Previous Year Question
With reference to the Legislative Assembly of a State in India, consider the following statements:
The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.
Which of the statements given above is/are correct?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: A
Detailed Solution
Statement 1 is correct.
Under Article 176(1) of the Constitution, the Governor addresses the Legislative Assembly or, in a bicameral State Legislature, both Houses assembled together on the following occasions:
At the commencement of the first session after every general election to the Legislative Assembly.
At the commencement of the first session of each year.
Through this address, the Governor informs the Legislature of the causes of its summons.
The Governor’s address is constitutionally mandatory. It generally outlines the policies, programmes and legislative agenda of the State Government.
Under Article 176(2), the rules of procedure of the House must provide time for discussing the matters referred to in the address. In practice, this discussion takes place through the Motion of Thanks.
Article 176 must be distinguished from Article 175. Article 175 empowers the Governor to address and send messages to the House or Houses at any time, whereas Article 176 concerns the address delivered on specified occasions.
Statement 2 is incorrect.
Under Article 208(1), each House of a State Legislature may make its own rules for regulating its procedure and the conduct of its business.
If no specific rule exists on a matter, the Constitution does not require the State Legislature to automatically follow the rules of the Lok Sabha.
Article 208(2) contained a transitional arrangement. Until new rules were made, the rules of procedure and standing orders applicable to the corresponding provincial legislature immediately before the commencement of the Constitution could continue, subject to necessary adaptations and modifications.
The Speaker or Chairman may resolve a procedural question according to the House’s own rules, established conventions, precedents and directions. Lok Sabha practice may provide guidance, but its rules do not automatically apply to a State Legislature.
Article 209 also empowers the State Legislature to regulate by law its procedure concerning financial business so that such business is completed in time.