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Duties and Functions

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1. He has the right to participate in the proceedings of the House or Horses of the State Legislature without the right to vote.
2. He has the right to audience in any court in the State
3. He enjoys all legislative privileges which are available to a member of the legislature.
4. He gives advice to the State Government upon such legal matters as may be referred to him.
5. He performs such other duties of a legal character as may be assigned to him by the Governor from time to time, or are conferred on him by the constitution or any other law.

THE STATE LEGISLATURE

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The Constitution provides for a Legislature for every State. Articles 168 to 212 under Part VI of the constitution deal with the composition, duration, procedures, officers etc., of the state legislature. Most of the provision are similar to that of the Parliament, but there are some difference too. (please refer to chapter ‘The Parliament’ while but there are some differences too. (Please refer to chapter ‘The Parliament’ when reading it.)

CONSTITUTIONAL PROVISIONS

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Article 168 provides that the Legislature of every State consists of the Governor and one or two Houses. The Legislature in the State is either bicameral (consisting of two Houses) or unicameral (consisting of one House). The Legislature in Jammu & Kashmir, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Uttar Pradesh, bicameral. In the remaining States, the Legislature is unicameral consisting of the Legislative Assembly only.

LEGISLATIVE COUNCILS (VIDHAN PARISHAD)

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Creation and Abolition of Legislature councils in States: Under Article 169, Parliament may by law approve for the abolition of the Legislative Council in a State where it already exists or for the creation of such a Council in a State having no such council, if the Legislature Assembly of the State passes a resolution to that effect by a majority of the membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting. Parliament may approve the resolution by a simple majority. A resolution passed by the Legislative Assembly of a State for the creation or abolition of its Council is not binding on the Parliament. Parliament may or may not approve such a resolution.

The power for the creation or abolition of the Legislative Council, therefore, lies with the Parliament. The Parliament under its powers as provided in Article 168 Andhra Pradesh has been added to the pre-existing States Bihar, Maharashtra, Karnataka and Uttar Pradesh which have a Legislature Council.

Composition of the Legislature Council: The total number of members in the Legislature Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislature Assembly of that State. But the total number of members in the Legislature Council of a State shall in no case be less than 40. The composition of the Legislative Council is as follow:

Of the total number of members in the Legislature Council of a State:
1. One-third are to be elected by electorates consisting of members of Municipalities, District Boards and such other local authorities in the State as Parliament may be law specify;
2. one-twelfth are to be elected by electorates consisting of graduates of three years’ standing and residing within the State;
3. One-twelfth are to be elected by electorates consisting of person who have been teaching for at least three years in educational institutions within the state, not lower in standard than secondary school;
4. one-third are to be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;
5. the remainder, i.e. one-sixth are to be nominated by the Governor from persons having special knowledge or practical experience in literature, Science, Art, Co-operative movement and Social Service.

Duration of Legislature Council: Like the Rajya Sabha, the Legislature Council is a permanent body. It is not subject to dissolution but after every two years, one- third of its members retire. The retiring members are also eligible for re-election and re-nomination any number of times.

LEGISLATURE ASSEMBLY

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The Legislature Assembly in a State is the popular House of the State.
Composition of Legislature assembly: The minimum number of seats of the Legislative Assembly is fixed at 60 and the maximum number is fixed at 500. However, the Assembly in Mizoram and Goa should have only 40 members each. The members of Legislature Assembly are chosen directly by the People on the basis of adult franchise from territorial constituencies in the State.

In the Legislature Assembly of every State, seats are reserved for the Scheduled Tribes and Scheduled Castes on the basis of population. If the governor of a State is of the opinion that the Anglo-Indian Community is not adequately represented in the Legislature Assembly, he may nominate one member of that community to the Assembly. (Provisions regarding readjustment of territorial constituencies same as for Lok Sabha, see chapter ‘The Parliament.’)

Duration of Legislative Assembly: The normal tenure of the Legislature Assembly of every State is of five-years but it may be dissolved earlier by the Governor. The Constitution (42nd Amendment) Act, 1976 had extended the term of the Legislative Assemblies of States from five years to six year. The 44th Amendment Act, 1978 restored the term of the State Legislature Assemblies to five years. During the proclamation of national emergency the life of the Assembly may be extended by an Act of Parliament for a period of not more than one year at a time, but in no case beyond a period of six months after the proclamation has ceased to operate.

Qualification for Membership

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A person to be qualified to be chosen as a member in the State Legislature:
1. must be citizen of India;
2. must not be less than 25 years of age in the case of the Legislature Assembly and not less than 30 years in case of the Legislative Council; and
3. must possess such other qualifications as may be prescribed by Parliament by law.

Disqualification of Membership

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Article 191 provides that a person is disqualified for being chosen as a member of the Legislature of a State,
1. if he holds any office of profit under the Central or State Government; or
2. if he is of unsound mind; or
3. if he is an undischarged insolvent; or
4. if he is not a citizen of India or have voluntarily acquired the citizenship of a foreign State or is under any acknowledgement of allegiance of adherence to a foreign State; or
5. if he is so disqualified under any law of Parliament.

If any question arises as to whether a member of a House of the Legislature of a State has become a subject to any of the disqualifications mentioned above, the question shall be referred for the decision of the Governor and his decision is final. Before giving any decision on any such question, the Governor should obtain the opinion of the Election Commission of India and must act according to such opinion (Article 192).

Sessions of the State Legislature: According to Article 174, the Governor shall from time to time summon the Legislature to meet at such time and place as he thinks fit. But six months should not intervene between its last sitting in one session and the date appointed for its sitting in the next session. This means that the Legislature must meet at least twice a year. The Governor mat from time to time prorogue the either house; or dissolve the legislative assembly.

OFFICERS OF THE STATE LEGISLATURE

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Each House of the state legislature has its own presiding officer. There is a speaker and deputy speaker for the legislative assembly and chairman and a deputy chairman for the legislative council.

Chairman and deputy Chairman of Legislative Council: The Legislative Council of each State elects its Chairman and Deputy Chairman from amongst its members. Like the Speaker and Deputy Speaker, the Chairman and Deputy Chairman may resign from their offices, vacate their offices when they cease to be members of the Council and may be removed from their offices. (Provisions regarding their salary, removal, powers and functions are similar to those of the Rajya Sabha.)

Speaker and Deputy Speaker: The speaker is the Chief Presiding Officers of the Legislature Assembly of a State. He is elected by the members of the Assembly amongst themselves. The Assembly elects its Deputy Speaker also from its own members. The Deputy Speaker shall officiate whenever Speaker is absent or while the office of the Speaker is vacant. But, if the office of the Deputy Speaker is also vacant, the duties of the office of the Speaker are performed by such member of the Assembly as the Governor may appoint for the purpose. Both Speaker and the Deputy Speaker vacate their offices when they cease to be members of the Assembly. They may also resign from their offices. They can be removed from their offices by a resolution of the Assembly passed by a majority of all the then members of the Assembly. For moving such a resolution fourteen days’ notice is required. The Speaker does not vacate his office on the dissolution of the Assembly. He continues in office until the next Assembly is constituted after a general election. (Provisions regarding their salary, removal, powers and functions are similar to those of the Rajya Sabha).

LEGISLATIVE PROCEDURES

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The Legislative Procedure in a state having unicameral legislature is simple. All Bills originate in the single chamber, i.e., the Legislature Assembly and when duly passed, are presented to the Governor for his assent. But in case of a bicameral legislature, the procedure is slightly different from that of the Parliament i.e., if the Vidhan Sabha rejects a Bill which originated in the Vidhan Parishad, then that is the end of the bill. In case of Money Bills, the procedure followed is exactly similar to that of the Parliament. But in case of a financial or Ordinary Bill; where the Bill is passed by the Vidhan Sabha, it is transmitted to the Vidhan Parishad. If the Upper House (a) rejects the Bill outright, or (b) suggest amendments which are not acceptable to the Vidhan Sabha, or (c) does not act upon the bill for three months, then the Bill is referred back to the lower House.

If the Vidhan Sabha passes the Bill for the Second time, then it is retransmitted to Vidhan Parishad and (a) at the expiry of one month period, or (b) The Bill is rejected by the Parishad, or (c) the Bill is passed by the Parishad with amendments to which the Vidhan Sabha does not agree, then the Bill is deemed to have been passed by both the Houses in the form in which it was passed by the Assembly for the second time and is presented to the Governor for his assent. The Upper House does not enjoy equal powers with the Lower House and on its own powers cannot amend a Bill. It can only delay the passage of a Bill for a maximum period of four months.

There is no provision for a joint sitting of the State legislature to resolve a deadlock over the passage of a Bill. It is the will of the Vidhan Sabha which prevails ultimately. The two Houses assemble jointly only when the Governor addresses them together at the commencement of the first session of the year or immediately after a general election to the Vidhan Sabha.

Privileges and Immunities of the State Legislature and its Members (Article 194): These are similar to Parliament and its members under article 105. (Refer to ‘The Parliament’)

Committees of the Legislature: These are comparable to the Parliamentary Committees. (Refer to ‘The Parliament’)

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