State Legislatures

Introduction

State legislatures in India are the law-making bodies at the state level. They play a crucial role in the federal structure of the country by enacting laws, scrutinizing the work of the state government, and addressing issues specific to their respective states. The structure and functioning of state legislatures are similar to that of the Parliament of India but with certain variations to cater to the unique requirements of individual states.

Structure of State Legislatures

• Unicameral Legislature
  • Most Indian states have a unicameral legislature, meaning they have only one house called the Legislative Assembly (Vidhan Sabha).
• Bicameral Legislature
  • Some states have a bicameral legislature, meaning they have two houses: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad).
  • States with bicameral legislatures include Bihar, Karnataka, Maharashtra, Telangana, Andhra Pradesh, and Uttar Pradesh.

Legislative Assembly (Vidhan Sabha)

• Composition
  • Members of the Legislative Assembly (MLAs) are directly elected by the people of the state.
  • The size of the Legislative Assembly varies from state to state, depending on the population. The minimum number of members is 60, while the maximum can be 500. However, some states like Sikkim, Mizoram, and Goa have fewer than 60 members due to their smaller population.
• Term
  • The term of the Legislative Assembly is five years unless dissolved earlier by the Governor.
  • During a state of emergency, the term can be extended by a maximum of one year at a time.
• Qualifications
  • A member of the Legislative Assembly must be a citizen of India, at least 25 years old, and must not hold any office of profit under the government.
• Presiding Officer
  • The Speaker is the presiding officer of the Legislative Assembly, elected by its members.
  • The Deputy Speaker assists the Speaker and presides over sessions in their absence.
• Functions and Powers
  • Legislative Functions: Enacts laws on subjects in the State List and Concurrent List as per the Seventh Schedule of the Constitution.
  • Financial Powers: Controls the finances of the state; money bills can only be introduced in the Legislative Assembly.
  • Control over Executive: Holds the state government accountable through questions, debates, and motions.
  • Electoral Functions: Participates in the election of the President of India and members of the Rajya Sabha.

Legislative Council (Vidhan Parishad)

• Composition
  • The Legislative Council is a permanent body and is not subject to dissolution.
  • One-third of its members retire every two years.
  • Members of the Legislative Council (MLCs) are elected through various constituencies: one-third by the Legislative Assembly, one-third by graduates and teachers, and one-third by local authorities and the Governor's nominations.
• Term
  • The term of a Legislative Council member is six years.
• Qualifications
  • A member of the Legislative Council must be a citizen of India, at least 30 years old, and must not hold any office of profit under the government.
• Presiding Officer
  • The Chairman is the presiding officer of the Legislative Council, elected by its members.
  • The Deputy Chairman assists the Chairman and presides over sessions in their absence.
• Functions and Powers
  • Legislative Functions: Reviews, amends, and passes bills sent by the Legislative Assembly.
  • Financial Powers: Can only recommend amendments to money bills, which must be passed by the Legislative Assembly.
  • Advisory Role: Provides expertise and advice on legislative matters.

Functions of State Legislatures

• Legislative Functions
  • Law-making: State legislatures enact, amend, and repeal laws on subjects listed in the State List and Concurrent List.
  • Debating Policies: Discuss and debate policies and issues relevant to the state.
• Control over Executive
  • Question Hour: Members question ministers about their work and state policies.
  • Zero Hour: Members raise urgent issues without prior notice.
  • Motions and Resolutions: Includes adjournment motions, no-confidence motions, and censure motions to hold the state government accountable.
• Financial Functions
  • Budget: Approve the state budget, including the allocation of funds and taxation policies.
  • Money Bills: Only the Legislative Assembly can introduce and pass money bills.
• Electoral Functions
  • Participate in the election of the President of India.
  • Elect members to the Rajya Sabha.
• Judicial Functions
  • State legislatures can punish members for breach of privilege or contempt of the House.
  • They have the power to impeach judges of the state judiciary for misconduct.

Legislative Process in State Legislatures

• Introduction of Bills
  • Bills can be introduced in either house in states with a bicameral legislature, except money bills, which must originate in the Legislative Assembly.
• Stages of Bill Passage
  • First Reading: Introduction of the bill and its referral to a committee.
  • Second Reading: Detailed examination, debate, and voting on each clause.
  • Third Reading: Final debate and voting on the bill as a whole.
  • Passage in the Second House: The bill follows the same process in the other house (for bicameral legislatures).
  • Governor's Assent: The bill becomes law after receiving the Governor's assent.
• Money Bills
  • Only the Legislative Assembly can introduce and pass money bills.
  • The Legislative Council can recommend amendments but cannot reject or amend money bills.

Role of the Governor in State Legislatures

• Summoning and Proroguing Sessions
  • The Governor summons and prorogues the sessions of the state legislature and can dissolve the Legislative Assembly.
• Assent to Bills
  • The Governor's assent is required for a bill to become law.
  • The Governor can return a bill (except money bills) for reconsideration by the legislature.
• Ordinances
  • The Governor can promulgate ordinances when the state legislature is not in session.

Committees of State Legislatures

• Standing Committees
  • Permanent committees like the Public Accounts Committee, Estimates Committee, and Committee on Public Undertakings.
• Ad Hoc Committees
  • Temporary committees appointed for a specific purpose, such as Select Committees and Joint Committees on Bills.
• Departmentally Related Standing Committees
  • These committees oversee specific ministries and departments, scrutinize their functioning, and report on policies and programs.

Importance of State Legislative Committees

• Detailed Examination
  • Committees allow for detailed scrutiny of legislation and policies.
  • They provide expert opinions and in-depth analysis.
• Effective Oversight
  • Committees ensure executive accountability and transparency.
  • They review the implementation of policies and programs.
• Informed Decision-making
  • Committees facilitate informed discussions and decisions in the legislature.
  • They help in building consensus on complex issues.

Challenges and Reforms

• Challenges
  • Disruptions and Adjournments: Frequent disruptions hamper legislative work.
  • Lack of Debates: Insufficient time for detailed debates on important issues.
  • Decline in Committee System: Underutilization and politicization of committees.
• Reforms
  • Strengthening Committees: Enhancing the role and functioning of legislative committees.
  • Reducing Disruptions: Implementing rules to minimize disruptions and ensure productive sessions.
  • Enhancing Transparency: Increasing transparency in legislative processes and decision-making.

Conclusion

State legislatures play a pivotal role in the governance and development of Indian states. Understanding their structure, functions, legislative processes, and challenges is crucial for civil services aspirants. Strengthening the functioning of state legislatures and their committees is essential for ensuring effective governance, transparency, and upholding democratic values at the state level.