Bicameralism in India

MEANING

Bicameralism is the practice of having two legislative or

parliamentary chambers. The relationship between the two

chambers of a bicameral legislature can vary. In some

cases, they have equal power, and in others, one chamber is

clearly superior to the other. It is commonplace in most

federal systems to have a bicameral legislature.

BICAMERALISM

CENTRAL LEVEL

RAJYASABHA

LOKSABHA

STATELEVEL

VIDHAN SABHA

VIDHANPARISHAD

CENTRAL LEVEL

RAJYA SABHA

The Rajya Sabha (RS) or Council of States is the upper house of

the Parliament of India. Rajya means "state“ and Sabha means

"assembly" in Sanskrit. Membership is limited to 250 members, 12

of whom are nominated by the President of India for their

contributions to art, literature, science, and social services. The

remainder of body is elected by the state and territorial legislatures.

Members sit for six-year terms, with one third of the members

retiring every two years.

CONT…

The Vice President of India (currently, Hamid Ansari) is the ex-

officio Chairman of the Rajya Sabha, who presides over its

sessions. The Deputy Chairman, who is elected from amongst

the RS's members, takes care of the day-to-day matters of the

house in the absence of the Chairman. The Rajya Sabha held its

first sitting on 13 May 1952. The salary and other benefits for a

member of Rajya Sabha are same as for a member of Lok

Sabha.

CONT…

Qualifications

For anyone to become a member of the Rajya Sabha, he/she must be at least 30

years of age. Other qualifications are same as in becoming a member of the Lok

Sabha.

Elections The candidates are elected by the Legislative Assembly of States and Union

territories by means of Single transferable vote through Proportional representation.

However twelve members are nominated by the President of India having special

knowledge in various areas like Arts, Science etc. However they are not entitled to

vote in Presidential elections as per Article 55 of Indian Constitution.

LOK SABHA

The Lok Sabha (Hindi: ) or House of the People is the lower

house of the Parliament of India. Members of the Lok Sabha are elected

by direct election under universal adult franchise. As of 2009, there

have been fifteen Lok Sabhas elected by the people of India. The

Constitution limits the Lok Sabha to a maximum of 552

members, including not more than 20 members representing people from

the Union Territories, and two appointed non-partisan members to

represent the Anglo-Indian community.

CONT…Qualifications

As per Article 84 of Indian Constitution, the qualification for being a member of Lok

Sabha is that he/she should be a citizen of India and has taken an oath given under Third

Schedule of the Constitution. Also he/she must be at least 25 years of Age.

However, a member can be disqualified of being a member of parliament:-

if he/she holds office of profit;

if he/she is an undischarged insolvent;

if he/she is of unsound mind;

if he/she gives up as a citizenship of India or under allegiance or adherence to a foreign

State;

if he/she is violating party discipline (as per Tenth schedule of the constitution);

disqualified under Representation of People Act.

CONT…Election The members of lok Sabha are directly elected by their constituencies through direct

election by First past the post system.

However, two Anglo-Indians are nominated to the Lok Sabha, if the President of India

feels that there is lack of representation of Anglo-Indians. But, they are not entitled to vote

in Presidential elections as per Article 55 of the Indian Constitution.

Officers

As per Article 93 of Indian Constitution, the Lok Sabha has a Speaker and a Deputy

Speaker. By convention, they are elected by a resolution passed by simple majority. The 15th

Lok Sabha elected Meira Kumar as the speaker on 3 June 2009, which is its first woman

speaker to date. The Lok Sabha has also a separate non-elected Secretariat staff.

STATE LEVELARTICLES 168-212

VIDHAN SABHALEGISLATIVE ASSEMBLY

The Vidhan Sabha (Hindi: ) or the 'Legislative Assembly' is the lower house (in

states with bicameral) or the sole house (in unicameral states) of the provincial

(state) legislature in the different states of India. The same name is also used for the lower

house of the legislatures for two of the union territories, Delhiand Puducherry. The upper

house in the six states with a bicameral legislature is called the Legislative Council, or Vidhan

Parishad. Members of a Vidhan Sabha are direct representatives of the people of the

particular state as they are directly elected by an electorate consisting of all adult citizens of

that state. Its maximum size as outlined in the Constitution of India is not more than 500

members and not less than 60. However, the size of the Vidhan Sabha can be less than 60

members through an Act of Parliament, such is the case in the states

of Goa, Sikkim and Mizoram. The Governor can appoint 1 member to represent minorities,

e.g. the Anglo-Indian community.

CONT…

Qualifications required to become a member

To become a member of a Vidhan Sabha, a person must be a citizen of India, not less

than 25 years of age. He should be mentally sound and should not be bankrupt. He should

also state an affidavit that there are no criminal procedures against him. Speaker of Vidhan

Sabha who is responsible for the conduct of business of the body, and also a Deputy Speaker

to preside during the Speaker's absence. The Speaker acts as a neutral judge and manages all

debates and discussions in the house. Usually he is a member of the stronger political party

A Vidhan Sabha holds equal legislative power with the upper house of state

legislature, the Vidhan Parishad ('Legislative Council'), except in the area of money bills in

which case the Vidhan Sabha has the ultimate authority. In case of conflict regarding

ordinary bills, the will of Legislative Assembly prevails and there is no provision of joint

sitting. In such cases, Legislative council can delay the legislation by maximum 4

months(3months in first visit and 1 month in the second visit of the bill).

CONT…

Special powers of the Vidhan Sabha

A motion of no confidence against the government in the state can only

be introduced in the Vidhan Sabha. If it is passed by a majority vote, then

the Chief Minister and his Council of Ministers must collectively resign.

A money bill can only be introduced in Vidhan Sabha. In bicameral

jurisdictions, after it is passed in the Vidhan Sabha, it is sent to the Vidhan

Parishad, where it can be kept for a maximum time of 14 days. Unless a by

the Finance Minister of the state in the name of the Governor of that state.

In matters related to ordinary bills, the will of Legislative Assembly

prevails and there is no provision of joint sitting. In such cases, Legislative

council can delay the legislation by maximum 4 months(3 months in first

visit and 1 month in the second visit of the bill).

VIDHAN

PARISHADLEGISLATIVE COUNCIL

The Vidhan Parishad (or Legislative Council) is the upper house in

those states of India that have a bicameral legislature. As of 2011, six (out

of twenty-eight) states have a Legislative Council: Andhra

Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, and Uttar

Pradesh. In 2010 the Parliament of India passed an Act to re-establish a

Legislative Council for a seventh state, Tamil Nadu, but implementation

of the Act has been put on hold pending legal action; the state

government has also expressed its opposition to the council's revival.

MEMBERSHIP In contrast with a state's Vidhan Sabha (Legislative Assembly), the Legislative Council is a

permanent body and cannot be dissolved.; each Member of the Legislative Council (MLC)

serves for a six-year term, with terms staggered so that the terms of one-third of a Council's

members expire every two years. This arrangement parallels that for the Rajya Sabha, the upper

house of the Parliament of India.

MLCs must be citizens of India, at least 30 years' old, mentally sound, not bankrupt, and

on the voters' list of the state for which he or she is contesting an election. He or she may not

be a Member of Parliament at the same time.

The size of the Vidhan Parishad cannot be more than one-third the membership of the

Vidhan Sabha. However, its size cannot be less than 40 members (except in Jammu and

Kashmir, where there are 36 by an Act of Parliament.)

CONT…

MLCs are chosen in the following manner:

One-third are elected by members of local bodies such

as corporations, municipalities, and Zila Parishads.

One-third are elected by members of Legislative Assembly from among the persons

who are not members of the Assembly.

One-twelfth are elected by persons who are graduates of three years' standing

residing in that state.

One-twelfth are elected by persons engaged for at least three years in teaching

in educational institutions within the state not lower than secondary

schools, including colleges and universities.

One-sixth are nominated by the governor from persons having knowledge or practical

experience in fields such as literature, science, arts, the co-operative movement and social

service.

POWERS AND

PROCEDURES

The Legislative Council elects its Chairman and Deputy Chairman from amongst its members.

Theoretically the powers of the Legislative Council are coequal with the Assembly; in reality, the Council is

the weaker partner. Ordinary bills can originate in any chamber of the legislature. A bill must be passed by both

chambers, and receive the assent of the state's Governor, before it becomes law as an Act. The Governor may

give his assent or return the bill back to" legislature with his observations. The legislature while reconsidering

the bill may or may not take note of the views of the Governor on the bill. The Governor is bound to give his

assent to the bill when it is presented to him for the second time. If the Legislative Council disagrees with a bill

passed by the Legislative Assembly, then the bill must have a second journey, from the Assembly to the Council.

Ultimately the views of the Assembly prevail. The Council can only delay the passage of a bill for 3 months

in the first instance and for one month in the second. In contrast with Parliament, there is no provision for the

joint sitting of state legislatures.

CONT…

As with the Rajya Sabha, a Legislative Council has almost no powers in relation to

finance, being subordinate to the Assembly; the latter chamber is the only place where

Money Bills can originate. After a Money Bill has been passed by the Assembly it is sent

to the Council, which can keep it for a maximum of 14 days; if it does not pass it within

that period, the bill is deemed to have been passed by it.

As with the Assembly, the Council can attempt to control the executive by putting

questions to ministers, raising debates, and discussing adjournment motions to highlight

alleged lapses by the state government. However, the Council cannot remove a

government from office, lacking the Assembly's power to move a vote of no confidence.

The powers given to a Legislative Council by the Constitution of India have been

framed to keep it in a subordinate position to the Assembly, with its membership of

professionals seen as a guiding influence on the latter body, rather than as its rival.

ON

“INDIAN

PARLIAMENT

”

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