Dissolution of State Legislatures: Constitutional Plan and Contemporary Developments

Abstract

The state government is resolved into three institutional components, the legislative, as represented by the state legislature; the executive, as represented by the governor and the council of ministers; and the judicial, as represented by the High court and the subordinate courts.The state legislature in Bihar, Maharashtra, Madhya Pradesh, karmataka, and Uttar Pradesh is bi-cameral having two Houses. It is thus composed of the governor, legislative Council (vidhan parishad) and legislative assembly (Vidhan Sabha) [Art.168] . In all other states, the state legislature is unicameral having only one House and, therefore it is composed of the Governor and legislative assembly (Vidhan Sabha). The total membership of a state Legislative Council cannot be less than 40, or more than one-third of the total membership in the legislative assembly [Art. 17 (1)]. The constitution thus fixes the minimum and the maximum limits regarding the strength of a legislative council. The actual strength of each House is however fixed by the parliament, which is as follows: Bihar 96; Maharasthra 78; Madhya Pradesh, 90; Karnataka, 63; Uttar Pradesh, 108. Art 169 talks about the abolition or creation of Legislative Councils in states. This article concedes: 1) to the states having a second chamber the right to abolish the same and 2) to the states having no second chamber at the commencement of the constitution the right to create one. The procedure is that the legislative council or the creation of such a council, as the case may be, by a majority of the members present and voting. Where such resolution has been passed, parliament will effect to it by making provisions for the abolition of the Legislative Council of the state or creation of such a council as the case may be. Thus the creation and abolition of the Legislative Council is left to the Lower House of the state which by a resolution may recommend either of two courses that it may decide upon . The legislative Council is a continuing body. It is not subject to dissolution. As early as possible, one-third of its members retire every two years in accordance with the law of parliament and their places are filled up by fresh elections or nominations, as the case may be [art. 172(2)]. The Legislative Assembly is the popular chamber, elected directly by the people from territorial constituencies in the State on the basis of adult franchisee once in five years. The house may be dissolved earlier. In an emergency, its life may be extended by parliament by law [art 172 (1)]. Every citizen of India not less than 18 years of age, and not suffering from any disqualification [art 326] .The number of members in a legislative assembly may be 60 at the minimum and 500 at the maximum [art.170 (1)]. To elect these members the state is demarcated into territorial constituencies in such a manner that the ratio between the numbers of members allotted to a constituency and the population therein, so far as practicable, is uniform through out the state [art 170 (2)].Art 170 (2) incorporates the principle of 'fair and effective representation,' or the broad democratic principle of 'one person one vote.' Provisions have been made for reservation of seats in various legislative Assemblies for Scheduled tribes [art 332 and 334]. As regards the Anglo Indian community the governor has authority to nominate one member of the community to the State legislative assembly of a state if he is of the opinion that the community needs representation in the assembly and is not adequately representation in the assembly and is not adequately represented therein [Art 333].