Powers and Functions of State Legislature

Articles from 168 to 212 of the Indian Constitution deal with the State Legislature. The State Legislature consists of Governor and the Legislative Assembly in case of unicameral legislature and in case of bicameral legislature, a Legislative Council exists in addition. The State Legislature has the power to make laws on items in the State List as well as the Concurrent List. If there is a conflict between the laws passed by the State Legislature and the Union Legislature, the latter will prevail. But, if the State law received the assent of the President of India, it would prevail over the Union law.

Powers of State Legislature

• As ours is a Parliamentary form of Govenement even at the State level, the State Legislature selects the State Executive indirectly. In other words, the leader of the political party or coalition that enjoys absolute majority in the Legislative Assembly gets the invitation to form the Government.
  
  Ministers including the Chief Minister can be from either House of the State Legislature. But the Council of Ministers are collectively responsible only to the Legislative Assembly. The Govenement need not to have majority in the Legislative Council.
  
  
• Through a no-confidence motion, the Legislative Assembly can remove the Executive.
  
  
• Legislative Assembly participates in the election of the President of India, elections to the Rajya Sabha from the State and in the amendment of the Constitution relating to the provisions of States. The Legislative Council has no role these cases.
  
  
• The State Legislature exerts control over the Executive branch of the Govenement through various devices like question hour, adjournment motion, calling attention motion, etc.
  
  
• The State Legislature exercises control over the finances, as its approval is necessary for levying taxes and incurring expenditure of the revenues.
  
  
• The State Legislature also considers the reports of government bodies and committees like State Finance Commission, State Public Service Commission, Comptroller and Auditor General (CAG), etc.
  
  
• The Legislative Council does have the right to vote on Demands for Grants, which is the exclusive right of the Legislative Assembly.

Bills in State Legislature

Article 200 of the Indian Constitution specifies the procedure for passing Bills in State Legislature. The passing of Bills is somewhat different for Money Bill when compared to other types of Bills. Even though procedure of passing the Bills is different, Legislative Assembly has an upper hand over the Legislative Council in all types of Bills. The Bills that are introduced in the State Legislature have to go through three readings before going for the assent of the Governor.

Bills other than Money Bill

• Any Bill can be introduced in either House of the State Legislature except for a Money Bill that can be introduced only in the Legislative Assembly.
  
  
• When a Bill is introduced and approved in the Lower House (Legislative Assembly) and if it is transmitted to the Upper House (Legislative Council), it has to express its opinion within 3 months.
  
  Within these 3 months it can approve, reject or suggest some Amendments to the Bill. If the Bill is rejected or returned back with some amendments or if 3 months have elapsed, the Bill goes for a second journey in the Lower House.
  
  Second time, if the Bill is approved by the Legislative Assembly and is again sent to the approval of Upper House, in this stage the Upper House has to give its opinion within one month.
  
  The Bill is deemed to be passed by the State Legislature even if the Upper House rejects it or one month has elapsed or the Upper House passed the Bill with some amendments to which Lower House does not agree.
  
  So, Upper House can delay a Bill for a maximum of 4 months. After 4 months, irrespective of the opinion of the Upper House, the Bill is deemed to be approved.
  
  
• When a Bill is introduced and approved in the Upper House and then transmitted to the Lower House and if the Lower House rejects the Bill, in such situation the Bill is defeated. In all situations, Lower House prevails.

Money Bill

• A Money Bill can be initiated only in the Legislative Assembly.
  
  
• After the Money Bill is passed in the Lower House and is transmitted to the Upper House, the Upper House shall give its opinion about the Bill within 14 days from the date of its receipt in the House. It can suggest some amendments to the Bill within this stipulated time.
  
  
• The Money Bill is deemed to be passed if the Lower House accepts or rejects the recommendations made by the Upper House or if the Upper House fails to give its opinion within the stipulated 14 days.

1. For a maximum of how many days, can an Ordinary Bill be delayed by the Legislative Council?
   
   
   1. 14 Days
   
   
   2. 1 Month
   
   
   3. 2 Months
   
   
   4. 4 Months
   
   Answer
   
   Ans: D
   
   
   
2. In which of the following cases, the Legislative Council can participate?
   
   
   1. Discussion of the Money Bill
   
   
   2. Election of the President
   
   
   3. Elections to the Rajya Sabha from the State
   
   
   4. Amendment of the Constitution related to States
   
   Answer
   
   Ans: A