The procedures of the State Legislature, including summoning, adjournment, prorogation, and dissolution, are essential for its smooth functioning. These processes ensure that legislative sessions are held regularly and orderly. Understanding these procedures is crucial for maintaining effective governance and transparency in the state’s legislative activities.
Procedures and Powers of the State Legislature
Summoning: As per Article 174, the Governor occasionally summons each House of State legislature to meet at places and at such times that he/ she thinks fit or appropriate.
- The maximum gap between the two sessions of the state legislature cannot be more than six months, i.e., the state legislature should meet at least twice a year.
- A session of the state legislature consists of many sittings.
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- Adjournment: An adjournment suspends the work in a sitting for a specified time which may be hours, days or weeks.
- Adjournment Sine Die: means terminating a sitting of the state legislature for an indefinite period.
- The power of the adjournment as well as adjournment sine die lies with the presiding officer of the House.
- Prorogation: The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of the session is completed.
- Within the next few days, the Governor issues a notification for prorogation of the session.
- However, the Governor can also prorogate the House which is in session.
- Unlike an adjournment, a prorogation terminates a session of the House.
- Dissolution: The legislative council is a permanent house, and is not subject to dissolution.
- Only the legislative assembly is subject to dissolution.
- Unlike a prorogation, a dissolution ends the very life of the existing House, and a new House is constituted after the general elections.
Difference Between Prorogation and Dissolution
| Aspect | Prorogation | Dissolution |
| Definition | Termination of a session of the House by the Governor | Termination of the life of the House, necessitating new elections |
| Authority | Governor (on the advice of the Chief Minister) | Governor (usually on the advice of the Chief Minister) |
| Effect | Ends a session but does not end the tenure of the House | Ends the tenure of the House, leading to general elections |
| Frequency | Can happen multiple times during the life of the House | Happens once at the end of the House’s tenure or earlier if necessary |
| Legislative Business | Bills and other business can be carried over to the next session | Bills pending in the Assembly lapse (some exceptions apply) |
| Impact on Members | Members retain their positions; no new elections required | Members cease to hold their positions; new elections are conducted |
| Reassembly | House can be summoned again for a new session | New House is constituted after general elections |
- Position of Bills Pending for Enactment on the Dissolution of the Assembly: The position of bills pending for its enactment faces the following actions on the dissolution of the assembly:
| Bill Status | Action on Dissolution of Assembly |
| Bill pending in the assembly, whether originating in the assembly or transmitted to it by the council | Lapse |
| Bill passed by the assembly but is pending in the council | Lapse |
| Bill pending in the council but not passed by the assembly | Does not lapse |
| Bills passed by the assembly (in a unicameral state) or passed by both houses (in a bicameral state) but pending assent of the Governor or the President | Does not lapse |
| Bill passed by the assembly (in a unicameral state) or passed by both houses (in a bicameral state) but returned by the President for reconsideration of House(s) | Does not lapse |
- Quorum: It is the minimum number of members required to be present in the House before it can transact any business.
- It is ten members or one-tenth of the total number of members of the House (including the presiding officer), whichever is greater.
- If there is no quorum during a meeting of the House, it is the duty of the presiding officer either to adjourn the House or to suspend the meeting until there is a quorum.
- Voting in House: All matters at any sitting of either House are decided by a majority of votes of the members present and voting excluding the presiding officer.
- Only a few matters like removal of the speaker of the assembly, removal of the Chairman of the council and so on require special majority, not ordinary majority.
- The presiding officer (i.e., Speaker in the case of assembly or chairman in the case of council or the person acting as such) does not vote in the first instance, but exercises a casting vote in the case of an equality of votes.
- Language in the State Legislature: All the proceedings in the State Legislature like the law-making process should be in the official language or in the language of the state or in Hindi or in English.
- It is given in Article 210 of the Indian Constitution.
- However, the presiding officer can permit a member to address the House in his mother-tongue.
- Rights of Ministers and Advocate General: Every minister and the advocate general of the state have the right to speak and take part in the proceedings of either House or any of its committees of which he is named a member, without being entitled to vote.
- There are two reasons underlying this Constitutional provision:
- A minister can participate in the proceedings of a House, of which he is not a member.
- A minister, who is not a member of either House, can participate in the proceedings of both the Houses.
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Conclusion
Grasping the procedural aspects of the State Legislature is key to ensuring structured debates and decision-making.
- These processes uphold the democratic framework and promote efficient governance at the state level.
- Proper adherence to these procedures is vital for maintaining order and transparency in legislative proceedings.
| Related Articles | |
| State Legislature in India | Governors in India’s State Governments |
| Types of Majorities in Parliamentary Decision-Making | Features of Indian Constitution |
