Sambhav-2025

Approach Briefly introduce the role of State Legislatures in India's governance structure. Argue that while State Legislatures hold significant authority, their powers are limited compared to Parliament. Conclude by emphasizing the importance of a balanced federal structure for effective governance.

Introduction

The State Legislature plays a crucial role in governance by enacting laws, overseeing the executive, and managing financial matters at the state level. However, its powers are not as extensive as those of Parliament due to the constitutional framework of India’s quasi-federal structure.

Body

Legislative Powers: Limited Jurisdiction and Parliament’s Overriding Authority

• Division of Subjects under the Seventh Schedule
  • The State Legislature has exclusive authority over subjects in the State List (e.g., police, public health, agriculture).
  • However, on matters in the Concurrent List (e.g., education, criminal law), Parliament has overriding powers under Article 254 if there is a conflict between central and state laws.
• Parliament’s Power to Legislate on State Matters
  • Article 249: Parliament can make laws on a State List subject if the Rajya Sabha passes a resolution with a two-thirds majority.
  • Article 250: During a national emergency, Parliament gains the authority to legislate on State List subjects.
  • Article 252: If two or more states pass a resolution requesting it, Parliament can legislate on State List matters, and the states lose their independent authority over such laws.
• Governor’s Discretionary Power in Legislative Process
  • Under Article 200, the Governor can withhold assent to state bills, send them back for reconsideration, or reserve them for the President’s assent.
  • Example: Tamil Nadu’s NEET Bill (2017) was withheld by the Governor, delaying its implementation.

Financial Powers: Fiscal Dependency on the Union

• Limited Taxation Authority
  • The Union List includes major revenue sources such as income tax, customs duties, and corporate tax, leaving the states with limited sources like property tax, excise on liquor, and vehicle tax.
  • The introduction of GST (2017) further reduced states' independent revenue-raising capacity, making them dependent on the GST compensation from the Centre.
• Financial Transfers and Grants from the Union
  • The Finance Commission (Article 280) determines the distribution of financial resources between the Centre and states.
  • States receive grants-in-aid from the Centre, but their fiscal autonomy is limited.
  • Example: Many states frequently demand higher devolution of central taxes for better financial autonomy.

Administrative Powers: Union’s Influence Over State Governance

• Governor’s Discretionary Role
  • The Governor (Article 163) is the constitutional head of the state but acts as the Centre’s representative, influencing state governance.
  • The Governor can recommend President’s Rule under Article 356, suspending the State Legislature and transferring power to the Centre.
  • Example: S.R. Bommai case (1994) limited the misuse of Article 356 but upheld the Centre’s power to intervene in state affairs.
• Union’s Power to Direct State Governments
  • Article 256: States must comply with laws made by Parliament.
  • Article 257: The Centre can give directives to states in specific matters, ensuring that state policies do not contradict national interests.

Conclusion

The State Legislature is a vital democratic institution but operates within constitutional constraints that limit its legislative, financial, and administrative authority. To strengthen federalism, reforms such as enhancing states’ financial autonomy, limiting discretionary powers of Governors, and reviewing the role of Parliament in state legislation are needed. Ensuring a balanced federal structure will promote better governance while maintaining national unity.