THE CONSTITUTION OF INDIA   and     PROFESSIONAL ETHICS CIP 81 State Legislature C lass # 12  Week :Mar 24-31
The State Executive GOVERNOR LEGISLATURE Legislative Assembly Legislative  Council
State Legislature Art.168. Five States shall have two Houses: Legislative Assembly :  Lower House :  (Vidhan Sabha). Legislative Council   : Upper House:   (Vidhan Parishad) Bihar Jammu & Kashmir Maharashtra Karnataka  Uttar Pradesh Legislative  Council
State Legislature [Art.169]: Creation or Abolition of the Legislative Council If Legislature passes a  resolution  majority of total membership and not less than 2/3 members present and voting. Transmitted to the Parliament [Art.170]: Composition of Legislative Assembly ( LA ) Each State shall have a LA Not more than 500 members Not less than 60 members Direct election from territorial constituencies. Ratio seats : population uniform  Delimitation-- end of each decennial Census Universal Adult Franchise;  fixed no (1) Anglo-Indian
State Legislature [Art.172]: Term of LA 5 years from date of FIRST meeting During 5 years if emergency is in operation- extension   by  Parliament  not exceeding  one year at a time  in  any case not extending beyond by  six months   from end of emergency Qualifications:   Citizen of India: 25 years of age Such Qualification as may be prescribed by  Parliament by law. Sessions: At least  twice a year  —interval  not more than six months
State Legislature Quorum 1/10 th  of total membership of the House—for transacting Powers and Functions of LA make laws on any subjects in State List Can make laws  on any subjects in Concurrence  List.  should not conflict with law already made by  Parliament. Control over council of ministers-asking questions,  passing no confidence motion etc., Controls Finance of Govt.  –  has exclusive powers to pass money bills. Elects its own Speaker & Dty Speaker - Remove them by a majority of members of LA
State Legislature The Speaker and The Deputy Speaker Neutral from party politics Command respect of the groups. The Features of High Office Dignity Independence Impartiality Powers of Speaker of the LA Presiding Officer- conducts the House in an orderly manner and regulates the proceedings. Casting Vote Allotment of time to each agenda. Admits all the resolutions for discussion & decides on adjournment
State Legislature Powers of The Speaker (…Contd) Instructs the Govt. to table the documents Authenticates the Bills passed by the House by his signature & passes it for Governor’s assent Custodian of RIGHTS & Privileges of LA Issue summons to appear before the House on  charges of Contempt or breach of Privileges of the  House. Money Bill or not- decides. Decision is Final  Accepts resignation of members  All committees of LA are Constituted by him or the House & He appoints & directs Chairmen of these committees
State Legislature Powers of The Speaker (…Contd) Facilitator Regulates admission to Gallery . Lays guidelines for recognition of Legislative Parties & their Leaders in the House. Exclusive Power to decide on the dis-qualification of a member –ground of defection. Arrest, imprisonment, sentence under a criminal charge or by a executive order, the fact must be immediately reported to the Speaker. Vacancy Cease to be a member of Assembly,  2. Resigns Removed by majority resolution 14 days Notice before passing resolution
State Legislature [Art.171]: Composition of Legislative Council ( LC ) Not more than 1/3 rd  the members of LA of the State Not less than  40  members unless Parliament  provides by Law. Until such law by the Parliament [Art.171] clause  c provides for 1/3 rd  elected by electorate of Municipalities,  District Boards & local authorities specified by  Law 1/12 th  graduates of any university in territory of India - 3 yrs Residence in state. 1/4 th  Teachers Constitution -3yrs-not below secondary school – equivalent by law-Parliament 1/3 rd  non LA members-elected by LA members. Remaining nominated by Governor Literature, Art, Science, Social Service, co-op movement
State Legislature Term of Legislative Council ( LC ) Permanent body – not subject to dissolution 1/3 rd  members retire every 2 years after completion of 6 years term. Qualifications  of members of Legislative Council  Citizen of India: 30 years of age Possesses such Qualification as may be  prescribed by Parliament by law. Chairman & deputy chairman (Presiding officers) elected by its own members removed by resolution by a majority of existing members in the council at the time of passing the resolution.

State Legislature

  • 1.
    THE CONSTITUTION OFINDIA and PROFESSIONAL ETHICS CIP 81 State Legislature C lass # 12 Week :Mar 24-31
  • 2.
    The State ExecutiveGOVERNOR LEGISLATURE Legislative Assembly Legislative Council
  • 3.
    State Legislature Art.168.Five States shall have two Houses: Legislative Assembly : Lower House : (Vidhan Sabha). Legislative Council : Upper House: (Vidhan Parishad) Bihar Jammu & Kashmir Maharashtra Karnataka Uttar Pradesh Legislative Council
  • 4.
    State Legislature [Art.169]:Creation or Abolition of the Legislative Council If Legislature passes a resolution majority of total membership and not less than 2/3 members present and voting. Transmitted to the Parliament [Art.170]: Composition of Legislative Assembly ( LA ) Each State shall have a LA Not more than 500 members Not less than 60 members Direct election from territorial constituencies. Ratio seats : population uniform Delimitation-- end of each decennial Census Universal Adult Franchise; fixed no (1) Anglo-Indian
  • 5.
    State Legislature [Art.172]:Term of LA 5 years from date of FIRST meeting During 5 years if emergency is in operation- extension by Parliament not exceeding one year at a time in any case not extending beyond by six months from end of emergency Qualifications: Citizen of India: 25 years of age Such Qualification as may be prescribed by Parliament by law. Sessions: At least twice a year —interval not more than six months
  • 6.
    State Legislature Quorum1/10 th of total membership of the House—for transacting Powers and Functions of LA make laws on any subjects in State List Can make laws on any subjects in Concurrence List. should not conflict with law already made by Parliament. Control over council of ministers-asking questions, passing no confidence motion etc., Controls Finance of Govt. – has exclusive powers to pass money bills. Elects its own Speaker & Dty Speaker - Remove them by a majority of members of LA
  • 7.
    State Legislature TheSpeaker and The Deputy Speaker Neutral from party politics Command respect of the groups. The Features of High Office Dignity Independence Impartiality Powers of Speaker of the LA Presiding Officer- conducts the House in an orderly manner and regulates the proceedings. Casting Vote Allotment of time to each agenda. Admits all the resolutions for discussion & decides on adjournment
  • 8.
    State Legislature Powersof The Speaker (…Contd) Instructs the Govt. to table the documents Authenticates the Bills passed by the House by his signature & passes it for Governor’s assent Custodian of RIGHTS & Privileges of LA Issue summons to appear before the House on charges of Contempt or breach of Privileges of the House. Money Bill or not- decides. Decision is Final Accepts resignation of members All committees of LA are Constituted by him or the House & He appoints & directs Chairmen of these committees
  • 9.
    State Legislature Powersof The Speaker (…Contd) Facilitator Regulates admission to Gallery . Lays guidelines for recognition of Legislative Parties & their Leaders in the House. Exclusive Power to decide on the dis-qualification of a member –ground of defection. Arrest, imprisonment, sentence under a criminal charge or by a executive order, the fact must be immediately reported to the Speaker. Vacancy Cease to be a member of Assembly, 2. Resigns Removed by majority resolution 14 days Notice before passing resolution
  • 10.
    State Legislature [Art.171]:Composition of Legislative Council ( LC ) Not more than 1/3 rd the members of LA of the State Not less than 40 members unless Parliament provides by Law. Until such law by the Parliament [Art.171] clause c provides for 1/3 rd elected by electorate of Municipalities, District Boards & local authorities specified by Law 1/12 th graduates of any university in territory of India - 3 yrs Residence in state. 1/4 th Teachers Constitution -3yrs-not below secondary school – equivalent by law-Parliament 1/3 rd non LA members-elected by LA members. Remaining nominated by Governor Literature, Art, Science, Social Service, co-op movement
  • 11.
    State Legislature Termof Legislative Council ( LC ) Permanent body – not subject to dissolution 1/3 rd members retire every 2 years after completion of 6 years term. Qualifications of members of Legislative Council Citizen of India: 30 years of age Possesses such Qualification as may be prescribed by Parliament by law. Chairman & deputy chairman (Presiding officers) elected by its own members removed by resolution by a majority of existing members in the council at the time of passing the resolution.