CHAPTER- 3 COMPOSITION AND MEMBERSHIP PATTERN OF HARYANA LEGISLATIVE ASSEMBLY COMPOSITION OF HARYANA LEGISLATIVE ASSEMBLY There is no uniformity in the total strength of members in legislative assemblies of different states. The number of members varies depending upon the population of each state. However, the constitutions provides that the legislative Assembly of a state shall not consist of more than 500 and not less them 60 1, except Sikkim which has 32 members. 2 The biggest legislature Assembly is that of Uttar Pradesh will 425 members and smallest is that of Manipur with 60 members. The strength of Haryana Legislative Assembly is 90. The member of a Legislative Assembly are elected directly form territorial constituencies on the basis of universal adult franchise. The state is divided into territorial constituencies of almost equal size in terms of voters. There is also a provision for readjustment of constituencies by a law passed by the Parliament upon the completion of each census. 3 For example, at the time of creation of Haryana state on November 1, 1966, the number of seats in Haryana Assembly was 54. However in 197, the Delimitation Commission fixed 81 seats for the same. 4 The number of seats was extended to 90 during the 1977 general election to the Haryana Assembly. 5 Table 3.1 gives the number of seats in various Haryana Assemblies since 1996 as follows: 1 Constitution of India, Article 170. 2 Ibid., Article 371 F. Apali from Manipur, the strength of State Assemblies of Meghalaya, Nagaland and Tripura is also 60 each, 3 Ibid. Article 170. 4 Election Commission Haryana. Report on Haryana Vidhan Sabha Election. 1972, p.2. 5 Ibid., p.4. 85
Table 3.1 Seats in Haryana Assembly: 1996-2009 Assemblies Ninth Assembly 1996-2000 Tenth Assembly 2000-2005 Eleventh Assembly 2005-2009 Number of Seats 90 90 90 Source: Resume Haryana Vidhan Sabha-1996-2009 1977. We have 81 seats in the Assembly upto 1972 but increased to 90 in The Constitution provides a special representation to Scheduled Castes and Scheduled Tribes in State Legislative Assembly and in the Lok Sabha. 7 However, there is, at present, no such reservation for the Scheduled Tribes in Tribal areas of Assam,* Meghalaya and Nagaland which have 90 per cent of the tribal populations. The reservation of seats in legislative bodies was to continue for 10 years from the commencement of the Constitution, that is, upto 25 th January, 1960 but this period has been extended on ten years basis by amending the constitutions. The present delimitation of Parliamentary constituencies has been done on the basis of 2001 census figures under the previous of Delimitation Act, 2002 till the first census after 2026. The Constitution does not provide for separate electorate for the Scheduled Castes and Scheduled Tribes. Some of the Assemblies' and LokSabha's constituencies have been kept reserved for the candidates belonging to the Scheduled Castes and Scheduled Tribes. The number of seats reserved for Scheduled Castes and Scheduled Tribes, is to bear as nearly, as may be, the same proportion to the total number of seats in the Assembly as their population in the State or of the State, as the case may, in respect of which seats are so reserved. 86
Reservation for members belonging to Scheduled Castes in Haryana Legislative Assembly since 1996 has been as follows: 6 Table 3.2 Reserved Seats in Haryana Assembly: 1996-2009 Assemblies Ninth Assembly Tenth Assembly Eleventh Assembly 1996-2000 2000-2005 2005-2009 Reservation of Seats 17 17 17 Source: Resumes, Haryana VidhanSabha 1996-2009. Besides it, the Governor of a State can nominate such members of Anglo-Indian community to the Assembly as he considers appropriate if such community is not adequately represented. 7 But there is no such community in Haryana. The first Legislative Assembly came into existence on November, 1966 with 54 members, second was constituted in 1967 with 81 members, third in 1968 with 81 members, fourth in 1972 with 81 members. The fifth Haryana legislative Assembly came into being in 1977 with 90 members. The 8 th VidhanSabha was constituted on June 23, 1991 and BhajanLal was elected as the Leader of the House. The Sabha met in its first meeting on July 9,1991 and elected Ishwar Singh as the Speaker and Summer Chand Bhatt as Dy Speaker Sampat Singh, MLA of Lok Dal was recognized as the Leader of Opposition by the Speaker on July 18, 1991 and continued till the dissolution of Assembly on May 10, 1996 and BhajanLal continued as Leader of the House till 17 May 10,1996. 8 6 Constitution of India, Article 332 7 Ibid. Article 333 8 Ibid. 87
The 9 th Vidhan Sabha was constituted on May 13, 1996 vide notification No. 08/HN-LA/96 issued by Election Commission of India. BansiLal was elected as the Leader of the House. The Assembly met in its first session on May 22, 1996 and elected Chhatar Singh Chauhan as Speaker and Faquir Chand Aggarwal as Dy-Speaker. Om Parkash Chautala, MLA, of Samata Party was recognized a Leader of Opposition in the House by the Speaker on May 24, 1996. However, he assumed the office of Chief Minister on July 24, 1999 after the resignation of Bansi Lal and subsequently Bansi Lal of the Haryana Vikas Party was recognized as the Leader of Opposition by the Speaker on July 25, 1999. Bansi Lal resigned as the Chief Minister on July 21, 1999 when O.P. Chautala took over on July 24, 1999 and continued till December 14, 1999 when the Assembly was dissolved. 9 The Vidhan Sabha held 9 sessions and 54 sitting till December 14, 1999. The Assembly term was to expire on May 21,2001 but it was dissolved by the Governor under Article 174 (2 (b) of the Constitution on December 14. 1999. 10 The 10 th Vidhan Sabha was constituted on February 28, 2000 by notification No. 308/I-IN/LA/2000 issued by the Election Commission. O. P. Chautala was elected as Leader of House. The Sabha met in its first session on March 9, 2000 and elected Satbir Singh Kadian as Speaker and Gopi Chand Gahlot as Deputy Speaker on March 15, 2000. Chautala continued as the Leader of house till February 27, 2005 when he resigned. 11 The Sabha held 14 sessions and 66 sittings till December 31, 2004term of the Sabha was to expire on March 8, 2005. 12 The 11 th VidhanSabha was constituted on 21 March, 2005. Bhupinder Singh Hooda was elected as Leader of the House by the Congress party and he is sworn as new Chief Minister of Haryana with 67 seats in the Assembly. This 9 Ibid, 1996-2000 10 Ibid 11 Ibid 12 Ibid 88
is 2/3 majority of the house. O.P. Chautala elected as Leader of Opposition in the house with 9 seats. The sabha held 13 session and 72 sitting till 25 October 2010 term of the Sabha expires. Membership Pattern Every Indian citizen is eligible to become a member of a State Legislative Assembly provided he has attained 25 years of age and does not hold any office of profit either in Union or State government. He must also possess such other qualifications as may be prescribed by or under any law made by the Parliament. 13 A person is disqualified 14 from being chosen as and from being a member of the Legislative Assembly if he is of unsound mind and declared in solvent by a competent court. A person cannot be a member of both the Houses of State Legislature at the same time. Similarly, a person cannot be a member of Union Parliament and State Legislature at the same time. 15 Any dispute concerning whether a person is disqualified to become a member of Legislative Assembly or not, is referred to the Governor of that State for decision, who acts according to the opinion of the Election Commission and his decision is final and not liable to be questioned in any court of 1aw. 16 After being elected to the Assembly of a State, if for a period of sixty days, a member of either House of Legislature is absent from all meetings of the House without its permission, his seat may be declared vacant by the House. In computing the aforesaid period, no account is taken of any period during which the House is prorogued or is adjourned for more than four consecutive days. 17 Any member may introduce a motion that the seat of a 13 Constitution of India, Article 173. 14 Ibid., Article 191. 15 Ibid., Article 1990 (2). 16 Ibid., Article 192 17 Ibid., Article 190 (4). 89
member who has been so absent be declared vacant, 18 and if such motion is carried, the seat becomes vacant and the fact is published in the Gazette and the copy of the same is forwarded to the Election Commission. 19 Moreover, if a person is found guilty of corrupt practices in relation to elections, then also he can be disqualified. Furthermore, the State Legislature can also terminate their membership. 20 For instance, the Maharashtra Assembly terminated the membership of Dhote in 1965 and the Madhya Pradesh Assembly expelled Suresh Seth in 1978. 21 Term The ordinary duration of the Legislative Assembly, unless dissolved earlier, 22 is five years except in Jammu and Kashmir where it is six years, from the date of its first meeting. After the expiration of this period, 23 its life can be extended during the emergency by the Parliament by law for a period not exceeding one year at a time and not exceeding in any case beyond a period of six months after the proclamation has ceased to operate. 24 Under this provision, the life of Orissa Legislative Assembly was extended for six months in 1966 and that of Kerala Assembly in 1976. 25 It may, however, be mentioned here that the term of Lok Sabha and Vidban Sabha was extended to six years by 42 nd Amendment to the Constitution but subsequently the Janata Government in 1977 restored the earlier term of five years by 44 th Amendment to the Constitution. In Haryana, the First Assembly was dissolved in February 1967 after a period of four months because the general elections were due. The Second Assembly was dissolved in November 1967 after a period of eight months 18 Haryana Legislative Assembly Rules, Rule 60 19 Ibid., Rule 60 (3). 20 The Constitution of India, Article 101. 21 J.R. Siwach, Dynamics of Indian Government and Politics, New Delhi: Sterling, 985, p. 175. 22 The Constitution of India, Article 172 (i) 23 Ibid, Article 82 (2). 24 Constitutional Amendment 44. 25 J.R. Siwach, Op. cit., p. 169. 90
because of failure of Constitutional machinery in the State as reported by the Governor in his report. The Third Assembly completed a period of four years and was dissolved in January 1972 on account of general elections. The Fifth the Sixth, the Seventh, Ninth and eleventh Assemblies enjoyed a full term of Five years. However, the Eighth and Tenth Assemblies were dissolved before the expiry of their full term. Swearing-in of Members Under the Constitutions of India, every member of the Legislative Assembly is required to make and subscribe, before the Governor or some person appointed in that behalf by him, an oath or affirmation before taking his seat in the House. 26 The form of oath has been set out in the Third Schedule of the Constitution. 27 If a person sits or votes in the House, as a member before he has taken the oath or made affirmation, he is liable in respect of each day on which he sets or votes to a penality of five hundred rupees to be recovered as a debt due to the State. 28 After each election, the first sitting of the Assembly is earmarked for the purpose of making and subscribing oath or affirmation by the newly elected members. This sitting is presided over by the Acting Speaker or by the Speaker Protem 29 because the Speaker of the dissolved Assembly vacates his office immediately after the first meeting of the new Assembly constituted after the general elections. 30 The Speaker can permit a member who cannot express himself in either of the languages viz. Hindi or English to make and subscribe the same in his 26 The Constitution of India, Article 188.. 27 "I... : having been elected (or nominated) a member of the Legislative Asseil1bly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which lam about to enter. 28 The Constitution of India Article 193 29 Ibid., Article 180 (1). 30 Ibid., Article 179. 91
mother tongue. 31 Although according to Article 188, a member can make and subscribe an oath or affirmation before the Governor or any person appointed by him for the purpose at any time even outside the House, yet it is a practice to take oath in the House. If the Oath is administered at a sitting of the House, it forms a part of the proceedings and if it is administered outside the House, it is not included in the proceedings of the House. 32 For example, the Leader of the Opposition, raised a point of order that the oath administered by the Governor to the Chief Minister BhajanLal in Delhi, fell outside the State of Haryana, and therefore, it is illegal and unconstitutional and as such the very constitution of his Cabinet was also illegal and unconstitutional. 33 But the Speaker overruled the objection saying that "the point raised is whether the oath administered by the Governor to the Chief Minister in Delhi meets the requirement of the Constitutional provision relating to administration of oath. The point does not relate either to the interpretation or enforcement of the Rules of Procedure and Conduct of Business in the Punjab Legislative Assembly nor does it relate to the interpretation or enforcement of such Articles of the Constitution as regulate the business of the House are prescribed in Chapter III or part VI of the Constitution, whereas the provision of the Constitution relating to the administration of oath by the Governor to the ministers including Chief Minister, is contained in Article 164 (3) which forms a part of Chapter II of part VI of the Constitution relating to the Executive of the State. Hence, the point raised is not a point of order. Article 164(3) requires that the oath of office and secrecy must be administered to a Minister before he enters upon his office and the oath must be in the form set out for this purpose in the Third 31 Ibid., Article 210. 32 M.N. Kaul and S.L. Shakdhar, Practice and Procedure of Parliament, Delhi: Metropolitan, Second (1972) edn. Pp. 309-10. 33 Haryana Vidhan Sabha Debates. 92
Schedule. It does not lay down that the oath must be administered at a place within the territorial limit of a State. Moreover, the oath to the Chief Minister was administered in Canal Rest House, Delhi which is the property of the Government of Haryana. So there is no other provision in the Constitution which say make it obligatory for the Governor to administer the oath of office and secrecy to a Minister inside the territorial limit of a State. Hence, there is no merit in the objection raised by the Leader of the Opposition. 34 Quorum Under Article 189 (3) of the Constitution of India, the quorum to constitute a sitting of the House is one-tenth of the total membership. The 42 nd amendment of the Constitution provided that the House should fix up its own quorum. However, the Forty-fourth Constitution Amendment Act restored the earlier position. 35 In Haryana Assembly also, the same provision is there. No business can be transacted for want of quorum. For example, in Haryana Assembly, a no-confidence motion was not allowed to be moved for want of quorum. 36 Again on February 6, 1996, the Speaker ruled that "Rule 76 of rules of procedure read if the number of members prescribed as quorum by Article 189 (3) are not present, the person presiding, unless he is satisfied, shall direct the division bells to be sounded and at the expiration of two minutes shall count the number of members present in the House. If less than the required number is present he shall adjourn the Assembly till the next day or suspend the meeting till such number is present. 37 The Speaker gave this ruling when there was want of quorum, as pointed out the leader of the House, during the discussion on Annual Financial Statement of Haryana State Electricity Board. 34 Ruling given by the Speaker, Haryana Vidhan Sabha Debates. 35 J.R. Siwach, O.P. Cit., p. 153. 36 Haryana Vihdan Sabha Debates, VOl.1, No.5, January 7, 1996, Morning Sitting. 37 Ruling given by the speaker, Haryana Vidhan Sabha Debates, Vol. 1, NO.9 93
Party Position in Various Assemblies : 1996 2009 The strength of various political parties in different assemblies under study has been displayed in Table 3.3 Table 3.3 Party Position in different Assemblies (1996-2009) Parties 1996-2000 2000-2005 2005-2009 2009-2013 Congress (i) 12 21 67 40 Congress (s) - - - - Indian Congress (s) - - - - Congress (J) - - - - A.I.I.C. (T) - - - - BJP 11 6 02 04 CPI - - - - CPI (M) - - - - HVP 33 2 - - Lok Dal/INLD - 47 09 31 Lok Dal (A) - - - - Lok Dal (B) - - - - Janata Party - - 1 - Janata Dal - - - - J.D. (U) - - - - J.D. (S) - - - - Doordarshni Party - - - - Samata Party 24 - - - Shiv Sena - - - - IIFB - - - - NCP - 01-01 SP - - - - RPI - 01-01 RSD - - - - SJP (Rashtriya) - - - - 94
BSP - 01 01 01 RLD - - - - CPI (M) Lib. - - - - NLP - - - - BJKP - - - - SJP - - - - ABP - - - - ASP - - - - AIHM - - - - RJD - - - - AIJS - - - - SSP - - - - JD (V) - - - - SAMAJWADI PARTY - - - - AIFB - - - - CPI (ML) (L) - - - - I.P. - - - - BNP - - - - BRPP - - - - BJKP - - - - ES - - - - IJP - - - - JJJKML - - - - LJP - - - - LP (S) - - - - NLP - - - - NSSP - - - - SEP - - - - HJC - - - 06 SAD - - - 01 INDEPENDENTS 10 11 10 07 TOTAL 90 90 90 90 95
Table 3.3 points out the number of political parties keeps on increasing from election to elections and aggregates to 53 in 2005 Assembly elections. However, the congress was dashed to ground with 9 seats in 1996 Assembly polls. But the HVP got 33 seats and its ally - the BJP 11 and they formed the government. The Samata Party got 24 seats and the number of independents rose to 10. Again the Congress could not perform well in 2000 Assembly poll with 21 seats and the INLD secured 47 seats apart from 6 obtained by the BJP its ally. The HVP was reduced to 2 seats whereas the number of Independents rose to 11. The remaining 2 seats were fetched by the splinter groups like NCP and RPI. In 2005 Assembly Elections Indian National Congress has got full majority by housing 67 seats and the other parties representation in Haryana Assembly as independent with 10 seats, Indian National Lok Dal got 9 seats BJP has secured 02 seats and National Congress Party (NCP) and BSP has got only one seat each. However in 2009 Haryana state Assembly elections Indian national Congress had a steep decline in no. of seats with only 40 seats and the INLD has improved its position in assembly by having 31 seats. With respect to that independent candidates have scored 7 seats and Haryana Jan Hith Congress attain 6 seats, BJP has 04 seats and BSP & SAD has scored one seat each. The development of the legislative body in India can be traced in the constitutional history of the British Rule. The Regulating Act of 1773 did not separate legislative functions from the executive. In 1883, the Charter Act introduced the first element of the institutional specialization. The law making meetings of the Legislative Council were made different from its executive meetings and the nucleus of Legislature was thus created. The Charter Act, 1853, provided for a Legislature which was described as a Council for making 96
laws and regulations. The Indian Council Acts or 1861 and 1892 expanded the representation in various legislative bodies. The Government of India Act, 1919 marked an important advance in the evolution of the Central Legislature. It was not a legislature in name but was armed with vast legislative powers. Furthermore, the Government of India Act, 1935 empowered the Legislature to make laws in respect of the subjects enumerated in the Federal and Concurrent lists. However, the Federal Legislature under the Act of 1935 was mainly a deliberative body. In 1947, after independence, the old Central Legislature disappeared and in its place came the Constituent Assembly which later was converted into the Provisional Parliament. 38 The legislative bodies of the world have attempted to model themselves on the pattern of British Parliament, picturesquely called "Mother of Parliament". Similarly, Indian legislatures also observed most of the form and buld of the practices of the British Parliament. 39 The constitution makers also decided that "the Central Government should be based on the English Model. 40 Sardar Patel, JawaharLal Nehru and Dr. Ambedkar also supported this view while drafting the legislative provisions of the constitution of India. 41 In effect the dominant goal of the Constituent Assembly was to bring popular opinion into the Halls of Governments. 42 Hence the constituent assembly achieved this goal through the provision of a direct representation of voters in genuinely popular Assemblies. 43 In this context of a parliamentary system of government, the functions of parliament in India were envisaged to be legislative : to make laws, for the good government of the country and to legitimize the rules and regulations issued by the government to serve as a check on the executive, attempting at all 38 See Maya Dube, Speakers in India, New Delhi : S. Chand & Co., 1971. 39 HardwariLal, Mayth and Law of Parliamentary Privileges, New Delhi : Allied, 1979, pp. 18-19. 40 K.M. Munshi, Constituent Assembly Debates, Vol. VII, P. 984. 41 Constituent Assembly Debates, Vol. IV, P.S. 80. 42 R.B. Jain, Indian Parliament : Innovation, Reforms and Development, Calcutta : Minerva Associates, 1976, p. 3 43 Ibid 97
times to scrutinize its action and guard against its transgressions against the citizens, or simply to act as a body of Ombudsman, looking into and seeking to remedy the grievances of citizens against the acts of commissions and commissions of the was looked upon as the mirror of peoples mind and guardian of their liberties. 44 The legislatures, in modern times, are not merely law-making bodies or supervisory authorities of the executive but they also reflect the varied interests and combined will of the people. 45 The legislature in a representative democracy, is projected as a society in microcosm. It is an instrument of power, but not when the state aims at bringing socialism, the legislature aims at maximum welfare by publishing the people s power. Now the parliament is government by discussion, any argument which might clash, no doubt and yet lead to binding conclusions. 46 Legislature and government are not end in themselves, they are means to attain certain ends. These ends must be connected with the needs, values and interests of millions who are subjects of that government. The needs of the common man are food to save him from hunger, clothes to cover his nakedness and housing to shelter him from the sun and rain, recreation to add some mirth to this drab life and education to enable him to earn his livelihood. A state that does not enable him to secure these needs becomes a meaningless institution for him. The legislature provide the citizenry a chance of full discussion and ventilation of all problems and grievances of the society. So the legislature are essentially a critical from or the sounding board of the nation which derive their influence from their ability to speak for the people. Hence the legislature are called pivotal institutions which stand midway between the state and the citizens. 44 Ibid 45 C.M. Jain, State Legislatures in India, New Delhi : S. Chand and Co., 1972, p. 72. 46 HirenMukerjee, India and Parliament, New Delhi : People s Publishing House, 1962, p.4. 98
Under, a parliamentary system, every legislature has to work in accordance with the provisions of the constitutions, the rules of procedure and conduct of business, laid down by that assembly and certain conventions, which have taken deep roots in the country. 47 47 Constitution of India, Article 172(1). 99