Question

powers and functions of the state legislature

Answer 1

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The Legislature of each State is empowered to frame laws on all matters included in the State List and the Concurrent List. But laws made by the State Legislature on the subject in the Concurrent List will be null and void in case they conflict with the laws of the Union on the same subject provided the relevant laws of the State Legislature have not obtained the assent of the President. Thus, the Constitution has imposed certain restrictions on the powers of the State Legislature. Another limitation on the power of the legislature is that during an emergency, the Parliament of India may make laws on the State List.

According to Article 249 of the Constitution, even in normal times, if the Council of States passes a resolution by Two-thirds majority that in the national interest the Union Parliament should make law on any matters in the State List, the Parliament of India is competent to make laws.

Further, the Governor at his discretion may reserve certain bills like acquisition of private property, bills seeking to impose restrictions on freedom of trade and commerce, bills affecting powers of High Courts, etc. for presidential assent. Under such circumstances, the President of India may give assent to such bills or send them back for the reconsideration of the State Legislature. If such bills are again passed by the State Legislature, the President is not bound to give his assent. Thus the President can veto the bills in entirety, if he so desires. Thus the legislative power of the State legislative Assembly is limited.

(b) Financial Powers:

The Legislature of a State also controls the finances of a State. Without the legislative sanction, a single paisa cannot be spent. The budget is introduced every year in the State Legislature. The State Legislature may pass, reduce, or reject the demands for grants made in the budget. It is its duty to find ways and means to meet the budget expenditure. Proposal for increase or decrease of taxes are to be approved in the Assembly.

In a bi-cameral legislature, the position of the Legislative Assembly superior to that of the Legislative Council in respect of financial matters. Excepting the expenditure charged on the Consolidated Fund of the State (which is non-votable) all other items of expenditure must be submitted to the Legislative Assembly in form of demands for grants. In financial matters, the Legislative Assembly is supreme in the State.

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Answer 2

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$<b>$Three functions of the state legislature are:

* It makes laws for the state.

* It passes the annual budget of the state.

* It keeps a check on the council of minister of state.

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