The State Legislative Assembly is also known as the Vidhan Sabha of the state.Article 168 of Indian constitution has relevant provisions. It is the unicameral state legislature in the 28 states and 3 union territories. Unicameral state legislature refers to only one house that elects the members of the house and makes the rules and regulations for the state.
A state legislative assembly can be dissolved in case of emergency, or if a motion of no confidence is passed.
Members Of The Legislative Assembly
The members of the legislative assembly (MLA) are directly elected for five years. According to the Constitution of India, any state cannot have less than 60 members and more than 500 members.
However, some exceptional states like Goa, Sikkim, Mizoram, and other union territories can have less than 60 members, according to the Indian Act of Parliament.
There are several criteria for being a member of the legislative assembly. They are as follows:
- The person’s name should be on the voters’ list.
- Minimum age should be 25.
- There should be no criminal records against the person.
What Is The Legislative Council?
The bicameral system is followed in some states. The two types of State Legislature are:
- Legislative Assembly, also known as the Vidhan Sabha
- Legislative Council, also known as the Vidhan Parishad
The legislative assembly is the permanent body, and it cannot be dissolved. Its time duration is for five years.
The legislative council is the higher body as compared with the legislative assembly. Its time duration is for six years.
Processes Involved In The Formation Of Legislative Council
There are the following criteria that a person must satisfy in order to become a member of the Legislative Council. They are listed below:
- A person must be a citizen of India.
- He/she must be of at least 30 years of age.
- He/she must be healthy and mentally sound.
- His/her name should be on the voters’ list.
- He/she must not be a member of the Legislative and the State Legislative Assembly at the same time.
The members of the Legislative Council are elected in the following ways:
- One third is elected by the local bodies like municipalities, district councils, etc.
- One third is elected by the members of the Legislative Assembly of the state from the people who are not a part of the State Legislative Assembly.
- One sixth is nominated by the Governor who are having experience and practical knowledge.
- One twelfth is elected by the teachers who are in the field of teaching for at least three years.
Role Of Legislative Council
The Legislative Council possesses very limited power which is given by the Constitution of India. It cannot alter or make the rules.
But there are some advantages with the Legislative Council. It has its own Chairman and Deputy Chairman that enjoys the power. It has the power to guide the decisions made by the Legislative Assembly.
Can The Legislative Council Be Dissolved?
The Legislative Council is considered a permanent body like the Rajya Sabha. It cannot be dissolved. Under article 169 of the Indian Constitution, Parliament can pass the act, having the support of the majority, which tends to dissolve the Legislative Council.
India witnessed the dissolution of the Legislative Council of Andhra Pradesh in 1985, but in 2007 it was reestablished.
Criticisms
People consider the Legislative Council as a burden to the state. It is considered unrepresentative. It also causes a delay in passing the Legislation.
Conclusion
Through this article, we got to learn about the State legislature and the Legislative Council. Legislative Council is a part of the State Legislature. It is also known as the Vidhan Parishad. In this article you will also get certain information about Lok Sabha, Rajya Sabha and the Parliament through FAQ’s.
It is for six years of duration. Though the Legislative Council experiences limited power, it has some privileges. It can pass rules and laws.