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STATE LEGISLATURE The Indian constitution establishes federal system with parliamentary form of govt at the union and

state. As a result the structure of the state govt is very much like that of govt at the centre. As we have President in Parliament at the centre so we have the Governor in legislature at the state level. The constitution provides for a legislative for every state. There are 6 states, which has two houses in the legislature. The remaining states have unicameral legislature. Where there are two houses of the legislature, one is known as Legislative Assembly (Vidhana sabha) the other The Legislative Council (Vidhana Parishath). The Governor of the State is an integral part of the Legislature. The Parliament of India is empowered by the constitution to set up a legislative council for any of the States or to abolish the council of any of the State. It is provided that if the legislative assembly of the concerned state resolves by an absolute majority of its total membership and majority of members present and voting. Thus the President will by a law create a legislative council of a state or to abolish the legislative council of the concerned state. The Legislative Council: It is the upper house of the state legislature. The number of members of the legislative council cannot be more than of the members of the legislative assembly of the concerned state and not less than 40. The state of Jammu & Kashmir is an exception. It consists of only 36 members. Composition: All the members of legislative council are not elected by the same electorate. Its members represent various sections of the people. a) About members of the council are elected by the members of the local bodies. [Municipal committee, municipal corporation, zilla Parishath] in the state. b) About members are elected by the members of the legislative assembly from amongst persons who are not its members. C) About 1/12th members are elected by university graduates of atleast 3yrs standing. d) About 1/12th members are elected by the teachers not lower in standard then that of a secondary school e) The remaining 1/6th members are nominated members by the governor of the state. The nominated members are eminent people in the field of arts, science, literature, education and social service. Qualification: According to the constitution a member of the legislative council must have 3 qualifications 1) He must be a citizen of India. 2) He must be above 30yrs of age. 3) He must have all other qualification as laid down by a law of parliament i.e., people of unsound mind, declared criminals and bankrupts cannot

become members of the legislative council. No person can at some time be a member of both the houses of state legislature or of the legislative council and the parliament. Tenure (term): Legislative council like the Rajya sabha is a permanent chamber. It is never dissolved. Its members are elected for a term of 6yrs and 1/3rd of the members retire of the every 2yrs.

THE LEGISLATIVE ASSEMBLY:


Composition:

Legislative Assembly is the popular chamber of the state legislature. It is created on the similar model as the Lok sabha. The composition of the legislative assembly differs from states to state. Representation is given in the legislative assembly on the basis of the strength of the population. Constitution provides that the maximum strength should not exceed 500 and its minimum strength should not fall below 60. The members of the legislative assembly are elected on the basis of territorial constituencies by the single member constituencies as the member to be elected. It is required that seats shall be reserved in the house for S.C & S.T. The Governor has been given the power to nominate some members of the Anglo-indian community in case he finds that it has no adequate representation in the house. Election of members: The members of legislative assembly are elected on the basis of Universal Adult Franchise System without any consideration of caste, creed, and religion. Only the registered citizens, as voters in the state are entitled to the right to vote. All those citizens who have crossed the age of 18yrs are permitted to exercise their votes. As far as possible the ratio between the population of each constituency and the number of seats allotted to it will be same through out the state. Tenure: The normal tenure of the legislative of the assembly is 50yrs. It may be dissolved by the governor at any time earlier than 5yrs on the advise of the Chief minister. In case of constitution breakdown in a state, the President may on the advise of the governor proclaim constitution emergency under article 356 and dissolve the assembly. The tenure of the assembly may be extended by 1yr at a time of national emergency. But election for a new assembly must be completed with in 6 months after the emergency is resolved. Speaker of the Vidhana Sabha: The presiding officer of the Vidhana sabha is called Speaker. He is elected by the members of the house. He may resign his office by addressing his letter to the deputy speaker or who ever he chooses. He may be removed in case a resolution of the assembly is passed by a majority of the members

of the house after 14 days notice is given to him. The speaker vacates his office, the moment he ceases to be its member. He continues to hold his office until immediately before the 1st meeting of the new house after general elections. The functions and powers of the state speakers are more or less the same in the case of the loksabha speaker. As soon as he is elected to that office he is supposed to become impartial and looks after the interest of all the sections of the house. He is expected to perform all those functions and enjoy all those privileges, which are enjoyed by the speaker of Lok Sabha. POWERS AND FUNCTIONS OF THE STATE LEGISLATURE OR LEGISLATIVE ASSEMBLY. The powers and functions of the legislative assembly can be discussed under the following heads. 1) Legislative Power: The legislative assembly is empowered to make the laws on all the matters mentioned in the state list and the concurrent list. If the central govt and the state govt make the laws simultaneously pertaining to a matter in the concurrent list, the central law prevails over the state law. The legislative assembly enjoys more powers than the legislative council in ordinary law making process. An ordinary bill passed by the legislative assembly may be delayed by the legislative council at the most for 4 months. 2) Executive Powers: The council of ministers which conducts the day-today administration of the state is the product of the legislative assembly. It is therefore held accountable to the legislative assembly. The members of ministry are individually and collectively held responsible to the legislative assembly. The legislative assembly can bring down the govt successfully by passing a No Confidence Motion against it. The govt would resign the very moment it loses the confident of assembly. The legislative assembly controls the govt by means of questions, supplementary questions, adjournment, censure and cut-motions etc. 3) Financial Powers: The money bills can be introduced in the legislative assembly only. The legislative council has no power to initiate or introduce the financial bill. The Budget presented by the govt requires the approval of the legislative assembly. The govt has to resign, if the assembly does not give its consent to the Budget. The Budget presented by the govt would be normally accepted by the legislative assembly with some minor changes. 4) Electoral Powers: The elected members of the legislative assembly take part in the election of the President of India. They also elect the members of Rajya sabha representing their state. The members of various committees of legislature are elected by the members of the assembly.

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