This Article is written by Om Kumar & this article discuss the concepts of State Legislature.
Constitution of a state legislature 2
State Legislature-Legislative Assembly 2
State Legislature- Legislative Council 2
Chairman of the legislative council 3
Functions of the state legislature 3
Introduction
The legislature is the entity responsible for establishing laws in the state. It has the authority to enact legislation as well as govern the country. According to Article 168 of the Indian Constitution, a state may have both a unicameral (Legislative Assembly) and a bicameral legislature. Every state must have a legislature, which includes the governor.
Constitution of a state legislature
Unicameral Legislature
A unicameral legislature is one in which just one legislative chamber is responsible for all functions, including lawmaking, budgeting, and discussing national and international matters. Because most countries have a unicameral legislature, this is the most usual. It is a practical type of legislation since it simplifies the law-making process and reduces the chance of roadblocks. Members of the state’s unicameral legislature (Legislative Assembly) are elected directly by the people.
Bicameral Legislature
A bicameral legislature is a state with two distinct law-making houses that carry out functions such as budgeting and legislation. India has a bicameral legislature at the national level, although states can form their own. Only six Indian states—Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh—have a bicameral legislature. In contrast, a bicameral legislature may be less successful than a unicameral legislature.
Andhra Pradesh, Bihar, Maharashtra, Madhya Pradesh, Karnataka, and Uttar Pradesh all have bipartisan legislatures with two houses each.
It is therefore comprised of the Governor, the Legislative Council, and the Legislative Assembly.
In all other states, the State Legislature is unicameral, with a single House comprised of the Governor and the Legislative Assembly.
Composition of the houses
State Legislature-Legislative Assembly
According to Article 170 of the Indian constitution, each state shall have its own Legislative Assembly. However, these assemblies should be held in accordance with Article 333 of the Indian Constitution. The state’s Legislative Assembly can have up to 500 representatives with a minimum of 60 constituencies. Members would be elected directly to represent these constituencies. The composition of a state’s Legislative Assembly may shift in reaction to demographic changes in that state. Article 172 of the Indian Constitution stipulates the tenure or duration of the Legislative Assembly. The Legislative Assembly should serve for five years. Its duration begins on the first day of its inaugural meeting.
State Legislature- Legislative Council
Article 171 of the Indian Constitution establishes the composition of the Legislative Council. The Legislative Council’s overall membership should not exceed one-third of the state Legislative Assembly’s total membership. In any case, a Legislative Council member should be over the age of forty. There is one exception to Vidhan Parishad’s composition. Unlike the other Legislative Councils, the Legislative Council of Jammu and Kashmir has just 36 members.
Chairman of the legislative council
The Chairman is the state legislative council’s presiding officer. There’s also a deputy chairman. These two positions relate to the Rajya Sabha Chairman and Deputy Chairman.
The Chairman/Deputy Chairman is chosen from among the Council members, and their compensation is governed by law.
Dissolution of the house
It merely indicates that the Governor has the power to dissolve the Legislative Assembly on occasion.
The Supreme Court has ruled that neither the Legislature nor its members have a constitutional power to have it dissolved until the conclusion of the time period specified, which is five years from the day it has its first sitting.
The Constitution is silent on when and under what circumstances the Governor may dissolve the House.
Functions of the state legislature
The State Legislature fulfils the same function for the state that Parliament does for the whole of India. It passes laws, collects taxes, sanctions funds for public expenditure, and criticises and oversees the state administration.
In terms of legislation, a state legislature follows a system substantially identical to that of Parliament.
An ordinary bill, not a money or financial measure, can originate in either House. In a bi-cameral legislature, a law is only passed if both houses agree.
If a Bill passed by the Legislative Assembly is rejected by the Legislative Council, if it is not passed within three months of being laid before it, or if the Council passes it with certain amendments that the Assembly rejects, the Assembly may re-pass the Bill and send it to the Council.
If the Council rejects the Bill again or fails to pass it within one month of the date on which it is laid before it, the Bill is deemed to have been passed by both Houses in the form in which it was passed by the Assembly for the second time, with any amendments made or suggested by the Council and agreed upon by the Assembly.
In 1973, the Gujarat Legislature enacted the Gujarat Secondary Education Bill. Because the Bill allowed for the temporary control of a school’s operation in the public interest, the Governor put it on hold until the President approved it. The Central Government felt that because minority institutions were not exempt from the takeover requirement, it violated Article 30. The Central Government then recommended changing the bill with an ordinance. The State Government submitted the draft ordinance, and the President approved both the Bill and the ordinance.
The Kerala Agrarian Relations Bill is one example of this strategy. The Bill was enacted by the Kerala Legislature in 1959, however the Governor delayed it pending President’s signature. Meanwhile, the Kerala legislature was dissolved and fresh elections were held. The President then returned the Bill to the Legislature for reconsideration, citing his recommended modifications. The Bill was passed by the Assembly with the required amendments, and it received Presidential assent. This instance indicates that a law requesting Governor or President’s approval does not expire owing to the dissolution of the State Legislature. A bill enacted by one Legislature can be reconsidered and amended by a future Legislature.
A Money Bill is relatively easy to pass in a unicameral Legislature. In a bi-cameral legislature, the Legislative Assembly has precedence over the Legislative Council on financial concerns; for example, the Money Bill is introduced in the Assembly rather than the Council.
Legislative privileges
A House of a State Legislature has the same privileges as the Houses of Parliament.
Freedom of speech.
It specifically safeguards free expression in the state legislature. This ensures that the people’s elected representatives have a full voice on all issues before the legislature.
Publication.
It stipulates that no individual shall be held liable in any court for any actions resulting from the publication of any report, document, votes, or processes within the authority of the House.
It exempts from court action the publication in a newspaper of a basically true report of proceedings in a House, if the publication is demonstrated to be made with malice. The same exemption applies to broadcasting.
Power to set regulations.
It empowers each House of the State Legislature to create rules controlling its processes and commercial activities, subject to constitutional constraints.
Internal autonomy.
Each House of the State Legislature has internal autonomy. Any decisions taken by the State Legislature cannot be contested on the grounds of ‘any asserted irregularity of procedure’.
In M.S.M. Sharma v. Dr. Krishna Sinha, the Supreme Court ruled that the legality of proceedings within a state’s Legislature could not be called into question because the process established by law was not strictly followed.
Legislative process
- The Legislature Procedure is comparable to the Parliamentary Procedure used in Parliament.
- State legislatures convene at least twice a year, with an interval of no more than six months.
- The Governor gives an opening address at the start of each new session.
- With the exception of the Money Bill, any bill may be submitted in either House.
- The Governor may reserve certain bills for consideration by the President.
- The President is not required to adopt a bill even if it has been enacted for the second time in the State Legislature.
Conclusion
In essence, the State Legislature is a key institution for state-level governance, representing the democratic and federalist principles enshrined in India’s Constitution. The unique characteristics and functions of each state legislature contribute to the overall diversity and complexity of India’s democratic governance system.
