haya.Learning made clear
Unit XI · Governance at the state level (lesson 19)
10 min readConcept sheetSection A MCQ (1 mark) and objective (2 marks, two parts); Section B short answer (3 marks) or long answer (6 marks), often with a choice

Functions of the state legislature

The state legislature makes laws, controls the executive, votes in some national elections and ratifies some constitutional amendments. In law-making, the Assembly has the final word.

Money BillIntroduced only in the Legislative Assembly, on the Governor's recommendation; the Council must return it within 14 days
Ordinary billThe Council can only delay it; if the Assembly passes it again, it is deemed passed by both houses
No-confidence motionIf the Assembly passes it, the council of ministers must resign
Electoral roleElected MLAs help elect the President and elect the state's Rajya Sabha members

How an ordinary bill becomes law in a two-house state

  1. 1
    A minister or a member introduces the bill in either house, usually the Assembly.
  2. 2
    The Assembly passes the bill and sends it to the Legislative Council.
  3. 3
    The Council may pass it, reject it or suggest changes. It can keep the bill for up to three months.
  4. 4
    If the Assembly passes the bill again, with or without the Council's changes, the Council can now hold it for only one month.
    Your NIOS lesson's answer key gives one month, the limit for this second round.
  5. 5★
    After that the bill is deemed passed by both houses, whatever the Council does.
  6. 6
    The bill goes to the Governor for assent. The Governor may sign it, send it back once for reconsideration, or reserve it for the President.

★ key step

Ordinary bill and Money Bill

Ordinary billCan start in either house. The Council can delay it, but cannot stop it. The Governor may return it once for reconsideration.
Money BillA bill on taxes or the state's spending and borrowing. Starts only in the Assembly, and only on the Governor's recommendation. The Council must pass or return it within 14 days. Even if the Assembly rejects the Council's suggestions, it is deemed passed. It cannot be sent back for reconsideration.

Control over the executive

  • The council of ministers is collectively responsible to the Vidhan Sabha: it stands or falls together.
  • It stays in office only while it has the confidence of the House. If the Assembly passes a no-confidence motion, the ministry must resign.
  • Members keep a check by asking questions and supplementary questions (follow-up questions).
  • They can move an adjournment motion to discuss an urgent matter. A calling attention notice makes a minister answer on a public issue.

Electoral and constitutional functions

  • Elected MLAs are part of the Electoral College that elects the President of India.
  • MLAs elect the members of the Rajya Sabha from their state.
  • MLAs elect one-third of the members of their state's Legislative Council.
  • Some constitutional amendments, mainly those that touch the states, also need ratification (approval). After Parliament passes them by a special majority, the legislatures of at least half the states must approve them.

Worked case: a Money Bill in a two-house state

Problem

A state Assembly passes a Money Bill on 1 March. The Legislative Council receives it the same day and returns it on 10 March with suggested changes. The Assembly rejects all the changes. What happens next?

Working
  1. A Money Bill can start only in the Assembly, so the bill began in the right house.
  2. The Council has 14 days from receiving the bill, that is, until 15 March. It returned the bill on 10 March, within time.
  3. The Assembly is free to accept or reject the Council's suggestions.
  4. Since the Assembly rejected them, the bill is deemed passed by both houses in the form the Assembly passed it.
  5. It then goes to the Governor for assent. A Money Bill cannot be returned for reconsideration.
Answer

The bill is deemed passed by both houses without the Council's changes, and goes to the Governor for assent.

In real life

When the news shows a heated Question Hour or a no-confidence motion in a state assembly, that is the legislature checking the government. A change in a state tax, such as stamp duty on buying a house, must be passed by the state legislature.

Exam angle

1 marks: “Within how many days must a Legislative Council return a Money Bill to the Assembly?” Within 14 days.

3 marks: “How does the state legislature keep control over the council of ministers?” The council is collectively responsible to the Assembly and stays only while it has its confidence; a no-confidence motion removes it. Members ask questions and supplementary questions, move adjournment motions and give calling attention notices.

6 marks: “Explain the functions of the state legislature.” Law-making on state matters, with the Assembly having the final say on ordinary bills; financial control, as Money Bills start only in the Assembly and the Council has 14 days; control over the executive through collective responsibility, no-confidence motions, questions and adjournment motions; electoral functions (President, Rajya Sabha, one-third of the Council); ratifying some constitutional amendments.

Remember it

Four jobs of a state legislature: Laws, Checks, Votes, Amendments. Money Bill: Assembly only, 14 days in the Council.

Read alongside the books on your syllabus: NIOS, Social Science (213): Self Learning Material, Books 1 and 2 · NIOS, Social Science (213): Sample Question Paper and Marking Scheme. Written from standard textbooks; faculty review in progress. Spotted an error? Report it.