FUNCTION AND DUTIES

NAGALAND LEGISLATIVE ASSEMBLY (VIDHAN SABHA)

Nagaland Legislative Assembly

 

The Nagaland Vidhan Sabha or the Nagaland Legislative Assembly is the unicameral legislature of the Indian state of Nagaland. The present strength of the Vidhan Sabha is 60. The Legislative Assembly represents the people of the State. The Members of Vidhan Sabha are directly elected by people on the basis of universal adult franchise. They are directly elected by all adult citizens registered as voters in the State. All men and women who are 18 years of age and above are eligible to be included in the voters’ List. They vote to elect members of State Assembly. Members are elected from territorial constituencies. The State is divided into as many (single member) constituencies as the number of members to be elected. Certain numbers of seats are reserved.

In order to become a Member of Legislative Assembly a person must:

  • be a citizen of India;
  • have attained the age of 25 years;
  • his/her name must be in voters’ list;
  • must not hold any office of profit i.e.;
  • Should not be a government servant.

 

The tenure of Legislative Assembly is five years, but the Governor can dissolve it before the completion of its term on the advice of Chief Minister. It may be dissolved by the President in case of constitutional emergency proclaimed under Article 356 of the Constitution.

Presiding Officer (The Speaker)

The members of Legislative Assembly elect their Presiding Officer. The Presiding Officer is known as the Speaker. The Speaker presides over the meetings of the House and conducts its proceedings. He maintains order in the House, allow the Members to ask questions and speak. He puts Bills and other measures to vote and announces the result of voting. The Speaker does not ordinarily vote at the time of voting. However, he may exercise casting vote incase of a tie.

The Deputy Speaker presides over the meeting during the absence of the Speaker. He is also elected by the Assembly from amongst its members.

Sessions of the State Legislature

The State Legislature meets at least thrice a year and the interval between two Sessions cannot be more than six months. The Governor summons and prorogues the Sessions of State Legislature. He addresses the Legislative Assembly at the commencement of the first Session after each general election and at the commencement of the first Session of the year. This Address reflects the policy statement of the government which is to be discussed in the Legislature.

POWERS AND FUNCTIONS OF THE STATE LEGISLATURE

Law making function

The primary function of the state Legislature is law-making. The State Legislature is empowered to make laws on State List and Concurrent List. The Parliament Assembly and the Legislative Assemblies have the right to make laws on the subjects mentioned in the Concurrent List. But in case of contradiction between the Union and State law on the subject the law made by the Union shall prevail.

Bills are of two types- Ordinary Bills and Money Bills. The Bills are introduced in the State Legislature. After the Bill is passed by the State Legislature, it is sent to the Governor for his assent. The Governor can send back the Bill for reconsideration. When this Bill is passed again by the Legislature, the Governor has to give his assent.

Financial Powers

The State Legislature keeps control over the finances of the State. A money Bill is introduced in the Legislative Assembly. The money Bill includes authorization of the expenditure to be incurred by the government, imposition or abolition of taxes, borrowing, etc. The Bill is introduced by a Minister on the recommendations of the Governor. After a money Bill is passed by the Vidhan Sabha, it is sent to the Governor for his assent. The Governor cannot withhold his assent, as money Bills are introduced with his prior approval.

Control Over the Executive

The State Legislature keeps control over the executive. The Council of Ministers is responsible to Legislative Assembly collectively and remains in the office so long as it enjoys the confidence of the Legislative Assembly. The Council is removed if the Legislative Assembly adopts a vote of no-confidence, or when it rejects a government Bill.

In addition to the no-confidence motion, the Legislature keeps checks on the government by asking questions and supplementary questions, moving adjournment motions and calling attention notices.

Electoral Functions

The elected Members of the Legislative Assembly are Members of the Electoral College for the election of the President of India. Thus, they have say in the election of the President of the Republic. The Members of the Legislative Assembly also elect Members of the Rajya Sabha for their respective States. In all these elections, Members of the Legislative Assembly cast their votes in accordance with single transferrable vote system.

Constitutional functions

The Constitution Amendment requires special majority of each House of the Parliament and ratification by not less than half of the States relating to Federal subjects. The resolution for the ratification is passed by the State Legislatures with simple majority. However, a constitutional amendment cannot be initiated in the State Legislature.

Legislature Secretariat

The Legislative Assembly Secretariat, besides providing secretarial assistants in legislative functioning of the Hon’ble Speaker, caters to the multifarious requirements of the Members of the Legislative Assembly with a view to rendering them timely assistance in the discharge of their functions. The Legislative Secretariat also takes care of the welfare of the members and Ex-Members. Some of the important functions are as under: –

  1. To control the Executive through Assembly Questions, Motions, Resolutions, Committees, etc.
  2. To control the finances through general discussions on Budget, device of token cut on demands and discussions on Finance Bills and Appropriation Bills and
  3. To enact Legislations

Committee System

The enormous range and magnitude of the government activities in the present day State has led State Legislature to shift emphasis from law making activities to supervision/control of the administration. This is not limited only to the voting of moneys by the State Legislature but also extends to ensure that expenditure is incurred in a prudent & specified manner on plans and programs approved by the Legislature and that the objectives underlying these programs are achieved. State Legislature as a body, however, is not in a position to undertake this stupendous task on its own nor it is practically possible. As a matter of fact, it cannot use the floor time for minute details nor it has enough time for doing so. Therefore, to make Assembly surveillance effective and more meaningful, suitable machinery is required. The committees are constituted to ensure this accountability of the Executive of the Legislature. Besides, enabling more people to become associated with the governmental processes, these also help in making use of the experience and expertise in guiding and supervising the government’s functioning. These Committees are, therefore, referred to as “House in Miniature” or “House in Perpetuity”.

At the commencement of the first session after each general election and thereafter before the commencement of each financial year or from time to time when the occasion otherwise arises, different Committees of the House for specific or general purposes are nominated by the Speaker.

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