FridayJunk: Vidhana Parishad (Legislative Council) shyam institute

Vidhana Parishad (Legislative Council)

* At the time of drafting the Constitution, only 6 states had Legislative Councils. Some proposed to establish councils in all states, while figures like H.V. Kamath suggested abolishing the existing ones. However, our constitution makers adopted a middle path in this regard. The matter of establishing Legislative Councils in states was left to the discretion of the states by the constitution makers. That is, Parliament establishes a Parishad in a state, following the resolution of the state's Legislative Assembly. Similarly, it can also abolish it.

Article 169:

* For the creation or abolition of a Legislative Council in a state, the Legislative Assembly must pass a resolution with a ¹/₃ majority and submit it. Parliament then takes action based on the state's decision with a simple majority.

Article 171:

* Informs about the structure of the Legislative Council.
* Members of the Legislative Council are elected through 5 methods.
* The Legislative Council is described as a body representing multiple sections of society.
* The term of office for Parishad members is 6 years.
* 1950 People's Representation Act - The minimum number of members in the Legislative Council is 40, and the maximum number should not exceed ¹/₃ of the number of members in the Legislative Assembly. (Earlier, the maximum number was ¹/₃ of the Legislative Assembly; it was reduced to ¹/₃ by the 7th Constitutional Amendment).
* Members of the Legislative Council are elected through direct and indirect election methods.

Numbers of Members in Various Legislative Councils

No.	State	Number of Members
1.	Uttar Pradesh	100
2.	Andhra Pradesh	58
3.	Maharashtra	78
4.	Bihar	75
5.	Karnataka	75
6.	Jammu & Kashmir	36
7.	Telangana	40

Method of Electing Legislative Council Members:

¹/₃ of the total members are elected by the members of the State Legislative Assembly through proportional representation.
¹/₃ of the total members are elected by representatives of local self-government bodies through proportional representation.
- * Sarpanches and ward members of Gram Panchayats do not have voting rights.
- * Parliament has the power to amend the law in this regard.
¹/₁₂ of the total members are elected by teachers in the state through proportional representation.
- * Only teachers working in government educational institutions have voting rights.
- * Only teachers working in educational institutions from high school level and above (i.e., higher education institutions) have voting rights.
¹/₆ of the total members are nominated by the Governor.
- * Individuals distinguished in arts, literature, science, social service, and cooperative fields are nominated to the Parishad.
¹/₁₂ of the total members are elected by graduates in the state.
- * Voting rights are granted only 3 years after completing a degree.
- * The minimum age to contest as MLC is 30 years.

Term of Office, Meetings:

* The term of office for members of the Legislative Council is 6 years, and the House cannot be dissolved in the middle.
* There is no mention of the term of office of the Legislative Council in the Constitution.
* There is no possibility of temporarily dissolving the Legislative Council. But it can be permanently abolished.
* 1950 People's Representation Act: The term of office for members of the Legislative Council was fixed at 6 years.
* Elections are not held for all seats of the Legislative Council at once. Members also do not retire all at once.
* Every 2 years, ¹/₃ of the members in the Parishad retire, and elections are held for the same number.
* The Legislative Council can be described as a continuous house and a permanent house.
* The Legislative Assembly can be temporarily dissolved, but it cannot be permanently abolished.

Article 174:

* The Governor has the power to convene meetings of the State Legislative Assembly, adjourn them, and dissolve the Legislative Assembly.

Lily Thomas Vs. Union of India Case

* In the Lily Thomas Vs. Union of India case that took place in between, the Supreme Court, while giving its verdict, stated that the power to make laws regarding disqualifying Members of Parliament and Members of the Legislative Assembly, and matters related to their membership, rests solely with the Parliament.

Vidhana Parishad / Conducting Meetings:

* To preside over and conduct the meetings of the Legislative Council, the members of the Legislative Council elect a Chairman from among themselves. In situations where the Chairman is absent from meetings, they elect another person as Deputy Chairman to preside.

Article 183:

* The Chairman of the Legislative Council must submit his resignation letter to the Deputy Chairman. Similarly, the Deputy Chairman must submit his resignation letter to the Chairman.
* If the Chairman and Deputy Chairman lose their membership of the Legislative Council for any reason, they also lose their positions.
* The Chairman and Deputy Chairman can be removed from office by a simple resolution of the Legislative Council.

Article 184:

* The Chairman presides over the meetings of the Legislative Council. If they are absent from the meetings, the Deputy Chairman presides. If they are also absent, a person appointed by the Governor presides. If they are also absent, a person elected by the members of the Parishad presides.

Article 186:

* When a no-confidence motion against the Chairman and Deputy Chairman of the Legislative Council is introduced and being discussed, the person against whom the motion is introduced should not preside over the meetings. During the discussion on the no-confidence motion, the Chairman and Deputy Chairman can attend the meetings, participate in discussions, and also exercise their right to vote as ordinary members.

Article 186:

* The salaries and allowances of the Speaker and Deputy Speaker of the Legislative Assembly, and similarly the salaries and allowances of the Chairman and Deputy Chairman of the Legislative Council, are determined by the State Legislative Assembly.

Article 187:

* Describes the secretariats of the Legislative Assembly and Legislative Council. The secretariat of the Legislative Assembly is under the Speaker. Its secretary is also appointed by the Speaker. The secretariat of the Legislative Council is under the Chairman. Its secretary is appointed by the Chairman. Secretaries are appointed by the Presiding Officers only after consulting the Governor.

Article 189:

* Mentions about the 'quorum' related to the conduct of meetings of the Legislative Assembly.
* The quorum of the State Legislative Assembly is ¹/₁₀ or 10 members, whichever is greater.
* If the strengths of the ruling and opposition parties are equal in any matter in the Legislative Assembly, the Presiding Officer can exercise their casting vote.

Article 190:

* Describes about disqualification of members of the Legislative Assembly. Members should not hold representation in two houses at the same time. Similarly, they should not hold representation from two places in one house. If this happens, the presiding officer can declare them disqualified according to the law made by Parliament.
* Individuals who are absent from meetings continuously for 60 days without the permission of the Presiding Officer can also be declared disqualified.

Note:

Prohibition of being a member of both houses at the same time - Based on the 1950 Prohibition Act, the Presiding Officer declares a decision and determines the disqualifications of members.

Article 191:

* According to this article, members also lose their membership in the following circumstances:
1. 1) When of unsound mind.
2. 2) When declared bankrupt.
3. 3) When convicted by a court.
4. 4) When citizenship is lost.
5. 5) When joining any office of profit.
6. 6) When involved in party defections.

Ramakrishna Reddy Vs. State of Karnataka Case

* In the verdict given by the Supreme Court in 1993 in the Ramakrishna Reddy Vs. State of Karnataka case, it should be considered that one is in an office of profit only when financial benefits are obtained. When one is honorary president of any organization, or working as assistants to MLAs or other positions, it should not be considered as an office of profit, the Supreme Court stated.

Article 192:

* The Governor has the power to declare legislators disqualified for the reasons mentioned in 191. However, the decision is taken after consulting the Election Commission. The Governor must necessarily follow the advice given by the Election Commission in this matter.

Article 193:

* A person who votes without being a member of the house is penalized. Similarly, that vote is also not valid.

Article 194:

* Explains about the privileges of the Legislative Assembly, members, house privileges, and the rights and authorities of the committees formed by the Legislative Assembly.

K.M.L. George Vs. Kerala High Court Case

* In the K.M.L. George Vs. Kerala High Court case that took place, in 2010, the Supreme Court of India, while giving its verdict, stated that if any underhand or dubious voting takes place in the State Legislative Assembly, members are not required to answer to any court regarding the voting procedure or method, and the Supreme Court stated this in its verdict.

Article 195:

* The salaries and allowances of the members of the Legislative Assemblies are determined by the Legislative Assembly.

Article 196:

* Explains the procedures related to the introduction and passage of bills in the Legislative Assembly. It also describes the relationship between the Legislative Assembly and the Legislative Council.

Article 198:

* Explains the procedures related to the introduction and passage of money bills in the Legislative Assembly.
* Is a bill in the state a money bill? Or not? The Speaker of the Legislative Assembly decides. Prior permission of the Governor must be obtained to introduce a financial bill in the Legislative Assembly. After the Governor's permission is obtained, that bill must first be introduced in the Legislative Assembly.

Article 199:

* Defines money bills. The State Consolidated Fund is under the authority of the State Legislative Assembly. Legislation must be enacted by the Legislative Assembly for depositing money into the Consolidated Fund and for withdrawing funds from the Consolidated Fund for expenditure. Any bill intended for this purpose is referred to as a money bill.

Article 200:

* Bills passed by the State Legislative Assembly become laws when the Governor gives assent. If rejected once, and if the Legislative Assembly passes it again and sends it, the Governor must necessarily give assent.

Note:

In the case of a bill passed and sent by the State Legislative Assembly, the Governor, when conveying their decision:
1. 1. Governor may give assent.
2. 2. May withhold decision.
3. 3. May reject and send it back.
4. 4. May send it to the Center for the President's consideration. That is, in taking these decisions, the courts have ruled in the Purushottam Vs. Kerala case and Bharat Seva Ashram Vs. Gujarat case that the Governor's discretionary power should not be questioned.

Article 201:

* The Governor may send bills passed by the State Legislative Assembly to the Center for the President's consideration. The President's decision is final.
* After consulting the Chairman of the Legislative Council and the Speaker of the Legislative Assembly, the Governor has the authority to formulate the rules and regulations to be followed in both houses.

Article 202:

* Describes the annual financial statement of the State Government, i.e., the State Budget (State Annual Financial Report).

Article 206:

* Describes the temporary budget in states, i.e., the Vote on Account Budget.

Article 208:

* The State Legislative Assembly formulates the rules of procedure for conducting the business of the State Legislative Assemblies.

Article 210:

* Explains the matters related to the languages to be used in the State Legislative Assembly.
* Along with the state official language, Hindi and English can also be used.

Article 211:

* No discussion should be held in the Legislative Assembly regarding cases pending before the courts.

Article 212:

* No court has the jurisdiction to inquire into the proceedings of the Legislative Assembly.

Article 213:

* When the Legislative Assembly is not in session, Governors promulgate ordinances for immediate administrative necessities. These ordinances have the same value as ordinary laws.

Specialities of Speaker / Chairman:

* First Speaker of Andhra Pradesh formed in 2014 - Kodela Siva Prasad Rao
* Deputy Speaker of AP formed in 2014 - Mandali Buddha Prasad
* Leader of Opposition of Andhra Pradesh formed in 2014 - Y. S. Jagan Mohan Reddy
* Person who served as Pro-Tem Speaker for the Andhra Pradesh Legislative Assembly - S.D. Subbareddy
* First Speaker of Andhra Pradesh Legislative Assembly - N. Venkatramayya; Last Speaker - Lakshminarasimha Dora
* First Chairman of AP Legislative Council formed in 1958 - Madapati Hanumantha Rao; Chairman during the period of abolition of the Parishad - 1986 Syed Mukhasir Shah
* Only person who served as Presiding Officer for the Legislative Council and Legislative Assembly in AP - Pydathala Ranga Reddy.

Deposit for Vidhana Parishad Elections

* General candidates contesting for Legislative Council must deposit Rs. 10,000/-. SC, ST candidates must deposit Rs. 5,000/-.

A.P. Vidhana Parishad (Andhra Pradesh Legislative Council)

In 1958, for the first time, Baburao Rajendra Prasad inaugurated the Parishad in AP. First Chairman of AP Legislative Council - Madapati Hanmantha Rao.
In 1985, the Legislative Council was abolished during the NTR government's tenure.
In 2005, after the AP Legislative Assembly passed a resolution, Parliament resolved in 2006 to re-establish it.
In 2007, the Legislative Council was re-established.
- * At the time of abolition of the AP Legislative Council in 1985 - Chairman was Syed Mukhasira.
In 2007, a resolution was introduced to re-establish the Legislative Council. It is noteworthy that the resolution for abolition in Parliament in 1985 was introduced by only one person - H.R. Bharadwaj (Union Minister of Law).
- * Monthly salary of MLA, MLC is Rs. 45,000, and with other allowances, they receive Rs. 98,500.
- * In 2007, when the Legislative Council was re-established in AP, the person who acted as Pro-Tem Chairman was Puvvada Nageswara Rao.

Main Functions/Powers of the State Legislative Assembly:

* Formulates laws necessary for state governance. Formulates laws on subjects mentioned in the State List and Concurrent List. In addition, it removes defects in old laws and adds new subjects.

* Exercises control over the state government. Through questions, cut motions, adjournment motions, no-confidence motions, and censure motions, the Legislative Assembly maintains control over the state government and also regulates it. Its influence is shown through legislative committees.
* Along with formulating laws related to elections held in the state, it also approves the budget, which is the state's annual financial report. Similarly, it exercises authority over the State Consolidated Fund and performs financial functions.
* In the context of amending the Indian Constitution, in the third method, i.e., along with the ²/₃ majority of Parliament, the approval of ¹/₂ of the states in the country must be obtained. Approval of states means it is considered when the State Legislative Assembly approves it.
* Members of the State Legislative Assembly are part of the Electoral College that elects the President of India. Members of the Legislative Assembly in the states elect members of the Rajya Sabha, thereby also performing election duties.
* The responsibility of discussing and approving the reports of the CAG and the reports of the State Public Service Commission rests with the Legislative Assembly.
* The Legislative Assembly has the power to establish statutory bodies. Institutions like Lokayukta, to investigate allegations of corruption against those in high positions in the state government, can be established as statutory bodies.
* The Legislative Assembly has the authority to investigate allegations in the context of the implementation of laws formulated by the State Government or the Legislature.
* Acts as a high-level public opinion forum for discussing the problems of the people of the state. It not only just discusses problems but also shows solutions.

Main Powers of the Legislative Assembly:

* To formulate laws necessary for state administration.
* Makes laws on subjects in the State List and also in the Concurrent List.
* Maintains control over the state government.
* Determines the salaries and allowances of the State Council of Ministers and legislators.
* Formulates laws related to autonomous institutions.
* Approves all types of financial policies including the budget.

Article 265:

* No taxes can be levied in the state without the law of the State Legislative Assembly.

* Participates in the elections of the President and Rajya Sabha members.
* Makes amendments to laws related to elections in the state.
* In the 3rd method of the constitutional amendment process, it participates.
* Formulates laws on special reservations provided to backward classes at the state level.
* Functions as a platform for high public opinion in the state.
* When compared to Parliament, the State Legislative Assembly does not have any judicial powers.

Differences between Legislative Assembly and Legislative Council - Powers:

* In matters of establishing laws, the Legislative Assembly has more authority than the Legislative Council, i.e., the Parishad has no priority.
* Those who opposed establishing the Legislative Council in states - H.V. Kamath.

4) In the matter of forming the State Government (Council of Ministers):

* The government is formed in the state based on the majority achieved by the Legislative Assembly.
* The state government is collectively responsible only to the Legislative Assembly.
* The government can be removed from power through a no-confidence motion by the Legislative Assembly.

* If bills introduced by the government are defeated in the Legislative Assembly, or if bills introduced by the opposition are passed, the government must resign.
* The Legislative Assembly can control the state government through items like cut motions.
* Only the Legislative Assembly can decide the future of the state government. The Parishad has no priority in this matter.

2. In the matter of Ordinary Bills:

* Ordinary bills can be introduced in either house.
* The Parishad must convey its decision on ordinary bills passed and sent by the Legislative Assembly within 3 months.
* If the Parishad does not agree with the Legislative Assembly's decision, it is sent to the Governor for assent.
* If the Parishad does not convey its decision on a bill sent by the Legislative Assembly for 3 months, or if it rejects it, or if the amendments suggested are rejected by the house, it is considered as rejected.
* Bills rejected by the Parishad return to the Legislative Assembly.
* When the Legislative Assembly passes and sends bills again with or without amendments, the Parishad must convey its decision on those bills within one month.
* If it does not convey its decision within a month, or if it rejects it, it is considered as approved and sent to the Governor for assent.

Joint Sitting

* There is no provision for a joint sitting of both houses in states when differences of opinion arise.
* The Legislative Council can delay ordinary bills for up to 4 months.

3. In the matter of Financial Bills:

* Whether a bill is financial or not is decided by the Speaker of the Legislative Assembly.
* With the Governor's permission, a financial bill must first be introduced in the Legislative Assembly.
* The Parishad must convey its decision on financial bills passed and sent by the Legislative Assembly within 14 days.

* If the Parishad rejects a financial bill (or) suggests amendments, if the Legislative Assembly approves it for the second time, it can be sent to the Governor for assent without sending it to the Parishad beforehand.
* The Governor also does not have the power to veto financial bills.
* The Legislative Assembly has undisputed supremacy over financial bills.

4. In the matter of Constitutional Amendments:

* In the 3rd method followed in the Indian Constitutional Amendment process, the approval of states means the approval of the State Legislative Assemblies, i.e., the approval of the Legislative Assemblies alone is considered.
* Legislative Councils do not have the opportunity to participate in the amendment process.

5. In the matter of Elections:

* In the 'Electoral College' that elects the President, only MLAs are members, MLCs do not have voting rights.
* Only MLAs elect Rajya Sabha members.
* MLAs have the power to elect Legislative Council members.
* Only MLAs have the opportunity to elect MPs (Rajya Sabha, Lok Sabha).
* Only MLAs have the power to elect both state and Lok Sabha members.

6. Future Decision of the Legislative Council:

* The resolution of the Legislative Assembly is important for establishing or abolishing a Legislative Council in a state.
* Parliament makes a decision based on the Legislative Assembly's resolution.
* The Legislative Assembly is what can decide the future of the Legislative Council.

* When holding ministerial positions in the state, MLAs and MLCs have equal opportunities.
* MLAs and MLCs holding ministerial positions can participate in meetings of both houses, participate in discussions, and introduce bills. But (Article 177) they must exercise voting rights in the house to which they belong.
* In the matter of salaries and allowances, MLAs and MLCs of both houses have equal opportunities.
* State Legislative Assemblies do not have the power to veto the President's 'absolute' veto.
* Recently, states that have sent resolutions passed by the Legislative Assemblies with a ²/₃ majority to the Center to establish Legislative Councils in their respective states are Assam and Rajasthan.

IInd ARC (Second Administrative Reforms Commission):

* The Second Administrative Reforms Commission has recommended establishing Legislative Councils in all states in the country.
* In the Center, just as the Rajya Sabha represents the states, similarly, in the states, Legislative Councils should also represent local self-government institutions, it suggested.
* MLAs have the power to elect members of all types of legislative bodies, i.e., Rajya Sabha, Lok Sabha, Legislative Assembly, and Legislative Council.
* MLAs participate in all types of constitutional body elections except for the election of the Vice-President.
* If the Governor sends bills passed by the Legislative Assembly for the President's assent under Article 201, and if the President rejects and sends them back, even if the Legislative Assembly approves those bills for the second time and sends them to the President, they are not necessarily required to give assent.

Differences between Rajya Sabha and Vidhana Parishad

Feature	Rajya Sabha	Vidhana Parishad
1. Time limit for decision on Ordinary Bills from Lok Sabha/Vidhan Sabha	Rajya Sabha must decide within 6 months	Vidhana Parishad must decide within 3 months
2. Joint Sitting for Ordinary Bills	If differences arise between Rajya Sabha and Lok Sabha on ordinary bills, the President can convene a joint sitting	No provision for joint sitting if differences arise between Vidhana Sabha and Vidhana Parishad on ordinary bills
3. Voting in Presidential Elections	Rajya Sabha members participate and vote in Presidential elections	Vidhana Parishad has no opportunity to participate in voting for Presidential elections
4. Participation in Constitutional Amendment Process	Rajya Sabha participates in the Constitutional Amendment process	Vidhana Parishad has no opportunity to participate in the Constitutional Amendment process
5. Dissolution	Rajya Sabha cannot be dissolved, it is a permanent body	Vidhana Parishad can be completely abolished, it is not a permanent body

Vidhana Parishad Chairmen

No.	Name	Term
1.	Sri Madapati Hanumantha Rao	1958-1964
2.	Sri Gottipati Brahmayya	1964-66
3.	Sri P. Ranga Reddy	1968-72
4.	Sri Thota Ramaswamy	1972-74
5.	Sri Nivrithi Venkata Subbaiah	1974-78
6.	Sri Syed Mukhasir Shah	1979-80 & 1981-85
7.	Sri A. Chakrapani	2007-2014

After Bifurcation:

Andhra Pradesh - First Vidhana Parishad Chairman - A. Chakrapani

Vidhana Parishad Deputy Chairmen

No.	Deputy Chairman	Term
1.	Sri G.N. Raju	1958-64
2.	Sri M. Anandam	1964-66
3.	Sri A. Satyanarayana	1969-70
4.	Sri Syed Mukhasir Shah	1970-79
5.	Sri Kesava Rao	1980-81
6.	Sri T. Panchajanyam	1982-83
7.	Sri A. Chakrapani	1983-85

8.	Sri Mohammad Jani	2007-11
9.	Sri Neti Vidyasagar Rao	2011-2014

After Bifurcation

Andhra Pradesh - First Vidhana Parishad Deputy Chairman - S.V. Satish Kumar Reddy.

Limitations on the Legislative Power of the State Legislature:

Article 249:

* If Rajya Sabha passes a special resolution with ²/₃ majority, resolving that any matter mentioned in the State List has national importance, then the power to legislate on that matter shifts from the state to the center.

Article 250:

* During the period of National Emergency, Parliament gains the power to legislate on any matter mentioned in the State List.

Article 356:

* For a state under President's rule, the center formulates laws for the administration of the state.

Article 357:

* To rectify the constitutional machinery in states under President's rule, the center, through Parliament, can take legal measures.

Article 31(2):

* When state governments nationalize any assets, prior permission of the President must be obtained to introduce bills related to it in the Legislative Assembly.

Article 201:

* The Governor may send bills passed and sent by the State Legislative Assembly to the President for consideration. The President's decision is final.

Article 254:

* If the center and states enact conflicting laws on any item mentioned in the Concurrent List, the law of the center prevails.
* If State Legislatures approve laws affecting inter-state trade and commerce, presidential assent must necessarily be obtained.

Article 248:

* On residuary subjects, the center formulates and states must necessarily follow the laws.

Article 253:

* In the context of implementing agreements made by the central government with foreign countries (or) international organizations in our country, the states must necessarily respect and implement the laws formulated by Parliament.

Saturday, March 1, 2025

Vidhana Parishad (Legislative Council) shyam institute

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