The legislative framework in India consists of various assemblies, each with distinct powers and roles. This article compares the State Legislative Assembly, the State Legislative Council, and the Rajya Sabha, focusing on their functions, authority, and significance. Understanding these differences is crucial for grasping how legislative processes operate at both state and national levels. The analysis highlights the strengths and weaknesses of each chamber in the context of governance.
State Legislative Assembly vs. State Legislative Council
Spheres Where Council Is Equal To Assembly
- Introduction and Passage of Ordinary Bills. However, in case of disagreement between the two Houses, the will of the assembly prevails over that of the council.
- Approval of ordinances issued by the governor.
- Selection of Ministers: including the Chief Minister. Under the Constitution, the ministers, including the Chief Minister, can be members of either House of the state legislature.
- However, irrespective of their membership, they are responsible only to the assembly.
- Consideration of the Reports of the Constitutional Bodies: like the State Finance Commission, State Public Service Commission, and Comptroller and Auditor General of India.
- Enlargement of the Jurisdiction: of the state public service commission.
Spheres Where Council Is Unequal To Assembly
- Related to Money Bill: It can be introduced only in the assembly and not in the council.
- The council cannot amend or reject a money bill.
- It should return the bill to the assembly within 14 days, either with recommendations or without recommendations.
- The assembly can either accept or reject all or any of the recommendations of the council.
- In both the cases, the money bill is deemed to have been passed by the two Houses.
- The final power to decide whether a particular bill is a money bill or not is vested in the Speaker of the assembly.
- Related to ordinary Bill: The final power of passing an ordinary bill also lies with the assembly.
- At most, the council can detain or delay the bill for the period of four months–three months in the first instance and one month in the second instance.
- When an ordinary bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, the bill ends and becomes dead.
- Related to budget: The council can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the assembly).
- Related to no-confidence motion: The council cannot remove the council of ministers by passing a no-confidence motion.
- Related to election of President: The council does not participate in the election of the President of India and representatives of the state in the Rajya Sabha.
- Related to Constitutional amendment: The council has no effective say in the ratification of a Constitutional amendment bill.
- In this respect also, the will of the assembly prevails over that of the council.
- Related to the Existence of the Council Itself: The very existence of the council depends on the will of the assembly.
- The council can be abolished by the Parliament on the recommendation of the assembly.
Comparing State Legislative Council with Rajya Sabha
- Weaker Position of the Council: The position of the council with respect to the assembly is much weaker than the position of the Rajya Sabha vis-a-vis the Lok Sabha.
- Equal Powers of Rajya Sabha and Lok Sabha: The Rajya Sabha has equal powers with the Lok Sabha in all spheres except financial matters and with regard to the control over the Government.
- Subordination of the Council to the Assembly: The State Legislative Council is subordinate to the State Legislative Assembly in all respects, firmly establishing the assembly’s predominance over the council.
- Lesser Importance of the Council Compared to Rajya Sabha: The Constitution has given the council much lesser importance than the Rajya Sabha due to the following reasons:
- Representation of States at the National Level: The Rajya Sabha represents the states and union territories at the national level.
- Members of the Rajya Sabha are elected by the elected members of the Legislative Assemblies of States and Union territories, as well as by the members of the Electoral College for Union territories without Legislative Assemblies.
- Federal Structure: The Rajya Sabha plays a crucial role in maintaining the federal structure of the country by ensuring that states have a say in the central legislation.
- Special Powers: The Rajya Sabha has certain special powers, such as approving the proclamation of Emergency and approving the creation of All India Services.
- Permanent House: Unlike the State Legislative Council, the Rajya Sabha is a permanent house and is not subject to abolition (similar to Article 169).
- This ensures continuity in the functioning of the upper house at the national level.
- Representation of States at the National Level: The Rajya Sabha represents the states and union territories at the national level.
Utility And Critique Of Legislative Council In A State
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Issues Faced By State Legislature
- Legislative Assemblies are Treated as Paragons Of Virtue: The MLA’s and MLC’s often tend to violate the decorum of the House with activities like climbing on Speakers dais as seen in Karnataka’s state council during passage of anti-cow slaughter bill.
- Reduction in Time for Deliberation: The time duration allocated for framing policies has reduced as the legislators rarely visit the assemblies.
- Example: Haryana recorded an average of 12 assembly sittings and Kerala being highest stands at 48 days.
- Legislative Business: Based on the data from 2015 the average number of bills passed per year are 19 and it is as low as 10 for North Eastern States.
- These are disturbing figures considering three sessions yearly.
- Scrutiny of Budget: Most of the states do not enjoy time like parliament on budgets.
- They take up discussion of important ministries and rest are guillotined.
- Limitation Regarding Certain Types of Bills:
- 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.
Way Forward
Live Telecast All Proceedings of All State Assemblies: Live telecast of proceedings will ensure performance is monitored by citizens in real-time, thereby improving the quality of legislation and debates on matters of public importance.
- Disclosure Through RTI: Citizens should collectively demand mandatory disclosure of the text of legislative debates and questions on assembly websites by all states under the RTI Act, 2005.
- Constitutional Amendment: To fix the minimum number of days assemblies must sit (in days) in a year.
- Bilingual Websites and Documents: All government resolutions at the state level, including assembly websites, should be translated into English and be available along with the vernacular language of the state, to ensure more readability and hence more civic and media engagement with state policies and actions.
- Involvement Oof Various Stakeholders and Beneficiaries During the Drafting Of State Laws: Unlike the Centre, where draft bills are often shared by ministries for public comments, the process of conceiving, deliberating, and passing of state laws is rather obscure.
- All states must practice inclusive policy-making.
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Conclusion
In conclusion, while the State Legislative Assembly and Rajya Sabha hold substantial powers, the State Legislative Council often plays a limited role.
- The existing challenges in state legislatures call for reforms to enhance their effectiveness and accountability.
- By implementing measures such as live telecasts and stakeholder involvement, we can improve the legislative process and ensure that it better serves the interests of the public.
