Difference in legislative procedure in Parliament and State Legislature
Q. Which of the following is/are true?
1) Deadlock occurs when a bill passed by Legislative Council is rejected by the assembly.
2) Joint sitting of two houses of Parliament is used to resolve the situation of deadlock.- Published on 07 Mar 17
a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Only 2
- The legislative procedure for passing ordinary bill is similar in parliament as well as the State Legislature.
- However there are some differences between them.
In Parliament - A deadlock between the two Houses takes place when the second House, after receiving a bill passed by the first House, rejects the bill or proposes amendments that are not acceptable to the first House or does not pass the bill within six months.
In State Legislature - A deadlock between the two Houses takes place when the legislative council, after receiving a bill passed by the legislative assembly, rejects the bill or proposes amendments that are not acceptable to the legislative assembly or does not pass the bill within three months.
In Parliament - Joint sitting of two houses of Parliament is used to resolve the situation of deadlock between the two houses.
In State Legislature - There is no provision for joint sitting of the two houses in state legislature.
In Parliament - The Lok Sabha cannot override the Rajya Sabha by passing the bill for the second time and vice versa. A joint sitting is the only way to resolve a deadlock.
In State Legislature - The legislative assembly can override the legislative council by passing the bill for the second time and not vice versa.
- When a bill is passed by the assembly for the second time and transmitted to the Legislative Council, if the legislative council rejects the bill again, or proposes amendments that are not acceptable to the Legislative 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 Legislative Assembly for the second time.
In Parliament - Joint sitting can be used for bills originating in Rajya Sabha or Lok Sabha. If a joint sitting is not summoned by the President, the bill becomes dead.
In State Legislature - Mechanism to resolve a deadlock i.e. passing the bill second time by the assembly applies only for the bills originating in the assembly.
- Thus deadlock occurs only when the bill passed by assembly is rejected by the council and not vice-versa as assembly has overriding powers.
- When bills originating in legislative council are rejected by assembly, the bills end and become dead.