Chapter 32 State Legislature In India

The state legislature plays a crucial role in the political system of each Indian state. It is responsible for making laws that govern the state and works alongside the central government to ensure the overall functioning of the country. Articles 168 to 212 in Part VI of the Indian Constitution outline various aspects related to state legislatures, including how they are organized, their makeup, how long they operate, the roles of different officials, how they conduct their business, their privileges, and their powers.

To begin with, Article 168 specifies that every state must have a legislature. Some states have a bicameral legislature, which means they have two houses – the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). However, other states only have a unicameral legislature with just the Legislative Assembly. The states that currently have a bicameral legislature include Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh, while many of the others, like Delhi and West Bengal, operate a unicameral system.

Article 169 gives the Parliament the authority to create or abolish a Legislative Council in a state, which means that the existence of this second house is not guaranteed in every state and can change over time based on legislative preferences. The composition and organization of state legislatures are determined by Articles 170 to 175, wherein the number of representatives in the Legislative Assembly is defined, and how they are elected is also detailed. The elections are conducted by the Election Commission of India, ensuring a fair and democratic process.

The duration of the state legislature is covered in Article 172. It states that the Legislative Assembly has a term of five years unless it is dissolved earlier. This provides a structure for regular elections and ensures that the representatives remain accountable to the people.

In terms of the officers who manage the functioning of the legislature, Articles 178 to 182 outline the roles of the Speaker of the Legislative Assembly and the Chairman of the Legislative Council. These officials are responsible for maintaining order during debates, deciding on procedural matters, and ensuring that the rules of the legislature are followed.

The procedures by which the legislature conducts its business are set out in Articles 187 to 189. They explain how sessions are conducted, how business is conducted, and how bills are introduced and discussed. The legislative process includes various stages such as introduction, debate, voting, and ultimately receiving assent.

Furthermore, Articles 194 to 212 provide details on the privileges and powers of the state legislature. These include the power to make laws on various subjects as specified in the Constitution, including state-specific matters outlined in the Constitution’s Seventh Schedule. This Schedule has three lists: the Union List, the State List, and the Concurrent List. The Union List contains subjects only the central government can legislate on, while the State List includes subjects on which state legislatures have exclusive authority. The Concurrent List contains subjects where both the state and central government can legislate, although in case of any conflict, the central law prevails.

Overall, the state legislature is essential to the functioning of democracy in India. It ensures that local needs and issues are addressed and that the government remains accountable to its citizens. Understanding the articles and laws that govern the state legislatures helps to clarify their roles and responsibilities, which ultimately contribute to the governance and development of the states within the Indian union.

Organization of State Legislatures in India

In India, state legislatures are organized in different ways. Each state can choose whether to have one house or two houses in its legislative setup. The majority of Indian states have a unicameral legislature, which means they have only one legislative body. However, a few states follow a bicameral system where there are two houses.

Currently, only six states in India operate with a bicameral system. These states are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. In contrast, there are twenty-two states that have a unicameral structure, comprising the governor and a legislative assembly.

It’s noteworthy that the Legislative Council of Jammu and Kashmir was dissolved under the Jammu and Kashmir Reorganisation Act, 2019. Additionally, although the Tamil Nadu Legislative Council Act, 2010 was passed, its provisions have not yet been put into action. In Andhra Pradesh, the Legislative Council was first established in 1957 but was abolished in 1985. However, it was later revived in 2007 through the Andhra Pradesh Legislative Council Act, 2005.

One important aspect of state legislatures is the role of the Constitution. Article 169 of the Constitution allows Parliament to create or abolish Legislative Councils in states. If a state assembly wants to either have a Legislative Council or remove it, it must pass a specific resolution. For this resolution to be valid, it requires a special majority, which means that a majority of the total members of the assembly and at least two-thirds of the members present and voting must agree.

When the Parliament decides to create or abolish a Legislative Council based on the state's assembly resolution, this does not count as a constitutional amendment under Article 368. Instead, it is treated as an ordinary law and requires only a simple majority for passage.

During discussions in the Constituent Assembly, the idea of having a second chamber for the states faced criticism. Critics argued that Legislative Councils were not truly representative of the people, contributed to delays in law-making, and added to state expenses. As a result, the provisions made for Legislative Councils in the Constitution allow states to make their own decisions about whether they want a second chamber, based on their needs and financial capacity.

For instance, after the state of Andhra Pradesh re-established its Legislative Council, it demonstrated the flexibility provided to states in organizing their legislative mechanisms. In Tamil Nadu, the Legislative Council was abolished in 1986, and despite efforts to reinstate it in 2010, the proposal was later rejected by the assembly in 2011.

In summary, the organization of state legislatures in India varies across states, with specific rules outlined in the Constitution. Article 169 empowers Parliament to intervene in establishing or disbanding Legislative Councils based on the resolutions passed by state assemblies. This adaptability reflects the diverse political and financial landscapes of the different states in India.

Composition and Strength of the Legislative Assembly in India

The Legislative Assembly, also known as the Vidhan Sabha, is an important part of the state legislative system in India. It is made up of members who are elected directly by the people through a system known as universal adult franchise. This means that every adult citizen has the right to vote and choose their representatives.

The size of the Legislative Assembly varies from state to state. Each assembly can have a maximum of 500 members and a minimum of 60 members. For states like Arunachal Pradesh, Sikkim, and Goa, the smallest assembly has been set at 30 members, while for Mizoram and Nagaland, it is set at 40 and 46 members, respectively. This variation reflects the population of each state, ensuring that the assembly's size is proportionate to the number of people living there. Interestingly, in some cases, like in Sikkim and Nagaland, members of the Legislative Assembly can also be indirectly elected.

Nominated Members and Representation

Until January 25, 2020, the Governor of a state had the power to nominate one member from the Anglo-Indian community to the Legislative Assembly if that community was not sufficiently represented. This nomination provision was originally intended for just ten years following the adoption of the Constitution but was extended multiple times by ten years. The last extension was done through the 95th Amendment Act in 2009. However, the 104th Amendment Act in 2019 did not renew this provision, meaning no new nominations from the Anglo-Indian community can be made after January 2020.

Territorial Constituencies

To conduct elections, each state is divided into specific areas called territorial constituencies. This division ensures fair representation, meaning that each constituency should have a similar population size relative to the number of seats it holds in the assembly. The Constitution requires that the population demographic used for this purpose is based on the most recent census.

Readjustment After Each Census

After each population census, there needs to be a readjustment of both the total number of assembly seats and the creation of constellations within the state. This is governed by Parliament through specific laws known as the Delimitation Commission Acts, which have been passed in 1952, 1962, 1972, and 2002.

The 42nd Amendment Act in 1976 froze the total number of assembly seats until the year 2000, using data from the 1971 census. This freeze has since been extended until 2026 with the 84th Amendment Act of 2001. This was done to encourage states to control their population growth. The 84th Amendment also allowed readjustments based on the 1991 census, while later the 87th Amendment Act in 2003 updated the basis for delimitation to the 2001 census. However, these adjustments can occur without changing the overall number of assembly seats for each state.

Reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs)

The Indian Constitution also mandates the reservation of a certain number of seats in the Legislative Assembly for Scheduled Castes and Scheduled Tribes based on their population percentages. Initially, this reservation was designated for ten years, but it has been consistently renewed every decade. As of the 104th Amendment Act in 2019, this reserved status is set to continue until the year 2030.

Conclusion

In summary, the Legislative Assembly plays a critical role in the democratic structure of Indian states, ensuring representation through elected members while also holding provisions for specific communities to have their voices heard. Articles from the Indian Constitution provide the framework for its composition, the process of elections, and the allocation of seats, making it essential for maintaining a balanced representation of the diverse population of India.

The composition of the Legislative Council in India is structured differently compared to the Legislative Assembly. Unlike the directly elected members of the Legislative Assembly, the members of the Legislative Council are chosen through indirect elections. The Constitution of India has set specific limits on the size of the Legislative Council. The maximum number of members allowed is one-third of the total number of members in the Legislative Assembly, while the minimum number is fixed at 40. This means that the size of the Legislative Council adjusts according to the size of the Legislative Assembly in each state. This design aims to ensure that the Legislative Assembly, which is made up of directly elected representatives, maintains a dominant role in the government’s legislative process.

Although the Constitution establishes these maximum and minimum limits, the actual number of Council members is determined by the Indian Parliament. The provisions regarding the composition and functioning of the Legislative Councils are primarily found in Article 171 of the Indian Constitution. This article lays down the framework for the establishment of the councils and details how their strength can be defined.

When it comes to how members of the Legislative Council are elected, there are several categories. Firstly, one-third of the members are elected by local bodies in the state, such as municipalities and district boards. Secondly, one-twelfth of the members are chosen by graduates who have been residents of the state for at least three years. Similarly, another one-twelfth of the members are elected by teachers who have taught for a minimum of three years and are not lower than secondary school level.

Moreover, one-third of the members are elected by the members of the Legislative Assembly, but from individuals who are not already part of the Assembly. Lastly, the remaining members are nominated by the Governor of the state. The Governor specifically selects these individuals based on their expertise in fields such as literature, science, art, the cooperative movement, or social service. This arrangement means that five-sixths (or about 83%) of the Legislative Council's members are elected indirectly, while one-sixth (approximately 17%) are appointed by the Governor.

The election of the council members follows a system called proportional representation, using what is known as a single transferable vote. This method helps to ensure that the elected representatives reflect a diverse range of views and preferences among the voters.

It’s important to note that the arrangements regarding the composition of the Legislative Council, as outlined in the Constitution, are not fixed and can be changed in the future. Article 171 empowers Parliament to modify or replace these provisions, although no such laws have been enacted yet.

Overall, the structure and functioning of the Legislative Council aim to balance the influence of various groups in state governance, while ensuring that the power of directly elected representatives is not diminished. By allowing different sections of society to participate in the legislative process, including graduates, teachers, and local representatives, the council can bring a variety of perspectives to legislative discussions and decisions.

Duration of the Legislative Assembly and Council in India

In India, the Legislative Assembly, which is similar to the Lok Sabha (the House of the People), does not last forever. Normally, the Legislative Assembly has a term of five years, starting from the day of its first meeting after general elections. Once this five-year period ends, the assembly automatically gets dissolved. This means that no further sessions can take place, and new elections must be held.

However, the Governor of the state has the power to dissolve the assembly earlier than the five years. This could be done to allow new elections to take place.

Additionally, there are special rules regarding the extension of the assembly's term during a national emergency. According to Article 356 of the Indian Constitution, if a national emergency is declared, Parliament can pass a law to extend the assembly's term for one year at a time. This extension is limited and cannot go on for more than six months after the emergency situation has ended. Therefore, a new assembly must be elected within six months after the emergency is lifted.

In contrast, the Legislative Council, which is akin to the Rajya Sabha (the Council of States), operates differently. The Legislative Council is a permanent body, meaning it does not dissolve entirely. Instead, it is designed to be a continuing chamber. However, one-third of its members retire every two years. This setup allows each member to serve a term of six years.

When these members retire, their positions become vacant and are filled through fresh elections and nominations at the start of the third year. The Governor has the authority to nominate some members as part of this process. It’s important to note that members who retire are also eligible to be re-elected or renominated any number of times.

This structure of the Legislative Assembly and Council is guided by various articles in the Indian Constitution. For example, Articles 168 to 212 cover the legislative powers and procedures for the states, ensuring there is a clear and organized approach to how state governments operate and function in India. Overall, this framework helps to maintain democracy and ensures that elected representatives remain accountable to the people.

The Constitution of India sets clear qualifications and disqualifications for individuals seeking to become members of the state legislature. Understanding these requirements is essential for appreciating the democratic process in India.

To be eligible to be a member of the state legislature, a person must meet certain qualifications. Firstly, they must be a citizen of India. Secondly, they are required to take an oath or affirmation, which is a formal promise, before someone designated by the Election Commission. This oath includes commitments such as loyalty to the Constitution of India and upholding the country’s integrity and sovereignty. Furthermore, candidates must be at least 30 years old for the legislative council and 25 years old for the legislative assembly. Besides these basic qualifications, additional requirements are laid out in the Representation of People Act of 1951, a law established by Parliament.

Specifically, anyone wanting to be elected to the legislative council must be registered to vote in an assembly constituency of the state. For someone to be nominated as a governor's choice, they must live in the state they aim to represent. Candidates for the legislative assembly must also be eligible voters in their assembly constituencies. Importantly, if candidates belong to scheduled castes or scheduled tribes, they may contest seats specifically reserved for these groups. However, they may also run for seats that are not reserved for them.

On the other hand, there are several disqualifications that can prevent someone from being a member of either house of the state legislature. A person cannot serve if they hold any profit-making office under either the state or union government, with some exceptions for certain ministerial positions. Additionally, disqualifications arise if the individual has been declared insane by a court, is bankrupt and has not been discharged from their insolvency, or is not an Indian citizen. Other disqualifications include having dishonestly obtained foreign citizenship or acknowledging allegiance to another country. Specific disqualifications are also mentioned in the Representation of People Act of 1951. For instance, candidates must not have been found guilty of electoral offenses, should not have served prison sentences of two years or more, and must submit accounts of their electoral expenses. They must also not hold significant interests in government contracts, nor should they be dismissed from government service for unethical reasons.

Additionally, a member can be disqualified if they engage in certain corrupt practices or commit social crimes such as promoting untouchability or dowry. The process for determining if a member has become disqualified falls under the authority of the governor, who consults the Election Commission before making a decision.

The Constitution also includes provisions related to disqualification on the basis of defection, which is the act of switching allegiance from one party to another. According to the Tenth Schedule of the Constitution, a member may lose their position if they defect. The Speaker of the legislative assembly or the Chairman of the legislative council, depending on the house, will rule on such disqualification cases.

Before any member can officially participate in the legislative process or cast votes, they must take an oath affirming their commitment to the Constitution and their duty to the public. Without taking this oath, members cannot actively engage in legislative proceedings and will face penalties for any votes cast or actions taken before complying.

Members of state legislatures receive salaries and allowances as determined by the state legislature. Additionally, they may vacate their seats under various circumstances, such as being elected to both houses (in which case they must choose one), if they become subject to disqualifications, or if they resign. Additionally, if a member is absent for 60 days without permission, or if their election is canceled by a court, they must vacate their seat.

In conclusion, the Constitution of India plays a vital role in defining who can participate in the legislative process on both a state and national level. The qualifications and disqualifications, as laid out by various articles and acts, ensure that only suitable candidates represent the people's interests and maintain the integrity of the democratic system. Understanding these rules helps citizens appreciate the processes that protect their democracy and ensures accountability among their representatives.

Presiding Officers of State Legislature

In each state in India, the legislature has two houses: the legislative assembly and the legislative council. Each house has its own presiding officers. For the legislative assembly, the leaders are called the Speaker and the Deputy Speaker. In the case of the legislative council, the leaders are called the Chairman and the Deputy Chairman. Additionally, there are panels of chairmen and vice-chairmen appointed to help with the proceedings. The salaries and benefits of these presiding officers are set by the state legislature and are paid from the Consolidated Fund of the State, which means they do not have to be approved through an annual vote.

Speaker of the Legislative Assembly

The Speaker is chosen from among the members of the assembly. Usually, the Speaker stays in this position for as long as the assembly exists. However, the Speaker may leave the position sooner for a few reasons: if they stop being a member of the assembly, if they write a resignation letter to the Deputy Speaker, or if a majority of the assembly votes to remove them from office. For such a removal, at least 14 days' notice must be given.

The Speaker has several important responsibilities and powers. They are in charge of maintaining order during meetings, making sure that discussions run smoothly and respectfully. They also interpret the rules of procedure for the assembly and have the final say on what those rules mean. If there are not enough members present for a meeting to take place (called a 'quorum'), the Speaker can adjourn the assembly or pause the meeting.

While the Speaker does not vote in most situations, they can cast a deciding vote in case of a tie. The Speaker has the authority to hold a private meeting of the assembly if the leader requests it. Importantly, the Speaker decides whether a proposed law is a Money Bill or not, and their decision on this is final. They also handle cases where a member of the assembly might be disqualified due to party switching, as outlined in the Tenth Schedule of the Indian Constitution. Additionally, the Speaker appoints the chairs for various committees in the assembly and oversees their work.

Deputy Speaker of the Legislative Assembly

The Deputy Speaker is elected from the assembly members, just like the Speaker. The Deputy Speaker usually serves for the same duration as the Speaker. They can also leave this role early for the same reasons the Speaker might. The Deputy Speaker takes over the responsibilities of the Speaker when the position is vacant or when the Speaker is absent. In these situations, the Deputy Speaker holds the same powers as the Speaker.

The Speaker can also choose a group of members to form a panel of chairmen. Any member from this panel can preside over the assembly when both the Speaker and the Deputy Speaker are unavailable.

Chairman of the Legislative Council

The Chairman of the legislative council is elected in a manner similar to that of the assembly's Speaker. The Chairman can resign, be removed, or vacate the position if they cease to be a council member. Removal requires a majority vote from the council members with 14 days' notice. The Chairman has powers and responsibilities that closely resemble those of the Speaker in the assembly. However, the one significant difference is that the Chairman does not have the power to determine if a bill is a Money Bill—the Speaker has this exclusive authority.

Deputy Chairman of the Legislative Council

The Deputy Chairman is also elected from among the council members. They can vacate their position under the same conditions that apply to the Chairman. When the Chairman is not available or the position is vacant, the Deputy Chairman steps in to fulfill the role and has all the powers of the Chairman. Similar to the Speaker, the Chairman appoints a panel of vice-chairmen, any of whom can preside over the council if both the Chairman and Deputy Chairman are absent.

Legal Framework

The roles and responsibilities of these presiding officers are guided not only by the legislative procedures of the state but also by provisions in the Indian Constitution. Articles 178 to 186 outline various details about the legislative assemblies, including the election and powers of the Speaker and Deputy Speaker. Articles 189 to 194 cover the legislative councils, detailing the roles of the Chairman and Deputy Chairman. These articles help ensure that the legislative process in India operates smoothly, with clear lines of authority and responsibility.

This structure helps maintain order and effective governance in the state's law-making process, ensuring that elected representatives can conduct their business with clarity and authority.

Sessions of State Legislature

In India, the state legislature consists of two main parts: the legislative assembly and the legislative council. The key role of the governor is to summon both Houses to meet. There must be at least two sessions of the state legislature each year, with no more than a six-month gap in between them. Each session is made up of several meetings, known as sittings.

Adjournment

Adjournment refers to a pause in the proceedings of a sitting for a specific period, which could last for a few hours, days, or even weeks. When a sitting is adjourned indefinitely, it is called "adjournment sine die." The authority to adjourn and to declare adjournment sine die lies with the presiding officer of the House, which could be the Speaker for the legislative assembly or the Chairman for the legislative council.

Prorogation

Once all the business of a session is completed, the presiding officer declares the House adjourned sine die. The governor then issues a notification to formally prorogue the session. Prorogation is different from adjournment as it ends an entire session of the House. Interestingly, the governor has the power to prorogue the House while it is still in session.

Dissolution

While the legislative council is a permanent body and does not undergo dissolution, the legislative assembly is subject to it. Dissolution refers to the end of the life of the current assembly, necessitating new elections to form a new House. Here’s how bills are affected by dissolution:

1. Any bill that is still pending in the assembly lapses, whether it originated there or was sent from the council.
2. A bill that has been passed by the assembly but is still awaiting approval in the council also lapses.
3. If a bill is pending in the council but was never passed by the assembly, it does not lapse.
4. Bills that have been passed by the assembly (in states with a single house) or both Houses (in bicameral states) but are awaiting the governor’s or the President's approval do not lapse.
5. Likewise, bills returned for reconsideration by the President do not lapse.

Quorum

Quorum is the minimum number of members that must be present for the House to conduct business. In general, this number is set at ten members or one-tenth of the total membership, whichever is higher, including the presiding officer. If there is no quorum, it is the responsibility of the presiding officer to either adjourn the meeting or suspend it until the quorum is met.

Voting in the House

When decisions are made during sittings of either House, a simple majority of the members present and voting is usually required to pass a motion. However, some important issues specified in the Constitution may require a higher majority, known as an effective or special majority. The presiding officer typically does not vote unless there is a tie, in which case they will cast the deciding vote.

Language in State Legislature

The Constitution allows for Hindi or English as the official languages for conducting business in the state legislature. However, presiding officers can permit members to speak in their native languages. States have the authority to decide whether to continue using English as a language for legislative proceedings after fifteen years from the Constitution's commencement (1965). For states like Himachal Pradesh and Manipur, this period is extended to twenty-five years; for Arunachal Pradesh, Goa, and Mizoram, it is forty years.

Rights of Ministers and the Advocate General

In addition to elected members of the House, ministers and the state’s advocate general have the right to speak and participate in any House or committee they are permitted to, even if they aren’t voting members. This allows ministers to engage in discussions and contribute to legislative processes. There are two main reasons for this provision: first, it ensures that ministers can participate in the discussions of a House that they are not a part of; second, it allows ministers who aren’t members of either House to contribute to the legislative process.

This framework for sessions, adjournment, prorogation, dissolution, quorum, voting, language, and the rights of ministers is integral to how the state legislature functions and is governed under various articles of the Indian Constitution. Understanding these processes helps citizens appreciate the workings of democracy at the state level. Key articles relating to this topic include Article 172 concerning the duration of the state legislature, Article 174 regarding the summoning and prorogation of the Houses, and Article 175 which discusses the rights of the governor in relation to the legislature.

Legislative Procedure in State Legislature

The legislative process in a state's assembly in India is quite structured and involves several steps to ensure that proposed laws, known as bills, are carefully considered. A bill can be categorized as an ordinary bill, and it can come from either the Legislative Assembly or the Legislative Council if the state has a bicameral system. Here’s a simplified breakdown of how an ordinary bill goes through the state legislature.

Originating House

An ordinary bill can start its journey in either the Legislative Assembly or the Legislative Council. It can be introduced by a government minister or any other member of the assembly. The bill must pass through three main stages in the house where it originated:

1. First Reading: This is when the bill is introduced, and its title is read out. There is no debate or voting during this stage.
2. Second Reading: Here, the general principles and themes of the bill are discussed. Members can express their views, and there may be debates on the bill's merits.
3. Third Reading: This is the final stage in the originating house, where the bill is debated in detail, and members vote on it. If the bill receives the majority support, it is then sent to the other house for consideration.

Once the bill successfully passes through the originating house, it is sent to the other house, known as the second house. For a bill to become law, it must be agreed upon by both houses, with or without amendments. In states that have only one house, known as a unicameral legislature, the bill goes straight to the governor for approval once passed by the assembly.

Bill in the Second House

Once the bill arrives in the second house, it must go through the same three stages:

1. First Reading
2. Second Reading
3. Third Reading

The second house has four options for handling the bill:

• The bill can be accepted without any changes.
• The bill can be passed with amendments and sent back to the originating house for further consideration.
• The bill can be rejected outright.
• The house may choose to take no action, effectively putting the bill on hold.

If the second house passes the bill without changes or if the first house accepts the amendments proposed by the second house, the bill is then sent to the governor for their approval. However, if the second house makes amendments that the first house does not accept, or if it outright rejects the bill, the originating house can reintroduce the bill. If the second house again refuses to act on the bill, or takes more than one month to pass it, the bill becomes law once more, in the form originally passed by the first house. This shows that the ultimate authority regarding ordinary bills lies with the Legislative Assembly, as the second house can only delay the process.

Governor's Assent

After a bill passes both houses (or just one house in a unicameral system), it must be sent to the governor for approval. The governor has four options:

1. Give assent to the bill, making it law.
2. Withhold assent, which means the bill does not become law.
3. Return the bill for reconsideration to the house or houses, prompting further discussion and possible amendments.
4. Reserve the bill for the President's consideration.

If a bill is returned and subsequently passed again by the house or houses, the governor must give it his or her assent. This means the governor has limited power, known as a "suspensive veto," which is similar at both state and central government levels.

President's Assent

If a bill is reserved for presidential consideration, the President can either approve the bill, withhold approval, or return it for reconsideration within six months. When a bill is returned, the house or houses must consider it again. Once it is passed with or without modifications, it is sent back to the President for final approval. Interestingly, the Constitution does not specify whether the President is required to give their assent in such cases.

Relevant Constitutional Articles

The procedure outlined above is governed by several key articles in the Indian Constitution, primarily found in Articles 107 to 111, which detail the legislative process for both state and central legislatures. Article 174 specifies the powers of the Governor in state legislative assemblies, including the power to summon and prorogue the assembly, while Article 210 covers the procedure for legislative proceedings in states.

In conclusion, understanding the legislative procedure helps to appreciate how laws are made in India. The process involves multiple stages of discussion and approval, ensuring that bills are thoroughly reviewed before becoming law, thus maintaining a check on the powers of those involved in legislation.

Understanding Money Bills in India

In India, the Constitution has specific rules for how Money Bills are handled in state legislatures, making sure they are processed in a structured way. Money Bills are special types of legislation that deal with financial matters, such as taxation and government spending.

Introduction of Money Bills

According to the Constitution, a Money Bill can only be introduced in the Legislative Assembly of a state, not in the Legislative Council. This introduction must be backed by the Governor of the state, who plays a crucial role in the legislative process. Typically, a Money Bill is introduced by a Minister, and it is considered a government bill.

Role of the Legislative Council

Once the Legislative Assembly passes a Money Bill, it is sent to the Legislative Council for review. However, the powers of the Legislative Council regarding Money Bills are limited. They cannot reject or change the Money Bill directly. Instead, they can only suggest changes or recommendations. The Council must return the bill to the Assembly within 14 days. The Legislative Assembly then decides whether to accept or ignore these suggestions.

If the Assembly accepts any of the recommendations, the Money Bill is considered passed with those amendments. If the Assembly does not accept any recommendations, the bill is still recognized as having passed in its original form, as adopted by the Assembly. Moreover, if the Council fails to return the bill within the specified 14-day period, the bill is automatically considered passed in the original form by both Houses of the legislature.

Powers of the Legislative Assembly

This procedure shows that the Legislative Assembly has greater authority over Money Bills compared to the Legislative Council. The Council can only delay the process but cannot block it entirely.

Approval by the Governor

Once the Money Bill reaches the Governor, he or she has several options. The Governor can either approve the bill, decide not to approve it, or keep it for the President's review. However, the Governor cannot send the bill back to the Legislature for further changes. Typically, governors grant their approval to Money Bills since they are introduced in the Legislature with their prior permission.

Presidential Assent

If a Money Bill is sent for the President's consideration, the President can choose to approve or refuse it as well. Similar to the Governor, the President cannot return the bill for reconsideration by the Legislature.

Constitutional Articles

The rules regarding Money Bills are primarily outlined in Article 110 of the Indian Constitution. This article defines what constitutes a Money Bill and establishes the exclusive right of the Legislative Assembly to introduce such bills. Furthermore, it ensures that the Legislative Council has limited power when it comes to these financial legislations, thus maintaining the supremacy of the elected assembly in financial matters.

Understanding these procedures is important as they illustrate the balance of power between different legislative bodies and highlight the importance of financial governance in the Indian political system. It showcases how legislative processes are designed to ensure informed discussions and decision-making regarding the use of public funds.

Bills Reserved for President’s Consideration

In India, when a state government passes a bill, it may sometimes need the approval of the President. This process is outlined in the Constitution of India, specifically to ensure that certain important matters receive the necessary oversight. The Sarkaria Commission, which was established to examine the relationship between the central and state governments from 1983 to 1988, categorized these bills into three main groups.

The first category includes bills that must be reserved for the President's consideration. These bills generally deal with sensitive subjects and require careful scrutiny. They include:

1. Bills that threaten the powers of High Courts: According to Article 200 of the Constitution, if a bill can undermine the authority or position of the High Courts, it must be sent to the President.

2. Bills on taxes related to water and electricity: Certain regulations about taxing water or electricity fall under Article 288, meaning that if a state wants to implement these, it needs to get the nod from the President.

3. Bills during financial emergencies: When there is a financial crisis, any legislation that falls under Article 360 must also be reserved for the President's consideration.

The second category involves bills that may be reserved for the President’s consideration for specific reasons. This includes:

1. Bills that seek immunity from Articles 14 and 19: These articles ensure the right to equality and the freedom of speech, respectively. However, certain state bills aimed at acquiring property (Article 31A) or implementing specific principles of state policy (Article 31C) may be exempt from these rights and thus require Presidential approval.

2. Bills affecting the Concurrent List: The Concurrent List includes subjects where both the state and central governments can make laws. If a state bill on a matter in the Concurrent List conflicts with a central law, it must get the President’s assent for it to be valid (Article 254). Moreover, if a state imposes restrictions on trade and commerce that requires Presidential approval, it must secure this sanction to proceed, as stated in Article 304.

The third category is for bills that might not explicitly fit into either of the first two categories but can still be sent to the President. This is allowed under Article 200 of the Constitution, giving the Governor the discretion to reserve any bill for the President’s consideration if it seems appropriate.

Overall, the process of reserving bills for the President's consideration is an important feature of Indian governance. It acts as a check on state legislation, especially when issues arise that may affect national unity, individual rights, or financial stability. By referring certain bills to the President, the Constitution aims to maintain the balance of power between the central and state governments, thus safeguarding the rights and responsibilities outlined in the Indian Constitution.

Understanding the Legislative Process in India

In India, the legislative process involves creating laws, which can be done at two main levels: the Parliament, which makes laws for the entire country, and the State Legislatures, which make laws for individual states. Let's break down how ordinary bills and money bills are handled in both of these legislative bodies.

Ordinary Bills

An ordinary bill is a proposal for a new law or a change to an existing law. It can be introduced in either the Lok Sabha or the Rajya Sabha in Parliament. A bill can be proposed by a minister (a member of the government) or a private member (a non-minister member). The bill goes through several stages:

1. First Reading: The bill is introduced, and its title and general purpose are presented.
2. Second Reading: Members debate the bill and can suggest changes or amendments.
3. Third Reading: The final form of the bill is discussed, and members vote on it.

For a bill to become law, it must be approved by both Houses of Parliament. If one House rejects the bill or makes amendments that the other House does not accept, a deadlock occurs. This means both Houses disagree, which can be resolved through a joint sitting. Article 108 of the Indian Constitution provides for this mechanism, ensuring that if a deadlock persists, both Houses can sit together to discuss and vote on the bill.

In the context of State Legislatures, the rules are quite similar but have some differences:

• The bill can also be introduced by a minister or a private member.
• Like in Parliament, it must go through several readings.
• However, if the Legislative Council (the upper House) rejects a bill passed by the Legislative Assembly (the lower House), a deadlock arises. In this case, Article 197 of the Constitution allows the Legislative Assembly to pass the bill again after which if the Council rejects or fails to act on it, the bill can become law anyway.

Money Bills

Money Bills relate to financial matters like taxation and government spending. These bills must follow specific rules:

1. Introduction: Money bills can only be introduced in the Lok Sabha, not in the Rajya Sabha.
2. Recommendation: They need the Governor's approval to be introduced.
3. Proponent: Only a minister can introduce a money bill, not a private member.

When a Money Bill is sent to the Rajya Sabha, it cannot be amended or rejected; it must be returned within 14 days. The Rajya Sabha can suggest changes, but it's up to the Lok Sabha to accept or reject these suggestions. If the Lok Sabha does not accept any recommendations, the original bill remains unchanged and is considered passed once again. If the Rajya Sabha does not act on the bill within 14 days, it is deemed to have been passed.

The lack of a mechanism for resolving deadlocks in Money Bills means that the Lok Sabha has the final authority. According to Article 110 of the Constitution, if the Rajya Sabha does not agree on a Money Bill, the Lok Sabha's decision is what counts.

Conclusion

Understanding the legislative process in India is crucial for grasping how laws are made and modified. The Constitution lays down clear paths for both ordinary and money bills in Parliament and State Legislatures. The mechanisms for dealing with disagreements (like joint sittings for ordinary bills) provide a structured way to resolve conflicts, ensuring that the will of the elected representatives in the Lok Sabha and Legislative Assemblies prevails in significant matters. This framework is vital in shaping India's legislative landscape, allowing for an organized approach to governance and law-making that is reflective of the people's needs and priorities.

Position of Legislative Council in India

The Legislative Council, often referred to as the Rajya Sabha at the national level, is one of the two houses of the Parliament in India. It plays a significant role in the legislative process alongside the Lok Sabha, which is the lower house. To understand the position of the Legislative Council, we can look at how it compares to the Legislative Assembly in two different areas: where they are equal and where they are not.

Areas of Equality Between the Legislative Council and the Legislative Assembly

In certain areas, the Legislative Council has the same powers as the Legislative Assembly. For example, both houses are involved in making laws, and any bill can be introduced in either house. When a bill is passed in one house, it is sent to the other house for consideration. If both houses agree on the bill, it can then be sent to the President for approval and become law.

Another area of equality is related to financial matters. While the Legislative Assembly has more control over the budget and financial policies—specifically, money bills must be introduced in the Legislative Assembly first—the Legislative Council can still discuss and suggest changes to these financial matters. Articles 110 and 117 of the Indian Constitution outline these financial procedures.

Areas of Inequality Between the Legislative Council and the Legislative Assembly

On the other hand, there are several ways in which the Legislative Council is unequal to the Legislative Assembly. One major difference lies in the power over money bills. According to Article 110, a money bill can only be introduced in the Legislative Assembly, which means the Legislative Council cannot initiate or amend such bills. This limitation significantly affects the influence of the Council regarding financial matters.

Additionally, when it comes to the passage of ordinary bills, the Legislative Assembly has the final say. If the Legislative Council rejects a bill that the Legislative Assembly has passed, the Assembly can still pass the bill again after a certain period, and it can become law even without the Council's consent.

Another difference is the power to dissolve the house. The Legislative Assembly can be dissolved by the Governor at any time, but the Legislative Council is a permanent body and cannot be dissolved. It can only have a third of its members retire every two years, as stated in Article 172.

In terms of representation, the Legislative Assembly represents the people directly through elections conducted for constituencies. In contrast, the members of the Legislative Council are not elected in the same way; they are elected by different means, including by local authority members, graduates, teachers, and nominated members, which makes it less representative of the general populace.

In summary, while the Legislative Council in India has some equal powers with the Legislative Assembly, especially regarding the legislative process, it has certain limitations that affect its influence, particularly in monetary matters and its overall authority. The Constitutional provisions governing these aspects are found mainly in Articles 80, 171, 110, and 172 of the Indian Constitution. Understanding the roles and limitations of both houses helps to clarify the legislative framework within which the country operates.

The Role of the State Legislative Council in India

In India, the state legislative system generally consists of two houses: the Assembly (also known as the Vidhan Sabha) and the Council (Vidhan Parishad in some states). The relationship between these two bodies can be complex, as they have different powers and responsibilities defined by the Constitution of India.

Similar Powers of the Council and Assembly

In certain areas, the powers of the Council are similar to those of the Assembly. For instance, both houses can introduce and pass ordinary bills. However, if there is a disagreement between them, the Assembly typically has the final say. Other areas where the Council and Assembly work together include the approval of ordinances issued by the Governor and the selection of ministers, including the Chief Minister. The Constitution mentions that ministers can belong to either house of the legislature, but they are accountable only to the Assembly. This means that their activities and decisions must align with the interests and demands of the Assembly.

The Council participates in considering reports from various constitutional bodies, such as the State Finance Commission and the Comptroller and Auditor General. It is also involved in recommendations for the enlargement of the jurisdiction of the State Public Service Commission.

Unequal Powers of the Council Compared to the Assembly

Despite some shared powers, there are key areas where the Assembly holds greater authority. For example, a Money Bill, which deals with financial matters, can only be introduced in the Assembly. The Council has no power to amend or reject it; it must return such a bill to the Assembly within 14 days, possibly with suggestions. The Assembly then decides whether to accept or reject these suggestions, and even if the Council makes recommendations, the final authority remains with the Assembly.

The Speaker of the Assembly also has the final say on whether a bill is categorized as a Money Bill. This gives the Assembly a strong grip over financial legislation. Additionally, though the Council can discuss the budget, it cannot vote on demands for grants, which are reserved for the Assembly.

Another significant limitation of the Council is that it cannot remove a Council of Ministers through a no-confidence motion, as the ministers are collectively accountable only to the Assembly. The Council can arise to criticize the government's policies but lacks any real power to enforce change. When an ordinary bill that started in the Council is rejected by the Assembly, that bill is considered dead and loses its chance for consideration.

The Council does not participate in national affairs regarding the election of the President of India or the representatives to the Rajya Sabha (the upper house of Parliament), nor does it have a significant voice in the ratification of constitutional amendments. Its existence largely depends on the will of the Assembly, which can recommend its abolishment to Parliament.

Comparison with Rajya Sabha

When compared to the Rajya Sabha, which is the upper house of the Parliament, the position of the State Legislative Council seems weaker. The Rajya Sabha holds equal powers to the Lok Sabha (the lower house) in most matters, except for financial issues and government control. In contrast, the State Legislative Council is subordinate to the Assembly in almost all respects.

One reason for this inequality lies in their composition. The Rajya Sabha represents the states and union territories and is mainly made up of elected members (only 12 of its 250 members are nominated). This arrangement ensures that it serves as an effective revising body, reflecting federal interests and protecting state rights.

On the other hand, the Council often consists of members who represent varying interests, and it eliminates the federal aspect seen in the Rajya Sabha. The differing composition dilutes its effectiveness, making it more of an advisory body rather than a powerful revising chamber.

Democratic Principles and Criticism

The design of the Council aligns with democratic principles. The Assembly, being a popular house formed by direct elections, holds a superior role. This configuration is modeled after the British Parliament, where the Upper House (House of Lords) serves a similar advisory function to the Lower House (House of Commons).

Some critics describe the State Legislative Council as a "secondary chamber" and point out its limitations. It has been characterized as a “costly ornamental luxury” and a “white elephant,” suggesting that it often serves as a refuge for politicians who may have lost elections in the Assembly. This allows those rejected by voters to still attain positions of power through the Council.

Support for the Council's Existence

Despite the criticisms, the State Legislative Council does play a useful role. It can prevent rushed or poorly thought-out legislation from being passed by the Assembly. Additionally, the Governor nominates one-sixth of its members to ensure that professionals, experts, and other eminent individuals are represented, allowing for a body that brings diverse perspectives to the legislative process.

In summary, while the State Legislative Council has limited powers compared to the Assembly, it still has a role in checking legislation and representing various interests. Its existence is rooted in democratic principles, helping to ensure that laws are well-considered before being enacted. The balance of power between these two legislative bodies is a critical aspect of the functioning of Indian democracy, as outlined in various articles of the Constitution, such as Articles 168 to 171, which govern the formation and powers of state legislatures.

Privileges of State Legislature

The privileges of a state legislature consist of special rights, protections, and exemptions that both the Houses of the state legislature and their individual members enjoy. These privileges are essential for the state legislatures to function independently and effectively. Without them, the state legislatures could struggle to maintain their authority, dignity, and honor. Moreover, these privileges also protect legislative members from any interference as they perform their important duties.

The Indian Constitution recognizes these privileges under Article 194. This article states that each House of the Legislature shall have the power to make rules for the regulation of its procedure and the conduct of its business. This means that the legislatures can determine how they operate and ensure that they can carry out their functions without external obstacles.

Additionally, these privileges are not limited to just the members of the legislature. They also extend to individuals who participate and contribute to the discussions within a House or its committees. This includes important figures like the Advocate-General of the state and state ministers, who are allowed to speak and take part in the proceedings.

It is important to note that the Governor, while being a crucial part of the state legislature, does not have the same privileges as its members. The Governor's role is more of an executive nature, and the privileges primarily aim to safeguard the legislative process and those actively involved in it.

The privileges of state legislatures can be categorized into two main types. The first type encompasses the rights that are held collectively by both Houses of the state legislature in order to maintain their authority. This means that when working together, both the Legislative Assembly and the Legislative Council (if present) can act to uphold their legislative functions.

The second category includes the individual rights enjoyed by each member of the legislature. These rights provide members with the freedom to express their views, speak freely in debates, and cast votes without fear of retribution. This is crucial for a healthy democracy, as it ensures that diverse opinions can be expressed and considered in the decision-making process.

In summary, the privileges of state legislatures are essential for ensuring that they can operate independently, upholding democratic values and allowing members to fulfill their roles without interference. The protections outlined not only help the bodies work effectively but also serve to create a healthy environment for political discourse.

Collective Privileges of State Legislature Houses in India

In India, each House of the state legislature, which includes the Legislative Assembly and the Legislative Council, has certain collective privileges that protect its ability to function effectively and independently. These privileges are important for maintaining the dignity and authority of the legislature as a vital part of democratic governance.

One key privilege is the House's right to publish its reports, debates, and proceedings. This means that the legislature can share information about its activities with the public, ensuring transparency and accountability. However, this privilege also allows the House to stop others from publishing its proceedings if necessary. For example, in sensitive cases or discussions, the legislature might choose to hold secret meetings to protect important information.

To manage its affairs, each House has the power to make its own rules regarding how it operates. This includes procedures for conducting business, which helps the legislature work efficiently. The Houses also have the authority to discipline their members and others who do not respect these rules, which can involve reprimanding them or, in serious cases, suspending or expelling them.

Another significant privilege is the right of the Houses to be informed immediately if a member is arrested, detained, convicted, imprisoned, or released. This ensures that the legislative body is aware of any situation that could affect the functioning of its members and the legislature's overall integrity.

Moreover, the Houses can initiate inquiries into various matters, which may include calling for witnesses or relevant documents. This power is essential for holding individuals accountable and for investigating issues that may require legislative attention. It's worth noting that the courts are not allowed to interfere or examine the proceedings of a House or its committees. This provision safeguards the legislature's independence and allows it to operate without external pressure.

Additionally, the Houses have the privilege that no one can be arrested, and no legal action (either civil or criminal) can be taken within the premises of the legislature without the permission of the presiding officer. This further emphasizes the importance of maintaining order and respect within the legislative space.

These privileges are not merely traditions; they are backed by several articles in the Indian Constitution. Article 105 outlines the privileges of members of Parliament, while Article 194 extends similar privileges to state legislatures. Both articles highlight the importance of these privileges in upholding legislative authority and protecting the parliamentary process.

Understanding these collective privileges is crucial for recognizing the importance of the legislature in a democracy. They serve to ensure that the legislative branch can scrutinize the executive, represent the people effectively, and maintain the rule of law, which is fundamental to a healthy democracy in India.

Individual Privileges of State Legislature Members in India

In India, members of the state legislature enjoy certain individual privileges that protect them during their term in office. These privileges are important to ensure that legislators can perform their duties without fear of interruption or legal consequences.

One of the key privileges is that members cannot be arrested while the state legislature is in session. This protection extends to 40 days before the start of a session and 40 days after a session ends. However, it's important to note that this privilege applies only to civil cases. Members can still be arrested in criminal cases or in instances of preventive detention, which are situations where someone can be kept in custody without trial for security reasons.

Another significant privilege is the freedom of speech that members have while speaking in the state legislature. According to Article 194 of the Indian Constitution, no member can be punished in any court for anything they say or vote on during legislative sessions or in committee meetings. This freedom allows legislators to express their views openly and honestly, which is vital for democratic functioning. However, this freedom is not absolute; it must align with the Constitution's provisions and the specific rules that govern the state legislature's procedures.

Additionally, members of the state legislature are exempt from serving on jury duty. This means that while they are fulfilling their responsibilities as lawmakers, they cannot be called to perform this civic duty, which might distract them from their legislative work.

Moreover, when the state legislature is in session, these members have the right to refuse to give evidence or appear as witnesses in court cases. This further reinforces their ability to carry out their legislative duties without interference.

Understanding these privileges is essential for recognizing the independence and functionality of the state legislature in India. They are enshrined in the Constitution and defined by various articles, including Article 194, which describes the powers, privileges, and immunities of the state legislature. This legal framework allows state legislators to perform their roles effectively, ensuring that democracy remains intact and government checks and balances are maintained.

These privileges are crucial for the smooth running of the legislative process, enabling lawmakers to focus on their critical roles in governance, representation, and law-making without undue external pressure.