Introduction to the State Legislature
The State Legislature, a cornerstone of India's federal structure, is the primary law-making body at the state level. It plays a pivotal role in governing the state by enacting laws, controlling the executive, overseeing state finances, and representing the aspirations of its people.
Its powers and functions, primarily outlined in various articles of the Constitution (e.g., Articles 168-212, 245-255, 266-267), mirror those of the Union Parliament to a significant extent, albeit within the confines of the State List and Concurrent List, and subject to certain constitutional checks.
Source: M. Laxmikanth - Indian Polity, NCERT - Indian Constitution at Work
Core Powers & Functions Explained
15.9.1: Legislative Powers
The State Legislature's primary function is law-making for the state.
Jurisdiction
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State List (List-II, Seventh Schedule): The State Legislature has exclusive power to make laws on subjects enumerated in the State List (e.g., public order, police, public health, agriculture, local government, land, prisons).
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Concurrent List (List-III, Seventh Schedule): Both the State Legislature and Parliament can make laws on subjects in the Concurrent List (e.g., education, forests, trade unions, marriage, adoption, succession, criminal law).
- Repugnancy: In case of a conflict (repugnancy) between a Central law and a State law on a Concurrent List subject, the Central law prevails (Article 254).
- Exception: If the state law on a Concurrent List subject is reserved by the Governor for the President's consideration and receives President's assent, then the state law prevails in that state, notwithstanding its repugnancy to an earlier Parliament law. However, Parliament can subsequently enact a law overriding the state law.
Parliament's Power to Legislate on State List (Exceptions)
National Interest (Article 249)
If the Rajya Sabha declares by a resolution supported by a 2/3rd majority of members present and voting that it is necessary or expedient in the national interest. Such a law is valid for one year but can be extended.
National Emergency (Article 250)
During a Proclamation of National Emergency, Parliament can make laws on any item in the State List. Such laws cease to have effect six months after the emergency ceases to operate.
Agreement between States (Article 252)
If two or more states agree by resolution that Parliament should legislate on a State List matter for those states. Such a law applies only to those states and any other state that adopts it subsequently.
Implementing International Agreements (Article 253)
Parliament can legislate on any matter (even on the State List) for implementing any treaty, international agreement, or convention.
President's Rule (Article 356)
When President's Rule is imposed on a state, Parliament becomes empowered to make laws for that state concerning any matter in the State List.
Source: Articles 245-254, M. Laxmikanth - Indian Polity, NCERT - Indian Constitution at Work
15.9.2: Executive Powers (Control)
The State Legislature exercises control over the State Executive (Council of Ministers) to ensure accountability and good governance.
Collective Responsibility
The Council of Ministers is collectively responsible to the Legislative Assembly (Article 164(2)). This means the ministry remains in power only as long as it enjoys the confidence of the Assembly. If a no-confidence motion is passed, the entire ministry must resign.
Means of Control
- Questions: Members can ask questions (starred, unstarred, short notice) to ministers regarding policy and administration.
- Motions:
- Adjournment Motion: To discuss a definite matter of urgent public importance (requires support of 50 members).
- Calling Attention Motion: To call the attention of a minister to an urgent matter of public importance.
- Censure Motion: Expresses strong disapproval of the policy of the government or actions of a minister. If passed, it implies loss of confidence.
- No-Confidence Motion: Can be moved only in the Legislative Assembly against the entire Council of Ministers. If passed, the government falls.
- Discussions: Discussions on budget, policies, and various issues.
- Committees: Legislative committees (e.g., Public Accounts Committee, Estimates Committee) scrutinise the executive's actions, expenditure, and implementation of policies.
Source: Article 164(2), M. Laxmikanth - Indian Polity
15.9.3: Financial Powers
The State Legislature holds the purse strings of the state, controlling all financial matters.
- Enacting the Budget (Annual Financial Statement - Article 202): The State Legislature passes the annual budget, which details the state's estimated revenues and expenditures for the financial year.
- Imposing Taxes: No tax can be levied or collected without the authority of law passed by the State Legislature (Article 265).
- Authorising Expenditure: No money can be withdrawn from the Consolidated Fund of the State except through an Appropriation Act passed by the Legislative Assembly (Article 204).
- Financial Bills: Money Bills (Art 198, 199) and Financial Bills (Art 207) related to taxation and expenditure can only be introduced in the Legislative Assembly on the Governor's recommendation.
Control over Funds
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Consolidated Fund of State (Article 266): All revenues and expenditures requiring legislative approval.
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Public Account of State (Article 266): Funds held in trust, not requiring legislative approval for withdrawal.
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Contingency Fund of State (Article 267): Governor's imprest for urgent unforeseen expenditure, subject to later legislative approval.
Source: Articles 202, 204, 207, 265, 266, 267, M. Laxmikanth - Indian Polity
15.9.4: Constituent Powers
The State Legislature has a very limited role in amending the Constitution of India.
- Limited Role: State Legislatures cannot initiate any proposal for amending the Constitution. The power to initiate constitutional amendments rests solely with the Union Parliament.
- Ratification (Article 368): For certain types of constitutional amendments that affect the federal structure of the Constitution (e.g., election of President, distribution of legislative powers between Centre and States, representation of states in Parliament, or the Seventh Schedule), the amendment bill, after being passed by both Houses of Parliament, must also be ratified by the Legislatures of not less than one-half of the states by a simple majority.
- Creation/Abolition of Legislative Council (Article 169): While not a constitutional amendment, the State Legislature plays a role in its own structure. The Parliament can abolish or create a Legislative Council in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority (i.e., a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting). This is a legislative act of Parliament, not a constitutional amendment.
Source: Article 169, Article 368, M. Laxmikanth - Indian Polity
15.9.5: Electoral Powers
The State Legislature's members participate in various elections.
- Election of the President (Article 54): The elected members of the Legislative Assembly (MLAs) are part of the Electoral College that elects the President of India.
- Election of Presiding Officers:
- The Legislative Assembly elects its Speaker and Deputy Speaker from amongst its own members.
- The Legislative Council (if existing) elects its Chairman and Deputy Chairman from amongst its own members.
- Election of Rajya Sabha Members: The elected members of the Legislative Assembly of each state elect the representatives of that state to the Rajya Sabha (Council of States). The election is held in accordance with the system of proportional representation by means of the single transferable vote.
- Election of Legislative Council Members (if existing): In states with a bicameral legislature, about 1/3rd of the members of the Legislative Council are elected by the members of the Legislative Assembly from amongst persons who are not members of the Assembly. Other members are elected by local bodies, graduates, teachers, or nominated by the Governor.
Source: Articles 54, 80, 178, 182, 171, M. Laxmikanth - Indian Polity
15.9.6: Other Powers
Beyond the primary legislative, executive, financial, constituent, and electoral roles, State Legislatures perform several other functions.
- Deliberative Functions: Serve as forums for extensive deliberation and discussion on matters of public importance, state policies, socio-economic issues, and grievances of the people. This allows for diverse viewpoints to be heard and debated.
- Approval of Emergency Proclamations (Limited Role):
- National Emergency (Article 352): If a proclamation of National Emergency is in operation, Parliament becomes competent to legislate on State List matters. The State Legislature's role is largely suspended for subjects on which Parliament legislates.
- President's Rule (Article 356): When President's Rule is imposed on a state due to failure of constitutional machinery, the powers of the State Legislature are exercised by or under the authority of Parliament. The Legislative Assembly may be suspended or dissolved. Parliament then approves the proclamation and passes state legislation.
- Receiving Reports: Receives and discusses annual reports from constitutional bodies concerning the state, such as:
- The annual report of the Comptroller and Auditor General of India relating to the accounts of the state.
- The annual report of the State Public Service Commission.
- The report of the State Finance Commission.
- Quasi-judicial Powers: The State Legislature has the power to punish its members or outsiders for contempt of the House, breach of privilege, or obstruction of its functions.
- Ventilating Public Grievances: Provides a platform for members to raise issues concerning their constituencies and the state, thereby bringing public grievances to the attention of the government.
Source: Articles 352, 356, 151, 323, 243I, M. Laxmikanth - Indian Polity
Summary Table: Powers and Functions
| Power Type | Key Functions / Responsibilities | Constitutional Articles (Examples) |
|---|---|---|
| Legislative | Enacting laws on subjects in the State List (exclusive) and Concurrent List (shared with Parliament). Parliament's law prevails on Concurrent List in case of repugnancy, unless President's assent. Parliament can legislate on State List under specific conditions (Art 249, 250, 252, 253, 356). | Art 245-254 |
| Executive Control | Holding State Council of Ministers collectively responsible to the Legislative Assembly. Exercising control through questions, motions (adjournment, calling attention, censure, no-confidence - only Assembly), and legislative committees. | Art 164(2) |
| Financial | Passing Annual Financial Statement (Budget). Authorising expenditure from Consolidated Fund (Appropriation Bill). Levying, altering, or abolishing taxes (Finance Bill). Control over Consolidated, Public, and Contingency Funds. Money/Financial Bills originated only in Assembly on Governor's recommendation. | Art 202-207, 265-267 |
| Constituent | Limited: Cannot initiate amendments. Can ratify certain Constitutional Amendments affecting federal structure (by simple majority of half of states). Can pass resolution for creation/abolition of Legislative Council by special majority (Parliament then acts by simple law). | Art 169, 368 |
| Electoral | Elected members of Assembly participate in President's election. Elects Speaker/Dy Speaker (Assembly) and Chairman/Dy Chairman (Council). Elected members of Assembly elect Rajya Sabha members from the state. Elected members of Assembly elect 1/3rd of Legislative Council members (if bicameral). | Art 54, 80, 171, 178, 182 |
| Other Powers | Deliberative functions, debates on public importance. Receives and discusses reports (CAG, SPSC, State FC). Can punish for contempt/breach of privilege. Ventilates public grievances. Role limited during President's Rule. | Art 151, 323, 243I, 356 |
Exam-Ready Insights
Prelims-ready Notes
- Legislative Powers: State List (exclusive), Concurrent List (shared, Central law prevails unless President's assent to State law). Parliament legislates on State List under Art 249, 250, 252, 253, 356.
- Executive Control: CoM collectively responsible to Legislative Assembly (Art 164(2)). No-confidence motion only in Assembly.
- Financial Powers: Budget (Art 202), Voting on Demands for Grants (Art 203), No tax without law (Art 265), No money from Consolidated Fund without law (Art 204). Money/Financial Bills: Only Assembly, Governor's recommendation.
- Constituent Powers: Cannot initiate constitutional amendments. Ratification for federal changes (1/2 states, simple majority). Creation/Abolition of Legislative Council: Special majority in Assembly, then Parliament acts by simple law (Art 169).
- Electoral Powers: MLAs elect President (Art 54), Rajya Sabha members (Art 80), 1/3rd of MLCs (Art 171). Assembly elects Speaker/Dy. Speaker (Art 178). Council elects Chairman/Dy. Chairman (Art 182).
- Other Powers: Deliberative, receive reports (CAG, SPSC), quasi-judicial (privilege), ventilate grievances. Role limited in President's Rule (Art 356).
Mains-ready Analytical Notes
- Effectiveness of Bicameralism at State Level: The debate continues whether the Legislative Council truly serves as a useful second chamber for scrutiny or if it is an unnecessary drain on state finances and a house for political patronage, given its limited legislative and financial powers. (Source: Various ARC reports, Punchhi Commission).
- Executive Dominance: In practice, due to the majority rule and party discipline, the executive (Council of Ministers) often dominates the legislative process, reducing the effective scrutiny by the Legislature.
- Quality of Legislation: The increasing number of ordinances, hurried legislative processes, and lack of thorough committee examination sometimes raise concerns about the quality and effectiveness of state laws.
- Governor's Role: The Governor's power to assent or reserve bills (Articles 200, 201) can significantly impact state legislative autonomy and has often led to friction with elected state governments, particularly when different parties are in power at the Centre and State.
- Decline in Legislative Sittings: There has been a observed trend in many states of a decreasing number of legislative sitting days, potentially impacting the time available for detailed debate and scrutiny. (Source: PRS Legislative Research data).
- Rise of Ordinances: Increased reliance on ordinances by state governments (promulgated by Governor under Article 213) as a substitute for regular legislative processes, raising concerns about legislative bypass.
- Centralisation of Law-making: While states have exclusive powers over the State List, the increasing scope of the Concurrent List and Parliament's power to legislate on State List subjects (under specific conditions) can sometimes lead to a perceived centralisation of law-making.
- Evolving Federalism: The powers of State Legislatures are continually shaped by the evolving dynamics of Indian federalism, judicial pronouncements (e.g., on Governor's powers, basic structure), and political shifts.
- Addressing Local Issues: State Legislatures are crucial for enacting laws tailored to local conditions and problems (e.g., specific agricultural policies, urban development laws, disaster management, social welfare schemes).
- Fiscal Management: Their financial powers are vital for states to raise revenue, manage expenditures, control debt, and implement development projects. Fiscal health of states directly impacts national economy.
- Democratic Accountability: They serve as a critical forum for ensuring the accountability of the state executive to the people, holding ministers responsible for their actions and policies.
- Implementation of National Policies: State Legislatures often play a key role in passing enabling legislation for the effective implementation of national policies and Centrally Sponsored Schemes.
- State GST Laws: Post-GST implementation, state legislatures had to pass their respective State GST (SGST) Acts, demonstrating their financial powers in a reformed tax regime.
- Anti-conversion Laws: Several states (e.g., Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand) have passed their own anti-conversion laws, reflecting their legislative competence on issues of social order and public health (though often challenged in courts).
- Local Body Amendment Acts: State legislatures frequently amend municipal and panchayati raj acts to devolve powers, manage elections, and address local governance issues, demonstrating their control over local government (State List).
- Recent SC Judgements on Governor's role: The Supreme Court's pronouncements (e.g., regarding Tamil Nadu and Punjab Governors' assent to bills) underscore the importance of the legislative process and the need for constitutional propriety in the Governor's exercise of powers relating to bills passed by State Legislatures.
- Association of State Legislatures: Initiatives to promote best practices and facilitate experience sharing among state legislatures.
- e-Vidhan: Modernisation initiatives like 'e-Vidhan' aim to make state legislatures paperless and more efficient, enhancing their functioning.
- Legislative Research Bodies: Organisations like PRS Legislative Research provide data and analysis on legislative performance of both Parliament and state assemblies, highlighting trends in legislative sittings, bill passages, and committee work.
Current Affairs and Recent Developments (Last One Year)
- Debate on Governor's Assent to Bills (2023-24): The ongoing tussle between Governors and elected state governments in states like Tamil Nadu, Kerala, and Punjab over the assent/non-assent/delay of bills passed by the respective State Legislatures has brought the powers of the State Legislature (specifically Art 200, 201) into sharp focus. The Supreme Court has intervened, emphasizing the Governor's constitutional obligation to act "as soon as possible" on bills, reinforcing the primacy of the elected legislature. (Source: The Hindu, Indian Express, SC official website reports).
- State-specific Legislation: Many states have passed laws tailored to their specific needs, for instance, related to employment reservation for locals, control of online gaming, or new agricultural policies, showcasing the legislative capacity and relevance of state assemblies.
- Productivity of State Legislatures: Discussions often arise regarding the actual number of sitting days, the time spent on legislative business versus other matters, and the effectiveness of committee systems in state legislatures, reflecting ongoing concerns about legislative quality and accountability.
UPSC Previous Year Questions (PYQs)
Prelims MCQs:
Consider the following statements:
- The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
- The validity of a law placed in the Ninth Schedule cannot be examined by any court.
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: (a)
Hint/Explanation: Statement 1 is correct (Parliament can amend the Constitution, including adding laws to Ninth Schedule). Statement 2 is incorrect. The SC, in I.R. Coelho case (2007), ruled that laws placed in the Ninth Schedule after April 24, 1973 (date of Kesavananda Bharati judgment) are open to judicial review based on the basic structure doctrine. This is relevant as state land reform laws, often placed in the 9th Schedule, are passed by State Legislatures.
Which of the following statements is/are correct regarding the Preamble of the Indian Constitution?
- The Preamble is a part of the Constitution and can be amended.
- The Preamble is not a part of the Constitution and cannot be amended.
- The Preamble is a part of the Constitution but cannot be amended.
- The Preamble is not a part of the Constitution but can be amended.
- (a) 1 only
- (b) 2 only
- (c) 3 only
- (d) 4 only
Answer: (a)
Hint/Explanation: This question tests the 'constituent power' aspect of the Indian polity. While it's about the Preamble, it underlines that the power to amend the Constitution rests with Parliament, not state legislatures, although states have a ratification role for certain amendments.
The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the:
- (a) Lok Sabha by a simple majority of its total membership
- (b) Lok Sabha by a majority of not less than two-thirds of its members present and voting
- (c) Rajya Sabha by a simple majority of its total membership
- (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting
Answer: (d)
Hint/Explanation: This directly tests the legislative power of Parliament over the State List (Art 249), which is a key exception to the State Legislature's exclusive domain.
Mains Questions:
"The Governor is but a figurehead." In light of this statement, examine the role of the Governor in the Indian political system.
Direction: This question, while broad, directly relates to the powers of the State Legislature. The Governor's power of assent/reservation of bills (Articles 200, 201) is a significant aspect. A good answer would discuss how this power can impact the legislative autonomy of state legislatures and be a source of friction, thereby showing that the Governor is more than a figurehead.
"The Legislatures of States are not merely Law-making bodies but they also represent the aspirations of the people, their problems and their solutions". Elaborate with examples.
Direction: This question asks for an analysis of the broader role of state legislatures beyond just law-making. Emphasize their deliberative, executive control, and grievance redressal functions. Give examples of how state legislatures pass laws unique to their state's needs, discuss local issues, hold ministers accountable, and provide a platform for regional aspirations.
"Resorting to Ordinances has always raised concern on the role of Parliament in a democracy. Has the doctrine of separation of powers been maintained in this regard?"
Direction: While primarily about the Union Parliament and President's ordinance power, this question's principle applies equally to state legislatures and the Governor's ordinance power (Article 213). A strong answer would extend the discussion to state legislatures, highlighting how repeated promulgation of ordinances can bypass the legislative scrutiny of the Assembly, thereby impacting the separation of powers at the state level.
Trend Analysis (Last 10 years - Prelims & Mains)
- Prelims: UPSC frequently tests the distinctions between legislative powers of Parliament and State Legislatures, especially regarding the lists and conditions under which Parliament can legislate on State List subjects. The powers related to Money Bills, Financial Bills, and the Governor's assent are also recurring themes. Questions on the composition and electoral roles of state legislatures are also common.
- Mains: The trend in Mains questions related to state legislatures has increasingly shifted towards analytical and critical assessment, particularly focusing on their effectiveness, the challenges they face (e.g., legislative productivity, quality of debate), and their interaction with the executive and the Governor. Questions on federalism and Centre-state relations often involve discussing the powers and limitations of state legislatures. The contemporary relevance, real-world examples of legislative actions/inactions, and debates surrounding legislative capacity are frequently tested.
Test Your Understanding
Original MCQs for Prelims
Which of the following statements about the powers of a State Legislative Council is/are correct?
- It can introduce a Money Bill.
- It can reject a Constitution Amendment Bill if Parliament passes it.
- It can pass a resolution for its own abolition by a special majority.
Select the correct answer using the code given below:
- (a) 1 and 2 only
- (b) 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (b)
Explanation: Statement 1 is incorrect; Money Bills can only be introduced in the Legislative Assembly. Statement 2 is incorrect; State Legislatures only ratify, they cannot reject a Constitutional Amendment Bill passed by Parliament. Statement 3 is correct; a State Legislative Assembly (not Council directly) can pass a resolution for the abolition of its Council by a special majority, which then enables Parliament to abolish it. The question's "It" in statement 3 implicitly refers to the state legislature's process initiated by the Assembly, not the Council's direct power to abolish itself.
Consider the following powers of the State Legislature:
- To legislate on matters relating to the State Public Service Commission.
- To participate in the removal of Judges of the High Court.
- To elect representatives to the Rajya Sabha.
Which of the powers listed above are correctly attributed to the State Legislature?
- (a) 1 only
- (b) 1 and 2 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (c)
Explanation:
- Statement 1 is correct: State Legislatures have the power to legislate on matters related to the State Public Service Commission, as it falls under the State List and state administration.
- Statement 2 is incorrect: Judges of the High Court are removed by the President of India on the address of both Houses of Parliament, not by the State Legislature.
- Statement 3 is correct: Elected members of the Legislative Assembly elect members to the Rajya Sabha from that state.
Original Descriptive Questions for Mains
"Beyond mere law-making, the State Legislature serves as a crucial forum for accountability, grievance redressal, and deliberative democracy at the sub-national level." Discuss the multifaceted role of State Legislatures in Indian governance, highlighting contemporary challenges to their effective functioning.
Key Points/Structure:
- Introduction: Briefly state the importance of State Legislatures in India's federal setup as representatives of state-level governance.
- Multifaceted Role:
- Law-making: Primary function, adapting laws to local needs (State List & Concurrent List).
- Accountability: Executive control (collective responsibility, no-confidence motion, questions, motions).
- Grievance Redressal: Platform for MLAs to raise constituency issues, public concerns, and discuss state-specific problems.
- Deliberative Democracy: Forum for debate, discussion on policies, budget, and issues of public importance.
- Financial Oversight: Budget approval, taxation, control over state funds.
- Electoral Functions: Participation in Presidential/Rajya Sabha elections.
- Contemporary Challenges:
- Declining Productivity: Fewer sitting days, rushed legislative processes, use of guillotine.
- Executive Dominance: Due to party majority, limited effective scrutiny by opposition.
- Ordinance Route: Frequent use of ordinances bypassing legislative debate.
- Lack of Resources/Expertise: Limited research support, inadequate training for legislators.
- Role of Legislative Councils: Debate over their utility and impact on legislative efficiency.
- Centre-State Friction: Governor's role in delaying/reserving bills affecting legislative autonomy.
- Quality of Debate: Deterioration of parliamentary decorum, increasing disruptions.
- Conclusion: Summarize the indispensable role of State Legislatures for a robust democracy and federalism. Suggest reforms to strengthen their effectiveness and restore their institutional prestige.