CHAPTER 4 STATEGOVERNMENT

STATE LEGISLATURE (Art. 168 - 212)

State Legislature is a body at state level which is similar to Parliament . It consists of
1. The State Legislative Assembly ( Lower House ) or VidhanSabha
2. The State Legislative Council ( Upper House ) or VIdhanParishad and
3. The Governor

Members of the Legislative assemblies are called as MLAs.

Members of the Legislative Councils are called as MLCs.
Election Commission of India (Art. 324) conducts the election of state assemblies.
Majority of the states in India have only Lagislative assembly and is called unicameral system.
In any state if both the Legislative Assembly (Art. 170) and the Legislative council (Art. 171) are present it is called
bicameral system. This feature was introduced in India , by The Montague-Chelmsford Reforms (Govt. Of India Act,
1919).
As of January 1, 2017only 7 states are bicameral. They are
1. Andhra Pradesh
2. Bihar
3. Jammu and Kashmir
4. Karnataka
5. Maharashtra
6. Uttar Pradesh
7. Telangana

CREATION / ABOLISHION OF STATE LEGISLATIVE COUNCIL

ARTICLE 169: Empowers the Parliament to establish or abolish a state legislative council. Legislative councils can be
formed or abolished if
The state assembly passes a resolution by a special majority (majority of house + 2/3 of members present)
The Parliament accepts the same resolution by a simple majority (1/2 +1 members)
NOTE: This is not an amendment of the constitution under Article 368.
NOTE: Legislative Council can be abolished but cannot be dissolved while RajyaSabha can neither be dissolved nor
be abolished.

LEGISLATIVE ASSEMBLY LEGISLATIVE COUNCIL

Permissible No. of Members
Election of members
Governors Nominations
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From 60 to 500 (depending on population)
Exceptions: Goa, Arunachal Pradeshand
Sikkim-32 (min) Mizoram (40), Nagaland (46)
Election by people on the basis of universal
adult franchise
1 member of Anglo Indian Community
40-1/3rd of the total strength of Legislative
Assembly
1/3rd are elected by the members of local
bodies in the state, like municipalities,
district boards, etc.
1/3rdare elected by the members of the
Legislative Assembly of the state from
among the members who are not the
members of the Assembly.
1/12thare elected by graduates of three
years standing and residing within the state.
1/12thare elected by teachers of three years
standing in the state, not lower in standard
than secondary school.
1/6thof the total strength from amongst
persons who have a special knowledge or
practical experience of literature, science,
art, cooperative movement and social
service.
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Duration Normal term-5 years However, governor can
dissolve the assembly at any time. Can be
extended one year at a time during
emergency by a law of Parliament.
Minimum Age for members 25 years
LC is a continuing chamber (like RajyaSabha),
not subject to dissolution. 1/3rd of members
retire every second year. Hence, the tenure
of a member is six years.
30 years

QUALIFICATIONS FORMEMBERSHIP OF STATE LEGISLATURE

1. He must be a citizen of India.
2. He must be not less than 30 years of age in the case of the legislative council and not less than 25 years of age in
the case of the legislative assembly.
3. He must posses other qualifications as prescribed by Parliament.

PROVISIONS DURING EMERGENCY

1. The term of assembly can be extended by 1 year during the period of National emergency.
2. This period can be extended by any number of times but not more than 1 year at a time.
3. The extension cannot be continued beyond a period of 6 months after the emergency has ceased to operate.

SALARY:The salary of the members of legislative assembly is decided by the state legislature.
RESIGNATION:A member of legislative assembly submits the resignation to the speaker.

SPEAKER OF LEGISLATIVE ASSEMBLY

QUALIFICATIONS: He must be a member of the legislative assembly.
ELECTION:
The speaker is elected from amongst the members of state legislative assembly.
The election of the speaker is conducted by the pro-tem speaker.
NOTE: Pro tem speaker is appointed by the Governor. Generally the senior most member of the assembly is
appointed as the pro-tem speaker. (Pro tem speaker concept is taken from French constitution)

RESIGNATION: Speaker submits the resignation letter to the Deputy Speaker.

REMOVAL:Removal or impeachment of the speaker of State Assembly is done in a similar manner as that of the Speaker
of LokSabha by Legislative assembly.

CHAIRMAN OF LEGISLATIVE COUNCIL:

The chairman of the legislative council must be a member of the legislative council.
The chairman is elected from amongst the members.
Note: This is unlike RajyaSabha, where the Chairman is not a member of the RajyaSabha.
RESIGNATION: The Chairman submits the resignation to the deputy chairman and the deputy chairman submits
the resignation to the chairman

CHIEF MINISTER
The Governor is the dejure (nominal) head while the Chief Minister is the defacto (real) head of a state.
The Governor is the head of the state and the Chief Minister is the head of the Government.
APPOINTMENT:
The Chief Minister is appointed by the Governor.
Other Ministers are also appointed by the Governor only on the advice of the Chief Minister.
MEMBERSHP:
A person who is not a member of the state legislature can be appointed as the Chief Minister. He should become a
member of either of the houses of the state legislature within six months, failing which he ceases to be the Chief
Minister.
The Chief Minister may be the member of any of the two houses of a state legislature.

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REMOVAL:
The Chief Minister is removed by the Governor.
The Chief Minister cannot be removed as long as he enjoys the majority of the House.
OATH OF OFFICE:The oath of office to the Chief Minister is administered by the Governor.
TERM:The Chief Minister holds the office during the pleasure of the Governor.
RESIGNATION:The Chief Minister submits the resignation to the Governor.
The following officers are appointed by the Governor on the advice of the CM.
1. Advocate General
2. SPSC (State Public Service commission) Chairman
3. SFC (State Finance Commission) Chairman
4. SEC (State Election Commissioner)
The CM is the ex-officio chairman of the State Planning Board.
The CM is a member of
1. NDC (National Development Council).
2. ISC (Inter State Council).
3. NIC (National Integration Council).

MISCELLANEOUS:
Uttar Pradesh has the maximum number of members in LA(403) as well as in LC(100).
The final authority to decide any question relating to disqualification of a member of state legislature is Governor.
The speaker continues to be the speaker even after the dissolution of assembly up to the first sitting of the new
assembly.
A minister can continue without being elected to the state assembly for maximum 6 months.
Pay & Allowances of ministers of state government are determined by state assembly.
After Babri incident (1992), VidhanSabha of U.P, M.P, Rajasthan & Himachal Pradesh were dissolved.
Goa is the only state in India to have a Common Civil Code.
The Contingency fund of a state is operated by the State Legislature while accounts of state are controlled by CAG.
Art. 167 is related to duties of Chief Minister of a state.
Sucheta Kriplani was the first women chief minister of a state (U.P- 1963),
The tenure of Chief minister of Jammu & Kashmir is 6 years.
The Chief Secretary of a state is appointed by Governor & he has no fixed tenure.

PARLIAMENT STATE LEGISLATURE

A. With Regard to Ordinary Bills
1. It can be introduced in either House of the Parliament. 1. It can be introduced in either House of the state
legislature.
2. It can be introduced either by a minister or by a private 2. It can be introduced either by a minister or by private
member. member.
3. A deadlock between the two Housestakes place when 3. A deadlock between the two Houses takes place when the
the second House,after receiving a bill passed by the first legislative council, after receiving a bill passed by the
House, rejects the bill or proposes amendments that are legislative assembly, rejects the bill or proposes amendments
not acceptable to the first House or does not pass the bill that are not acceptable to the legislative assembly or does
within six months. not pass the bill within three months.
4. The Constitution provides for the mechanism of joint 4. The Constitution does not provide for the mechanism of joint
sitting of two Houses of the Parliament to resolve a sitting of two Houses ofthe state legislature to resolve a
deadlock between them. deadlock between them.
B. With Regard to Money Bills
1. It can be introduced only in the LokSabha and not in 1. It can be introduced only in the legislative assembly and not
the RajyaSabha. in the legislative council.
2. It can be introduced only on the recommendation of 2. It can be introduced only on the recommendation of the
the president. governor.
3. It can be introduced only by aminister and not by a 3. It can be introduced only by a minister and not by a private
private member. member.
4. It cannot be rejected or amended by the Rajya Sabha. 4. It cannot be rejected or amended by the legislative council. It

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It should bereturned to the LokSabha within 14days,
either with or without recommendations.
5. The LokSabha can either accept orreject all or any of
the recommendations of the Rajya Sabha.
6. If the LokSabha accepts any recommendation, the bill
is the ndeemed to have been pass-edbyboth the Houses
in the modified form.
7. If the LokSabha does not accept any recommendation,
the bill is then deemed to have been passed by boththe
Houses in the form originally passed by the Lok Sabha
without any change.
8. The Constitution does not provide for the resolution of
any dead lock between the two Houses. This is because,
the will of the Lok Sabha is made to prevail over that of
the Rajya Sabha, if the latter does not agree to the bill
passed by the former.
should be returned to thelegislative assembly within 14 days,
either with or without amendments.
5. The legislative assembly can either accept or reject all or any
of the recommendations of the legislative council.
6. If the legislative assembly accepts any recommendation,
the bill is then deemed tohave been passed by both the
Houses in the modified form.
7. If the legislative assembly does not accept any
recommendation, the bill is thendeemed to have been passed
by both the Houses in the form originally passed by the
legislative assembly without any change.
9. The Constitution does not provide for the resolution of any
deadlock between the two Houses. This is because, the will of
the legislative assembly is made to prevail over that of
legislative council, if the latter does not agree to the bill passed
by the former.

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