Sessions of the State Legislature
After studying how the State Legislature is composed and who presides over it, we now see how it actually functions — when it meets, how meetings are conducted, and what rules govern its sittings.
Every functioning legislature goes through sessions — just like a school or Parliament does.
Let’s explore this step by step 👇
🕰️ Summoning of the House
- The Governor summons each House of the State Legislature from time to time.
- The maximum gap between two sessions cannot exceed six months.
→ So, the State Legislature must meet at least twice a year.
This means that if the last sitting was, say, in February, the next must be held by August at the latest.
Each session of the legislature includes several sittings (daily meetings).
💤 Adjournment
- Adjournment means suspending the work of the House for a specified period — it could be a few hours, a day, or even a week.
- The power to adjourn lies with the Presiding Officer (Speaker or Chairman).
🔹 Adjournment sine die:
- Means ending a sitting for an indefinite period, without fixing the next meeting date.
Example: If the Speaker adjourns the Assembly sine die, it means “we’ll meet again whenever called.”
📜 Prorogation
After the House is adjourned sine die, the Governor formally ends that session by issuing a notification of prorogation.
- Usually, prorogation happens a few days after adjournment sine die.
- However, the Governor can prorogue the House even while it is in session.
Difference between Adjournment and Prorogation:
| Aspect | Adjournment | Prorogation |
|---|---|---|
| Who does it | Presiding Officer | Governor |
| Effect | Suspends sitting | Ends the session |
| Duration | Temporary (hours/days) | Till next session is summoned |
🏁 Dissolution
Now, only the Legislative Assembly (Vidhan Sabha) can be dissolved —
the Legislative Council (Vidhan Parishad) is a permanent body.
- Dissolution means ending the life of the Assembly itself.
- After dissolution, a new Assembly is formed through fresh elections.
It’s a constitutional reset button for the lower house of the state.
🔹 What happens to pending Bills after Dissolution?
This is a very common UPSC question.
Let’s see the position clearly 👇
| Situation | What Happens? |
|---|---|
| 1️⃣ A Bill pending in the Assembly (originating there or received from Council) | Lapses |
| 2️⃣ A Bill passed by Assembly but pending in Council | Lapses |
| 3️⃣ A Bill pending in Council but not passed by Assembly | Does not lapse |
| 4️⃣ A Bill passed by Assembly (unicameral) or by both Houses (bicameral), pending Governor’s or President’s assent | Does not lapse |
| 5️⃣ A Bill passed by Assembly (unicameral) or both Houses (bicameral), but returned by President for reconsideration | Does not lapse |
🧠 Shortcut tip:
If the Assembly has not passed it — it lapses.
If the Assembly has passed it — it survives.
👥 Quorum
Every House needs a minimum number of members to legally transact business.
That’s called the quorum.
🔹 Constitutional rule:
Quorum = 10 members or 1/10th of the total membership (including Presiding Officer), whichever is greater.
If the quorum is not met, the Presiding Officer must either adjourn the House or suspend the sitting until the quorum is achieved.
🗳️ Voting in the House
- All matters are normally decided by a simple majority —
that is, a majority of members present and voting (excluding the Presiding Officer). - However, some special cases (like removal of Speaker, amendments, etc.) require effective or special majorities.
🔹 Presiding Officer’s vote:
- The Speaker/Chairman does not vote in the first instance,
- But can cast a deciding (casting) vote in case of a tie.
This ensures impartiality — the Speaker doesn’t influence results unless absolutely necessary.
🗣️ Language in the State Legislature
The Constitution provides flexibility regarding the language used for business in the legislature.
The permitted languages are:
- The official language(s) of the State, or
- Hindi, or
- English.
However, the Presiding Officer may allow a member to speak in his/her mother tongue if they’re more comfortable doing so.
⏳ Use of English: Time Limit
The Constitution allowed English to be used for 15 years from 1950 (i.e., till 1965), after which the State Legislature could decide whether to continue or discontinue it.
However, this period was extended for certain states due to linguistic and administrative diversity:
| State | Time Limit for Use of English |
|---|---|
| Himachal Pradesh, Manipur, Meghalaya, Tripura | 25 years |
| Arunachal Pradesh, Goa, Mizoram | 40 years |
So, these states could use English for legislative business even longer before taking a final call.
⚖️ Rights of Ministers and Advocate General
This is another often-confused area, so let’s make it crystal clear 👇
Even though only elected or nominated members have voting rights,
some non-members also have the right to participate in the proceedings.
Those are:
- All Ministers, and
- The Advocate General of the State.
They may:
- Speak in either House,
- Participate in debates, and
- Attend committee meetings (if they are members of that committee).
👉 But they cannot vote in the House.
🔹 Why This Provision?
There are two reasons behind this constitutional arrangement:
- A Minister may belong to the other House (e.g., Council member speaking in Assembly),
yet he must be able to explain and defend government policies. - A Minister who is not yet a member of either House (allowed for up to 6 months) should still be able to participate in debates and handle business.
So, this ensures administrative efficiency and executive accountability.
🎯 Conceptual Essence
These provisions ensure that:
- The legislature meets regularly (to remain accountable),
- Works systematically and democratically, and
- Balances order, flexibility, and representation.
In short — the Governor sets the schedule, the Presiding Officers control the proceedings, and the members (and ministers) ensure that the will of the people is debated and translated into law.