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Membership Of State Legislature

Membership Of State Legislature

Membership of State Legislature related provisions are mentioned in Article 173 of Indian Constitution with additional qualifications in theRepresentation of peoples act 1951. Members of State Legislative Assemblies and State Legislative Councils have varied qualifications, voting methods, and nomination procedures.

Table of Contents

  1. State Legislature
  2. Membership of the State Legislature
  3. Vacation of seats (Article 190)
  4. Conclusion

State Legislature

  • The state legislature occupies a pre-eminent and central position in the political system of a state.
  • Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the state legislature.
  • The state legislature consists of the Governor and the legislature, in some of the States, the Legislature shall consist of two Houses, namely, the Legislative Assembly and the Legislative Council (Bicameral), while in the rest, there shall be only one house, namely the legislative assembly (Unicameral).

Membership of the State Legislature

Qualifications

  • The Constitution lays down the following qualification for a person to be chosen a member of the state legislature.
  • He must be a citizen of India.
  • He must make and subscribe to an oath or affirmation before the person authorized by the Election commission for this purpose. In his oath or affirmation, he swears
  • To bear true faith and allegiance to the Constitution of India.
  • To uphold the sovereignty and integrity of India.
  • He must be not less than 25 years of age in case of legislative assembly and not less than 30 in case of legislative council.
  • He must possess other qualifications prescribed by parliament.

Accordingly, the parliament has laid down the following additional qualifications in the Representation of peoples act 1951

  • A person to be elected to the legislative council must be an elector for an assembly constituency in the concerned state and to be qualified for the Governor’s nomination, he must be a resident in the concerned state.
  • A person to be elected to the legislative assembly must be an elector for an assembly constituency in the concerned state.
  • He must be a member of a scheduled caste or scheduled tribe if he wants to contest a seat reserved for them. Also they can contest a seat not reserved for them.

Disqualifications (Article 191)

Under the Constitution, a person shall be disqualified for being a member of the legislative assembly or legislative council

  • If he holds any office of profit under the union or state government (except that of a minister or any other office exempted by state legislature)
  • If he is of unsound mind and stands so declared by a court.
  • If he is an undischarged insolvent.
  • If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state.
  • If he is so disqualified under any law made by parliament.

Disqualifications in Representation of peoples act 1951

  • He must not have been found guilty of certain election offences or corrupt practices in the elections.
  • He must not have been convicted for any offence resulting in imprisonment for two or more years. But the detention under a preventive detention law is not a disqualification.
  • He must not have failed to lodge an account of his election expenses within time.
  • He must not have any interest in government contracts, works or services.
  • He mustnot be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 percent share.
  • He must not have been dismissed from government service for corruption or disloyalty to the state.
  • He must not have been convicted for promoting enmity between different groups or for the offence of bribery
  • He must not have been punished for preaching and practicing social crimes such as untouchability, dowry and sati.
  • On the question whether a member has become subject to any of the above disqualifications, the Governor’s decision is final.
  • However, the Governor should obtain the opinion of the Election commission and act accordingly (Article 192).

Disqualifications on ground of Defection

  • The Constitution lays down that a person shall be disqualified for being either house under the provisions of 10th schedule.
  • The question of disqualification under the 10th schedule is decided by the Speaker, in the case of legislative assembly and the chairman, in the case of legislative council.
  • In 1992, the Supreme Court ruled that the decision of chairman/speaker is subject to judicial review.

Oath or Affirmation

  • Every member of either House has to make and subscribe an oath or affirmation before the governor or some person appointed by him.
  • Unless a member takes the oath, he cannot vote and participate in the proceedings of the House and does not become eligible to the privileges and immunities of the state legislature.
  • A person is liable to a penalty of 500 rs for each day he sits or votes as a member in a house
  • Members of a state legislature are entitled to receive salaries and allowance as may from time to time be determined by the state legislature.

Vacation of seats

Vacation of seats (Article 190)

Double membership

  • A person cannot be a member of both houses at one and the same time.
  • If a person is elected to both the houses, his seat in one of the houses falls vacant as per the provisions of a law made by the state legislature.

Disqualifications

  • If a member of the state legislature became subject to any of the disqualifications, his seat became vacant.

Resignation

  • A member may resign his seat by writing to the chairman of legislative council or speaker of legislative assembly. The seat falls vacant when the resignation is accepted.

Absence

  • A house of the state legislature can declare the seat of a member vacant if he absents himself from all its meetings for a period of 60 days without permission.

Other cases

  • If his election is declared void by court.
  • If he is expelled by the house.
  • If he is elected to the office of president or vice president.
  • If he is appointed to the office of Governor of a state.

Conclusion

Conclusion

State legislature is considered as one of the bricks of the Indian Constitution as it gives the chance to the State Assembly to decide on the same issue. Part VI of the Constitution has made it very clear about the functions and the various powers given to the State Legislature.