KALYANSIR.COM
ü Parliament
means the Lok Sabha, the Rajya Sabha and the President.
|
ü
Similarly State Legislature means
·
The State Legislative Assembly or Lower House
·
The State Legislative Council or Upper House
And
·
The Governor
|
ü Majority
of the states in India have only assembly and is called unicameral system.
ü UNICAMERAL
SYSTEM:
·
The State Legislative Assembly
·
The Governor
ü In
any state if both the Assembly and the Legislative council are present it is
called bicameral system.
ü BICAMERAL
SYSTEM:
·
The State Legislative Assembly
·
The State Legislative Council
and
·
The Governor
ü As
of January 1, 2014 only 6 states are bicameral. They are
·
Andhra Pradesh
·
Bihar
·
Jammu and Kashmir
·
Karnataka
·
Maharashtra
·
Uttar Pradesh
HOW THE STATE
LEGISLATIVE COUNCIL IS CREATED / ABOLISHED?
ü ARTICLE 169:
The Parliament is empowered to establish or abolish a state legislative
council.
ü The
state assembly if passes a resolution by a special majority.
ü If
the Parliament by a majority (simple) accepts the same then the legislative
council can be established.
ü NOTE:
Through the same process a legislative council can be abolished.
ü ALSO NOTE:
This is not an amendment of the constitution under Article 368. This is passes
like an ordinary legislation.
ASSEMBLY:
STRENGTH: (NUMBER OF MEMBERS)
ü The
minimum strength of assembly is 60.
ü The
maximum strength of assembly is 500.
ü The
strength of assembly varies from state to state depending on the population.
ü The
strength of Uttar Pradesh assembly is 403. (Highest population)
ü The
strength of Sikkim assembly is 32. (Lowest population).
ü Did
you notice that the strength of some of the assemblies like Arunachal Pradesh,
Sikkim, Goa, Mizoram, and Nagaland etc in the country is less than 60?
ü In
case of Nagaland the minimum strength is fixed at 46.
ü In
case of Mizoram the minimum strength is fixed at 40.
ü In
case of Arunachal Pradesh, Goa and Sikkim the minimum strength is fixed at 30.
ELECTION:
ü All
the members in the assembly are directly elected by the people.
ü The
Governor nominates one member from the Anglo-Indian community.
RESERVATION:
ü The
seats are reserved for scheduled castes and scheduled tribes in the assembly on
the basis of population ratio.
ü Originally
the reservation is valid for not more than for 10 years from the date of commencement
of the Constitution (January, 26, 2013).
ü But,
the duration has been extended continuously.
ü Through
109th
amendment in the year 2009 the reservation has been extended up
to January 25, 2020.
ü Through
the same amendment (109th) the provision for nominating
Anglo-Indians is also extended up to January 25, 2020.
TERM:
ü The
term of legislative assembly is 5 years.
ü Even
before the completion of the term of 5 years the assembly may be dissolved by
the Governor.
CAN THE TERM
OF ASSEMBLY IS EXTENDED ?
ü The
term of assembly can be extended by 1 year during the period of National
emergency.
ü This
period can be extended by any number of times but not more than 1 year at a
time.
ü The
extension cannot be continued beyond a period of 6 months after the emergency
has ceased to operate.
QUALIFICATIONS
FOR LEGISLATIVE ASSEMBLY:
ü He
must be a citizen of India.
ü He
must not be less than 25 years of age.
ü He
must possess other qualifications prescribed by the Parliament.
ü As
per the point number 3, the parliament has laid down the additional
qualifications.
ü The
additional qualifications are mentioned in the Representation of People’s Act of
1951.
DISQUALIFICATIONS:
ü Note:
The disqualifications are same like that of a member of the Parliament.
ü If
he holds any office of profit under the Union or State government.
ü EXCEPTION:
A Minister in the union or state government is not considered as holding an
office of profit.
ü NOTE:
The state legislature can declare that a particular office of profit will not
disqualify its holder from its membership.
ü If
he is of unsound mind and stands so declared by a court.
ü If
he is an un discharged insolvent.
ü If
he is not a citizen of India or has voluntarily acquired the citizenship of a
foreign state or is under any acknowledgement of allegiance to a foreign state.
ü If
he is so disqualified under any law made by the Parliament.
ü Note:
The disqualification of a member is decided by the Governor after obtaining the
opinion of the Election Commission.
ü Note:
The question of disqualification on the grounds of defection is decided by the
speaker. (Discussed
in anti-defection law).
SALARY:
ü The
salary of the members of legislative assembly is decided by the state
legislature.
RESIGNATION:
ü A
member of legislative assembly submits the resignation to the speaker.
SPEAKER:
QUALIFICATIONS:
ü He
must be a member of the legislative assembly.
ELECTION:
ü The
speaker is elected from amongst the members of state legislative assembly.
ü The
election of the speaker is conducted by the pro-tem speaker.
ü NOTE:
Protem speaker is appointed by the Governor. Generally the senior most member
of the assembly is appointed as the pro-tem speaker.
RESIGNATION:
ü Speaker
submits the resignation letter to the Deputy Speaker.
VACANCY IN
THE OFFICE OF THE SPEAKER:
ü If
the speaker ceases to be a member of assembly he deemed to be vacated the seat.
ü If
he resigns then there is a vacancy in the office of the speaker.
ü If
the speaker is removed by a resolution passed by a majority of all the then
members of the assembly, then there is a vacancy in the office of the speaker.
REMOVAL
PROCEDURE OF THE SPEAKER:
ü The
speaker can be removed from the office after giving 14 days advance notice.
ü During
this period the speaker cannot act as the speaker.
ü Instead
the deputy speaker acts as the Speaker.
ü After
14 days if a resolution is passes by a majority of all the then members of the
assembly, the speaker is considered to be removed from the office.
FUNCTIONS OF
THE SPEAKER:
ü The
most important function of the Speaker is to maintain decency and decorum in
the assembly.
ü The
Speaker adjourns the assembly or suspends the meeting in the absence of quorum.
|
QUORUM:
ü
This is the minimum strength in the assembly.
ü
Quorum is equal to 1/10th of the total
OR
ü
10 members whichever is higher.
ü
In bigger states like UP or AP the minimum strength must
be 1/10th of the total and in states like Goa and Sikkim the
minimum strength must be 10 members.
|
ü The
speaker has the casting vote or deciding vote.
|
WHAT IS CASTING VOTE?
ü
The speaker does not vote in the first instance.
ü
If there is an equality of votes then only the speaker
votes.
.
|
ü The
speaker decides whether a bill is money bill or not and the decision of the
speaker is final.
ü The
speaker decides the question of disqualification of the members of assembly on
the grounds of defection under the provisions of 10th schedule of
the Indian Constitution.
ü The
speaker appoints the chairmen of all the committees of the assembly.
ü The
speaker acts as the chairman of the Business Advisory Committee.
DEPUTY
SPEAKER:
QUALIFICATIONS:
ü The
deputy speaker must be a member of Assembly.
ü The
deputy speaker is elected from amongst the members.
ü The
election of the speaker is conducted after the election of the speaker.
ü The
deputy speaker election is conducted by the Speaker.
FUNCTIONS OF
THE DEPUTY SPEAKER:
ü He
acts as the speaker in the absence of the speaker.
RESIGNATION:
ü The
deputy speaker submits the resignation to the speaker.
VACANCY IN
THE OFFICE OF THE DEPUTY SPEAKER:
ü If
the deputy speaker ceases to be a member of assembly he deemed to be vacated
the seat.
ü If
the deputy speaker resigns then there is a vacancy in the office of the deputy speaker.
ü If
the deputy speaker is removed by a resolution passed by a majority of all the
then members of the assembly, then there is a vacancy in the office of the deputy
speaker.
REMOVAL
PROCEDURE OF THE DEPUTY SPEAKER:
ü Note:
In the same manner like that of the Speaker.
ü The
deputy speaker can be removed from the office after giving 14 days advance
notice.
ü During
this period the deputy speaker cannot act as the speaker.
ü After
14 days if a resolution is passes by a majority of all the then members of the
assembly, the deputy speaker is considered to be removed from the office.
LEGISLATIVE
COUNCIL:
STRENGTH:
(NUMBER OF MEMBERS)
ü The
minimum strength is 40.
ü The
maximum strength is 1/3rd of the total strength of the assembly.
ü In
between the maximum and minimum the strength is fixed by the parliament.
ELECTION:
ü The
members of legislative council are elected indirectly.
NOMINATION:
ü 1/6th
of the total strength are nominated by the Governor.
ELECTION PROCEDURE:
ü The
members are elected in accordance with system of proportional representation by
means of a single transferable vote.
ü 1/3rd
are elected by the members of local bodies like municipalities, district boards
etc.
ü 1/3rd
are elected by the MLA’s (Members of Legislative Assemblies).
ü 1/12th
are elected by graduates.
ü 1/12th
are elected by teachers.
ü 1/6th
are nominated by the governor.
TERM OF
LEGISLATIVE COUNCIL:
ü It
is a permanent house and subjected to dissolution.
ü Note:
It may be abolished.
ü 1/3rd
members retire at the end of every second year.
ü The
term of a member of legislative council is 6 years.
ü The
retiring members are eligible for reelection.
QUALIFICATIONS
FOR LEGISLATIVE COUNCIL:
ü He
must be a citizen of India.
ü He
must not be less than 30 years of age.
ü He
must possess other qualifications prescribed by the Parliament.
ADDITIONAL
QUALIFICATIONS AS PER REPRESENTATIONS OF PEOPLE’S ACT:
ü A
person to be elected to the legislative council must be an elector from an
assembly constituency in the concerned state.
ü He
must be a resident in the concerned state.
DISQUALIFICATIONS:
ü NOTE:
Same as that of Assembly member.
ü If
he holds any office of profit under the Union or State government.
ü EXCEPTION:
A Minister in the union or state government is not considered as holding an
office of profit.
ü If
he is of unsound mind and stands so declared by a court.
ü If
he is an un discharged insolvent.
ü If
he is not a citizen of India or has voluntarily acquired the citizenship of a
foreign state or is under any acknowledgement of allegiance to a foreign state.
ü If
he is so disqualified under any law made by the Parliament.
ü Note:
The disqualification of a member is decided by the Governor after obtaining the
opinion of the Election Commission.
ü Note:
The question of disqualification on the grounds of defections is decided by the
Chairman. (Discussed
in anti-defection law).
SALARY:
ü The
salary MLCs is decided by the state legislature.
RESIGNATION:
ü An
MLC submits the resignation to the Chairman of the legislative council.
CHAIRMAN OF
LEGISLATIVE COUNCIL:
ü The
chairman of the legislative council must be a member of the legislative council.
ü The
chairman is elected from amongst the members.
ü Note:
This is unlike Rajya Sabha, where the Chairman is not a member of the Rajya
Sabha.
RESIGNATION:
ü The
Chairman submits the resignation to the deputy chairman.
VACANCY IN
THE OFFICE OF THE CHAIRMAN:
ü If
he ceases to be a member of legislative council.
ü If
the chairman resigns.
ü If
the chairman is removed by a resolution passed by a majority of all the then
members of the council.
REMOVAL:
ü For
removing the chairman 14 days advance notice is given.
ü If
the resolution is passed by the then members of the council the chairman is
considered to be removed.
FUNCTIONS OF
THE CHAIRMAN:
ü The
functions of the chairman of the legislative council are similar to that of the
speaker of assembly.
SALARY:
ü The
salary and allowances of the chairman of the legislative council are decided by
the state legislature.
DEPUTY
CHAIRMAN OF THE LEGISLATIVE COUNCIL:
ü The
deputy chairman must be a member of the legislative council.
ü The
deputy chairman is elected from amongst the members of the council.
RESIGNATION:
ü The
deputy chairman submits the resignation to the chairman.
VACANCY:
ü If
he ceases to be a member of legislative council.
ü If
the deputy chairman resigns.
ü If
the deputy chairman is removed by a resolution passed by a majority of all the
then members of the council.
REMOVAL:
ü Note:
Same procedure like that of Chairman.
ü For
removing the deputy chairman 14 days advance notice is given.
ü If
the resolution is passed by the then members of the council the deputy chairman
is considered to be removed.
FUNCTIONS OF THE
DEPUTY CHAIRMAN:
ü The
deputy chairman acts as the chairman in the absence of the Chairman.
HOW THE BILLS
ARE PASSED IN THE STATE LEGISLATURE?
ü The
bills at the state level are divided into 2 categories.
§ Ordinary
bills
§ Money
bills
ü Note:
In case of unicameral legislature all the bills are introduced in the assembly,
if it is passes the bill will be forwarded to the Governor for his assent.
ORDINARY
BILL:
ü An
ordinary bill can be introduced in either of the houses of the state
legislature.
ü If
a bill that is introduced in the assembly is not passed, then the bill is
considered to be rejected and the bill does not go to the legislative council.
ü When
a bill is passed by the assembly and forwarded to the council then
·
The council may pass the bill as sent by
the assembly
·
The council may reject the bill.
·
The council may pass the bill with
amendments (changes) and return the bill to the assembly for reconsideration.
·
The council may not take any action and
keeps the bill pending.
ü If
the council passes the bill without amendments the bill is deemed to be passed
by both the houses and is sent to the Governor for his assent.
ü If
the council passes the bill with amendments and the assembly accepts the same
then also the bill is considered to be passes and forwarded to the Governor for
his assent.
ü If
the assembly rejects the amendments as suggested by the council
OR
ü the
council rejects the bill all together
OR
ü If
the council does not take any action for a period of three months then the
assembly may pass the bill again and forward the same to the council.
ü If
the council rejects the bill again
OR
ü Passes
the bill with amendments that are not acceptable to the assembly
OR
ü If
the council does not pass the bill within one month then the bill is deemed to
have been passed by both the houses in the form in which it was passed by the
assembly for the second time.
WHERE IS THE ULTIMATE AUTHORITY LIES?
ü The
ultimate power to pass a bill lies with the assembly.
ü In
case of dead lock there is no provision of the joint sitting like in
Parliament.
|
What is dead lock?
ü
This is a situation where a bill is passed by one house
and rejected by the other.
|
ü On
the other hand the bill that is originated in the legislative council is passed
and sent to the assembly, if rejected by the assembly the bill is considered to
be rejected and the bill becomes dead.
ROLE OF
GOVERNOR:
ü The
Governor may give assent to the bill and the bill becomes an act.
ü The
Governor may withhold the bill the assent to the bill. Then the bill does not
become an act.
ü The
Governor may return the bill for the reconsideration. In this case if the bill
is passes by the legislature and sent to the governor for assent the governor
must give the assent.
ü The
Governor may reserve the bill for the consideration of the President. The
President may either give the assent
OR
ü withhold
the assent to the bill
OR
ü return
the bill for reconsideration
ü The
state legislature must consider the bill within six months.
ü The
bill is presented again to the presidential assent after it is passed by the legislature
with or without amendments.
ü Constitution
is silent on the action of the President after reconsideration by the state
legislature.
MONEY BILLS:
ü A
money bill can be introduced only in the assembly only on the recommendation of
the governor.
ü All
money bills are Public or governmental bills.
ü The
money bills are introduced only by the ministers and not by other members.
ü A
money bill cannot be introduced in the legislative council.
ü After
a money bill is passed by the assembly, the same is forwarded to the
legislative council.
ü The
legislative council cannot reject the money bills.
ü The
legislative council cannot amend the money bill.
ü The
legislative council can suggest recommendations.
ü The
legislative council must return the money bill to the assembly within 14 days.
ü The
assembly can accept or reject the suggestions given by the legislative council.
ü If
the legislative council does not return the money bill within 14 days then the
bills is deemed to have been passed by both the houses.
ü The
money bill then submitted to the Governor for his assent.
ROLE OF
GOVERNOR IN MONEY BILL:
ü The
governor may give assent to the money bill.
ü The
governor may withhold the assent to the money bill.
ü The
governor may reserve the money bill for the consideration of the President.
ü The
governor
cannot return the money bill for the reconsideration of the
state legislature.
ü When
the money bill is reserved for the consideration of the President the President
may give assent or withhold the bill.
ü The
President cannot return the money bill for reconsideration of the state
legislature.