Legislative Procedure in the State Legislature

The legislative process in a state works broadly like that of Parliament, except for some minor variations.

In states with unicameral legislatures, the process is simpler (only Assembly involved).
In bicameral legislatures, the process goes through both Houses — the Legislative Assembly and the Legislative Council.

We’ll study the procedure for:

1. Ordinary Bills
2. Money Bills
3. Bills reserved for the President’s consideration

1. Ordinary Bills

🏁 Step 1: Introduction — Bill in the Originating House

• An Ordinary Bill can be introduced in either House (Assembly or Council) in states having a bicameral system.
• It can be introduced by any member — either a Minister (government bill) or a private member (private member’s bill).

🔹 The Three Readings

The bill passes through three stages (readings) in the originating House:

1. First Reading:
   → Introduction and general discussion. No detailed debate.
2. Second Reading:
   → Clause-by-clause consideration, possible amendments, detailed scrutiny.
3. Third Reading:
   → Final discussion and voting on the entire bill.

Once passed, it is sent to the Second House.

🏛️ Step 2: Bill in the Second House

Now, when the bill reaches the other House, it too goes through the same three readings.

Let’s assume it originated in the Legislative Assembly and now goes to the Legislative Council.
The Council has four options before it:

Option	Effect
1️⃣ Pass the Bill as it is	Bill is deemed passed by both Houses → sent to Governor.
2️⃣ Pass it with Amendments	Sent back to Assembly for reconsideration.
3️⃣ Reject the Bill altogether	Assembly can re-pass it after three months.
4️⃣ Take no action for three months	Treated as delay; Assembly can re-pass it.

Now, what happens after that?

If the Assembly re-passes the Bill (with or without amendments) and sends it again, and the Council again either rejects it, amends it further, or delays it beyond one month,
→ then the Bill is deemed to have been passed by both Houses in the form approved by the Assembly.

So effectively, the Assembly has the final say.

🕐 Time Limits on the Council

• The Council can delay a Bill for a maximum of 4 months:
  → 3 months the first time, + 1 month the second time.
• After that, the Bill automatically passes in the form approved by the Assembly.

This shows that the Legislative Council has only a delaying role, not an equal role like the Rajya Sabha at the Centre.

🔸 Note: There is no provision for a joint sitting at the state level, unlike Parliament (Article 108).

💡 If the Bill Originates in the Council

If the Council passes a Bill and sends it to the Assembly —
and the Assembly rejects it, the Bill ends there.

It becomes a “dead Bill.”
Hence, the Council has less authority than the Rajya Sabha, whose Bills can still go to a joint sitting at the Centre.

🖋️ Step 3: Assent of the Governor

Once both Houses (or only the Assembly in unicameral states) pass the Bill, it goes to the Governor.

The Governor has four options:

Governor’s Action	Effect
1️⃣ Gives Assent	Bill becomes an Act (law).
2️⃣ Withholds Assent	Bill dies — it does not become law.
3️⃣ Returns Bill for Reconsideration	If passed again (with or without changes), the Governor must give assent → i.e., only suspensive veto.
4️⃣ Reserves Bill for President’s Consideration	Sent to the President for final decision.

Thus, the Governor’s veto powers are limited (suspensive), not absolute.

📘 Same situation exists at the Centre with the President and Parliament.

🏛️ Step 4: Assent of the President (when Reserved)

If the Bill is reserved for the President’s consideration, then the President may:

1. Give assent → Bill becomes law.
2. Withhold assent → Bill dies.
3. Return it for reconsideration by the State Legislature.

If returned, the State Legislature must reconsider it within 6 months, and if passed again (with or without changes), it goes back to the President.

However, the Constitution does not specify whether the President is bound to give assent the second time — it is discretionary.

2. Money Bills

Money Bills are treated differently — because they deal directly with the financial resources of the State.

⚖️ Key Features (Article 198–200)

Aspect	Money Bill (State)
Definition	A Bill dealing only with matters listed in Article 199 — e.g. taxes, loans, expenditure, etc.
Introduction	Only in the Legislative Assembly, not in the Council.
Who can introduce?	Only a Minister, and only with the prior recommendation of the Governor.
Council’s role	Advisory — can only make recommendations within 14 days.
Assembly’s role	Final authority — can accept or reject recommendations.
Governor’s role	Can assent, withhold assent, or reserve for President — but cannot return it for reconsideration.

⚙️ Legislative Process for a Money Bill

1. Introduced in the Legislative Assembly with Governor’s prior recommendation.
2. Passed by the Assembly.
3. Sent to the Legislative Council — which has no power to amend or reject it.
   • Must return within 14 days with or without recommendations.
   • If not returned within 14 days → deemed passed automatically.
4. Assembly may accept or reject Council’s recommendations.
5. Sent to the Governor for assent.

💡 Governor and President’s Role

• Governor may:
  • Give assent,
  • Withhold assent, or
  • Reserve for President’s consideration.

But cannot return it for reconsideration.

• President, if the Bill is reserved:
  • May give or withhold assent,
  • But cannot return it either.

Thus, both Council and Governor have limited roles in Money Bills.
The Assembly is supreme.

3. Bills Reserved for the President’s Consideration

Sometimes, the Governor must or may reserve a Bill for the President’s approval before it becomes law.
The Sarkaria Commission (1983–88) classified such Bills into three categories 👇

CATEGORY 1️⃣ – Bills that Must be Reserved

(Compulsory Reservation)

These are Bills which mandatorily require Presidential consideration:

1. Bills that derogate from the powers of the High Court, endangering its constitutional position (Article 200).
2. Bills relating to taxation on water or electricity affecting inter-state interests (Article 288).
3. Bills that attract Article 360 during a Financial Emergency.

CATEGORY 2️⃣ – Bills that May be Reserved

(Optional Reservation for Specific Purposes)

These are Bills that can be reserved to secure certain constitutional protections:

1. Bills seeking immunity from Articles 14 and 19, e.g.:
   • Bills for acquisition of estates (Article 31A),
   • Bills giving effect to Directive Principles (Article 31C).
2. Bills relating to subjects in the Concurrent List —
   when the State wants to make a law inconsistent with a Central law (Article 254).
   → The President’s assent gives it precedence in that State.
3. Bills restricting trade and commerce that require prior Presidential sanction (Article 304).

CATEGORY 3️⃣ – Bills Reserved by Governor’s Discretion

Even if a Bill doesn’t fall under the above categories,
the Governor may still reserve it under Article 200, if he/she believes it requires the President’s examination.

This discretion acts as a constitutional safety valve in Centre–State relations.

🧠 Comparative Snapshot (Assembly vs Council)

Aspect	Ordinary Bill	Money Bill
Can be introduced in Council?	Yes	❌ No
Governor’s Recommendation needed?	❌ Not required	✅ Required
Council’s Power	Delay up to 4 months	Delay up to 14 days only
Final Authority	Legislative Assembly	Legislative Assembly
Joint Sitting	❌ No provision	❌ No provision
Governor’s Power	Assent / Withhold / Return / Reserve	Assent / Withhold / Reserve only
President’s Power (if reserved)	May Assent / Withhold / Return	May Assent / Withhold only

⚖️ Legislative Procedure Compared

(Parliament vs. State Legislature)

To understand the relationship between the Centre and States, and how law-making works at both levels, it’s important to see that the basic structure is similar,
but the details and powers differ — mainly because the Legislative Council (Vidhan Parishad) is weaker than the Rajya Sabha.

Let’s study this comparison in two parts 👇
1️⃣ With regard to Ordinary Bills
2️⃣ With regard to Money Bills

A. COMPARISON WITH REGARD TO ORDINARY BILLS

Aspect	Parliament (Centre)	State Legislature
1. Origin of Bill	An Ordinary Bill can be introduced in either House — Lok Sabha or Rajya Sabha.	An Ordinary Bill can be introduced in either House — Legislative Assembly or Legislative Council.
2. Who can introduce?	Any minister or private member.	Any minister or private member.
3. Stages of Passage	Passes through three readings in the originating House — first, second, and third.	Same three readings — first, second, and third.
4. Agreement of Houses	A Bill is deemed passed only when both Houses agree (with or without amendments).	Same — deemed passed when both Houses agree (with or without amendments).
5. When does a deadlock arise?	When the second House (say, Rajya Sabha) — (a) rejects the Bill, or (b) proposes unacceptable amendments, or (c) does not pass it within six months.	When the Legislative Council — (a) rejects the Bill, or (b) proposes unacceptable amendments, or (c) does not pass it within three months.
6. Mechanism to resolve a deadlock	Constitution provides for a joint sitting of both Houses (Article 108) — summoned by the President.	❌ No joint sitting provision. Constitution is silent here.
7. How deadlock is resolved	The Lok Sabha cannot simply override the Rajya Sabha; only a joint sitting can decide.	The Legislative Assembly can override the Legislative Council by passing the Bill again after three months.
8. Process of overriding	If a joint sitting is not held, the Bill dies.	If the Assembly re-passes the Bill and the Council again rejects it or delays it beyond one month, the Bill is deemed passed in the form approved by the Assembly.
9. Originating House rule	Applies whether the Bill originates in Lok Sabha or Rajya Sabha.	The “second passage rule” applies only to Bills originating in the Assembly. If a Bill originates in the Council and is rejected by the Assembly, it dies immediately.

🧠 Interpretation:

In simple terms:

• At the Centre, both Houses are almost equal in ordinary law-making, but Lok Sabha’s will prevails through joint sitting.
• In the State, the Legislative Council is subordinate to the Legislative Assembly; the Assembly can override the Council directly.

This makes the Council a delaying House, not a balancing House like the Rajya Sabha.

B. COMPARISON WITH REGARD TO MONEY BILLS

Now let’s compare how Money Bills — those dealing with taxation, expenditure, and finance — are treated.

Aspect	Parliament (Centre)	State Legislature
1. Introduction	Only in Lok Sabha, not in Rajya Sabha.	Only in Legislative Assembly, not in Council.
2. Prior Recommendation	Requires President’s recommendation.	Requires Governor’s recommendation.
3. Who can introduce?	Only a Minister — never a private member.	Only a Minister — never a private member.
4. Role of the Upper House (Rajya Sabha/Council)	Cannot reject or amend the Bill. Can only recommend changes and must return it within 14 days.	Same — cannot reject or amend; can only recommend changes and must return it within 14 days.
5. Lower House’s (Lok Sabha/Assembly) power	Can accept or reject any or all of Rajya Sabha’s recommendations.	Can accept or reject any or all of Council’s recommendations.
6. If recommendations accepted	Bill is deemed passed in modified form.	Bill is deemed passed in modified form.
7. If recommendations rejected	Bill deemed passed in original Lok Sabha form.	Bill deemed passed in original Assembly form.
8. If Upper House delays beyond 14 days	Bill is automatically deemed passed in the form originally passed by Lok Sabha.	Same — automatically deemed passed in form passed by Assembly.
9. Deadlock resolution	No joint sitting — because the will of Lok Sabha is made to prevail.	No joint sitting — because the will of the Legislative Assembly prevails.

🧭 Conceptual Understanding

At both levels —

• The Lower House (Lok Sabha / Legislative Assembly) represents the people directly and holds financial supremacy.
• The Upper House (Rajya Sabha / Legislative Council) acts as a reviewing body, not an equal partner.

In other words:

In financial matters, democracy means “the people’s House prevails.”

That’s why, both at the Centre and in the States, the Lower House dominates the budget and financial legislation process.

🧠 Concept Summary

“The Constitution-makers trusted the directly elected House more than the indirectly elected one — both at the Centre and in the States.
That’s why, while the Rajya Sabha has dignity, and the Legislative Council has decency, the real supremacy in a democracy always rests with the people — represented through the Lok Sabha and the Vidhan Sabha.”