STATE LEGISLATURE
1. Unicameral State:
- A Unicameral State is one where the legislature consists of a single house, responsible for making and implementing laws for the state or country.
- The legislative body in a Unicameral State is known as the Legislative Assembly or Vidhan Sabha.
- The Legislative Assembly holds central power in the state, and its decisions are considered final.
- It has the authority to create laws on subjects in the State List and the Concurrent List, provided they do not conflict with existing laws made by the Parliament.
- The Legislative Assembly controls the state's finances, exercises authority over the Council of Ministers, and participates in the election of the President of India.
2. Bicameral State:
- A Bicameral State has a legislature with two houses, each serving distinct roles and functions in the legislative process.
- The legislative body in a Bicameral State consists of two chambers: the Legislative Assembly (Lower House) and the Legislative Council (Upper House).
- The Legislative Assembly, being the popularly elected chamber, holds more power in the state's legislative matters.
- The Legislative Council, on the other hand, serves primarily in an advisory role and cannot reject money bills. It can only delay non-money bills for up to three months and can make recommendations.
- The Constitution does not fix the composition of the Legislative Council, and its creation or abolition depends on the Parliament's decision.
- Some states have abolished their Legislative Councils, while others continue to maintain them.
3. Abolition of Creation of Legislative Councils
- The Legislative Council (also known as Vidhan Parishad) is the upper chamber of a bicameral legislature in our country. Article 169 of the Indian Constitution provides for its establishment, and it can also be removed under the same provision.
- In several of our country's states, the Legislative Council is mentioned in Article 168. In the state of India, there is no requirement for a bicameral legislature. It's because our founding fathers recognised that a bicameral legislature would not be achievable in every state (due to financial or any other reason).
- The Legislative Council is created or abolished under Article 169. The Legislative Legislature must approve a resolution with the backing of more than half of the entire strength of the assembly to create or abolish the Legislative Council.
4. Composition of Houses
The composition of the Legislative Assemblies is discussed under Article 170 of the Indian Constitution. The purpose of this article is to highlight the organization of the state's Legislative Assemblies. Article 171 of the Indian Constitution, on the other hand, specifies the composition of the Legislative Council.
State Legislature- Legislative Assembly (Vidhan Sabha)
- The Legislative Assembly is a legislature that is elected by the people and is the true seat of power in a state. An assembly's maximum strength must not exceed 500 pounds, and its minimum strength must not be less than 60 pounds. However, several states, such as Sikkim, Arunachal Pradesh, and Goa, have been allowed to have smaller legislative assemblies.
- The designation of territorial constituencies should be done in such a way that the ratio between the population of each constituency and the number of seats awarded to it is consistent across the State.
- Apart from these broad provisions, there are also specific provisions for the representation of SC and ST people. If the Governor believes the Anglo-Indian community is underrepresented in the assembly, he can designate one member from that community.
State Legislature- Legislative Council (Vidhan Parishad)
The composition of the Legislative Council is given in Article 171 of the Indian Constitution. The total members in the Legislative Council should not exceed one-third of the total members in the state Legislative Assembly.
There is another criteria for the composition of the Legislative Council. The member in the Legislative Council should not be less than 40 in any case. There is an exception in the composition of Vidhan Parishad.
The composition of the Legislative Council can be further divided in the following way:
- One-third of the members of the Legislative Council should be elected from the district boards, municipalities, and other local authorities which are specified by the Parliament according to law.
- One-twelfth of its members shall be elected from the person who has been residing in the same state for the time period of at least three years and graduated from the university which is in the territory of India.
- One-twelfth of its total members should be elected from the person who is engaged in the teaching profession for at least three years in the educational institution of the state itself.
- One-third should be elected by Legislative Assemblies and none of them should be a member of the Legislative Assembly.
- The remainder of the members should be nominated by the Governor according to the established law.
5. State Legislature Powers and Functions
State legislatures, also known as state assemblies or state parliaments, hold significant powers and functions in a federal system of government. They are the legislative bodies at the state level and play a crucial role in governance, lawmaking, and representing the interests of their respective states. The specific powers and functions of state legislatures may vary depending on the country's constitution and the distribution of powers between the central government and the states. Here are some common powers and functions of state legislatures:
- Legislative Powers: State legislatures have the authority to create laws on matters specified in the State List of the federal constitution. These subjects may include public health, education, local government, agriculture, police, public order, and more. State laws passed by the legislature are applicable within the state's territorial boundaries.
- Concurrent Powers: In some countries, state legislatures may have concurrent powers, which allow them to legislate on matters that fall under both the State List and the Concurrent List. However, in case of a conflict between a state law and a central law on a concurrent subject, the central law prevails.
- Financial Powers: State legislatures have control over state finances. They play a significant role in the budgetary process by passing budget bills, authorizing government expenditure, and approving taxation measures. Money bills, which deal with financial matters, can only be introduced in the legislative assembly.
- Executive Oversight: State legislatures exercise oversight on the executive branch of the state government, which includes the Chief Minister and the Council of Ministers. Members of the legislature can question the government, participate in debates, and pass resolutions to hold the executive accountable.
- Passage of Bills: State legislatures are responsible for considering and passing bills related to various issues and sectors. Bills can be introduced by government ministers or private members (non-ministerial legislators). The legislative process involves readings, discussions, debates, and voting on each bill.
- Passing of Resolutions: Besides bills, state legislatures can pass resolutions to express their views, make recommendations, or address specific issues. These resolutions may not have the force of law but carry political significance.
- Representation of Interests: Members of the state legislature represent the interests and concerns of their constituents or regions. They act as a bridge between the people and the government and advocate for policies that benefit their communities.
- Constitutional Amendments: In countries with a federal constitution, state legislatures may have a role in the amendment process of the national constitution. Some constitutional amendments require the ratification of a certain number of state legislatures to come into effect.
- Emergency Powers: During a state of emergency, state legislatures may have specific powers to pass laws or measures required to address the emergency situation effectively.
- Participating in Presidential Elections: In federal systems with a presidential form of government, members of state legislatures often participate in the election of the country's President.
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Previous year Questions
1. With reference to the Legislative Assembly of a state in India, consider the following statements: (UPSC 2019)
1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
2. 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?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: C
2. Consider the following statements: (UPSC 2015)
1. The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.
2. The Governor of a State nominates the Chairman of the Legislative Council of that particular State.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: D
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