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Money Bills in State Legislature – Indian Polity Notes

Money Bill is defined in Article 110 of the Indian Constitution which is concerned with financial matters like taxation, public expenditure, etc. The bill is vital for Indian polity and governance since it touches on a number of critical areas, including the Aadhar Bill and the Insolvency and Bankruptcy Bill. The Constitution lays down a special procedure for the passing of Money Bills in the state legislature. This article explains, Money Bills in the state legislature is important for UPSC IAS exam preparation.

Money Bill in India

What Is A Money Bill In India?

Article 110 of the Indian Constitution deals with the money bill in India. There are just a few provisions that allow a law to be considered a money bill which are as follows:

  • Imposition, abolition, remission, alteration, or regulation of any tax;
  • Regulation of the borrowing of money by the Union government;
  • Custody of the Consolidated Fund of India or the contingency fund of India, the payment of money into or the withdrawal of money from any such fund;
  • Appropriation of money out of the Consolidated Fund of India;
  • Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure;
  • Receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money, or the audit of the accounts of the Union or of a state; or
  • Any matter incidental to any of the matters specified above.
Money Bill in State legislative

Money Bill In State Legislative

Money bill is passed in State Legislature in the following ways:

  • A Money Bill cannot be introduced in the legislative council. It can be introduced in the legislative assembly only and that too on the recommendation of the governor.
  • Every such bill is considered to be a government bill and can be introduced only by a minister.

Passing of the Money bill

  • After the legislative assembly passes a Money Bill, it is sent to the legislative council for consideration.
  • In the case of a Money Bill, the legislative council has limited authority. A Money Bill cannot be rejected or amended.
  • It can simply provide suggestions and has 14 days to return the measure to the legislative assembly. The legislative assembly can approve or reject all or some of the legislative council's recommendations.
  • If the legislative assembly adopts any proposal, the law is said to have been enacted in modified form by both Houses. If the legislative assembly rejects any suggestion, the law is regarded to have been accepted by both Houses in the form originally passed by the legislative assembly, with no changes.

Role of Legislative council

  • If the legislative council does not return the measure to the legislative assembly within 14 days, it is presumed to have been enacted by both Houses at the end of that time in the form that the legislative assembly originally passed it in.
  • In terms of a money bill, the legislative assembly has more authority than the legislative council.
  • A money measure can only be detained or delayed for 14 days by the legislative council.

Assent of Governor

  • Finally, when a Money Bill is delivered to the governor, he may grant his assent, withhold his approval, or reserve the bill for presidential assent, but he cannot return the bill to the state assembly for reconsideration. Normally, the governor signs a money bill as soon as it is introduced in the state legislature with his authorization.
  • When a money bill is held for the President's consideration, the president may either give or withhold his assent to the bill, but he cannot return the bill to the state legislature for reconsideration.
Comparing the Procedure of Money bill in the State Legislature and Parliament

Comparing the Procedure of Money bill in the State Legislature and Parliament

Money bill in state legislature

Money bill Parliament

It can only be introduced in the legislative assembly, not the legislative council.

It can be introduced only in the Lok Sabha and not in the Rajya Sabha.

It can be introduced only on the recommendation of the governor.

It can be introduced only on the recommendation of the president.

It may only be introduced by a minister, not by a private member.

It can only be presented by a minister, not by a private member.

The legislative council cannot reject or amend it. It should be returned to the legislative assembly within 14 days, whether amended or not.

The Rajya Sabha cannot reject or amend it. The bill shall be returned to the Lok Sabha within 14 days, with or without recommendations.

The legislative assembly can approve or reject all or some of the legislative council's recommendations.

The Lok Sabha can accept or reject all or any of the Rajya Sabha's recommendations.

The Constitution makes no provision for resolving any deadlock between the two Houses.

The Constitution makes no provision for resolving any deadlock between the two Houses.

Conclusion

Conclusion

As a result, we may deduce that a money bill is a form of financial law that deals with specific financial issues such as taxation, expenditures and credits, consolidated finances, and so on. On the Governor's proposal, a Money Bill can be submitted in the state legislature. Only a Legislative Assembly, not a Legislative Council, may introduce a Money Bill.

FAQs

Q1: What is a Money Bill in the state legislature?

Answer: A Money Bill deals with financial matters like taxation, borrowing, and expenditure. It can only be introduced in the legislative assembly.

Q2: Who decides if a bill is a Money Bill?

Answer: The Speaker of the legislative assembly holds the final authority to certify a bill as a Money Bill.

Q3: Can the legislative council amend a Money Bill?

Answer: No, the council can only make recommendations which the assembly may accept or reject.

Q4: What is the time limit for the council to review a Money Bill?

Answer: The legislative council must return the bill within 14 days, failing which it is considered passed.

Q5: What happens if a Money Bill is rejected by the legislative council?

Answer: The bill is deemed to have been passed by the state legislature, as the legislative assembly has overriding authority.

MCQs

  1. In which house of the state legislature can a Money Bill be introduced?

a) Legislative Council

b) Either house

c) Legislative Assembly only

d) Parliament only

Answer: (C) See the Explanation

A Money Bill can only originate in the legislative assembly of the state legislature.
  1. Who certifies a bill as a Money Bill in the state legislature?

a) Governor

b) Chief Minister

c) Speaker of the legislative assembly

d) Chairman of the legislative council

Answer: (C) See the Explanation

The Speaker’s decision regarding the classification of a Money Bill is final.
  1. What is the maximum period the legislative council can hold a Money Bill?

a) 30 days

b) 14 days

c) 21 days

d) 60 days

Answer: (B) See the Explanation

If the legislative council does not return the Money Bill within 14 days, it is deemed to be passed.
  1. Can the state legislative council amend a Money Bill?

a) Yes, with the governor’s approval

b) Yes, but subject to the assembly’s approval

c) No, only recommendations can be made

d) Yes, without restrictions

Answer: (C) See the Explanation

The legislative council has limited authority; it can only recommend changes.
  1. What happens if the legislative council rejects a Money Bill?

a) The bill lapses

b) The bill returns to the governor

c) The bill is deemed passed

d) The assembly must reintroduce the bill

Answer: (C) See the Explanation

Rejection by the council does not affect the passage of the Money Bill; the assembly’s decision is final.

GS Mains Questions and Model Answers

Q1: Explain the significance of the Money Bill procedure in the state legislature.

Answer: The Money Bill procedure ensures efficient handling of financial matters by giving the legislative assembly supremacy in financial legislation. It limits the role of the legislative council, ensuring swift decision-making. This framework reflects the need for timely financial governance, balancing democratic participation with legislative efficiency.

Q2: Discuss the role of the legislative council in the passage of a Money Bill.

Answer: The legislative council plays a limited role in the Money Bill process. While it can make recommendations within 14 days, the assembly is not bound to accept them. This structure aims to prevent delays in financial legislation while maintaining a consultative mechanism.

Q3: Analyze the importance of the Speaker’s authority in the classification of Money Bills.

Answer: The Speaker’s authority to classify a bill as a Money Bill ensures clarity in legislative procedures. This power reduces potential disputes between the assembly and council, promoting smooth governance. However, it also places significant responsibility on the Speaker to act impartially.

Previous Year Questions on Money Bill in State Legislature

1. UPSC CSE 2017

Question: "What is the role of the legislative council in financial matters?"

Answer: In financial matters, especially with Money Bills, the legislative council plays an advisory role. It can recommend changes but cannot amend or reject the bill. The assembly can accept or disregard the recommendations, and the bill is deemed passed if the council fails to act within 14 days. This framework ensures that financial decisions are not delayed, reflecting the primacy of the directly elected assembly over the indirectly elected council.

2. UPSC CSE 2019

Question: "Why is the Speaker’s certification of Money Bills significant?"

Answer: The Speaker's certification as a Money Bill ensures procedural clarity and prevents delays in financial governance. It minimizes conflicts between the two houses of the state legislature by providing finality on the bill’s classification. However, this authority has also raised concerns over potential misuse, underscoring the need for impartiality in the Speaker’s decisions. The structure exemplifies the balance between expediency and accountability in legislative functioning.

*The article might have information for the previous academic years, please refer the official website of the exam.
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