State Legislature in India

Part 1: State Executive in the Indian Constitution

Overview of the State Executive

• Articles 153 to 167 in Part VI of the Constitution deal with the state executive.
• The state executive consists of the Governor, the Chief Minister, the Council of Ministers, and the Advocate General of the state.
• Usually, there is a governor for each state, but the 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a Governor for two or more states.
• The Governor is the nominal executive authority (de jure), while the Chief Minister and Council of Ministers are the real executive authority (de facto).

The Governor

Appointment and Tenure:

• The Governor is appointed by the President by warrant under his hand and seal.
• He holds office for a term of five years from the date on which he enters upon his office.
• He can resign at any time by addressing a resignation letter to the President.
• He holds office during the pleasure of the President. (The Supreme Court in B.P. Singhal vs. Union of India (2010) held that this pleasure is not absolute but subject to rare and compelling circumstances.)

Qualifications for Appointment as Governor (Value Addition):

• He must be a citizen of India.
• He must have completed the age of 35 years.
• (By convention) He should not belong to the state where he is appointed.
• (By convention) The President is generally required to consult the Chief Minister of the state concerned before making the appointment.

Powers and Functions:

Executive Powers:

• All executive action of the state government is expressed to be taken in the name of the Governor.
• Appointments:
  • The Chief Minister and other ministers of the state. The Governor has to appoint the leader of the party having an absolute majority in the legislative assembly as the Chief Minister. However, in case of no party having a clear-cut majority in the House, the Governor may use his discretion.
  • Advocate-General.
  • Chairman and members of the State Public Service Commission (though removal is by President).
  • Members of the subordinate judiciary (District Judge and below).
  • Vice-Chancellors of state universities. The Governor is the Chancellor of the universities run by the state.
  • Though the Governor has no power to appoint the Judges of the State High Court, he may be consulted by the President in such appointments.
• He can seek any information from the Chief Minister regarding the administration of the state.
• He can recommend President's Rule in the state (Article 356).
• He acts as an agent of the Central Government during President's Rule.

Legislative Powers:

• He is a part of the legislature (Art. 168). He performs the following legislative functions:
• To summon, prorogue, and dissolve the legislative assembly.
• Right to address the legislature and to send messages to it.
• No Bill can become a law unless the Governor gives assent to it. He can give his assent, withhold his assent, or use the pocket veto on a state Bill.
• He nominates one member of the Anglo-Indian community to the state assembly (provision removed by 104th Amendment Act, 2019).
• He nominates one-sixth of the members of the legislative council from among persons having special experience in art, science, literature, social service, or cooperative sectors (Article 171).
• He can issue Ordinances when the state legislature is not in session (Article 213). These ordinances have the force of an Act of the state legislature but must be approved by the legislature within six weeks of its reassembly. He can withdraw an ordinance at any time.

Financial Powers:

• He causes to be laid before the legislature an annual financial statement (Art-202), i.e., the state budget.
• A Money Bill cannot be introduced in the State Legislative Assembly without the prior permission of the Governor.
• The annual and supplementary budgets are introduced in the Assembly in the name of the Governor.
• No demand for grant can be made except on his recommendation.
• The Governor has control over the State Contingency Fund; without his assent, the fund cannot be drawn upon.

Judicial Powers (Article 161):

• He is consulted by the President while appointing judges to the State High Court.
• According to Article 161, the Governor possesses the power to suspend, remit, or commute the sentence of any person convicted of any offense against any law to which executive power of state extends.
• Pardon (except death sentence and court-martial sentences), Reprieves, Respite, Remission, Commutation.

Assent to Bills (Article 200 and 201):

• Article 200 (Governor's Options): When a Bill has been passed by the Legislature of a State, it shall be presented to the Governor who may:
  • Give assent to the Bill (the Bill becomes an Act).
  • Withhold assent.
  • Return the Bill to the Legislature for reconsideration (Suspensive veto). If the Bill is passed again by the Legislature with or without amendments, the Governor must give assent.
  • Reserve the Bill for the consideration of the President.
• Article 201 (President's Options on Reserved Bills):
  • When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent.
  • In the case of a Money Bill, the President shall declare either that he assents to the Bill or that he withholds assent. He cannot return a Money Bill for reconsideration.
  • In other Bills, he may return the Bill for reconsideration. If the state legislature passes the bill again and sends it to the President, the President is not bound to give his assent. He can give assent or withhold assent again. Thus, the President has an absolute veto over state bills reserved for his consideration.
  • Also, there is no time limit within which the President should take a decision on a reserved bill.
  • There have been instances where Bills have been pending with the President for periods up to six years or more.
  • The most recent Bill to be reserved by the Governor for Presidential assent is the GUJCOC Bill (Gujarat Control of Organised Crime Bill) for which the President has expressed the need for three changes and returned it.

Discretionary Powers of the Governor (Article 163):

• Art. 163 states that there shall be a Council of Ministers headed by the Chief Minister to aid and advise the Governor, except in so far as he is required to exercise his functions or any of them in his discretion.
• The validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
• The decision of the Governor on whether a matter falls within his discretion is final.
• There are two types of situations in which the Governor is expected to use his discretion:
  • Those which are implied by the nature of parliamentary democracy.
  • Those where the Constitution has expressly imposed special responsibility on the Governor.

Special Responsibility of Governor:

The Constitution places some special responsibilities on the Governor, where he acts in his discretion or judgment, even against the advice of the Council of Ministers:

• Art. 371 (1) - Special responsibility of the Governor of Maharashtra and Gujarat for the establishment of development boards for Vidarbha, Marathwada, Saurashtra, and Kutch, etc.
• Art. 371A - Special responsibility of the Governor of Nagaland with respect to law and order so long as internal disturbances occur in some area of the state. To establish a regional council for Tuensang district to arrange for equitable allocation of money between Tuensang district and the rest of Nagaland.
• Art. 371C (1) - Special responsibility of the Governor of Manipur to secure the proper functioning of a committee of the members of the legislative assembly consisting of the members representing the hill area.
• Art. 371F (g) - Special responsibility of the Governor of Sikkim for peace and for an equitable arrangement for ensuring the advancement of different sections of the population of Sikkim.
• Art. 371H (a) - Special responsibility of the Governor of Arunachal Pradesh with respect to law and order.
• The 6th Schedule - The Governor of Assam shall determine the amount payable by the State of Assam to the district council as royalty accruing from licenses for minerals.
• Other articles like Article 371-I (Goa) and Article 371J (Karnataka) also contain special provisions.

Chief Minister in the Parliamentary System

Appointment:

• The Constitution does not specify any specific procedure for the selection and appointment of the Chief Minister.
• Article 164 says that the Chief Minister shall be appointed by the Governor.
• The Governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.
• But, when no party has a clear majority in the assembly, then the governor may exercise his personal discretion in the selection and appointment of the Chief Minister.
• He can give to that individual six months to get majority support.
• A person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which time he should be elected to the state legislature, failing which he ceases to be the Chief Minister.

Powers and Functions of Chief Minister:

In Relation to Council of Ministers:

• The Governor appoints only those persons as ministers who are recommended by the Chief Minister.
• He allocates and reshuffles the portfolios among Ministers.
• He can ask a Minister to resign or advise the Governor to dismiss him in case of difference of opinion.
• He presides over the meetings of the Council of Ministers and influences its decisions.
• He guides, directs, controls, and coordinates the activities of all the Ministers.
• He can bring about the collapse of the Council of Ministers by resigning from office. Since the Chief Minister is the head of the Council of Ministers, his resignation or death automatically dissolves the Council of Ministers. The resignation or death of any other minister, on the other hand, merely creates a vacancy, which the Chief Minister may or may not like to fill.

In Relation to the Governor:

• He is the principal channel of communication between the Governor and the Council of Ministers.
• It is the duty of the Chief Minister:
  • To communicate to the Governor of the state all decisions of the Council of Ministers relating to the administration of the affairs of the state and proposals for legislation.
  • To furnish such information relating to the administration of the affairs of the state and proposals for legislation as the Governor may call for.
  • If the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
  • He advises the Governor with regard to the appointment of important officials like Advocate General, Chairman and members of the State Public Service Commission, State Election Commissioner, and so on.

In Relation to State Legislature:

• He advises the Governor with regard to the summoning and proroguing of the sessions of the State Legislature.
• He can recommend the dissolution of the Legislative Assembly to the Governor at any time.
• He announces the Government policies on the floor of the House.

Other Powers and Functions:

• He is the chairman of the State Planning Board.
• He acts as a Vice-Chairman of the concerned Zonal Council by rotation, holding office for a period of one year at a time.
• He is a member of the Inter-State Council and the National Development Council, both headed by the Prime Minister.
• He is the chief spokesman of the state government.
• He is the crisis manager-in-chief at the political level during emergencies.
• As a leader of the state, he meets various sections of the people and receives memoranda from them regarding their problems, and so on.
• He is the political head of the services.

State Council of Ministers

Composition and Limitations:

• The total number of Ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15 percent of the total strength of the Legislative Assembly of that state.
• However, the number of Ministers in a state shall not be less than 12 (including the Chief Minister).
• This provision was added by the 91st Amendment Act of 2003.
• The composition of the Council of Ministers is determined by the Chief Minister according to the exigencies of the time and requirements of the situation.

Hierarchy and Roles:

• Chief Minister: Stands at the top of all ministers and is the supreme governing authority in the state.
• Cabinet Ministers: Head important departments, are members of the cabinet, attend its meetings, and play an important role in deciding policies. Thus, their responsibilities extend over the entire gamut of state government.
• Ministers of State: Can be given independent charge of departments or can be attached to Cabinet Ministers. However, they are not members of the Cabinet and do not attend the Cabinet meetings unless specially invited when something related to their departments is considered by the Cabinet.
• Deputy Ministers: Next in rank to Ministers of State. They are not given independent charge of departments. They are attached to Cabinet Ministers and assist them in their administrative, political, and parliamentary duties. They are not members of the Cabinet and do not attend Cabinet meetings.

Constitutional Provisions (Value Addition):

• Article 163: There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions in his discretion.
• Article 164:
  • The ministers shall hold office during the pleasure of the Governor.
  • The Council of Ministers shall be collectively responsible to the Legislative Assembly of the state.
  • The Governor shall administer the oaths of office and secrecy to the ministers.
  • A person who is not a member of the state legislature for any period of six consecutive months shall cease to be a minister.
  • The salaries and allowances of ministers shall be determined by the state legislature.

Collective and Individual Responsibility:

• Collective Responsibility (Article 164(2)): The State Council of Ministers is collectively responsible to the Legislative Assembly of the state. If a no-confidence motion is passed against the Council of Ministers in the Assembly, all ministers (even those from Legislative Council) must resign.
• Individual Responsibility (Article 164(1)): Ministers hold office during the pleasure of the Governor. This means a minister can be removed by the Governor, but only on the advice of the Chief Minister.

Advocate General for the State (Article 165)

• He is the highest law officer in the state.
• Appointed by the Governor.
• Must be a person who is qualified to be appointed a judge of a High Court.
• Holds office during the pleasure of the Governor.
• Receives such remuneration as the Governor may determine.
• It is the duty of the Advocate General to give advice to the state government on legal matters and to perform other legal duties assigned by the Governor.
• He has the right to speak and take part in the proceedings of both Houses of the State Legislature, without the right to vote.

Part 2: Parliament of India – Structure and Functioning

Organization and Composition (Part V: Article 79 - 122)

• Article 79 provides for a Parliament consisting of the President and the two houses.
• Lower House: House of the People (Lok Sabha), represents the people of India as a whole.
• Upper House: Council of States (Rajya Sabha), represents the states and union territories of India.
• The President is a part of the Legislature but he is not a member of either House of Parliament. He performs important legislative functions like summoning and proroguing sessions, dissolving the Lok Sabha, and assenting to bills.
• Since the GoI Act, 1919, the central legislature has been a bi-cameral body.

Qualifications and Disqualifications for Members of Parliament

Qualifications:

• To be qualified to become a Member of Parliament a person must be:
  • A citizen of India.
  • Not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.
  • A voter for any parliamentary constituency in India.
• Must make an oath or affirmation to bear true faith and allegiance to the Constitution of India and uphold the sovereignty and integrity of India.

Disqualifications:

• If he holds any office of profit under the Union or state government.
• If he is of unsound mind and stands so declared by a court.
• If he is an undischarged insolvent.
• If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance or adherence to a foreign state.
• If he is disqualified by or under any law made by Parliament (e.g., Representation of the People Act, 1951, which includes conviction for certain offenses, election malpractices).
• Disqualification on ground of Defection (Tenth Schedule, 52nd Amendment Act, 1985): If a member voluntarily gives up membership of his political party, or votes/abets from voting contrary to party direction, or an independent member joins a political party, or a nominated member joins a political party after six months. The presiding officer decides on disqualification.

Sessions of Parliament (Article 85)

Summoning, Prorogation, and Dissolution:

• The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its sitting in the next session. This implies Parliament must meet at least twice a year.
• The President may from time to time:
  • Prorogue the Houses or either House (terminates a session).
  • Dissolve the House of the People (Lok Sabha).

Sessions of the Parliament:

• A session of Indian Parliament is the time period during which a House meets almost every day continuously to transact business.
• There are usually three sessions in a year:
  • The Budget Session (February to May) - Longest session.
  • The Monsoon Session (July to September)
  • The Winter Session (November to December) - Shortest session.
• A session contains many meetings. Each meeting has two sittings – morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm.
• A sitting of Parliament can be terminated by adjournment, adjournment sine die, prorogation, or dissolution.
• The period between the prorogation of a House and its reassembly in a new session is called 'recess'.

Adjournment:

• An adjournment suspends the work in a sitting for a specified time, which may be hours, days, or weeks.
• In this case, the time of reassembly is specified.
• An adjournment only terminates a sitting and not a session of the House.
• The power of adjournment lies with the presiding officer of the House.

Adjournment Sine Die:

• Adjournment sine die means terminating a sitting of Parliament for an indefinite period.
• In other words, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die.
• The power of adjournment sine die lies with the presiding officer of the House.

Prorogation:

• Prorogation means the termination of a session of the House by an order made by the President under Article 85(2)(a) of the Constitution.
• Prorogation terminates both the sitting and session of the House.
• Usually, within a few days after the House is adjourned sine die by the presiding officer, the President issues a notification for the prorogation of the session.
• However, the President can also prorogue the House while in session.
• It does not affect the bills or any other business pending before the House.

Dissolution:

• Dissolution ends the very life of the existing House (Lok Sabha only), and a new House is constituted after general elections are held.
• Rajya Sabha being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject to dissolution.
• The dissolution of the Lok Sabha may take place in either of two ways:
  • Automatic Dissolution: On the expiry of its tenure – five years or the terms as extended during a national emergency.
  • Order of President: If President is authorized by CoM he can dissolve Lok Sabha, even before the end of the term. He may also dissolve Lok Sabha if CoM loses confidence and no party is able to form the government. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.
• When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions, and so on pending before it or its committees lapse. (Important exception: A bill passed by both Houses but pending President's assent does not lapse).

Important Offices

Speaker of Lok Sabha:

• The House of the People is presided over by the Speaker who is elected by the House from among its own members.
• He has to discharge his responsibilities as a presiding officer. He brings detachment and objectivity to bear upon all his decisions.
• He presides over the meetings of the House. He adjourns the House or suspends its meeting if there is no quorum.
• Article 94 (c) provides for the removal of the Speaker by a resolution of the House passed by a majority of all the then members of the House. Such a resolution can only be moved after giving 14 days' advance notice.
• The Speaker's decision on whether a bill is a Money Bill is final.
• He presides over the joint sitting of the two Houses of Parliament (Article 108).
• He is the guardian of the powers and privileges of the members, the House as a whole, and its committees.
• He acts as the ex-officio chairman of the Indian Parliamentary Group.
• He is the administrative head of the Lok Sabha Secretariat.
• In the absence of the Speaker, the Deputy Speaker performs his duties.

Deputy Speaker of Lok Sabha:

• The Deputy Speaker presides over the House in the absence of the Speaker and is elected in the same manner in which the Speaker is elected by the House.
• He can be removed from office also in the same manner as the Speaker.
• When he sits in the seat of the Speaker, he has all the powers of the Speaker and can perform all his functions. One of his special privileges is that when he is appointed as a member of a Parliamentary Committee, he automatically becomes its Chairman.
• By virtue of the office that he holds, he has a right to be present at any meeting of any Committee if he so chooses and can preside over its deliberations. His rulings are generally final in any case, so far as they are related to the matter under discussion, but the Speaker may give guidance in the interest of uniformity in practice. Whenever the Deputy Speaker is in doubt, he reserves the matter for the ruling of the Speaker.
• The Deputy Speaker, however, is otherwise like any ordinary member when the Speaker presides over the House. He may speak like any other member, maintain his party affiliation, and vote on propositions before the House as any ordinary member.
• The Deputy Speaker is entitled to a regular salary.

Chairman and Deputy Chairman of the Council of States (Rajya Sabha):

• While presiding officers of the Lok Sabha are called the Speaker and the Deputy Speaker, their opposite officers in the Council of States are called the Chairman and the Deputy Chairman respectively.
• The Vice-President of India is the ex-officio Chairman of the Council of States. As the presiding officer of the Rajya Sabha, his functions and powers are the same as those of the Speaker. He is however not a member of the House.
• Duties of the Chairman:
  • In the absence of the Chairman, the Council is presided over by the Deputy Chairman. He is a member of the House and is elected by the members of the House. When he ceases to be a member of the Council, he automatically vacates the office of the Deputy Chairman. He can resign his office by writing to the Chairman.
  • The Deputy Chairman is empowered to discharge all functions and perform all duties of the office of the Chairman whenever Chairman's office is vacant or when the Vice-President is acting as President.
  • As a presiding officer of the Council, he is also given a regular salary and other allowances that Parliament by law has fixed. The Council of States also has a panel of members, called Vice Chairman, nominated by the Chairman for presiding over the House in absence of both Chairman and Deputy Chairman.
• Removal: He may be removed from his office by a resolution passed by a majority of all members of the Council.

Leaders in Parliament

• Leader of the House: The Leader of the House in the Lok Sabha is the prime minister if he is a member of the Lok Sabha, or a minister who is a member of the Lok Sabha and is nominated by the prime minister to function as the Leader of the House. Similarly, there is a Leader of the House in the Rajya Sabha, who is a minister and a member of the Rajya Sabha, nominated by the prime minister.
• Leader of the Opposition: In each House of Parliament, there is a Leader of the Opposition. The leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House is recognized as the Leader of the Opposition in that House. In a parliamentary system of government, the leader of the opposition plays a significant role by providing constructive criticism of the government's policies and offering an alternative government. The leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977. They are entitled to salary, allowances, and other facilities equivalent to that of a cabinet minister. The official leader of the opposition was first recognized in 1969. In the USA, this functionary is known as the minority leader.
• Whip: The offices of the Leader of the House and the leader of the Opposition are not mentioned in the Constitution, Rules of the House, or Parliamentary Statute. It is based on parliamentary government conventions. Every political party, whether ruling or opposition, has its own whip in Parliament. The whip is appointed by the political party to serve as an assistant floor leader, ensuring party members' attendance and securing their support on issues. The whip regulates and monitors members' behavior in Parliament, and members are expected to follow the whip's directives, or face disciplinary action.

Legislative Procedure in Parliament

Types of Bills:

• The legislative procedure is identical in both Houses of Parliament. Every bill must pass through the same stages in each House. A bill is a proposal for legislation and becomes an act or law when duly enacted.
• Bills introduced in Parliament can be classified into four categories:
  • Ordinary Bills: Concerned with any matter other than financial subjects and constitutional amendments.
  • Money Bills (Art 110): Concerned with financial matters like taxation and public expenditure.
  • Financial Bills (Art 117): Concerned with financial matters but different from money bills. These are of two types: Financial Bill Category I (Article 117(1)) and Financial Bill Category II (Article 117(3)).
  • Constitution Amendment Bills: Concerned with amending constitutional provisions (Article 368).

Passing of Ordinary Bill:

An Ordinary Bill may originate in either House of Parliament. When passed by both Houses and signed by the President, it becomes law. It can be introduced by a minister or any other member. If introduced by a non-minister, it is called a Private Member's Bill, requiring a one-month notice. Ordinary Bills pass through three stages in the originating House:

1. First Reading: Discussion of the Bill's principles and provisions without amendments. Generally, just introduction of the bill along with its title and objectives. No voting takes place.
2. Second Reading (Clause by Clause Consideration): The Bill is referred to a committee for detailed examination and amendments. This stage involves general discussion, committee stage (where a select committee or joint committee examines it), and consideration stage (clause-by-clause discussion and voting).
3. Third Reading (Passing of the Bill): The Bill is ready for voting. Only a simple majority is required. No amendments are allowed except for verbal changes.

In the second House, the Bill passes through all stages except introduction. The second House may pass the Bill without amendment, with amendment, or reject it. If disagreement persists, the President may summon a joint sitting (Art.108) to resolve the deadlock. The Lok Sabha, due to its larger numerical strength, usually dominates joint sittings.

President's Assent (Ordinary Bill): Once passed by both Houses, it is presented to the President. The President can:

• Give assent (bill becomes an Act).
• Withhold assent.
• Return the bill for reconsideration (suspensive veto). If Parliament passes it again with or without amendments, the President must give assent.

Passing of Money Bill (Article 110):

• Parliament has the sole power to authorize expenditure for specified purposes.
• Speaker decides whether a Bill is a Money Bill, and this decision is final.
• A Money Bill can only be introduced in the Lok Sabha with the President's prior recommendation.
• After passing the Lok Sabha, it is sent to the Rajya Sabha for recommendations, which must be returned within 14 days.
• The Lok Sabha may accept or reject these recommendations. If not returned within 14 days, it is deemed passed by both Houses.
• The President may give or withhold assent, but refusal is improbable as the Bill is introduced on the President's recommendation.
• There is no provision for a joint sitting for Money Bills.
• The Lok Sabha's decision is final on Money Bills.

Financial Bills (Article 117):

Under Article 117, a Financial Bill contains provisions of general legislation along with one or more matters mentioned in Art.110. There are three types of Financial Bills:

• Money Bills: Contain provisions of a Money Bill plus other matters (Article 110). These are a specific type of Financial Bill, subject to the strict rules of Article 110.
• Other Financial Bills: Resemble ordinary bills but involve expenditure from the Consolidated Fund of India.
• Bills involving Expenditure: Deal with matters mentioned in Art 110(1) regarding Money Bills and other matters.

Constitutional Amendment Bills (Article 368 - Value Addition):

• Deals with amendment of the Constitution (Article 368).
• Can be introduced in either House, and does not require President's prior recommendation.
• Requires a special majority (majority of total membership of the House and a majority of not less than two-thirds of the members present and voting) in each House.
• If it affects federal provisions, it also requires ratification by half of state legislatures by a simple majority.
• There is no provision for a joint sitting in case of disagreement.
• President must give assent to the Bill (24th Amendment Act, 1971). He cannot withhold or return the bill.

Lapsing of Bills (Article 107):

Article 107 enumerates conditions under which a Bill may lapse:

• A bill pending in the Lok Sabha lapses.
• A bill passed by the Lok Sabha but pending in Rajya Sabha lapses.
• A bill not passed due to disagreement and if a joint sitting is notified before Lok Sabha dissolution does not lapse.
• A bill pending in Rajya Sabha but not passed by Lok Sabha does not lapse.
• A bill passed by both Houses but pending President's assent does not lapse.
• A bill returned by the President for reconsideration does not lapse.

Other Terms Related to Parliamentary Functioning

Quorum (Article 100):

• The minimum number of members whose presence is essential to transact the business of the House.
• Article 100 provides that the quorum of either House shall be one-tenth of the total number of members of the House. If there is no quorum, the presiding officer either adjourns the House or suspends the meeting until there is a quorum.

Question Hour:

• The day's business normally begins with the Question Hour during which questions asked by the members are answered by the Minister.
• The different types of questions are:
  • Starred Question: It is one for which an oral answer is required to be given by the Minister on the floor of the House. Supplementary questions may be asked based on the Minister's reply. Marked with an asterisk (*).
  • Unstarred Question: It is one for which the Minister lays on the table a written answer. A 15-day notice has to be given to ask such questions and no supplementary questions can be asked with regard to such questions.
  • Short Notice Question: This type of question can be asked by members on matters of public importance of an urgent nature. It is for the Speaker to decide whether the matter is of urgent nature or not. The member has also to state reasons for asking the question while serving notice. Answered orally after a shorter notice than 10 days.

Zero Hour (Value Addition):

• This period follows the 'Question Hour' and it normally begins at noon. Usually, the members use this period to raise various issues for discussion.
• It is an Indian parliamentary innovation and does not find mention in the Rules of Procedure.

Cut Motions:

A motion that seeks reduction in the amount of a demand by the government is known as a cut motion. Such motions are admitted at the speaker's discretion. It is a device through which members can draw the attention of the government to a specific grievance or problem. There are three types of cut motions:

• Disapproval of Policy Cut: Which is to express disapproval of the policy underlying a particular demand, says that 'the amount of the demand be reduced to Re. 1'.
• Economy Cut: Economy Cut refers to a cut motion which seeks to reduce the demand by a specific sum with a view to affecting the economy in the expenditure.
• Token Cut: A device to ventilate specific grievances within the sphere of the government's responsibility. The grievance has to be specified. Usually, the motion is in the form, "The amount of the demand is reduced by Rs. 100".

Calling Attention Motion:

• With prior permission of the speaker, a member may call the attention of a Minister to any matter of urgent public importance. The Minister may make a brief statement regarding the matter or ask for time to make a statement.
• It is an Indian innovation and finds mention in the Rules of Procedure.

Privilege Motion:

• It is a motion moved by a member if he feels that a minister has committed a breach of privilege of the House or of any one or more of its members by withholding facts of a case or by giving a distorted version of facts.

Censure Motion:

• It differs from a no-confidence motion in that the latter does not specify any ground on which it is based, while the former has to mention the charges against the government for which it is being moved.
• A censure motion can be moved against the Council of Ministers or an individual minister for failing to act or for some policy. Reason for the censure must be precisely enumerated.
• The speaker decides whether or not the motion is in order and no leave of the House is required for moving it.
• The Government may at its discretion fix a date for the discussion of the motion. If the motion is passed in the Lok Sabha, the Council of Ministers is expected to resign.

No-Confidence Motion (Value Addition):

• Article 75(3) states that the Council of Ministers shall be collectively responsible to the Lok Sabha.
• Can only be moved in Lok Sabha. Requires support of 50 members.
• If passed, the entire Council of Ministers (including those from Rajya Sabha) must resign.
• Does not require any specific grounds.

Guillotine:

• On the last of the allotted days at the appointed time, the speaker puts every question necessary to dispose all the outstanding matters in connection with the demands for grants. This is known as guillotine. The guillotine concludes the discussion and demands for grants.

Financial Procedure:

• Annual Financial Statement: Budget (Art. 112): The term 'Budget' is not used in the Constitution but refers to the 'Annual Financial Statement' in Article 112. The budget is a statement of estimated receipts and expenditure for a financial year, beginning on April 1 and ending on March 31.
• Vote on Account (VoA): The Union Budget is a projected income and expenditure statement for the coming year. As per the Constitution, all revenue received and loans raised by the Union government are placed in the Consolidated Fund of India (CFI). Article 266 mandates Parliamentary approval to draw money from the CFI. The Budget must be approved before the new financial year begins. If not, a "Vote on Account" allows the government to withdraw money from CFI for day-to-day functions until the Budget is passed (Article 116). This is typically for two months and covers only expenditure, not receipts.
• Demand for Grants: On the President's recommendation, expenditure estimates (other than those charged on the Consolidated Fund of India) are presented to the Lok Sabha as demands for grants. Under Article 113, the Lok Sabha can assent to, reject, or reduce any demand. These demands are not presented to the Rajya Sabha, though a general budget debate occurs there.
• Appropriation Bill (Art. 114): According to Article 114, when demands for grants are voted, the Appropriation Bill authorizes fund withdrawal from the Consolidated Fund of India for votable and charged items. No amendments can be proposed as it would alter decided amounts. The budget consists of charged expenditure (non-votable) and 'made' expenditure (votable). The Appropriation Bill becomes an Act only after the President's assent.
• Other Grants: In addition to the budget containing ordinary income and expenditure estimates for one financial year, Parliament makes various other grants under extraordinary circumstances:
  • Supplementary Grant: Granted when authorized funds for a service are insufficient for the current financial year.
  • Additional Grant: Granted for additional expenditure on new services not contemplated in the budget.
  • Excess Grant: Granted when money spent on a service exceeds budgeted amounts. Voted by Lok Sabha after the financial year and approved by the Public Accounts Committee.
  • Vote of Credit: Granted for meeting an unexpected demand on the resources of India, when the need cannot be stated with the details ordinarily given in a budget. It is like a blank check given to the executive by the Lok Sabha.
  • Exceptional Grant: Granted for a special purpose and forms no part of the current service of any financial year.
  • Token Grant: Granted when funds for a new service can be met by reappropriation from savings within the existing grants. Approval of the House is taken for transfer of funds.

Houses of the Parliament: Detailed Composition

Rajya Sabha (Council of States):

• The Rajya Sabha is the permanent upper House, not subject to dissolution.
• It is composed of not more than 250 members.
• Out of these, 238 are to be the representatives of the States and the Union Territories and 12 are to be nominated by the President.
• Persons to be so nominated are required to have special knowledge or practical experience in respect of literature, science, art, or social service (Article 80(3)).
• The object of this nomination is to provide distinguished persons a place in the Rajya Sabha without going through the process of election.
• Election: The representatives of the States are elected indirectly by the elected members of State Legislative Assemblies in accordance with the system of proportional representation by means of a single transferable vote.
• One-third of its members retire every two years, and elections are held for the vacant seats.

Lok Sabha (House of the People):

• The maximum strength of Lok Sabha is 552 of which 530 are elected from the states, 20 from union territories, and 2 are nominated from the Anglo-Indian community. (Note: The provision for nomination of Anglo-Indian members was removed by the 104th Constitutional Amendment Act, 2019).
• The Constitution prescribes the numbers of seats in the Lok Sabha to be divided between the States and the Union territories.
• The allocation of seats in the Lok Sabha to a particular state and division of each state into territorial constituencies is done on the recommendation of the Delimitation Commission (Art. 82), which is appointed after the completion of each census.
• By 42nd Amendment Act, 1976, the allocation and division had been frozen till the year 2000.
• By 87th Amendment Act, 2003, it has been laid down that the allocation of seats to a State shall remain frozen till 2026.
• The division of the State into territorial constituencies shall be done on the basis of the census figures of 2001 census.

Part 3: State Legislatures in India

Overview of State Legislatures:

• Articles 168 to 212 in Part VI of the Constitution deal with the State Legislatures.
• Legislature of every state consists of a Governor and a Legislative setup.
• Legislature in certain states like Maharashtra, Karnataka, Bihar, UP, Telangana, Andhra Pradesh, and J&K are Bicameral (consisting of 2 Houses). In the other states, it is unicameral (consisting of one House).

Legislative Assembly

Structure and Composition:

• It is the popular House of the State. Members are chosen by direct election on the basis of adult suffrage from territorial constituencies (Article 170).
• The member strength varies between 60 and 500. However, certain states like Sikkim, Goa, Mizoram, and Arunachal Pradesh have less than 60 members.
• The Governor may nominate one Anglo-Indian to the Assembly if the community is not adequately represented in the assembly. (Note: This provision was removed by the 104th Constitutional Amendment Act, 2019).
• Reservation of seats has been provided for SCs & STs on the basis of their population.
• According to Article 172, the duration of the Assembly is normally 5 years. But it may be dissolved earlier by the Governor.
• Its term may also be extended by one year at a time by Parliament during National Emergency, though this can in no case be extended beyond 6 months after the proclamation has ceased to operate.
• Legislative assembly alone has the power to originate money bills. The Legislative council can make only recommendations in respect of changes it considers necessary within a period of fourteen days after receiving the money bills from the Assembly. The Assembly can accept or reject these recommendations.

Powers and Functions:

• It can make laws on any subject provided in the State List. It can also make a law on a subject of the Concurrent List in case it is not in conflict with a law already made by the Parliament.
• It has control over the State Council of Ministers. Its members may ask questions to the Minister, introduce resolutions or motions, and may pass a vote of censure to dismiss the Government. The Ministry is collectively responsible to the Assembly. The defeat of the Ministry in the Assembly amounts to the passing of a vote-of-no-confidence against it.
• It controls the finances of the State. A money bill can originate in the Assembly and it is taken as passed by the Legislative Council after a lapse of 14 days after reference made to it by the Assembly. It may pass, reject the demands or reduce their amount implying adoption or rejection of the budget and thereby leading to the victory or defeat of the Government. Thus, no tax can be imposed or withdrawn without the approval of the Legislative Assembly.
• It has constituent powers too. According to Article 368, a bill of constitutional amendment first passed by the Parliament shall be referred to the states for ratification. It is here that the Assembly has its role to play. It has to give its verdict by passing a resolution. It is also provided that the President shall refer to the Assembly of the concerned state a bill desiring alteration in its territory for eliciting its views in this regard before he recommends that such a bill be introduced in the Parliament.
• The Assembly also elects its own Speaker and Deputy Speaker and may remove them by a vote of no confidence. It takes part in the election of the President of India. It considers reports submitted by various independent agencies like the State Public Service Commission, Auditor-General, and others.