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Qualification, Disqualification, Tenure, Salary and Allowances of Members of Legislative Assembly, C

Qualifications of the members of the Legislative Assembly

Under Article 173, the following qualifications have been prescribed for the member of the Legislative Assembly

  1. He should be a citizen of India.

  2. Must have completed 25 years of age.

  3. Should not have been declared a lunatic insolvent by any court.

  4. Should not be disqualified from the Legislative Assembly by virtue of any law made by Parliament.

Disqualifications of members

Membership can be terminated under Article 190

  1. If a member is elected a member of both Parliament and Legislative Assembly.

  2. Becomes a member of the Legislature of two states.

  3. remains absent from all its meetings for a period of 60 days without leave of the House, the House may declare his seat vacant, provided that the appropriate period of 60 days shall not include any period during which he is prorogued or for more than 4 consecutive days remains suspended.

Term of assembly

  1. Under Article 172 of the Constitution, the tenure of the State Legislative Assembly has been fixed for 5 years, even before this fixed time, the Governor can dissolve the Legislative Assembly.

  2. In case of emergency, the federal parliament can extend the term of a state assembly for a maximum of 1 year at a time by making a law.

  3. After the end of the state of emergency, when the extended period can remain in force only for 6 months.

Salary and Allowances of the Legislative Assembly

  • The members of the Legislative Council get the same salary and allowances as determined by the State Legislature Law.

Oath

  • While Members of Parliament take oath before the President or a person appointed by the President (Article 99), the members of the State Legislative Assembly take oath before the Governor or a person appointed by him. (Article 188))

Comparison of Parliament and State Legislature

  • The position of the Parliament and the State Legislature is the same in relation to the money bill, that is, the upper house can only give its recommendations regarding the bill, which can depend on the lower house to accept or not.

  • Ordinary Bills other than Money Bills can be initiated in either House of Parliament or State Legislature. If one House disagrees with the Bill passed by the Parliament or the other House does not return it within 6 months, then a joint meeting of both the Houses can be organized by the President for final discussion and voting on that Bill. The presence and voting members of both the Houses in such joint sitting The majority will be effective, after that the bill will be sent before the President for approval. (Article 108)

  • Ordinary Bills in the States can be reintroduced in either house of the Legislature. If the Bill is passed by the Legislative Assembly and the Legislative Council accepts the Bill or it is not passed within 3 months, the Assembly Bill is passed with other amendments. re-pass it with or without other amendments and re-send it there to the Legislative Council. [Article 197(1)]

  • If the Legislative Council rejects a Bill for the second time or proposes an amendment or does not pass the Bill within one month from the date of its being placed in the Council, the Bill shall be deemed to have been passed by both the Houses and shall be submitted to the Governor for approval. Will be presented before that means there is no arrangement for joint sitting in case of disagreement or deadlock in the State Legislature.

  • The provisions of the constitution are applicable only in relation to those legislators who initiate in the Legislative Assembly. If it rejects, the bill will lapse. The council cannot pass such a bill.


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