February 21, 2024

HPAS/ N.T. Allied Mains 2022-23 Answer Writing Challenge: Model Answer

Question: Critically analyse the functioning of state legislature in India.  (8 Marks, 120 Words)

Answer:

The Constitution of India discuss about the relevant details regarding important constituents and requirements for the  State  legislature from Articles 168 to 212. The state legislatures perform the key function of framing laws related to the subjects under the state list such as public health, sanitation, public order, agriculture etc.

Importance of state legislature:

  • The State Legislature has the authority to enact legislation concerning the State List and the Concurrent List. It has the authority to enact any bill on any subject on the State List, which becomes an Act once signed by the Governor.
  • The State Legislature has the authority to collect taxes on all of the State List’s topics. It is the guardian of the state’s money. The state government cannot collect money or levy or collect taxes without the agreement of the State Legislature.
  • The State Legislative Assembly has control over the State Council of Ministers. It is responsible for ensuring the accountablity of the executive

Criticism:

  • Less number of sittings. 20 state legislatures over 2011-2015 and observed that, about half the states worked for an average of 30 days or less in a year
  • Lack of debates and discussions
  • Domination of union under article 249, 250, 356 etc.
  • Lack of public participation in law making.
  • Discretionary power of Governor.

Way forward:

  • Increasing the number of sitting days The NCRWC suggested that state legislatures with less than 70 members should meet for at least 50 days in a year, while the rest should meet for at least 90 days in a year.
  • Enabling scrutiny of the budget by state legislature committees
  • Live telecast of all proceedings of state assemblies
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