State Legislature in India: Structure, Functions, and Legislative Process

State Legislature: Key Insights for UPSC Preparation

To prepare for INDIAN POLITY for any competitive exam, aspirants have to know about the State Legislature. It gives an idea of all the important topics for the IAS Exam and the polity syllabus (GS-II.). This is an essential portion of the polity. As IAS aspirants, you should be thorough with the State Legislature. In this article, you can read all about the State Legislature for the Polity and Governance segments of the UPSC syllabus.

State Legislature Structure: Unicameralism vs. Bicameralism

• Though a uniform pattern of government is prescribed for the states, the Constitution makes a distinction between the bigger and the smaller States.

Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the state legislature

1. State legislature occupies a preeminent and central position in the political system of state.
2. There is no uniformity in the organisation of state legislatures – a mix of Unicameralism and Bicameralism.
3. States having unicameral system (22 states) the State Legislature consist of the –
   • Governor
   • Legislative Assembly
4. States having bicameral system (Six states) the State Legislature consist of the –

• • Governor
  • Legislative Assembly
  • Legislative Council

• The Legislative Council (Vidhan Parishad) is the upper house (second chamber or house of elders), while the Legislative Assembly (Vidhan Sabha) is the lower house (first chamber or popular house).

• Parliament can abolish a Legislative Council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution by a Special Majority to that effect.
• This Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Art. 368 and is passed like an ordinary piece of legislation (by Simple Majority).
• Such resolution needs special majority in the Legislative Assembly and simple majority in PARLIAMENT

Comparative Analysis of State Legislature: Legislative Council vs. Legislative Assembly

State Legislative Assembly Composition

• The legislative assembly consists of representatives directly elected by the people on the basis of universal adult franchise.
• Minimum and maximum strength of the State legislative assembly is 60 and 500 respectively.

• Nominated Member – The Governor nominates one member from the Anglo-Indian community, if the community is not adequately represented in the assembly. However, with the passage of the Constitution (126th Amendment) Bill does away with the provision for nomination of Anglo Indians to Lok Sabha and some State Assembly.
• The Constitution provided for the reservation of seats for scheduled castes and scheduled tribes in the assembly of each state on the basis of population ratios.

Territorial Constituencies in State Legislature

• The Demarcation of Constituencies is done in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the state.
• The Constitution ensures that there is uniformity of Representation between different constituencies in the state.

Readjustment in State Legislature: Adapting Seat Allocation and Constituency Boundaries Post-Census

• After each census, a readjustment is to be made in the –
  • total number of seats in the assembly of each state
  • the division of each state into territorial constituencies.

The Parliament is empowered to determine the authority and the manner in which it is to be made.

• Accordingly, Parliament has enacted the Delimitation Commission Acts in 1952, 1962, 1972 and 2002 for this purpose.
• 42nd Amendment Act of (1976) – had frozen the total number of seats in the assembly of each state and the division of such states into territorial constituencies till the year 2000 at the 1971 level.
• 84th Amendment Act of 2001 – ban on readjustment has been extended for another year (upto year 2026) with the objective of encouraging population limiting measures.
• 87th Amendment Act of 2003 – provided for the delimitation of constituencies on the basis of 2001 census

Composition of State Legislative Council

• Strength of the legislative council is minimum of 40 to maximum of one third that of the legislative assembly.
• This arrangement ensures the predominance of the directly elected House (assembly) in the legislative affairs of the state.
• The constitution has fixed the maximum and minimum limits but actual strength is fixed by Parliament.
• Of the total number of members of a legislative council –

Duration and Tenure in State Legislature

Qualifications for Membership in State Legislature

Disqualification Criteria for State Legislature Members

What is the role of the tenth schedule in State Legislatures regarding Anti-Defection Laws?

The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act.

It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.

The decision on question as to disqualification on ground of defection is referred to the Chairman or the Speaker of such House, and his decision is final.

The law applies to both Parliament and state assemblies.

State Government Ministerial Oaths

• Article 164(3) states that before a Minister enters upon his office, the GOVERNOR shall administer to him the oaths of office and of secrecy according to the forms set out in the Third Schedule.

State Legislature Members’ Salaries and Allowances

• Members of a state legislature are entitled to receive such salaries and allowances as may from time to time be determined by the state legislature.

Vacating Seats in State Legislatures

In the following cases, a member of the state legislature vacates his seat:

Each House of state legislature has its own presiding officer.

1.PRESIDING OFFICERS

i) Legislative Assembly

a)Speaker

b)Deputy Speaker

ii)Legislative Council

a)Chairperson

b)Deputy Chairman

Role and Tenure of the Speaker in the Legislative Assembly

• The Speaker and a Deputy Speaker are presiding officers for the Legislative Assembly.
• The Speaker is elected by the assembly itself from amongst its members.
• Remains in office during the life of the assembly.

Role and Authority of the Speaker in the State Legislative Assembly

• The speaker does not take part in the debate and usually does not vote, except in case of tie.
• He maintains order and decorum in the assembly for conducting its business and regulating its proceedings.
• Speaker can exercise a casting vote in the case of a tie.
• He may adjourn or suspend the sitting of the House if a quorum is not there, or to restore discipline.
• He may even suspend or expel members of the House for unruly behaviour.
• He decides the questions of disqualification of a member of the assembly, arising on the ground of defection under the provisions of the Tenth Schedule
• He appoints the chairpersons of all the committees of the assembly and supervises their functioning.

• He decides whether a Bill is a Money Bill or not and his decision cannot be challenged in the court of law.

Autonomy and Impartiality of the Speaker in the State Legislative Assembly

• Power of the speaker under Schedule 10 should be withdrawn and endow Election commission with the same.
• Ideally he should resign from his party after his appointment as Speaker – Following British practice
• The speaker should be given a second tenure and his constituency should go uncontested
• No appointment of speakers to political positions after retirement.
• Political parties must not consider speakers’ posts as a gift they can offer indiscriminately to any senior party leader.

Role and Responsibilities of the Deputy Speaker in the State Legislative Assembly

• The Deputy Speaker is also elected by the assembly itself from amongst its members.
• He is elected after the election of the Speaker has taken place.
• The Deputy Speaker performs the duties of the Speaker’s office when it is vacant or absent from the sitting of assembly.
• In both the cases, he has all the powers of the Speaker.

• The Speaker nominates from amongst the members a panel of chairman. Any one of them can preside over the assembly in the absence of the Speaker or the Deputy Speaker.

Role and Functions of the Chairman in the State Legislative Council

• Chairman and a Deputy Chairman are presiding officers for the Legislative Council.
• The Chairman is elected by the council itself from amongst its members.
• The business of the legislative council is conducted by the Chairman. He presides over the meetings and maintains discipline and order in the House.
• As a presiding officer, the powers and functions of the Chairman in the council are similar to those of the Speaker in the assembly.

The Speaker has one special power which is not enjoyed by the Chairman. The Speaker decides whether a bill is a Money Bill or not and his decision on this question is final.

Deputy Chairman’s Role in the State Legislative Council

• The Deputy Chairman is also elected by the council itself from amongst its members.

• The Deputy Chairman performs the duties of the Chairman’s office when it is vacant or absent. In both the cases, he has all the powers of the Chairman.
• The Chairman nominates from amongst the members a panel of vice-chairman. Any one of them can preside over the council in the absence of the Chairman or the Deputy Chairman.
• He has the same powers as the chairman when so presiding. He holds office until a new panel of vice-chairman is nominated.

Procedures and Dynamics of State Legislature Sessions

1. SUMMONING

• It means that the members of the legislature have to be present for conducting the business of the legislature.
• The Governor of State summons the two Houses of the legislature which has to meet at least twice a year.

2. ADJOURNMENT

• The presiding officer of the House suspends the sitting of the house for a specified time that may be hours, days or weeks.
• If the meeting is postponed for an indefinite time without stating a fixed time for the next meeting, it is called Adjournment sine die.

 3. PROROGATION

• It means the session of the House has been terminated by an order made by the Governor after the presiding officer declares the House adjourns sine die.
• The Governor can also prorogate the House in session.
• Prorogation terminates both the sitting and session of the House whereas adjournment just postpones a sitting.
• The time between the Prorogation and Reassembly of the Houses is called Recess.

4. DISSOLUTION

• Legislative Council is a permanent house, therefore the term dissolution is used in the context of Legislative assembly.
• Legislative assembly gets dissolved at the completion of the term of 5 years from the date appointed for its first meeting.
• The outgoing State Cabinet recommends the Governor to dissolve the Legislative assembly to pave the way for the newly constituted Legislative assembly after the general election
• Another manner in which the Legislative assembly gets dissolved is when the ruling party loses the majority.
• In that case, the Council of Ministers must resign and the prerogative to dissolve the Legislative assembly is transferred to the Governor.
• He may ask other parties to prove their majority, failing which fresh elections need to be held.

Quorum in State Legislature: Requirements and Implications

• Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or one-tenth of the total number of members of the House, whichever is greater.
• The Presiding officer adjourns or suspends the meeting until there is a quorum.

Language Policies in State Legislatures: Official Languages and Provisions

• The Constitution has declared the official language(s) of the state, Hindi or English, to be the languages for transacting business in the state legislature.
• However, the presiding officer can permit a member to address the House in his mother-tongue.
• The state legislature is authorised to decide whether to continue or discontinue English as a floor language after the completion of fifteen years from the commencement of the Constitution (i.e., from 1965).
• In the case of Himachal Pradesh, Manipur, Meghalaya and Tripura, this time limit is twenty-five years and that of Arunachal Pradesh, Goa and Mizoram, it is forty years.

Participation Rights of Ministers and Advocate General in State Legislature Proceedings

• 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.
• 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

Voting Procedures and Special Majority Requirements in State Legislature Sessions

• 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.
• Matters which are specifically mentioned in the Constitution 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 Speaker exercises a casting vote in the case of an equality of votes.

Legislative Procedures: Passage of Ordinary Bills in State Legislature

ORDINARY BILL

1. BILL IN THE ORIGINATING HOUSE

• A bill follows the same legislative procedure as in the Centre
• Can be introduced by a minister or any other member in the Legislative Assembly in case of the unicameral legislature or either house in case of a bicameral legislature.
• In case of the bicameral legislature -Transfer to the other house after being passed by the house in which the bill originated.

2. BILL IN THE SECOND HOUSE

• The Legislative Assembly can pass the bill with or without recommendations suggested by the legislative procedure council.
• The legislative council can reject the bill or keep the bill for three months without taking any action.
• But if the Legislative Assembly passes the bill again and transfers it to the Council, the council can keep the bill for one month again, not passing it, rejecting it or passing it with amendments not acceptable or acceptable to the Legislative Assembly.
• In all of the cases mentioned above, the Legislative Assembly will pass the bill after the expiry of one month.
• There is no provision of joint sitting in the state legislature.

Assent of the Governor: Legislative Bill Approval Process in State Legislature

ARTICLE 201: Presidential Assent for Reserved Bills in State Legislature

• Assent of the President in case a bill is reserved by the Governor.
• The President may assent, withhold his assent or return the bill for reconsideration.
• When a bill is returned, the House or Houses have to reconsider it within a period of six months.
• The bill is presented again to the presidential assent after it is passed by the House or Houses with or without amendments.
• It is not mentioned in the Constitution whether it is obligatory on the part of the president to give his assent to such a bill or not.

Article 199: Legislative Process for Money Bills in State Legislature

• No money bill can be introduced without the governor’s recommendation.
• Such a bill is a government bill and can be introduced only by a minister.
• It can be introduced only in legislative assembly.
• The bill if passed goes to the legislative council, the council can only discuss it and make recommendations.
• It has to return the bill with or without recommendations within 14 days.
• The assembly may reject or accept such recommendations.
• The bill is then given to the Governor for assent. The Governor may give or withhold it or send it for the President’s consideration.
• President too may give or withhold assent.
• But neither the Governor nor President can return the bill for reconsideration.

Privileges of State Legislature: Collective and Individual Rights

Privileges of a state legislature are a sum of special rights, immunities and exemptions enjoyed by the Houses of state legislature, their committees and their members.

1. COLLECTIVE PRIVILEGES

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

 2. INDIVIDUAL PRIVILEGES

• They cannot be arrested (not applicable in criminal cases) during the session of the state legislature and 40 days before the beginning and 40 days after the end of such a session.
• They 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.
• They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when the state legislature is in session.

Comparative Analysis of Parliament vs. State Legislature in India

Removal of Reservation for Anglo-Indians in Legislative Bodies: Implications and Rationale

• The Constitution (126th Amendment) Bill passed by the Parliament effectively does away with reservation for Anglo-Indian members in Lok Sabha, Assemblies.
• Anglo-Indians were provided two nominated seats in the Lok Sabha and one nominated seat in the State Legislative Assemblies to ensure adequate representation of the community in elected legislative bodies.
• Anglo-Indians constitute a religious, social, as well as a linguistic minority.Being numerically an extremely small community, and being interspersed all over India, the Anglo-Indians were provided reservations in legislative bodies.
• The reservation for the Anglo-Indian community was extended till the year 2020 through the 95thAmendment, 2009. Originally, this provision was to operate till 1960.

Odisha Government Plans to Establish Legislative Council

• The Odisha government is expected to introduce a Bill in the Odisha Assembly for the creation of a Vidhan Parishad or Legislative Council (LC), a second House of legislature.
• The State Cabinet has approved a 49-member Legislative Council, accepting the report of a committee set up in 2015 to study the functioning of the second chamber in other States and make recommendations.
• The committee recommended that Members of the Legislative Council’s (MLC) salary should be the same as the Members of the Legislative Assembly (MLAs).
• According to it, like the MLAs, the MLCs too should be entitled to Local Area Development (LAD) funds and they should be given the opportunity to become ministers.
• Currently, six states have Legislative Councils– Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh.
• Proposals to create Councils in Rajasthan and Assam are pending in Parliament.
• While the parliamentary committee that looked into these Bills cleared the proposals, it struck a cautionary note.
• It wanted a national policy on having an Upper House in State legislatures to be framed by the Union government, so that a subsequent government doesn’t abolish it.
• It also favoured a review of the provision in the law for Councils to have seats for graduates and teachers.

Advantages of Establishing Legislative Councils in State Assemblies

• A second House can help check hasty actions by the directly elected House, and also enable non-elected individuals to contribute to the legislative process.
• It provides a forum for academicians and intellectuals, who are arguably not suited for the rough and tumble of electoral politics.
• It provides a mechanism for a more sober and considered appraisal of legislation that a State may pass.
• Other arguments cited in favour of Legislative Councils range from their track record of sincere work, relevant amendments brought, non-confrontational attitude vis-à-vis legislative assembly, decorum and restraint in proceedings and drawing attention of both government and public to matters of public interest.

Drawbacks of Establishing Legislative Councils in State Assemblies

• A Legislative Council can be used to delay legislation.
• The forum is likely to be used to accommodate party functionaries who fail to get elected
• It can also be an unnecessary drain on the exchequer.
• Moreover, graduates are no longer a rarity; also, with dipping educational standards, a graduate degree is no guarantee of any real intellectual heft.

Role and Significance of the Whip in Indian Politics

• Every Political Party has its own whip, who is appointed by the party to serve as an assistant floor leader.
• He has the responsibility of ensuring the attendance of his party members in large numbers and securing their support in favour of or against a particular issue.
• He communicates the decision of the party leader to the members and the opinion of the party members to the party leader.
• The members are supposed to follow the directives given by the Whip. Failing to do so can invite disciplinary actions like disqualification from party membership or expulsion under the Anti-Defection Law.
• The office of Whip, in India, is mentioned neither in the Constitution nor in the rules of the house, nor in the Parliamentary statutes.
• It is based on the conventions of the Parliamentary government. In India, the concept of the whip was inherited from colonial British rule.

• Stability of Government: It may be possible that all the members of parliament, irrespective of their party affiliation, may hold different views (even different from the one held by their respective party leadership). In such a case, s/he might deviate from the party view/stand in times of voting.
• Ensuring Attendance in Parliament for widespread discussion on important issues.

Whip’s Vital Role in Ensuring Parliamentary Stability and Attendance

Challenges and Criticisms of the Whip System in Parliamentary Governance

• Against Constitutional Philosophy
• Force Consensus
• Undermine Participatory Governance
• Restrained Internal Democracy of the Political Party
• Dictatorial Power

Controversy Surrounding Office of Profit: Disqualification of Delhi MLAs

• Recently, 20 MLAs in Delhi were disqualified by the President for holding Office of profit.
• In 2015, Delhi government appointed some of its legislators as Parliamentary secretaries.
• It was followed by amendments to Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997, with retrospective effect to exempt the post of parliamentary secretary from the definition of the “office of profit”.
• However, Lt. Governor’s assent to the amendment bill was not given, requiring the disqualification of the MLAs.

Concept of Office of Profit in Indian Politics

• Articles 102(1) a and 191 (1) a mention disqualifications on the basis of Office of Profit but it is neither defined in the constitution nor under Representation of People’s Act.

Role and Controversies Surrounding Parliamentary Secretaries in Indian Politics

• S/he is a member of the parliament who assists a more senior minister with his or her duties.
• They often hold the rank of Minister of State and have the same entitlements and are assigned to a government department.
• Manipur, HP, Mizoram, Assam, Rajasthan, Punjab, Goa are some of the states where MLAs have been appointed Parliament Secretaries by the Government.
• However, various petitions in the High Court have challenged the appointment of Parliament Secretary.
• In June 2015, Calcutta HC quashed appointment of 24 Parliamentary Secretaries in West Bengal dubbing it
• Similar actions were taken by the Bombay High Court, Himachal Pradesh High Court, Delhi High Court etc.

Is the Delhi Government Making a Renewed Push for Full Statehood?

The Delhi government has decided to give another push to its demand for full statehood to Delhi with a public campaign.

Special Provisions for Delhi: Legislative Evolution and Governance Framework

• The 69th Constitutional Amendment Act of 1991 provided a special status to the Union Territory of Delhi, and re-designated it as the National Capital Territory of Delhi and designated the administrator of Delhi as the Lieutenant governor (LG).
• It created a legislative assembly and a council of ministers for Delhi. Previously, Delhi had a metropolitan council and an executive council.
• The strength of the assembly is fixed at 70 members, directly elected by the people. The elections are conducted by the Election Commission of India.
• The strength of the council of ministers is fixed at ten per cent of the total strength of the assembly (i.e. seven)

Comparative Analysis of Delhi Government Structure versus State Government

• The chief minister is appointed by the President (not by the LG). The other ministers are appointed by the president on the advice of the chief minister.
• The ministers hold office during the pleasure of the President.
• The Assembly can make laws on all the matters of the state list and concurrent list except three matters of the state list – public order, police and land. But laws of Parliament prevail over those made by the assembly.
• In case of difference of opinion between the LG and the ministers, LG needs to refer the matter to the President for decision and act

Delhi’s Legislative Setup Compared to Other Union Territories

• Only Delhi and Puducherry have a legislative assembly and council of ministers headed by a. Therefore, the Administrators of these two UTs are meant to act upon the aid and advice of the Chief Minister and his Council of Ministers.
• Delhi is the only UT with High Court of its

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