STATE LEGISLATURE

SUBMITTED BY: SUBMITTED TO:

NAVRAJ SINGH DR. SHRUTI BEDI

ROLL NO. :203/19

SECTION-D

BCOM.LL.B.
 ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my
teacher Dr. Shruti Bedi, who gave me the golden opportunity to
do this wonderful project on State Legislature, who also helped
me in completing my project. I came to know about a lot of new
things I am really thankful to them. Secondly I would also like
thank my friends who helped me a lot in finalizing this project
within the limited time frame.

Navraj Singh
B.COM-LLB
 CERTIFICATE

I Navraj Singh, student of Section D of BCOM-LLB

hereby certify that the project was undertaken by me. The
original and genuine investigation has been carried out to
investigate about the subject matter and related data
collection and investigation is completely solely.
 INDEX
SRO. INDEX PAGE NO.

1. Introduction 1
2. Admission and establishment of new 2-3
state Article 2
3. Formation of new states and 4-8
alteration of areas,boundries and name
of existing state Article 3
4. Article 4 9-10
5. Assesion of Indian states to domiain of 11
india
6. Dhar commission 12
7. JVP Committee 12-14
8. Fazil ali Commission 14-15
9. The state reorganization act, 1956 16-18
10. References 19

TABLE OF CASES
1. Berubari Union and Exchange of Enclave v.
Unknown
2. Mangal singh v. Union of India
3. Mullaperiyar Environment Protection Forum v.
Union of India
4. Ram Kishore Sen v. Union of India
5. State of west bengal V. Union of India
 INTRODUCTION
The Constitution of India is regarded as one of the lengthiest written
constitutions in the whole world. Our Constitution gives us a federal
structure where the powers between the Central Government and the
State Government are divided. Most of us know about the working of
the Central Legislature and the powers related to the Central Legislature.
Part VI of the Constitution deals with the State Legislature. In this
article, we will discuss this part of the Indian Constitution in detail. Here
we will discuss the unicameral and bicameral legislature. The creation
and abolition of these Houses of the State Legislature. The qualification
of a person to be a member of the State Legislature. Ultimately, we will
discuss Articles 168 to 212 of the Indian Constitution. It is quite
complex to understand the working and procedure of work in State
Legislature but after going through the Constitution of India it becomes
easier for one to understand it. 

1
Bicameral and Unicameral Legislature:

Before discussing what is a bicameral and unicameral legislature, let us

first discuss what is the legislature. The legislature is the law-making
body of the State. It is first among the three organs of the state. It can
make laws as well as administers the government. As mentioned
in Article 168 of the Indian Constitution, a state can have a unicameral
legislature (It should be Legislative Assembly) as well as a bicameral
legislature (Legislative Council and Legislative Assembly). According
to Article 168 of the Indian Constitution, there shall be legislature in
every State and it shall consist of the Governor. 

Unicameral Legislature:

Unicameral legislature refers to having only one legislative chamber

which performs all the functions like enacting laws, passing a budget,
and discussing matters of national and international importance. It is
predominant in the world as most countries have a unicameral
legislature. It is an effective form of the legislature as the law-making
process becomes easier and reduces the possibility of obstacle in
lawmaking process. Another advantage is that it is economically feasible
to maintain a single chamber of the legislature. It is the most prevailing
system in India as most of the States of India have a unicameral

2
legislature. The members of the unicameral legislature (Legislative
Assembly) elected directly by the citizens of the State.

Bicameral Legislature:

By bicameral legislature, we refer to the State having two separate law-

making Houses to perform the functions like passing the budget and
enacting laws. India has a bicameral legislature at the Centre level while
the State can make the bicameral legislature. In India, only 7 States have
a bicameral legislature. It may be seen that a bicameral legislature may
not be as effective as a unicameral legislature. However, it works as a
barricade in some cases as it somehow makes the law-making process
more complex.

3
Abolition or Creation of Legislative Councils:

In our country, the Legislative Council (also known as Vidhan Parishad)

is the Upper House of a bicameral legislature. The creation of which is
given in Article 169 of the Indian Constitution and can also be abolished
according to Article 169 of the Constitution.

Article 168 mentions about the Legislative Council in some of the States

of our country. There is no rule of having a bicameral legislature in the
State of India. It is because our Constitution framers knew that it will not
be possible for every State to have a bicameral legislature ( due to
financial or any other reason).   

Article 169 talks about the creation or abolition of the Legislative

Council. For the creation or abolition of the Legislative Council, the
Legislative Assembly must pass a resolution that must be supported by
more than 50% of the total strength of the assembly. It must be
supported by more than 2/3rd of the total members present in voting.
Therefore it talks about the absolute and special majority. The resolution
to create or to abolish the Legislative Council needs the assent of the
President as well.

4
Composition of the Houses:

Article 170 of the Indian Constitution talks about the configuration of

the Legislative Assemblies. This Article simply put emphasis on what
will be the structure of the Legislative Assemblies in the state. On the
other hand, the configuration of the Legislative Council is given
in Article 171 of the Indian Constitution. 

Legislative Assembly (Vidhan Sabha):

According to Article 170, there should be a Legislative Assembly in

every State of India. However, these assemblies should be according to
the provisions of Article 333 of the Indian Constitution. The Legislative
Assembly of state can have at most 500 constituencies and at least 60
constituencies. These constituencies would be represented by the
members who would be selected through the process of direct election.
However, the division of territorial constituencies would be determined
in such a manner that it becomes dependent on the population of that
constituency. Here by the term “ population” we mean population which
has been published in the precedent census. The composition of the
Legislative Assembly in any state can change according to the change in
the population of that state. It is determined by the census of population.
However, there are several exceptions to the composition of the

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Legislative Assembly. Let’s take the example of Mizoram, Sikkim, and
Goa which has less than 60 constituencies.      

The tenure or duration of the Legislative Assembly is mentioned

in Article 172 of the Indian Constitution. The Legislative Assembly
should work for a time period of five years. Its tenure starts from the day
of its first meeting. However, it can be dissolved earlier by the special
procedure established by the law. However, there can be an extension in
the tenure of the Legislative Assembly. This can be done during the
National Emergency. During the period of the National Emergency, the
Parliament can extend the tenure of the Legislative Assembly for a
period of maximum one year. Also, this extension should not be more
than six months after the proclamation has ceased to operate.

Legislative Council (Vidhan Parishad):

The composition of the Legislative Council is given in Article 171 of the

Indian Constitution. The total members in the Legislative Council
should not exceed one-third of the total members in the state Legislative
Assembly. There is another criteria for the composition of the
Legislative Council. The member in the Legislative Council should not
be less than 40 in any case. There is an exception in the composition of
Vidhan Parishad. The Legislative Council of Jammu and Kashmir has

6
only 36 Member in Legislative Council, unlike the other Legislative
Council. 

The composition of the Legislative Council can be further divided in the

following way:

 One-third of the members of the Legislative Council should be

elected from the district boards, municipalities and other local
authorities which is specified by the Parliament according to
law. 
 One-twelfth of its members shall be elected from the person who
has been residing in the same state for the time period of at least
three years and graduated from the university which is in the
territory of India.
 One- twelfth of its total member should be elected from the
person who is engaged in the teaching profession for at least
three years in the educational institution of the state itself.
 One third should be elected by Legislative Assemblies and none
of them should be a member of the Legislative Assembly.
 The remainder of the members should be nominated by the
Governor according to the established law.

7
Qualifications of Membership:

 The qualification of membership is given in Article 173 of the Indian

Constitution. For the membership or for filling a seat in the legislature of
the State, a person must be a citizen of India. A person will not be
granted membership if he/ she is not a citizen of that country. Also, the
qualification of the membership is somewhat similar to the qualification
to the membership of the center legislature. The member of the
Legislative Assembly should be more than 25 years. For being a
member of the Legislative Council one should be more than 30 years.
Also, a necessary condition for being a member of legislatures includes
that he/she must be a voter from any of the constituencies of the state.

Disqualifications of Membership:

After being elected/ nominated as a member of the legislature, one can

not be a permanent member of the legislature. There are certain reasons
mentioned in the Constitution by which a person may be disqualified
from his/her membership to the Legislature. Article 191 talks about the
disqualification of the members of the Legislature.

Disqualification of MLA/ MLC can be made on the following grounds:

1. If one holds the office of profit under the state or central

government. 
8
 2. If one is of unsound mind and is declared so by the competent
court.
3. If one is an undischarged insolvent.
4. If one is not a citizen of the country anymore or when he/ she
voluntarily took the citizenship of another country.
5. If one is disqualified by the law of the Parliament. Example-
Anti defection law.

Decisions on disqualifications:

Article 192 of the Indian Constitution talks about the decision on the
disqualification of a member of the state legislature. If any question
arises about the disqualification of a member of the House of the
legislature on any ground mentioned in Article 191 in the Indian
Constitution, then Article 192 comes into play. Article 192 mentions that
in such cases the decision about disqualification would be determined by
the Governor of that state and his/ her decision would be final. However,
the Governor needs to consult the Election Commission for the same and
he/she needs to act accordingly. Here, grounds of disqualification would
be the same as mentioned in Article 191.

9
Sessions of the State Legislature:

 Article 174 of the Indian Constitution gives the power to the Governor
to summon these Houses of the State Legislature. He/ She can summon
these bodies to meet at places and at such times which he/ she thinks fit
or appropriate. But a necessary condition should be kept in mind is that
the time period between the two sessions of these Houses should not
exceed six months. Also as mentioned in Article 174 of the Indian
Constitution, the Governor has the power to prorogue either House and
to dissolve the Legislative Assembly.

Speaker and Deputy Speaker:

According to Article 178 , there should be a Speaker and Deputy

Speaker should be chosen from the Legislative Assembly. In this, it is
also mentioned that the condition where if the office of Speaker and
Deputy Speaker becomes vacant then it becomes the duty of the
Legislative Assembly to choose the new Speaker and Deputy Speaker
respectively.

Powers and Functions of Speaker:

Article 178 gives the power to Speaker to preside over the sessions of

the Legislative Assembly of the state. Similar powers are given to the

10
Speaker of the Lok Sabha, as mentioned in Article 93 of the Indian
Constitution. The power and position of an Indian Speaker are quite
similar to the Speaker of the House of Commons in England.

The most important function of the Speaker is to preside over the

sessions of the Legislative Assembly and also to maintain discipline and
order in the assembly. Within the assembly, the Speaker is the master.
He has the power to decide whether the Bill is a Money Bill or not. Also,
the decision of Speaker cannot be challenged in a court of law. Money
Bills are sent to the Legislative Council with the approval of the
Speaker. The salary of Speaker is given from the Consolidated Fund of
State.

The other functions/ powers of the Speaker are as follows:

 He/she does not participate in the debate of the assembly.

 Only votes when there is a condition of a tiebreak.
 He/She sees whether there is a necessary quorum.
 He has the power to adjourn or suspend the sitting of the
Legislative Assembly when there is not a necessary quorum and
also to maintain the discipline of House.
 He/She has the power to suspend or to expel the member for his/
her unruly behaviour.  

11
Chairman and Deputy Chairman of the Legislative Council:

The working of the Legislative Council is quite complex. The process of

membership, the appointment of its head and the power of the
Legislative Council is also quite difficult to understand. According
to Article 182 of the Indian Constitution, the Legislative Council must
choose its two members as Chairman and Deputy Chairman. It also
mentions that the Legislative Council must choose the Chairman and
Deputy Chairman of the Legislative Council as soon as their office
becomes vacant.

The offices of Chairman and Deputy Chairman becomes vacant very

often. However, the reason for their removal/ resignation is mentioned
in Article 183 of the constitution. The reasons are as follows:

1. Should not hold their post if they are not a member of the
Legislative Council.
2. By sending the written resignation letter to each other.
3. They can be removed by passing a resolution in the Council.
However, there should be a majority of members in support of
this resolution. An important point to be remembered while
passing a resolution that a notice of the intention of resolution
should be given before 14 days.

12
According to Article 184, if there is a vacancy in the office of Chairman
then all duties of Chairman would be performed by the Deputy
Chairman and in case if the office of Deputy Chairman is also vacant
then the duties of Chairman would be performed by the person
appointed by the Governor.

 Article 185 , puts certain restrictions on Chairman or Vice-Chairman

when their impeachment resolution is under consideration. It simply tells
that a Chairman or Vice-Chairman can not preside the Council when the
resolution for their impeachment is under consideration. Here in this
condition, Article 184 will be applied. Also, it is given in Article 185
that when such resolution is under consideration then the Chairman has
all the right to attend the proceedings of the Legislative Council and
he/she will have all the right to speak during such proceedings. Here, the
Chairman has the right to vote in the first instance of the proceedings but
he/she will not be able to vote in the condition of equality of votes.

13
Legislative Procedure: Article 196

The main purpose of Legislature is to make laws, pass a bill etc. To

understand the working of Legislature or Legislative Procedure let us
first discuss the term “Bill”. By Bill, we mean a draft of the legislative
proposal. This bill after getting assent from both the Houses of
Legislature becomes an Act after getting assent from the
Governor. Article 196 of the Indian Constitution tells us about the
provisions of the introduction and passing of the Bill. Except for the
Money Bill and the Financial Bill ( procedure of passage of these bills
are given in Article 198 and 207), the other bills can be introduced in
either Houses of the legislature. Any bill is said to be passed only when
it got assent from both the Houses of the legislature. Here both the
Houses should agree on the amendment made to the bill. A bill would
not lapse when it is pending in the House and there is the prorogation of
that House. A bill pending in the Legislative Council of any state which
is not passed by the Legislative Assembly shall not lapse even on the
dissolution of the Legislative Assembly. Also, there is a condition
mentioned in Article 196 which states that if there is a bill pending in the
assembly and at that time the assembly dissolute, then the bill will also
lapse ultimately. The bill will also lapse if it is passed by the assembly
and is pending by the Council.

14
Ordinary Bills:

The provision or the procedure related to Ordinary Bill is discussed

in Article 196 of the Indian Constitution. The main purpose of the State
Legislature is law-making as already being discussed in this article
earlier. The legislature can make laws on State List as well as on
Concurrent List. Ordinary Bill can be introduced in either of the Houses.
The process given in Article 196 is applied here and once it gets the sign
from the Governor it becomes law. The Governor has the power to issue
ordinance when there is a need of any law and the legislature is not in
session.   

Money Bills:

A Money Bill is a bill that is concerned with government spending or

taxation. The procedure to pass a Money Bill is quite different from the
Ordinary Bill. Its procedure is given in Article 198 of the Indian
Constitution. According to this Article of the Constitution of India, the
Money Bill can only be introduced in the Lower House i.e. in
Legislative Assembly. After the Money Bill is passed by the Legislative
Assembly and in that state, then this bill would be forwarded to the
Legislative Council for its recommendations. The same bill should be
returned to the assembly within fourteen days from the date of receiving
the bills. The assembly can either accept the recommendation or can

15
deny any recommendations according to the discretion of the assembly.
The same bill is then again sent to the Council and the Council has a
time period of fourteen days to pass the bill. In case the Legislative
Council fails to do so, then it is deemed to be passed by both the
Houses.       

Assent to Bills: Article 200

As mentioned in Article 200, the bill after getting assent of both Houses
and is then sent to Governor. It then comes under the discretion of the
Governor whether to give assent or withhold his assent. He/she can also
reserve assent for the consideration of the President.

Here the Governor has to return this bill to the State Legislature as soon
as possible with the message of recommendation. Here again, these
recommendations can be either accepted or rejected by the legislature
and once again this bill is again sent to the Governor for his
confirmation. Now he has only two options left with him, he can either
give assent to this bill or can reserve it for further consideration from the
President. 

16
Bills reserved for President’s consideration: Article 201

The bill which is reserved for the consideration of the President should
have reasonable grounds for being reserved. Any bill can be reserved by
the Governor which he/ she thinks is against the law. The further
procedure of this Bill is given in Article 201 of the Indian Constitution.
The Bill which is reserved for the President for his/her consideration
should either be given assent by him/her. The President can also
withhold his/her assent. The President then directs the Governor to
return the bill to the House/Houses of Legislature with a message which
was sent earlier by the Governor (according to Article 200 of the
constitution). This bill should be reconsidered by the State Legislature
within a period of six months. And again if the bill is passed by both
Houses, then it is again presented before the President for its
consideration.

An example of the contradiction to this Article came in the case of K.P.

Kochanujan Thirumulpad vs State Of Kerala where a petition was
filed and a question was asked on the legality of a bill which was passed
before any direction came from the President during the period of
reconsideration. Here the petition was rejected and it was held that there
are certain restrictions/ grounds on which Article 201 does not apply.   

17
Language to be used in the Legislation: Article 210

All the proceedings in the State Legislature like the law-making process
should be in the official language or in the language of the state or in
Hindi or in English. It is given in Article 210 of the Indian Constitution.
Here, under the special circumstances the Chairman or Deputy
Chairman may allow the member to use other languages (who cannot
express himself/herself in any of the languages as mentioned above in
this article). Here, the role of language which is to be used in the
legislation becomes very vital. However, there is a provision that
determines that if the State Legislature does not make any law for using
the English language even after fifteen years, then the word English
from Article 210 will get eliminated by itself.    

18
Procedure in Financial Matters: Articles 202 to 207

The State Legislature of every state follows a special procedure in the

matters related to finance. These procedures are given in Article 202 to
Article 207 of the Indian Constitution. The procedure which is
mentioned in these articles are as follows: 

1. Article 202 (Annual Financial Statement): It is the duty of the

Governor to lay down the estimated receipts and expenditure of
the State for that year. It is known as the Annual Financial
Statement.
2. Article 203 (Procedure in the legislature related to estimates):
The estimates that relate to expenditure from the Consolidated
Fund of a State should not be submitted to a vote of the
Legislative Assembly. But nothing mentioned here should be
construed as preventing the discussion of the Legislatures that
relates to those estimates. Demand for a grant can be made only
on the recommendation of the Governor.
3. Article 204 (Appropriation Bill): After making the grants under
Article 203, the assembly shall introduce a bill that will provide
for the appropriation out of the Consolidated Fund of the State
for the matters related to money which is granted by the
assembly.

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4. Article 205 (Supplement, Additional or excess grants): In this
Article, the Governor can allow supplement grants (when the
expenditure is more than what was estimated) and he/ she has
the power to extend the granted money for any particular
service.
5. Article 206 (Vote on Accounts, Votes of Credit or Exceptional
Credits): This Article talks about the power or authority of the
Legislative Assembly to grant in the given situation.
 In advance in respect of the estimated expenditure for a
part of any financial year pending the completion of the
procedure given in Article 203.
 To make a grant for meeting an unexpected demand
upon the resources of the State.
 To make exceptional grants which are not a part of the
current financial year.
6. Article 207 (Special Provisions related to Financial Bills):
Financial Bill should not be introduced in the Legislative
Council and without the recommendation of the Governor.

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General Rules of Procedure:

It is important for every organ of the State to make certain rules and
regulations for its proper functioning. Similarly, there are some general
rules of procedure made for the smooth functioning of the State
Legislature. These are given from Article 208- Article 212 of the Indian
Constitution. All the provisions under these Articles are explained
below:- 

 Article 208– Houses of the State Legislature has the power to

make rules and regulations for its conduct, its procedure and the
conduct of its business.
 Article 209– Regulation by law of procedure in the Legislature
of the State in relation to financial business.
 Article 210– It talks about the language which is to be used in
the Legislature.
 Article 211– It is about the restriction of the topic on which
there will be no discussion in the Legislature.
 Article 212– This Article tells that Courts can not inquire into
proceedings of the Legislature.

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PRIVILEGES OF LEGISLATURE

Freedom of speech:
This is defined under Article 105(1) and clause (2). It gives the members
of parliament freedom of speech under clause (1)  and provides under
Article 105(2) that no member of parliament will be liable in any
proceedings before any Court for anything said or any vote given by him
in the Parliament or any committee thereof. Also, no person will be held
liable for any publication of any report, paper, votes or proceedings if
the publication is made by the parliament or any authority under it.

The same provisions are stated under Article 194, in that members of the
legislature of a state is referred instead of members of parliament.

Both the Articles, Article 19(1)(a) and Article 105 of the Constitution

talks about freedom of speech. Article 105 applies to the members of
parliament not subjected to any reasonable restriction. Article19(1)(a)
applies to citizens but are subject to reasonable restrictions.

Article 105 is an absolute privilege given to the members of the

parliament but this privilege can be used in the premises of the
parliament and not outside the parliament.

22
If any statement or anything is published outside the parliament by any
member and if that is reasonably restricted under freedom of speech then
that published article or statement will be considered as defamatory.

Dr. Jatish Chandra Ghosh v. Hari Sadhan Mukherjee And Others,

AIR 1961 SC 613:

The appellant is an elected member of the West Bengal Legislative

Assembly. The appellant had an intention to ask certain questions in the
assembly and therefore he gave the notice for the same. The questions to
be asked in the assembly were refused in compliance with the rules of
procedure for the conduct of the business in the assembly. But the
appellant published those questions he was not allowed to ask in the
assembly in a local newspaper called JANAMAT.

The first respondent, who was then functioning as a Sub-Divisional

Magistrate and because of whose conduct the matter of questions arose,
filed a complaint against the appellant and two others, the editor and the
printer and publisher of those questions.

The petition contained the fact that the appellant had made slanderous
accusations against him with an intention to be read by the members of
the public. These accusations were false and the appellant published
them, having an intention of harming the reputation of the complainant.

23
He also alleged that publishing such false questions in the journal first
requires prior permission by the government in instituting the legal
proceeding against the public servant.In this case, it was held that the
provisions of Article 194  even though disallowed by the speaker were a
part of the proceedings of the house and publication for the same will
not attract any sections of the Indian Penal Code.He will not be
prosecuted, as Article 194(1) not only gives them freedom of speech but
also give the right to ask questions and publish them in the press. 

Freedom from being arrested:

The member of parliament cannot be arrested 40 days before and 40

days after the session of the house. If in any case a member of
Parliament is arrested within this period, the concerned person should be
released in order to attend the session freely.

Right to exclude strangers from its proceedings and hold secret

sessions:

The object of including this right was to exclude any chances of

daunting or threatening any of the members. The strangers may attempt
to interrupt the sessions.

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Right to prohibit the publication of its reporters and proceedings:

The right has been granted to remove or delete any part of the
proceedings took place in the house.

Right to regulate internal proceedings:

The House has the right to regulate its own internal proceedings and also
has the right to call for the session of the Legislative assembly. But it
does not have any authority in interrupting the proceedings by directing
the speaker of the assembly.

Right to punish members or outsiders for contempt:

This right has been given to every house of the Parliament. If any of its
members or maybe non-members commit contempt or breach any of the
privileges given to him/her, the houses may punish the person.

The houses have the right to punish any person for any contempt made
against the houses in the present or in the past. 

Privileges and fundamental rights:

Part III of the Constitution contains fundamental rights wherein Article

19(1)(a) grants freedom of speech to the citizens. It is subjected to
reasonable restrictions. These restrictions are:- 

25
   Sovereignty and integrity of India should be maintained,
  Security of the states should be maintained,
  Public order should not be disturbed, 
  Decency and morality should be maintained,
  Defamation should be avoided,
  Incitement to an offence should be avoided, 
 Contempt of court should be avoided,
 Friendly relations with foreign states should be maintained.

Where on the other hand the members of parliament have been granted
powers, privileges etc. their powers or privileges are absolute unlike
fundamental rights for the citizens.

The Parliament enjoys mostly all the supreme powers while making
laws and exercise its power to the best possible extent because of the
absolute nature of its powers and privileges.

The powers of the legislators are too wide such as they decide their own
privileges, include points which can breach the laid down privileges, and
also decide the punishment for that breach.

Article 105(3) and Article 194(3) states that the parliament should from
time to time define the laws or pass the laws on the powers, privileges

26
and immunities of the members of the parliament and members of the
legislative assembly.

Gunupati Keshavram Reddy v. Nafisul Hasan and the State of U.P

AIR 1952

The U.P. Legislative Assembly issued a warrant against the Home

Minister who was arrested from his residence in Bombay on the ground
of contempt of the house. The Home Minister under Article 32 applied a
writ of Habeas Corpus on the ground that his detention under Article
22(2) violates his fundamental right.

The Supreme Court accepted the arguments and ordered his release
according to Article 22(2). He was not presented before the magistrate
within 24hrs of his arrest or detention. Not presenting him before the
magistrate resulted in the violation of his fundamental right under
Article 22(2). In this case, it was opined that Article 105 and Article 194
cannot supersede the fundamental rights.

MSM Sharma v. Sri Krishna Sinha AIR 1959 SC395

The facts of the case:-the petitioner is the editor of the English Daily
newspaper of Patna. He published a report on the proceedings of the
Bihar Legislative Assembly and the reports were said to be removed by
the speaker.

27
The editor was presented before the Legislative Assembly to give
reasons for the breach of privilege committed by him. At first, he was
held guilty for his conduct. Then, in an appeal, the editor under Article
19 (1)(a) argued that he has a right to freedom of speech. But the Court
denied all the arguments based on Article 19(1)(a) as it is a general
provision and Article 194 is a special provision. If at any time both of
these articles come under any conflict the latter will prevail over the
former. As the general provision cannot overrule the effect of the special
provision.It has also been suggested that if both Articles, Articles 19(1)
(a) and 194, are in conflict, the rule of Harmonious Construction should
be applied.

Privileges and the Courts:

Article 143 confers the power on the President to consult the Supreme

Court if at any time it appears to the President that a question of fact or a
law arises or may arise in future. Also, such questions must be of public
importance or it must be advantageous to seek the opinion of the
Supreme Court. And after such hearing, if the court thinks it relevant, it
may give its opinion to the President.

The house of parliament though have a lot of powers, privileges and

immunities but despite all these advantages it cannot act or perform
similar to a Court. The Courts are the one who interprets the laws or acts

28
passed by the parliament. For instance, if any offence is committed even
in the house of parliament the jurisdiction vests with the ordinary
Courts.

Keshava Singh v. Speaker, Legislative Assembly

Keshava Singh, who was a non-legislative member of the assembly,

printed and published a pamphlet. Because of the printing and
publishing of the pamphlet, the Speaker of the U.P. Legislative assembly
criticized him for contempt and breach of the privilege of one of the
members. On the same day, Mr Keshava being present in the house
committed another breach by his conduct. 

As a result of his conduct in the house, the speaker directed him to be

imprisoned, issued a warrant for the same and ordered his detention in
jail for 7 days. 

Under Article 226, a writ of Habeas Corpus was applied in his petition.

The petition claimed that the detention in jail is illegal and is done with
malafide intentions. The petition also stated that he was not given any
chance to explain or defend himself. The petition was heard by the 2
judges who gave them interim bail.

As a result of the decision in Keshava’s case,  the assembly passed a

new resolution. 

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In this resolution, it was laid that the 2 judges entertained the writ filed
by the petitioner and his lawyer. In its resolution, the assembly issued a
contempt notice to present the two judges and the lawyer before the
house and explain the reasons for their conduct. It also ordered that
Keshava should be taken into custody. Under this, they moved petitions
under 226 and filed a writ of mandamus before the Allahabad High
Court to set aside the resolution passed by the assembly.

It was held by the majority of the Supreme Court that the conduct of the
2 judges does not amount to contempt.

The Court further explained that if in the matters of privileges stated

under Article 194(3) then the house will be considered as the sole and
exclusive judge provided that it should be stated in that. But if any such
privilege is not mentioned in the article then it’s the Court who has to
decide upon it.

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Conclusion

In this article, we have discussed all the aspects of the State Legislature.
One of the loopholes is that it is not compulsory for the states to have
Council and it disturbs the uniformity in State Legislature of different
States.. I think there should be uniformity in the State Legislature
system. But this can sometimes be considered as the beauty of the Indian
Constitution as it gives the chance to the State Assembly to decide on
the same issue. Part VI of our Constitution has made it very clear about
the functions, way of functions and the various power given to the State
Legislature.

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References

1. http://legislative.gov.in/sites/default/files/COI-updated-as-
31072018.pdf
2. DD Basu -An introduction to the Constitution of India
3.  https://timesofindia.indiatimes.com/topic/state-legislature

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