Legislative Assembly (Vidhan Sabha):
The Vidhan Sabha or the Legislative Assembly is the lower house of
the state legislature in the different states and for the two of the union
territories, Delhi and Pondicherry.
Members of a Vidhan Sabha are direct representatives of the people
of the particular state as they are directly elected by the adult
suffrage.
Each Vidhan Sabha is formed for a five year term after which all
seats are up for election.
The maximum size of Vidhan Sabha is not more than 500 members and
not less than 60. However, the size of the Vidhan Sabha can be less than 60
members through an Act of Parliament, such is the case in the states of Goa,
Sikkim and Mizoram. The Governor can appoint one member to represent the
Anglo-Indian community if he or she finds that community to not be adequately
represented in the House.
Qualification to be a member of Vidhan Sabha :
1. A person must be a citizen of India
2. She/he must have attained 25 years of age.
3. She/he should be mentally sound and should not be bankrupt.
4. She/he should also state an affidavit that there are no
criminal procedures against him.
Vidhan Sabha via-a-vis Lok Sabha:
The position of Vidhan Sabha is relatively stronger than Lok
Sabha when it comes to the relation with the
respective upper houses.
The following are differences in the legislative
procedures:
1. As regard to Money Bills the position of Vidhan Sabha is same as
that of Lok Sabha. The upper houses at Union and at the states
have no powers for the amendments or to withhold the Bill for
the period for more than 14 days from the date of receipt of the
Bill.
2. In case of Bills other than money Bills the position of
Vidhan Sabha is stronger as compared to Lok Sabha. While disagreement between
the two Houses of the Union Parliament is resolved by
"Joint Sitting”, there is no such provision of solving the deadlock at the
state level.The will of the Vidhan Sabha shall ultimately
prevail. The upper house at the state level can just delay the bill for
the maximum period of 4 months i.e. 3 months in first journey and 1
month in second journey.
3. While the period for passing a Bill (other than money Bill)
from Rajya Sabha is six months is the case of Legislative Councils it is just
three months.
Legislative Council (Vidhan Parishad):
The Legislative Council is a permanent body that cannot be
dissolved;each Member of the Legislative Council (MLC) serves for a six-year
term, with terms staggered so that the terms of one-third of a Council's
members expire every two years. This arrangement parallels that forthe Rajya
Sabha, the upper house of the Parliament of India.Six states in India have a
Legislative Council:
Andhra Pradesh,Bihar,Jammu and Kashmir,Karnataka,
Maharashtra, and Uttar Pradesh.
Qualification to be a member of Vidhan Parishad:
Eligibility criteria to be the member of Vidhan Parishad:
She/he must be citizen of India
She/he must have attained at least 30 years of age
She/he must be mentally sound,
She/he must not be a bankrupt
She/he must be listed the voters'list of the state for which heor
she is contesting an election.Election of members of Legislative Council
1. One-third of the members are elected by members of local
bodies such as corporations, municipalities, and Zila Parishads.
2. One-third of the members are elected by members of
Legislative Assembly from among the persons who are not members of the
Assembly.One-twelfth of the members are elected by the persons who are
graduates of three years' standing residing in that state.One-twelfth are
elected by persons engaged for at least three years in teaching in educational
institutions within the state not lower than secondary schools, including
colleges and universities.One-sixth are nominated by the governor from persons
having knowledge or practical experience in fields such as literature, science,
arts, the co-operative movement and social service.
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