Legislative Procedures in the State Legislature

Types of Bills

• The bills introduced in the State Legislature can be classified into –
  1. Ordinary bills – concerned with any matter other than financial subjects.
  2. Money bills – concerned with financial matters like taxation, public expenditure, etc.
• They follow certain Legislative Procedures in the State Legislature for passing them.

Constitutional Provisions

• Following are the Constitutional Provisions for Legislative Procedures in the State Legislature –

Ordinary Bill

• Ordinary bills are concerned with any matter other than Financial Bills, money Bills and Constitutional Amendment Bills.
• Such Bills can be introduced in either House of State Legislature without the recommendations of Governor.
• Passed by Simple Majority.

Bill in the Originating House

• • A bill follows the same legislative procedure as in the Centre
  • Can be introduced by a minister or any other member in the Legislative Assembly in case of the unicameral legislature or either house in case of a bicameral legislature.
  • The bill passes through three stages in the originating House –
    1. First reading
    2. Second reading
    3. Third reading
  • In case of the bicameral legislature, transferring of bill to the other house after being passed by the house in which the bill originated.
  • A bill is deemed to have been passed by the state legislature only when both the Houses have agreed to it, either with or without amendments.
  • In case of a unicameral legislature, a bill passed by the legislative assembly is sent directly to the governor for his assent.

Bill in the Second House

• • In the second House also, the bill passes through all the three stages, that is, first reading, second reading and third reading.
  • When a bill is passed by the legislative assembly and transmitted to the legislative council, it has four alternatives before it –
    1. it may pass the bill as sent by the assembly (i.e., without amendments);
    2. it may pass the bill with amendments and return it to the assembly for reconsideration;
    3. it may reject the bill altogether; and
    4. it may not take any action and thus keep the bill pending.
  • If the council passes the bill without amendments or the assembly accepts the amendments suggested by the council, the bill is deemed to have been passed by both the Houses and the same is sent to the governor for his assent.
  • The Legislative Assembly can pass the bill with or without recommendations suggested by the legislative council.
  • The legislative council can reject the bill or keep the bill for three months without taking any action.
  • But, if the Legislative Assembly passes the bill again and transfers it to the Council, the council has following options –
    1. It can keep the bill for one month again,
    2. It cannot pass it,
    3. rejecting it or
    4. passing it with amendments not acceptable or acceptable to the Legislative Assembly.
  • In all of the cases mentioned above, the Legislative Assembly will pass the bill after the expiry of one month.
  • The bill is deemed to have been passed by both the Houses in the form in which it was passed by the assembly for the second time.
  • There is no provision of joint sitting in the state legislature.
  • Moreover, when a bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, the bill ends and becomes dead.
  • Therefore, the ultimate power of passing an ordinary bill is vested in the assembly.
  • Thus, the council has been given much lesser significance, position and authority than that of the Rajya Sabha at the Centre.

Assent of the Governor

• • After Bill is passed by the assembly or by both the Houses in case of a bicameral legislature, is presented to the governor for his assent.
  • The Governor can –
    1. Give his assent after which it becomes an Act
    2. Reject the bill
    3. Return the bill for reconsideration. If he Houses pass the bill after such reconsideration the Governor has to assent to the bill.
    4. Reserve the bill for the President
  • If the governor gives his assent to the bill, the bill becomes an Act and is placed on the Statute Book.
  • If the governor withholds his assent to the bill, the bill ends and does not become an Act.

Assent of the President

• • Assent of the President is required, in case a bill is reserved by the Governor.
  • The President may assent, withhold his assent or return the bill for reconsideration.
  • When a bill is so returned, the House or Houses have to reconsider it within a period of six months.
  • The bill is presented again to the presidential assent after it is passed by the House or Houses with or without amendments.
  • It is not mentioned in the Constitution whether it is obligatory or not on the part of the president to give his assent to such a bill.

Money Bill

• These Bills deal with the taxes, borrowings, consolidated and contingency funds, audit and accounting, etc.

Procedure for Passing of Money Bills

• • No money bill can be introduced without the governor’s recommendation.
  • A Money Bill cannot be introduced in the legislative council. It can be introduced in the legislative assembly only.
  • Such a bill is a government bill and can be introduced only by a minister.
  • The bill if passed by Legislative Assembly, goes to the legislative council, the council can only discuss it and make recommendation. It cannot reject or amend a Money Bill.
  • It has to return the bill with or without recommendations within 14 days.
  • The Legislative Assembly may reject or accept such recommendations.
  • If the legislative assembly accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form.
  • If the legislative assembly does not accept any recommendation, the bill is then deemed to have been passed by both the Houses in the form originally passed by the legislative assembly without any change.
  • If the legislative council does not return the bill to the legislative assembly within 14 days, the bill is deemed to have been passed by both Houses at the expiry of the said period in the form originally passed by the legislative assembly.
  • The bill is then given to Governor for assent. Governor may give or withhold it or sent it for President’s consideration.
  • The President too may give or withhold his assent to the bill.
  • But neither Governor nor President can return the bill for reconsideration.

So, this is all about the introductory post on the Legislative Procedures in the State Legislature. If you want to read more notes on Indian Polity – Click Here.

In the Next Post (Click Here), we will learn about the Privileges of State Legislature.

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