Q. 2. State legislatures in India often function irregularly and suffer from poor legislative performance. Identify key challenges and suggest ways to strengthen them. (150 words, 10 marks)
Introduction
State Legislatures, under Part VI (Articles 168–212), are key to decentralised governance. As Granville Austin noted, they are vital “institutions of cooperative federalism.” Weak performance undermines both federal balance and governance quality.
Body
Constitutional Provisions Pertaining to State Legislatures:
Article 168: Composition of State Legislatures
Article 174: Governor’s power to summon and prorogue House
Article 200: Assent to Bills
Article 208: Rules of Procedure
Irregularity and Performance Facts:
A PRS report shows state assemblies met for an average of just 29 days annually (2016–21), with low bill scrutiny and declining question hour engagement.
Key Challenges
Legislative Inefficiency: Delays and disruptions weaken legislative productivity. Example: In many states, sessions last fewer than 30 days per year.
Political Instability: Frequent government changes disrupt legislative continuity. Example: Maharashtra and Bihar have seen multiple leadership shifts recently.
Representation Gaps: Marginalised communities often remain underrepresented. Example: Few tribal or women MLAs in Jharkhand and Uttar Pradesh.
Interference from Centre: Overlap in powers fuels federal tensions. Example: NCT of Delhi conflict between elected govt and Lt. Governor.
Governor’s Delay on Bills: Executive-legislature friction undermines governance. Example: Tamil Nadu’s 2024 petition against delay in governor’s assent.
Recommendations
Ensure Regular Sessions: Mandate minimum sittings and reduce disruptions. NCRWC recommended a calendar-based legislative agenda.
Empower Committees: DRSC-like bodies at state level for scrutiny. 2nd ARC called for stronger committee system in states.
Revamp Legislative Councils: Strengthen debate, include expert members. Punchhi Commission suggested reforms in LC structure.
Limit Governor’s Discretion: Specify time frame for bill assent. Sarkaria Commission and SC have supported this reform.
Capacity Building: Train MLAs, enhance research and data support. PRS Legislative Research assists some states like Odisha.
Judicial Pronouncements & Observations
S.R. Bommai (1994): Federalism is part of the Constitution’s basic structure; states are not mere agents of the Centre and enjoy autonomous status.
2024 TN Governor Case: SC held that governors must act swiftly on bills.
Conclusion
Empowering state legislatures is essential for deepening Indian federalism and enhancing grassroots governance. Structural reforms, robust deliberation, and institutional support will revitalise these vital democratic spaces.
