Points to Remember:
1. The parliament can abolish legislative
council or create it, if the legislative assembly of that state passes a resolution
to that effect.
2. The size of legislative council
depends upon the size of assembly of that state & it can’t be more than one
third of total strength of legislative assembly & minimum it should be 40.
3. 1/6 members of total members of
legislative council are nominated by the governor.
4. The term of legislative assembly of
j&k is six years under its own state
constitution
5. Resolution to remove Speaker of
assembly can be moved only after giving 14 days advance notice.
6. Speaker decides whether bill is money
bill or not and his decision on this question is final.
7. Salaries of speaker & chairman are
charged on the consolidated fund of the state.
8. On the dissolution of assembly :-
a.
A
bill pending in the assembly lapses.
b.
A
bill passed by assembly but pending in the council lapses
c.
A
bill pending in the council but not passed by assembly does not lapse
d.
A
bill passed by the assembly or passed by both the houses but pending assent of
governor or the president doesn’t not lapse.
e.
A
bill passed by both the house & returned by the president for
reconsideration of House does not lapse.
9.
If the assembly rejects the amendment suggested by the council or
council rejects the bill altogether or the council does not take any action for
three months, then the assembly may pass the bill again and transmit the same
to council, If the council rejects the bill again or passes the bill with
amendments not acceptable to the assembly or does not pass the bill within one month,
then the bill is deemed to have been passed by both the houses in the form it
was passed by the assembly for the second time.
10. Ultimate power regarding the bill is
vested in assembly , at most council can delay the bill for the period of 4
month(3 month first time & one month second time)
11. When a bill which has originated in
the council and was sent to assembly, is rejected by the assembly , the bill
ends & becomes dead.
12. A money bill cant be introduced in the
legislative council, it can be introduced in the legislative assembly only.
13. When a bill is returned by the
president for reconsideration of the house , houses have to reconsider it
within a period of six months.
14. Legislative council has restriction on
money bill passed by legislative assembly, council cant reject or cant amend
the money bill, it can only make recommendation & must return the bill to
the legislative assembly within 14 days.
15. President cant return the money bill
if it is reserved for president’s assent, he can assent or withhold the bill.
16. The constitution does not provide for the mechanism of joint sitting of
two houses of state legislature to resolve a deadlock between them over passage
of a bill, but the constitution provides for the mechanism of joint sitting of
two houses of the parliament to resolve a deadlock between them over passage of
a bill.
17. Money bill can be introduced only by a
minister not by a private member.
18. The council can only discuss the
budgets but can’t vote on demands for grants.
19. The council can not remove the council
of ministers by passing a no-confidence motion. This is because the council of
ministers is collectively responsible only to the assembly.
20. Members of Each house of the state legislatures cannot be
arrested during the session of the state legislature and 40 days before the beginning
& 40 days after the end of such session .This privilege is available only
in civil cases.
21. Members of Each house of the state legislatures are exempted
from jury service, they can refuse to give evidence and appear as a witness in
a case pending in a court when state legislature is in session
