Bicameralism in India

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    21-Sep-2014
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This slide narrates about the division of power among different houses of parliament and the concept of Bicameralism. It describes the existence of loksabha, rajyasabha, vidhan sabha and vidhan parishad.

Transcript of Bicameralism in India

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MEANINGBicameralism is the practice of having two legislative or parliamentary chambers. The relationship between the two chambers of a bicameral legislature can vary. In some cases, they have equal power, and in others, one chamber is clearly superior to the other. It is commonplace in most federal systems to have a bicameral legislature.

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BICAMERALISM

CENTRAL LEVEL

RAJYASABHA

LOKSABHA

STATELEVEL

VIDHAN SABHA

VIDHANPARISHAD

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CENTRAL LEVEL

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RAJYA SABHAThe Rajya Sabha (RS) or Council of States is the upper house of the Parliament of India. Rajya means "state“ and Sabha  means "assembly" in Sanskrit. Membership is limited to 250 members, 12 of whom are nominated by the President of India for their contributions to art, literature, science, and social services. The remainder of body is elected by the state and territorial legislatures. Members sit for six-year terms, with one third of the members retiring every two years.

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CONT…

The Vice President of India (currently, Hamid Ansari) is the ex-officio  Chairman of the Rajya Sabha, who presides over its sessions. The Deputy Chairman, who is elected from amongst the RS's members, takes care of the day-to-day matters of the house in the absence of the Chairman. The Rajya Sabha held its first sitting on 13 May 1952. The salary and other benefits for a member of Rajya Sabha are same as for a member of Lok Sabha.

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CONT…QualificationsFor anyone to become a member of the Rajya Sabha, he/she must be at least 30 years of age. Other qualifications are same as in becoming a member of the Lok Sabha.

ElectionsThe candidates are elected by the Legislative Assembly of States and Union territories by means of Single transferable vote through Proportional representation.However twelve members are nominated by the President of India having special knowledge in various areas like Arts, Science etc. However they are not entitled to vote in Presidential elections as per Article 55 of Indian Constitution.

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LOK SABHAThe Lok Sabha (Hindi: लोक सभा) or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult franchise. As of 2009, there have been fifteen Lok Sabhas elected by the people of India. The Constitution limits the Lok Sabha to a maximum of 552 members, including not more than 20 members representing people from the Union Territories, and two appointed non-partisan members to represent the Anglo-Indian community.

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CONT…QualificationsAs per Article 84 of Indian Constitution, the qualification for being a member of Lok Sabha is that he/she should be a citizen of India and has taken an oath given under Third Schedule of the Constitution. Also he/she must be at least 25 years of Age.However, a member can be disqualified of being a member of parliament:-if he/she holds office of profit;if he/she is an undischarged insolvent;if he/she is of unsound mind;if he/she gives up as a citizenship of India or under allegiance or adherence to a foreign State;if he/she is violating party discipline (as per Tenth schedule of the constitution);disqualified under Representation of People Act.

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CONT…ElectionThe members of lok Sabha are directly elected by their constituencies through direct election by First past the post system.However, two Anglo-Indians are nominated to the Lok Sabha, if the President of India feels that there is lack of representation of Anglo-Indians. But, they are not entitled to vote in Presidential elections as per Article 55 of the Indian Constitution.

OfficersAs per Article 93 of Indian Constitution, the Lok Sabha has a Speaker and a Deputy Speaker. By convention, they are elected by a resolution passed by simple majority. The 15th Lok Sabha elected Meira Kumar as the speaker on 3 June 2009, which is its first woman speaker to date. The Lok Sabha has also a separate non-elected Secretariat staff.

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STATE LEVELARTICLES 168-212

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VIDHAN SABHA

LEGISLATIVE ASSEMBLY The Vidhan Sabha (Hindi: वि�धान सभा) or the 'Legislative Assembly' is the lower house (in states with bicameral) or the sole house (in unicameral states) of the provincial (state) legislature in the different states of India. The same name is also used for the lower house of the legislatures for two of the union territories, Delhiand Puducherry. The upper house in the six states with a bicameral legislature is called the Legislative Council, or Vidhan Parishad. Members of a Vidhan Sabha are direct representatives of the people of the particular state as they are directly elected by an electorate consisting of all adult citizens of that state. Its maximum size as outlined in the Constitution of India is not more than 500 members and not less than 60. However, the size of the Vidhan Sabha can be less than 60 members through an Act of Parliament, such is the case in the states of Goa, Sikkim and Mizoram. The Governor can appoint 1 member to represent minorities, e.g. the Anglo-Indian community.

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CONT…

Qualifications required to become a member

To become a member of a Vidhan Sabha, a person must be a citizen of India, not less than 25 years of age. He should be mentally sound and should not be bankrupt. He should also state an affidavit that there are no criminal procedures against him. Speaker of Vidhan Sabha who is responsible for the conduct of business of the body, and also a Deputy Speaker to preside during the Speaker's absence. The Speaker acts as a neutral judge and manages all debates and discussions in the house. Usually he is a member of the stronger political party

A Vidhan Sabha holds equal legislative power with the upper house of state legislature, the Vidhan Parishad ('Legislative Council'), except in the area of money bills in which case the Vidhan Sabha has the ultimate authority. In case of conflict regarding ordinary bills, the will of Legislative Assembly prevails and there is no provision of joint sitting. In such cases, Legislative council can delay the legislation by maximum 4 months(3months in first visit and 1 month in the second visit of the bill).

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Special powers of the Vidhan SabhaA motion of no confidence against the government in the state can only be introduced in the Vidhan Sabha. If it is passed by a majority vote, then the Chief Minister and his Council of Ministers must collectively resign.A money bill can only be introduced in Vidhan Sabha. In bicameral jurisdictions, after it is passed in the Vidhan Sabha, it is sent to the Vidhan Parishad, where it can be kept for a maximum time of 14 days. Unless a by the Finance Minister of the state in the name of the Governor of that state.In matters related to ordinary bills, the will of Legislative Assembly prevails and there is no provision of joint sitting. In such cases, Legislative council can delay the legislation by maximum 4 months(3 months in first visit and 1 month in the second visit of the bill).

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VIDHAN PARISHAD

LEGISLATIVE COUNCIL The Vidhan Parishad (or Legislative Council) is the upper house in those states of India that have a bicameral legislature. As of 2011, six (out of twenty-eight) states have a Legislative Council: Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, and Uttar Pradesh. In 2010 the Parliament of India passed an Act to re-establish a Legislative Council for a seventh state, Tamil Nadu, but implementation of the Act has been put on hold pending legal action; the state government has also expressed its opposition to the council's revival.

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MEMBERSHIPIn contrast with a state's Vidhan Sabha (Legislative Assembly), the Legislative Council is a permanent body and cannot be dissolved.; each Member of the Legislative Council (MLC) serves for a six-year term, with terms staggered so that the terms of one-third of a Council's members expire every two years. This arrangement parallels that for the Rajya Sabha, the upper house of the Parliament of India.MLCs must be citizens of India, at least 30 years' old, mentally sound, not bankrupt, and on the voters' list of the state for which he or she is contesting an election. He or she may not be a Member of Parliament at the same time.The size of the Vidhan Parishad cannot be more than one-third the membership of the Vidhan Sabha. However, its size cannot be less than 40 members (except in Jammu and Kashmir, where there are 36 by an Act of Parliament.)

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MLCs are chosen in the following manner:One-third are elected by members of local bodies such as corporations, municipalities, and Zila Parishads.One-third are elected by members of Legislative Assembly from among the persons who are not members of the Assembly.One-twelfth are elected by persons who are graduates of three years' standing residing in that state.One-twelfth are elected by persons engaged for at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.One-sixth are nominated by the governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social service.

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POWERS AND PROCEDURES

The Legislative Council elects its Chairman and Deputy Chairman from amongst its members.Theoretically the powers of the Legislative Council are coequal with the Assembly; in reality, the Council is the weaker partner. Ordinary bills can originate in any chamber of the legislature. A bill must be passed by both chambers, and receive the assent of the state's Governor, before it becomes law as an Act. The Governor may give his assent or return the bill back to" legislature with his observations. The legislature while reconsidering the bill may or may not take note of the views of the Governor on the bill. The Governor is bound to give his assent to the bill when it is presented to him for the second time. If the Legislative Council disagrees with a bill passed by the Legislative Assembly, then the bill must have a second journey, from the Assembly to the Council.Ultimately the views of the Assembly prevail. The Council can only delay the passage of a bill for 3 months in the first instance and for one month in the second. In contrast with Parliament, there is no provision for the joint sitting of state legislatures.

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CONT…

As with the Rajya Sabha, a Legislative Council has almost no powers in relation to finance, being subordinate to the Assembly; the latter chamber is the only place where Money Bills can originate. After a Money Bill has been passed by the Assembly it is sent to the Council, which can keep it for a maximum of 14 days; if it does not pass it within that period, the bill is deemed to have been passed by it.As with the Assembly, the Council can attempt to control the executive by putting questions to ministers, raising debates, and discussing adjournment motions to highlight alleged lapses by the state government. However, the Council cannot remove a government from office, lacking the Assembly's power to move a vote of no confidence.The powers given to a Legislative Council by the Constitution of India have been framed to keep it in a subordinate position to the Assembly, with its membership of professionals seen as a guiding influence on the latter body, rather than as its rival.

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CARTOONS ON

“INDIAN

PARLIAMENT”

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