or the same and he/she needs to act accordingly. Here, grounds of disqualification would be the same as mentioned in Article 191.
Sessions of the State Legislature
Moving further on the next topic we will discuss the sessions of these State Legislatures. Its time of prorogation and dissolution will also be discussed by us here. Also, one thing is quite clear after a lot of analysis of State Legislature is that the Legislative Assembly is somehow similar to the House of the People (Lok Sabha) while the Legislative Council is similar to the Council of State (Rajya Sabha). Their sessions are also quite similar. Article 174 of the Indian Constitution gives the power to the Governor to summon these Houses of the State Legislature. He/ She can summon these bodies to meet at places and at such times which he/ she thinks fit or appropriate. But a necessary condition should be kept in mind is that the time period between the two sessions of these Houses should not exceed six months. Also as mentioned in Article 174 of the Indian Constitution, the Governor has the power to prorogue either House and to dissolve the Legislative Assembly.
Speaker and Deputy Speaker
There is a need for head or in charge of every legislative part. The Speaker and Deputy Speaker serve the same purposes in the Legislative Assembly. Article 178 of the Indian Constitution talks about the same. According to this article, there should be a Speaker and Deputy Speaker should be chosen from the Legislative Assembly. In this, it is also mentioned that the condition where if the office of Speaker and Deputy Speaker becomes vacant then it becomes the duty of the Legislative Assembly to choose the new Speaker and Deputy Speaker respectively.
Powers and Functions of Speaker
Article 178 gives the power to Speaker to preside over the sessions of the Legislative Assembly of the state. Similar powers are given to the Speaker of the Lok Sabha, as mentioned in Article 93 of the Indian Constitution. The power and position of an Indian Speaker are quite similar to the Speaker of the House of Commons in England.
The most important function of the Speaker is to preside over the sessions of the Legislative Assembly and also to maintain discipline and order in the assembly. Within the assembly, the Speaker is the master. He has the power to decide whether the Bill is a Money Bill or not. Also, the decision of Speaker cannot be challenged in a court of law. Money Bills are sent to the Legislative Council with the approval of the Speaker. The salary of Speaker is given from the Consolidated Fund of State.
The other functions/ powers of the Speaker are as follows:
- He/she does not participate in the debate of the assembly.
- Only votes when there is a condition of a tiebreak.
- He/She sees whether there is a necessary quorum.
- He has the power to adjourn or suspend the sitting of the Legislative Assembly when there is not a necessary quorum and also to maintain the discipline of House.
- He/She has the power to suspend or to expel the member for his/ her unruly behaviour.
Chairman and Deputy Chairman of the Legislative Council: Article 182,183,184,185
The working of the Legislative Council is quite complex. The process of membership, the appointment of its head and the power of the Legislative Council is also quite difficult to understand. According to Article 182 of the Indian Constitution, the Legislative Council must choose its two members as Chairman and Deputy Chairman. It also mentions that the Legislative Council must choose the Chairman and Deputy Chairman of the Legislative Council as soon as their office becomes vacant.
The offices of Chairman and Deputy Chairman becomes vacant very often. However, the reason for their removal/ resignation is mentioned in Article 183 of the constitution. The reasons are as follows:
- Should not hold their post if they are not a member of the Legislative Council.
- By sending the written resignation letter to each other.
- They can be removed by passing a resolution in the Council. However, there should be a majority of members in suppo