173. Qualification for membership of the State Legislature.—
A
person shall not be qualified to be chosen to fill a seat in the Legislature of a
State unless he—
2
[
(a) is a citizen of India, and makes and subscribes before some
person authorised in that behalf by the Election Commission an oath or
affirmation according to the form set out for the purpose in the Third
Schedule;]
______________________________________________
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 30, for "five years"
(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 24, for "six years" (w.e.f. 6-9-1979).
2. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 4, for cl.
(a)
(w.e.f. 5-10-1963).
80 THE CONSTITUTION OF INDIA
(Part VI.—The States)
(b) is, in the case of a seat in the Legislative Assembly, not less than
twenty-five years of age and, in the case of a seat in the Legislative
Council, not less than thirty years of age; and
(c) possesses such other qualifications as may be prescribed in that
behalf by or under any law made by Parliament.
1
[174. Sessions of the State Legislature, prorogation and
dissolution.—
(1) The Governor shall from time to time summon the House or
each House of the Legislature of the State to meet at such time and place as he
thinks fit, but six months shall not intervene between its last sitting in one
session and the date appointed for its first sitting in the next session.
(2) The Governor may from time to time—
(a) prorogue the House or either House;
(b) dissolve the Legislative Assembly.]
175. Right of Governor to address and send messages to the House
or Houses.—
(1) The Governor may address the Legislative Assembly or, in
the case of a State having a Legislative Council, either House of the Legislature
of the State, or both Houses assembled together, and may for that purpose
require the attendance of members.
(2) The Governor may send messages to the House or Houses of the
Legislature of the State, whether with respect to a Bill then pending in the
Legislature or otherwise, and a House to which any message is so sent shall
with all convenient despatch consider any matter required by the message to be
taken into consideration.
176. Special address by the Governor.—
(1) At the commencement of
2
[the first session after each general election to the Legislative Assembly and at
the commencement of the first session of each year], the Governor shall
address the Legislative Assembly or, in the case of a State having a Legislative
Council, both Houses assembled together and inform the Legislature of the
causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of the
House or either House for the allotment of time for discussion of the matters
referred to in such address 3***.
______________________________________________
1. Subs. by the Constitution (First Amendment) Act, 1951, s. 8, for art.174
(w.e.f. 18-6-1951).
2. Subs. by s. 9, ibid., for "every session" (w.e.f. 18-6-1951).
3. The words "and for the precedence of such discussion over other business of the
House" omitted by s. 9, ibid. (w.e.f. 18-6-1951).
81 THE CONSTITUTION OF INDIA
(Part VI.—The States)
177. Rights of Ministers and Advocate-General as respects the
Houses.—Every Minister and the Advocate-General for a State shall have the
right to speak in, and otherwise to take part in the proceedings of, the
Legislative Assembly of the State or, in the case of a State having a Legislative
Council, both Houses, and to speak in, and otherwise to take part in the
proceedings of, any committee of the Legislature of which he may be named a
member, but shall not, by virtue of this article, be entitled to vote.
Officers of the State Legislature
178. The Speaker and Deputy Speaker of the Legislative
Assembly.—Every Legislative Assembly of a State shall, as soon as may be,
choose two members of the Assembly to be respectively Speaker and Deputy
Speaker thereof and, so often as the office of Speaker or Deputy Speaker
becomes vacant, the Assembly shall choose another member to be Speaker or
Deputy Speaker, as the case may be.
179. Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.—A member holding office as Speaker or
Deputy Speaker of an Assembly—
(a) shall vacate his office if he ceases to be a member of the Assembly;
(b) may at any time by writing under his hand addressed, if such
member is the Speaker, to the Deputy Speaker, and if such member is
the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the
Assembly passed by a majority of all the then members of the Assembly:
Provided that no resolution for the purpose of clause
(c) shall be moved
unless at least fourteen days' notice has been given of the intention to move the
resolution:
Provided further that, whenever the Assembly is dissolved, the Speaker
shall not vacate his office until immediately before the first meeting of the
Assembly after the dissolution.
180. Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.—
(1) While the office of Speaker
is vacant, the duties of the office shall be performed by the Deputy Speaker or,
if the office of Deputy Speaker is also vacant, by such member of the Assembly
as the Governor may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the Assembly
the Deputy Speaker or, if he is also absent, such person as may be determined
by the rules of procedure of the Assembly, or, if no such person is present, such
other person as may be determined by the Assembly, shall act as Speaker.
82 THE CONSTITUTION OF INDIA
(Part VI.—The States)
181. The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.—
(1) At any
sitting of the Legislative Assembly, while any resolution for the removal of the
Speaker from his office is under consideration, the Speaker, or while any
resolution for the removal of the Deputy Speaker from his office is under
consideration, the Deputy Speaker, shall not, though he is present, preside, and
the provisions of clause
(2) of article 180 shall apply in relation to every such
sitting as they apply in relation to a sitting from which the Speaker or, as the
case may be, the Deputy Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take
part in the proceedings of, the Legislative Assembly while any resolution for
his removal from office is under consideration in the Assembly and shall,
notwithstanding anything in article 189, be entitled to vote only in the first
instance on such resolution or on any other matter during such proceedings but
not in the case of an equality of votes.
182. The Chairman and Deputy Chairman of the Legislative
Council.—The Legislative Council of every State having such Council shall, as
soon as may be, choose two members of the Council to be respectively
Chairman and Deputy Chairman thereof and, so often as the office of Chairman
or Deputy Chairman becomes vacant, the Council shall choose another member
to be Chairman or Deputy Chairman, as the case may be.
183. Vacation and resignation of, and removal from, the offices of
Chairman and Deputy Chairman.—A member holding office as Chairman or
Deputy Chairman of a Legislative Council—
(a) shall vacate his office if he ceases to be a member of the Council;
(b) may at any time by writing under his hand addressed, if such
member is the Chairman, to the Deputy Chairman, and if such member is
the Deputy Chairman, to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council
passed by a majority of all the then members of the Council:
Provided that no resolution for the purpose of clause
(c) shall be moved unless
at least fourteen days' notice has been given of the intention to move the resolution.
184. Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.—
(1) While the office of
Chairman is vacant, the duties of the office shall be performed by the Deputy
Chairman or, if the office of Deputy Chairman is also vacant, by such member
of the Council as the Governor may appoint for the purpose.
83 THE CONSTITUTION OF INDIA
(Part VI.—The States)
(2) During the absence of the Chairman from any sitting of the Council
the Deputy Chairman or, if he is also absent, such person as may be determined
by the rules of procedure of the Council, or, if no such person is present, such
other person as may be determined by the Council, shall act as Chairman.
185. The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.—
(1) At any
sitting of the Legislative Council, while any resolution for the removal of the
Chairman from his office is under consideration, the Chairman, or while any
resolution for the removal of the Deputy Chairman from his office is under
consideration, the Deputy Chairman, shall not, though he is present, preside,
and the provisions of clause
(2) of article 184 shall apply in relation to every
such sitting as they apply in relation to a sitting from which the Chairman or, as
the case may be, the Deputy Chairman is absent.
(2) The Chairman shall have the right to speak in, and otherwise to take
part in the proceedings of, the Legislative Council while any resolution for his
removal from office is under consideration in the Council and shall,
notwithstanding anything in article 189, be entitled to vote only in the first
instance on such resolution or on any other matter during such proceedings but
not in the case of an equality of votes.
186. Salaries and allowances of the Speaker and Deputy Speaker
and the Chairman and Deputy Chairman.—There shall be paid to the
Speaker and the Deputy Speaker of the Legislative Assembly, and to the
Chairman and the Deputy Chairman of the Legislative Council, such salaries
and allowances as may be respectively fixed by the Legislature of the State by
law and, until provision in that behalf is so made, such salaries and allowances
as are specified in the Second Schedule.
187. Secretariat of State Legislature.—
(1) The House or each House
of the Legislature of a State shall have a separate secretarial staff:
Provided that nothing in this clause shall, in the case of the Legislature
of a State having a Legislative Council, be construed as preventing the creation
of posts common to both Houses of such Legislature.
(2) The Legislature of a State may by law regulate the recruitment, and
the conditions of service of persons appointed, to the secretarial staff of the
House or Houses of the Legislature of the State.
84 THE CONSTITUTION OF INDIA
(Part VI.—The States)
(3) Until provision is made by the Legislature of the State under clause
(2),
the Governor may, after consultation with the Speaker of the Legislative Assembly
or the Chairman of the Legislative Council, as the case may be, make rules
regulating the recruitment, and the conditions of service of persons appointed, to the
secretarial staff of the Assembly or the Council, and any rules so made shall have
effect subject to the provisions of any law made under the said clause.
Conduct of Business
188. Oath or affirmation by members.—Every member of the
Legislative Assembly or the Legislative Council of a State shall, before taking
his seat, make and subscribe before the Governor, or some person appointed in
that behalf by him, an oath or affirmation according to the form set out for the
purpose in the Third Schedule.
189. Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.—
(1) Save as otherwise provided in this Constitution,
all questions at any sitting of a House of the Legislature of a State shall be
determined by a majority of votes of the members present and voting, other
than the Speaker or Chairman, or person acting as such.
The Speaker or Chairman, or person acting as such, shall not vote in the
first instance, but shall have and exercise a casting vote in the case of an
equality of votes.
(2) A House of the Legislature of a State shall have power to act
notwithstanding any vacancy in the membership thereof, and any proceedings
in the Legislature of a State shall be valid notwithstanding that it is discovered
subsequently that some person who was not entitled so to do sat or voted or
otherwise took part in the proceedings.
1
[
(3) Until the Legislature of the State by law otherwise provides, the
quorum to constitute a meeting of a House of the Legislature of a State shall be
ten members or one-tenth of the total number of members of the House,
whichever is greater.
(4) If at any time during a meeting of the Legislative Assembly or the
Legislative Council of a State there is no quorum, it shall be the duty of the
Speaker or Chairman, or person acting as such, either to adjourn the House or
to suspend the meeting until there is a quorum.]
______________________________________________
1. Omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 31 (date not
notified). This amendment was omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 45 (w.e.f. 20-6-1979).
85 THE CONSTITUTION OF INDIA
(Part VI.—The States)
Disqualifications of Members
190. Vacation of seats.—
(1) No person shall be a member of both
Houses of the Legislature of a State and provision shall be made by the
Legislature of the State by law for the vacation by a person who is chosen a
member of both Houses of his seat in one house or the other.
(2) No person shall be a member of the Legislatures of two or more
States specified in the First Schedule and if a person is chosen a member of the
Legislatures of two or more such States, then, at the expiration of such period
as may be specified in rules1 made by the President, that person's seat in the
Legislatures of all such States shall become vacant, unless he has previously
resigned his seat in the Legislatures of all but one of the States.
(3) If a member of a House of the Legislature of a State—
(a) becomes subject to any of the disqualifications mentioned in
2
[clause
(1) or clause
(2) of article 191]; or
3
[
(b) resigns his seat by writing under his hand addressed to the
speaker or the Chairman, as the case may be, and his resignation is
accepted by the Speaker or the Chairman, as the case may be,]
his seat shall thereupon become vacant:
4
[Provided that in the case of any resignation referred to in sub-clause
(b),
if from information received or otherwise and after making such inquiry as he
thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such
resignation is not voluntary or genuine, he shall not accept such resignation.]
(4) If for a period of sixty days a member of a House of the Legislature
of a State is without permission of the House absent from all meetings thereof,
the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall
be taken of any period during which the House is prorogued or is adjourned for
more than four consecutive days.
______________________________________________
1. See the Prohibition of Simultaneous Membership Rules, 1950 published by the
Ministry of Law Notification number F. 46/50-C, dated the 26th January, 1950,
Gazette of India, Extraordinary, p. 678.
2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 4, for "clause
(1) of
article 191" (w.e.f. 1-3-1985).
3 Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 3 (w.e.f. 19-5-1974).
4. Ins. by s. 3, ibid. (w.e.f. 19-5-1974).
86 THE CONSTITUTION OF INDIA
(Part VI.—The States)
191. Disqualifications for membership.—
(1) A person shall be
disqualified for being chosen as, and for being, a member of the Legislative
Assembly or Legislative Council of a State—
1
[
(a) if he holds any office of profit under the Government of India or
the Government of any State specified in the First Schedule, other than
an office declared by the Legislature of the State by law not to disqualify
its holder;]
(b) if he is of unsound mind and stands so declared by a competent
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 acknowledgment of
allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
2
[Explanation.—For the purposes of this clause], a person shall not be
deemed to hold an office of profit under the Government of India or the
Government of any State specified in the First Schedule by reason only that he
is a Minister either for the Union or for such State.
3
[
(2) A person shall be disqualified for being a member of the
Legislative Assembly or Legislative Council of a State if he is so disqualified
under the Tenth Schedule.]
4
[192. Decision on questions as to disqualifications of members.—
(1)
If any question arises as to whether a member of a House of the Legislature of a
State has become subject to any of the disqualifications mentioned in clause
(1)
of article 191, the question shall be referred for the decision of the Governor
and his decision shall be final.
______________________________________________
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 32 to read as "
(a) if
he holds any such office of profit under the Government of India or the Government of
any State specified in the First Schedule as is declared by Parliament by law to
disqualify its holder" (date not notified). This amendment was omitted by the
Constitution (Forty-fourth Amendment) Act, 1978, s. 45 (w.e.f. 20-6-1979).
2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 5, for "
(2) For the
purposes of this article" (w.e.f. 1-3-1985).
3. Ins. by s. 5, ibid. (w.e.f. 1-3-1985).
4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 33, for art. 192
(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 25, for art. 192 (w.e.f. 20-6-1979).
87 THE CONSTITUTION OF INDIA
(Part VI.—The States)
(2) Before giving any decision on any such question, the Governor shall
obtain the opinion of the Election Commission and shall act according to such
opinion.]
193. Penalty for sitting and voting before making oath or affirmation
under article 188 or when not qualified or when disqualified.—If a person
sits or votes as a member of the Legislative Assembly or the Legislative
Council of a State before he has complied with the requirements of article 188,
or when he knows that he is not qualified or that he is disqualified for
membership thereof, or that he is prohibited from so doing by the provisions of
any law made by Parliament or the Legislature of the State, he shall be liable in
respect of each day on which he so sits or votes to a penalty of five hundred
rupees to be recovered as a debt due to the State.
Powers, Privileges and Immunities of State Legislatures
and their Members
194. Powers, privileges, etc., of the Houses of Legislatures and of the
members and committees thereof.—
(1) Subject to the provisions of this
Constitution and to the rules and standing orders regulating the procedure of the
Legislature, there shall be freedom of speech in the Legislature of every State.
(2) No member of the Legislature of a State shall be liable to any
proceedings in any court in respect of anything said or any vote given by him in
the Legislature or any committee thereof, and no person shall be so liable in
respect of the publication by or under the authority of a House of such a
Legislature of any report, paper, votes or proceedings.
1
[
(3) In other respects, the powers, privileges and immunities of a House
of the Legislature of a State, and of the members and the committees of a
House of such Legislature, shall be such as may from time to time be defined
______________________________________________
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 34 to read as
follows :
"
(3) In other respects, the powers, privileges and immunities of a House of the
Legislature of a State, and of the members and the committees of a House of such
Legislature, shall be those of that House, and of its members and Committees, at the
commencement of section 34 of the Constitution (Forty-second Amendment) Act,
1976, and as may be evolved by such House of the House of the People, and of its
members and committees where such House is the Legislative Assembly and in
accordance with those of the Council of States, and of its members and committees
where such House is the Legislative Council." (date not notified). This amendment
was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45
(w.e.f. 19-6-1979)."
88 THE CONSTITUTION OF INDIA
(Part VI.—The States)
by the Legislature by law, and, until so defined, 1[shall be those of that House
and of its members and committees immediately before the coming into force
of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978].
(4) The provisions of clauses
(1),
(2) and
(3) shall apply in relation to
persons who by virtue of this Constitution have the right to speak in, and
otherwise to take part in the proceedings of, a House of the Legislature of a State
or any committee thereof as they apply in relation to members of that Legislature.
195. Salaries and allowances of members.—Members of the
Legislative Assembly and the Legislative Council of a State shall be entitled to
receive such salaries and allowances as may from time to time be determined,
by the Legislature of the State by law and, until provision in that respect is so
made, salaries and allowances at such rates and upon such conditions as were
immediately before the commencement of this Constitution applicable in the
case of members of the Legislative Assembly of the corresponding Province.
Legislative Procedure
196. Provisions as to introduction and passing of Bills.—
(1) Subject
to the provisions of articles 198 and 207 with respect to Money Bills and other
financial Bills, a Bill may originate in either House of the Legislature of a State
which has a Legislative Council.
(2) Subject to the provisions of articles 197 and 198, a Bill shall not be
deemed to have been passed by the Houses of the Legislature of a State having
a Legislative Council unless it has been agreed to by both Houses, either
without amendment or with such amendments only as are agreed to by both
Houses.
(3) A Bill pending in the Legislature of a State shall not lapse by reason
of the prorogation of the House or Houses thereof.
(4) A Bill pending in the Legislative Council of a State which has not
been passed by the Legislative Assembly shall not lapse on a dissolution of the
Assembly.
(5) A Bill which is pending in the Legislative Assembly of a State, or
which having been passed by the Legislative Assembly is pending in the
Legislative Council, shall lapse on a dissolution of the Assembly.
197. Restriction on powers of Legislative Council as to Bills other
than Money Bills.—
(1) If after a Bill has been passed by the Legislative
Assembly of a State having a Legislative Council and transmitted to the
Legislative Council—
______________________________________________
1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 26, for certain
words (w.e.f. 20-6-1979).
89 THE CONSTITUTION OF INDIA
(Part VI.—The States)
(a) the Bill is rejected by the Council; or
(b) more than three months elapse from the date on which the Bill is
laid before the Council without the Bill being passed by it; or
(c) the Bill is passed by the Council with amendments to which the
Legislative Assembly does not agree;
the Legislative Assembly may, subject to the rules regulating its procedure, pass the
Bill again in the same or in any subsequent session with or without such amendments,
if any, as have been made, suggested or agreed to by the Legislative Council and then
transmit the Bill as so passed to the Legislative Council.
(2) If after a Bill has been so passed for the second time by the
Legislative Assembly and transmitted to the Legislative Council—
(a) the Bill is rejected by the Council; or
(b) more than one month elapses from the date on which the Bill is
laid before the Council without the Bill being passed by it; or
(c) the Bill is passed by the Council with amendments to which the
Legislative Assembly does not agree;
the Bill shall be deemed to have been passed by the Houses of the Legislature of the
State in the form in which it was passed by the Legislative Assembly for the second
time with such amendments, if any, as have been made or suggested by the Legislative
Council and agreed to by the Legislative Assembly.
(3) Nothing in this article shall apply to a Money Bill.
198. Special procedure in respect of Money Bills.—
(1) A Money Bill
shall not be introduced in a Legislative Council.
(2) After a Money Bill has been passed by the Legislative Assembly of a
State having a Legislative Council, it shall be transmitted to the Legislative
Council for its recommendations, and the Legislative Council shall within a
period of fourteen days from the date of its receipt of the Bill return the Bill to the
Legislative Assembly with its recommendations, and the Legislative Assembly
may thereupon either accept or reject all or any of the recommendations of the
Legislative Council.
(3) If the Legislative Assembly accepts any of the recommendations of
the Legislative Council, the Money Bill shall be deemed to have been passed
by both Houses with the amendments recommended by the Legislative Council
and accepted by the Legislative Assembly.
(4) If the Legislative Assembly does not accept any of the
90 THE CONSTITUTION OF INDIA
(Part VI.—The States)
recommendations of the Legislative Council, the Money Bill shall be deemed
to have been passed by both Houses in the form in which it was passed by the
Legislative Assembly without any of the amendments recommended by the
Legislative Council.
(5) If a Money Bill passed by the Legislative Assembly and transmitted
to the Legislative Council for its recommendations is not returned to the
Legislative Assembly within the said period of fourteen days, it shall be
deemed to have been passed by both Houses at the expiration of the said period
in the form in which it was passed by the Legislative Assembly.
199. Definition of “Money Bills”.—
(1) For the purposes of this
Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions
dealing with all or any of the following matters, namely:—
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any
guarantee by the State, or the amendment of the law with respect to any
financial obligations undertaken or to be undertaken by the State;
(c) the custody of the Consolidated Fund or the Contingency Fund
of the State, the payment of moneys into or the withdrawal of moneys
from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of
the State;
(e) the declaring of any expenditure to be expenditure charged on
the Consolidated Fund of the State, or the increasing of the amount of
any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of the
State or the public account of the State or the custody or iss
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