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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