14 - The State Legislature

The State Legislature

Vidhan Soudha, Karnataka



Constitution 

Uniform pattern of Government in all States



Based on Population 

Bigger States 

Bi-Cameral – Legislative Assembly and Legislative Council Bihar, Maharashtra, Jammu and Kashmir



Karnataka,

Uttar

Pradesh,

Smaller States 

Uni-Cameral – Legislative Assembly Remaining states



Creation and abolition of Second Chamber 

No Constitution amendment is required



2/3 majority sufficient

resolution

of

Legislative

Assembly

Eg. Andra Pradesh 

1957 – Created



1985 – Abolished 1



Composition of Legislative Council: 

Dependent on size of Legislative Assembly



1/3 the number of Legislative Assembly but not to exceed 40 







Not to get pre-dominance over Legislative Assembly

Partly nominated, partly elected, that is, 

1/6 by Governor having expertise in the field of literature, science, art, social service, co-operative movement



5/6 by Indirect Election 

1/3 by Local Bodies – Municipalities, District Boards



1/12 by Graduates



1/12 by Teachers



1/3 by members of Legislative Assembly

Composition of Legislative Assembly 

Direct Election



Adult Suffrage



Territorial Constituencies / Population



Not more than 500 but not less than 60



Governor to nominate one member from Anglo Indian Community – ceases after 50 years of Independence

Duration of Legislative Assembly 

5 years 2







Dissolved earlier to 5 years by Governor



Extended by one year in case of Proclamation of Emergency



Speaker and Deputy Speaker

Duration of Legislative Council 

Permanent Body



1/3 to retire every 2 years

Qualification of Members 1)

Citizen of India

2)

Age

3)





Legislative Assembly – 25 years



Legislative Council – 30 years

Other qualifications as prescribed by Law

Disqualifications 1)

Holds office of profit under Government

2)

Unsound mind as declared by Competent Court

3)

Undischarged insolvency

4)

Not a citizen of India

5)



Acquired citizenship of another country



Acknowledgement Foreign State

of

allegiance

or

adherence

to

Disqualified by any Law of Parliament 

Representation of The People Act, 1951 

Conviction by Court



Guilty of corrupt or illegal practise in election 3







Managing Director or Government Corporation

Managing

Agent

of

Opinion of Election Commission to Governor and his Decision final

Legislative Procedure in State having Bi-Cameral System compared with Parliament 

Broadly similar except: I.

As regards Money Bills 

Same Position



Therefore no deadlock

II. As regards Bill other than Money Bills 

Advisory 





not necessary to follow

Dilatory 

can keep it for three months in first round



can keep it for one month in second round



No provision for Joint Sitting



Sent to Governor for assent



Applies to Bills originating in Legislative Assembly and not to Legislative Council



Bill originating in Legislative Legislative Assembly lapses

Council

not

passed

by

Utility of Second Chamber in a State 

Legislative Council considered as surplusage 1)

Composition weak – partly elected, partly nominated, representing various interests 4





2)

Existence depends on will of Legislative Assembly Legislative Assembly can pass resolution to abolish it

3)

Council of Ministers responsible only to Legislative Assembly

4)

No say in Money recommendations

5)

Ordinary Bills - Legislative Assembly has more power

Bill

–



Not even revising body like in Union



Only a check on hasty legislation

14

days

and

only

Governor’s Power of Veto: 1)

Give assent to Bill then becomes Law

2)

Withholds assent – Bill does not become Law

3)

Return Bill with message – Except Money Bill

4)

Reserve Bill for consideration by President – Compulsory where Bill would derogate powers of High Court granted by Constitution

Ordinance-Making Power of Governor (Article 213) 1)

When Legislature or Both Houses not in session

2)

Not a discretionary power, to be exercised with advice of Ministers

3)

To be laid before State Legislature on re-assembly – enforceable for 6 months after reassembly unless disapproved earlier

4)

Competent to withdraw ordinance at any time

5)

Ordinance power co-extensive with legislative power - List II and II of Sch. VII



Ordinance making power subject to previous sanction of President in following cases: 5



a)

Prior sanction of President required to pass such legislation

b)

Governor requires it to be reserved for consideration of President

c)

Assent of President required

Privileges of State Legislature 

Similar to Union Parliament



As laid down by decisions of Supreme Court: 1)

Both Houses have power to punish for breach of its privileges or contempt

2)

Sole privilege to judge above and no court has jurisdiction to question this

3)

No power to create new privileges – Court has power to determine whether they possess a particular privilege

4)

Habeas Corpus lies against sentence of House

5)

Court cannot interfere with an erroneous decision of House or its Speaker in respect of breach of its privileges

6