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Polity 40 State Legislature

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43 views20 pages

Polity 40 State Legislature

Uploaded by

kumaranurag0024
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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•

INDIAN
CONSTITUTIO • Varidhi

N
1
Indian Constitution - Polity
• PART VI -
STATE
LEGISLATUR
E
ART 168 TO
212

LECTURE 40
• The state legislature occupies a
preeminent and central position in
the political system of a state.
• 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. Though these are similar
ORGANISATION OF STATE LEGISLATURE

There is no uniformity in the organisation of state


legislatures. Most of the states have an unicameral
system, while others have a bicameral system. At
present , only six states have two Houses (bicameral).
These are Andhra Pradesh, Telangana, Uttar Pradesh,
Bihar, Maharashtra and Karnataka.
The twenty-two states have unicameral system. Here,
the state legislature consists of the governor and the
legislative assembly. In the states having bicameral
system, the state legislature consists of the governor,
the legislative council and the legislative assembly.
The legislative council (Vidhan Parishad) is the upper
house (second chamber or house of elders), while the
The Constitution provides for the abolition or
creation of legislative councils in states.
Accordingly, the 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 to that effect.

Such a specific resolution must be passed by the


state assembly by a special majority, that is, a
majority of the total membership of the assembly
and a majority of not less than two-thirds of the
members of the assembly present and voting. This
Act of Parliament is not to be deemed as an
• Strength
• The legislative assembly consists of
COMPOSITION
representatives directly elected by the OF TWO HOUSES
people on the basis of universal adult Composition of Assembly
franchise. Its maximum strength is fixed
at 500 and minimum strength at 60. It
means that its strength varies from 60
to 500 depending on the population
size of the state .
• However, in case of Arunachal Pradesh,
Sikkim and Goa, the minimum number
is fixed at 30 and in case of Mizoram
and Nagaland, it is 40 and 46
respectively.
Nominated Member
The governor can nominate one
member from the Anglo-Indian
community, if the community is not
adequately represented in the
assembly. Originally, this provision
was to operate for ten years (ie, upto
1960). But this duration has been
extended continuously since then by
10 years each time. Now, under the
95th Amendment Act of 2009, this is
to last until 2020.
Reservation of seats for
SCs and STs

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
• Strength
• Unlike the members of the legislative
assembly, the members of the legislative COMPOSITION
OF COUNCIL
council are indirectly elected.
• The maximum strength of the council is
fixed at one-third of the total strength of
the assembly and the minimum strength is
fixed at 406 . It means that the size of the
council depends on the size of the
assembly of the concerned state. This is
done to ensure the predominance of the
directly elected House (assembly) in the
legislative affairs of the state. Though the
Constitution has fixed the maximum and
the minimum limits, the actual strength of
a Council is fixed by Parliament
Manner of Election
Of the total number of members of a legislative council:
1. 1/3 are elected by the members of local bodies in the state like
municipalities, district boards, etc.,
2. 1/12 are elected by graduates of three years standing and
residing within the state,
3. 1/12 are elected by teachers of three years standing in the state,
not lower in standard than secondary school,
4. 1/3 are elected by the members of the legislative assembly of the
state from amongst persons who are not members of the
assembly, and
5. the remainder are nominated by the governor from amongst
persons who have a special knowledge or practical experience of
literature, science, art, cooperative movement and social service.

Thus, 5/6 of the total number of members of a legislative council are


indirectly elected and 1/6 are nominated by the governor. The
members are elected in accordance with the system of proportional
• Like the Lok Sabha, the legislative assembly
is not a continuing chamber. Its normal term
is five years from the date of its first meeting D U R AT I O N O F
TWO HOUSES
after the general elections.
Duration of Assembly
• The expiration of the period of five years
operates as automatic dissolution of the
assembly. However, the governor is
authorised to dissolve the assembly at any
time (i.e., even before the completion of five
years) to pave the way for fresh elections.
• Further, the term of the assembly can be
extended during the period of national
emergency by a law of Parliament for one
year at a time (for any length of time).
However, this extension cannot continue
beyond a period of six months after the
• Like the Rajya Sabha, the legislative
council is a continuing chamber, that
D U R AT I O N O F
is, it is a permanent body and is not COUNCIL
subject to dissolution.
• But, one-third of its members retire
on the expiration of every second
year. So, a member continues as such
for six years.
• The vacant seats are filled up by fresh
elections and nominations (by
governor) at the beginning of every
third year. The retiring members are
also eligible for re-election and re-
nomination any number of times.
MEMBERSHIP OF STATE LEGISLATURE
1.Qualifications The Constitution lays down the following
qualifications for a person to be chosen a member of
the state legislature.
(a) He must be a citizen of India.
(b) He must make and subscribe to an oath or
affirmation before the person authorised by the Election
Commission for this purpose.

In his oath or affirmation, he swears


(i)To bear true faith and allegiance to the Constitution of
India
(ii)(To uphold the sovereignty and integrity of India
(iii) He must be not less than 30 years of age in the case
of the legislative council and not less than 25 years of
Accordingly, the Parliament has laid down the following additional
qualifications in the Representation of People Act (1951):
(a) A 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.
(b)A person to be elected to the legislative assembly must be an
elector for an assembly constituency in the concerned state.
(c) He must be a member of a scheduled caste or scheduled tribe
if he wants to contest a seat reserved for them. However, a
member of scheduled castes or scheduled tribes can also
contest a seat not reserved for them

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