State Legislature & Special Provisions - Questions and Answers

ANSWER: 2, 3

Explanation:

The powers and status of the council are unequal to that of the assembly in the below matters -

1. A Money Bill can be introduced only in the assembly and not in the council.

2. The council cannot amend or reject a money bill. It should return the bill to the assembly within 14 days, either with recommendations or without recommendations.

3. The assembly can either accept or reject all or any of the recommendation of the council.

4. In both the cases, the money bill is deemed to have been passed by the two Houses.

5. The final power to decide whether a particular bill is a money bill or not is vested in the Speaker of the assembly.

6. The final power of passing an ordinary bill also lies with the assembly.

7. At the most, the council can detain or delay the bill for the period of four months - three months in the first instance and one month in the second instance.

8. The council is not even a revising body like the Rajya Sabha; it is only a dilatory chamber or an advisory body.

9. The council can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the assembly).

10. The council cannot remove the council of ministers by passing a no-confidence motion.

11. The council of ministers is collectively responsible only to the assembly.

12. But, the council can discus and criticize the policies and activities of the Government.

13. When an ordinary bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, the bill ends and becomes dead.

14. The council does not participate in the election of the President of India and representatives of the state in the Rajya Sabha.

15. The council has no effective say in the ratification of a constitutional Amendment Bill.

16. In this respect also, the will of the assembly prevails over that of the council.

17. Finally, the very existence of the council depends on the will of the assembly.

18. The council can be abolished by the Parliament on the recommendation of the assembly.


• From the above, it is clear that the position of the council vis-a-vis the assembly is much weaker than the position of the Rajya Sabha vis-a-vis the Lok Sabha.


• The council is subordinate to the assembly in all respects.

ANSWER: 1, 3

Explanation:

• The Rajya Sabha has equal powers with the Lok Sabha in all spheres except financial matters and with regard to the control over the Government.

Even though both the council and the Rajya Sabha are second chambers, the Constitution has given the council much lesser importance than the Rajya Sabha due to below reasons -

1. The Rajya Sabha consists of the representatives of the states.

2. It depicts the federal element of the polity.

3. It maintains the federal equilibrium by protecting the interests of the states.

4. Therefore, it has to be an effective revising body and not just an advisory body or dilatory body like the council.

5. Issue of federal significance does not arise in the case of a council.

6. The council is heterogeneously constituted. It represents different interests and consists of differently elected members and also includes some nominated members.

7. Its very composition makes its position weak and reduces its use as an effective revising body.

8. Rajya Sabha is homogeneously constituted.

9. It represents only the states and consists of primarily elected members.

10. The position accorded to the council is in accordance with the principles of democracy.

11. The council should yield to the assembly, which is a popular house.

12. This pattern of relationship between the two Houses of the State Legislature is adopted from the British model


• The critics have described the council as a ‘secondary chamber’, ‘costly ornamental luxury’, ‘white elephant’, etc.


• The critics have opined that the council has served as a refuge for those who are defeated in the assembly elections.


• It enabled the unpopular, rejected and ambitious politicians to occupy the post of a chief minister or a minister or a member of the State Legislature.

Even though the council has been given less powers as compared with the assembly, its use is supported on the following basis -

1. It checks the hasty, defective and ill-considered legislation made by the assembly by making provision for revision and thought.

2. It facilitates representation of eminent professionals and experts who cannot face direct elections.

3. The governor nominates one-sixth members of the council to provide representation to such people.

ANSWER: Only 1

Explanation:

The powers and status of the council are broadly equal to that of the assembly in the following matters -


• Introduction and passage of ordinary bills.(But in case of disagreement between the two Houses, the will of the assembly prevails over that of the council).


• Approval of ordinances issued by the Governor.


• Selection of ministers including the Chief Minister.


• Under the Constitution the, ministers including the chief minister can be members of either House of the State Legislature.


• But, irrespective of their membership, they are responsible only to the assembly.


• Consideration of the reports of the constitutional bodies like State Finance Commission, State Public Service Commission and CAG of India.


• Enlargement of the jurisdiction of the State Public Service Commission.

ANSWER: Both 1 and 2

Explanation:

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 1/10^th 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.

ANSWER: Only 1

Explanation:

Chairman of Council


• The Chairman is elected by the council itself from amongst its members.

The Chairman vacates his office in any of the below 3 cases -

(a) if he ceases to be a member of the council;

(b) if he resigns by writing to the deputy chairman; and

(c) if he is removed by a resolution passed by a majority of all the then members of the council. Such a resolution can be moved only after giving 14 days advance notice.


• As a presiding officer, the powers and functions of the Chairman in the council are similar to those of the Speaker in the assembly.


• But, the Speaker decides whether a bill is a Money Bill or not and his decision on this is final.


• The salaries and allowances of the Chairman are also fixed by the state legislature and are charged on the Consolidated Fund of the State.


• They are not subject to the annual vote of the State Legislature.

Deputy Chairman of Council -


• Like the Chairman, the Deputy Chairman is also elected by the council itself from amongst its members.

The deputy chairman vacates his office in any of the 3 cases -

(a) if he ceases to be a member of the council;

(b) if he resigns by writing to the Chairman; and

(c) if he is removed by a resolution passed by a majority of all the then members of the council. Such a resolution can be moved only after giving 14 days advance notice.


• The Deputy Chairman performs the duties of the Chairman’s office when it is vacant or when Chairman is absent from the sitting of the council.


• In both the cases, he has all the powers of the Chairman.


• The Chairman nominates from amongst the members a panel of Vice-Chairmen.


• Any one of them can preside over the council in the absence of the Chairman or the Deputy Chairman.


• He has the same powers as the chairman when so presiding. He holds office until a new panel of Vice-Chairmen is nominated.

ANSWER: 2, 3

Explanation:

• There is a Speaker and a Deputy Speaker for the state legislative assembly.


• Speaker is the Presiding Officer for State Legislative Assembly.


• The Speaker is elected by the assembly itself from amongst its members.


• Usually, the Speaker remains in office during the life of the State Legislative Assembly.

However, he has to vacate his office earlier in any of the below 3 cases -

1. If he ceases to be a member of the assembly;

2. If he resigns by writing to the Deputy Speaker; and

3. If he is removed by a resolution passed by a majority of all the members of the assembly. Such a resolution can be moved only after giving 14 days’ advance notice.

His powers and functions are -

1. He maintains order and decorum in the House for conducting its business and regulating its proceedings. This is his main responsibility and he has final power in this regard.

2. He is the final interpreter of the provisions of -

(a) the Constitution of India;

(b) the Rules of Procedure and Conduct of Business of Assembly; and

(c) the parliamentary precedents, within the assembly.

3. He adjourns the assembly or suspends the meeting in absence of a quorum.

4. He does not vote in the first instance. But he can exercise a ‘casting vote’ in the case of a tie.

5. He can allow a ‘secret’ sitting of the House at the request of the Leader of the House.

6. He decides whether a bill is a money bill or not and his decision on this question is final.

7. He decides the questions of disqualification of a member of the assembly, arising on the ground of defection under the provisions of the Tenth Schedule.

8. He appoints the chairmen of all the committees of the assembly and supervises their functioning.

9. He himself is the chairman of the Business Advisory Committee, the Rules Committee and the General-Purpose Committee.

Deputy Speaker of Assembly -


• Deputy Speaker is also elected by the assembly itself from amongst its members.


• He is elected after the election of the Speaker has taken place.


• Deputy Speaker remains in office usually during the life of the assembly.

However, he also vacates his office earlier in any of the below 3 cases -

(a) if he ceases to be a member of the assembly;

(b) if he resigns by writing to the speaker; and

(c) if he is removed by a resolution passed by a majority of all the then members of the assembly. Such a resolution can be moved only after giving 14 days’ advance notice.


• The Deputy Speaker performs the duties of the Speaker’s office when it is vacant or when Speaker is absent from the sitting of assembly.


• He has all the powers of the Speaker.


• The Speaker nominates from amongst the members a panel of chairmen.


• Any one of them can preside over the assembly in the absence of the Speaker or the Deputy Speaker.


• He has the same powers as the speaker when presiding.


• He holds office until a new panel of chairmen is nominated.

ANSWER: 2, 4

Explanation:

• Articles 168 to 212 in Part 6 of the Constitution deal with the organization, composition, duration, officers, etc. of the State Legislature.

Organization of State Legislature -


• There is no uniformity in the organization of State Legislatures.


• At present, only 7 states have two Houses (bicameral).


• These are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir.


• The Tamil Nadu Legislative Council Act, 2010 has not come into force.


• The Legislative Council in Andhra Pradesh was revived by the Andhra Pradesh Legislative Council Act, 2005.


• The 7^th Amendment Act of 1956 provided for a Legislative Council in Madhya Pradesh.


• However, a notification to this effect has to be made by the President.


• Since till now, no such notification has been made, Madhya Pradesh continues to have one House only.


• The 22 states have unicameral system.


• Here, the state legislature consists of the Governor and the Legislative Assembly.


• In the states having bicameral system, the state legislature consists of the Governor, the Legislative Council and the Legislative Assembly.


• The Legislative Council (Vidhan Parishad) is the upper house (second chamber or house of elders), while the Legislative Assembly (Vidhan Sabha) is the lower house (first chamber or popular house).


• The Constitution provides for the abolition or creation of Legislative Councils in states.


• Parliament can abolish a Legislative Council or create it, if the Legislative Assembly of the concerned state passes a resolution to that effect.


• Such a specific resolution must be passed by the State Assembly by a special majority.


• This Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary piece of legislation (i.e., by simple majority).


• The provision was made for the abolition or creation of a Legislative Council to enable a state to have a second chamber or not according to its own willingness and financial strength.


• For example, Andhra Pradesh got the Legislative Council created in 1957 and got the same abolished in 1985.


• The Legislative Council in Andhra Pradesh was again revived in 2007, after the enactment of the Andhra Pradesh Legislative Council Act, 2005.


• The Legislative Council of Tamil Nadu had been abolished in 1986 and that of Punjab and West Bengal in 1969.


• The Legislative Assembly of Tamil Nadu passed another resolution in 2011 seeking the abolition of the proposed Legislative Council.

ANSWER: 1, 2

Explanation:

Strength of Legislative Council -


• Unlike the members of the Legislative Assembly, the members of the Legislative Council are indirectly elected.


• The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40.


• This is not applicable to Jammu and Kashmir as it has 36 members as per its state constitution.


• Size of the council depends on the size of the assembly of the concerned state.


• This is done to ensure the pre-dominance of the directly elected House (assembly) in the legislative affairs of the state.


• Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament.

Election - Of the total number of members of a legislative council -


• 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly.


• 1/3 are elected by the members of local bodies in the state like municipalities, district boards etc.


• 1/12 are elected by graduates of three years standing and residing within the state.


• 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school.


• The remainder i.e., 1/6^th are nominated by the Governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service.


• Thus, 5/6 of the total number of members of a Legislative Council are indirectly elected and 1/6 are nominated by the Governor.


• The members are elected in accordance with the system of proportional representation by means of a single transferable vote.


• The bonafides or propriety of the governor’s nomination in any case cannot be challenged in the courts.


• This scheme of composition of a Legislative Council as laid down in the Constitution is tentative and not final.


• The Parliament is authorized to modify or replace the same.


• However, it has not enacted any such law so far.

ANSWER: 1, 2

Explanation:

Strength of legislative Assembly -


• The Legislative Assembly consists of representatives directly elected by the people on the basis of universal adult franchise.


• Its maximum strength is fixed at 500 and minimum strength at 60.


• It means that its strength varies from 60 to 500 depending on the population size of the state.


• But in case of Arunachal Pradesh, Sikkim and Goa, the minimum number is fixed at 30.


• In case of Mizoram and Nagaland, it is 40 and 46, respectively.


• Also, some members of the Legislative Assemblies in Sikkim and Nagaland are also elected indirectly.

Nominated Member -


• The governor can nominate one member from the Anglo-Indian community, if the community is not adequately represented in the assembly.


• Originally, this provision was to operate for ten years (i.e., up to 1960).


• But this duration has been extended continuously since then by 10 years each time.


• Now, under the 95^th Amendment Act of 2009, this is to last until 2020.

Territorial Constituencies -


• For the purpose of holding direct elections to the assembly, each state is divided into territorial constituencies.


• The demarcation of these constituencies is done in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the state.


• Constitution ensures that there is uniformity of representation between different constituencies in the state.

Readjustment after each census - After each census, a readjustment is to be made in the -

(a) total number of seats in the assembly of each state; and

(b) the division of each state into territorial constituencies.


• The Parliament is empowered to determine the authority and the manner in which it is to be made.


• The 42^nd Amendment Act of 1976 had frozen total number of seats in the assembly of each state and the division of such state into territorial constituencies till the year 2000 at the 1971 level.


• This ban on re-adjustment has been extended for another 25 years (i.e., up to year 2026) by the 84^th Amendment Act of 2001 with the objective of encouraging population limiting measures.


• The 84^th Amendment Act of 2001 also empowered the government to undertake re-adjustment and rationalization of territorial constituencies in a state on the basis of the population figures of 1991 census. Later, the 87^th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 census.


• However, this can be done without altering the total number of seats in the assembly of each state.


• Reservation of seats for SCs and STs - The Constitution provided for the reservation of seats for scheduled castes and scheduled tribes in the assembly of each state on the basis of population ratios.


• Originally, this reservation was to operate for ten years (i.e., up to 1960).


• Now, under the 79^th Amendment Act of 2009, this reservation is to last until 2020.

ANSWER: Neither 1 nor 2

Explanation:

Duration of Assembly -


• Legislative Assembly is not a continuing chamber.


• Its normal term is five years from the date of its first meeting after the general elections.


• The expiration of the period of five years leads to automatic dissolution of the assembly.


• However, the Governor is authorized to dissolve the assembly at any time (i.e., even before the completion of five years) to give way for fresh elections.


• Further, the term of the assembly can be extended during the period of national emergency by a law of Parliament for one year at a time (for any length of time).


• However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.


• This means that the assembly should be re-elected within six months after the revocation of emergency.

Duration of Council -


• Like the Rajya Sabha, the Legislative Council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution.


• But, one-third of its members retire on the expiration of every second year.


• So, a member continues as such for six years.


• The vacant seats are filled up by fresh elections and nominations (by governor) at the beginning of every third year.


• The retiring members are also eligible for re-election and re-nomination any number of times.

ANSWER: 2, 4

Explanation:

Qualifications - The Constitution gives following qualifications for a person to be chosen a member of state legislature -

(a) He must be a citizen of India.

(b) He must make and subscribe to an oath or affirmation (as prescribed in 3^rd Schedule) before the person authorized by the election commission for this purpose.

(c) He must be not less than 30 years of age in the case of the Legislative Council and not less than 25 years of age in the case of the Legislative Assembly.

(d) He must possess other qualifications prescribed by Parliament.

The Parliament has laid down the following additional qualifications in the Representation of People Act (1951) -

(a) A person to be elected to the Legislative Council must be an elector for an assembly constituency in the concerned state.

(b) To be qualified for the Governor’s nomination, he must be a resident in the concerned state.

(c) A person to be elected to the Legislative Assembly must be an elector for an assembly constituency in the concerned state.

(d) He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them.

(e) But, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.

Disqualifications - Under the Constitution, a person shall be disqualified for being elected as a member of state legislature -

(a) 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).

(b) If he is of unsound mind and stands so declared by a court.

(c) If he is an undischarged insolvent.

(d) 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.

(e) If he is so disqualified under any law made by Parliament.


• The Parliament has laid down following additional disqualifications in the Representation of People Act (1951) which are similar to that of Parliament.


• On the question whether a member is subject to any of the above disqualifications, the governor’s decision is final.


• However, he should obtain the opinion of the election commission and act accordingly.

Disqualification on Ground of Defection -


• The Constitution says that a person shall be disqualified for being a member of either House of state legislature if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule.


• The question of disqualification under the Tenth Schedule is decided by the Chairman, in the case of legislative council and, Speaker, in the case of legislative assembly.


• It is not decided by the Governor.


• Supreme Court ruled that the decision of Chairman/Speaker in this regard is subject to judicial review.

ANSWER: Only 2

Explanation:

• The legislative procedure for passing ordinary bill is similar in parliament as well as the State Legislature.


• However there are some differences between them.

In Parliament - A deadlock between the two Houses takes place when the second House, after receiving a bill passed by the first House, rejects the bill or proposes amendments that are not acceptable to the first House or does not pass the bill within six months.

In State Legislature - A deadlock between the two Houses takes place when the legislative council, after receiving a bill passed by the legislative assembly, rejects the bill or proposes amendments that are not acceptable to the legislative assembly or does not pass the bill within three months.

In Parliament - Joint sitting of two houses of Parliament is used to resolve the situation of deadlock between the two houses.

In State Legislature - There is no provision for joint sitting of the two houses in state legislature.

In Parliament - The Lok Sabha cannot override the Rajya Sabha by passing the bill for the second time and vice versa. A joint sitting is the only way to resolve a deadlock.

In State Legislature - The legislative assembly can override the legislative council by passing the bill for the second time and not vice versa.


• When a bill is passed by the assembly for the second time and transmitted to the Legislative Council, if the legislative council rejects the bill again, or proposes amendments that are not acceptable to the Legislative Assembly, or does not pass the bill within one month, then the bill is deemed to have been passed by both the Houses in the form in which it was passed by the Legislative Assembly for the second time.

In Parliament - Joint sitting can be used for bills originating in Rajya Sabha or Lok Sabha. If a joint sitting is not summoned by the President, the bill becomes dead.

In State Legislature - Mechanism to resolve a deadlock i.e. passing the bill second time by the assembly applies only for the bills originating in the assembly.


• Thus deadlock occurs only when the bill passed by assembly is rejected by the council and not vice-versa as assembly has overriding powers.


• When bills originating in legislative council are rejected by assembly, the bills end and become dead.

ANSWER: Sikkim

Explanation:

Following are the number of seats in legislative assembly and council of all states and UTs of India -


• Sikkim has least number of seats in legislative assembly.


• UP has highest number of seats.



Sr. No.	States and UTs	Number of Seats in Legislative Assembly	Number of Seats in Legislative Council
1.	Andhra Pradesh	175	58
2.	Arunachal Pradesh	60	-
3.	Assam	126	-
4.	Bihar	243	75
5.	Chhattisgarh	90	-
6.	Goa	40	-
7.	Gujarat	182	-
8.	Haryana	90	-
9.	Himachal Pradesh	68	-
10.	Jammu and Kashmir	87	36
11.	Jharkhand	81	-
12.	Karnataka	224	75
13.	Kerala	140	-
14	Madhya Pradesh	230	-
15.	Maharashtra	288	78
16.	Manipur	60	-
17.	Meghalaya	60	-
18.	Mizoram	40	-
19.	Nagaland	60	-
20.	Odisha	147	-
21.	Punjab	117	-
22.	Rajasthan	200	-
23.	Sikkim	32	-
24.	Tamil Nadu	234	-
25.	Telangana (Newest state)	119	40
26.	Tripura	60	-
27.	Uttarakhand	70	-
28.	Uttar Pradesh	403	100
29.	West Bengal	294	-
30.	Delhi (UT)	70	-
31.	Puducherry (UT)	30	-

ANSWER: 1, 2, 4

Explanation:

• Every ordinary bill passes through following stages in the state legislature before it becomes an Act.

Bill in the first house or originating house -


• An ordinary bill can originate in either House of the State Legislature and can be introduced either by a minister or by any other member.

In the originating House, the bill passes through 3 stages -


• First reading, second reading and third reading.


• After the bill is passed by the first House, it is sent to the second House for consideration and passage.


• Only when both houses agree and pass the bill with or without amendments, a bill is deemed to have been passed by the State Legislature.


• In unicameral legislature, a bill passed by the Legislative Assembly is sent directly to the Governor for his assent.

Bill in the Second House -


• In the second House also, the bill passes through all those three stages.

When a bill is passed by the Legislative Assembly and transmitted to the legislative council, the council may -

(a) pass the bill as sent by the assembly (i.e., without amendments); or

(b) pass the bill with amendments and return it to the assembly for reconsideration; or

(c) reject the bill altogether; or

(d) not take any action i.e., keep the bill pending.


• If the council passes the bill without amendments or the assembly accepts the amendments suggested by the council, the bill is deemed to have been passed by both the Houses and the same is sent to the Governor for his assent.


• On the other hand, if the assembly rejects the amendments suggested by the council or the council rejects the bill altogether or the council does not take any action for three months, then the assembly may pass the bill again and transmit the same to the council.


• If the council rejects the bill again or passes the bill with amendments not acceptable to the assembly or does not pass the bill within one month, then the bill is deemed to have been passed by both the Houses in the form in which it was passed by the assembly for the second time.


• Thus, the final power of passing an ordinary bill is vested in the assembly.


• The council can detain or delay the bill for a period of maximum four months - three months in the first instance and one month in the second instance.


• The Constitution does not provide for the mechanism of joint sitting of both the Houses to resolve the disagreement between the two Houses over a bill.


• Moreover, when a bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, the bill ends and becomes dead.


• The council has been given much lesser significance, position and authority than that of the Rajya Sabha at the Centre.


• Assent of the Governor - Every bill, after it is passed by the assembly or by both the Houses in case of a bicameral legislature, is presented to the Governor for his assent.

There are four choices for the governor -

(a) he may give his assent to the bill;

(b) he may withhold his assent to the bill;

(c) he may return the bill for reconsideration of the House or Houses; and

(d) he may reserve the bill for the consideration of the President.


• If the Governor gives his assent to the bill, the bill becomes an Act and is placed on the Statute Book.


• If the Governor withholds his assent to the bill, the bill ends and does not become an Act.


• If the Governor returns the bill for reconsideration and if the bill is passed by the House or both the Houses again, with or without amendments, the governor must give his assent to the bill.


• The governor enjoys only a suspensive veto.

Assent of the President - When a bill is reserved by the governor for the consideration of the President, the President may -

(a) either give his assent to the bill; or

(b) withhold his assent to the bill; or

(c) return the bill for reconsideration of the House or Houses of the state legislature.


• When a bill is so returned, the House or Houses have to reconsider it within a period of six months.


• The bill is presented again to the presidential assent after it is passed by the House or Houses with or without amendments.


• It is not mentioned in the Constitution whether it is obligatory on the part of the President to give his assent to such a bill or not.


• When a money bill is reserved for consideration of the President, the President may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for re-consideration of the State Legislature.

ANSWER: 2, 3

Explanation:

• Maharashtra was first to establish the office of Lokayukta in 1971.


• All states have different structure of the Lokayukta.


• Some states have created the Lokayukta as well as Upa-lokayukta, while some others have created only the Lokayukta.


• Some have designated officials as Lokpal.

Appointment -


• Governor appoints the Lokayukta and Upa-lokayukta.


• Governor in most of the states consult the Chief Justice of the concerned State High Court, and the leader of Opposition in the State Legislative Assembly, while making the appointments.

Qualifications -


• Some states have no specific qualifications prescribed but some states prescribe judicial qualifications.

Tenure -


• The term of office fixed for Lokayukta is of 5 years duration or 65 years of age, whichever is earlier.


• This is followed in most states.


• He is ineligible for re-appointment for a second term.

Jurisdiction -


• Jurisdiction is not uniform in all the states.


• Some states have even the Chief Minister within the jurisdiction of Lokayukta.


• Some have not included the Chief Minister.


• Almost all states include Ministers and higher civil servants.


• Maharashtra has also included former ministers and civil servants.


• States like Andhra Pradesh, Himachal Pradesh, Gujarat, Uttar Pradesh and Assam include members of State Legislatures within the purview of the Lokayukta.


• Most states include the authorities of the local bodies, corporations, companies and societies are included in the jurisdiction of the Lokayukta.

Investigations -


• Most states have given suo moto power of investigation to the Lokayukta.


• He also can initiate investigations on basis of a complaint received from the citizen against unfair administrative action.


• Uttar Pradesh, Himachal Pradesh and Assam do not confer suo moto power to start investigation to Lokayukta.

Scope of Cases Covered -


• In some states the Lokayukta can consider the cases of grievances (mal-administration) as well as allegations (corruption).


• While in others the job of Lokayuktas is confined to investigating allegations only.

Other Features -


• The Lokayukta presents a consolidated report on his performance, annually, to the Governor of the state.


• The Governor places this report along with an explanation before the State Legislature.


• The Lokayukta is responsible to the State Legislature.


• To conduct inquiries he can take the help of the state investigating agencies.


• He can call for relevant files and documents from the state government departments.


• The recommendations of Lokayukta are only advisory and not binding.

ANSWER: 2, 3

Explanation:

• Articles 371 to 371-J in Part XXI of the constitution contain special provisions for eleven states viz., Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim,Mizoram, Arunachal Pradesh, Goa and Karnataka.


• Part XXI is entitled as ‘Temporary, Transitional and Special Provisions’.


• The intention behind them is to meet the aspirations of the people of backward regions of the states or to protect the cultural and economic interests of the tribal people of the states or to deal with the disturbed law and order condition in some parts of the states or to protect the interests of the local people of the states.


• Originally, the constitution did not make any special provisions for these states.


• They have been incorporated by the various subsequent amendments made in the context of reorganization of the states or conferment of statehood on the Union Territories.

Provisions for Maharashtra and Gujarat -

Under Article 371, the President is authorized to provide that the Governor of Maharashtra and that of Gujarat would have special responsibility for -

1. establishment of separate development boards for -

(i) Vidarbha, Marathwada and the restof Maharashtra;and

(ii) Saurashtra, Kutch and the rest of Gujarat.

2. making a provision that a report on the working of these boards would be placed every year before the State Legislative Assembly;

3. the equitable allocation of funds for developmental expenditure over the above-mentioned areas; and

4. an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate employment opportunities in the state services in respect of the above-mentioned areas.

ANSWER: All of the above

Explanation:

Article 371-A makes the following special provisions for Nagaland (13^th Constitutional Amendment Act of 1962) -

The Acts of Parliament relating to the following matters would not apply to Nagaland unless the State Legislative Assembly so decides -

1. religious or social practices of the Nagas;

2. Naga customary law and procedure;

3. administration of civil and criminal justice involving decisions according to Naga customary law; and

4. ownership and transfer of land and its resources.


• The Governor of Nagaland shall have special responsibility for law and order in the state so long as internal disturbances caused by the hostile Nagas continue.


• In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgement and his decision is final.


• This special responsibility of the Governor shall cease when the President so directs.


• The validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgement.


• The Governor has to ensure that the money provided by the Central Government for any specific purpose is included in the demand for a grant relating to that purpose and not in any other demand moved in the State Legislative Assembly.


• A regional council consisting of 35 members should be established for the Tuensang district of the state.


• The Governor should make rules for the composition of the council, manner of choosing its members, their qualifications, term, salaries and allowances;


• the procedure and conduct of business of the council;


• the appointment of officers and staff of the council and their service conditions; and


• any other matter relating to the constitution and proper functioning of the council.

For a period of ten years from the formation of Nagaland or for such further period as the Governor may specify on the recommendation of the regional council, the following provisions would be operative for the Tuensang district -

1. The administration of the Tuensang district shall be carried on by the Governor.

2. The Governor shall in his discretion arrange for equitable distribution of money provided by the Centre between Tuensang district and the rest of Nagaland.

3. Any Act of Nagaland Legislature shall not apply to Tuensang district unless the Governor so directs on the recommendation of the regional council.

4. The Governor can make Regulations for the peace, progress and good government of the Tuensang district. Any such Regulation may repeal or amend an Act of Parliament or any other law applicable to that district.

5. There shall be a Minister for Tuensang affairs in the State Council of Ministers.

6. He is tobe appointed from amongst the members representing Tuensang district in the Nagaland Legislative Assembly.

7. The final decision on all matters relating to Tuensang district shall be made by the Governor in his discretion.

8. Members in the Nagaland Legislative Assembly from the Tuensang district are not elected directly by the people but by the regional council.

ANSWER: Parliament of India

Explanation:

Assam -


• Under Article 371-B, the President is empowered to provide for the creation of a committee of the Assam Legislative Assembly consisting of the members elected from the Tribal Areas of the state and such other members as he may specify.


• This was added by 22^nd Constitutional Amendment Act of 1969.


• The Tribal Areas of Assam are specified in the Sixth Schedule of the Constitution.


• They are - North Cachar Hills District, Karbi Anglong District and Bodoland Territorial Areas District.

Manipur -

Article 371-C makes the following special provisions for Manipur -

1. The President is authorized to provide for the creation of a committee of the Manipur Legislative Assembly consisting of the members elected from the Hill Areas of the state.

2. The President can also direct that the Governor shall have special responsibility to secure the proper functioning of that committee.

3. The Governor should submit an annual report to the President regarding the administration of the Hill Areas.

4. The Central Government can give directions to the State Government as to the administration of the Hill Areas.


• This was added by 27^th Constitutional Amendment Act of 1971.


• Hill areas means such areas as the President may, by order,declare to be Hill Areas.

Provisions for Andhra Pradesh -


• Articles 371-D and 371-E contain the special provisions for Andhra Pradesh.


• These were added by the 32^nd Constitutional Amendment Act of 1973.

Under Article 371-D -

1. The President is empowered to provide for equitable opportunities and facilities for the people belonging to different parts of the state in the matter of public employment and education and different provisions can be made for various parts of the state.

2. For the above purpose, the President may require the State Government to organize civil posts in local cadres for different parts of the state and provide for direct recruitment to posts in any local cadre.

3. He may specify parts of the state which shall be regarded as the local area for admission to any educational institution. He may also specify the extent and manner of preference or reservation given in the matter of direct recruitment to posts in any such cadre or admission to any such educational institution.

4. The President may provide for the establishment of an Administrative Tribunal in the state to deal with certain disputes and grievances relating to appointment, allotment or promotion to civil posts in the state.

5. The tribunal is to function outside the purview of the state High Court.

6. No court (other than the Supreme Court) is to exercise any jurisdiction in respect of any matter subject to the jurisdiction of the tribunal.

7. The President may abolish the tribunal when he is satisfied that its continued existence is not necessary.


• Article 371-E empowers the Parliament to provide for the establishment of a Central University in the state.

ANSWER: Karnataka

Explanation:

Sikkim -


• 36^th Constitutional Amendment Act of 1975 made Sikkim a full-fledged state of the Indian Union.

It included a new Article 371-F containing following special provisions with respect to Sikkim -

1. The Sikkim Legislative Assembly is to consist of not less than 30 members.

2. One seat is allotted to Sikkim in the Lok Sabha and Sikkim forms one Parliamentary constituency.

3. For the purpose of protecting the rights and interests of the different sections of the Sikkim population, the Parliament is empowered to provide for -

(i) number of seats in the Sikkim Legislative Assembly which may be filled by candidates belonging to such sections; and

(ii) delimitation of the Assembly constituencies from which candidates belonging to such sections alone may stand for election to the Assembly.

4. The Governor shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of the different sections of the Sikkim population.

5. In the discharge of this responsibility, the Governor shall act in his discretion,subject to the directions issued by the President.

6. The President can extend (with restrictions or modifications) to Sikkim any law which is in force in a state of the Indian Union.

Mizoram -

Article 371-G provides following special provisions -

1. The Acts of Parliament relating to the following matters would not apply to Mizoram unless the State Legislative Assembly so decides -

(i) religious or social practices of the Mizos;

(ii) Mizo customary law and procedure;

(iii) administration of civil and criminal justice involving decisions according to Mizo customary law; and

(iv) ownership and transfer of land.

2. The Mizoram Legislative Assembly is to consist of not less than 40 members.


• This was added by 53^rd Constitutional Amendment Act of 1986.

Arunachal Pradesh -

Under Article 371-H (by 55^th Constitutional Amendment Act of 1986), the following special provisions are made for Arunachal Pradesh -

1. The Governor of Arunachal Pradesh shall have special responsibility for law and order in the state.

2. In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgement and his decision is final.

3. This special responsibility of the Governor shall cease when the President so directs.

4. The Arunachal Pradesh Legislative Assembly is to consist of not less than 30 members.

Goa - Article 371-I provides that the Goa Legislative Assembly is to consist of not less than 30 members (added by the 56^th Constitutional Amendment Act of 1987).

Karnataka -

Under Article 371-J, the President is empowered to provide that the Governor of Karnataka would have special responsibility for -

1. The establishment of a separate development board for Hyderabad-Karnataka region.

2. Making a provision that a report on the working of the board would be placed every year before the State Legislative Assembly.

3. The equitable allocation of funds for developmental expenditure over the region.

4. The reservation of seats in educational and vocational training institutions in the region for students who belong to the region.

5. The reservation in state government posts in the region for persons who belong to the region.


• Article 371-J (which provided for special provisions for the Hyderabad-Karnataka region of the state of Karnataka) was inserted in the Constitution by the 98^th Constitutional Amendment Act of 2012.


• The Hyderabad - Karnataka region includes the 6 backward districts of Northern Karnataka, viz., Gulbarga, Bidar, Raichur, Koppal, Yadgir and Bellary.


• The special provisions aim to establish an institutional mechanism for equitable allocation of funds to meet the development needs over the region, as well as to enhance human resources and promote employment from the region by providing for local cadres in service and reservation in educational and vocational training institutions.


• In 2010, the Legislative Assembly as well as the Legislative Council of Karnataka passed separate resolutions seeking special provisions for the Hyderabad-Karnataka region of the state of Karnataka.


• The government of Karnataka also endorsed the need for special provisions for the region.


• The resolutions sought to accelerate development of the most backward region of the state and promote inclusive growth with a view to reducing inter-district and inter-regional disparities in the state.