The Legislative Assembly And Article 333

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By admin July 20, 2019 16:41

The Legislative Assembly and article 333 – Composition.

Article 170

  • Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.
  • For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State.
  • Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine.
  • Article 333 – Article 333 denotes the representation of the Anglo Indian community in the Legislative Assemblies of the States
  • the Governor of a State may nominate one member of that community to the Assembly if he is of opinion that the Anglo Indian community needs representation in the Legislative Assembly of the State and is not adequately represented
  • By the 84th Amendment Act of 2001, the total number of seats in the assembly of each state and the division of each state into territorial constituencies has been frozen till the year 2026.
  • By the 87th Amendment Act of 2003, the delimitation of constituencies has been based on the 2001 census.
  • The 95th Amendment Act of 2009 provides for the reservation of seats for scheduled castes and scheduled tribes in the assembly of each state on the basis of population ratios till 2020.

Legislative Assembly – Duration

  • Article 172 (1)
  • Every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly
  • Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate

Legislative Assembly – Increasing strength

  • Recently, Government of Telangana has requested for increasing the seats in Legislative Assembly of Telangana State from 119 to 153 as envisaged in the Andhra Pradesh Reorganisation Act, 2014.
  • But as per the observation of Attorney General, under Article 170(3) of the Constitution, the total number of seats in the Assembly of each State shall not be readjusted till after the first Census has published a post the year 2026.
  • Therefore, unless and until Article 170 is amended to bring up in line with Section 26 of the A.P. Reorganisation Act, 2014, the increase in the number of seats cannot be given effect.
  • Article 170 deals with the composition of the Legislative Assemblies.
  • As per article 170 of the Constitution, delimitation of the Constituencies can be possible only when the relevant population figures of the first census taken after the year 2026 have been published.
  • 87thAmendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 census and not 1991 census. However, this can be done without altering the total number of seats in the assembly of each state.

Legislative Assembly – Presiding Officers

  • Speaker
  • Deputy Speaker
  • Panel of chairmen

Legislative Assembly – Speaker

  • Article 178 specifies the legislative assembly electing a speaker from amongst its members
  • Article 179- Vacation, Resignation, and Removal
  • Vacation of office- A Speaker vacates his office if he ceases to be a member of the assembly
  • Resignation- by writing under his hand addressed to the Deputy Speaker
  • Removal- by moving a resolution of the Assembly passed by a majority of all the then members of the Assembly only after giving 14 days advance notice.
  • To preside over the house and maintain order and discipline in the assembly except when a resolution for his removal from office is under consideration (Article 181).
  • To adjourn or suspend the meeting in the absence of a quorum (Article 189 (4))
  • To exercise a casting vote in the event of a tie in the assembly (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 181(2)).
  • To certify a bill as a money bill whose decision is final. (Article 199)
  • To allow a secret sitting when the leader of the House requests so.
  • To appoint 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. (Tenth Schedule)

Legislative Assembly – Deputy Speaker

  • Article 178 specifies the legislative assembly electing a deputy speaker from amongst its members
  • Article 179- Vacation, Resignation, and Removal
  • Vacation of office- A Deputy Speaker vacates his office if he ceases to be a member of the assembly
  • Resignation- by writing under his hand addressed to the Speaker
  • Removal- by moving a resolution of the Assembly passed by a majority of all the then members of the Assembly only after giving 14 days advance notice.
  • The Deputy Speaker shall act as Speaker of the assembly when the office of the Speaker is vacant (Article 180), provided a resolution for his removal is not under consideration (Article 181)
  • The Deputy Speaker has all the powers of the Speaker when he acts as the Speaker of the assembly.

Differences between Lok Sabha and Legislative Assembly

  • The President can summon a joint sitting in case of disagreement between Lok Sabha and Rajya Sabha while no such provision is available to the state legislatures.
  • In case of an ordinary bill, the Lok Sabha cannot bypass the Rajya Sabha while the legislative assembly can bypass the legislative council which can only delay the bill for three months in the first instance and one month in the second instance.
  • The will of the legislative assembly prevails in all bills of the state, unlike the Lok Sabha.

Also read: Article 15, Mandal Commission And Indra Sawhney Case

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By admin July 20, 2019 16:41