Civics /Polity (State Legislature )

State Legislature 

Governor, Legislative Assembly, Legislative Council

Legislative Council → Only for 7 states

* Karnataka

* Uttar Pradesh

* Maharashtra

* Bihar

* J & K

* Andhra Pradesh

* Telangana

Legislative Councils (Vidhan Parishad)

* Power of abolition or creation of Legislative council lies with parliament

* If legislative assembly of state passes a resolution by a majority of total membership & not less than 2/3rd of the members of the assembly present & voting, Parliament may or may not approve the resolution with simple majority

* A resolution passed by legislative assembly of state for creation or abolition of its council is not binding on parliament

Composition of Legislative council

1/3rd :- Elected by electorates consisting of members of municipalities, District boards & other local authorities in state

1/3rd :- Elected by members of legislative assembly of state from amongst persons who are not member of assembly

1/6th :- Nominated by governor ( From fields of art, science, literature, social science & cooperative movements)

1/12th :- Elected from graduates of 3 years, residing in that state

1/12th :- Elected by persons engaged in teaching for not less than 3 years in educational institutions within the state, not lower than secondary school

* Strength → Not more than 1/3rd of legislative assembly, but can not be less than 40 (Except J & K – 36)

* Legislative council is a permanent body (term 6 years) & not subjected to dissolution

* After every 2 years, 1/3rd of its members retire, However, retiring members are subjected to re-election & re-nomination

Legislative Assembly (Vidhan Sabha)

* Flexible membership from 60 – 500 members; however in Sikkim, Mizoram & Goa, they are limited to a minimum of 40 members only

* Chosen directly by the people on the basis of adult franchise

* Seats are reserved for SCs & STs on the basis of their population

* 1 member can be nominated by Governor from Anglo Indian community

* Duration → 5 years but may be dissolved earlier by the governor

* 42nd amendment increased assembly official term to 6 years but 44th amendment restored it to 5 years

* During proclamation of national emergency, life of assembly may be extended by an act of parliament for a period of not more than 1 year at a time , but in no case beyond a period of 6 months, after proclamation of national emergency has ceased to operate

Membership Qualification

* Must be citizen of India

* Must be of 25 years of age for Legislative Assembly & 30 years for Legislative Council

* Must not hold any office of profit

* Must not be of unsound mind

- If a situation arises for disqualification of a member, Decision of Governor shall be final (Governor must obtain opinion of election commission of India prior to action)

Unicameral type of government

* All bills originate in single chamber i.e. legislative assembly

* When passed are presented to governor for his assent

Bicameral type of government

* If legislative assembly rejects a bill, originated in Legislative council, then it is the end of the bill

* Procedure of money bill is same as in parliament

* In case of Financial or ordinary bill, if it is passed by legislative assembly, It is sent to legislative council, where if it

 - Reject the bill

 - Suggest amendment to the bill not acceptable to legislative assembly

 - Does not act upon the bill for 3 months

* Then it is referred back to legislative assembly, If legislative assembly passes the bill for the 2nd time, it is retransmitted legislative council, where

 - At the expiry of 1 month period

 - Bill rejected outright

 - Bill passed with amendments not acceptable to legislative assembly

* Then, bill is deemed to have been passed by both the houses & sent to governor for his assent

- There is no provision of joint sitting of state legislature to remove a deadlock, as upper house does not enjoy equal powers with lower house & can not amend a bill on its own