State Legislature – Legislative Assembly and Legislative Council

State Legislature

• • The state legislature occupies a preeminent and central position in the political system of a state as Parliament has at central level.
  • 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.

Organisation of State Legislature

• • State legislature occupies a preeminent and central position in the political system of state. Though these are similar to that of Parliament, there are some differences as well.
  • Though a uniform pattern of government is prescribed for the states, the Constitution makes a distinction between the bigger and the smaller States.
  • There is no uniformity in the organisation of state legislatures – mix pattern of Unicameralism and Bicameralism.
  • States having unicameral system (22 states) the State Legislature consist of the –
    • • • • • Governor and
            • Legislative Assembly
  • States having bicameral system (Six states) the State Legislature consist of the –
    • • • • • Governor,
            • Legislative Assembly and
            • Legislative Council.
  • There are 6 states with bicameral Legislatures –
    1. 1. 1. 1. 1. Andhra Pradesh
                2. Telangana
                3. Bihar
                4. Karnataka
                5. Maharashtra
                6. Uttar Pradesh
  • The Jammu and Kashmir Legislative Council was abolished by the Jammu and Kashmir Reorganisation Act, 2019.
  • 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 (first chamber or popular house).

Abolition & Creation of State Legislative Council (Article 169)

• • Parliament can abolish a Legislative Council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution by a Special Majority to that effect.
  • 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 (by Simple Majority).
  • Such resolution needs special majority in the Legislative Assembly and simple majority in Parliament.

Composition of Legislative Assembly

Elected Members

• • The legislative assembly consists of representatives directly elected by the people on the basis of universal adult franchise.
  • Minimum and maximum strength of the State legislative assembly is 60 and 500 respectively.
  • Minimum strength fixed for:
    • • • Arunachal Pradesh, Sikkim and Goa  – 30 members
        • Mizoram – 40
        • Nagaland – 46
  • Some members of the legislative assemblies in Sikkim and Nagaland are also elected indirectly.

Nominated Member

• • The Governor nominates one member from the Anglo-Indian community, if the community is not adequately represented in the assembly.
  • However, with the passage of the Constitution (126^th Amendment) Bill does away with the provision for nomination of Anglo Indians to Lok Sabha and some State Assembly.
  • 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.

Territorial Constituencies for Legislative Assembly

• • • For holding direct elections to the assembly, each state is divided into territorial constituencies.
    • The Demarcation of Constituencies is done in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the state.
    • The Constitution ensures that there is uniformity of Representation between different constituencies in the state.

Readjustment after each census

• • • After each census, a readjustment is to be made in the –
      • • total number of seats in the assembly of each state
        • the division of each state into territorial constituencies.
    • The Parliament is empowered to determine the authority and the manner in which it is to be made.
    • Accordingly, Parliament has enacted the Delimitation Commission Acts in 1952, 1962, 1972 and 2002 for this purpose.
    • 42nd Amendment Act of (1976) – had frozen the total number of seats in the assembly of each state and the division of such state into territorial constituencies till the year 2000 at the 1971 level.
    • 84th Amendment Act of 2001 – ban on readjustment has been extended for another year (upto year 2026) with the objective of encouraging population limiting measures.
    • 87th Amendment Act of 2003 – provided for the delimitation of constituencies on the basis of 2001 census

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.

Term of Legislative Assembly

• • The legislative assembly is not a continuing chamber. Its normal term is 5 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 5 years) to pave the way for fresh elections.
  • Further, the term of the assembly can be extended during the period of national emergency by a law of Parliament for one year at a time (for any length of time).
  • However, this extension cannot continue beyond a period of 6 months after the emergency has ceased to operate and the assembly should be reelected within 6 months after the revocation of emergency.

Composition of Legislative Council

• • The members of the legislative council are indirectly elected.
  • Strength of the legislative council is minimum of 40 to maximum of one third that of the legislative assembly. It means that the size of the council depends on the size of the assembly of the concerned state.
  • This arrangement ensures the predominance of the directly elected House (assembly) in the legislative affairs of the state.
  • The constitution has fixed the maximum and minimum limits but actual strength is fixed by Parliament.

Election of Members

• • • Of the total number of members of a legislative council –
      • • Members are elected by legislative assembly members – 1/3
        • Members elected from local bodies – 1/3
        • Members elected by graduates of three years standing and residing in state – 1/12
        • Members elected by teachers of three years standing and not lower in standard than secondary school – 1/12
        • Members nominated by governor from amongst persons who have a special knowledge – 1/6
        • 5/6 of the total number of members of a legislative council are indirectly elected and 1/6 are nominated by the governor.
    • This scheme of composition of a legislative council as laid down in the Constitution is tentative and not final. The Parliament is authorised to modify or replace the same.

Term of Legislative 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.

Position of Legislative Council vs. Legislative Assembly

• • Following are the position comparison between Legislative Council and Legislative Assembly –

 

 

 

So, this is all about the introductory post on the State Legislature – Legislative Assembly & Council. If you want to read more notes on Indian Polity – Click Here.

In the Next Post (Click Here), we will learn about the Membership of State Legislature.

If you Like this Post than please share it with your friends and family and like our Facebook Page to get regular updates. Sharing is Caring J.