Powers and Privilege of State Legislature

The State Legislature in India, which comprises the State Legislative Assembly (Vidhan Sabha) and, where applicable, the State Legislative Council (Vidhan Parishad), is vested with certain powers and privileges to facilitate its functioning and to uphold the dignity of the institution. These powers and privileges are essential for the effective discharge of legislative duties and maintaining the independence of the legislature.

Powers:

1. Lawmaking Powers:
   • The primary power of the State Legislature is to make laws on subjects enumerated in the State List and Concurrent List of the Seventh Schedule of the Constitution.
2. Financial Powers:
   • The State Legislature has the power to approve the state budget, including voting on appropriation bills and taxation proposals.
3. Questioning and Debates:
   • Members of the State Legislature have the power to ask questions, participate in debates, and raise issues on the floor of the house.
4. Oversight and Accountability:
   • The State Legislature exercises oversight by scrutinizing the functioning of the government, examining policies, and holding the executive accountable through discussions, debates, and inquiries.
5. Committee Powers:
   • Committees, such as the Public Accounts Committee and Estimates Committee, are formed to investigate and examine specific issues, ensuring a detailed examination of government actions.
6. Impeachment Powers:
   • In certain cases, the State Legislature can initiate impeachment proceedings against the Governor of the state.
7. Approval of State Plans:
   • The State Legislature approves state plans, including development and non-development expenditures.
8. Resolution Powers:
   • The State Legislature can pass resolutions on various matters, expressing the collective will of the members.
9. Constitutional Amendment Powers:
   • The State Legislature participates in the process of constitutional amendments. Certain amendments require the approval of a majority of states, including their legislative bodies.
10. Dissolution and Election Powers:
    • The State Legislative Assembly can be dissolved by the Governor, leading to fresh elections. The power to dissolve the Assembly is subject to constitutional provisions.
11. No-Confidence Motion Powers:
    • Members of the State Legislative Assembly can move a no-confidence motion against the government. If passed, it may lead to the resignation of the government or fresh elections.

Privileges:

1. Freedom of Speech:
   • Members of the State Legislature enjoy freedom of speech within the legislative chamber. They can express their opinions, thoughts, and concerns without fear of legal consequences.
2. Immunity:
   • Members have immunity for their speeches and actions inside the legislative chamber. They cannot be held legally accountable for their statements made during legislative proceedings.
3. Control over Internal Affairs:
   • The State Legislature has control over its internal affairs, including the power to regulate its proceedings, maintain order, and enforce discipline.
4. Exemption from Jury Service:
   • Members are exempt from serving on juries, recognizing their commitment to legislative duties.
5. Protection from Arrest:
   • Members are protected from arrest during the session of the legislature and 40 days before and after the session, except in cases of serious offenses.
6. Privilege of Publication:
   • Proceedings of the State Legislature, including debates and reports of committees, enjoy certain privileges in terms of publication. Media reporting on legislative proceedings is protected.
7. Right to Regulate Attendance:
   • The State Legislature has the right to regulate the attendance of its members, including the power to suspend or expel members for disorderly conduct.
8. Right to Enforce Attendance:
   • The State Legislature has the right to enforce the attendance of its members, including the issuance of summons and warrants.
9. Contempt Powers:
   • The State Legislature has the power to punish individuals for contempt of the house. This includes actions that obstruct or impede the functioning of the legislature.

These powers and privileges are essential for maintaining the independence of the State Legislature and ensuring that its members can perform their legislative duties without fear or hindrance. They contribute to the effective functioning of the democratic system at the state level in India.