State Legislature Article 168 (Composition of the Legislative Assemblies…
Constitution of Legislatures in States
State Legislature shall consist of Governor, Legislative Assembly and a Legislative Council (only in states of MH, AP, TN, UP, BR, and KN)
Abolition or creation of Legislative Councils in States
Parliament can pass a bill to create/ remove a Legislative Council in a state, with simple majority on the basis of a resolution moved by the state's legislative assembly and passed by absolute majority and 2/3rd of the members present and voting.
No such law passed by the Parliament under Article 169 shall be deemed as a Constitutional Amendment Act under the provisions of Article 368.
Composition of the Legislative Assemblies
Subject to the provisions of
Article 333 (Nomination of 01 Anglo- Indian member in state assembly by the governor)
, the strength of Legislative Assembly of each State- Maximum = 500 & Minimum = 60.
For the purpose of election of members to state assemblies, each state shall be divided into constituencies such that, ratio of seats allocated to the constituency and it's population is constant for all constituencies in the state concerned.
Readjustment of seats and constituencies in the state must be done after every census, by an authority determined by the Parliament.
Members are elected by Universal Adult Suffrage
Composition of the Legislative Council
Maximum strength of State Councils < 33% of strength of state assemblies
Minimum Strength of State Councils = 40
Election of members
1/6th of the members are nominated by Governor from people having vast knowledge and experience in the field of art, literature and sciences.
By PR- STV
1/3rd shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify
1/12th shall be elected by electorate consisting of graduates from past 3 years residing in the state.
1/12th shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school
1/3rd shall be elected by the members of the Legislative Assembly of the State from among persons who are not members of the Assembly
Duration of States Legislatures
The duration of State Assembly shall be of 5 years from the date of it's constitution, provided it isn't dissolved before the period of 5 years.
Life of State Assembly extends by 01 year after each subsequent proclamation for continuation of national emergency but, it extends by only 06 months, once national emergency ceases to operate.
Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law
Qualification for membership of the State Legislature
Citizen of India and subscribes to an oath as per the provisions of Third Schedule.
Minimum Age for assembly = 25
Minimum age for Council = 30
Other qualifications as laid down by the parliament under RoPA, 1951
Person to be elected to the State Assembly or Council must be a registered elector in the state.
For nomination by the Governor, he must be a resident (not necessarily an elector) in the state.
The Speaker and Deputy Speaker of the Legislative Assembly
Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker
Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
Shall vacate his office if he ceases to be a member of the Assembly
May at any time by writing under his hand addressed, if such members is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office
May be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly, provided a 14 days' advance notice has been given to him.
Speaker shall continue in his office even after dissolution of the assembly and resign just before the first session of newly constituted assembly
The Chairman and Deputy Chairman of the Legislative Council
Legislative Council of every State having such Council shall, choose two members of the Council to be respectively Chairman and Deputy Chairman. As the office of Chairman or Deputy Chairman becomes vacant, the
Council shall choose another member to be Chairman or Deputy Chairman
Oath or affirmation by members
Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
Provisions as to introduction and passing of Bills
Subject to the provisions of article 198 and 207 with respect to Money Bills and other financial Bills, a Bill (Ordinary) may originate in either House of the Legislature of a State which has a Legislative Council.
Subject to the provisions of articles 197 and 198, a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.
A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof.
A Bill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly.
A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly.
Restriction on powers of Legislative Council as to Bills other than Money Bills
If Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council, following eventualities are possible
Bill is rejected by the Council
More than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it
The Bill is passed by the Council with amendments to which the Legislative Assembly does not agree
The Legislative Assembly may pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council.
If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council
The Bill is rejected by the Council; or
More than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it
The Bill is passed by the Council with amendments to which the Legislative Assembly does not agree
The Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly.
Nothing in this article shall apply to a Money Bill.
Special procedure in respect of Money Bills
A Money Bill shall not be introduced in a Legislative Council.
After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council.
If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly.
If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council.
If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly.
Definition of Money Bills
- Same as mentioned in
Assents to the bills
If a bill is passed by state legislature, it is presented to Governor for the assent. The governor has following alternatives
Governor may give his assent to the bill
Governor may withhold his assent to the bill i.e. Absolute Veto.
If the bill isn't a money bill, under Article 199, then the Governor can send the bill back for reconsideration of the assembly and council. The house has Suspensive Veto over such bills.
Reserve the bill for the consideration of the President
Bills reserved for Consideration of the President
He may give his assent to he bill
He may withhold his assent to the bill
He may return the bill for the reconsideration, if it's not a money bill, but he isn't required to give his assent to the bill if the house passes the bill second time, with or without recommendations.