What is State Legislature / Legislative Process (in states)?
Historical Background
Key Points
7 points- 1.
Composition: Article 168 states that every state shall have a Legislature consisting of the Governor and the Legislative Assembly; some states also have a Legislative Council.
- 2.
Legislative Assembly (Vidhan Sabha): Members are directly elected by the people for a term of five years (Article 170). Its strength varies from 60 to 500 members.
- 3.
Legislative Council (Vidhan Parishad): An optional upper house, its creation/abolition is by a resolution passed by the Assembly with a special majority and then by an Act of Parliament (Article 169). Its strength is limited to one-third of the Assembly's strength (Article 171).
- 4.
Sessions: The Governor summons, prorogues, and dissolves the Assembly (Article 174). There cannot be a gap of more than six months between two sessions.
- 5.
Legislative Procedure: Bills (ordinary, money, financial) pass through various stages (introduction, discussion, voting) in the Houses before receiving the Governor's assent (Articles 196-201).
- 6.
Money Bills: Can only be introduced in the Legislative Assembly and require the Governor's prior recommendation (Article 198). The Council has limited powers over money bills.
- 7.
Governor's Role: The Governor is an integral part of the state legislature, assenting to bills, promulgating ordinances (Article 213), and addressing the Houses.
Visual Insights
Legislative Process for an Ordinary Bill in a State Legislature (Unicameral)
This flowchart outlines the typical stages an ordinary bill undergoes to become a law in a state with a unicameral legislature (Legislative Assembly).
- 1.Introduction of Bill (Legislative Assembly)
- 2.First Reading (Introduction & Publication in Gazette)
- 3.Second Reading (General Discussion, Committee Stage, Clause-by-Clause Consideration)
- 4.Third Reading (Voting on the Bill as a whole)
- 5.Governor's Assent (Can assent, withhold, or return for reconsideration)
- 6.Bill Becomes an Act (Published in Official Gazette)
Legislative Assembly vs. Legislative Council: Powers and Composition
This table compares the key features, powers, and composition of the Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad) in states with bicameral legislatures.
| Aspect | Legislative Assembly (Vidhan Sabha) | Legislative Council (Vidhan Parishad) |
|---|---|---|
| Nature | Lower House / Popular House | Upper House / House of Elders |
| Composition | Directly elected members (60-500) | Indirectly elected/nominated members (Max 1/3 of Assembly, Min 40) |
| Term | 5 years (can be dissolved) | Permanent body (1/3 members retire every 2 years) |
| Money Bills | Can only be introduced here; Council has limited delaying power (14 days) | Cannot be introduced; can only delay for 14 days |
| Ordinary Bills | Primary law-making body; Council can delay for max 4 months | Can introduce (except Money Bills); can delay for max 4 months |
| Confidence Motion | Can pass/defeat confidence motion against Council of Ministers | Cannot pass confidence motion |
| Creation/Abolition | Exists in all states | Optional; created/abolished by Parliament on Assembly's resolution (special majority) |
Recent Developments
5 developmentsIncreasing instances of special sessions being called to address specific issues or pass crucial legislation.
Debates over the powers of the Governor, especially regarding assent to bills and summoning/proroguing sessions.
Challenges related to legislative productivity, quality of debates, and the role of the opposition.
Use of ordinances by Governors, sometimes leading to friction with elected governments.
Discussions on the relevance and utility of Legislative Councils in states.