The council's constitutional position (in comparison to the assembly) can be examined from two perspectives:
• Spheres in which the council is the same as the assembly.
• Spheres in which council trumps assembly.
The Council's Powers are Roughly Equivalent To Assembly in the Following Areas:
• Ordinary bills are introduced and passed. In the event of a disagreement between the two Houses, the assembly's will takes precedence over the council's.
• The governor's ordinances must be approved.
• Ministers, including the chief minister, are chosen. Ministers, including the chief minister, can serve in either House of the state legislature, according to the Constitution. They are, however, solely responsible to the assembly, regardless of their membership.
• The reports of constitutional bodies such as the State Finance Commission, the State Public Service Commission, and the Comptroller and Auditor General of India will be considered.
• The state public service commission's jurisdiction is being expanded.
The Council's Powers are unequal To Assembly in the Following Areas:
• Only the assembly and not the council can introduce a Money Bill.
• A money bill cannot be amended or rejected by the council. It should send the bill back to the legislature within 14 days, either with or without recommendations.
• The assembly can accept or reject all or any of the council's recommendations. The money bill is deemed to have been passed by both Houses in both cases.
• The Speaker of the House of Representatives has the final say on whether a bill is a money bill or not.
• The assembly has the final say on whether or not to pass a regular bill. The bill can be detained or delayed for a maximum of four months by the council—three months in the first instance and one month in the second. In other words, the council is merely a deliberative chamber or an advisory body, not a revising body like the RajyaSabha.
• The council can only talk about the budget and not vote on grant requests (which is theexclusive privilege of the assembly).
• A no-confidence motion cannot be used to remove the council of ministers. This is because the council of ministers is only accountable to the assembly as a whole. The council, on the other hand, can debate and criticise the government's policies and activities.
• When the assembly rejects an ordinary bill that originated in the council and was sent to the assembly, the bill is considered dead.
• The council abstains from voting in the election of India's president and state representatives in the Rajya Sabha.
• The council has no say in whether or not a constitutional amendment bill is ratified. In this case, too, the assembly's will takes precedence over the council's.
• Finally, the council's very existence is contingent on the assembly's will. The Parliament, on the recommendation of the assembly, can abolish the council.
From the foregoing, it is clear that the council's position in relation to the assembly is far weaker than the Rajya Sabha's position in relation to the Lok Sabha.