The State Legislature

CHAPTER 2

The Legislative Assembly ( Vidhan Sabha)

1. COMPOSITION• LA of a state consists of not more than 500 and not less than 60

members chosen by direct election by the people.• Actual strength of each assembly is fixed from time to time on the

basis of latest census.• With the creation of some small states the number was reduced

to 30.•

Reservation and Nomination

• MLA are directly elected by the people on the basis of UAF and by SECRET BALLOT.

• Special provisions for the representations of SC, ST & AIC – to protect the weaker sections of the society .

• Governor can nominate 1member of the AIC • The special arrangements will last till the year 2000 AD which has been

extended upto 25 Jan 2010 AD by 79th Amendment.•

Qualifications for Membership

• Must be a citizen of India.• Not be les than 25v years of age.• Should not hold an office of profit under the government. • Should be of sound mind and should not be an undischarged insolvent.•

Disqualifications

• If he accepts the citizenship of foreign country.• If he is declared by a court of law that he is of unsound mind.• If he is disqualified by a law of the Parliament like the Anti Defection

Act. • Should be of sound mind and should not be an undischarged insolvent.

1. Anti- Defection Act :

Passed by the 52nd CAA, 1985, according to which a member of the House, who is elected from one political party, is disqualified from his membership if he joins another political party.

If he gives up membership of his political party , is also disqualified if he gives up membership of his political party, or if he votes or abstains from voting in the House against the direction of his party without its prior permission.

ELECTION

• Are directly elected by people from territorial constituencies in a State.

• 1 member of the AIC may be nominated by the Governor.• Election through Secret Ballot on the basis of adult suffrage.• System of territorial constituencies and single member constituency

is adopted for the purpose of election.

TERMS OF THE ASSEMBLY

• Elected for a term of 5 years.• May be dissolved earlier by the Governor of the State on the advice

of the CM• May also be dissolved earlier before the completion of its normal

term by the Governor when there is breakdown of Constitutional machinery in the State.

• Governor recommends the President for President’s rule.•

SESSIONS

• Must be summoned by the Governor at least twice a year.• Intervening period between two periods between two sessions must

not exceed 6 months.• The quorum for the meetings of the LA is fixed at one- tenth of the

total membership or ten members, whichever is applicable.

SPEAKER

• LA elects two of its members – one as Speaker, and the other as DS of the House.

• Speaker and DS vacate their office if they cease to be the members of the Assembly.

• Speaker may be removed from his office by a resolution of the Assembly passed by a majority of all the members of the Assembly .

• Speaker may resign writing a letter to DS.• Whenever the LA is dissolved, Speaker does not vacate the office

until immediately before the first meeting of the new Assembly.•

The Legislative Council ( Vidhan Parishad)

• States with a bicameral legislature have two houses, LA & LC (Upper House).

• Max strength of LC is 1/3 rd of the total strength of the LA or a minimum number of 40 members, whichever is higher.

• LC consists of elected and nominated members.• 5/6 of its total number of members is elected and 1/6 is nominated

by the Governor of the State.

Privileges of the members of the State Legislature

1. Both the Houses of SLA enjoy freedom of speech in the House. • Cannot be tried in any court for

Anything said

Any vote cast by them in the House

Or in any of its committees

Cannot be arrested in respect of a civil case during the Session to enable the members to participate fully in the proceedings in the House

3. No legal notice or warrant for arrest can be served on a member of the SL for an offence committed by him in the precinicts of the Houses. Speaker of the LA and Chairman of the LC must be informed if their members are to be arrested for an offence committed by them outside the House.

4. Either House of the Assembly may condemn any outsider.

Emoluments of Members

• Are entitled to draw daily allowances when their House is in session which are fixed by legislature.

• Language of the State Legislature: As per the Constitution business of the State Legislature shall be transacted in the official language of the State or in Hindi or English. Mother tongue is allowed when the member cannot express in any of these languages.

Powers of the State Legislature

Legislative Financial Control over Constitutional the Executive

1. Legislative Powers

• Has exclusive powers to make laws for the State on the 66 Subjects included in the State List and can also make laws on the 47 Subjects mentioned in the Concurrent List

LIMITATIONS• A State Legst functions under some limitations on its legislative powers.

1. UP can make laws in regard to a subject enumerated in the State List, if the RS passes a resolution by a 2/3rds majority that the particular subject is of national importance.

2. Parliament can make laws on all subjects on the State List during NE.

3. Under President’s rule, Parliament takes over all the powers of the State Legislature, even the power to pass state budget.

4. A bill on State List, imposing restrictions on the freedom of inter state trade, cannot be moved in the SL without the prior approval of the President.

5. Bill = acquisition of private property for public purposes, after passed by SL must be referred by the Governor to the President for approval.

6. During a conflict between the Union Laws and State Laws on any subject of Concurrent List then the Union Laws prevail over those made by the State Legislature.

7. In case the LA of 2 or more States request the Parliament to make laws on certain subjects on the State List for those States , the Parliament can make laws in this respect for those States.

Control over the Executive

• SCOM is collectively and individually responsible for the LA.• Govt has to resign if : the LA rejects a Govt Bill or passes a cut

motion in the salaries of Ministers.• The LA can criticize or expose the Ministers in the House through

interpellation, debates or adjournment motions.

Constitutional Powers

• The SL do not have power to initiate amendments to the Constitution, but their approval is essential for certain amendments. Amendments having direct bearing on the States must be ratified by atleast one half of the SL in the country.

• Elected Members of the LA participate in the election of President. Members of RS are elected by the SLA.

• In a BL, the LA of the State elects 1/3rd Members of the LC of the State.

Relationship between the LA & LC

• LA plays a dominant role in a State with BL.

Supremacy of LA over LC.

Legislative Sphere Financial Sphere Control over the Executive

1. Legislative Sphere

• LC plays an interior an advisory role.• Constitution- A Bill shall not be deemed to have been passed by the

Legstr unless it has been agreed to by both the Houses.• Any Bill except the Money Bill can be introduced in the LC, but it has

no veto power over the Bill sent to it by the LA.• A Bill passed by the LA is sent for LC for its consideration which has

the following options. LC may pass the Bill without the amendments. In this case the Bill is

sent to the Governor for his assent. LC may withhold a Bill for a maximum period of 3 months. LC may reject the Bill or propose some amendments.

2. Financial Sphere

• In FC LA has real power.• No MB can be introduced in LC.• Once a MB is passed by the Assembly, it is referred to the LC for

approval. • Council has to pass such a Bill within 14 days.• After 14 days it is deemed to have been passed by the LC.

3. Control over Executive COM is responsible to the LA.• It can pass a VONCM against the Ministry and oust it.• LC can only questions form the Minister and pass adjournment

motion. • LA participates in the election of the President and the Members of

the RS.• Were there is a bicameral legislature it elects 1/3rd Members of the

LC of the State.

LC

• Weak Constitutional Appendix unnecessary burden on

the State finance