With reference to the Legislative Assembly of a State in India, consider the following statements:Th

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?

Accepted Answer

Article 176(1) of the Constitution of India enjoins that the Governor shall address both the Houses assembled together at the commencement of the first session after each general election to the Assembly and at the commencement of the first session of each year and inform the Legislature of the causes of its summons.The address of the Governor contains a review of the activities and achievements of the Government during the previous year and their policy with regard to important internal problems as well as a brief account of the programme of Government Business for the session.Article 208 in the Constitution of India 1949 states:Rules of procedureA House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State, subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be.In a State having a Legislative Council, the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses.Hence, there is no mention that the State Assembly follows the Lok Sabha rule.Source Citation: D D Basu