UNION & STATE LEGISLATURE
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THE PARLIAMENT
PART V (ART 79 TO 122)
Art 79>>> Constitution of Parliament
The union parliament consist of President & two houses i.e.
Rajya Sabha
Lok Sabha
The word PARLIAMENT is derived from French word PARLER which means “TO TALK”
India is adopted BICAMERAL Sessions of parliament
Lok Sabha shall meet at least twice in a year
There will be 3 sessions.
1. | First session | Feb to May | Budget session |
2. | Second session | July to Sep | Monsoon session |
3. | Third session | Nov to Dec | Winter session |
STATE LEGISLATIVE
PART VI, ART 168 – 212
Art 168 >>> Constitution of Legislatures in State The state legislature comprises the Governor and 1 or 2 houses.
In Karnataka, 2 houses consists of
State Legislative Assembly (SLA)
State Legislative Council (SLC)
NOTE:
6 states : Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.
LOK SABHA
It is known as
The lower house
The people house
Popular house
House of Representative
It is considered to be “Democratic Chamber”
The members of Lok Sabha are elected through UAF directly by the people
Art 81 - Composition of Lok Sabha
Total strength - 552 members
530 members are to be representatives of the state
20 union territories
2 Anglo Indian community nominated by president
At present 545
530 from state representative
13 union territories
2 Anglo Indian community nominated by President
Art 83 - Term / Duration / Tenure
5 years
It may be dissolved by the president
During emergency, lok sabha can be extended by parliament for a period not excluding 1 year
Qualification
He should be a citizen of India
Completed the age of 25 years
Dis qualification
If he hold any office of profit under the GOI (govt of India) or GOS (govt of state)
Removal
Member of lok sabha may himself resign by addressing his resignation to the ‘speaker’ of lok sabha
He gets selected as a member of Rajya sabha & state legislative assembly
If he absent for a period of 60 days with our permission of the house
POWERS & FUNCTIONS
Legislative Function
Control over executive / Administrative Function
Judicial Function
Financial Function
Electoral Function
Constitution / Amendment Function
Miscellaneous Function
1. LEGISLATIVE FUNCTION
Divided the subjects for legislation in to 3 lists under 7th schedule of the Indian constitution
Union list 97 subjects
State list 59 subjects
Concurrent list 52 subjects
Lok sabha has equal power of law making with Rajyasabha except financial matters
In case of disagreement between the two houses on a matter of legislation it is resolved by a Joint session presided by speaker
2. JUDICIAL FUNCTION
Lok sabha act as a judge in the impeachment (removal) of the president either house can prefer the charge and if it passes a resolution by a 2/3rd majority of the total member of the house
Lok sabha also in judgement, along with the Rajya sabha is remaining high constitutional functionaries such as CAG (controller auditor general), CFC (chief finance commision), CEC (chief election commision), etc….
3. ELECTORAL FUNCTION
Lok sabha & Rajya sabha elect the high constitutional functionaries such as President & Vice-President
President elected by members of Lok sabha + Rajya sabha + state Legislative Assembly
Vice - President is elected by members of Lok sabha + Rajya sabha
CONSTITUTIONAL / AMENDMENT FUNCTION – ART 368
An amendment may be initiated either in the Rajya Sabha or Lok Sabha & must be passed by a 2/3rd majority in the both the houses present and voting
The agreement of Rajya Sabha is compulsory for the success of constitutional amendment
State Legislative Assembly (SLA)
(Vidhana Sabha & Lower House)
Art 170 - Composition
Legislative assembly of each state shall consists of representatives chosen by the people through vote
Number of members in the assembly shall not exceed 600 but not less than 60
Governor may nominate 1 member from the Anglo Indian community
Term
Period of 5 years
It was increased to 6 yrs. by 42nd amendment Act 1976 & reduced to 5 yrs by 44th amendment Act 1978
Qualification
He should be a citizen of India
Completed the age of 25 years
Dis qualification
If he hold any office of profit under the GOS (Govt of state) or Local Self Government
Removal
Member of SLA may himself resign by addressing his resignation to the ‘speaker ’ of SLA
He gets selected as a member of state legislative Council or Local self-government
If he absent for a period of 60 days with our permission of the house
POWERS & FUNCTIONS
Legislative Function
Control over executive / Administrative Function
Financial Function
Electoral Function
Constitutional Function
1. LEGISLATIVE FUNCTION
Pass law on all subjects that fall under state list
It can make laws on any subject in concurrent list in special cases
In case of disagreement between the two (2) houses on a matter of legislation it is resolved by a Joint session presided by speaker of SLA
2. ELECTORAL FUNCTION
To elect the president of India
They also take part in electing members of Rajya Sabha & members of SLC
SPEAKER OF LOKSABHA
There is a speaker and a Deputy speaker for the LokSabha
Art 93 >>> Speaker & deputy speaker appointed among the members of Lok Sabha
RESIGNATION
Speaker submits resignation to deputy speaker or president or senior most judge of supreme court
Art 95 >>> The office of the speaker of the house is vacant and also the office of deputy speaker is vacant, President may appoint any member from LokSabha
POWERS & FUNCTIONS OF SPEAKER
1. He presides over the joint session and joint sitting of both the houses
2. He rectifies the mistakes in the bills being passed by LokSabha
3. He appoints the chairman of all committees
4. He accept all resignations sent to him by members of the house
POWERS & FUNCTIONS OF DEPUTY SPEAKERS
1. Deputy speaker is a deputy presiding officer when the speaker is absent
NOTE :- At present
Speaker of LokSabha – Om Birla
Deputy speaker – M.Thambidurai
RAJYA SABHA
Other Names –
Council of States,
House of Elders,
Upper House
Considered as ‘Knowledge House’
Art 80 – Composition of Rajya Sabha
Max no of seats 250
229 members are elected from the states through indirect election
9 union territories
12 president nominated
NOTE
President nominates 12 persons among those with special knowledge in the field art, literature, science, social service
At present 245
229 from State
4 Union territories
12 President nominates
QUALIFICATION
Must be citizen of India
Should attained the age of 30 years
TERM
Rajya Sabha is permanent house
Rajya Sabha cannot be dissolved nor can be abolished
Term of Rajya Sabha 6 yrs
1/3rd of members of Rajya Sabha retires every 2 years
ELECTION
Members of RajyaSabha are indirectly elected on a representation by state legislatures
Each state is allotted a certain number of seats in Rajya Sabha
Such allotment is the strength of population in each state
POWERS & FUNCTIONS
1. Legislature
2. Control of executive
3. Judicial Function
4. Financial
5. Electoral
6. Constitutional
7. Miscellaneous
STATE LEGISLATIVE COUNCIL
Other Names –
Vidhana Parishad
Upper House
House of Elders
Considered as ‘Knowledge House’
Art 171 – Composition of SLC
Shall not exceed the total membership of the legislative assembly but shall not be less than 40 members
Shall be indirectly elected
Governor will nominate some members from different specialized field divided into
1/3th of the members are elected from local bodies such as municipalities and district boards
1/3th of the members are elected from members of legislative assembly
1/12th of the members are elected by graduate constituencies
1/12th of the members are elected from Teacher constituencies
1/6th of the members are nominated by the Governor from the field of science, art, social service, literature, etc…
QUALIFICATION
Must be citizen of India
Should attained the age of 30 years
TERM
Permanent House
cannot be dissolved nor can be abolished
Period of 6 years
1/3rd of the members retire every 2 years
ELECTION
Members of SLC are indirectly elected on a representation by state legislatures
State is allotted a certain number of seats in SLC
Such allotment is the strength of population in each state
POWERS & FUNCTIONS
1. Legislature
2. Control of executive
3. Judicial Function
4. Financial
5. Electoral
6. Constitutional
7. Miscellaneous
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