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chambers, the Constitution has given the council much lesser
importance than the Rajya Sabha due to the following reasons:
1. The Rajya Sabha consists of the representatives of the states
and thus reflect the federal element of the polity. It maintains the
federal equilibrium by protecting the interests of the states
against the undue interference of the Centre. Therefore, it has to
dilatory body like that of the council. Onthe other hand, the issue
of federal significance does not arise in the case of a council.
2. The council is heterogeneously constituted. It represents
different interests and consists of differently elected members
and also include some nominated members. Its very composition
makes its position weak and reduces its utility as an effective
revising body. On the other hand, the Rajya Sabha is
homogeneously constituted. It represents only the states and
consists of mainly elected members (only 12 out of 250 are
nominated).
3. The position accorded to the council is in accordance with the
principles of democracy. The council should yield to the
assembly, which is a popular house. This pattern of relationship
between the two Houses of the state legislature is adopted from
the British model. In Britain, the House of Lords (Upper House)
cannot oppose and obstruct the House of Commons (Lower
House). The House of Lords is only a dilatory chamber–it can
delay an ordinary bill for a maximum period of one year and a
money bill for one month.16
Keeping in view its weak, powerless and insignificant position and
role, the critics have described the council as a ‘secondary chamber’,
‘costly ornamental luxury’, ‘white elephant’, etc. The critics have
opined that the council has served as a refuge for those who are
defeated in the assembly elections. It enabled the unpopular, rejected
and ambitious politicians to occupy the post of a chief minister or a
minister or a member of the state legislature.
Even though the council has been given less powers as compared
with the assembly, its utility is supported on the following grounds:
1. It checks the hasty, defective, careless and ill-considered
legislation made by the assembly by making provision for
revision and thought.
2. It facilitates representation of eminent professionals and experts
who cannot face direct elections. The governor nominates one-
PRIVILEGES OF STATE LEGISLATURE
Privileges of a state legislature are a sum of special rights, immunities
and exemptions enjoyed by the Houses of state legislature, their
committees and their members. They are necessary in order to secure
the independence and effectiveness of their actions. Without these
privileges, the Houses can neither maintain their authority, dignity and
honour nor can protect their members from any obstruction in the
discharge of their legislative responsibilities.
The Constitution has also extended the privileges of the state
legislature to those persons who are entitled to speak and take part in
the proceedings of a House of the state legislature or any of its
committees. These include advocate-general of the state and state
ministers.
It must be clarified here that the privileges of the state legislature do
not extend to the governor who is also an integral part of the state
legislature.
The privileges of a state legislature can be classified into two broad
categories–those that are enjoyed by each House of the state
legislature collectively, and those that are enjoyed by the members
individually.
Collective Privileges
The privileges belonging to each House of the state legislature
collectively are:
1. It has the right to publish its reports, debates and proceedings
and also the right to prohibit others from publishing the same17 .
2. It can exclude strangers from its proceedings and hold secret
sittings to discuss some important matters.
3. It can make rules to regulate its own procedure and the conduct
of its business and to adjudicate upon such matters.
4. It can punish members as well as outsiders for breach of its
privileges or its contempt by reprimand, admonition or
imprisonment (also suspension or expulsion, in case of
members).
5. It has the right to receive immediate information of the arrest,
detention, conviction, imprisonment and release of a member.
6. It can institute inquiries and order the attendance of witnesses
7. The courts are prohibited to inquire into the proceedings of a
House or its Committes.
8. No person (either a member or outsider) can be arrested, and
no legal process (civil or criminal) can be served within the
precincts of the House without the permission of the presiding
officer.
Individual Privileges
The privileges belonging to the members individually are:
1. They cannot be arrested during the session of the state
legislature and 40 days before the beginning and 40 days after
the end of such session. This privilege is available only in civil
cases and not in criminal cases or preventive detention cases.
2. They have freedom of speech in the state legislature. No
member is liable to any proceedings in any court for anything
said or any vote given by him in the state legislature or its
committees. This freedom is subject to the provisions of the
Constitution and to the rules and standing orders regulating the
procedure of the state legislature18 .
3. They are exempted from jury service. They can refuse to give
evidence and appear as a witness in a case pending in a court
when the state legislature is in session.
Table 33.2 Strength of Legislative Assemblies and Legislative
Councils (2019)
S. Name of the Number of Seats Number of Seats
No. State/Union in Legislative in Legislative
Territory Assembly Council
I. STATES
1. Andhra Pradesh 175 5818a
2. Arunachal Pradesh 60 –
3. Assam 126 –
4. Bihar 243 75
5. Chhattisgarh 90 –
6. Goa 40 –
8. Haryana 90 –
9. Himachal Pradesh 68 –
10. Jharkhand 81 –
11. Karnataka 224 75
12. Kerala 140 –
13. Madhya Pradesh 230 –
14. Maharashtra 288 78
15. Manipur 60 –
16. Meghalaya 60 –
17. Mizoram 40 –
18. Nagaland 60 –
19. Odisha 147 –
20. Punjab 117 –
21. Rajasthan 200 –
22. Sikkim 32 –
23. Tamil Nadu 234 –
24. Telangana 119 40
25. Tripura 60 –
26. Uttarakhand 70 –
27. Uttar Pradesh 403 100
28. West Bengal 294 –
II. UNION TERRITORIES
1. Delhi 70 –
2. Puducherry 30 –
3. Jammu and 8319 –
Kashmir
Table 33.3 Seats Reserved for SCs and STs in the Legislative
Assemblies (2019)
Name of the State/ Total Reserved for Reserved
Union Territory the Scheduled for the
Scheduled
Tribes
I. STATES
1. Andhra Pradesh 175 29 7
2. Arunachal Pradesh 60 – 59
3. Assam 126 8 16
4. Bihar 243 38 2
5. Chhattisgarh 90 10 29
6. Goa 40 1 –
7. Gujarat 182 13 27
8. Haryana 90 17 –
9. Himachal Pradesh 68 17 3
10. Jharkhand 81 9 28
11. Karnataka 224 36 15
12. Kerala 140 14 2
13. Madhya Pradesh 230 35 47
14. Maharashtra 288 29 25
15. Manipur 60 1 19
16. Meghalaya 60 – 55
17. Mizoram 40 – 38
18. Nagaland 60 – 59
19. Odisha 147 24 33
20. Punjab 117 34 –
21. Rajasthan 200 34 25
22. Sikkim 32 2 12
23. Tamil Nadu 234 44 2
24. Telangana 119 19 12
25. Tripura 60 10 20
26. Uttarakhand 70 13 2
27. Uttar Pradesh 403 85 –
II. UNION TERRITORIES
1. Delhi 70 12 –
2. Puducherry 30 5 –
3. Jammu and 83 6 –
Kashmir
Table 33.4 Articles Related to State Legislature at a Glance
Article No. Subject-matter
General
168. Constitution of Legislatures in states
169. Abolition or creation of Legislative Councils in states
170. Composition of the Legislative Assemblies
171. Composition of the Legislative Councils
172. Duration of State Legislatures
173. Qualification for membership of the State Legislature
174. Sessions of the State Legislature, prorogation and
dissolution
175. Right of Governor to address and send messages to
the House or Houses
176. Special address by the Governor
177. Rights of Ministers and Advocate-General as
respects the Houses
Officers of the State Legislature
178. The Speaker and Deputy Speaker of the Legislative
Assembly
179. Vacation and resignation of, and removal from, the
offices of Speaker and Deputy Speaker
180. Power of the Deputy Speaker or other person to
perform the duties of the office of, or to act as,
Speaker
181. The Speaker or the Deputy Speaker not to preside
182. The Chairman and Deputy Chairman of the
Legislative Council
183. Vacation and resignation of, and removal from, the
offices of Chairman and Deputy Chairman
184. Power of the Deputy Chairman or other person to
perform the duties of the office of, or to act as,
Chairman
185. The Chairman or the Deputy Chairman not to preside
while a resolution for his removal from office is under
consideration
186. Salaries and allowances of the Speaker and Deputy
Speaker and the Chairman and Deputy Chairman
187. Secretariat of State Legislature
Conduct of Business
188. Oath or affirmation by members
189. Voting in Houses, power of Houses to act
notwithstanding vacancies and quorum
Disqualifications of Members
190. Vacation of seats
191. Disqualifications for membership
192. Decision on questions as to disqualifications of
members
193. Penalty for sitting and voting before making oath or
affirmation under Article 188 or when not qualified or
when disqualified
Powers, Privileges and Immunities of State Legislatures and
their Members
194. Powers, privileges, etc., of the House of Legislatures
and of the members and committees thereof
195. Salaries and allowances of members
Legislative Procedure
196. Provisions as to introduction and passing of Bills
197. Restriction on powers of Legislative Council as to
198. Special procedure in respect of Money Bills
199. Definition of “Money Bills”
200. Assent to Bills
201. Bills reserved for consideration
Procedure in Financial Matters
202. Annual financial statement
203. Procedure in Legislature with respect to estimates
204. Appropriation Bills
205. Supplementary, additional or excess grants
206. Votes on account, votes of credit and exceptional
grants
207. Special provisions as to financial Bills
Procedure Generally
208 Rules of procedure
209. Regulation by law of procedure in the Legislature of
the state in relation to financial business
210. Language to be used in the Legislature
211. Restriction on discussion in the Legislature
212. Courts not to inquire into proceedings of the
Legislature
Legislative Powers of the Governor
213. Power of Governor to promulgate Ordinances during
recess of Legislature
Table 33.5 Laws made by Parliament under Article 169 of the
Constitution
Sl. Acts Provisions
No.
1. West Bengal Legislative Provided for the abolition of
Council (Abolition) Act, 1969 the Legislative Council of the
State of West Bengal.
State of Punjab.
3. Andhra Pradesh Legislative Provided for the abolition of
Council (Abolition) Act, 1985 the Legislative Council of the
State of Andhra Pradesh.
4. Tamil Nadu Legislative Provided for the abolition of
Council (Abolition) Act, 1986 the Legislative Council of the
State of Tamil Nadu.
5. Andhra Pradesh Legislative Provided for the creation of
Council Act, 2005 Legislative Council for the
State of Andhra Pradesh.
6. Tamil Nadu Legislative Provided for the creation of
Council Act, 2010 Legislative Council for the
State of Tamil Nadu.
NOTES AND REFERENCES
1. The erstwhile state of Jammu and Kashmir had adopted a
bicameral legislature by its own state Constitution, which
was separate from the Indian Constitution.
2. M.P. Jain, Indian Constitutional Law, Wadhwa Fourth
edition, P. 159
3. See Table 33.2 at the end of this chapter.
4. An Anglo-Indian means a person whose father or any other
male progenitor in the male line is or was of European
descent, but who is domiciled within the territory of India
and is or was born within such territory of parents habitually
resident therein and not established there for temporary
purposes only.
5. This means that the number of assembly seats reserved in
a state for such castes and tribes is to bear the same
proportion to the total number of seats in the assembly as
the population of such castes and tribes in the concerned
state bears to the total population of the state.
6. The minimum strength fixed at 40 by the Constitution of
India was not applicable to the erstwhile state of Jammu
and Kashmir. Its council had 36 members under the
provisions of its own state Constitution.
7. See Table 33.2 at the end of this chapter.
8. The term of the legislative assembly of the erstwhile state of
Jammu and Kashmir was six years under its own state
Constitution.