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State Legislature and Judiciary

UPSC Civil Services• POLITY• State Legislature• State Legislature and Judiciary
Explains the relationship between the State Legislature and Judiciary, covering legislative competence under Articles 245 and 246, judicial review, High Court powers under Articles 214, 226, 227 and 228, Article 211 and restrictions on discussion of judges' conduct, appointment and removal of High Court judges, legislative privilege under Article 194, Concurrent List conflicts under Article 254, charged judicial expenditure, legislative limits on overriding judicial decisions, separation of powers, constitutional supremacy, UPSC Prelims facts and traps, memory tricks, and Mains perspective.

State Legislature and Judiciary

Introduction

The State Legislature and the Judiciary are two important institutions of the constitutional system.

The State Legislature:

  • Makes laws within its constitutional competence
  • Controls State finances
  • Holds the executive accountable

The Judiciary:

  • Interprets the Constitution and laws
  • Protects Fundamental Rights
  • Exercises judicial review
  • Resolves disputes
  • Ensures constitutional limits on legislative and executive power

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:

  • Constitution
  • Fundamental Rights
  • Distribution of legislative powers
  • Judicial review

1. Constitutional Framework

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.


2. Constitutional Supremacy

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:

  • Fundamental Rights
  • Constitutional provisions
  • Legislative competence
  • Other constitutional limitations

the Judiciary may examine its validity.

Therefore:

Legislature → Makes Law

Judiciary → Tests Constitutional Validity


3. Legislative Competence

A State Legislature can legislate on subjects assigned to it by the Constitution.

The Seventh Schedule distributes legislative subjects between:

  • Union List
  • State List
  • Concurrent List

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.


4. Judiciary and Legislative Competence

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.


5. Article 245

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


6. Article 246

Article 246 distributes legislative powers between:

  • Parliament
  • State Legislatures

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


7. State List and Judiciary

The State Legislature has significant legislative authority over subjects relating to:

  • Public order
  • Police
  • Local government
  • Agriculture
  • Public health
  • Other State List matters

However, the constitutional competence of the State Legislature over courts and administration of justice is subject to the specific entries of the Seventh Schedule.


8. Administration of Justice

The Constitution places:

Administration of Justice

within the legislative field to the extent provided by the Seventh Schedule.

The relevant subject area includes:

  • Administration of justice
  • Constitution and organisation of subordinate courts

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


9. High Court — Constitutional Position

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.


10. High Court and State Legislature

The State Legislature may enact laws relating to matters within its legislative competence that affect:

  • Administration of justice
  • Subordinate courts
  • Court procedures
  • State laws administered by courts

However, such legislation remains subject to:

Constitutional limitations

and:

Judicial Review


11. High Court's Writ Jurisdiction

Under:

Article 226

the High Court can issue writs for:

  • Enforcement of Fundamental Rights
  • Other purposes

The writs include:

  • Habeas Corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo Warranto

Thus, the Judiciary can review executive action and, in appropriate cases, the legality of legislative measures.


12. Article 226 and State Laws

A State law may be challenged before the High Court when a person claims that it:

  • Violates Fundamental Rights
  • Exceeds legislative competence
  • Violates another constitutional provision

The High Court can examine the validity of the law.

Therefore:

State Legislation → Subject to High Court Judicial Review


13. High Court's Superintendence

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.


14. Subordinate Courts

Subordinate courts function within the State judicial structure.

The State Legislature can make laws affecting areas such as:

  • Court organisation within its legislative competence
  • Procedural matters
  • Jurisdiction of subordinate courts
  • Administration of justice

However, such laws must comply with:

Constitutional and Judicial Requirements


15. Article 228

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:

  • Decide the constitutional question itself
  • Dispose of the case according to the constitutional framework

This reinforces the High Court's role as the constitutional court within the State.


16. Legislature Cannot Control Judicial Decisions

A State Legislature cannot:

  • Direct a court to decide a particular case in a particular manner
  • Override a judicial judgment merely by legislative declaration
  • Exercise judicial power itself
  • Interfere with judicial independence

The Legislature makes general laws.

The Judiciary applies and interprets them.

Therefore:

Legislature → General Rules

Judiciary → Adjudication of Individual Cases


17. Can Legislature Override a Judicial Decision?

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.


18. Legislative Overriding of Judgments

A Legislature may:

  • Amend the law
  • Remove the legal basis of a judgment
  • Change the applicable statutory framework

provided:

  • It has legislative competence
  • The new law complies with the Constitution
  • It does not directly exercise judicial power

Therefore:

Legislative Change of Law → Permissible within competence

Legislative Reversal of Judgment without Changing Law → Not Permissible


19. Judicial Review of State Laws

Judicial review allows courts to examine whether State legislation is constitutionally valid.

A law may be struck down if it:

  • Violates Fundamental Rights
  • Exceeds legislative competence
  • Violates constitutional provisions
  • Conflicts with superior constitutional law

The principle is:

Constitutional Supremacy


20. Article 13

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.


21. Judicial Review and Concurrent List

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.


22. President's Assent to State Laws

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


23. Presidential Assent Does Not End Judicial Review

Even a State law receiving:

Presidential Assent

can remain subject to constitutional review.

Presidential assent does not place a law beyond:

  • Fundamental Rights review
  • Legislative competence review
  • Other constitutional limitations

Therefore:

Presidential Assent ≠ Immunity from Judicial Review


24. High Court's Power to Review State Legislation

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.


25. Article 32 vs Article 226

FeatureArticle 32Article 226
CourtSupreme CourtHigh Court
PurposeEnforcement of Fundamental RightsFundamental Rights + Other legal rights/purposes
ScopeNarrowerWider
Constitutional statusFundamental Right itselfConstitutional remedy
Territorial reachNationwide jurisdiction of SCTerritorial jurisdiction of HC

For State Legislature and Judiciary:

Article 226 → Major State-Level Judicial Review Mechanism


26. Judicial Independence

The State Legislature must respect the:

Independence of the Judiciary

This includes respecting:

  • Judicial decision-making
  • Judicial tenure
  • Institutional autonomy
  • Constitutional jurisdiction
  • Separation of powers

The Legislature cannot use ordinary law to control judicial decisions.


27. Appointment of High Court Judges

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.


28. Removal of 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


29. Legislative Discussion on 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.


30. Article 211 — Important UPSC Point

Remember:

Article 211 → State Legislature

It restricts discussion on the conduct of:

  • Supreme Court judges
  • High Court judges

The Legislature cannot freely debate the conduct of judges in the same way it may debate the conduct of Ministers.


31. Legislature and Subordinate Judiciary

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.


32. Separation of Powers

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.


33. Legislature and Judicial Review

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.


34. Legislature and Constitutional Interpretation

Courts have the final authority to interpret the Constitution in cases coming before them.

The State Legislature may:

  • Debate constitutional issues
  • Frame legislation
  • Amend statutes within its competence

But it cannot give itself the final authority to interpret the Constitution in a binding judicial sense.


35. Legislature and Contempt of Court

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.


36. Legislative Privileges and Judiciary

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


37. Judiciary and Legislative Privilege

A court normally respects the Legislature's internal proceedings within the constitutional framework.

However, legislative privilege cannot be used to:

  • Violate Fundamental Rights
  • Defeat constitutional provisions
  • Completely exclude judicial review where the Constitution permits it

This demonstrates the balance between:

Legislative Autonomy

and:

Judicial Review


38. Legislature and Judicial Appointments

The State Legislature does not directly appoint judges of:

  • High Court
  • Supreme Court

The constitutional appointment process involves the:

President

and the constitutionally prescribed consultative mechanism.

Therefore:

State Legislature → No Direct Appointment Power


39. Legislature and Judicial Salaries

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.


40. Judiciary and State Budget

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


41. State Legislature and High Court Independence

The State Legislature cannot use its legislative or financial powers to undermine the constitutional independence of the High Court.

Important safeguards include:

  • Constitutional tenure
  • Removal procedure involving Parliament and President
  • Charged expenditure
  • Judicial review
  • Constitutional jurisdiction

42. Judiciary and Constitutional Limits on Legislation

A State Legislature must respect:

  • Fundamental Rights
  • Basic constitutional principles
  • Distribution of legislative powers
  • Constitutional procedures
  • Judicial review

Therefore:

Legislative Competence + Constitutional Compliance

are both necessary for valid legislation.


43. Legislature and Basic Structure

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.


44. Legislative Response to Judicial Decisions

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