The
Vidhan Sabha also known as Legislative
Assembly is the lower house of state legislature in
India
. Members of the Vidhan Sabha are direct
representatives of the people of the particular state as they are
directly elected by an electorate
consisting of all adult citizens of that state. Its maximum size as
outlined in the
Constitution of
India is not more than 500 members and not less than 60.
However,
it can be less than 60 by an Act of Parliament like in the states of
Goa
, Sikkim
and Mizoram
. The
Governor can appoint 1 member to represent
the
Anglo-Indian community if he or she
finds that community to not be adequately represented in the
House.
Each Vidhan Sabha is formed for a five year term after which all
seats are up for election. During a
State of Emergency, its term may
be extended past five years or it may be dissolved. It can also be
dissolved if a
motion of no
confidence is passed within it against the majority party or
coalition.
Qualifications required to become a member
To become
a member of the Vidhan Sabha, a person must be a citizen of India, not less
than 25 years of age. He should be mentally sound and should
not be
bankrupt. He should also state an
affidavit that there are no
criminal procedures against him.
The members of the Vidhan Sabha elect a
Speaker of Vidhan Sabha who is
responsible for the conduct of business of the body, and also a
Deputy Speaker to preside during the Speaker's absence. The Speaker
acts as a nuetral judge and manages all debates and discussions in
the house. Usually he is a member of the stronger political
party
The Vidhan Sabha holds equal legislative power with the
upper house of state legislature, the
Vidhan Parishad, except in the area of
money bills in which case the Vidhan
Sabha has the ultimate authority. If conflicting
legislation is enacted by the two Houses, a
joint sitting is held to resolve the differences. In such a
session, the members of the Vidhan Sabha would generally prevail,
since the Vidhan Sabha includes more than twice as many members as
the Vidhan Parishad.
Special powers of the Vidhan Sabha
A
motion of no confidence
against the government in the state can only be introduced in the
Vidhan Sabha. If it is passed by a majority vote, then the
Chief Minister and his Council of
Ministers must collectively resign.
A
money bill can only be introduced in
Vidhan Sabha. After it is passed in the Vidhan Sabha, it is sent to
the Vidhan Parishad, where it can be kept for a maximum time of 14
days. Unless the Vidhan Parishad rejects it or 14 days lapse or the
suggestions made by the Vidhan Parishad are not acceptable to the
Vidhan Sabha, the bill, the bill is considered passed. The
budget of state is also presented in the
Vidhan Sabha by the Finance Minister of the state in the name of
the Governor of that state.
In matters related to ordinary bills, after it is passed by the
originating house (that is either Vidhan Sabha or Vidhan Parishad)
it is sent to the other house, where it can be kept for a maximum
period of 6 months time. If the other house rejects the bill or 6
months pass or the suggestions made by the other house is not
acceptable to the originating house, it results in a situation of
deadlock. This is resolved by the Governor by calling a joint
session of both houses which is presided over by the speaker of the
Vidhan Sabha and decided by a
simple
majority. Since the Vidhan Sabha has greater numerical
strength, it is in a position of advantage unless fractured by many
different parties.
References
See also
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