jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
legislative assembly or the legislative council, are appointed as	ministers. A person who is not a member of either House of the	state legislature can also be appointed as a minister. But, within
six months, he must become a member (either by election or by	nomination) of either House of the state legislature, otherwise, he	ceases to be a minister.
A minister who is a member of one House of the state	legislature has the right to speak and to take part in the	proceedings of the other House. But, he can vote only in the
OATH AND SALARY OF MINISTERS	Before a minister enters upon his office, the governor administers	to him the oaths of office and secrecy. In his oath of office, the
minister swears:	1. to bear true faith and allegiance to the Constitution of India,	2. to uphold the sovereignty and integrity of India,
3. to faithfully and conscientiously discharge the duties of his	office, and	4. to do right to all manner of people in accordance with the
Constitution and the law, without fear or favour, affection or	ill-will.	In his oath of secrecy, the minister swears that he will not
directly or indirectly communicate or reveal to any person(s) any	matter that is brought under his consideration or becomes known	to him as a state minister except as may be required for the due
discharge of his duties as such minister.	The salaries and allowances of ministers are determined by the	state legislature from time to time. A minister gets the salary and
allowances which are payable to a member of the state	legislature. Additionally, he gets a sumptuary allowance	(according to his rank), free accommodation, travelling allowance,
RESPONSIBILITY OF MINISTERS	Collective Responsibility	The fundamental principle underlying the working of parliamentary
system of government is the principle of collective responsibility.	Article 164 clearly states that the council of ministers is collectively	responsible to the legislative assembly of the state. This means
that all the ministers own joint responsibility to the legislative	assembly for all their acts of omission and commission. They work	as a team and swim or sink together. When the legislative
assembly passes a no-confidence motion against the council of	ministers, all the ministers have to resign including those ministers	who are from the legislative council2. Alternatively, the council of
ministers can advice the governor to dissolve the legislative	assembly on the ground that the House does not represent the	views of the electorate faithfully and call for fresh elections. The
governor may not oblige the council of ministers which has lost	the confidence of the legislative assembly.	The principle of collective responsibility also mean that the
cabinet decisions bind all cabinet ministers (and other ministers)	even if they deferred in the cabinet meeting. It is the duty of every	minister to stand by the cabinet decisions and support them both
within and outside the state legislature. If any minister disagrees	with a cabinet decision and is not prepared to defend it, he must	resign. Several ministers have resigned in the past owing to their
differences with the cabinet.	Individual Responsibility	Article 164 also contains the principle of individual responsibility. It
states that the ministers hold office during the pleasure of the	governor. This means that the governor can remove a minister at	a time when the council of ministers enjoys the confidence of the
legislative assembly. But, the governor can remove a minister only	on the advice of the chief minister. In case of difference of opinion	or dissatisfaction with the performance of a minister, the chief
minister can ask him to resign or advice the governor to dismiss	him. By exercising this power, the chief minister can ensure the	realisation of the rule of collective responsibility.
No Legal Responsibility	As at the Centre, there is no provision in the Constitution for the	system of legal responsibility of the minister in the states. It is not
required that an order of the governor for a public act should be	countersigned by a minister. Moreover, the courts are barred from	enquiring into the nature of advice rendered by the ministers to
COMPOSITION OF THE COUNCIL OF MINISTERS	The Constitution does not specify the size of the state council of	ministers or the ranking of ministers. They are determined by the
chief minister according to the exigencies of the time and	requirements of the situation.	Like at the Centre, in the states too, the council of ministers
consists of three categories of ministers, namely, cabinet	ministers, ministers of state, and deputy ministers. The difference	between them lies in their respective ranks, emoluments, and
political importance. At the top of all these ministers stands the	chief minister–supreme governing authority in the state.	The cabinet ministers head the important departments of the
state government like home, education, finance, agriculture and	so forth3. They are members of the cabinet, attend its meetings	and play an important role in deciding policies. Thus, their
responsibilities extend over the entire gamut of state government.	The ministers of state can either be given independent charge	of departments or can be attached to cabinet ministers. However,
they are not members of the cabinet and do not attend the cabinet	meetings unless specially invited when something related to their	departments are considered by the cabinet.
Next in rank are the deputy ministers. They are not given	independent charge of departments. They are attached to the	cabinet ministers and assist them in their administrative, political
and parliamentary duties. They are not members of the cabinet	and do not attend cabinet meetings.	At times, the council of ministers may also include a deputy
CABINET	A smaller body called cabinet is the nucleus of the council of	ministers. It consists of only the cabinet ministers. It is the real
centre of authority in the state government. It performs the	following role:	1. It is the highest decisionmaking authority in the politico-
administrative system of a state.	2. It is the chief policy formulating body of the state	government.
3. It is the supreme executive authority of the state	government.	4. It is the chief coordinator of state administration.
5. It is an advisory body to the governor.	6. It is the chief crisis manager and thus deals with all	emergency situations.
7. It deals with all major legislative and financial matters.	8. It exercises control over higher appointments like	constitutional authorities and senior secretariat
administrators.	Cabinet Committees	The cabinet works through various committees called cabinet
committees. They are of two types–standing and ad hoc. The	former are of a permanent nature while the latter are of a	temporary nature.
They are set up by the chief minister according to the	exigencies of the time and requirements of the situation. Hence,	their number, nomenclature and composition varies from time to
time.	They not only sort out issues and formulate proposals for the	consideration of the cabinet but also take decisions. However, the
cabinet can review their decisions.	Table 32.1 Articles Related to State Council of Ministers at a	Glance
Article No. Subject Matter	163. Council of Ministers to aid and advise	Governor
164. Other provisions as to Ministers	166. Conduct of business of the Government of a	State
167. Duties of Chief Minister as respects the	furnishing of information to Governor, etc.	177. Rights of Ministers as respects the Houses
NOTES AND REFERENCES	1. They may, in addition, be in charge of the welfare of the	SCs and BCs or any other work.
2. Each minister need not resign separately; the	resignation of the chief minister amounts to the	resignation of the entire council of ministers.
3. The term ‘ministry’ or ‘ministries’ is used only in the	centre and not in the states. In other words, the state	government is divided into departments and not
33 State Legislature	T	he state legislature occupies a preeminent and central position
in the political system of a state.	Articles 168 to 212 in Part VI of the Constitution deal with the	organisation, composition, duration, officers, procedures, privileges,
ORGANISATION OF STATE LEGISLATURE	There is no uniformity in the organisation of state legislatures. Most of	the states have an unicameral system, while others have a bicameral
system. At present (2019), only six states have two Houses	(bicameral). These are Andhra Pradesh, Telangana, Uttar Pradesh,	Bihar, Maharashtra and Karnataka. The Jammu and Kashmir
Legislative Council was abolishes by the Jammu and Kashmir	Reorganisation Act, 2019.1 The Tamil Nadu Legislative Council Act,	2010 has not come into force. The Legislative Council in Andhra
Pradesh was revived by the Andhra Pradesh Legislative Council Act,	2005. The 7th Amendment Act of 1956 provided for a Legislative	Council in Madhya Pradesh. However, a notification to this effect has
to be made by the President. So far, no such notification has been	made. Hence, Madhya Pradesh continues to have one House only.	The twenty-two states have unicameral system. Here, the state
legislature consists of the governor and the legislative assembly. In	the states having bicameral system, the state legislature consists of	the governor, the legislative council and the legislative assembly. 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).
The Constitution provides for the abolition or creation of legislative	councils in states. Accordingly, the 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 to	that effect. Such a specific resolution must be passed by the state	assembly by a special majority, that is, a majority of the total
membership of the assembly and a majority of not less than two-thirds	of the members of the assembly present and voting. 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 (ie, by simple majority).	“The idea of having a second chamber in the states was criticised
in the Constituent Assembly on the ground that it was not	representative of the people, that it delayed legislative process and	that it was an expensive institution2 .” Consequently the provision was
willingness and financial strength. For example, Andhra Pradesh got	the legislative council created in 1957 and got the same abolished in	1985. The Legislative Council in Andhra Pradesh was again revived in
2007, after the enactment of the Andhra Pradesh Legislative Council	Act, 2005. The legislative council of Tamil Nadu had been abolished in	1986 and that of Punjab and West Bengal in 1969.
In 2010, the Legislative Assembly of Tamil Nadu passed a	resolution for the revival of the Legislative Council in the state.	Accordingly, the Parliament enacted the Tamil Nadu Legislative
Council Act, 2010 which provided for the creation of Legislative	Council in the state. However, before this Act was enforced, the	Legislative Assembly of Tamil Nadu passed another resolution in 2011
COMPOSITION OF TWO HOUSES	Composition of Assembly	Strength
The legislative assembly consists of representatives directly elected	by the people on the basis of universal adult franchise. Its maximum	strength is fixed at 500 and minimum strength at 60. It means that its
strength varies from 60 to 500 depending on the population size of the	state3. However, in case of Arunachal Pradesh, Sikkim and Goa, the	minimum number is fixed at 30 and in case of Mizoram and Nagaland,
it is 40 and 46 respectively. Further, some members of the legislative	assemblies in Sikkim and Nagaland are also elected indirectly.	Nominated Member
The governor can nominate one member from the Anglo-Indian	community, if the community is not adequately represented in the	assembly.4 Originally, this provision was to operate for ten years (ie,
upto 1960). But this duration has been extended continuously since	then by 10 years each time. Now, under the 95th Amendment Act of	2009, this is to last until 2020.
Territorial Constituencies	For the purpose of holding direct elections to the assembly, each state	is divided into territorial constituencies. The demarcation of these
constituencies is done in such a manner that the ratio between the	population of each constituency and the number of seats allotted to it	isthe same throughout the state. In other words, the Constitution
ensures that there is uniformity of representation between different	constituencies in the state. The expression ‘population’ means, the	population as ascertained at the last preceding census of which the
relevant figures have been published.	Readjustment after each census	After each census, a readjustment is to be made in the (a) total
number of seats in the assembly of each state and (b) 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.	The 42nd Amendment Act of 1976 had frozen 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. This ban	on readjustment has been extended for another years (i.e., upto year
2026) by the 84th Amendment Act of 2001 with the same objective of	encouraging population limiting measures.	The 84th Amendment Act of 2001 also empowered the government
to undertake readjustment and rationalisation of territorial	constituencies in a state on the basis of the population figures of 1991	census. Later, the 87th Amendment Act of 2003 provided for the
delimitation of constituencies on the basis of 2001 census and not	1991 census. However, this can be done without altering the total	number of seats in the assembly of each state.
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.5	Originally, this reservation was to operate for ten years (i.e., up to	1960). But this duration has been extended continuously since then by
10 years each time. Now, under the 95th Amendment Act of 2009, this	reservation is to last until 2020.	Composition of Council
Strength	Unlike the members of the legislative assembly, the members of the	legislative council are indirectly elected. The maximum strength of the
council is fixed at one-third of the total strength of the assembly and	the minimum strength is fixed at 406. It means that the size of the	council depends on the size of the assembly of the concerned state.
This is done to ensure the predominance of the directly elected House	(assembly) in the legislative affairs of the state. Though the	Constitution has fixed the maximum and the minimum limits, the
actual strength of a Council is fixed by Parliament7 .	Manner of Election	Of the total number of members of a legislative council:
1. 1/3 are elected by the members of local bodies in the state like	municipalities, district boards, etc.,	2. 1/12 are elected by graduates of three years standing and
residing within the state,	3. 1/12 are elected by teachers of three years standing in the state,	not lower in standard than secondary school,
4. 1/3 are elected by the members of the legislative assembly of	the state from amongst persons who are not members of the	assembly, and
5. the remainder are nominated by the governor from amongst	persons who have a special knowledge or practical experience	of literature, science, art, cooperative movement and social
service.	Thus, 5/6 of the total number of members of a legislative council	are indirectly elected and 1/6 are nominated by the governor. The
members are elected in accordance with the system of proportional	representation by means of a single transferable vote. The bonafide or	propriety of the governor’s nomination in any case cannot be
challenged in the courts.	This scheme of composition of a legislative council as laid down in	the Constitution is tentative and not final. The Parliament is authorised
DURATION OF TWO HOUSES	Duration of Assembly	Like the Lok Sabha, the legislative assembly is not a continuing
chamber. Its normal term is five years from the date of its first meeting	after the general elections8. The expiration of the period of five years	operates as automatic dissolution of the assembly. However, the

legislative assembly or the legislative council, are appointed as

ministers. A person who is not a member of either House of the

state legislature can also be appointed as a minister. But, within

six months, he must become a member (either by election or by

nomination) of either House of the state legislature, otherwise, he

ceases to be a minister.

A minister who is a member of one House of the state

legislature has the right to speak and to take part in the

proceedings of the other House. But, he can vote only in the

OATH AND SALARY OF MINISTERS

Before a minister enters upon his office, the governor administers

to him the oaths of office and secrecy. In his oath of office, the

minister swears:

1. to bear true faith and allegiance to the Constitution of India,

2. to uphold the sovereignty and integrity of India,

3. to faithfully and conscientiously discharge the duties of his

office, and

4. to do right to all manner of people in accordance with the

Constitution and the law, without fear or favour, affection or

ill-will.

In his oath of secrecy, the minister swears that he will not

directly or indirectly communicate or reveal to any person(s) any

matter that is brought under his consideration or becomes known

to him as a state minister except as may be required for the due

discharge of his duties as such minister.

The salaries and allowances of ministers are determined by the

state legislature from time to time. A minister gets the salary and

allowances which are payable to a member of the state

legislature. Additionally, he gets a sumptuary allowance

(according to his rank), free accommodation, travelling allowance,

RESPONSIBILITY OF MINISTERS

Collective Responsibility

The fundamental principle underlying the working of parliamentary

system of government is the principle of collective responsibility.

Article 164 clearly states that the council of ministers is collectively

responsible to the legislative assembly of the state. This means

that all the ministers own joint responsibility to the legislative

assembly for all their acts of omission and commission. They work

as a team and swim or sink together. When the legislative

assembly passes a no-confidence motion against the council of

ministers, all the ministers have to resign including those ministers

who are from the legislative council2. Alternatively, the council of

ministers can advice the governor to dissolve the legislative

assembly on the ground that the House does not represent the

views of the electorate faithfully and call for fresh elections. The

governor may not oblige the council of ministers which has lost

the confidence of the legislative assembly.

The principle of collective responsibility also mean that the

cabinet decisions bind all cabinet ministers (and other ministers)

even if they deferred in the cabinet meeting. It is the duty of every

minister to stand by the cabinet decisions and support them both

within and outside the state legislature. If any minister disagrees

with a cabinet decision and is not prepared to defend it, he must

resign. Several ministers have resigned in the past owing to their

differences with the cabinet.

Individual Responsibility

Article 164 also contains the principle of individual responsibility. It

states that the ministers hold office during the pleasure of the

governor. This means that the governor can remove a minister at

a time when the council of ministers enjoys the confidence of the

legislative assembly. But, the governor can remove a minister only

on the advice of the chief minister. In case of difference of opinion

or dissatisfaction with the performance of a minister, the chief

minister can ask him to resign or advice the governor to dismiss

him. By exercising this power, the chief minister can ensure the

realisation of the rule of collective responsibility.

No Legal Responsibility

As at the Centre, there is no provision in the Constitution for the

system of legal responsibility of the minister in the states. It is not

required that an order of the governor for a public act should be

countersigned by a minister. Moreover, the courts are barred from

enquiring into the nature of advice rendered by the ministers to

COMPOSITION OF THE COUNCIL OF MINISTERS

The Constitution does not specify the size of the state council of

ministers or the ranking of ministers. They are determined by the

chief minister according to the exigencies of the time and

requirements of the situation.

Like at the Centre, in the states too, the council of ministers

consists of three categories of ministers, namely, cabinet

ministers, ministers of state, and deputy ministers. The difference

between them lies in their respective ranks, emoluments, and

political importance. At the top of all these ministers stands the

chief minister–supreme governing authority in the state.

The cabinet ministers head the important departments of the

state government like home, education, finance, agriculture and

so forth3. They are members of the cabinet, attend its meetings

and play an important role in deciding policies. Thus, their

responsibilities extend over the entire gamut of state government.

The ministers of state can either be given independent charge

of departments or can be attached to cabinet ministers. However,

they are not members of the cabinet and do not attend the cabinet

meetings unless specially invited when something related to their

departments are considered by the cabinet.

Next in rank are the deputy ministers. They are not given

independent charge of departments. They are attached to the

cabinet ministers and assist them in their administrative, political

and parliamentary duties. They are not members of the cabinet

and do not attend cabinet meetings.

At times, the council of ministers may also include a deputy

CABINET

A smaller body called cabinet is the nucleus of the council of

ministers. It consists of only the cabinet ministers. It is the real

centre of authority in the state government. It performs the

following role:

1. It is the highest decisionmaking authority in the politico-

administrative system of a state.

2. It is the chief policy formulating body of the state

government.

3. It is the supreme executive authority of the state

government.

4. It is the chief coordinator of state administration.

5. It is an advisory body to the governor.

6. It is the chief crisis manager and thus deals with all

emergency situations.

7. It deals with all major legislative and financial matters.

8. It exercises control over higher appointments like

constitutional authorities and senior secretariat

administrators.

Cabinet Committees

The cabinet works through various committees called cabinet

committees. They are of two types–standing and ad hoc. The

former are of a permanent nature while the latter are of a

temporary nature.

They are set up by the chief minister according to the

exigencies of the time and requirements of the situation. Hence,

their number, nomenclature and composition varies from time to

time.

They not only sort out issues and formulate proposals for the

consideration of the cabinet but also take decisions. However, the

cabinet can review their decisions.

Table 32.1 Articles Related to State Council of Ministers at a

Glance

Article No. Subject Matter

163. Council of Ministers to aid and advise

Governor

164. Other provisions as to Ministers

166. Conduct of business of the Government of a

State

167. Duties of Chief Minister as respects the

furnishing of information to Governor, etc.

177. Rights of Ministers as respects the Houses

NOTES AND REFERENCES

1. They may, in addition, be in charge of the welfare of the

SCs and BCs or any other work.

2. Each minister need not resign separately; the

resignation of the chief minister amounts to the

resignation of the entire council of ministers.

3. The term ‘ministry’ or ‘ministries’ is used only in the

centre and not in the states. In other words, the state

government is divided into departments and not

33 State Legislature

T

he state legislature occupies a preeminent and central position

in the political system of a state.

Articles 168 to 212 in Part VI of the Constitution deal with the

organisation, composition, duration, officers, procedures, privileges,

ORGANISATION OF STATE LEGISLATURE

There is no uniformity in the organisation of state legislatures. Most of

the states have an unicameral system, while others have a bicameral

system. At present (2019), only six states have two Houses

(bicameral). These are Andhra Pradesh, Telangana, Uttar Pradesh,

Bihar, Maharashtra and Karnataka. The Jammu and Kashmir

Legislative Council was abolishes by the Jammu and Kashmir

Reorganisation Act, 2019.1 The Tamil Nadu Legislative Council Act,

2010 has not come into force. The Legislative Council in Andhra

Pradesh was revived by the Andhra Pradesh Legislative Council Act,

2005. The 7th Amendment Act of 1956 provided for a Legislative

Council in Madhya Pradesh. However, a notification to this effect has

to be made by the President. So far, no such notification has been

made. Hence, Madhya Pradesh continues to have one House only.

The twenty-two states have unicameral system. Here, the state

legislature consists of the governor and the legislative assembly. In

the states having bicameral system, the state legislature consists of

the governor, the legislative council and the legislative assembly. 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).

The Constitution provides for the abolition or creation of legislative

councils in states. Accordingly, the 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 to

that effect. Such a specific resolution must be passed by the state

assembly by a special majority, that is, a majority of the total

membership of the assembly and a majority of not less than two-thirds

of the members of the assembly present and voting. 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 (ie, by simple majority).

“The idea of having a second chamber in the states was criticised

in the Constituent Assembly on the ground that it was not

representative of the people, that it delayed legislative process and

that it was an expensive institution2 .” Consequently the provision was

willingness and financial strength. For example, Andhra Pradesh got

the legislative council created in 1957 and got the same abolished in

1985. The Legislative Council in Andhra Pradesh was again revived in

2007, after the enactment of the Andhra Pradesh Legislative Council

Act, 2005. The legislative council of Tamil Nadu had been abolished in

1986 and that of Punjab and West Bengal in 1969.

In 2010, the Legislative Assembly of Tamil Nadu passed a

resolution for the revival of the Legislative Council in the state.

Accordingly, the Parliament enacted the Tamil Nadu Legislative

Council Act, 2010 which provided for the creation of Legislative

Council in the state. However, before this Act was enforced, the

Legislative Assembly of Tamil Nadu passed another resolution in 2011

COMPOSITION OF TWO HOUSES

Composition of Assembly

Strength

The legislative assembly consists of representatives directly elected

by the people on the basis of universal adult franchise. Its maximum

strength is fixed at 500 and minimum strength at 60. It means that its

strength varies from 60 to 500 depending on the population size of the

state3. However, in case of Arunachal Pradesh, Sikkim and Goa, the

minimum number is fixed at 30 and in case of Mizoram and Nagaland,

it is 40 and 46 respectively. Further, some members of the legislative

assemblies in Sikkim and Nagaland are also elected indirectly.

Nominated Member

The governor can nominate one member from the Anglo-Indian

community, if the community is not adequately represented in the

assembly.4 Originally, this provision was to operate for ten years (ie,

upto 1960). But this duration has been extended continuously since

then by 10 years each time. Now, under the 95th Amendment Act of

2009, this is to last until 2020.

Territorial Constituencies

For the purpose of holding direct elections to the assembly, each state

is divided into territorial constituencies. The demarcation of these

constituencies is done in such a manner that the ratio between the

population of each constituency and the number of seats allotted to it

isthe same throughout the state. In other words, the Constitution

ensures that there is uniformity of representation between different

constituencies in the state. The expression ‘population’ means, the

population as ascertained at the last preceding census of which the

relevant figures have been published.

Readjustment after each census

After each census, a readjustment is to be made in the (a) total

number of seats in the assembly of each state and (b) 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.

The 42nd Amendment Act of 1976 had frozen 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. This ban

on readjustment has been extended for another years (i.e., upto year

2026) by the 84th Amendment Act of 2001 with the same objective of

encouraging population limiting measures.

The 84th Amendment Act of 2001 also empowered the government

to undertake readjustment and rationalisation of territorial

constituencies in a state on the basis of the population figures of 1991

census. Later, the 87th Amendment Act of 2003 provided for the

delimitation of constituencies on the basis of 2001 census and not

1991 census. However, this can be done without altering the total

number of seats in the assembly of each state.

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.5

Originally, this reservation was to operate for ten years (i.e., up to

1960). But this duration has been extended continuously since then by

10 years each time. Now, under the 95th Amendment Act of 2009, this

reservation is to last until 2020.

Composition of Council

Strength

Unlike the members of the legislative assembly, the members of the

legislative council are indirectly elected. The maximum strength of the

council is fixed at one-third of the total strength of the assembly and

the minimum strength is fixed at 406. It means that the size of the

council depends on the size of the assembly of the concerned state.

This is done to ensure the predominance of the directly elected House

(assembly) in the legislative affairs of the state. Though the

Constitution has fixed the maximum and the minimum limits, the

actual strength of a Council is fixed by Parliament7 .

Manner of Election

Of the total number of members of a legislative council:

1. 1/3 are elected by the members of local bodies in the state like

municipalities, district boards, etc.,

2. 1/12 are elected by graduates of three years standing and

residing within the state,

3. 1/12 are elected by teachers of three years standing in the state,

not lower in standard than secondary school,

4. 1/3 are elected by the members of the legislative assembly of

the state from amongst persons who are not members of the

assembly, and

5. the remainder are nominated by the governor from amongst

persons who have a special knowledge or practical experience

of literature, science, art, cooperative movement and social

service.

Thus, 5/6 of the total number of members of a legislative council

are indirectly elected and 1/6 are nominated by the governor. The

members are elected in accordance with the system of proportional

representation by means of a single transferable vote. The bonafide or

propriety of the governor’s nomination in any case cannot be

challenged in the courts.

This scheme of composition of a legislative council as laid down in

the Constitution is tentative and not final. The Parliament is authorised

DURATION OF TWO HOUSES

Duration of Assembly

Like the Lok Sabha, the legislative assembly is not a continuing

chamber. Its normal term is five years from the date of its first meeting

after the general elections8. The expiration of the period of five years

operates as automatic dissolution of the assembly. However, the