State Legislature
The State Legislature in India forms the legislative organ of the state government, playing a central role in law-making, governance, and upholding the federal structure of the Indian Constitution. Like the Union Parliament, the State Legislature follows the parliamentary system, where the executive is collectively responsible to the legislature. The Constitution provides for unicameral and bicameral legislatures, depending on the state.
Constitutional Provisions
The provisions related to the State Legislature are covered under Articles 168 to 212 in Part VI of the Constitution. The key elements are:
- Article 168: Constitution of Legislatures in States
- Article 169: Abolition or Creation of Legislative Councils
- Article 170–171: Composition of Legislative Assemblies and Councils
- Article 174–176: Sessions, Prorogation, and Address by Governor
- Article 177: Rights of Ministers and Advocate General
- Article 178–187: Officers of State Legislature
- Article 188–212: Legislative Procedure, Powers, and Privileges
Types of State Legislatures
- Unicameral Legislature:
- In 22 states, the legislature is unicameral, consisting of the Governor and the Legislative Assembly.
- It is directly elected by the people and exercises the full law-making authority.
- Bicameral Legislature:
- Only six states —Uttar Pradesh, Maharashtra, Bihar, Karnataka, Andhra Pradesh, and Telangana—have a Legislative Council (Vidhan Parishad) in addition to the Assembly.
- In states with a bicameral system, the legislature comprises the Governor, the Legislative Council, and the Legislative Assembly. The Legislative Council (Vidhan Parishad) serves as the Upper House or House of Elders, while the Legislative Assembly (Vidhan Sabha) functions as the Lower House or Popular House.
Creation and Abolition of State Legislative Councils (Article 169)
- Article 169 empowers Parliament to create or abolish a Legislative Council in a state.
- This can be done only if the Legislative Assembly of the concerned state first passes a resolution to that effect.
- Such a resolution must be passed by a special majority:
- Majority of the total membership of the Assembly, and
- Majority of not less than two-thirds of the members present and voting.
- Once the resolution is passed, Parliament may enact a law to create or abolish the Legislative Council.
- The Parliamentary law for this purpose is not considered a constitutional amendment under Article 368.
- It is passed as an ordinary legislation (simple majority).
Composition of the Legislative Assembly (Vidhan Sabha)
Strength of the House
- Maximum strength: 500
- Minimum strength: 60
- The actual strength varies from state to state based on population.
- For smaller states, the minimum strength is as follows:
- Sikkim, Arunachal Pradesh, Goa: 30
- Mizoram: 40
- Nagaland: 46
- Some members of the legislative assemblies in Sikkim and Nagaland are elected indirectly.
Direct Elections
- Members are directly elected by the people on the basis of universal adult franchise.
- Each state is divided into territorial constituencies for this purpose.
Territorial Constituencies & Uniform Representation
- For conducting direct elections to the State Legislative Assembly, each state is divided into territorial constituencies.
- The delimitation (demarcation) of these constituencies is done to ensure that each constituency has roughly the same population per seat.
- This ensures uniformity of representation across all constituencies within the state.
- The term ‘population’ here refers to the figures from the last published Census.
Delimitation and Readjustment After Each Census
After every Census, two key adjustments are constitutionally required:
- Readjustment of the total number of seats in the Legislative Assembly of each state.
- Redrawing (delimitation) of territorial constituencies within each state.
Who does it?
- Parliament determines the process and authority for this task. For this, it has enacted the Delimitation Commission Acts in:
Freezing of Seats: Population Control Measure
- The 42nd Constitutional Amendment Act, 1976 froze the number of seats in each State Assembly and the territorial constituency boundaries based on the 1971 Census, until the year 2000.
- Later, the 84th Amendment Act, 2001 extended this freeze until 2026, with the objective of promoting family planning and population control.
Readjustment without Changing Total Seats
While the number of seats remains frozen:
- The 84th Amendment Act, 2001 allowed readjustment and rationalisation of constituencies based on the 1991 Census.
- Later, the 87th Amendment Act, 2003 revised this to allow delimitation based on the 2001 Census.
- Importantly, no increase in the total number of seats is allowed during this period.
Reservation of Seats for SCs and STs in State Assemblies
- The Constitution of India mandates reservation of seats in the Legislative Assemblies of every state for:
- Scheduled Castes (SCs)
- Scheduled Tribes (STs)
- Basis of Reservation:
- The number of reserved seats is proportional to their population in each state, as per the latest published census data.
- Duration of Reservation:
- Originally meant for 10 years only (till 1960) under Article 334.
- However, the provision has been extended periodically by constitutional amendments.
- Latest Update:
- The 104th Constitutional Amendment Act, 2019 extended this reservation till 2030.
Note: The 104th Amendment also discontinued the provision for nomination of the Anglo-Indian community to the State Assemblies and Lok Sabha.
Composition of the State Legislative Council
The Legislative Council (Vidhan Parishad) is the Upper House in the bicameral legislature of certain Indian states. It is a permanent body, unlike the Legislative Assembly, and its composition is defined under Article 171 of the Indian Constitution.
Strength of the Council
- The maximum strength of a Legislative Council is one-third of the total strength of the Legislative Assembly of the state.
- The minimum strength is fixed at 40 members.
- The actual number of members in a state’s Legislative Council is determined by Parliament through legislation.
- This structure ensures that the Legislative Assembly (Vidhan Sabha) retains primacy in the state legislature.
Manner of Election of Members
- The members of the Legislative Council are not directly elected by the people. They are elected or nominated from different constituencies and categories, ensuring representation from diverse sections of society.
- The members are elected in accordance with the system of proportional representation by means of a single transferable vote.
Here’s the breakdown:
Local Bodies (Municipalities, District Boards, etc.) | 1/3 | Elected by members of local bodies in the state |
Graduates | 1/12 | Elected by graduates of three years’ standing & residing in the state |
Teachers | 1/12 | Elected by teachers of three years’ standing (not below secondary level) |
MLAs (Assembly Members) | 1/3 | Elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly |
Nominated by Governor | 1/6 | Persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service. |
Role of the Parliament
- The present scheme of composition is tentative, not final.
- Parliament is empowered to modify or replace this composition by law.
- However, no such modification has been made so far.
Duration of the Two Houses of the State Legislature
Duration of the Legislative Assembly (Vidhan Sabha)
- The Legislative Assembly, like the Lok Sabha at the Centre, is not a permanent body.
- Its normal term is 5 years from the date of its first meeting after general elections.
- Early Dissolution
- The Governor has the power to dissolve the Assembly at any time before the completion of its five-year term to enable fresh elections.
- Automatic dissolution occurs once the 5-year term expires, unless extended under specific conditions.
- Extension during National Emergency
- During a National Emergency under Article 352, the term of the Assembly can be extended by Parliament by law.
- Such extension can be for one year at a time, for any length of time while the emergency is in operation.
- However, once the emergency ends, the extended term cannot exceed six months beyond the end of the emergency.
- Example: If a national emergency ends in January, elections for the Assembly must be held by July.
Duration of the Legislative Council (Vidhan Parishad)
- The Legislative Council, like the Rajya Sabha, is a continuing body. It is not subject to dissolution.
- However, 1/3rd of its members retire every two years.
- At the beginning of the third year, fresh elections and nominations are held to fill the 1/3rd of the seats that fall vacant due to retirement.
- Term of Members
- Each member of the Council has a term of 6 years.
- Re-Election and Re-Nomination
- Retiring members are eligible for re-election or re-nomination any number of times.
- This staggered system ensures continuity and experience in the functioning of the Upper House.
Membership of the State Legislature
To become a member of a State Legislature—whether in the Legislative Assembly (Vidhan Sabha) or the Legislative Council (Vidhan Parishad)—a person must meet certain constitutional and statutory qualifications.
Constitutional Qualifications
- As per the Constitution of India, a person must fulfill the following minimum conditions to be chosen as a member of the state legislature:
- Citizenship:Must be a citizen of India.
- Oath or Affirmation:Must make and subscribe to an oath or affirmation before a person authorized by the Election Commission.
- The person swears:
- To bear true faith and allegiance to the Constitution of India,
- To uphold the sovereignty and integrity of India.
- Minimum Age Requirement:
- 30 years – for contesting elections to the Legislative Council.
- 25 years – for contesting elections to the Legislative Assembly.
- Other qualifications prescribed by Parliament: He/she must possess other qualifications prescribed by Parliament.
Additional Qualifications as per Representation of the People Act, 1951:
The Parliament has laid down additional qualifications:
- For Legislative Assembly:
- Must be an elector (registered voter) for any Assembly constituency in that particular state.
- For Legislative Council:
- Must be an elector for an Assembly constituency in the concerned state.
- If seeking nomination by the Governor, the person must be a resident of the concerned state.
- For Reserved Seats:
- To contest a seat reserved for Scheduled Castes (SC) or Scheduled Tribes (ST), the person must belong to the respective community.
- However, SC/ST candidates can also contest from general (unreserved) seats.
- Important Notes for Students:
- Elector vs. Resident: While both Assembly and Council members must be electors, only nominated members of the Council need to be residents of the state.
- These criteria ensure representativeness, integrity, and allegiance to the Indian Constitution.
Disqualifications for Membership of the State Legislature
- Under the Constitution of India and the Representation of the People Act, 1951, certain conditions can lead to disqualification from contesting elections or continuing as a Member of Legislative Assembly (MLA) or Member of Legislative Council (MLC).
Constitutional Disqualifications (Article 191)
A person is disqualified from being chosen as or for being a member of the State Legislative Assembly or Council if:
- Holds any office of profit under the Union or State Government, except:
- Ministerial office
- Office exempted by the State Legislature
- Declared to be of unsound mind by a competent court of law.
- Is an undischarged insolvent.
- Citizenship Issues:
- Not a citizen of India, or
- Has voluntarily acquired citizenship of a foreign country, or
- Acknowledges allegiance to a foreign state.
- Disqualified under Parliamentary Law:
- Disqualified under any law made by Parliament, e.g., Representation of the People Act, 1951.
Disqualifications under Representation of the People Act, 1951
The Act lays down additional grounds similar to those for Parliament:
- Electoral Offences:
- Found guilty of corrupt practices or electoral offences in elections.
- Criminal Conviction:
- Convicted for any offence punishable with 2 years or more imprisonment.
- (Preventive detention is not a disqualification.)
- Election Expenditure:
- Failure to submit election expense accounts within prescribed time period.
- Government Contracts:
- Has direct interest in government contracts, works, or services.
- Position in Government Corporation:
- A director or managing agent or holds office of profit in a government-controlled corporation (25%+ government share).
- Dismissed from Government Service:
- If dismissed for corruption or disloyalty to the State.
- Hate Speech or Bribery:
- Convicted for promoting enmity between groups or bribery.
- Social Crimes:
- Punished for practicing untouchability, dowry, or sati.
Decision-Making Authority
- The Governor’s decision is final on whether a person has incurred any of the above disqualifications.However, he/she should obtain the opinion of the Election Commission and act accordingly.
Disqualification on Grounds of Defection – Tenth Schedule
- The Constitution provides that a person shall be disqualified from being a member of either House of a State Legislature if he/she is disqualified on the ground of defection under the provisions of the Tenth Schedule.
- The authority to decide on such disqualification is:
- Chairman – in case of the Legislative Council.
- Speaker – in case of the Legislative Assembly.
- (Not the Governor).
- Kihoto Hollohan Case (1992):
- The Supreme Court held that the decision of the Speaker/Chairman under the Tenth Schedule is subject to judicial review, though courts cannot interfere at an interim stage of proceedings.
Oath or Affirmation of State Legislature Members
- Before taking their seat, every member of either House of the State Legislature must make and subscribe an oath or affirmation before the Governor or a person appointed by him for this purpose.
Contents of the Oath
The member swears:
- To bear true faith and allegiance to the Constitution of India.
- To uphold the sovereignty and integrity of India.
- To faithfully discharge the duties of office.
Conditions
Unless a member takes this oath, he/she:
- Cannot vote,
- Cannot participate in the proceedings of the House,
- Cannot claim privileges and immunities of the legislature.
Penalty (₹500 per day)
A person is liable to pay a penalty of ₹500 for each day if he/she sits or votes as a member in the House:
- Before taking the prescribed oath or affirmation, or
- Knowing that he/she is not qualified or is disqualified for membership, or
- Knowing that he/she is prohibited by law (made by Parliament or State Legislature) from sitting or voting.
Salaries and Allowances
- Members of a State Legislature are entitled to receive salaries and allowances as determined by the respective State Legislature from time to time.
Vacation of Seats in State Legislature
A member of the State Legislature vacates his/her seat in the following cases:
- Double Membership
- A person cannot be a member of both Houses of the State Legislature simultaneously.
- If elected to both Houses, the seat in one House falls vacant as per the provisions of law made by the State Legislature.
- Disqualification
- If a member becomes subject to any constitutional disqualification (e.g., under Articles 190–191 or Tenth Schedule), the seat becomes vacant.
- Resignation
- A member may resign from his/her seat by writing to:
- Speaker of the Legislative Assembly, or
- Chairman of the Legislative Council.
- The seat falls vacant once the resignation is accepted.
- Absence
- If a member is absent for 60 days or more from all meetings of the House without permission, the House may declare the seat vacant.
- Other Cases
- A member has to vacate his/her seat if:
- His/her election is declared void by a court.
- He/she is expelled by the House.
- He/she is elected as President or Vice-President of India.
- He/she is appointed as the Governor of a State.
Presiding Officers of State Legislature
Each House of the State Legislature has its own presiding officers who ensure smooth conduct of proceedings. These are:
- Speaker and Deputy Speaker → Legislative Assembly
- Chairman and Deputy Chairman → Legislative Council
- A Panel of Chairpersons (in Assembly) and Panel of Vice-Chairpersons (in Council) is also nominated to assist in the absence of regular presiding officers.
Salary and Allowances
- Presiding officers are fixed by the State Legislature
- Charged on the Consolidated Fund of the State.
- Not subject to annual vote of the State Legislature
Speaker of the Legislative Assembly
Election and Tenure
- Elected by members of the Assembly from among themselves.
- Normally holds office during the life of the Assembly.
- Vacates office if:
- He/she ceases to be a member of the Assembly,
- He/she resigns in writing to the Deputy Speaker,
- He/she is removed by a resolution passed by an effective majority (i.e., majority of total strength).14 days advance notice is required to move the resolution for removal.
- Powers and Functions of the Speaker
- Maintains order and decorum in the House; final authority on proceedings.
- Final interpreter of:
- Constitution of India (within Assembly context)
- Rules of Procedure and Conduct of Business
- Legislative precedents
- Adjourns/suspends House in case of lack of quorum.
- Does not vote initially; has a casting vote in case of a tie.
- Can permit a secret sitting upon request of the leader of the House.
- Decides whether a Bill is a Money Bill — decision is final.
- Decides disqualification under the Tenth Schedule (Anti-defection Law).
- Appoints Chairpersons of Assembly Committees; ex-officio Chair of:
- Business Advisory Committee
- Rules Committee
- General Purpose Committee
Deputy Speaker of the Legislative Assembly
Election and Tenure
- Deputy Speaker is elected by Assembly members.
- Deputy Speaker is elected after the Speaker’s election.
- Holds office during Assembly’s life unless:
- Ceases to be a member,
- Resigns to the Speaker,
- Removed by resolution with an effective majority (with 14 days’ notice).Such a resolution can be moved only after giving 14 days’ advance notice.
- Functions
- Acts as Speaker when the office is vacant or Speaker is absent.
- Exercises all powers of the Speaker in such cases.
Panel of Chairpersons (Assembly)
- Nominated by the Speaker from among Assembly members.
- Any member from the panel can preside in the absence of both Speaker and Deputy Speaker.
- Has the same powers as the Speaker while presiding.
- Remains in office until a new panel is nominated
Presiding Officers of the Legislative Council
- The Legislative Council (Vidhan Parishad), being the Upper House in a bicameral state legislature, has the following presiding officers:
- Chairman
- Deputy Chairman
- Panel of Vice-Chairmen (nominated from among members)
Chairman of the Legislative Council
Election and Tenure
- Elected by the members of the Legislative Council from among themselves.
- Holds office until:
- Ceases to be a member of the Council,
- Resigns in writing to the Deputy Chairman,
- Removed by a resolution passed by an effective majority (i.e., majority of total strength of the House), with 14 days’ advance notice.
Powers and Functions
- As Presiding Officer, the Chairman’s powers are similar to those of the Speaker of the Assembly.
- Presides over Council sessions and ensures order and decorum.
- Final authority on interpretation of rules of procedure in the Council.
- Can adjourn/suspend the House in case of lack of quorum.
- Does not vote in the first instance, but exercises a casting vote in case of a tie.
- Appoints Chairpersons of Council Committees and supervises their functioning.
Limitation: Unlike the Speaker of the Assembly, the Chairman does not have the power to decide whether a Bill is a Money Bill — this power rests solely with the Speaker of the Legislative Assembly.
Deputy Chairman of the Legislative Council
- Election and Tenure
- Elected by the Legislative Council members.
- Vacates office if:
- Ceases to be a member of the Council,
- Resigns in writing to the Chairman,
- Removed by resolution passed by an effective majority, with 14 days’ prior notice.
- Functions
- Acts as Chairman when the position is vacant or when the Chairman is absent.
- Has all powers of the Chairman while presiding over Council proceedings.
Panel of Vice-Chairmen
- Nominated by the Chairman from among Council members.
- Any one of them can preside in the absence of the Chairman and Deputy Chairman.
- Enjoys same powers as the Chairman while presiding.
- Holds position in the panel until a new one is nominate
Summoning of the House
- The Governor summons each House of the state legislature from time to time.
- The maximum interval between two sessions cannot exceed six months.This means the state legislature must meet at least twice a year.
- A session consists of multiple sittings.
Adjournment vs Prorogation vs Dissolution
Term | Meaning | Who Exercises It? | Impact |
|---|
Adjournment | Temporary suspension of a House sitting (hours/days/weeks) | Presiding Officer (Speaker/Chairman) | Same session continues later |
Adjournment sine die | Adjournment sine die means terminating a sitting of the state legislature for an indefinite period. House adjourned without assigning a day for next meeting | Presiding Officer | The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of the session is completed. Within the next few days, the governor issues a notification for prorogation of the session. |
Prorogation | Ends the session formally | Governor (usually after adjournment sine die). However, the governor can also prorogue the House which is in session. | Ends a full session |
Dissolution | Ends the entire life of the Legislative Assembly | Governor | New Assembly elected; Does not apply to Legislative Council (permanent body) |
Lapsing of Bills on Dissolution of Assembly
Bill Status | Lapse on Dissolution? |
|---|
Pending in Assembly | Yes |
Passed by Assembly, pending in Council | Yes |
Pending in Council, not passed by Assembly | No |
Passed by both Houses/Assembly (in a unicameral state), pending Governor/President’s assent | No |
Returned by President for reconsideration | No |
Quorum
- Quorum is the minimum number of members required to be present in the House before it can transact any business
- It is 10 members or 1/10th of total strength (including presiding officer), whichever is greater.
- If quorum is not met, the presiding officer must adjourn or suspend the sitting until there is quorum.
Voting in the House
- All matters are usually decided by simple majority of members present and voting.
- Presiding officer does not vote in the first instance but may exercise a casting vote in case of a tie.
- Certain matters require:
- Effective majority (e.g., removal of Speaker)
- Special majority (e.g., constitutional amendments)
Rights of Ministers and Advocate General
- Constitutional Provision
- In addition to the elected and nominated members of a House, the Ministers and the Advocate General of a state enjoy special participatory rights in the State Legislature.
- What They Can Do:
- Can speak in either House (Legislative Assembly or Legislative Council).
- Can take part in the proceedings of either House or any of its committees of which he/she is named a member.
- What They Cannot Do:
- Cannot vote in House proceedings (unless they are elected members of the House).
- Why This Provision Exists:
- Executive–Legislature Linkage
- A Minister may not be a member of the House initially but still needs to defend or explain government actions.
- Time for Election/Nomination
- A Minister who is not a member of either House at the time of appointment can still function and participate, but must get elected/nominated within 6 months (Article 164(4)).
Legislative Procedure in State Legislature for an Ordinary Bill
Initiation of Ordinary Bill
Originating House
- An Ordinary Bill can be introduced in either House (if the state legislature is bicameral).
- In a unicameral state, it is introduced in the Legislative Assembly.
- Can be introduced by any member — Minister or Private Member.
- Three Readings (Stages) in Each House:
- First Reading: Introduction — no discussion.
- Second Reading: Detailed clause-wise scrutiny and debate.
- Third Reading: Final approval by majority vote.
Transmission to Second House (If Bicameral)
- When a bill is passed by the originating House, it is transmitted to the other House.
- In the second House also, the bill passes through all the three stages, that is, first reading, second reading and third reading.
- When a bill is passed by the legislative assembly and transmitted to the legislative council, the Council has four options:
- Pass the Bill as it is.
- Pass with amendments and send it back.
- Reject the Bill outright.
- Take no action (i.e., keep it pending).
- If the council passes the bill without amendments or the assembly accepts the amendments suggested by the council, the bill is deemed to have been passed by both the Houses and the same is sent to the the governor for his/her assent.
- Ff the assembly rejects the amendments suggested by the council or the council rejects the bill altogether or the council does not take any action for three months, then the assembly may pass the bill again and transmit the same to the council. If the council rejects the bill again or passes the bill with amendments not acceptable to the 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 assembly for the second time.
- No Joint Sitting is allowed for state bills (unlike Parliament under Article 108).Thus, the Legislative Assembly has overriding powers, and the Council is only a delaying chamber (max 4 months delay).
Power Dynamics: Legislative Assembly vs Legislative Council
- Ultimately, the Legislative Assembly holds the decisive authority in the passage of ordinary bills. While the Legislative Council may examine, suggest amendments, or delay the bill, its power is limited:
- The Council can delay an ordinary bill for a maximum of four months:
- Three months during the first consideration.
- One additional month if the bill is reintroduced and passed again by the Assembly.
- If the Council rejects the bill, or suggests amendments not acceptable to the Assembly, or fails to act, the Assembly can still pass the bill again and send it back. After that, the bill is deemed to be passed in the form originally approved by the Assembly.
- The Constitution does not provide for a joint sitting of both Houses at the state level to resolve deadlocks — unlike at the central level where Article 108 provides for a joint sitting of the Lok Sabha and Rajya Sabha.
- In contrast, if a bill originates in the Legislative Council and is rejected by the Assembly, the bill lapses and becomes dead. The Council has no recourse in such a situation.
- Conclusion:
- The Legislative Council is a revising and delaying chamber, but it lacks the powers of the Rajya Sabha. The State Assembly is supreme in the legislative process, underlining its primacy in a federal parliamentary setup.
Assent of the Governor
- Once both Houses pass the Bill (or only the Assembly, in a unicameral setup), it is sent to the Governor, who may:
- Give assent → Bill becomes law.
- Withhold assent → Bill fails.
- Return the bill for reconsideration (suspensive veto).
- If passed again, the Governor must give assent.
- Reserve the bill for the President’s consideration (discretionary or mandatory in certain cases).
Assent of the President
- When a bill passed by the State Legislature is reserved by the Governor for the consideration of the President (as per Article 200), the following options are available to the President of India:
- The President may:
- Give assent to the bill → it becomes an Act.
- Withhold assent to the bill → the bill dies.
- Return the bill (if it is not a Money Bill) for reconsideration by the State Legislature.
- Reconsideration:
- If the bill is returned, the House or both Houses must reconsider and pass it again (with or without amendments) within 6 months.
- Once resubmitted, the President is not constitutionally bound to give assent.
- The Constitution remains silent on whether the President must give assent after reconsideration.
Money Bills in the State Legislature (Article 199 & Article 200)
The Constitution provides a special procedure for the passage of Money Bills in states — emphasizing the primacy of the Legislative Assembly.
Key Features of a Money Bill:
- Can only be introduced in the Legislative Assembly, and only on the recommendation of the Governor.
- Can be introduced only by a Minister (not a private member).
- The Legislative Council has no power to amend or reject a Money Bill.
Procedure for Passing a Money Bill in States:
Introduction
- Introduced in Legislative Assembly (never in Council).
- Must have Governor’s recommendation.
Passage in Legislative Assembly
- Debated and passed like any other government bill.
Transmission to Legislative Council
- The Council cannot amend or reject a Money Bill.
- It can only make recommendations and must return the Bill within 14 days.
Assembly’s Response to Council’s Recommendations
- Accepts any recommendation → Bill is deemed passed in modified form.
- Rejects all recommendations → Bill is deemed passed in original form.
- No response within 14 days → Bill is deemed passed as originally passed by the Assembly.
- Key Point:
- Maximum delay by Council = 14 days
Governor’s Assent
- Once passed , the Governor may:
- Give assent → Bill becomes an Act.
- Withhold assent → Bill dies.
- Reserve the Bill for President’s consideration.
- Unlike ordinary bills, the Governor cannot return a Money Bill for reconsideration.
President’s Assent (If Reserved)
- If a Money Bill is reserved by the Governor, the President may:
- Give assent → Bill becomes an Act.
- Withhold assent → Bill dies.
- The President cannot return a Money Bill for reconsideration.
Summary: Assembly Dominates
- The Legislative Assembly enjoys complete dominance in Money Bill matters.
- The Legislative Council can delay but not derail the bill.
- Both the Governor and President cannot return a Money Bill for reconsideration once reserve
Privileges of the State Legislature (Article 194)
Privileges are special rights, immunities, and exemptions enjoyed by the Houses of the state legislature, their members, and certain other persons to ensure the independent and effective functioning of the legislature.
- Why Are Legislative Privileges Important?
- They help:
- Maintain the authority and dignity of the legislature.
- Protect members from external interference while discharging legislative duties.
- Ensure free speech, debate, and impartial legislative process.
- Who Enjoys These Privileges?
- Members of the State Legislature.
- Ministers of the state.
- Advocate General of the state .
- Note: Governor is not entitled to legislative privileges, though part of the legislature.
Categories of Legislative Privileges
Collective Privileges (Enjoyed by each House as a body)
- Right to publish proceedings
- House can publish reports, debates, and proceedings.
- Also has the right to prohibit others from publishing the same.
- Power to exclude strangers
- Can hold secret sittings to discuss sensitive matters.
- Right to make procedural rules
- It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters.
- Power to punish for breach of privilege or contempt
- It can punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition or imprisonment (also suspension or expulsion, in case of members)
- Right to receive information on arrest of members
- Must be informed of arrest, detention, conviction, or release of a member.
- Right to summon witnesses and documents
- It can institute inquiries and order the attendance of witnesses and send for relevant papers and records.
- Immunity from judicial interference
- Courts cannot inquire into legislative proceedings.
- Protection of precincts of the House
- 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.
Individual Privileges (Enjoyed by MLAs/MLCs)
- Freedom from arrest (in civil cases)
- No arrest during the session and 40 days before and after its duration.
- Not applicable in criminal or preventive detention cases.
- Freedom of speech
- Members can speak freely in the House.
- No legal liability for anything said or vote cast in the House or its committees.
- This freedom is subject to the provisions of the Constitution and to the rules and standing orders regulating the procedure of the state legislature
- Exemption from jury service
- Members can refuse to appear in court or give evidence when the House is in session.
Frequently Asked Questions (FAQs) on State Legislature
1. What is the structure of State Legislature in India?
Most states have a unicameral legislature (Legislative Assembly only).
A few states have a bicameral legislature with both Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad).
2. Which states in India have a Legislative Council?
As of now, 6 states have a Legislative Council:
Andhra Pradesh, Telangana, Karnataka, Maharashtra, Uttar Pradesh, Bihar.
3. Who can become a member of the State Legislature?
Must be an Indian citizen, meet the minimum age criteria (25 years for Assembly, 30 for Council), and fulfil other qualifications under the Representation of People Act, 1951.
4. What is the role of the Governor in the legislative process?
The Governor summons, prorogues, and can dissolve the Assembly.
Gives assent to bills, may return ordinary bills, and reserve bills for the President’s consideration.
5. Can a Money Bill be introduced in the Legislative Council?
6. What is the maximum period for which the Legislative Council can delay a bill?
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