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state legislature is bicameral in some and in
some it is unicameral. In most states legislature
is unicameral. In unicameral state legislature
the (only) house is called Legislative Assembly.
In states where there are two houses there is
a Legislative Council along with Legislative
Assembly. In such a case Legislative Assembly
is the Lower House of the State Legislature
while the Legislative Council is the Upper House.
Governor is an integral part of the State Legislature.
The Legislative Assembly consists of not more
than 500 members and not less than 60. The biggest
state Uttar Pradesh has 425 members in its Assembly.
States which have small population and are small
in size have a provision for having even lesser
number of members in the Legislative Assembly.
Pondicherry, Mizoram, Arunachal Pradesh have
only 30 members each. Sikkim has 32 members.
All members of the Legislative Assembly are
elected on the basis of adult franchise, and
one member is elected from one constituency.
Just as the President has the power to nominate
2 Anglo Indians to the Lok Sabha, similarly,
the Governor also has the power to nominate
a certain number of members from the Anglo Indian
community as he deems fit, if he is of the opinion
that they are not adequately represented in
the Assembly.
The Legislative Council consists of not more
than 1/3rd of the total strength of the Legislative
Assembly of the state and not less than 40.
The members of the Legislative Council are elected
as well as nominated. Broadly speaking, 5/6th
of the total members of the Council are indirectly
elected and 1/6th are nominated by the Governor.
The composition is as follows:
i) 1/3 of the total members of the Council are
elected by electorates consisting of members
of local bodies such as corporations, municipalities
and zila parishads.
ii) 1/3 are be elected by members of Legislative
Assembly from among the persons who are not
members of the Assembly.
iii) 1/12 are elected by electorates consisting
of persons who are graduates of three years
standing, residing in that state.
iv) 1/12 are elected by electorates consisting
of persons engaged for at least three years
in teaching in educational institutions within
the state, not lower in standard than secondary
schools.
v) The remainder are nominated by the Governor
from persons having knowledge or practical experience
in fields such as legislature, science, arts,
co-operative movement and social service.
QUALIFICATION FOR MEMBERSHIP OF THE STATE
LEGISLATURE
The qualifications to be a member of the state
Legislature are largely similar to the qualifications
to be the members of Parliament. A person can
become a member of the Legislative Assembly
of the state if he or she is
i) a citizen of India ii) not less
than 25 years of age to be member of the Legislative
Assembly and not less than 30 to be a member
of the Legislative Council. No person can
become .a member of the Legislative Assembly
or the Legislative Council of any state, unless
he himself is a voter from any constituency
of the state. Those who cannot become members
of Parliament can also not become members of
state Legislature.
TERM
The term of the Legislative Assembly is five
years. But it may be dissolved even earlier
than five years by the Governor on the request
of Chief Minister. The term of the Legislative
Assembly may be extended during an Emergency,
but not more than six months at a time.
The Legislative Council is the Upper House
in the State. Just like the Rajya Sabha it is
a permanent House and cannot be dissolved. The
term of each member is 6 years and 1/3rd members
of the House retire after every two years.
PRESIDING OFFICERS
You have read about the Presiding officers
of the Lok Sabha and the Rajya Sabha In the
same way the Legislative Assembly and the Legislative
Council also have Presiding Officers. The Legislative
Assembly has a Speaker and a Deputy Speaker.
They are elected from among the members of the
House. The Legislative Council has a Chairman
and a Deputy Chairman. They are elected from
among its members. The functions performed by
these presiding officers are similar to the
function of presiding officers of the two Houses
of Parliament. The Speaker of the Assembly
can decide whether a bill is a money bill or
not. Presiding Officers of both the Houses have
the right to exercise casting vote in case of
tie.
POWERS OF THE STATE LEGISLATURE
The most important function of the Legislature
is law making. The State Legislature has the
power to make laws on all items on which Parliament
cannot legislate. Some of these items are police,
prisons, irrigation, agriculture, local governments,
public health, pilgrimages, burial grounds etc.
Some items on which both Parliament and states
can make laws are education, marriage and divorce,
forests, protection of wild animals and birds
etc.
As regards Money Bill, the position is the
same. Bills can originate only in me Legislative
Assembly. The Legislative Council can either
pass the bill within 14 days from the date of
the receipt of the Bill or suggest changes in
it within 14 days. But these changes may or
may not be accepted by the Assembly.
The State Legislature besides making laws
also has one electoral power, m electing the
President of India me elected members of the
Legislative Assembly also take part along with
the elected members of Parliament.
We have seen that some, parts of the Constitution
can be amended by Parliament with the approval
of half of State Legislatures. Thus the State
legislatures take part in the process of amendment
of our Constitution.
Ministers in the state governments are responsible
to the Vidhan Sabha (Legislative Assembly) of
the state. Like Lok Sabha at the centre, state
Assembly also keeps constant vigil over state's
Council of Ministers. This is done through questions,
supplementary questions and adjournment motions.
The Assembly may force the Chief Minister and
the Council of Minister to resign if it adopts
a vote of no confidence against the government,
or if a government proposal, bill or budget
is rejected by the Assembly.
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