CHAPTER - 13 STATE LEGISLATURE

  • The system of government in states closely follows the pattern of the Union Government. 
  • The legislature of a state consists of the Governor and- one or two houses of legislature, as the case may be.
  • Thus, for every state there is a Legislature which consists of the Governor and

(a) two hours, a Legislative Assembly (VidhanSabha) and a Legislative Council (VidhanParishad) -in the state of Jammu and Kashmir, Karnataka, Maharashtra, Bihar and Utter Pradesh and

(b) one house, a Legislative Assembly in the other states.

  • The Governor, like a President, is an integral part of the state legislature. From time to time he summons and prorogues the house or houses.
  • But six months shall not intervene between the last sitting of the State Legislature and the first sitting of the next session. The Governor may address the house or houses (as the case may be) at any time and send messages.
  • After every general election to the State Assembly, the Governor to address the State Assembly on the very first sitting and so also the first session of every year.

STATE LEGISLATIVE COUNCIL

  • Every state Legislative Council is a permanent body and is not subject to dissolution but one-third of its members retiring every two years
  • Parliament can, however, abolish existing Legislative Council create new one, if the proposal is supported by a resolution Legislative Assembly concerned.

Composition  

  • Legislative Councils (VidhanParishad) have one-third of themembership of the assemblies but not less than 40 members of these,
  1. 1. One-third are elected by local authorities such as municipalities and district boards.
  2. One-third by members of the Assembly.
  3. One-twelfth by graduates of universities residing in the state.
  4. One-twelfth by teachers teaching in institutions not lower than of a secondary school; the rest are nominated by the Governor (One-sixth)
  • The members to be nominated by the Governor are persons he special knowledge or experience in literature, art, science, cooperative movement or social service. As stated earlier also,-t a permanent body; one third of its members retire every second year.
  • For becoming a member of the Legislative Council, a person Should possess the same qualifications as for becoming a member of the Assembly except, in respect of age, which has been fixed at 30 years.

Powers and functions of state legislature

  • The Legislative Council has no financial powers. The leader of the Majority party in the Legislative Assembly is appointed by the Governor as the Chief Minister.
  • He also appoints other Ministers on the advice of the Chief Minister. The Council of Ministers are collectively responsible to the Assembly of the state. A hostile vote of the Legislative Council cannot end the life of the Ministry.
  • The Assembly may censure the government and express lack of confidence in the Council of Minister. If such a motion succeeds, the ministry resigns resulting in the formation of a new ministry by the leader of the opposition or as a result of fresh elections.
  • As stated earlier also, the state legislature is competent to make laws, on all subjects in the state list and the concurrent list. In the other case, it has no exclusive right. Some laws passed by the state legislature require assent of the President. 
  • While proclamation of emergency is in operation, the Parliament has the overall power to legislate even on matter enumerated in the State List. Even in normal times Parliament can in the national interest legislate on matters or subjects in the state List.
  • The elected members of the assembly take part in the Electoral College for electing the President of India. majority party in the Legislative Assembly is appointed by the Governor as the Chief Minister.
  • He also appoints other Ministers on the advice of the Chief Minister. The Council of Ministers are collectively responsible to the Assembly of the state. A hostile vote of the Legislative Council cannot end the life of the Ministry.
  • The Assembly may censure the government and express lack of confidence in the Council of Minister.lf such a motion succeeds, the ministry resigns resulting in the formation of a new ministry by the leader of the opposition or as a result of fresh elections.
  • As stated earlier also, the state legislature is competent to make laws, on all subjects in the state list and the concurrent list. In the other case, it has no exclusive right. Some laws passed by the state legislature require assent of the president
  • While proclamation of emergency is in operation , Parliament has the overall power to legislate even on matter enumerated in the State List. Even in normal times Parliament  can in the national interest legislate on matters or subjects in the StateList.
  • The elected members of the Assembly take part in the Electoral College for electing the President of

LEGISLATIVE ASSEMBLY

Composition

  • The Legislative Assembly (VidhanSabha) of each state is constituted by direct election on the basis of adult franchise. The total number of the Assembly members is not more than 500 or less than 60 chosen by direct election.
  • For this purpose each state is divided into various territorial constituencies and the ratio between the population of each constituency and the number of seats allotted to it shall be as far as practicable the same throughout the state.
  • Some seats may be reserved for scheduled castes. The Governor may also nominate the representatives of Anglo-Indian community. A candidate for the Assembly should be a citizen of India and not less than 25 years of age. I-le should not be holding any office of profit under government.
  • Every Legislative Assembly, unless sooner dissolved, continues in office for 5 years from the date of its first meeting. During emergency the term can be extended by 1 year.

The Assembly chooses its own speaker and deputy speaker from amongst its members. They can be removed by a resolution supported by a majority of the members of the assembly

THE CHIEF MINISTER OF INDIA

  • Article 164 says that the Chief Minister shall be appointed by the Governor.
  • Real executive head of the Government at the State level.
  • The position of Chief Minister at the State level is analogous to the position of the Prime Minister at the Center.
  • Chief Ministers are appointed by Governor.
  • Other Ministers are appointed by the Governor on the advice Chief Minister.
  • The Chief Minister is the chief link between the Governor and the Council of Ministers
  • It is he who keeps the Governor informed of all decisions of the Council of Ministers
  • If CM resigns, entire ministry resigns.
  • Generally, the leader of the majority party is appointed.
  • A person who is not a member of State Legislature can be appointed,but he has to get himself elected within 6 months, otherwise he is removed.

Eligibility

  • The Constitution of India sets the Principle qualifications one must meet to be eligible to the office of the Chief Minister. A Chief Minister must be:
  1. a citizen of India
  2. Should be a member of the state legislature. If a person is elected chief minister Who is not a member of the legislature, then he/ she must become a member within six months.
  3. of 25 years of age or more

Salary

  • The salary and allowances of the Chief Minister are fixed by the State Legislature.

Powers and function of the Chief Minister

  • The Chief Minister of a state enjoys in the state a position similar to the position of the Prime Minister in the Union of India. For all Practical Purpose the Chief Minister holds the executive power of the State Government in his hand

Formation of the Ministry

  • The Chief Minister forms the Cabinet. After his appointment he prepares a list of other Ministries and the Governor makes appointments of the ministers according to that list.
  • No person can be appointed minister against without the will of the Chief Minister.

Distribution of Portfolios

  • The departments are distributed among the ministers by the Chief Minister. The Chief Minister looks after the work of other ministers.
  • He can change the departments of the Ministers whenever he likes.
  • The ministers keep the Chief Minister informed regarding the working of their departments. They get advice of the Chief Minister whenever necessary.

Removal of Ministers

  • The ministers remain in office during the pleasure of the Chief Minister. The Governor cannot remove can ask any minister to resign if he is not happy with his work.
  • He can make a charge in his Council of Ministries whenever he likes.

Chairman of the cabinet

  • The Governor cannot participate in the meeting of the cabinet. The Chief Minister calls the meetings of the Cabinet and presides over its meeting.
  • He also prepared and controls the agenda for cabinet meeting. The Cabinet takes its decisions unanimously and normally the views of the Chief Minister carry weight.

Leadership in the cabinet in the Legislative

  • The Chief Minister can attend the meeting of both the Houses andcan participate in their Working. The members of the legislature askquestions to the cabinet members and criticize their policies andactions. When a minister cannot give satisfactory reply to thecriticism of a member, the Chief Minister assists the minister insatisfying the member. The important decisions taken by theare announced in the Legislative by the Chief Minister.

Leader of the Legislature

  • The Chief Minister is also the leader of the Legislature .He is the leader of the Legislative assembly because his party commands majority in the Legislative Assembly.
  • Legislative Assembly is more important than the Legislative Council cannot stand in the way of Legislative Assembly. The Legislative Council cannot stand in the way of Legislative Assembly. Hence, the legislature generally acts under the guidance of the Chief Minister. No law can be framed without the will of the Chief Minister. During emergency also the Legislature’s performs its functions according to the instructions of the Chief Minister.

Leader of the Masses

  • The Chief Minister is the Leader of the masses in the state. He is the elected representative of the people and is supported by the majority party in the House. The people of the state are always ready to carry out the wishes of the chief Minister.

Position of the Chief Minister

  • In the State the position of the Chief Minister is similar to the position of the Prime Minister at the centre. The Chief Minister is the man of conscience in the state.
  • Against his wishes neither a Bill can be passed nor can a tax levied. He is like the sun around which their ministers revolve like connected with his party.
  • If his party enjoys a thin majority in the House or it lacks solidarity the position of the Chief Minister may be vulnerable. Before the General Elections the Congress Party was the master of the country.
  • But after that the split in the party destroyed the unity of the party and ended the monopoly of power, In most of the sates coalition Governments came into power.
  • Various political parties joined and formed their Governments. But coalition Government falls under its own weight, Parties forming the Government quarrel on flimsy maters and part with throwing the administration to dogs.
  • Surely when the Chief Minister heads a single party Government his pre-eminence is unquestioned but in a coalition or a multi party Government his pre-eminence is derived solely from agreement among the partners.
  • While depending upon the support of other parties, it is clear that he cannot break up the coalition by seeking to dismiss the minister representing the partnership and yet claim to remain in office himself.

Under such circumstances the Chief Minis ends upon the vagaries of the Legislature. 

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