State Legislature – Indian Polity Notes

The State Legislature is addressed in Chapter III of Part VI of the Constitution. It is made up of the state legislature and the Governor. Part VI of the Constitution deals with the state legislature's organization, composition, duration, offices, processes, privileges, powers, and so on.

This article will give you important information about the state legislature that will help you prepare for the UPSC Exam.

State legislature

• The State Legislature's aim and objective are to create and introduce bills that are relevant to the state. Many powers and privileges are granted to members of the State Legislative Assembly that are equal to those granted to members of Parliament, however, these powers and functions are limited to that particular State.
• The Constitution of India discusses the relevant details regarding important constituents and requirements within the State Legislative Assembly in Articles 168 to 212.
• India's legislative system is bicameral.
• Article 169 of the Constitution allows states to have a Legislative Council in addition to the Legislative Assembly, much as Parliament does.
• The six states with a Legislative Council are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka.

Bicameral and Unicameral States

Unicameral State:

• A unicameral legislature is one in which just one legislative chamber performs all functions, such as adopting laws, passing budgets, and debating national and international issues.
• Because most countries have a unicameral legislature, it is the most common. It is an effective kind of legislation since it makes the law-making process easier and decreases the probability of obstacles.

Bicameral State:

• We refer to a bicameral legislature as a state with two separate law-making houses that execute functions such as passing the budget and enacting legislation. At the national level, India has a bicameral legislature, but states can create their own.
• Only seven states in India have a bicameral legislature. A bicameral legislature, on the other hand, may not be as effective as a unicameral legislature.
• In certain circumstances, though, it acts as a stumbling block since it makes the legislative process more complicated.

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.

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.

State Legislature - Powers and Functions

Legislative Functions

• The State Legislature can formulate laws on the subject of State and Concurrent Lists. However, in case there is any contradiction between the Union and State law, the law decided by the Parliament shall prevail.
• Bills can be of two types- Ordinary Bills and Money Bills. Ordinary bills can be introduced in either of the two houses in case the State Legislature is bicameral, however, the Money Bill has to initially be introduced in the Vidhan Sabha.
• In case of an Amendment to the Bill, it should be agreed by both houses. A bill that is pending in the Legislative Council of a particular State which is not passed by the Legislative Assembly shall not lapse upon the dissolution of the Legislative Assembly.
• However, in case a bill is pending in the Legislative Assembly of a State, or if the bill passed by the Legislative Assembly is pending in the Legislative Council, the bill will lapse upon the dissolution of the Assembly. After the bill is passed by both the Houses, it is sent to the Governor for his approval.
• In case the bill is sent back for reconsideration, this bill can be passed again by Legislature, and the Governor has to give its assent or reserve assent for the consideration of the President.

Financial Functions

• The State Legislature has control over the finances of the State. A money bill can only be introduced in the Vidhan Sabha. The Money bill is inclusive of expenditure that is authorized by the government, imposition or abolition of taxes, borrowing, etc.
• Money bills cannot be introduced by a private member. It has to be introduced by a Minister on the recommendations of the Governor. In case of any confusion with regards to the certification of that particular bill being a money bill, the Speaker of the Vidhan Sabha would determine the same.
• This money bill after being passed by the Vidhan Sabha needs to be sent to the Vidhan Parishad. This bill needs to be returned within the time span of 14 days, with, or without any recommendations. The Vidhan Sabha may accept or reject these recommendations. After these stages are completed, this bill is sent to the Governor for his assent.

Privileges stated under the Constitution

• Similar to the powers stated under Article 105(1) for Members of Parliament of freedom of speech and expression and under clause (2) that no members of the Parliament will be held liable in any proceeding before any Court for anything said or any vote given by him.
• It further mentions that no individual will be held liable for any publication of any report, paper, votes, or proceedings if the publication is made by the parliament or any authority under it.
• Article 194 of the Constitution of India states the same privileges for a State legislative. This absolute privilege can be used by the concerned members only in the premises of the parliament and anything said outside the premise would be implied as defamatory.

Conclusion

• The State Legislative Assembly of any State possesses exclusive power to formulate laws in respect to any matters enlisted in List II (State List) and List III (Concurrent List) in the Seventh Schedule. However, the powers conferred upon the State Government with regards to control over the State and Concurrent lists are not completely justified.
• In reality, the decision of the centre is considered to be superior where control by the central government is considered to be expedient in the public interest by the Parliament of India.

FAQs

MCQs

1. Which of the following states has a bicameral legislature?

A. Rajasthan
B. Kerala
C. Uttar Pradesh
D. Gujarat

2. What is the maximum tenure of a Legislative Assembly?

A. 4 years
B. 5 years
C. 6 years
D. 3 years

3. Who appoints the members of the Legislative Council in a bicameral legislature?

A. The Governor
B. Direct election by the people
C. Indirect election through constituencies
D. The President of India

4. Which of the following has the final authority on the passage of money bills in a bicameral state legislature?

A. Legislative Council
B. Legislative Assembly
C. Governor
D. Speaker of the Legislative Assembly

5. Which list in the Seventh Schedule of the Indian Constitution pertains to subjects on which states can legislate?

A. Union List
B. State List
C. Concurrent List
D. Residuary List

GS Mains Questions and Model Answers

1. Discuss the role of the State Legislature in maintaining a federal balance in India.

Answer: The State Legislature plays a crucial role in maintaining the federal structure of India by providing states with legislative autonomy on subjects listed in the State List. This allows for governance at the local level, ensuring that regional issues and interests are addressed effectively. The power of the State Legislature to enact laws on matters of local importance, such as agriculture, health, and public order, helps maintain a balance between the Centre and the states. Moreover, the legislative assembly holds the executive accountable, further ensuring that governance remains decentralized and inclusive.

2. Compare the powers of the Legislative Assembly and the Legislative Council in a bicameral state legislature.

Answer: In a bicameral state legislature, the Legislative Assembly holds more power compared to the Legislative Council. The Assembly, being a directly elected body, has greater authority, especially in financial matters. For instance, money bills can only be introduced in the Legislative Assembly, and while the Legislative Council can suggest amendments, the Assembly can choose to accept or reject them. Additionally, ordinary bills passed by the Assembly can only be delayed by the Council for a maximum of four months. This ensures that the elected representatives in the Assembly have the final say on most legislative matters.

3. Analyze the significance of bicameralism in the states. What advantages does it offer?

Answer: Bicameralism in the states offers several advantages. The existence of a Legislative Council allows for more detailed scrutiny of bills passed by the Legislative Assembly, ensuring that legislation is thoroughly vetted. It also provides representation to different interest groups, such as graduates and local bodies, through indirect elections. This second chamber acts as a check on hasty decisions by the Legislative Assembly and provides a platform for experienced lawmakers to contribute to policy-making. However, it can also slow down the legislative process and lead to delays in the passage of laws.

Previous Year Questions on State Legislature

1. UPSC CSE Prelims 2018

Question: Which of the following states has a bicameral legislature?
A. Tamil Nadu
B. Madhya Pradesh
C. Maharashtra
D. Odisha

Answer: C

Explanation: Maharashtra is one of the states in India with a bicameral legislature, consisting of the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad).

2. UPSC CSE Mains 2019 (GS Paper 2)

Question: Examine the role of the Legislative Assembly in ensuring accountability of the executive in a state.

Answer: The Legislative Assembly plays a key role in ensuring the accountability of the executive in a state. Through tools such as question hours, debates, and motions, the Assembly provides a platform for legislators to scrutinize the policies and actions of the executive. The passage of the budget and financial bills is another significant area where the Assembly exercises control over the executive. Additionally, the executive is responsible to the Assembly, and if it loses the confidence of the majority, it can be dismissed, ensuring that governance remains accountable to the elected representatives of the people.