State Legislature: Powers and Functions; Indian Polity Lecture 57

In this video, I am going to tell you State Legislature: Powers and Functions; Indian Polity, Lecture-57.
While in the matter of the composition of the Legis- lature of every State shall include the Governor and, in some of the States, it shall consist of two Houses, namely, the Legislative Assembly and the legislative Council, while in the rest, there shall be only one House, i.e., the Legislative Assembly.

It follows that In the remaining States,the Legislature Is uni-cameral, that is, consisting of the legislative Assembly only [Art. 168].

But the above list is not permanent in the sense that the Constitution provides for the abolition of the Second Chamber (that is, the legislative Council) in a State where it exists as well as for the creation of such a Chamber in a State where there is none at present, by a simple procedure which does not involve an amendment of the Constitution.

This apparently extraordinary provision was made for the States (while there was none corresponding to it for the Union Legislature) in order to meet the criticism, at the time of the making of the Constitution, that some of our States being of poerer resources, could ill afford to have the extravagance of two Chambers.

This device was, accordingly, prescribed to enable each State to have a Second Chamber or not according to Its own Wishes.

The system of composition of the Council as laid down in the Constitution is not final.

The final power of providing the composition of this Chamber of the State Legislature is given to the Union Parliament. But until Parliament legislates on the matter, the composition shall be as given to the Constitution, which is as follows:

It will be a partly nominated and partly elected body

There shall be a proportionately equal representation according to population in respect of each territorial constituency within a State.

There will be a re adjustment by Parliament by law, upon the completion of each census.

State legislatures aren’t uniform. Some are unicameral but Seven Indian States, Andhra Pradesh, Telangana, Bihar, Jammu-Kashmir, Karnataka, Maharashtra and Uttar Pradesh, have bicameral Legislatures, these are called legislative councils.

Composition of legislative council-
1.One third members are elected by legislative assembly members
2.One third are elected from local bodies,
3.One twelfth are elected by graduates of three years standing and residing in state
4.One twelfth are elected by teachers of three years standing and not lower in standard than secondary school
5.One sixth is nominated by governor.

Duration of assembly:
Normal term is 5 years from the date of first session. However governor can dissolve it anytime. During emergency its term can be extended by one year at a time. But not beyond a period of 6 months after emergency is removed.

Duration of council:
The legislative council is a permanent body. One third members retire every 2 years. Vacancy is filled at beginning of third year. Term of each member is 6 years. A member can be re-elected or re nominated any number of times.

Qualifications for a member of state legislature:
-Citizen of India
-must not be less than 30 yrs in case of council and 25 yrs in case of assembly
-For legislative council and assembly he must be an elector from the concerned state belonging to any constituency.
-For nomination by the governor he must be a resident in the state
-He must be a SC or ST to contest from reserved seats for them. But they can contest from unreserved seats too.

Disqualifications:
1. holds an office of profit under union or state government only [not local]
2. unsound mind, undischarged insolvent and not a citizen of India
3. been found guilty of electoral offences and corrupt practices in elections
4. sentenced for more than 2 yrs imprisonment for a crime
5. holds an office of profit in a company where govt holding is 25% and above
6. has interest in government contracts, works
7. Has been convicted of preaching social crimes like untouchability, dowry and sati.
8. doesn’t lodge election expense on time
9. has been convicted of promoting enmity between groups or bribery
10. Has been dismissed from government service for disloyalty to state or corruption.
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