State Legislature

State Legislature

Articles 168 to 212 in Part VI of the Constitution deals with the State Legislatures.

• Legislature of every State consists of a Governor and a Legislative setup.
• Legislature in certain States (6 States) like Maharashtra, Karnataka, Bihar, Uttar Pradesh, Telangana and Andhra Pradesh are Bicameral (consisting of 2 Houses). In the other States it is unicameral (consisting of one House). J&K legislative council, with a strength of 36 members, was created in 1957, is now abolished.

Legislative Assembly

• It is the popular House of the State. Members are chosen by direct election on the basis of adult suffrage from territorial constituencies (Article 170).
• The member strength varies between 60 and 500. However certain States like Sikkim, Goa, Mizoram and Arunachal Pradesh have less than 60 members.
• The Governor may nominate one Anglo-Indian to the Assembly, if the community is not adequately represented in the assembly.
• Reservation of seats has been provided for SCs & STs on basis of their population.
• According to Article 172, duration of Assembly in normally 5 years. But it may be dissolved earlier by the Governor.
• Its term may also be extended by one year at a time by Parliament during National Emergency, though this can in no case be extended beyond 6 months after the proclamation has ceased to operate.
• Legislative assembly alone has power to originate money bills. Legislative council can make only recommendations in respect of changes it considers necessary within a period of fourteen days after receiving the money bills from the Assembly. Assembly can accept or reject these recommendations.

Powers and Functions

• It can make laws on any subject provided in the State List. It can also make a law on a subject of the Concurrent List in case it is not in conflict with a law already made by the Parliament.
• It has control over the State Council of Ministers. Its members may ask questions to the Minister, introduce resoluti0ons or motions, and may pass a vote of censure to dismiss the Government. The Ministry is collectively responsible to the Assembly. The defeat of the Ministry in the Assembly amounts to the passing of a vote-of-no-confidence against it.
• It controls the finances of the State.  A money bill can originate only in the Assembly and it is taken as passed by the Legislative Council after a lapse of 14 days after reference made to it by the Assembly. It may pass, reject the demands or reduce their amount implying adoption or rejection of the budget and there by leading to the victory or defeat of the Government. Thus, no tax can be imposed or withdrawn without the approval of the Legislative Assembly.
• It has constituent powers too. According to Article 368, a bill of constitutional amendment first passed by the Parliament shall be referred to the States for ratification. It is here that the Assembly has its role to play. It has to give its verdict by passing a resolution. It is also provided that the President shall refer to the Assembly of the concerned State a bill desiring alteration in its territory for eliciting its views in this regard before he recommends that such a bill be introduced in the Parliament.
• The Assembly also elects its own Speaker and Deputy Speaker and may remove them by a vote of no confidence. It takes part in the election of the President of India. It considers reports submitted by various independent agencies like the State Public Service Commission, Auditor-General, and others.

Speaker & Deputy Speaker

• Every Legislative Assembly chooses two members of the Assembly to be the Speaker and the Deputy Speaker respectively whenever these offices become vacant. They vacate their offices if they cease to be the members of the Assembly. The Speaker or the Deputy Speaker as the case may be resigns his office by writing to the Deputy Speaker in the case of the Speaker and to the Speaker in the case of the Deputy Speaker. 
• Removal: They may be removed from office by a resolution of the Assembly passed by an effective majority. No resolution for the purpose of the removal of the Speaker or the Deputy Speaker is moved unless at least 14-days notice is given of the intention to move such a resolution. While any resolution for the removal of the Speaker from the office is under consideration, the Speaker though he is present, will not preside over such a meeting.
• Speaker is vested with powers to ensure orderly discussion in the House, to enforce the rules of procedure, to control disorder and to take disciplinary action against members indulging in unruly behavior.

Parliament’s Control over State Legislature

• There are many restrictions on the powers of the State Legislature, which make them subservient to the will of the Parliament. The restriction on the powers of the State Legislatures are as follows:
  • State Legislatures can neither legislate on an item of the Union List nor a residuary subject.
  • Though it can enact laws on a subject mentioned in the Concurrent List, it is Central law, which shall prevail and to the extent to which the State Law is violative of Central law it will be voided.
  • Article 249 provides that Rajya Sabha may pass a special resolution by two thirds majority of members, present and voting, to transfer any item from the State List to the Union or Concurrent Lists for the period of one year on the plea that it is expedient in the national interest.
  • There are some categories that require that a bill passed by the State Legislature shall be reserved by the Governor for the consideration of the President. Bill dealing with compulsory acquisition of private property, being derogatory to the powers of the High Court, or seeking imposition of tax on a commodity ‘essential’ by an act of Parliament, or any other bill likely to conflict with some Union law, already in force fall within this category. 
  • The State Legislatures cannot override the veto of the President.
  • There are some kinds of bills that cannot be introduced in the State Legislatures without the prior permission of the President. Bills seeking to impose restrictions on trade, commerce or intercourse with other States or within the State fall within this category.
  • The President is empowered to declare a state of emergency in the country without consulting the States. But once such an emergency has been declared, the Parliament is empowered to legislate on the subject mentioned in the State List.

Legislative Council (Article 169)

• Parliament may by Law create or abolish Legislative Council.
• It can be created, if the Legislative Assembly of the State passes a resolution to the effect by special majority.
• It is not an Amendment to the constitution and therefore it can be passed like an ordinary piece of Legislation
  • Article 171 contains various categories of members according to this:
  • 1/3rd of its members are elected by Legislative Assembly
  • 1/3rd by local bodies
  • 1/6th nominated by the Governor
  • 1/12th is elected by teachers of 3 years standing in the State not lower in standard than secondary school.
  • 1/12th by university graduates of 3 years Standing and residing within the State.
• Nominated by Governor are from among those who have distinguished themselves in literature, science, art, co-operative movement and social service.
• The maximum strength of Legislative Council can be 1/3rd of the total membership of Legislative Assembly, but in no case less than 40 (Legislative Council of J&K had 36 members).
• Parliament has the final powers to decide about its composition.
• It is not subject to dissolution, But 1/3rd of its members retire on the expiry of every 2nd year.
• Bihar, Karnataka, Maharashtra, Telangana, Andhra Pradesh and Uttar Pradesh have two houses, that is, these States have a Legislative Council also.

Qualifications

• Article 173 mentions the qualifications of members as:
  • A citizen of India.
  • Not less than 25 years of age for Legislative Assembly and not less than 30 years of age for Legislative Council.
  • Possesses such other qualification as may be prescribed by the Parliament.
  • Not hold any office under the Union or State Governments.
• Article 190: No person shall be a member of both Houses of State Legislative and if anyone gets elected to both Houses, he has to vacate one seat.
• No person can become a member of Legislature of 2 or more States.

Powers and Functions of Legislative Council

• As regards with its powers, the Legislative Council plays a more advisory role.
• A Bill, other than a Money Bill, may originate in either House of the Legislature.
• Over legislative matters it has only a suspensive veto for a maximum period of 4 months. 3 months in the first instance and 1 month in Second instance. In other words, the Council is not even a revising body like Rajya Sabha it is only a dilatory chamber or an advisory body.
• Over financial matters, its powers are not absolute. A Money Bill originates only in the Assembly and the Council may detain it only for a period of 14 days.
• As similar to the case of the Parliament at the Centre, there is no provision for a joint sitting of both the Houses of the States Legislature to resolve a deadlock between them, over legislative matters, if any. Thus, the Legislative Council is only a subordinate component of the Legislature.

The Advocate General (Article 165)

• In India, an Advocate General is a legal adviser to a State Government .The post is created by the Constitution of India and corresponds to that of Attorney General of India at the federal or central or Union Government level. The Advocate General of the State is a constitutional post and is an Authority duly appointed under Article 165 of the Constitution of India.
• The Advocate General is appointed by Governor of the State and holds office during the pleasure of the Governor.
• A person who is qualified to be appointed as a judge of the High Court is appointed as the Advocate General for the State.
• The office of Advocate General is the Supreme Law officer of the State.
• It is the duty of the Advocate General to advise the Government of the State upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred upon him by or under the Constitution of India or any other law for the time being in force.
• The Advocate General have the right to speak in, and otherwise take part in the proceedings of, any  Committee of the Legislature of which he may be named as Member. But he shall not be entitled to vote.
• The Advocate General and his office defends and protects the interest of the State Government and gives invaluable legal guidance to the State Government in formulation of its policy and execution of its decision.