State Legislature ( Important for APSC)

Chapter III of Part VI of the Constitution pertains to the State Legislature, which is a crucial component of the Indian governmental framework. It comprises two integral entities: the state legislature itself and the Governor. Part VI of the Constitution provides an extensive framework outlining the structure, functions, tenure, offices, procedures, privileges, and powers of the state legislature.

This chapter essentially defines the organization and operation of state legislatures in India, which are responsible for enacting laws and representing the interests of the state’s citizens. The Governor, as a significant figure in this context, plays a vital role in the functioning of the state legislature.

The details covered in this chapter are comprehensive and encompass various aspects of the state legislature’s operation, ensuring that the legislative processes are governed by a clear set of rules and principles. These provisions are essential for maintaining the integrity and functioning of the state’s democratic system.

Bicameral and Unicameral States

Unicameral State:

• Unicameral state legislature has only one legislative chamber.
• This single chamber handles all legislative functions, including lawmaking, budget approval, and discussions on various issues.
•  It is the most common form of legislature in many countries.
• The unicameral system is known for its efficiency, streamlining the legislative process.
• It reduces the likelihood of bureaucratic hurdles and complexities in lawmaking.

Bicameral State:

• Bicameral legislatures comprise two distinct legislative houses for tasks such as budget approval and lawmaking.
• India employs a bicameral system at the national level, and individual states have the option to establish their own.
• In India, only seven states have chosen to have a bicameral legislature.
• While a bicameral legislature has advantages, it may not always be as efficient as a unicameral one.
• In some situations, the bicameral system can complicate the legislative process and act as a stumbling block.

Abolishing or Establishing Legislative Councils

The Legislative Council, also known as Vidhan Parishad, constitutes the upper chamber in a bicameral legislative system within India. Article 169 of the Indian Constitution outlines the provision for its establishment and, likewise, its removal.

In some Indian states, Article 168 makes reference to the Legislative Council. It’s important to note that not all states in India are obligated to have a bicameral legislature. The framers of the constitution recognized that various states might face constraints, whether financial or otherwise, in establishing a bicameral legislature.

The creation or abolition of a Legislative Council is governed by Article 169. To initiate this process, a resolution must be passed by the Legislative Legislature with the support of over half of the entire assembly’s strength. This process pertains to both creating and abolishing a Legislative Council.

Composition of Houses

• Article 170 of the Indian Constitution addresses the composition of Legislative Assemblies, focusing on the structure of these state-level bodies.
• In contrast, Article 171 of the Indian Constitution pertains to the composition of the Legislative Council, detailing the makeup of these legislative entities.

State Legislature – Legislative Assembly (Vidhan Sabha)

• The Legislative Assembly, or Vidhan Sabha, is the primary elected body in a state.
• It is subject to limits on its size, with a maximum of 500 members and a minimum of 60 members.
•  Some states like Sikkim, Arunachal Pradesh, and Goa have smaller legislative assemblies as exceptions.
• Territorial constituencies are organized to maintain a consistent ratio between constituency population and the number of seats allocated across the state.
• Specific provisions exist for the representation of Scheduled Castes (SC) and Scheduled Tribes (ST) in the assembly.
• If the Governor believes the Anglo-Indian community is underrepresented, they can appoint one member from that community.

State Legislature – Legislative Council (Vidhan parishad)

• Composition of the Legislative Council, or Vidhan Parishad, is detailed in Article 171 of the Indian Constitution.
•  The total number of members in the Legislative Council cannot exceed one-third of the total members in the state Legislative Assembly.
• There is a minimum requirement of 40 members in the Legislative Council.
• An exception exists in the composition of Vidhan Parishad.
• The composition is further categorized as follows:

•  One-third of the members are elected from district boards, municipalities, and specified local authorities as per Parliament’s law.
• One-twelfth of members are elected from individuals residing in the state for a minimum of three years and holding a university degree from an Indian territory.
•  Another one-twelfth of members are elected from individuals who have been engaged in teaching for at least three years within the state’s educational institutions.
• One-third are elected by Legislative Assemblies, and none of them can be members of the Legislative Assembly.
•  The remaining members are nominated by the Governor in accordance with established laws.

State Legislature – Powers and Functions

Legislative Functions

•  State Legislature has the authority to create laws related to matters in the State and Concurrent Lists.
•  In cases of conflict between Union and State laws, Parliament’s decision prevails.
•  There are two types of bills: Ordinary Bills and Money Bills.
• Ordinary Bills can be introduced in either house if the State Legislature is bicameral, but Money Bills must start in the Vidhan Sabha.
•  Bill amendments require agreement from both houses.
•  A bill pending in the Legislative Council, not passed by the Legislative Assembly, doesn’t lapse upon Assembly dissolution.
•  However, if a bill is pending in the Legislative Assembly or has been passed by the Assembly but is pending in the Legislative Council, it lapses when the Assembly dissolves.
• Once a bill passes both houses, it goes to the Governor for approval.
• If the bill is sent back for reconsideration, it can be passed again, and the Governor must provide assent or reserve it for the President’s consideration.

Financial Functions

• State Legislature has financial control within the state.
• Money bills must originate in the Vidhan Sabha and encompass government-approved expenses, tax changes, borrowing, etc.
• Only a Minister, on the Governor’s recommendation, can introduce a money bill; private members cannot.
• The Speaker of the Vidhan Sabha decides in cases of doubt regarding a bill’s classification as a money bill.
• Once passed by the Vidhan Sabha, the money bill proceeds to the Vidhan Parishad and must be returned within 14 days, with or without recommendations
•  The Vidhan Sabha can accept or reject these recommendations.
• The final step involves sending the bill to the Governor for approval.

Privileges stated under the Constitution

•  Similar to the powers granted under Article 105(1) to Members of Parliament, which include the freedom of speech and expression, Article 194 of the Indian Constitution confers similar privileges for State legislative members.
• These privileges extend to Clause (2), which ensures that members of the State Legislature cannot be held legally responsible for anything said or any votes cast during legislative proceedings.
• Furthermore, individuals are protected from liability for publishing reports, papers, votes, or proceedings if the publication is made by the legislature or an authority appointed by it.
• It’s important to note that this absolute privilege applies exclusively within the legislative premises, and any statements made outside these premises may be considered defamatory.

Qualifications of Members of Legislative Assembly

Eligibility to Stand for Election

– Must be an Indian citizen.

– Age requirement: At least 25 years for the Legislative Assembly and 30 years for the Legislative Council.

– Additional qualifications, if any, prescribed by Parliament.

Representation of the People Act, 1951

– A person cannot be elected to the Legislative Assembly or Council unless they are an elector for a Legislative Assembly constituency in that State.

Disqualifications

– Holding an office of profit under the Government of India or any State government, except for the position of a Minister.

– Being declared mentally unsound by a competent court.

– Being an undischarged insolvent.

– Not being an Indian citizen or voluntarily acquiring the citizenship of a foreign state or acknowledging allegiance to a foreign nation.

– Disqualification under any law enacted by Parliament.

Additional Grounds for Disqualification

– Conviction by a court.

– Guilty of electoral malpractice.

– Holding a managerial or directorial position in a corporation with government financial interest.

Role of the Governor

– If any question arises regarding disqualifications, the matter is referred to the state’s Governor.

– The Governor acts based on the Election Commission’s opinion, and the decision is final, not subject to legal challenge.

Limitations on the powers of State Legislature

• Some Bills in the State Legislature need prior approval from the President of India.
• Certain Bills passed by the State Legislature must receive the President’s assent before becoming operative, following consideration by the Governor.
• Parliament can create laws for State List subjects if the Council of States deems it necessary in the national interest.
• During a state of emergency, Parliament can legislate for the entire or part of India on State List matters.
• Parliament’s legislative authority can expand to State List subjects when a breakdown of the Constitutional machinery is declared.

Legislative Procedure

• Parliamentary procedures in the State Legislature mirror those in the Indian Parliament.
•  The State Legislature must convene at least twice annually, with no session interval exceeding six months.
• The Governor delivers the opening address at the start of each session, outlining the State Government’s policies.
• Any Bill may be introduced in either house, except for Money Bills which are exclusive to the Assembly.
• Bills undergo three readings before reaching the Governor for approval. The Governor can request reconsideration, but if passed again, he must grant assent.
• Certain Bills can be reserved for the President’s consideration, who may request reconsideration by the State Legislature. Once passed again, the Bill proceeds to the President.
•  The President isn’t obligated to give assent, even if a Bill passes the State Legislature twice.
•  Bills pending when the Assembly dissolves or in transition between the Assembly and the Council may lapse.
• Bills awaiting the Governor’s or President’s assent, after passing one House or both, do not lapse.
• A Bill returned for reconsideration can be passed by the newly constituted Assembly, even if the previous House approved it.

Key articles

Article 168: Constitution of Legislatures in States

– A State Legislature consists of the Governor and:

  – In certain states (Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka, and Jammu and Kashmir), two Houses: Legislative Council and Legislative Assembly.

  – In other states, one House, known as the Legislative Assembly.

Article 169: Abolition or creation of Legislative Councils in States

– Parliament may, by law, abolish or establish Legislative Councils in states.

– The State Legislative Assembly must pass a resolution with a majority of the total membership and a two-thirds majority of members present and voting.

– The law must include provisions amending the Constitution as required to implement its provisions.

– This law does not constitute a constitutional amendment under Article 368.

Article 170: Composition of the Legislative Assemblies

– Each State’s Legislative Assembly consists of not more than 500 and not less than 60 members elected directly from territorial constituencies.

– The ratio between constituency population and allocated seats should be as consistent as possible throughout the state.

– Following each census, Parliament adjusts the number of seats and territorial constituencies.

– Until the first census after 2026, readjustment doesn’t affect the existing Assembly or the basis for territorial constituencies.

Article 171: Composition of the Legislative Councils

– The total number of Legislative Council members in a state shall not exceed one-third of the Legislative Assembly’s total members, with a minimum of forty members.

– The composition of the Legislative Council shall consist of members elected from various categories, including graduates, teachers, and members not part of the Legislative Assembly.

– Elections for these categories are held using proportional representation by means of the single transferable vote.

– The remaining members are nominated by the Governor, representing expertise in areas like literature, science, art, co-operative movement, and social service.

Article 172: Duration of State Legislatures

– The Legislative Assembly of a State continues for five years unless dissolved sooner. The Assembly dissolves automatically after five years.

– Parliament can extend this period by up to one year at a time during a state of emergency, not exceeding six months after the emergency ends.

– The Legislative Council is not subject to dissolution; one-third of its members retire every two years.

Article 173: Qualification for membership of the State Legislature

– To be eligible for the State Legislature, a person must be an Indian citizen, take an oath or affirmation, meet age requirements (25 for Assembly, 30 for Council), and possess qualifications as prescribed by Parliament.

Article 174: Sessions of the State Legislature, prorogation and dissolution

– The Governor summons the Legislature, ensuring a session interval of no more than six months.

– The Governor may prorogue or dissolve the Legislative Assembly.

Article 175: Right of Governor to address and send messages to the House or Houses

– The Governor can address the Legislative Assembly or both Houses, requiring members’ attendance.

– The Governor can send messages to the Houses on various matters, and the Houses must consider these messages promptly.

Article 176: Special address by the Governor

– The Governor addresses the Legislative Assembly at the beginning of each session after a general election and each year, informing the Legislature about the summons’ reasons.

– Rules allocate time for discussing the address’s content.

Article 177: Rights of Ministers and Advocate-General as respects the Houses

– Ministers and the Advocate-General for a State have the right to participate in the Legislative Assembly’s proceedings, speak, and be part of legislative committees but do not have voting rights.

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