Union and State Legislatures in India: Powers, Functions, and Privileges

Introduction

India follows a bicameral parliamentary system at both the Union (Central) and State levels, with distinct legislative powers, functions, and privileges. The Constitution of India (Articles 79-122 for Parliament & Articles 168-212 for State Legislatures) defines their structure, roles, and immunities.

This blog covers:

✔ Structure of Union & State Legislatures

✔ Legislative Powers & Functions

✔ Financial Powers

✔ Privileges & Immunities of Legislatures

✔ Key Differences Between Lok Sabha & Rajya Sabha

✔ Recent Controversies & Judicial Interventions

1. Structure of Union & State Legislatures

A. Union Legislature (Parliament)

1. Lok Sabha (House of the People)

   
   

   • Directly elected (543 members + 2 Anglo-Indian nominees*).

   • Term: 5 years (unless dissolved earlier).

   • Represents the people (based on universal adult suffrage).

     
     

2. Rajya Sabha (Council of States)

   
   

   • Indirectly elected (238 members elected by state legislatures + 12 nominated by President).

   • Permanent body (1/3rd members retire every 2 years).

   • Represents the states & Union Territories.

Note: The Anglo-Indian nomination provision was abolished in 2020 (104th Constitutional Amendment).

B. State Legislatures

• Unicameral (Legislative Assembly only) – Most states (e.g., Punjab, Haryana).

• Bicameral (Legislative Assembly + Legislative Council) – 6 states (UP, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana).

2. Legislative Powers & Functions

A. Union Parliament

• Exclusive Powers (Union List – 97 Subjects)

  
  

  • Defence, foreign affairs, atomic energy, banking, railways.

    
    

• Concurrent Powers (Concurrent List – 47 Subjects)

  
  

  • Education, marriage, bankruptcy, forests (both Centre & States can legislate).

    
    

• Residuary Powers (Article 248) – Only Parliament can legislate on subjects not in any list.

  
  

B. State Legislatures

• State List (66 Subjects) – Police, public health, agriculture, local government.

• Concurrent List – States can make laws, but Parliament’s law prevails in case of conflict (Article 254).

C. Special Powers of Rajya Sabha

• Can pass a resolution to create or abolish All India Services (Article 312).

• Can declare a subject in the State List as of national importance (Article 249).

3. Financial Powers

A. Parliament’s Control Over Finances

• Money Bills (Article 110) – Can only originate in Lok Sabha; Rajya Sabha can suggest amendments but cannot reject.

• Budget Approval – Parliament must pass the Annual Financial Statement (Article 112).

• No Tax Without Law (Article 265) – Only Parliament can impose taxes.

B. State Legislatures’ Financial Powers

• Money Bills in States (Article 199) – Only Legislative Assembly can pass; Council can delay but not block.

• State Budget – Must be approved by the Assembly.

4. Privileges & Immunities of Legislatures

A. Parliamentary Privileges (Article 105 & 194)

1. Freedom of Speech – No legal action for statements made in the House.

2. Right to Publish Proceedings – Immunity for publishing reports.

3. Right to Regulate Internal Proceedings – Courts cannot interfere.

4. Power to Punish for Contempt – Legislatures can punish for breach of privilege.

B. Key Cases on Privileges

• Keshav Singh Case (1965) – Legislatures cannot arrest judges for contempt.

• PV Narasimha Rao Case (1998) – MPs/MLAs immune from prosecution for bribery if voting in the House.

5. Key Differences Between Lok Sabha & Rajya Sabha

Feature	Lok Sabha	Rajya Sabha
Election	Directly elected	Indirectly elected by state MLAs
Term	5 years	Permanent (1/3rd retire biennially)
Money Bill Powers	Final authority	Can only suggest changes
Representation	People	States & UTs

6. Recent Controversies & Judicial Interventions

• Suspension of MPs (2023) – Debate over excessive use of suspension powers.

• Delhi vs Centre (2023 SC Verdict) – Clarified legislative powers of Delhi government.

• Anti-Defection Law (Tenth Schedule) – Disqualification of defecting MLAs.

Conclusion

India’s Union and State Legislatures form the backbone of its democracy, ensuring law-making, financial oversight, and executive accountability. While Parliament holds supremacy in national matters, state legislatures retain autonomy in local governance.

Privileges protect legislative independence, but judicial checks ensure they are not misused. As India evolves, the balance between Centre-State relations and legislative accountability remains crucial.