What is the
Write about the financial powers of State Legislative Assembly.
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Answers
Answer:
The five powers of the state legislative assembly are as follows: 1. Legislative Powers 2. Financial Powers 3. Control over the Executive 4. Amendment Powers 5. Electoral Functions.
1. Legislative Powers:
The State Legislature has got the power of making laws on the subjects of the State List and the Concurrent List. In this connection the real law-making powers are in the hands of the Legislative Assembly. Ordinary bills can be introduced in either of the two Houses and these become laws only when passed by the two Houses and signed by the Governor.
However, in practice, almost 95% bills are first introduced in the Legislative Assembly and these go to the Legislative Council after these get passed by the Legislative Assembly. The Legislative Council can only delay the passing of an ordinary bill by a maximum of 4 months. It is only a delaying House. In a State with a unicameral legislature the State Legislative Assembly alone performs all the law-making work.
2. Financial Powers:
ADVERTISEMENTS:
The Legislative Assembly controls the finances of the State. A Money Bill originates only in it. After having been passed by it, the money bill goes to the Legislative Council which has to act within fourteen days.
After 14 days, irrespective of the fact whether it has been passed or rejected by the Legislative Council, the money bill is considered to have been finally passed. Legislative Assembly passes the annual budget of the State. No money can be raised, no tax can be levied, and no expenditure can be incurred without the sanction of the State Legislative Assembly,
3. Control over the Executive:
The Legislative Assembly controls the State Council of Ministers. The Chief Minister is the leader of the majority party in the Legislative Assembly. He and most of the other ministers are taken from among its members of the Legislative Assembly.
They are collectively responsible before the Legislative Assembly. The State Council of Ministers can remain in office so long as it enjoys the confidence of the majority in the Legislative Assembly. The Legislative Assembly control the ministry through several methods like call-attention motions, putting of adjournment motions, questions, censure motion, no-confidence motions etc.
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Each minister is individually responsible before the State Legislative Assembly in respect of the work of the department which is under him. The State Council of Ministers is collectively responsible before the State Legislative Assembly.
The latter can cause the fall of the Council of Ministers either by passing a vote of no- confidence against it or against the Chief Minister. It can also do so by rejecting any policy or decision, budget or law of the government. The State Council of Ministers always works under the control and scrutiny of State Legislative Assembly.
4. Amendment Powers:
The State Legislative Assembly enjoys a role with regard to the amendment of the Indian Constitution. Some parts of the Constitution can be amended by the Union Parliament only when half of the State legislatures ratify the amendment. If the Parliament is to amend the Constitution for the purpose of altering the boundary of a State, the opinion of the concerned State Legislative Assembly is also sought before the moving of such a bill in the Parliament.
5. Electoral Functions:
The State Legislative Assembly elects its own Speaker and Deputy Speaker. It can also remove either of them through a vote of no- confidence. Elected members of the State Legislative Assembly take part in the election of the President of India. One-third of the members of the Legislative Council of the State are also elected by the State Legislative Assembly.
ADVERTISEMENTS:
Position:
The above account of the powers and functions of the State Legislative clearly reveals that it enjoys a powerful position in the State. It dominates and uses the powers given by the Constitution of India to each State Legislature