INDIAN POLITY : CONSTITUTION OF INDIA
PART VI – THE STATES
THE STATE LEGLISLATURE
Article 168 Constitution of Legislature
A State Legislature consists of
– Governor
– Legislative Assembly:
• in all States
– Legislative Council:
in AP, Bihar, Maharashtra, Karnataka, Telangana, UP
Article 169 Creation/Abolition of Legislative council
• Parliament may by law create or abolish Legislative Council for a State
• Pre-requisite:
– Legislative Assembly passes resolution to that effect
– by a majority of not less than 2/3rd members of Assembly present and voting
• A law creating/abolishing Legislative Council is not deemed amendment of Constitution u/a 368
Article 170 Composition of Legislative Assembly
Subject to Article333
Legislative Assembly to consist of not more than 500 and not less than 60 members
• to be chosen by direct election from territorial constituencies
Division of State
• Each State to be divided into territorial constituencies
• Population of each constituency to be practically the same
• Till the first census after 2026
– ‘Population’ means population as determined by 2001 census
Readjustment after census
• Number of seats in Assembly and division of State into territorial constituencies shall be readjusted after each census
– by an authority determined by Parliament by law
• No readjustment necessary, till the first census taken after 2026,
– of number of seats determined on the basis of 1971 census
– of territorial constituencies determined on the basis of 2001 census
Article 171 Members of Legislative Council
Number of members:
Max: 1/3rd of Legislative Assembly members
Min: 40
Composition of Legislative Council
• 1/3rd members to be elected by MLAs
• 1/3rd members to be elected by member of municipalities and other local authorities
• 1/12th members to be elected by persons residing in State who have been graduates for 3 years or more
• 1/12th members to be elected by teachers of 3 years standing in secondary schools and higher
• Remaining (1/6th) members to be nominated by Governor
Nominated members
• Nomination by Governor: of persons having special knowledge or practical experience in
– Science
– Art
– Literature
– Social service
– Cooperative movement
Article 172 Duration of State Legislatures
Legislative Assembly:
• Normal tenure 5 years from the date of first meeting
• To dissolve automatically at the end of its 5 year term
• Can be dissolved earlier also
• During Emergency, its term may be extended by Parliament by law by one year at a time, but not beyond 6 months from the end of Emergency
Legislative Council:
• Not subject to dissolution
• 1/3rd of its members shall retire every second year
Article 173 Qualifications for membership
• Should be a citizen of India
• Should make oath before a person authorized by Election Commission
• Age: 25 years for Legislative Assembly, 30 years for Legislative Council
• Other qualifications to be prescribed by Parliament by law
Article 174 Sessions, Prorogation and Dissolution
• House/Houses to be summoned by Governor from time to time
• 6 months not to intervene between last sitting of one session and first sitting of next session
• House/Houses to be prorogued by Governor
• Legislative Assembly may be dissolved by Governor from time to time
Article 175 Rights of Governor
• Governor has the right to address either House or joint sitting of State Legislature
• He has the right to send messages to either House, relating to a pending bill, or otherwise
Article 176 Special Address by Governor
• Governor shall address the Assembly, or both Houses assembled together, at the start of
– First session after each general election to Assembly
– First session of each calendar year
Article 177 Rights of Ministers
• Every Minister has the right to speak in and take part in proceedings of either House
– but not entitled to vote
• Advocate General of the State also has similar right
Article 178 Officers of Legislative Assembly
• Legislative Assembly shall choose
– one member as Speaker
– another member as Dy. Speaker
• as and when these offices become vacant
Article 179 Removal
• Removal of Speaker/Dy. Speaker:
– by a resolution of Assembly
– by majority of all the then members
• 14 days notice to be given to move resolution
• Speaker/Dy. Speaker to vacate office if he ceases to be member of Assembly
• Resignation:
– Speaker to address it to Dy. Speaker
– Dy. Speaker to Speaker
On dissolution of Assembly:
– Speaker to continue in office
– till immediately before first meeting of new Assembly
Article 180 Vacancy
• When Speaker’s office is vacant, duties to be performed by Dy. Speaker
• When Dy. Speaker’s office is also vacant, duties to be performed by a member of House appointed by Governor
Absence
• When Speaker is absent:
– Dy. Speaker to act as Speaker
• When Dy. Speaker is also absent:
– a person determined by rules of procedure to act as Speaker
• When no such person is present:
– a person determined by Assembly to act as Speaker
Article 181 Removal Proceedings
• During removal proceedings of Speaker:
– he shall not preside, though he is present
• Similar provision for Dy. Speaker
• Article 180 to apply as if Speaker/ Dy. Speaker is absent
• Speaker has the right to speak in and to take part in his removal proceedings
• He is entitled to vote on such resolution:
– only in the first instance
– but not in case of equality of votes
Article 182 Officers of Legislative Council
• Legislative Council shall choose
– one member as Chairman
– another member as Dy. Chairman
• as and when these offices become vacant
Article 183 Removal
• Removal of Chairman/Dy. Chairman:
– by a resolution of Council
– by a majority of all the then members
• 14 days notice to be given
• Resignation:
– Chairman to address it to Dy. Chairman
– Dy. Chairman to Chairman
• Chairman/Dy. Chairman to vacate his office if he ceases to be a member of Council
Article 184
• When office of Chairman is vacant:
– duties to be performed by Deputy Chairman
• If Deputy Chairman’s office is also vacant
– duties to be performed by a member of Council appointed by Governor
• When Chairman is absent:
– Dy. Chairman shall act as Chairman
• If Dy. Chairman is also absent:
– a person determined by rules of procedure shall act as Chairman
• If no such person is present:
– any other person determined by Council shall act as Chairman
Article 185
• When resolution for removal of Chairman is considered:
– Chairman shall not preside, even though present
• When resolution for removal of Dy. Chairman is being considered:
– Dy. Chairman shall not preside, even though present
• Article 184 to apply as if Chairman/Dy. Chairman is absent
• Chairman has the right
– to speak in
– to take part in
proceedings of his removal
• He is entitled to vote on such resolution:
– only in the first instance
– but not in case of equality of votes
Article 186 Salaries of officers
Salaries and allowances of
– Chairman, Dy. Chairman
– Speaker, Dy. Speaker
to be fixed by State Legislature by law
Article 187 Secretariat
• Each House to have separate secretarial staff
• Recruitment and conditions of service of staff to be regulated by State Legislature by law
Article 188 Oath by members
Every member of Assembly or either House
• to make oath
– before Governor or a person appointed by him
• before taking his seat
Article 189 Voting in Houses
Except when otherwise provided
• all questions in Assembly or either House to be determined
– by majority of votes of members present and voting
– other than Speaker or Chairman, or
person acting as Speaker or Chairman
Casting Vote
Chairman or Speaker or person acting as such
• shall not vote in the first instance
• but shall exercise a casting vote
in case of equality of votes
Validity of Proceedings
Proceedings in State Legislature to remain valid even when discovered subsequently that a person not entitled to sit or vote had done so
• Quorum: 10 members or 1/10th of total number of members, whichever is greater
• Presiding Officer to adjourn House or to suspend meeting until there is a quorum
Article 190 Vacation of seats
(1) No person shall be a member of both Houses
If a person is chosen a member of both Houses:
– he shall vacate his seat in one House
– as per provision made by State Legislature
(2) No person shall be a member of legislatures of 2 or more states
If a member is so chosen:
his seat in all State Legislatures shall become vacant
– unless he resigns his seat in all but one legislatures
– within a period specified in rules made by President
(3) A seat in either House becomes vacant when
– a member is disqualified under article 191
– he resigns his seat and resignation is accepted by Chairman/Speaker
Chairman/Speaker shall accept resignation only if satisfied that it is voluntary and genuine
(4) House may declare a seat vacant if a member is absent without permission of the House for a period of 60 days
• In counting 60 days, period of more than 4 consecutive days in which House is prorogued or adjourned is to be excluded
Article 191 Disqualifications for membership
(1) A person shall be disqualified
– for being chosen as a member
– for being a member, if
• he holds any office of profit under government
• he is of unsound mind, so declared by a court
• undischarged insolvent
• not a citizen of India
• so disqualified under a law made by Parliament
(2) A person disqualified under Tenth Schedule
• Disqualification not to attach to
– offices so declared by State Legislature
– office of a minister
Article 192 Decision on disqualifications
• A question of disqualification under Art 191(1) is to be referred to Governor
• Governor’s decision shall be final
– Before his decision, Governor to obtain opinion of Election Commission
– Governor to act according to such opinion
Article 193 Penalty for false voting
Anyone who sits and votes in State Legislature
– before making oath or
– when not qualified to be a member or
– when disqualified from membership
Is liable to fine of 500 Rupees
Article 194 Privileges & Immunities
(1) There shall be freedom of speech in the State Legislature
– subject to rules and standing orders
– subject to this Constitution
(2) No member of State Legislature shall be liable to any proceedings in any court for
– anything said by him
– any vote given by him
in State Legislature or in any of its committees
(3) No person to be liable for publication of report or proceedings under authority of House
(4) Other powers, privileges and immunities of Houses, members and committees:
Shall be defined by State Legislature by law
Until so defined, these shall be same as British House of Commons
Persons specified in Art 177 also enjoy similar privileges
Article 195 Salaries
• Salaries and allowances of members of state legislature to be determined by state legislature by law
Article 196 Passing of ordinary Bills
Bills other than
– money bills
– other financial bills
may originate in either House
• A bill, except money bill, is deemed passed by the Houses only if it has been agreed to by both Houses
Lapsing of bills
• A Bill
– pending in Legislative Assembly, or
– pending in Council, having been passed by Assembly
shall lapse on dissolution of Assembly
• Bill not to lapse on prorogation of Houses
Article 197 Restricted powers of Legislative Council
If a bill passed by Legislative Assembly
– is rejected by Council
– is pending with Council for more than 3 months
– has been amended by Council to which Assembly does not agree
then, Assembly may pass the bill again and transmit it to Council
If a bill passed by Assembly for the second time
– is rejected by Council
– is pending in Council for more than 1 month
– has been amended by Council to which Assembly does not agree
then, the bill shall be deemed passed by both Houses, in the form in which it was passed by Assembly
Article 198 Passing of money bills
• Money Bill can be introduced only in Assembly
• Council can only make recommendations after the Bill is passed by Assembly
• Assembly may or may not accept these recommendations
• Council has to return the Bill within 14 days
• If not so returned, Bill is deemed to have been passed by both Houses after14 days
Article 199 Definition of Money Bills
• A Bill is a Money Bill if it contains any of the following provisions only:
– Imposition, abolition, alteration of any tax
– Regulation of borrowing of money by the State
– CF of State: custody, payment in, withdrawal from
– Appropriation of money out of CF of State
– Declaration of expenditure as charged upon CF of State
• A Bill is not a Money Bill if it provides for
– imposition/abolition of tax by a local body
– imposition of fines
– payment of fees for licenses
– payment of fees for services
• Speaker of Legislative Assembly to decide whether a Bill is a Money Bill or not
• Speaker’s decision shall be final
• Certificate of Speaker to be endorsed on every Money Bill before sending it to Council or Governor
Article 200 Assent to Bills
• Bill passed by State Legislature to be sent to Governor
• Governor to declare that he
– gives his assent, or
– withholds his assent, or
– reserves the bill for consideration of President
– Governor may also return a Bill for reconsideration, if it is not a Money Bill
• Governor shall not withhold assent if Bill passed again
• Governor shall reserve a bill for consideration of President
– if in his opinion
– it so derogates from powers of High Court as to endanger its position