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Money Bills
The Constitution lays down a special procedure for the passing of Money Bills in the state legislature. This is as follows:
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.
After a Money Bill is passed by the legislative assembly, it is transmitted to the legislative council for its consideration. The legislative council has restricted powers with regard to a Money Bill. It cannot reject or amend a Money Bill. It can only make recommendations and must return the bill to the legislative assembly within 14 days. The legislative assembly can either accept or reject all or any of the recommendations of the legislative council.
If the legislative assembly accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form. If the legislative assembly does not accept any recommendation, the bill is then deemed to have been passed by both the Houses in the form originally passed by the legislative assembly without any change.
If the legislative council does not return the bill to the legislative assembly within 14 days, the bill is deemed to have been passed by both Houses at the expiry of the said period in the form originally passed by the legislative assembly. Thus, the legislative assembly has more powers than legislative council with regard to a money bill. At the most, the legislative council can detain or delay a money bill for a period of 14 days.
Finally, when a Money Bill is presented to the governor, he may either give his assent, withhold his assent or reserve the bill for presidential assent but cannot return the bill for reconsideration of the state legislature. Normally, the governor gives his assent to a money bill as it is introduced in the state legislature with his prior permission.
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 reconsideration of the state legislature.
Table 33.1 Comparing Legislative Procedure in the Parliament and State Legislature
Parliament | State Legislature | ||||||
A. With Regard to Ordinary Bills | |||||||
1. It can be introduced in either House of the Parliament. | 1. It can be introduced in either House of the state legislature. | ||||||
2. It can be introduced either by a minister or by a private member. | 2. I t can be introduced either by a minister or by private member. | ||||||
3. It | passes | through | first | 3. It | passes | through | first |
reading, second reading and | reading, second reading and | ||||||
third reading in the originating | third reading in the originating | ||||||
House. | House. | ||||||
4. It is deemed to have been passed by the Parliament only when both the Houses have agreed to it, either with or without amendments. | 4. It is deemed to have been passed by the state legislature only when both the Houses have agreed to it, either with or without amendments. | ||||||
5. 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. | 5. 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. | ||||||
6. The Constitution provides for | 6. The Constitution does not | ||||||
the mechanism of joint sitting | provide for the mechanism of | ||||||
of two Houses of the | joint sitting of two Houses of | ||||||
Parliament to resolve a | the | state | legislature | to | |||
resolve a deadlock between | |||||||
deadlock between them over the passage of a bill.
7. 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 between the two Houses.
8. The mechanism of joint sitting for resolving a deadlock applies to a bill whether originating in the Lok Sabha or the Rajya Sabha. If a joint sitting is not summoned by the president, the bill ends and becomes dead.
them over the passage of a bill.
7. 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.
8. The mechanism of passing the bill for the second time to resolve a deadlock applies to a bill originating in the legislative assembly only. When a bill, which has originated in the legislative council and sent to the legislative assembly, is rejected by the latter, the bill ends and becomes dead.
B. With Regard to Money Bills
1. It can be introduced only in the Lok Sabha and not in the Rajya Sabha.
2. It can be introduced only on the recommendation of the
1. It can be introduced only in the legislative assembly and not in the legislative council.
2. It can be introduced only on the recommendation of the
president. governor.
3. I t can be introduced only by a minister and not by a private member.
4. It cannot be rejected or amended by the Rajya Sabha. It should be returned to the Lok Sabha within 14 days, either with or without recommendations.
5. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha.
6. If the Lok Sabha accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form.
7. If the Lok Sabha does not accept any recommendation, the bill is then deemed to have been passed by both the Houses in the form originally passed by the Lok Sabha without any change.
8. If the Rajya Sabha does not return the bill to the Lok Sabha within 14 days, the bill is deemed to have been passed by both the Houses at the expiration of the said period in the form originally passed by the Lok Sabha.
3. It can be introduced only by a minister and not by a private member.
4. It cannot be rejected or amended by the legislative council. It should be returned to the legislative assembly within 14 days, either with or without amendments.
5. The legislative assembly can either accept or reject all or any of the recommendations of the legislative council.
6. If the legislative assembly accepts any
recommendation, the bill is then deemed to have been passed by both the Houses in the modified form.
7. If the legislative assembly does not accept any recommendation, the bill is then deemed to have been passed by both the Houses in the form originally passed by the legislative assembly without any change.
8. If the legislative council does not return the bill to the legislative assembly within 14 days, the bill is deemed to have been passed by both the Houses at the expiration of the said period in the form originally passed by the legislative assembly.
9. The Constitution does not 9. The Constitution does not
provide for the resolution of any deadlock between the two Houses. This is because, the will of the Lok Sabha is made to prevail over that of the Rajya Sabha, if the latter does not agree to the bill passed by the former.
provide for the resolution of any deadlock between the two Houses. This is because, the will of the legislative assembly is made to prevail over that of legislative council, if the latter does not agree to the bill passed by the former.
The constitutional position of the council (as compared with the assembly) can be studied from two angles:
A. Spheres where council is equal to assembly.
B. Spheres where council is unequal to assembly.