In most of the States we have unicameral Legislatures. The State Legislatures consist of the Governor and the Legislative Assembly. The Parliament is empowered to set up or abolish the Vidhan Parishad in a State.
The Vidhan Parishad is partly indirectly elected and partly nominated. It is permanent House like the Rajya Sabha & never get dissolved. The tenure of its members is six years. One third members retire after every two years.
Legislative Assembly (Vidhan Sabha)
- Vidhan Sabha members cannot be more than 500 and not less than 60.
- Governor of the State has the power to nominate one member of Anglo-Indian community.
- Tenure of Vidhan Sabha is five years, it may be dissolved by the President.
- In case of constitutional emergency proclaimed under Article 356 of the constitution, can extend the term for a period not exceeding one year at a time.
Speaker presides over the meetings of the House & proceedings.
- Maintains order in the House, allows the members to ask questions and speak, he puts bills & other measures to vote and announces the result of voting.
- Total number of members should not exceed one-third of the total number of members of Vidhan Sabha, should not be less than 40.
- To be a member the person should, be a citizen of India, have attained the age of 30 years, be a registered voter in the State, not hold any office of profit.
- Vidhan Parishad is partly elected and partly nominated. Most of the members are indirectly elected in accordance with the Principle of proportional representation by means of single transferable vote system.
Sessions of The State Legislature
- Twice a year.
- The interval between two sessions cannot be more than six months.
- The Governor summons and prorogues the sessions of State Legislature.
Powers and Functions
Law Making Function
- The primary function is law making on State List & Concurrent List, Money bill is first introduced in the Vidhan Sabha.
- The Governor can issue an ordinance on the State subjects, legislature passes a regular bill to become a law to replace the ordinance.
- This is done within six weeks after reassembly of Legislature.
- A money bill is introduced first only in the Vidhan Sabha
- Speaker of the Vidhan Sabha certifies that a particular bill is a money bill.
- Then it is sent to the Vidhan Parishad, and it must return within 14 days with or without its recommendations.
- The Governor cannot withhold his assent as money bills are introduced with his prior approval.
Control over the Executive
- State Legislature keeps control over the executive.
- The Council of Ministers is responsible to Vidhan Sabha collectively and remains in the office so long as it enjoys the confidence of the Vidhan Sabha.
- The Council is removed if the Vidhan Sabha adopts a vote of no-confidence or when it rejects a government bill.
- The elected members of the Vidhan Sabha are members of the Electoral College for the election of the President.
- The members of the Vidhan Sabha also elect members of the Rajya Sabha from their respective States.
- One-third members of the Vidhan Parishad are also elected by the members of the Vidhan Sabha.
An Amendment requires special majority of each House of the Parliament and ratification by not less than half of the States relating to Federal subjects.