STATE LEGISLATURE IN INDIA

STATE LEGISLATURE IN INDIA

Constitutional Provisions:

• Articles 168 to 212 of the Indian Constitution outline the provisions related to the State Legislature in Chapter III of Part VI.
• The State Legislature comprises:
  • Unicameral System: Governor and Legislative Assembly (Vidhan Sabha).
  • Bicameral System: Governor, Legislative Assembly, and Legislative Council (Vidhan Parishad).

States with Bicameral Legislatures:

• As of now, six states in India have a bicameral legislature:
  1. Andhra Pradesh
  2. Telangana
  3. Uttar Pradesh
  4. Bihar
  5. Maharashtra
  6. Karnataka
• West Bengal has passed a resolution to create a Legislative Council, but it awaits parliamentary approval.
• The Legislative Council of Jammu and Kashmir was abolished under the Jammu and Kashmir Reorganisation Act, 2019.

Legislative Assembly (Vidhan Sabha)

Structure and Composition:

• Article 170 stipulates that the Legislative Assembly should have a minimum of 60 and a maximum of 500 members.
• Exceptions to the minimum limit due to smaller populations include:
  • Sikkim: 32 members
  • Goa: 40 members
  • Mizoram: 40 members
• Seat Allocation is based on the 1971 Census data, as per the 84th Constitutional Amendment Act, 2001, which freezes the allocation until the first census after the year 2026.

Reservation of Seats:

• Article 332: Provides for the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs).
• Article 333: Previously allowed for the nomination of one member from the Anglo-Indian community by the Governor. This provision was abolished by the 104th Constitutional Amendment Act, 2019.

Rajasthan Legislative Assembly:

• Comprises 200 members.
• Seats are reserved for SCs and STs in accordance with constitutional provisions.

States with the Largest Assemblies:

• Uttar Pradesh: 403 members
• West Bengal: 294 members
• Maharashtra: 288 members

States with the Smallest Assemblies:

• Puducherry: 30 members
• Sikkim: 32 members
• Goa: 40 members

Election Process:

• Members are elected through universal adult suffrage.
• Any citizen of India aged 18 years or above is eligible to vote, provided they are registered on the electoral roll.

Qualifications for Membership:

• Must be a citizen of India.
• Must be at least 25 years old.
• Should not be bankrupt or of unsound mind.
• Must meet other qualifications as prescribed by Parliament.

Disqualifications:

• Holding an office of profit under the government.
• Being of unsound mind, declared by a competent court.
• Being an undischarged insolvent.
• Not being an Indian citizen or voluntarily acquiring citizenship of a foreign state.
• Disqualification under anti-defection laws (Tenth Schedule).

Termination of Membership:

• If elected to both the Parliament and the State Assembly, the member must vacate one seat.
• Absence from the House for 60 consecutive days without permission.
• Resignation submitted in writing to the Speaker.

Officers of the Legislative Assembly:

Speaker and Deputy Speaker:

• Election:
  • Both are elected by the members of the assembly by a simple majority.
• Tenure:
  • Hold office during the life of the assembly (5 years).
  • Can resign by submitting a written resignation to the Deputy Speaker (in case of the Speaker) or Speaker (in case of the Deputy Speaker).
  • Can be removed by a resolution passed by a majority of all the then members of the assembly, after giving 14 days’ notice.

Functions of the Speaker:

• Presiding Officer of the assembly sessions.
• Maintains order and decorum in the House.
• Decides on the admissibility of questions and motions.
• Interprets the rules of procedure.
• Certifies whether a bill is a Money Bill; this decision is final.
• Has a casting vote in case of a tie.
• Adjudicates on matters of defection under the Tenth Schedule.

Note: The Speaker does not vote in the first instance but can exercise a casting vote in case of a tie.

Tenure and Sessions:

• The Legislative Assembly is not a permanent body; its normal term is 5 years from the date of its first meeting.
• Can be dissolved earlier by the Governor.
• During a national emergency, Parliament may extend its term by one year at a time under Article 172.
• The assembly must meet at least twice a year, with no more than 6 months between sessions (Article 174).
• The Governor addresses the first session after a general election and the first session of each year.

Powers and Functions of the Legislative Assembly:

Legislative Powers:

• Can make laws on subjects in the State List and Concurrent List.
• Ordinary Bills can be introduced in the assembly.
• Limitations:
  • During a national emergency (Article 352), Parliament can legislate on state subjects.
  • Under Article 249, if the Rajya Sabha passes a resolution by a two-thirds majority, Parliament can legislate on state matters in the national interest.
  • Certain bills require the President’s prior approval, e.g., those affecting inter-state trade (Article 304).

Financial Powers:

• Money Bills can only be introduced in the assembly.
• The assembly has exclusive authority over voting on demands for grants.
• The Legislative Council, where present, can only make recommendations on money bills.

Executive Control:

• The Council of Ministers is collectively responsible to the assembly.
• Control is exercised through:
  • Question Hour and Zero Hour.
  • Adjournment Motions.
  • Censure Motions.
  • No-confidence Motions.

Electoral Functions:

• Members participate in:
  • Election of the President of India.
  • Election of Rajya Sabha members from the state.
  • Election of 1/3rd members of the Legislative Council (in bicameral states).
  • Election and removal of the Speaker and Deputy Speaker.
• Constitutional Amendments: Certain amendments require ratification by half of the state legislatures.

Legislative Council (Vidhan Parishad)

Structure and Composition:

• The Legislative Council is a permanent body; it cannot be dissolved.
• Article 171 states that the total number of members should not exceed 1/3rd of the assembly and not be less than 40.
• Exceptions: Some states may have a smaller council due to specific legislative provisions.

Current States with Legislative Councils:

1. Andhra Pradesh
2. Telangana
3. Uttar Pradesh
4. Bihar
5. Maharashtra
6. Karnataka

Method of Formation:

• A state can create or abolish a Legislative Council by passing a resolution in the assembly with a special majority (majority of the total membership and two-thirds of members present and voting).
• The resolution is then sent to Parliament for approval.

Election and Composition:

• 1/3rd elected by members of the assembly.
• 1/3rd elected by local bodies (municipalities, district boards).
• 1/12th elected by teachers with at least three years of experience in secondary schools and higher.
• 1/12th elected by graduates of at least three years’ standing.
• 1/6th nominated by the Governor from persons with special knowledge or practical experience in fields like literature, science, art, cooperative movement, and social service.

Qualifications:

• Must be a citizen of India.
• Must be at least 30 years old.
• Should meet other qualifications as prescribed by Parliament.

Disqualifications:

• Similar to those for the assembly: office of profit, unsound mind, insolvency, loss of citizenship, defection.

Tenure:

• Members serve for 6 years.
• 1/3rd of the members retire every 2 years.

Sessions and Quorum:

• The council must meet at least twice a year, with no more than 6 months between sessions.
• Quorum: 1/10th of the total membership or 10 members, whichever is greater.

Presiding Officers:

• Chairman and Deputy Chairman are elected by council members.
• Removal requires a resolution passed by a majority, with 14 days’ notice.

Powers and Functions of the Legislative Council:

Legislative Powers:

• Can delay ordinary bills passed by the assembly for a maximum of 4 months (3 months in the first instance and 1 month when returned).
• The assembly can override the council’s recommendations.
• No Joint Sitting: Unlike Parliament, there is no provision for a joint sitting to resolve disagreements between the two houses at the state level.

Financial Powers:

• Money Bills can only originate in the assembly.
• The council can only recommend changes to money bills and must return them within 14 days.
• The assembly may accept or reject the council’s recommendations.

Executive Control:

• The council can:
  • Discuss and debate policies.
  • Question ministers.
  • Bring motions like adjournment and censure motions.
• However, the Council of Ministers is not responsible to the council.

Key Constitutional Articles:

• Article 168: Composition of State Legislatures.
• Article 170: Composition of Legislative Assemblies.
• Article 171: Composition of Legislative Councils.
• Article 172: Duration of State Legislatures.
• Article 174: Sessions of the State Legislature.
• Article 175: Right of Governor to address and send messages.
• Article 176: Special address by the Governor.
• Article 177: Rights of Ministers and Advocate-General in the Legislature.
• Article 178: The Speaker and Deputy Speaker of the Legislative Assembly.
• Article 182: The Chairman and Deputy Chairman of the Legislative Council.
• Article 191: Disqualifications for membership.

Relevance to Rajasthan:

• Rajasthan has a unicameral legislature with only the Legislative Assembly and the Governor.
• Understanding the structure and functioning of the Legislative Assembly is crucial for administrative roles in Rajasthan.
• The assembly plays a pivotal role in law-making, controlling the executive, and representing the people’s interests.

Recent Developments and Amendments:

• 104th Constitutional Amendment Act, 2019: Abolished the nomination of Anglo-Indians to the Lok Sabha and State Legislative Assemblies.
• Jammu and Kashmir Reorganisation Act, 2019: Reorganized the state into two Union Territories and abolished its Legislative Council.
• Proposals for New Legislative Councils: States like West Bengal have proposed creating a Legislative Council; however, parliamentary approval is pending.

Comparison Between Legislative Assembly and Legislative Council:

Types of Bills:

1. Ordinary Bill:
   • Can be introduced in either House (Legislative Assembly or Council where bicameral).
   • Requires passage by both Houses in bicameral legislatures.
   • In unicameral states, the bill is sent to the Governor after passing the assembly.
2. Government Bill:
   • Introduced by a minister.
   • The most common type of bill, dealing with policy, administration, or public welfare.

Powers and Functions of the Legislative Assembly vs. Legislative Council:

Rajasthan Legislative Assembly Speaker Tenure:

Other Important Facts about Rajasthan Legislative Assembly:

• First Legislative Assembly constituted: 29 March 1952
• Members in the first assembly: 160
• Current number of seats: 200
• Reservation:
  • SC: 34 seats
  • ST: 25 seats
• Quorum: 1/10th of total members
• First Speaker: Shri Narottam Lal Joshi
• First Woman Speaker: Smt. Sumitra Singh
• Longest serving Speaker: Shri Ram Niwas Mirdha
• Shortest serving Speaker: Shri Samarth Lal Meena
• Current Speaker: Dr. C. P. Joshi
• Total women MLAs in the current assembly: 26

Chief Ministers of Rajasthan:

Deputy Chief Ministers of Rajasthan:

Governors of Rajasthan:

Governor and Chief Minister During President’s Rule in Rajasthan:

State Election Commission of Rajasthan:

The State Election Commission (SEC) is a constitutional authority in charge of supervising and managing local elections such as Panchayat, Municipality, and other urban local body elections. The following are details of the commissioners from its formation till the present:

Important Chief Ministers of Rajasthan:

Important Legislative Speakers of Rajasthan:

• First Speaker: Shri Narottam Lal Joshi (1952–1957)
• Longest-serving Speaker: Shri Ram Niwas Mirdha (1957–1967)
• First Woman Speaker: Smt. Sumitra Singh (2004–2009)
• Current Speaker: Dr. C.P. Joshi (Since 2019)

Historical Timeline of Governors in Rajasthan:

State Legislative Assembly Key Facts:

• First Assembly Constituted: 29 March 1952
• Current Members in Assembly: 200 members
• Reservation:
  • SC: 34 seats
  • ST: 25 seats
• Quorum: 1/10th of total membership
• Current Speaker: Dr. C.P. Joshi
• Total women MLAs in the current assembly: 26
• First Woman Speaker: Smt. Sumitra Singh (2004)

Key Points for RPSC RAS Exam Preparation:

• Bicameral vs. Unicameral Legislature: Understanding which states have a bicameral system (e.g., Uttar Pradesh, Maharashtra) and how Rajasthan functions with a unicameral system (Legislative Assembly).
• Recent Developments: Amendments like the 104th Constitutional Amendment Act, 2019 abolished Anglo-Indian reservations in the state legislatures.
• Powers of the Speaker and Legislative Assembly: The Speaker’s casting vote and power to adjudicate anti-defection cases are critical for maintaining legislative order.