L-10 - Legislature - Class Notes_47567330_2025_06_09_12_57
Legislature plays a crucial role in shaping laws and policies that govern society. It is responsible for drafting, debating, and voting on legislation, as well as representing the interests of citizens.
GS - 2 (Polity) (Legislature)
Legislature
Parliament
Union Level
Legislature
India
Parliamentary form of government
Parliament
Article 79-122
Part V
State Legislature
State Level
Legislature
India (both at the Central and the State Level)
Parliamentary form of government
State Legislature
Article 168-212
Part VI
Organization of Parliament
Article 79
Parliament – 3 parts
President of India
Rajya Sabha (Upper House / Council of States / Second Chamber / House of Elders)
Represents – States and Union Territories
Lok Sabha (Lower House / House of the People / First Chamber / Popular House)
Represent People of India as a whole
1954
Hindi names – Rajya Sabha and Lok Sabha adopted
President of India
Not a member – either House
Does not – attend the proceedings of both the Houses
An integral part of Parliament
A Bill passed by Lok Sabha and Rajya Sabha
Assent of the President
To become an Act
UK
Parliament – 3 components
House of Lords (Upper House)
House of Commons (Lower House)
Crown
Part of the Legislature
USA
President of America
Not a part – Legislature (Congress)
US Congress
Two Houses
Senate (Upper House)
House of Representatives (Lower House)
UK and India
Interdependence – Legislature and Executive
President and Crown - part of Legislature
USA
Strict separation of power
President – Not a part of Congress
Organization of State Legislature
India
No uniformity
Organization of State Legislature
Some States
Unicameral system
Having only one house – Vidhan Sabha
Other States
Bicameral System
2 houses – Vidhan Sabha and Vidhan Parishad
6 such states – Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana
Earlier
Jammu and Kashmir – Bicameral
Jammu and Kashmir Reorganization Act, 2019
Unicameral Union Territory
Tamil Nadu and Madhya Pradesh
Laws – Legislative Council
Not enforced till now
Both the states – Unicameral
Article 168
State Legislature
In some States – 2 components
Governor and Vidhan Sabha
In other States – 3 components
Governor, Vidhan Sabha, Vidhan Parishad
Vidhan Parishad
Legislative Council
Upper House
Second Chamber
House of Elders
Vidhan Sabha
Legislative Assembly
Lower House
First Chamber
Popular House
Abolition / Creation – Vidhan Parishad
Article 169
Process – to abolish or create
Vidhan Parishad
Vidhan Sabha – concerned State
Pass a resolution
Majority of the Total Membership of the House and majority of not less than 2/3rd of the Members present and voting (Special Majority)
Create or abolish – Vidhan Parishad
After passage of resolution – role of Parliament
Parliament
Power – create or abolish – Vidhan Parishad
Law – simple majority – both the Houses
Any such law – not an amendment to the Constitution – Article 368
If Vidhan Sabha
Passes a resolution
Parliament – not bound to pass law
Discretion of the Parliament
Article 169
Law passed by the Parliament – creation or abolition – Vidhan Parishad
State – not bound to implement it
Example – Tamil Nadu Legislative Council Act, 2010 (not implemented by Tamil Nadu)
Criticism - Vidhan Parishad
Not representative
Of the people
Delays
Legislative process
Expensive
Money and time consuming
Power to create or abolish – Vidhan Parishad
Given to Vidhan Sabha
According to financial strength and needs
Composition – Rajya Sabha
Article 80
Maximum membership – 250
Indirectly elected – 238 (Maximum)
Indirectly elected – States and Union Territories
Nominated – 12 (Maximum)
Nomination – President of India
Total Membership – Rajya Sabha
245
States – 225
Union Territories – 8
Nominated – 12
Fourth Schedule
Allocation of seats – Rajya Sabha
States and Union Territories
Representation of States
Elected – by elected members of Vidhan Sabha (no role – Vidhan Parishad)
Proportional representation – single transferable vote
No secret ballot
Allocation of seats
States and Union Territories
Criteria – population
Representatives of States in Rajya Sabha – different from different States
Maximum Representation – Uttar Pradesh – 31 Members in Rajya Sabha
USA
Upper House – Senate
Fixed membership of each state
Two from each state
No role – population
Representation of Union Territories
To be determined – Parliament by law
Law of the Parliament – to be elected by elected members of Vidhan Sabha
Proportional representation by single transferable vote
No secret ballot
All Union Territories
Don’t have representation – Rajya Sabha
3 Union Territories
Representation – Rajya Sabha
Delhi, Jammu and Kashmir, Puducherry
Other Union Territories
Population – Too small to be represented
Nominated Members
12 members
Nominated – President of India – advice of Union Council of Ministers
Special knowledge or practical experience
Literature, art, social service, science
Logic
Expertise of eminent people
Without going through – lengthy electoral process
USA – Senate
No nominated members
Composition – Vidhan Parishad
Article 171
Indirect elections
Strength of Vidhan Parishad – linked to – strength of Vidhan Sabha
Varies from state to state
Minimum strength – 40
Maximum strength – 1/3rd of total membership of Vidhan Sabha
Actual number – decided by Parliament by law
Strength of Vidhan Parishad – less than Vidhan Sabha
Ensure – dominance of elected House – in legislative process
5/6th members of Vidhan Parishad – indirectly elected – proportional representation by single transferable vote
1/3rd – elected – members of local bodies – Municipalities, District boards, etc.
1/12th – elected – 3 years graduate residing in the state
1/12th – elected – teachers of 3 years – not lower than secondary school
1/3rd – elected – by members of Legislative Assembly – from amongst people – who are not members of Legislative Assembly
1/6th – nominated by the Governor
Advise – State Council of Ministers
Special knowledge or practical experience
Literature, art, social service, science, cooperative movement
Territorial Constituencies for Indirect Elections
To be created – in accordance with – Parliamentary law
Composition – Vidhan Parishad
Mentioned in Article 171
Not final
Parliament
Power to change the composition
By law – simple majority
No amendment of the Constitution – Article 368
Composition – Lok Sabha
Article 81
Maximum Membership – 550
States – 530 (Maximum)
Union Territories – 20 (Maximum)
Total Membership – 543
States – 524
Union Territories – 19
Representation of States in Lok Sabha
MPs of Lok Sabha
Directly elected by the people of the State – territorial constituencies
Election – universal adult franchise (citizen – 18+ and not disqualified under the Constitution – can vote)
Voting Age
Earlier – 21 years
Now – 18 years
Reduced by – 61st Constitutional Amendment Act, 1988
Representation of Union Territories
Representatives – from Union Territories
To be elected – in a manner – determined by Parliament by law
Union Territories (Direct Election to the House of the People) Act, 1965
Representatives of Union Territories
In Lok Sabha
Chosen by – direct election – people of Union Territories
Nominated Members
Article 331 – Representation – Anglo-Indian Community – Lok Sabha
Nominated – President of India – if Anglo-Indian community - not adequately represented
At most two
Originally
Nomination till 1960
Extended for 10 years – a er every 10 years
104th Constitutional Amendment Act, 2019
Ceased – nomination – Anglo-Indian community – Lok Sabha
Anglo-Indian Person
Father or any other male progenitor
European descent
Person – domicile in India and born in the Territory of India
Article 170
Vidhan Sabha
Directly elected representatives – universal adult franchise
Maximum strength – 500
Minimum strength – 60
Strength of Vidhan Sabha
Varies from state to state
Criteria – population
Exceptions
Arunachal Pradesh, Sikkim, Goa – minimum strength – 30
Mizoram – minimum strength – 40
Nagaland – minimum strength – 46
Exception
Some members – Vidhan Sabha – Sikkim, Nagaland – elected indirectly
Nominated Members
Article 333 – Representation – Anglo-Indian Community – Vidhan Sabha
Nominated – Governor of the State– if Anglo-Indian community - not adequately represented
Only 1
Originally
Nomination till 1960
Extended for 10 years – a er every 10 years
104th Constitutional Amendment Act, 2019
Ceased – nomination – Anglo-Indian community – Vidhan Sabha
Anglo-Indian Person
Father or any other male progenitor
European descent
Person – domicile in India and born in the Territory of India
System of Election – Lok Sabha
Direct elections to Lok Sabha
State – divided into – territorial constituencies
Seats allocated to every State
Ratio of seats to population
Same for every State
Ratio – not applicable – States having population less than 6 million
Every State
Divided – territorial constituencies
Parameter – ratio of population to seats in that constituency – same for all constituencies
Uniformity
Between the States
Between constituencies within a State
Population
Last preceding Census
Article 82
Readjustment a er each Census
After every Census – 2 changes to be made
Allocation of seats in Lok Sabha to States
Division of States into territorial constituencies
To be done – by an authority – determined by Parliament by law
Delimitation Commission Act – 1952, 1962, 1972, 2002
42nd Constitutional Amendment Act, 1976
Allocation of seats in Lok Sabha to States
Division of States into territorial constituencies
On the basis of 1971 census – till 2000
To control population
84th Constitutional Amendment Act, 2001
Ban on readjustment – extended – till 2026
To control population
Data to be used – 1971 census
87th Constitutional Amendment Act, 2003
Allocation of seats in Lok Sabha to States – 1971 census
Division of States into territorial constituencies – 2001 census
Changes to be made – on the basis of
First census a er 2026
Readjustment – basis of latest census
Not impact – existing Lok Sabha
Readjustment to take place
On the date – determined by the President
Advice of Union Council of Ministers
Article 330
Reservation of seats for Scheduled Caste and Scheduled Tribes in Lok Sabha
Reservation of seats – basis of population
Ratio of seats reserved to total seats = ratio of population of community to total population
No reservation – religious grounds
Original Constitution
Reservation – till 1960
Extended till now
104th Constitutional Amendment Act, 2019 – extended reservation – till 2030
Seats reserved – SC/ST Community
Voters – all communities and categories
Member of SC/ST Community
Contest – unreserved general seat
87th Constitutional Amendment Act, 2003
Reserved seats – fixed - 2001 Census Data
Till first Census a er 2026
First Past the Post System
Method of election – Lok Sabha
Every Member of Lok Sabha
Represents a territorial area – constituency
Every constituency – 1 member
Single member constituency
Candidate winning maximum votes – winner
First Past the Post System
Does not represent – entire electorate
Proportional Representation System
All sections – representation – in proportion to their number
Different from – First past the post
Proportional representation system
Two types
Single transferable vote
List system
India
Proportional Representation by Single Transferable Vote
No List System followed in India
Why First Past the Post for Lok Sabha?
Difficulty to understand – proportional representation system – low literacy rate in the country
Proportional representation system – representation of a large number of parties – no majority to one party – instability
Problem to conduct by-elections
Reduced significance of individual candidates and more significance of parties
Reduced contact between voter and candidate
System of Election – Vidhan Sabha
Direct elections to Vidhan Sabha
State – divided into – territorial constituencies
Every State
Divided – territorial constituencies
Parameter – ratio of population to seats in that constituency – same for all constituencies
Uniformity of representation
Across constituencies within the State
Population
Last preceding Census
Article 170
Readjustment a er each Census
After every Census – 2 changes to be made
Allocation of seats in Vidhan Sabha to States
Division of States into territorial constituencies
To be done – by an authority – determined by Parliament by law
Delimitation Commission Act – 1952, 1962, 1972, 2002
42nd Constitutional Amendment Act, 1976
Allocation of seats in Vidhan Sabha to States
Division of States into territorial constituencies
On the basis of 1971 census – till 2000
To control population
84th Constitutional Amendment Act, 2001
Ban on readjustment – extended – till 2026
To control population
Data to be used – 1971 census
87th Constitutional Amendment Act, 2003
Allocation of seats in Vidhan Sabha to States – 1971 census
Division of States into territorial constituencies – 2001 census
Changes to be made – on the basis of
First census a er 2026
Readjustment – basis of latest census
Not impact – existing Vidhan Sabha
Readjustment to take place
On the date – determined by the President
Advice of Union Council of Ministers
Article 332
Reservation of seats for Scheduled Caste and Scheduled Tribes in Vidhan Sabha
Reservation of seats – basis of population
Ratio of seats reserved to total seats = ratio of population of community to total population
No reservation – religious grounds
Original Constitution
Reservation – till 1960
Extended till now
104th Constitutional Amendment Act, 2019 – extended reservation – till 2030
Seats reserved – SC/ST Community
Voters – all communities and categories
Member of SC/ST Community
Contest – unreserved general seat
87th Constitutional Amendment Act, 2003
Reserved seats – fixed - 2001 Census Data
Till first Census a er 2026
Reservation – Temporary Provision
Article 334
Reservation of seats and special representation
Cease a er certain period
Reservation of seats – SC/ST
In Lok Sabha & Vidhan Sabha
Cease a er 80 years (2030)
Representation of Anglo-Indian community in Lok Sabha and Vidhan Sabha
Cease a er 70 years (2020)
Duration of Rajya Sabha
Article 83
Rajya Sabha – cannot be dissolved by President
Continuous chamber – permanent body
1/3rd members
Retire every two years
Members of Rajya Sabha
Eligible for re-election and renomination
Any number of times
Term of office of Rajya Sabha Members - 6 Years
Not mentioned in the Constitution
Decided by Parliament by law – Representation of People Act, 1951
Representation of People Act, 1951
Empowered the President – curtail the term of Members of First Rajya Sabha (1952)
Representation of People Act, 1951
In case of any vacancy in Rajya Sabha
Due to Death, Resignation, Disqualification of a member
Person – chosen to fill the vacancy
Holds the office – remainder of the tenure
Duration of Lok Sabha
Article 83
Lok Sabha – can be dissolved
Not a permanent House
Normal tenure
5 years – from the date of first meeting – a er general elections
Dissolves automatically – end of 5 years
President
Power to dissolve – Lok Sabha
Before 5 years
Advice of Council of Ministers
This order of dissolution – cannot be challenged in court
Tenure of Lok Sabha
Increased – National Emergency (Article 352)
Law of the Parliament – 1 year at a time – any number of times
A er the emergency ends – Lok Sabha to be dissolved within 6 months – in case of extension
Duration of Vidhan Parishad
Article 172
Vidhan Parishad
Continuous House – Permanent House
Cannot be dissolved by the Governor
1/3rd members
Retire every two years
Term of every member
6 years
Not mentioned in the Constitution
Decided by Parliament by law – Representation of People Act, 1951
Members of Vidhan Parishad
Eligible for re-election and renomination
Any number of times
Representation of People Act, 1951
In case of any vacancy in Vidhan Parishad
Due to Death, Resignation, Disqualification of a member
Person – chosen to fill the vacancy
Holds the office – remainder of the tenure
Article 172
Vidhan Sabha – can be dissolved
Not a permanent House
Normal tenure
5 years – from the date of first meeting – a er general elections
Dissolves automatically – end of 5 years
Governor
Power to dissolve – Vidhan Sabha
Before 5 years
Advice of Council of Ministers
This order of dissolution – cannot be challenged in court
Tenure of Vidhan Sabha
Increased – National Emergency (Article 352)
Law of the Parliament – 1 year at a time – any number of times
A er the emergency ends – Vidhan Sabha to be dissolved within 6 months – in case of extension
Qualification for Membership of Parliament
Article 84
To be a Member of Parliament
Citizen of India
Subscribe to an oath – person authorized by Election Commission
Components of Oath
True faith and allegiance to Constitution of India
Uphold sovereignty and integrity of India
Age Limit
Rajya Sabha – 30 years
Lok Sabha – 25 years
Other qualification
Determined by Parliament by law
Representation of People Act, 1951
Registered as an elector – any parliamentary constituency
Not necessarily – same constituency from which the person is contesting
Both for Rajya Sabha and Lok Sabha Elections
Article 173
To be a Member of State Legislature
Citizen of India
Subscribe to an oath – person authorized by Election Commission
Components of Oath
True faith and allegiance to Constitution of India
Uphold sovereignty and integrity of India
Age Limit
Vidhan Parishad– 30 years
Vidhan Sabha – 25 years
Other qualification
Determined by Parliament by law
Representation of People Act, 1951
For election to Vidhan Parishad - registered as an elector – any Assembly constituency – within the State
To be nominated to Vidhan Parishad
Resident in the concerned State
Election to Vidhan Sabha
Registered Vote – in any Assembly Constituency – Within the State
Disqualification from Membership of Parliament
Article 102
Office of profit
Under Union or the State
Minister of the Union or the State – not office of profit
Any other office exempted by the Parliament – Not office of profit
Unsound mind
Declared by a court
Undischarged insolvent
Not Citizen of India
Or voluntarily acquired citizenship of foreign country
Allegiance to a foreign state
Disqualified by Parliament
By law
Disqualification under 10th Schedule – Anti-Defection Law
Additional Disqualification Criteria – Representation of People Act, 1951
Not guilty of electoral offences and corrupt practices in election
Not convicted – imprisonment of two years or more
If jail term of two or more years – disqualified
(Preventive detention – not ground for disqualification)
File – election expenses – within time limit
No interest in government contracts and services
No office of profit in a Corporation
Government – 25% stake at least
Not dismissed from government service
Corruption or disloyalty
Not convicted – promoting enmity between groups
Not convicted – offence of bribery
Not punished
Preaching social crimes – untouchability, dowry, Sati
Article 103
Question – whether a Member of Parliament – disqualified or not (on all grounds except Disqualification on grounds of Defection)
Decision of President – final
Aid and advice – Election Commission of India
Disqualification from Membership of State Legislature
Article 191
Office of profit
Under Union or the State
Minister of the Union or the State – not office of profit
Any other office exempted by the State Legislature – Not office of profit
Unsound mind
Declared by a court
Undischarged insolvent
Not Citizen of India
Or voluntarily acquired citizenship of foreign country
Allegiance to a foreign state
Disqualified by Parliament
By law
Disqualification under 10th Schedule – Anti-Defection Law
Additional Disqualification Criteria – Representation of People Act, 1951
Not guilty of electoral offences and corrupt practices in election
Not convicted – imprisonment of two years or more
If jail term of two or more years – disqualified
(Preventive detention – not ground for disqualification)
File – election expenses – within time limit
No interest in government contracts and services
No office of profit in a Corporation
Government – 25% stake at least
Not dismissed from government service
Corruption or disloyalty
Not convicted – promoting enmity between groups
Not convicted – offence of bribery
Not punished
Preaching social crimes – untouchability, dowry, Sati
Article 192
Question – whether a Member of State Legislature – disqualified or not (on all grounds except Disqualification on grounds of Defection)
Decision of Governor – final
Aid and advice – Election Commission of India
Anti-Defection Law
10th Schedule
Inserted by – 52nd Constitutional Amendment Act, 1985
Disqualification – grounds of defection – from one political party to another
Parliament and State Legislature
Disqualification on grounds of Defection
Member – gives up membership of his party
Votes against or abstain from voting – against the directions of the political party – without obtaining prior permission and party accepting it within 15 days
Independent Members
If – a er election – joins any party
Nominated Members
Can join any political party – within 6 months of membership of the House
A er that – disqualification on the ground of defection
No disqualification – ground of Defection
Merger of one party with another
Merger takes place – 2/3rd members of the legislative party – agreed for merger
If a member – leave the membership of the party
To preside over the House
To ensure impartiality
Earlier
Exception from defection
Split – 1/3rd members of the legislative party
91st Constitutional Amendment Act, 2003
Exception of Split – removed
In case of Split – members will be disqualified – grounds of Defection
Decision regarding disqualification – ground of Defection
Presiding Officer of the House
No time limit – within which decision to be taken
Kihoto Hollohan vs Zachillhu, 1992
Presiding Officer – while deciding cases of Defection – act as a Tribunal
Quasi-judicial function – Presiding Officer of the House
Decision of the Presiding Officer – subject to – judicial review
Grounds – mala fide intention, politically motivated decision, etc.
Presiding Officer
Power – make rules – Anti-Defection (under 10th Schedule)
Rules – to be placed before the House – for 30 days
Power of the House – approve, modify or reject – rules
Violation of rules
Similar to – breach of privilege
Presiding Officer
Case of Defection – can be taken up – only when complaint registered by a Member
Member – against whom – Defection cases filed – chance to hear
Presiding Officer – power – refer the case – Committee of Privileges
Any member of the Parliament or the State Legislature
Disqualified – Anti-Defection
Cannot be a Minister also – for the remainder of the tenure or till re-election in the Legislature
Cannot hold
Any Remunerative Political Post
Any office – under Central or State government – salary paid out of public revenue
Any office – wholly or partially owned by the Central or the State Government – salary paid by such office
Advantages
Stability in politics
Allows genuine mergers
Reduces corruption
Constitution recognizes – existence of political parties (electoral politics)
Disadvantages
Curbs – Right to Dissent – of the Legislator
Gives more importance to parties – than individual legislators
Banned small defections – allowed larger defections
No defection – anything done outside Legislature
Irrational discrimination – nominated and independent legislators
Decision making authority – Presiding Officer
May be partial – political reasons
May lack legal knowledge
Vacation of Seats in Parliament
Article 101
#1 Criteria of Double Membership
A person – cannot be a member – Lok Sabha and Rajya Sabha together
Representation of People Act, 1951 (Parliament – by law)
If – elected as member of both the Houses together – inform within 10 days – which membership he wants to keep
If – fails to inform within 10 days – membership of Rajya Sabha will automatically become vacant
A person – member of one House – later elected to another House
Membership in the first house – vacant
A person – elected on two seats in the same house – choose one – or both will become vacant
Cannot be a member – Parliament and State Legislature – together
Should resign from the State Legislature – within 14 days
Failure to resign – seat in Parliament – vacant