STATE LEGISLATURE

KALYANI BAPAT
[email protected]
 Legislative STATE
Governor
Assembly LEGISLATURE

Legislative
Council
LEGISLATIVE ASSEMBLY (VIDHAN SABHA)
• STRENGTH of LA – directly elected – maximum
strength fixed at 500 and minimum at 60
• Arunachal Pradesh, Sikkim, Goa – minimum 30
• Mizoram, Nagaland – minimum 40 & 46 resp.
• Total no. of seats in assembly of each state –
based on 1971 census
• Division of state into territorial constituency –
based on 2001 census
• Reservation of seats for SC & ST – would be
based on the population of the State
ARTICLE 169 - CREATION AND ABOLITION
OF LEGISLATIVE COUNCIL

• The Parliament can abolish a Legislative Council (where it already exists) or create it (where
it does not exist) by a simple majority, that is, a majority of the members of each House present and
voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to
that effect.
• Special majority implies
• 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.
 LEGISLATIVE COUNCIL (VIDHAN PARISHAD)
ARTICLE 171
 Indirect elections
 STRENGTH – maximum is 1/3rd of the Legislative assembly – minimum 40
 Actual strength of the Council is fixed by Parliament – even though max-minimum ihas been
fixed by Constitution
 Manner of election –
o 1/3rd are elected by members of Local bodies in the State like Municipalities, District boards,
etc
o 1/12th are elected by graduates of 3 year standing and residing within the state for 3 yrs
o 1/12th are elected by teachers of 3 year standing in the state, not lower in standard than
Secondry School
o 1/3rd are elected by members of legis assembly of the state from amongst the persons who
are not members of the assembly
o The remaining are nominated by the GUV from amongst the persons who have special
knowledge (1/6th)
 5/6th of the total member of the LC are indirectly elected and 1/6th is nominated
 DURATION OF THE COUNCIL

Like Rajya Sabha, the

legis Council is a
continuing body
 Arguments Against
Role of Legislative Council: Legislative Council:

• It can ensure individuals who might not be • It can delay legislation, also it is considered a
cut out for the elections are able to contribute burden on the state budget.
to the legislative process (like artists,
• It can also be used to park leaders who have
scientists, etc).
not been able to win an election.
• It can keep an eye on hasty decisions taken
by the Legislative Assembly.
COMPARISON BETWEEN RAJYA SABHA & L. COUNCIL

LEGISLATIVE COUNCIL RAJYA SABHA

• IT is a permanent house at state It is a permanent house at State
level Level
• It can be created by 2/3rd majority It cannot be dissolved
of state assembly and passed by Vice President is the Chairperson of
simple majority in the Parliament RS and he is not the member of
• Chairman of LC is a member of LC Parliament/Rajya Sabha
 DAILY AFFAIRS OF THE PARLIAMENT/LEGISLATIVE ASSEMBLY

LEGISLATIVE
BUSINESS, HALF AN
ZERO HOUR (11-12 QUESTION HOUR (12-
BREAK (1-2 PM) HOUR DISCUSSION,
PM) 1 PM)
SHORT DURATION
DISCUSSION (2-6PM)

The Zero Hour is usually used to raise

matters that are urgent and cannot This is used by
wait for the notice period required parliamentarians to hold
under other procedures. the government
For raising matters during the Zero
Hour, MPs give notice before 10 am
accountable for its actions.
to the Chairman on the day of the Facts relating to policies,
sitting. The notice must state the etc. can be questioned and
subject they wish to raise in the Ministers are answerable
House. The Chairman decides
whether to allow the matter to be for their Ministry’s actions.
raised. Short notice questions too • Starred Question
are taken up during the Zero Hour. • Unstarred Question
Laying of Papers: During this time, various papers
such as annual reports of ministries, public sector • Short Notice Question
undertakings, government bodies, audit reports
by the CAG, government notifications, etc. are
also laid on the table of the House.
* QUESTIONS UNSTARRED QUESTIONS
 Ordinary Bill
* (Article 107,
Article 108

Money Bill
(Article 110 *
Financial Bill I &
* II (Article 117 [1],
Article 117[3])

Constitutional
Amendment Bill
(Article 368)
*
 ARTICLE 110
ARTICLE 117
a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of (1) A Bill or amendment making provision
the following matters, namely :— for any of the matters specified in sub-
clauses (a) to (f) of clause (1) of article 110
(a) the imposition, abolition, remission, alteration or regulation of any tax; shall not be introduced or moved except on
the recommendation of the President and a
(b) the regulation of the borrowing of money or the giving of any guarantee by the Bill making such provision shall not be
Government of India, or the amendment of the law with respect to any financial obligations introduced in the Council of States:
undertaken or to be undertaken by the Government of India;
Provided that no recommendation shall be
(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of required under this clause for the moving of
moneys into or the withdrawal of moneys from any such Fund; an amendment making provision for the
reduction or abolition of any tax.
(d) the appropriation of moneys out of the Consolidated Fund of India;
(2) A Bill or amendment shall not be
(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of
deemed to make provision for any of the
India or the increasing of the amount of any such expenditure;
matters aforesaid by reason only that it
(f) the receipt of money on account of the Consolidated Fund of India or the public account of provides for the imposition of fines or other
India or the custody or issue of such money or the audit of the accounts of the Union or of a pecuniary penalties, or for the demand or
State; or payment of fees for licences or fees for
services rendered, or by reason that it
(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f). provides for the imposition, abolition,
remission, alteration or regulation of any
(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the tax by any local authority or body for local
imposition of fines or other pecuniary penalties, or for the demand or payment of fees for purposes.
licences or fees for services rendered, or by reason that it provides for the imposition, abolition,
remission, alteration or regulation of any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into
operation, would involve expenditure from
(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the
House of the People thereon shall be final. the Consolidated Fund of India shall not be
passed by either House of Parliament
(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States unless the President has recommended to
under article 109, and when it is presented to the President for assent under article 111, the that House the consideration of the Bill.
certificate of the Speaker of the House of the People signed by him that it is a Money Bill.
 These are the most critical and integral This fund was established by the The Public Account of India keeps track of flows
Consolidated Fund of India

Public Accounts of India

Contingency Fund of India
part of the Indian economic and legislature to address unexpected for transactions in which the government only
serves as a banker. This fund was established in
financial system. Such an account emergencies.
accordance with Article 266 (2) of the
relates to the tax management, It is at the president's disposal. Money Constitution. The government does not own this
payment and associated can be issued pending parliamentary money. Moreover, parliamentary authorization
implementation in the growth and approval. for payments from the Public Account is
therefore not required
development of the country. In the The finance secretary is in charge of it,
constitution of India, the mention of and it is run by executive order. The
the consolidated funds of India is * Small saving deposits – These include National
Secretary of the Finance Ministry Savings certificate, Sukanya Samridhi Yojana,
present in Article 266 (1). manages this money on behalf of the etc.
President of India. *Provident fund deposits – These include public
The Consolidated Fund of India is
The provision for this fund is contained provident funds deposited by individual people.
divided into five parts namely:
in Article 267(1) of the Indian *Suspense and Miscellaneous – These are
 Revenue account (receipts) Constitution. temporary accounts to which transactions are
posted before they are classified as permanent
 Revenue account (disbursements) It has a corpus of Rs 500 crores. It is in transactions..
 Capital account (receipts) the form of an imprest (money *Deposits and advances – These transactions
maintained for a specific purpose). are those where the government is liable to
 Capital account (disbursements) This fund is meant to cover unexpected return money or has a claim to collect money.
 Disbursements charged on the or unforeseen expenses. *Remittances – Money sent to pay for
something is referred to as remittance.
Consolidated Fund. Article 267(2) allows each state to create Remittances account for a significant
No money from this fund can be its own contingency fund of state. component of India’s GDP.
allocated (issued or drawn) unless a
parliamentary statute authorizes it.
 Finance Bill (Art. 117)
Money Bill (Article 110)
Financial bill (I) (Article 117(1)) Financial bill (II) (Article 117(3))

The President's recommendation is The President's recommendation is The President's approval is not required
required to introduce this bill. required to introduce this bill. to introduce this bill.

The Rajya Sabha does not have the

Rajya Sabha has the authority to amend Rajya Sabha has the authority to amend
authority to amend or reject the Money
or reject bills. or reject bills.
Bill.
This Bill does not require the Speaker's This Bill does not require the Speaker's
The Speaker of the Lok Sabha determines
approval to be classified as a Financial approval to be classified as a Financial
whether a bill is a money bill or not.
Bill-I. Bill-(II).
Money Bill can be introduced only in Lok It can only be introduced in the Lok It can be introduced in both the Lok
Sabha Sabha. Sabha and the Rajya Sabha.
To resolve the deadlock over Financial To resolve the deadlock over Financial
There is no provision for a joint sitting of
Bill-I, the President can call a joint sitting Bill-II, the President can call a joint sitting
the Lok Sabha and Rajya Sabha to break
of both the Lok Sabha and the Rajya of both the Lok Sabha and the Rajya
the deadlock on the Money Bill.
Sabha. Sabha.
Article 110 does not apply to Finance Bill-
Finance Bill-I covers not only the
The Money Bill solely addresses the II, which deals with provisions for
provisions of Article 110, but also other
provisions of Article 110. expenditure from the Consolidated Fund
general legislative issues.
of India.
It is a Government Bill It is an Ordinary bill It is an Ordinary bill
THEN WHAT IS A BUDGET????
 LAW MAKING PROCESS
A minister or a member introduces the bill in either house of the Parliament. He asks for leave before introducing the bill. He reads the title and objective of the bill.
After the introduction, the bill is published in the Gazette of India
First Reading Note:
1.No discussion on the bill takes place in this stage
2.If the bill is published in the Indian Gazette before its introduction, the minister/member does not have to ask for leave
Stage of General Discussion- Four actions can be taken by the house on the bill:
1.It may take the bill into consideration immediately or on some other fixed date
2.It may refer the bill to a select committee of the House
3.It may refer the bill to a joint committee of the two Houses
4.It may circulate the bill to elicit public opinion
Note:
1.Select Committee- Has members of the house where the bill is introduced
2.Joint Committee- Has members from both the houses
Second Reading Committee Stage:
1.Select Committee examines the bill thoroughly and in detail, clause by clause.
2.It can also amend its provisions, but without altering the principles underlying it.
3.After completing the scrutiny and discussion, the committee reports the bill back to the House.
Consideration Stage:
1.The House, after receiving the bill from the select committee, considers the provisions of the Bill clause by clause.
2.Each clause is discussed and voted upon separately.
3.The members can also move amendments and if accepted, they become part of the bill.
One of the two actions take place:
1.Acceptance of the Bill (If the majority of members present and voting accept the bill, the bill is regarded as passed by the House)
2.Rejection of the Bill
Third Reading Note:
1.No amendments to the bill are allowed
2.A bill is deemed to have been passed by the Parliament only when both the Houses have agreed to it, either with or without amendments.
The first three stages are repeated here i.e.:
1.First Reading
2.Second Reading
3.Third Reading
The second house can take one of the four actions:
Bill in the Second 1.It may pass the bill as sent by the first house (ie, without amendments)
2.It may pass the bill with amendments and return it to the first House for reconsideration
House 3.It may reject the bill altogether
4.It may not take any action and thus keep the bill pending
Note:
1.The bill is deemed to have been passed if both the houses accept the bill and the amendments
2.If the second house takes no action for 6 months, a deadlock appears which is acted upon through a joint sitting (summoned by President) of both the houses
One of the three actions can be taken by him:
Assent of the 1.May give his assent to the bill (The bill becomes an act and is placed on statute book)
2.May withhold his assent to the bill (The bill ends and does not become an act)
President 3.May return the bill for reconsideration (The houses can/cannot make amendments and send it back to the President after which he has to give assent)
Note: President only enjoys ‘Suspensive Veto.’
 Calling
Attention
Motion

No
Privilege
Confidence
motion
motion

Policy Cut TYPES OF

Economy
Cut motion
MOTIONS
Token Cut Censure
Cut motions
motion motion

Adjournment
motion
RULES OF BUSINESS – ART 77

• 1) All executive action of the Government of India shall be

expressed to be taken in the name of the President.

• (2) Orders and other instruments made and executed in the

name of the President shall be authenticated in such
manner as may be specified in rules 1to be made by the
President, and the validity of an order or instrument which is
so authenticated shall not be called in question on the
ground that it is not an order or instrument made or
executed by the President.

• (3) The President shall make rules for the more convenient
transaction of the business of the Government of India, and
for the allocation among Ministers of the said business.
 CHIEF ELECTION COMMISSIONER V. JAN CHAUKIDAR [2013]
• In 2004, a Public Interest Petition was filed in Patna High Court, by Jan Chaukidar, an NGO, in wake of several malpractices in elections
reported in Bihar. The Patna High Court in its ruling debarred all those people who are in lawful police custody and serving jail terms, from
voting, or contesting election for parliament or state assemblies, even if they are enrolled as voters
• The Hon’ble High Court ruled that the qualification for membership of the House of People, under section 4(d) of Representation of People
Act, requires that a candidate has to be an elector. An elector is a person, who is legally entitled to vote. However, under section 62(5) of
Representation of People Act, lays down that right to vote is not available to a prisoner, except a person under preventive detention. Thus, all
prisoners who are not under preventive detention can neither vote nor can they contest elections.
• This verdict was challenged by Chief Election Commissioner and others in the Supreme Court.
• HELD : upheld the verdict of Patna High Court. It was pointed out that section 62(5), clearly lays down that any person, who is under the
lawful custody of the police, or under the sentence of imprisonment or transportation or otherwise, is not allowed to vote, and since the
person does not qualify as an elector, he cannot stand as a candidate for election to the House. The Hon’ble Supreme Court further clarified
that this does not apply to people who are held under preventive detention.
• The ruling was followed by a quick reaction by the legislature :
• Representation of People (Amendment and Validation Act) 2013 was passed within three months. The bill received the President’s assent on 23rd September
2013. It amended section 7, 62 and 43 of the 1951 Act. The major amendment by this act was that of section 62, which is

• In Section 62 of the Principal Act, after the proviso to sub-section (5), the following proviso shall be inserted, namely:—

• “Provided further that by reason of the prohibition to vote under this subsection, a person whose name has been entered in the electoral roll shall not
cease to be an elector.”

• Section 4 of the amendment introduces the retrospective effect. It made the act to be applicable from 10th of July, thus totally nullifying the Supreme
Court’s ruling.

• Hence, in the present day, a person is entitled to vote as well as stand for election as long as his name is in the electoral roll.
• https://www.lawctopus.com/academike/jan-chaukidar-corrective-step-nullified/
 JAYA BACCHAN V. UNION OF INDIA [2006]
• The court held that the Chairperson of the Film Development Council of a state holds an office of
profit as some pecuniary gain is receivable by virtue of the post even though the said pecuniary gain
may not actually be received. Here, the petitioner has sanctioned the rank of Cabinet Minister and
received a monthly honorarium, daily allowances, free accommodation, staff car, medical treatment
etc.

• The petitioner, however, neither received any payment nor did she use any facilities that she was
entitled to as the Chairperson. However, since the post was capable of yielding profit to the
petitioner, she held an office of profit. Two factors which emerged, in this case, were: a) the form of
payment is not relevant as monetary gain may be merely disguised as an honorarium; b) it is not
relevant whether any remuneration was actually received, it is only enough if such remuneration was
receivable.
• The Supreme Court in Jaya Bachchan case, held that “payment of honorarium, in addition to daily
allowances in the nature of compensatory allowances, rent-free accommodation and chauffeur driven
car at State expense, are clearly in the nature of remuneration and a source of pecuniary gain and
hence constitute profit”.
• Ms. Jaya Bachchan had been disqualified under Article 102(1)(a) of the Constitution for holding the
office of Chairperson of the U.P. Film Development Council on ground that the same was an “office of
profit” under the Government of Uttar Pradesh.
XTH SCHEDULE – ANTI DEFECTION LAW
• ‘Defection’ has been defined as, “To abandon a position or
association, often to join an opposing group”.
• The 10th Schedule of the Indian Constitution popularly referred to
as the ‘Anti-Defection Law’ was inserted by the 52nd Amendment
(1985) to the Constitution.
• The anti-defection law was enacted to ensure that a party
member does not violate the mandate of the party and in case he
does so, he will lose his membership of the House.
• The law applies to both Parliament and state assemblies.
• The Anti-Defection Law aims to prevent MPs from switching
political parties for any personal motive.
GROUNDS FOR DISQUALIFICATION:
• If an elected member gives up his membership of a political party voluntarily.
• If he votes or abstains from voting in the House, contrary to any direction issued by his political party.
• If any member who is independently elected joins any party.
• If any nominated member joins any political party after the end of 6 months.
• The decision on disqualification questions on the ground of defection is referred to the Speaker or the
Chairman of the House, and his/her decision is final.
• All proceedings in relation to disqualification under this Schedule are considered to be proceedings in
Parliament or the Legislature of a state as is the case.
• EXCEPTIONS UNDER THE ANTI DEFECTION LAW
• In the situation where two-thirds of the legislators of a political party decide to merge into another
party, neither the members who decide to join nor the ones who stay with the original party will face
disqualification.
(i) the members must have become members of the party they have merged with/into, or
(ii) they should have not accepted the merger and choose to function as a separate group.

• Any person elected as chairman or speaker can resign from his party, and rejoin the party if he demits
that post.
 DECIDING AUTHORITY??? IN XTH SCHEDULE
 Any question regarding disqualification arising out of defection is to be decided by the presiding
officer of the House.

 Originally, the Act provided that the presiding officer’s decision was final and could not be questioned in
any court of law. But, in Kihoto Hollohan case (1992), the Supreme Court declared this provision as
unconstitutional on the ground that it seeks to take away the jurisdiction of the SC and the high
courts.
 The court held that while deciding a question under the 10th Schedule, the presiding officer should
function as a tribunal.
 Hence, his/her decision (like that of any other tribunal) was subject to judicial review on the grounds of
malafides, perversity, etc. But, the court rejected the argument that the vesting of adjudicatory powers
in the presiding officer is by itself invalid on the ground of political bias.
 However, it held that there might not be any judicial intervention until the Presiding Officer gives his
order.
 Eg : 2015 - when the Hyderabad High Court declined to intervene after hearing a petition which alleged
that there had been a delay by the Telangana Assembly Speaker in taking action against a member
under the anti-defection law.
 KIHOTO HOLLOHON V. ZACHILLU - CONSTITUTIONAL
CHALLENGE TO ANTI-DEFECTION LAW WAS SETTLED

• The law dealing with powers of the Speaker and disqualification of lawmakers in deciding such matters became part of
constitution in 1985 with the adoption of Tenth Schedule or ‘anti-defection law’.
• Main question before the Supreme Court was whether powerful role provided to Speaker violated doctrine of basic structure.
• POWER OF SPEAKER UNDER THE TENTH SCHEDULE
Tenth Schedule also provides for sweeping discretionary powers of Speaker. It states, if a member of a House become subject to
disqualification, question will be referred for decision of the Chairman or Speaker of such House. In this regard, decision of the
Speaker shall be final.

• SUPREME COURT RULING IN ‘KIHOTO HOLLOHAN’ CASE

In the ‘Kihoto Hollohan case’ discretionary powers of Speakers were challenged, citing reasonable likelihood of bias. Supreme court
maintained that, Speakers or Chairmen hold a pivotal position in Parliamentary democracy scheme. They are the guardians of
rights and privileges of the House. They can take far reaching decisions in Parliamentary democracy.
 J. MARKANDEYA KATJU V. ANDHRA PRADESH
•On 10.03.2015, the petitioner, a former Judge of this Court published a post on his Facebook Page in
respect of Mahatma Gandhi, Father of the Nation. The post was entitled “Gandhi – A British Agent” and
stated that Mahatma Gandhi did great harm to India. On the same date, another post was published by the
petitioner on his Facebook Page in respect of Netaji Subhash Chandra Bose referring to him as an agent
of Japanese fascism.
•The learned counsel for the petitioner submitted that the petitioner merely exercised his right to freedom of
speech and expression under Article 19(1) (a) of the Indian Constitution and the Parliament should not pass
resolutions condemning the exercise of such free speech. He further submitted that it is not open to
Parliament to condemn the petitioner and his remarks as doing such an act is not in aid of functioning of
Parliament.
•There is complete freedom of speech in the Houses as guaranteed by Article 105 of the Constitution of
India.
•The court observed that it is axiomatic for the free functioning of Houses of
Parliament or Legislatures of State that the representatives of people must be free
to discuss and debate any issues or questions concerning general public interest.
It is entirely left to the discretion of the Presiding Officer to permit discussion so
long as it is within the confines of Rules of Procedure.
•In the context of such remarks from a person of the stature of the petitioner, which were
put in public domain, if both Houses thought it fit to pass resolutions in the form of a
declaration, it was certainly within their competence. The nature of remarks regarding
Mahatma Gandhi and Netaji Subhash Chandra Bose pertain to general public interest and
as such the Houses were certainly within their jurisdiction to pass resolutions.
PT. MSM SHARMA V. SHRI KRISHNA SINHA [1959]

• M. S. M. Sharma was a journalist and the editor of “Searchlight”—one of the well-known English daily
newspapers having a wide circulation in Bihar. Respondent Krishna Sinha was the “Chief Minister of Bihar and
the Chairman of the Privileges Committee of the Bihar Legislative Assembly.”
• Maheshwar Prasad Narayan Sinha, a member of the Bihar Legislative Assembly delivered a speech on the floor
of the Assembly described as “one of the bitterest attacks against the way the Chief Minister was conducting
the administration of the State.” He alleged that Mahesh Prasad Sinha guided the Chief Minister in the
selection of Ministers and the transfer of public servants, and he also alleged several instances of
encouragement of corruption by the Government
• Part of his speech were expunged
• a notice was served to the Petitioner calling upon him to show cause establishing “why appropriate action
should not be recommended against him for breach of privilege of the Speaker and the Assembly in respect of
the offending publication
• The Petitioner filed a writ petition under Article 32 of the Constitution in the Supreme Court of India
contending that the said notice and the proposed action of the Privileges Committee violated his fundamental
right to freedom of speech and expression under Article 19(1)(a) and the protection of his personal liberty
under Article 21 of the Constitution of India
• HELD THAT - the court directed that according to Article 194 clause (3) of the Indian constitution, the state
assembly of Bihar had equivalent privileges, powers, and immunities as compared to the house of common at
the dawn of the constitution. Consequently, the assembly possessed the power to interdict the applicant from
publishing any portion of proceedings that was by order of the speaker, to be obliterated
THANK YOU