In this article you will learn about the Difference between Parliament and State Legislature.
Difference between Parliament and State Legislature
Parliament and State Legislature are two distinct legislative bodies in a federal system like India. They have different roles, functions, and areas of jurisdiction.
Here are the key differences between Parliament and State Legislature :
Jurisdiction
Parliament : Parliament is the supreme legislative body at the national level. It has authority over matters listed in the Union List, Concurrent List, and Residuary Powers. It can make laws on subjects that affect the entire country, including defence, foreign affairs, and inter-state commerce.
State Legislature : State Legislatures, on the other hand, have authority over matters listed in the State List and Concurrent List. They can make laws on subjects that pertain to the respective states, such as police, public health, and agriculture.
Composition
Parliament : The Indian Parliament consists of two houses - the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Members of the Lok Sabha are directly elected by the people of India, while members of the Rajya Sabha are elected by the members of the State Legislative Assemblies.
State Legislature : Each State Legislature is bicameral or unicameral depending on the state. In states with two houses, the lower house is called the Legislative Assembly (Vidhan Sabha), and the upper house, where it exists, is called the Legislative Council (Vidhan Parishad).
Subjects and Powers
Parliament : Parliament has the authority to legislate on subjects that fall under the Union List and Concurrent List. It can also legislate on matters related to the Concurrent List in case of a conflict between the central and state laws.
State Legislature : State Legislatures have the power to legislate on subjects in the State List and Concurrent List, but in case of a conflict between state and central laws on a concurrent subject, the central law prevails.
Representation
Parliament : Members of Parliament (MPs) represent the entire country, and their number is determined by population and constituencies.
State Legislature : Members of State Legislative Assemblies (MLAs) represent specific geographic regions within a state, and their number is determined based on the population of the respective constituencies.
Tenure
Parliament : The Lok Sabha has a maximum term of five years, but it can be dissolved earlier, leading to general elections. The Rajya Sabha is a permanent body with members serving six-year terms, but one-third of its members retire every two years.
State Legislature : The term of State Legislative Assemblies is also five years, but they can be dissolved earlier, leading to state elections. The Legislative Council, where it exists, follows a similar pattern to the Rajya Sabha.
Constitutional Amendments
Parliament : Only Parliament can make amendments to the Indian Constitution. It requires a special majority in both houses.
State Legislature : State Legislatures have no power to amend the Indian Constitution. Constitutional amendments are solely within the purview of Parliament.
Both Parliament as well as State Legislatures play crucial roles in the legislative process and governance of India, with their areas of authority clearly defined in the Constitution of India.
This article on Difference between Parliament and State Legislature is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.