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A Model of New Constitution For India

State Legislatures
Home | Object of "A MODEL OF NEW CONSTITUTION FOR INDIA" | PREAMBLE | CITIZENSHIP | FUNDAMENTAL DUTIES AND RIGHTS | DIRECTIVE PRINCIPLES OF STATE POLICY | The Executive | Parliament | TARIFF COMMISSION OF BHARAT | State Legislatures | Local self-Governments. | Political parties | JUDICIARY AND ITS ANCILLARIES | LAW COMMISSION OF BHARAT | PRESS COUNCIL OF BHARAT | The Bureau of the Comptroller and Auditor-General of India | State Judicial Commissions | High Courts in the States | Subordinate Courts. | ELECTION COMMISSIONS OF BHARAT AND STATES | Miscellanious & Other provisions

PART-VII

The State Legislature

(Articles 103 to 160 should be in place of Article 40 and Articles 152 to 213 of the existing Constitution of India)

106.   Governors of the States.

(1)             There shall be a Governor for each State.

(2)             The Governor shall be appointed by the President on the recommendation of the Council of Ministers headed by the Prime Minister.

(3)             No person shall be appointed as the Governor of any State, if he has lost any election of any democratic Institution in past three years.

(4)             The President shall appoint the Governor for a period of two years by warrant under his hand and seal.

 

107.   Conditions of Governor's office.

(1)             The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if he holds any of such office at the time of his appointment as the Governor of any State, simultaneously at the time of his such appointment such office shall vacate automatically.

(2)             After appointment as a Governor of any State a person shall not hold any other office of profit.

(3)             The Governor shall be entitled without payment of rent to use of his official residence and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament as may be determined in accordance with the principles laid down by the law made by Parliament, upon suggestions from the Law Commission of Bharat, prepared after inviting suggestions from the people of the country.

(4)             Until such determination is made, the emoluments and allowances of the Governor shall be continued as it were prevailed prior to commencement of this Constitution.

(5)             The emoluments and allowances of the Governor shall not be diminished during his term of office.

(6)        Every Governor or any person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice or in his absence available Senior Most Judge of the High Court exercising jurisdiction in relation to the State, an oath or affirmation in the following form, that is to say-

" I,  A. B., do swear in the name of the God or solemnly affirm that I will faithfully execute the office of the Governor (or discharge the functions of the Governor ) of………..(name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the Law and that I will devote myself to the service and well-being of the people of …………(name of the State)."

 

108.  Powers, functions and duties of the Governor.

(1)       The Governor shall hold office during the pleasure of the Central Government as its representative in the State to safeguard the Constitutional provisions in the State.

(2)   (i)  whenever, any complaint of the violation of the Constitution received by the Governor, he shall satisfied that on merit how far such complaint is correct. For this object he may call any officer of the State for information, explanation or clarification as may be necessary;

(ii) Once the Governor is satisfied that the State Government is contemplating violation of the Constitutional provisions, he shall write a letter to the Chief Minister of the State for immediate explanation;

(iii)               If Chief Minister ignore to reply or the Governor satisfied that State Government is not intended to remove such violation, he shall send his report to the Central Government.

(iv)               Such functions of the Governor shall be published, in time, in the Governor's Gazette.       

(3) Whenever, report regarding violation of the Constitution is sent by the Governor to the Central Government and same is published in the Governor's gazette, the powers and authority of the Chief Minister shall be divested with a advisory council to the State, comprising of the Governor, the Chief Minister and the Chief Justice of High Court, having jurisdiction on the capital of the respective State, and such council shall act maximum for six months. During such period the Council of Ministers in a State shall function under full control of the said advisory council. Violation by any Member shall invite his dismissal from the Council of Ministers.   

 

109.    Constitution of Legislatures in States.

(1)             For every State there shall be a Legislature, which shall consist of the Governor, and one or two Houses of Legislative Council and/or Legislative Assembly, as, may be permitted by the provisions of the Constitution.

(2)             Where there is one House of the Legislature of the State, it shall be known as the Legislative Assembly and in case two Houses, another shall be known as Legislative Council.

 

110.     Composition of the Legislative Assembly. 

(1)        Every State Legislative Assembly shall consist with the number of members chosen by direct election from territorial constituencies in every State in such a manner that every Lok Sabha constituency, as far as practicable, shall be multiplied by ten.

(2)        The determination of the area of each constituency shall be declared by the Election Commission of Bharat, in accordance with the guidelines and procedures laid down by the National Law Commission in consultation with the National Judicial Commission, Chief Justice and three Senior Most judges of Supreme Court and Government of Bharat.

(3)        So far as practicable, any constituency shall not consist by area from two district of the State.

 

111.       Constitution of the Legislative Councils and term of its members.

(1)   In every State, where the number of the members of a Legislative Assembly arises seventy-five or more, there shall be a Legislative Council.  

(2)   The Legislative Council shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every 500 days.

(3)  The term of every member of Legislative Council, except the members elected for the seats referred under clause (4), shall be one thousand and five hundred days from the date of completion of elections.

(4)   The provision under clause (2) shall not be applicable for the first batch of the members of the Legislative Council to be elected after commencement of this constitution. Amongst them, one-third members shall be selected for retirement, after 500 days and another one-third members shall be selected for retirement after 1000 days from the date of completion of such election.

 

112.         Composition of the Legislative Councils.

(1)                The Legislative Council shall consist of maximum number of six members to be nominated by the Governor, under advice from Council of Ministers, consist of persons having special knowledge or practical experience in respect of Literature, science, art and social service.

(2)                One member from respective State to Rajya Sabha shall be the basis of determination of number of seat for legislative Council by ten.

(3)                The members of the Local Self-governments shall elect the representative for each Council constituency.

(4)                As far as practicable, there shall be uniformity in the scale of representation of each constituency, in consideration of the population.    

(5)                The Council’s each constituency shall be delineated, in accordance with the rules and guidelines provided by law, in such a manner that one constituency shall not spread over more than two districts.

(6)                The election commission of Bharat shall publish Electoral College for each constituency taking into account of all members of the Local Self-governments, within the constituency.    

 

113.              Qualification for, and election as the member of State Legislative Assembly.

(1)                Any person who holds, or held office of a body of Local self-government within a particular State for Two consecutive full terms or minimum six years, shall be eligible for election to State legislative Assembly of respective State.

(2)                Any person, who was never convicted, or having been not charge sheeted for any criminal offence, or not been accused in any criminal case six months prior to date of nomination paper, shall be eligible for election to a State Legislature. Arrest in respect of any public movement shall not be construed as arrest in a criminal offence.

(3)                A person shall not be eligible to contest election of the State Legislative Assembly more than three times.

(4)                (a) A candidate could be getting elected, from respective constituency, if highest vote received by him, shall construed as twenty percentage or more of voters, enrolled in that constituency.

(b)In case no candidate could get such votes, than second voting shall be held for two candidates, who gets highest votes in first voting.

(c) The condition prevailed under sub-sub clause (a) would not be applicable in second voting.

(a)    A candidate gets highest votes in second voting, shall elected as member of Legislative Assembly of respective State from such constituency for fix tenure of three years.

(5)                A candidate for the election as member of the Legislative Assembly of respective State shall affirm an oath that he is not an accused in any Criminal case, registered six months prior to the date of nomination for such election.

 

114.       Election of the Members of the State Legislative Council.

The election of the members to State Legislative Council shall elected by the electoral college consisting of the elected members of the members of the Local-Self-Government in accordance with the system of proportional representation by means of the single transferable vote.

 

115.            Qualification for membership of the State Legislative Council.

(1)        A person, who was never convicted, and having been not charge sheeted for any criminal offence, or not been accused in any criminal case six months prior to date of nomination paper, shall be eligible for election to State Legislative Council. Arrest in respect of any public movement does not be construed as a criminal offence.

(2)    The hundred elected members from Local-Self-Government shall support his nomination paper at least.

(3)    He shall not be a member of any Legislature of any State or Lok Sabha on the day of his nomination paper is presented.

(4)    A person holds any office of profit under the “State”; on the day of his nomination paper shall not be eligible for election to State Legislative Council.

(5)    He do not lost any election to any State Legislature or Lok Sabha or Local-Self-Government, within five years precedence to his nomination for election to State Legislative Council.

(6)    A candidate for the election as member of the State Council shall affirm an oath, before the Election Commission that he is not an accused in any Criminal case, registered six months prior to the date of nomination for such election, and should submit a list of all movable or immovable properties hold by the candidate himself, his wife or spouses, and further submit a list of relations.

 

116.      Constitution of a political legislative party.

(1)        Every Political Legislative Party shall be constituted by its all Member of the Legislature of the respective State, plus election of equal number of other members by and from its parent party. Such election from the parent political party shall be for a term of one year and six months.

(2)        The election of such members shall be held under the supervision of the Election Commission of Bharat, by secret voting by the members of general body of such political party, in accordance with the system of proportional representation by means of the single transferable vote.

(3) Such elected members from the parent political Party, shall not entitled to any salary, emoluments, allowances, and privileges from the Government.

 

117.      Advocate-General.

(1)        The Governor of the State under advice from Chief Minister shall appoint a person who is qualified to be appointed a Judge of the High Court to be Advocate- General of State, for a maximum period, which shall not expire after expiry of term of office of Chief Minister.

(2)        It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor or Chief Minister, and to discharge the functions conferred on him by or under this Constitution or any other law for time being in force.

(3)        In the performance of his duties the Advocate-General shall have right of audience before National Judicial Commission and in all courts in the territory of the State.

(4) The Advocate-General shall receive such remuneration as the Governor may determine.   

 

118.     Duration of State Legislative Assemblies.

The State Legislative Assemblies shall continue for fix tenure of three years from the date of its constitution by the Governor, on receipt of the report from the Election Commission of Bharat, after every general election.

 

119.     Session of the State Legislative Assembly, prorogation.

(1)                The Speaker of the dissolved Assembly shall summon the first session of the State Legislative Assembly, within 15 days from the constitution of the new Assembly.

(2)                Speaker, in consultation with the Governor of the State, shall from time to time summon the State Legislative Assembly to meet at the State’s Legislature Houses, before expiry of sixty days from its last sitting.

(3)        The Speaker, in consultation with the Chairman of State Legislative Council, or in his absence, with the Governor, may time to time prorogue the State Legislative Assembly.       

 

120.    Session of State Legislative Council and prorogation.

(1)        The Chairman, in consultation with the Governor, shall from time to time summon the State Legislative Council to meet at the State’s Legislature House, but before expiry of ninety days from its last sitting.

(2)                The Chairman, in consultation with the Speaker, may time to time prorogue the State Legislative Council.

 

121.     Right of the Governor to address and send message to the House or Houses.

(1)    The Governor may address either House of State's Legislature or both Houses assembled together, and for that purpose require the attendance of members.

(2)        The Governor may send messages to either House of State's Legislature, whether with respect to a Bill then pending in the Legislature, or with regards to any affairs relating to administration of the State Government, or otherwise, and a House to which any message is so send shall with all convenient despatch consider any matter required by the message to be taken, in a transparent manner, into consideration.

 

122.      Special address by the Governor.

(1)        At the commencement of the first session after each general election of the Lok Sabha and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons.

(2)            Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address.

 

123.     Council of Ministers.

(1)                There shall be a Council of Ministers headed by the Chief Minister.

(2)                The Chief Minister shall be from a National or State recognised Legislative political party which gets highest votes in the general election for State Legislative Assembly of such State through its all candidates, whether they are elected or not to the State Legislative Assembly. At the time of his election as Chief Minister of a State, he shall be member of the Legislative Assembly of respective State.

(3)                The Chief Minister shall be elected under the supervision of the Election Commission of India, by such recognised political legislative party after its constitution under the provisions of this constitution, through secret ballot, in accordance with the system of single transferable vote.

(4)                A person cannot hold the office of the Chief Minister more than two terms, in whole of his lifetime.

(5)                The total number of the members of the Council of Ministers and any person appointed with the rank and status as of a member of Council of Ministers shall not be more than ten percentages of the members of the State Legislative Assembly.

(6)                Any member of Council of Ministers shall hold office during the pleasure of the Chief Minister, irrespective of, whether he is a Member of State Legislature or not, but holds all qualifications fixed for election to a Member of State Legislative Assembly.

(7)                Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to forms set out for the purpose in the Third Schedule.

(8)                The Political Legislative Party of Chief Minister shall approve appointment of Minister, who is not the member of any House of State Legislature, in its general body meeting, within three months, by secret ballots.

(9)                The salaries and allowances of Ministers shall be fixed time to time by the State Legislature, in accordance with a mechanism, recommended by National Law Commission, after inviting transparent suggestions from the Public and in consultation with the National Judicial Commission.

 

124.      Powers and Duties of Chief Minister and his Council of Ministers.

(1)        The Chief Minister shall communicate in writing to the Governor all decision of the Council of Ministers relating to the administration of the affairs of the State Government.

(2)        Chief Minister shall furnish such information relating to the administration of the affairs of the State Government, as the Governor may call for.

(3)        If the Governor so requires, Chief Minister shall submit for consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

(4)        The executive power of the State Government shall be vested in the Council of Ministers, headed by the Chief Minister, and shall be exercised by Chief Minister or any member of his Council of Ministers, either directly or through officers sub-ordinate to them in accordance with the Laws prevailing at the material time.

(5)        The Council of Ministers with the Chief Minister at the head shall have powers to aid and advise the Governor, in accordance with the Constitution.

(6)        Any decision, under the law, taken by the Council of Ministers shall be final.

(7)            Governor shall act in accordance with the Constitution, upon an advice made by the Council of Ministers.

(8)        The Council of Ministers shall not take any decision against a resolution of its respective political legislative party passed by clear majority.

 

125.      Rights of the Ministers and Advocate-General as respects the House or Houses.

            Every Minister and the Advocate-General of the State shall have the right to speak in, and otherwise take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Legislature of which he may be not a member, but shall not by virtue of this article be entitled to vote.

 

126.       The Speaker and Deputy Speaker of the Legislative Assembly.

(1)        The Legislative Assembly of the State shall, as soon as may be, choose a member to be Speaker and Deputy Speaker of the Legislative Assembly and, so often as the office of Speaker or Deputy Speaker becomes vacant; the Legislative Assembly shall choose another member to be Deputy Speaker thereof.

(2)        If the candidates for election to the office of the Speaker or Deputy Speaker would be more than one, the Speaker and Deputy Speaker shall be elected by the elected members of the Legislative Assembly in accordance with the system of proportional representation by means of the single transferable vote, by secret ballot.

 

127.       Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

(a) A member holding office as Speaker or Deputy Speaker of the State Legislative Assembly shall vacate his office if he ceases to be a member of the State Legislative 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 State Legislative Assembly passed by sixty percentages of the majority of the then all members of the State Legislative Assembly:

(d) any resolution to remove the Speaker or Deputy Speaker shall be moved only after fifteen days from the date of notice, addressed to Deputy Speaker or Speaker, has been served with intention to move such resolution.

 

128.      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 of the Speaker shall be performed by the Deputy Speaker, or, if the office of the Deputy Speaker is also vacant, by such member of the Penal to act as the Speaker of the State Legislative Assembly.

(2)    During the absence of the Speaker from any sitting of the State Legislative Assembly Deputy Speaker, or, if he is also absent, such person as determined by the rules of procedure of the State Legislative Assembly, or, if no such person is present, such other person as may be determined by the State Legislative Assembly, shall act as Speaker.

 

129.      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 State Legislative Assembly, while any resolution for 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, preside, or present at the time of voting, and the Governor, in advance, shall appoint a member of the State Legislative Assembly to preside such sitting for consideration and voting of such resolution, in case Speaker or Deputy Speaker are absent at the time of such sitting.

(2)        Speaker or Deputy Speaker shall have right to speak in, otherwise to take part in the proceedings, except voting, of the State Legislative Assembly, while any resolution for his removal from the office of the Speaker or Deputy Speaker is under consideration.

(3)        Such resolution shall be passed by sixty percentage of the then all members of the State Legislative Assembly.

(4)    No political Legislative party shall issue any whip upon its members in the State Legislative Assembly, with regards to such resolution.

 

130.  The Chairman and Deputy Chairman of the Legislative Council.

(1)        The State Legislative Council shall, as soon as may be, choose its a member to be 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 thereof, as the case may be.

(2)        If the candidates for election to the office of the Chairman or Deputy Chairman would be more than one, Chairman or Deputy Chairman shall be elected by the elected members of the Council in accordance with the system of proportional representation by means of the single transferable vote, by secret ballot.

 

131.     Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.

A member holding office as Deputy Chairman of the State Legislative Council –

(a)        shall be deemed to be vacated his office if he ceases to be a member of Council;

(b)        may at any time, by writing under his hand addressed to the Deputy Chairman, if he is Chairman, to the Chairman, if he is Deputy Chairman resign his office; and

(c ) may be removed from his office by a resolution of the Council to be passed by the majority of sixty percentage of the then all members of the Council.

(d) any resolution to remove the Chairman or Deputy Chairman shall be moved only after fifteen days from the date of notice, addressed to Deputy Chairman or Chairman, has been served with intention to move such resolution.

(e) No political Legislative party shall issue any whip upon its members in the State Legislative Council, with regards to such resolution.

 

132.   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, and if the office of the Deputy Chairman is also vacant, such member of the Council as shall perform the duties of the office of, or to act as, Chairman the Governor may appoint.

(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 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.

 

133.   The Chairman or the Deputy Chairman not to preside while any resolution for his removal from office is under consideration.

(1)        At any sitting of the State 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, preside, or present at the time of voting, and Governor, in advance, shall appoint a member of the Council to preside such sitting for consideration and voting of such resolution, in case Chairman or Deputy Chairman are absent at the time of such sitting;

(2)            Chairman or Deputy Chairman shall have right to speak in, otherwise to take part in the proceedings, except voting, of the Council while any resolution for his removal from the office of the Chairman or Deputy Chairman is under consideration.   

(3)          Such resolution shall be passed by sixty percentage of the then all members of the Council.

(4)          No political Legislative party shall issue any whip upon its members in Council with regards to such resolution.

 

134. Salaries and allowances of the Speaker and Deputy Speaker and Chairman and Deputy Chairman.

(1)        The Chairman and Deputy Chairman and Speaker and Deputy Speaker shall not hold any other office of profit.

(2)        The Chairman and Deputy Chairman and Speaker and Deputy Speaker shall be entitled without payment of Rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined in accordance with the principles laid down by law made by State Legislature, upon recommendations made by the Law Commission of Bharat, prepared after inviting suggestions from the people of the country.

(3)        Until such determination is made, the emoluments and allowances of the Chairman and Deputy Chairman and Speaker and Deputy Speaker shall be continued as it were prevailed prior to commencement of this Constitution.

(4)        The emoluments and allowances of the Chairman and Deputy Chairman and Speaker and Deputy Speaker shall not be diminished during his term of the office.

(5)    The person retires from the office of the Chairman and Deputy Chairman and Speaker and Deputy Speaker, after a full term in his office, shall be entitled to such emoluments, allowances and privileges as may be determined in accordance with the principles to be laid down under the law made under clause (2).

 

135.    Secretariat of the State Legislature.

(1)The Secretariat and its secretarial staff of the State legislature, except those would be under direct duty for the State Legislative Council, shall function under control and supervision of the Speaker of the State Legislative Assembly, in accordance with the rules provided in this respect;

(2)The State legislature may by law shall regulate the recruitment, invitation on deputation from Government, and the conditions of services of persons appointed, to the secretarial staff shall at par with the service conditions of the State government.

(3) Until provision is made by the State Legislature under clause (2), the Governor may, after consultation with the Speaker of the Assembly and Chairman of the Council, make rules regulating the recruitment, invitation on deputation from government, and the conditions of service of persons appointed, to the secretarial staff, and any rules so made shall have effect subject to the provisions of any law made under the said clause.

 

136.  Oath or affirmation by members.

(1) Every member of either House of Parliament shall, before taking his seat, make and subscribe before the person appointed in that behalf, an oath or affirmation in the following form, that is to say-

“ I, A.B., do (swear in the name of the God/ solemnly affirm) that I will faithfully, execute the office of the Member of the (name of the State) State Legislative Assembly or Council and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of the State and of the Bharat."   

(2) If a person sits or votes as a member of either House of Parliament before he has complied with the requirements under clause (1), he shall be liable to imprisonment, not less than one year and shall lost his membership of respective House.

 

137.    Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

(1)     Every Bills shall be determined and passed by a majority by sixty percentage of the than all members of the each House, other than the Speaker or person acting as Chairman or Speaker.

(2)     Chairman or Speaker or person acting as Chairman or Speaker shall not vote in any proceeding relating to a Bill.

(3)    Any person other than the member of State Legislature shall not participate in voting. Any person, if do so, he shall be prosecuted, not less than five years imprisonment by presiding officer of the respective House.

(4)    Any resolution, other than a mentioned in this constitution, shall be determined by a majority of the than all members of each House.

(5)    The State Legislative Assembly or State Legislative Council cannot pass any resolution to remove a Chief Minister elected in accordance with the provisions of this Constitution.

 

138.    Vacation of seats.

(1)     If a member of either House is died or resign or becomes subject to any provision relating to disqualification under this Constitution, Chairman of the State Legislative Council or Speaker of the State Legislative Assembly shall declare that such seat becomes vacant. Such declaration shall be final.

(2)     The aggrieved member shall have right to appeal before the Governor, within seven days from such declaration. President shall take immediate decision on such appeal, which will be final

(3)    Within two months from, such declaration, or if appeal is filed, the decision of the Governor, and if election of respective House is not due within six months therefrom, election commission of Bharat shall fill-up such seat by Bye-election, in accordance with the provision for election to State Legislative Assembly or Council, as the case may be.

 

139.      Disqualifications for membership.

(1) If any person found to be making false statement, for any reason whatsoever, he shall be disqualified for the office of the Member of Legislature.

(2) After election to any House of Legislature, if any member holds any office of profit under the “State”, other than an office exempted by this Constitution (such as the member of Council of Ministers) or by law, he shall disqualified for being a member of either House of State Legislature.

(3) Any person shall be disqualified for being, a member of either House of State Legislature, if he-

(a)        is of unsound mind and stands so declared by a competent court;

(b)                is an undercharged insolvent; and

(c)                is so disqualified by or under any law made by Parliament.  

The meaning of the “State”, for the purpose of this article, shall be the same as under Part III of this constitution.

(4)    If any question arises as to whether a member of either House of Legislature has become subject to any of the disqualifications mentioned under this article, the question shall be referred for the decision of the Governor of the State.

(5)    Governor shall taken in considerations all material facts and shall obtain the opinion of the Election Commission before his decision and shall act accordingly.

 

140.   Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.

(1)      No proceeding of the State Legislature, or any committee thereof, shall be liable to any proceedings in any court.

(2)    The proceeding of the State Legislature includes publication of proceeding of the State Legislature and of the committees thereof.

(3)    The powers, privileges and immunities of each House of the State Legislature, and of the members and the committees of the State Legislature, shall be such as may from time to time be defined by State Legislature by law, to be passed by majority of seventy percentage of all the then members of each House of State Legislature in accordance with the law made and rules and guidelines framed by the Parliament. 

(4)      Such powers, privilege and immunities shall not cover misuse of office of the member of the State Legislature under gratification.

(5)     When any charge of the gratification is leveled against any member of the State Legislature, it shall be his duty to make an statement, without hiding anything, with regards to and in connection with such allegation, before any Judicial Magistrate, within seven days from the date of information against such charge, and as far as practicable, without any delay, shall submit a certified copy with the Secretariat of the State Legislature otherwise he is liable to be declare as disqualified as a member of the State Legislature.

(6)    Unless satisfactory evidence about gratification or false statement under clause (5) is produced, court shall not entertain any proceeding with regards to proceedings of the State Legislature.

 

141.     Salaries and allowances of members.

(1)        Every member shall be entitled to one accommodation at State’s Capital, at a reasonable Rent to use as his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined in accordance with the principles laid down by law made by Parliament, and affirmed by the State Legislature, upon recommendations made by the Law Commission of Bharat, prepared after inviting suggestions from the people of the country.

(2)        Until such determination is made, the emoluments and allowances of the members shall be continued as it were prevailed prior to commencement of this Constitution.

(3)        The emoluments and allowances of any member shall not be diminished during his term as a member of either House of Parliament.

(4) The person retires from the membership, after completing full one term, shall be entitled to such emoluments, allowances and privileges as may be determined in accordance with the principles to be laid down in the same law made under clause (1).

  

Legislative Procedure

142.     Provisions as to introduction and passing of Bills.

(1) Any Bill may originate in either House of Legislature of a State.

(2) A Bill is placed and pending before either House of Legislature of a State, never lapses for any reason whatsoever, unless such House passes a resolution to that effect.

(3) Any Bill, other than Money Bills, shall be passed by the clear majority of the membership in both Houses of Legislature of a State.

(4) Any Bill passed by consensus of both Houses of Legislature of a State, Governor shall assent such Bill immediately, unless he has any doubts regarding consensus.

(Consensus means at least ninety percentage of the member strength should present and shall vote in favour of such Bill, in each House.)

(5) If Governor having any doubts about consensus, he can direct for joint sitting of both Houses to reconsider the Bill. Such joint meeting shall be presiding by the Chief Justice of High Court having jurisdiction over the State.

 

143.   Joint sitting of both Houses in certain cases.

(1)    If after a Bill has been passed by one House and transmitted to the other House-

(a)    the Bill is rejected by the other House; or

(b)    the Houses have finally disagreed as to the amendments to be made in the Bill; or

            more than one hundred working days of the Legislature of a State elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the Governor shall notify to the Houses to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:

Provided that nothing in this clause shall apply to a Money Bill.

(2)  Once a joint sitting of the both Houses of Legislature of a State is notified, neither House shall proceed further with the subject matter of the notification.  

(3) When any Bill is passed by the State Assembly, but rejected by the State Council, Bill shall be passed or rejected without any amendments, in such joint meeting of both Houses.

(6)    When any Bill is passed by the State Council but rejected by the State Assembly, Bill, if not rejected, can be passed with amendments, in such joint meeting of both Houses.

 

144.  Annual financial Statements.

(1)     The Governor shall in respect of every financial year cause to be laid before both the Houses of State Legislature a statement of the estimated receipts and expenditure of the State Government for that year, in this Part referred to as the "annual financial statement".

(2)    The estimates of expenditure embodied in the annual financial statement shall show separately-

(a)    the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of State; and

(b)    the sums required to meet other expenditure proposed to be made from the Consolidated Fund of State;

and shall distinguish expenditure on revenue account from other expenditure.

(3)     The following expenditure shall be expenditure charged on the Consolidated Fund of State:-

(a)    the emoluments, salaries, allowances and pensions payable by the State Government to the persons holds any Constitutional Office referred under this Constitution;

(b)    the expenditures under the Constitutional obligation of the State Government;

(c)    debt charges for which the State Government is liable including interest, sinking fund charges, and redemption charges, and other expenditure relating to the raising of loans in public interest and the service and redemption of debt;

(d)    any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;

(e)    any other expenditure declared by this Constitution or by Parliament or by State Legislature by law to be so charged.

 

145.      Money Bills.

(1) A Money Bill shall be introduced only in the Legislative Assembly of a State.

(2)  A copy of the Money Bill shall be tabled in the Council.

(3) Once a Money Bill is introduced in the Legislative Assembly of a State the Government of the State shall be entitled to act accordingly.

(4)    State Legislative Council, can make, within clear 30 days from the date of tabling of the Bill before it, any suggestion in respect of the Money Bill, whether or not the State Legislative Assembly accepts it. The Deputy Chairman of the State Legislative Council to the Speaker of State Legislative Assembly shall inform such suggestions.

(5)    Legislative Assembly of a State can make amendments, in the Money Bills, with the clear majority of its the then all members.

 

146.      Definition of the "Money Bills"

(1)        For the purpose 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-

the imposition, abolition, remission, alteration or regulation of any tax:

the regulation of the borrowing of money or the giving of any guarantee by the State Government, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State;

Provided that the total amount of the obligations under this sub-clause shall not be more than double of the assets of the State Government.

the custody of the Consolidated Fund or the Contingency Fund of State, the payment of moneys into or the withdrawal of moneys from any such Fund;

the appropriation of moneys out of the Consolidated Fund of State;

the declaring of any expenditure to be expenditure charged on the Consolidated Fund of State or the increasing of the amount of any such expenditure;

the receipt of money on account of the Consolidated Fund of State or the public account of State or the custody or issue of such money; or

any matter incidental to any of the matters specified in sub-clauses (a) to (f).

All details in the Money Bills shall be in clear terms with separate account numbers for separate expenditures and no money shall be spent from one account for any other purposes.

A Money Bill shall be introduced by the State through its Finance Minister.

A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.  

If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker shall be final.

There shall be endorsed on every Money Bill when it is presented to the Governor for assent, the certificate of the Speaker signed by him that it is a Money Bill.

 

147.     Assent to Bills.

(1)    When a Bill is passed by the both Houses of the State Legislature, under consensus of the members, as defined in the Constitution the terms of consent, the Governor after receipt for assent, immediately shall give his assent to it, unless he has some doubts about the consensus in the both Houses of the State Legislature.

(2)    When the State Legislative Assembly passes any Money Bill, the Governor shall assent it as soon as possible after the presentation to him.

(3)    Any other Bill has been passed by the both Houses of the State Legislature, it shall be presented to the Governor, and within ten days, Governor shall declare that he assents to the Bill or that he return the Bill with a message requesting that they will reconsider the Bill or any specific provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent thereof.      

(4)    If Governor fail to give his assent or return the Bill under clause (3), within Ten days, Bill shall enacted and become effective as Law.

 

148.   Procedure in State Legislature with respect to estimates.

(1)    So much of the estimates as relates to expenditure charged upon the Consolidated Fund of State shall not be submitted to the vote of State Legislature, but nothing in this clause shall be construed as preventing the discussion in either House of State Legislature of any of those estimates.

(2)    So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the State Legislative Assembly, and the State Legislative Assembly shall have power to refuse to assent, to any demand or to reduce the grants of the amounts specified therein by the majority of the then all members of the State Legislative Assembly, otherwise it shall deemed as grant of such expenditures.

(3)    No demand for a grant shall be made except on the recommendation of the Governor. 

 

149.   Appropriation Bills.

(1)    As soon as may be after the grants have been made by the State Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of State of all moneys required to meet-

(a)    the grants so made by the State Legislative Assembly; and

(b)    the expenditure charged on the Consolidated Fund of State but not exceeding in any case the amount shown in the statement previously laid before State Legislative Assembly.

(2)    No amendment shall be proposed to any such Bill in either House of State Legislature which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of State, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.

(3)    Subject to the provisions under this Constitution for Supplementary, additional or excess grants or for Votes on account, votes of credit and exceptional grants, no money shall be withdrawn from the Consolidated Fund of State except under appropriation made by law passed in accordance with the provisions of this article.    

 

150.    Supplementary, additional or excess grants.

(1)     The Governor shall-

(a)    if the amount authorised by any law made in accordance with the provisions for appropriation Bills to be extended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new services not contemplated in the annual financial statement for that year, or

(b)    if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,

cause to be laid before the State Legislature another statement showing estimated amount of that expenditure or cause to be presented to the State Legislature a demand for such excess, as the case may be.

(2)    The provisions relating to annual financial statement, procedure in respects to estimates and appropriation Bills shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of State to meet such expenditure or grant.

 

151.       Votes on account, votes of credit and exceptional grants.

(1)    The State Government have powers-

(a)    to place a statement for vote on account before State Legislative Assembly for any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the related procedure prescribed under this Chapter, for the voting of such grant and the passing of the law in accordance with the provisions for appropriation Bill in relation to that expenditure;

(b)    to place a statement for grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude of the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;

(c)    to place a statement for an exception grant which forms no part of the current service of any financial year;

(1)    State Legislative Council shall have powers to make any suggestions to State Legislative Assembly within three working days from the presentation of such statement;

(2)    the State Legislative Assembly shall have power to refuse within seven working days from the presentation of such statement to assent, to any demand or to reduce the grants of the amounts specified therein by the majority of the then all members of the State Legislative Assembly, otherwise it shall be deemed assent.

(3)    The provisions with respect estimates and appropriation Bill shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of Consolidated Fund of State to meet such expenditure.

 

152.    Special provision as to financial Bills.

(1)     A Bill for any of the matters pertaining to Money Bills shall not be introduced or moved except on the recommendation of the Governor and shall be introduced before State Legislative Assembly only.

(2)    A Bill shall make clear provision for any of the matters aforesaid by the reasons for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3)    A Bill introduced before the State Legislative Assembly on the recommendation from the Governor, if enacted without any amendment and brought into operation, and would involved expenditure from the Consolidated Fund of State such recommendation of the Governor shall be deemed assent.    

 

153.    Rules of procedure.

(1)     Each House of State Legislature shall make rules for regulating, subject to the provisions of this Constitution, its procedure and conduct of its business, with the majority of seventy percentages of all members of each House.

(2)     Until rules are made under clause (1), the Governor, after consultation with the Chairman of the State Legislative Council and Speaker of the State Legislative Assembly, may make rules as to the procedure and conduct of the business of each House.

(3)    The Governor, after consultation with the Chairman of the State Legislature Council and Speaker of the State Legislative Assembly, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.

 

154.    Regulation by law of procedure in State Legislature in relation to financial business.

(1)                     State Legislature shall make law by framing appropriate Rules for timely completion of the financial business, regulated by law the procedure of, and the conduct of business in, each House of State Legislature in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of State.    

 

155.    Language to be used in State Legislature.

(1)    Any member can address the respective Houses in his mother tongue, provided such language is used by a population of more than ten percentage of such State-, with prior information to and permission from the Chairman of the State Legislative Council or Speaker of the State Legislative Assembly, as the case may be.

(2)    Any member can address the respective Houses in his mother tongue, provided such language is used by a population of more than ten percentage of such State-, with prior information to the Chairman of the State Legislative Council or Speaker of the State Legislative Assembly, as the case may be, provided more than ten percentages of the Members of such House request for use of such language.

(3)    Any member can give his address in Hindi or State Language, without prior information to and permission from the Chairman of the State Legislative Council or Speaker of the State Legislative Assembly.

 

156.    Restriction on discussion in State Legislature.

 No discussion shall take place in State Legislature, with respect to the conduct of any Judge of the Supreme Court or of a High Court or member of National Judicial Commission or Chairman of Law Commission of Bharat, Commissioners of the Election Commission of Bharat in the discharge of his duties.

 

157.    Courts not to inquire into proceedings of State Legislature.

(1)    The validity of any proceedings in State Legislature shall not be called in question before any court.

(2)    Provision under clause (1) does not prevent any court to proceed with any criminal proceeding against any member of State Legislature.

 

158.     Power of Governor to promulgate Ordinances during recess of State Legislature.

(1)     The Governor if satisfied that circumstances so, exists which, render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

(2)    The Governor shall satisfy himself that the proposed Ordinance is in accordance with the provisions of the Constitution.

(3)    The Governor shall satisfied himself before promulgation of any Ordinance that State Legislature may pass a Bill in accordance with the provisions of the Constitution to substitute such Ordinance, within six months from the date of the Ordinance.

(4)    In any case, State Legislature not pass a Bill under clause (2), within such period the same shall be ceased to operate on expiry of such period of six months or from the date of rejection of Bill, if rejected by the State Legislature.

Ordinance shall made clear provisions that in case State Legislature rejects or not pass a Bill to substitute such Ordinance, what will be force and effect of the Ordinance in respect of the period during which Ordinance shall be operative.

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TRUTH SHALL PREVAIL