Composition of Two Houses
What is the Composition of Assembly?
The legislative assembly is made up of representatives who are elected directly by the people using the universal adult franchise. It has a maximum strength of 500 pounds and a minimum strength of 60 pounds. Its strength varies from 60 to 500 depending on the size of the state's population. However, the minimum number is set at 30 in Arunachal Pradesh, Sikkim, and Goa, and 40 and 46 in Mizoram and Nagaland, respectively. In addition, some members of Sikkim's and Nagaland's legislative assemblies are elected indirectly. If the Anglo-Indian community is underrepresented in the assembly, the governor can nominate one member from the community. This provision was originally intended to be in effect for ten years (ie, upto 1960). However, this period has been continuously extended by ten years since then. This is now set to last until 2020, thanks to the 95th Amendment Act of 2009. Each state is divided into territorial constituencies for the purpose of holding direct elections to the assembly.
The demarcation of these constituencies is done in such a way that the ratio of each constituency's population to the number of seats allotted to it is consistent throughout the state.
In other words, the Constitution ensures that different constituencies in the state are represented uniformly. The term 'population' refers to the population as determined by the most recent census for which figures have been published.
A readjustment in the census is required after each census.
• Total number of seats in each state's legislature and
• Each state is divided into territorial constituencies. The Parliament has the authority to decide on the authority and how it will be exercised. As a result, the Delimitation Commission Acts of 1952, 1962, 1972, and 2002 were enacted by Parliament for this purpose.
The 42nd Amendment Act of 1976 kept the total number of seats in each state's assembly and the division of those states into territorial constituencies at the 1971 level until the year 2000. The 84th Amendment Act of 2001 extended the ban on readjustment until 2026, with the same goal of encouraging population control measures.
On the basis of the population figures from the 1991 census, the 84th Amendment Act of 2001 also empowered the government to readjust and rationalise territorial constituencies in a state.
Later, the 87thAmendment Act of 2003 provided for constituency delimitation based on the 2001 census rather than the 1991 census. This can be done, however, without affecting the total number of seats in each state's legislature.
The Constitution provided for the reservation of seats in each state's assembly for scheduled castes and scheduled tribes based on population ratios. This reservation was supposed to last ten years at first (i.e., up to 1960). However, this period has been continuously extended by ten years since then. This reservation will now last until 2020, thanks to the 95th Amendment Act of 2009.
What is the Composition of Council?
Members of the legislative council, unlike members of the legislative assembly, are elected indirectly.
The council's maximum strength is set at one-third of the assembly's total strength, with a minimum strength of 40. It means that the size of the council is determined by the size of the state legislature. This is done to ensure that the state's legislative affairs are dominated by the directly elected House (assembly). Despite the fact that the Constitution establishes maximum and minimum limits, Parliament determines the actual strength of a Council.
How The Election is Taken Place?
A legislative council's total number of members is divided as follows:
Members of local bodies in the state, such as municipalities and district boards, elect 1/3 of the representatives.
1/12 are chosen from graduates with three years of experience who live in the state.
1/12 are chosen by teachers with at least three years of experience in the state and a secondary school diploma.
Approximately one-third of the members of the state's legislative assembly are elected from among those who are not members of the assembly, and the remaining two-thirds are elected by the members of the state's legislative assembly from among those who are not members of the assembly.
The governor selects the remaining members from among those with special knowledge or practical experience in literature, science, art, cooperative movement, or social service.
As a result, 5/6 of a legislative council's members are indirectly elected, while 1/6 are nominated by the governor. Members are elected using a single transferable vote in accordance with the proportional representation system. In any case, the governor's nomination's bona fides or propriety cannot be questioned in the courts. The Constitution's scheme for forming a legislative council is provisional and subject to change. The Parliament has the authority to change or replace it. However, it has yet to enact such legislation.
What is The Duration Of Two Houses?
The legislative assembly, like the Lok Sabha, is not a permanent chamber. It has a five-year term starting from the date of its first meeting following the general elections. The assembly is automatically disbanded after the five-year period has expired. The governor, on the other hand, has the authority to dissolve the assembly at any time (even before the end of the five-year term) to allow for new elections. Furthermore, during a period of national emergency
, the assembly's term can be extended for one year at a time by a law of Parliament (for any length of time). However, after the emergency has ended, this extension cannot be extended for more than six months. This means the assembly should be re-elected within six months of the emergency being lifted.
The legislative council, like the Rajya Sabha, is a continuing chamber, meaning it is a permanent body that cannot be dissolved. Every second year, however, one-third of the organization's members leave. As a result, a member remains a member for six years. At the beginning of every third year, new elections and nominations (by the governor) are held to fill the vacant seats. The retiring members can run for re-election and re-nomination as many times as they want.
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