India has a parliamentary system of government with a bicameral system of legislatures both at the centre and in some states. The Parliament comprises the House of the People (Lok Sabha), the Council of States (Rajya Sabha) and the Indian President. The primary function of Parliament and State Legislature is law-making. Article 79 to 122 in Part V of the Constitution deals with the Parliament and Articles 168 to 212 in Part VI of the Constitution deals with the State Legislature. The UPSC Indian Polity and Governance Syllabus includes Comparison Between Legislative Procedure in the Parliament and State Legislature which is described in this article.

Legislative Procedure: Meaning

• The Legislative Procedure is identical in both the Houses of Parliament. A bill is proposed for legislation and it becomes an act or law when duly enacted.
• Bills may be classified under four heads viz Ordinary, Money, Financial and Constitutional Amendment Bills.
• The Legislative Procedure of government bills and private members Bills is the same. Money Bill and Finance Bills cannot be introduced in the Rajya Sabha (Article 109). They can be introduced only in Lok Sabha. It means they cannot be introduced as Private Members’ Bills. The other bills can be introduced in either house.

Constitutional Provisions Regarding Legislative Procedure In Parliament And State Legislature

• Article 107 to 122 of the Constitution deals with the legislative procedure with reference to passing of the Bills in the Parliament.
• Article 196 of the Indian Constitution tells us about the provisions of the introduction and passing of the Bill.
• Exception: The procedure of passage of Money Bill and the Financial Bill are given in Article 198 and 207.
• The other bills can be introduced in either House of the legislature.

Stages of Passing of Bills

• There are different stages in the legislative procedure in Parliament relating to Bills other than Money Bills are as follows:

Special Provisions in case of Money Bill and Finance Bill

Money Bill Under Article 110 of the Indian Constitution, a bill is deemed to be a Money Bill if it exclusively deals with any or all of the following matters:

• The imposition, abolition, remission, alteration, or regulation of any tax;
• The regulation of the borrowing of money by the Government of India;
• The custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such fund;
• The appropriation of moneys out of the Consolidated Fund of India;
• The declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;
• The receipt of withdrawal or the custody of public account of India or the audit of the accounts of the Union or of a State;
• Any matter incidental to any of the matters specified above.
• If any question arises whether a Bill is a money Bill or not, the decision of the Speaker of Lok Sabha is final. His decision in this respect cannot be questioned in a Court of law, or by either House of Parliament or by the President.
• The Money Bill cannot be introduced without the recommendation of the President. The President’s recommendation is necessary for the introduction in the Lok Sabha, it is transmitted to the Rajya Sabha with the endorsement of the Speaker that it is a Money Bill, for its recommendation.
• The Rajya Sabha cannot reject or amend a Money Bill by virtue of its own powers. He has only a recommendatory role.
• After receiving the Bill from the Lok Sabha, the Rajya Sabha within a period of 14 days must return the Bill to the Lok Sabha with or without any recommendation. Lok Sabha is not bound to accept the recommendation given by the Rajya Sabha.
• If the Money Bill is passed by the Lok Sabha with or without accepting the recommendation of Rajya Sabha, the Money Bill shall be deemed to have been passed by both Houses, then the Speaker is presented it to the President for his assent.
• The President cannot send a Money Bill for reconsideration of Parliament; he shall give his assent to the Money Bill.

Finance Bill

• Finance Bill, apart from containing any or all the matters enumerated under Article 110, includes other matters as well. These are dealt within Article 117 of the Constitution. Financial Bills which do not receive the Speaker’s certificate are of two classes:
• A Bill which contains any of the matters specified in Article 110 but does not consist solely of those matters, for example, a Bill which contains a taxation clause, but does not deal solely with Taxation [Article 117(1)].
• Any ordinary Bill which contains provisions involving expenditure from the Consolidated Fund (Article 117(3)).

A Finance Bill is as good as ordinary Bill except that:

• It cannot be introduced without the prior permission of the President.
• It can only be introduced in Lok Sabha.
• The President may also send a Financial Bill for reconsideration of Parliament once.
• Rajya Sabha has the power to reject or amend such a Financial Bill.

Legislative Proposal of State Legislature

• The Legislative procedure in a State having a unicameral legislature is simple. All Bills originate in a single chamber i.e., the Legislative Assembly and when duly passed, are presented to the Governor for his assent.
• But in case of bicameral legislature, the procedure is slightly different from that of the parliament i.e., if the Vidhan Sabha rejects a Bill which originated in Vidhan Parishad, then that is the end of the Bill.
• In case of Money Bills the procedure followed is exactly similar to that of the Parliament. But in case of Financial or ordinary Bill where the Bill is passed by the Vidhan Sabha it is transmitted to the Vidhan Parishad, If the upper House:
  • Reject the Bill outright;
  • Suggests amendment which are not acceptable to the Vidhan Sabha; or
  • Does not act upon the Bill for three months,
• Then the Bill is referred back to the Lower House.
  • If the Vidhan Sabha passes the Bill for the second time then it is retransmitted to Vidhan Parishad and
  • At the expiry of one month period; or
  • The Bill is rejected by the Parishad.
  • The Bill is passed by the Parishad with amendments to which the Vidhan Sabha does not agree:
• Then 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 and is presented to the Governor for his assent.
• The Upper House does not enjoy equal power with the lower House and on its own powers cannot amend a Bill.
• It can only delay the passage of a Bill for a maximum period of four months.
• There is no provision for a joint sitting of the state legislature to resolve a deadlock over the passage of a Bill.
• The two Houses assemble jointly only when the Governors address them together at the commencement of the first session of the year or immediately after a general election to the Vidhan Sabha.

Difference between Legislative Proposal of Parliament and State Legislature

Conclusion

• The Indian Constitution was written with the intention of serving its population with honesty, efficiency, and impartiality.
• The Legislative process of Parliament has wide power as compared to the State Legislature.
• In the State Legislature, the Legislative Councils have only advisory power whereas in Parliament the upper House has equal power as compared to the Lower House except in some circumstances.
• It concludes that parliament has significant power that takes several distinct forms.

FAQs 

Question: What are the main stages of the legislative procedure in the Indian Parliament?

Question: How does a Money Bill differ in its legislative procedure compared to other bills?

Question: What is the role of the State Legislative Council in the legislative procedure of a state?

Question: Can the legislative procedure for an ordinary bill differ between Parliament and state legislatures?

Question: How does the joint sitting mechanism function in the legislative process?

MCQs 

1. Which House can introduce a Money Bill in the Indian Parliament?

A) Lok Sabha

B) Rajya Sabha

C) Both Lok Sabha and Rajya Sabha

D) None of the above

2. Who presides over a joint sitting of the Indian Parliament?

A) President

B) Vice-President

C) Speaker of the Lok Sabha

D) Prime Minister

3. In a bicameral state legislature, which house has greater powers with respect to Money Bills?

A) State Legislative Council

B) State Legislative Assembly

C) Both have equal powers

D) None of the above

4. What is the minimum period that a bill can be pending with the President for assent before it is considered a delay?

A) 15 days

B) 1 month

C) No minimum period specified

D) 6 months

5. What happens if there is a disagreement between the two houses of Parliament on an ordinary bill?

A) The bill is rejected

B) The President decides

C) A joint sitting is called

D) It is automatically passed after 6 months

GS Mains Questions and Model Answers

Q1: Discuss the legislative procedure for passing a bill in the Indian Parliament, highlighting the role of each stage.

Answer: The legislative procedure in the Indian Parliament involves several stages. Initially, a bill is introduced in either House (except Money Bills, which can only be introduced in the Lok Sabha) during the first reading. It is then debated and referred to committees during the second reading, where detailed scrutiny and recommendations are made. In the third reading, the bill is debated and voted on. If passed, it moves to the other House for a similar process. After approval by both Houses, it is presented to the President for assent, becoming law once the assent is granted. The process ensures democratic debate, scrutiny, and consensus-building on legislative proposals.

Q2: Compare and contrast the legislative procedures in Parliament and a bicameral state legislature.

Answer: Both the Indian Parliament and bicameral state legislatures follow similar procedures for passing bills, including stages like introduction, debate, and voting. In Parliament, bills pass through both the Lok Sabha and Rajya Sabha, while in a state legislature, they pass through the Legislative Assembly and Legislative Council (if present). The roles of the President and Governor differ, with the Governor having more discretion in certain states. Money Bills and financial matters originate in the lower house of both legislatures. However, state legislative councils have limited powers, akin to the Rajya Sabha, while legislative assemblies hold greater legislative authority.

Q3: Examine the significance and limitations of the joint sitting mechanism in resolving legislative deadlocks in India.

Answer: The joint sitting mechanism, provided under Article 108 of the Indian Constitution, is a significant tool for resolving deadlocks between the two Houses of Parliament on ordinary bills. It ensures that a bill receives due consideration and prevents legislative impasses from stalling governance. The mechanism is presided over by the Speaker of the Lok Sabha, with decisions taken by a majority vote. However, it has limitations—it cannot be invoked for Money Bills or Constitutional Amendment Bills. Additionally, the dominance of the Lok Sabha, due to its larger membership, may overshadow the Rajya Sabha's views during such sessions, affecting the spirit of bicameralism.

Previous Year Questions on Legislative Procedure

1. UPSC CSE - 2020

Question: "Discuss the procedure for the passage of a Money Bill in the Indian Parliament."

Answer: The passage of a Money Bill in the Indian Parliament is governed by special provisions. It can only be introduced in the Lok Sabha on the recommendation of the President. Once passed by the Lok Sabha, it is sent to the Rajya Sabha, which cannot amend or reject the bill but may recommend changes. The Lok Sabha may accept or reject these recommendations. If accepted, the bill is sent to the President for assent. This procedure highlights the supremacy of the Lok Sabha in financial matters and ensures swift decision-making on fiscal issues.

2. UPSC CSE - 2019

Question: "Explain the legislative procedure for the passage of an ordinary bill in a bicameral legislature."

Answer: In a bicameral legislature, an ordinary bill can be introduced in either House. It undergoes three readings: introduction, detailed discussion and consideration, and final voting. If passed, it moves to the other House, which follows a similar process. If both Houses pass the bill, it is sent to the President or Governor (in states) for assent. In case of a disagreement, a joint sitting may be called at the central level. The process allows for extensive debate, scrutiny, and the incorporation of diverse perspectives, ensuring democratic law-making.