State Legislature, Powers and Functions of Legislative Council

Chapter III of Part VI  deals with Important parts of the Constitution is State Legislature. Articles 168 to 212 Part VI deals with the State Legislature including the constitution of Organization, Duration, composition, officers and So on related to that Constitution. It is a very Important Concept for All the Competitive Exams. Candidates can get detailed information regarding the State Legislature and State Legislative Council.

What is the State Legislature?

The State Legislature is the law-making body of a state in India. It is made up of two houses: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). The Legislative Assembly is the lower house, and the Legislative Council is the upper house. The Legislative Assembly is directly elected by the people of the state. The number of seats in the Legislative Assembly varies from state to state, depending on the population of the state.

But In Legislative Assemble, there should not be a Maximum seats of 500 and should not be below 60 in any state. Also, Exceptional Cases in some states like Goa, Arunachal Pradesh And Sikkim. The Legislative Council is indirectly elected by the members of the Legislative Assembly, local government bodies, and other educational and professional institutions.

The State Legislature has the power to make laws on all matters that are not specifically mentioned in the Union List or the Concurrent List of the Constitution of India. The Union List contains matters that are exclusively under the jurisdiction of the Union Government, while the Concurrent List contains matters that are under the jurisdiction of both the Union Government and the State Governments.

The State Legislature also has the power to control the finances of the state. It can approve the budget of the state government and it can also levy taxes. The State Legislature also has the power to create and abolish offices in the state government. The State Legislature is an important part of the federal system of government in India. It is responsible for making laws that are specific to the state and it also has the power to control the finances of the state. The State Legislature is also responsible for electing the President of India.

Bicameral and Unicameral States

There are two main types of legislatures: bicameral and unicameral.

• Bicameral Legislatures: A Bicameral Legislature in a state means that the state has two separate houses for making laws. These two houses are the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). The Legislative Assembly is directly elected by the people and has more power. The Legislative Council, on the other hand, has members who are partly elected by various groups and partly nominated. Not all states in India have a bicameral legislature; only a few, like Maharashtra, Karnataka, Bihar, up, Bihar and Telangana have both houses.
• Unicameral legislatures: A unicameral legislature in a state means that there is only one house or assembly responsible for making laws. Unlike a bicameral system, which has two houses (like the Lok Sabha and Rajya Sabha at the national level), a unicameral state legislature is more straightforward. All the elected representatives come together in a single chamber to debate and pass laws. This system is often found in smaller states or regions where a single house can efficiently manage legislative duties. It allows for quicker decision-making but may lack the checks and balances provided by a second chamber.

Procedure of State Legislature – Legislative Assembly

The Legislative Assembly, also known as the Vidhan Sabha, is the lower house of the state legislature in India. It plays a crucial role in the functioning of the state government, making laws, and representing the people. The procedures followed in the Legislative Assembly are designed to ensure that the process of law-making is orderly, transparent, and democratic.

Session of the Legislative Assembly

The state Legislative Assembly typically holds sessions three times a year: the Budget Session, the Monsoon Session, and the Winter Session. The Governor of the state calls these sessions. During a session, members meet to discuss and debate various issues, introduce bills, and vote on important matters. A session can last from a few days to several weeks, depending on the agenda.

Introduction and Passage of Bills

The process of law-making begins with the introduction of a bill, which is a proposal for a new law or an amendment to an existing law. Bills can be introduced by ministers (government bills) or by any member of the assembly (private member bills). Once a bill is introduced, it goes through several stages, including a general discussion, detailed examination by a committee, and voting. If a bill is passed by the assembly, it is sent to the Governor for approval to become law.

Question Hour and Zero Hour

The Question Hour is the first hour of every assembly session where members ask questions to ministers about their departments’ functioning. It is a crucial tool for holding the government accountable. Following the Question Hour, Zero Hour is an informal session where members can raise urgent matters without prior notice.

Voting and Decision Making

Voting is an essential part of the assembly’s functioning. Decisions in the Legislative Assembly are made based on the majority of votes. Members can vote in different ways, including voice votes, division votes, or using electronic voting systems. The Speaker of the Assembly oversees the voting process and ensures that it is conducted fairly.

Role of the Speaker

The Speaker of the Legislative Assembly plays a vital role in maintaining order during debates, ensuring that all members have a chance to speak and that the rules of the assembly are followed. The Speaker also has the authority to decide on points of order and can cast a vote in case of a tie.

Procedure of the State Legislature – Legislative Council

The State Legislative Council, also known as the Vidhan Parishad, is the upper house in the bicameral legislatures of certain states in India. Not all states have a Legislative Council; it exists only in a few states as a permanent body, which cannot be dissolved. The Legislative Council acts as a house of review, similar to the Rajya Sabha at the national level.

Composition and Membership

The members of the State Legislative Council are not directly elected by the public. Instead, they are chosen through various methods, including elections by members of the Legislative Assembly, graduates, teachers, and local authority members. Some members are also nominated by the Governor of the state. The strength of the Legislative Council varies but cannot exceed one-third of the total membership of the State Legislative Assembly, with a minimum strength of 40 members.

Functions and Powers

The State Legislative Council has a role in reviewing and suggesting amendments to bills passed by the Legislative Assembly. However, it does not have as much power as the Legislative Assembly. While it can delay legislation and recommend changes, it cannot ultimately prevent a bill from becoming law if the Legislative Assembly insists. The Council also plays an advisory role, offering expertise and experience in legislative matters.

Importance and Criticism

The existence of a State Legislative Council is often debated. Supporters argue that it provides a necessary check on the Legislative Assembly and brings in experts who can contribute to more thoughtful legislation. Critics, however, see it as redundant and argue that it can slow down the legislative process. Some states have even abolished their Legislative Councils due to these criticisms.

Duration of Legislative Assembly & Legislative Council

The composition involves a mix of nomination and indirect election, following proportional representation via single transferable vote. Members are sourced diversely, creating a varied Council. Roughly, 5/6 members are indirectly elected and 1/6 nominated. The Legislative Assembly’s term is five years, subject to early dissolution by the Governor.

During an emergency, Parliament can extend it by up to one year at a time, not exceeding six months after the emergency ends (Article 172(1)). In contrast, the Legislative Council isn’t dissolved like the Assembly. It’s a permanent body unless both the Legislative Assembly and Parliament abolish it through proper procedures. Yet, no member is permanent as one-third retire every two years, amounting to a six-year term. Re-election after a term is possible.

(a) One-third of the Council members are elected by local body members like municipalities and district boards.
(b) One-twelfth are elected by graduates with a three-year standing in the state.
(c) Another one-twelfth are elected by teachers with 3 years’ experience in state educational institutes above secondary level.
(d) A third is elected by Legislative Assembly members who aren’t Assembly members themselves.
(e) The remaining are Governor-nominated individuals with expertise in science, literature, cooperatives, art, and social service. (The courts can’t question Governor’s nominations’ propriety or good faith.)

Limitation On Power of State Legislature

The power of a State Legislature is limited by the Constitution of India. It can only make laws on subjects listed in the State and Concurrent Lists but cannot override national laws or go against the Constitution. This ensures a balance of power between the state and central governments.

• Subject Matter Restrictions:

The State Legislature is allowed to make laws only on topics listed in the State List and Concurrent List as per the Constitution. It cannot create laws on matters that fall under the Union List, which are controlled by the Parliament.

• Constitutional Compliance:

Any law passed by the State Legislature must adhere to the Constitution. If a law contradicts the Constitution, it can be challenged in court and declared invalid.

• Supremacy of Central Laws:

In cases where a state law conflicts with a central law on a Concurrent List subject, the central law takes precedence. The state law will be overridden unless it has received approval from the President.

• Governor’s Authority:

The Governor has the power to withhold certain bills passed by the State Legislature and send them to the President for consideration, providing a check on the Legislature’s power.

• Financial Constraints:

The State Legislature cannot levy taxes on subjects that are reserved for the Union List. Also, money bills can only be introduced with the Governor’s prior approval.

• Emergency Provisions:

During a national emergency, the Parliament can take over the power to make laws on subjects in the State List, limiting the State Legislature’s authority.

• Judicial Oversight:

Laws made by the State Legislature are subject to judicial review. The courts can nullify any law that violates the Constitution, thereby restricting the Legislature’s powers.

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