Union And State Legislature.docx

UNION AND STATE LEGISLATURE

The Government of India is the union government made by the constitution of India as the legislative, executive and judicial authority of the union of 29 states and 7 union territories of a constitutionally democratic republic. The powers of legislature in India are practiced by the Parliament. Since 1919, the central legislature has a bi-camera body consisting of the Rajya Sabha and the Lok Sabha, as per the Government of India Act 1919.Article 79 of the constitution of India provided for Parliament consisting of the President, Lok Sabha and Rajya Sabha. Of the two houses of Parliament, the Rajya Sabha is considered as the upper house or the Council of States and comprises of members appointed by the president and elected by the state and territorial legislature. The Lok Sabha is viewed as the lower house or the House of the people. The President is not a member of either House of Parliament and does not attend its meeting. He is an integral part of the Parliament. This is because a bill is passed by both house of Parliament cannot become a law without the president assent. The Parliament does not have complete control and power, as its laws are subject to judicial survey by the Supreme Court. However, it exercises some authority over the executive. The members from the cabinet, including the prime minister, are either chosen from Parliament or elected thereto within 6 months. The cabinet is responsible to the Lok Sabha. The Lok Sabha is a temporary house and can be dissolved when the party in power loses the support of the house. The Rajya Sabha can never be dissolved as it is permanent house. The members of the Rajya Sabha are chosen for a six-year term. The constitution under Article 83 lays down the following qualifications for a person to be chosen a member of the Union Legislature- He must be a citizen of India;Not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in case of the Lok Sabha; A voter for any Parliamentary constituency in India, but in the case of the Rajya Sabha candidate must be registered as an elector in the State or Union Territory from where he is to be chosen.

The State Legislature occupies central position in the political system of a state. Article 168-212 in part VI of the constitution deals with Organization, Composition, duration, officers, procedures, privileges, powers, and so on of the state legislature. There is no uniformity in the organization of state legislatures. The legislative council or the Vidhan Parishad is the upper house (second chamber or house of elders), while the legislative assembly or the Vidhan Sabhais the lower house (first chamber or popular house). The 22 states have unicameral system. The state legislature consists of the legislative assembly and the Governor. In the state having bicameral system, the state legislature consists of the governor, the legislative council and the legislative assembly. The legislative assembly consists of representatives directly elected by the people (by universal adult franchise). Maximum strength of legislative assembly is fixed at 500 and minimum strength at 60. One member from the Anglo-Indian community can be nominated by the governor, if the community is not adequately represented in the assembly. The minimum strength is fixed at 40and the maximum strength of the council is fixed at one third of the total strength of the assembly. Like LokSabha, the legislative assembly is not a continuing chamber. Its normal term is five years from the date of its first meeting after the general election. The legislative council is a continuing chamber, i.e. a permanent body andit is not subject to dissolution. But one third of its members retire on the expiration of every 2nd year. So, a member continues for six years. The constitution under Article 173 lays down the following qualifications for a person to be chosen a member of the Statelegislature: a citizen of India; He must make and subscribe to an oath or affirmation before the person authorized by the election commission for this purpose; he must not be less than 30 years of age in the case of the legislative council and not less than 25 years of age in the case of the legislative assembly; he must possess other qualifications prescribes by the Parliament.