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State Legislature

Part 6 Chapter 3

 

Article 168 Constitution of Legislatures in States

- Governor and

- Legislative Assembly or

- Legislative Council and Legislative Assembly

Andhra Pradesh, Bihar, Telangana, Karnataka, Maharashtra, Uttar Pradesh

 

Article 169 Abolition / Creation of legislative councils in India

- Parliament

 

Article 170 Composition of Legislative Assemblies

60-550

 

Article 171 Composition of Legislative Councils

40 - 1/3 (LA)

 

Article 172 Duration of State Legislatures

(i) 5 Years LA

Emergency 1 year, 6 months from end of emergency

(ii) 1/3 2 years LC

 

Article 173 Qualification for membership of State Legislative

(1) Citizen + EC oath

(2) LC 30 years, LA 25 Years

(3) Further conditions can be added by parliament

 

Article 174 Sessions of State Legislature. Prorogation and dissolution

Summon - calling

Governor - discontinuing without dissolution

Dissolution - over

Maximum gap between 2 meetings - 6 Months

 

Article 175 Right of Governor to address and send messages to the house or houses

 

Article 176 Special address by the Governor

 

Article 177 Rights of Ministers and Advocate General

 

 

 

Article 178 The Speaker and Deputy Speaker of the Legislative Assembly Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speakers thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be

 

Article 179 Vacation and resignation of and removal from, the offices of Speaker and Deputy Speaker

Vacation -> Ceases to be member

Resignation -> Speaker to Deputy Speaker, Deputy Speaker to Speaker

Removal

1. 14 days notice

2. 51% Resolution

3. Simple Majority

 

Article 180 Power of Deputy Speaker or other person to perform the duties of the office of or to act as speaker

- Speaker -> Deputy Speaker

- Deputy Speaker -> MLA

 

Article 181 Speaker of the Deputy Speaker not to preside while a motion for his removal from office is under consideration

 

Article 182 The Chairman and Deputy Chairman of Legislative Council

 

Article 183 Vacation and resignation of, and removal from the offices of Chairman and Dy. Chairman.

Vacation -> ceases to be member

Resignation -> Chairman to Deputy Chairman, Deputy Chairman to Chairman

Removal -> 1. 14 days notice

2. 51% (resolution)

3. Simple Majority

 

Article 184 Powers of Deputy Chairman or other person to perform the duties of the office or to act as chairman

In the Absence of Chairman - Deputy Chairman

In the absence of Chairman, Deputy Chairman, MLC

 

Article 185 Chairman and Deputy Chairman not to preside while a resolution for the removal from office is under consideration.

Casting vote, note to preside

 

Article 186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

 

Article 187 Secretariat of State Legislature

 

Article 188 Oath

 

Article 189 Voting in Houses

Power of houses to act not withstanding vacancies and quorum

- Casting vote only if draw

- Quantum 1/10

- Adjourning if no quorum

 

Article 190 Vacation of Seats

- 1 House

- 1 State

60 days seat vacant

 

Article 191 Disqualification of Membership

(i) Office of Profit

(ii) Unsound mind

(ii) Insolvent

(iv) Not citizen of India

(v) Disqualification by Parliament

(vi) Defection, 10th Schedule

 

Article 192 Decision on questions as to disqualification of members

 

Article 193 Penalty for sitting and voting before making oath/ affirmation under article 188, or when not qualified or when disqualified

 

Powers, privileges, etc, of the House of Legislatures and of the members and committees thereof

 

Article 195 Salaries and allowances of Members

 

Article 123 Power of President to promulgate Ordinances during recess of Parliament

Temporary Law, Executive order

 

Article 213 Governor

6 Month + 6 week - New House taking time to settle

Maximum duration between two house meetings

Ordinance can be withdrawn anytime by President

 

Ordinance

Valid

When None in session or only one in session

Void

While both the houses in Session

Ordinance can be challenged in Supreme Court

1. A. K. Roy Vs Union of India, 1970

Ordinance is not under the scope of judiciary

2. R. C. Hupar Vs Union of India, 1970

- Only immediate action ordinance is constitutional

- Ordinance can be challenged

 

R C Hupar Vs Union of India

D C wadhwa Vs State of Bihar

Krishnakumar Vs State of Bihar 

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