STATE LEGISLATURE – ARTICLE 168-212 (PART VI-STATE)

STATE LEGISLATURE – ARTICLE 168-212 (PART VI-STATE)

 

 

BACKGROUND
  • 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 – mix pattern of Unicameralism and Bicameralism.
  3. States having unicameral system (22 states) the State Legislature consist of the –
    1. Governor
    2. Legislative Assembly

4.States having bicameral system (Six states) the State Legislature consist of the –

    1. Governor
    2. Legislative Assembly
    3. Legislative Council
States (Six) with bicameral Legislatures
1Andhra Pradesh
2Telangana
3Bihar
4Karnataka
5Maharashtra
6Uttar Pradesh
The Jammu and Kashmir Legislative Council was abolished by the Jammu and Kashmir Reorganisation Act, 2019.
  • 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).

 

ABOLITION & CREATION OF SLC (ART. 169)
  • 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

 

POSITION OF LEGISLATIVE COUNCIL
EqualUnequal
●        Introduction & passage of Ordinary Bills. In case of disengagement the will of assembly prevails over the council.

●        Approval of ordinances issued by the Governor.

●        Selection of Ministers including CM.

●        Consideration of Reports of the Constitutional Bodies eg –SFC, SPSC, CAG, etc.

●        Expansion of jurisdiction of SPSC.

●        Regarding Money Bill –

1.       Only introduced in the Assembly.

2.       Final call to decide a Money Bill reserve on Assembly Speaker.

3.       Council has no right to amend or reject the Money Bill.

4.       The Council should return the bill with or without recommendation within 14 days.

5.       Assembly can either accept or reject the recommendation.

●        The final power of passing an Ordinary Bill lies with the Assembly. Council can delay for a maximum of 4 month. Council is only an advisory body.

●        Council does not participate in the election of President and State Representatives of Rajya Sabha.

●        Council has no effective say in the ratification of a Constitutional Amendment Bill.

●        The very existence of Council depends on the will of the Assembly.

 

COMPOSITION OF LEGISLATIVE ASSEMBLY
  • 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.
Minimum strength fixed for:
Arunachal Pradesh, Sikkim and Goa30 members
Mizoram40
Nagaland46
Some members of the legislative assemblies in Sikkim and Nagaland are also elected indirectly.

 

  • 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 for legislative assembly

  • 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 after each census

  • After each census, a readjustment is to be made in the –
    1. total number of seats in the assembly of each state
    2. 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 state 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 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 –
Members are elected by legislative assembly members1/3

 

Members elected from local bodies1/3
Members elected by graduates of three years standing and residing in state1/12
Members elected by teachers of three years standing and not lower in standard than secondary school1/12
Members nominated by governor1/6
5/6 of the total number of members of a legislative council are indirectly elected and 1/6 are nominated by the governor.
This scheme of composition of a legislative council as laid down in the Constitution is tentative and not final. The Parliament is authorised to modify or replace the same.

 

DURATION
Legislative AssemblyLegislative Council
Normal term is 5 years from the date of first sessionThe legislative council is a permanent body.

 

However Governor can dissolve it anytime.One third members retire every two years and vacancy is filled at beginning of third year
During emergency its term can be extended by one year at a time. But not beyond a period of 6 months after emergency is revoked.Term of each member is 6 years. A member can be re-elected or re nominated any number of times

 

 

MEMBERSHIP OF STATE LEGISLATURE
Qualifications under Constitution
1Must be a citizen of India
225 years or above for Legislative Assembly
330 or above for Legislative Council
4Possess such other qualifications as may be prescribed by the Parliament.
Additional Qualifications under RPA (1951)
1A person to be elected to the legislative council must be an elector for an assembly constituency in the concerned state and to be qualified for the governor’s nomination, he must be a resident in the concerned state.
2A person to be elected to the legislative assembly must be an elector for an assembly constituency in the concerned state
3He must be a member of a SC or ST if he wants to contest a seat reserved for them. However, a member of SC or ST can also contest a seat not reserved for them.

 

DISQUALIFICATION – STATE LEGISLATURE
Under the provisions of the Constitution
1Holds an office of profit under GOI or any State Government, other than that of a Minister at the centre or any state or an office declared by a law of the State (except any exemption made by certain states)
2Mentally unsound as declared by a competent Court
3An undischarged insolvent
4Not an Indian citizen or has voluntarily got the citizenship of a foreign State or is under any acknowledgement of adherence/allegiance to a foreign nation
5Disqualified under any law made by Parliament
Disqualification under Representation of Peoples Act, 1951
1He must not have been found guilty of certain election offences or corrupt practices in the elections
2He must not have been convicted for any offence resulting in imprisonment for two or more years. The detention of a person under a preventive detention law is not a disqualification.
3He must not have failed to lodge an account of his election expenses within the time
4He must not have any interest in government contracts, works or services
5He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.
6He must not have been dismissed from government service for corruption or disloyalty to the state.
7He must not have been convicted for promoting enmity between different groups or for the offence of bribery
8He must not have been punished for preaching and practicing social crimes such as untouchability, dowry and sati
9Section 8 (3) of the Act states that if an MP or MLA is convicted for any other crime and is sent to jail for 2 years or more, he/ she will be disqualified for 6 years from the time of release.
Ruling Of Supreme Court Regarding Section 8(4)- RPA
§  Section 8(4) allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within 3 months of the date of judgment by the trial court

§  The Supreme Court in July 2013 struck down section 8(4) of the RPA, 1951 and declared it ultra vires and held that the disqualification takes place from the date of conviction.

Disqualification on ground of Defection
1A person shall be disqualified for being a member of either House of state legislature if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule.

 

The question of disqualification under the Tenth Schedule is decided by the Chairman, in the case of legislative council and Speaker, in the case of legislative assembly (and not by the Governor).
The Supreme Court in 1992 ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review.

 

ANTI-DEFECTION

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.

 

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

 

SALARY 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.

 

VACATION OF SEATS

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

Double MembershipA person cannot be a member of both Houses of state legislature at one and the same time
DisqualificationIf a member of the state legislature becomes subject to any of the disqualifications, his seat becomes vacant.
ResignationA member may resign his seat by writing to the Chairman of legislative council or Speaker of legislative assembly, as the case may be. The seat falls vacant when the resignation is accepted
AbsenceA House of the state legislature can declare the seat of a member vacant if he absents himself from all its meeting for a period of sixty days without its permission
Other Cases

 

–          If his election is declared void by the Court.

–          If he is expelled by the house.

–          if he is elected to the office of President or office of vice-President

–          if he is appointed to the office of governor of a state

 

PRESIDING OFFICERS OF STATE LEGISLATURE

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

SPEAKER OF LEGISLATIVE ASSEMBLY (LOWER HOUSE)
  • 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.

 

Speaker vacates seat if
1He ceases to be a member of the assembly;
2He resigns by writing to the deputy speaker;
3He is removed by a resolution passed (with a 14 days advance notice) by a majority of all the then members of the assembly.

 

POWERS AND DUTIES OF THE SPEAKER
  • 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 necessary 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.

 

Speaker is the chairman of –
1Business Advisory Committee
2Rules Committee
3General Purpose Committee

 

Speaker is the final interpreter of the provisions of –
1The Constitution of India
2The rules of procedure and conduct of business of assembly
3The legislative precedents, within the assembly.

 

  • He decides whether a Bill is a Money Bill or not and his decision cannot be challenged in the court of law.
STEPS TO SECURE THE INDEPENDENCE OF SPEAKER
  • Power of the speaker under Schedule 10 should be withdrawn and endow Election commission with 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.

 

DEPUTY SPEAKER OF 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.

 

Deputy Speaker vacates seat if
1He ceases to be a member of the assembly;
2He resigns by writing to the deputy speaker;
3He is removed by a resolution passed (with a 14 days advance notice) by a majority of all the then members of the assembly.

 

  • 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.

 

The salaries and allowances of the Speaker and the Deputy Speaker of the assembly are fixed by the state legislature. They are charged on the Consolidated Fund of the State and thus are not subject to the annual vote of the state legislature.

 

CHAIRMAN OF LEGISLATIVE COUNCIL (UPPER HOUSE)
  • 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 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 OF LEGISLATIVE COUNCIL
  • The Deputy Chairman is also elected by the council itself from amongst its members.
Deputy Dy. chairperson vacates seat if
1He ceases to be a member of the assembly;
2He resigns by writing to the deputy speaker;
3He is removed by a resolution passed (with a 14 days advance notice) by a majority of all the then members of the assembly.

 

  • 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.
The salaries and allowances of the Chairperson and the Deputy Chairperson of the Council are fixed by the state legislature. They are charged on the Consolidated Fund of the State and thus are not subject to the annual vote of the state legislature.

 

Art.Subject Matter
General Provisions
168Constitution of Legislatures in states
169Abolition or creation of Legislative Councils in states
170Composition of the Legislative Assemblies
171Composition of the Legislative Councils
172Duration of State Legislatures
173Qualification for membership of the State Legislature
174Sessions of the State Legislature, prorogation and dissolution
175Right of Governor to address and send messages to the House or Houses
176Special address by the Governor
177Rights of Ministers and Advocate-General as respects the Houses
Officers of the State Legislature
178The Speaker and Deputy Speaker of the Legislative Assembly
179Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
180Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
181The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
182The Chairman and Deputy Chairman of the Legislative Council
183Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman
184Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
185The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
186Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman
187Secretariat of State Legislature
Conduct  of Business
188Oath or affirmation by members
189Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
Disqualifications of Members
190Vacation of seats
191Disqualifications for membership
192Decision on questions as to disqualifications of

members

193Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified
Powers, Privileges and Immunities of State Legislatures and their Members
194Powers, privileges, etc., of the House of Legislatures

and of the members and committees thereof

195Salaries and allowances of members
Legislative Procedure
196Provisions as to introduction and passing of Bills
197Restriction on powers of Legislative Council as to Bills other than Money Bills
198Special procedure in respect of Money Bills
199Definition of “Money Bills”
200Assent to Bills
201Bills reserved for consideration
Procedure in Financial Matter
202Annual financial statement
203Procedure in Legislature with respect to estimates
204Appropriation Bills
205Supplementary, additional or excess grants
206Votes on account, votes of credit and exceptional grants
207Special provisions as to financial Bills
General Procedure
208Rules of procedure
209Regulation by law of procedure in the Legislature of the state in relation to financial business
210Language to be used in the Legislature
211Restriction on discussion in the Legislature
212Courts not to inquire into proceedings of the Legislature
Legislative Powers of the Governor
213Power of Governor to promulgate Ordinances during recess of Legislature

 

SESSIONS OF THE STATE LEGISLATURE

 
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 prorogue 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 its majority, failing which fresh elections need to be held.

 

The position with respect to lapsing of bills on the dissolution of the assembly is mentioned below:
1Bill pending in the assembly lapses (whether originating in the assembly or transmitted to it by the council).
2A Bill passed by the assembly but pending in the council lapses.
3A Bill pending in the council but not passed by the assembly does not lapse.
4A Bill passed by the assembly (in a unicameral state) or passed by both the houses (in a bicameral state) but pending assent of the Governor or the President does not lapse.
5A Bill passed by the assembly (in a unicameral state) or passed by both the Houses (in a bicameral state) but returned by the President for reconsideration of House (s) does not lapse

 

QUORUM
  • 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 IN STATE LEGISLATURE
  • 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.

 

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.
  • 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 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.
  • 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.
  • Speaker exercises a casting vote in the case of an equality of votes.

 

LEGISLATIVE PROCEDURES IN THE 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.

 

  1. 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 (Article 200)
The Governor can-
1Give his assent after which it becomes an Act
2Reject the bill
3Return the bill for reconsideration. If  he Houses pass the bill after such reconsideration the Governor has to assent to the bill.
4Reserve the bill for the President

 

ASSENT OF THE PRESIDENT – ARTICLE 201
  • 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 so 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.

 

MONEY BILL ( ARTICLE 199)
  • 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 recommendation.
  • 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 Governor for assent. Governor may give or withhold it or sent it for President’s consideration.
  • President too may give or withhold assent.
  • But neither Governor nor President can return the bill for reconsideration.

 

PRIVILEGES OF STATE LEGISLATURE

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.

 

  1. 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 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.

 

COMPARISON BETWEEN PARLIAMENT AND STATE LEGISLATURE.
 

Union Parliament

 

 

State Legislatures

BicameralMostly unicameral – only 6 states are bicameral
Article 79 to122 in Part V of the ConstitutionArticles 168 to 212 in Part VI of the Constitution
With Regard to Ordinary Bill:

1.       It can be introduced in either House of the Parliament.

2.       It can be introduced either by a minister or by a private member.

3.       It passes through first reading, second reading and third reading in the originating House.

4.       It is deemed to have been passed by the Parliament only when both the Houses have agreed to it, either with or without amendments.

5.       A deadlock between the two Houses takes place when the second House, after receiving a bill passed by the first House, rejects the bill or proposes amendments that are not acceptable to the first House or does not pass the bill within six months.

6.       The Constitution provides for the mechanism of joint sitting of two Houses of the Parliament to resolve a deadlock between them over the passage of a bill.

7.       The Lok Sabha cannot override the Rajya Sabha by passing the bill for the second time and vice versa. A joint sitting is the only way to resolve a deadlock between the two Houses.

8.       The mechanism of joint sitting for resolving a deadlock applies to a bill whether originating in the Lok Sabha or the Rajya Sabha. If a joint sitting is not summoned by the president, the bill ends and becomes dead.

 

 

With Regard to Ordinary Bill:

1.       It can be introduced in either House of the state legislature.

2.       It can be introduced either by a minister or by private member.

3.       It passes through first reading, second reading and third reading in the originating House.

4.       It is deemed to have been passed by the state legislature only when both the Houses have agreed to it, either with or without amendments.

5.       A deadlock between the two Houses takes place when the legislative council, after receiving a bill passed by the legislative assembly, rejects the bill or proposes amendments that are not acceptable to the legislative assembly or does not pass the bill within three months.

6.       The Constitution does not provide for the mechanism of joint sitting of two Houses of the state legislature to resolve a deadlock between them over the passage of a bill.

7.       The legislative assembly can override the legislative council by passing the bill for the second time and not vice versa. When a bill is passed by the assembly for the second time and transmitted to the legislative council, if the legislative council rejects the bill again, or proposes amendments that are not acceptable to the legislative assembly, or does not pass the bill within one month, then the bill is deemed to have been passed by both the Houses in the form in which it was passed by the legislative assembly for the second time.

8.       The mechanism of passing the bill for the second time to resolve a deadlock applies to a bill originating in the legislative assembly only. When a bill, which has originated in the legislative council and sent to the legislative assembly, is rejected by the latter, the bill ends and becomes dead.

With Regard to Money Bill:

●        It can be introduced only in the Lok Sabha and not in the Rajya Sabha.

●        It can be introduced only on the recommendation of the President.

●        It can be introduced only by a minister and not by a private member

●        It cannot be rejected or amended by the Rajya Sabha. It should be returned to the Lok Sabha within 14 days, either with or without recommendations.

●        The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha.

●        If the Lok Sabha accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form.

●        If the Lok Sabha does not accept any recommendation, the bill is then deemed to have been passed by both the Houses in the form originally passed by the Lok Sabha without any change.

●        If the Rajya Sabha does not return the bill to the Lok Sabha within 14 days, the bill is deemed to have been passed by both the Houses at the expiration of the said period in the form originally passed by the Lok Sabha.

●        The Constitution does not provide for the resolution of any deadlock between the two Houses. This is because, the will of the Lok Sabha is made to prevail over that of the Rajya Sabha, if the latter does not agree to the bill passed by the former.

With Regard to Money Bill:

●        It can be introduced only in the legislative assembly and not in the legislative council.

●        It can be introduced only on the recommendation of the Governor.

●        It can be introduced only by a minister and not by a private member.

●        It cannot be rejected or amended by the legislative council. It should be returned to the legislative assembly within 14 days, either with or without amendments.

●        The legislative assembly can either accept or reject all or any of the recommendations of the legislative council.

●        If the legislative assembly accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form.

●        If the legislative assembly does not accept any recommendation, the bill is then deemed to have been passed by both the Houses in the form originally passed by the legislative assembly without any change.

●        If the legislative council does not return the bill to the legislative assembly within 14 days, the bill is deemed to have been passed by both the Houses at the expiration of the said period in the form originally passed by the legislative assembly.

●        The Constitution does not provide for the resolution of any deadlock between the two Houses. This is because, the will of the Legislative Assembly is made to prevail over that of the Legislative Council, if the latter does not agree to the bill passed by the former.

 

If a bill is introduced in a House, and it passes it, then the other House can:

1.       Pass the bill as it is.

2.       Reject the bill altogether.

3.       Pass the bill with some modifications and return it to the first House for reconsideration.

4.       Nothing is done to the bill for 6 months, which means both Houses are in disagreement.

In this case, a joint sitting of both the Houses is convened and made, to break the constitutional deadlock.

Note: In the case of Money Bill, which are to be introduced only in the Lok Sabha, the Rajya Sabha has restricted powers.

The Legislative Councils (LC) have only advisory powers by and large.

They have lesser powers when it comes to law-making.

If a bill is introduced in the LC, which is passed by it, and it goes on to the Assembly:

1.       The Assembly rejects the bill.

2.       It passes the bill with some modifications which are unacceptable to the LC.

In both the above cases, the bill comes to an end.

However, if the bill originates in the Assembly, and it is either rejected or passed with modifications not acceptable by the LC, it does not come to an end.

There is no provision for a joint sitting of the Council and the Assembly. In the case of a disagreement, the decision of the Assembly is deemed final.

Note: Money bills can originate only in the Legislative Assembly.

Members: Lok Sabha: 552 (Max.)

Rajya Sabha: 250 (Max.)

Members: Legislative Assembly: Between 40 and 500

Legislative Council: Not more than one-third of the membership of the State Legislative Assembly, and cannot be under 40.

Election to the Rajya Sabha:

Members are elected by the elected members of the State Legislative Assemblies by means of proportional representation by means of a single transferable vote.

Election to the Legislative Councils:

Members are elected by five different constituencies through a process of the single transferable vote system.

1.       ⅓ of the members are elected by the local authorities representatives (Gram Panchayats, Municipalities, Block Parishads, etc.)

2.       ⅓ of the members by the MLAs.

3.       1/12 of the members are elected by the teachers (of secondary schools, colleges and universities) in the state.

4.       1/12 are elected by the graduates in the state.

5.       Remaining 1/6th are nominated by the Governor from persons having experience or knowledge in the fields of science, art, literature, social service or cooperative movement.

 

REMOVAL OF ANGLO-INDIANS RESERVATION IN LEGISLATIVE BODIES
  • 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 providedtwo 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 PLANS 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
  • 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.

 

DISADVANTAGES
  • 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.

 

WHIP
  • 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.

 

SIGNIFICANCE OF WHIP
  • 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.

 

ISSUES WITH INSTITUTION OF WHIP
  • Against Constitutional Philosophy
  • Force Consensus
  • Undermine Participatory Governance
  • Restrained Internal Democracy of the Political Party
  • Dictatorial Power

 

Office of Profit

  • Recently, 20 MLAs in Delhi were disqualified by 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.

 

WHAT IS OFFICE OF PROFIT?
  • 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.
Supreme Court in Pradyut Bordoloi vs Swapan Roy (2001), the Supreme Court outlined the following questions for the test for office of Profit-
1Whether the government makes the appointment;
2Whether the government has the right to remove or dismiss the holder;
3Whether the government pays the remuneration;
4What are the functions of the holder and does he perform them for the government;
5Does the government exercise any control over the performance of those functions

 

PARLIAMENTARY SECRETARY
  • 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 is 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.

 

 

STATEHOOD OF DELHI

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

 

SPECIAL PROVISION FOR DELHI
  • 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)

 

COMPARISON BETWEEN DELHI AND A STATE
  • 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

 

COMPARISON BETWEEN DELHI AND OTHER UTS
  • Only Delhi and Puducherry have 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