NCERT Class 11 - Indian Constitution at Work, Chapter 5

State Legislatures and Anti-Defection

Every state has a Vidhan Sabha, the legislative assembly. Some states also have a Vidhan Parishad, the legislative council, making them bicameral. Bihar, Uttar Pradesh, Maharashtra, Karnataka, Andhra Pradesh and Telangana are among the states with a council.

Vidhan Sabha

• Members are directly elected by the people from territorial constituencies; the strength is fixed between a maximum of 500 and a minimum of 60, with special lower limits for some small states.
• The normal term is five years; it can be dissolved earlier by the Governor and extended during an emergency.
• The presiding officer is the Speaker, assisted by the Deputy Speaker.
• Minimum age for membership is 25 years.
• The Vidhan Sabha alone can pass a no-confidence motion against the state Council of Ministers, and money Bills originate only here.

Vidhan Parishad

• Its strength cannot exceed one-third of the strength of the assembly and cannot be less than 40.
• It is a permanent body like the Rajya Sabha; one-third of members retire every two years and each serves six years.
• Members come from five sources - one-third elected by members of local bodies, one-third by members of the assembly, one-twelfth by graduates, one-twelfth by teachers, and the rest nominated by the Governor for distinction in literature, science, art, cooperative movement and social service.
• Its powers are weaker than those of the Rajya Sabha. It can delay an ordinary Bill only for a limited period, and the assembly's will ultimately prevails; there is no joint sitting in the states.
• Article 169 allows Parliament to create or abolish a council if the state assembly passes a resolution by a special majority.

The anti-defection law

• Introduced by the 52nd Amendment of 1985, which added the Tenth Schedule to the Constitution.
• A member is disqualified if he voluntarily gives up membership of his party, or votes or abstains against the party whip without permission.
• A nominated member is disqualified if he joins a party more than six months after taking his seat; an independent member is disqualified if he joins any party.
• The 91st Amendment of 2003 removed the earlier exception for a split by one-third of members, so only a merger supported by two-thirds of the legislature party is now protected.
• The decision is taken by the presiding officer of the House, and the Supreme Court has held that this decision is subject to judicial review.
• The law has been criticised for weakening the independent judgement of legislators, and defended as necessary to stop the buying and selling of members.