The State Legislatures
ICSE Class 9 · History & Civics · Chapter 5
What this chapter covers
- The State Legislature and its place in the federal system
- Unicameral and bicameral legislatures
- The Legislative Assembly: composition
- The Legislative Assembly: term
- Qualifications for membership of the Legislative Assembly
- The Legislative Council: composition
- The Legislative Council: term and qualifications for membership
- Legislative powers of the State Legislature
- Financial powers of the State Legislature
- Control over the State executive
- Electoral, constituent and other functions
Key points
- The State Legislature consists of the Governor and one House (unicameral) or two Houses (bicameral).
- Every State has a Legislative Assembly (Vidhan Sabha); only six States have a Legislative Council (Vidhan Parishad).
- Parliament can create or abolish a Council by ordinary law if the Assembly asks for it by a special majority.
- Legislative Assembly: 60 to 500 members, all directly elected; seats reserved for SCs and STs; Speaker and Deputy Speaker elected by members.
- The Assembly's term is five years; it may be dissolved earlier, and extended only during a National Emergency, one year at a time.
- An MLA must be a citizen of India, at least 25 years old and a voter in the State, and must hold no office of profit.
- Legislative Council: not more than one-third of the Assembly's strength and not less than 40; members chosen by local bodies, graduates, teachers and MLAs, and nominated by the Governor.
- The Council is a permanent House: members serve six years, and one-third retire every second year.
- An MLC must be a citizen of India and at least 30 years old.
- The State Legislature makes laws on the State List and the Concurrent List; on a Concurrent subject a law of Parliament prevails.
- The Council can delay an ordinary bill for at most four months and a money bill for fourteen days; there is no joint sitting.
- Money bills begin only in the Assembly, on the Governor's recommendation; only the Assembly votes the demands for grants.
- The Council of Ministers is collectively responsible to the Assembly, which controls it through questions, motions and a no-confidence motion.
- Elected MLAs help elect the President and the State's Rajya Sabha members, and State Legislatures ratify amendments that affect the federal structure.
Questions answered
Define a bicameral legislature. Name two Indian States that have one.
A bicameral legislature is a legislature that has two Houses. Uttar Pradesh and Karnataka (also Andhra Pradesh, Bihar, Maharashtra and Telangana) have bicameral legislatures.
Of what parts does the State Legislature of a unicameral State consist?
It consists of the Governor and the Legislative Assembly.
State the maximum and minimum strength of a Legislative Assembly. Name one State that is an exception to the minimum.
Not more than 500 and not less than 60 members. Sikkim (32 members) is an exception; Goa and Mizoram (40 each) are others.
What is the normal term of the Legislative Assembly? Under what condition can it be extended, and by how much at a time?
Five years from the date appointed for its first meeting. It can be extended only during a National Emergency, by a law of Parliament, by not more than one year at a time, and not beyond six months after the emergency ends.
Why is the Legislative Council called a permanent House?
It is never dissolved as a whole. Each member serves six years and one-third of the members retire every second year, so the House continues without a break.
Give the minimum age for membership of (a) the Legislative Assembly and (b) the Legislative Council.
(a) 25 years; (b) 30 years.
Name the five groups that choose members of the Legislative Council, with the approximate share chosen by each.
Members of local bodies (about one-third); graduates of three years' standing (about one-twelfth); teachers of three years' standing (about one-twelfth); members of the Legislative Assembly (about one-third); and the Governor, who nominates the rest (about one-sixth).
What is meant by an office of profit? Why does holding one disqualify a person from being an MLA?
An office of profit is a post under a government that carries a salary or other financial benefit and is controlled by that government. It disqualifies a person because a member who depends on the government for pay could not watch over and criticise that government freely.