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Let’s focus on the Legislative council and not the Legislative Assembly. Because most of the people know about the legislative assembly since they all participate in its election. India has a federal form of government, where there are two types of government exits at the same time. And how many states have bicameral legislatures the power is divided between the two governments, i.e. The central government deals with the issue related to the national interest and the state government deals with the point of local benefits . One-third of the members of the council are elected by the members of the state assembly.
No minister can be a member of the committee except in the case of Select Committees on Government Bills. This provision does not apply in case of the Leader of the House who happens to be the Chief Minister, as far as the Business Advisory Committee is concerned. Normally, the Reports of these committees are presented to the House by the Chairman of the Committees but in inter-session period the Chairman may submit the Report to the Speaker. These Reports, with the exception of the Report of the Privileges Committee and the Business Advisory Committee are generally not raised in the House. The financial committees are elected on the basis of proportional representation through single transferable vote and the rest are nominated by the Speaker. The Chairmen for all these committees are nominated by the Speaker from out of the members of these committees.
Article 168: Constitution of Legislatures in States.
First talking about the central government, the Prime Minister leads it. The primary law-making institution at the central level is the Parliament of India. First one is the upper house called the “Rajya Sabha”, and another is the lower house called “Lok Sabha”. Bicameral legislatures replicate the model followed in Indian Parliament. The lower house wields greater legislative power as compared to the upper house.
And the newly built house is called as the Legislative council “Vidhan Parisad”. And after creating the Legislative council, the state can be considered of having a bicameral parliament. So it means a legislative council doesn’t exist by defaults in the states, it has to be created.
Currently, six states — Bihar, Uttar Pradesh, Maharashtra, Andhra Pradesh, Telangana and Karnataka — have a Legislative Council. The setting up of a second chamber is not exclusively in the hands of the state government. The central government also has to pilot a Bill in Parliament.
The independence of India should mean the independence of the whole of India… Independence must begin at the bottom. It follows therefore that every village has to be self-sustained and capable of managing its affairs. In this structure composed of innumerable villages, there will be everwidening, ever-ascending circles. Life will be a pyramid with the apex sustained by the bottom – Mahatma Gandhi i. Which concept is Gandhiji explaining in the above passage?
This issue could, therefore, lead to another potential flash point between the state and the Centre. Earlier this week, the Trinamool Congress government in West Bengal approved the setting up of a Legislative Council in the state. It was a promise made by the party in its election manifesto.
Maharashtra Law on ‘Dangerous Persons’
Under the same Act, the strength of the legislative council was reduced from 96 to 75 members. India follows a bicameral system at both the centre and state level. Under this system, the state’s legislature is divided into two parts – Legislative Assembly or Vidhan Sabha and Legislative Council or Vidhan Parishad. Members of the Legislative Assembly are directly elected by the people through assembly elections. Vidhan Parishad or Legislative Council is a permanent body, which can be formed or abolished when the Legislative Assembly passes a special resolution.
- Different scenes played out in the two Houses of the West Bengal legislature.
- Elections.in brings to you everything related to elections as they unfold.
- The State Assembly has to pass a resolution for the creation of the Council, by a majority of its total membership.
- Get information about the Legislative Assembly of Himachal Pradesh.
- For example, in Tamil Nadu, creating a Council has been a contentious issue for the last three decades.
Presently, the lower house of the state consists of 288 members, directly elected from the constituencies. The budget session and the monsoon session of the Legislative Assembly and Council are convened in Mumbai, while the winter sessions are convened in Nagpur. Even if a country is not a federation, a need for the second chamber is there. The two houses of the national legislature are required to give representations to all the sections of the society and to give representation to all geographical regions of parts of the country. A bicameral legislature ensures double check on every bill and every policy matter, thus realizing the exact purpose of the legislative organ of the government. In the legislative council, One third of its members are elected every two years.
They are considered to be avenues for political parties in power and having members in the assembly to give posts to their people. Karnataka is divided into 225 Assembly constituencies and presently the state Legislative Assembly has 224 members. In 1986, a resolution was passed in the Legislative Assembly and approved by the Indian Parliament, which increased the strength of the Legislative Council to 75. 1/12 shall be elected by electorates consisting of persons engaged for at least three yeas in teaching in educational institutions within the State, not lower in standard than secondary schools. Which of the following states does not have a bicameral legislature … The advantages of having a bicameral legislature are well-known.
It is also a restraining force against the dominance of elected majorities in legislative matters. It also favoured a review of the provision in the law for Councils to have seats for graduates and teachers. The State Assembly has to pass a resolution for the creation of the Council, by a majority of its total membership. Odisha’s plan calls for https://1investing.in/ a national policy on the utility of a second chamber in States. Read the arguments and say if you agree or disagree with each of them, giving reasons. Prof K T Shah, from Bihar, said a second chamber in states “involve considerable outlay from the public exchequer on account of the salaries and allowances of Members and incidental charges.
Representatives who don’t win elections end up being members of the council. In the case of a money bill, it can only be introduced by the assembly and after it is passed, the council has 14 days to debate about it and recommend some changes to it. Even in the case of an ordinary bill, it has very limited powers. Even though such a bill can be introduced in the council, the assembly’s decision shall prevail. Council does have some options like suggesting amendments, rejecting the bill, but these are not an obligation on assembly.
The Parliament can then make it a law by passing it like any ordinary bill. These are Andhra Pradesh, Telangana, Bihar, Jammu-Kashmir, Karnataka, Maharashtra and Uttar Pradesh. And the upper house only has a power related to the general bills. They can not late any bill related to the matters of taxations or revenue. For example, they can not vote for the Money Bill or finance bill in the house. They can only give their recommendation, and the final decision is up to the legislative assembly whether to follow the recommendations or not—the bicameral legislature in India.
Constitutional Provision for creating a Bicameral Legislature
In spite of these realities many states in recent times have pushed for the creation of legislative councils. Recently, West Bengal assembly passed a resolution for the revival of the legislative council in the state. The rest one-sixth are nominated by the governor of the state. The legislative council has a chairman and deputy chairman who are elected by the members of the council and their roles are similar to that of a speaker and deputy speaker of an assembly. Users can find detailed information on legislature, speaker, deputy speaker, members, former speakers, chief ministers, council of ministers etc. Maharashtra is one of the oldest states to have bicameral legislature.
It allows more chances to the people of different sections of society such as teachers, graduates to represent in the house. A secondary house can delay the decision taken by the lower house in haste, and provide them more time to think on. Elections.in brings to you everything related to elections as they unfold.
UPSC Online Preparation
The two houses in state legislature are called – Legislative Assembly and Legislative Council. There are only seven states which have two-tier of legislature – Uttar Pradesh, Maharashtra, Bihar, Karnataka, Andhra Pradesh, Telangana and Jammu & Kashmir. Executive and legislature have quite two different domains of operation. The executive runs the administration of the country while legislature is concerned with the formation of laws and to check the executions of the executive and judiciary. If we simply elect our Prime Minister and minister and leave to them the task of government, it will give rise to dictatorship. The legislature helps people in holding the Council of Ministers accountable.
The West Bengal Legislative Council remained in existence till 1969. But it was events in the second chamber two years prior that led to its abolition. The fourth general elections held in 1967 led to the Congress losing power in multiple states. In West Bengal, the United Front, a coalition of 14 parties, formed the government with Congress in the Opposition.
One-third member is elected by the members of the legislative assembly. But the Legislative Council is entirely unknown to the people, and mostly to those who don’t have a legislative council in their respective states. Taking about the state government, it is led by the Chief Minister. And unlike the Center, where there is only one law-making institution at the state level, and it is called as State Legislative Assembly or “Vidhan Sabha” in Hindi. The Punjab Legislative Assembly came into being under the Constitution consequent upon the first elections in 1952.
These nominations are made from among those persons who have the specialisation in the fields of literature, art, social services, science, etc. The selected members of the different fields are experienced and they posses intellectual depth. Neha said that bicameral legislature does not serve any purpose. In a large country like India it is preferred to have two houses of the legislature to give representation to all sections of the society.
In case a state has only Legislative Assembly, all the powers are exercised by it. The duration of the Legislative Assembly is five years from date of its first meeting after the general elections. The Governor has the power to dissolve the Assembly even before the expiry of its term.
Initially the Punjab State Legislature was a Bicameral House. Legislative Council of Punjab was abolished on 1st January 1970 and as a result, the Legislature of Punjab was transformed into Unicameral Legislature. Ever since, the number of Members in Vidhan Sabha has been varying from time to time. Upon reorganization in 1966, the number of Members was reduced to 87 from 154 but it again rose to 104 after the General elections of 1967.
The point to be noticed here is, wherever the bicameral legislature exists the power are not equally divided between both the houses. And in most of the cases, the lower house is always more powerful because members here are elected directly by the people. The procedure for this has been specified in the article.
