Functions and Powers of the State Legislature
The State Legislature in India plays a crucial role in the governance of a state, mirroring many of the functions and powers of the Union Parliament. Understanding these powers is vital for mastering UPSC Polity and Constitution.
Legislative Functions
The primary function of the State Legislature is to make laws for the state. This involves the entire process of bill introduction, debate, amendment, and enactment. The distribution of legislative powers between the Union and the states is outlined in the Seventh Schedule of the Constitution, with the State Legislature having exclusive powers over subjects in the State List and concurrent powers over subjects in the Concurrent List.
The Seventh Schedule of the Constitution.
Financial Functions
The State Legislature exercises control over the state's finances. This includes the presentation and approval of the State Budget (Annual Financial Statement), supplementary budgets, and the passage of appropriation and finance bills. No money can be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed by the legislature.
The State Legislature's financial powers are a critical check on the executive, ensuring accountability in public spending.
Control over the Executive
The State Legislature keeps a watch over the actions of the state executive (Council of Ministers). This is achieved through various parliamentary devices such as questions, calling attention notices, adjournment motions, no-confidence motions, and debates. The Council of Ministers is collectively responsible to the Legislative Assembly.
The State Legislature holds the executive accountable.
Through parliamentary devices, the legislature scrutinizes the actions of the Council of Ministers, ensuring they remain responsible to the people's representatives.
Key parliamentary devices used for executive control include:
- Questions: Members can ask questions to ministers about their departments.
- Calling Attention Notices: Members can draw the attention of ministers to urgent matters of public importance.
- Adjournment Motions: Used to discuss a definite matter of urgent public importance, requiring the government to state its position.
- No-Confidence Motions: A motion that can be moved against the entire Council of Ministers, leading to their resignation if passed by the Legislative Assembly.
Constituent Powers
The State Legislature participates in the amendment of the Constitution. While most amendments require ratification by the state legislatures, amendments affecting the federal structure or provisions relating to the states require ratification by at least half of the state legislatures. This gives states a voice in constitutional changes.
Electoral Functions
Members of the State Legislative Assembly (MLAs) participate in the election of the President of India and the election of members to the Rajya Sabha. This highlights the interconnectedness of state and national governance.
Miscellaneous Functions
The State Legislature also performs other functions, such as discussing matters of public importance, ratifying treaties and agreements, and considering reports of various constitutional bodies like the State Public Service Commission and the State Finance Commission.
The legislative process for a bill in a State Legislature involves several stages: Introduction, First Reading, Committee Stage, Second Reading (including consideration and amendment), Third Reading, and finally, transmission to the other House (if bicameral) or to the Governor for assent. The Governor can give assent, withhold assent, or return the bill for reconsideration (except for Money Bills). If the Governor returns a bill, and the legislature passes it again, the Governor must assent to it. If the Governor reserves a bill for the President's consideration, the President can assent, withhold assent, or direct the Governor to return the bill for reconsideration by the state legislature. The President's decision is final.
Text-based content
Library pages focus on text content
| Function | Description | Key Mechanism |
|---|---|---|
| Legislative | Making laws for the state | Bill passage and assent |
| Financial | Controlling state finances | Budget approval, appropriation bills |
| Executive Control | Overseeing the state executive | Questions, motions, no-confidence |
| Constituent | Participating in constitutional amendments | Ratification of specific amendments |
| Electoral | Participating in national elections | Presidential and Rajya Sabha elections |
Learning Resources
Provides the foundational legal framework for the powers and functions of state legislatures as enshrined in the Constitution of India.
A detailed explanation of the legislative, financial, and control functions of state legislatures, often used for competitive exam preparation.
Offers insights into the various powers and responsibilities of state legislatures, with a focus on exam-oriented content.
A comprehensive PDF document detailing the legislative, financial, and oversight powers of state legislatures.
Explains the various parliamentary tools used by legislatures to hold the executive accountable, applicable to state legislatures as well.
While not a direct URL, this is the most authoritative textbook for UPSC Polity, with dedicated chapters on State Legislatures and their powers.
Details the distribution of legislative powers between the Union and the States, crucial for understanding the scope of state legislative functions.
A visual explanation of the legislative process for bills, which is fundamental to the legislative functions of state legislatures.
Discusses the Governor's role in the legislative process, including assent to bills, which is a key aspect of legislative powers.
Provides a broad overview of state legislatures in India, including their structure, powers, and functions.