Home/articles
- Recent Questions
- Most Answered
- Answers
- No Answers
- Most Visited
- Most Voted
- Random
- Bump Question
- New Questions
- Sticky Questions
- Polls
- Followed Questions
- Favorite Questions
- Recent Questions With Time
- Most Answered With Time
- Answers With Time
- No Answers With Time
- Most Visited With Time
- Most Voted With Time
- Random With Time
- Bump Question With Time
- New Questions With Time
- Sticky Questions With Time
- Polls With Time
- Followed Questions With Time
- Favorite Questions With Time
Articles
Introduction The state legislature is a part of the machinery of government as provided by the Constitution of India. Its task is to write the laws of the state, to make sure that the machinery of governance runs in accordance with democracy and the rule of law. The Constitution describes how the goRead more
Introduction
The state legislature is a part of the machinery of government as provided by the Constitution of India. Its task is to write the laws of the state, to make sure that the machinery of governance runs in accordance with democracy and the rule of law. The Constitution describes how the government is intended to work in India by describing how state legislatures are constructed and what their powers are. This article will dissect these provisions in the Constitution to help contextualize how state legislatures are structured and the parameters of the arrangement.
Organization and Composition
Article 168 of the Constitution lays down how state legislatures will be structured. It allows for a bicameral (two chambers) system or unicameral (one chamber) system, depending on the each states discretion. With the exception of Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Telangana and Uttar Pradesh, all states in India have unicameral legislatures.
Unicameral Legislature — one house, the Legislative Assembly
2 Houses — Program: Bicameral Legislature — Legislative Assembly and Legislative Council.
Article 171 Eligibility for the membership of State legislature Candidate must be an Indian national and over 25 for the Legislative Assembly or over 30 for the Legislative Council. They also have to meet other qualifications set by the state, and they cannot hold a paid governmental position.
Duration
As per Article 172, the state legislature has a five-year term, which means that the Legislative Assembly generally runs for this period, unless it is dissolved before that. This can be extended by one year at a time, if the state are under the President’s Rule, as per Article 356, but only up to a total of three years. In contrast, the Legislative Council is a permanent body and does not dissolve. Instead, every other year, one-third of its membership retires and elections are held to replace them.
Officers
As there are rules for many legislative meetings, the state legislature’s officers are important. In the Legislative Assembly, these are the Speaker and Deputy Speaker. In the Legislative Council they are the president and vice president.
Speaker and Deputy Speaker: Contributors of Legislative assembly go with a Speaker and a Deputy Speaker by means of the provisions of Article 178. The Speaker presides over assembly meetings and the Deputy Speaker assists him and acts on his behalf when the Speaker is not able to act.
Chairman and Deputy Chairman: Article 179 members of the Legislative Council elect a chairman and a Deputy Chairman. Chairman: Presides over Council conferences; the Deputy Chairman assists and fills in if the Chairman is unavailable.
Privileges and Powers
The state legislature has forms and oversight powers to keep an independent and honest legislative course. Article 194 of the Constitution gives these privileges and powers just like that of Parliament.
Entitlements: Members are entitled to certain protections to conduct their functions without fear. These include the right to speak freely during legislative meetings, protection from being sued for what they say there, and access to information and resources that they may need.
Powers: It can legislate on matters in the Seventh Schedule of the Constitution under the State List and the Concurrent List. Article 246 describes the subject matters over which the respective governments will legislate. The state parliament can also amend the state’s constitution, but to a lesser extent than the Union Parliament.
Addition of Provisions for Officers of the State Legislature
Removal of Officers: The procedure for removal of Speaker, Deputy Speaker, Chairman and Deputy Chairman is provided in Articles 178 and 179. They may be expelled by a majority vote of house members, with at least one-tenth of members qualifying in favor of the resolution.
Salaries and Allowances: Article 174 mentions the state legislature is responsible for determining the remuneration and allowances for the Speaker, Deputy Speaker, Chairman, and Deputy Chairman, all of which are financed from the state’s Consolidated Fund.
State Legislature: The Powers of the State Legislature
The state legislature has all necessary powers for governing the state, per the Constitution:
Law-Making Powers: The state legislature can make laws on subjects in the State List and Concurrent List under Articles 246 and 248 of the Constitution, except for subjects allocated to the Union Parliament.
Financial Powers: Articles 202 and 203 define financial powers of the state legislature, including approving the state budget, deciding on taxes and permitting government spending.
Executive Oversight: State legislature manages executive branch by approving budget, questioning ministers and passing vote of no confidence which can lead to government stepping down.
Constitutional Amendments: According to Article 368, the state legislature can amend the state constitution by following prescribed procedures in consonance with the Constitution.
Conclusion
The state legislature is an important institution that handles the work of the state in India. It has a well-defined method by which it will work, including its structure, composition, tenure, officers, privileges and powers, and this is how it gets its name, the Constitution. These provisions are useful to know for anyone interested in learning how laws are made and how states are, in turn, governed, in India.
See lessGovernance
Introduction Article 356, or "President's Rule," of the Indian Constitution enables the President to assume the administration of a state if the government is not functioning. This is a controversial rule that the central government can misuse. Since mid-1990s, the imposition of Article 356 has seenRead more
Introduction
Article 356, or “President’s Rule,” of the Indian Constitution enables the President to assume the administration of a state if the government is not functioning. This is a controversial rule that the central government can misuse. Since mid-1990s, the imposition of Article 356 has seen a decline. This discussion examines the legal and political factors that have led to this decline.
Legal Factors
SW2023-A9 | Supreme Court Ruling (S. R. Bommai v. Union of India, 1994)
One of the major legal developments that had put a cap on the abuse of Article 356 is the Supreme Court’s 1994 judgement in S. R. Bommai v. Union of India. The court ruled that the invocation of President’s Rule necessitates the establishment of the failure of the government of a state. It also established judicial review, allowing the Supreme Court to judge the legality of such decisions. The ruling had made it difficult for the central government to use of Article 356 without strong justification.
Judicial Scrutiny and Later Cases
In the aftermath of the Bommai ruling, courts have adopted a more alert and vigorous stance towards the validity of grounds on which President’s Rule should be invoked. Many subsequent cases have only strengthened the principles established in Bommai, leading to a more cautious application of Article 356. The risk that any ruling could be overturned, and a new judicial intervention, has deterred the central government.
Legal Reforms and Guidelines
The central government was forced to issue clarification on the procedure for invoking Article 356 in the wake of the Bommai verdict. Under the new guidelines, the Governor must now report to the President in detail the situation and provide evidence of government failure. These processes have improved transparency and enhanced the legal structure applied to the action of Article 356.
Political Factors
Multi-Party Coalition Governments
Since the mid-1990s, the bjp only controls a portion of the government, the rest under the control of a coalition of other parties. These coalitions are more heterogeneous and less centralized than single-party governments. Since they need the support of regional parties, they do use Article 356 (clamp down on states) with caution. Antagonising coalition partners makes trouble and so the centre is loath to impose President’s Rule.
The Politics of State autonomy and Regional Hegemony
I have access to data until October 2023. States can be more proactive in asserting their rights under the Constitution, very often galvanizing public and political support against the imposition of President’s Rule. This assertiveness makes it political risky for the central government to use Article 356 without strong justification.
Public and Media Watchfulness
A key function of the media is to hold the central government accountable. The media has audited the implementation of individuals leaving the measures under Article 356. Negative media coverage and public outpouring has given the central government reason to hesitate to invoke President’s Rule.
Consequences And Effects Of Political Actors
Because implementing President’s Rule could make political fallout – e.g., a loss of voter trust, and credibility. In a democracy, such actions could hurt the central government in the elections. Moreover, political parties are cognizant of these adverse impacts and thus, frequently pursue alternative approaches to remedy governance challenges.
Shifts in the Political Scene
India’s political landscape has been transformed since the mid-1990s. The decline of single-party dominance and the rise of regional and caste-based politics have made it far harder for the central government to justify recourse to President’s Rule. The Lok Sabha and the Rajya Sabha comprise of diverse political interests who would not let the central government take such an action easily.
Conclusion
There have been both legal and political reasons, which has led to a decline in the application of Article 356 since the mid-1990s. Separated by law, S. R. Bommai v. Union of India and closer court scrutiny have made the central government more accountable, and the process more transparent. On the political front, the emergence of coalition governments and increasing state autonomy have made the application of President’s Rule more cautious. Public and media scrutiny also forces the government to proceed carefully. These developments have made for a more robust democracy with a better balance of power between the central government and the states.
See lessGovernance
The RPwD Act or the Rights of Persons with Disabilities Act, 2016, is an important law of India aimed at the safety, rights and dignity of persons with disabilities. It superseded the 1995 legislation, marking a significant step forward in legal advocacy for disability rights. While the act detailsRead more
The RPwD Act or the Rights of Persons with Disabilities Act, 2016, is an important law of India aimed at the safety, rights and dignity of persons with disabilities. It superseded the 1995 legislation, marking a significant step forward in legal advocacy for disability rights. While the act details the provisions the government should include in its planning, it remains a largely legal document that few outside the government are aware of.
Goals of the RPwD Act, 2016
The Act was enacted to comply with India’s obligations to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It is about being treated with dignity, equality and inclusion for people with disabilities. Key aspects of the act are:
Expanded Definition of Disability: The act broadens the definition of what constitutes a disability, covering more types of conditions, including certain learning disabilities, mental illnesses and chronic neurological disorders.
Prohibition against Discriminatory Practices: They cannot discriminate against people with disabilities in education, employment, and access to public services.
Equal Opportunities in All Aspects: The law obliges instituting job quotas in the public sector with special measures for education and training.
Strengthening Accessibility: It mandates both government and private organizations to provide accessible infrastructure, transportation, and communication.
Setting up monitoring and remedy frameworks: The act provides for the appointment of Central Disability Commissioner and State Disability Commissioners, creates mechanisms to redress complaints and punishes infractions.
The Importance of Awareness
A well-intentioned piece of legislation like the RPwD Act, 2016 is grounded in giving people with disabilities the chance to lead their life with dignity, but how far that has been translated depends on different stakeholders who are intrinsically connected to it. This is why awareness is so important:
Understanding the Law: Government workers, educators, employers and citizens must fully understand the law. They must understand the rights of people with disabilities, which parties owe them obligations and how the law is enforced and problems addressed.
Changing Perspectives: Perspective change in how we perception towards disability is a slow process. Raising awareness about both neurodiversity and accepted the nature of differences promotes the collapse of stereotypes, diminishes stigma, and create acceptance.
Training Staff Government employees need to be trained how to apply the law consistently. They must understand the needs of different disabilities, and create policies and programs that are inclusive.
Community Knowledge: People — particularly in areas with more disabilities — need to know their rights and where to get help. This knowledge enables them to self-advocate and seek help.
Collaborating: Awareness helps government, NGOs, and businesses to cooperate to support people with disabilities, exchanging best practices, resources, and skills.
Current Challenges
There are, however, several challenges to implementing the RPwD Act, 2016:
Awareness Deficiency: The act and its provisions are unknown to many of the government officials, educators, and employers leading to frequent violations and poor implementation of the act.
Lack of Training: Training for all government workers is short. Officials also may not know how to implement the act properly or know how to best support individuals with disabilities without proper training.
Stigma and Discrimination: Societal attitudes toward disability are major barriers. Despite legal protections, direct or indirect discrimination and stigma can underwrite barriers to the enjoyment of rights for persons with disabilities.
Shortage of Resources: There is a lack of financial and human resources available for implementation of the act Most organizations lack the resources or staff to develop inclusive infrastructure or provide specialized training.
Fragile Monitoring and Enforcement: There is no strong oversight机制。 Nothing guarantees that the act’s provisions will be enforced uniformly in different regions and in different industries, without robust supervision.
Methods to Enhance Awareness
With this in mind, the following strategies can help educate government employees and members of the public to address these issues:
Also Read: Integrated Training Sessions: Initiate in-depth training of government officials, teachers, employers and healthcare providers regularly. Such programs should also clarify legal requirements, disseminate best practices, and underscore the importance of being inclusive.
Public Awareness Campaigns: Implement mass media, community outreach, and educational initiatives to raise awareness of the rights of people with disabilities. Develop these campaigns for target audiences and highlight best practices and success stories.
School Curriculums: Include disability in school curriculums for education and inclusion at a young age This includes education about diverse disabilities, the rights of people with disabilities, and a need for accessibility.
Collaboration with Civil Society: Recognizing that the immediate stakeholders of the SDGs are NGOs, disability rights groups and advocacy organizations, and work with them to create awareness. They need their insights and first-hand experience to develop more effective policies and programs.
Strengthening legal and administrative structures: Better empower the Central and State Disability Commissioners and other legal institutions so that every law enacted has force and that grievances can be resolved expeditiously.
Policy: Institute omnibus public policy targeting inclusion of disability rights in all government programs. Make infrastructure projects, healthcare services, and social programs available to all.
Final Thoughts
The enactment of the Rights of Persons with Disabilities Act, 2016 is a milestone within the records of incapacity rights within the Indian subcontinent. But working together is key to making an impact. Education and training on disability rights for people within government as well as members of the public. Implementing awareness programs and integrating these rights into every social fabric are crucial. Not just a law that looks good on paper, but moves on to change the lives of all those with disabilities.
See less