Powers And Functions Of The State Legislature
1. Legislative Powers: The State Legislatures have been empowered to legislate on the 66 subjects enumerated in the state list. In addition, they also enjoy the right to legislate on the subjects contained in the Concurrent List. Financial Power: The State Legislature possesses the power to raise finances with regard to all those items which have been entrusted to the State Governments. However, all money bills can originate only in the Legislative Assembly and after they are passed by it, are transmitted to the Legislative Council for its recommendation. The Legislative Council can make necessary recommendations to the Legislative Assembly within fourteen days of the receipt of the Bill. However, it is up to the Legislative Assembly to accept or reject the recommendations of the Legislative Council.
Control over the Executive
The Constitution specifically makes the Council of Ministers collectively responsible to the State Legislature. It stays in office as long as it enjoys the confidence of the majority of the members of the State Legislature. The State Legislature can criticise the policies of the Ministry and highlight its shortcomings by asking questions and supplementary questions, by moving adjournment motions etc. In extreme cases, the Legislative Assembly can oust the Ministry by passing a vote of no confidence against the Council of Ministers.
Electoral Functions
The State Legislature also performs electoral functions. The elected members of the Legislative Assembly participate in the election of the President. Similarly, they elect the members of the Rajya Sabha and one-third of the Legislative Council. In addition to two houses of the State Legislature elect their respective presiding officers and deputy presiding officers.
Amendment of Constitution
The State Legislature ratified those amendments of the Constitution which affect the Federal structure of the country. Such amendments, after their adoption by the two houses of Parliament by two-thirds majority, must be ratified by the Legislatures of at least half of the State of the Indian Union.
Right to suspend, expel and terminate members
The State Legislature also reserves the right to suspend its members from the house on grounds of unruly behaviour for various durations. In extreme cases, the State Legislature can even expel its members as was done by the Haryana Legislature in the case of Hardwari Lal in 1975. The Legislature can also terminate the Membership of the member if he absents himself from the meetings of the house for a period of sixty days, excluding the period of progroguement or adjournment of the house without the permission of the House.
The Relative Position of the two Houses
The position of the Vidhan Parishad is weak in relation to that of Vidhan Sabha. Even in theory, it is nọ a match to the Rajya Sabha which despite being the upper chamber of the Union Legislature, has some effective powers.
1. It cannot do anything else than making a delay of 14 days in case of Money Bill and of three months in case of a Non-money bill or of one month only in case a non-money bill is: readopted by the Vidhan Sabha after it is returned to it with its recommendations.
2. The Constitution makes no arrangement for the holding of a joint session of the State Legislature. Thus, while the Vidhan Sabha may over-ride the will of the Vidhan Parishad, the reverse is impossible.
3. The Members of the Vidhan Parishad are not eligible to take part in the election of the President nor is it required that they should have a meaningful say in the ratification of a Bill of Constitutional amendment.
Limitations on the Power of the State Legislature
Certain types of Bills cannot be moved in the State Legislature without the previous sanction of the President of India. Certain Bills passed by the State Legislature cannot become operative until they receive the President’s assent after having been reserved for his consideration by the Governor. The Constitution empowers Parliament to frame laws on subjects included in the State List if the Council of Statė declares that it is necessary and expedient in the national interest that Parliament should legislate on this subject. Parliament can exercise the power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List, while a proclamation of Emergency is in operation. The Legislative competence of Parliament can also extend to the subjects enumerated in the State List during the operation of the proclamation of the breakdown of the Constitutional machinery.
Let us now look at The State Legislature.