The State Legislature

 The Legislature of state consists:-

 

  • Governor
  • Legislative Assembly 
  • Legislative Council

   

Legislative Assembly 

 

  • The Legislative Assembly of a state consists of not more than 500 and not less than 60 members chosen by direct election from territorial constituencies.
  • Seats are reserved for the SC/ST on the basis of population from where only SC/ST candidate can contest for the election.
  • The term is five years.
  • Eligibility for membership
  • Must be a citizen of India
  • Must not be less than 25 years of age.
  • The Assembly has a Speaker and Deputy Speaker elected by the House and having the same position and functions as their Lok Sabha counterparts.
  • As regards Money Bills, the will of the Assembly prevails, and the Assembly is not bound to accept any such recommendations of the Council.
  • If a Bill (other than Money Bill) is passed by the Legislative Assembly and the Council-
    • Rejects the bill, or 
    • Passes it with such amendments as are not agreeable to pass the Assembly, or 
    • Does not pass the bill within 3 months from the time when it is laid before the council.

 

  • The Assembly has power to pass the Bill with or without further amendments, and transmit the Bill to the Council again.     If the Council-
    • With holds again it for a period of 1 month
    • Rejects the bill
    • Proposes amendments not agreeable to the Assembly.  The Bill is deemed to have been passed.

 

  • The Council of Ministers is responsible only to the Assembly.
  • In the case of a Bill originating in the council, the Assembly has the power of rejecting and putting an end to the Bill forthwith.

 

 Legislative Council

 

  • The procedure prescribed the creation of the Legislative Council of the state by a resolution of the Legislative Assembly of the state concerned passed by a special majority of the Assembly (Art-169)
  • The size of the Legislative Council varies with that of the Legislative Assembly.
  • The membership of the council being not more than one third of the membership of the

Legislative Assembly and not less than 40. (Art 17(1))

  • It is partly elected and partly nominated body.
  • Elections to the Council are to be held by the system of proportional representation by single transferable vote (Art -170-171)
  • 5/6 of the total number of members of the Council are, elected by electorates consisting 
  • 1/3 of the total number of members of the Council elected by electorates consisting of members of local bodies, such as municipalities, district boards.
  • 1/12 elected by graduate’s constituency.
  • 1/12 by teacher’s constituency.
  • 1/3 by member of the Legislative Assembly.
  • 1/6 nominated by the Governor.
  • It is not a subject to dissolution. But one third of its members retire on the expiry of every second year [Art 172 (2)]
  • Eligibility for membership:- § Must be a citizen of India.

§ Must not be less than 30 years of age (Art -173)

  • In the case of Bill originating in the Council of States and transmitted to the Assembly, after it passage in the Council, if the legislative Assembly either rejects the Bill or makes amendments which are not agreed to by the Council, there is an immediate end of the Bill, and Assembly has no power to pass it.