Module 03: Structure, Powers and Functions of Union and State Legislature

Introduction
 Parliament is a platform for discussing important social and civic issues in a democracy.
 It is a key institution that upholds democratic values in a representative democracy.
 Mahatma Gandhi viewed democracy as using all resources — physical, economic, and even spiritual
— for the common good of all.
 The idea of Parliament originated in medieval Europe.
 In India, Parliament has been an important part of democracy since its beginning.
 Leaders of the freedom struggle, legal experts, and Constituent Assembly members studied the
constitutions of other countries before choosing the parliamentary system for India.
 The first general elections were held in 1952, after which both Houses of Parliament were formed.
 Between 1950 (when the Constitution was adopted) and 1952, the Constituent Assembly acted as
the provisional Parliament.

Composition of Parliament
 The Indian Parliament is made up of:
1. The President of India
2. The Upper House — Rajya Sabha (Council of States)
3. The Lower House — Lok Sabha (House of the People)
 The Hindi names Rajya Sabha and Lok Sabha have been officially adopted for the Upper and Lower
Houses, respectively.
 Article 79 of the Constitution defines the Parliament’s structure — it consists of the President, the
Lok Sabha, and the Rajya Sabha.
 The role of the President in Parliament is somewhat similar to the role of the Queen or Crown in the
United Kingdom.
 The President is part of the legislature but does not sit in Parliament sessions.
 No bill passed by both Houses can become a law without the President’s assent.

The Rajya Sabha : Council of States

 Rajya Sabha is the Upper House of the Indian Parliament.
 It is permanent in nature — it cannot be dissolved.
 Each member serves for 6 years, and one-third of members retire every 2 years (biennial
retirement).
 Retired members can be re-elected.
Composition & Election
 Total members: 250
o 238 elected by a single transferable vote system.
o 12 nominated by the President on the advice of the Council of Ministers.
 Article 80(1): Members are elected by elected members of state assemblies using proportional
representation.
 Number of members from each state varies (e.g., Uttar Pradesh has 31 members, while some
states have only 1).
Qualifications (Article 84)
 Must be an Indian citizen.
 Must be at least 30 years old.
 Must not hold any office of profit.
Disqualifications (Article 102)
A member can be disqualified if:
1. Holds an office of profit.
2. Is of unsound mind.
3. Is an undischarged insolvent.
4. Is not an Indian citizen or has accepted citizenship of another country.
5. Disqualified under any law made by Parliament.
Presiding Officers
 Vice-President of India: Ex-officio Chairperson of Rajya Sabha.
 Deputy Chairperson: Elected from among Rajya Sabha members to preside in the absence of the
Chairperson.
However, to take care of its day-to-day affairs, and to preside over the sessions in the absence of the
Chairperson, i.e. the Vice-President, a member of the house itself is chosen Internally by the Rajya Sabha
as Deputy Chairperson of the house.

Similar Bodies in Other Countries

 European Union nations: Many have Councils of States as advisory bodies to the
government/president.
o Belgium: Judicial and advisory Council of State, assists in legal matters of draft bills.
o China: State Council is the highest administrative body.
o Portugal: State Council advises the President.
 United States: No exact equivalent, but has a bicameral legislature — House of Representatives
and the Senate (2 senators from each state).
Utility of Rajya Sabha
 Debate in the Constituent Assembly led to adoption of a bicameral legislature.
 Rajya Sabha acts as a check on the Lok Sabha to prevent misuse of majority power.
 Functions as a safety valve to ensure laws passed are in the interest of people and democracy.
 The utility of the Rajya Sabha can be understood by this hypothetical situation. Suppose, after
general elections, a single political party comes to a thumping majority in the lower house.
 Now, having this majority, they can pass any bills or piece of legislation even if the same is not
fruitful to the people and democracy unless there is a system of check.
 So, this second house serves as a safety valve and a system of check regarding all the functions of the
lower house.

The Lok Sabha: House of People

Composition (Article 331 & Related Provisions)
 Maximum strength:
o 530 members from States.
o Up to 20 members from Union Territories.
  Special nomination: President can nominate 2 members of the Anglo-Indian community if he
feels they are under-represented.
 Reserved seats: Certain seats reserved for Scheduled Castes and Scheduled Tribes.
 Seat allocation: Done according to the Representation of the People Act, 1951.
Tenure
 Normal tenure: 5 years from the first meeting.
 Can be dissolved earlier if the government loses majority.

Territorial Constituencies
 Country divided into territorial constituencies for direct elections.
 Each state’s share of seats is proportional to its population.
 Ratio of population to representatives kept uniform across constituencies.
Qualifications (Article 84)
 Must be a citizen of India.
 Minimum age:
o Lok Sabha: 25 years.
o Rajya Sabha: 30 years.
 Must meet other qualifications prescribed by Parliamen
Disqualifications (Article 102)
A member can be disqualified if:
1. Holds an office of profit under the government.
2. Declared of unsound mind by a court.
3. Is an undischarged insolvent.
4. Not a citizen of India or voluntarily acquires foreign citizenship.
5. Disqualified under any law made by Parliament.
Office of Profit
 As it is a ground for disqualification as a member of Parliament, it is essential to understand what
exactly does the office of profit means.
 Office of profit refers to any post or position under central or state government which fetches
salaries, bonuses, perks and other benefits to the individual.
 However, the quantity of profit gained is irrelevant under this disqualification.
 Under section 9 of Representation of people Act and Article 191(1)(a) of the Indian Constitution, it is
envisaged that no representative should bear any office of profit.

Disqualifications under the Representation of Peoples Act

 A member of parliament can also be disqualified under the Representation of Peoples Act, 1951.
This act was passed by the Parliament under Article 327 of the Indian Constitution, which provides
for the procedure and the conduct to be followed during the election to Parliament and state
legislatures
 Following are the grounds:
 If he/she is convicted for indulging in corrupt practices during the election or any other election-
related offenses.
 If he/she is convicted under certain acts of Indian Penal Code, Unlawful Activities Prevention Act,
Prevention of Terrorism Act 2002, etc.
  If he/she is convicted under any law that results for at least two years of imprisonment and will
remain disqualified for a further 6 years after his release.
 If he/she is convicted under any law relating to drugs or dowry prevention.
 Dismissal from the government due to disloyalty or involvement in corrupt practices.
 If he/she fails to lodge their election expenses.

Disqualification on ground of defection

 The need for an anti-defection law was felt in India when in 1967, one legislator from Haryana, Gaya
Lal, changed his party thrice in a single day. Also, the General Elections of 1967 saw a great number
of defections, as around 150 MPs flitted their political parties. However, an act tackling such
problems was passed by Parliament in the year 1985.
 With 52nd amendment to Indian Constitution, provisions regarding disqualification of the basis of
defection were inserted in the 10th schedule of the Indian Constitution.
 As per the provisions, the members can be disqualified on the following grounds:
 When members of a political party don't abide by his/her party leadership or voluntarily resigns
from the party.
 When members don't votes or refrains from voting according to his/her party whip.
 An Independent member stands disqualified if he/she joins a political party.
 For nominated members, if he/she is not a member of any political party, he/she if want, has to
join a political party within 6 months of nomination or membership stands canceled.
 However, voluntarily giving up membership has quite a broader meaning. In the case of Ravi Naik vs
Union of India, giving up membership doesn't necessarily mean resigning, but it can also be inferred
by the conduct of the member
 The chairman, in the case of Rajya Sabha and the Speaker, in the case of Lok Sabha has powers to
disqualify a member on grounds of defection.
 And, regarding complaints of Speaker/Chairperson involved in defecation, a member elected by the
house itself will take necessary actions regarding the same.
Exceptions: Mergers of political parties
Case reference: Ravi Naik vs Union of India — resignation not necessary, conduct can imply giving up
membership.

Vacation of seats
Constitution provides us with Article 101 in the Fifth part of the Indian Constitution.
 Thus, as envisaged under this Article, a member must vacate his/her seat if
 He/she is elected in both houses as this article clearly states that no person shall be chosen as
members in both the houses.
 He/she becomes a member of the Central legislature as well as a state legislature, then he must
vacate his seat in the house.
 He/she becomes subject to any of the disqualifications mentioned by Parliament
 He/she, without permission of the speaker, is absent from the house for a consecutive 60 days
 And, after a seat is vacated in either of legislative houses, polls are conducted to fill the vacancy.
Speaker and Deputy Speaker of Lok Sabha
 To preside over sessions of the house, the Speaker of the Lok Sabha is elected among the sitting
members of the house. He/she is generally elected in the first meeting of the Lok Sabha and serves a
 tenure of 5 years along with that particular Lok Sabha. And as normally practiced, the Speaker is a
member of the ruling party or alliance.
 Elected from among sitting MPs (usually from the ruling party).
 Tenure: 5 years (till the Lok Sabha’s term ends).
 Election process: Names proposed by MPs → notified to President → election (voting only if
more than one candidate).
 Powers & Functions:
o Decides whether a bill is a Money Bill.
o Maintains discipline and decorum in the House.
o Can punish MPs for disorderly conduct.
o Ranked 6th in order of precedence (equal to Chief Justice of India).
 Removal:
o By a resolution with effective majority (>50% of total members).
o Also removable under Representation of the People Act or if certifies a non-money bill
as a money bill wrongly.
Deputy Speaker
 Acts in absence of the Speaker.
 Elected from Lok Sabha members.
 Tenure: 5 years (or till ceasing to be MP).

 Regarding the election of the Speaker, sitting MPs proposes names and the same are notified to the
President of India.
 Then a date for the election is notified.
 Now, if only one name is proposed by the MPs, no formal voting happens but, in a case where a
proposal for more than one name shows up, a division vote is organized and the Speaker is chosen
accordingly.
 Inter alia (among other things), one of the main functions of a Speaker is to decide upon whether a
bill is a money bill or not.
 His/her function also includes maintaining decorum and discipline in the house and punishing those
who are not complying with his guidelines. Also, in the order of precedence, he/she is ranked 6th,
parallel to the Chief Justice of India.
 According to Article 94 and Article 96 of the Indian Constitution, a Speaker can be removed by a
resolution passed with an effective majority, i.e More the 50% of the members of the house.
 He/she can also be removed according to The Representation of the People Act and when a bill is
wrongly certified as a money bill by the Speaker.
 The Deputy Speaker of the Lok Sabha serves as a Number-Two, who in the absence of the Speaker
carries forward his roles and functions.
 He/she also has a tenure of 5 years and can leave the post midway if he/she ceases to be a member
of parliament.

Sessions of Parliament
 A session = period when either House meets to conduct business.
 President can summon either House; gap between two sessions ≤ 6 months.
 Parliament must meet at least twice a year (practically meets 3 times by convention).
  Three main sessions:
1. Budget Session → Feb–May
2. Monsoon Session → July–Sept
3. Winter Session → Nov–Dec
QUORUM
 The quorum means the minimum number of members required to be present in order to enable
the House to transact its business.
 The quorum of Lok Sabha is 1/10 of the total membership
 This means that the house cannot conduct its proceedings and pass bills and resolutions without
the presence of at least one-tenth of its total membership
 The speaker may adjourn the house or suspend the meeting until there is a requisite quorum
QUESTION HOUR
 The first hour on every working day of the Lok Sabha is reserved for questions, This is known as
Question Hour.
 The speaker can decide to cancel it, if requir
 It is intended to keep the functioning of the government open to scrutiny by the members
 Questions on matter of public interest can be asked
 A member has to give a notice atleast 10-days before asking the question
TYPES OF QUESTIONS
1. Stared Questions: These are answered orally. Supplementary questions can be asked after getting the
reply. 10 days notice needs to be given before asking these questions. These questions are indicated by
asterisk mark.
2. Unstarred Questions: These are answered in written form. No Supplementary questions can be asked
after getting the reply. 10 days notice needs to be given before asking these questions.
3. Short Notice Questions: These questions are asked on urgent & important matters. These questions
are asked with a notice shorter than 10 days. Minister is asked whether he can reply to the question at a
short notice and its upto him to accept or not to accept short notice questions.
ZERO HOUR
 The period which begins at 12 O' Clock i.e. after the Question Hour and continues till the Lunch
Break which begins at 1 O' Clock is called as Zero Hour.
 During this period, members raise all types of questions without any permission or prior notice.
 The presiding officer controls the House, when faced with heated discussions, charges and
countercharges and constan interruptions by the members.

MOTION: MEANING
A formal proposal made by a member, asking the House, to take up a matter of public importance is
termed as Motion.
Types of motion
ADJOURNMENT MOTION
 A proposal to keep aside all other business and take up a 'definite matter of urgent importance'
is called as Adjournment Motion.
 Example: Railway Accident, Natural Calamity or Communal Riots etc.
 Such a Motion leads to the interruption of normal business of the House
NO-CONFIDENCE MOTION
[12th Lok Sabha, the government headed by Shri Atal Bihari Vajpayee Lost just by one vote]
 A proposal initiated by the opposition, expressing lack of confidence in the Ministry is called as
No Confidence Motion..
 The council of Ministers is collectively responsible to the entire Lok Sabha including the
Opposition.
 No-Confidence in the government is moved by the opposition
 At least 50 members should support the motion.
 Speaker puts the motion to vote within 10days, if the motion is passed, then the Government
has to resign.

ADJOURNMENT & PROPOGATION

The Speaker can adjourn a Session of House:
 After the business of the day is over
 When death of a sitting/ex-member of the House occurs
 When there is extreme disorder in the House
 For want of quorum
 As & when the Speaker finds it necessary.
 Prorogation means termination of the session of the Parliament.
 A Speaker can Adjourn a House.
 However, only the President has the power to prorogate the session

Prorogation
 Meaning: Termination of a Parliament session.
 Process:
1. Presiding officer adjourns the House sine die (no fixed resumption date).
2. After a few days, Speaker/Chairperson issues a prorogation notice.
 Can happen even when the House is in session (Art. 85(2)).
Dissolution of Lok Sabha
 President has the power to dissolve Lok Sabha (Art. 85).
 Two situations:
1. Normal: After completing its 5-year term (recommended by ruling party leader).
2. Early: When Govt. loses majority and faces a floor test.
 Effect: Ends the term of that Lok Sabha (different from adjournment/prorogation).

Effect of Dissolution on the business pending in the House

 Articles 107 and 108 of the Indian Constitution deals with these situations.
 It states that whenever the Lok Sabha is dissolved, be it after completing its whole term or midway,
all the business, which includes bills, notices, petitions, motions, etc, do lapses.
 When a new Lok Sabha is elected and it begins with its sittings, all the motions, bills and notices
need re-introduction in the house.

Functions of the Parliament

From the gist of what our constitution provides, we may infer that Parliament is an institution that exerts
an amalgamation of executive and legislative authority.
 There are certain functions that the Parliament of India serves.
1. Legislation
 Main job = making laws (Articles 107–108).
 Ensures smooth running of government & welfare of the state.
2. Providing the Cabinet
 Parliament forms the cabinet (Council of Ministers) to aid the President.
 Cabinet is accountable to Lok Sabha, but members can be from Rajya Sabha too.
3. Control over the Cabinet
 Cabinet must maintain majority support in Lok Sabha (Art. 75(3)).
 If it loses majority → must resign.
4. Criticism & Evaluation of the Cabinet
 Both Houses can question, debate, and criticise government actions.
 Acts as a check to prevent dictatorship.
5. Financial Control
 Parliament controls all government spending & taxation.
 Raises revenue and allocates funds.

Types of Bills
Ordinary Bill
 Any bill that is not a money bill.
 Can start in either House.
 Introduced by minister or private member.
 President’s recommendation not needed.
 Rajya Sabha can amend/reject but can hold it for max 6 months.
Money Bill (Art. 110)
 Deals only with taxation/expenditure matters.
 Only in Lok Sabha, only by a minister.
 Needs President’s recommendation + Speaker’s certification.
 Rajya Sabha can only give suggestions (no power to amend/reject).
Financial Bill
 Contains provisions of Art. 110 plus other matters.
 Introduced only in Lok Sabha with President’s recommendation.
 Passed by both Houses (Rajya Sabha can amend).
Powers of Parliament – Simplified
1. Legislative Powers
 Union List – Can make laws on all 97 subjects in the Union List.
 Concurrent List – Can make laws on all 47 subjects in the Concurrent List.
 Residuary Powers – Can make laws on subjects not in any of the 3 lists.
 State List – Can make laws on 66 subjects in the State List:
o During Emergency.
o If two or more states request Parliament.
o If subject is of national importance (by Rajya Sabha resolution).
 Ordinances – President can issue when both Houses are not in session; must be
approved/rejected within 6 weeks of reassembly.
  Emergency – If constitutional machinery breaks down in a state, Parliament acts as the state
legislature.
2. Financial Powers
 Union Budget – Passed by Parliament.
 Supplementary Grants – Extra funds approved if budgeted amount is insufficient.
 Vote on Account – Allows govt. to withdraw funds before budget is passed (valid till budget
approval).
 Salaries – Decides salaries & allowances of MPs, MLAs, Ministers.
 Taxes – No tax can be imposed without Parliament’s approval.
3. Judicial Powers
 Impeachment of President – Can remove the President with majority in both Houses.
 Removal of Judges & Officials – Can remove Supreme Court/High Court Judges, Chief Election
Commissioner, etc.
 Punishment for Misconduct – Can punish people for obstructing Parliament’s work or showing
disrespect.
4. Electoral Powers
 President – Elected by Parliament + State Legislatures.
 Vice-President – Elected by Parliament.
 Speaker & Deputy Speaker – Elected by Lok Sabha.
 Deputy Chairman – Elected by Rajya Sabha.

Joint Sitting of Parliament (Article 108)

 In case of a deadlock between both, the houses of parliament regarding the passing of a bill, the
President of India may summon a joint sitting of both the houses.
 The joint sitting of both the houses is presided over by the Speaker of the Lok Sabha and in his
absence, the Deputy Speaker of the Lok Sabha discharges this function.
 Article 108 of the Indian Constitution provides provisions for this mechanism which breaks the
deadlock between both the houses.
 According to this Artcle, a joint session can be called upon only if:
1. A bill, after being passed out in one house, and the other house rejects it;
2. One of the houses doesn't accept the amendments passed by the other house;
3. When 6 months elapse, and the other house doesn't pass the bill.

There are some exceptions available to the Joint Sitting of the Houses:
1. Money Bill: According to the Constitution, Money bills only require approval from the Lok Sabha,
thus, in case of money bill the situation arises for a Joint Sitting of the Houses.
2. Constitutional Amendment Bills: A Constitutional amendment bill can be passed on through a
2/3rd majority of both the houses and doesn't have a provision for Joint Sittings in case of
disagreement between the houses.

President's Assent [Article 111]

According to Article 111 of the Indian Constitution, when a bill is passed by both the houses of the
Parliament it must be presented to the President and he/she needs to declare that he/she assents to the
bill or withholds assent.
Money Bill [Article 110]
 According to Article 110 of the Indian Constitution, a bill can be defined as a money bill if it deals
with imposition, abolition, alteration or regulation of any taxes and such bills can only be
introduced in the Lok Sabha and only by a member having a ministerial portfolio.
 It can only be introduced on the recommendation of the president.
 Also, it requires certification of the Lok Sabha Speaker, when transferred to the Rajya Sabha.
 If this bill is defeated in the Lok Sabha, the entire cabinet has to resign, and also, it can't be
returned for review by the President.
Financial Bills
Financial bills are quite similar to those of Money bills.
 To understand what a Financial bill is, we may assert that any such bill which carries some of the
provisions of Article 110 of the Indian Constitution relating to expenditure and taxation is a
financial bill,
 Such bills are introduced only in Lok Sabha on the recommendation of the President and it needs
to be passed in both the houses.

The distinction between Money Bills, Financial Bills and Bills involving expenditures
1. The major difference between a Money Bill and a Financial Bill is that Rajya Sabha can't amend
the Money bill but this is not the case with the Financial Bills.
2. Also, a Money Bill strictly deals only with the provisions as laid down in Article 110 of the Indian
Constitution while a Financial bill can also cover other provisions than taxation and expenditure.
3. A Money bill needs certification from the Speaker of the Lower House, while a Financial Bill
doesn't need any such certification.

Annual Financial Statement (Budget) [Article 112]

 The Annual Financial Statement or as often called, budget is an important document dealing
with the finances of a nation.
 Provisions relating to Budget are discussed in Article 112 of the Indian Constitution.
 The budget is presented in such a way that expenditure and receipts regarding fiscal and deficits
of the current year, the previous year and the year for which budget is presented.
 The Annual Financial Statement consists of three parts i.e Consolidated fund of India, Public
Account of India and Contingency Fund of India.
 It also includes an account of loans advanced by the government or the loans to be recovered by
it including borrowing from Reserve Bank of India.

Discussion and voting on Budget

 So, after a budget is proposed by the Finance Minister, it is followed by Extensive discussion in
the house and lastly, voting is done.
 The voting is done on the Demands of Grant.
 Demands of Grants basically mean expected spending by a particular department or ministry.
Now after this voting is done, the parliament happens to be in recess.
 After the recess is over, then all the standing committees submit their respect reports followed
by discussion and voting.
  This is all how discussion and voting are done during the tabling of the budget in the budget
session of parliament.
Presentation → Discussion → Voting on Demands for Grants (department-wise).
Parliament recess → Committees submit reports → Final discussion & voting.

Appropriation Bills
 After the discussions are over on budget and expenses, then an appropriation bill is tabled by
the government if it intends to withdraw funds from the Consolidated Fund of India.
 This is done when the government wants to withdraw the funds for expanding and meeting the
expenditure.
 It must be noted that this bill is introduced only in the Lok Sabha.
Supplementary Additional or Excess Grants [Article 115]
 Excess Grants are granted to the Government when the amount authorized for a particular service
by virtue of a law is found to be insufficient.
 These funds are granted by the President of India..
 The Constitution of India discusses this in Article 115 of part V.
 Also, when the actual expenditure incurred on a certain service or scheme is more than what was
allocated for the same, then the Comptroller and Auditor General takes action and brings notice to
the Parliament.
 After that, the respective ministers raise demand for excess grant and then the procedure regarding
the same is followed by voting and discussion.

General Rules of Procedure

 The General rules of procedure deal with the procedure and conduct to be followed in both the
houses. It lays down the parliamentary procedures and rules according to which the parliament must
function.
 It also lay down process according to which the parliament must table and pass a bill or other kinds
of legislation. It also deals with the structure and function of the standing committees on different
matters.
 These rules are fundamental for the genuine working and functioning of the Parliament.

Parliamentary Control over Financial Matters

 Financial matters in India are largely controlled by the Parliament. This control includes control
over revenue matters and expenditure related issues.
 As stated in the Constitution in Article 265, no tax can be collected or levied by the executive
authorities without any law supporting it. So, if tax is imposed upon anyone without having
legislative backing, then the person can go to court for redressal.
 As Parliament holds control over the Consolidated Fund of India, its control over the expenditure
is pivotal.
 As the Consolidated fund of India is the reservoir of all the expenses and finances of India, the
parliament thus exerts full control over expenditure.
Parliamentary Committees
 Parliamentary committees are made to ease the scrutinizing of the legislative and other matters
of the Parliament. Broadly, these committees can be classified as Standing committees, which
are permanent and ad hoc committees that are temporary and are constituted according to the
need.
 Among the standing committees, the estimates committee, public accounts committee and
public undertakings committees are the major ones.
 However, 17 different standing committees for different departments are also constituted for
easing the business. Some such committees are committees of petitions, a committee of
privileges, committee on papers laid, etc.
 While the Ad Hoc committees are more of temporary committees. These committees address
matters like committees on five-year plans, the joint committee on Bofors agreement,
committee on food management in the parliament, etc.
 Standing Committees (permanent):
 Estimates Committee
 Public Accounts Committee (PAC)
 Committee on Public Undertakings
 17 Department-related Committees
 Ad Hoc Committees (temporary, need-based):
 Committee on Five-Year Plans
 Committee on Food Management
 Joint Committee on Bofors

Language to be used in Parliament

 The official languages of India can be used in the Parliament of India, i.e. Hindi and English.
 Article 343 of the Indian Constitution provides for the official language of India. However, the
members can use any of the scheduled languages while in discussion or debate.
Restriction on discussion in Parliament
To keep the doctrine of Separation of Power intact, the Constitution of India forbids the Parliament to
legislate and discuss certain matters.
Article 121 discusses these provisions.
 This includes any discussion regarding the conduct of the judges of the Supreme Court or judges
of any of the High Courts. However, the discussion can happen in the question of the
impeachment of a judge.
 Courts not to inquire into proceedings of Parliament
 This may be seen as vice-versa provision of Article 121. Article 122 of the Constitution provides
for the provision that the courts can not inquire into the proceedings of the legislation.
 Also, any officer or member of the Parliament while exercising his powers endowed upon
him/her by parliament is not subject to the jurisdiction of any of the Courts.

The Comptroller and Auditor-General of India

 In the words of the architect of the Indian Constitution, Dr.B.R. Ambedkar, the Comptroller
 and Auditor-General of India is one of the most important officers which the Constitution
provides for as he/she looks after finances and expenditure by the Parliament.
  CAG of India is not accountable towards anyone but the public as he/she looks after the public
purse of the nation.
 Article 148 of the Constitution talks about the appointment of CAG and its oath. He/she also
derives authority from The Comptroller and Auditor General's (Duties, Powers and Conditions of
Service) Act, 1971.
Duties and Powers
The major duties and functions of the CAG, according to the Indian Constitution are:
1. All the accounts of Union Government and State Governments come under the ambit of Audit
by the CAG.
2. All the expenditures from the Contingency Fund and the Public Account are also audited by the
CAG.
3. CAG also audits all the expenditures and receipts by all the Government authorities and
Undertakings.
4. CAG can also audit account of the local bodies on request of the President or the Governor.
5. CAG also acts as a guide to the Public Accounts Committee in Parliament.

Conclusion
Therefore, in this exhaustive article about the Indian Parliament, we discussed almost all the aspects and
functions of the Parliament. Parliament is an essential political and constitutional institution that forms
the bedrock of values reflecting those of democracy and representation of people and thus is
fundamental in achieving the constitutional goals.

State Legislature (Articles 168 to 213)

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 obstacles in the
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) are 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 a 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 [Article 169]
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). or abolition of the Legislative Council,
the Legislative Assembly must pass a resolution that must be supported :
1. Supported by more than 50% of the total strength of the Assembly (absolute majority).
2. Supported by 2/3rd of the members present and voting (special majority).
 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] - Legislative Assembly (Vidhan Sabha)

 According to Article 170, there should be a Legislative Assembly in every State of India.
 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.
 Exceptions to the composition of the Legislative Assembly Mizoram, Sikkim, and Goa which has less
than 60 constituencies.
Article 172 – Duration of Legislative Assembly
 The L.A should work for a 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)- Composition [Article 171]
 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. The Legislative Council of Jammu and Kashmir has only 36 Member in
Legislative Council, unlike the other Legislative Council.
Exception: Jammu & Kashmir Legislative Council had only 36 members (before its reorganisation in
2019).
 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 [Article 173]

For the membership or for filling a seat in the legislature of the State,
1. 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.
2. 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.
3. 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.

Article 190 – Vacation of Seats in the State Legislature

(1) No Double Membership in the Same State
 A person cannot be a member of both Houses (Legislative Assembly and Legislative Council) of
the same State Legislature.
 If someone is elected to both, State law will decide which seat they must vacate.
(2) No Membership in Legislatures of Multiple States
 A person cannot be a member of the legislatures of two or more States at the same time.
 If elected in more than one State:
o The President’s rules will fix a time period for them to choose one seat.
o If they fail to choose, all their seats become vacant except one (the one they keep by
choice).
(3) Other Grounds for Vacating Seat
A member’s seat becomes vacant if:
(a) They become disqualified under Article 191(1) or 191(2) (e.g., holding an office of profit, unsound
mind, bankrupt, foreign citizenship, or disqualified under anti-defection law).
(b) They resign by giving a written resignation to the Speaker (if in Legislative Assembly) or Chairman (if
in Legislative Council).
 The resignation is valid only if the Speaker/Chairman accepts it.
 Important Proviso: If the Speaker/Chairman believes the resignation is not voluntary or genuine
(e.g., forced or fake), they can refuse to accept it.
(4) Absence Without Permission
 If a member does not attend any meetings of the House for 60 days without permission, the
House may declare their seat vacant.
 While calculating these 60 days:
o Time during which the House is prorogued (formally ended) or adjourned for more than
4 consecutive days is not counted.

Disqualifications of Membership [Article 191]

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]

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.

Article 193 – Penalty for sitting and voting without proper qualification or oath
 Scope:
This article imposes a penalty on any person who:
1. Sits or votes in the State Legislative Assembly or State Legislative Council before making
the oath or affirmation required under Article 188.
2. Sits or votes knowing that:
 They are not qualified to be a member, or
 They are disqualified for membership, or
 They are prohibited by any law made by Parliament or the State Legislature.
 Penalty:
₹500 for each day of such illegal sitting or voting.
The penalty is recoverable as a debt to the State government.
 Purpose:
To ensure only legally qualified and sworn-in members participate in legislative proceedings.
Article 194 – Powers, privileges, and immunities of State Legislatures and their members
1. Freedom of speech in the Legislature:
o Members of a State Legislature can speak freely in the House, subject to the
Constitution, rules, and standing orders.
o They cannot be taken to court for anything said inside the House.
2. Immunity from court proceedings:
o No member can be prosecuted for votes given or speeches made in the House or its committees.
o Protection also extends to official publications (reports, papers, proceedings) authorized by the
Legislature.
3. Unwritten privileges:
o The Legislature can define its own privileges by law.
o Until defined, the privileges remain the same as they were before the Constitution (44th
Amendment) Act, 1978.
4. Application to non-members with speaking rights:
o The same privileges apply to people who are allowed to speak in the House without
being members (e.g., the Advocate General of the State).
 Purpose:
Protects legislative independence, ensures free debate, and shields members from outside
influence or fear of legal action for House-related activities.

Article 195 – Salaries and allowances of members

 Entitlement:
Members of the Legislative Assembly (MLAs) and Legislative Council (MLCs) are entitled to
salaries and allowances.
 Determination:
o Fixed by the State Legislature by law.
o Until a law is made, members receive salaries and allowances as per the rates applicable
immediately before the Constitution came into force.
 Purpose:
Ensures that members are compensated for their public service and can perform their legislative
duties without financial hardship.

Sessions of the State Legislature [Article 174]

 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.
o He/ She can summon these bodies to meet at places and at such times which he/ she thinks fit
or appropriate.
o 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.
 o 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.

Article 175 – Right of Governor to Address and Send Messages

1. Address to the Legislature
 The Governor has the constitutional power to address:
o The Legislative Assembly (in a unicameral state), or
o Either House or both Houses together (in a bicameral state).
 For this purpose, the Governor can require the attendance of members.
o This means members are bound to attend when the Governor addresses the House.
2. Sending Messages
 The Governor can send written messages to the House(s) on any matter:
o This can be about a Bill pending in the Legislature, or any other matter of importance.
 The House that receives such a message is required to consider it with “all convenient dispatch”
— meaning without unnecessary delay.
Purpose:
 Ensures communication between the executive head of the state and the Legislature.
 Allows the Governor to convey the government’s views, recommendations, or requests for
legislative action.

Article 176 – Special Address by the Governor

1. When the Special Address Happens
 The Governor must address the Legislature:
o At the commencement of the first session after each general election to the Legislative
Assembly.
o At the commencement of the first session of each year (generally the Budget Session).
2. Purpose of the Address
 The address contains the reasons for summoning the Legislature.
 It is similar to the President’s address to Parliament at the Union level (Article 87).
 It usually outlines the government’s policies, priorities, legislative proposals, and developmental
plans.

3. Discussion of the Address

 Rules of procedure of the House(s) must provide for allotment of time to discuss the matters
mentioned in the Governor’s address.
 This discussion is often called the “Motion of Thanks” to the Governor’s address.
o Members can debate and even move amendments to the motion.

Article 177 – Rights of Ministers and Advocate-General Regarding the Houses

1. Right to Speak and Participate
 Every Minister and the Advocate-General of the State has the right to:
o Speak in either House of the Legislature (or both Houses in bicameral states).
 o Participate in the proceedings of the House or any of its committees (if they are
members of that committee).
2. Voting Rights
 They do not have the right to vote solely because of this Article.
o Example: The Advocate-General is not an elected member, so they cannot vote.
Purpose:
 Ensures that Ministers (who may be from either House) and the Advocate-General (as the state’s
top legal officer) can contribute to debates, explain government policies, and assist the
Legislature without necessarily being elected members of that House.
✅ Key Takeaway:
 Article 175 → Governor can communicate with the Legislature through addresses or messages.
 Article 176 → Special formal address at the start of legislative sessions after elections or yearly.
 Article 177 → Ministers & Advocate-General can participate in legislative work without voting
rights.

Speaker and Deputy Speaker [Article 178]

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.

Article 179 – Vacation, Resignation, and Removal of Speaker & Deputy Speaker
This article lays down the situations in which the Speaker or Deputy Speaker of a State Legislative
Assembly will leave office.
1. Vacation of Office
 A Speaker or Deputy Speaker must vacate his/her office if they cease to be a member of the
Legislative Assembly.
(Example: If they lose their Assembly seat in an election or are disqualified.)
2. Resignation
 The Speaker can resign in writing addressed to the Deputy Speaker.
 The Deputy Speaker can resign in writing addressed to the Speaker.

3. Removal from Office

 Can be removed by a resolution of the Assembly passed by a majority of the total members of
the Assembly (not just those present and voting).
 Notice period: At least 14 days’ notice is required before moving such a resolution.
Special Provision:
 If the Assembly is dissolved, the Speaker continues in office until before the first meeting of the
newly elected Assembly.

Article 180 – Acting Speaker

This article deals with who will perform the duties of Speaker when the Speaker is absent or the office is
vacant.
1. Vacancy in Office of Speaker
 If the Speaker’s post is vacant, duties are performed by the Deputy Speaker.
 If both Speaker and Deputy Speaker’s offices are vacant, the Governor appoints a member of the
Assembly to perform these duties.
2. Temporary Absence of Speaker
 If the Speaker is absent for a sitting:
o The Deputy Speaker presides.
o If the Deputy Speaker is also absent, the person determined by the Assembly’s rules of
procedure presides.
o If such a person is not present, the Assembly itself can choose someone to preside.

Article 181 – Speaker/Deputy Speaker Not to Preside During Removal Proceedings

This article ensures fairness during removal discussions.
1. No Presiding During Own Removal Motion
 If a resolution for removal of the Speaker is under consideration, the Speaker cannot preside,
even if present.
 If a resolution for removal of the Deputy Speaker is under consideration, the Deputy Speaker
cannot preside.
 In such cases, Article 180(2) procedure is followed (Deputy Speaker or another member
presides).
2. Right to Participate
 The Speaker or Deputy Speaker can speak and take part in the proceedings about their removal.
 Voting rights:
o Can vote in the first instance on the resolution or any matter related to it.
o Cannot use their casting vote in case of a tie (unlike normal situations under Article
189).
Powers and Functions of Speaker
1. Constitutional Position
 Article 178 of the Constitution provides for the office of the Speaker in every State Legislative
Assembly.
 The Speaker is elected by the members of the Legislative Assembly from among themselves.
 The position is similar in authority and dignity to the Speaker of the Lok Sabha (Article 93).
 The Speaker is not merely a presiding officer, but also the guardian of the dignity and privileges
of the House.
2. Presiding Over the Assembly
 Primary Function: To preside over and regulate the sittings of the Legislative Assembly.
 The Speaker decides the sequence of business, recognizes members to speak, and puts
questions to vote.
 Example: During heated debates, the Speaker ensures both ruling and opposition parties get a
fair chance to present their views.
 When the Speaker is absent, the Deputy Speaker presides over the session.
3. Deciding on Money Bills
  Under Article 110 (as applied to the state via Article 199), the Speaker has exclusive authority to
decide whether a Bill is a Money Bill.
 This decision is final and binding; it cannot be challenged in any court.
 Without the Speaker’s certification, a Money Bill cannot be introduced or processed as such.
 Example: The State’s annual budget bill requires Speaker’s certification as a Money Bill.
4. Voting Powers (Casting Vote)
 Normally, the Speaker does not vote on motions or bills.
 In the event of a tie, the Speaker casts the decisive (casting) vote.
 This ensures neutrality during regular voting but allows the Speaker to resolve deadlocks.
5. Quorum and Adjournment
 Quorum is the minimum number of members required to conduct business.
 If quorum is not met, the Speaker may:
o Adjourn the meeting.
o Suspend the sitting until quorum is present.
 Example: If members boycott the House, the Speaker may adjourn until order is restored.
6. Maintaining Order and Discipline
 The Speaker is the authority to maintain decorum in the House.
 Powers include:
o Naming a member for grossly disorderly conduct.
o Suspending or expelling members for violating House rules.
o Ordering members to withdraw from the House.
 Example: During chaos in the House, the Speaker can order marshals to remove a disruptive
member.
7. Control Over Legislative Procedure
 Decides on the admissibility of questions, motions, and resolutions.
 Determines which amendments are in order.
 Ensures rules of procedure (as framed under Article 208) are followed.
8. Financial Independence
 Salary and allowances are charged to the Consolidated Fund of the State, meaning they are not
subject to vote in the Legislature, ensuring the Speaker’s financial independence.
9. Neutral and Impartial Role
 Expected to be above party politics after election.
 Should ensure equal treatment to both treasury benches and opposition.
 Although originally elected as a party member, the Speaker’s conduct must be impartial.
10. Resignation and Removal
 Speaker can resign by writing to the Deputy Speaker.
 Can be removed by a resolution passed by a majority of all the then members of the Assembly
(Article 179(c)), but this requires at least 14 days’ notice.

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.
Article 182 – Chairman and Deputy Chairman of the Legislative Council
 Election:
 o In states having a Legislative Council (bicameral legislature), the members of the Council
elect two of their members —
1. Chairman – presiding officer of the Council.
2. Deputy Chairman – assists the Chairman and acts in his absence.
 Vacancies:
o If the office of Chairman or Deputy Chairman becomes vacant, the Council must elect
another member to fill the post as soon as possible.
Article 184 – Acting Chairman or Deputy Chairman
(1) Vacancy in Chairman’s Office
 Duties of the Chairman are performed by:
1. Deputy Chairman; or
2. If Deputy Chairman’s office is also vacant, the Governor appoints a member of the
Council to perform these duties.
(2) Absence from a Sitting
 If the Chairman is absent from a sitting, the Deputy Chairman presides.
 If both are absent, another person is chosen:
o Either as per rules of procedure of the Council; or
o If no such person is present, Council itself decides who will preside.

Article 183 – Vacation, Resignation, and Removal

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.

A person holding office as Chairman or Deputy Chairman will vacate his position in the following cases:
(a) Vacation due to loss of membership
 If the person ceases to be a member of the Legislative Council, he automatically ceases to hold
the office.

(b) Resignation
 Chairman can resign by writing to the Deputy Chairman.
 Deputy Chairman can resign by writing to the Chairman.
(c) Removal by Resolution
 They can be removed by a resolution passed by a majority of all the members of the Council
(absolute majority).
 Condition: At least 14 days’ notice must be given before moving such a resolution.

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.
Article 185 – Restrictions During Removal Proceedings
(1) Presiding Restriction
 If a resolution for removal of the Chairman is under consideration, he cannot preside over that
sitting (even if present).
 Same applies to the Deputy Chairman when his removal is being considered.
 In such cases, the procedure of Article 184(2) applies for deciding who will preside.
(2) Right to Speak and Vote
 During proceedings for his removal, the Chairman (or Deputy Chairman) has:
o Right to speak and participate in debates.
o Right to vote in the first instance (ordinary vote), but not a casting vote in case of a tie.
Key Points to Remember
 Similar to Rajya Sabha: The role of Chairman in a Legislative Council is comparable to the Vice-
President’s role as Chairman of Rajya Sabha.
 Absolute Majority Needed for Removal: This ensures stability of the office.
 Separation of Presiding Role During Removal: Maintains fairness and impartiality in
proceedings.

Article 186 – Salaries and Allowances

 The Speaker and Deputy Speaker of the Legislative Assembly, and the Chairman and Deputy
Chairman of the Legislative Council, get salaries and allowances.
 These amounts are decided by the State Legislature through law.
 Until such a law is made, they get salaries and allowances as mentioned in the Second Schedule
of the Constitution.

Article 187 – Secretariat of the State Legislature

1. Separate Secretariat Staff:
 Each House of the State Legislature (Assembly and Council) will have its own secretarial staff.
 Exception: In states with a Legislative Council, some posts can be common to both Houses.
2. Recruitment & Service Rules:
 The State Legislature can make laws to regulate recruitment and service conditions of this staff.
3. Until such a law is made:
 The Governor, after consulting the Speaker (Assembly) or Chairman (Council), can make rules
for recruitment and service conditions.
 These rules will remain in force until a law is passed by the State Legislature.

Article 188 – Oath or Affirmation by Members

 Every member of the Legislative Assembly or Council must take an oath or affirmation before taking
their seat.
 This is done before the Governor or a person appointed by the Governor.
 The wording of the oath is given in the Third Schedule of the Constitution.

Article 189 – Voting, Vacancies & Quorum

1. Voting:
o All questions are decided by majority vote of members present and voting.
o The Speaker/Chairman does not vote initially, but if there’s a tie, they have a casting vote.
2. Vacancies:
o The House can function even if there are vacant seats.
o Proceedings remain valid even if later it’s found that someone not entitled participated.
3. Quorum:
o Minimum members required: 10 members or 1/10th of total members, whichever is greater.
4. If Quorum Not Met:
o The Speaker/Chairman must adjourn or suspend the meeting until there is a quorum.

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 (the 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 vde 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.
o To make a grant for meeting an unexpected demand upon the resources of the State.
o 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 cannot inquire into proceedings of the Legislature.
Article 213 – Power of Governor to promulgate Ordinances during recess of Legislature
Article 213 gives the Governor the power to make laws in the form of Ordinances when the State
Legislature is not in session and immediate action is required.
It is similar to the President’s power under Article 123 at the Union level, but applies to State
Legislatures.

Key Provisions
1. When Governor Can Issue an Ordinance
 Can be issued only when Legislature is not in session:
o If the State has only a Legislative Assembly → when Assembly is not in session.
o If the State has both Legislative Assembly & Legislative Council → when both are not in
session.
 Governor must be satisfied that immediate action is necessary.
2. Restrictions (Governor cannot issue without President’s instruction if):
 The Bill with same provisions would have required President’s prior sanction before introduction.
 The Bill would have been reserved for President’s consideration.
 The Act would be invalid without President’s assent under the Constitution.
3. Status and Duration of Ordinance
 Has the same force as an Act passed by State Legislature.
 Must be placed before the Legislature:
o Will cease to operate after 6 weeks from the date Legislature reassembles, unless
approved earlier.
o If Legislative Assembly passes a resolution disapproving it → it ends immediately (if State
has a Council, the Council must also agree).
 Governor can withdraw an Ordinance at any time.
4. Calculation of 6 Weeks
 If both Houses reassemble on different dates → 6 weeks counted from later date.
5. Constitutional Validity
 If an Ordinance contains provisions that would be invalid in a State law, it will also be invalid.
 But if issued with President’s instructions in a Concurrent List matter conflicting with
Parliament’s law → it is treated as if it had President’s assent.

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.