Quorum, language etc., in State Legislature

Q.  Which of the following is/are true?

1) Quorum for each house of state legislature is 10 members or 1/10th of total members of the house.
2) The State Legislature is authorized to decide whether to continue or discontinue English as a floor language.

- Published on 07 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Both 1 and 2
 
    Quorum -

  • Quorum is the minimum number of members required to be present in the House before it can transact any business.

  • It is 10 members or 1/10th of the total number of members in each House including the presiding officer (whichever is greater).

  • If there is no quorum during a meeting of the House, it is the duty of the presiding officer either to adjourn the House or to suspend the meeting until there is a quorum.

  • Voting in House -

  • All matters at any sitting of either House or joint sitting of both the Houses are decided by a majority of votes of the members present and voting, excluding the presiding officer.

  • Only a few matters, which are specifically mentioned in the Constitution require special majority, not ordinary majority.

  • The presiding officer of a House does not vote in the first instance.

  • He exercises a casting vote in the case of an equality of votes.

  • Language in Parliament -

  • The Constitution has declared Hindi and English to be the languages for transacting business in the State Legislature.

  • However, the presiding officer can permit a member to address the House in his/her mother tongue.

  • The State Legislature is authorized to decide whether to continue or discontinue English as a floor language after the completion of fifteen years from the commencement of the Constitution (i.e., from 1965).

  • In case of Himachal Pradesh, Manipur, Meghalaya and Tripura, this time limit is 25 years and that of Arunachal Pradesh, Goa and Mizoram, it is 40 years.

  • Rights of Ministers and Advocate General -

  • In addition to the members of a House, every minister and the attorney general of India have the right to speak and take part in the proceedings of either House or any of its committees which he is named a member.

  • But they are not entitled to vote.

  • There are two reasons for this constitutional provision -

    a. A minister can participate in the proceedings of a House, of which he is not a member.

    b. A minister, who is not a member of either House, can participate in the proceedings of both the Houses.

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