UPSC COURSE

VIDEO- 74

POLITY

STATE
LEGISLATURE
By Dewashish Awasthi
 STATE LEGISLATURE

Article 168: Constitution of Legislatures in States.

State Legislature means

The State Legislative Assembly or Lower House

Majority of the states in India have only
assembly and is called unicameral system.
The State Legislative Council or Upper House

And
In any state if both the Assembly and the
Legislative council are present it is called
The Governor bicameral system.
 Only 6 states are bicameral. They are

Andhra Pradesh, Bihar, Telangana, Karnataka, Maharashtra, Uttar Pradesh

Article 169: Abolition or creation of Legislative Councils in States.

ARTICLE 169: The Parliament is empowered to establish or abolish a state legislative council.

The state assembly if passes a resolution by a special majority.

If the Parliament by a majority (simple) accepts the same then the legislative council can be established.

NOTE: Through the same process a legislative council can be abolished.

ALSO NOTE: This is not an amendment of the constitution under Article 368. This is passes like an ordinary legislation.
 Article 170: Composition of the Legislative Assemblies.

STRENGTH: (NUMBER OF MEMBERS)

The minimum strength of assembly is 60.

The maximum strength of assembly is 500.

The strength of assembly varies from state to state depending on the population.

The strength of Uttar Pradesh assembly is 403. (Highest population)

The strength of Sikkim assembly is 32. (Lowest population).

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?

In case of Nagaland the minimum strength is fixed at 46. (Present Strength ? )

In case of Mizoram the minimum strength is fixed at 40. (Present Strength ?)

In case of Arunachal Pradesh, Goa and Sikkim the minimum strength is fixed at 30. (Present Strength ?)

ELECTION:

All the members in the assembly are directly elected by the people.

The Governor nominates one member from the Anglo-Indian community (Amendment?).
RESERVATION:

The seats are reserved for scheduled castes and scheduled tribes in the assembly on the basis of population ratio.

Originally the reservation is valid for not more than for 10 years from the date of commencement of the
Constitution

But, the duration has been extended continuously

TERM:

✓ The term of legislative assembly is 5 years.

✓ Even before the completion of the term of 5 years the assembly may be dissolved by the Governor.
 QUALIFICATIONS FOR LEGISLATIVE ASSEMBLY

He must be a citizen of India.

He must not be less than 25 years of age.

He must possess other qualifications prescribed by the Parliament.

As per the point number 3, the parliament has laid down the additional qualifications.

The additional qualifications are mentioned in the Representation of People’s Act of 1951.

A person to be elected to the legislative council must be an elector from an assembly constituency in the
concerned state.
CAN THE TERM OF ASSEMBLY IS EXTENDED ?

The term of assembly can be extended by 1 year during the period of National emergency.

This period can be extended by any number of times but not more than 1 year at a time.

DISQUALIFICATIONS:

Note: The question of disqualification on the grounds of defection is decided by the speaker. (Discussed in
anti-defection law)
Note: The disqualifications are same like that of a member of the Parliament.

If he holds any office of profit under the Union or State government.

NOTE: The state legislature can declare that a particular office of profit will not disqualify its holder from its membership.

If he is of unsound mind and stands so declared by a court.

If he is an un discharged insolvent.

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.

If he is so disqualified under any law made by the Parliament.

Note: The disqualification of a member is decided by the Governor after obtaining the opinion of the Election Commission.
SALARY:

The salary of the members of legislative assembly is decided by the state legislature

RESIGNATION:

A member of legislative assembly submits the resignation to the speaker.

 SPEAKER:

QUALIFICATIONS:

He must be a member of the legislative assembly.

ELECTION:

The speaker is elected from amongst the members of state legislative assembly.

The election of the speaker is conducted by the pro-tem speaker.

NOTE: Protem speaker is appointed by the Governor. Generally the senior most member of the assembly is
appointed as the pro-tem speaker.
RESIGNATION:

Speaker submits the resignation letter to the Deputy Speaker.

VACANCY IN THE OFFICE OF THE SPEAKER:

If the speaker ceases to be a member of assembly he deemed to be vacated the seat.

If he resigns then there is a vacancy in the office of the speaker.

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 (Effective Majority in SLA)
REMOVAL PROCEDURE OF THE SPEAKER:

The speaker can be removed from the office after giving 14 days advance notice.

During this period the speaker cannot act as the speaker.

Instead the deputy speaker acts as the Speaker.

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. (Effective Majority)
FUNCTIONS OF THE SPEAKER:

The most important function of the Speaker is to maintain decency and decorum in the assembly.

The Speaker adjourns the assembly or suspends the meeting in the absence of quorum.

QUORUM:

This is the minimum strength in the assembly.

Quorum is equal to 1/10th of the total

OR

10 members whichever is higher.

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.
The speaker has the casting vote or deciding vote

WHAT IS CASTING VOTE?

The speaker does not vote in the first instance.

If there is an equality of votes then only the speaker votes.

The speaker decides whether a bill is money bill or not and the decision of the speaker is final.

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.

The speaker appoints the chairmen of all the committees of the assembly.

The speaker acts as the chairman of the Business Advisory Committee.

DEPUTY SPEAKER:

QUALIFICATIONS:

The deputy speaker must be a member of Assembly.

The deputy speaker is elected from amongst the members.

The election of the speaker is conducted after the election of the speaker.

The deputy speaker election is conducted by the Speaker.

FUNCTIONS OF THE DEPUTY SPEAKER:

He acts as the speaker in the absence of the speaker.

RESIGNATION:

The deputy speaker submits the resignation to the speaker.

VACANCY IN THE OFFICE OF THE DEPUTY SPEAKER:

If the deputy speaker ceases to be a member of assembly he deemed to be vacated the seat.

If the deputy speaker resigns then there is a vacancy in the office of the deputy speaker.

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. (Effective Majority)
REMOVAL PROCEDURE OF THE DEPUTY SPEAKER:

Note: In the same manner like that of the Speaker.

The deputy speaker can be removed from the office after giving 14 days advance notice.

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. (Effective Majority)
 LEGISLATIVE COUNCIL:

Article 171: Composition of the Legislative Councils.

STRENGTH: (NUMBER OF MEMBERS)

The minimum strength is 40.

The maximum strength is 1/3rd of the total strength of the assembly.

In between the maximum and minimum the strength is fixed by the parliament.
ELECTION:

The members of legislative council are elected indirectly.

NOMINATION:

1/6th of the total strength are nominated by the Governor.

ELECTION PROCEDURE:

✓ The members are elected in accordance with system of proportional representation by means of a
single transferable vote.

✓ 1/3rd are elected by the members of local bodies like municipalities, district boards etc.

✓ 1/3rd are elected by the MLA’s (Members of Legislative Assemblies).

✓ 1/12th are elected by graduates.

✓ 1/12th are elected by teachers.

✓ 1/6th are nominated by the governor.

TERM OF LEGISLATIVE COUNCIL:

It is a permanent house and subjected to dissolution.

Note: It may be abolished.

1/3rd members retire at the end of every second year.

The term of a member of legislative council is 6 years.

The retiring members are eligible for reelection.

QUALIFICATIONS FOR LEGISLATIVE COUNCIL:

He must be a citizen of India.

He must not be less than 30 years of age.

He must possess other qualifications prescribed by the Parliament.

ADDITIONAL QUALIFICATIONS AS PER REPRESENTATIONS OF PEOPLE’S ACT:

A person to be elected to the legislative council must be an elector from an assembly constituency in the
concerned state.
DISQUALIFICATIONS:

NOTE: Same as that of Assembly member.

If he holds any office of profit under the Union or State government.

If he is of unsound mind and stands so declared by a court.

If he is an un discharged insolvent.

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.

If he is so disqualified under any law made by the Parliament.

Note: The disqualification of a member is decided by the Governor after obtaining the opinion of the Election
Commission.

Note: The question of disqualification on the grounds of defections is decided by the Chairman. (Discussed in
anti-defection law).

SALARY:

The salary MLCs is decided by the state legislature.

RESIGNATION:

An MLC submits the resignation to the Chairman of the legislative council.

CHAIRMAN OF LEGISLATIVE COUNCIL:

The chairman of the legislative council must be a member of the legislative council.

The chairman is elected from amongst the members.

Note: This is unlike Rajya Sabha, where the Chairman is not a member of the Rajya Sabha.

RESIGNATION:

The Chairman submits the resignation to the deputy chairman.

VACANCY IN THE OFFICE OF THE CHAIRMAN:

If he ceases to be a member of legislative council.

If the chairman resigns.

If the chairman is removed by a resolution passed by a majority of all the then members of the council.
(Effective majority)

REMOVAL:

For removing the chairman 14 days advance notice is given.

If the resolution is passed by the then members of the council the chairman is considered to be removed.
(Effective Majority)
FUNCTIONS OF THE CHAIRMAN:

The functions of the chairman of the legislative council are similar to that of the speaker of
assembly.

SALARY:

The salary and allowances of the chairman of the legislative council are decided by the state
legislature.
DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCIL:

The deputy chairman must be a member of the legislative council.

The deputy chairman is elected from amongst the members of the council.

RESIGNATION:

The deputy chairman submits the resignation to the chairman.

VACANCY:

If he ceases to be a member of legislative council.

If the deputy chairman resigns.

If the deputy chairman is removed by a resolution passed by a majority of all the then members of the council.

REMOVAL:

Note: Same procedure like that of Chairman.

For removing the deputy chairman 14 days advance notice is given.

If the resolution is passed by the then members of the council the deputy chairman is considered to be removed.
(Effective Chairman)
 FUNCTIONS OF THE DEPUTY CHAIRMAN:

The deputy chairman acts as the chairman in the absence of the Chairman.

Legislative Procedure in State Legislature

Unicameral type of government

All bills originate in single chamber i.e. legislative assembly

When passed are presented to governor for his assent

 Bicameral type of government

•If legislative assembly rejects a bill, originated in Legislative council, then it is the end of the bill

•Procedure of money bill is same as in parliament

•In case of Financial or ordinary bill, if it is passed by legislative assembly, It is sent to legislative council,
where if it

•Reject the bill

•Suggest amendment to the bill not acceptable to legislative assembly

•Does not act upon the bill for 3 months

 •Then it is referred back to legislative assembly, If legislative assembly passes the bill for the 2nd time, it is
retransmitted legislative council, where

At the expiry of 1 month period

Then, bill is deemed to have been passed by both the houses & sent to governor for his assent.

Maximum Month – 4 Months

WHERE IS THE ULTIMATE AUTHORITY LIES?

The ultimate power to pass a bill lies with the assembly.

In case of dead lock there is no provision of the joint sitting like in Parliament.
What is dead lock?

This is a situation where a bill is passed by one house and rejected by the other.

ROLE OF GOVERNOR

The Governor may give assent to the bill and the bill becomes an act.

The Governor may withhold the bill the assent to the bill. Then the bill does not become an act.

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.

The Governor may reserve the bill for the consideration of the President.
 The governor cannot return the money bill for the reconsideration of the state legislature.

Role of President for State legislature Bill (Reserve by Governor)

The President cannot return the money bill for reconsideration of the state legislature
 Info- Bits related with State Legislature

84th Constitutional Amendment 2001 – 2026

Double membership: A person cannot be a member of both Houses of the state legislature or
legislature of two or more states at the same time. State laws specify the conditions for vacating the
seat in case of double membership in the same state.

Absence: 60 Days

Sessions of State Legislature- Summoning, Adjournment etc

 State Legislature – Powers, Privileges and Immunities Article 194 (Similar to Article 105)

Article 172: Duration of State Legislatures.

Article 173: Qualification for membership of the State Legislature.

Article 174: Sessions of the State Legislature, prorogation and dissolution.

Article 177: Rights of Ministers and Advocate-General as respects the Houses.