UPSC IAS exam preparation - Governance in India - Lecture 3

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State Legislatures - composition,
powers & function

1.0 Constitutional Provisions regarding State Legislatures

The Indian Constitution provides that each State will have a Legislature. It shall consist of the Governor and one House (Legislative Assembly), or the Governor and two houses known as the Legislative Assembly and the Legislative Council.

Article 84 – Qualification for membership of Parliament

A person shall not be qualified to be chosen to fill a seat in Parliament unless he—

is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;
is, in the case of a seat in the Council of States,not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and
possesses such other qualifications as may be prescribed in that behalf by or unde any law made by Parliament.

Article 157 – Qualifications for appointment as Governor

No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.

Article 158 – Conditions of Governor's office

The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
The Governor shall not hold any other office of profit.
The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. (3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.
The emoluments and allowances of the Governor shall not be diminished during his term of office.

Article 159 – Oath or affirmation by the Governor

Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation in the following form, that is to say

"I, A. B., do swear in the name of God that I will faithfully execute the office of Governor (or discharge solemnly affirm the functions of the Governor) of.............(name ofthe State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of...........(name of the State) ."

Article 160 – Discharge of the functions of the Governor in certain contingencies

The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.

Article 161 – Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

Article 162 – Extent of executive power of State

Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:

Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.

Council of Ministers

Article 163 – Council of Ministers to aid and advise Governor

There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.

Article 164 – Other provisions as to Ministers

The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor:Provided that in the States of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work. (1 A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State: Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve: Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date* as the President may by public notification appoint. (1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.

The Advocate-General for the State

Article 165 – Advocate-General for the State

The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.
It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.

Conduct of Government Business

Article 166 – Conduct of business of the Government of a State

All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.

Article 167 – Duties of Chief Minister as respects the furnishing of information to Governor, etc.

It shall be the duty of the Chief Minister of each State—

to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation;
to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and
if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

The State Legislature General

Article 168 – Constitution of Legislatures in States

For every State there shall be a Legislature which shall consist of the Governor, and
Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.

Article 169 – Abolition or creation of Legislative Councils in States

Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.
No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Article 170 – Composition of the Legislative Assemblies

Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.
For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State. Explanation — In this clause, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census.
Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly: Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year 6[2026] have been published, it shall not be necessary to readjust—

the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and
the division of such State into territorial constituencies as may be readjusted on the basis of the 7 [2001] census, under this clause.

Article 171 – Composition of the Legislative Councils

The total number of members in the Legislative Council of a State having such a Council shall not exceed one third of the total number of members in the Legislative Assembly of that State, Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.
Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).
Of the total number of members of the Legislative Council of a State:

as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;
as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;
as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;
as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;
the remainder shall be nominated by the Governor in accordance with the provisions of clause (5).

The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.
The members to be nominated by the Governor under sub-clause (e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art, co-operative movement and social service.

Article 172 – Duration of State Legislatures

Every Legislative Assembly of every State, unless sooner dissolved, shall continue for 1 [five years] from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly, Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.

Article 173 – Qualification for membership of the State Legislature

A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he:

is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;
is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and
possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

Article 174 – Sessions of the State Legislature, prorogation and dissolution

The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
The Governor may from time to time:

prorogue the House or either House;
dissolve the Legislative Assembly.

Article 175 – Right of Governor to address and send messages to the House or Houses

The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members.
The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.

Article 176 – Special address by the Governor

At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly or, in the case of a State having a Legislative Council, both Houses assembled together and inform the Legislature of the causes of its summons.
Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address.

Article 177 – Rights of Ministers and Advocate-General as respects the Houses

Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote.

Article 178 – The Speaker and Deputy Speaker of the Legislative Assembly

Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.

Article 179 – Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

A member holding office as Speaker or Deputy Speaker of an Assembly—

shall vacate his office if he ceases to be a member of the Assembly;
may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:

Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

Article 180 – Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose.
During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.

Article 181 – The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker, from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent.
The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

Article 200 – Assent to Bills

When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:

Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and,

when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom:

Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.

Article 201 – Bills reserved for consideration

When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:

Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.

2.0 Bicameralism in State Legislatures

If there be only one House, it is known as the Legislative Assembly. It is not necessary that every State Legislature must be bicameral. A State's Legislature may be unicameral. In fact, barring very few States, many states in the union do not have legislative Councils. Most of the newer states today are unicameral and only a few of the older states still remain bicameral. As of today only 6 states out of the 29 states have a bicameral legislature.

In a state with a bicameral legislature, the lower house is called the Legislative Assembly or Vidhan Sabha and the upper house is called the Legislative Council or Vidhan Parishad. By law, the upper house can not be more than 1/3 the total size of the lower house but must have more than 40 seats (except in the case of the state of Jammu and Kashmir which is allowed by special legislation to have less than 40 seats in its Legislative Council.)

The upper house, Vidhan Parishad, has limited legislative powers, and was primarily intended for consultation and can not hold up legislation passed by the lower house (the Vidhan Sabha) for more than a few months. The Legislative Assembly is composed of members directly elected from individual constituencies while the upper house, the Legislative Council consists of members indirectly elected by the Lower House, members nominated by the State government, etc.

The state of Andhra Pradesh in 1957 created a legislative council under the provisions of this article leading to the enactment of the Legislative council Act 1957 in Parliament. Through the same process it has been later abolished in 1985.

2.1 Creation and Abolition of Legislative Councils

Article 169 of the Constitution provides for the abolition of Legislative Councils where they exist and also for their creation where they are non-existent. For creation or abolition, the Legislative Assembly of the state must pass a Resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.

3.0 Legislative Assemblies

The Legislative Assembly of a State shall consist of not more than five hundred and not less than sixty Members chosen by direct election from the territorial constituencies in the state (Art.170).

If the Governor of a State is of the opinion that the Anglo-Indian community needs representation in the Assembly and is not adequately represented therein, he may nominate one member of that community (Art 333).

The duration of the legislative assembly is for five years but it can be dissolved before that by the Governor. The term of five years can be extended also, in case of a proclamation of emergency but not exceeding for more than six months from the date the proclamation ceases to have effect. The legislative council is a permanent body like the Rajya Sabha, and cannot be dissolved. However 1/3rd of its total members shall retire after an expiry of two years (Art.172(2)).

The size of the legislative council varies with that of the legislative assembly. The total number of members in the legislative council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of the State, However, in no case, the strength of the Legislative Council shall be less than forty (Art.171).

The composition of Legislative Council is partly through indirect election (one-third of the total numbers of the Council being elected by members of the Legislative Assembly), partly through special constituencies (e.g., Graduates' Constituency, Teachers' Constituency) and partly by nomination. The Governor nominates persons having special knowledge on experience in the fields of Literature, Science, Art, Co.Operative Movement and Social Service (Art.171 (2) (e), (5)).

Qualifications of members of Legislative Assemblies are mutatis mutandis the same as those provided under Article 84 for members of Parliament.

Governor is an integral part of the State Legislature, just as the President is of the Parliament. Like the President at the Centre, the Governor of a State can summon, address, prorogue the State Legislature. The Constitution (First Amendment) Act 1951 inserted a clause to Article 174 according to which the Governor can dissolve the State Assembly. The Legislative Council is not subject to dissolution (Art.174,175,176). The article has generated a a fair amount of controversy and has been the subject matter of some court decisions.

Provisions for Speaker and Deputy Speaker of the Legislative Assembly are mutatis mutandis the same as those for the Speaker and Deputy Speaker of Lok Sabha (Art.178, 179, 180, 181). The Chairman & Deputy Chairman of the Legislative Council have to be chosen by members of the Legislative Council as soon as they can. The Vice-President of India is the ex officio Chairman of the Council of States, i.e., Rajya Sabha.

The Vice-President is the ex officio Chairman of the Council of States. The provisions for vacating his office or for his removal have been dealt with earlier. The other provisions relating to the Chairman, Deputy Chairman of the Legislative Council are mutatis mutandis the same as those relating to the Speaker, Deputy Speaker of the Lok Sabha and the Legislative Assembly (Art.89 to 92 & 182 to 185).

There are no provisions in the Constitution for joint session of Legislative Assembly & Legislative Council even if a state Legislature has two Houses.

Under Article 200, there are four options available to the Governor when a bill passed by the State Legislature is presented to him for assent.

The Governor can

Assents
Withholds assent
Reserves the bill for consideration of the President
Returns the bill (if it is not a Money Bill) for re-consideration with his message. No specific time limit is prescribed for this. This is to be done as soon as possible after the presentation.

The Governors' action in this regard has been held to be non-justiciable.

Under the provisions of Article 201, when a Bill is reserved by the Governor for the Assent of the President, the President may either give his assent or declare that he withholds his assent. Where the Bill is not a Money Bill, the President may direct the Governor to return the Bill together with the message requesting the Legislature to reconsider the Bill or parts of it in the light of the message. The House (or Houses) must then consider the Bill within six months & if it is passed without amendment, it must be submitted to the President for his consideration.

4.0 POWERS AND FUNCTIONS OF THE STATE LEGISLATURE

The powers and functions of the State Legislatures are classified into various categories.

4.1 Legislative Powers

The Legislature of each State is empowered to frame laws on all matters included in the State List and the Concurrent List. But laws made by the State Legislature on the subject in the Concurrent List will be null and void in case they conflict with the laws of the Union on the same subject provided the relevant laws of the State Legislature have not obtained the assent of the President. Thus, the Constitution has imposed certain restrictions on the powers of the State Legislature. Another limitation on the power of the legislature is that during an emergency, the Parliament of India may make laws on the State List.

According to Article 249 of the Constitution, even in normal times, if the Council of States passes a resolution by Two-thirds majority that in the national interest the Union Parliament should make laws on any matters in the State List, the Parliament of India is competent to make laws.

Further, the Governor at his discretion may reserve certain bills like acquisition of private property, bills seeking to impose restrictions on freedom of trade and commerce, bills affecting powers of High Courts, etc. for presidential assent. Under such circumstances, the President of India may give assent to such bills or send them back for the reconsideration of the State Legislature. If such bills are again passed by the State Legislature, the President is not bound to give his assent. Thus the President can veto the bills in entirety, if he so desires. Thus the legislative power of the State legislative Assembly is limited.

4.2 Financial powers

The Legislature of a State also controls the finances of a State. The budget is introduced every year in the State Legislature. The State Legislature may pass, reduce, or reject the demands for grants made in the budget. It is its duty to find ways and means to meet the budget expenditure. Proposal for increase or decrease of taxes are to be approved in the Assembly.

In a bi-cameral legislature, the position of the Legislative Assembly is superior to that of the Legislative Council in respect of financial matters. Excepting the expenditure charged on the Consolidated Fund of the State (which is non-votable) all other items of expenditure must be submitted to the Legislative Assembly in form of demands for grants. In financial matters, the Legislative Assembly is supreme in the State.

4.3 Control over Executive

The Constitution introduced a Parliamentary type of Government in the Centre as well as in the States. Consequently, the Council of Ministers is collectively made responsible to the State Legislature. The Legislature exercises supervision and control over the Ministers. The common method used to make the Ministers responsible to the Legislature is through question, censure motion, amendment to Government's policy, vote of no confidence, etc.

There are also Committees, which exercise control on the Government on behalf of the State Legislature. In controlling the Executive, the Legislative Assembly is more powerful than the Legislative Council. A vote of no confidence in the Legislative Council may not lead to the resignation of the Council of Ministers. However, such a vote of no confidence if passed in the Legislative Assembly compels the Ministry to tender its resignation.

4.4 Electoral functions

The elected members of the Legislative Assembly constitute a part of the Electoral College provided for the election of the President of India. The Legislative Assembly also elects the representatives of the State to the Rajya Sabha and 1/3rd of the members of the Legislative Council of the State concerned. It also elects its Speaker and Deputy Speaker. Legislative Council also elects a Chairman and Vice-Chairman from among its members to preside over the meeting of the Council.

4.5 Constituent functions

The state legislatures in India have no power to propose any amendment of the Constitution. All initiatives for the amendment of the Constitution are vested in the Union Parliament.

In America, both the Union and the States have equal power with regard to the amendment of the Constitution. However, there are certain categories of amendments of the Indian Constitution (such as the election of the Indian President, High Courts, the representation of States in the Parliament, Article 368 of the Constitution etc.) which are to be ratified by one half of the Legislatures. In these respects, the State Legislatures also take part in the amendment of the Constitution. For example, the 15th and 16th Amendment Bills were referred to the State Legislatures. Only when they received the support of half of the State Legislatures, the amendment became valid. Thus unlike U.S.A., the State legislatures in India has limited voice in the amendment of the Constitution.

5.0 powers of the Governor

The Governor is the state's equivalent of the President of India. All executive actions in the State are taken in his name as the constitution vests the executive powers in him. The main difference between the President and the Governor is that the former is elected indirectly where as the later is appointed by the President. Normally a Governor is appointed for one state but sometimes he may be appointed for two more states simultaneously. The Governor holds office during the pleasure of the President.

Specific qualifications are laid down in the constitution for an individual to fulfil before he is appointed as the Governor. These qualifications and conditions are prescribed by Article 157 and 158. A person to be the Governor must by a citizen of India and must have completed thirty five years of age. A person cannot become a member of state legislature or a member of parliament and a Governor of state simultaneously. If such a member of either State or Union legislature is appointed a Governor, he must resign his seat in the legislature before taking oath of office. The Governor is appointed for five years but he may be removed by the President earlier. Constitution does not specify any reason for which he may be removed. President is the right authority to decide upon the issue of removal.

5.1 Elected or Nominated?

There was indeed a proposal in the Constituent Assembly to elect the Governor but the proposal was turned down after a great deal of deliberations. Decision was taken in favour of an appointed Governor. The arguments advanced were that in the absence of any issue to raise before the public, the elections may be fought on personal lines adding chaos to confusion. Further it was apprehended that an elected Governor may aspire for real power and may compete with the Chief Minister who is the elected representative of the people. Thirdly a country with limited financial resources can hardly meet the burdens of yet another election. Fourthly, it was feared that in the event of election outstanding persons may not offer their candidature for the office which was nominal in character. Fifthly, elections may develop regional feelings affecting the unity of the country. Lastly the members hoped that a nominated Governor could act as a link between the Centre and State relationship.

5.2 Executive, Legislative, Financial and Judicial powers of a Governor

Executive powers: Like the President, the Governor also makes all high appointments in the State. He appoints the Chief Minister and other ministers and distributes portfolios among them on the recommendation of the Chief Minister. Virtually he has no role to play in this matter. The Advocate General, the Chairman and members of State Public Service Commission are appointed by him. He can remove the Advocate General but not the Chairman and members of the Public Service Commission. They can be removed by the President on the report of the Supreme Court. He can nominate one member of Anglo Indian Community to the State Assembly if he feels that the community has no adequate representative in the state. He can also nominate one sixth of the members having special knowledge in the field of art, science, literature, social service and cooperative movement to the Legislative Councils in state where the legislature is bicameral.

The Governors of Orissa, Bihar, M.P. have a special responsibility to see that a minister remains in charge of Tribal Affairs. Being the head of the executive he has a right to be informed about the administration. He can call for any information regarding administration from the Chief Minister.

Legislative powers: Like the President, the Governor is very much an integral part of the State Legislature. The legislature cannot meet and function unless summoned by him. He delivers the inaugural address at the commencement of the first session of the legislature. He can address either or both the Houses of the legislature in case of a bicameral legislature and may send messages. The bills passed in the state legislature become Acts only after his consent. The process of giving assent to the bills is the same as with the President of India. Of course there are certain important bills affecting the federal provisions or national administration. Such bills can be reserved for Presidential ascent by the Governor. The President is not bound to give his ascent to the bill even if the same bill is sent to him for his consent time and again. He can also promulgate ordinances in the event of the recess of the legislature. Such ordinances issued by the governor remain valid up to six weeks after the meeting of the Assembly. If however the ordinance is not passed in the legislature in the stipulated time it lapses automatically.

Financial powers: Budget is a very important tool of administration. It is the annual financial statement of income and expenditure prepared by the executive. It makes demands for grants by the legislature. Under the orders of the Governor the annual budget proposals are placed in the Assembly. The Money Bills need his prior approval for introduction in the Assembly. There is a Contingency Fund at his disposal. All unforeseen expenditures are met from this fund with his approval pending the sanction of the state legislature.

Judicial powers: The judicial authority of the Governor is restricted to laws within the executive power of the state government. The governor can extend pardon to persons committing crime and convicted by a court of law. He can commute or remit sentences of the accused. He is consulted in the appointment of the judges of the High Court. He enjoys personal immunity from civil and criminal proceeding during his tenure.

6.0 LEGISLATIVE COUNCILS

As mentioned in the constitution the total membership of the Legislative Council shall not be less than forty and more than one third of the total number of members of the Legislative Assembly of the concerned state. All the members of the Legislative Council are either indirectly elected or nominated by the Governor. The way the Legislative Council is constituted is as follows:

One-third of the members of this House are elected by the Legislative Assembly from amongst persons who are not its members.
One-third of its members "are elected by the local bodies like Municipalities or District Boards or any other local authority as specified by the law of the Parliament.
One-twelfth of the members are elected by graduates of at least three years standing.
One-twelfth of the members are elected by teachers of secondary schools having at least three years experience.
About one-sixth of the members are nominated by the Governor from among persons possessing. Special knowledge and experience in the field of art, science, literature, social service and cooperative movement.

Any Indian citizen who is 30 years of age or more having such other qualifications as prescribed by the Parliament can become a member of the Vidhan Parishad. Of course a person cannot simultaneously be a Member of Parliament and State Legislature. The Legislative Council like the Council of States is a permanent chamber, not subject to dissolution. The members are elected for a period of six years and like Rajya Sabha one-third of members retire every second year. The Legislative Council elects its Chairman and Deputy Chairman from amongst its members.

Though theoretically the powers of the Legislative Council are coequal with the Assembly,in reality the Council is a weak partner of the Legislative Assembly. Ordinary bills can originate in any chamber of the legislature. A bill in order to become an Act must be approved by both the chambers and receive the assent of the Governor. The Governor may give his assent or return the bill back to" legislature with his observations. The legislature while reconsidering the bill may or may not take note of the views of the Governor on the bill. The Governor is bound to give his assent to the bill when it is presented to him for the second time. Even if the Legislative Council disagrees with a bill passed by the Legislative Assembly ultimately the views of the Assembly shall prevail.

The Council has no powers to advise a bill passed in the Assembly. It can only delay the passage of the bill for 3 months in the first instance and for one month in the second. There is no provision of joint sitting as in case of disagreement in Parliament over ordinary bills. In the ultimate analysis the Legislative Council is a dilatory chamber so far as ordinary legislation is concerned. It can delay the passage of the bill maximum for a period of four months.

In the domain of finance it has almost no powers. Like the Council of States, it enjoys a subordinate position in financial matters. Money Bills originate only in Assembly. After they are passed in the Assembly it is sent to the Council. The Council can keep it maximum for a period of 14 days. If it does not pass it within that period, it is deemed to have received the approval of that House.

The Council can control the executive by way of putting questions to ministers, by raising debates and adjournment motions to highlight the lapses of the government but it cannot throw a government out of power. The Legislative Assembly in addition, to the powers discussed above enjoys the power to move vote of no confidence which can force the government to resign. In case of controlling the executive the final say lies with the Legislative Assembly.

The makers of the Constitution have deliberately given a secondary position to the Council of States so that both the chambers in the state do not compete with each other for supremacy. The purpose was to accommodate various professional interests in the Legislative Council, who through their experience can act as the friend, philosopher and guide of the Legislative Assembly.

As of today, seven (out of twenty nine) states have a Legislative Council: Andhra Pradesh, Telangana, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Uttar Pradesh.

The Legislative Council has two elected officials: the Chairman and Deputy Chairman. They are elected by the members of Legislative Council from amongst themselves. The Chairman, and in his absence the Deputy Chairman, presides over the meetings of the Legislative Council.