The Powers and Functions of the State Legislature:
1. Law-Making Function:
(a) The primary function of the State Legislature, like the Union Parliament, is lawmaking. The State Legislature is empowered to make laws on State List and Concurrent List.
(b) The Parliament and the Legislative Assemblies have the right to make the laws on the subjects mentioned in the Concurrent List. But in case of difference between the Union and State law on the subject the law made by the Parliament shall prevail.
(c) Bills are of two types-ordinary bills and money bills. Ordinary bills can be introduced in either of the Houses (if the State Legislature is bi-cameral), but money bill is first introduced in the Vidhan Sabha.
(d) After the bill is passed by both the Houses, it is sent to the Governor for his assent. The Governor can send back the bill for reconsideration.
(e) When this bill is passed again by the Legislature, the Governor has to give his assent. You have read that when the Parliament is not in session and if there is a necessity of certain law, the President issues Ordinance.
(f) Similarly, the Governor can issue an Ordinance on the State subjects when legislature is not in session.
(g) The ordinances have the force of law. The ordinances issued are laid before the State Legislature when it reassembles. It ceases to be in operation after the expiry of six weeks, unless rejected by the Legislature earlier.
(h) The Legislature passes a regular bill, to become a law, to replace the ordinance. This is usually done within six weeks after reass reassignment of Legislature.
2. Financial powers:
(a) The State Legislature keeps control over the finances of the State. A money bill is introduced first only in the Vidhan Sabha. The money bill includes authorization of the expenditure to be incurred by the government, imposition or abolition of taxes, borrowing, etc.
(b) The bill is introduced by a Minister on the recommendations of the Governor. The money bill cannot be introduced by a private member. The Speaker of the Vidhan Sabha certifies that a particular bill is a money bill.
(c) After a money bill is passed by the Vidhan Sabha, it is sent to the Vidhan Parishad. It has to return this bill within 14 days with, or without, its recommendations.
(d) The Vidhan Sabha may either accept or reject its recommendations. The bill is deemed to have been passed by both Houses. After this stage, the bill is sent to the Governor for his assent. The Governor cannot withhold his assent, as money bills are introduced with his prior approval.
3. Control over the Executive:
(a) Like the Union Legislature, the State Legislature keeps control over the executive.
(b) The Council of Ministers is responsible to the Vidhan Sabha collectively and remains in the office so long as it enjoys the confidence of the Vidhan Sabha. The Council is removed if the Vidhan Sabha adopts a vote of no-confidence, or when it rejects a government bill.
(c) In addition to the no-confidence motion, the Legislature keeps checks on the government by asking questions and supplementary questions, moving adjournment motions and calling attention notices.
4. Electoral Functions:
(a) The elected members of the Vidhan Sabha are members of the Electoral College for the election of the President of India. Thus they have say in the election of the President of the Republic.
(b) The members of the Vidhan Sabha also elect members of the Rajya Sabha from their respective States. One-third members of the Vidhan Parishad (if it is in existence in the State) are also elected by the members of the Vidhan Sabha.
(c) In all these elections, members of the Vidhan Sabha (Assembly) cost their votes in accordance with single transferable vote system.
5. Constitutional Functions: We have learnt about the procedure of amendment of the Constitution. An Amendment required for adoption to Constitution, having impact on the federal system, special majority of each House of the Parliament and ratification by not less than half of the States. The resolution for the ratification is passed by State Legislatures with simple majority. However, a Constitutional amendment cannot be initiated in the State Legislature.
