ZONAL COUNCIL

The first Prime Minister of Indi a Jawaharl al Nehru proposed that country can be divided
into 4 or 5 zonal counci ls. Fi ve Zonal Councils were set up i n the year 1956. The Zonal Council l s
have been created by the States Reorg anization Act of 1956. This acts like platform to di scuss certai n
common issues. The purpose is to advi ce on matters of common i nterest to each zone.
Economi c Planni ng Soci al pl anni ng Border di sputes Inter-state transport Matters arising out of
the reorg ani zati on of states and the li ke To give advises to the states concerned
The Home Mi ni ster (Central ) is the Chai rman for all the Zonal Counci l s.
The Chi ef Mini ster of the concerned state i s the V i ce Chai rman of the Zonal counci l on
rotati on. NOTE: The meeti ng s al so hel d on rotati on basi s. Each Zonal Council consi sts of the Chi
ef Mi ni ster and two other mi ni sters of each of the states i n the zone and the admi ni strator i n the
case of a Union Terri tory. The hol di ng joint meeti ng of 2 or more Zonal counci l s can al so take pl
ace.
FIVE ZONAL COUNCILS:
Northern Zonal Counci l : Haryana, HP, J&K, Punj ab, Rajasthan, Delhi and Chandigarh.
The central Zonal Counci l : Chhatti sgarh, Uttaranchal , UP and MP.
The Eastern Zonal Counci l : Bi har, Jharkhand, Ori ssa, S i kkim and West Beng al .
NOTE: S i kkim was excl uded from the eastern counci l i n the year 2002.
Western Zonal Counci l : Goa, Gujrat, Maharashtra, Daman & Diu, Dadra& Nagar Havel i .
The S outhern Zonal Counci l : AP, Karnataka, Keral a and Tami l Nadu and Pondi cherry.
The North eastern states Assam, Arunachal Pradesh, Mani pur, Mi zoram, Meg hal aya,
Tri pura and Nagaland are not i ncl uded i n the Zonal Counci ls.
North east Counci l was set up i n the year 1972. Sikkim was i ncl uded i n the North East counci l i n the
year 2002. Sikkim was excl uded from the eastern counci l si nce 2002. The U ni on Home Mi ni ster i s
the Chai rman for al l the zonal Counci l s. The Chi ef Mi ni ster of the concerned state where the
meeti ng i s l ed acts as the V i ce Chai rman on rotati on. The Chief Secretary of the concerned
state i s the secretary for the Zonal Council on rotation.

STATE LEGISLATURE
Parliament means the Lok Sabha, the Rajya Sabha and the President.
Similarly State Legislature means The State Legislative Assembly or Lower House ,
The State Legislative Council or Upper House , The Governor (bicameral system)
Majori ty of the states in India have only assembly and is called unicameral
system(The State Legislative Assembly or Lower House ,The Governor).
As of January 1, 2014 only 6 states are bi cameral . They are Andhra Pradesh, Bi
har ,J&k ,maharastra , u.p. ,Karnataka.

HOW THE STATE LEGISLATIVE COUNCIL IS CREATED / ABOLISHED?

ARTICLE 169: The ParL iament i s empowered to establish or abolish a state legisLati ve
council . The state assembly if passes a resolution by a special majority.

If the

Parliament by a majority (simple) accepts the same then the legislative council
can be established. NOTE: Through the same process a legislative council can be
abolished. ALSO NOTE: This is not an amendment of the constitution under
Arti cl e 368. This is passes like an ordinary leGislation.
ASSEMBLY:
STRENGTH: (NUMBER OF MEMBERS): The minimum strength of assembly i s 60.
The maximum strength of assembLy i s 500. The strength of assembly varies from
state to state depending on the population. The strength of Uttar Pradesh
assembly is 403. (Hi g hest population), The streng th of Sikkim assembly is 32.
(Lowest popul ati on) . Did you notice that the strength of some of the
assemblies like Arunachal Pradesh,Sikkim, Goa, Mizoram, and Nagaland etc in
the country is less than 60? (Nagaland-46) ( Mizoram- 40) & Arunachal Pradesh,
Goa and Sikkim the minimum strength is fixed at 30.
ELECTION: All the members in the assembly are directly elected by the people.
The Governor nominates one member from the AngLo-Indian community

RESERVATION: The seats are reserved for scheduled castes & scheduled tribes
in the assembly on the basis of population ratio. Through 109th amendment in
the year 2009 the reservation has been extended upto January 25, 2020.
Through the same amendment (109th) the provi si on for nominating
Anglo-Indians iS also extended up to January 25, 2020.
TERM: The term of legislative assembly is 5 years , Even before the completion
of the term of 5 years the assembly may be dissolved by the Governor
Even before the completion of the term of 5 years the assembly may be
dissolved by the GOVERNOR This period can be extended by any number of times
but not more than 1 year at a time The extension cannot be continued beyond
a period of 6 months after the emergency has ceased to operate.
QUALIFICATIONS FOR LEGISLATIVE ASSEMBLY: He must be a citizen of India , He
must not be less than 25 years of age. He must possess other qualifications
prescribed by the Parliament.
Note: The disqualification of a member is decided by the Governor after
obtaining the opinion of the ElectiOn Commission. Note: The questi on of
disqualification on the grounds of defection is decided by the speaker.
(Discussed in anti-def ection law).
SALARY: The sal ary of the members of l eg i sl ati ve assembl y i s deci ded by
the state legislature
RESIGNATION: A member of l eg sl ati ve assembly submits the resIGnati on to
the speaker
SPEAKER: The speaker i s elected from amongst the members of state legislative
assembly , The election of the speaker is conducted by the pro-tem speaker.
NOTE: PRotem speaker is appointed by the Governor. Generally the senior most
member of the assembly is appointed as the pro-tem speaker.
RESIGNATION: Speaker submits the resignation letter to the Deputy Speaker.
VACANCY IN THE OFFICE OF THE SPEAKER: If the speaker ceases to be a member
of assembly he deemed to be vacated the seat. If he resi g ns then there i s a

vacancy in the office of the speaker. If the speaker is removed by a resolution

passed by a majority of all the members of the assembly, then there i s a vacancy
in the office of the speaker.
REMOVAL PROCEDURE OF THE SPEAKER: The speaker can be removed from the
office after giving 14 days advance notice. During this period the speaker cannot
act as the speaker. Instead the deputy speaker acts as the Speaker. After 14 days
if a resolution is passes by a majority of all the then members of the
assembly, the speaker is considered to be removed from the office.
FUNCTIONS OF THE SPEAKER: The most important function of the Speaker is
to maintain decency and decorum in the assembly, The Speaker adjourns the
assembly or suspends the meeting in the absence of quorum.
QUORUM: This is the minimum strength in the assembly, Quorum is equal to1/10
th of the total or 10 members whichever is higher. In bigger states like UP or
AP the minimum strength must be 1/10t h of the total and in states like
Goa and Sikkim the minimum strength must be 10 members. The speaker has
the casting vote or deciding vote.
WHAT IS CASTING VOTE? The speaker does not vote i n the first instance. If there
is an equality of votes then only the speaker votes. The speaker decides whether
a bill is money bill or not and the decision on of the speaker is final . The
speaker decides the question of disqualification of the members of assembly
on the grounds of defection under the provisions of 10th schedule of the Indian
Constitution. The speaker appoints the chairmen of all the committees of the
assembly, The speaker acts as the chairman of the Business Advisory Committee.
DEPUTY SPEAKER:
QUALIFICATIONS:
The deputy speaker must be a member of Assembly. The deputy speaker is el
ected from amongst the members. The election of the speaker i s conducted after
the election of the speaker. The deputy speaker election is conducted by the
Speaker.

FUNCTIONS OF THE DEPUTY SPEAKER:

He acts as the speaker in the absence of the speaker.
RESIGNATION:
The deputy speaker submits the resignation to the speaker.
VACANCY IN THE OFFICE OF THE DEPUTY SPEAKER: If the deputy speaker
ceases to be a member of assembly he deemed to be vacated the seat.
If the deputy speaker resigns then there is a vacancy in the office of the deputy
speaker. If the deputy speaker is removed by a resolution passed by a majority
of all the then members of the assembly, then there is a vacancy in the office of
the deputy speaker.
REMOVAL PROCEDURE OF THE DEPUTY SPEAKER:
Note: In the same manner like that of the Speaker.
The deputy speaker can be removed from the offi ce after giving 14 days
advance notice.
Duri ng thi s period the deputy speaker cannot act as the speaker. After 14
days i f a resol uti on i s passes by a maj ori ty of al l the then members of
the assembl y, the deputy speaker i s consi dered to be removed from the offi ce.
LEGISLATIVE COUNCIL:
STRENGTH: (NUMBER OF MEMBERS)
The mi nimum streng th i s 40.
The maximum streng th i s 1/3r d of the total streng th of the assembly
In between the maximum and minimum the strength is fixed by the parliament.
ELECTION:
The members of legislative council are elected indirectly.

NOMINATION:
1/6 th of the total strength are nominated by the Governor.
ELECTION PROCEDURE: The members are el ected i n accordance wi th
system of proportional representation by means of a single transferabl e vote.
1/3r d are elected by the members of local bodies like municipalities, district
boards etc. 1/3r d are elected by the MLAs (Members of Legislative Assembli
es). 1/12th are elected by graduates. 1/12th are elected by teachers 1/6th are
nominated by the governor.
TERM OF LEGISLATIVE COUNCIL: It i s a permanent house and subjected to di
ssolution. Note: It may be abol i shed. 1/3rd members reti re at the end of ev ery
second year. The term of a member of l eg i sl ati ve counci l i s 6 years. The reti ri
ng members are el i g i bl e for reel ecti on.
QUALIFICATIONS FOR LEGISLATIVE COUNCIL: He must be a ci ti zen of Indi a. He
must not be l ess than 30 years of ag e. He must possess other qual i fi cati ons
prescri bed by the Parl i ament.
ADDITIONAL QUALIFICATIONS AS PER REPRESENTATIONS OF PEOPLES
ACT: A person to be el ected to the l eg i sl ati ve counci l must be an el
ector from an assembl y consti tuency i n the concerned state.He must be a resi
dent i n the concerned state.
DISQUALIFICATIONS: NOTE: S ame as that of Assembl y member.
If he hol ds any offi ce of profi t under the U ni on or S tate g overnment.
EX CEPTION: A Mi ni ster i n the uni on or state g overnment i s not consi
dered as holding an offi ce of profi t. If he i s of unsound mi nd and stands so
decl ared by a court. If he i s an un di scharg ed i nsol vent. If he i s not a ci ti
zen of Indi a or has vol untari l y acqui red the ci ti zenshi p of a forei g n
stateor i s under any acknowl edg ement of al l eg i ance to a forei g n state. If he i
s so di squal i fi ed under any l aw made by the Parl i ament. Note: The di squal i
fi cati on of a member i s deci ded by the Governor after obtai ni ng the

opi ni on of the El ecti on Commi ssi on.

Note: The questi on of di squal i fi cati on on the g rounds of defecti ons i
s deci ded by the Chai rman. (Discussed in anti-def ection law).
SALARY:
The sal ary MLCs i s deci ded by the state l eg i sl ature.
RESIGNATION:
An MLC submi ts the resi g nati on to the Chai rman of the l eg i sl ati ve counci l .
CHAIRMAN OF LEGISLATIVE COUNCIL:
The chai rman of the l eg i sl ati ve counci l must be a member of the l eg i sl ati
ve counci l . The chai rman i s el ected from among st the members. Note: This is
unlike Rajya Sabha, where the Chairman is not a member of the Rajya Sabha.
RESIGNATION:
The Chai rman submi ts the resi g nati on to the deputy chai rman.
VACANCY IN THE OFFICE OF THE CHAIRMAN:
If he ceases to be a member of l eg i sl ati ve counci l . If the chai rman resi g ns. If
the chai rman i s removed by a resol uti on passed by a maj ori ty of al l
the then membersof the counci l .REMOVAL: For removi ng the chai rman 14
days advance noti ce i s g i ven. If the resol uti on i s passed by the then
members of the counci l the chai rman i s consi dered to be removed.
FUNCTIONS OF THE CHAIRMAN: The functi ons of the chai rman of the l eg i
sl ati ve counci l are simi l ar to that of the speakerof assembl y.
SALARY: The sal ary and al l owances of the chai rman of the l eg i sl ati ve
counci l are deci ded by the state l eg i sl ature.

DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCIL: The deputy chai rman must
be a member of the l eg i sl ati ve counci l . The deputy chai rman i s el ected from
among st the members of the counci l .
RESIGNATION:The deputy chai rman submi ts the resi g nati on to the chai rman.
VACANCY: If he ceases to be a member of l eg i sl ati ve counci l . If the deputy
chai rman resi g ns. If the deputy chai rman i s removed by a resol uti on
passed by a maj ori ty of al l the then members of the counci l .
REMOVAL:
Note: Same procedure l i ke that of Chai rman. For removi ng the deputy chai
rman 14 days advance noti ce i s g i ven. If the resol uti on i s passed by the
then members of the counci l the deputy chai rman i s consi dered to be
removed.
FUNCTIONS OF THE DEPUTY CHAIRMAN:
The deputy chai rman acts as the chai rman i n the absence of the Chai rman.
HOW THE BILLS ARE PASSED IN THE STATE LEGISLATURE?
The bills at the state level are divided into 2 categori es.
Ordinary bi l l s
Money bi l l sNote: In case of unicameral legislature all the bill s are
introduced in the assembl y, if it is passes the bill will be forwarded to the
Governor for his assent.
ORDINARY BILL:An ordi nary bi l l can be introduced nei ther of the houses of the
state legislature. If a bi l l that i s i ntroduced i n the assembl y i s not
passed, then the bi l l i s consi dered to be rej ected and the bi l l does not g
o to the l eg i sl ati ve counci l .When a bi l l i s passed by the assembl y and
forwarded to the counci l then

The counci l may pass the bi l l as sent by the assembl y

The counci l may rej ect the bi l l .

The counci l may pass the bi l l wi th amendments (chang es) and return
the bi l l to the assembl y for reconsi derati on.
The counci l may not take any acti on and keeps the bi l l pendi ng .
If the counci l passes the bi l l wi thout amendments the bi l l i s deemed
to be passed by boththe houses and i s sent to the Governor for hi s assent. If
the counci l passes the bi l l wi th amendments and the assembl y accepts
the same thenal so the bi l l i s consi dered to be passes and forwarded to the
Governor for hi s assent. If the assembl y rej ects the amendments as sug g ested
by the counci l
OR the counci l rej ects the bi l l al l tog ether OR If the counci l does not
take any acti on for a peri od of three months then the assembl y may pass
the bi l l ag ai n and forward the same to the counci l . If the counci l rej ects the
bi l l ag ai n OR Passes the bi l l wi th amendments that are not acceptabl e to
the assembly OR If the counci l does not pass the bi l l wi thi n one month then
the bi l l i s deemed to have been passed by both the houses i n the form i n
whi ch i t was passed by the assembl y for the second time.
WHERE IS THE ULTIMATE AUTHORITY LIES?The ul timate power to pass a bi l l l i
es wi th the assembl y.
In case of dead l ock there i s no provi si on of the j oi nt si tti ng l i ke i n Parl i
ament.
What is dead lock? Thi s i s a si tuati on where a bi l l i s passed by one
house and rej ected by the other. On the other hand the bi l l that i s ori g i
nated i n the l eg i sl ati ve counci l i s passed and sent tothe assembl y, i f
rej ected by the assembl y the bi l l i s consi dered to be rej ected and the
bi l l becomes dead.
ROLE OF GOVERNOR: The Governor may g i ve assent to the bi l l and the bi l l
becomes an act. The Governor may wi thhol d the bi l l the assent to the bi l
l . Then the bi l l does not becomean act. The Governor may return the bi l

l for the reconsi derati on. In thi s case i f the bi l l i s passesby the l eg i sl
ature and sent to the g overnor for assent the g overnor must g i ve the assent.
The Governor may reserve the bi l l for the consi derati on of the Presi
dent. The Presi dentmay ei ther g i ve the assent ORwi thhol d the assent to the
bi l l OR return the bi l l for reconsi derati on The state l eg i sl ature must consi
der the bi l l wi thi n si x months. The bi l l i s presented ag ai n to the presi
denti al assent after i t i s passed by the l eg i sl ature wi th or wi thout
amendments. Consti tuti on i s si l ent on the acti on of the Presi dent after
reconsi derati on by the statel eg i sl ature.
MONEY BILLS: A money bi l l can be i ntroduced onl y i n the assembl y onl y
on the recommendati on of the g overnor. Al l money bi l l s are Publ i c or g
overnmental bi l l s. The money bi l l s are i ntroduced onl y by the mi ni sters and
not by other members. A money bi l l cannot be i ntroduced i n the l eg i sl ati ve
counci l . After a money bi l l i s passed by the assembl y, the same i s
forwarded to the l eg i sl ati ve counci l .The l eg i sl ati ve counci l cannot rej ect
the money bi l l s. The l eg i sl ati ve counci l cannot amend the money bi l l .The l
eg i sl ati ve counci l can sug g est recommendati ons. The l eg i sl ati ve counci l
must return the money bi l l to the assembl y wi thi n 14 days.The assembl y can
accept or rej ect the sug g esti ons g i ven by the l eg i sl ati ve counci l . If the l eg
i sl ati ve counci l does not return the money bi l l wi thi n 14 days then the
bi l l s i s deemed to have been passed by both the houses. The money bi l l then
submi tted to the Governor for hi s assent.
ROLE OF GOVERNOR IN MONEY BILL: The g overnor may g i ve assent to the
money bi l l .The g overnor may wi thhol d the assent to the money bi l l . The g
overnor may reserve the money bi l l for the consi derati on of the Presi dent.
The g overnor cannot return the money bi l l for the reconsi derati on of
the statel eg i sl ature. When the money bi l l i s reserved for the consi derati
on of the Presi dent the Presi dentmay g i ve assent or wi thhol d the bi l l .The
Presi dent cannot return the money bi l l for reconsi derati on of the state l eg i sl
ature.