How is legislative council subordinate to legislative assembly?
Q. Which of the following is/are true regarding unequal status between Legislative Council and Legislative Assembly?
1) The final power of passing even an ordinary bill lies with the assembly.
2) When an ordinary bill, originated in the council and sent to the assembly, is rejected by the assembly, the bill ends and becomes dead.- Published on 07 Mar 17
a. Only 1
b. Only 2
c. 2, 3
d. Neither 1 nor 2
ANSWER: 2, 3
The powers and status of the council are unequal to that of the assembly in the below matters -
1. A Money Bill can be introduced only in the assembly and not in the council.
2. The council cannot amend or reject a money bill. It should return the bill to the assembly within 14 days, either with recommendations or without recommendations.
3. The assembly can either accept or reject all or any of the recommendation of the council.
4. In both the cases, the money bill is deemed to have been passed by the two Houses.
5. The final power to decide whether a particular bill is a money bill or not is vested in the Speaker of the assembly.
6. The final power of passing an ordinary bill also lies with the assembly.
7. At the most, the council can detain or delay the bill for the period of four months - three months in the first instance and one month in the second instance.
8. The council is not even a revising body like the Rajya Sabha; it is only a dilatory chamber or an advisory body.
9. The council can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the assembly).
10. The council cannot remove the council of ministers by passing a no-confidence motion.
11. The council of ministers is collectively responsible only to the assembly.
12. But, the council can discus and criticize the policies and activities of the Government.
13. When an ordinary bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, the bill ends and becomes dead.
14. The council does not participate in the election of the President of India and representatives of the state in the Rajya Sabha.
15. The council has no effective say in the ratification of a constitutional Amendment Bill.
16. In this respect also, the will of the assembly prevails over that of the council.
17. Finally, the very existence of the council depends on the will of the assembly.
18. The council can be abolished by the Parliament on the recommendation of the assembly.
- From the above, it is clear that the position of the council vis-a-vis the assembly is much weaker than the position of the Rajya Sabha vis-a-vis the Lok Sabha.
- The council is subordinate to the assembly in all respects.