Short Notes On State Legislature

State Legislature

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 to that of Parliament, there are some differences as well , but here we deal with only organisation and composition only.

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 (2013), only Seven states have two Houses (bicameral). These are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir. The Tamil Nadu Legislative Council Act, 2010 has not come into force. The 7th Amendment Act of 1956 provided for a Legislative Council in Madhya Pradesh. However, a notification to this effect has to be made by the President. So far, no such notification has been made. Hence, Madhya Pradesh continues to have one House only. Two states Assam and Rajasthan passed resolution from their respective states under Article 169.

How it form?

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 legislative assembly (Vidhan Sabha) is the lower house abolition or creation of legislative councils in states. Accordingly, the create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution 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 amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary piece of legislation (ie, by simple majority).

COMPOSITION OF TWO HOUSES

Composition of Assembly:

Strength:The legislative assembly consists of representatives directly elected by the people on the basis of universal adult 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. Further, some members of the legislative assemblies in Sikkim and Nagaland are also elected indirectly. Nominated Member The governor can nominate one member from the Anglo-Indian community, if the community is not adequately represented in the assembly

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. Originally, this reservation was to operate for ten years (i.e., up to 1960). But this duration has been extended continuously since then by 10 years each time. Now, under the 79th Amendment Act of 2009, this reservation is to last until 2020.

 Duration of Assembly:

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 after the general elections. 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.

Speaker of Assembly:

The Speaker is elected by the assembly itself from amongst its members. Usually, the Speaker remains in office during the life of the assembly.

Deputy Speaker of Assembly:

Like the Speaker, the Deputy Speaker is also elected by the assembly itself from amongst its members. He is elected after the election of the Speaker has taken place. Like the Speaker, the Deputy Speaker remains in office usually during the life of the assembly. The Deputy Speaker performs the duties of the Speaker’s office when it is vacant.

Composition of Council:

Strength:Unlike the members of the legislative assembly, the members of the legislative 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 gover-nor 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 representation by means of a single transferable vote.

 Duration of Council:

Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not 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.

Chairman of Council:

The Chairman is elected by the council itself from amongst its members.

Deputy Chairman of Council:

Like the Chairman, the Deputy Chairman is also elected by the council itself from amongst its members.

Quorum:

Quorum is the minimum number of members required to be present in the House before it can transact any business. It is ten members or one-tenth of the total number of members of the House (including the presiding officer), whichever is greater. If there is no quorum during a meeting of the House, it is the duty of the pre-siding officer either to adjourn the House or to suspend the meeting until there is a quorum.