The State Legislature: Qualifications, Powers & Functions-UPSC Notes

The State Legislature plays a pivotal role in India’s federal polity by enacting laws and supervising the executive within the boundaries of each state. It mirrors the Parliament’s structure and functions but operates at the state level, ensuring governance is more responsive to local needs.

At present, there are 28 states in the Union of India, and every State has its legislature. The state legislature is a legislative body that makes laws at the state level. The legislature created by the Union shall have an overriding effect over the laws made by the State if there is any inconsistency between the two. Chapter III of the Constitution of India, 1950 (COI) deals with the articles related to the State Legislature (Article 168 to Article 177). 

State Legislature covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.

Study the following article on Legislature: Power and Functions of Loksabha and Rajyasabha, which is one of the most important topics under Indian Polity for UPSC IAS Exams. Legislature (UPSC Polity) Notes: Download PDF Here!

Understanding the Structure of the State Legislature

The State Legislature can either be unicameral or bicameral depending on the size and needs of the state.

Composition of the State Legislature

• Article 168 of COI deals with the constitution of the legislature of the State.
• The State Legislatures, i.e., generally follow two kinds of legislatures: 
  • Unicameral Legislation: It consists of the Governor and the Legislative Assembly (Vidhan Sabha). 
  • Bicameral Legislation: It consists of the Governor, Legislative Council (Vidhan Parishad), and Legislative Assembly.

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• Article 170 of COI deals with the composition of the Legislative Assemblies. 
• It is also known as a lower house or popular house. 
• It is the most powerful body in a state legislature. 
• It shall be present in every State. 
• The Legislative Assembly of each State shall consist of not more than five hundred and not less than sixty members chosen by direct election from territorial constituencies in the State. 
• The State shall be divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State. 
• Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as parliament may by law determine. 
• The members of the Vidhan Sabha are directly elected by people on the basis of universal adult franchise. 
• Members of the Vidhan Sabha shall elect a presiding officer amongst themselves who shall be the Speaker. 

Also read: Right To Equality Polity Notes For UPSC.

Legislative Council (Vidhan Parishad) 

• Article 169 of the COI deals with the abolition or creation of Legislative Councils in States. 
• It states that if the Legislative Assembly of the State passes a resolution to that effect by 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, then the legislative council can be formed in a state. 
• It is known as the Upper house of the state legislature. 
• It does not necessarily exist in every State. 
• Currently, states like Uttar Pradesh, Bihar, Karnataka, Maharashtra, and Jammu & Kashmir have Vidhan Parishad. 
• The composition of the legislative council is given under Article 171 of COI. It states that: 
  • The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State. 
  • A detailed bifurcation of the members is given under Clause (3) of the Article. 
• It is partly selected and partly nominated. 
• The members of Vidhan Parishad shall elect a presiding officer amongst themselves, who shall be known as the chairman. 

Sessions of State Legislature 

• Article 174 of COI deals with the session, prorogation, and dissolution of the State Legislature. 
• The State legislature shall meet twice a year, and the interval between the two sessions must not exceed 6 months. 
• The Governor has the authority to summon sessions. (Article 174) 
• The Governor shall address the state legislatures. (Article 175) 
• The privileges and immunities of the members of the State Legislature are like that of members of parliament. 
• The Governor may, from time to time, prorogue (either house) or dissolve the Legislative Assembly. 

Also read: Judicial Review in India for UPSC here.

Qualifications for Membership of the State Legislature (Article 173) 

• A member to be elected in either house of the State Legislature must have the following qualifications: 
  • He is a citizen of India. 
  • In the case of a seat in the Legislative Assembly, it is not less than twenty-five years of age, and in the case of a seat in the Legislative Council, it is not less than thirty years of age. 
  • Possesses such other qualifications as may be prescribed on that behalf by or under any law made by parliament. 

Legislative Relations of the State and Union 

• There are four aspects of the legislative relationships between the Centre and the States, which are as follows: 
  • Territorial extent of Central and State legislation 
  • Distribution of legislative subjects 
  • Parliamentary legislation in the state field 
  • Centre's control over State legislation

Powers & Functions of State Legislature 

• Law Making Authority: 
  • The State Legislature has the power to make laws based on the matters present in the state list and concurrent list. 
  • The State Legislature shall also make money bills and ordinary bills.
• Financial Powers: 
  • Ordinary bills can be introduced in both houses of the state legislature (if Vidhan Parishan is present) 
  • The money bill is to be introduced in the Vidhan Sabha first. 
  • The Speaker of the Vidhan Sabha certifies that a particular bill is a money bill. 
  • The state legislature shall also have electoral and constitutional functions. 

Also, read the Difference between Lok Sabha and Rajya Sabha here!

Control of the Executive

The Parliament must regularly monitor and control the executive. It controls the executive by providing parliamentary privilege, i.e., freedom to representatives of the legislature for effective representation of the people. Parliament uses its instruments at various levels of policy-making and implementation to control the executive. These instruments include-

• Deliberation and discussion
  • The members of the legislature have the power to question the executives on policy decisions and discussions.
  • The Parliament has regular discussions in sessions like-
  • Question hour- where the ministers answer questions raised by members.
  • Zero hour- members raise any critical issues, but ministers are not necessarily bound to answer.
  • Half an hour – for discussions on matters of public interest, adjournment motion, etc.
• Approval or refusal of laws
  • To enact any bill, approval of the Parliament is necessary.
  • When the bill does not receive support from the majority, it fails to become law.
• Financial control
  • The legislature is responsible for the preparation of the budget to allocate resources to the government for implementing policies.
  • It also controls the policies of the government, which are reflected in the budget.
  • On the basis of reports from the Comptroller AUD or the general and public accountants committee, the legislature also checks the misuse of allocated funds.
• No confidence motion
  • In the absence of a majority, the Lok Sabha can pass a no-confidence motion against a government and its Council of Ministers.
  • This is the most potent instrument of exercising control over the executive and ensuring its accountability.

Learn more about the parliamentary system in India here.

Regulation of Parliament

• The presiding officers of the Parliament control the members of Parliament.
• One such authority provided to the presiding officer is the anti-defection law, which allows him to disqualify the membership of a person who has defected from a political party.
• Such members also lose eligibility to hold any ministerial position.

You might like to read Features of the Indian Constitution: UPSC Polity Notes.

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