Powers and Functions of State Legislature in India
Powers and Functions of the State Legislature in India
1. Introduction
The State Legislature is the law-making body at the state level in India.
As per Article 168 of the Constitution, each state has a legislature which can be:
Bicameral (two houses): Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad), or
Unicameral (one house): Only Legislative Assembly.
The powers of the State Legislature are derived mainly from Part VI (Articles 168 to 212) of the Constitution.
2. Composition
Legislative Assembly (Vidhan Sabha):
Directly elected representatives.
Term of 5 years unless dissolved earlier.
Legislative Council (Vidhan Parishad):
Permanent body (one-third members retire every two years).
Members are elected through various constituencies or nominated.
3. Powers and Functions
The powers and functions of the State Legislature can be broadly categorized as:
A. Legislative Powers
The core function is to make laws on matters enumerated in the State List and the Concurrent List of the Constitution.
Article 245: Legislature can make laws within the territorial jurisdiction.
Article 246: Distribution of legislative powers between Parliament and State Legislatures.
The State Legislature has the power to legislate on:
State List (Subjects like police, public health, agriculture, etc.)
Concurrent List (Subjects like education, forests, marriage, etc.), but only if Parliament has not legislated on the matter.
Article 249: In some cases, Parliament can legislate on state subjects if Rajya Sabha passes a resolution.
Ordinance-making power:
Under Article 213, the Governor (acting on the advice of the State Council of Ministers) can promulgate ordinances when the legislature is not in session.
Ordinances have the force of law but must be approved by the legislature within six weeks of reassembly.
B. Financial Powers
Money Bills:
Can originate only in the Legislative Assembly (Article 199).
Concerned with taxation, appropriation, etc.
The Legislative Council has limited power and can only make recommendations (which the Assembly may accept or reject).
Appropriation Bills:
Approval needed to withdraw funds from the state treasury.
Control over State Finances:
Through debates on budgets, taxation, and expenditure.
C. Control over the Executive
The State Legislature exercises control over the State Executive (Council of Ministers) through:
No-confidence motion:
If passed, the Council of Ministers must resign.
Question Hour and Interpellations:
Members can question ministers and hold them accountable.
Committees:
Various committees like Public Accounts Committee scrutinize government actions.
D. Electoral Functions
Elect members of the Rajya Sabha (Upper House of Parliament) from the state.
E. Constitutional Amendment Powers
Can participate in amending the Constitution for amendments that affect states (Article 368).
F. Other Functions
Ratify Proclamations of Emergency (Article 356) in the state.
Approve creation or abolition of Legislative Councils in the state (Article 169).
Approve the imposition of taxes.
4. Limitations on Powers
State Legislature cannot make laws inconsistent with:
Fundamental Rights.
Union Laws on Concurrent List subjects (where Parliament has legislated).
Laws can be challenged in the courts for violating the Constitution.
5. Relevant Case Law
A. State of Bihar v. Kameshwar Singh (1952)
Held that the State Legislature has plenary power to legislate on subjects in the State List.
However, this power is subject to Constitutional limitations.
B. K.C. Gajapati Narayan Deo v. Orissa (1953)
The Supreme Court held that Parliament can legislate on State List subjects in certain cases, but normally State Legislature enjoys exclusive power.
C. Rameshwar Prasad v. Union of India (2006)
Affirmed the legislative power of State Legislature and emphasized its role in democratic governance.
D. S.R. Bommai v. Union of India (1994)
The Court clarified the scope of Article 356 and the role of State Legislature.
Held that imposition of President’s Rule is subject to judicial review.
Emphasized the importance of the State Legislature in maintaining federal balance.
6. Summary Table
| Powers/Functions | Description | Constitutional Provision |
|---|---|---|
| Legislative Power | Law-making on State and Concurrent List | Articles 245, 246 |
| Financial Power | Passing budgets, money bills | Articles 199, 202, 204 |
| Control Over Executive | Motion of no confidence, questioning ministers | Implied from parliamentary system |
| Electoral Functions | Elect members to Rajya Sabha | Article 80(1)(b) |
| Constitutional Amendments | Participates in certain amendments | Article 368 |
| Emergency Powers | Ratifies imposition of President’s Rule | Article 356 |
| Ordinance Power | Governor’s power to promulgate ordinances | Article 213 |
7. Conclusion
The State Legislature is a sovereign law-making body within the ambit of the Constitution.
It plays a crucial role in state governance, law-making, controlling the executive, and managing finances.
The Constitution balances powers between Parliament and State Legislatures, ensuring federal harmony.
Judicial pronouncements have reinforced the importance and limits of the State Legislature’s powers to protect constitutional governance and democracy.
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