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governor is authorised to dissolve the assembly at any time (i.e., even | before the completion of five years) to pave the way for fresh | elections. |
Further, the term of the assembly can be extended during the | period of national emergency by a law of Parliament for one year at a | time (for any length of time). However, this extension cannot continue |
beyond a period of six months after the emergency has ceased to | operate. This means that the assembly should be re-elected within six | months after the revocation of emergency. |
Duration of Council | Like the Rajya Sabha, the legislative council is a continuing chamber, | that is, it is a permanent body and is not subject to dissolution. But, |
one-third of its members retire on the expiration of every second year. | So, a member continues as such for six years. The vacant seats are | filled up by fresh elections and nominations (by governor) at the |
MEMBERSHIP OF STATE LEGISLATURE | 1. Qualifications | The Constitution lays down the following qualifications for a person to |
be chosen a member of the state legislature. | (a) He must be a citizen of India. | (b) He must make and subscribe to an oath or affirmation before the |
person authorised by the Election Commission for this purpose. | In his oath or affirmation, he swears | (i) To bear true faith and allegiance to the Constitution of India |
(ii) To uphold the sovereignty and integrity of India | (c) He must be not less than 30 years of age in the case of the | legislative council and not less than 25 years of age in the case |
of the legislative assembly. | (d) He must posses other qualifications prescribed by Parliament. | Accordingly, the Parliament has laid down the following additional |
qualifications in the Representation of People Act (1951): | (a) A person to be elected to the legislative council must be an | elector for an assembly constituency in the concerned state and |
to be qualified for the governor’s nomination, he must be a | resident in the concerned state. | (b) A person to be elected to the legislative assembly must be an |
elector for an assembly constituency in the concerned state. | (c) He must be a member of a scheduled caste or scheduled tribe if | he wants to contest a seat reserved for them. However, a |
member of scheduled castes or scheduled tribes can also | contest a seat not reserved for them. | 2. Disqualifications |
Under the Constitution, a person shall be disqualified for being chosen | as and for being a member of the legislative assembly or legislative | council of a state: |
(a) if he holds any office of profit under the Union or state | government (except that of a minister or any other office | exempted by state legislature9 ), |
(d) if he is not a citizen of India or has voluntarily acquired the | citizenship of a foreign state or is under any acknowledgement of | allegiance to a foreign state, and |
(e) if he is so disqualified under any law made by Parliament. | Accordingly, the Parliament has prescribed a number of additional | disqualifications in the Representation of People Act (1951). These |
are similar to those for Parliament. These are mentioned here: | 1. He must not have been found guilty of certain election offences | or corrupt practices in the elections. |
2. He must not have been convicted for any offence resulting in | imprisonment for two or more years. But, the detention of a | person under a preventive detention law is not a disqualification. |
3. He must not have failed to lodge an account of his election | expenses within the time. | 4. He must not have any interest in government contracts, works or |
services. | 5. He must not be a director or managing agent nor hold an office | of profit in a corporation in which the government has at least 25 |
per cent share. | 6. He must not have been dismissed from government service for | corruption or disloyalty to the state. |
7. He must not have been convicted for promoting enmity between | different groups or for the offence of bribery. | 8. He must not have been punished for preaching and practicing |
social crimes such as untouchability, dowry and sati. | On the question whether a member has become subject to any of | the above disqualifications, the governor’s decision is final. However, |
he should obtain the opinion of the Election Commission and act | accordingly. | Disqualification on Ground of Defection |
The Constitution also lays down that a person shall be disqualified for | being a member of either House of state legislature if he is so | disqualified on the ground of defection under the provisions of the |
Tenth Schedule. | The question of disqualification under the Tenth Schedule is | decided by the Chairman, in the case of legislative council and, |
Speaker, in the case of legislative assembly (and not by the governor). | In 1992, the Supreme Court ruled that the decision of | Chairman/Speaker in this regard is subject to judicial review10 . |
3. Oath or Affirmation | Every member of either House of state legislature, before taking his | seat in the House, has to make and subscribe an oath or affirmation |
before the governor or some person appointed by him for this | purpose. | In this oath, a member of the state legislature swears: |
(a) to bear true faith and allegiance to the Constitution of India; | (b) to uphold the sovereignty and integrity of India; and | (c) to faithfully discharge the duty of his office. |
Unless a member takes the oath, he cannot vote and participate in | the proceedings of the House and does not become eligible to the | privileges and immunities of the state legislature. |
A person is liable to a penalty of ₹500 for each day he sits or votes | as a member in a House: | (a) before taking and subscribing the prescribed oath or affirmation; |
or | (b) when he knows that he is not qualified or that he is disqualified | for its membership; or |
(c) when he knows that he is prohibited from sitting or voting in the | House by virtue of any law made by Parliament or the state | legislature. |
Members of a state legislature are entitled to receive such salaries | and allowances as may from time to time be determined by the state | legislature. |
4. Vacation of Seats | In the following cases, a member of the state legislature vacates his | seat: |
(a) Double Membership: A person cannot be a member of both | Houses of state legislature at one and the same time. If a person | is elected to both the Houses, his seat in one of the Houses falls |
vacant as per the provisions of a law made by the state | legislature. | (b) Disqualification: If a member of the state legislature becomes |
subject to any of the disqualifications, his seat becomes vacant. | (c) Resignation: A member may resign his seat by writing to the | Chairman of legislative council or Speaker of legislative |
(d) Absence: A House of the state legislature can declare the seat of | a member vacant if he absents himself from all its meeting for a | period of sixty days without its permission. |
(e) Other Cases: A member has to vacate his seat in the either | House of state legislature, | (i) if his election is declared void by the court, |
(ii) if he is expelled by the House, | (iii) if he is elected to the office of president or office of vice-presid | and |
PRESIDING OFFICERS OF STATE LEGISLATURE | Each House of state legislature has its own presiding officer. There is | a Speaker and a Deputy Speaker for the legislative assembly and a |
Chairman and a Deputy Chairman for the legislative council. A panel | of chairman for the assembly and a panel of vice-chairman for the | council is also appointed. |
Speaker of Assembly | The Speaker is elected by the assembly itself from amongst its | members. |
Usually, the Speaker remains in office during the life of the | assembly. However, he vacates his office earlier in any of the following | three cases: |
1. if he ceases to be a member of the assembly; | 2. if he resigns by writing to the deputy speaker; and | 3. if he is removed by a resolution passed by a majority of all the |
then members of the assembly. Such a resolution can be moved | only after giving 14 days advance notice. | The Speaker has the following powers and duties: |
1. He maintains order and decorum in the assembly for conducting | its business and regulating its proceedings. This is his primary | responsibility and he has final power in this regard. |
2. He is the final interpreter of the provisions of (a) the Constitution | of India, (b) the rules of procedure and conduct of business of | assembly, and (c) the legislative precedents, within the |
assembly. | 3. He adjourns the assembly or suspends the meeting in the | absence of a quorum. |
4. He does not vote in the first instance. But, he can exercise a | casting vote in the case of a tie. | 5. He can allow a ‘secret’ sitting of the House at the request of the |
leader of the House. | 6. He decides whether a bill is a Money Bill or not and his decision | on this question is final. |
7. He decides the questions of disqualification of a member of the | assembly, arising on the ground of defection under the | provisions of the Tenth Schedule. |
8. He appoints the chairman of all the committees of the assembly | and supervises their functioning. He himself is the chairman of | the Business Advisory Committee, the Rules Committee and the |
General Purpose Committee. | Deputy Speaker of Assembly | Like the Speaker, the Deputy Speaker is also elected by the assembly |
itself from amongst its members. He is elected after the election of the | Speaker has taken place. | Like the Speaker, the Deputy Speaker remains in office usually |
during the life of the assembly. However, he also vacates his office | earlier in any of the following three cases: | 1. if he ceases to be a member of the assembly; |
2. if he resigns by writing to the speaker; and | 3. if he is removed by a resolution passed by a majority of all the | then members of the assembly. Such a resolution can be moved |
only after giving 14 days’ advance notice. | The Deputy Speaker performs the duties of the Speaker’s office | when it is vacant. He also acts as the Speaker when the latter is |
absent from the sitting of assembly. In both the cases, he has all the | powers of the Speaker. | The Speaker nominates from amongst the members a panel of |
chairman. Any one of them can preside over the assembly in the | absence of the Speaker or the Deputy Speaker. He has the same | powers as the speaker when so presiding. He holds office until a new |
panel of chairman is nominated. | Chairman of Council | The Chairman is elected by the council itself from amongst its |
members. | The Chairman vacates his office in any of the following three cases: | 1. if he ceases to be a member of the council; |
2. if he resigns by writing to the deputy chairman; and | 3. if he is removed by a resolution passed by a majority of all the | then members of the council. Such a resolution can be moved |
only after giving 14 days advance notice. | As a presiding officer, the powers and functions of the Chairman in | the council are similar to those of the Speaker in the assembly. |
the Chairman. The Speaker decides whether a bill is a Money Bill or | not and his decision on this question is final. | The salaries and allowances of the Speaker and the Deputy |
Speaker of the assembly and the Chairman and the Deputy Chairman | of the council are fixed by the state legislature. They are charged on | the Consolidated Fund of the State and thus are not subject to the |
annual vote of the state legislature. | Deputy Chairman of Council | Like the Chairman, the Deputy Chairman is also elected by the council |
itself from amongst its members. | The deputy chairman vacates his office in any of the following three | cases: |
1. if he ceases to be a member of the council; | 2. if he resigns by writing to the Chairman; and | 3. if he is removed by a resolution passed by a majority of all the |
then members of the council. Such a resolution can be moved | only after giving 14 days advance notice. | The Deputy Chairman performs the duties of the Chairman’s office |
when it is vacant. He also acts as the Chairman when the latter is | absent from the sitting of the council. In both the cases, he has all the | powers of the Chairman. |
The Chairman nominates from amongst the members a panel of | vice-chairman. Any one of them can preside over the council in the | absence of the Chairman or the Deputy Chairman. He has the same |
SESSIONS OF STATE LEGISLATURE | Summoning | The governor from time to time summons each House of state |
legislature to meet. The maximum gap between the two sessions of | state legislature cannot be more than six months, ie, the state | legislature should meet at least twice a year. A session of the state |
legislature consists of many sittings. | Adjournment | An adjournment suspends the work in a sitting for a specified time |
which may be hours, days or weeks. | Adjournment sine die means terminating a sitting of the state | legislature for an indefinite period. The power of the adjournment as |
well as adjournment sine die lies with the presiding officer of the | House. | Prorogation |
The presiding officer (Speaker or Chairman) declares the House | adjourned sine die, when the business of the session is completed. | Within the next few days, the governor issues a notification for |
prorogation of the session. | However, the governor can also prorogue the House which is in | session. Unlike an adjournment, a prorogation terminates a session of |
the House. | Dissolution | The legislative council, being a permanent house, is not subject to |
dissolution. Only the legislative assembly is subject to dissolution. | Unlike a prorogation, a dissolution ends the very life of the existing | House, and a new House is constituted after the general elections are |
held. | The position with respect to lapsing of bills on the dissolution of the | assembly is mentioned below: |
2. A Bill passed by the assembly but pending in the council lapses. | 3. A Bill pending in the council but not passed by the assembly | does not lapse. |
4. A Bill passed by the assembly (in a unicameral state) or passed | by both the houses (in a bicameral state) but pending assent of | the governor or the President does not lapse. |
5. A Bill passed by the assembly (in a unicameral state) or passed | by both the Houses (in a bicameral state) but returned by the | president for reconsideration of House (s) does not lapse. |
Quorum | Quorum is the minimum number of members required to be present in | the House before it can transact any business. It is ten members or |
one-tenth of the total number of members of the House (including the | presiding officer), whichever is greater. If there is no quorum during a | meeting of the House, it is the duty of the presiding officer either to |
adjourn the House or to suspend the meeting until there is a quorum. | Voting in House | All matters at any sitting of either House are decided by a majority of |
votes of the members present and voting excluding the presiding | officer. Only a few matters which are specifically mentioned in the | Constitution like removal of the speaker of the assembly, removal of |
the Chairman of the council and so on require special majority, not | ordinary majority. The presiding officer (i.e., Speaker in the case of | assembly or chairman in the case of council or the person acting as |
such) does not vote in the first instance, but exercises a casting vote | in the case of an equality of votes. | Language in State Legislature |
The Constitution has declared the official language(s) of the state or | Hindi or English, to be the languages for transacting business in the | state legislature. However, the presiding officer can permit a member |
to address the House in his mother-tongue. The state legislature is | authorised to decide whether to continue or discontinue English as a | floor language after the completion of fifteen years from the |
twenty-five years and that of Arunachal Pradesh, Goa and Mizoram, it | is forty years. | Rights of Ministers and Advocate General |
In addition to the members of a House, every minister and the | advocate general of the state have the right to speak and take part in | the proceedings of either House or any of its committees of which he |
is named a member, without being entitled to vote. There are two | reasons underlying this constitutional provision: | 1. A minister can participate in the proceedings of a House, of |
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