Civics 5: The State Legislatures

1. Introduction to State Legislatures

• India consists of 28 States and 8 Union Territories.
• Each State has its own law-making body known as the State Legislature, which comprises the Governor and the Legislative Assembly.
• Unicameral Legislature: A state with only one house, the Legislative Assembly (Vidhan Sabha).
• Bicameral Legislature: A state with two houses, the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad).
• Only six states in India have a bicameral legislature: Andhra Pradesh, Bihar, Maharashtra, Karnataka, Telangana, and Uttar Pradesh.
• The Legislative Assembly can pass a resolution (by special majority) to create or abolish a Legislative Council, which is then followed by an Act of Parliament.

2. The Governor of a State

The Governor is the constitutional head of the State, while real powers are exercised by the Chief Minister and the Council of Ministers.

• Appointment & Term: Appointed by the President of India on the advice of the Union Government. The standard term is 5 years.
• Qualifications: Must be a citizen of India, at least 35 years old, not hold any office of profit, and not be a member of Parliament or State Legislature.
• Key Powers:
  • Legislative: Summons sessions, addresses the legislature, gives assent to bills, and can issue ordinances when the legislature is not in session.
  • Executive: Appoints the Chief Minister, other ministers, and high-ranking officials like the Advocate General and members of the State Public Service Commission.
  • Financial: Recommends Money Bills, ensures the State Budget is laid before the legislature, and controls the State Contingency Fund.
  • Judicial: Has the power to grant pardons and is consulted by the President when appointing High Court judges.
  • Discretionary & Emergency: Can reserve bills for the President, decide the Chief Minister if no party has a clear majority, and recommend President's Rule if constitutional machinery breaks down.

3. Legislative Assembly (Vidhan Sabha)

This is the lower house, consisting of directly elected representatives.

• Composition: Maximum 500 members, minimum 60 members (exceptions exist for smaller states like Goa, Mizoram, and Sikkim). Elected through Universal Adult Franchise.
• Qualifications for Membership: Must be an Indian citizen, at least 25 years old, registered as a voter, of sound mind, and not an insolvent.
• Term: The normal term is 5 years. It can be dissolved earlier by the Governor or extended during an Emergency (up to one year at a time).
• Powers & Functions:
  • Legislative: Makes laws on the State List and Concurrent List.
  • Financial: Passes the State Budget and permits taxation. Money Bills can only originate here.
  • Control over Executive: The Council of Ministers is collectively responsible to the Assembly. The Assembly exercises control through questions, adjournment motions, and No-Confidence motions.
  • Constitutional & Electoral: Ratifies specific constitutional amendments and takes part in electing the President of India.

4. The Speaker of the Assembly

• Elected by the members of the Legislative Assembly from among themselves.
• Functions:
  • Presides over meetings and maintains discipline and decorum in the House.
  • Acts as a link between the Assembly and the Governor.
  • Regulates proceedings, admits questions, and decides the agenda.
  • Certifies whether a particular bill is a Money Bill.
  • Takes disciplinary action and decides cases under the Anti-defection Law.
• If the Speaker is absent, the Deputy Speaker performs these duties.

5. State Legislative Council (Vidhan Parishad)

This is the upper, optional house of the state legislature.

• Composition: Maximum strength is one-third of the total members in the State's Legislative Assembly, and minimum is 40.
• Election Breakdown:
  • 1/3 elected by local bodies (municipalities, district boards).
  • 1/3 elected by members of the Legislative Assembly (MLAs).
  • 1/12 elected by teachers (with at least 3 years standing).
  • 1/12 elected by university graduates (with at least 3 years standing).
  • 1/6 nominated by the Governor (experts in literature, science, art, social service).
• Qualifications: Same as the Assembly, but the minimum age is 30 years.
• Term: It is a Permanent House and cannot be dissolved. Each member serves a 6-year term, with one-third retiring every two years.
• Powers & Position: Much weaker than the Assembly. It only exercises formal control over the Executive. It can initiate ordinary bills, but can only delay a bill passed by the Assembly (for a maximum of 4 months in total). Money Bills cannot be introduced here; it can only delay a Money Bill by a maximum of 14 days.