State Legislature - Lecture notes 3 PDF

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Summary

STATE LEGISLATUREIndia is a federation with clear lines of authority between the Union and the States. The Indian Constitution is the world's largest written constitution, and part VI of the Indian Constitution clearly defines the powers of state legislatures. With the exception of Jammu and Kashmir...

Description

STATE LEGISLATURE India is a federation with clear lines of authority between the Union and the States. The Indian Constitution is the world's largest written constitution, and part VI of the Indian Constitution clearly defines the powers of state legislatures. With the exception of Jammu and Kashmir, the Indian Constitution, which is federal in nature, provides for a uniform structure of government for state governments that is similar to that of the central government. India's states have freedom within the limits set by the Constitution. Since India does not follow the classical federalist model, its Constitution contains many unitary features that severely limit the authority of states. Because states in India have adopted a similar parliamentary structure, state governments have both an actual and nominal head. The Governor is the nominal head of state, while the Chief Minister and his council of ministers exercise real executive authority. State legislatures, like federal legislatures, have two houses: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad), though this is not always the case and depends on the size and willingness of the state government. Legislative Assembly has more power than legislative council, just as it does in union government. State legislatures have the authority to enact legislation for their respective states on the topics listed in the State Subject.

States' legislatures usually consist of a governor and a state legislature, which is divided into two houses: the Legislative Assembly and the Legislative Council. While every state has a Legislative Assembly, some states do not have a Legislative Council. The Constitution provides that the second chamber can be abolished or created by a simple procedure where it does not exist. It does not necessitate a change to the Constitution. To make such an amendment, the state assembly must pass a resolution with a special majority, i.e. two-thirds of the members present and voting in favour of the council's creation or abolition. For the states, this extraordinary arrangement was made in the Constitution; however, the same was not done for the Union Legislatures. It was decided not to make it mandatory because states with limited resources might find it difficult to have a

second chamber. Andhra Pradesh used this provision to establish the Legislative Council in 1957, which was later abolished in 1985. In 1969, both West Bengal and Punjab abolished their legislative councils.

Legislative Councils Article 171 of the Indian Constitution contains a provision regarding the Legislative Council. The house's strength varies, but the minimum is set at 40, and the maximum is determined by the Legislative Assembly's strength. The total number of members should not exceed one-third of the state's Legislative Assembly. The council is made up of members who are partially nominated and partially elected. 5/6 of the Council members are indirectly elected, while 1/6 are nominated by the Governor. Persons with special knowledge in literature, science, art, cooperative movement, and social service are nominated by the Governor. Members are elected using a single transferable vote system and an indirect method of proportional representation. Tenure

The Council, like the Rajya Sabha, is a permanent body that cannot be dissolved. Every second year, one-third of its members leave the organisation. [Paragraph (2) of Article 172]

The Chairman and Deputy Chairman

The Chairman and Deputy Chairman are described in Article 182 of the Constitution. Except when a resolution for their removal is being considered, they preside over all Council sessions. They never vote, unless there is a tie, in which case they use their casting vote. Article 183 lays out the procedures for them to either resign or be removed from office if a majority of the council votes to do so.

Qualification

According to Article 173, in order to be a member of the state legislature, a person must be an Indian citizen and not less than 25 years old in the case of a seat in the Legislative Assembly and not less than 30 years old in the case of a seat in the Legislative Council. The disqualification criterion is discussed in Article 191 of the Indian Constitution, which establishes certain criteria for members' disqualification. The following is the disqualification criterion:

• Members who hold a profit-making position in the federal or state government. However, the state may declare certain offices to be exempt from disqualification by law. • Is mentally ill. • Is an insolvent who has not been discharged. • Is not an Indian citizen or has acquired citizenship in another country voluntarily. • Is barred by a law enacted by Parliament.

Powers and Functions of the legislative Council

A procedure similar to that of Parliament is followed to pass an ordinary Bill. Ordinary bills may originate in either House of the State Legislature where two houses are provided. Other than Money Bills, Ordinary Bills can originate in either House. In the case of Money Bills, the Legislative Council must return the Bill to the Legislative Assembly within 14 days of receipt, along with its recommendations and suggestions. However, under Article 197, certain restrictions have been imposed on the Legislative Council in the case of Non-Money Bills. If a bill is passed by the State Legislature and sent to the Legislative Council, it may be: • Rejected by the Council • Three months have passed since the Bill was laid before the Council and the Council has not passed it., or • The Bill is passed by the Council with certain amendments to which the Assembly does not agree. In this case, the assembly may pass the bill again, with or

without the Legislative Council's suggested amendments, and send it back to the Legislative Council for reconsideration. The Bill will be deemed passed if it is passed by the Legislative Assembly for the second time, despite the fact that Council has certain delaying powers. So, as we can see, the Legislative Council can delay the passage of a Bill for three months at first, and then for another month, but in the end, the Legislative Assembly's will prevails. Aside from that, because there is no provision for a joint sitting to resolve differences between the two houses, the Legislative Assembly's will ultimately prevails.

Control over Executive The Council of Ministers, led by the Chief Minister, is collectively responsible to the Legislative Assembly, not to the Council, as it is in the centre. The council has little power to influence governments other than to raise questions about their actions or inactions. Legislative Assembly

The State Legislative Assembly, also known as the popular chamber, is made up of members who are directly elected from territorial constituencies. The number of Assembly members should not exceed 500 and should not fall below 60. However, in some states, such as Sikkim, Arunachal Pradesh, and Goa, the minimum number has been reduced as a result of the creation of smaller states. Currently, Uttar Pradesh has the largest state Assembly, while Sikkim has the smallest, with only 32 members. In addition, seats in legislative assemblies have been set aside for women, S.Cs, and S.Ts. Aside from that, the Governor has the authority to appoint any member of the Anglo-Indian community he sees fit (Article 333).

Tenure

According to Article 172, the state Legislative Assembly has a 5-year term. The State Governor has the authority to dissolve it at any time. Governors frequently abused their power at the direction of the federal government, declaring states of emergency under Article 356. In 1977, the Janata Government declared martial law in nine Congress-ruled states, and when Congress regained power, it declared martial law in nine states where it was not in power. This was only confirmed when, in the case of S.R. Bommai v. Union of India (1994), a nine-judge bench advised the government to follow the Sarkaria Commission's recommendation and avoid dissolving state assemblies. However, in the event of an emergency proclamation, the Assembly's term can be extended by a law of the Parliament for up to six months after the proclamation ceases to have effect. [Paragraph 2 of Article 172]

The Speaker and the Deputy Speaker Each state's Legislative Assembly must elect a Speaker and Deputy Speaker from among its members (Article 178). They may also resign from their position if they cease to be a member of the Assembly, offer their resignation, or if a majority of the members of the Assembly pass a resolution to that effect. Except when the process of their removal is in progress, they preside over meetings of the Legislative Assembly.

Powers and Functions of Legislative Assembly

The state's Legislative Assembly is the most powerful chamber, with a broad range of legislative, executive, and financial powers. It enacts legislation on the topics listed in the state list as well as the concurrent list. In this regard, the Legislative Council's powers are very limited, and it can only postpone legislation at most. The Legislative Assembly, which has executive power, has control over the Council of Ministers, which is led by the Chief Minister. For its policies and programmes, the Council of Ministers is collectively responsible to the Executive. It can also move a no-

confidence motion against the government, in addition to resolutions and motions. The Assembly has the power to overthrow the government by passing a no-confidence motion. The Legislative Assembly also has financial authority, and no taxes, appropriations, taxes, or money bills can be introduced without its approval. Finally, under Article 356 of the Constitution, it has power to amend the Constitution. The bill is sent to the states for ratification after it has been passed by Parliament....