Bicameral and Unicameral States

What is a Unicameral State?

It is a form of the legislature where only one house (one central unit) exists to make and implement laws
for the state/country.

What is a Bicameral State?

It is a legislative body with two houses. India is one such example where there are two houses both at
union and also at 6 of its 28 states. In a bicameral legislature, the function to administer and implement the
laws are shared between the two houses.

For the detailed difference between a Unicameral Legislature and a Bicameral Legislature, visit the linked
page.

Though a uniform pattern of Government is prescribed for the States, it is not so in the matter of the
composition of the Legislature. While the Legislature of every State shall consist of the Governor and the
State Legislature, in some of the States, the Legislature shall consist of two Houses, namely, the
Legislative Assembly and the Legislative Council, while in the rest, there shall be only one House, namely
the legislative assembly.

1. The constitution provides for the abolition of the second chamber in a state where it exists as well
as for the creation of such a chamber in a state where there is none at present.

2. If a state Legislature passes a resolution by an absolute majority, together with not less than two-
thirds of the members actually present and voting in favour of the creation of the second chamber
and if Parliament gives concurrence to such a resolution, the concerned State can have two Houses
in the Legislature.

3. Similar is the procedure for the abolition of the Upper houses. The State of Punjab and West
Bengal abolished the second chambers in 1969 and 1970 respectively. Legislative Council in Tamil
Nadu was abolished in 1986.

4. The State Legislature which has only one House is known as the Legislative Assembly (Vidhan
Sabha) and in the State which has two houses, the Upper House is known as the Legislative
Council (Vidhan Parishad) and the lower House is known as the Legislative Assembly (Vidhan
Sabha).
 5. Owing to changes introduced since the inauguration of Constitution, in accordance with the
procedure laid down in Article 169, the States having two Houses are Bihar, Maharashtra,
Karnataka, Andhra Pradesh, Telangana and Uttar Pradesh.

State Legislature – Legislative Assembly

The Legislative Assembly is the popularly elected chamber and is the real Centre of power in a State. The
maximum strength of an assembly must not exceed 500 or its minimum strength fall below 60. But some
of the States have been allowed to have smaller Legislative Assemblies, e.g. Sikkim, Arunachal Pradesh,
Goa, etc.

The territorial constituencies demarcation should be done as far as possible, such that the ratio between
the population of each constituency and the number of seats allotted to it is the same all over the State.

Apart from these general provisions, there are also special provisions with respect to the representation of
SC and ST. In case the Governor feels that the Anglo-Indian community is not adequately represented, he
can nominate one member of that community to the assembly.

State Legislature – Legislative Council

The Legislative Council of a State Comprises not more than one-third of the total number of members in
the Legislative Assembly of the State and in no case less than 40 members. However, in Jammu and
Kashmir, the strength is only 36. The system of the composition of the Council as provided for in the
Constitution is not final. The final power is given to the Parliament of the Union. But until the Parliament
legislates on the subject, it shall be as provided for in the Constitution, which is described below:

Duration of Legislative Assembly & Legislative Council

It will be a partly nominated and partly elected body, the election being an indirect one and in accordance
with the principle of proportional representation by the single transferable vote. The members being drawn
from various sources, the Council shall have a variegated composition. Broadly speaking 5/6 of the total
number of members of the Council shall be indirectly elected and 1/6 will be nominated.

The duration of the Legislative Assembly is five years. The Governor has the power to dissolve the
Assembly even before the expiry of its term. The period of five years, may, while a proclamation of
emergency is in operation, be extended by the Parliament by law for a period not exceeding one year at a
time and not extending in any case beyond a period of six months after proclamation has ceased to operate
(Article 172(1)). Unlike the Legislative Assembly, the Legislative Council is not subject to dissolution. It
is a permanent body unless abolished by the Legislative Assembly and Parliament by the due procedure.
But no person can be a permanent member of the Council as one-third of the members of the Council
retire on the expiry of every second year. It amounts to a term of six years for each member. There is no
bar on a member getting re-elected on the expiry of his term.

(a) one-third of the total number of members of the Council would be elected by electorates consisting of
members of local bodies like the municipalities and the district boards.

(b) one-twelfth of the members would be elected by electorates comprising of graduates of the standing of
three years dwelling in that particular state.

(c) one-twelfth of the members would be elected by electorates consisting of teachers who have been in
the teaching profession for at least 3 years in educational institutes in that state, which are not lower than
secondary schools in the standard.

(d) one-third would be elected by members of the Legislative Assembly from amongst people who are not
Assembly members.

(e) The rest would be nominated by the Governor from persons having knowledge or practical experience
in matters like science, literature, cooperative movement, art and social service. (The Courts can’t
question the propriety or bonafide of the Governor’s nomination.)

Qualifications of Members of Legislative Assembly

A person shall not be qualified to be selected to occupy a seat in the Legislature of a State unless he/she

(a) is an Indian citizen;

(b) is 25 years or above for Legislative Assembly, and is 30 or above for Legislative Council, and

(c) possess such other qualifications as may be prescribed by the Parliament.

Thus, the Representation of the People Act, 1951, has provided that a person shall not be elected either to
the Legislative Assembly or the Council unless he is himself an elector for any Legislative Assembly
constituency in that State. A person can be disqualified for being selected as and for being a member of the
Legislative Assembly or Legislative Council of a State if he/she

(a) holds an office of profit under GOI or any State Government, other than that of a Minister at the centre
or any state or an office declared by a law of the State not to disqualify its holder (many States have
passed such laws declaring certain offices to be offices the holding of which does not disqualify its holder
for being a member of the Legislature of that States)

(b) is mentally unsound as declared by a competent Court

(c) is an undischarged insolvent

(d) is not an Indian citizen or has voluntarily got the citizenship of a foreign State or is under any
acknowledgement of adherence/allegiance to a foreign nation

(e) is so disqualified by or under any law made by Parliament

Thus, the Representation of the People Act, 1951, has laid down some grounds of disqualification, like
conviction by a Court, having been found guilty of electoral malpractice, being a manager or director of a
corporation in which Government possesses a financial interest. Article 192 says that if any question arises
as to whether a member of a House of the Legislature of a State has become subject to any of the
disqualifications mentioned above, the matter will be referred to the Governor of the state who has to act
in accordance with the opinion of the Election Commission. His decision is final and not liable to be
questioned in Court.

Who are the officers of the state legislature?

Facts about Speaker & Deputy Speaker:

1. A Speaker vacates his office if he ceases to be a member of the Assembly.

2. He may also resign his office at any time.

3. A speaker may be removed from office by a resolution of the Assembly passed by a majority of all
the then members of the Assembly after fourteen days’ notice of the intention to move such a
resolution.

4. Speaker does not vacate his office on the dissolution of the Assembly.

5. He continues to be the Speaker until immediately before the first sitting of the Assembly after the
dissolution.

6. While the office of the Speaker is vacant, the Deputy Speaker performs his duties.

7. The duties and powers of the Speaker are, broadly speaking the same as those of the Speaker of the
House of the People (Lok Sabha).

To know the difference between Lok Sabha and Rajya Sabha, check the linked article.

Facts about Chairman & Deputy Chairman:

1. The Council chooses from amongst its members a Chairman and a Deputy Chairman.

2. Both vacate their offices if they cease to be members of the Council or resign from its
membership.
 3. They can also be removed by a resolution of the Council passed by a majority of all the then
members of the Council, provided fourteen days notice to move such resolution of removal has
been given.

4. When the resolution for removal is under discussion against the Chairman or the Deputy
Chairman, the concerned person shall not preside at the sitting of the Council, although he may be
present at such a sitting and has the right to speak in, and otherwise to take part in the proceedings
of the Council.

5. He shall be entitled to vote only in the first instance on such resolution or on any other matter
during such proceedings.

6. In case of an equality of votes, he does not exercise a casting vote to which he is otherwise entitled
under Article 189.

7. The Chairman presides at all sittings of the Council and in his absence the Deputy Chairman.

8. During the absence of both the Chairman and the Deputy Chairman, such other person as may be
determined by the rules of procedure of the Council shall preside; or, if no such person is present,
such other person as may be determined by the Council shall act as Chairman.

9. While the office of the Chairman is vacant, the duties of his office are performed by the Deputy
Chairman. If the office of the Deputy Chairman is also vacant, such member of the Council as the
Governor may appoint shall perform all such duties connected with the office of the Chairman.

Powers & Functions of State Legislature

The functions of the states’ Legislative Council are only advisory in nature. If any Bill is passed by the
Legislative Assembly and sent to the Council, and the Council refuses to give its approval, then the
Assembly has the right to reconsider it. The assembly may pass it with or without the amendments
proposed by the Council, and again send it to the Council. When a bill approved by the Assembly is sent
to the Council for the first time, it may retain it for three months, but in the case when it is sent for the
second time and is kept in the Council for one month only, the bill is deemed as having been passed. This
evidently demonstrates the Assembly’s absolute superiority over the LC. In the case of Money Bills, the
State Assembly’s powers are the same as those of the Lok Sabha. It is evident that the position of the
Vidhan Parishad is haplessly weak. Even, in theory, it cannot be compared to the Rajya Sabha that, in spite
of being the upper chamber of the Union Legislature, has some effective powers.

Read about, how a bill is passed in the Indian Parliament on the given link.
1. All the LC can do is delay the passing of a money bill by 14 days, a non-money bill by 3 months
or a non-money bill that is sent back to it with recommendations by 1 month.

2. There is no provision in the Constitution for a joint sitting of the State Legislature. It is to be noted
that while the Vidhan Sabha can override the Vidhan Parishad, the vice versa is never possible. A
non-money bill that is passed by the Vidhan Parishad can be rejected by the Vidhan Sabha more
than once.

3. The LC members do not participate in the election of the President of the country. Apart from that,
they do not have any meaningful role in any bill’s rectification nor in a constitutional amendment.
In practical terms, the Legislature of a State implies its Legislative Assembly which possesses the
following major powers and functions:

 It can create laws on any subject in the State List; it can also create laws on the Concurrent
List provided the law does not contradict or conflict any law already made by the
Parliament.

 The Assembly asserts control over the Council of Ministers. Assembly members can
question the ministers, move motions and resolutions, and also pass a vote of censure in
order to dismiss the state government. The government ministry is collectively accountable
to the Legislative Assembly. If the ministry is defeated in the Assembly, it amounts to the
passing of a no-confidence vote against the government.

 The assembly controls the State’s finances. A money Bill can emerge from the Assembly
and it is considered passed by the LC after a lapse of fourteen days after reference made to
it by the Sabha. It could reject or pass the grants or reduce their amount indicating rejection
or adoption of the budget and hence, implying victory or defeat of the State Government.
Therefore, no tax can be levied or withdrawn without the consent of the Vidhan Sabha.

4. The Assembly has constituent powers. With reference to Article 368, certain Bills of Constitutional
amendment after being passed by the Parliament would be referred to the States for the process of
ratification. In these cases, the Vidhan Sabha has a role to play. It should give its judgement by
passing a resolution by a simple majority indicating approval or disapproval of the said Bill. There
is a provision wherein the President shall refer to the state assembly of a state before he
recommends the introduction of a bill which concerns with the alteration of the concerned state’s
boundary lines or its reorganisation in such a manner that its territory is increased or decreased.

5. Some other powers of the State Assembly are as under:

  It elects its Speaker as well as Deputy Speaker. It can also remove them by a no-confidence
vote.

 It participates in the election of India’s President.

 It also considers reports presented by agencies such as the Auditor-General, State Public
Service Commission, and others. Hence, it is evident that the Vidhan Sabha is the powerful
and popular chamber of the State Legislature. In theory, it is somewhat parallel to the Lok
Sabha.

Limitations on the powers of State Legislature

 Certain types of Bills cannot be moved in the State Legislature without the previous sanction of the
President of India

 Certain Bills passed by the State Legislature cannot become operative until they receive the
President’s assent after having been reserved for his consideration by the Governor;

 The Constitution empowers Parliament to frame laws on subjects included in the State List if the
Council of States declares that it is necessary and expedient in the national interest that Parliament
should Legislate on these subjects

 Parliament can exercise the power to make laws for the whole or any part of the territory of India
with respect to any of the matters enumerated in the State List, while a Proclamation of emergency
is in operation

 The Legislative competence of Parliament can also extend to the subjects enumerated in the State
List during the operation of a proclamation of the breakdown of the Constitutional machinery.

Legislative Procedure

The Parliamentary procedure followed in the Assembly and the Council is the same as in Parliament.

1. The State Legislature must meet at least twice a year and the interval between any two sessions
should not be more than six months.

2. The Governor delivers the opening address at the beginning of a new session in which he outlines
the policy of the State Government.

3. Any Bill may be introduced in either House of the Legislature except a Money Bill, which can be
introduced only in the Assembly. It has to go through three readings, after which it goes to the
Governor for his assent. The Governor may send it back for reconsideration but once it is passed
again by the Legislature, he cannot withhold his assent.
 4. He may reserve certain Bills for the consideration of the President, who may ask him to place it
before the Legislature for reconsideration. When it is passed again with or without amendment it
goes to the President for his consideration.

5. The President is not bound to give his assent even though the Bill has been considered and passed
for a second time by the State Legislature. In case the Assembly is dissolved before a Bill is
passed, or it is passed by the Assembly but is pending before the Council, it will lapse.

6. But in case of Bills which have been duly passed by the Assembly, if there is only one House in the
State, and by the Assembly and the Council where there are two House, and is awaiting the assent
of the Governor or the President it does not lapse.

7. A bill which has been returned either by the Governor or the President for reconsideration can be
considered and passed by the newly constituted Assembly, even though the Bill was originally
passed by the dissolved House.

The State Legislature: Article 168 to 212

under Indian Constitution
Introduction
The Constitution of India is regarded as one of the lengthiest written constitutions in the whole world. Our
Constitution gives us a federal structure where the powers between the Central Government and the State
Government are divided. Most of us know about the working of the Central Legislature and the powers
related to the Central Legislature. Part VI of the Constitution deals with the State Legislature. In this
article, we will discuss this part of the Indian Constitution in detail. Here we will discuss the unicameral
and bicameral legislature. The creation and abolition of these Houses of the State Legislature. The
qualification of a person to be a member of the State Legislature. Ultimately, we will discuss Articles 168
to 212 of the Indian Constitution. It is quite complex to understand the working and procedure of work in
State Legislature but after going through the Constitution of India it becomes easier for one to understand
it.

Bicameral and Unicameral Legislature

Before discussing what is a bicameral and unicameral legislature, let us first discuss what is the
legislature. The legislature is the law-making body of the State. It is first among the three organs of the
state. It can make laws as well as administers the government. As mentioned in Article 168 of the Indian
Constitution, a state can have a unicameral legislature (It should be Legislative Assembly) as well as a
bicameral legislature (Legislative Council and Legislative Assembly). According to Article 168 of the
Indian Constitution, there shall be legislature in every State and it shall consist of the Governor.

Unicameral Legislature

Unicameral legislature refers to having only one legislative chamber which performs all the functions like
enacting laws, passing a budget, and discussing matters of national and international importance. It is
predominant in the world as most countries have a unicameral legislature. It is an effective form of the
legislature as the law-making process becomes easier and reduces the possibility of obstacle in lawmaking
process. Another advantage is that it is economically feasible to maintain a single chamber of the
legislature. It is the most prevailing system in India as most of the States of India have a unicameral
legislature. The members of the unicameral legislature (Legislative Assembly) elected directly by the
citizens of the State.

Bicameral Legislature

By bicameral legislature, we refer to the State having two separate law-making Houses to perform the
functions like passing the budget and enacting laws. India has a bicameral legislature at the Centre level
while the State can make the bicameral legislature. In India, only 7 States have a bicameral legislature. It
may be seen that a bicameral legislature may not be as effective as a unicameral legislature. However, it
works as a barricade in some cases as it somehow makes the law-making process more complex.

Abolition or Creation of Legislative Councils

In our country, the Legislative Council (also known as Vidhan Parishad) is the Upper House of a
bicameral legislature. The creation of which is given in Article 169 of the Indian Constitution and can also
be abolished according to Article 169 of the Constitution.

Article 168 mentions about the Legislative Council in some of the States of our country. There is no rule
of having a bicameral legislature in the State of India. It is because our Constitution framers knew that it
will not be possible for every State to have a bicameral legislature ( due to financial or any other
reason).

Article 169 talks about the creation or abolition of the Legislative Council. For the creation or abolition of
the Legislative Council, the Legislative Assembly must pass a resolution that must be supported by more
than 50% of the total strength of the assembly. It must be supported by more than 2/3rd of the total
members present in voting. Therefore it talks about the absolute and special majority. The resolution to
create or to abolish the Legislative Council needs the assent of the President as well.
Composition of the Houses

Article 170 of the Indian Constitution talks about the configuration of the Legislative Assemblies. This
Article simply put emphasis on what will be the structure of the Legislative Assemblies in the state. On
the other hand, the configuration of the Legislative Council is given in Article 171 of the Indian
Constitution.

Legislative Assembly (Vidhan Sabha)

According to Article 170, there should be a Legislative Assembly in every State of India. However, these
assemblies should be according to the provisions of Article 333 of the Indian Constitution. The Legislative
Assembly of state can have at most 500 constituencies and at least 60 constituencies. These constituencies
would be represented by the members who would be selected through the process of direct election.
However, the division of territorial constituencies would be determined in such a manner that it becomes
dependent on the population of that constituency. Here by the term “ population” we mean population
which has been published in the precedent census. The composition of the Legislative Assembly in any
state can change according to the change in the population of that state. It is determined by the census of
population. However, there are several exceptions to the composition of the Legislative Assembly. Let’s
take the example of Mizoram, Sikkim, and Goa which has less than 60 constituencies.

The tenure or duration of the Legislative Assembly is mentioned in Article 172 of the Indian Constitution.
The Legislative Assembly should work for a time period of five years. Its tenure starts from the day of its
first meeting. However, it can be dissolved earlier by the special procedure established by the law.
However, there can be an extension in the tenure of the Legislative Assembly. This can be done during the
National Emergency. During the period of the National Emergency, the Parliament can extend the tenure
of the Legislative Assembly for a period of maximum one year. Also, this extension should not be more
than six months after the proclamation has ceased to operate.

Legislative Council (Vidhan Parishad)

The composition of the Legislative Council is given in Article 171 of the Indian Constitution. The total
members in the Legislative Council should not exceed one-third of the total members in the state
Legislative Assembly. There is another criteria for the composition of the Legislative Council. The
member in the Legislative Council should not be less than 40 in any case. There is an exception in the
composition of Vidhan Parishad. The Legislative Council of Jammu and Kashmir has only 36 Member in
Legislative Council, unlike the other Legislative Council.

The composition of the Legislative Council can be further divided in the following way:
  One-third of the members of the Legislative Council should be elected from the district boards,
municipalities and other local authorities which is specified by the Parliament according to law.

 One-twelfth of its members shall be elected from the person who has been residing in the same
state for the time period of at least three years and graduated from the university which is in the
territory of India.

 One- twelfth of its total member should be elected from the person who is engaged in the teaching
profession for at least three years in the educational institution of the state itself.

 One third should be elected by Legislative Assemblies and none of them should be a member of
the Legislative Assembly.

 The remainder of the members should be nominated by the Governor according to the established
law.

Qualifications of Membership

After this much of knowledge on both the Houses of Legislations, we can move further on the next topic.
Here we will discuss what are the qualifications that one requires for being a member of the Legislative
Assembly/Council.

The qualification of membership is given in Article 173 of the Indian Constitution. For the membership or
for filling a seat in the legislature of the State, a person must be a citizen of India. A person will not be
granted membership if he/ she is not a citizen of that country. Also, the qualification of the membership is
somewhat similar to the qualification to the membership of the center legislature. The member of the
Legislative Assembly should be more than 25 years. For being a member of the Legislative Council one
should be more than 30 years. Also, a necessary condition for being a member of legislatures includes that
he/she must be a voter from any of the constituencies of the state.

Disqualifications of Membership

After being elected/ nominated as a member of the legislature, one can not be a permanent member of the
legislature. There are certain reasons mentioned in the Constitution by which a person may be disqualified
from his/her membership to the Legislature. Article 191 talks about the disqualification of the members of
the Legislature.

Disqualification of MLA/ MLC can be made on the following grounds:

1. If one holds the office of profit under the state or central government.

2. If one is of unsound mind and is declared so by the competent court.

 3. If one is an undischarged insolvent.

4. If one is not a citizen of the country anymore or when he/ she voluntarily took the citizenship of
another country.

5. If one is disqualified by the law of the Parliament. Example- Anti defection law.

Decisions on disqualifications

Article 192 of the Indian Constitution talks about the decision on the disqualification of a member of the
state legislature. If any question arises about the disqualification of a member of the House of the
legislature on any ground mentioned in Article 191 in the Indian Constitution, then Article 192 comes into
play. Article 192 mentions that in such cases the decision about disqualification would be determined by
the Governor of that state and his/ her decision would be final. However, the Governor needs to consult
the Election Commission for the same and he/she needs to act accordingly. Here, grounds of
disqualification would be the same as mentioned in Article 191.

Sessions of the State Legislature

Moving further on the next topic we will discuss the sessions of these State Legislatures. Its time of
prorogation and dissolution will also be discussed by us here. Also, one thing is quite clear after a lot of
analysis of State Legislature is that the Legislative Assembly is somehow similar to the House of the
People (Lok Sabha) while the Legislative Council is similar to the Council of State (Rajya Sabha). Their
sessions are also quite similar. Article 174 of the Indian Constitution gives the power to the Governor to
summon these Houses of the State Legislature. He/ She can summon these bodies to meet at places and at
such times which he/ she thinks fit or appropriate. But a necessary condition should be kept in mind is that
the time period between the two sessions of these Houses should not exceed six months. Also as
mentioned in Article 174 of the Indian Constitution, the Governor has the power to prorogue either House
and to dissolve the Legislative Assembly.

Speaker and Deputy Speaker

There is a need for head or in charge of every legislative part. The Speaker and Deputy Speaker serve the
same purposes in the Legislative Assembly. Article 178 of the Indian Constitution talks about the same.
According to this article, there should be a Speaker and Deputy Speaker should be chosen from the
Legislative Assembly. In this, it is also mentioned that the condition where if the office of Speaker and
Deputy Speaker becomes vacant then it becomes the duty of the Legislative Assembly to choose the new
Speaker and Deputy Speaker respectively.

Powers and Functions of Speaker

Article 178 gives the power to Speaker to preside over the sessions of the Legislative Assembly of the
state. Similar powers are given to the Speaker of the Lok Sabha, as mentioned in Article 93 of the Indian
Constitution. The power and position of an Indian Speaker are quite similar to the Speaker of the House of
Commons in England.

The most important function of the Speaker is to preside over the sessions of the Legislative Assembly
and also to maintain discipline and order in the assembly. Within the assembly, the Speaker is the master.
He has the power to decide whether the Bill is a Money Bill or not. Also, the decision of Speaker cannot
be challenged in a court of law. Money Bills are sent to the Legislative Council with the approval of the
Speaker. The salary of Speaker is given from the Consolidated Fund of State.

The other functions/ powers of the Speaker are as follows:

 He/she does not participate in the debate of the assembly.

 Only votes when there is a condition of a tiebreak.

 He/She sees whether there is a necessary quorum.

 He has the power to adjourn or suspend the sitting of the Legislative Assembly when there is not a
necessary quorum and also to maintain the discipline of House.

 He/She has the power to suspend or to expel the member for his/ her unruly behaviour.

Chairman and Deputy Chairman of the Legislative Council: Article 182,183,184,185

The working of the Legislative Council is quite complex. The process of membership, the appointment of
its head and the power of the Legislative Council is also quite difficult to understand. According to Article
182 of the Indian Constitution, the Legislative Council must choose its two members as Chairman and
Deputy Chairman. It also mentions that the Legislative Council must choose the Chairman and Deputy
Chairman of the Legislative Council as soon as their office becomes vacant.

The offices of Chairman and Deputy Chairman becomes vacant very often. However, the reason for their
removal/ resignation is mentioned in Article 183 of the constitution. The reasons are as follows:

1. Should not hold their post if they are not a member of the Legislative Council.

2. By sending the written resignation letter to each other.

3. They can be removed by passing a resolution in the Council. However, there should be a majority
of members in support of this resolution. An important point to be remembered while passing a
resolution that a notice of the intention of resolution should be given before 14 days.
Now imagine a condition when there is a vacancy in seat of Chairman of the Legislative Council. Then,
the question which would strike us would be related to the replacement of his/ her place in the Legislative
Council or who will look after the working of the Legislative Council. The answer to the second part of
the question is given in Article 184 of the Indian Constitution. According to this Article, the Deputy
Chairman has the power to perform the duties and to act as Chairman of the Legislative Council.
According to Article 184, if there is a vacancy in the office of Chairman then all duties of Chairman would
be performed by the Deputy Chairman and in case if the office of Deputy Chairman is also vacant then the
duties of Chairman would be performed by the person appointed by the Governor.

Talking about Article 185 of the Indian Constitution, it puts certain restrictions on Chairman or Vice-
Chairman when their impeachment resolution is under consideration. It simply tells that a Chairman or
Vice-Chairman can not preside the Council when the resolution for their impeachment is under
consideration. Here in this condition, Article 184 will be applied. Also, it is given in Article 185 that when
such resolution is under consideration then the Chairman has all the right to attend the proceedings of the
Legislative Council and he/she will have all the right to speak during such proceedings. Here, the
Chairman has the right to vote in the first instance of the proceedings but he/she will not be able to vote in
the condition of equality of votes.

Legislative Procedure: Article 196

The main purpose of Legislature is to make laws, pass a bill etc. To understand the working of Legislature
or Legislative Procedure let us first discuss the term “Bill”. By Bill, we mean a draft of the legislative
proposal. This bill after getting assent from both the Houses of Legislature becomes an Act after getting
assent from the Governor. Article 196 of the Indian Constitution tells us about the provisions of the
introduction and passing of the Bill. Except for the Money Bill and the Financial Bill ( procedure of
passage of these bills are given in Article 198 and 207), the other bills can be introduced in either Houses
of the legislature. Any bill is said to be passed only when it got assent from both the Houses of the
legislature. Here both the Houses should agree on the amendment made to the bill. A bill would not lapse
when it is pending in the House and there is the prorogation of that House. A bill pending in the
Legislative Council of any state which is not passed by the Legislative Assembly shall not lapse even on
the dissolution of the Legislative Assembly. Also, there is a condition mentioned in Article 196 which
states that if there is a bill pending in the assembly and at that time the assembly dissolute, then the bill
will also lapse ultimately. The bill will also lapse if it is passed by the assembly and is pending by the
Council.

Ordinary Bills
The provision or the procedure related to Ordinary Bill is discussed in Article 196 of the Indian
Constitution. The main purpose of the State Legislature is law-making as already being discussed in this
article earlier. The legislature can make laws on State List as well as on Concurrent List. Ordinary Bill can
be introduced in either of the Houses. The process given in Article 196 is applied here and once it gets the
sign from the Governor it becomes law. The Governor has the power to issue ordinance when there is a
need of any law and the legislature is not in session.

Money Bills

A Money Bill is a bill that is concerned with government spending or taxation. The procedure to pass a
Money Bill is quite different from the Ordinary Bill. Its procedure is given in Article 198 of the Indian
Constitution. According to this Article of the Constitution of India, the Money Bill can only be introduced
in the Lower House i.e. in Legislative Assembly. After the Money Bill is passed by the Legislative
Assembly and in that state, then this bill would be forwarded to the Legislative Council for its
recommendations. The same bill should be returned to the assembly within fourteen days from the date of
receiving the bills. The assembly can either accept the recommendation or can deny any recommendations
according to the discretion of the assembly. The same bill is then again sent to the Council and the Council
has a time period of fourteen days to pass the bill. In case the Legislative Council fails to do so, then it is
deemed to be passed by both the Houses.

Assent to Bills: Article 200

Till now we have seen how a Bill gets assent from Houses of the state legislature. After this, Article
200 comes into play. As mentioned in Article 200, the bill after getting assent of both Houses and is then
sent to Governor. It then comes under the discretion of the Governor whether to give assent or withhold
his assent. He/she can also reserve assent for the consideration of the President.

Here the Governor has to return this bill to the State Legislature as soon as possible with the message of
recommendation. Here again, these recommendations can be either accepted or rejected by the legislature
and once again this bill is again sent to the Governor for his confirmation. Now he has only two options
left with him, he can either give assent to this bill or can reserve it for further consideration from the
President.

Bills reserved for President’s consideration: Article 201

The bill which is reserved for the consideration of the President should have reasonable grounds for being
reserved. Any bill can be reserved by the Governor which he/ she thinks is against the law. The further
procedure of this Bill is given in Article 201 of the Indian Constitution. The Bill which is reserved for the
President for his/her consideration should either be given assent by him/her. The President can also
withhold his/her assent. The President then directs the Governor to return the bill to the House/Houses of
Legislature with a message which was sent earlier by the Governor (according to Article 200 of the
constitution). This bill should be reconsidered by the State Legislature within a period of six months. And
again if the bill is passed by both Houses, then it is again presented before the President for its
consideration.

An example of the contradiction to this Article came in the case of K.P. Kochanujan Thirumulpad vs State
Of Kerala where a petition was filed and a question was asked on the legality of a bill which was passed
before any direction came from the President during the period of reconsideration. Here the petition was
rejected and it was held that there are certain restrictions/ grounds on which Article 201 does not apply.

Language to be used in the Legislation: Article 210

All the proceedings in the State Legislature like the law-making process should be in the official language
or in the language of the state or in Hindi or in English. It is given in Article 210 of the Indian
Constitution. Here, under the special circumstances the Chairman or Deputy Chairman may allow the
member to use other languages (who cannot express himself/herself in any of the languages as mentioned
above in this article). Here, the role of language which is to be used in the legislation becomes very vital.
However, there is a provision that determines that if the State Legislature does not make any law for using
the English language even after fifteen years, then the word English from Article 210 will get eliminated
by itself.

Procedure in Financial Matters: Articles 202 to 207

The State Legislature of every state follows a special procedure in the matters related to finance. These
procedures are given in Article 202 to Article 207 of the Indian Constitution. The procedure which is
mentioned in these articles are as follows:

1. Article 202 (Annual Financial Statement): It is the duty of the Governor to lay down the estimated
receipts and expenditure of the State for that year. It is known as the Annual Financial Statement.

2. Article 203 (Procedure in the legislature related to estimates): The estimates that relate to
expenditure from the Consolidated Fund of a State should not be submitted to a vote of the
Legislative Assembly. But nothing mentioned here should be construed as preventing the
discussion of the Legislatures that relates to those estimates. Demand for a grant can be made only
on the recommendation of the Governor.

3. Article 204 (Appropriation Bill): After making the grants under Article 203, the assembly shall
introduce a bill that will provide for the appropriation out of the Consolidated Fund of the State for
the matters related to money which is granted by the assembly.
 4. Article 205 (Supplement, Additional or excess grants): In this Article, the Governor can allow
supplement grants (when the expenditure is more than what was estimated) and he/ she has the
power to extend the granted money for any particular service.

5. Article 206 (Vote on Accounts, Votes of Credit or Exceptional Credits): This Article talks about the
power or authority of the Legislative Assembly to grant in the given situation.

 In advance in respect of the estimated expenditure for a part of any financial year pending
the completion of the procedure given in Article 203.

 To make a grant for meeting an unexpected demand upon the resources of the State.

 To make exceptional grants which are not a part of the current financial year.

6. Article 207 (Special Provisions related to Financial Bills): Financial Bill should not be introduced
in the Legislative Council and without the recommendation of the Governor.

General Rules of Procedure

It is important for every organ of the State to make certain rules and regulations for its proper functioning.
Similarly, there are some general rules of procedure made for the smooth functioning of the State
Legislature. These are given from Article 208- Article 212 of the Indian Constitution. All the provisions
under these Articles are explained below:-

 Article 208– Houses of the State Legislature has the power to make rules and regulations for its
conduct, its procedure and the conduct of its business.
 Article 209– Regulation by law of procedure in the Legislature of the State in relation to financial
business.
 Article 210– It talks about the language which is to be used in the Legislature.
 Article 211– It is about the restriction of the topic on which there will be no discussion in the
Legislature.
 Article 212– This Article tells that Courts can not inquire into proceedings of the Legislature.

Conclusion

In this article, we have discussed all the aspects of the State Legislature. One of the loopholes is that it is
not compulsory for the states to have Council and it disturbs the uniformity in State Legislature of
different States. I think there should be uniformity in the State Legislature system. But this can sometimes
be considered as the beauty of the Indian Constitution as it gives the chance to the State Assembly to
decide on the same issue. Part VI of our Constitution has made it very clear about the functions, way of
functions and the various power given to the State Legislature.