Introduction
The State Legislature is the primary law-making body for a state, embodying the democratic aspirations of its populace. While mirroring the bicameral structure of the Union Parliament in some states, most Indian states opt for a unicameral system. Articles 168-212 govern its organisation, composition, duration, membership, and legislative procedures. The State Legislature plays a vital role in state governance, overseeing the state executive, controlling finances, and legislating on subjects within the State and Concurrent Lists. Despite some inherent limitations, particularly for Legislative Councils, it remains crucial for decentralized governance and addressing diverse regional needs.
Core Constitutional Framework
Organisation of State Legislature (Article 168)
The Constitution provides for both unicameral and bicameral legislatures in states.
Unicameral Legislature
Consisting only of the Legislative Assembly (Vidhan Sabha). This is the common structure in most states.
Bicameral Legislature
Consisting of the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad).
Creation or Abolition of Legislative Councils (Article 169)
Process of Creation/Abolition
1. State Legislative Assembly Resolution: The State Legislative Assembly must pass a resolution to abolish its existing Council or to create one where none exists.
This resolution must be by a special majority (i.e., a majority of the total membership of the Assembly AND a majority of not less than two-thirds of the members of the Assembly present and voting).
2. Parliamentary Act: Upon such a resolution, Parliament can then pass a law to give effect to it. A law made by Parliament under Article 169 is not deemed to be an amendment of the Constitution for the purposes of Article 368. This means it can be passed by a simple majority of Parliament.
Current States with Legislative Councils
Currently, six states have bicameral legislatures:
- Andhra Pradesh
- Bihar
- Karnataka
- Maharashtra
- Telangana
- Uttar Pradesh
Debates on Utility
Debates persist regarding the necessity and utility of Legislative Councils. Proponents argue they provide a revising chamber, a platform for experts, and representation for various sections. Critics argue they are redundant, costly, delay legislation, and provide a backdoor entry for defeated politicians.
Composition of Legislative Assembly (Vidhan Sabha) (Article 170)
Strength & Election
- Maximum Strength: Not more than 500 members.
- Minimum Strength: Not less than 60 members.
- Exceptions: Special provisions for smaller states allow for a minimum less than 60 (e.g., Sikkim 32, Goa/Mizoram 40).
- Election: Members are chosen by direct election from territorial constituencies on the basis of universal adult franchise.
Delimitation & Reservation
- Delimitation (Art 170(3)): Allocation of seats and division into territorial constituencies readjusted after every census.
- Freezing: Seats frozen until the first census after 2026 by the 84th Constitutional Amendment Act, 2001.
- Reservation (Art 332): Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) based on population ratio.
- Anglo-Indian Nomination (Art 333): Originally, Governor could nominate one member. Discontinued by 104th Constitutional Amendment Act, 2019 (effective Jan 2020).
Composition of Legislative Council (Vidhan Parishad) (Article 171)
Strength & Election System
- Maximum Strength: Shall not exceed one-third (1/3rd) of the total number of members in the Legislative Assembly of that state.
- Minimum Strength: Shall not be less than 40 members.
- Actual strength is fixed by Parliament.
- System of Election: Proportional representation by means of the single transferable vote for all elected members.
Manner of Composition (Mix of Elected & Nominated)
- 1/3rd by MLAs: Elected by the members of the Legislative Assembly.
- 1/3rd by Local Bodies: Elected by electorates of municipalities, district boards, etc.
- 1/12th by Graduates: Elected by persons who have been graduates for at least three years.
- 1/12th by Teachers: Elected by teachers in secondary schools and above with at least three years experience.
- Remaining 1/6th Nominated by Governor: Persons with special knowledge/experience in literature, science, art, cooperative movement, social service.
Duration of State Legislature (Article 172)
Legislative Assembly (LA)
- Normal term: 5 years from the date of its first meeting.
- Can be dissolved earlier by the Governor.
- Extension during Emergency: Its term can be extended beyond 5 years during a National Emergency by a law of Parliament for one year at a time for any length of time.
- However, this extension cannot continue for more than six months after the emergency ceases (Similar to Lok Sabha).
Legislative Council (LC)
- A permanent body and is not subject to dissolution.
- Continuity: One-third of its members retire every two years, and fresh elections and nominations are held to fill the vacant seats.
- Term of Member: The term of an individual member of Legislative Council is 6 years.
Membership of State Legislature (Articles 173, 190-193)
Qualifications (Article 173)
- Citizen of India.
- Oath or affirmation before person authorized by EC (to bear true faith and allegiance to the Constitution, and to uphold the sovereignty and integrity of India).
- Age: Minimum 25 years for Legislative Assembly, 30 years for Legislative Council.
- Other qualifications prescribed by Parliament (Representation of the People Act, 1951 – e.g., registered elector, SC/ST for reserved seat).
Disqualifications (Article 191)
- Constitutional Disqualifications: Office of profit, unsound mind, undischarged insolvent, not a citizen of India/acquired foreign citizenship, or disqualified under any law made by Parliament.
- Statutory Disqualifications (Representation of the People Act, 1951): Similar to those for MPs (e.g., conviction for offences leading to 2+ years imprisonment - Lily Thomas Case applies).
- Disqualification on Ground of Defection (Tenth Schedule): Applies to MLAs/MLCs as well (decision by Speaker/Chairman, subject to judicial review - Kihoto Hollohan case applies).
Decision on Disqualification
- Constitutional Disqualifications (Art 192): If any question arises whether a member has become subject to any of the disqualifications mentioned in Article 191, the question shall be referred to the Governor for his decision, and his decision shall be final. Before giving any decision, the Governor shall obtain the opinion of the Election Commission, and shall act according to such opinion.
- Tenth Schedule (Defection): The question of disqualification under the Tenth Schedule is decided by the Speaker in the case of Legislative Assembly and the Chairman in the case of Legislative Council. Their decision is final, but it is subject to judicial review (Kihoto Hollohan case).
Vacating Seats (Article 190) & Other Provisions
- Double Membership: Cannot be member of both Parliament and State Legislature simultaneously.
- Disqualification: If disqualified.
- Resignation: To Speaker/Chairman.
- Absence: From sittings for 60 days without permission.
- Oath (Art 188): Members take oath before the Governor or some person appointed by him.
- Salaries (Art 195): Salaries and allowances are determined by the State Legislature.
Presiding Officers of State Legislature (Articles 178-187)
Speaker & Deputy Speaker (LA)
- Election: Elected by the Assembly from amongst its members.
- Term: Holds office during the life of the Assembly. Vacates office immediately before the first meeting of the newly elected Assembly.
- Removal: By a resolution passed by effective majority (14-day notice). Can speak and vote in first instance on removal.
- Powers: Maintain order, final interpreter of rules/Constitution within House, casting vote in case of tie, decides defection (subject to judicial review).
Chairman & Deputy Chairman (LC)
- Election: Elected by the Legislative Council from amongst its members.
- Key Difference: Unlike the Rajya Sabha Chairman (who is the Vice-President, an ex-officio position), the Chairman of the Legislative Council is an elected member of the Council itself.
- Term & Removal: Similar to Speaker.
- Powers: Similar to RS Chairman, including casting vote.
Pro Tem Speaker/Chairman & Panels
- Panel of Chairpersons (Assembly): Nominated by Speaker to preside in absence of Speaker/Deputy Speaker.
- Panel of Vice-Chairpersons (Council): Nominated by Chairman to preside in absence of Chairman/Deputy Chairman.
- Speaker/Chairman Pro Tem: Appointed by Governor (usually senior-most) to preside over first sitting of newly elected Assembly, administer oath, enable election of new Speaker.
Secretariat of State Legislature (Article 187)
- Each House of the State Legislature has its own separate secretarial staff, headed by a Secretary.
- Independence: Independent of the executive branch.
Conduct of Business in State Legislature
Sessions (Article 174)
- Governor summons each House of the State Legislature to meet at such time and place as he thinks fit.
- Constitutional Limit: The maximum gap between two sessions cannot be more than six months.
- Governor also has powers of prorogation and dissolution of the Legislative Assembly.
Quorum (Article 189(3)) & Language (Art 210)
- The minimum number of members required to be present to transact business is 10 members or one-tenth (1/10th) of the total number of members of the House, whichever is greater.
- Language (Art 210): Hindi or English are the languages for business in the State Legislature, but the Presiding Officer can permit members to speak in their mother tongue.
Rights of Ministers & AG (Article 177)
- Ministers and the Advocate General have the right to speak in, and otherwise take part in the proceedings of, any House of the State Legislature, or any committee thereof, of which he may be named a member, but are not entitled to vote (unless they are members of that House).
Rules of Procedure (Article 208)
- A House of the Legislature of a State may make rules for regulating its procedure and the conduct of its business.
Legislative Procedure in State Legislature
Ordinary Bills
Can originate in either House (if bicameral). Goes through three readings (Introduction, General Discussion/Committee stage/Consideration, Final Vote).
Role of Legislative Council for Ordinary Bills
If a bill passed by the Assembly is sent to the Council, the Council can:
- Pass the bill.
- Reject the bill.
- Pass with amendments (which the Assembly may or may not accept).
- Take no action for three months.
If the Assembly passes the bill again and sends it to the Council, and the Council again rejects it, amends it (not acceptable to Assembly), or does not act for one month, the bill is deemed to have been passed by both Houses.
Total Delay Power: The Council can thus delay an ordinary bill for a maximum period of 4 months (3 months in the first instance and 1 month in the second instance).
No Joint Sitting: There is no provision for a joint sitting to resolve a deadlock between the Assembly and Council. The will of the Assembly prevails. This signifies the subordinate position of the Council.
Money Bills (Article 199)
Definition & Introduction
- Definition similar to Union Money Bill (Article 110). Speaker of the Legislative Assembly certifies whether a bill is a Money Bill (final decision).
- Introduced only in Legislative Assembly.
- Requires prior recommendation of the Governor.
Role of Legislative Council & Governor's Assent
- Role of LC: Can only discuss and make recommendations (within 14 days). Assembly can accept/reject. Similar to Rajya Sabha's limited role.
- Governor's Assent: Can give assent, withhold, or reserve for President. Cannot return for reconsideration.
Financial Bills (Article 207)
Similar categories and procedures as Financial Bills (I) and (II) in Parliament (Articles 117(1) and 117(3) respectively). Financial Bills (I) are similar to Money Bills regarding introduction (Assembly only, Governor's recommendation). Financial Bills (II) can be introduced in either House but require Governor's recommendation for consideration.
Governor's Assent (Article 200) & President's Assent on Reserved Bills (Article 201)
Governor's Options on Bills (Art 200)
When a bill is passed by the State Legislature, it is presented to the Governor, who has four options:
- Give his assent (bill becomes law).
- Withhold his assent (bill does not become law).
- Return the bill (if not a Money Bill) for reconsideration by the State Legislature. If passed again, the Governor must give assent.
- Reserve the bill for the consideration of the President (This is a unique and significant power of the Governor).
President's Options on Reserved Bills (Art 201)
When a bill is reserved by the Governor for the President's consideration, the President has three options:
- Give his assent (bill becomes law).
- Withhold his assent (bill does not become law).
- Direct the Governor to return the bill (if not a Money Bill) to the State Legislature for reconsideration.
If returned, the State Legislature must reconsider it within six months. If passed again (with or without amendments), it is again presented to the President.
Crucial Difference: The President is not bound to give assent to the bill even if it is passed again by the state legislature. This is a significant control of the Centre over state legislation.
Budget in State Legislature (Article 202-207)
Article 202: The Governor causes to be laid before the House (or Houses) of the Legislature of the State an 'Annual Financial Statement' (State Budget). The procedure of passing the budget in the state legislature is largely similar to that in Parliament.
- Presentation of Budget.
- General Discussion.
- Scrutiny by Departmental Standing Committees (if applicable).
- Voting on Demands for Grants (only by Legislative Assembly).
- Passing of Appropriation Bill (to authorize withdrawal from Consolidated Fund of the State).
- Passing of Finance Bill (to give effect to tax proposals).
Privileges of State Legislature (Article 194)
Article 194: Powers, privileges, and immunities of a House of the Legislature of a State, and of the members and the committees of a House. They are similar to those of Parliament (Article 105).
Collective Privileges
- Right to publish proceedings, exclude strangers.
- Regulate internal affairs, punish for breach of privilege/contempt.
- Courts cannot inquire into proceedings (Art 212).
Individual Privileges
- Freedom of speech in Legislature (no court proceedings for anything said/vote).
- Freedom from arrest in civil cases (during session + 40 days before/after).
Sources: Constitution, no comprehensive law by state legislature, Rules of House, Conventions. Based on British House of Commons (1950). Conflict with FRs: Similar conflicts and judicial interpretations as with parliamentary privileges (e.g., Keshav Singh case involved UP Legislative Assembly).
Position of Legislative Council
Limited Powers (Compared to LA & RS)
- Money Bills: Council has virtually no power, can only delay for 14 days. Rajya Sabha has similar limited powers.
- Ordinary Bills: Council can only delay for a maximum of 4 months (compared to Rajya Sabha which can delay ordinary bills for 6 months, and force a joint sitting).
- No Confidence Motion: Council has no power to pass a no-confidence motion against the state government.
- Special Powers: Unlike Rajya Sabha (Art 249 for State List, Art 312 for All-India Services), the Legislative Council has no such special powers.
Due to its limited powers, its role is largely to delay legislation, provide advice, and revise bills, rather than to genuinely check the Assembly's will.
Utility vs. Criticisms
Utility (Arguments for):
- Acts as a check on hasty or ill-conceived legislation.
- Provides a platform for distinguished persons and experts.
- Allows for broader representation of interests.
- Enriches the quality of legislative debates.
Criticisms (Arguments against):
- Costly Burden: Involves significant expenditure.
- Backdoor Entry: Often used as a means for defeated politicians to enter the legislature.
- Causes Delay: Can unnecessarily delay passage of legislation.
- Irrelevant: Does not represent the popular will and has limited powers.
Courts not to inquire into proceedings of Legislature (Article 212)
The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure. This provides immunity to the internal proceedings of the state legislature from judicial scrutiny, similar to Article 122 for Parliament.
Summary Table: Key Features of State Legislature
| Feature | Legislative Assembly (Vidhan Sabha) | Legislative Council (Vidhan Parishad) (where exists) |
|---|---|---|
| Nature | Primary House, represents people. | Secondary House, represents various interests. |
| Composition (Max/Min) | Max 500, Min 60 members. | Max 1/3rd of Assembly strength, Min 40 members. |
| Election Method | Directly elected by universal adult franchise. | Partly Elected (MLAs, local bodies, graduates, teachers), Partly Nominated (by Governor). |
| Duration | 5 years (normal term), can be dissolved. | Permanent body, 1/3rd members retire every 2 years, 6-year term for individual member. |
| Money Bills | Has primary power; introduced only here. | Can only make recommendations, delay for 14 days. |
| Ordinary Bills | Primary power; can override Council's objection. | Can only delay for a maximum of 4 months. No joint sitting. |
| Relation to CoM | CoM collectively responsible to Assembly. | No role in confidence/no-confidence motion. |
| Special Powers | None (Assembly cannot initiate creation/abolition of Council - that's Assembly resolution followed by Parliament). | None (unlike RS, which has special powers for Art 249/312). |
Conclusion & Significance
The State Legislature is fundamental to India's federal structure, ensuring decentralized governance and addressing regional needs. Its design reflects a balance between popular representation (Assembly) and deliberative oversight (Council, where present), though the latter's utility remains debated. The constitutional provisions, particularly concerning the Governor's role in assent to bills, highlight the delicate interplay between state autonomy and central oversight, which is a hallmark of Indian federalism.
Prelims-ready Notes
Organisation (Art 168)
- Unicameral (Assembly only) or Bicameral (Assembly + Council).
Creation/Abolition of LC (Art 169)
- State Legislative Assembly passes resolution by Special Majority (Total Mem + 2/3rd present & voting).
- Parliament then passes law (by Simple Majority).
- This is NOT a constitutional amendment under Art 368.
- Current States with LC: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh (6 states).
Legislative Assembly (LA) (Art 170)
- Strength: Max 500, Min 60. Exceptions (Sikkim 32, Goa/Mizoram 40).
- Election: Directly elected by universal adult franchise.
- Delimitation (Art 170(3)): After census. Seats frozen till first census after 2026 (84th Amend, 2001).
- Reservation (Art 332): SCs/STs. Anglo-Indian nomination (Art 333) discontinued by 104th Amend, 2019.
Legislative Council (LC) (Art 171)
- Strength: Max 1/3rd of LA strength, Min 40.
- Manner of Election (Partly elected, partly nominated):
- 1/3rd by MLAs.
- 1/3rd by Local Bodies (municipalities, etc.).
- 1/12th by Graduates (3 yrs standing).
- 1/12th by Teachers (3 yrs experience).
- 1/6th Nominated by Governor (Lit, Sci, Art, Co-op, Social Service).
- System of Election: Proportional Representation by Single Transferable Vote for elected members.
Duration (Art 172)
- LA: Normal 5 years. Dissolved by Governor. Extendable during National Emergency (1 year at a time, max 6 months after emergency ends).
- LC: Permanent body (not dissolved). 1/3rd members retire every 2 years. Individual term: 6 years.
Membership
- Qualifications (Art 173): Citizen, Oath, Age (LA 25, LC 30), RPA 1951.
- Disqualifications (Art 191): Constitutional, Statutory (RPA 1951), Defection (10th Sch.).
- Decision on Disq. (Art 192): Governor (on EC opinion) for Art 191. Speaker/Chairman for 10th Sch. (Subject to Jud. Review - Kihoto Hollohan).
- Vacating Seats (Art 190): Double membership, disqualification, resignation, 60 days absence.
Presiding Officers
- Speaker/Dy. Speaker LA: Elected by LA. Powers similar to LS Speaker.
- Chairman/Dy. Chairman LC: Elected by LC. Chairman is elected member (unlike RS Chairman who is VP). Powers similar to RS Chairman.
- Secretariat (Art 187): Separate for each House, independent of executive.
Conduct of Business
- Summoning, Prorogation, Dissolution (LA) by Governor (Art 174). Max gap 6 months.
- Quorum (Art 189(3)): 1/10th or 10 members, whichever is greater.
- Rights of Ministers/AG (Art 177) to participate without vote (unless member).
Legislative Procedure (196-201)
- Ordinary Bills: Either House (if bicameral). LA is supreme. LC can delay for max 4 months (3 months first, 1 month second). No Joint Sitting in states.
- Money Bills (Art 199): Only LA, Governor's rec. Speaker LA certifies. LC only recommends (14 days). Governor: assent, withhold, reserve for President (no return).
- Financial Bills (Art 207): Similar to Union.
- Governor's Assent (Art 200) & President's Assent to Reserved Bills (Art 201):
- Governor's Options: Assent, Withhold, Return (not Money Bill), Reserve for President.
- President's Options (Art 201): Assent, Withhold, Direct Governor to return (not Money Bill). State Legislature must reconsider in 6 months. If passed again, President NOT BOUND to give assent.
Budget (Art 202-207)
- Annual Financial Statement. Similar to Union. LA votes on demands.
Privileges (Art 194)
- Similar to Parliament. No codification. Courts not to inquire (Art 212).
Position of LC
- Weaker than RS (no special powers like Art 249/312; LA can override; no role in CM confidence). Primarily dilatory/advisory/revisory.
- Utility: Check hasty legislation, experts.
- Criticism: Costly, backdoor entry, delay.
Mains-ready Analytical Notes
Bicameralism at State Level - A Debatable Choice
The option of having a bicameral legislature at the state level (Legislative Council) is a subject of continuous debate. While proponents argue its utility as a revising chamber, a platform for experts, and for broader representation, critics often highlight its redundancy, high cost, potential for delaying legislation, and its use as a 'backdoor entry' for defeated politicians. Its limited powers compared to the Legislative Assembly and the absence of a joint sitting provision further underscore its subordinate position, making its effectiveness questionable in many contexts.
Legislative Assembly - The Real Power Centre
The Legislative Assembly is the true locus of power in a state, reflecting the popular will through direct elections. It has overriding powers in legislative matters, particularly over Money Bills, and controls the state executive through collective responsibility. Its authority ensures democratic accountability at the grassroots level.
Governor's Role in State Legislation - Central Control
The Governor's power to reserve bills for the President's consideration (Art 200) and the President's absolute veto over such reserved bills (Art 201) represent a significant central control over state legislation. This mechanism, along with the Governor's ordinance-making power, can sometimes be seen as impinging on state autonomy and the legislative domain of the elected state government, leading to Centre-state friction in India's quasi-federal structure.
Legislative Procedure - Ensuring Deliberation
The detailed three-reading process for bills in the state legislature, though sometimes criticized for delays, is designed to ensure thorough deliberation, public scrutiny, and consideration of amendments before a bill becomes law. This process, when effectively utilized, promotes transparency and accountability in law-making.
Role of Presiding Officers
The Speaker of the Legislative Assembly and the Chairman of the Legislative Council play crucial roles in maintaining order, impartiality, and the efficient conduct of legislative business. Their ability to manage debates, enforce rules, and decide on disqualifications under the anti-defection law is critical for the functioning of state democracy.
Challenges to State Legislative Effectiveness
Similar to Parliament, state legislatures face challenges like reduced sittings, frequent disruptions, bypassing of committees, and the increasing use of ordinances. These issues impact their capacity for effective law-making, oversight, and debate, thereby undermining the quality of state governance.
Interplay with Local Governance
The State Legislature plays a vital role in empowering and overseeing local self-governments (Panchayats and Municipalities), as mandated by the 73rd and 74th Amendments. This connection ensures that local governance operates within the broader state legal framework.
Impact of Delimitation Post-2026
The freezing of seats based on the 1971 census until 2026 (84th Amendment) means the upcoming delimitation exercise will significantly reshape the composition of State Assemblies based on current population. This will have profound political and demographic implications, potentially altering the balance of representation between regions within states.
Current Affairs & Recent Developments (Last 1 Year)
Passage of Uniform Civil Code (UCC) Bill by Uttarakhand Assembly (February 2024)
This is a major legislative development at the state level. The Uttarakhand Assembly passed the UCC Bill, becoming the first state to adopt such a comprehensive law governing personal matters for all communities. This directly illustrates the legislative power of a State Assembly on a Concurrent List subject (personal laws) and its potential impact on social fabric and state governance.
Conflicts over Governor's Assent to Bills (Ongoing)
Several states, notably Tamil Nadu, Kerala, and Punjab, have seen prolonged tussles between their Legislative Assemblies and Governors over bills passed by the Assembly but either withheld assent or reserved for the President by the Governor. The Supreme Court has also intervened in some instances, emphasizing the Governor's constitutional duty to act on the aid and advice of the Council of Ministers within a reasonable timeframe. This highlights the practical implications of Articles 200 and 201 and the friction points in Centre-State relations.
Discontinuation of Anglo-Indian Nomination (104th Amendment, 2019)
While enacted in 2019, its full effect was seen in the Assemblies formed after 2020. This amendment discontinuing the nomination of Anglo-Indian members to State Legislative Assemblies (Art 333) has changed the composition of these Assemblies, reflecting a legislative decision regarding minority representation.
Debates on State Legislative Council Revival/Creation
Some states (e.g., Rajasthan, West Bengal) have recently debated the revival or creation of Legislative Councils, while Andhra Pradesh has debated their abolition. These discussions reflect the ongoing assessment of the utility and cost-effectiveness of bicameralism at the state level, directly engaging with Article 169.
UPSC Previous Year Questions (PYQs)
Prelims MCQs
UPSC CSE 2023: Consider the following statements:
1. When the Union Budget is presented to the Parliament, the Rajya Sabha does not have the power to vote on the Demands for Grants.
2. No Money Bill can be introduced in the Rajya Sabha.
3. The Rajya Sabha cannot discuss the Annual Financial Statement.
Which of the statements given above is/are correct?
UPSC CSE 2018: Consider the following statements:
1. The Speaker of the Legislative Assembly shall vacate his office if he ceases to be a member of the Assembly.
2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his office immediately.
Which of the statements given above is/are correct?
UPSC CSE 2015: Which of the following is not a discretionary power of the Governor of a State?
Mains Questions
UPSC CSE 2020 (15 marks): "Indian Constitution exhibits a unique blend of federalism and unitarism. Elaborate."
Direction:
- This is a core federalism question. State Legislature's existence and its powers over State List subjects reflect federalism.
- However, Parliament's power to create/abolish Legislative Councils (Art 169) and the Governor's power to reserve state bills for President (Art 200/201) highlight the unitary bias, creating a crucial link.
UPSC CSE 2016 (12.5 marks): "To what extent has the absence of a fixed tenure for the Speaker of the Lok Sabha and the existence of a 'pleasure doctrine' in the case of Governors affected the independence of the office?"
Direction:
- This question, while primarily about the Speaker and Governor, can be related to the State Legislative Assembly by discussing how the Speaker's continuity (even after dissolution) is vital for the Assembly's institutional integrity.
- Also, discuss how the Governor's actions often lead to friction with the State Legislature.
UPSC CSE 2014 (10 marks): "Discuss the significance of the Directive Principles of State Policy. Can DPSPs be said to be subservient to Fundamental Rights? Examine the judicial pronouncements in this regard."
Direction:
- While a DPSP question, it can be linked to the State Legislature.
- State Legislatures are crucial in implementing many DPSPs through laws (e.g., land reforms, prohibition, Panchayati Raj Acts). This shows the practical manifestation of DPSPs at the state legislative level.
Trend Analysis
Prelims Trends:
- LC vs. LA: Distinguishing between the powers, composition, and duration of the Legislative Assembly and Legislative Council is highly favored.
- Creation/Abolition of LC (Art 169): The procedure (special majority in LA, simple majority in Parliament, not an Art 368 amendment) is a recurring factual question. Knowing the current states with LCs is essential.
- Governor's Role in Legislation: His powers related to bill assent (Art 200), particularly reserving bills for the President (Art 201) and President's options on such bills, are critical.
- Quorum, Duration, Disqualifications: Specific numbers (max/min strength, quorum 1/10th or 10), duration of Houses, and types of disqualifications (constitutional, RPA, defection) are tested.
- Amendments: The 84th (delimitation freeze), 104th (Anglo-Indian discontinuation), and 91st (CoM size) Amendments are important.
Mains Trends:
- Utility/Relevance of LC: The debate surrounding Legislative Councils (arguments for and against, comparison with Rajya Sabha) is a frequent analytical question.
- Centre-State Relations: The State Legislature's powers are often analyzed in the context of federalism, particularly the Governor's role in state law-making (bill reservation, assent).
- Challenges to Effectiveness: Similar to Parliament, the factors contributing to the decline in efficiency of state legislatures are relevant.
- Policy Implementation: How state legislatures enact laws to implement national policies or state-specific agendas.
- Current Affairs Integration: Recent legislative actions by state assemblies (e.g., UCC), or conflicts with Governors over bills, directly link to this topic.
Original MCQs for Prelims
Which of the following statements regarding the composition of a State Legislative Council is/are correct?
1. The maximum strength of a Legislative Council is fixed at one-third of the total strength of the State Legislative Assembly.
2. Members elected by graduates must have been graduates for at least five years to be eligible to vote.
3. One-sixth of the members are nominated by the Governor from persons having special knowledge in literature, science, art, cooperative movement, and social service.
Select the correct answer using the code given below:
In the context of the legislative procedure in a State Legislature with two Houses, consider the following statements:
1. A Money Bill can be introduced in the Legislative Council but requires the Governor's recommendation.
2. If an Ordinary Bill is passed by the Legislative Assembly but rejected by the Legislative Council, there is no provision for a joint sitting to resolve the deadlock.
3. When a Bill reserved by the Governor for the President's consideration is returned by the President to the State Legislature for reconsideration, the President is bound to give assent if it is passed again.
Which of the statements given above is/are correct?
Original Descriptive Questions for Mains
"The Legislative Council in a state often remains a debated entity, perceived by some as a revisory chamber and by others as an unnecessary burden." Critically analyze the composition and powers of the Legislative Council, discussing the arguments for and against its utility in the Indian state legislative framework. (15 marks)
Key Points/Structure:
- Introduction: Briefly introduce the concept of Legislative Council (Vidhan Parishad) as the upper house in some states and the ongoing debate about its utility.
- Composition (Art 171):
- Strength (Max 1/3rd of Assembly, Min 40).
- Manner of Election (partly elected: MLAs, Local bodies, Graduates, Teachers; partly nominated by Governor). Highlight its diverse composition.
- Powers (Limited compared to Assembly):
- Ordinary Bills: Can only delay for a maximum of 4 months (3+1). No joint sitting; Assembly's will prevails.
- Money Bills: Can only delay for 14 days, no power to amend/reject.
- No say in CM's confidence/no-confidence motions.
- No special powers like Rajya Sabha (Art 249, 312).
- Arguments for Utility (Pros):
- Revisory Chamber: Provides a 'second look' at legislation, preventing hasty laws.
- Platform for Experts: Allows eminent persons (academicians, artists, social workers) to enter legislature without contesting elections, bringing expertise.
- Broader Representation: Represents various sections (teachers, graduates, local bodies) not directly represented in Assembly.
- Checks Popular House: Acts as a check on potential majoritarianism or populism of the Legislative Assembly.
- Arguments Against Utility (Cons):
- Costly Burden: Involves significant public expenditure.
- Redundant: Its powers are very limited; Assembly can override it easily.
- Delaying Chamber: Can cause unnecessary delays in law-making.
- Backdoor Entry: Often used as a means for defeated politicians or those unable to win direct elections.
- Erodes Accountability: Indirectly elected members might not feel directly accountable to the public.
- Conclusion: Conclude that while the idea of a second chamber at the state level has merits, its practical utility often depends on its composition and the political context. The arguments against its cost and limited powers often outweigh its benefits, leading to calls for its abolition or reforms to enhance its functional relevance.
"The Governor's power to reserve a bill for the President's consideration (Article 200) and the President's subsequent discretion over such bills (Article 201) illustrate a significant aspect of the Union's control over State legislation, often leading to federal friction." Examine this aspect of legislative procedure in state legislatures, discussing its rationale and the controversies it has generated. (10 marks)
Key Points/Structure:
- Introduction: Briefly state that while state legislatures have law-making powers, the Governor's power under Art 200/201 represents a centralizing feature.
- Procedure (Art 200 and Art 201):
- Governor's Power to Reserve (Art 200): Mention when it's obligatory (endangering HC position) and when discretionary (ultra vires, against DPSP, national importance, compulsory acquisition).
- President's Options (Art 201): Assent, withhold, direct return (if not Money Bill). Crucially, if returned and re-passed by state legislature, President is NOT bound to give assent.
- Rationale for this Power:
- Constitutional Harmony: To ensure state laws do not violate central laws or the Constitution.
- Protection of HC: Safeguard judicial independence.
- National Interest: To allow President (Union) to review state bills affecting national importance or implementing national policies.
- Uniformity: To maintain consistency in certain areas.
- Controversies Generated (Federal Friction):
- Undermining State Autonomy: Seen as an infringement on the legislative autonomy of elected state governments.
- Delay Tactics: Governors accused of delaying bills indefinitely or reserving them to obstruct state government's agenda.
- Partisan Use: Allegations of Governors acting as agents of the ruling party at the Centre to block opposition-ruled states' legislation.
- Lack of Accountability: President's decision not to assent to a reserved bill is not subject to a definitive timeframe, nor is the President bound to provide reasons.
- Examples: Recent disputes between Governors and state governments (e.g., Tamil Nadu, Kerala, Punjab) over delay/reservation of bills.
- Conclusion: Conclude that while intended as a constitutional safeguard for consistency and national interest, the Governor's power of reservation and the President's absolute veto over such bills often become a contentious point in Centre-state relations, highlighting the unitary bias within India's federal structure and the continuous need for constitutional propriety and convention.