Composition of Lok Sabha (House of the People)

Parliament is the supreme legislative body of the Republic of India. It is a bicameral legislature comprising the President and two Houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Articles 79 to 122 in Part V of the Constitution deal with Parliament.

The Lok Sabha is the lower house of Parliament and represents the people of India directly.

Composition:

The maximum strength of the Lok Sabha is fixed at 550 members.

• 530 members representing the States.

• 20 members representing the Union Territories.

Originally, the President could nominate two members from the Anglo-Indian community to the Lok Sabha if he felt they were not adequately represented. This provision (Article 331) was discontinued by the 104th Amendment Act, 2019.

The current strength of the Lok Sabha is 543 elected members (524 from States and 19 from Union Territories).

Direct Election, Territorial Constituencies

The members of the Lok Sabha are directly elected by the people on the basis of universal adult franchise. Every citizen who is 18 years of age or above and is not otherwise disqualified has the right to vote.

For the purpose of election, each state is divided into territorial constituencies such that the ratio between the population of each constituency and the number of seats allotted to it is, as far as practicable, the same throughout the state. (Article 81).

Further, the ratio between the number of seats allotted to each state and the population of the state is, as far as practicable, the same for all states. (Applicable to states where population is more than 60 lakh).

The allocation of seats to states and the division of each state into territorial constituencies is done on the basis of the Census of 1971. This arrangement will continue until the first census taken after the year 2026 (84th Amendment Act, 2001).

Reservation for SCs and STs

The Constitution provides for the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha on the basis of population ratio (Article 330).

These reserved seats are allotted to states and union territories on the basis of their population of SCs/STs. The electors in these constituencies, however, vote jointly, and not separately.

Originally, this reservation was for 10 years, but it has been extended periodically. The 104th Amendment Act, 2019, extended the reservation for SCs and STs in the Lok Sabha and State Legislative Assemblies for a further period of ten years, i.e., up to January 25, 2030.

Duration and Dissolution

The normal term of the Lok Sabha is five years from the date of its first meeting after the general elections (Article 83).

However, the President can dissolve the Lok Sabha at any time before the completion of its term. The President dissolves the Lok Sabha on the advice of the Prime Minister.

During a National Emergency, the term of the Lok Sabha can be extended by Parliament by law for one year at a time, for any length of time. However, this extension cannot continue beyond a period of six months after the Proclamation of Emergency ceases to operate.

Composition of Rajya Sabha (Council of States)

The Rajya Sabha is the upper house of Parliament and represents the states of the Indian Union. It acts as a revising chamber and provides representation to the states in the Union Parliament.

Composition:

The maximum strength of the Rajya Sabha is fixed at 250 members.

• 238 members representing the States and Union Territories.

• 12 members nominated by the President.

The current strength of the Rajya Sabha is 245 members (233 elected and 12 nominated).

Indirect Election, Proportional Representation

The representatives of states in the Rajya Sabha are elected by the elected members of the State Legislative Assemblies.

The election is held in accordance with the system of proportional representation by means of single transferable vote (Article 80). This system ensures that each state gets representation roughly proportional to its population.

The representatives of each Union Territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose. (Currently, only Delhi, Puducherry, and Jammu and Kashmir have representation in Rajya Sabha from UTs).

Nominated Members

The President nominates 12 members to the Rajya Sabha from persons who have special knowledge or practical experience in literature, science, art, and social service (Article 80(3)).

The rationale for nomination is to provide representation to eminent persons who might not be able to get elected through the regular process but can contribute significantly to the parliamentary deliberations.

Duration and Representation of States

The Rajya Sabha is a permanent body and is not subject to dissolution (Article 83). However, one-third of its members retire every second year, and new members are elected to fill the vacancies.

The representation of states in the Rajya Sabha is based on their population, but it is not strictly proportional to the population. The Fourth Schedule of the Constitution deals with the allocation of seats in the Rajya Sabha to the states and union territories. For example, Uttar Pradesh (the most populous state) has 31 seats, while smaller states have fewer seats (e.g., Goa has 1 seat). Union Territories are represented based on their population, with only Delhi, Puducherry, and Jammu and Kashmir currently having enough population for representation.

The retirement of members every two years ensures continuity in the functioning of the House.

Legislative Powers

The primary function of Parliament is to make laws for the entire country or any part thereof. The distribution of legislative powers between the Union and the states is specified in the Seventh Schedule.

Union List, State List, Concurrent List

The Seventh Schedule contains three lists:

• Union List: Parliament has exclusive power to make laws with respect to the subjects enumerated in the Union List (e.g., Defence, Foreign Affairs, Railways, Banking, Currency, Atomic Energy).

• State List: State Legislatures ordinarily have exclusive power to make laws with respect to the subjects enumerated in the State List (e.g., Public Order, Police, Public Health, Agriculture, Local Government). However, Parliament can also make laws on subjects in the State List under extraordinary circumstances (e.g., when Rajya Sabha passes a resolution under Article 249; during a National Emergency - Article 250; when states request Parliament - Article 252; for implementing international agreements - Article 253; during President's Rule - Article 356).

• Concurrent List: Both Parliament and State Legislatures can make laws with respect to the subjects enumerated in the Concurrent List (e.g., Criminal Law, Civil Procedure, Marriage and Divorce, Education, Forests, Trade Unions). In case of a conflict between a Central law and a state law on a subject in this list, the Central law generally prevails (Article 254), unless the state law was reserved for the consideration of the President and received his assent.

Residuary Powers: Parliament has exclusive power to make laws with respect to any matter not enumerated in the Union List, State List, or Concurrent List (Article 248).

Procedure for Ordinary Bills

An ordinary bill can be introduced in either House of Parliament. It has to pass through several stages in each House:

1. First Reading: Introduction of the bill with the permission of the presiding officer.

2. Second Reading: General discussion, committee stage (bill may be referred to a select committee or a joint committee), and consideration stage (clause by clause discussion and amendments).

3. Third Reading: Discussion limited to the acceptance or rejection of the bill as a whole. If passed, it is sent to the other House.

4. In the other House: The bill passes through similar stages. The other House may pass the bill as it is, pass it with amendments, or reject the bill. If amendments are made, the bill is sent back to the originating House for reconsideration.

5. President's Assent: After being passed by both Houses (or jointly), the bill is presented to the President for assent. The President can give assent, withhold assent, or return it for reconsideration (if it's not a Money Bill). If returned and passed again, the President must give assent.

Procedure for Money Bills

A Money Bill is defined in Article 110 and deals exclusively with matters like taxation, government borrowings, expenditure from or receipt into the Consolidated Fund of India or the Contingency Fund of India. A bill is certified as a Money Bill by the Speaker of the Lok Sabha, and his decision is final.

The procedure for Money Bills is different from ordinary bills:

1. A Money Bill can be introduced only in the Lok Sabha and only on the recommendation of the President.

2. After being passed by the Lok Sabha, it is sent to the Rajya Sabha.

3. The Rajya Sabha has limited powers regarding a Money Bill. It cannot reject or amend a Money Bill. It can only make recommendations. It must return the bill with or without recommendations within 14 days from the date of its receipt.

4. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha.

5. If the Lok Sabha accepts any recommendation, the bill is deemed to have been passed by both Houses in the modified form. If the Lok Sabha rejects all recommendations, the bill is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha.

6. If the Rajya Sabha does not return the bill within 14 days, it is also deemed to have been passed by both Houses in the form it was passed by the Lok Sabha.

7. Finally, the bill is presented to the President for assent. The President can either give his assent or withhold his assent but cannot return a Money Bill for reconsideration.

This procedure highlights the Lok Sabha's dominance in financial matters.

Joint Sittings

In case of a deadlock between the two Houses over an ordinary bill (when the other House rejects the bill, or the Houses have finally disagreed as to the amendments, or more than six months elapse from the date of the reception of the bill by the other House without the bill being passed by it), the President can summon a joint sitting of both Houses (Article 108).

• A Money Bill cannot be referred to a joint sitting as the Rajya Sabha has limited powers.

• A Constitutional Amendment Bill cannot be referred to a joint sitting; it must be passed separately by each House by a special majority (Article 368).

• The joint sitting is presided over by the Speaker of the Lok Sabha.

• The bill is passed in a joint sitting by a simple majority of the total number of members of both Houses present and voting.

Since the strength of the Lok Sabha is more than double that of the Rajya Sabha, a joint sitting is usually favourable to the Lok Sabha.

So far, joint sittings have been held only three times: for the Dowry Prohibition Bill, 1960, the Banking Service Commission (Repeal) Bill, 1978, and the Prevention of Terrorism Bill, 2002.

Financial Powers

Parliament has significant control over the finances of the Union Government. This is rooted in the principle that the executive cannot spend money without the authorisation of the legislature.

Budget, Appropriation Bill, Finance Bill

Parliament's financial powers are exercised primarily through the process of passing the Union Budget (Annual Financial Statement).

• Budget: The President causes the Annual Financial Statement, laying down the estimated receipts and expenditure of the Government of India for the coming financial year (April 1 to March 31), to be laid before both Houses of Parliament (Article 112).

• Demand for Grants: After the general discussion on the Budget, the Lok Sabha discusses and votes on the demands for grants for various ministries. Demands for grants are estimates of expenditure. No demand for a grant can be made except on the recommendation of the President.

• Appropriation Bill: After the demands for grants are voted, an Appropriation Bill is introduced in the Lok Sabha to provide for the withdrawal of money from the Consolidated Fund of India to meet the grants voted by the Lok Sabha and the expenditure charged upon the Consolidated Fund of India. An Appropriation Bill is considered a Money Bill. It must be passed by Parliament, and no amendment can be proposed in either House which will have the effect of varying the amount or altering the destination of any grant so voted or varying the amount of any expenditure charged upon the Consolidated Fund of India.

• Finance Bill: A Finance Bill is introduced along with the Budget to give effect to the financial proposals of the Government for the next financial year, including tax proposals. A Finance Bill is also considered a Money Bill, though sometimes it may contain provisions other than those specified in Article 110, in which case it is treated as an ordinary bill with respect to those provisions. Once passed by Parliament and assented to by the President, it becomes the Finance Act of the year.

The Lok Sabha has the primary role in passing the Budget and Finance Bill, reflecting its control over the purse strings, as money bills can only originate in the Lok Sabha and the Rajya Sabha has limited powers.

Parliament also controls public finance through its committees like the Public Accounts Committee (PAC), Estimates Committee, and Committee on Public Undertakings.

Deliberative and Supervisory Functions

Parliament serves as a forum for deliberation, debate, and discussion on matters of national importance. It also exercises control over the executive through various mechanisms.

Deliberative Functions:

• Discussion on the President's Address, the Budget, and other matters of national and international significance.

• Raising questions and debating issues during various periods of the parliamentary day.

Supervisory Functions (Control over the Executive):

The principle of collective responsibility (Council of Ministers is collectively responsible to the Lok Sabha) is the primary mechanism of parliamentary control. Parliament exercises this control through:

• Question Hour: The first hour of every parliamentary sitting is usually devoted to the Question Hour, where members ask questions to ministers, who are obligated to answer.

• Zero Hour: Follows the Question Hour. Members can raise matters of importance without prior notice, though it is an informal device not mentioned in the Rules of Procedure.

• Motions: Various motions are used for discussion and control:

  • Adjournment Motion: To discuss a definite matter of urgent public importance. It involves an element of censure against the government.

  • Calling Attention Motion: To call the attention of a minister to a matter of urgent public importance.

  • Censure Motion: To express strong disapproval of the policy or action of the government or a minister. If passed in the Lok Sabha, the government must resign.

  • No-Confidence Motion: To test the confidence of the Lok Sabha in the Council of Ministers.

• Debates: Discussions on bills, resolutions, and other matters.

• Parliamentary Committees: Committees scrutinise the working of the executive and the implementation of laws (e.g., Public Accounts Committee, Estimates Committee, Standing Committees).

No-Confidence Motion

The No-Confidence Motion (Article 75(3)) is the most potent weapon in the hands of the Lok Sabha to control the executive. It can be moved only in the Lok Sabha against the entire Council of Ministers, not against individual ministers or only the Prime Minister. It requires the support of at least 50 members to be admitted.

If a no-confidence motion is passed by the Lok Sabha, the entire Council of Ministers, including the Prime Minister, must resign. This is because the Council of Ministers is collectively responsible to the Lok Sabha. The Rajya Sabha cannot pass a no-confidence motion against the Council of Ministers.

Constituent Powers

Parliament has the power to amend the Constitution. This power is derived from Article 368.

Amendment of the Constitution

Parliament is the only body empowered to initiate and pass a constitutional amendment.

• An amendment can be initiated by the introduction of a Bill for the purpose in either House of Parliament.

• The Bill must be passed in each House by a special majority, i.e., a majority of the total membership of the House and a majority of not less than two-thirds of the members of that House present and voting.

• In federal provisions, the amendment also requires ratification by the legislatures of not less than one-half of the states by a simple majority.

• After being passed by both Houses (and ratified by states, where required), the Bill is presented to the President, who must give his assent (24th Amendment Act, 1971).

Parliament's constituent power is limited by the Basic Structure Doctrine (as laid down in the Kesavananda Bharati case), meaning it cannot amend the Constitution in a way that alters its basic features.

Electoral Functions

Parliament also participates in the election of certain constitutional functionaries.

Election of President and Vice-President

• President: The elected members of both Houses of Parliament are part of the Electoral College that elects the President.

• Vice-President: All members (elected and nominated) of both Houses of Parliament constitute the Electoral College for the election of the Vice-President.

Parliament also elects the Speaker and Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha.

Judicial Powers

Parliament exercises certain judicial functions, particularly related to the removal of high constitutional functionaries.

Impeachment of President, Vice-President, Judges

• Impeachment of the President: Parliament conducts the quasi-judicial process of impeachment to remove the President for violation of the Constitution (Article 61).

• Removal of the Vice-President: The Rajya Sabha passes a resolution for the removal of the Vice-President, which is then agreed to by the Lok Sabha (Article 67).

• Removal of Supreme Court and High Court Judges: Judges can be removed by the President after an address by Parliament supported by a special majority in each House (Article 124(4) and 217).

• Removal of Chief Election Commissioner and CAG: Similar procedure as for the removal of judges.

Parliament also has the power to punish its members or outsiders for breach of its privileges or contempt (this is also sometimes considered a judicial power).

Article 105: Powers, Privileges, etc., of Parliament and its Members

Article 105 deals with the powers, privileges, and immunities of each House of Parliament, and of the members and the committees of each House.

Collective Privileges of the House:

• It has the right to publish its reports, debates, and proceedings, and also the right to prohibit others from publishing them.

• It can exclude strangers from its proceedings.

• It can make rules to regulate its own procedure and the conduct of its business.

• It can punish members as well as outsiders for breach of its privileges or its contempt.

• It has the right to receive immediate information of the arrest, detention, conviction, imprisonment, and release of a member.

• Courts are prohibited from inquiring into the proceedings of a House or its committees.

• No person (whether a member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the permission of the presiding officer.

Individual Privileges of Members:

• Freedom of Speech in Parliament: (Article 105(1)) No member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof.

• Protection from Arrest: (Article 105(2)) Members are exempted from arrest during the session of Parliament and 40 days before and 40 days after the session. This immunity is available only in civil cases, not in criminal or preventive detention cases.

• Exemption from Attendance as Witness: A member cannot be compelled to attend as a witness in a court while Parliament is in session.

Evolution of Privileges:

Article 105(3) originally stated that the powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof shall be such as may from time to time be defined by Parliament by law, and until so defined, shall be those of the House of Commons of the Parliament of the United Kingdom and of its members and committees, at the commencement of the Constitution.

The 44th Amendment Act, 1978, removed the reference to the British House of Commons. Now, Article 105(3) states that the powers, privileges, etc., shall be such as may be evolved by Parliament from time to time. However, Parliament has not yet enacted a comprehensive law defining these privileges. Therefore, in practice, the privileges largely continue to be interpreted based on the precedents of the British House of Commons and judicial pronouncements.

Parliamentary Committees

Parliamentary committees are mini-legislatures that perform various functions like detailed scrutiny of bills, examination of budget estimates, investigation of financial irregularities, etc. The powers, privileges, and immunities applicable to members in the House are also applicable to them in the committees (Article 105). Examples include the Public Accounts Committee, Estimates Committee, Departmental Standing Committees, etc.

Disqualifications of Members

The Constitution lays down certain grounds for disqualification of members of Parliament (Article 102). If a member incurs any of these disqualifications, he ceases to be a member.

Grounds for Disqualification:

• If he holds any office of profit under the Union or state government (other than an office exempted by Parliament).

• If he is of unsound mind and stands so declared by a competent court.

• If he is an undischarged insolvent.

• If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgment of allegiance or adherence to a foreign state.

• If he is disqualified by or under any law made by Parliament.

Parliament has enacted laws like the Representation of the People Act, 1951, which specifies additional grounds for disqualification (e.g., convicted of certain criminal offences, indulging in corrupt practices in elections, failure to lodge election expenses).

Decision on Disqualification:

If a question arises as to whether a member has become subject to any of the disqualifications mentioned above, the matter is referred to the President. The President's decision is final, but he must obtain the opinion of the Election Commission and act accordingly (Article 103).

Anti-Defection Law (10th Schedule)

Disqualification on the ground of defection was added later by the 52nd Constitutional Amendment Act, 1985. This added the Tenth Schedule to the Constitution, popularly known as the Anti-Defection Law.

Grounds for disqualification on defection (for MPs and MLAs):

• If an elected member voluntarily gives up the membership of the political party on whose ticket he is elected.

• If he votes or abstains from voting in the House contrary to any direction issued by his political party without obtaining prior permission. His voting or abstention must not be condoned by the party within 15 days.

• If any nominated member joins any political party after the expiry of six months from the date on which he takes his seat in the House.

• If an independent member (elected without belonging to any party) joins any political party after the election.

The decision on disqualification under the Anti-Defection Law is made by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha (in case of MPs). The decision of the presiding officer is subject to judicial review (Kihoto Hollohan v. Zachillhu, 1992).

The 91st Amendment Act, 2003, amended the Anti-Defection Law, removing the exception for 'split' in a party (when one-third of members defect) and making it mandatory for defectors (unless there is a full merger of the party with another) to be disqualified from being a minister and from holding any remunerative political office until they are re-elected.

Composition of State Legislatures

Part VI of the Constitution (Articles 168 to 212) deals with the State Legislature. The structure of the State Legislature is not uniform across all states.

Unicameral vs. Bicameral Legislatures

While all states have a Legislative Assembly, some states also have a Legislative Council. Thus, state legislatures can be:

• Unicameral: Consisting of only one House, the Legislative Assembly (Vidhan Sabha). Most states in India have unicameral legislatures.

• Bicameral: Consisting of two Houses, the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). As of 2023, only six states have bicameral legislatures: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka.

The Constitution provides for the abolition or creation of a Legislative Council in a state. The Parliament can abolish or create a Legislative Council in a state if the State Legislative Assembly passes a resolution to that effect by a special majority (majority of the total membership of the Assembly and a majority of not less than two-thirds of the members of the Assembly present and voting). Parliament then passes an ordinary law to that effect (Article 169). This is not considered a constitutional amendment under Article 368.

Legislative Assembly (Vidhan Sabha)

The Legislative Assembly is the lower house in a bicameral legislature and the sole house in a unicameral one. Its members are directly elected by the people of the state on the basis of universal adult franchise.

• Strength: The strength of the Legislative Assembly varies from state to state, based on population. The number of members shall not be more than 500 and not less than 60 (Article 170). However, some small states have fewer members by special provision (e.g., Sikkim, Goa, Mizoram).

• Reservation: Seats are reserved for SCs and STs in the Legislative Assembly of each state on the basis of population ratio, similar to the Lok Sabha (Article 332). This reservation has been extended up to January 25, 2030, by the 104th Amendment Act, 2019.

• Nominated Member: The Governor can nominate one member from the Anglo-Indian community if he is of the opinion that they are not adequately represented. This provision (Article 333) has been discontinued by the 104th Amendment Act, 2019.

• Duration: The normal term is five years, but it can be dissolved earlier by the Governor. The term can be extended during a National Emergency by Parliament for one year at a time, but not beyond six months after the emergency ceases.

Legislative Council (Vidhan Parishad)

The Legislative Council is the upper house in the six states where it exists. It is a partially elected and partially nominated body. It is not a permanent house like the Rajya Sabha, but one-third of its members retire every second year.

• Strength: The total number of members in the Legislative Council of a state shall not exceed one-third of the total number of members in the Legislative Assembly of that state, and shall in no case be less than 40 members (Article 171).

• Method of Election: Approximately (Article 171):

  • 1/3rd are elected by members of local bodies (municipalities, district boards, etc.) in the state.

  • 1/12th are elected by graduates of three years' standing residing in the state.

  • 1/12th are elected by teachers of three years' standing in educational institutions not lower than secondary schools.

  • 1/3rd are elected by the members of the Legislative Assembly from amongst persons who are not members of the Assembly.

  • 1/6th are nominated by the Governor from persons having special knowledge or practical experience in literature, science, art, co-operative movement, and social service (similar to Rajya Sabha nominations, but includes co-operative movement).

• Duration: Like the Rajya Sabha, the Legislative Council is a continuing chamber. One-third of its members retire on the expiry of every second year. The term of a member is six years.

The Legislative Council is a weaker house compared to the Legislative Assembly, particularly in financial matters and control over the executive. Money Bills can originate only in the Assembly, and the Council has limited powers over them (can only make recommendations within 14 days).

Powers and Privileges of State Legislatures and their Members

Similar to Parliament, the State Legislatures and their members enjoy certain powers and privileges to ensure their independent and effective functioning.

Article 194: Powers, Privileges, etc., of the Houses of Legislatures of States and of the members and committees thereof

Article 194 is the counterpart to Article 105 at the Centre. It defines the powers, privileges, etc., of the Houses of the Legislature of a State, and of the members and the committees of a House of such Legislature.

Collective Privileges of the House (similar to Parliament):

• Right to publish its reports, debates, and proceedings, and to prohibit others from publishing them.

• Right to exclude strangers from its proceedings.

• Right to make rules to regulate its own procedure and the conduct of its business.

• Right to punish members as well as outsiders for breach of its privileges or its contempt.

• Right to receive immediate information of the arrest, detention, conviction, imprisonment, and release of a member.

• Courts are prohibited from inquiring into the proceedings of a House or its committees.

• No person can be arrested, and no legal process can be served within the precincts of the House without the permission of the presiding officer.

Individual Privileges of Members (similar to Parliament):

• Freedom of Speech in the Legislature: (Article 194(1)) No member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof.

• Protection from Arrest: Members are exempted from arrest during the session of the Legislature and 40 days before and 40 days after the session. This immunity is available only in civil cases, not in criminal or preventive detention cases.

• Exemption from Attendance as Witness: A member cannot be compelled to attend as a witness in a court while the Legislature is in session.

Like Article 105, Article 194(3) originally linked state legislative privileges to those of the British House of Commons at the commencement of the Constitution. The 44th Amendment Act, 1978, removed this reference, stating that the privileges shall be such as may be evolved by the Legislature of a State from time to time. State Legislatures have also not enacted comprehensive laws defining these privileges, and they are largely based on existing precedents and judicial interpretations.

The provisions for disqualification of members of State Legislatures (Article 191) and the decision-making process (Article 192, involving the Governor and Election Commission) are similar to those for MPs.

The Anti-Defection Law (Tenth Schedule) also applies to the members of State Legislatures, with the decision on disqualification being taken by the Speaker of the Legislative Assembly or the Chairman of the Legislative Council.

Relationship between Governor and State Legislature

The Governor is an integral part of the State Legislature, although not a member. The relationship between the Governor and the State Legislature mirrors that between the President and Parliament in many aspects.

Summoning, Prorogation, Dissolution

• The Governor summons the House or each House of the State Legislature to meet at such time and place as he thinks fit (Article 174).

• He can prorogue the House or Houses.

• He can dissolve the State Legislative Assembly. This power is exercised on the advice of the Council of Ministers headed by the Chief Minister, as long as the government enjoys a majority in the Assembly. However, in certain situations, the Governor may use his discretion to dissolve the Assembly, especially if the government loses its majority and refuses to resign or seek a vote of confidence.

The Governor must summon the Legislature such that six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

The Governor also addresses the state legislature at the commencement of the first session after each general election and the first session of each year (Article 176).

Ordinances

When the State Legislative Assembly (or both Houses in a bicameral state) is not in session, the Governor can promulgate Ordinances (Article 213).

• An ordinance has the same force and effect as an Act of the State Legislature.

• The Governor can promulgate an ordinance only on the advice of the State Council of Ministers, except when he is acting in his discretionary capacity.

• An ordinance must be laid before the State Legislative Assembly when it reassembles (and before the Legislative Council in a bicameral state).

• It must be approved by the State Legislature within six weeks from its reassembly date, otherwise it ceases to operate.

• The Governor can withdraw an ordinance at any time.

• An ordinance can be issued only on subjects on which the state legislature has the power to make laws (State List and Concurrent List).

• The Governor cannot promulgate an ordinance containing provisions which, if enacted as a bill, would require the prior sanction of the President or would have to be reserved for the consideration of the President. In such cases, the Governor must obtain the instructions from the President before promulgating the ordinance.

The power to promulgate ordinances is an important legislative power exercised by the executive when the legislature is not in session, but it is subject to legislative control and review.

The Governor also has the power to reserve bills passed by the state legislature for the consideration of the President (Article 200), providing the Centre with some control over state legislation, particularly on Concurrent List subjects or matters affecting the High Court.