STATE LEGISLATURE ( INDIAN POLITY)
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
Organisation of State Legislature
·
no uniformity in the organisation of state legislatures
·
Most of the states have
an unicameral system, while others have a
bicameral system.
·
At present
(2015), only seven states have two Houses
(bicameral). These are Andhra Pradesh,
Uttar Pradesh, Bihar, Maharashtra,
Karnataka , Jammu and
Kashmir and Telangana
·
The twenty-four 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 (first chamber or popular house).
Abolition or creation of legislative councils in states
·
Parliament can abolish
a legislative council (where it
already exists) or create it
(where it does not exist),
if the legislative assembly of the
concerned state passes a resolution to that
effect.
·
a specific resolution must be passed by the state assembly 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 Assembly Strength- The legislative assembly-
·
directly elected by the people
on the basis of universal adult franchise.
·
maximum strength is fixed at 500 and minimum
strength at 60, 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,
·
some members of the legislative assemblies in Sikkim and Nagaland are also elected
indirectly
Nominated Member
·
governor nominate one member
from the Anglo-Indian community,
·
Originally, this provision was to operate
for ten years (ie, upto 1960).
But this
duration has been extended continuously since then by 10 years each time.
·
Now, under the 95th Amendment
Act of 2009, this is to last until 2020,
Territorial Constituencies
·
The demarcation
of constituencies is done in such
a manner that the
ratio between the population
of each constituency and the number of seats allotted
to it is the same throughout
the state.
·
In other words, the Constitution ensures that there is uniformity
of representation between different constituencies
in the state.
·
The expression
‗population‘ means, the population as ascertained at the last preceding census of which the relevant
figures have been published
Readjustment after each census
·
a readjustment is to be made in the (a) total number
of seats in the assembly of each state and (b) the division of each state into
territorial constituencies. The Parliament is empowered to determine the
authority and the manner in which it isto be
made.
·
Accordingly, Parliament has enacted the Delimitation
Commission Acts in 1952, 1962, 1972 and 2002 for this purpose.
·
The 42nd Amendment Act of 1976 had frozen total number
of seats in the assembly of each state and the division of such state into
territorial constituencies till the year 2000 at the 1971 level.
·
This ban on readjustment has been extended for another
25 years (ie, upto year 2026) by the 84th Amendment Act of 2001 with the same
objective of encouraging population limiting
measures.
·
The 84th Amendment Act of 2001 also empowered the
government to undertake readjustment and rationalisation of territorial
constituencies in a state on the basis of the population figures of 1991 census.
·
Later, the 87th Amendment Act of 2003 provided for the
delimitation of constituencies on the basis of 2001 census and not 1991 census.
However, this can be done without altering the total number of seats in the
assembly of each state
Reservation of seats for SCs and STs
·
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
Composition of Council Strength-
·
members of the legislative
council are indirectly elected
·
maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength
is fixed at 40
·
the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament
Manner of Election
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 thestate,
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.
6.
Thus, 5/6 of the total number
of members of a legislative council are indirectly elected and 1/6 are nominated by the governor.
7.
by means of a single transferable vote
Duration of Two Houses
Duration of Assembly
·
normal term is five years
·
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
·
the term of the assembly can be extended during the period of national emergency by
a law of Parliament for one year
at a time (for any length of
time)
·
cannot continue beyond
a period of six
months after the emergency has ceased to operate
Duration of Council
·
it is a permanent body and is not
subject to dissolution
·
one-third of its members retire
on the expiration of every second year
·
a member continues as such for six years
·
vacant seats are filled up by fresh elections and nominations (by governor) at the beginning of every third year.
·
retiring members are also
eligible for re-election and re-nomination
any number of times
Membership of State Legislature
·
Qualifications- a citizen
of India, 30 years of age for legislative council, 25 years of age for the legislative assembly
·
a member of scheduled castes
or scheduled tribes can also contest a
seat not reserved for them
Disqualifications-
·
holds any office of
profit under the Union or state government, unsound mind, insolvent, not a citizen of India or has
voluntarily acquired the citizenship of a foreign state, disqualified under any law made by Parliament
·
the governor‘s decision is final on disqualification is final
Disqualification on Ground of Defection-
·
a person shall be
disqualified for being a member of either House of state legislature if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule
·
The question of
disqualification under the Tenth Schedule
is decided by the Chairman, in the case of legislative
council and, Speaker, in the case
of legislative assembly (and not by the governor).
Oath or Affirmation- Common in nature
Vacation of Seats
(a)
Double
Membership: A person cannot be
a member of both Houses of state legislature at one and the same
time. If a person is elected to both
the Houses, his seat in one of
the Houses falls vacant as per the
provisions of a law made by the state legislature.
(b)
Disqualification:
If a member of the state
legislature becomes subject to any of the disqualifications, his seat becomes vacant.
(c)
Resignation:
A member may resign his seat by writing to the
Chairman of legislative council or
Speaker of legislative assembly, as the case may
be. The seat falls vacant
when the resignation is accepted11.
(d)
Absence: A House of the
state legislature can declare
the seat of a member vacant if he absents himself from all its meeting for a period of
sixty days without its permission.
(e)
Other Cases: A member has to vacate his seat in the either
House of state legislature,
(i)
if his election is declared void by thecourt if he is expelled by the House,
(ii)
if he is elected to the
office of president or office of vice-president, and
(iii) if he is appointed to the office
of governor of a state
Presiding Officers of State Legislature
·
Speaker and a Deputy Speaker for the legislative assembly and Chairman
and a Deputy Chairman for the legislative council
Speaker of Assembly
·
elected by the assembly
itself from amongst its members
·
vacates his office earlier
in any of the following three cases:
1.
if he ceases to be a member
of the assembly;
2.
if he resigns
by writing to the deputy speaker;
and
3.
if he is removed by a resolution passed by a
majority of all the then members of the assembly. Such a resolution can be moved only after giving 14 days advancenotice
Powers and duties
·
maintains order and decorum
in the assembly
·
final interpreter of the
provisions of (a) the Constitution of
India, (b) the rules of procedure and
conduct of business of assembly, and
(c) the legislative precedents
·
adjourns the assembly or suspends
the meeting in the absence of a quorum
·
does not vote in the first
instance. But, he can exercise a casting vote in the case of a
tie
·
can allow a ‗secret‘ sitting of the House at the request
of the leader of the House
·
decides whether a bill is a Money
Bill or not and his decision
on this question is final
·
appoints the chairmen of all the committees
of the assembly and supervises
their functioning
·
himself is the chairman of the Business
Advisory Committee, the Rules
Committee and the General Purpose
Committee
Deputy Speaker of Assembly
·
also elected by the assembly
itself from amongst its members, remaining part is same as
like speaker.
Chairman of Council
·
elected by the council itself from amongst its members
·
vacates-same like Speaker
·
powers and duties is also like speaker
·
the Speaker has one special power which is not enjoyed by the Chairman.
ü The Speaker decides whether a
bill is a Money Bill or not and his decision on this question is final which is not done by the chairman of the council.
Deputy Chairman of Council
ü
also elected by the assembly
itself from amongst its members, remaining part is same as like
deputy speaker
Sessions of State Legislature Summoning
ü
maximum gap between the two sessions of state legislature cannot be more than six
months
Adjournment
ü
suspends the work in a sitting
for a specified time which
may
be hours, days or weeks
ü Adjournment sine die means terminating a sitting of the state legislature
for an indefinte period. The power of the adjournment as well as adjournment
sine die lies with the presiding officer of the House
Prorogation
ü
The presiding officer (Speaker or Chairman) declares the House adjourned sine
die, when the business of the session is completed. Within the
next few days, the governor
issues a notification for prorogation
of the session
ü
a prorogation terminates a
session of the House
Dissolution
ü
The legislative council, being a permanent house, is not subject to dissolution. Only the legislative assembly is subject to dissolution
The position with respect to lapsing of
bills on the dissolution of the assembly is mentioned below:
1.
A Bill pending in the assembly
lapses (whether originating in the assembly or transmitted to it by the council).
2.
A Bill passed by the assembly
but pending in the councillapses.
3.
A Bill pending in the council but not passed by the assembly does notlapse.
4.
A Bill passed by the
assembly (in a unicameral state) or passed by both the houses (in a bicameral state) but pending assent of
the governor or the President does not lapse.
5.
A Bill passed by the
assembly (in a unicameral state) or passed by both the Houses
(in a bicameral state) but
returned by the president for reconsideration of House (s)
does not lapse
Quorum
ü
the minimum number of members required to be present in the House before it can transact any business.
ü It is ten members or one-tenth of the total number of members
of the House (including
the presiding officer),
whichever is greater
Language in State Legislature
ü The Constitution has declared the official
language(s) of the state or Hindi or English,
to be the languages for transacting business in the state legislature
ü The state legislature is authorised to decide whether to continue
or discontinue English as a floor language after the completion of fifteen years from the commencement of the Constitution (i.e.,
from 1965). In case of Himachal
Pradesh, Manipur, Meghalaya and Tripura, this time limit is twenty-five years
and that
of Arunachal Pradesh, Goa and Mizoram,
it is forty years.
Rights of Ministers and Advocate General
ü every minister
and the advocate general of the
state have the right to speak and take part in the proceedings of either House
or any of its committees of
which he is named a member, without being entitled to vote. There are
two reasons underlying this constitutional provision:
1.
A minister can participate in the proceedings of a
House, of which he is not a member.
2.
A minister, who is not a member
of either House, can
participate in the proceedings of both the Houses
Legislative Procedure in State Legislature Ordinary Bills
Bill in the
Originating House-
ü
can originate in either House
of the state legislature (in case of a bicameral legislature),
ü can be introduced either by a minister or by anyother member, passes
through three stages in the originating
House
1.
First reading,
2.
Second reading, and
3.
Third reading
ü
After the bill is passed by the
originating House, it is transmitted to the second House for
consideration and passage.
ü A bill is deemed to
have been passed by the state
legislature only when both the Houses have agreed to it, either with or
without amendments.
ü
In case of a unicameral
legislature, a bill passed by the legislative assembly is sent directly to the governor for
his assent
Bill in the Second House-same three reading
ü
the ultimate power of passing an ordinary
bill is vested in the assembly, the
council can detain or delay the bill for
a period of four months—three months in the first instance
and one month in the
second instance.
ü when a bill, which has originated in the council
and was sent to the
assembly, is rejected by the assembly,
the bill ends and becomes dead
Assent of the Governor-
·
after it is passed by the
assembly or by both the Houses in
case of a bicameral legislature, is presented to
the governor for his assent
four alternatives
1.
he may give his assent to the bill;
2.
he may withhold his assent to the bill;
3.
he may return the bill for reconsideration of the House or Houses; and
4.
he may reserve the bill for the consideration
of the President.
·
If the governor
gives his
assent to the bill, the bill becomes an Act and is placed on the Statute
Book.
·
If the governor withholds his assent to the bill, the bill ends and does not become an Act.
· If the governor
returns the bill for reconsideration and if
the bill is passed by the House or both the Houses again, with or without amendments, and presented to the governor for his
assent, the governor must
give his assent to the bill.
·
the governor enjoys
only a suspensive
veto
Assent of the President-
·
When a bill
is reserved by the governor
for the consideration of the President, the President may either give his assent to the bill
or withhold his assent to the bill
or return the bill for reconsideration
of the House or Houses of the state legislature.
·
When a bill is so returned,
the House or Houses have to
reconsider it within a period of six months.
The bill is presented again to the
presidential assent after it is passed by the House or Houses with or without amendments.
·
It is not mentioned in the Constitution whether it is obligatory on the part of the pres- ident to give his
assent to such a bill or not
Money Bill
·
Money Bill cannot be
introduced in the legislative council
·
can be introduced in the legislative assembly only and that
too on the recommendation of the governor
·
After a Money Bill
is passed by the legislative assembly, it is transmitted to the legislative council for its
consideration.
·
The legislative council
has restricted powers with
regard to a Money Bill. It cannot reject or amend a Money Bill.
·
It can only make recommendations and must return the bill to the legislative assembly within 14 days.
·
The legislative assembly can either accept or reject all or any of the
recommendations of the legislative
council
·
If the legislative council does not return the bill to
the legislative assembly
within 14 days, the bill is deemed to have been passed by both Houses at the expiry of the said
period in the form originally passed
by the legislative assembly.
·
Thus, the legislative assembly has more powers than legislative
council with regard to a money
bill.
·
At the most, the legislative council can detain or delay a money bill for a period of 14 days
·
when a Money Bill is
presented to the governor, he may either
give his assent, withhold his assent or reserve the bill for presidential
assent but cannot return the bill for
reconsideration of the state legislature.
·
Normally, the governor gives his assent to a
money bill as it is introduced in the state legislature
with his prior permission, same as like assent of president.
Parliament
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State Legislature
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A. With
Regard to Ordinary Bills
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1. It can be introduced in either House of the Parliament.
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1.
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It can be introduced in either House of the
state legislature.
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2.
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It can be introduced either by a
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2.
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It can be introduced either by a minister or by
private member.
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minister or
by a private member.
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3. It passes through first reading, second reading and third reading in
the originating House.
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3. It passes through first reading, second reading and third reading
in the orginating House.
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4. It is deemed to have been passed by the Parliament only when both the Houses
have agreed to it, either
with or without
amendments.
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4. It is deemed to have been passed by the state legislature only when
both the Houses have agreed to it, either with or without amendments.
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5. A deadlock between
the two Houses takes place when the second House, after receiving
a bill passed by the first
House, rejects the bill or
proposes amendments that are
not acceptable to the first
House or does
not pass
the bill within six months.
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5. A deadlock between
the two Houses takes place when the legislative
council, after receiving a bill passed by the legislative assembly, rejects the bill or proposes amendments that
are not acceptable to the legislative
assembly or does not
pass the bill within
three months.
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6. The Constitution
provides for the mechanism of joint sitting of two Houses of the Parliament to
resolve a deadlock between them over the
passage of
a bill.
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6. The Constitution
does not provide for the mechanism of joint sitting of two
Houses of the state legislature to resolve a deadlock between
them over the passage of a bill.
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7. The Lok Sabha cannot override the Rajya Sabha by passing the
bill for the
second time and vice versa. A joint sitting is the
only way to resolve a deadlock between the two
Houses.
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7. The legislative
assembly can override the legislative council by passing the bill
for the second time and not vice versa. When
a bill is passed by the assembly for the second time and transmitted to the legislative council, if the legislative
council rejects the bill
again, or porposes
amendments that are not acceptable
to the legislative assembly, or does not pass the bill within
one month, then the bill is
deemed to have been passed
by both the Houses in the form in
which it
was passed by the legislative assembly for the second
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8. The mechanism of joint sitting
for resolving a deadlock applies to a bill whether originating in the
Lok Sabha or the Rajya Sabha. If a joint sitting is
not summoned by the president,
the bill ends and becomes
dead.
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8. The mechanism of passing the bill
for the second time to resolve
a deadlock applies to a bill originating in the
legislative assembly only. When a bill, which has originated in the legislative
council and sent to the legislative
assembly, is rejected by the latter, the bill ends and becomes dead.
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B. With
Regard to Money Bills
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1. It can be introduced only in the Lok
Sabha and not in
the Rajya Sabha.
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1. It can be introduced
only in the
legislative assembly and not in the legislative council.
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2. It can be introduced only on the recommendation of the president.
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2. It can be introduced only on the recommendation of the governor.
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3. It can be introduced only by a minister and
not by a private member.
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3. It can be introduced
only by a minister and not by a private member.
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4. It cannot be rejected or amended by the Rajya Sabha. It should be returned
to the Lok Sabha within 14
days, either with or
without recommendations.
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4. It cannot be rejected or amended by the legislative council. It should be returned
to the legislative assembly within 14
days, either with or without amendments.
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5. The Lok Sabha can either accept or reject all or any
of the
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5. The legislative assembly can either accept or reject all or any of the recommendations
of the legislative council.
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recommendations of the Rajya Sabha.
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6. If the Lok Sabha accepts any recommendation, the bill is then deemed to have been pass-ed by both the Houses in the modified
form.
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6. If the legislative
assembly accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form.
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7. If the Lok Sabha does not accept any
recommendation, the bill
is then deemed to have been passed by both the
Houses in the form originally passed by the Lok Sabha without any change.
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7. If the legislative assembly does not accept any recommendation, the bill is
then deemed to have been
passed by both the Houses in the
form originally passed by the
legislative assembly without any change.
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8. If the Rajya Sabha
does not return the bill to the Lok
Sabha within 14 days, the bill is deemed to have been passed by both the Houses at the expiration
of the said period
in the form originally passed by the Lok Sabha.
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8. If the legislative
council does not
return the bill to the legislative assembly within 14 days, the bill is
deemed to have been passed
by both the Houses at the expiration of the said period
in the form originally passed by the legislative assembly.
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9. The Constitution
does not provide for the resolution of any deadlock between
the two Houses. This is
because, the will of the
Lok Sabha is made to prevail
over that of the Rajya
Sabha, if the
latter does not agree to the bill
passed by the former.
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9. The Constitution
does not provide for the resolution of any deadlock between
the two Houses. This is
because, the will of
the legislative assembly is made to prevail over
that of legislative council, if the latter does not agree to the bill
passed by the former.
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Even
though both the council and the Rajya
Sabha are second chambers, the
Constitution has given the council
much lesser importance than the Rajya Sabha due to the following
reasons
a.
The Rajya Sabha consists of the representatives of the states
and thus reflect the federal
element of the polity. It maintains the
federal equilibrium by protecting the
interests of the states against
the undue interference of the Centre. Therefore, it has to be
an effective revising body and not
just an advisory body or dilatory body like that ofthe council. On the
other hand, the issue of federal significance does not arise in the case
of a council.
b.
The council is heterogeneously
constituted. It represents different interests and consists of differently elected
members and also include some nominated
members. Its very
composition makes its position weak and reduces its utility as an effective revising
body. On the other hand, the
Rajya Sabha is homogeneously constituted. It represents only the
states and consists of mainly elected members (only
12 out of 250 arenominated).
c.
The position accorded to
the council is in accordance
with the principles of democracy. The council
should yield to the
assembly, which is a popular house. This
pattern of relationship between the two
Houses of the state legislature
is adopted from the British model. In
Britain, the House of Lords
(Upper House) cannot oppose and obstruct the House of
Commons (Lower House). The House
of Lords is only a dilatory chamber—it can delay an ordinary bill for a maximum
period of one year and
a money bill for
one month
Privileges of State LegislatureCollectivePrivileges
1.
the right to publish its reports, debates
and proceedings and also the
right to prohibit others from
publishing thesame.
2.
exclude strangers from its proceedings and hold secret sittings to discuss some important matters.
3.
make rules to regulate its own procedure and the
conduct of its business and
to adjudicate upon such matters.
4.
punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition or imprison-ment (also suspension or expulsion, in case ofmembers).
5.
the right to receive immediate in-formation of the arrest, detention, conviction, imprisonment and release
of a member.
6.
institute inquiries and order
the attendence of witnesses and send
for relevant papers and records.
7.
The courts are prohibited to inquire into the proceedings
of a House or its Committes.
8.
No person (either a member or outsider) can be arrested, and no legal process (civil or criminal)
can be served within the precincts of the House without the permission of the presiding officer.
Individual Privileges
1.
They cannot be arrested during the session of the state legislature and 40 days
before the beginning and
40 days after the end
of such session. This privilege is available only in civil cases and not in criminal cases or preventive detention
cases.
2.
They have freedom of speech in the state legislature. No member is liable to any proceedings in any court for anything
said or any vote given by him
in the state legis-lature or its committees.
This freedom is subject to the
provisions of the Constitution and to the rules and standing orders regulating
the procedure of the state legislature.
3.
They are exempted from
jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when the state legislature is in session.
Article No.
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Subject-matter
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General
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168.
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Constitution of Legislatures in states
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169.
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Abolition or creation of
Legislative Councils in states
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170.
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Composition of the Legislative Assemblies
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171.
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Composition of the Legislative Councils
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172.
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Duration of State Legislatures
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173.
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Qualification for membership of the State
Legislature
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174.
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Sessions of the State Legislature, prorogation and dissolution
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175.
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Right of Governor to address and send messages to the House or Houses
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176.
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Special address by the Governor
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177.
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Rights of Ministers and Advocate-General as
respects the Houses
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Officers of
the State Legislature
|
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178.
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The Speaker and Deputy Speaker of the Legislative
Assembly
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179.
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Vacation and resignation of, and removal from, the offices of Speaker
and Deputy Speaker
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180.
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Power of the Deputy Speaker or other person to perform the duties of
the office of, or to act as, Speaker
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181.
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The Speaker or the Deputy Speaker not to preside
while a resolution for his removal from office is
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182.
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The Chairman and Deputy Chairman of the Legislative Council
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183.
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Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman
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184.
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Power of the Deputy Chairman or other person to
perform the duties of the office of, or to act as,
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185.
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The Chairman or the Deputy Chairman not to preside while a resolution
for his removal from office is
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186.
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Salaries and allowances of the Speaker and Deputy Speaker and the
Chairman and Deputy Chairman
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187.
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Secretariat of State Legislature
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Conduct of
Business
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188.
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Oath or affirmation by members
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189.
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Voting in Houses, power of Houses to act notwithstanding vacancies
and quorum
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Disqualifications of Members
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190.
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Vacation of seats
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191.
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Disqualifications for membership
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192.
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Decision on questions as to disqualifications of members
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193.
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Penalty for sitting
and voting before making
oath or affirmation under Article
188 or when not qualified or when disqualified
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