Chapters :
  • LIBERAL INTELLECTUAL PRINCIPLES – 17
  •  The Advocate General of a state
  • Duties and Functions
  • Duties and Functions
  • THE STATE LEGISLATURE
  • State Legislative Assembly and State Legislative Council
  • Legislative Procedure

LIBERAL INTELLECTUAL PRINCIPLES – 17

 
  • The Advocate General of a state
Article 165 in Part VI of the constitution provides for the office of Advocate General of State. He is the highest law officer in the state. Appointment and Qualification: The Advocate General is appointed by the Governor. He should be qualified to be appointed as a judge of the High Court. Tenure and Removal: He does not have the security of tenure and can be removed by the Governor anytime. Thus, he holds office during the pleasure of Governor. By convention, when the council of ministers of the state government resigns, the Advocate General of the state will also resign. He is not a public servant under the state government. Duties and Functions:
  1. He is the chief law officer of the state government.
  2. He advises the state government on legal matters that are referred to him by the Governor.
  3. He performs other duties of legal character conferred on him by the constitution and other ordinary laws.
 Privileges:
  1. He enjoys the right of audience in all the courts within the territory of the state.
  2. He enjoys the right to speak and take part in the proceedings of both the houses of state legislature, joint sittings and committees of the houses to which he is named as a member.
  3. He enjoys the privileges and immunities of Members of Legislative Assemblies(MLAs).
THE STATE LEGISLATURE Articles 168 to 212 in Part VI deal with the organisation, composition, duration, powers and so on of state legislature.The organisation of state legislature is not uniform throughout the country. Some states have bicameral legislature and others have unicameral legislature. The constitution provides provisions for the creation and abolition of State Legislative Council(SLC) in the states.
  • State Legislative Assembly and State Legislative Council
S.No   State Legislative Assembly State Legislative Council
1 Nature of Election The members are directly elected by the people. The members are indirectly elected by diverse groups.
2 Strength It depends on the population size of the state. However, the maximum limit is fixed at 500. The maximum strength should not exceed 1/3rd of the total strength of the SLA
3 Nominated Members The Governor nominates 1 member from the Anglo-Indian community. The Governor nominates 1/6th of the members from amongst the persons having special knowledge or practical experiences in literature, science, art, cooperative movements and social service.
4 Duration Five years It is a permanent body. 1/3rd of the members retire every two years.
5 Qualification of Members a)   Must be a citizen of India b)  Should not be less than 25 years of age a)   Must be a citizen of India b)  Should not be less than 30 years of age
6 Grounds of Disqualification a)   If he holds any office of profit under the union or the state governments. b)  If he is an insolvent c)   If he is declared to have unsound mind d)  If he is not a citizen of India e)   If he stands disqualified under any law enacted by the Parliament f)    Defection a)   If he holds any office of profit under the union or the state governments. b)  If he is an insolvent c)   If he is declared to have unsound mind d)  If he is not a citizen of India e)   If he stands disqualified under any law enacted by the Parliament f)    Defection
7 Presiding Officers The Speaker is the presiding officer of SLA. He is elected by the assembly from amongst its members. The Chairman is the presiding officer of SLC. He is elected by the council  from amongst its members.
  • Legislative Procedure
 
S.No Ordinary Bill Money Bill
1 a)   It can originate either in SLA or SLC b)  Can be introduced either by a minister or a private member a)   It can originate only in the SLA b)  Can be introduced only by a minister not by a private member
2 When an ordinary bill is passed in the SLA and sent to the SLC for voting, it has four alternatives. a)   Pass the bill without amendments b)  Pass the bill with amendments and return it to the SLA for reconsideration c)   Reject the bill altogether d)  May not take any action on the bill and keep it pending When a money bill is passed in the SLA and sent to the SLC, it can only make recommendations with respect to the bill. It can neither reject nor make amendments to the bill. It has to return the bill within 14 days to the SLA. If the SLC fails to return the bill within 14 days, the bill is deemed to be passed by both the houses.
3 If the SLC passes an ordinary bill with amendments that are not acceptable to the SLA or rejects the bill or keeps the bill pending for three months, the SLA can pass the bill once again. Now, if the council rejects or passes the bill with amendments that are not acceptable to the SLA or keeps the bill pending for one month, then the bill is deemed to be passed by both the houses. The SLC has no powers over the money bills. It can only delay the passage of the bill for 14 days.
4 When an ordinary bill originated in the SLC is rejected by the SLA, the bill becomes dead. Money bills can be introduced only in the SLA.
5 When an ordinary bill is sent for Governor’s assent, a)   He may give his assent to the bill b)  He may withhold his assent c)   He may return it for reconsideration d)  He may reserve it for the consideration of the President When a money bill is sent for Governor’s assent, a)   He may give his assent to the bill b)  He may withhold his assent c)   He may reserve it for the consideration of the President d)  He cannot return it for reconsideration
6 When the governor reserves an ordinary bill for the consideration of the President, a)   He may give his assent to the bill b)  He may withhold his assent c)   He may return it for reconsideration and if the bill is presented to him with or without amendments after reconsideration, he may give his assent or reject the bill. When the governor reserves a money bill for the consideration of the President, a)   He may give his assent to the bill b)  He may withhold his assent c)   He cannot return the bill for reconsideration
 
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