The organization of state legislatures in India varies between unicameral and bicameral systems depending on the state. Here's a closer look at how state legislatures are structured, as well as the procedures and responsibilities surrounding the legislative process and the president's assent:
Structure of State Legislatures:
- Unicameral System: In most Indian states, the state legislature is unicameral, consisting of the Governor and the Legislative Assembly (Vidhan Sabha).
- Bicameral System: Six states (Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka) have bicameral legislatures. These consist of the Governor, the Legislative Assembly (Vidhan Sabha), and the Legislative Council (Vidhan Parishad), which serves as the upper house.
- Creation and Abolition of Legislative Councils: The Constitution allows for the creation or abolition of legislative councils in states. This requires a resolution by the state's Legislative Assembly passed by a special majority, which then leads to an Act of Parliament for the abolition or creation of the legislative council.
Procedures:
- The legislative processes in state legislatures are generally similar to those in Parliament, with sessions, rules of procedures, and committees.
Assent of the President:
- Governor's Role: When a bill is passed by the state legislature, it is sent to the Governor for assent. In certain situations, the Governor may reserve the bill for the consideration of the President.
- President's Role: When a bill is reserved for the President's consideration, the President can:
➤ Give assent to the bill.
➤ Withhold assent to the bill.
➤ Return the bill for reconsideration of the House or Houses of the state legislature.
- Reconsideration: If a bill is returned, the House or Houses must reconsider it within six months. After reconsideration, the bill can be passed again with or without amendments and presented again to the President for assent.
- President's Assent: The Constitution does not specify whether it is obligatory for the President to give assent to a bill that has been reconsidered and passed again by the state legislature. This is a matter of presidential discretion.
Additional Points:
- Legislative Council: In bicameral legislatures, the Legislative Council serves as the upper house, providing a second review of legislation passed by the Legislative Assembly.
- Legislative Assembly: The Legislative Assembly is the lower house in bicameral states and the only house in unicameral states. It is the primary body for lawmaking in the state.
Overall, the system of state legislatures in India is designed to allow state-level legislative bodies to function efficiently and in accordance with the needs of the state, with the Governor and the President playing specific roles in the legislative process.
State Legislature : Composition and Duration of Houses (1)
State Legislature : Membership
Presiding Officers of Legislative Assembly
Presiding Officers of Legislative Council
40th BPSC
Q. In any State of India, Legislative Council can be created or can be abolished by –
A. the Parliament
B. the Parliament as per Resolution passed by the Legislative Assembly of the State
C. The Governor on the recommendation of the Council of Ministers
D. None of the above
