Everything You Need To Know About State Legislature Membership
Introduction
Article 173 of the Indian Constitution makes reference to provisions relating to membership in state legislatures, while the Representation of Peoples Act of 1951 adds additional requirements. The qualifications, voting processes, and nomination processes for members of state legislative assemblies and state legislative councils vary.
State Legislature
• A state's political structure is dominated and centered on the state legislature.
• The state legislature's formation, makeup, duration, offices, practices, privileges, powers, and other aspects are covered in Articles 168 to 212 of Part VI of the Constitution.
• The Governor and the legislature make up the state government. In some states, the legislature consists of two houses, the Legislative Assembly and the Legislative Council (bicameral), while in the remaining states, there is only one house, the Legislative Assembly (unicameral).
Qualifications
The following criteria must be met according to the Constitution in order for someone to be elected to the state legislature:
• He must be an Indian national.
• Before the person designated by the Election Commission for this purpose, he must take and sign an oath or affirmation. He swears under oath or affirmation.
• Must firmly uphold and be loyal to the Indian Constitution.
• To protect India's independence and integrity.
• In the case of the legislative assembly, he must be at least 25 years old, and in the case of the legislative council, he must be at least 30.
• Accordingly, under the Representation of Peoples Act of 1951, the parliament established the following additional requirements that he must hold.
• A candidate for the governor's nomination must be a resident of the state in question and an elector for an assembly constituency in order to be eligible for election to the legislative council.
• A candidate for legislative assembly election must be a registered voter in the state's relevant assembly constituency.
• If he wishes to run for a seat set aside for one of the scheduled castes or scheduled tribes, he must belong to one of those groups. Additionally, they have the option of contesting an empty seat.
Ineligibilities (Article 191)
A person is ineligible under the Constitution if they serve in the legislative assembly or legislative council:
• If someone is of unsound mind and has been determined to be so by a court, he may not hold any profit-making positions within the union or state governments (other than those of a minister or other positions exempted by the state legislature).
• Whether he is an unsolved insolvent.
• If he is not an Indian citizen, has chosen to become a citizen of another country, or has pledged loyalty to another country in any way.
• Unless he is otherwise ineligible under a law passed by parliament.
Representation of Peoples Act Disqualifications, 1951
• He must not have been convicted of any election-related crimes or unethical behavior.
• He must not have been convicted of any crime that resulted in a sentence of two years or more in prison. But being detained under a statute requiring preventive detention does not disqualify someone.
• He must not have missed the deadline for submitting an account of his election-related expenses.
• He must not be interested in any projects, works, or services provided by the government.
• He cannot occupy a position of profit or serve as a director or managing agent for a company in which the government owns at least a quarter of the shares.
• He must not have had his employment with the government terminated due to dishonesty or corruption.
• He must not have been guilty of bribery or encouraging animosity between various groups.
• He must not have received punishment for advocating and engaging in societal vices like sati, dowry, and untouchability.
• The Governor's decision is decisive on whether a member has become subject to any of the aforementioned disqualifications.
• The Governor should, however, consult the Election Commission before making any decisions (Article 192).
Disqualification on Ground of Defection
• According to the Constitution, a person is ineligible if they fall within the 10th Schedule's provisions for either house.
• The Speaker, in the case of the legislative assembly, and the chairman, in the case of the legislative council, decide on the issue of disqualification under the tenth schedule.
• The Supreme Court ruled in 1992 that the chairman's or speaker's decision is open to judicial review.
Oath or Affirmation
• Each member of both Houses must take and sign an oath or affirmation in front of the governor or any official that he or she has appointed.
• Without taking the oath, a member is not entitled to the privileges and immunities of the state legislature and is not allowed to vote or participate in House proceedings.
• For each day a member of a house sits or votes, they are subject to a 500 rs fine.
• Members of a state legislature are entitled to salary and benefits as the state legislature may deem appropriate from time to time.
Vacation of Seats - State Legislature
• Two-member membership: An individual cannot simultaneously hold membership in both houses. According to a state statute passed by the legislature, if a person is elected to both houses, his seat in one of the houses becomes empty.
• Disqualifications: A state legislator's seat would become vacant if he or she was found to have any of the disqualifications.
• Resignation: A member may retire from office by sending a letter to the speaker of the legislative assembly or the chairman of the legislative council. When the resignation is accepted, the position becomes vacant.
• Absence: If a member of the state legislature skips all of its meetings for a period of 60 days without permission, the house has the authority to declare his or her seat vacant.
Other Cases
1. If a judge rules that his election is invalid.
2. If the house expelled him out.
3. If he wins the presidential or vice presidential election.
4. If he is chosen to serve as a state's governor.
Conclusion
Given that it allows the State Assembly the opportunity to make the same decision, state legislature is regarded as one of the foundational elements of the Indian Constitution. Regarding the duties and varied authorities entrusted to the State Legislature, Part VI of the Constitution is extremely clear.