The State Legislature in India typically consists of the Governor and the Legislative Assembly, known as the Vidhan Sabha. This structure is referred to as a unicameral legislature. In contrast, some states have a bicameral legislature, which includes both the Legislative Assembly and the Legislative Council (Vidhan Parishad). Currently, five states possess a bicameral legislature. The Legislative Assembly is often termed the lower house or popular house, while the Legislative Council is known as the upper house. The Legislative Assembly holds power, akin to the Lok Sabha at the national level.
Legislative Assembly (Vidhan Sabha)
Each state has a Legislative Assembly that represents its citizens. Members are directly elected through universal adult franchise. All citizens aged 18 and above can vote. Each state is divided into single-member constituencies, with seats reserved for Scheduled Castes and, in some states, Scheduled Tribes based on their population. To qualify as a member of the Vidhan Sabha, one must:
- – Be a citizen of India.
- – Be at least 25 years old.
- – Be listed on the voters’ list.
- – Not hold any office of profit.
The Assembly consists of a minimum of 60 and a maximum of 500 members. Small states, like Goa, may have fewer members. The Governor can nominate one member from the Anglo-Indian community if they are underrepresented. The tenure of the Vidhan Sabha is five years, but it can be dissolved earlier by the Governor upon the Chief Minister’s advice. In times of constitutional emergency, the President can also dissolve it.
Presiding Officer (The Speaker)
The Speaker is elected by the members of the Vidhan Sabha and presides over its meetings. Responsibilities include maintaining order, allowing members to speak, and conducting votes. The Speaker typically does not vote but can cast a vote in case of a tie. The Deputy Speaker, elected from among the members, presides in the Speaker’s absence.
Legislative Council (Vidhan Parishad)
The Vidhan Parishad is the upper house of the state legislature and is not present in all states. Currently, five states have this council – Uttar Pradesh, Bihar, Karnataka, Maharashtra, and Jammu & Kashmir. The Parliament can create or abolish a Legislative Council based on a resolution passed by the state’s Legislative Assembly. The composition of the Legislative Council is partly elected and partly nominated. Membership criteria include: – Citizenship of India. – Minimum age of 30 years. – Being a registered voter in the state. – Not holding any office of profit. The total number of members should not exceed one-third of the Vidhan Sabha’s total members, with a minimum of 40 members.
Chairman of the Legislative Council
The Chairman, elected by the members, presides over the Vidhan Parishad. The Chairman maintains order and discipline in the house. In their absence, the Deputy Chairman takes over.
Sessions of the State Legislature
The State Legislature convenes at least twice a year, with sessions not exceeding six months apart. The Governor summons and prorogues sessions. The Governor addresses the legislature at the start of the first session after general elections and annually. This address outlines the government’s policy. Members of the State Legislature enjoy privileges similar to those in Parliament.
Powers and Functions of the State Legislature
The State Legislature is empowered to make laws, control finances, oversee the executive, and perform electoral functions.
Law-Making Authority
The primary function of the State Legislature is law-making. It can legislate on matters in the State List and Concurrent List. Ordinary bills can be introduced in either house, while money bills must originate in the Vidhan Sabha. Once a bill is passed, it is sent to the Governor for assent. The Governor may return it for reconsideration. If passed again, the Governor must assent. In emergencies, the Governor can issue ordinances that have the force of law until the legislature reconvenes. These ordinances must be replaced by regular bills within six weeks.
Financial Powers
The State Legislature controls state finances. Money bills must be introduced in the Vidhan Sabha. The Speaker certifies whether a bill is a money bill. After passing in the Vidhan Sabha, it goes to the Vidhan Parishad, which must return it within 14 days. The Vidhan Sabha can accept or reject recommendations from the Vidhan Parishad. The Governor cannot withhold assent to money bills.
Control over the Executive
The State Legislature exercises control over the executive. The Council of Ministers is collectively responsible to the Vidhan Sabha. It remains in office as long as it has the Assembly’s confidence. A vote of no-confidence can remove the Council. The legislature can question the government, move adjournment motions, and issue calling attention notices.
Electoral Functions
Members of the Vidhan Sabha participate in the Electoral College for electing the President of India. They also elect Rajya Sabha members and one-third of the Vidhan Parishad members, if applicable. Voting follows the single transferable vote system.
Qualifications for Membership
To be elected to either house of the State Legislature, candidates must:
- – Be Indian citizens.
- – Be at least 25 years old for the Vidhan Sabha and 30 for the Vidhan Parishad.
- – Meet any additional qualifications set by law.
Representation in the State Legislature
Article 332 of the Constitution of India reserves seats in the State Legislative Assemblies for Scheduled Castes and Scheduled Tribes. The Governor may nominate one member from the Anglo-Indian community if necessary.
Term of State Legislative Assembly
The typical tenure of the State Legislative Assembly is five years. However, it can be dissolved early by the Governor or extended by Parliament during emergencies.
Powers of the State Legislative Assembly
The State Legislative Assembly holds powers:
- – Legislative Powers – It has more authority than the Legislative Council. Most bills must pass through the Assembly first.
- – Executive Powers – The Assembly oversees the Council of Ministers and can question its decisions.
- – Financial Powers – It controls state finances and the annual budget.
- – Amendment Powers – Certain constitutional amendments require the Assembly’s agreement.
- – Electoral Powers – The Assembly elects members to the Rajya Sabha and the Speaker.
Speaker of the State Legislative Assembly
The Speaker is the principal spokesperson for the Assembly. They regulate proceedings and maintain order. The Speaker is elected by Assembly members, alongside a Deputy Speaker. The Speaker decides the order of proceedings, admissibility of bills, and can cast a vote to break ties. The State Legislative Assembly is crucial for maintaining democracy and governance in the states. It acts as the highest law-making body, representing the will of the people.
