Jammu and Kashmir Legislative Council

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Legislative Council of Jammu and Kashmir
6th Assembly
Type
Type
Leadership
Chairman
Amrit Malhotra, INC
since 3 April 2007
Deputy Chairman
Javed Rana, INC
since 9 October 2013
Leader of House
Ajay Kumar Sadhotra, JKNC
Leader of Opposition
Shri Abdul Qayoom, JKNC
Seats 36
Meeting place
Jammu and Kashmir Legislative Council
Website
http://jklegislativecouncil.nic.in

The Jammu and Kashmir Legislative Council (also known as the Jammu and Kashmir Vidhan Parishad) is the upper house of the legislature of the Indian state of Jammu and Kashmir; the lower house is the Legislative Assembly of Jammu and Kashmir. The Jammu and Kashmir State Legislature consists of the Governor, Legislative Assembly and Legislative Council.[1]

History[edit]

The first legislature of the kingdom that is now the Indian state of Jammu and Kashmir was established by the government of the Maharaja of Kashmir Hari Singh in 1934.[2] In 1957, according to the Legislative Councils Act by the Parliament of India and a new constitution was adopted by the constituent assembly, a bicameral legislature system was founded.[1][2]

Membership and tenure[edit]

Largely governed by the Indian Constitution and acts of the Indian Parliament, the eligibility criteria for membership of the Legislative Council is:[3]

  1. The person must be a citizen of India.
  2. The person must be at least 30 years of age.
  3. Must possess the qualifications stipulated by any act of Parliament.
  4. The person must not hold any office of profit in the Union or state government(s), other than a ministerial position. If he does, he must resign from it upon election
  5. The person cannot be member any Vidhan Sabha, the Lok Sabha, or the Rajya Sabha
  6. Must be of sound mind and physical health, as determined by a court.

[3]

Members of the Legislative Councils serve a fixed six-year term.[3] One-third of the membership retires every two years, but members are eligible for re-election. Unlike the lower house, the composition of the council is not determined by direct popular vote. As per law, the council's membership cannot exceed 40 seats; currently the Jammu and Kashmir Legislative Council is composed of 36 seats, as per section 50 of the state constitution.[3][4]

Of the 36 seats, six are filled by nominees of the state governor.[3] 21 members are nominees of the Legislative Assembly.[3] Local bodies such as zila parishads and municipal bodies are entitled to elect seven members.[3] Certified teaching professionals with a minimum of three years experience in a secondary-level institution are eligible elect two members.[3]

Functions[edit]

The Legislative Council serves two sessions - budget and monsoon.[5] However, it can be convened at any time by the state governor. It lacks many of the powers and responsibilities that are bestowed to the Legislative Assembly.[3] While any form of legislation save those concerning financial appropriations may originate in the council, the lower house is the source of most legislation, which upon passage is forward for approval by the Legislative Council.[3] In addition, it is required to decide an appropriations bill sent from the Legislative Assembly within 14 days.[3][4] Legislation not concerning appropriations has to be decided upon within three months.[3][4] Whether a bill is an Ordinary Bill or a Money bill, is decided by the Speaker of the Vidhan Sabha. However, the Vidhan Sabha does enjoy some amount of power.

  1. It is not subject to dissolution. It is a permanent House.
  2. It is highly specialised and professional
  3. It can send bills back for reconsiderations, with or without recommendations
  4. it can delay bills for a maximum of six months (two considerations), by which time the Vidhan Sabha may withdraw the bill
  5. It participates in the elections of the Governor and Deputy Governor

Office bearers[edit]

The Legislative Council is headed by a Chairman and Deputy Chairman chosen by members of the councils. The "Leader of the House" is the leader of the party (or coalition) holding the most number of seats in the council. The "Leader of the Opposition" represents the second-largest party or coalition. The present office-bearers are:[5]

  • Chairman:
  • Deputy Chairman:
  • Leader of the House: Mufti Mohammad Sayeed (PDP)
  • Leader of the Opposition: Abdul Qayoom
  • Secretary:

[5]

References[edit]

  1. ^ a b "Jammu and Kashmir Legislative Council". National Informatics Centre. Retrieved 31 August 2010. 
  2. ^ a b "Jammu and Kashmir Legislative Assembly". National Informatics Centre. Retrieved 29 August 2010. 
  3. ^ a b c d e f g h i j k l J.C. Johari (2004). Indian Polity: A Concise Study of the Indian Constitution, Government and Politics. Lotus Press. pp. 127–30. ISBN 978-81-89093-68-6. 
  4. ^ a b c Pooja Narang (1999). Encyclopedaedic Dictionary of Business Organization. Sarup & Sons. pp. 485–95. ISBN 978-81-7625-059-7. 
  5. ^ a b c "Jammu and Kashmir Legislative Council". National Informatics Centre. Retrieved 31 August 2010.