State Legislature

     The state legislature plays a crucial and central role in the political system of a state in India. It is specifically governed by Articles 168 to 212 of the Constitution, which outline its organization, composition, duration, officers, procedures, privileges, and powers. Although the structure and function of state legislatures are similar to those of Parliament, some notable differences exist.

Organization of State Legislature

There is no uniform structure for state legislatures across India. Most states operate under a unicameral system, while a few have a bicameral system. As of 2019, only six states have two Houses (bicameral):

• • Andhra Pradesh
  • Telangana
  • Uttar Pradesh
  • Bihar
  • Maharashtra
  • Karnataka

The Jammu and Kashmir Legislative Council was abolished by the Jammu and Kashmir Reorganisation Act, 2019, while the Tamil Nadu Legislative Council Act, 2010 has not yet been enacted. The legislative council in Andhra Pradesh was reinstated by the Andhra Pradesh Legislative Council Act, 2005. The 7th Amendment Act of 1956 provided for a legislative council in Madhya Pradesh, but no notification has been issued by the President, so Madhya Pradesh currently has a unicameral legislature.

      In states with a unicameral system, the legislature consists of the Governor and the Legislary Assembly. Conversely, in bicameral states, the legislature includes the Governor, the Legislary Council (Vidhan Parishad), and the Legislary Assembly (Vidhan Sabha). The Legislative Council acts as the upper house, while the Legislative Assembly serves as the lower house.

Creation and Abolition of Legislative Councils

       The Constitution allows for the creation or abolition of legislative councils in states. Parliament can do so upon the passage of a specific resolution by the state legislative assembly, which must be passed by a special majority—majority of the total membership of the assembly and at least two-thirds of the members present and voting. Such parliamentary actions are considered ordinary legislation and do not constitute an amendment of the Constitution per Article 368.

     Criticism was directed toward the idea of establishing a second chamber in the states during the Constituent Assembly debates. Opponents argued that it was not sufficiently representative, contributed to legislative delays, and was an expensive institution. Consequently, the provision for the abolition or creation of legislative councils allows each state to decide based on its needs and financial capacity.

      For instance, Andhra Pradesh established its legislative council in 1957, abolished it in 1985, and later reinstated it in 2007. Similarly, the legislative councils in Tamil Nadu, Punjab, and West Bengal were also dissolved at different points in time. In 2010, the Tamil Nadu Legislative Assembly passed a resolution to revive its legislative council, but this initiative was halted in 2011 when another resolution sought to abolish the proposed council before it was enacted.

    The State Legislature plays a pivotal role in the governance of states in India, mirroring the parliamentary system established at the national level. This system, governed by Articles 168 to 212 of the Constitution, outlines the organization, composition, and functioning of both Houses of the state legislature.

Composition of the State Legislature

Legislative Assembly

1. Strength:

• • The legislative assembly is composed of representatives directly elected by the public through universal adult franchise.
  • The maximum strength of the assembly is fixed at 500, while the minimum is set at 60. However, for states like Arunachal Pradesh, Sikkim, and Goa, the minimum is fixed at 30, and for Mizoram and Nagaland, it is set at 40 and 46, respectively.

 2. Nominated Member:

• • The Governor can nominate one member from the Anglo-Indian community to the assembly if this community is not adequately represented. This provision was originally set to last for ten years but has been continuously extended. Under the 95th Amendment Act of 2009, it is currently valid until 2020.

3. Territorial Constituencies:

• • States are divided into territorial constituencies for elections, ensuring uniform representation based on population ratios. Adjustments to electoral boundaries occur following each census, determined by Parliament through the Delimitation Commission Acts, with specific provisions to freeze such readjustments until 2026 as per the 84th Amendment Act of 2001.

4. Reservations for SCs and STs:

• • The Constitution also mandates the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the legislative assembly based on population ratios, a provision that has been extended multiple times since its inception.

Legislative Council

1. Strength:

• • The legislative council consists of members indirectly elected and is comprised of no more than one-third of the total strength of the assembly and at least 40 members.

2. Manner of Election:

• • The council is composed of:
    • • One-third elected by local bodies in the state (e.g., municipalities).
      • One-twelfth elected by graduates residing in the state.
      • One-twelfth elected by teachers of secondary school standards.
      • One-third elected by the legislative assembly members from among those who are not assembly members.
      • The remainder are nominated by the Governor from individuals with expertise in literature, science, art, cooperative movements, and social service.

Thus, approximately five-sixths of the members are indirectly elected and one-sixth are nominated. Members are elected using a proportional representation system by means of a single transferable vote.

3. Parliamentary Authority:

• • While the Constitution outlines the composition of the legislative council, it is considered a tentative arrangement that Parliament can modify or replace through legislation.

State Council of Ministers

      In India, the State Council of Ministers operates within the parliamentary framework established by the Constitution. The Council of Ministers is headed by the Chief Minister and functions as the real executive authority in the government of a state. Articles 163 and 164 of the Constitution lay down the provisions relating to the council.

Key Provisions of State Council of Ministers

Article 163: Council of Ministers to Aid and Advise Governor

1. 1. There shall be a council of ministers with the Chief Minister as the head to aid and advise the Governor in exercising his functions, except in areas where the Governor is required to act in his discretion.
   2. If any question arises regarding whether a matter falls within the Governor’s discretion, the Governor’s decision is final, and the validity of actions taken by the Governor cannot be challenged on those grounds.
   3. The advice given by ministers to the Governor is not open to judicial scrutiny.

Article 164: Other Provisions as to Ministers

1. 1. The Chief Minister is appointed by the Governor, and the Governor appoints other ministers based on the Chief Minister’s advice.
   2. Some states, such as Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, require the appointment of a Tribal Welfare Minister.
   3. The total number of ministers, including the Chief Minister, must not exceed 15% of the total strength of the Legislative Assembly, with a minimum of 12 ministers.
   4. A member of either legislative house who is disqualified due to defection cannot be appointed as a minister.
   5. Ministers hold office during the pleasure of the Governor, and the Governor administers the oath of office.
   6. If a minister fails to remain a member of the Legislature for six consecutive months, they cease to be a minister.
   7. The salaries and allowances of ministers are determined by the state legislature.

Duration of State Legislature

Legislative Assembly

• • Term: The legislative assembly serves a normal term of five years from the date of its first meeting post-general elections. The assembly may be dissolved by the Governor before the term is completed.
  • Governor’s Power: The Governor can dissolve the assembly or call for elections, especially during a national emergency.

Legislative Council

• • Continuing Body: The legislative council is a permanent body with one-third of its members retiring every two years. Each member serves for a term of six years, and vacant seats are filled through elections or nominations.

Membership of State Legislature

Qualifications

Members of the state legislature must meet specific qualifications:

1. 1. Citizenship: Must be a citizen of India.
   2. Oath or Affirmation: Members must take an oath to uphold the Constitution and faithfully discharge their duties.
   3. Age: Must be at least 30 years for the legislative council and at least 25 years for the legislative assembly.
   4. Electorate Status: Must be electors for their respective assembly constituencies.

Disqualifications

Disqualifications for membership include:

1. 1. Office of Profit: Holding any office of profit under the Union or state government, except for a ministerial position.
   2. Mental Unsoundness: Declared unsound by a competent court.
   3. Insolvency: Being adjudged as insolvent.
   4. Non-Citizenship: Not being a citizen of India or voluntarily acquiring foreign citizenship.
   5. Corruption and Misconduct: Conviction of certain election-related offenses or criminal acts.

Oath or Affirmation

       Every member must take an oath administered by the Governor or their appointee before they can participate in House proceedings. Members face penalties for voting or sitting in the House without taking the required oath.

Vacation of Seats

A member vacates their seat under several circumstances:

1. 1. Double Membership: Membership in both Houses at once leads to a vacancy in one.
   2. Disqualification: A member becomes subject to any disqualification.
   3. Resignation: A member may resign by notifying the Chairman or Speaker, with the seat becoming vacant upon acceptance.
   4. Absence: A member’s seat can be declared vacant after 60 days of unauthorized absence.
   5. Other Causes: Expulsion from the House, election voidance by court, or if elected as President or Vice-President.

Sessions of State Legislature

The sessions of a state’s legislative assembly and council (if applicable) are critical for the functioning of the state’s legislative process. Various procedural elements govern how and when these sessions occur.

Summoning

• • Authority: The Governor has the authority to summon each House of the state legislature to meet.
  • Frequency: There must not be a gap of more than six months between sessions, ensuring that the legislature meets at least twice a year.

Adjournment

• • Definition: Adjournment refers to the suspension of a sitting, which could last for hours, days, or weeks.
  • Adjournment Sine Die: This term denotes ending a sitting indefinitely. The power of adjournment and adjournment sine die rests with the presiding officer of the House.

Prorogation

• • Process: After the session’s business concludes, the Speaker or Chairman declares the House adjourned sine die, after which the Governor issues a notification to prorogue the session.
  • Effect: Prorogation ends a session of the House, unlike adjournment, which only suspends its work temporarily.

Dissolution

• • Legislative Council: As a permanent body, the council is not subject to dissolution.
  • Legislative Assembly: The Governor can dissolve the legislative assembly, ending its tenure. This necessitates holding fresh general elections for a new assembly.

Impact on Bills

1. 1. Pending Bills in Assembly: Lapse upon assembly dissolution.
   2. Bills Passed by Assembly Pending in Council: Lapse upon assembly dissolution.
   3. Bills Pending in Council: Do not lapse if not yet passed by the assembly.
   4. Bills Awaiting Assent: Do not lapse if already passed by the assembly or both Houses.
   5. Bills Returned by President: Do not lapse.

Quorum

• • Definition: Quorum is the minimum number of members required for the House to conduct business—either ten members or one-tenth of the total, whichever is greater.
  • Procedure: Without a quorum, the presiding officer must adjourn the House or suspend activities until a quorum is achieved.

Voting in House

• • Majority Rule: Most decisions are made by a simple majority of members present and voting. The exception involves certain matters requiring a special majority, such as the removal of the Speaker.
  • Casting Vote: The presiding officer votes only to break a tie.

Language in State Legislature

• • Official Languages: Business is conducted in the state’s official language(s) or Hindi/English. The presiding officer can allow members to speak in their mother tongue.
  • Continuation of English: States can decide post-1965 (or later for certain states) whether to continue using English as a language of business.

Rights of Ministers and Advocate General

• • Participation: Ministers and the state’s Advocate General can speak and participate in legislative proceedings in both Houses or any committee, despite not being members.
  • Voting: They are not entitled to vote in the legislative proceedings.

The procedural rules and powers governing the sessions of state legislatures ensure the orderly conduct of legislative business. From summoning and prorogation to voting and language use, each rule is designed to uphold democratic principles and facilitate effective governance. The rights of ministers and the Advocate General to participate in discussions underscore the collaborative nature of the legislative process in addressing state governance issues.

Legislative Procedure in State Legislature

      Understanding the legislative process is crucial for comprehending how laws are enacted within a state’s legislative body. The procedures for passing ordinary bills and money bills differ, especially in bicameral legislatures.

Ordinary Bills

Bill in the Originating House

• • Introduction: An ordinary bill can be introduced in either House of a bicameral legislature or in the legislative assembly of a unicameral legislature. The introduction can be by a minister or any member of the House.
  • Stages of Passage: The bill undergoes three stages—first reading, second reading, and third reading.
  • Transmission: Once passed by the originating House, the bill is transmitted to the second House.

Bill in the Second House

• • In the second House, the bill also goes through the three reading stages. The second House can:
    • • Pass the bill without amendments.
      • Pass the bill with amendments.
      • Reject the bill.
      • Take no action, keeping the bill pending.
  • If the first House (usually the legislative assembly) disagrees with the second House (legislative council) or the second House rejects or amends the bill undesirably, the first House can override the second House after a specific procedure. If the second House delays action for three months initially and one month upon the bill’s return, the bill is deemed passed in its original form upon clearance by the first House a second time.

Assent of the Governor

• • Actions: Upon being passed by the legislative assembly or both Houses, the bill is sent to the Governor, who can:

1. 1. 1. 1. Give assent to the bill (thus enacting it).
         2. Withhold assent (killing the bill).
         3. Return the bill for reconsideration (suspensive veto). Post reconsideration, if the bill is passed again, the Governor must assent.
         4. Reserve the bill for the President’s consideration.

Assent of the President

• • When the Governor reserves a bill for the President, the President can:
    • • Give assent.
      • Withhold assent.
      • Return it for reconsideration by the state legislature. Upon re-presentation, it is not obligatory for the President to give assent.

Money Bills

• • Introduction: A money bill can only be introduced in the legislative assembly and requires the Governor’s recommendation. Such bills are government bills, necessitating a minister to introduce them.
  • Council’s Role: The legislative council has limited control over money bills. It cannot amend or reject but can suggest recommendations within 14 days, which the legislative assembly may accept or reject.
  • Assembly’s Authority: If the council doesn’t act within 14 days, the bill is considered passed by both Houses in its original form. The legislative assembly holds predominance over money bills.
  • Governor’s Assent: Once the money bill is passed, the Governor may assent, withhold assent, or reserve it for the President, but cannot return it. In practice, because money bills are introduced with the Governor’s consent, official assent is generally given.
  • President’s Decision: For money bills reserved for the President, he may assent or withhold assent but cannot return it.

The procedure for passing bills in state legislatures is designed to ensure comprehensive review while upholding the predominant authority of the legislative assembly, particularly for money bills. These processes reflect the broader principles of parliamentary democracy, ensuring that laws are thoroughly considered and that appropriate checks and balances are maintained across the legislative framework.

State Legislature: Legislative Council

Position of Legislative Council

      The legislative council serves as a crucial component of the state legislature in India, functioning alongside the legislative assembly. The composition and powers of the legislative council are designed to ensure a thorough examination of legislative matters, although its authority is less than that of the legislative assembly.

1. Spheres Where Legislative Council Is Equal to Assembly

In certain aspects, the powers and status of the legislative council are approximately equal to that of the legislative assembly:

1. 1. Ordinary Bills: Both Houses can introduce and pass ordinary bills. However, the assembly’s will prevails in case of disagreement.
   2. Ordinance Approval: The council requires the assembly’s endorsement of ordinances issued by the governor.
   3. Selection of Ministers: The Chief Minister and other ministers can be members of either House, but they are collectively responsible only to the assembly.
   4. Analysis of Reports: The council can consider reports from constitutional bodies, such as the State Finance Commission and the State Public Service Commission.
   5. Jurisdiction Extension: The assembly can extend the jurisdiction of the State Public Service Commission with the council’s participation.

2. Spheres Where Legislative Council Is Unequal to Assembly

However, the legislative council is subordinate to the assembly in the following ways:

1. 1. Money Bill Introduction: Money bills can only be introduced in the legislative assembly, not in the council.
   2. Limitations on Amendments: The council cannot amend or reject a money bill. It can only return the bill to the assembly with recommendations within 14 days.
   3. Overriding Power: The legislative assembly can pass a bill again if the council rejects it or proposes unacceptable amendments, thus the bill is considered passed.
   4. Final Authority on Money Bills: A money bill is deemed passed if the council fails to act within the stipulated time, reaffirming the assembly’s dominant role.
   5. Exclusion from Elections: The council does not participate in the election of the President or Rajya Sabha representatives.
   6. Limited Role in Constitutional Amendment: The council does not exert effective influence over the ratification of constitutional amendment bills.
   7. Existence Depends on the Assembly: The council can be abolished by Parliament based on the assembly’s recommendation, indicating its subordinate status.

Comparison with Rajya Sabha

While both the legislative council and the Rajya Sabha are second chambers, the constitutional importance of the legislative council is less than that of the Rajya Sabha for several reasons:

1. Federal Representation:

       The Rajya Sabha represents the states, reflecting the federal structure of the polity, and helps protect state interests against central overreach, enhancing its role as an effective revising body. In contrast, this significance does not arise in the context of a legislative council.

2. Composition:

       The legislative council is often more heterogeneous and includes members elected from various interests, whereas the Rajya Sabha consists mainly of elected representatives from the states, providing a more unified representation.

3. Democratic Principles:

         The council is expected to yield to the assembly, which acts as the popular house. This relationship mirrors the British system, where the House of Lords cannot obstruct the House of Commons.

Given its limited authority, critics often categorize the legislative council as a “secondary chamber,” suggesting that it serves as a platform for those who may have been unsuccessful in assembly elections.

Advantages of the Legislative Council

Despite its weaker status, the legislative council offers several benefits:

1. 1. Revision of Legislation: It provides a mechanism to review, amend, and refine legislation passed by the assembly, helping prevent hasty decisions.
   2. Representation of Expertise: It allows representation from eminent professionals and experts, contributing valuable insights that may not be present in direct legislative elections.

Privileges of State Legislature

       The privileges of a state legislature include special rights, immunities, and exemptions that protect its authority and the integrity of its members while conducting legislative business. These privileges are essential for maintaining the independence of the legislature and ensuring its members can fulfill their duties without external interference.

Collective and Individual Privileges of the State Legislature

       The privileges of the state legislature are designed to ensure its independence and effectiveness in fulfilling its legislative duties. These privileges can be classified into collective privileges belonging to each House and individual privileges enjoyed by the members.

Collective Privileges

The collective privileges of each House of the state legislature include:

1. 1. Right to Publish: Each House has the right to publish its reports, debates, and proceedings, as well as to prohibit others from publishing them without permission.
   2. Exclusion of Strangers: The legislature can exclude non-members from its proceedings and hold secret sessions to discuss sensitive matters.
   3. Procedure Regulation: Each House can make rules to regulate its own procedures and conduct business, and adjudicate on business-related matters.
   4. Punitive Powers: The legislature has the authority to punish its members and outsiders for breaches of its privileges or contempt, which may include reprimand, admonition, imprisonment, suspension, or expulsion (in the case of members).
   5. Right to Information: The legislature is entitled to receive immediate information regarding the arrest, detention, conviction, imprisonment, or release of any of its members.
   6. Inquiry Powers: It can institute inquiries, order the attendance of witnesses, and summon relevant documents and records.
   7. Judicial Non-Interference: Courts are prohibited from inquiring into the proceedings of either House or its committees, guaranteeing autonomy.
   8. Immunity from Arrest: No individual can be arrested, and no legal proceedings (civil or criminal) can be served within the precincts of the legislature without the presiding officer’s permission.

Individual Privileges

The individual privileges enjoyed by members of the state legislature are:

1. 1. Immunity from Arrest: Members cannot be arrested during the session of the legislature or for a period of 40 days before the session begins and 40 days after it concludes. This privilege does not apply to criminal cases or preventive detention.
   2. Freedom of Speech: Members enjoy freedom of speech within the legislature, which protects them from legal proceedings for statements made or votes cast in the House or its committees, subject to the Constitution and legislative rules.
   3. Exemption from Jury Service: Members are exempted from serving on juries and may refuse to provide evidence or act as witnesses in ongoing court cases while the legislature is in session.

The privileges of the state legislature, both collective and individual, are essential to safeguarding the legislature’s independence and enabling it to operate effectively. They provide members with the necessary protections to fulfil their legislative duties without external pressures or legal repercussions, thereby reinforcing the democratic process at the state level.

1. 1. Inquiries and Attendance: The authority to institute inquiries and compel the attendance of witnesses or documentation.
   2. Immunity from Legal Inquiry: Courts are prohibited from inquiring into legislative proceedings.

Articles Related to State Legislature at a Glance

      The following table summarizes key articles in the Indian Constitution that govern the structure, functioning, and powers of the State Legislature:

      This table provides an overview of the key articles governing the functioning and organization of the State Legislature in India, highlighting the legal framework that supports parliamentary democracy at the state level.

      The legislative procedure in state legislatures encompasses a structured process through which laws are proposed, debated, amended, and ultimately enacted. This procedure ensures transparency, accountability, and public participation in the lawmaking process, reflecting the principles of democratic governance. By adhering to established legislative protocols, state legislatures uphold the rule of law and fulfill their mandate to represent the interests of the people they serve.