Monday, June 15, 2015

State Legislature - Vidhan Sabha & Vidhan Parishad

Legislative Assembly (Vidhan Sabha):

The Vidhan Sabha or the Legislative Assembly is the lower house of the state legislature in the different states and for the two of the union territories, Delhi and Pondicherry. 
Members of a Vidhan Sabha are direct representatives of the people of the particular state as they are directly elected by the adult suffrage. 
Each Vidhan Sabha is formed for a five year term after which all seats are up for election. 
The maximum size of Vidhan Sabha is not more than 500 members and not less than 60. However, the size of the Vidhan Sabha can be less than 60 members through an Act of Parliament, such is the case in the states of Goa, Sikkim and Mizoram. The Governor can appoint one member to represent the Anglo-Indian community if he or she finds that community to not be adequately represented in the House.

Qualification to be a member of Vidhan Sabha :
1. A person must be a citizen of India
2. She/he must have attained 25 years of age.
3. She/he should be mentally sound and should not be bankrupt.
4. She/he should also state an affidavit that there are no criminal procedures against him.

 Vidhan Sabha via-a-vis Lok Sabha:
 The position of Vidhan Sabha is relatively stronger than Lok Sabha when it comes to the relation        with the respective upper houses.

The following are differences in the legislative procedures:
1. As regard to Money Bills the position of Vidhan Sabha is same as that of Lok Sabha. The upper     houses at Union and at the states have no powers for the amendments or to withhold the Bill for         the period for more than 14 days from the date of receipt of the Bill.

2. In case of Bills other than money Bills the position of Vidhan Sabha is stronger as compared to Lok Sabha. While disagreement between the two Houses of the Union Parliament is resolved by       "Joint Sitting”, there is no such provision of solving the deadlock at the state level.The will of the     Vidhan Sabha shall ultimately prevail. The upper house at the state level can just delay the bill for     the maximum period of 4 months i.e. 3 months in first journey and 1 month in second journey.

3. While the period for passing a Bill (other than money Bill) from Rajya Sabha is six months is the case of Legislative Councils it is just three months.

Legislative Council (Vidhan Parishad):
The Legislative Council is a permanent body that cannot be dissolved;each Member of the Legislative Council (MLC) serves for a six-year term, with terms staggered so that the terms of one-third of a Council's members expire every two years. This arrangement parallels that forthe Rajya Sabha, the upper house of the Parliament of India.Six states in India have a Legislative Council:
 Andhra Pradesh,Bihar,Jammu and Kashmir,Karnataka, Maharashtra, and Uttar Pradesh.

Qualification to be a member of Vidhan Parishad:
Eligibility criteria to be the member of Vidhan Parishad:
She/he must be citizen of India
She/he must have attained at least 30 years of age
She/he must be mentally sound,
She/he must not be a bankrupt
She/he must be listed the voters'list of the state for which heor she is contesting an election.Election of members of Legislative Council
1. One-third of the members are elected by members of local bodies such as corporations, municipalities, and Zila Parishads.

2. One-third of the members are elected by members of Legislative Assembly from among the persons who are not members of the Assembly.One-twelfth of the members are elected by the persons who are graduates of three years' standing residing in that state.One-twelfth are elected by persons engaged for at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.One-sixth are nominated by the governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social service.

No comments: