Legislative procedure in a state legislature generally follows a structured process involving several stages from the introduction of a bill to its passage and enactment into law. In the unicameral legislature, a bill need to be passed by Legislative Assembly but in case of bicameral legislature, bill is passed by both Houses however the ultimate power of passing a bill is vested in the assembly. The UPSC Indian Polity and Governance Syllabus includes Legislative Procedure in State Legislature which is described in this article.

A bill is a formal written proposal presented to a legislature for its consideration and enactment into law. It is essentially a draft law that outlines the proposed changes or additions to existing laws or the introduction of new laws.

Ordinary Bills

• An ordinary bill can be introduced in either House of the State Legislature. It should be passed by both the Houses to become a law. In case of unicameral legislature , a bill passed by the legislative assembly is sent directly to the Governor for his assent.
• In any House, the bill passes through three stages in the originating House, viz,

1. First reading
2. Second reading
3. Third reading

• When a bill is passed by originating House , it is transmitted to the second House for consideration.
• A bill is considered as passed if passed by both the houses either with or without amendments.
• When a bill passed by the legislative assembly is transmitted to the legislative council, the latter has four alternatives before it:

1. It may pass the bill as sent by assembly (ie.without amendments)
2. It may pass the bill with amendments
3. It may rejects the bill altogether
4. It may not take any action and thus keep the bill pending.

• If the assembly rejects the amendments suggested by a council or the council rejects the bill altogether or the council does not take any actions for three months, then the assembly may pass the bill again and transmit to the council.
• If the council rejects the bill again or pass the bill with amendments nor acceptable to the assembly or does not pass the bill within one month, 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.
• It implies that the ultimate power of passing the billis vested in the assembly. At most the council can delay the bill for a period of four months most,three months in the first instance and one in the second instance.
• There is no provision of a joint sitting of the both Houses for resolving a deadlock unlike the Parliament.

Assent by the Governor

• When a bill is sent to the governor for assent after its passage by state legislature, he can:
  • Give his assent
  • Withhold his assent
  • Return the bill
  • Reserve the bill for the President’s consideration in certain conditions.
• When he return the bill for the consideration of the House or Houses. If the bill is passed again with or without amendments and presented to governor for asent,the governor must give his assent to the bill. It means governor enjoys only suspensive veto.
• In case of money bill, he can not return money bill for the reconsideration of the state legislature. But he can reserved the bill for the President's consideration.

Assent of the President

• When the Governor reserves a bill for the President's consideration, President has three options
  • Give his assent
  • Withhold his assent
  • Return the bill
• When the President gives his assent to the bill, it becomes an Act. This means that the Governor's approval is no longer required.
• A returned bill has to be considered by House or Houses within a period of six months.
• Even if the bill is passed by the House or Houses of the state legislature again with or without amendment, it is not obligatory for the President to give his/her assent to such bill.

Money Bill

• Article 199 of the Constitution defines money bill
• Money Bill can not be introduced in the Legislative Council.
• If any question arises whether a Bill is Money Bill or not, the decision of the Speaker of the Legislative Assembly shall be final.
• It can only be introduced on the Governor's recommendations
• It can only be proposed by a minister and not by a private member.
• The Legislative Council cannot reject it or amend it. Within 14 days, it should be returned to the Legislative Assembly, either with or without recommendations.

Comparison Between Legislative Procedure In Parliament And State Legislature

Conclusion

Legislative procedure of the state legislature embodies the principles of democracy, transparency, and accountability. By adhering to this structured process, lawmakers uphold the integrity of governance and contribute to the well-being of the communities they serve.

FAQs

MCQs

1. What power does the Legislative Council hold regarding an ordinary bill?

A) Can veto the bill permanently
B) Can delay the bill for a maximum of four months
C) Can amend the bill beyond four months
D) Can introduce the bill

2. What is the maximum time the Legislative Council can delay a Money Bill?

A) 30 days
B) 14 days
C) 60 days
D) 90 days

3. Which authority decides whether a bill is a Money Bill?

A) Legislative Council
B) Governor
C) Legislative Assembly Speaker
D) Chief Minister

4. What is the significance of the Governor's suspensive veto?

A) The Governor can reject the bill permanently
B) The Governor can return a bill for reconsideration once
C) The Governor can override the Assembly's decision
D) The Governor has no veto power

5. In which situation can the Governor reserve a bill for the President?

A) When it conflicts with Union laws
B) For all bills
C) For Money Bills only
D) When the Legislative Council rejects it

GS Mains Questions and Model Answers

Q1: Compare the legislative process in a unicameral and bicameral state legislature. How does it reflect federalism in India?

Answer: In a unicameral legislature, a bill passes through the Legislative Assembly and is sent to the Governor for assent. In bicameral legislatures, a bill must pass both the Legislative Assembly and Legislative Council. This dual structure reflects federalism by allowing more state-specific legislative scrutiny, but ultimately, the Assembly holds more power, as no joint sitting is possible.

Q2: Explain the role of the Governor in the legislative procedure of state bills. What powers do they hold, and how do these impact state autonomy?

Answer: The Governor holds key powers such as giving assent, withholding assent, or returning a bill for reconsideration. They also have the power to reserve certain bills for the President. This influences state autonomy, particularly in cases where the Governor, acting under central directives, can delay or halt state legislation.

Q3: How does the procedure of passing a Money Bill in state legislatures limit the powers of the Legislative Council?

Answer: In bicameral legislatures, the Legislative Council has limited powers over Money Bills. The Council cannot amend or reject a Money Bill but can offer recommendations. The Assembly can choose to accept or reject these suggestions, and the Council must return the bill within 14 days, limiting its influence.

Previous Year Questions on Legislative Procedure

1. UPSC CSE Prelims 2021:

Question: Which of the following can the Governor NOT do when presented with a state bill?

A) Withhold assent
B) Return it for reconsideration
C) Reserve it for the President
D) Veto a Money Bill

Answer: (D)

Explanation: The Governor cannot veto a Money Bill. They must give assent or reserve the bill for the President’s consideration but cannot reject it outright.

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