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Vidhan Sabha

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Vidhan Sabha
NameVidhan Sabha
House typeUnicameral/Lower house (varies by state)
Leader titleSpeaker

Vidhan Sabha is the elected legislative assembly in the states and certain union territories of India, serving as the principal deliberative body for state-level lawmaking and oversight. It functions within the constitutional framework set by the Constitution of India and interacts with institutions such as the Governor of India and the State Legislative Council where present. Assemblies meet in state capitals like Mumbai, Kolkata, Chennai, Hyderabad, and Bengaluru, handling matters listed in the State List (India) and concurrent subjects from the Concurrent List (India).

History

The institutional precursor to the Vidhan Sabha traces to colonial-era bodies such as the Indian Councils Act 1861, the Morley-Minto Reforms, and the Montagu–Chelmsford Reforms, culminating in the Government of India Act 1935 which established provincial legislatures. After the Indian Independence Act 1947 and adoption of the Constitution of India in 1950, state assemblies were constituted under Articles of the constitution and reorganized by the States Reorganisation Act, 1956. Landmark events influencing assembly powers include judgments of the Supreme Court of India like the Kesavananda Bharati v. State of Kerala case and legislative reforms such as the 73rd Amendment to the Constitution of India and the 74th Amendment to the Constitution of India that affected federal and local relationships.

Composition and Membership

Membership is generally determined by territorial constituencies defined by the Delimitation Commission of India and electoral rolls managed by the Election Commission of India. Assemblies vary in size from small bodies in union territories like Chandigarh to larger bodies such as in Uttar Pradesh and Maharashtra. Eligibility and disqualification criteria refer to provisions in the Representation of the People Act, 1951 and constitutional articles concerning age and criminal disqualification. Leadership roles include the Speaker (legislature), Deputy Speaker, leaders of recognized parties such as Bharatiya Janata Party, Indian National Congress, Aam Aadmi Party, Shiv Sena, and coalition partners. Reserved constituencies for Scheduled Castes and Scheduled Tribes reflect provisions enacted after the Constitution (First Amendment) Act, 1951.

Powers and Functions

Assemblies exercise legislative authority over subjects listed in the State List (India) and share jurisdiction on the Concurrent List (India), with the Parliament of India holding primacy on certain matters. They have powers of control and oversight over the Council of Ministers (India) at the state level, including vote of confidence and no-confidence procedures influenced by parliamentary precedents like those followed in debates similar to those in the Lok Sabha and Rajya Sabha. Judicial review by the Supreme Court of India and various high courts can scrutinize assembly actions under fundamental rights enshrined in the Constitution of India. Other functions include appointment-related roles connected with institutions such as the State Public Service Commission and legislative scrutiny of matters involving the Comptroller and Auditor General of India reports.

Legislative Procedure

Bills may be introduced by ministers or private members and follow stages comparable to model parliamentary procedures exemplified in the Lok Sabha: introduction, committee referral, clause-by-clause consideration, reporting, and voting. Finance bills are subject to special rules reflected in precedents from budgetary practice in states like Kerala and Punjab. Committees such as the Public Accounts Committee (India), Estimates Committee (India), and select committees examine detailed aspects of bills and policy; members and chairpersons are chosen according to assembly rules and party strengths stemming from election outcomes in contests like those in Bihar and West Bengal.

Relationship with the State Government

The assembly maintains checks on the executive through question hours, motions, and interpellation modeled after procedures in legislatures such as the Parliament of India. The executive, led by the Chief Minister of India at the state level and the council of ministers, is responsible to the assembly for policy and administration, with the Governor of India exercising certain discretionary powers including assent to bills and recommendation of President's Rule under Article 356 of the Constitution of India. Tensions between assemblies and governors have appeared in controversies similar to those in Manipur and Mizoram, and judicial interventions by the Supreme Court of India have clarified constitutional boundaries.

Elections and Term

Assembly elections are conducted by the Election Commission of India under the Representation of the People Act, 1951 and by-elections fill vacancies due to resignation, death, or disqualification. Terms are generally five years per the Constitution of India unless assemblies are dissolved earlier; extensions can occur under emergency provisions exemplified by the The Constitution (Twenty-fifth Amendment) Act, 1971 context and historical precedents from the Emergency (India) period. Voting systems follow the first-past-the-post method used in general elections such as those for the Lok Sabha.

Role in State Budget and Finance

Assemblies approve state budgets presented by the finance minister, incorporating appropriation bills and finance bills that allocate funds for departments and schemes like those administered by state agencies analogous to the National Highways Authority of India at the central level. Financial scrutiny is exercised through committees such as the Public Accounts Committee (India) and through audit reports by the Comptroller and Auditor General of India, with fiscal federalism shaped by transfers under the recommendations of bodies such as the Finance Commission of India. Disputes over taxation powers on items like sales taxes and state excise link to matters addressed in the Inter-State Council and past decisions of the Supreme Court of India.

Category:State legislatures of India