State Legislature in India [UGC-NTA Net Political Science]

August 31, 2015 December 28, 2024

The State Legislature is important component of India’s political framework. It serves as the legislative authority at the state level, responsible for creating laws and overseeing the functioning of the state government. The structure of the State Legislature can vary across different states, with some having a bicameral system and others a unicameral system.

Composition of State Legislature

The composition of the State Legislature varies based on whether a state has a bicameral or unicameral system.

Bicameral vs. Unicameral

Bicameral: States with two houses include a Legislative Assembly (Vidhan Sabha) and a Legislative Council (Vidhan Parishad).
Unicameral: States with a single house consist only of a Legislative Assembly.

Houses of the State Legislature

The State Legislature comprises two main houses in bicameral states.

Legislative Assembly (Vidhan Sabha)

Members are directly elected by the populace.
Term length is five years.
Minimum age to contest elections is 25 years.
Strength varies by state, with a minimum of 60 and a maximum of 500 members.

Legislative Council (Vidhan Parishad)

Members are indirectly elected and nominated.
Term length is six years.
Minimum age to contest elections is 30 years.
Strength is capped at one-third of the Legislative Assembly’s total members.

Powers and Functions of the State Legislature

The State Legislature wields powers across various domains.

Legislative Powers

Enacts laws on subjects listed in the State List and Concurrent List.
Can amend the Constitution in relation to state matters.

Financial Powers

Approves the state budget.
Has the authority to levy taxes, adhering to constitutional provisions.

Executive Powers

Oversees the functioning of the state government.
Approves appointments made by the Governor.

Judicial Powers

Has the power to impeach the Governor and other constitutional authorities.

Sessions of the State Legislature

The State Legislature typically convenes in three sessions each year.

Types of Sessions

Budget Session: Focuses on discussing the budget and financial matters.
Monsoon Session: Addresses legislative business and pending bills.
Winter Session: Concentrates on pending legislation and other important issues.

Legislative Process

The legislative process involves several key steps for the introduction and passage of bills.

Introduction of Bills

Bills may be introduced in either house, except for Money Bills, which can only be introduced in the Legislative Assembly.

Types of Bills

Ordinary Bills: Require a simple majority to pass.
Money Bills: Must be passed by the Legislative Assembly and cannot be amended by the Legislative Council.
Constitutional Amendment Bills: Require a special majority for passage.

Approval Process

Bills must be passed by both houses in bicameral states.
All bills require the Governor’s assent to become law.

Role of the Governor

The Governor plays a very important role in the functioning of the State Legislature.

Acts as the constitutional head of the state legislature.
Summons and prorogues legislative sessions.
Gives assent to bills passed by the legislature.
Can dissolve the Legislative Assembly if necessary.

Legislative Committees

Various committees exist to streamline legislative activities.

Types of Committees

Select Committees: Review bills in detail.
Standing Committees: Monitor ongoing government activities and policies.
Public Accounts Committee: Examines the state’s finances and expenditures.

Political Dynamics

The political landscape in the State Legislature is shaped by party dynamics.

The party or coalition with a majority in the Legislative Assembly forms the government.
The Chief Minister usually leads the majority party.

Elections

State Assembly elections are a fundamental aspect of the democratic process.

Conducted by the Election Commission of India.
Held every five years to elect members of the Legislative Assembly.

Disqualifications

Members of the State Legislature can face disqualification under specific provisions.

Grounds for disqualification include defection, unsound mind, and other constitutional provisions.

Special Provisions

Certain states have unique legislative frameworks.

Article 371 of the Constitution allows for special provisions in specific states.
This can include unique legislative processes and structures to accommodate regional needs.