Mechanism of state government, legislature, powers and functions

STATE GOVERNMENT

The Union of India comprises of 29 States and 6 Union Territories. The State Governments follow the model of the Central Government and thus have the Legislature, Executive and Judiciary. The State Government has the power to frame laws on subjects under the State List and implement them. Some States have two Houses like the Parliament, whereas some states have only the Lower House (Legislative Assembly).

STATE LEGISLATURE

The State Legislature is composed of the Governor and the two Houses. The Upper House is called Legislative Council (Vidhana Parishat) and the Lower House is called Legislative Assembly (Vidhana Sabha). The Legislative Assembly has representatives of the people whereas the Legislative Council has representatives from various fields.

Vidhana Sabha (Assembly)

The strength of the Vidhana Sabha depends on the population of the State. The maximum number of seats of any Vidhana Sabha should not exceed 500 or be below 60. The Governor can nominate one member from Anglo Indian community if he feels that they are not represented properly. However, the number of seats in small States is less. Ex Mizoram and Goa, there are 40 members each. The Vidhana Sabha in Karnataka has 225 members. 224 members are elected whereas one Anglo-Indian is nominated by the Governor.

Qualifications for a Legislative Assembly member:

1. Should be a citizen of India.

2. Should have completed 25 years of age.

3. Should not be employed in any office of profit of the Government.

4. Should not have been punished by any court.

5. Should not be of unsound mind.

6. Should not be an insolvent.

7. Should possess the qualifications as decided by the Parliament from time to time.

Term of office :

The members of the Legislative Assembly (Vidhana Sabha) are elected for a term of 5 years. However, the Assembly may be dissolved before the expiry of the full term on the recommendation of the Cabinet. At that time, the State will be under President’s rule. If the Members do not intend to continue in the Assembly, they should submit their resignation to the Speaker.

The Speaker and the Deputy Speaker are elected from among the elected Members of the Assembly. The proceedings of the House are carried on under the chairmanship of the Speaker. He has the functions of maintaining the peace, dignity and decorum of the House, summoning and postponing the meetings, safeguarding the rights of the Members, and casting the decisive vote when bills receive equal number of votes supporting and opposing them.

Powers and functions of the Legislative Assembly :

Legislative powers :

The Legislative Assembly has the power to frame laws relating to the subjects mentioned in the State List and the Concurrent List. The Bills have to be passed by both the Houses before they are sent to the Governor for his signature. The Governor may send certain Bills to the President for his approval.

Financial powers :

The Legislative Assembly has greater powers than the Legislative Council in the matter of finance. The Finance Bill has to be first presented in the Legislative Assembly, and only then in the Legislative Council. Though the Legislative Council does not have the power to reject any, Financial Bill, it can delay it for 14 days. If the Vidhana Parishad fails to send the bill within fourteen days, it is assumed as passed and forwarded to the Governor for his approval.

Administrative powers:

The State Executive is responsible to the Legislative Assembly, and can be in power only as long as it enjoys the trust of the Legislative Assembly. Each Member of the Council of Ministers is individually accountable, and the whole Council of Ministers is accountable to the Legislative Assembly. Electoral powers : The elected members of the Legislative Assembly has the power to elect the President, Members of the Rajya Sabha and Legislative Council, Speaker and Deputy Speaker of the Assembly.

Other powers :

The Members of the Legislative Assembly discuss bills passed by the Parliament when the need arises. The reports of the State Public Service Commission and other reports are discussed in the Legislative Assembly.

Legislative Council (Vidhana Parishad)

The Upper House of the State Legislature is called the Legislative Council. The strength of this House is of that of the Legislative Assembly of the State. However, it should not be less than 40. This is the reason why some states do not have a Legislative Council. The number of members of the Karnataka Legislative Council is 75. These members represent five areas. Some are elected from among the Members of the Legislative Assembly, Local Bodies, Graduates’ Constituencies, Teacher’s Constituencies.

The Governor nominates some Members who are experts in the fields of art, literature, education, social service, science etc. The Legislative Council is a permanent body.

Qualifications of the M.L.C.s :

1. Should be a citizen of India.

2. Should have completed 30 years of age.

3. Should possess all qualifications as required for an M.L.A.

The term of office of the Members is 6 years. Every two years of the Members of the Legislative Council retire. The Speaker and the Deputy Speaker are chosen from among the Members. The Speaker assumes Chairmanship during the proceedings of the House and ensures dignity and decorum of the House.

Powers of the Legislative Council Legislative powers :

All bills may be presented in both the Houses, except money bills which as presented first only in Legislation Assembly. After the bill is approved by one House, it is sent to the other House. The Legislative Council can withhold a bill for 3 months. However, when the same bill is sent by the Legislative Assembly for the second time, the Council should approve it within one month. If it doesn’t do so, it will be understood that both the Houses have approved the bill and it will be sent to the Governor for his assent.

The process of creation of an Act :

1. First reading : The person who tables the bill reads out the text loudly.

2. During the second reading, a discussion can take place or the bill may be sent to respective house committee. The committee deliberates on the bill and submits its report to the legislative house. The house can either approve or reject the bill after discussion.

3. During the third reading the house can discuss the bill orally. After the approval, the bill would be sent to another house. If this, house also completes all the procedures, the bill is sent for Governor’s approval. If the Governor approves then the bill becomes act. The Governor may also forward it to the president for approval.

Financial powers :

The Legislative Assembly has greater powers over finance than the Legislative Council which can only withhold a finance bill for 14 days. If it does not return the bill after 14 days, it is understood that both the Houses have approved the bill and it is sent to the Governor for his approval. Administrative powers: The Legislative Council does not have much control over administration. It can obtain information by posing questions to Ministers. If the questions are not answered properly, it can only insist on the Minister’s resignation but cannot move a No Confidence motion.

Discretion powers :

The Legislative Council carries on debates about the Government’s programmes, policies, decisions and Acts. As this is the House of Elders’, the debates are carried on in a very serious manner.