State Executive - Part 7
Composition of Assembly
Strength- The legislative assembly:
• Directly elected by the people on the basis of universal adult franchise.
• Maximum strength is fixed at 500 and minimum strength at 60, in case of Arunachal Pradesh, Sikkim and Goa, the minimum number is fixed at 30 and in case of Mizoram and Nagaland, it is 40 and 46 respectively,
• Some members of the legislative assemblies in Sikkim and Nagaland are also elected indirectly.
Nominated Member:
• Governor nominate one member from the Anglo-Indian community,
• Originally, this provision was to operate for ten years (ie, upto 1960). But this duration has been extended continuously since then by 10 years each time.
• Now, under the 95th Amendment Act of 2009, this is to last until 2020,
Territorial Constituencies:
• The demarcation of constituencies is done in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the state.
• In other words, the Constitution ensures that there is uniformity of representation between different constituencies in the state.
• The expression ‘population‘ means, the population as ascertained at the last preceding census of which the relevant figures have been published
Readjustment after each census:
• a readjustment is to be made in the (a) total number of seats in the assembly of each state and (b) the division of each state into territorial constituencies. The Parliament is empowered to determine the authority and the manner in which it isto be made.
• Accordingly, Parliament has enacted the Delimitation Commission Acts in 1952, 1962, 1972 and 2002 for this purpose.
• The 42nd Amendment Act of 1976 had frozen total number of seats in the assembly of each state and the division of such state into territorial constituencies till the year 2000 at the 1971 level.
• This ban on readjustment has been extended for another 25 years (ie, upto year 2026) by the 84th Amendment Act of 2001 with the same objective of encouraging population limiting measures.
• The 84th Amendment Act of 2001 also empowered the government to undertake readjustment and rationalisation of territorial constituencies in a state on the basis of the population figures of 1991 census.
• Later, the 87th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 census and not 1991 census. However, this can be done without altering the total number of seats in the assembly of each state
Reservation of seats for SCs and STs:
• reservation was to operate for ten years (i.e., up to 1960). But this duration has been extended continuously since then by 10 years each time.
• Now, under the 79th Amendment Act of 2009, this reservation is to last until 2020
Composition of Council Strength:
• members of the legislative council are indirectly elected
• maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40
• the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament
Powers of State Legislature:
Strength- The legislative assembly:
• Directly elected by the people on the basis of universal adult franchise.
• Maximum strength is fixed at 500 and minimum strength at 60, in case of Arunachal Pradesh, Sikkim and Goa, the minimum number is fixed at 30 and in case of Mizoram and Nagaland, it is 40 and 46 respectively,
• Some members of the legislative assemblies in Sikkim and Nagaland are also elected indirectly.
Nominated Member:
• Governor nominate one member from the Anglo-Indian community,
• Originally, this provision was to operate for ten years (ie, upto 1960). But this duration has been extended continuously since then by 10 years each time.
• Now, under the 95th Amendment Act of 2009, this is to last until 2020,
Territorial Constituencies:
• The demarcation of constituencies is done in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the state.
• In other words, the Constitution ensures that there is uniformity of representation between different constituencies in the state.
• The expression ‘population‘ means, the population as ascertained at the last preceding census of which the relevant figures have been published
Readjustment after each census:
• a readjustment is to be made in the (a) total number of seats in the assembly of each state and (b) the division of each state into territorial constituencies. The Parliament is empowered to determine the authority and the manner in which it isto be made.
• Accordingly, Parliament has enacted the Delimitation Commission Acts in 1952, 1962, 1972 and 2002 for this purpose.
• The 42nd Amendment Act of 1976 had frozen total number of seats in the assembly of each state and the division of such state into territorial constituencies till the year 2000 at the 1971 level.
• This ban on readjustment has been extended for another 25 years (ie, upto year 2026) by the 84th Amendment Act of 2001 with the same objective of encouraging population limiting measures.
• The 84th Amendment Act of 2001 also empowered the government to undertake readjustment and rationalisation of territorial constituencies in a state on the basis of the population figures of 1991 census.
• Later, the 87th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 census and not 1991 census. However, this can be done without altering the total number of seats in the assembly of each state
Reservation of seats for SCs and STs:
• reservation was to operate for ten years (i.e., up to 1960). But this duration has been extended continuously since then by 10 years each time.
• Now, under the 79th Amendment Act of 2009, this reservation is to last until 2020
Composition of Council Strength:
• members of the legislative council are indirectly elected
• maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40
• the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament
Powers of State Legislature:
Legislative Powers:
• Make Laws related to the subjects in the State List and Concurrent List
• Governor and both houses decide whether a bill can be passed or not
• Make Laws related to the subjects in the State List and Concurrent List
• Governor and both houses decide whether a bill can be passed or not
Financial Powers:
• The Money bill can be passed on after it is first presented in the Legislative Assembly.
• It can only be delayed for 14 days.
• The State Legislature does not hold the powers to reject it.
• The Money bill can be passed on after it is first presented in the Legislative Assembly.
• It can only be delayed for 14 days.
• The State Legislature does not hold the powers to reject it.
Administrative Powers:
• State Executive is responsible to the Legislative Assembly
• Council of Ministers are accountable to Legislative Assembly
• State Executive is responsible to the Legislative Assembly
• Council of Ministers are accountable to Legislative Assembly
Electoral Powers:
• It holds the power to elect the President, members of the Rajya Sabha, Legislative Council, Speaker and Deputy Speaker
• It holds the power to elect the President, members of the Rajya Sabha, Legislative Council, Speaker and Deputy Speaker
Legislative Council:
• It is the Upper House of the State Legislature Assembly
• Comprises of not less than 40 members
Manner of Election:
Of the total number of members of a legislative council:
1. 1/3 are elected by the members of local bodies in the state like municipalities, district boards,etc.,
2. 1/12 are elected by graduates of three years standing and residing within the state,
3. 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school,
4. 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly, and
5. the remainder are nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service. Thus, 5/6 of the total number of members of a legislative council are indirectly elected and 1/6 are nominated by the governor.
The members are elected in accordance with the system of proportional representation by means
of a single transferable vote.
Duration of Council:
• Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution.
• But, one-third of its members retire on the expiration of every second year.
• So, a member continues as such for six years.
• The vacant seats are filled up by fresh elections and nominations (by governor) at the beginning of every third year.
• The retiring members are also eligible for re-election and re-nomination any number of times.
Chairman of Council:
The Chairman is elected by the council itself from amongst its members.
Deputy Chairman of Council:
Like the Chairman, the Deputy Chairman is also elected by the council itself from amongst its members.
Quorum in State legislature:
• Quorum is the minimum number of members required to be present in the House before it can transact any business.
• It is ten members or one-tenth of the total number of members of the House (including
• the presiding officer), whichever is greater.
• If there is no quorum during a meeting of the House, it is the duty of the per-siding officer either to adjourn the House or to suspend the meeting until there is a quorum.
• It is the Upper House of the State Legislature Assembly
• Comprises of not less than 40 members
Manner of Election:
Of the total number of members of a legislative council:
1. 1/3 are elected by the members of local bodies in the state like municipalities, district boards,etc.,
2. 1/12 are elected by graduates of three years standing and residing within the state,
3. 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school,
4. 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly, and
5. the remainder are nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service. Thus, 5/6 of the total number of members of a legislative council are indirectly elected and 1/6 are nominated by the governor.
The members are elected in accordance with the system of proportional representation by means
of a single transferable vote.
Duration of Council:
• Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution.
• But, one-third of its members retire on the expiration of every second year.
• So, a member continues as such for six years.
• The vacant seats are filled up by fresh elections and nominations (by governor) at the beginning of every third year.
• The retiring members are also eligible for re-election and re-nomination any number of times.
Chairman of Council:
The Chairman is elected by the council itself from amongst its members.
Deputy Chairman of Council:
Like the Chairman, the Deputy Chairman is also elected by the council itself from amongst its members.
Quorum in State legislature:
• Quorum is the minimum number of members required to be present in the House before it can transact any business.
• It is ten members or one-tenth of the total number of members of the House (including
• the presiding officer), whichever is greater.
• If there is no quorum during a meeting of the House, it is the duty of the per-siding officer either to adjourn the House or to suspend the meeting until there is a quorum.
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