Sate Legislature Notes

State Legislature

• Part VI of the Constitution addresses the State Legislature in Chapter III. The state legislature and the Governor comprise it. Part VI of the Constitution addresses the organisation, composition, duration, offices, processes, privileges, and powers of the state legislature, among other things.
• The purpose and goal of the State Legislature are to draught and introduce bills that are relevant to the state. Members of the State Legislative Assembly have many of the same powers and privileges as members of Parliament, but these powers and functions are limited to that particular State.
• Articles 168 to 212 of the Indian Constitution discuss the relevant details regarding important constituents and requirements within the State Legislative Assembly.

Bicameral and Unicameral States

• A unicameral legislature performs all functions, such as adopting laws, passing budgets, and debating national and international issues, in a single legislative chamber.
• It is the most common because most countries have a unicameral legislature. It is an effective type of legislation because it simplifies the legislative process and reduces the likelihood of obstacles.
• A bicameral legislature is a state with two separate law-making houses that carry out functions such as passing the budget and enacting legislation. India has a bicameral legislature at the national level, but states can create their own.
• Only seven Indian states have a bicameral legislature. In contrast, a bicameral legislature may be less effective than a unicameral legislature.
• However, in some cases, it can be a stumbling block because it complicates the legislative process.

Abolition of Creation of Legislative Councils

• In our country, the Legislative Council is the upper chamber of a bicameral legislature. Its establishment is provided for in Article 169 of the Indian Constitution, and it can also be repealed under the same provision.
• The Legislative Council is mentioned in Article 168 in several of our country's states. There is no requirement for a bicameral legislature in India. It's because our forefathers recognised that a bicameral legislature would be impossible to establish in every state (due to financial or any other reason).
• Article 169 creates or abolishes the Legislative Council. To create or abolish the Legislative Council, the Legislative Legislature must pass a resolution with the support of more than half of the assembly's total membership.

House Composition

• Article 170 of the Indian Constitution discusses the composition of the Legislative Assemblies. The goal of this article is to highlight how the state's Legislative Assemblies are organised. The composition of the Legislative Council, on the other hand, is specified in Article 171 of the Indian Constitution.

Legislative Assembly - State Legislature (Vidhan Sabha)

• The Legislative Assembly is the true seat of power in a state and is elected by the people. The maximum strength of an assembly cannot exceed 500 members, and its minimum strength cannot be less than 60 members. Several states, including Sikkim, Arunachal Pradesh, and Goa, have been granted smaller legislative assemblies.
• The designation of territorial constituencies should be done in such a way that the ratio between the population of each constituency and the number of seats awarded to it is consistent across the State.
• There are specific provisions for the representation of SC and ST people in addition to these broad provisions. If the Governor believes the Anglo-Indian community is underrepresented in the assembly, he has the authority to appoint one member from that community.

Legislative Council of the State Legislature (Vidhan parishad)

• Article 171 of the Indian Constitution specifies the composition of the Legislative Council. The total number of Legislative Council members should not exceed one-third of the total number of Legislative Assembly members.
• Another criterion for the composition of the Legislative Council exists. In any case, the Legislative Council member should be at least 40 years old. There is one exception in Vidhan Parishad's composition.
• The Legislative Council's composition can be further subdivided as follows:
• One-third of the Legislative Council members should be elected from district boards, municipalities, and other local authorities designated by the Parliament.
• One-twelfth of its members shall be elected from among those who have lived in the same state for at least three years and have graduated from a university located on Indian territory.
• One-twelfth of its total members should be elected from among those who have been teaching for at least three years in a state educational institution.
• Legislative Assemblies should elect one-third of them, and none of them should be members of the Legislative Assembly.
• The remaining members should be nominated by the Governor in accordance with established law.

Minimum and Maximum Strength of Legislative Assembly

• The Legislative Assembly has a maximum strength of 500 members and a minimum strength of 60. Its strength ranges from 60 to 500 depending on the size of the state's population.
• However, in states such as Arunachal Pradesh, Goa, and Sikkim, the minimum strength is set at 30, while Mizoram and Nagaland have minimum strengths of 40 and 46, respectively.
• Furthermore, some legislative assembly members in Sikkim and Nagaland are elected indirectly.

Speaker and Deputy Speaker:

• A Speaker relinquishes his position if he is no longer a member of the Assembly.
• He may also resign from his position at any time.
• After fourteen days' notice of the intention to move such a resolution, a speaker may be removed from office by a resolution of the Assembly passed by a majority of all the then members of the Assembly.
• The Speaker does not resign when the Assembly is dissolved.
• He retains his position as Speaker until the first Assembly meeting following the dissolution.
• While the Speaker's office is vacant, the Deputy Speaker takes over.
• The Speaker's duties and powers are broadly similar to those of the Speaker of the House of People (Lok Sabha).

Chairman and Deputy Chairman: 

• The Council elects a Chairman and a Deputy Chairman from among its members.
• Both leave their positions if they leave the Council or resign from its membership.
• They can also be removed by a resolution of the Council passed by a majority of all the members of the Council at the time, provided fourteen days' notice is given to move such resolution of removal.
• When a resolution for removal against the Chairman or Deputy Chairman is under consideration, the concerned person shall not preside at a Council meeting, though he may be present and have the right to speak in, and otherwise participate in, the Council's proceedings.
• He shall be entitled to vote on such resolution or any other matter during such proceedings only in the first instance.
• In the event of a tie, he does not use the casting vote to which he is otherwise entitled under Article 189.
• In the absence of the Chairman, the Deputy Chairman preside over all Council meetings.
• In the absence of both the Chairman and the Deputy Chairman, such other person as the Council's rules of procedure may determine shall preside; or, if no such person is present, such other person as the Council may determine shall act as Chairman.
• While the Chairman's office is vacant, the Deputy Chairman assumes his responsibilities. If the position of Deputy Chairman becomes vacant, the Governor may appoint a member of the Council to perform all duties associated with the Chairmanship.

State Legislature - Powers and Functions

Legislative Powers

• The State Legislature has the authority to enact legislation concerning State and Concurrent Lists. However, if there is a conflict between Union and State law, the law decided by Parliament takes precedence.
• Ordinary bills and Money bills are the two types of bills. Ordinary bills can be introduced in either of the two houses if the State Legislature is bicameral, but Money Bills must be introduced in the Vidhan Sabha first.
• If an amendment to the Bill is proposed, it must be approved by both houses. A bill that is pending in a particular State's Legislative Council but is not passed by the Legislative Assembly shall not lapse upon the dissolution of the Legislative Assembly.
• However, if a bill is pending in a State's Legislative Assembly, or if a bill passed by the Legislative Assembly is pending in the Legislative Council, the bill will lapse upon the Assembly's dissolution. After both Houses have approved the bill, it is sent to the Governor for his signature.
• If the bill is sent back for reconsideration, the Legislature can pass it again, and the Governor must give assent or reserve assent for the President's consideration.

Financial Powers

• The State Legislature is in charge of the state's finances. Only the Vidhan Sabha can introduce a money bill. The money bill includes all authorised government spending, tax imposition or repeal, borrowing, and so on.
• A private member cannot introduce money bills. It must be introduced by a Minister based on the Governor's recommendations. In the event of a misunderstanding regarding the certification of that particular bill as a money bill, the Speaker of the Vidhan Sabha would make the decision.
• After being passed by the Vidhan Sabha, this money bill must be sent to the Vidhan Parishad.
• This bill must be returned within 14 days, either with or without recommendations. These recommendations may be accepted or rejected by the Vidhan Sabha. Following the completion of these stages, the bill is sent to the Governor for his signature.

Privileges stated under the Constitution

• Similar to the freedom of speech and expression powers stated in Article 105(1) for Members of Parliament, and clause (2) that no member of Parliament will be held liable in any proceeding before any Court for anything said or any vote given by him.
• It also states that no individual will be held liable for the publication of any report, paper, vote, or proceedings if it is made by the parliament or any authority under it.
• The same privileges are stated in Article 194 of the Indian Constitution for a State legislative. This absolute privilege can only be exercised by the concerned members within the premises of the parliament, and anything said outside of the premises is deemed defamatory.

Difference Between Legislative Assembly (Vidhan Sabha) And Legislative Council (Vidhan Parishad)