The state legislature in India is an essential component of the countrys federal structure. Each state has its own legislature to make laws on subjects under the State List and the Concurrent List as outlined in the Constitution of India. The composition and functions of the state legislature vary based on whether the state has a unicameral or bicameral legislature.
1. Composition of the State Legislature
1.1. Unicameral Legislature
Most Indian states have a unicameral legislature, consisting of only one house, the Legislative Assembly (Vidhan Sabha).
Legislative Assembly (Vidhan Sabha):
Membership: Members are directly elected by the people through general elections. The strength of the Legislative Assembly varies from state to state, depending on the population. The minimum number of members is 60, and the maximum is 500 (as per Article 170 of the Constitution).
Nomination: In some cases, one member from the Anglo-Indian community may be nominated by the Governor if the community is underrepresented. This provision was abolished in 2020 by the 104th Amendment.
Term: The term of the Legislative Assembly is five years, but it can be dissolved earlier by the Governor on the advice of the Chief Minister. In the case of an emergency under Article 356, the term may be extended.
1.2. Bicameral Legislature
A few states, such as Uttar Pradesh, Maharashtra, Bihar, Karnataka, Andhra Pradesh, and Telangana, have a bicameral legislature, consisting of two houses:
Legislative Assembly (Vidhan Sabha):
The structure and functioning are similar to the unicameral legislature.
Legislative Council (Vidhan Parishad):
Membership: Members are partly elected and partly nominated.
Composition:
One-third of members are elected by the members of the Legislative Assembly.
One-third are elected by local bodies such as municipalities and district boards.
One-twelfth are elected by teachers of secondary schools, colleges, and universities.
One-twelfth are elected by registered graduates.
One-sixth are nominated by the Governor for their expertise in fields such as literature, science, art, or social service.
Term: The Legislative Council is a permanent body, and one-third of its members retire every two years.
2. Powers and Functions of the State Legislature
2.1. Legislative Functions
The primary role of the state legislature is to make laws on subjects in the State List and Concurrent List as per the Seventh Schedule of the Constitution.
State List Subjects:
These include police, public health, agriculture, irrigation, local government, and fisheries.
Concurrent List Subjects:
These include education, forests, marriage, adoption, and succession, where both the state and central legislatures have jurisdiction.
The bills passed by the state legislature require the Governor's assent to become laws.
2.2. Financial Functions
The state legislature has significant control over the states finances:
Budget Approval:
The annual financial statement (state budget) is presented by the Finance Minister in the Legislative Assembly. No money can be withdrawn from the Consolidated Fund of the state without legislative approval.
Money Bills:
Money Bills can only be introduced in the Legislative Assembly. The Legislative Council (if present) can make recommendations, but the Assembly has the final say.
Appropriation and Taxation:
The legislature approves government expenditure and imposes taxes within its jurisdiction.
2.3. Executive Functions
The state legislature exercises control over the executive:
Question Hour:
Members can ask questions to ministers regarding administrative matters.
Motions and Resolutions:
Motions of no-confidence can be moved against the council of ministers, compelling them to resign if passed.
Legislative Committees:
Committees scrutinize government actions and expenditure.
2.4. Electoral Functions
Election of Rajya Sabha Members:
Members of the Legislative Assembly elect representatives to the Rajya Sabha (Council of States).
Election of President of India:
MLAs participate in the election of the President of India, forming part of the Electoral College.
2.5. Constitutional Functions
Amendments to the Constitution:
State legislatures play a role in constitutional amendments that affect federalism. Such amendments require ratification by at least half of the state legislatures.
Recommendation for Creation of Legislative Councils:
A state legislature can recommend the creation or abolition of a Legislative Council in that state through a resolution.
2.6. Miscellaneous Functions
Language:
The state legislature can decide on the official language of the state.
Privileges:
The legislature enjoys privileges to ensure the smooth functioning of its proceedings.
3. Distinction Between Legislative Assembly and Legislative Council
4. Role of the Governor in State Legislature
The Governor is an integral part of the state legislature and performs the following functions:
Summoning and Proroguing:
The Governor summons sessions of the legislature and can prorogue or dissolve the Legislative Assembly.
Assent to Bills:
The Governor may assent to bills, withhold assent, or reserve the bill for the President's consideration.
Ordinance Power:
Under Article 213, the Governor can issue ordinances when the legislature is not in session.
Addressing the Legislature:
The Governor addresses the legislature at the beginning of the first session each year and after general elections.
5. Importance of State Legislature in a Federal System
The state legislature strengthens Indias federal structure by addressing the unique needs and priorities of each state. It ensures localized decision-making while maintaining harmony with the central government.
6. Challenges Facing State Legislatures
Limited Powers:
The central governments overriding powers in the Concurrent List and during emergencies often curtail state legislative autonomy.
Weak Legislative Councils:
In bicameral states, Legislative Councils often face criticism for being redundant and merely delaying legislation.
Dominance of Executive:
The executive often dominates the legislature, undermining its role as a check on power.
Low Representation:
In some states, the absence of a Legislative Council limits representation for various groups like graduates and teachers.
Inefficiency and Disruption:
Frequent adjournments and disruptions reduce legislative productivity.
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