The Maharashtra Legislature: Vidhan Sabha and Vidhan Parishad

Every December, the government of Maharashtra moves — ministers, officials, files and all — to Nagpur for the winter session of the state Legislature. The tradition comes from the Nagpur Pact of 1953, which promised Vidarbha that one session each year would be held there. It is one of several features that make the Maharashtra Legislature distinctive, and a regular topic for MPSC.

A bicameral legislature

Maharashtra has a bicameral legislature (Article 168):

• the Vidhan Sabha (Legislative Assembly) — the lower house;
• the Vidhan Parishad (Legislative Council) — the upper house.

Only a few states have a Legislative Council. Along with Maharashtra, they are Andhra Pradesh, Bihar, Karnataka, Telangana and Uttar Pradesh. A Council can be created or abolished by Parliament if the state's Legislative Assembly passes a resolution by a special majority (Article 169).

The Vidhan Sabha

The Anglo-Indian nominated seat that existed earlier was discontinued after the 104th Amendment (2019) ended nominations of Anglo-Indian members.

The Vidhan Parishad

Composition (Article 171)

Notice that the actual numbers do not match the constitutional fractions exactly — 30 and 22 are not both one-third of 78. That is because Article 171(2) lets Parliament provide otherwise by law; the seat distribution for each Council is fixed in the Representation of the People Act, 1950. Article 171(3) gives the default proportions "as nearly as may be".

The Governor's nominations to the Council have at times become politically contentious, when nominations recommended by the government were delayed.

Where the Legislature meets

• Vidhan Bhavan, Mumbai — the main seat.
• Vidhan Bhavan, Nagpur — the winter session is held here, under the Nagpur Pact.

Sessions

The Legislature normally has three sessions a year:

The Constitution requires that six months shall not elapse between two sessions (Article 174).

Legislative procedure

• Ordinary Bills can be introduced in either house. If the Council rejects a Bill passed by the Assembly, or does not act on it, the Assembly can pass it again; the Council can delay it but cannot block it permanently (Article 197). There is no joint sitting at the state level.
• Money Bills can be introduced only in the Vidhan Sabha. The Council must return them within 14 days, with or without recommendations, which the Assembly may accept or reject (Article 198).
• Governor's assent: the Governor may assent, withhold assent, return a Bill (other than a Money Bill) for reconsideration, or reserve it for the President (Article 200).

Financial procedure

• Annual Financial Statement (budget) laid before the Legislature (Article 202).
• Demands for grants voted by the Assembly.
• Appropriation Bill passed to withdraw money from the Consolidated Fund of the State.
• Supplementary demands for additional spending during the year.

Committees

The Legislature works through committees, including:

• Public Accounts Committee — examines the reports of the Comptroller and Auditor General on state accounts;
• Estimates Committee;
• Committee on Public Undertakings;
• Committees on the welfare of Scheduled Castes, Scheduled Tribes and other groups;
• Privileges Committee;
• Committee on Subordinate Legislation.

Anti-defection law

The Tenth Schedule (anti-defection law) applies to state legislators. The Speaker decides on disqualification petitions, subject to judicial review.

Maharashtra's politics in recent years has seen splits in major parties and prolonged disputes over disqualification and party symbols, which reached the Supreme Court. These disputes raised important questions about:

• the role and timeliness of the Speaker's decisions;
• the distinction between the legislature party and the political party;
• the role of the Governor in calling floor tests;
• the role of the Election Commission in deciding which faction is the "real" party.

Practice

Prelims-style:

1. How many members does the Maharashtra Vidhan Sabha have?
2. How many members of the Vidhan Parishad are elected by graduates?
3. Where is the winter session of the Legislature held, and why?
4. Within how many days must the Council return a Money Bill?
5. Name two other states with a Legislative Council.

Mains-style:

• "Legislative Councils are an expensive redundancy." Critically examine with reference to Maharashtra.
• Discuss the challenges to the anti-defection law highlighted by recent events in state politics.