Session of State Legislature

Summoning of Sessions and Prorogation of the Houses (Article 174):

  • Article 174 provides that the Governor shall, from time to time, summon House of the State Legislature to meet at such time and place as he thinks Thus; it is the Governor, who has power to summon the Sessions of the Bares of the State Legislature from time to time.
  • However, the exercise of power of the Governor is conditioned by the requirement that six months must not intervene between the last sitting one Session of the House and the date appointed for its first sitting in the next Session. There shall not, therefore, be an interval of more than six month between two Sessions of a House. 
  • Clause (2) of Article 174 confers on the Governor the power of prorogation of the Houses of Legislature. So, the Governor may prorogue from time to time the House or either House of the State Legislature 
  • Prorogation means termination of the Session.

Dissolution of the Houses

As regards the Legislative Assembly, Article 174(2)(b) empowers the Governor to dissolve the Assembly before the expiration of its term of five years. 

Dissolution of Legislative Assembly by the President

Article 174(2)(b) expressly vests the power of dissolving the Assembly in the Governor, even if that had to be on the advice of the State Council of Ministers. But, when the President assumes to himself the Governmental powers by a Proclamation made under Article 356(1), the power of giving advice would automatically be taken over by the President for the purpose of the dissolution of the House. Therefore, dissolution by the President after the issuance of the Proclamation would be as good as dissolution of the Assembly by the Governor whose powers are taken over.

Officers of State Legislature

The Speaker and Deputy Speaker of the Legislative Assembly (Article 178-181):

  • The presiding officer of the Legislative assembly is known as the Speaker. 
  • He is elected by the members of the assembly from amongst its own members.
  • The Assembly elects another member to be the Deputy Speaker. So often as the office of Speaker or Deputy becomes vacant, the Assembly shall choose another member to be Speaker or as the case may be.
  • Article 179 provides that the Speaker or the Deputy Speaker shall vacate Speaker, his office if he ceases to be a member of the Assembly. The Speaker may, at time by writing under his hand addressed to the Deputy Speaker, resign his office. The Deputy Speaker may resign his office at any time, by writing his hand addressed to the Speaker. 
  • The Speaker or the Deputy Speaker, as the case may be, may be removed from his office, by a resolution of the Assembly passed by a majority of all the then members of the Assembly A resolution for this purpose can be moved only after a notice of fourteen days has been given of the intention to move the resolution.
  • While the office of the Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker. If the office of the Deputy Speaker is also vacant, the duties of the office of the Speaker shall be performed, by such member of the Assembly as the Governor may appoint for the purpose. 
  • During the absence of the Speaker from any sitting of the Assembly, the Deputy Speaker, or if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.

Chairman and Deputy Chairman of Legislative Council (Articles 182 to 185):

  • The Presiding Officer of the Legislative Council of a State is known as Chairman. Article 182 provides that the Legislative Council elects its Chairman and Deputy Chairman from amongst its own members. So often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member of the Council to be the Chairman or Deputy Chairman, as the case may be.
  • The Chairman or Deputy Chairman shall vacate his office, if he ceases to be a member of the Council. The Chairman may resign his office, at any time, by writing addressed to the Deputy Chairman and the Deputy Chairman may resign by addressing his resignation in writing to the Chairman,
  • The Chairman or the Deputy Chairman may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council. No such resolution shall be moved unless at least 14 days’ notice has been given of the intention to move the resolution. 
  • When the office of the Chairman is vacant, the duties of the office are performed by the Deputy Chairman and if his office is also vacant, the duties of the office of the Chairman are performed by such member of the Council as the Governor may appoint for the purpose,
  • During the absence of the Chairman from a sitting of Deputy Chairman or if he is also absent, such person as may be 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 .
  • While any resolution for the removal of either of the Chairman or the Deputy Chairman is under consideration, he shall not preside over the sitting of the Council. He may, however, be present in the House. He shall have the right to speak in and otherwise to take part in the proceedings. He shall have the right to vote on such resolution only in the first instance. 
  • As discussed above, the Speaker can be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly. Article 181 provides that the Speaker shall not preside when such a resolution is under consideration of the Assembly. But, he can be present in the House and take part in the proceedings when such resolution is under consideration. He can vote only in the first instance on such resolution. Similarly, the Deputy Speaker shall not preside when a resolution for his removal from office is under consideration of the Assembly. Though, he can be present in the House and can take part in the proceedings when such resolution is under consideration and can vote on such resolution only in the first instance.

The position, powers and duties of the Speaker of the Legislative Assembly of a State Legislature are the same as those of the Speaker of the Lok Sabha.

Salaries and Allowances of the Speaker etc. (Article 186):

  • Article 186 lays down that the salaries and allowances of the Speaker, the Deputy Speaker, of the Legislative Assembly and the Chairman and the Deputy Chairman of the Legislative Council are fixed by the Legislature of the State by law. Initially the provision was contained in Second Schedule to the Constitution. 
  • The salaries and allowances of the Speaker, the Deputy Speaker, the Chairman and the Deputy Chairman are charged upon the Consolidated Fund of the State.

Secretariat of State Legislature (Article 187):

  • Article 187(1) provides that each House of the Legislature of a State shall have a separate Secretarial Staff. However, in the case of the State Legislature having a Legislative Council there may be created posts common to both Houses of such Legislature. 
  • The recruitment and conditions of service of persons appointed to the Secretarial Staff of the House or Houses of the Legislature may be regulated by the Legislature of the State, by law. 
  • Until such law is made, Governor in consultation with the speaker of the assembly or the chairman of the council may make rules.
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