Composition of the assembly
The lower house of the state legislature is called Vidhansabha, the members of this house are directly elected by the people.
According to Article 170, subject to the provisions of Article 333, the Legislative Assembly of a State can have a maximum of 500 and a minimum of 60 members.
The number of members of the state assembly is determined on the basis of the population of the state. While determining the number of members of the Legislative Assemblies, the population figures are taken which were published in the last census.
Census in India is done after every 10 years. Delimitation commission is appointed after every census. This commission redistributes the constituencies according to the new figures of population [Article 370(3)].
By the 42nd Constitutional Amendment in 1978, a provision has been made that till the first census to be held after the year 2000, the same figures will be certified for the division of constituencies of each state, which is certain and authentic according to the 1971 census.
Similarly, to reserve seats for Scheduled Castes and Backward Castes on the basis of population in the Vidhansabha, till the first census after the year 2000, the same figures will be taken which have been fixed and published according to the 1971 census.
In the 84th Amendment Act-2001, the government has also been empowered that the comparative re-determination of assembly constituencies will be done on the basis of 1991 census. After that, if in the 87th Amendment Act 2003, arrangements have been made to determine the constituency according to the 2001 census.
Although this rescheduling is possible only according to the total number of assembly seats in each state, but the number of members will remain the same till 2026.
If the Anglo-Indian caste does not get representation in any state election, then the governor can voluntarily nominate a member of that caste in the assembly to represent that caste. (Article 333)
Article 191(1) and (2) provide that if any question arises as to whether a member of the Legislature of a State has become subject to disqualification under article 191, the question shall be referred to the Governor and his decision shall be final. will be |
According to the 44th Amendment Act, the Governor will take the advice of the Election Commission on such a question and the advice of the Commission is binding on the Governor. (Article 152)
According to Article 189(3), unless the Legislature of the State otherwise provides, the quorum to constitute the session shall be 10 members, one-tenth of the total number of members of the House, whichever is more.
In the absence of a quorum, the speaker will adjourn the House or suspend the session until a quorum is reached.
Functions and Powers of the Legislative Assembly
In the states where the Legislature is unicameral, all the powers of the Legislature are exercised by the Legislative Assembly and in the states where the Legislature is bicameral, the Legislative Assembly is more effective.
The Legislature has the right to make laws on all the subjects of the State List and the Concurrent List, basically there are 66 subjects in the State List and 47 subjects in the Concurrent List.
If the Legislature is bicameral, then the bill passes from the Legislative Assembly and goes to the Legislative Council. If the Legislative Council cancels it or does not take any action on it for 3 months or makes amendments in it which are not approved by the Legislative Assembly, then the Legislative Assembly passes that bill. Can pass it again and can send it again to the Legislative Council.
If the Legislative Council does not take any action on that bill again for 1 month or cancels it again or makes such amendments in it which are not accepted by the Legislative Assembly, then in all the three cases this bill should be considered as passed by both the Houses.
After passing both the Houses or one House, the bill goes to the Governor, he can also give his assent to it, send it for the President's assent, send it to the House for reconsideration, with or without directions. Can also return it, but if the Legislative Assembly or Legislature passes this bill again and sends it, then the Governor has to give his approval.
The Legislative Assembly has control over the state's finances. Money bills can only be introduced in the Legislative Assembly. The annual budget of the state is also presented before the beginning of the financial year.
Without the approval of the Legislative Assembly, the state government can neither levy any tax nor spend any money. After passing the money bill in the Legislative Assembly, it is sent to the Legislative Council, which can stop it from passing for a maximum of 14 days. is |
Even if the Legislative Council rejects the Money Bill or does not take any action on it for 14 days, it is considered passed by both the Houses and is sent for the approval of the Governor, who has to give his assent to the Money Bill. Cannot return the bill for reconsideration.
The Legislative Council has got executive powers. The Legislative Assembly has complete control over the Council of Ministers. The Council of Ministers is responsible to the Legislative Assembly for all its work and policies. Members of the Legislative Assembly can criticize the ministers and ask supplementary questions.
Assembly can also remove the Council of Ministers if it wants to; Assembly can force the Council of Ministers to resign by passing a no-confidence motion against the Council of Ministers or by rejecting the money bill and by cutting the salaries of the ministers or by rejecting any important bill of the government.
The State Legislature does not have any significant power to amend the constitution. Only the Parliament has the right to amend, but there are many such articles in the Constitution in which the Parliament alone cannot amend.
To amend such articles, the approval of the legislatures of half the states is also necessary, so the Legislative Assembly participates in the constitution along with the Legislative Council.
The elected members of the Legislative Assembly have the right to participate in the election of the President or the Legislative Council does not have the right.
The members of the Legislative Assembly elect ⅓ members of the Legislative Council.
Members of the Legislative Assembly elect and send representatives of the state to the Rajya Sabha.