The Constitutional position of the council (as compared with the assembly) can be studied from two angles:

1) Spheres where council is equal to assembly.

2) Spheres where council is unequal to assembly.

1. Equal with Assembly:

In the following matters, the powers and status of the council are broadly equal to that of the assembly:

a) Introduction and passage of ordinary bills. However, in case of disagreement between the two Houses, the will of the assembly prevails over that of the council.

b) Approval of ordinances issued by the governor.

c) Selection of ministers including the Chief Minister. Under the Constitution the, ministers including the Chief Minister can be members of either House of the State Legislature. However, irrespective of their membership, they are responsible only to the assembly.

d) Consideration of the reports of the Constitutional bodies like State Finance Commission, State Public Service Commission and Comptroller and Auditor General of India.

e) Enlargement of the jurisdiction of the State Public Service Commission.

2. Unequal with Assembly:

In the following matters, the power and status of the council are unequal to that of the assembly.

a) A Money Bill can be introduced only in the assembly and not in the council.

b) The council cannot amend or reject a Money Bill. It should return the bill to the assembly within 14 days, either with recommendations or without recommendations.

c) The assembly can either accept or reject bill or any of the recommendations of the council. In both the cases, the Money Bill is deemed to have been passed by the two Houses.

d) The final power to decide whether a particular bill is a Money Bill or not is vested in the Speaker of Assembly.

e) The final power of passing an ordinary bill also lies with assembly. At the most, the council can detain or delay the bill for the period of four months – three months in the first instance and one month in the second instance. In other words, the council if not even a revising body like the Rajya Sabha; it is only a dilatory chamber or an advisory body.

f) The council can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the assembly).

g) The council cannot remove the council of ministers by passing a no-confidence motion. This is because, the council of ministers is collectively responsible only to the assembly. But, the council can discus and criticise the policies and activities of the Government.

h) When an ordinary bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, the bill ends and becomes dead.

i) The council does not participate in the election of the President of India and representatives of the state in the Rajya Sabha.

j) The council has no effective say in the ratification of a constitutional amendment bill. In this respect also, the will of the assembly prevails over that of the council.

k) Finally, the very existence of the council depends on the will of the assembly. The council can be abolished by the Parliament on the recommendation of the assembly.