Module 32. State Legislature and Executive

The political structure of India is federal in nature, dividing powers between the Union and the States as per the Constitution of India (1950). Each state has its own legislature and executive, functioning within the framework of the Constitution and under the general supervision of the Union government. The state government is responsible for governance and administration in matters listed under the State List and Concurrent List of the Seventh Schedule of the Constitution.

Structure of the State Legislature

The State Legislature is the law-making body at the state level. Depending on the size and status of the state, it may be either unicameral (with one House) or bicameral (with two Houses).
1. Composition

• Unicameral Legislature: Most Indian states have a single legislative body known as the Legislative Assembly (Vidhan Sabha).
• Bicameral Legislature: A few states, such as Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh, have two Houses — the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad).

2. Legislative Assembly (Vidhan Sabha)

• The Legislative Assembly is the lower house and the primary law-making body in the state.
• Members are directly elected by the people through adult franchise for a term of five years, unless the Assembly is dissolved earlier.
• The number of members varies from 60 to 500, depending on the population of the state.
• The Governor has the power to nominate one member from the Anglo-Indian community (this provision was discontinued by the 104th Constitutional Amendment, 2020).
• The Speaker and Deputy Speaker are elected from among the members of the Assembly.

3. Legislative Council (Vidhan Parishad)

• The Legislative Council is the upper house and serves as a permanent body, similar to the Rajya Sabha at the Union level.
• Its strength cannot exceed one-third of the total membership of the Legislative Assembly and cannot be less than 40 members.
• Members serve six-year terms, with one-third retiring every two years.
• The composition is partly elected and partly nominated as follows:
  • 1/3 elected by members of local bodies.
  • 1/12 elected by teachers.
  • 1/12 elected by graduates.
  • 1/3 elected by the Legislative Assembly.
  • The remaining members are nominated by the Governor from among persons with experience in literature, science, art, cooperative movement, or social service.

4. Powers and Functions of the Legislature

• Legislative Powers: The Legislature can make laws on subjects in the State List and the Concurrent List (subject to the supremacy of Parliament in case of conflict).
• Financial Powers: The Legislative Assembly holds primary control over finances. Money Bills can only originate in the Assembly and require the Governor’s assent.
• Executive Control: The Legislature exercises control over the Council of Ministers through questions, debates, motions, and no-confidence motions.
• Electoral Role: Members of the Legislative Assembly participate in the election of the President of India and Rajya Sabha representatives from the state.

The State Executive

The State Executive is responsible for implementing laws and administering governance within the state. It consists of three main authorities:

1. Governor
2. Chief Minister
3. Council of Ministers

1. The Governor

• The Governor is the constitutional head of the state and represents the President of India.
• Appointed by the President for a five-year term, the Governor holds office during the President’s pleasure.
• A person can be the Governor of more than one state simultaneously.
• The Governor must be a citizen of India and at least 35 years old.

Powers and Functions of the Governor:

• Executive Powers: Appoints the Chief Minister and other ministers; also appoints the Advocate General, State Public Service Commission members, and other officials.
• Legislative Powers: Summons and prorogues the Legislature, dissolves the Legislative Assembly, and addresses its first session after every general election.
• Financial Powers: Ensures that the annual budget is laid before the Legislature and gives prior assent to Money Bills.
• Judicial Powers: Can grant pardons, reprieves, and remissions for offences under state law.
• Discretionary Powers: May act independently in certain situations such as recommending President’s Rule under Article 356 or reserving bills for the President’s consideration.

2. The Chief Minister

• The Chief Minister (CM) is the real executive head of the state government.
• Appointed by the Governor, the Chief Minister is usually the leader of the majority party in the Legislative Assembly.
• The Chief Minister’s tenure is co-terminous with the confidence of the Assembly.

Powers and Functions of the Chief Minister:

• Head of the Council of Ministers: Presides over its meetings and allocates portfolios.
• Advisor to the Governor: Communicates decisions of the Council of Ministers and advises on state administration.
• Link between Centre and State: Keeps the Governor informed about state affairs and ensures the implementation of central directives.
• Policy Leader: Plays a key role in formulating policies and presenting them in the Legislature.

3. The Council of Ministers

• The Council of Ministers, headed by the Chief Minister, is the principal executive authority.
• It comprises three categories of ministers — Cabinet Ministers, Ministers of State, and Deputy Ministers.
• The Council is collectively responsible to the Legislative Assembly, as per Article 164(2) of the Constitution.
• It aids and advises the Governor in the exercise of his functions, except in discretionary matters.

Relationship between the Legislature and the Executive

The relationship between the Legislature and Executive in the states mirrors that at the Union level. While the Governor is the nominal executive, the Chief Minister and Council of Ministers exercise actual executive powers. The Legislature maintains democratic control over the Executive through mechanisms such as:

• Question Hour and Zero Hour for ministerial accountability.
• Debates and discussions on government policies and expenditure.
• No-confidence motions to test the majority of the government.
• Committee system, such as Public Accounts and Estimates Committees, to examine governmental functioning.

Judicial and Federal Safeguards

The federal structure ensures that the Judiciary can review state laws to maintain constitutional balance. Disputes between the Centre and the States, or between states themselves, can be resolved by the Supreme Court under Article 131.
Additionally, the Union Government may assume control of a state under Article 356 if the constitutional machinery breaks down — a provision meant for exceptional circumstances but often criticised for political misuse.