SESSIONS AND PRIVILEGES OF STATE LEGISLATURE

Polity

Sessions of State Legislature

Summoning
• Governor summons the Houses; must meet at least twice a year.
• Members must be present for legislative business.

Adjournment
• Presiding officer suspends sitting for hours/days/weeks.
• Adjournment sine die = meeting postponed without fixing a day.

Prorogation
• Governor ends a session after adjournment sine die.
• Can prorogue even when the House is in session.
• Prorogation ends both sitting and session; adjournment ends only the sitting.
• Time between prorogation and reassembly = recess.

Dissolution
• Only Legislative Assembly can be dissolved (LC is permanent).
• Dissolution on:
  – Completion of 5-year term.
  – Loss of majority of ruling party.
  – Recommendation of Council of Ministers.
  – Governor may invite alternate majority or dissolve.

Quorum
• Minimum = 10 members or one-tenth of total strength, whichever is higher.
• Presiding officer adjourns if quorum not met.

Voting in the House
• Ordinary bills pass by simple majority of members present and voting.
• Special majority required where Constitution prescribes.
• Speaker has casting vote in case of tie.

Language
• Business conducted in state’s official language(s) or Hindi/English.
• Presiding officer may permit member to speak in mother-tongue.

Rights of Ministers & Advocate General
• Right to speak and participate in either House/committees.
• No right to vote unless they are members.

Legislative Procedure
Ordinary Bill
1. Introduction
• May be introduced by minister or any MLA.
• In bicameral states, bill introduced in either House.

2. Passage in First House
• First reading, committee stage, consideration stage, third reading.

3. Passage in Second House
• Council may:
  – Pass the bill.
  – Reject the bill.
  – Keep it pending for 3 months.
  – Return with recommendations.

• If Assembly passes again:
  – Council can delay only 1 month.
  – After that, bill is deemed passed by Assembly.
• No joint sitting at state level.

Governor’s Assent (Article 200)
• Options:
  – Assent → Becomes Act.
  – Withhold assent.
  – Return (except money bill) for reconsideration.
  – Reserve for President.

President’s Assent (Article 201)
• Options:
  – Assent.
  – Withhold assent.
  – Return for reconsideration (not money bill).
• Constitution silent on whether assent is mandatory after reconsideration.

Money Bill (Article 199)
• Introduced only in Assembly with Governor’s recommendation.
• Introduced only by a minister.
• Council can only discuss and recommend within 14 days.
• Assembly may accept/reject recommendations.
• Governor may assent/withhold or reserve for President.
• President may assent/withhold.
• Neither can return for reconsideration.

Role of Legislative Council (LC)
Equal Powers
• Introduction & passage of ordinary bills (Assembly prevails in disagreement).
• Approval of Governor’s ordinances.
• Participation in minister selection.
• Discussion of constitutional body reports (SFC, SPSC, CAG).
• Expansion of SPSC jurisdiction.

Unequal Powers
• Money Bills:
  – Cannot be introduced in LC.
  – LC cannot amend/reject; only recommend.
  – Must return in 14 days.
• Ordinary Bills:
  – LC can delay for max 4 months.
• No role in:
  – Election of President.
  – Election of Rajya Sabha members.
  – Ratification of Constitutional Amendments.
• Existence of LC depends on Assembly.

Privileges of State Legislature
Collective Privileges
• Right to publish proceedings and prohibit others.
• Right to exclude strangers; hold secret sittings.
• Make rules of procedure.
• Punish members/outsiders for breach of privilege.
• Right to immediate information on arrest/detention of members.
• Freedom from judicial inquiry into proceedings.
• No arrest in precincts without permission.
• Power to summon witnesses, call for records.

Individual Privileges
• Freedom from arrest in civil cases during session + 40 days before/after.
• Freedom of speech; not liable for anything said or vote given.
• Exempt from jury service; may refuse to appear as witness during session.

Comparison: Delhi vs State Legislature
• CM appointed by President, not LG.
• Ministers appointed by President on advice of CM.
• Ministers hold office during President’s pleasure.
• Delhi Assembly cannot legislate on:
  – Public order
  – Police
  – Land
• Parliament’s laws prevail over Delhi laws.
• LG must refer matters of disagreement to President.

For more related content, explore the links below:

PDF File:

No PDF attached

Subject: Polity

← Back
Chat on WhatsApp