Legislative Council

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By admin July 20, 2019 16:28

Legislative Council – Composition

  • Article 171
  • Indirect election
  • Maximum strength- one-third of the total strength of the assembly
  • Minimum strength – 40
  • Parliament determines actual strength of the Council.
  • 5/6 of the members are indirectly elected and 1/6 are nominated by the governor according to the present norms, which can be modified by the Parliament at any time.
  • 1/3 – members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify.
  • 1/12 – persons residing in the State who have been for at least three years graduates or qualifications equivalent to that of a graduate of any university in the territory of India.
  • 1/12 – persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school
  • 1/3 – elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly
  • The remainder shall be nominated by the Governor from among persons having special knowledge or practical experience in Literature, science, art, co-operative movement and social service.

Legislative Council – Duration

  • Article 172 (2)
  • The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.
  • Members can be re-elected or re-nominated any number of times.

Legislative Council – Presiding Officers

  • Chairman
  • Deputy chairman
  • Panel of vice-chairmen

Legislative Council – Chairman

  • Article 182 specifies the legislative council electing a chairman from amongst its members
  • Article 183- Vacation, Resignation and Removal
  • Vacation of office- A chairman vacates his office if he ceases to be a member of the council.
  • Resignation- by writing under his hand addressed to the Deputy chairman
  • Removal- by moving a resolution of the council passed by a majority of all the then members of the council only after giving 14 days advance notice.

Legislative Council – Powers of the Chairman

  • To preside over the house and maintain order and discipline in the council except when a resolution for his removal from office is under consideration (Article 185).
  • To adjourn or suspend the meeting in the absence of a quorum (Article 189 (4))
  • To exercise casting vote in the event of a tie in the council (Article 189 (1)) except when a resolution for his removal is under consideration where he can vote only in the first instance and not equality of votes (Article 185(2))
  • To allow a secret sitting when the leader of the House requests so.
  • To appoint chairmen and supervise chairmen of committees.
  • To permit a member to address the House in his mother tongue. (Article 210)
  • To disqualify members of the assembly on the grounds of defection.

Legislative Council – Deputy Chairman

  • Article 182 specifies the legislative council electing a deputy chairman from amongst its members
  • Article 183- Vacation, Resignation and Removal
  • Vacation of office- A deputy chairman vacates his office if he ceases to be a member of the council.
  • Resignation- by writing under his hand addressed to the chairman
  • Removal- by moving a resolution of the council passed by a majority of all the then members of the council only after giving 14 days advance notice.

Legislative Council – Powers of the Deputy Chairman

  • The Deputy Chairman shall act as Chairman of the council when the office of the Chairman is vacant (Article 184), provided a resolution for his removal is not under consideration (Article 185)
  • The Deputy Chairman has all the powers of the Chairman when he acts as the Chairman of the assembly.
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By admin July 20, 2019 16:28