Difference Between Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad)

Edited by Diffzy | Updated on: July 03, 2023

       

Difference Between Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad)

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Introduction

The bicameral legislature exists in India on both the national and state levels. The governor, legislative assembly, and legislative council make up the bicameral government in each state. Only five states have it, whilst the remaining 23 states have a unicameral legislature made up of the Governor and the Legislative Assembly.

Legislative Assembly (Vidhan Sabha) vs Legislative Council (Vidhan Parishad)

The lower house of the legislature, known as the Legislative Assembly or Vidhan Sabha, has the same authority and responsibilities as the Lok Sabha when it is acting at the national level. The upper chamber of the legislature, which is comparable to the Rajya Sabha of the Parliament, is represented by the Vidhan Parishad, or Legislative Council, on the other extreme.

Difference Between Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad) in Tabular Form

Parameters of Comparison Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad)
DefinitionThe Legislative Assembly is the State's lower house of government, and since its members are chosen by popular vote, they speak for the state's residents.The upper house of Indian States, the Legislative Council, is composed of members who are both elected and nominated to serve in the bicameral legislature.
BodyTemporaryPermanent
ElectionDirect electionIndirect election
Members There can be up to 500 members, and there must be at least 60.One-third of the Vidhan Sabha's total members, but not fewer than 40.
Minimun age for Membership25 Years30 Years
Presiding OfficerSpeakerChairman

What is Legislative Assembly (Vidhan Sabha)?

Vidhan Sabha is the legislative body of India's states and union territories. It is also known as Sasana Sabha or State Legislative body. The unicameral state legislature is the only legislative body in India's three union territories and 28 states. The lower house is the other 6 states with a bicameral legislature. There are no legislative bodies in the five Indian Union territories governed by the Union Government of India. MLAs are members of the legislative assembly, also known as the Vidhan Sabha. For a five-year term, MLAs are chosen.

As per Indian Constitution, a State Legislative Assembly must have a minimum of 60 members and a maximum of 500 members. However, if the Parliament has granted a state an act, it can only have fewer than 60 members. Goa, Mizoram, Puducherry (a union territory), and Sikkim, for example, have fewer than 60 Vidhan Sabha members.

The Governor of the state either proposes candidates for the Council or indirectly elects them.

As for the math: The Legislative Assembly chooses one-third of this House's members. A municipality or other local authority may elect one-third of the members. Graduates elect one-fourth of the members. Teachers elect one-fourth of the members. The Governor recommends about one-sixth of the members. The legislative Council chooses its Chairman, who serves as both Deputy Chairman and presiding officer, from among its members.

Indian citizen at least 30 years old; unable to serve in both the State assembly and the Parliament at the same time.

The Legislative Council only has a small amount of authority under the Indian Constitution. A government cannot be made or broken by it. It is unable to reject Finance Bills. There are certain benefits, though: The Chairman and Deputy Chairman of the Council are state-designated Cabinet Ministers.

It is significant for two reasons:

  1. It can guarantee that people who might not be good at voting can nevertheless participate in the legislative process (such as artists, scientists, etc.).
  2. It can monitor the Legislative Assembly's hasty decisions.

Legislative Council can be dissolved even though it is a permanent House like the Rajya Sabha. According to Article 169 of the Indian constitution, if the state's Legislative Assembly passes a resolution to that effect by a special majority, Parliament may establish or dissolve the Council in that state. The Vidhan Parishad of Andhra Pradesh was abolished by Parliament in 1985, but it was restored in March 2007.

The Governor can dissolve the Vidhan Sabha in an emergency if the Chief Minister requests it or if a motion of no confidence is passed in opposition to the coalition or the major ruling party.

The following are the main qualifications to run for election as an MLA, or a member of the State Legislative Assembly:

  • A person should not simultaneously occupy the positions of Member of Parliament and Vidhan Parishad.
  • It should be underlined that the person contesting is not now the focus of any criminal inquiries or actions.

The popular chamber of the State Legislature that represents the citizens of the State is the Legislative Assembly, sometimes referred to as Vidhan Sabha. According to the basis of the universal adult franchise, members of the Legislative Assembly (MLA) are chosen by the general public directly through elections by adults who exercise their right to vote. The State is divided into a number of constituencies during elections, and one member is chosen from each constituency.

The State Assembly's total membership cannot be fewer than 60 or greater than 500. The center has set a lower number of members for tiny states, nonetheless. When the Anglo-Indian Community is not adequately represented in the State Legislative Assembly, the Governor nominates one member from that community. Additionally, some seats are set aside for SC and ST.

It is a temporary organization that runs for another five years. But before the term ends, the Governor may dissolve it after speaking with the Chief Minister.

What is Legislative Council (Vidhan Parishad)?

The major higher chamber of the states that are an element of the bicameral state legislature is known as Vidhan Parishad, additionally referred to as Sasana Mandali or State Legislative Council. In these states, the Vidhan Sabha, or State Legislative Assembly is the lower chamber. The Indian Constitution's Article 169 defines the creation of the Vidhan Parishad. Following the bicameral state legislature, six states will have Vidhan Parishads in the year 2022. Telangana, Uttar Pradesh,  Bihar, Andhra Pradesh, Maharashtra, and Karnataka are among these states.

The Governor of the state either proposes candidates for the Council or indirectly elects them.

As for the math: The Legislative Assembly chooses one-third of this House's members. A municipality or other local authority may elect one-third of the members. Graduates elect one-fourth of the members. Teachers elect one-fourth of the members. The Governor recommends about one-sixth of the members. The Legislative Council chooses its Chairman, who serves as both Deputy Chairman and presiding officer, from among its members.

Indian citizen at least 30 years old; unable to serve in both the State Assembly and the Parliament at the same time. As Rajya Sabha functions at the federal level, the Legislative Council, also known as Vidhan Parishad, is the permanent body that operates at the state level. The State Legislative Assembly then approaches the Parliament to set up or disband the Council. The Parishad must have at least 40 members, although its membership cannot be less than one-third that of the Vidhan Sabha.

Position and Education

The following requirements must be met by someone who wishes to join the Vidhan Parishad, popularly known as the MLC (Member of State Legislative Council):

  • A person must be an Indian national.
  • Must be older than 30 years.
  • Should not be bankrupt.
  • Needs to be in good mental health.
  • They ought to be included on the state's voter registration list.
  • Should not serve in both the Vidhan Sabha and the Parliament at the same time.

As Rajya Sabha functions at the federal level, the Legislative Council, also known as Vidhan Parishad, is the permanent body that operates at the state level.

The Council is established or disbanded when the State's Legislative Assembly approves a resolution with a two-thirds vote of the members present and voting in the State Assembly, and then requests the Parliament to establish or disband the Council.

The number of members in the Parishad shall not exceed one-third of those in the Vidhan Sabha, but there should be a minimum of 40 members. The members' terms are for six years. Three-quarters of its members retire every two years.

Features

The Legislative Council's three primary responsibilities are to enact laws, approve public spending, and oversee governmental operations.

The Indian Constitution places restrictions on the Legislative Council's authority. It cannot establish or overthrow regimes. It cannot reject Finance Bills. Nevertheless, there are some benefits: The State's Cabinet Ministers are the Chairman and Deputy Chairman of the Council.

It is crucial because it enables those who might not be elected to participate in the legislative process and because it enables those who might not be elected to contribute to the parliamentary process (such as artists, scientists, etc.). b) It can keep an eye on the hasty decisions made by the Legislative Assembly.

Members of the council may ask the government questions about its operations at council meetings, either to obtain information or request official action on a specific issue. Members may discuss motions that have no legislative effect to voice their opinions on matters of public interest or to request the governor to take certain steps in order to keep an eye on how the administration is operating.

The legislative council has the only authority to enact legislation on the 66 topics stated in the state list for the state and the 47 topics mentioned in the concurrent list.

Importance

  • A second house of the legislature is regarded as necessary to act as a check on hasty decisions made by the popularly elected House. The laws passed by one house would be closely examined by the other if there were two chambers. Therefore, the final legislation passed would be carefully examined and extensively discussed.
  • Prevent autocracy: It is suggested that the second house restrained the lower chambers' propensity towards despotism. Giving a publicly elected House sole control over legislation could be detrimental to the state's citizens because it could lead to arbitrary legislation.
  • Talent Accommodation: Older, wiser, and sober people find it difficult to endure the rigors of campaigning for office or engaging in savage party politics. The quotas set aside for teachers and graduates as well as the nominated quota help the legislative councils make room for these people.
  • Reduce legislative assembly workload: A unicameral legislature cannot handle the workload and commit itself fully to the laws put before it for enactment since the legislative assemblies are typically overburdened with work as a result of the modern welfare state's rapidly expanding activities. The lower House's workload is lessened by the legislative council, which also frees up the assembly to completely focus on initiatives of higher significance.

Main Differences Between Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad) in Points

Regarding the distinction between the legislative assembly and legislative council, the following details are crucial:

  • The Legislative Assembly, also known as the Vidhan Sabha, is the State's lower house of the legislature, whose members are chosen directly to serve as the people's representatives. The bicameral legislature is represented by the Legislative Council, which is the State's upper chamber.
  • The Legislative Assembly is a transient assembly that exists for only five years before being disbanded. The Legislative Council, on the other hand, is a permanent house that is never dissolved. It can only be eliminated if both Parliament and the State Assembly pass a resolution to that effect.
  • The members of the Legislative Council are elected indirectly using the proportional representation system, whilst the members of the Legislative Assembly are directly elected through the First Past the Post system.
  • The Vidhan Sabha has a maximum membership of 500 and a minimum membership of 60. On the other hand, smaller states may have fewer representatives. On the other hand, the Vidhan Parishad cannot contain more than one-third of the Vidhan Sabha's entire membership. The Council must also have at least 40 members in order to function.
  • A person must be at least 25 years old to join the Legislative Assembly. Members of the Legislative Council, however, must be at least 30 years old.

The Legislative Council of the State may be established by or abolished by the Indian Parliament. The Parishad's members are also indirectly elected using the proportional representation technique, with the partially elected members being selected through nominations.

References

  • https://www.business-standard.com/about/what-is-legislative-council/
  • https://www.business-standard.com/about/what-is-legislative-council

Category

Law


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"Difference Between Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad)." Diffzy.com, 2024. Sat. 13 Jul. 2024. <https://www.diffzy.com/article/difference-between-legislative-assembly-vidhan-sabha-and-legislative-council-vidhan-parishad>.



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