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Restrictions on the Powers of State Legislatures, Privileges of State Legislatures

Restrictions on the Powers of State Legislatures

  • The following restrictions have been imposed on the State Legislatures in the Constitution –

  • Legislatures of states cannot legislate on certain subjects in the State List without the prior approval of the President.

  • Laws related to some subjects are sent by the Governor of the State for the President's approval regarding the law made by the State Legislature, those laws are enforceable only after the approval of the President.

  • In emergency situations, the Parliament is also free to make laws on the subjects of the State List.

  • By passing a resolution with a two-thirds majority, the Rajya Sabha can hand over any subject of the State List to the Parliament for law-making. On such a subject, the Parliament can make a law for one year and this period can also be increased.

  • In the event of failure of the constitutional system in the state for any reason, the President can dissolve the assembly of the said state so that new elections can be held there.

Privileges of the State Legislature

  • The privileges of the State Legislature under Article 194 are the sum of the special rights, immunities and exemptions available to the Houses of the State Legislature, its members and its committees. This right is essential to ensure the independence and effectiveness of these proceedings.

  • The special rights of the State Legislature in the Constitution have also been extended to those persons who are authorized to speak and make speeches in the proceedings of the House of the State Legislature or any of its committees, such as - Advocate General, Minister of State.

  • The privileges of the State Legislature are not available to the Governor. The privileges of the State Legislature can be divided into two main categories.

Collective privilege

Collective privileges are as follows –

  1. It can exclude strangers from its proceedings and hold secret meetings in some important matters.

  2. It has the right to receive immediate information regarding the apprehension, arrest, conviction, imprisonment and release of a member.

  3. The Court cannot inquire into the Assembly or its committees.

  4. It may regulate its own rules of procedure and conduct of business and take decisions on such matters.

  5. This censure may punish outsiders including members by reprimand or imprisonment for violation of special rights or contempt of the assembly.

Personal privilege

The personal privileges are as follows

  1. He has the freedom of speech in the State Legislature. The opinion or vote given by a member in any proceedings or committee cannot be challenged in any court. This freedom is subject to the provisions of the Constitution and the rules and standing orders for regulating the procedure of the State Legislature. is |

  2. Members cannot be arrested for 40 days before and 40 days after they are allowed to run the house. This exemption is only in civil cases and not in criminal or prohibited prohibition cases.

  3. They are exempted from judicial services. Can refuse to give evidence or appear as a witness in any matters when the House is in progress.

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