How is bill passed in State Legislature?
Q. Which statements are true regarding passage of bill in the State Legislature?
1) There is no provision for joint sitting in case of State Legislatures.
2) Council can delay the passage of bill for a maximum period of 4 months.
3) If President returns a bill for reconsideration to the state legislature, then the reconsidered bill is sent first to the governor and then the President for final approval.
4) It is not obligatory for the President to give assent to the reconsidered bill which was sent by him/her for reconsideration.- Published on 07 Mar 17
a. 1, 3
b. 1, 2, 4
c. 2, 3
d. 1, 4
ANSWER: 1, 2, 4
- Every ordinary bill passes through following stages in the state legislature before it becomes an Act.
Bill in the first house or originating house -
- An ordinary bill can originate in either House of the State Legislature and can be introduced either by a minister or by any other member.
In the originating House, the bill passes through 3 stages -
- First reading, second reading and third reading.
- After the bill is passed by the first House, it is sent to the second House for consideration and passage.
- Only when both houses agree and pass the bill with or without amendments, a bill is deemed to have been passed by the State Legislature.
- In unicameral legislature, a bill passed by the Legislative Assembly is sent directly to the Governor for his assent.
Bill in the Second House -
- In the second House also, the bill passes through all those three stages.
When a bill is passed by the Legislative Assembly and transmitted to the legislative council, the council may -
(a) pass the bill as sent by the assembly (i.e., without amendments); or
(b) pass the bill with amendments and return it to the assembly for reconsideration; or
(c) reject the bill altogether; or
(d) not take any action i.e., keep the bill pending.
- If the council passes the bill without amendments or the assembly accepts the amendments suggested by the council, the bill is deemed to have been passed by both the Houses and the same is sent to the Governor for his assent.
- On the other hand, if the assembly rejects the amendments suggested by the council or the council rejects the bill altogether or the council does not take any action for three months, then the assembly may pass the bill again and transmit the same to the council.
- If the council rejects the bill again or passes the bill with amendments not 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.
- Thus, the final power of passing an ordinary bill is vested in the assembly.
- The council can detain or delay the bill for a period of maximum four months - three months in the first instance and one month in the second instance.
- The Constitution does not provide for the mechanism of joint sitting of both the Houses to resolve the disagreement between the two Houses over a bill.
- Moreover, when a bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, the bill ends and becomes dead.
- The council has been given much lesser significance, position and authority than that of the Rajya Sabha at the Centre.
- Assent of the Governor - Every bill, after it is passed by the assembly or by both the Houses in case of a bicameral legislature, is presented to the Governor for his assent.
There are four choices for the governor -
(a) he may give his assent to the bill;
(b) he may withhold his assent to the bill;
(c) he may return the bill for reconsideration of the House or Houses; and
(d) he may reserve the bill for the consideration of the President.
- If the Governor gives his assent to the bill, the bill becomes an Act and is placed on the Statute Book.
- If the Governor withholds his assent to the bill, the bill ends and does not become an Act.
- If the Governor returns the bill for reconsideration and if the bill is passed by the House or both the Houses again, with or without amendments, the governor must give his assent to the bill.
- The governor enjoys only a suspensive veto.
Assent of the President - When a bill is reserved by the governor for the consideration of the President, the President may -
(a) either give his assent to the bill; or
(b) withhold his assent to the bill; or
(c) return the bill for reconsideration of the House or Houses of the state legislature.
- When a bill is so returned, the House or Houses have to reconsider it within a period of six months.
- The bill is presented again to the presidential assent after it is passed by the House or Houses with or without amendments.
- It is not mentioned in the Constitution whether it is obligatory on the part of the President to give his assent to such a bill or not.
- When a money bill is reserved for consideration of the President, the President may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for re-consideration of the State Legislature.