Introduction
India, being a federal democracy, has both central and state legislatures. While Parliament governs at the national level, each state has its own legislature to frame laws on subjects under the State List and Concurrent List. The State Legislature plays a critical role in the functioning of state governments, lawmaking, and ensuring checks and balances on the executive.
Just like the Parliament at the center, the State Legislature functions through debates, bills, questions, and motions, ensuring transparency and accountability in governance.
Structure of the State Legislature
There are two types of State Legislatures in India:
1. Unicameral Legislature
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Consists of only one house: the Legislative Assembly (Vidhan Sabha).
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Most Indian states follow this system.
2. Bicameral Legislature
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Consists of two houses:
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Legislative Assembly (Vidhan Sabha)
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Legislative Council (Vidhan Parishad)
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Only a few states have a Legislative Council: Uttar Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Andhra Pradesh.
Legislative Assembly (Vidhan Sabha)
Composition
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Members are directly elected by the people through universal adult suffrage.
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Seats are allocated based on population.
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Tenure: 5 years, but may be dissolved earlier by the Governor.
Powers and Functions
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Makes laws on subjects of the State and Concurrent Lists.
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Approves the budget and financial bills of the state.
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Controls the Executive through questions, motions, and discussions.
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Elects the Speaker and Deputy Speaker.
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Has power to introduce a motion of no-confidence against the Council of Ministers.
Legislative Council (Vidhan Parishad)
Composition
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Not more than 1/3rd of the total strength of the Legislative Assembly.
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Members are indirectly elected:
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1/3rd elected by local bodies
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1/12th by teachers
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1/12th by graduates
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1/3rd by MLAs
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Remainder nominated by the Governor (eminent people in literature, art, science, etc.)
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Tenure
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Permanent body — one-third of members retire every two years.
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Term of each member is 6 years.
Functions
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Reviews and suggests amendments to bills passed by the Assembly.
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Cannot reject Money Bills but may delay them for 14 days.
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Functions as a deliberative and revising chamber, similar to Rajya Sabha at the national level.
Legislative Procedure in States
1. Ordinary Bills
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Introduced in either house (if bicameral).
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Passed by both houses and sent to the Governor for assent.
2. Money Bills
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Can only be introduced in the Legislative Assembly.
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The Speaker certifies a bill as a Money Bill.
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Council can only recommend changes and delay for 14 days.
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The Assembly may accept or reject those recommendations.
3. Budget
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Presented by the Finance Minister of the state.
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Approved by the Legislative Assembly after discussion.
Powers and Limitations of the State Legislature
Powers
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Can legislate on State and Concurrent subjects.
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Controls the Council of Ministers.
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Approves the state budget.
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Can punish for breach of privilege.
Limitations
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Cannot legislate on Union List subjects.
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In case of conflict on Concurrent List, central law prevails.
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Bills require Governor’s assent, who can reserve certain bills for the President.
Role of Governor in Legislative Process
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Summons and prorogues the legislature.
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Can dissolve the Assembly.
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Gives assent to bills or sends them for Presidential consideration.
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Addresses the first session every year with a policy speech.
Significance of State Legislature
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Ensures decentralized law-making.
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Represents the will of the people at the state level.
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Provides a platform to raise regional and local issues.
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Holds the Executive accountable.
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Strengthens the foundation of democracy and federalism.
Conclusion
The State Legislature is the law-making authority of the states. It is essential in shaping the governance, policy, and development framework at the regional level. While the Legislative Assembly plays a dominant role, the Legislative Council (where it exists) adds depth and scrutiny to the legislative process.
Understanding the working, structure, and powers of State Legislatures helps citizens and students appreciate the federal structure of India and the importance of local representation in governance.