11. State Legislature

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indian polity study materials 11
  • The State legislature consists of the Governor and one or two houses, as the case may be.
  • The Lower House is known as Legislative Assembly (Vidhan Sabha) and the upper House (Vidhan Parishad).
  • The State legislature of Bihar, Jammu & Kashmir, Karnataka, Maharashtra and Uttar Pradesh have two houses each, whereas all other States have only one House each,
  • i.e. Vidhan Sabha.

Legislative Assembly:

  • It is a directly elected body on the basis of adult franchise.
  • The total number of members of the Assembly shall in no case be more than 500 or less than 60. like the Lok Sabha, its normal life is five years.
  • A candidate for election to the Legislative Assembly of a State Should be (i) a citizen of India; (ii) not less than 25 years of age; (iii) not holding an office of profit under the Government; and (iv) should possess mental and physical health.

Legislative Council:

  • Like the Rajya Sabha, it is a permanent body.
  • One-third of its members retire after every two years.
  • Its total members should not exceed one-third of the members of the State Legislative Assembly.
  • Its minimum strength is 40.
  • To be eligible for becoming a member of the Legislative Council, a person should possess the same qualification as for becoming a member of the Legislature Assembly.
  • However, in respect of age, the minimum age has been fixed at 30 years 

    With Regard to Ordinary Bill

PARLIAMENT STATE LEGISLATURE
1.It can be introduced in either House of the Parliament.
1.It can be introduced in either House of the state legislature
2. a Private It can be introduced either by a Minister or by 2. It can be introduced either by a Minister or by Private Member.

 

 3. It passes through first reading, second reading and third reading in the origination House 3. It passes through first reading, second reading and third reading in the origination
4. It is deemed to have been passed by the Parliament only when both Houses have agreed to it, either with or without amendments 4. It is deemed to have been passed by the state legislature only when both the Houses have agreed to it, either with or without
5. A deadlock between the two Houses takes place when the second House, after receiving a bill passed by the first House, rejects the bill or proposes amendments that are not acceptable to the first House or does not pass the bill within six months. 5. A deadlock between the two Houses takes place when the legislative council, after receiving a bill passed by the legislative assembly, rejects the bill or proposes amendments that are into acceptable to the legislative assembly or does not pass the bill within three months
6. The Constitution provides for the mechanism of joint sitting of two Houses of the Parliament to resolve a deadlock between them over the passage of a 6. The Constitution does not provide for the mechanism of joint sitting of two Houses of the state legislature to resolve a deadlock between them over the passage of a bill
7. The Lok Sabha cannot override he Rajya Sabha by passing the bill for the second time and vice versa. A joint sitting is the only way to resolve a deadlock between the two

 

7. The Legislative assembly can override the legislative council by passing the bill for the second time and not vice When a bill is passed by the assembly for the second time and transmitted to the legislative council, if the legislative council rejects the bill again, or proposes amendments that are not acceptable to the legislative assembly, or does not pass the bill within one month, then the bill is deemed to have been passed by both the Houses in the form in which it was passed by the legislative assembly for the second time.
8. The mechanism of joint sitting for resolving a deadlock applies to a bill whether originating in the Lok Sabha or the Rajya Sabha. If a Joint sitting is not summoned by the president, the bill ends and becomes dead 8. The mechanism of passing the bill for the second time to resolve a deadlock applies to a bill originating in the legislative assembly only, When a bill, which has originated in the legislative council and sent to the legislative assembly, is rejected by the latter, the bill ends and becomes

 

With Regard to Money Bill

PARLIAMENT LEGISLATIVE ASSEMBLY
1. it can be introduced only in the Lok Sabha and not in the Rajya Sabha
1.  It can be introduced only in the legislative assembly and not in the legislative council
2.It can be introduced only on the recommendation of the president 2.It can be introduced only on the recommendation of the governor
3. It can be introduced only by a minister and not by a private member 3. It can be introduced only by a minister and not by a private member
4. It cannot be rejected or amended by the Rajya Sabha. It should be returned to the Lok Sabha within 14 days, either with or without recommendations. 4. It cannot be rejected or amended by the Legislative council. It should be returned to the legislative assembly within 14 days, either with or without amendments.
5.  The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha 5. The legislative assembly can either accept or reject all or any of the recommendations of the legislative council.
6.If the Lok Sabha accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form 6.If the legislative assembly accepts any recommendations, the bill is then deemed to have been passed by both the Houses in the modified
7. If the Lok Sabha does not accept any recommendation, the bill is then deemed to have been passed by both the Houses in the form originally passed by the Lok Sabha without any change 7. If the legislative assembly does not accept any recommendation, the bill is then deemed to have been passed by the legislative assembly without any change.
8. If the Rajya Sabha does not return the bill to the Lok Sabha within 14 days, the bill is deemed to have been passed by both the Houses at the expiration of the said period in the form originally passed by the Lok Sabha 8. If the legislative council does not return the bill to the legislative assembly within 14 days, the bill is deemed to have been passed by both the Houses at the expiration of the said period in the form originally passed by the legislative assembly.
9. If the legislative council does not return the bill to the legislative assembly within 14 days, the bill is deemed to have been passed by both the Houses at the expiration of the said period in the form originally passed by the legislative assembly.bill passed by the former. 9. The Constitution does not provide for the resolution of any deadlock between the two 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.

 

Comparison Between Rajya Sabha & State legislative Council

  • Even though both the council and the Rajya Sabha are second chambers, the Constitution has given the council much lesser importance than the Rajya Sabha due to the following reasons:
  • The Rajya Sabha consists of the representatives of the states and thus reflects the federal element of the polity. It maintains the federal equilibrium by protecting the interests of the states against the undue interference of the Centre. Therefore, it has to be an effective revising body and not just an advisory body or dilatory body like that of the council. On the other hand, the issue of federal significance does not arise in the case of a council.
  • The council is heterogeneously constituted. It represents different interests and consists of differently elected members and also includes some nominated members. It’s very composition makes its utility as an effective revising body. On the other hand, the Rajya Sabha is homogeneously constituted. It represents only the states and consists of mainly elected members (only 12 out of 250 are nominated) The position accorded to the council is in accordance with the principles of democracy. The council should yield to the assembly, which is a popular house. This pattern of relationship between the two Houses of the state legislature is adopted from the British model. In Britain, the House of Lords (Upper House) cannot oppose and obstruct the House of people is only a dilatory chamber – it can delay an ordinary bill for a maximum period of one year and a money bill for one month.

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