DIFFERENCE BETWEEN PARLIAMENT AND STATE LEGISLATURE

ABSTRACT

.India is a federal state, has an idiomatic political structure with different roles for the central and state-level legislative bodies. The Parliament, representing the central authority, and State Legislatures, representing the states, play vital roles in governance and policy-making. This paper explores the core distinction between Parliament and State Legislatures in terms of structure, functions, powers, and relationship with other constitutional bodies. The distinctions between the Parliament and State Legislatures are the main topic of this essay’s analysis of the Indian legislative system. It explores their constitutional underpinnings, organisational frameworks, roles, authority, and interactions within the federal system. The study emphasises the different but functions that are interrelated that these institutions play in India’s democracy and how they support governance while preserving the balance of power. The function of these institutions within the larger federal framework is also examined in the article, along with an evaluation of how they interact in both routine and unusual situations, including emergencies. The impact of party politics, regional desires for autonomy, and centralization-related challenges are all critically analysed. The study draws contrast and highlights distinctive features between India’s legislative framework and other federal systems, such as the US, in order to offer a global point of view.

Keywords

Parliament, State legislature, federalism, Bicameral, Unicameral, Lok Sabha, Rajya Sabha, Article 368, President, Prime Minister

INTRODUCTION

Gearing at government through Parliament creates a bicameral system of legislatures. It works at the centre and in some states. Parliament consists of the House of the People, the Council of States, and the President of India. The foremost purpose of Parliament and State Legislature lies in law-making. Article 79 to Article 122 [1]in Part V of the Constitution deals with Parliament while Articles 168 to 212 [2]in Part VI deal with the State Legislature. Further, accountability is assured by representation and policy formulation at the local level. This is the greatest democracy in the world, supported by the above. The Constitution embodies the split powers through unions and states, which enables the governance to cater to the various regional demands while keeping national unity. The highest legislative body in India is the Parliament, which consists of the President, the House of People (Lok Sabha), and the Council of States (Rajya Sabha). It makes policies for the whole nation, deals with matters of national importance, and acts as a centralized forum for the heterogeneous populations of India. Indian governance is centred around the Parliament and thus preserves the integrity and regularity of the policies of the state. In contrast, state legislatures assemble these powers in the Legislative Assembly (Vidhan Sabha) and sometimes in a Legislative Council (Vidhan Parishad) in certain states for regional governance. They have the right to create laws relevant to specific states and ensure that the different socio-economic and cultural needs of various areas are met.

The nature of Parliament and State Legislatures varies widely in the sense of their organizations, composition, and powers, but their aim of course is law-making. This is owing to India’s federal structure which seeks to strike a balance between state sovereignty and Union authority. Therefore, the essay intends to compare Parliament with State Legislatures in India concerning their constitutional bases as well as their structural differences, legislative powers, and functions in the federal system of the country. This study will identify the specific roles of these institutions in governance and their interactions towards more cooperative federalism in India through such an examination of these organizations. That’s what it is. These differences have India with a federal structure for that matter; keeps a balance between state sovereignty and Union authority. Therefore, the essay intends to compare Parliament with State Legislatures in India to their constitutional bases as well as their structural deviations, legislative powers, and functions in the federal system of the country. By such an examination of these organizations, the study will identify the particular roles of these institutions in governance and their interactions towards more cooperative federalism in India.

STRUCTURE OF PARLIAMENT

The Indian Parliament, the country’s highest legislative body, is composed of the President of India, the Lok Sabha, and the Rajya Sabha. The people directly elects the majority of the 552 members of the Lok Sabha, also referred to as the House of the People. It is responsible for establishing and managing the government, draughting and passing legislation, and debating matters of national importance. With a maximum of 250 members, the Rajya Sabha, often called the Council of States, is chosen by state legislatures and union territories. Twelve members are chosen by the president depending on their qualifications. It ensures balance in legislative processes, represents states, and examines and revises bills enacted by the Lok Sabha. The president is an important figure even though he is not a member; he calls meetings, authorises legislation, and issues ordinances as necessary. Parliament has extensive legislative power and can pass laws on subjects covered by the Union and Concurrent Lists in addition to adopting the annual budget and amending the Constitution under Article 368. Additionally, it participates in the presidential and vice presidential elections and holds the executive branch accountable through the employment of instruments like Question Hour and No-Confidence Motions. . Its jurisdiction encompasses all of India, including states and union territories, and includes exclusive powers in times of emergency, shared control over the Concurrent List, and subjects in the Union List. The Parliament guarantees governance, accountability, and the representation of the people in a federal government through its supervisory, financial, and legislative duties.

STRUCTURE OF STATE LEGISLATURE

The State Legislature in India enacts laws and supervises state governance. It has different types of structures for functioning depending on the unicity or bicamerality of the legislature. For example, a Legislative Assembly (Vidhan Sabha) is present in a unicameral country; but a bicameral country has a Legislative Assembly as well as a Legislative Council (Vidhan Parishad). The Legislative Assembly has anything between 60 and 500 members, all of whom are directly elected by the people of the state, depending on its population. Its head, the Speaker, chairs its sessions, and it has a term of five years, unless dissolved before. A third of the members of the Legislative Council retire every two years, making it a permanent body in some of the states. Some Council members are elected by the state legislative assembly, local organisations, teachers, and graduates, while some others are appointed by the governor. It is another function of the governor to summon sessions, give assent to bills, and issue ordinances when the legislature is not in session. The State Legislature has the competence to enact laws pertaining to State List and also Concurrent List topics such as police, agriculture, and health. It is responsible for state taxation as well as expenditure and approves the budget for the state. The Council, if it exists, can recommend the changes but not reject them; only Legislative Assembly can have power to propose and approve money bills. By challenging ministers, debating policies, introducing votes of no-confidence, the legislature keeps an eye on the state executive. The power of the state legislature is limited to the geographical borders of the state; and in case of national emergency, final power rests with Parliament. The State Legislature extends localized governance while keeping in mind the peculiarities of each state and their functioning within the bounds of the Indian Constitution.

KEY DIFFERENCES BETWEEN PARLIAMENT AND STATE LEGISLATURE

The differences also highlight the circumstances under which Parliament has national jurisdiction, while the State Legislature deals with any specific issues related to a state, keeping a balance in the federal system of India.

ASPECT	PARLIAMENT	STATE LEGISLATURE
Jurisdiction	Entire Country	Limited to the boundaries of respective state
Structure	Bicameral	Unicameral or Bicameral
Composition	MPs directly or indirectly elected	MLA s and MLCs
Presiding officer	Speaker of Lok Sabha and chairperson of Rajya Sabha	Speaker of legislative assembly and chairperson of legislative council
Legislative powers	Can Legislate on Union list and concurrent list and during emergency state list also	Can Legislate on State list and concurrent list
Financial Authority	Lok Sabha exclusively handles money bills; budget impacts national finances	Legislative assembly handles money bills; budget affects state finances
Executive control	Control over union government led by the P.M	Control over State government led by the chief minister
Amendment of constitution	Can amend through article 368[3]	No power of amendment
Term	Lok Sabha: 5 years Rajya Sabha: Permanent with 1/3^rd retiring every 2 years	Legislative assembly: 5 years Legislative council: Permanent with 1/3^rd retiring every 2 years
Representation	Represent the entire nation’s welfare	Represent specific state interest
Role of head state	President	Governor

SIMILARITIES BETWEEN PARLIAMENT AND STATE LEGISLATURE

At the same time, Parliament and State Legislatures under the Indian federal democratic system operate at different levels of government but perform the same structures, obligations, and duties. They are both legislative arms and have the same duties: that of drafting laws, discussing policies, and holding the executives accountable. Elected politicians who represent the interests and concerns of their citizens make up this group. Indeed, in inheritance from their nature toward cooperative federalism, Parliament and State Legislatures have jurisdiction to pass laws on subjects that lie under their respective areas. They have joint authority on subjects under the Concurrent List. The other side of the financial matters is the jurisdiction of both the bodies, apart from Money Bills, which can only be proposed and passed by the Legislative Assembly and Lok Sabha. They also present Question Hours, Debates, and No-Confidence Motions for accountability of the executive. Another feature common to both systems is the presiding officer like the Speaker to ensure smooth conduct of meetings. The prime minister at the national level or chief minister at the states’ level answers to their respective legislatures that further add to the concept of collective accountability. Besides, both bodies operate within the framework of the Constitution, keeping its supremacy intact and ensuring governance by its ideals. All of these parallels highlight how mutually complementary their works are toward ensuring a fair and effective legislative mechanism in India.

IMPORTANCE OF BOTH BODIES IN GOVERNANCE

1. Law formulation and policy formation:

Parliament: In charge of passing legislation on matters of national significance including taxation, foreign policy, and defence that have been incorporated in the Union List. In order to maintain coherence among states, it also covers Concurrent List subjects.
State legislature: Concentrate on state-specific matters, enacting laws pertaining to topics like agriculture, health, and law enforcement that are on the State List. This makes it possible for localised government that is suited to each state’s particular requirements.

2. Representation of People

Parliament: It guarantees that a range of regional and cultural interests are represented in national policies by advocating for the whole Indian community.
State legislature: Give state citizens a forum to express their worries and make sure their goals are taken into consideration by the government.

3. Accountability

Through debates, Question Hour, and motions of confidence or no-confidence, both legislatures are essential in holding the executive branch responsible. This guarantees that all levels of government—federal and state—continue to be open and responsive to the people.

4. Crises Management

In the event of a crisis, both bacteria and state legislatures are vital. While state legislatures prioritize immediate concerns at regional levels to maintain order within the state, Parliament could take the authority over passing provisions even on state matters during a national emergency.

5. Electoral roles

While State Legislatures take part in the presidential election and play a part in the Rajya Sabha elections, Parliament chooses India’s president and vice president.

6. Public engagement and awareness

Such organisations tend to nurture a politically alert and active citizenry by familiarizing with different debates and conversations concerning their government and policies.

7. Policy Implementation

Both organisations carefully examine how laws and policies are being applied to make sure they successfully serve the interests of the public and are in line with their intended goals.

By addressing the concerns of citizens at all levels and bolstering India’s democratic fabric, Parliament and State Legislatures work together to promote inclusive and responsive governance.

CONCLUSION

An important pillar of the Indian federal democratic system is the Parliament and the State Legislatures, which have distinct yet related functions relating to governance. Since Parliament is the highest legislative body in the country, it looks into matters of national significance, coordinating laws throughout the nation. The state legislatures address concerns that are usually regional, thus ensuring localised administration that is attuned to the different socioeconomic and cultural realities of the states. Although they differ in scope, composition, and jurisdiction, they have similar objectives of representation, accountability, and law-making. Together, they embody the federal essence by balancing regional autonomy with centralisation. They do joint work in making laws and policies that combine both national interests and the distinctive conditions of each state. They are thus democratic institutions through which elected representatives can now voice public concern, examine the executive actions, and influence the country’s development path. Their contributions towards popular participation, constitutional amendments, and monitoring finances establish their relevance in an evolving and changing governance structure. In short, landmarking India’s governance framework is State Legislatures and the Parliament. The efficiency with which they operate ensures that these values are entrenched at all levels of government while strengthening democratic values. It is vital to understand their roles and interdependencies to create participatory democracy and build a strong, forward-looking nation.

REFERENCES

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https://unacademy.com/content/upsc/study-material/polity/comparing-state-legislature-to-parliament-regarding-powers-and-functions/#:~:text=The%20Parliament%20and%20the%20State,Parliament%20is%20fixed%20and%20stated. ( Visited on 3^rd Jan, 2025)
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[1] Article 79 to 122 of the Indian Constitution

[2] Article 168 to 212 of the Indian Constitution

[3] Article 368 of the Indian Constitution

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