Powers and Functions of State Legislature in India

The State Legislature is the principal law-making body at the state level in India. Its powers and functions are crucial for the democratic governance of the country and the smooth functioning of federalism. This article provides a detailed analysis of the powers and functions of the State Legislature, covering its legislative, financial, executive, electoral, constitutional, and other essential roles. 

Structure of State Legislature

Before discussing its powers and functions, let’s briefly look at its structure.

• Unicameral Legislature: Most Indian states have a single house, known as the Legislative Assembly (Vidhan Sabha).
• Bicameral Legislature: Six states—Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana, and Uttar Pradesh—have two houses: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad).
• Governor: In all cases, the Governor is an integral part of the State Legislature.

Legislative Powers of State Legislature

Law-making on State and Concurrent Lists

The primary function of the State Legislature is to make laws. The Constitution divides legislative powers between the Union and the States through three lists:

• State List: The State Legislature has exclusive powers to make laws on subjects listed in the State List, such as police, public health, agriculture, local government, etc.
• Concurrent List: Both Parliament and State Legislatures can make laws on subjects in the Concurrent List, like education, forests, marriage, and succession. However, if there is a conflict, the Union law prevails unless the state law has received Presidential assent.

Types of Bills

• Ordinary Bills: Can be introduced in either House (in bicameral states) and must be passed by both Houses before the Governor’s assent.
• Money Bills: These can only be introduced in the Legislative Assembly, not the Council. The Speaker of the Assembly certifies a bill as a money bill.
• Financial Bills: Similar to money bills but not strictly limited to financial matters.

Legislative Process

• First Reading: Bill is introduced and title read out.
• Second Reading: Detailed discussion, amendments, and debate.
• Third Reading: Final debate and voting.
• Governor’s Assent: Once passed, the bill is sent to the Governor. The Governor may give assent, withhold assent, reserve it for the President, or return it (except for money bills).

Financial Powers of State Legislature

Budget and Appropriation

• Annual Budget: The Finance Minister presents the state’s annual budget in the Assembly. No money can be withdrawn from the Consolidated Fund of the State without the Assembly’s approval.
• Vote on Account: Grants expenditure for a temporary period if the budget is not passed before the financial year starts.

Money Bills

• Only the Legislative Assembly can introduce money bills, which deal with taxation, public money, and expenditure.
• The Legislative Council (if present) can only delay money bills for 14 days and may make recommendations, but the Assembly can accept or reject these.
• Money bills require the Governor’s assent to become law.

Control Over Public Expenditure

The State Legislature exercises control over government expenditure by approving, reducing, or rejecting demands for grants and taxation proposals.

Executive Powers and Functions of State Legislature

Control Over Council of Ministers

The Chief Minister and the Council of Ministers are collectively responsible to the Legislative Assembly. The Assembly can remove the Council of Ministers by passing a vote of no-confidence.

Question Hour and Debates

Question Hour: Members can question ministers about the functioning and policies of their departments.

Debates and Discussions: The Assembly discusses important public issues, policies, and administrative matters, keeping the executive accountable.

Committees

Various committees, such as the Public Accounts Committee and Estimates Committee, scrutinise government spending, policies, and administration.

Constitutional and Electoral Functions of State Legislature

Constitutional Amendments

For certain constitutional amendments (as per Article 368), state legislatures must ratify changes passed by Parliament—especially if the amendments affect the federal structure, such as the powers of states, representation in Parliament, or the jurisdiction of the Supreme Court and High Courts.

Election of the President

Members of the Legislative Assembly (MLAs) participate in the election of the President of India as part of the Electoral College.

Election of Rajya Sabha Members

State legislatures elect members to the Rajya Sabha (Council of States), the upper house of Parliament.

Deliberative and Representative Functions of State Legislature

Representation of the People

• MLAs represent their constituencies, raising public concerns and grievances in the Assembly.
• Members are expected to voice the interests and problems of their regions, ensuring balanced development.

Debating Public Issues

The State Legislature is a forum for discussing vital public issues, policies, and plans, influencing government actions and decisions.

Privilege and Immunity of State Legislature

• Members enjoy immunity from legal proceedings for anything said or any vote given in the legislature or its committees.
• They cannot be arrested in civil cases during the session and for 40 days before and after.

Powers Regarding State Boundaries and Organisation

• The Assembly is consulted when changes are proposed to the state’s boundary, name, or organisation.
• Bills affecting the state’s area, boundaries, or name must be referred to the Assembly for its views before being introduced in Parliament.

Miscellaneous Functions

Regulation of Internal Procedures

The legislature can frame rules and regulations regarding the conduct of its business, election of Speaker and Deputy Speaker, and committee procedures.

Disciplinary Functions

The Assembly can take disciplinary action, including suspending or expelling members for disorderly conduct or breach of privilege.

Limitations on Powers of State Legislature

Presidential Assent and Reservation

Certain bills cannot be introduced or become operative without the prior sanction or subsequent assent of the President (e.g., bills affecting High Court jurisdiction, or bills that restrict trade and commerce).

Parliament’s Supremacy

• If a state law conflicts with a central law on a concurrent subject, the central law prevails.
  
• During emergencies (national or constitutional), Parliament can legislate on state subjects, reducing the State Legislature’s powers.

Judicial Review

Laws made by State Legislatures are subject to judicial review by the High Courts and Supreme Court to ensure constitutional compliance.

Conclusion

The powers and functions of the State Legislature in India are extensive and varied, covering legislative, financial, executive, constitutional, and representative roles. By making laws, controlling finances, holding the executive accountable, and representing the people’s interests, the State Legislature ensures democratic governance and upholds the federal spirit of the Constitution.

Despite some limitations—such as Parliament’s overriding authority during emergencies or in case of conflicting laws—the State Legislature remains the backbone of state administration. Its role in scrutinising government policies, approving budgets, and debating public issues makes it indispensable for state-level democracy and development.