State Legislature

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