Difference Between Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad)

Introduction

The distinction between the Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad) at the State Level is crucial within the Indian Polity syllabus. Some states maintain a bicameral legislature, consisting of both the Legislative Assembly and the Legislative Council, while others operate with a unicameral system, only having the Legislative Assembly.

Difference Between Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad)

The Legislative Assembly serves as the primary chamber, directly elected by the populace, and holds substantial power within the state. Since the inception of the Constitution, certain states, including Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana, and Uttar Pradesh, have adopted a bicameral system through amendments as per Article 169.

In contrast, the Legislative Council is the upper house in states with a bicameral legislature. It typically consists of members who are either appointed by various bodies or elected through indirect elections. The role of the Legislative Council varies from state to state. Generally, it includes revising legislation proposed by the Legislative Assembly and providing a platform for more deliberative and specialized discussions.

Understanding the difference between these two legislative bodies is crucial for aspirants preparing for the UPSC Civil Service exam, as it provides insights into the foundational structure and functioning of state governments in India. This article will discuss these two terms in detail.

Legislative Assembly

The primary house of a state government, known as the Legislative Assembly, is widely recognized as the popular House. Leading this assembly is the Chief Presiding Officer, referred to as the Speaker. The Speaker's selection is determined through a vote among the assembly members themselves. In instances where the Speaker is absent or when the position remains vacant, the responsibility of presiding over the proceedings falls to the Deputy Speaker.

However, should both the Speaker and Deputy Speaker positions remain unfilled, the Governor holds the authority to appoint members from the assembly to assume these vacant roles temporarily. The members of the Legislative Assembly are directly elected by the citizens of the state from designated territorial constituencies, adhering to the principle of universal adult franchise.

The Speaker's role holds significant importance within the Legislative Assembly, as they are tasked with ensuring the orderly conduct of proceedings, maintaining decorum, and upholding the rules of parliamentary practice. Additionally, the Speaker plays a pivotal role in facilitating debates, deliberations, and the passage of legislation within the assembly.

Overall, the Legislative Assembly serves as a key institution within the state's governance framework, representing the will and aspirations of the people through their elected representatives. Understanding the structure and functioning of the Legislative Assembly is crucial for anyone interested in comprehending the dynamics of state-level politics and governance.

Legislative Assembly Composition

The size of the State Assembly is regulated by specific parameters, stipulating that it must consist of a minimum of 60 members and a maximum of 500 members. However, for smaller states, the central government has established a lower threshold for the number of assembly members. This variation in the size of the assembly caters to the diverse demographics and territorial considerations across different states within the country.

Moreover, the allocation of seats in the Legislative Assembly takes into account the demographic composition of the state's population. As part of this process, seats are reserved for members belonging to the Scheduled Castes (SC) and Scheduled Tribes (ST) communities. This provision ensures the representation and empowerment of marginalized communities within the legislative framework, aligning with principles of social justice and inclusivity.

The composition of the Legislative Assembly plays a crucial role in ensuring equitable representation and effective governance. It reflects the democratic principles of proportional representation and ensures that the diverse voices and interests of the population are adequately represented in the decision-making process. Understanding the dynamics of seat allocation and representation in the Legislative Assembly is essential for grasping the functioning and significance of state-level politics and governance in India.

Legislative Assembly Duration

Each Legislative Assembly in every state operates under a prescribed term of five years, although this duration can be terminated prematurely at the discretion of the Governor. Notably, the tenure of State Legislative Assemblies underwent a modification through constitutional amendments. Initially set at five years, the tenure was extended to six years by the 42nd Amendment Act of the Constitution in 1976. However, the 44th Amendment Act of 1978 reverted the tenure to five years.

It's essential to comprehend the significance of these legislative terms as they dictate the duration of the Assembly's authority and mandate. The five-year term provides a structured timeline within which the elected representatives exercise their legislative duties and serve their constituencies. The periodic renewal of the Assembly through elections ensures accountability and reflects the democratic principles of governance.

During times of national emergency, the lifespan of the Assembly may be extended through parliamentary legislation, albeit with certain limitations. The extension can occur for a maximum period of one year at a time, yet it cannot surpass six months beyond the cessation of the emergency proclamation. This provision balances the necessities of emergencies with the principles of democratic governance, ensuring that the legislative process remains responsive to changing circumstances while upholding constitutional norms and safeguards. Understanding these provisions is crucial for comprehending the dynamics of state-level governance and the interaction between constitutional principles and practical governance realities.

Members of the Legislative Assembly

The composition of State Legislative Assemblies varies significantly across India, ranging from as few as 60 representatives to as many as 500. Notably, certain states like Goa, Arunachal Pradesh, and Sikkim deviate from this norm, enjoying the privilege of smaller assemblies. However, it's essential to maintain a balance in representation, ensuring that the population-to-legislature seat ratio remains relatively consistent across all states. This ensures equitable, democratic representation regardless of the size or population of a particular state. Goa, Arunachal Pradesh, and Sikkim serve as exceptions to the standard model, acknowledging their unique circumstances while still upholding the principle of proportional representation within the legislative framework.

Legislative Assembly Members Qualification

To qualify for membership in either the Legislative Assembly or the Legislative Council, individuals must meet several criteria. Firstly, they must hold Indian citizenship, ensuring that those who represent the people are rooted in the nation they serve. Additionally, prospective members must attain a minimum age of 25 years for the Legislative Assembly and 30 years for the Legislative Council, reflecting the expectation of maturity and experience in governance. Moreover, aspiring legislators must fulfill the eligibility conditions outlined by the Parliament, ensuring that they possess the necessary qualifications, such as educational background or experience, to discharge their duties as representatives of the people effectively. These criteria serve as essential benchmarks to uphold the integrity and effectiveness of the legislative process, ensuring that those who shape policies and laws are equipped with the requisite qualities and commitment to serve the public interest.

Now, let's move on to the discussion of the Legislative Council in detail,

Legislative Council

India's Legislative Council serves as a perpetual body integral to the legislative process, actively engaging in the formulation and passage of laws. Comprising members drawn from the state legislatures, this upper chamber constitutes a crucial component of India's bicameral legislature. Its membership encompasses appointees, representatives nominated by state legislatures, and delegates elected by municipal bodies.

The Legislative Council, designated as the upper house of India's parliament, operates as a continuous institution with a prescribed ceiling of 250 members. Among these, one-third are designated by members of the State Legislative Assembly, while the remainder adhere to criteria periodically established by the Parliament. To ensure continuity, members serve six-year terms, with a third of the council retiring every two years, thus fostering a dynamic and evolving composition.

Responsibilities within the Legislative Council extend to the election of key officials, such as the Chairman and Deputy Chairman, further solidifying its autonomy and functional capacity. Though restricted from deliberating on money bills, the Council functions as a deliberative body empowered to scrutinize, endorse, and propose amendments to legislation ratified by the Legislative Assembly. This deliberative process underscores the Council's pivotal role in shaping and refining legislative outcomes, enriching the democratic discourse within India's parliamentary framework.

Legislative Council Formation

The Indian parliament consists of two chambers, akin to the two houses of Parliament as outlined in Article 169 of the Constitution, which allows states to establish a Legislative Council alongside the Legislative Assembly. Presently, six states'Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka'possess such councils.

In 2020, the Andhra Pradesh Legislative Assembly passed a resolution to dissolve its Legislative Council. However, for the dissolution to take effect, it requires approval from the Indian Parliament. Additionally, the Jammu and Kashmir Legislative Council ceased to exist in 2019 following the enactment of the J&K Reorganization Bill, which transformed the former state into the Union Territories of J&K and Ladakh.

Legislative Council Member

Members of the Legislative Council in India serve a crucial function within the country's bicameral legislative framework, providing a forum for wider representation, thorough examination of laws, and enhanced deliberation on important matters. As per Article 171, the membership of a legislative council cannot surpass one-third of the total membership of the corresponding Legislative Assembly, and it must have a minimum of 40 members.

Constitutional Provisions of the Legislative Council

Article 168 establishes the presence of Legislative Councils in states that have bicameral legislatures.
Article 170 sets the upper and lower limits on the size of the Legislative Council relative to the size of the Legislative Assembly.
Article 171 outlines the various methods of selecting Members of the Legislative Council (MLCs), which include election by Members of the Legislative Assembly (MLAs), graduates, local bodies, and appointment by the Governor.
Article 172 defines the term of office for Members of the Legislative Council (MLCs) as six years, with one-third of the members retiring every two years.
Article 173 lists the qualifications required to become an MLC, such as age and citizenship, and specifies disqualifications based on certain offenses or holding particular positions.

Legislative Council Composition

As per Article 171 of the Constitution, a state's legislative council must have a minimum of 40 members and can have a maximum of one-third of the members of the State Assembly. The legislative council operates as a perpetual chamber, akin to the Rajya Sabha, indicating it is a permanent body that cannot be dissolved. Members of the Legislative Council (MLCs) serve a six-year term, with one-third of them retiring every two years.

Election of Legislative Council

Various constituencies elect one-third of the members of the Assembly. Among these constituencies, 1/3 are chosen by electorates comprising representatives from the state's municipalities, district boards, and other local authorities. Another 1/12 of the members are elected by teachers who form a distinct electorate. Additionally, registered graduates have the privilege of electing another 1/12 of the total members. The remaining members are nominated by the Governor, drawn from individuals who have demonstrated excellence in fields such as literature, science, art, the cooperative movement, and social service. This diverse method of selection ensures representation from different sectors and backgrounds within the Legislative Council.

Power and Role of the Legislative Council

Legislative Councils, unlike the Rajya Sabha, are not endowed with the constitutional power to pass non-financial legislation, representing a significant distinction between the two bodies. Moreover, while legislative assemblies hold the authority to dismiss suggestions or modifications proposed by the Council, such recommendations are not binding. Another notable difference lies in the voting rights during presidential and vice-presidential elections: Members of Legislative Councils are barred from participating, unlike their counterparts in the Rajya Sabha. Similarly, MLCs are ineligible to vote in elections for Rajya Sabha members. These disparities underscore the varying roles and functions of Legislative Councils compared to the Rajya Sabha within India's parliamentary system.

Difference Between Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad): Table

Conclusion

In conclusion, the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad) play distinct yet complementary roles within the state-level legislative framework of India. While the Legislative Assembly serves as the primary house directly elected by the populace, the Legislative Council functions as the upper house, employing indirect means of selection. The tenure of members in the Assembly spans five years, whereas Council members hold office for six years. Additionally, the Speaker presides over the Assembly, while the Chairman oversees the Council's proceedings. Understanding these differences is crucial for comprehending the nuanced dynamics of state-level governance and legislative processes in India.

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Legislative Assembly	Legislative Council
The Legislative Assembly functions as the primary house of the State Legislature.	The Legislative Council operates as the secondary house of the State Legislature.
Members of the Legislative Assembly are chosen through direct elections.	Members of the Legislative Council are selected through indirect means.
The populace directly elects members of the Legislative Assembly.	Members of the Legislative Council are elected by diverse entities such as the state legislative assembly, local bodies, and other relevant groups.
Members of the Legislative Assembly have a tenure lasting 5 years.	Members of the Legislative Council hold office for 6 years.
The Speaker oversees proceedings in the Legislative Assembly.	The Chairman presides over the Legislative Council.
The minimum age requirement for membership in the Legislative Assembly is 25 years.	The minimum age requirement for membership in the Legislative Council is 30 years.
Every state in India possesses a Legislative Assembly.	However, only six states in India, namely Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh, have a Legislative Council.
The Legislative Assembly can have a maximum of 500 members and a minimum of 60 members. On the other hand.		The Legislative Council should consist of one-third of the total number of members in the Legislative Assembly, with a minimum requirement of 40 members.