In the vast landscape of Indian democracy, the State Legislative Assemblies stand as pillars of legislative governance at the regional level. Aspirants preparing for the Union Public Service Commission (UPSC) examinations often focus on understanding the intricate dynamics of these assemblies, recognizing their pivotal role in shaping state-level policies and governance.
The state legislative assembly, also referred to as the Vidhan Sabha, serves as the lower house of the state legislature and is directly elected by the people for a term of five years. Legislative bodies in India can be categorized into two types: Unicameral and Bicameral legislatures. Unicameral legislatures consist of a single house responsible for making and implementing laws, while Bicameral legislatures, like India’s, comprise two houses that share the responsibility of lawmaking at both the national and state levels. In India, six out of the 28 states and all union territories have both a state legislative assembly and a legislative council within the state legislature.
Constitutional Provision
Bicameral and Unicameral States
A Unicameral State refers to a legislative system where only one house exists to enact and enforce laws for the state or country.
On the other hand, a Bicameral State consists of a legislative body with two houses. India serves as an example of a bicameral system, with two houses at both the national level and in six out of its 28 states. In a bicameral legislature, the responsibility for administering and implementing laws is divided between the two houses.
Legislative Assembly
The Legislative Assembly, being directly elected by the populace, holds significant power as the primary governing body within a State. The Constitution stipulates that the assembly’s size should not exceed 500 members or fall below 60, although certain states like Sikkim, Arunachal Pradesh, and Goa have smaller assemblies.
Territorial constituency boundaries should ideally be drawn to ensure equal representation, striving for a consistent ratio between population size and allocated seats throughout the State.
In addition to these general provisions, special arrangements exist for the representation of Scheduled Castes (SC) and Scheduled Tribes (ST). Furthermore, if the Governor deems the Anglo-Indian community underrepresented, they have the authority to nominate one member from that community to the assembly.
Legislative Council
The Legislative Council of a State consists of a maximum of one-third of the total members of the Legislative Assembly, with a minimum of 40 members, except in Jammu and Kashmir, where it comprises only 36 members. The composition of the Council, as outlined in the Constitution, is subject to change, with the ultimate authority resting with the Union Parliament.
Duration of Assembly and Council
The Legislative Council is a partly nominated and partly elected body, with elections conducted indirectly based on the principle of proportional representation by the single transferable vote. Its members are drawn from various sources, resulting in a diverse composition. Approximately five-sixths of the total members are indirectly elected, while one-sixth is nominated.
The term of the Legislative Assembly is five years, with the Governor holding the power to dissolve it even before its term ends. However, during a state of emergency, the Parliament can extend the term by up to one year at a time, not exceeding six months after the emergency ceases. In contrast, the Legislative Council is not subject to dissolution and remains a permanent body unless abolished through proper legislative procedures. However, one-third of its members retire every second year, resulting in a term of six years for each member, with the possibility of re-election.
The composition of the Legislative Council includes members elected by various electorates:
(a) One-third elected by members of local bodies such as municipalities and district boards.
(b) One-twelfth elected by graduates residing in the state for at least three years.
(c) One-twelfth elected by teachers with a minimum of three years’ experience in educational institutes above secondary level.
(d) One-third elected by members of the Legislative Assembly from individuals who are not Assembly members.
(e) The remaining members are nominated by the Governor from individuals with expertise in areas such as science, literature, cooperative movement, art, and social service. The Governor’s nominations are not subject to questioning by the courts regarding their propriety or bona fide intentions.
Qualifications
A person must meet the following criteria to be eligible for selection to a seat in the Legislature of a State:
(a) Citizenship: The individual must be an Indian citizen.
(b) Age: For the Legislative Assembly, the candidate must be 25 years or older, while for the Legislative Council, the age requirement is 30 years or older.
(c) Additional Qualifications: The Parliament may prescribe additional qualifications.
Additionally, the Representation of the People Act, 1951, specifies that a person cannot be elected to the Legislative Assembly or Council unless they are themselves eligible to vote in a Legislative Assembly constituency in that State.
Disqualification for membership in the Legislative Assembly or Council may occur if the individual:
(a) Holds an office of profit under the Government of India or any State Government, with exceptions for certain specified offices.
(b) Is declared mentally unsound by a competent court.
(c) Is an undischarged insolvent.
(d) Is not an Indian citizen, has voluntarily acquired citizenship of a foreign state, or has acknowledged allegiance to a foreign nation.
(e) Is disqualified under any law enacted by Parliament.
Furthermore, Article 192 of the Constitution empowers the Governor of the state, in consultation with the Election Commission, to determine if a member of the Legislative Assembly or Council has become subject to any disqualifications. The Governor’s decision in this regard is final and cannot be challenged in court.
Office of Speaker and Deputy Speaker
- If a Speaker ceases to be a member of the Assembly, they automatically vacate their office.
- A Speaker has the option to resign from their office at any time.
- The Assembly can remove a Speaker from office through a resolution passed by a majority of all current members of the Assembly, provided that a notice of intention to move such a resolution is given at least fourteen days in advance.
- The position of Speaker does not become vacant upon the dissolution of the Assembly. Instead, the Speaker continues to hold the position until immediately before the first sitting of the Assembly after the dissolution.
- In the absence of a Speaker, the duties of the office are performed by the Deputy Speaker.
- The duties and powers of the Speaker are essentially the same as those of the Speaker of the Lok Sabha, the lower house of the Indian Parliament.
Office of Chairman and Deputy Chairman
- The Council selects a Chairman and a Deputy Chairman from its members.
- Both the Chairman and the Deputy Chairman vacate their positions if they cease to be members of the Council or resign from their membership.
- They can also be removed by a resolution passed by a majority of all current members of the Council, provided that a notice of intention to move such a resolution is given at least fourteen days in advance.
- During discussions regarding a resolution for their removal, the Chairman or Deputy Chairman in question cannot preside over the Council’s sitting but may attend and participate in the proceedings, including speaking.
- The Chairman presides over all Council sittings, and in their absence, the Deputy Chairman takes over.
- If both the Chairman and the Deputy Chairman are absent, the Council’s rules of procedure determine who presides, or if no such person is present, the Council decides.
- In the absence of the Chairman, the Deputy Chairman performs their duties. If the Deputy Chairman’s position is also vacant, the Governor appoints a Council member to carry out the duties associated with the Chairman’s office.
Session of State Legislature
1. Summoning
This means that the lawmakers need to be present for the legislature to do its work. The Governor calls for meetings of both the houses of the legislature, and they have to meet at least two times every year.
2. Adjournment
The person in charge of the meeting in the House can stop the meeting for a while, which could be for a few hours, days, or even weeks. If the meeting is stopped without saying when it will start again, it’s called “Adjournment sine die.” “Adjournment sine die” occurs when the presiding officer ends the session of the House by order of the Governor.
3. Prorogation
The Governor can also prorogue the House while it is in session. Prorogation ends both the current sitting and the session of the House, while adjournment only postpones a sitting. The period between prorogation and the resumption of House proceedings is known as recess.
4. Dissolution
The Legislative Council is a permanent body, so the term “dissolution” applies to the Legislative Assembly. The Legislative Assembly is dissolved at the end of its 5-year term from its first meeting. The outgoing State Cabinet advises the Governor to dissolve the Legislative Assembly, clearing the way for a new Assembly after general elections. Another scenario for dissolution is when the ruling party loses its majority. In such cases, the Council of Ministers resigns, and the Governor may ask other parties to prove their majority. If they fail, new elections must be held.
Passage of a bill
Bill in first house
A bill in the state legislature follows a legislative process similar to that at the national level. It can be introduced by a minister or any member in the Legislative Assembly for a unicameral legislature, or in either house for a bicameral legislature. In the case of a bicameral legislature, the bill is transferred to the other house after being passed by the house in which it originated.
Bill in second house
The Legislative Assembly has the authority to pass a bill with or without the recommendations suggested by the legislative procedure council. The legislative council has the option to reject the bill or retain it for three months without taking any action. If the Legislative Assembly passes the bill again and sends it to the council, the council can once again retain the bill for one month, either not passing it, rejecting it, or passing it with amendments, whether acceptable or not acceptable to the Legislative Assembly. Regardless of the council’s actions, the Legislative Assembly will pass the bill after the expiration of one month. There is no provision for a joint sitting in the state legislature.
Lapse of a bill
- Any bill that is pending in the assembly, regardless of whether it originated there or was sent from the council, expires.
- A bill that has been passed by the assembly but is still pending in the council expires.
- However, a bill that is pending in the council but hasn’t been passed by the assembly doesn’t expire.
- A bill that has been passed by the assembly (in a unicameral state) or by both houses (in a bicameral state), but is awaiting the Governor’s or President’s approval, doesn’t expire.
- Similarly, a bill passed by the assembly (in a unicameral state) or by both houses (in a bicameral state) but returned by the President for reconsideration doesn’t expire.
Assent of Governor
Once the bill is passed from both houses the bill is sent to the governor, The governor has following options:
- The Governor can give his assent, after which the bill becomes an Act.
- The Governor may reject the bill.
- The Governor can return the bill for reconsideration. If the Houses pass the bill again after reconsideration, the Governor must then assent to the bill.
- The Governor may reserve the bill for the President’s consideration.
Presidential Assent for Reserved Bills
When a bill is reserved by the Governor, the President has the authority to give assent, withhold assent, or return the bill for reconsideration. Upon being returned, the House or Houses must reconsider the bill within six months. Once passed by the House or Houses, with or without amendments, the bill is presented again for presidential assent. The Constitution does not specify whether it is mandatory for the President to give assent to such a bill.
Legislative Process for Money Bills
A money bill cannot be introduced without the governor’s recommendation. It is considered a government bill and can only be introduced by a minister in the legislative assembly. After passing the assembly, the bill goes to the legislative council, where it can only be discussed and recommendations can be made. The council must return the bill, with or without recommendations, within 14 days. The assembly has the authority to accept or reject these recommendations. Once finalized, the bill is sent to the Governor for assent. The Governor may choose to give or withhold assent, or send it for the President’s consideration. Similarly, the President may give or withhold assent. However, neither the Governor nor the President can return the bill for reconsideration.
Dissolution of Assembly
Article 174(1)(b) grants the Governor the authority to dissolve the State Legislative Assembly before the completion of its five-year term. Typically, the Assembly remains intact until the end of its term, as long as the Ministry retains support in the House. However, if the Ministry loses majority support and forming a stable alternative Ministry becomes unfeasible, the Governor may choose to dissolve the Legislative Assembly at their discretion.
In the case of S.R. Bommai v. Union of India, the Supreme Court provided guidelines on this matter. It stated that the Assembly should not be dissolved until the Proclamation issued under Article 356 by the President is ratified by both Houses of Parliament.
Also read about office of Chief Minister and Council of Minister.