General State Legislature
Chapter
III The State Legislature
Article
168 Constitution of Legislatures in States
(1) For
every State there shall be a Legislature which shall consist of the
Governor, and -
(a) in the States of Bihar, Maharashtra,
Karnatatka, and Uttar Pradesh, two Houses;
(b) in other States,
one House.
(2) Where there are two Houses of the Legislature of
a State, one shall be known as the Legislative Council and the other
as the Legislative Assembly, and where there is only one House, it
shall be known as the Legislative Assembly.
Article
169 Abolition or creation of Legislative Councils in States
(1)
Notwithstanding anything in article 168 ,
Parliament may by law provide for the abolition of the Legislative
Council of a State having such a Council or for the creation of such
a Council in as State having no such Council, if the Legislative
Assembly of the State passes a resolution to that effect by a
majority of the total membership of the Assembly and by a majority of
not less than two-thirds of the members of the Assembly present and
voting.
(2) Any law referred to in clause (1) shall contain such
provisions for the amendment of this Constitution as may be necessary
to give effect to the provisions of the law and may also contain such
supplemental, incidental and consequential provisions as Parliament
may deem necessary.
(3) No such law as aforesaid shall be deemed
to be an amendment of this Constitution for the purposes of article
368 .
Article
170 Composition of the Legislative Assemblies
(1)
Subject to the provisions of article 333 ,
the Legislative Assembly of each State shall consists of not more
than five hundred, and not less than sixty, members chosen by direct
election from territorial constituencies in the State.
(2) 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.
Explanation: In this clause, the expression "population"
means the population as ascertained at the last preceding census of
which the relevant figures have been published:
Provided that
the reference in this Explanation to the last preceding census of
which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 2000 have
been published, be construed as a reference to the 1971 census.
(3)
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:
Provided
that such readjustment shall not affect representation in the
Legislative Assembly until the dissolution of the then existing
Assembly:
Provided further that such readjustment shall take
effect from such date as the President may, by order, specify and
until such readjustment takes effect, any election to the Legislative
Assembly may be held on the basis of the territorial constituencies
existing before such readjustment:
Provided also that until the
relevant figures for the first census taken after the year 2000 have
been published, it shall not be necessary to readjust the total
number of seats in the Legislative Assembly of each State and the
division of such State into territorial constituencies under this
clause.
Article
171 Composition of the Legislative Council
(1) The
total number of members in the Legislative Council of a State having
such a Council shall not exceed one-third of the total number of
members in the Legislative Assembly of that State:
Provided that
the total number of members in the Legislative Council of a State
shall in no case be less than forty.
(2) Until Parliament by law
otherwise provides, the composition of the Legislative Council of a
State shall be as provided in clause (3).
(3) Of the total
number of members of the Legislative Council of a State -
(a) as
nearly as may be, one-third shall be elected by electorates
consisting of members of municipalities, district boards and such
other local authorities in the State as Parliament may by law
specify;
(b) as nearly as may be, one-twelfth shall be elected
by electorates consisting of persons residing in the State who have
been for at least three years graduates of any university in the
territory of India or have been for at least three years in
possession of qualifications prescribed by or under any law made by
Parliament as equivalent to that of a graduate of any such
university;
(c) as nearly as may be, one-twelfth shall be
elected by electorates consisting of 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, as may be prescribed by or under any law made by
Parliament;
(d) as nearly as may be, one-third shall be elected
by the members of the Legislative Assembly of the State from amongst
persons who are not members of the Assembly;
(e) the remainder
shall be nominated by the Governor in accordance with the provisions
of clause (5).
(4) The members to be elected under sub-clause
(a), (b) and (c) of clause (3) shall be chosen in such territorial
constituencies as may be prescribed by or under any law made by
Parliament, and the elections under the said sub-clauses and under
sub-clause (d) of the said clause shall be held in accordance with
the system of proportional representation by means of the single
transferable vote.
(5) The members to be nominated by the
Governor under sub-clause (e) of clause (3) shall consists of persons
having special knowledge or practical experience in respect of such
matters as the following, namely: -
Literature, science, art,
co-operative movement and social service.
Article
172 Duration of States Legislatures
(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.
(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.
Article
173 Qualification for membership of the State Legislature
A
person shall not be qualified to be chosen to fill a seat in the
Legislature of a State unless he -
(a) is a citizen of India,
and makes and subscribes before some person authorised in that behalf
by the Election Commission an oath or affirmation according to the
form set out for the
purpose in the Third Schedule;
(b) is,
in the case of a seat in the Legislative Assembly, not less than
twenty-five years of age and, in the case of a seat in the
Legislative Council, not less that thirty years of age; and
(c)
possesses such other qualifications as may be prescribed in that
behalf by or under any law made by parliament.
Article
174 Sessions of the State Legislature, prorogation and
dissolution
(1) The Governor shall from time to time
summon the House or each House of the Legislature of the state 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 first sitting in the next session.
(2) The
Governor may from time to time -
(a) prorogue the House or
either House;
(b) dissolve the Legislative Assembly.
Article
175 Right of Governor to address and send messages to the House or
Houses
(1) The Governor may address the Legislative
Assembly or, in the case of a State having a Legislative Council,
either House of the Legislature of the State, or both Houses
assembled together, and may for that purpose require the attendance
of members.
(2) The Governor may send messages to the House or
Houses of the Legislature of the State, whether with respect of a
Bill then pending in the Legislature or otherwise, and a House to
which any message is so sent shall with all convenient despatch
consider any matter required by the message to be taken into
consideration.
Article
176 Special address by the Governor
(1) At the
commencement of the first session after each general election to the
Legislative Assembly and at the commencement of the first session of
each year, the Governor shall address the Legislative Assembly or, in
the case of a State having a Legislative Council, both Houses
assembled together and inform the Legislature of the causes of its
summons.
(2) Provision shall be made by the rules regulating the
procedure of the House or either House for the allotment of time for
discussion of the matters referred to in such address.
Article
177 Rights of Ministers and Advocate
General as respects the
Houses-Every Minister and the Advocate-General for a State shall have
the rights to speak in, and otherwise to take part in the proceedings
of, the Legislative Assembly of the State or, in the case of a State
having a Legislative Council, both Houses, and to speak in, and
otherwise to take part in the proceedings of, any committee of the
Legislature of which he may be named a member, but shall not, by
virtue of this article, be entitled to vote.
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