Tag: civics

In India the states derive their power from constitution. The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. It is the longest written constitution. 

The Legislative Assembly consists of not more than 500 members and not less than 60. The biggest state like Uttar Pradesh has 403 members in its Assembly. States which have small population and are small in size have a provision for having even lesser number of members in the Legislative Assembly. Puducherry has 30 members. Mizoram, Goa have only 40 members each. Sikkim has 32 members. All members of the Legislative Assembly are elected on the basis of adult franchise, and one member is elected from one constituency. Just as the President has the power to nominate 2 Anglo Indians to the Lok Sabha, similarly, the Governor also has the power to nominate 1 member from Anglo Indian's community as he deems fit, if he is of the opinion that they are not adequately represented in the Assembly.

Members of the Legislative Councils are chosen in the following manner:

1. One-third are elected by members of local bodies such as Municipalities, Gram Sabhas, Panchayat Samitis and Zila Parishads.
2. One-third are elected by members of Legislative Assemblies of the State.
3. One-twelfth are elected by graduate teachers.
4. One-twelfth of the members are elected by graduates of the universities in the State
5. One-sixth are nominated by the Governor from persons having the knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social service.

The capacity of Legislative Assemby of Uttar Pradesh is 404 members which is the largest one. After that Bihar, M.P. and Maharashtra come in the row. Bihar- 331, Madhya Pradesh- 230, Maharashtra- 288.

Having a bicameral structure means having a Lower and Upper house, that mimics the structure of Lok Sabha and Rajya Sabha (Legislativ Assembly/Vidhan Sabha and Legislative Council/Vidhan Parishad) Currently the 6 states that have a bicameral structure are: Andhra Pradesh, Uttar Pradesh, Bihar, Maharashtra,Karnataka and Jammu and Kashmir. The remaining 22 states have a unicameral structure, which means they have only the Legislative Assembly and not the Legislative Council.

Two-thirds of present and voting members must vote yes, and this number must also constitute the majority of the total capacity of membership of that House.

Such a decision by the Speaker is subject to judicial review as well as a Supreme Court's decision in 1992.