Legislative Procedure of State

Article 196

  • Provisions as to introduction and passing of Bills
  • a Bill may originate in either house of the legislature of a state which has a legislative council
  • A Bill pending in the legislative Council of a state which has not been passed by the legislative assembly shall not lapse on dissolution of the assembly
  • A Bill pending or passed in the Legislative Assembly of a State but pending in the legislative Council shall lapse on a dissolution of the Assembly

Article 197

  • Restriction on powers of legislative council a to bill other than money bills
  • A bill passed by the legislative assembly of a state is transmitted to the legislative council
  • If legislative council
  1. rejects the bill
  2. three months elapse without the bill being passed
  3. passes the bill with amendments to which the legislative assembly does not agree
  • The legislative assembly may, pass the bill again if the same or in any subsequent session with or without such amendments

-2. If after a Bill passed for the second time by the legislative assembly and transmitted to the legislative council

 

  • In the legislative council
  1. the bill is rejected
  2. more than one month elapses without the Bill being passed
  3. Bill is passed with amendments to which the Legislative assembly does not agree
  • the bill is deemed to be passed by the house of the legislature of the state with or without amendments

Article 198

  • Special procedure in respect of Money Bills
  1. A money Bill shall not be introduced in a legislative council

Legislative council shall within a period of fourteen days return the Bill to the legislative assembly with its recommendations

Legislative Assembly may accept or reject all or any of the recommendations of the Legislative council

If legislative council does not return the bill to the legislative assembly within fourteen days it shall to have been passed by both houses

 

 

Assent to Bills in State Legislature

Article 200

  • Assent to Bills
  • Any Bill passed by the legislature of the state is sent to the Governor for his assent.
  • Governor may
  • assent the bill at the first instance
  • or return the bill, if it is not a money Bill
  • or reserve the Bill for the consideration of the president
  • A Bill
  • Returned by Governor can be passed by the house with or without amendment
  • so passed is presented to the Governor for assent, the Governor shall not withhold assent there form
  • Governor shall reserve the bill for consideration of the President, if is became law so derogate powers of the High court

Article 201

  • Bills reserved for consideration
  • When a Bill is reserved by a Governor for the President, the president shall
  • assent to the bill
  • direct the Governor to return the Bill to the house
  • The returned bill is reconsidered by the house within the period of six months
  • if the bill is again passed by the house with or without amendment, it shall be presented again to the president for his consideration

 

Procedure in Financial Matters in State Legislature

Article 202

  1. Every financial year, the Governor lays the annual financial statement before the legislature of state

Annual financial statement

  1. The estimates of expenditure constitutes
  2. expenditure charged upon the Consolidated fund of India
  3. expenditure proposed to be made from the consolidated fund of India
  4. Expenditure charged on the Consolidated fund of India
  • the emoluments and allowance of the Governor
  • Debt charges of Government
  • salaries, allowance and pensions of judges of the High Court

Article 203

  • Procedure in legislature with respect to estimates
  • expenditure charged upon the consolidated fund of India
  • other expenditure charged from consolidated fund of India are submitted in the form of demand of demands for grants to the legislative assembly
  • House of the people have power
  • to assent, or to refuse to assent, to any demand
  • to assent to any demand subject to reduction of the amount specified therein
  • No demand for a grant shall be made except on the recommendation of the Governor

Article 204

  1. Appropriate bill is introduced for the appropriation of funds from the consolidated fund of India

Appropriation Bills

  1. Bills cannot be amended
  • to vary the amount or alter the destination of any grant
  • to vary the amount of any expenditure charged on the consolidated fund of India

Article 205

  • Supplementary, additional or excess grants
  • The Governor shall lay before the legislative assembly, another statement for excess grants

Article 206

  • Votes on account, votes of credit and exceptional grants
  • The legislative assembly have power
  1. to make any grant in advance
  2. to make a grant for meeting an unexpected demand upon the magnitude or the indefinite character of the service
  3. to make an exceptional grant which forms no part of the current service of any financial year

 

Procedures of Legislature of State

Article 208

  • Rules of procedure
  • Each house of the Legislature of state may make rules for conduct of its business

Article 210

  • Business in Parliament shall be transacted in official language or languages of the State, Hindi or English
  • Any member who cannot adequately express himself in Hindi or in English can address the house in his mother-tongue

Article 211

  • Restriction on discussion in legislature of state
  • No discussion shall take place in the legislature of state regarding the conduct of any judge of supreme court or High Court

Article 212

  • Courts not inquire into proceedings of legislature
  • The validity of proceedings in legislature cannot be questioned on the grounds of irregularity of procedure
  • No officer or member of legislature shall be subjected to the jurisdiction of any court

 

Legislature Power of the Governor

Article 213

  • Power of Governor to promulgate ordinance during recess of legislature
  • When both house of the legislature of state is not in session, Governor may promulgate ordinances in following circumstances
  • An Ordinance promulgated under this article shall have the same force and effect as an Act of Legislature assented to by the Governor
  • Such Ordinances
  • must be laid before the legislature of state
  • cease to operate at the Expiration of six weeks from the reassembly of the legislature of state
  • cease to operate if before the expiration of the period a resolution disapproving it is passed by the legislative assembly
  • may be withdrawn at any time by the governor

 

High Court

Article 214

  • There shall be a High Court for each state

Article 215

  • High Courts to be courts of record
  • It has all the powers to fine or imprison persons for contempt

Article 216

  • Chief justice and Judges of the High Court are appointed by president

Article 217

  • In case of Appointment of chief justice, president consults
  • chief justice of India
  • Governor of the State
  • In the case of appointment of a judge other than the chief justice, president consults
  • chief justice of High Court
  • Judges can hold the office until he attains the age of sixty two years

Article 218

  • Permanent Judges of High Court can plead only in the Supreme Court and other High Courts

Article 222

  • Transfer of a judge from one High Court to another
  • President consults with the chief justice of India to transfer a judge from on High Court to any other High Court

Article 223

  • Appointment of acting Chief justice

Article 226

  • Power of High Courts to issue certain writs
  • High court have power to issue orders or writs to any person or authority, any Government within those territories
  • Writ jurisdiction of High court is wider than supreme court
  • High courts can issue writs in the nature of
  • habeas corpus
  • mandamus
  • prohibition
  • quo warranto
  • certiorari

Article 227

  • Power of superintendence over all courts by the High Court
  • High Courts have superintendence over all courts and tribunals throughout the territories under its jurisdiction
  • High Court may
  1. call for returns from such courts
  2. make general rules and prescribe forms for regulating the practice and proceedings of such courts
  • high courts do not have superintendence over any court or tribunal constituted by Armed Forces

Article 230

  • Extension of jurisdiction of High Courts to Union territories
  • Parliament may be law extend or exclude the jurisdiction of a High Court to Union territory

 

Subordinate Courts

Article 233

  • Appointment of district judges
  • District judges are appointed by the Governor of the State in consultation with the High Court
  • Eligibility
  • Practiced for seven years as advocate
  • and recommended by the High Court for appointment

 

UNION TERRITORIES

Article 239

  • Administration of Union territories
  • Union territories are administered by the President through an administrator
  • Administrators are appointed by the President with such designation as he may specify
  • President may appointed the Governor of a state as the administrator of an adjoining Union territory

 

PANCHAYATS PART IX

Article 243 A

  • Gram Sabha
  • Powers and functions of Gram Sabha are determined by the legislature of a state

Article 243 B

  • Constitution of Panchayats
  • There shall be constituted in every state, Panchayats at
  • Village level
  • intermediate level
  • district level

Article 243 C

  • Composition of Panchayats

Article 243 D

  • Reservation of seats
  • Seats are reserved for
  1. The scheduled castes
  2. the scheduled tribes
  • One-third of the total number of seats are reserved for women
  • One-third of the total number of seats are reserved for women belonging to the SC OR ST
  • Offices of the Chairpersons in the Panchayats are reserved for sc , st and women

Article 243 E

  • Duration of Panchayats
  • Five years
  • amendment of any law does not cause dissolution of Panchayats at any level

Article 243 F

  • Disqualifications for membership
  • A person is not eligible to be a member of a Panhayat if
  • If he has not attained the age of twenty-one years
  • disqualified by or under any law made by the legislature of the state

Article 243 G

  • Powers , authority and responsibilities or Panchayats
  • Legislature of a State may, by law, devolve powers and responsibilities upon Panchayats
  • With this powers panchayats can
  • prepare plans for economic development and social justice
  • implement the schemes for economic development and social justice

Article 243 H

  • Powers to impose taxes by, and Funds of, the Panchayats
  • Legislature of a State may, by law
  1. authorities a Panchayat to levy, collect and appropriate taxes, duties, tolls and fees
  2. assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the state government
  3. provide for making such grants-in-aid to the panchayat from the Consolidated fund of the State
  4. provide for constitution of funds for crediting all moneys received, respectively by or on behalf of the panchayat

Article 243I

  • Constitution of Finance Commission to review financial position
  • Governor of a state at the expiry of every fifth year, constitute a Finance commission to review the financial position of the panchayat

Article 243 J

  • Audit of accounts of Panchayats

Article 243 K

  • Election to the Panchayats
  • Elections to the Panchayats are conducted by the State Election Commission
  • State Election Commissioner can only be removed in the manner similar to the removal of a Judge of a High Court

 

MUNICIPALTIES PART   IXA

Article 243 Q

  • Constitution of Municipalities
  • There shall be constituted in every State
  1. Nagar Panchayat for a transitional area
  2. Municipal Council for a smaller urban area
  3. Municipal Corporation for a larger urban area

Article 243 R

  • Composition of Municipalities
  • Seats in the Municipalities are filled through direct election from the territorial constituencies
  • Municipal areas are divided into territorial constituencies known as wards

Article 242 S

  • Constitution and composition of wards Committees etc.
  • Wards Committees are constituted in the territorial area of a Municipality having a population of three lakhs or more

Article 243 T

  • Reservation of seats
  • seats are reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality
  • One-third of the total number of seats are reserved for women belonging to Scheduled Caste or scheduled tribes
  • One-third of the total number of seats to be filled by direct election in every Municipality shall be reserved for women
  • offices of chairpersons in the Municipalities are reserved for scheduled castes, the scheduled tribes and women

Article 243 U

  • Duration of Municipalities
  • Five years
  • No amendment of any law shall have the effect of causing dissolution of a Municipality at any level

Article 243 V

  • Disqualifications for membership

Article 243 W

  • Powers, authority and responsibilities of Municipalities
  • Legislature of a state may, by law, endow powers and authority to enable them to function as institutions of self-government

Article 243 X

  • Power to impose taxes by, and funds of , the Municipalities
  • Legislature of a state may, by law
  1. authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees
  2. assign to a Municipality taxes, duties, tolls and fees levied and collected by the state Government
  3. provide for making such grants-in-aid to the Municipalities from the consolidated fund of the state

Article 243 Y

  • Finance Commission

Article 243 Z

  • Audit of accounts of Municipalities

 

THE SCHEDULED AND TRIBAL AREAS PART X

Article 244

  • Administration of Scheduled Areas and Tribal Ares
  • The provisions of the fifth schedule doesn’t apply to the states of Assam, Meghalaya, Tripura and Mizoram
  • The provisions of the sixth schedule shall apply to the administration on the tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram

 

Legislative Relations between the Union and the States

Article 245

  • Extend of laws made by parliament and by the legislatures of states
  • parliament may make laws for the whole or any part of the territory of India
  • legislature of a state may make laws for the whole or any part of the state
  • No law made by parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation

Article 246

  • Subject-matter of law made by parliament and by the legislature of states
  • parliament has exclusive power to make laws in Union list
  • legislature of any state has exclusive power to make laws in the “state list”
  • parliament and legislature of any state, have power to make laws in concurrent list

Article 247

  • Power of parliament to provide for the establishment of certain additional courts
  • parliament may by law provide for the establishment of any additional courts

Article 248

  • Residuary powers of legislation
  • parliament has exclusive power of making any law imposing a tax not mentioned in concurrent list or state list

Article 249

  • Power of Parliament to legislate with respect to a matter in the state list in the national interest
  • if, it is necessary or expedient in the national interest the parliament may make laws with respect to any matter enumerated in the state list
  • Council of states has to declare by resolution supported by not less than two thirds of the members  present and voting to enact  laws in state list
  • such resolutions remain in force for a period not exceeding one year

Article 250

  • Power of parliament to legislate in state list if a Proclamation of Emergency is in operation
  • A law made by parliament during proclamation of Emergency ceases on the expiration of a period of six months after the Proclamation

Article 253

  • Legislation for giving effect to international agreements
  • parliament has power to make any law for implementation any treaty, agreement or convention with any other country

Article 254

  • Inconsistency between laws made by parliament and laws made by the legislatures of states
  • laws made by the legislature of the states are deemed to be void if, they are repugnant to the laws made by parliament