State Legislature

                         

INTRODUCTION

Every state in India has a Legislative Assembly. Each state is divided into different areas or constituencies. From each constituency, the people elect one representative who then becomes a Member of the Legislative Assembly (MLA). These MLAs, therefore, belong to different political parties. A Legislative Assembly is a place where all the MLAs, whether from the ruling party or from the opposition meet to discuss various things. Some states are unicameral, with only a single house while some (six states) are bicameral i.e. they have two houses. 

· States of Bihar, Andhra Pradesh, Maharashtra, Telangana, Karnataka and Uttar Pradesh consists of bicameral Legislature. 22 out of 28 states have unicameral Legislature (Article 168). 

· The Constitution has provided a specific procedure for creation or abolition of second chamber (State Legislative Council) under Article 169.

The State Legislative Council

The State Legislative Council, also known as the Vidhan Parishad, is the upper house in the bicameral legislature of some states in India. Modelled after the Rajya Sabha at the central level, the Council plays an advisory and reviewing role in the legislative process of the state. Currently, six states are having a legislative council. They are Bihar, Uttar Pradesh, Maharashtra, Andhra Pradesh, Telangana and Karnataka.

Composition of Legislative Council

Under Article 171 of the Constitution, the Legislative Council of a state is composed of a maximum of one-third of the total strength of the State Assembly, with a minimum requirement of 40 members. The Legislative Council of every State shall choose two members of the Council to be respectively Chairman and Deputy Chairman. If the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman.

State Legislative Council - Eligibility and Tenure

Tenure for members of the Legislative Council is established at six years, similar to the Rajya Sabha, the upper house of Parliament.

The following is the list of qualification criteria for a candidate to be a member of the State Legislative Council, as prescribed in Article 173:

• ·       Must be a citizen of India.
• ·       At least 30 years old.
• ·       He should possess such other qualifications as may be prescribed on that behalf by or under any law made by Parliament.
• ·       Additionally, the Representation of People Act, of 1951, provided the following qualification criteria:
• ·       A person must be an elector for any Assembly constituency in that State.
• ·       To be qualified for the Governor’s nomination, he must be a resident of that State.

Functions of the State Legislative Council

The State Legislative Council performs several key functions, including legislative, deliberative, and advisory roles.

Legislative Functions: Acts as a revising chamber, reviewing and proposing amendments to bills passed by the Legislative Assembly.

Deliberative Functions: Provides a platform for detailed discussion and debate on public issues, policies, and proposed laws.

Control Functions: While the council does not have the same powers as the Legislative Assembly, it can question and debate government actions and decisions.

Miscellaneous Functions: Can suggest measures for administrative improvements and contribute to the better governance of the state.

State Legislature – Legislative Assembly

In India, the State Legislative Assembly, also known as the Vidhan Sabha, is a legislative body that exists in each state and in certain union territories. It is the lower house of the state legislature, and in states with a bicameral legislature, the upper house is called the Legislative Council. The primary function of the State Legislative Assembly is to make laws on matters falling within the state's jurisdiction.

State Legislature – COMPOSITION

According to the Indian Constitution, a State Legislative Assembly should comprise not less than 60 members and not more than 500 members. However, exceptions have been made for states like Goa, Mizoram, Sikkim and Union Territories like Puducherry (based on their low population density). These places can have less than 60 nominated members in their Legislative Assembly.

The nominated members in State Legislative Assembly are popularly known as MLAs. It is an acronym for Members of the Legislative Assembly.

Eligibility

·       To be eligible to become nominated members of the State Legislative Assembly, the following criteria should be met:

• ·       The person should be a citizen of India
• ·       The person should be at least 25 years of age
• ·       The individual’s name should feature on the voter’s list of any state constituency
• ·       The person should not hold any office of profit under the Government of India
• ·       The person should not be convicted or found guilty of any offence by the court at the time of contesting the elections
• ·       The person should be of a sound mind.

Term of State Legislative Assembly

Normally, the tenure of the State Legislative Assembly is five years. However, in exceptional circumstances, the term may be altered:

Under Article 356, owing to a constitutional emergency, the President may dissolve the term before its completion

Under Article 352, in case of a national emergency, the term may be extended (not exceeding one year at a time) by the Parliament

The Governor may dissolve it on the advice of the Chief Minister on having majority support.

 

Powers of State Legislative Assembly

The State Legislative Assembly owns a powerful position in running the state machinery. 

Legislative powers

The Legislative Assembly has more law-making power than the Legislative Council.

Most of the bills have to pass through the Legislative Assembly first before going ahead. 

Executive powers

The Legislative Assembly has a position of authority over the Council of Ministers.

It has the right to question its members.

It can reject any state government policy, leading to a no-confidence motion. 

Financial powers

The State Legislative Assembly holds supreme power regarding state Money Bills.

The Legislative Assembly controls the annual budget of the state

The finances of the state are sanctioned and managed by the Legislative Assembly. 

Amendment powers

The Parliament can do some constitutional amendments only in agreement with the State Legislative Assemblies.

For instance, the decision to alter the boundaries of a state may be taken after seeking the opinion of the concerned State Legislative Assembly. 

Electoral powers

The State Legislative Assembly elects One-third of the members of the Legislative Council.

The Assembly elects its own Speaker and Deputy Speaker.

The Assembly has a role to play in the election of the President.

References

• ncert.nic.in
• Indian Polity and Governance – Constitution, Political System etc. Constitutional Development of India by  Dr Mamta Pathania
• Political Thought by Directorate of Distance Education, Tripura University