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State Legislature: Vidhan Sabha

The document summarizes the structure and composition of state legislatures in India. It notes that state legislatures can be either unicameral (with one house called the Legislative Assembly) or bicameral (with two houses - the Legislative Assembly and Legislative Council). It provides details on the membership and election process for both houses. The key duties of the Speaker in the Legislative Assembly and the Chairman in the Legislative Council are also outlined.

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278 views3 pages

State Legislature: Vidhan Sabha

The document summarizes the structure and composition of state legislatures in India. It notes that state legislatures can be either unicameral (with one house called the Legislative Assembly) or bicameral (with two houses - the Legislative Assembly and Legislative Council). It provides details on the membership and election process for both houses. The key duties of the Speaker in the Legislative Assembly and the Chairman in the Legislative Council are also outlined.

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CHANDANA .M
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STATE LEGISLATURE

Chapter III of Part VI of the Constitution is concerned with the State Legislature. It
comprises state legislature and executives. Articles 168 to 212 in Part VI of the Constitution
deal with the organisation, composition, duration, officers, procedures, privileges, powers and
so on of the state legislature.

BICAMERAL & UNICAMERAL STATES:

The Legislature of every State shall consist of the Governor and the State Legislature,
in some of the States, the Legislature shall consist of two Houses, namely, the Legislative
Assembly and the Legislative Council, while in the rest, there shall be only one House,
namely the legislative assembly. The State Legislature which has only one House is known
as the “Legislative Assembly” (Vidhan Sabha) and in the State which has two houses, the
Upper House, is known as the “Legislative Council” (Vidhan Parishad) and the lower
House is known as the Legislative Assembly (Vidhan Sabha).

Owing to changes introduced since the inauguration of Constitution, in accordance with


the procedure laid down in Art. 169, the States having two Houses are Bihar, Maharashtra,
Karnataka, Andhra Pradesh, Telangana and Uttar Pradesh.

VIDHAN SABHA
 Legislative Assembly is also known as Vidhan Sabha. It is the Lower House of the State
Legislature.
 The maximum strength of an assembly must not exceed 500 or its minimum strength fall
below 60. But some of the States have been allowed to have smaller Legislative
Assemblies, e.g. Sikkim, Arunachal Pradesh, Goa, etc.
 The members of the Legislative Assembly are Directly elected and nominated by people
of the respective state.
 The duration of the Legislative Assembly is five years, but can be dissolved by the
Governor even before the expiry of its term.
 During the proclamation of Emergency, the term of five years may be extended to one
year by the Parliament by law for a period not exceeding one year at a time and not
extending in any case beyond a period of six months after proclamation has ceased to
operate as mentioned in the Article 172(1).
QUALIFICATIONS OF MEMBERS OF VIDHAN SABHA: A person shall not be qualified
to be selected to occupy a seat in the Legislature of a State unless he/she
1. is an Indian citizen;
2. is 25 years or above for Legislative Assembly, and
3. possess such other qualifications as may be prescribed by or under the law enacted by
the Parliament.
A person can be disqualified for being selected as and for being a member of the
Legislative Assembly or Legislative Council of a State if he/she holds an office of profit
under GOI or any State Government; is of Unsound mind; undischarged insolvent; is not an
Indian citizen or has voluntarily got the citizenship of a foreign State; is so disqualified by or
under any law made by Parliament.

 Article 192 says that if any question arises as to whether a member of a House of the
Legislature of a State has become subject to any of the disqualifications mentioned above,
the matter will be referred to the Governor of the state who has to act in accordance with
the opinion of the Election Commission. His decision is final and not liable to be
questioned in Court.

DUTY OF SPEAKER AND DEPUTY SPEAKER IN LEGISLATIVE ASSEMBLY:

 The presiding officer in legislative assembly is known as SPEAKER.


 The speaker of Legislative Assembly is elected by the Members of the assembly by
themselves.
 The Assembly also elects deputy speaker. While the office of the Speaker is vacant, the
Deputy Speaker performs his duties.
 The duties and powers of the Speaker are, broadly speaking the same as those of the
Speaker of the Lower House of the People i.e, Lok Sabha.

VIDHAN PARISHAD
 Legislative Council is also known as Vidhan Parishad. It is the Upper House of the State
Legislature.
 The members of Legislative council are elected (Indirect Election) by
1) One-third of its members are elected by Legislative Assembly.
2) One-third of its members are elected by Local bodies.
3) One-sixth of its members are nominated by the Governor.
4) One-twelfth of the members would be elected by graduates of the standing of three
years dwelling in that particular state.
5) One-twelfth of the members would be elected by of teachers who have been in the
teaching profession for at least 3 years in educational institutes(secondary schools) in
that state.
 The Legislative Council of a State Comprises not more than 1/3 rd of the total number of
members in the Legislative Assembly of the State and in no case less than 40 members.
 The duration of the Legislative Council is six years. But no person can be a permanent
member of the Council as one-third of the members of the Council retire on the expiry of
every second year.
 Unlike the Legislative Assembly, the Legislative Council is not subject to dissolution. It is
a permanent body unless abolished by the Legislative Assembly and Parliament by the due
procedure.

QUALIFICATIONS OF MEMBERS OF VIDHAN PARISHAD: A person shall not be


qualified to be selected to occupy a seat in the Legislature of a State unless he/she
1. is an Indian citizen;
2. is 30 years or above for Legislative Council, and
3. possess such other qualifications as may be prescribed by or under the law enacted by
the Parliament.
The criteria of disqualification of members of Legislative Council is as same as the
Legislative Assembly.

DUTY OF SPEAKER AND DEPUTY SPEAKER IN LEGISLATIVE COUNCIL:

 The presiding officer in legislative Council is known as CHAIRMAN.


 The Chairman of Legislative Council is elected among the Members of the council.
 The Legislative Council also elects deputy speaker. While the office of the Chairman is
vacant, the Deputy Chairman performs his duties.
 The duties and powers of the Chairman are, broadly speaking the same as those of the
Chairman of the Upper House of the People i.e, Rajya Sabha.

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