State Legislature

Questions

1. Analyze the constitutional provisions defining the role of the State Legislature in matters of public finance, including budgetary processes and taxation policies, and assess how these powers contribute to fiscal governance and economic development at the state level.

2. Examine the linkage between the State Legislature’s role in the appointment and removal of key state officials, such as the State Election Commissioner and judges, and the principles of independence and separation of powers within the state.

3. Assess the constitutional provisions related to the State Legislature’s participation in the amendment of the state constitution and evaluate how these powers contribute to the adaptability and relevance of state-level legal frameworks.

4. Examine the role of the State Legislature in addressing social justice issues, particularly in the context of legislation related to reservation policies and affirmative action, and assess its impact on inclusive governance at the state level.

5. Analyze the constitutional provisions defining the State Legislature’s role in matters of public health, education, and welfare, and assess how these powers contribute to effective state-level governance and responsive policy-making.

6. Examine the State Legislature’s role in the protection of linguistic and cultural minorities within the state, considering constitutional provisions and recent developments in addressing issues related to cultural diversity.

7. Assess the linkage between the State Legislature’s engagement with local governance structures, such as Panchayati Raj institutions, and the principles of decentralization and grassroots democracy, evaluating the impact on participatory governance at the state level.

Legislative Assembly (168)

• Article 168: Legislature = Gov and 2 houses
• LC only in UP, Bihar, Maha, AP, TN, KT

Creating / Abolishing LC (169)

• Article 169

1. State LA pass resolution by spl maj
2. Law then passed by Parl
   • such law can incl. provisions related to amendment of constitution but won’t be deemed CAA under Article 368 hence no spl maj needed

Seats (170)

• Article 170: seats of LA: 50-300 (dependent on state population)
  • 1971 census, waiting for 2026
• Constituency boundary as per 2001 census
• reserved seats for SC/ST based on 2001 census

Composition of LC (171)

• members of LC $\le$ $\frac{1}{3}$ members of LA
• $\frac{1}{3}$ elected by MLA
• $\frac{1}{3}$ elected by members of local bodies
• $\frac{1}{3}$ divided as
  • $\frac{1}{6}$ nominated by gov (aid & advice of CoM)
  • $\frac{1}{6}$ divided as
    • $\frac{1}{12}$ graduate constituency
    • $\frac{1}{12}$ teacher constituency

Critical Analysis of LC

• superfluous body; no special purpose
• only a delaying body (at max 4mo)
• chamber of rejected politicians, backdoor entry to defeated candidates
• expensive to maintain SLC (200-300cr/yr)
• rep of pol parties in student and teacher constituency defeats their purpose
• Raj, Tn abolished LC cuz lack of utility
• SLC created / abolished due to pol reasons

In support of LC

• prevents majoritarianism
• prevents hasty and populist legislation
• provides rep to grassroot bodies
• rep to diverse sections
• presence of technical expertise due to nomination route

See also: Centre State Relations