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Saturday, December 30, 2017

State Legislature in India

The State Legislature can be: Unicameral i.e One House or Bicameral i.e Two House

Following States has Bicameral Status :
Seven Indian States, Andhra Pradesh, Telangana, Bihar, Jammu-Kashmir, Karnataka, Maharashtra and Uttar Pradesh, have bicameral Legislatures, these are called legislative councils (Vidhan Parishad)

Legislative Council or State Legislature

  • Legislative Council [Vidhan Parishad] - Also known as Upper House. Like Rajya Sabha, it is also a permanent house (sort of) and cannot be dissolved.
  • Strength- The total strength cannot exceed 1/3rd of the strength of Legislative Assembly, subject to a minimum of 40 members. The strength varies as per the population of state.
  • Legislative Council can be created or abolished on the recommendation of Legislative Assembly.
  • The Parliamentary Standing Committee on Law and Justice, headed by E.M. Sudarsana Natchippan, has recommended revival of the Legislative Council in Andhra Pradesh, 20 years after it was abolished in 1985.

Creation and Abolition of Legislative Council
  • As per Article 169, if the Legislative Assembly passes a resolution for abolishing or creating of the Legislative Council by a majority of the total membership of the assembly and by a majority of not less than two – third of the members present and voting, the Parliament may approve the resolution by a simple majority.
  • A resolution passed by the Legislative Assembly for the creation or abolition of its Council is not binding on the Parliament.
  • The Parliament may or may not approve such a situation.

Tenure- The members of legislative council are appointed for 6 yrs term with l/3rd members retiring every two years.

Qualification: The qualification to be member of State Legislative Council is same as that of Lok Sabha, however, the age which is 30 yrs.

Election- One – third of the members are elected by local bodies, one – third by legislative assembly, one – twelfth by university graduates of at least 3 yrs standing, similar proportion by teachers (not less than secondary school) of at least 3 yrs standing & one – sixth nominated by the Governor from among those persons who distinguish themselves in literature, science or social service.

The Council elects a Chairman & a Vice – chairman from among its members.