Study Notes on State Legislatures

Chapter 5: The State Legislatures

Syllabus Overview

  • The State Legislatures
    • Legislative Assembly and Legislative Council
    • Definitions of Unicameral and Bicameral Legislatures
    • Term, composition, qualification for membership
    • Powers and functions of State Legislatures

Introduction to State Legislatures

  • India is a Union of States comprising: 28 States and 8 Union Territories.
  • Each State has its own Legislature.
  • Special provision for Delhi as a Union Territory, allowing for:
    • Legislative Assembly
    • Council of Ministers
  • Other Union Territories with Legislate Assemblies include: Puducherry, Jammu, and Kashmir.

Types of Legislatures

  • Unicameral Legislature: A Legislature with only one House.
  • Bicameral Legislature: A Legislature consisting of two Houses.
Composition as per the Indian Constitution
  • The Constitution mandates that the State Legislature consists of the Governor and:
    • Six States have a bicameral legislature: Andhra Pradesh, Bihar, Maharashtra, Karnataka, Telangana, and Uttar Pradesh.
    • Other States have a unicameral legislature.
    • No Union Territories possess a Legislative Council.
  • Bicameral Structure:
    • Legislative Council (Vidhan Parishad)
    • Legislative Assembly (Vidhan Sabha)

Abolition or Creation of Legislative Councils (Vidhan Parishad)

  • Provisions exist within the Constitution to:
    • Abolish an existing Legislative Council.
    • Create a Legislative Council where none exists.
  • Process for abolition or creation:
    • Legislative Assembly must pass a resolution by a majority of total membership and by a two-thirds majority of members present and voting.
    • Followed by an Act of Parliament.
  • Historical Context:
    • Andhra Pradesh: Unicameral until 1956-1958, bicameral from 1958-1985; Council abolished and re-established in 2007.
    • Jammu and Kashmir: Legislative Council abolished in 2019 during reorganization into Union Territories.

Powers and Functions

Financial Powers
  1. No Money Bill can be introduced without the Governor's recommendation.
  2. The Annual Budget must be laid before the State Legislature.
  3. The State Contingency Fund, managed by the Governor, is for unforeseen expenditures.
Judicial Powers
  1. Power to grant pardons or modify sentences under State laws.
  2. The Governor is not legally accountable for actions taken in office.
  3. The Governor advises the President on appointments of High Court judges.
  4. Appoints district judges in consultation with High Court judges.
Discretionary Powers
  1. Evaluates if the State Government adheres to constitutional provisions.
  2. Can recommend dissolution of the Legislature for fresh elections under unclear majorities.
  3. May reserve Bills for Presidential consideration.
Emergency Powers
  • The Governor can suggest to declare a Constitutional Emergency if the State's governance breaks down.
  • During General Emergency or Presidential Rule, the Governor acts independently, following Presidential directives.

Legislative Assembly (Vidhan Sabha)

Composition
  • The Legislative Assembly consists of:
    • Maximum of 500 and minimum of 60 members elected through direct elections.
  • Special provisions exist for:
    • Sikkim: Minimum 32 members.
    • Goa and Mizoram: 40 members each.
  • Statewise Assembly size:
    • Uttar Pradesh: 403
    • Bihar: 243
    • Madhya Pradesh: 230
    • Maharashtra: 288
    • West Bengal: 294
Qualifications for Membership

To be eligible for the Legislative Assembly:

  1. Must be a citizen of India.
  2. At least 25 years of age.
  3. Name must be on the voter’s list.
  4. Cannot hold an office of profit under any government.
  5. Must not be declared of unsound mind by a court.
  6. Must not be an undischarged insolvent.
Elections
  • States divided into territorial constituencies ensuring equal ratios of population to seats.
  • Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).
  • 104th Constitutional Amendment (2019): Abolished Anglo-Indian nominations to State Assemblies.
Term
  • Legislative Assembly term: 5 years, unless dissolved sooner by the Governor.
  • President's rule may lead to Assembly suspension or dissolution.
  • Emergency laws may extend Assembly life for no more than one year at a time.
Disqualifications
  • Disqualified if:
  1. Accepting foreign citizenship.
  2. Declared of unsound mind by a court.
  3. Violating Anti-Defection Law.
Vacation of Seats
  1. Members must vacate if disqualified or resign.
  2. No overlapping membership allowed.

State Legislative Composition

Allocation of Seats in Legislative Assemblies and Councils
  • Different States have various allocations:
    • Andhra Pradesh Assembly: 175, Council: 58
    • Bihar Assembly: 243, Council: 75
    • Karnataka Assembly: 224, Council: 75
    • Uttar Pradesh Assembly: 403, Council: 100

Powers and Functions of State Legislature

Legislative Powers
  • Can legislate on matters in:
    1. State List
    2. Concurrent List
  • In case of conflict with Union laws, Union laws prevail.
  • Bills follow similar stages as those at the Centre.
Financial Powers
  1. State Budget: Legislative Assembly approves financial estimates.
  2. Taxation Permissions: No new taxes without Legislative approval.
  3. Salaries for members set by the Legislature.
Control Over the Executive
  • The Executive is collectively responsible to the Legislative Assembly:
    • Various mechanisms for control include:
    • Questions
    • No-Confidence Motions
    • Adjournment Motions
    • Debates & Discussions
    • Cut Motions
    • Censure Motions
Sessions and Quorum
  • Governor summons sessions at intervals not exceeding six months.
  • Quorum is 10 or one-tenth of Assembly strength.

Role of the Speaker

Responsibilities
  1. Presides over meetings and maintains decorum.
  2. Acts as liaison between Assembly and Governor.
  3. Regulates Assembly proceedings and controls agenda.
  4. Certifies status of Bills as money or ordinary bills.
  5. Enforces disciplinary functions and rules.
Similarities with Lok Sabha Speaker
  • Functions largely comparable to Lok Sabha Speaker's role with distinct rules for Assembly.

State Legislative Council (Vidhan Parishad)

Composition
  • Maximum size not exceeding one-third of the Assembly, with a minimum of 40 members.
  • Members elected from various sectors:
    • Local bodies (1/3)
    • Legislative Assembly (1/3)
    • Graduates (1/12)
    • Teachers (1/12)
    • Nominated by Governor (1/6)
Powers and Position
  1. Not a mandatory body; serves as an optional legislative entity.
  2. Limited power to impact governance similar to Rajya Sabha.
  3. Initiates and can delay Bills passing from the Assembly.
  4. Non-involvement in Presidential elections.
Unicameral vs. Bicameral Legislatures
Key Differences
  • Membership: Unicameral membership is elected, limited; bicameral includes nominations.
  • Dissolution: Unicameral can be dissolved; bicameral has a permanent Council.
  • Legislation Control: Bicameral provides checks on legislation via Council review.

Presidential Rule in States

  • Historical instances of Presidential Rule illustrate its use:
    • First invoked in Punjab (1951)
    • Multiple states subjected throughout the years during political unrest.

Conclusion

  • Understanding the structure, powers, and functions of State Legislatures is crucial for grasping India's parliamentary democratic system.