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Legislature - Definition - Law Dictionary Home Dictionary Definition legislature

Definition :

Legislature, is the body of persons in a State authorised to make, alter and repeal laws. It may consist of one or two Houses with similar or different powers, Office of the Speaker in the Parliaments of Commonwealth Wilding and Philip Laundry, p. 429.

Union legislature is known as Parliament which consists of the two houses and President, Constitution of India, Art. 79.

State legislature consists of one or two Houses and Governor, Constitution of India, Art. 168.

Legislature, the power that makes laws. See PARLIAMENT.

The word 'legislature' in the first part of Art. 252(1) of Constitution, in the context in which it appears, cannot mean the three component parts of the State legislature contemplated by Art. 168, but only the House or Houses of Legislature, as the case may be, i.e., excluding the Governor. There is a clear distinction between 'an Act of legislature','a legislature act' and a 'a resolution of the House', Union of India v. Valluri Basavaiah Chowdhary, AIR 1979 SC 1415: (1979) 3 SCC 324: (1979) 3 SCR 802.

The word 'legislature' in Article 389 of the Constitution of India used in larger sense, namely, comprising all the units that were concerned in the entire legislative process and included His Majesty represented by the Governor-General of the Governor, as the case might be, Bhairebendra Narayan Bhup v. State of Assam, AIR 1956 SC 503 (510). [Constitution of India, Art. 389]

The words 'Legislature' means the House of Legislature and does not include the Governor within its ambit. This word has not the same meaning in all the articles. In some articles it means the Governor as well as the House of Legislature, while in a number of other articles it only means the House or House of Legislature, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252 (300): 1952 SCR 1056.

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