As we all know Indian polity have the good weighted in the All Competition exam Like SSC , Railways and other important exam.So, here we giving the brief short notes on Polity (topic wise).
State Legislature
Articles 168 to 212 in Part VI of
the Constitution deal with the organisation, composition, duration, officers,
procedures, privileges, powers and so on of the state legislature. Though these
are similar to that of Parliament, there are some differences as well , but
here we deal with only organisation and composition only.
There
is no uniformity in the organisation of state legislatures. Most of the states
have an unicameral system, while others have a bicameral system.
At present
(2013), only Seven states have two Houses (bicameral). These are Andhra
Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and
Kashmir. The Tamil Nadu Legislative Council Act, 2010 has not come into force.
The 7th Amendment Act of 1956 provided for a Legislative Council in Madhya
Pradesh. However, a notification to this effect has to be made by the
President. So far, no such notification has been made. Hence, Madhya Pradesh
continues to have one House only. Two states Assam and Rajasthan passed
resolution from their respective states under Article 169.
How it form?
The
twenty-two states have unicameral system. Here, the state legislature consists
of the governor and the legislative assembly. In the states having bicameral
system, the state legislature consists of the governor, the legislative council
and the legislative assembly. The legislative council (Vidhan Parishad) is the
upper house (second chamber or house of elders), while the legislative assembly
(Vidhan Sabha) is the lower house abolition or creation of legislative councils
in states. Accordingly, the create it (where it does not exist), if the
legislative assembly of the concerned state passes a resolution by a special
majority, that is, a majority of the total membership of the assembly and a
majority of not less than two-thirds of the members of the assembly present and
voting. This Act of Parliament is not to be deemed as an amendment of the Constitution
for the purposes of Article 368 and is passed like an ordinary piece of legislation
(ie, by simple majority).
COMPOSITION OF TWO HOUSES
Composition of Assembly:
Strength:The legislative assembly consists of
representatives directly elected by the people on the basis of universal adult
franchise. Its maximum strength is fixed at 500 and minimum strength at 60. It means
that its strength varies from 60 to 500 depending on the population size of the
state. However, in case of Arunachal Pradesh, Sikkim and Goa, the minimum
number is fixed at 30 and in case of Mizoram and Nagaland, it is 40 and 46
respectively. Further, some members of the legislative assemblies in Sikkim and
Nagaland are also elected indirectly. Nominated Member The governor can nominate one member
from the Anglo-Indian community, if the community is not adequately represented
in the assembly
Reservation of seats for SCs and STs: The Constitution
provided for the reservation of seats for scheduled castes and scheduled tribes
in the assembly of each state on the basis of population ratios. Originally,
this reservation was to operate for ten years (i.e., up to 1960). But this
duration has been extended continuously since then by 10 years each time. Now,
under the 79th Amendment Act of 2009, this reservation is to last until 2020.
Duration of Assembly:
Like the Lok Sabha, the legislative assembly is not a continuing chamber. Its normal term is five years from
the date of its first meeting after the general elections. The
expiration of the period of five years operates as automatic dissolution
of the assembly. However, the governor is authorised to dissolve the
assembly at any time (i.e., even before the completion of five years) to
pave the way for fresh elections.
Speaker of Assembly:
The Speaker is
elected by the assembly itself from amongst its members. Usually, the
Speaker remains in office during the life of the assembly.
Deputy Speaker of Assembly:
Like the Speaker,
the Deputy Speaker is also elected by the assembly itself from amongst
its members. He is elected after the election of the Speaker has taken
place. Like the Speaker, the Deputy Speaker remains in office usually
during the life of the assembly. The Deputy Speaker performs the duties
of the Speaker’s office when it is vacant.
Composition of Council:
Strength:Unlike the members of the legislative
assembly, the members of the legislative council are indirectly elected. The
maximum strength of the council is fixed at one-third of the total strength of
the assembly and the minimum strength is fixed at 406. It means that the size
of the council depends on the size of the assembly of the concerned state. This
is done to ensure the predominance of the directly elected House (assembly) in
the legislative affairs of the state. Though the Constitution has fixed the maximum
and the minimum limits, the actual strength of a Council is fixed by
Parliament.
Manner of Election: Of the total number of members of a
legislative council:
1. 1/3 are elected by the members of
local bodies in the state like municipalities, district boards,etc.,
2. 1/12 are elected by graduates of
three years standing and residing within the state,
3. 1/12 are elected by teachers of
three years standing in the state, not lower in standard than secondary school,
4. 1/3 are elected by the members of
the legislative assembly of the state from amongst persons who are not members
of the assembly, and
5.
the remainder are nominated by the
gover-nor from amongst persons who have a special knowledge or practical
experience of literature, science, art, cooperative movement and social
service. Thus, 5/6 of the total number of members of a legislative
council are
indirectly elected and 1/6 are nominated by the governor. The
members are
elected in accordance with the system of proportional representation by
means
of a single transferable vote.
Duration of Council:
Like the Rajya Sabha, the legislative
council is a continuing chamber, that is, it is a permanent body and is not
subject to dissolution. But, one-third
of its members retire on the expiration of every second year. So, a member continues as such for six years. The
vacant seats are filled up by fresh elections and nominations (by governor) at
the beginning of every third year. The retiring members are also eligible for
re-election and re-nomination any number of times.
Chairman of Council:
The Chairman is elected by the council
itself from amongst its members.
Deputy Chairman of Council:
Like the Chairman, the Deputy Chairman
is also elected by the council itself from amongst its members.
Quorum:
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