The State Legislature and the Judiciary are two important institutions of the constitutional system.
The State Legislature:
The Judiciary:
The relationship between the State Legislature and Judiciary is therefore based on:
Legislative Power + Judicial Review + Constitutional Supremacy
The State Legislature is not sovereign.
Its laws are subject to:
Important constitutional provisions include:
Article 168 → State Legislature
Article 214 → High Court for each State
Article 226 → High Court's writ jurisdiction
Article 227 → High Court's superintendence over subordinate courts
Article 228 → Transfer of certain cases involving constitutional questions to High Court
Article 13 → Laws inconsistent with Fundamental Rights
Article 245 → Extent of laws made by Parliament and State Legislatures
Article 246 → Distribution of legislative powers
Article 254 → Inconsistency between Parliamentary and State laws
Article 256 onwards → Union-State administrative relations
The Seventh Schedule also determines the legislative competence of State Legislatures.
The relationship between the State Legislature and Judiciary is based on:
Supremacy of the Constitution
The Legislature can make laws only within the authority granted by the Constitution.
If a State law violates:
the Judiciary may examine its validity.
Therefore:
Legislature → Makes Law
Judiciary → Tests Constitutional Validity
A State Legislature can legislate on subjects assigned to it by the Constitution.
The Seventh Schedule distributes legislative subjects between:
The State Legislature has primary legislative authority over:
State List
subject to constitutional exceptions.
It can also legislate on:
Concurrent List
subject to the constitutional scheme governing conflicts with Parliamentary laws.
The Judiciary can determine whether a State Legislature has:
Exceeded its legislative competence
This is known as:
Judicial Review of Legislative Competence
For example, if the State Legislature legislates on a subject exclusively reserved for Parliament without constitutional authority, the Judiciary may examine whether the legislation is valid.
Article 245 deals with the:
Extent of laws made by Parliament and by the Legislatures of States.
A State Legislature can make laws:
For the whole or any part of the State
subject to the Constitution.
Therefore:
Article 245 → Territorial and constitutional extent of State legislation
Article 246 distributes legislative powers between:
The State Legislature has exclusive power over matters in the:
State List
subject to the Constitution.
It also shares power with Parliament over:
Concurrent List
The State Legislature has significant legislative authority over subjects relating to:
However, the constitutional competence of the State Legislature over courts and administration of justice is subject to the specific entries of the Seventh Schedule.
The Constitution places:
Administration of Justice
within the legislative field to the extent provided by the Seventh Schedule.
The relevant subject area includes:
subject to the constitutional exclusion and limitations concerning the:
Supreme Court and High Courts
Therefore:
State Legislature → Important role in subordinate judiciary through legislation
but:
High Court → Constitutional institution beyond ordinary legislative control
Article 214 provides:
There shall be a High Court for each State.
The High Court is a constitutional court.
The State Legislature cannot abolish or fundamentally redesign the constitutional existence of a High Court merely through ordinary legislation.
Its constitutional position is protected by the Constitution.
The State Legislature may enact laws relating to matters within its legislative competence that affect:
However, such legislation remains subject to:
Constitutional limitations
and:
Judicial Review
Under:
Article 226
the High Court can issue writs for:
The writs include:
Thus, the Judiciary can review executive action and, in appropriate cases, the legality of legislative measures.
A State law may be challenged before the High Court when a person claims that it:
The High Court can examine the validity of the law.
Therefore:
State Legislation → Subject to High Court Judicial Review
Under:
Article 227
the High Court has superintendence over:
All courts and tribunals within its territorial jurisdiction
subject to constitutional limitations.
This gives the High Court an important supervisory role over the subordinate judiciary.
Subordinate courts function within the State judicial structure.
The State Legislature can make laws affecting areas such as:
However, such laws must comply with:
Constitutional and Judicial Requirements
Under Article 228, the High Court may:
Withdraw certain cases from a subordinate court
when the case involves a substantial question of law as to the interpretation of the Constitution.
The High Court may:
This reinforces the High Court's role as the constitutional court within the State.
A State Legislature cannot:
The Legislature makes general laws.
The Judiciary applies and interprets them.
Therefore:
Legislature → General Rules
Judiciary → Adjudication of Individual Cases
A legislature may respond to a judicial decision by:
Changing the underlying law
where it has constitutional competence.
However, it cannot simply declare:
"The judgment of the court shall be void."
without changing the legal basis on which the judgment rests.
This distinction is important.
A Legislature may:
provided:
Therefore:
Legislative Change of Law → Permissible within competence
Legislative Reversal of Judgment without Changing Law → Not Permissible
Judicial review allows courts to examine whether State legislation is constitutionally valid.
A law may be struck down if it:
The principle is:
Constitutional Supremacy
Article 13 provides that laws inconsistent with Fundamental Rights are void to the extent of inconsistency.
Therefore:
State Legislature → Fundamental Rights Limitation
The High Courts and Supreme Court can examine laws for compliance with Fundamental Rights.
When both Parliament and a State Legislature legislate on the Concurrent List, conflict may arise.
Article 254 provides the constitutional framework for such inconsistency.
Generally:
Parliamentary Law Prevails
subject to the constitutional exception relating to certain State laws reserved for the President and receiving Presidential assent.
Parliament can subsequently override such State legislation.
A State Bill may be reserved by the Governor for the consideration of the:
President
under:
Article 200
If the President gives assent, the Bill becomes law subject to the Constitution.
This does not make the law immune from:
Judicial Review
Even a State law receiving:
Presidential Assent
can remain subject to constitutional review.
Presidential assent does not place a law beyond:
Therefore:
Presidential Assent ≠ Immunity from Judicial Review
The High Court can examine the validity of State laws under its constitutional jurisdiction.
This is an important check on the State Legislature.
The Supreme Court also has jurisdiction under:
Article 32
for enforcement of Fundamental Rights.
| Feature | Article 32 | Article 226 |
|---|---|---|
| Court | Supreme Court | High Court |
| Purpose | Enforcement of Fundamental Rights | Fundamental Rights + Other legal rights/purposes |
| Scope | Narrower | Wider |
| Constitutional status | Fundamental Right itself | Constitutional remedy |
| Territorial reach | Nationwide jurisdiction of SC | Territorial jurisdiction of HC |
For State Legislature and Judiciary:
Article 226 → Major State-Level Judicial Review Mechanism
The State Legislature must respect the:
Independence of the Judiciary
This includes respecting:
The Legislature cannot use ordinary law to control judicial decisions.
High Court judges are not appointed by the State Legislature.
They are appointed by the:
President of India
under:
Article 217
The State Legislature therefore has:
No direct power to appoint High Court judges.
High Court judges are not removed by the State Legislature.
They can be removed by the:
President
after Parliament presents the required address in accordance with the constitutional procedure.
Therefore:
State Legislature → No direct power to remove High Court judges
The Constitution places restrictions on legislative discussion regarding the conduct of judges.
Under:
Article 211
no discussion shall take place in a State Legislature with respect to the conduct of any judge of the:
Supreme Court or a High Court
in the discharge of duties except upon a motion for presenting an address to the President as provided in the Constitution.
This protects judicial independence.
Remember:
Article 211 → State Legislature
It restricts discussion on the conduct of:
The Legislature cannot freely debate the conduct of judges in the same way it may debate the conduct of Ministers.
The State Legislature can legislate on matters relating to subordinate courts within its constitutional field.
However, judicial administration also involves:
High Court + State Executive + Constitutional Framework
The High Court exercises supervisory control over subordinate courts under:
Article 227
and has important constitutional responsibilities regarding the subordinate judiciary.
The relationship between State Legislature and Judiciary reflects:
Separation of Powers
The Legislature:
Makes laws
The Executive:
Implements laws
The Judiciary:
Interprets and applies laws
No institution is completely isolated, but each must respect the constitutional limits of the others.
Judicial review acts as a constitutional check on the Legislature.
It ensures that:
Majority Rule ≠ Unlimited Power
A law passed by a legislative majority must still comply with the Constitution.
Courts have the final authority to interpret the Constitution in cases coming before them.
The State Legislature may:
But it cannot give itself the final authority to interpret the Constitution in a binding judicial sense.
The Judiciary has powers relating to:
Contempt of Court
The State Legislature has legislative privileges under:
Article 194
These powers can sometimes intersect.
However:
Legislative Privilege ≠ Power to Undermine Judicial Authority
and:
Judicial Power ≠ Power to Control Legislative Proceedings in every matter
The constitutional system seeks to maintain institutional balance.
Article 194 protects certain privileges of State Legislatures.
Courts can examine the constitutional limits of legislative privilege in appropriate cases.
Therefore:
Legislative Privilege is not Absolute
It remains subject to:
Constitutional Supremacy
A court normally respects the Legislature's internal proceedings within the constitutional framework.
However, legislative privilege cannot be used to:
This demonstrates the balance between:
Legislative Autonomy
and:
Judicial Review
The State Legislature does not directly appoint judges of:
The constitutional appointment process involves the:
President
and the constitutionally prescribed consultative mechanism.
Therefore:
State Legislature → No Direct Appointment Power
The State Legislature has a role in providing financial arrangements under the constitutional and statutory framework, but the constitutional status of judicial salaries and charged expenditure gives the judiciary important protection.
Certain expenditure relating to High Court judges is:
Charged on the Consolidated Fund of the State
and therefore:
Not voted by the Legislative Assembly
This protects judicial independence.
The Legislature exercises financial control over public expenditure.
However, constitutionally charged expenditure relating to the judiciary is not subject to ordinary voting by the Assembly.
This creates a balance:
Legislative Financial Control
with:
Judicial Institutional Independence
The State Legislature cannot use its legislative or financial powers to undermine the constitutional independence of the High Court.
Important safeguards include:
A State Legislature must respect:
Therefore:
Legislative Competence + Constitutional Compliance
are both necessary for valid legislation.
The Legislature of a State cannot amend the Constitution through ordinary legislation.
Constitutional amendments are made under:
Article 368
by Parliament.
State Legislatures only ratify certain constitutional amendments where the Constitution requires State ratification.
The Judiciary can review constitutional amendments on basic structure grounds according to the constitutional doctrine developed by the Supreme Court.
A healthy constitutional relationship permits:
Judicial Interpretation
followed by:
Legislative Policy Response
For example:
Court interprets law
↓
Legislature identifies policy issue
↓
Law is amended within competence
↓
Courts may again review the amended law
This demonstrates:
Constitutional Dialogue
rather than institutional supremacy of one branch over all others.
45. Importance of the Relationship
The Legislature-Judiciary relationship ensures:
Constitutional compliance
Protection of rights
Legislative accountability
Judicial independence
Separation of powers
Rule of law
Balance between majority rule and constitutional limits
46. UPSC Prelims Facts
Article 168 deals with State Legislature.
Article 214 provides for a High Court for each State.
Article 226 gives High Courts writ jurisdiction.
Article 227 gives High Courts superintendence over subordinate courts and tribunals within their jurisdiction.
Article 228 concerns transfer of certain cases involving constitutional questions to the High Court.
Article 245 deals with the extent of laws made by State Legislatures.
Article 246 deals with distribution of legislative powers.
Article 254 deals with inconsistency between Parliamentary and State laws on the Concurrent List.
Article 13 provides that laws inconsistent with Fundamental Rights are void to the extent of inconsistency.
Article 217 deals with appointment and conditions of office of High Court judges.
High Court judges are appointed by the President, not by the State Legislature.
High Court judges are not removed by the State Legislature.
Article 211 restricts discussion in the State Legislature regarding the conduct of Supreme Court and High Court judges.
Certain expenditure relating to High Court judges is charged on the Consolidated Fund of the State.
Article 194 deals with privileges of State Legislatures.
State legislative privilege is subject to constitutional limitations.
Presidential assent to a State Bill does not make the law immune from judicial review.
State Legislatures can legislate on subjects within their constitutional competence relating to administration of justice and subordinate courts.
The Judiciary can review State laws for violation of Fundamental Rights and legislative incompetence.
State Legislatures cannot directly exercise judicial power.
A Legislature cannot simply declare a judicial judgment void without changing the legal basis of the judgment.
State Legislatures cannot initiate Constitutional Amendment Bills under Article 368.
47. UPSC Prelims Traps
Trap 1
"State Legislature can appoint High Court judges."
False
High Court judges are appointed by the:
President
Trap 2
"State Legislature can remove High Court judges."
False
Removal involves the constitutional process at the Union level and cannot be done by the State Legislature.
Trap 3
"State Legislature can freely discuss the conduct of High Court judges."
False
Article 211 places a constitutional restriction on such discussion.
Trap 4
"Presidential assent makes a State law immune from judicial review."
False
Presidential assent does not eliminate constitutional judicial review.
Trap 5
"State Legislature has unlimited power over subordinate courts."
False
Its legislative power is subject to the Constitution and the distribution of legislative powers.
Trap 6
"Judiciary can make laws exactly like the Legislature."
False
Judiciary interprets and applies law; legislative law-making belongs primarily to the Legislature.
Trap 7
"Legislature can directly reverse every judicial judgment by passing a resolution."
False
A legislative body cannot simply exercise judicial power or nullify a judgment without constitutionally changing the underlying legal basis.
Trap 8
"Article 226 gives High Courts writ jurisdiction only for Fundamental Rights."
False
Article 226 extends to:
Fundamental Rights + Other Purposes
Trap 9
"Article 32 and Article 226 have identical scope."
False
Article 226 is wider because it can be used for Fundamental Rights and other legal purposes.
Trap 10
"High Court judges' salaries are voted by the State Legislature."
False
Relevant expenditure is constitutionally charged and not subject to ordinary voting by the Assembly.
48. Easy Memory Trick
State Legislature and Judiciary
245 → Extent of State Laws
246 → Legislative Powers
254 → Concurrent List Conflict
214 → High Court
226 → Writs
227 → Superintendence
228 → Constitutional Cases
211 → Judges' Conduct
217 → High Court Judges
49. Judiciary Review Formula
State Legislature
↓
Makes Law
↓
High Court
↓
Judicial Review
↓
Valid / Invalid
Remember:
Legislature → Law
Judiciary → Constitutional Review
50. Legislature vs Judiciary
LEGISLATURE
→ Makes Laws
→ Controls Finances
→ Holds Executive Accountable
JUDICIARY
→ Interprets Laws
→ Reviews Constitutionality
→ Protects Rights
→ Resolves Disputes
51. Quick Revision
STATE LEGISLATURE
↓
Makes State Laws
↓
Constitutional Limits
↓
High Court
↓
Judicial Review
↓
Constitutional Validity
Relationship:
Legislature
→ Law-Making
Judiciary
→ Interpretation + Review
Executive
→ Implementation
The system works through:
Separation of Powers + Checks and Balances
52. Mains Perspective
The relationship between the State Legislature and Judiciary is based on a balance between:
Democratic Law-Making
and:
Constitutional Supremacy
The Legislature represents the democratic will and makes laws within its constitutional competence.
The Judiciary ensures that:
Laws comply with the Constitution
Fundamental Rights are protected
Legislative competence is respected
Judicial independence is maintained
The objective is not institutional conflict but:
Constitutional Balance
53. Legislative Supremacy vs Constitutional Supremacy
Unlike the doctrine of parliamentary sovereignty found in some systems, India follows:
Constitutional Supremacy
Therefore, even a law passed by a large legislative majority can be declared unconstitutional if it violates the Constitution.
This is one of the most important principles governing the relationship between:
State Legislature + Judiciary
54. Significance
Judicial review of State legislation:
Protects Fundamental Rights
Prevents legislative overreach
Maintains federal boundaries
Protects constitutional institutions
Strengthens rule of law
Prevents arbitrary exercise of legislative power
At the same time, legislative law-making ensures:
Democratic representation
Policy flexibility
Response to social needs
Adaptation of statutory law
55. Challenges
The Legislature-Judiciary relationship may face:
Legislative Overreach
Attempt to interfere with judicial functions.
Judicial Overreach Concerns
Perceptions that courts are entering policy areas better handled by elected institutions.
Constitutional Conflicts
Disputes over legislative competence and Fundamental Rights.
Legislative Privileges
Tensions may arise between legislative privilege and judicial review.
Delayed Justice
Judicial review may sometimes take considerable time, affecting implementation of legislation.
56. Reform Perspective
The relationship can be strengthened through:
Respect for Institutional Boundaries
Each institution should remain within its constitutional sphere.
Better Legislative Drafting
High-quality laws can reduce unnecessary litigation.
Pre-Legislative Constitutional Review
Bills should receive stronger legal and constitutional scrutiny before enactment.
Legislative Research
Members should have access to constitutional and legal expertise.
Judicial Restraint
Courts should distinguish constitutional invalidity from policy disagreement.
Constructive Constitutional Dialogue
Legislature and Judiciary should respond to each other's constitutional decisions through lawful institutional mechanisms.
The objective should be:
Democratic Legitimacy + Constitutional Review + Institutional Restraint
57. Conclusion
The State Legislature and Judiciary perform different but complementary constitutional functions.
The Legislature:
Makes Laws + Controls Finances + Represents the People
The Judiciary:
Interprets Laws + Reviews Constitutionality + Protects Rights
The key constitutional principles are:
Article 245 → Legislative Extent
Article 246 → Legislative Competence
Article 214 → High Court
Article 226 → Writ Jurisdiction
Article 227 → Superintendence
Article 211 → Judges' Conduct
Article 217 → High Court Judges
Article 254 → Concurrent List Conflict
The easiest UPSC formula is:
Legislature → Makes Law
Judiciary → Reviews Law
Constitution → Sets the Limit
The larger principle is:
Constitutional Supremacy + Separation of Powers + Judicial Review