Comparison Between Legislative Assembly And Legislative Council
Introduction
A federal structure with distinct federal and state authorities is established by the Indian Constitution. Every State is required by the Constitution to have a legislature. The body that draughts laws is the state legislature. Of the three state organs, it is the most potent. The Constitution's Part VI deals with the composition duration, method, etc. in Article 168-212.
In several states and at the national level, India has a bicameral system of legislatures. The state legislatures' versions of the Lok Sabha and Rajya Sabha are the Legislative Assembly and Legislative Council, respectively. The United States Constitution first created bicameralism in 1787, therefore it is not a brand-new idea. The idea of a bicameral legislature in India was introduced by the Government of India Act of 1919.
Constitutional Requirements For The State Legislative Council And The State Legislative Assembly
• According to Article 168 of the Indian Constitution, each State's legislature consists of the Governor and one or more Houses.
• Article 171 of the Indian Constitution establishes the Legislative Councils.
• Each state's legislative council chooses its chairman and vice-chairman from among its members.
States Having Legislative Council
• Six states have a legislative council: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka.
• The J&K Reorganization Bill, 2019, which reduced the State of Jammu and Kashmir to the Union Territories of Jammu and Kashmir and Ladakh, disbanded the Jammu and Kashmir Legislative Council.
Legislative Assembly
• The popular House of a State is called the Legislative Assembly.
• The Chief Presiding Officer of a State's Legislative Assembly is the Speaker. He is chosen by the Assembly members voting among themselves.
• When the Speaker is not present or when the position of Speaker is vacant, the Deputy Speaker preside. However, when both the Speaker and Deputy Speaker positions are vacant, the Governor may appoint members of the legislature to fill the vacant positions.
• Members of the Legislative Assembly are chosen directly by the people from territorial constituencies in the State in accordance with the universal adult franchise principle.
Composition of Legislative Assembly
• The State Assembly may not have fewer than 60 or more than 500 total members of the Legislative Assembly.
• With one exception, the legislatures of Mizoram and Goa should each only have 40 members.
• For small states, the center has set a lower number of members.
• According to population, a State seat in the Legislative Assembly is set aside for members of the Schedule Castes and Schedule Tribes.
Legislative Assembly's Duration
• Every State's Legislative Assembly has a five-year term that can be dissolved earlier by the Governor. The Legislative Assembly of States now has a six-year tenure, up from the previous five years, as per the 42nd Amendment Act of the Constitution of 1976.
• The State Legislative Assemblies' five-year terms were reinstated by the 44th Amendment Act of 1978.
• The existence of the Assembly may be prolonged during the national emergency by an act of parliament for a maximum of one year at a time, but in no instance for longer than six months after the proclamation has ceased to be in effect.
• Eligibility to serve in the state legislature
• A person must be an Indian national.
• For the Legislative Assembly, a person cannot be younger than 25 years old, and for the Legislative Council, they cannot be younger than 30 years old.
• A person needs to meet any additional requirements that Parliament may impose through legislation.
Elimination of A State Legislature Member
According to Article 191, a person is ineligible if elected to the State Legislature of a State:
• Whether he holds any office of profit with the federal or state governments.
• If he is mentally unsound.
• Whether he is an unsolved insolvent.
• If he is ineligible under any legislation of Parliament, is not an Indian citizen, has chosen to become a citizen of another country, has pledged his loyalty to another country, or is otherwise subject to any admission of allegiance or adherence to another country.
• If there is any doubt as to whether a member of a State's House of Legislative has become subject to any of the aforementioned disqualifications, the Governor will be consulted, and his judgment will be final.
• Pursuant to Article 192 (2), "the Governor should obtain the opinion of the Election Commission of India and must act according to such opinion before giving any decision on any such question."
Legislative Sessions of The State
• In accordance with Article 174, the Governors may occasionally call a meeting of the Legislature at a time and location of his choosing. However, there shall not be a gap of six months between the date set for its next session's sitting and its final one.
• The legislature must therefore convene at least twice a year.
• The Governor has the authority to occasionally dissolve the legislative assembly or prorogue one of the Houses.
Establishment And Dissolution of The Legislative Council
• In accordance with Article 169, Parliament may pass legislation abolishing the Legislative Council in a State where one currently exists or establishing one in a State where one does not currently exist.
• If the State's Legislative Assembly adopts a resolution to that effect with a majority of the Assembly's entire membership and a majority of at least 2/3 of the members present and voting.
• By a simple majority, Parliament passed the resolution.
• The Parliament is not required to abide by a state's legislative assembly's decision to establish or abolish its Council. Such a resolution may or may not be approved by Parliament.
Legislative Council' Composition
A state's legislative council cannot have more members than its state legislature's total number of legislators, which cannot be more than one-third of the total.
However, the overall membership of the Legislative Council should never be lower than 40. The Vidhan Parishad's composition is not without exception.
The composition of the Legislative Council is as follows - Of the total number of members in the Legislative Council of a State:
• One-third are to be elected by an electorate consisting of members of the district boards, municipalities and other local authorities which is specified by the Parliament according to law.
• One-twelfth are to be elected by an electorate consisting of graduates of three years’ standing and residing within the States.
• One-twelfth of its total members should be elected by an electorate consisting of persons who are engaged in the teaching profession for at least three years in the educational institution within the States not lower in standard than secondary school.
• One-third are elected by the members of Legislative Assemblies and who are not members of the Legislative Assembly.
• The remainder i.e., one-sixth of the members should be nominated by the Governor according to the established law.
Legislative Council's Duration
• The legislative council is a permanent body that cannot be dissolved, just as the Rajya Sabha. A Legislative Council member has a six-year term, with a third of the members retiring every two years.
• The retiring members are additionally eligible for a limitless number of re-elections and re-nominations.
Conclusion
1. In accordance with Article 169 of the Indian Constitution, Parliament has the authority to establish and dissolve the Legislative Council, and it has done so during the Independence Era.
2. Due to a delay in passing and adopting pertinent legislation, this was done.
3. Legislative councils, on the other hand, are accountable bodies that can play a significant role in policies and programs for the development of states.
4. It should be mentioned that the State Legislature's two most important bodies are the Legislative Council and the Legislative Assembly.