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State Legislature, creation and abolition of Legislative Council

State legislature

  1. The State Legislature has a central and effective role in the political system of the State. In the sixth part of the Constitution, from Articles 168 to 212, the organization, constitution, tenure, officers, powers and special rights etc. Similar, yet some difference is found in them.

  2. Article 168 provides that there shall be a Legislature for every State which shall be made up of the Governor and a House where there are two Houses, where there are two Houses the Upper House shall be called the Legislative Council and the Lower House shall be called the Legislative Assembly.

  3. Presently only 6 states have Legislative Council in Karnataka, Uttar Pradesh, Maharashtra, Bihar, Andhra Pradesh, Jammu and Kashmir.

Creation and abolition of the Legislative Council

  1. The following are the conditions for the creation and dissolution of the Legislative Council under Article 169.

  2. The Legislative Assembly of the concerned State should pass a resolution for the creation and abolition of the Legislative Council by a two-thirds majority.

  3. After that the Parliament should pass it with a simple majority.

  4. The final power to create and abolish the Legislative Council rests with the Parliament as per the constitutional provisions in the states which do not have a Legislative Council.

  5. There they can be created and abolished in the states where they exist, this can be done by a simple process without amending the constitution.

  6. Article 169 made a provision that each state, according to its wish, may or may not have a second chamber.

  7. Taking advantage of this provision, Andhra Pradesh created the Legislative Council in 1957 and abolished it in 1985.

  8. Man Legislative Council was abolished in West Bengal and Punjab in 1971. By passing the Andhra Pradesh Legislative Council Act 2000, the Legislative Council was re-created in Andhra Pradesh from November 1, 2006, later the Legislative Council was abolished in Tamil Nadu as well.

Utility of second chamber in the state

Arguments in favor

  1. Prevents the hasty desire of the assembly so that the assembly does not become arbitrary and the balance of power is maintained.

  2. The Legislative Council removes the shortcomings of the bill

  3. In this, people associated with science, literature, art, social service and cooperative work are also represented, so that the states get the benefit of their knowledge.

  4. The Legislative Council makes necessary delay in passing the bill. The advantage of this delay is that the public can consider its merits and demerits.

  5. There is no fear of harm from the Legislative Council because it does not have significant powers. If the lower house is determined to pass the bill, then the upper house cannot put any special obstruction and due to this, an ordinary bill can be delayed for 4 months and money bill for 14 days. can be stopped till

Arguments against

  • Many states of India are poor and cannot bear the expenses of the Legislative Council. The economic feast of the Legislative Council is met by taxing the people there, which has no special importance, while the bill comes from the lower house after thorough investigation. Is

  • It cannot pass a no-confidence motion against a minister. Ministers are also mostly elected to the lower house.

  • Its method of election is undemocratic

  • The Legislative Council is a dependent and useless house, it has very little authority or cannot control the lower house in any way.

Federal Legislature of India

  • Under the Indian Constitution, the Federal Legislature has been given the nomenclature of Parliament and this Parliament has been organized on the basis of bicameral principle.

Constitution of Indian Parliament

  1. According to Article 72 of the Constitution, there are three parts of the Indian Parliament – ​​the President, the Rajya Sabha and the Lok Sabha, that is, the Indian Parliament consists of the President and both the Houses.

  2. The Rajya Sabha is called the Upper House in which the representatives of the States and Union Territories are there.

  3. The Lok Sabha is called the lower house, in which the people directly elected by the public are represented.

  4. Although the President is not a member of either House of the Parliament, nor does he sit in the Parliament, yet the President is an integral part of the Parliament.

  5. Because a bill passed by both the Houses of the Parliament does not become a law until the President gives his assent to it.

  6. At the same time, the President also performs some of the selected functions of the Parliament; Like prorogation, dissolution of Lok Sabha, issuing ordinance etc.

  7. The Indian constitution is based on the British system instead of the US in the matter of parliamentary formation because the US President is not an important part of the legislature.

Reserved seats in parliament

Lok Sabha seats reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) before and after delimitation in 2008.

Speaker's term and election

  1. The tenure of Lok Sabha Speaker is from the first date of his Lok Sabha till the first sitting of the next Lok Sabha.

  2. In this way, even at the time of dissolution of the Lok Sabha, it conducts all the work related to the Lok Sabha.

  3. Members of Parliament take oath after the appointment of the Speaker Pro Tem by the President.

  4. After this, the permanent speaker is elected in the next program. The method of election is based on consent instead of competition.

  5. Therefore, the pro tem speaker first proposes a candidate before the house, if he gets the majority, then he becomes the speaker.

  6. If the first proposal does not get the majority of the House, then the Speaker Pro Tem puts the proposal of the second candidate before the House.

Motion to remove the speaker

  1. The Speaker of the Lok Sabha can be removed by the majority of the Lok Sabha or he can submit his resignation to the Deputy Speaker.

  2. The motion for the removal of the Speaker of the Lok Sabha is termed as the original motion. So far in Indian parliamentary history, motions for removal have been brought against only three Speakers who could not pass GV Malankar, Hukum Singh, Balram Jakhar.

  3. As long as the resolution for the removal of the Speaker is pending, the Speaker shall not preside, but he shall have the right to speak in the Lok Sabha and take part in its proceedings.

  4. He will also have the right to vote, but in case of equality of votes, he will not have the right to vote.

Vice president

  • Like the Speaker, the Lok Sabha also elects the Deputy Speaker.

  • The Deputy Speaker presides over the House in the absence of the Speaker.

  • The Vice President is the chairman of the Secretariat Budget Committee.

  • The Deputy Speaker also presides over the Committee on Private Member's Bills and Resolutions.

  • Apart from this, he also presides over the Library and Museum Committee.

  • The first Lok Sabha Deputy Speaker was Satchidananda Sinha (1921), but after independence, the first Deputy Speaker was Ananthasayanam Iyengar.

General Secretary

  • He is a permanent officer of the executive, who can work on this post till the age of 60 years.

  • He is not responsible to the parliamentary Lok Sabha but to the Speaker of the Lok Sabha, the following are the functions of the Secretary General –

  • He can issue invitations to the members to attend the session of the House on behalf of the President.

  • Certifies the legislators in the absence of the Speaker.

  • He sends messages on behalf of the House and also receives messages from the Speaker.

  • Can issue warrants against witnesses who appear before the House or committees.

Leader of the Opposition

  • There was no provision for Leader of the Opposition in the original constitution, this post was established in 1977 under an act passed by the Parliament.

  • It was managed in this rule that the leader of any party other than the ruling party which has the maximum number of members in the parliament.

  • Recognition will be given as the leader of the opposition party, for this it is necessary that the leader of that party should get 10% of the total members of the Lok Sabha.

  • The Leader of the Opposition is considered to be equivalent to a cabinet-level minister, with AK Gopalan elected to the 5th Lok Sabha as the first Leader of the Opposition.

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