Constitution of India | LLB Entrance Notes

State Legislature: Composition, Sessions, Quorum, Members and Ordinances

Part VI, Chapter III of the Constitution of India deals with the State Legislature. Articles 168-212 cover its composition, officers, conduct of business, membership, privileges, legislative procedure and related matters. Article 213 in Chapter IV confers the Governor's ordinance-making power during recess of the State Legislature.

Article 168 - Constitution of Legislatures in States

Every State has a Legislature consisting of the Governor and either one House (the Legislative Assembly) or, where the State has a bicameral Legislature, two Houses: the Legislative Assembly and the Legislative Council.

Legislative Councils presently function in Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.

Article 169 - Creation or Abolition of a Legislative Council

Parliament may by law create a Legislative Council in a State or abolish an existing Council if the State Legislative Assembly first passes a resolution:

• by a majority of the total membership of the Assembly; and
• by a majority of not less than two-thirds of the members present and voting.

A law made by Parliament for this purpose is not treated as a constitutional amendment for the purposes of Article 368.

Article 170 - Composition of Legislative Assemblies

Subject to the constitutional exceptions and special provisions, the Legislative Assembly of a State consists of not more than 500 and not less than 60 members, chosen by direct election from territorial constituencies.

Article 171 - Composition of Legislative Councils

The total membership of a State Legislative Council cannot exceed one-third of the total membership of the Legislative Assembly and, under the general constitutional rule, cannot be fewer than 40 members.

The Constitution broadly allocates Council membership through:

• local authorities constituencies;
• graduates' constituencies;
• teachers' constituencies;
• election by members of the Legislative Assembly; and
• nomination by the Governor of persons with special knowledge or practical experience in specified fields.

Article 172 - Duration of State Legislatures

A Legislative Assembly normally continues for five years from the date appointed for its first meeting unless sooner dissolved.

While a Proclamation of Emergency is in operation, Parliament may extend the Assembly's term by law for a period not exceeding one year at a time, but not beyond six months after the Proclamation has ceased to operate.

A Legislative Council is a continuing House and is not subject to dissolution. As nearly as possible, one-third of its members retire every second year.

Article 173 - Qualification for Membership

A person must satisfy the constitutional qualifications, including:

• citizenship of India and the prescribed oath or affirmation;
• minimum age of 25 years for a Legislative Assembly seat;
• minimum age of 30 years for a Legislative Council seat; and
• other qualifications prescribed by or under a law made by Parliament.

Article 174 - Sessions, Prorogation and Dissolution

The Governor summons the House or each House of the State Legislature. The Constitution requires that six months shall not intervene between the last sitting of one session and the first sitting of the next session.

The Governor may prorogue the House or either House and may dissolve the Legislative Assembly. A Legislative Council is not dissolved.

Articles 175-177 - Governor, Ministers and Advocate-General

Article 175 - Governor's Right to Address and Send Messages

The Governor may address the Legislative Assembly or, in a bicameral State, either House or both Houses assembled together, and may send messages to the House or Houses.

Article 176 - Special Address by the Governor

The Governor addresses the Legislative Assembly, or both Houses assembled together where there is a Legislative Council, at the commencement of the first session after each general election to the Assembly and at the commencement of the first session of each year.

Article 177 - Rights of Ministers and Advocate-General

Every Minister and the Advocate-General of the State may speak and otherwise take part in proceedings of the Assembly and, where applicable, both Houses and relevant committees, but Article 177 by itself does not confer a right to vote.

Articles 178-181 - Speaker and Deputy Speaker of Legislative Assembly

Article 178 - Election of Speaker and Deputy Speaker

Every Legislative Assembly chooses two of its members to be the Speaker and Deputy Speaker.

Article 179 - Vacation, Resignation and Removal

• They vacate office on ceasing to be members of the Assembly.
• The Speaker resigns to the Deputy Speaker; the Deputy Speaker resigns to the Speaker.
• Removal requires a resolution passed by a majority of all the then members of the Assembly.
• At least 14 days' notice is required before moving a removal resolution.

Article 180 - Acting Speaker

When the office of Speaker is vacant, the Deputy Speaker performs the duties. If both offices are vacant, a member appointed by the Governor performs them. The Article also deals with presiding during absence from a sitting.

Article 181 - Removal Motion Pending

The Speaker or Deputy Speaker does not preside while a resolution for that person's removal is under consideration. The constitutional voting rule applicable in that situation should be read with Article 181(2).

Articles 182-185 - Chairman and Deputy Chairman of Legislative Council

Articles 182-185 make broadly corresponding provisions for the Chairman and Deputy Chairman of a Legislative Council.

• Article 182: election of Chairman and Deputy Chairman.
• Article 183: vacation, resignation and removal; removal requires a majority of all the then members of the Council and at least 14 days' notice.
• Article 184: performance of duties when the office is vacant or the presiding officer is absent.
• Article 185: the Chairman or Deputy Chairman does not preside while a resolution for that person's removal is under consideration.

Articles 186-188 - Salaries, Secretariat and Oath

Article 186: salaries and allowances of the Speaker, Deputy Speaker, Chairman and Deputy Chairman.

Article 187: secretarial staff of the State Legislature.

Article 188: every member must make and subscribe the prescribed oath or affirmation before taking the seat in the House.

Article 189 - Voting, Vacancies and Quorum

Unless the Constitution otherwise provides, questions at a sitting are decided by a majority of members present and voting, excluding the Speaker or Chairman or person acting as such. The presiding officer ordinarily does not vote in the first instance but has a casting vote when votes are equal.

Until a State Legislature otherwise provides by law, quorum is 10 members or one-tenth of the total membership of the House, whichever is greater. If there is no quorum, the presiding officer must adjourn the House or suspend the meeting until quorum is present.

Article 190 - Vacation of Seats

Article 190 deals with membership of both Houses, membership of Legislatures of more than one State, resignation, disqualification and absence.

If a member is absent without permission from all meetings of the House for 60 days, the House may declare the seat vacant. In calculating the 60 days, periods during which the House is prorogued or adjourned for more than four consecutive days are excluded.

Article 191 - Disqualification for Membership

Constitutional grounds include:

• holding a disqualifying office of profit;
• being of unsound mind and so declared by a competent court;
• being an undischarged insolvent;
• loss or absence of the required Indian citizenship status or specified foreign allegiance;
• disqualification by or under a law made by Parliament; and
• disqualification under the Tenth Schedule (anti-defection law).

Article 192 - Decision on Certain Disqualifications

Where a question arises whether a member has become subject to a disqualification under Article 191(1), the question is referred to the Governor. Before deciding it, the Governor must obtain the opinion of the Election Commission and act according to that opinion.

Article 193 - Penalty for Sitting or Voting When Not Entitled

A person who knowingly sits or votes before complying with Article 188, or while not qualified or disqualified, is liable to the constitutional monetary penalty for each day of such sitting or voting.

Article 194 - Powers, Privileges and Immunities

Subject to the Constitution and the rules and standing orders regulating legislative procedure, there is freedom of speech in the Legislature of every State. Members enjoy constitutional immunity from court proceedings for anything said or any vote given in the Legislature or its committees, subject to the scope of Article 194.

Article 195 - Salaries and Allowances of Members

Members of the Legislative Assembly and Legislative Council receive salaries and allowances as provided by the Legislature of the State by law, subject to the constitutional framework.

Article 213 - Governor's Power to Promulgate Ordinances

Article 213 empowers the Governor to promulgate an Ordinance when the constitutional conditions are satisfied and circumstances exist which make immediate action necessary.

In a unicameral State, the power is unavailable while the Legislative Assembly is in session. In a bicameral State, it is unavailable while both Houses are in session. In specified circumstances, the Governor cannot promulgate an Ordinance without instructions from the President.

An Ordinance has the same force and effect as an Act of the State Legislature assented to by the Governor, but it must be laid before the Legislature and ordinarily ceases six weeks after reassembly, unless it ceases earlier under Article 213. It may be withdrawn at any time by the Governor.

Judicial Review and Re-promulgation of Ordinances

Ordinance-making is subject to constitutional limitations and judicial review. In D.C. Wadhwa v. State of Bihar, the Supreme Court strongly disapproved repeated re-promulgation of Ordinances as a substitute for legislation. In Krishna Kumar Singh v. State of Bihar, a seven-Judge Bench reaffirmed that ordinance-making is an exceptional constitutional power and that repeated re-promulgation cannot be used to bypass the Legislature.

Article 123 - Related Union Provision

Article 123 gives the President a corresponding ordinance-making power during recess of Parliament. For State-legislature questions, however, the directly applicable provision is Article 213.

Important Articles at a Glance

These notes are intended for legal education and examination revision. For exact constitutional language, amendments and authoritative interpretation, consult the current official Constitution of India and Supreme Court judgments.