In states where bicameral legislatures exist, the relationship between the two houses the State Legislative Assembly (Vidhan Sabha) and the State Legislative Council (Vidhan Parishad) is guided by constitutional principles and rules of procedure. The relationship between these two houses is similar to that between the Lok Sabha and Rajya Sabha at the national level.
1. Composition and Election:
- Members of the Legislative Assembly (MLAs) are directly elected by the people, while Members of the Legislative Council (MLCs) are elected by different constituencies, including graduates, teachers, local authorities, and nominated members.
2. Functional Distinctions:
- The Legislative Assembly is the principal legislative body with greater powers, especially concerning financial matters. The Legislative Council, while also involved in legislation, may have a more advisory role and limited powers concerning money bills.
3. Initiation of Money Bills:
- Money bills, which exclusively deal with taxation and expenditure, can only be introduced in the Legislative Assembly. The Legislative Council can only make recommendations on such bills, and it cannot indefinitely delay their passage.
4. Voting Powers:
- Both houses have voting powers on most matters. However, in case of a disagreement on a non-money bill, the Legislative Assembly’s decision prevails.
5. Joint Sitting:
- In case of a deadlock on ordinary bills (excluding money bills), the Governor may call for a joint sitting of both houses to resolve the matter. The decision is taken by a majority of the total number of members present and voting.
6. Legislative Council’s Role:
- The Legislative Council reviews legislation and provides an additional layer of scrutiny. It may offer suggestions and amendments but cannot indefinitely block a legislative proposal.
7. Committees:
- Joint committees may be formed with members from both houses to examine specific issues or legislation. These committees play a crucial role in fostering cooperation and consensus.
8. Term and Continuity:
- The Legislative Assembly has a term of five years, while the Legislative Council is a continuous body with one-third of its members retiring every two years. This ensures continuity in the Legislative Council.
9. Expertise and Specialization:
- The Legislative Council may provide a forum for individuals with expertise in specific fields, as nominated members. This enhances the specialized knowledge available for legislative discussions.
10. Representation:
While the Legislative Assembly is directly representative of the people, the Legislative Council provides representation to various constituencies such as graduates, teachers, local authorities, and nominated members.
11. Advisory Role:
The Legislative Council may serve an advisory role, offering insights and recommendations without having the same powers as the Legislative Assembly.
12. Harmonious Functioning:
The constitutional framework aims for the harmonious functioning of both houses, with each playing a distinctive yet complementary role in the legislative process.
13. Governor’s Role:
The Governor, as the constitutional head of the state, plays a crucial role in facilitating cooperation between the two houses and in cases of disputes.
14. Role in Constitutional Amendments:
Both houses participate in the process of constitutional amendments. Certain amendments require the approval of a majority of states, including their legislative councils.
15. Representation of Different Interests:
The Legislative Council may provide representation to different interests and groups, contributing to a more comprehensive legislative process.
16. Election and Selection of Members:
While members of the Legislative Assembly are directly elected, members of the Legislative Council are elected or selected through various constituencies and nomination processes.
The relationship between the two houses aims to strike a balance between direct representation and specialized knowledge, providing a comprehensive legislative process. The Constitution and rules of procedure delineate their respective powers, and the system emphasizes cooperation, coordination, and the effective functioning of both houses for the welfare of the state.