The State Legislature constitutes a foundational pillar of India’s democratic architecture, embodying the principle of Federalism by providing a dedicated law-making body at the sub-national level. Operating within the constitutional framework, it mirrors the parliamentary system prevalent at the Union level, adapting it to the diverse needs and specific contexts of India’s various states. This institution is pivotal not only for the promulgation of state-specific laws but also for ensuring the accountability of the executive, managing state finances, and representing the varied interests of the populace within its jurisdiction.

The existence and functioning of the State Legislature underscore the intricate balance of power between the central government and the states, as enshrined in the Indian Constitution. It serves as the primary forum where issues pertinent to the state’s welfare, development, and social fabric are debated, deliberated upon, and translated into legislative action. The effective operation of this legislative body is crucial for responsive governance, upholding democratic values, and fostering inclusive development across the length and breadth of the Indian Union.

Structure and Composition of the State Legislature

The Indian Constitution provides for a State Legislature, which can be either unicameral or bicameral. While most states have a unicameral legislature, known as the Legislative Assembly (Vidhan Sabha), a few states opt for a bicameral structure, comprising both the Legislative Assembly and the Legislative Council (Vidhan Parishad). The decision to have a Vidhan Parishad rests with the state itself, requiring a resolution passed by the Vidhan Sabha with a special majority, followed by parliamentary approval.

The Legislative Assembly (Vidhan Sabha)

The Vidhan Sabha is the primary and more powerful house of the State Legislature. Its members are directly elected by the people of the state on the basis of universal adult franchise, from territorial constituencies. The size of the Vidhan Sabha varies from state to state, generally ranging from 60 to 500 members, depending on the population of the state, as prescribed by the Constitution. However, some smaller states and Union Territories have special provisions allowing for fewer than 60 members. The normal term of the Vidhan Sabha is five years from the date of its first meeting, although it can be dissolved earlier by the Governor on the advice of the Chief Minister or if no party or coalition commands a majority. During a Proclamation of National Emergency, its term can be extended for one year at a time.

To be eligible for membership in the Vidhan Sabha, a person must be a citizen of India, not less than 25 years of age, and possess such other qualifications as may be prescribed by or under any law made by Parliament. Disqualifications include holding any office of profit under the Union or state government (other than those exempted by law), being of unsound mind, being an undischarged insolvent, or not being a citizen of India.

The Vidhan Sabha elects its own presiding officers: the Speaker and the Deputy Speaker, from amongst its members. The Speaker’s role is paramount in the functioning of the Assembly. They preside over the meetings, maintain order and decorum, interpret the rules of procedure, allow members to ask questions and participate in debates, and put questions to vote. The Speaker also certifies whether a bill is a Money Bill or not, and their decision in this regard is final. They cast a deciding vote in case of a tie. The Deputy Speaker performs the duties of the Speaker in their absence.

The Legislative Council (Vidhan Parishad)

The Vidhan Parishad, where it exists, is the upper house of the State Legislature. Unlike the Vidhan Sabha, its members are not directly elected by the people. Its composition is indirect and complex, with different categories of members:

  • One-third are elected by the members of local bodies (municipalities, district boards).
  • One-third are elected by members of the Legislative Assembly from amongst persons who are not members of the Assembly.
  • One-twelfth are elected by graduates of three years’ standing residing in the state.
  • One-twelfth are elected by teachers of three years’ standing in educational institutions not lower than secondary schools.
  • One-sixth are nominated by the Governor from persons having special knowledge or practical experience in literature, science, art, cooperative movement, and social service.

The total number of members in a Vidhan Parishad cannot exceed one-third of the total membership of the corresponding Vidhan Sabha, nor can it be less than 40. The Vidhan Parishad is a permanent body, similar to the Rajya Sabha at the Union level, meaning it is not subject to dissolution. However, one-third of its members retire every two years, and new members are elected/nominated to fill the vacancies. Each member serves a six-year term. The Vidhan Parishad elects a Chairman and a Deputy Chairman from amongst its members, who perform similar functions to the Speaker and Deputy Speaker in the Vidhan Sabha.

Role of the Governor

The Governor is an integral part of the State Legislature, though not a member of either house. They are the constitutional head of the state, appointed by the President of India. The Governor plays several crucial roles in the legislative process:

  • Summoning, Proroguing, and Dissolving: The Governor summons and prorogues the sessions of the State Legislature. They also have the power to dissolve the Legislative Assembly.
  • Addressing the Legislature: The Governor addresses the first session of the Legislature after each general election and at the commencement of the first session of each year, outlining the government’s policies and programmes.
  • Assent to Bills: A bill passed by both houses (or the single house) of the State Legislature cannot become a law without the Governor’s assent. The Governor can give assent, withhold assent, or return a non-Money Bill for reconsideration (though the bill must be assented to if passed again). They can also reserve certain bills for the consideration of the President, particularly those that might endanger the position of the High Court, are ultra vires, or are against the larger national interest.
  • Ordinance-making Power: When the Legislature is not in session, and the Governor is satisfied that circumstances require immediate action, they can promulgate ordinances. These ordinances have the same force and effect as an Act of the Legislature but must be laid before the Legislature when it reconvenes and cease to operate after six weeks from the reassembly, or earlier if disapproved by the Legislature.

Legislative Powers and Procedures

The primary function of the State Legislature is to make laws for the state. It has exclusive jurisdiction over subjects enumerated in the State List and concurrent jurisdiction with Parliament over subjects in the Concurrent List of the Seventh Schedule of the Constitution. In case of a conflict on a Concurrent List subject, a law made by Parliament generally prevails.

Law-Making Process (Bills)

The process of law-making involves the introduction and passage of bills through the Legislature:

  • Introduction of a Bill: A bill can be introduced in either house of a bicameral legislature (except for Money Bills, which can only originate in the Vidhan Sabha). Bills are classified into Ordinary Bills, Money Bills, and Financial Bills. A minister introduces a government bill, while any other member introduces a private member’s bill.

    • First Reading: This stage involves the introduction of the bill, often after a motion for leave to introduce it is passed. Generally, no discussion or voting takes place at this stage.
    • Second Reading: This is the most crucial stage, involving detailed scrutiny. It typically has two sub-stages:
      • Stage of General Discussion: The bill is discussed in principle, and members can move motions to refer the bill to a select committee, a joint committee (if bicameral), or circulate it for public opinion.
      • Committee Stage (if applicable) and Clause-by-Clause Consideration: If referred to a committee, the committee examines the bill thoroughly, clause by clause, and submits a report. If not referred to a committee, the house itself undertakes the clause-by-clause consideration, where amendments can be moved and voted upon.
    • Third Reading: At this stage, the debate is confined to the acceptance or rejection of the bill as a whole, as amended during the second reading. No new amendments are generally allowed. If the bill is passed by a simple majority, it is then transmitted to the other house (if bicameral) or sent for the Governor’s assent (if unicameral).

  • Passage in a Bicameral Legislature:

    • Ordinary Bills: After being passed by one house, an Ordinary Bill is sent to the other house. The second house can pass it, reject it, pass it with amendments (which the first house may or may not accept), or take no action for more than three months (in which case it is deemed rejected by the Vidhan Parishad if passed by Vidhan Sabha). The Vidhan Parishad has limited powers regarding Ordinary Bills; it can delay a bill for a maximum of four months (three months in the first instance and one month if sent back and passed again by the Assembly). There is no provision for a joint sitting to resolve deadlocks between the two houses at the state level.
    • Money Bills: A Money Bill can only be introduced in the Vidhan Sabha. After being passed by the Vidhan Sabha, it is sent to the Vidhan Parishad for its recommendations. The Vidhan Parishad must return the bill with or without recommendations within 14 days. The Vidhan Sabha can accept or reject any of the recommendations. If the Vidhan Parishad does not return the bill within 14 days, or if its recommendations are rejected by the Vidhan Sabha, the bill is deemed to have been passed by both houses in the form in which it was passed by the Vidhan Sabha. The Vidhan Parishad has virtually no power over Money Bills.

Financial Powers

The State Legislature exercises supreme control over the state’s finances. No tax can be levied or collected, and no expenditure can be incurred without its approval.

  • Annual Financial Statement (Budget): The Governor causes the annual financial statement (Budget) to be laid before both houses of the State Legislature (if bicameral) at the beginning of each financial year. The Budget presents the estimated receipts and expenditures of the state government for the forthcoming year.
  • Discussion and Voting on Demands for Grants: The Budget undergoes a general discussion in both houses, but voting on demands for grants only takes place in the Vidhan Sabha. Members can move cut motions to reduce the amount of a demand.
  • Appropriation Bill: After demands for grants are voted and passed, an Appropriation Bill is introduced in the Vidhan Sabha to authorize the government to withdraw money from the Consolidated Fund of the State to meet the sanctioned expenditure. This bill cannot be amended by the Vidhan Parishad.
  • Finance Bill: A Finance Bill is introduced to give effect to the financial proposals of the state government for the ensuing financial year, typically for levying new taxes or continuing existing ones. This is also a Money Bill and follows the same procedure as other Money Bills.
  • Supplementary, Additional, or Excess Grants: If the amount authorized by the Appropriation Act is found to be insufficient, or if new services require expenditure, the Vidhan Sabha can grant supplementary, additional, or excess grants.
  • Vote on Account: Pending the passage of the Appropriation Bill, the Vidhan Sabha can pass a ‘vote on account’ to authorize the government to draw money for a short period, usually two months, to meet essential expenditures.
  • Financial Committees: Key committees like the Public Accounts Committee (examines appropriation accounts and audit reports of the Comptroller and Auditor General) and the Estimates Committee (examines estimates included in the budget) play a crucial role in scrutinizing government spending and ensuring financial accountability.

Control over the Executive

One of the most vital functions of the State Legislature is to keep a check on the executive (the Council of Ministers headed by the Chief Minister). The Council of Ministers is collectively responsible to the Vidhan Sabha, meaning it must resign if it loses the confidence of the Assembly.

  • Questions: Members can ask questions to ministers on matters of public importance. Starred questions require oral answers and allow for supplementary questions, while unstarred questions receive written answers. Short notice questions relate to urgent matters.
  • Zero Hour: An informal device, Zero Hour allows members to raise matters of urgent public importance without prior notice immediately after the Question Hour.
  • Calling Attention Motion: A member can call the attention of a minister to an urgent matter of public importance, and the minister makes a statement.
  • Adjournment Motion: This motion is moved to adjourn the normal business of the house to discuss a definite matter of urgent public importance. It requires the support of at least 50 members and involves an element of censure against the government.
  • No-Confidence Motion: This is the most potent tool for legislative control. If a motion of no-confidence against the Council of Ministers is passed by a majority of the Vidhan Sabha members present and voting, the entire Council of Ministers must resign. This motion can only be moved in the Vidhan Sabha.
  • Censure Motion: This motion expresses strong disapproval of the policy or action of the government or a minister. If passed, it does not necessarily lead to the resignation of the government but is a strong reprimand.
  • Discussions: Members participate in debates and discussions on policies, legislative proposals, and other issues of public concern.
  • Resolutions: Members can move resolutions to express the opinion of the house on various matters.
  • Committees: Various standing and ad-hoc committees examine specific issues, departmental workings, and legislative proposals, providing detailed scrutiny that is not possible in the full house.

Other Powers and Functions

Beyond law-making and executive oversight, the State Legislature performs several other significant functions:

  • Constituent Powers (Limited): The State Legislature plays a limited but crucial role in the amendment of the Indian Constitution. Certain constitutional amendments, particularly those related to the federal structure (e.g., changes in the election of the President, extent of executive power of the Union or states, distribution of legislative powers), require ratification by the legislatures of at least half of the states by a simple majority.
  • Electoral Powers:
    • The elected members of the Vidhan Sabha participate in the election of the President of India as part of the Electoral College.
    • The elected members of the Vidhan Sabha also elect the members of the Rajya Sabha (Council of States) from their respective states.
  • Judicial Powers (Limited): The State Legislature can take action against its members or outsiders for breach of privilege or contempt of the house.
  • Deliberative Functions: The Legislature serves as a forum for deliberation on matters of public importance, allowing for the ventilation of grievances, expression of public opinion, and shaping of policies.
  • Approving Creation/Abolition of Vidhan Parishad: As mentioned earlier, the Vidhan Sabha has the power to pass a resolution for the creation or abolition of a Vidhan Parishad in its state.
  • Receiving Reports: The Legislature receives and discusses various annual reports, such as those of the State Public Service Commission, the Comptroller and Auditor General relating to state accounts, and other statutory bodies.

Working of Sessions

The State Legislature usually holds three sessions in a year: the Budget Session (February-May), the Monsoon Session (July-August), and the Winter Session (November-December). However, the Constitution mandates that the gap between two sessions cannot be more than six months, implying that the Legislature must meet at least twice a year.

  • Quorum: For a session to proceed, a minimum number of members, known as the quorum, must be present. The quorum is one-tenth of the total membership of the house or ten members, whichever is greater. If a quorum is not present, the presiding officer can adjourn the house or suspend the meeting until a quorum is achieved.
  • Legislative Decorum and Discipline: The Speaker/Chairman is responsible for maintaining order, discipline, and decorum in the respective house. They have powers to suspend unruly members, order their removal, and take other disciplinary actions to ensure the smooth conduct of legislative business.

The functioning of the State Legislature is a dynamic and complex process, shaped by the interplay of political parties, individual members, the executive, and the constitutional framework. It serves as the institutional arena for democratic participation, where diverse voices are heard, and public policies are forged to address the challenges and aspirations of the people at the state level.

The State Legislature plays an indispensable role in the governance of India’s states, serving as the fulcrum of democratic processes at the sub-national level. Its comprehensive set of functions encompasses legislative, financial, executive oversight, and electoral responsibilities, all integral to a responsive and accountable system of governance. Through the Vidhan Sabha, representing the direct will of the people, and where present, the Vidhan Parishad, providing a chamber for considered review, it ensures that state-specific laws are enacted with due deliberation and that the unique needs of diverse populations are addressed.

The constant scrutiny over the Council of Ministers, through various parliamentary devices, embodies the principle of collective responsibility, making the executive accountable to the elected representatives of the people. This robust mechanism prevents arbitrary governance and reinforces democratic norms. Furthermore, the Legislature’s control over the state’s finances ensures fiscal prudence and transparency, as no public funds can be expended without its explicit authorization.

In essence, the State Legislature is not merely a law-making body; it is a vibrant forum for debate, deliberation, and decision-making on issues ranging from public welfare and infrastructure development to social justice and economic growth. Its effective operation is crucial for translating public will into concrete policies, maintaining the delicate balance of power within the federal structure, and fostering inclusive and equitable development across the states, thereby strengthening the democratic fabric of the nation as a whole.