State Legislative Procedure – The Ordinary Bill

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By admin July 20, 2019 17:08

Legislative Procedure – Ordinary Bill

  • A bill follows the same legislative procedure as in the Centre
  • Can be introduced by a minister or any other member in LA in case of the unicameral legislature or either house in case of a bicameral legislature
  • Three stages
    • First reading
    • Second reading
    • Third reading
  • In case of the bicameral legislature -Transfer to the other house after being passed by the house in which the bill originated.
  • Assent of the Governor
  • Assent of the President in case a bill is reserved by the Governor.
  • A bill in the second house
  • The LA can pass the bill with or without recommendations suggested by the legislative procedure council.
  • The legislative council can reject the bill or keep the bill for three months without taking any action.
  • But if the LA passes the bill again and transfers it to the Council, the council can keep the bill for one month again, not passing it, rejecting it or passing it with amendments not acceptable or acceptable to the LA.
  • In all of the cases mentioned above, the LA will pass the bill after the expiry of one month.
  • There is no provision of joint sitting in the state legislature.
  • Assent of the Governor – Article 200
  • The Governor can

[i] Give his assent after which it becomes an Act

[ii] Reject the bill

[iii] Return the bill for reconsideration. If the Houses pass the bill after such reconsideration the governor has to assent to the bill.

[iv] Reserve the bill for the President

  • Assent of the President – Article 201
  • The President may assent, withhold his assent or return the bill for reconsideration after which the Constitution does not mention whether he is bound to give assent as in other cases.

Legislative Council – a secondary chamber

  • In comparison to Rajya Sabha
  • The legislative Council which is heterogeneously constituted has a weak composition compared to the Rajya Sabha which is homogeneously constituted.
  • The pattern of the State Legislature has been adopted from Britain in accordance with the principles of democracy.
  • Legislative council does not have to represent the federal element of a polity like the Rajya Sabha which has to act as a check on the powers of the Centre.

Comparison between legislative Procedures in Parliament and state legislature

Similarities

With regard to money bills, the position of the Union and the state legislature is similar, i.e. like in Council of States:

  • A money bill cannot originate in the second chamber.
  • Legislative Councils(LC) cannot amend or reject such bills.
  • LC’s can only make recommendations after money bill is passed by the assembly.
  • Assembly can accept or reject the recommendations, in either conditions bill deemed to have been passed.
  • The time limit of 14 days with upper house to return the money bill is the same.
  • There is no provision of joint sitting in case of deadlocks on money bills.

The similarity in case of bills other than money bills is that they can be originated in either of the houses.

Dissimilarities

With regard to bills other than money bills, the position of the Union and the state legislature is dissimilar, i.e. unlike the upper house of Parliament:

  • In case of disagreement between 2 houses of the state legislature, there is no provision of joint sittings to solve this deadlock.
  • The time limit to pass a bill with the council is 3 months. And in case LC does not pass the bill within 3 months, the assembly may again pass the bill with or without any amendment and transmit it to the LC. LC after that get only 1 month to pass the bill. (Explained under legislative procedures).
  • LC’s have no power to reject the bill altogether, the most it can do is to delay a bill for 4 months (3 in case of the first transmission and 1 in case of the second transmission).

Other dissimilarities

Council of Minister is responsible only to the Legislative assembly.

Existence of LC’s depends upon resolution to create or abolish a Legislative Council by an act of Parliament.

Legislative Council – a secondary chamber

  • The utility of Legislative Council
  • The presence of experts in the legislative council facilitates a bill to be studied more effectively.
  • The legislative council can delay the legislative procedures thereby giving more time to study and analyze the bill.

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admin
By admin July 20, 2019 17:08