Legislature

• Due to the federal government system in the country, provision has been made for separate legislature in the provinces. The Indian Constitution provides for a unicameral or bicameral legislature to the states. It depends on states whether they want a unicameral or bicameral legislature. Bihar has a bicameral legislature consisting of the Legislative Council and the Legislative Assembly. The Legislature of the State is formed including the Governor, the Legislative Assembly and the Legislative Council.

  Legislative council

  • This is the second house or upper house of the legislature. The number of its members is not less than forty and not more than one-third of the members of the Legislative Assembly.
  • On December 12, 1911, the Emperor of England announced the appointment of a lieutenant governor for the Bihar-Orissa province in the Delhi Durbar, and on March 22, 1912, the new province was formed.
  • On April 1, 1912, Charles Stuart Bailey became the lieutenant governor of the state of Bihar and Orissa.
  • By amending the Indian Council Act, 1861 and 1909, the Government of India Act, 1912 constituted the Bihar Legislative Council consisting of 3 ex-officio members, 21 elected members and 19 nominated members to advise the lieutenant governor.
  • The first meeting of the Legislative Council was held on January 20, 1913 in the auditorium of Patna College (Bankipur).
  • On November 22, 1921, the Bihar Legislative Council passed a bill to give voting rights to women, which is an important point in the glorious democratic history of Bihar.
  • Under the India Act, 1919, on December 29, 1920, Bihar and Orissa were declared as Governor’s Provinces. The number of members of the Legislative Council was increased from 43 to 103, in which 76 were elected, 27 nominated including 2 subject-specific members.
  • On February 7, 1921, the Bihar (included Orissa) Legislative Council came into existence, whose first chairman was Walter Maude. On March 28, 1936, a separate Legislative Council was formed for Bihar.
  • The term of the members of the Legislative Council is 6 years. One-third of the members retire at the end of every second year. The minimum age of the members to be elected in this is 30 years. Other qualifications are prescribed by Article 173 of the Constitution.
  • 1/3rd members of the Legislative Council are elected by the members of the State Legislative Assembly by the single transferable vote system of proportional representation. 1/3rd members are elected by local bodies, 1/12th members are elected by registered graduates and 1/12th members are elected by teachers’ representatives. The remaining 1/6th part is nominated by the Governor from amongst persons having special experience in the field of literature, art, science, co-operative movement and social service.
  • The session of the Legislative Council is presided over by the Chairman and the Deputy Chairman elected by the members.
  • If the Legislative Assembly of a state passes a resolution with an absolute majority of its total members and two-thirds majority of those present and voting, then the Indian Parliament can constitute or abolish the Legislative Council in that state.
  • At present only six states, Uttar Pradesh (99), Karnataka (75), Maharashtra (78), Bihar (75), Andhra Pradesh (50) and Telangana (40) have Legislative Councils. But the 7th Legislative Council has been passed in the West Bengal Legislative Assembly on July 7, 2021.

  Assembly

  • In the Bihar State Legislature, the Legislative Assembly is called the Lower House. The total number of members in this house is
  • In November 2000, under the Bihar State Reorganization Act, 2000, Anglo-Indian’s seat went to Jharkhand. But it has been abolished by the 104th Constitutional Amendment, 2019 (25 January, 2020).
  • According to the 91st Constitutional Amendment, 2003, the number of members in the Council of Ministers cannot be more than 15% of the total number of members of the Legislative Assembly of that State including the Chief Minister in the Center/State. But in small states, the number of ministers will not be less than 12 (including the Chief Minister).
  • According to Article 170 of Indian constitution Provided that total numbers of members in the Legislative Assembly of a State shall in no case be more than five hundred or less than sixty, members chosen by direct election from territorial constituencies in the state.
  • 243 members are elected on the basis of adult franchise. Of these, 203 are reserved for general category, 38 for scheduled caste and 2 for scheduled tribe.
  • The minimum age to be a member of the Legislative Assembly is 25 years. Other qualifications are prescribed by Article 173 of the Constitution.
  • Out of the elected members of the Legislative Assembly (Article 178), one member is elected as the Speaker and the other one as the Deputy Speaker.
  • The Speaker and the Deputy Speaker conduct their duties with the help of the Legislative Assembly Secretariat, whose head is called the Chief Secretary. The Legislative Assembly has been given wide powers by the constitution to make laws for the state, pass the budget, curb the executive.
  • According to Article 172(1) every Legislative Assembly of every state, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as dissolution of the Assembly. Provided that that said period may, while a proclamation of emergency is in operation, be extended by Parliament by a law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

  Note: Reservation of seats for Anglo-Indians in the Lok Sabha and State Assemblies has been abolished by the 104th Constitutional Amendment Act, 2019. This provision was implemented for a period of 70 years since the enactment of the Constitution, which expired on January 25, 2020, has been abolished by amending Article 334. But under the same amendment, the reservation for SC/ST has been further extended for 10 years, till January 25, 2030.

  Officer of the Legislative Assembly

  • For the smooth conduct of the proceedings of the Provincial Legislative Assembly, the members of the State Legislative Assembly elect the Speaker and the Deputy Speaker of the Legislative Assembly. These are called the officers of the Legislative Assembly.

  Speaker of the Legislative Assembly

  • The members of the Legislative Assembly elect the Speaker from among their members. He conducts the proceedings of the House, maintains discipline, gives permission to make speeches, ask questions and introduce bill proposals, etc.
  • He puts the motion to vote and announces the result casts the deciding vote in case of equality of votes in favor or against.
  • Only the Speaker of the Legislative Assembly certifies the Money Bill His decision is final. He submits his resignation to the Deputy Speaker of the Legislative Assembly.
  • He can be removed by a resolution of the Assembly banned by a majority of all the then members on 14 days prior notice.

  Deputy Speaker of the Legislative Assembly

  • The Deputy Speaker of the Legislative Assembly is the second chief officer of the Legislative Assembly. In the absence of the Speaker of the Legislative Assembly, all his work is done by the Deputy Speaker. He tenders his resignation to the Speaker of the Legislative Assembly.