Constitutional Bodies

Introduction

The state legislature is a part of the machinery of government as provided by the Constitution of India. Its task is to write the laws of the state, to make sure that the machinery of governance runs in accordance with democracy and the rule of law. The Constitution describes how the government is intended to work in India by describing how state legislatures are constructed and what their powers are. This article will dissect these provisions in the Constitution to help contextualize how state legislatures are structured and the parameters of the arrangement.

Organization and Composition

Article 168 of the Constitution lays down how state legislatures will be structured. It allows for a bicameral (two chambers) system or unicameral (one chamber) system, depending on the each states discretion. With the exception of Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Telangana and Uttar Pradesh, all states in India have unicameral legislatures.

Unicameral Legislature — one house, the Legislative Assembly

2 Houses — Program: Bicameral Legislature — Legislative Assembly and Legislative Council.

Article 171 Eligibility for the membership of State legislature Candidate must be an Indian national and over 25 for the Legislative Assembly or over 30 for the Legislative Council. They also have to meet other qualifications set by the state, and they cannot hold a paid governmental position.

Duration

As per Article 172, the state legislature has a five-year term, which means that the Legislative Assembly generally runs for this period, unless it is dissolved before that. This can be extended by one year at a time, if the state are under the President’s Rule, as per Article 356, but only up to a total of three years. In contrast, the Legislative Council is a permanent body and does not dissolve. Instead, every other year, one-third of its membership retires and elections are held to replace them.

Officers

As there are rules for many legislative meetings, the state legislature’s officers are important. In the Legislative Assembly, these are the Speaker and Deputy Speaker. In the Legislative Council they are the president and vice president.

Speaker and Deputy Speaker: Contributors of Legislative assembly go with a Speaker and a Deputy Speaker by means of the provisions of Article 178. The Speaker presides over assembly meetings and the Deputy Speaker assists him and acts on his behalf when the Speaker is not able to act.

Chairman and Deputy Chairman: Article 179 members of the Legislative Council elect a chairman and a Deputy Chairman. Chairman: Presides over Council conferences; the Deputy Chairman assists and fills in if the Chairman is unavailable.

Privileges and Powers

The state legislature has forms and oversight powers to keep an independent and honest legislative course. Article 194 of the Constitution gives these privileges and powers just like that of Parliament.

Entitlements: Members are entitled to certain protections to conduct their functions without fear. These include the right to speak freely during legislative meetings, protection from being sued for what they say there, and access to information and resources that they may need.

Powers: It can legislate on matters in the Seventh Schedule of the Constitution under the State List and the Concurrent List. Article 246 describes the subject matters over which the respective governments will legislate. The state parliament can also amend the state’s constitution, but to a lesser extent than the Union Parliament.

Addition of Provisions for Officers of the State Legislature

Removal of Officers: The procedure for removal of Speaker, Deputy Speaker, Chairman and Deputy Chairman is provided in Articles 178 and 179. They may be expelled by a majority vote of house members, with at least one-tenth of members qualifying in favor of the resolution.

Salaries and Allowances: Article 174 mentions the state legislature is responsible for determining the remuneration and allowances for the Speaker, Deputy Speaker, Chairman, and Deputy Chairman, all of which are financed from the state’s Consolidated Fund.

State Legislature: The Powers of the State Legislature

The state legislature has all necessary powers for governing the state, per the Constitution:

Law-Making Powers: The state legislature can make laws on subjects in the State List and Concurrent List under Articles 246 and 248 of the Constitution, except for subjects allocated to the Union Parliament.

Financial Powers: Articles 202 and 203 define financial powers of the state legislature, including approving the state budget, deciding on taxes and permitting government spending.

Executive Oversight: State legislature manages executive branch by approving budget, questioning ministers and passing vote of no confidence which can lead to government stepping down.

Constitutional Amendments: According to Article 368, the state legislature can amend the state constitution by following prescribed procedures in consonance with the Constitution.

Conclusion

The state legislature is an important institution that handles the work of the state in India. It has a well-defined method by which it will work, including its structure, composition, tenure, officers, privileges and powers, and this is how it gets its name, the Constitution. These provisions are useful to know for anyone interested in learning how laws are made and how states are, in turn, governed, in India.