State Legislature

The function of the government of any state includes the important aspect of making the laws and ensuring compliance by suitable enforcement measures for the benefit of society and the people. Before discussing it in detail, we must know what is legislative? It is the branch of government that has given the authority and responsibility to formulate laws that all citizens of the democratic nation must abide by. The state legislature holds a very important status in democracy to represent the people of the state and give a legal character to their opinion in the form of laws. As we understand what is legislative, let us understand the state legislature’s meaning.

State Legislature Meaning

Applying laws as a controlling measure is an age-old practice that started historically. Earlier, the laws were mostly based on customs and traditions. But in the contemporary political scenario, the significance of democracy depends largely on the state laws and their legal implications. In short, State legislature meaning refers to the functions and power of the state legislative body in controlling the state affairs in terms of sanctioning laws, financial decisions, and electoral functions.

Functions of State Legislature

Law Making

The state legislature is empowered to make laws on certain specified subjects as approved by the government. The implementation of the law is subject to the approval of the Governor. 

A state legislature can have one house called the State Legislative Assembly or Vidhan Sabha. This structure is called a unicameral legislature. The state legislature that has provision for two houses, namely the State Legislative assembly and State Legislative Council or Vidhan Parishad, is known to have a bicameral legislature structure. In India, seven states have a bicameral state government legislature. The rest of the states are unicameral. The two types of state legislatures are described as follows:

Financial Decisions

The state legislature can authorize the expenditures incurred, taxes imposed, and revenues collected by the state government. This is put forward as a money bill with prior approval from the Governor and needs to be approved by both houses of the state legislature.

Representing Public Opinion

The state legislature is a body elected by the people of the state and consists of members and a council of ministers managing different portfolios and is headed by the Chief Minister. They are responsible for their actions in the state assembly and must abide by the electoral obligations.

Types of State Legislature

A state legislature can have one house called the State Legislative Assembly or Vidhan Sabha. This structure is called a unicameral legislature. The state legislature that has provision for two houses, namely the State Legislative assembly and State Legislative Council or Vidhan Parishad, is known to have a bicameral legislature structure. In India, seven states have a bicameral state government legislature. The rest of the states are unicameral. The two types of state legislatures are described as follows.

Legislative Assembly

The Legislative Assembly consists of the elected members by the state’s people, and it holds the real political power in a State. The strength of an assembly must be above 60 and less than 500. There is a guideline about the seats allotted to each constituency which depends on the population of each constituency. There are also special provisions concerning the representation of special communities. The Legislative Assembly remains in function for five years as per electoral practices. The Governor can dissolve the assembly even before the specified period based on certain conditions.

Legislative Council

The Legislative Council is formed in some states comprising a maximum of one-third of the total number of members of the Legislative Assembly. However, the maximum strength should not exceed 40 members.

Power of Two Types of The State Legislature 

If we analyze the power of two types of the state legislature, the legislative assembly has more power than the legislative council in passing bills for lawmaking. What is legislative? It is a lawmaking process followed by both houses exhibiting equal or different power. The money bills are introduced primarily in the legislative assembly for its approval. If any bill passed by the legislative assembly is denied approval from the legislative council, it may be reconsidered and sent back for further approval. If the revised bill is kept pending approval by the legislative council for more than a month, the bill is considered to be passed and implemented. This demonstrates the superiority of the legislative assembly over the legislative council. 

 Limitations of State Legislature

• Limitations of the state legislature, meaning bills already passed by the state legislature, may not be implemented as it requires approval from the president of India as considered by the state’s Governor.

• Certain laws require prior approval from the president of India before being introduced in the legislative assembly.

• If the state law regarding a concurrent subject contradicts the union law, the law made by the parliament will get precedence.

Conclusion

The state legislature appears to have a very significant role if we try to find out what is legislative. It is the power or authority to implement laws and regulations concerning state affairs, taking into consideration the social, political, commercial, and legal implications. The functioning of a state legislature is defined by the authority and responsibilities of two types of the state legislature. The legislative assembly has more representation of elected members, consists of ministers, and holds greater power than the legislative council. The laws implemented by the state legislature reflect the will of the state to maintain uniformity and transparency in state affairs.