STATE LEGISLATURE: COMPOSITION, POWERS, AND PROCEDURES

STATE LEGISLATURE: COMPOSITION, POWERS, AND PROCEDURES #

COMPOSITION OF ASSEMBLY: STRENGTH, NOMINATIONS, TERRITORIES, RESERVATIONS, AND DURATION EXPLAINED

• Representatives directly elected on the basis of universal adult franchise.
• Maximum strength: 500, Minimum strength:60.
• Arunachal P., Sikkim, Goa-Min strength-30
• Mizoram-40, Nagaland-46
• Some members of Sikkim & Nagaland- indirectly elected.
• Note: In all State Legislature assemblies, not all members are directly elected (exception Sikkim & Nagaland).

• Earlier one Anglo-Indian could be nominated by the Governor to the assembly (A.334). The 104th Constitutional Amendment (2019) abolished this reservation to Anglo-Indians.

• For conducting direct elections.
• Demarcation of these constituencies: ratio between population of each constituency and the number of seats allotted to it is same throughout the State Legislature.

• Readjustment in the total number of seats in the assembly and division of each State Legislature in territorial constituencies.
• The Parliament is empowered to determine the authority and its manner.

• Reservation of seats for SCs & STs in assembly of each State Legislature based on their population ratios.
• Originally this reservation was for 10 years, but extended by 10 years thereafter continuously.
• 104th Constitutional Amendment: reservation extended for another 10 years till 2030.
• Note: SCs & STs reservation only in Lok Sabha and State Legislature Assemblies & not in Rajya Sabha and State Legi. Council.

• Normal term: 5 years (can be extended by parliament during national emergency under Article 352)
• Governor can dissolve at any time

STATE COUNCIL COMPOSITION & ELECTION PROCESS: KEY FEATURES

• Max strength: One third of total strength of assembly
• Min strength: 40
• Members are indirectly elected.
• The constitution has fixed the maximum and minimum limits but actual strength is fixed by Parliament.

• 1/3: by the members of the local bodies like municipalities, district board etc.
• 1/3: by members of Legi. Assembly.
• 1/12: by graduates of three years standing & residing in the State Legislature.
• 1/12: teachers of three years standing in the State Legislature, not lower in standard than secondary school.
• 1/6 NOMINATED by the Governor having knowledge & experience in Cooperative Movement, Literature, Arts, Social Service, Science (Mnemonic: CLASS)
• Members other than nominated are elected in accordance with the system of proportional representation by means of single transferable vote.

• Continuing chamber (permanent body)
• One third members retire on the expiration of every second year.
• Retiring members are eligible for re-election and re-nomination by the Governor.

1. Citizen of India
2. Make and subscribe to an oath or affirmation before the person authorized by the Election Commission.
3. Age: Not less than 30 years for Legi. Council
4. Not less than 25 years for Legi. Assembly.
5. Must possess other qualifications prescribed by the Parliament.

1. To be elected to the Legislative Council, he must be an elector for the assembly constituency in that state & to be nominated by the governor, must be a resident of that state.
2. To be elected to the Legislative Assembly, must be an elector for the assembly constituency in that state.
3. He must be a member of SC/ST if he wants to contest a seat reserved for them. However, SC/ST members can contest a seat not reserved for them.

1. If he holds office of profit (not defined under Consti. Or any law) under Union Govt or any State Legislature
2. Unsound mind and so declared by the court
3. Undischarged insolvent
4. Not citizen of India or voluntarily acquired the citizenship of other country
5. If disqualified under any law made by the Parliament.

Note: Governor’s decision is final on above disqualifications and governor should obtain the opinion of ECI

• Disqualified under the provisions of the 10th schedule of the Constitution.
• Note: Disqualification under 10th schedule is decided by the Chairman in case of Legi. Council & Speaker in case of Legi. Assembly.
• Kihota Hollohan vs. Zachillhu Case: SC said that decision of Chairman/Speaker is subject to judicial overview.

• Before taking a seat in any of the houses, a member has to make & subscribe an oath or affirmation before the Governor or some appointed by him for this purpose.
• Without taking oath, he cannot vote & participate in the proceedings of the house and no privileges & immunities are available.

• DOUBLE MEMBERSHIP: Cannot be a member of both the houses at same time. One seat becomes vacant as per the law made by State Legislature.
• DISQUALIFICATION: As per Constitution or RPA 1951 or Tenth Schedule.
• RESIGNATION: Resign letter to Chairman of Council or Speaker of Assembly as per the case.
• ABSENCE: If he is absent for 60 days without permission of the house.
• OTHER CASES: Election declared void by the court, expelled by the house, elected as President or VP, appointed as governor.

• Maintains order & decorum of assembly
• Final interpreter of Constitution, rules of procedure and conduct of business of assembly, legislative precedents within the assembly.
• Adjourns the assembly or suspends the meeting in the absence of quorum.
• Does not vote in the first instance. Vote in case of tie.
• Allows secret sitting of the house at the request of the leader of the house.
• Whether a bill is a money bill or not is decided by the speaker and his decision is final.
• Decides disqualification under Tenth Schedule.
• Appoints the chairman of all committees of the assembly. He himself is a chairman of the Business Advisory Committee, Rules Committee and General-Purpose Committee.

• Performs duties of speaker when it is vacant or speaker is absent from the sitting.

Panel of Chairmen:

• Members are nominated by the Speaker. Members of the Panel preside over sitting if both speaker & deputy speaker are absent from the sitting. He has the same powers of speaker while presiding.
• Note: Members of the Panel cannot preside over sitting if both seats of speaker & deputy speaker are vacant. In that case, the house must elect the speaker and deputy speaker.

• Performs duties of Chairman when it is vacant or Chairman is absent from the sitting.

• Members are nominated by the Chairman. Members of the Panel preside over sitting if both Chairman & Deputy Chairman are absent from the sitting. He has the same powers of Chairman while presiding.
• Note: Members of the Panel cannot preside over sitting if both seats of Chairman & Deputy Chairman are vacant. In that case, the house must elect the Chairman and Deputy Chairman.

• Governor summons from time to time.
• Max gaps between two sessions: not more than 6 months

• Suspend the work by sitting for a specified time which may be hours, days or weeks.
• Adjournment sine die à terminating a sitting for an indefinite time.
• Power to adjourn and adjournment sine die lie with the presiding officer of the house.

• After adjournment sine die, governor issues notification for prorogation. This means completion of the current session.

• Dissolution ends the life of the existing house.

Lapsing of bills on dissolution

• Bill pending in assembly lapses (whether originating in assembly or transmitted to it by the Council)
• Bill passed by assembly but pending in Council lapses

• Bill pending in Council but not passed by assembly does not lapse.
• Bills passed by assembly (unicameral) or both the houses (bicameral) but pending assent of governor or president does not lapse.
• Bill returned by the president for the consideration of the house does not lapse

• 10 members or one tenth of the total number of members of the house (including presiding officer) whichever is greater.
• If no quorum, presiding officer either adjourns or suspends the meeting until there is quorum.

• Simple majority for all matters.
• Special majority: Resolution for creation or abolition of Legi. Council
• Absolute Majority: Removal of speaker or chairman
• Speaker & chairman does not vote in first instance – casting vote

• Acc to Constitution: Language for transacting business in the State Legislature to be official languages of the State Legislature or Hindi or English.
• Presiding officer can permit the member to address the house in his mother tongue.
• The State Legislature is authorized to decide whether to continue or discontinue English as a floor language after completion of 15 years from the commencement of the Constitution.

• Every minister & Advocate General have the right to speak in either house or its committees without being entitled to vote.

• Can be introduced in either house and by minister or private member.
• The bill passes through- first reading, second reading, third reading.
• If a bill in second house passed by without any amendments then it is sent to Governor for his assent

Bill in second house

• Passes through 3 readings again. Four options available with Council:

1. Pass without amendments

2. Pass with amendments and return it to assembly for reconsideration.

3. Reject the bill altogether

4. May not take any action & keep it pending for 3 months.

• If passed without any amendments then sent to the governor for his assent.
• In the 2nd, 3rd & 4th option, assembly may pass the bill again and transmit it to Council again. If Council passes the bill with amendments not acceptable to the assembly or rejects the bill altogether or keeps pending for 1 month, then the bill is considered as passed by both the houses.
• Ultimate power to pass the law lies with the assembly and council can keep it pending for max 4 (3 + 1) months.
• The Constitution does not provide for joint sitting to resolve the disagreement over the bill.

Assent of Governor

• Governor has 4 alternatives:

1. Give assent to the bill

2. Withhold assent

3. Return the bill for the reconsideration of the house

4. Reserve the bill for the consideration of president

• If the governor gives the assent then the bill becomes law.
• If the governor withholds his assent, then the bill ends.
• If a bill returned by the Governor is again passed by the house with or without amendments then the governor must give his assent (Governor has only a suspensive veto).

• President has 3 alternatives:

1. Give assent to the bill

2. Withhold assent

3. Return the bill for the reconsideration of the house

• If the bill is returned by the President for reconsideration of the house then the house must reconsider it within 6 months. It is not mentioned in the Constitution whether it is obligatory on the President to give assent or not to such a reconsidered bill.

• Cannot be introduced in Council.
• Can only be introduced in the Assembly on the recommendation of the Governor.
• Can only be introduced by the minister as it is a government bill.

• After the Legislative Assembly passes the bill; it is transmitted to the Legislative Council for its consideration.
• The Legislative Council has restricted powers with regards to money bills.
• Council cannot reject or amend a money bill.
• Council can only make recommendations and must return the bill within 14 days.
• If the Assembly accepts the recommendations of Council, the bill is considered as passed in the modified form. If it rejects the recommendations then the bill is considered as passed in the original form. If the Council does not return the bill in 14 days, then the bill is considered as passed by both the houses in the original form.

• Give assent; Withhold assent; Reserve the bill for presidential assent; Governor cannot return the bill for the reconsideration of the house.

• If the money bill is reserved for consideration of the president, he can: Give assent; Withhold assent; President cannot return the bill for the reconsideration of the House.

• Introduction & passage of ordinary bills. But in case of disagreement, the will of assembly prevails over council.
• Approval of ordinances issued by Governor (A. 213).
• Selection of ministers including CM. But ministers are responsible only to assembly irrespective of their membership.
• Consideration of reports of constitutional bodies like State Finance Commission, CAG.
• Enlargement of the jurisdiction of the state public service commission.

• Money bill can only be introduced in the assembly, council cannot amend or reject the bill.
• The final power to decide whether the bill is a money bill or not is vested with the Speaker of Assembly.
• The final power of passing ordinary bills lies with the assembly. The council can delay the bill for a maximum of 4 months (3 + 1).
• The council can only discuss the budget but cannot vote on demands.
• The council cannot remove CoM by passing a no-confidence motion.
• If the ordinary bill originated in council is rejected by assembly, then the bill ends there.
• The council does not participate in the election of the president and representatives of the state in the Rajya Sabha.
• The council does not have effective say in the ratification of a constitutional amendment bill and will of assembly prevails over council.
• Existence of the council depends on the will of the assembly. The council can be abolished by the parliament on the recommendation of the assembly.

1. Right to publish reports, debates & proceedings and also the right to prohibit others from publishing the same.
2. It can exclude strangers from its proceedings and hold secret sittings to discuss important matters.
3. It can make rules to regulate its own procedure and the conduct of its business & to adjudicate upon such matters.
4. It can punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition or imprisonment.
5. It has the right to receive immediate information of arrest, detention, conviction, imprisonment and release of members.
6. It can institute inquiries and order the attendance of witnesses & send for relevant papers and records.
7. The courts are prohibited to inquire into the proceedings of the house or its committees.
8. No person (either a member or outsider) can be arrested and no legal process (civil/criminal) can be served within the precincts of the house without the permission of the presiding officer.

1. Members cannot be arrested during the session of the state legislature & 40 days after the end of such session. This privilege is available only in civil cases and not in criminal cases or preventive detention cases.
2. Members have freedom of speech in the state legislature. No member is liable to any proceedings in any court for anything said or any vote given by him in the state legislature or its committees.
3. Members are exempted from jury service. They can refuse to give evidence & appear as witnesses in a case pending in a court when the state legislature is in session.