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Comparison of Legislative Procedure in Parliament and State Legislature in case of ordinary bills:
Parliament | State Legislature | |
1 It can be introduced in either House of It can be introduced in either House of State Parliament. Legislature. | ||
2 It can be introduced either by a minister It can be introduced either by a minister or a or a private member. private member. | ||
3 It passes through first reading, second It passes through first reading, second reading and reading and third reading in the third reading in the originating House. originating House. | ||
4 It is deemed to have been passed by the It is deemed to have been passed by the Parliament Parliament only when both the Houses only when both the Houses have agreed to it, have agreed to it, either with or without either with or without amendments. amendments. | ||
5 A deadlock between the two Houses A deadlock between the two Houses takes place takes place when the second House, when the Legislative Council, after receiving the bill after receiving a bill passed by the first passed by the Legislative Assembly, rejects the bill House, rejects the bill or proposes or proposes amendments that are not acceptable amendments that are not acceptable to to the Legislative Assembly or does not pass the bill the first House or does not pass the bill within 3 months. within 6 months. | ||
6 The Constitution provides for a The Constitution does not provide for the mechanism to resolve the deadlock mechanism of joint sitting of two Houses of the between the two Houses. State Legislature to resolve a deadlock between the over the passage of the bill. | ||
7 The Lok Sabha cannot override the Rajya The Legislative Assembly can override the Sabha by passing the Bill for the second Legislative Council by passing the Bill for second time and vice versa. time (Legislative Council does not have such privilege). When a bill is passed by the assembly for the second time and transmitted to the Legislative Council and it rejects the bill again (or proposes amendments that are 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 Houses. | ||
8 The mechanism of joint sitting in case of The mechanism of passing the bill for the second a deadlock is available irrespective of the time to resolve a deadlock applies to a bill House where the House in which the Bill originating in the Legislative Assembly only. When a originates. bill, which has originated in the Council and sent to the assembly, and is rejected by the latter, the bill ends and becomes dead. |
Comparison of Legislative Procedure in Parliament and State Legislature in case of Money bills
Parliament | State Legislature | |||||||||||
1 | It can be introduced only in the Lok Sabha and not in the Rajya Sabha. | It can be introduced only in the Legislative Assembly. | ||||||||||
2 | It can be introduced only by a minister and not by a private member. | It can be introduced only by a minister and not by a private member. | ||||||||||
3 | It can be introduced only on the prior recommendation of the President. | It can be introduced only on the recommendation of the Governor. | ||||||||||
4 | It cannot be rejected or amended by the | It cannot be amended or rejected by the | ||||||||||
Rajya Sabha. It should be returned to the | Legislative Council. It has to be returned to the | |||||||||||
Lok Sabha within 14 days, either with or | Legislative Assembly within 14 days with or | |||||||||||
without amendments. | without amendments. | |||||||||||
5 | The Lok Sabha can either accept or reject all or any of Rajya Sabha’s recommendations. | The Legislative Assembly can either accept or reject all or any of the Legislative Council’s recommendations. | ||||||||||
6 | If | the | Lok | Sabha | accepts | any | If | the | Legislative | Assembly | accepts | any |
recommendation, then the bill is | recommendation, then the bill is deemed to | |||||||||||
deemed to have been passed in the | have been passed in the modified form. | |||||||||||
modified form. | ||||||||||||
7 | If the Lok Sabha does not accept any | If the Legislative Assembly does not accept any | ||||||||||
recommendation, then the bill is | recommendation, the bill is then deemed to | |||||||||||
deemed to have been passed in the | have been passed by both Houses in the original | |||||||||||
original form. | form. | |||||||||||
8 | If the Rajya Sabha does not return the | If the Legislative Council does not return the bill | ||||||||||
bill within 14 days then the bill is | within 14 days then the bill is deemed to have | |||||||||||
deemed to have been passed in the | been passed in the original form. | |||||||||||
original form. | ||||||||||||
9 | There is no provision of a joint sitting in case of a deadlock between the two Houses in case of a Money Bill. | There is no provision of a joint sitting in case of a deadlock between the two Houses. | ||||||||||
10 | The money bill passed by Parliament is | When a money bill is presented to the Governor, | ||||||||||
presented to the President. He may | he may give his assent, withhold his assent or | |||||||||||
either give his assent or withhold his | reserve the bill for Presidential assent but | |||||||||||
assent but cannot return it for | cannot return the bill to the state legislature for | |||||||||||
reconsideration. | reconsideration. | |||||||||||
The President can give his assent or withhold | ||||||||||||
assent but cannot return the bill for | ||||||||||||
reconsideration. |
1.8. Governor’s Power of Veto
When a bill is presented before the Governor (after its passage by both Houses of the Legislature), the Governor may take any of the following steps:
1. He may give his assent to the bill. In this case, it will become a law at once.
2. He may withhold his assent to the bill. In this case, the bill fails to become a law.
3. In case of a bill other than a money bill, he may return the bill with a message.
4. He may reserve the bill for the consideration of the President. The reservation is compulsory in case the law in question would diminish the powers of the High Court under
the Constitution. In case of a money bill so reserved, the President may give his assent or withhold his assent.
But in case of a bill other than a money bill, he also has the option to direct the Governor to return the bill to the legislature for reconsideration. In this case, the Legislature must reconsider the bill within six months and if passed again, the bill has to presented to the President again. But it shall not be obligatory upon the President to give his assent. (Art. 201)
It is clear that a bill, which is reserved for the consideration of the President, shall have no legal effect until the President declares his assent to it. Further, the Constitution imposes no time limit on him to assent (or withhold his assent) to the bill. Consequently, the President can keep a bill of State Legislature pending at his hands for an indefinite period of time.
In addition, when a bill is reserved for President’s consideration, he can refer it to the Supreme Court under Art. 143 for its advisory opinion where any doubts as to its constitutionality arise. This is done in order to decide whether to assent to a bill or to withhold assent.
1.8.1. Comparison of Veto Powers of Governor and President
President | Governor | ||||||||
May assent to the Bill passed by both Houses of the Parliament. | May assent to the Bill passed by the State Legislature. | ||||||||
May declare that he withholds his assent, in which case the Union Bill fails to become a law. | May declare that he withholds his assent, in which case the Bill fails to become a law. | ||||||||
In case of a Bill other than a Money Bill, he may return it for reconsideration by the Parliament. If the Bill is passed again by the Parliament, with or without amendments, the President has to declare his assent to it. | In case of a Bill other than a Money Bill, he may return it for reconsideration by the State Legislature. If the Bill is passed again by the Legislature, with or without amendments, the Governor has to declare his assent to it. | ||||||||
-Nil- | Instead of either assenting or withholding his assent, the Governor may reserve the Bill for President’s consideration | ||||||||
In | case | of | a | State | Bill | reserved | for | President’s | Once the Governor reserves a Bill for the |
consideration, he can take the following steps: | President’s consideration, the subsequent | ||||||||
1. In case of a Money Bill: He may either declare that | enactment of the Bill is in the hands of the | ||||||||
he assents to it or withholds his assent to it. | President and the Governor plays no part in its | ||||||||
2. Any other Bill: He may | career. | ||||||||
(a) declare that he assents to it or withholds his | |||||||||
assent to it, or | |||||||||
(b) return the Bill to the State Legislature for | |||||||||
reconsideration. The state legislature must | |||||||||
reconsider the Bill within 6 months. If it is passed | |||||||||
again (with or without amendments), it must be | |||||||||
presented to the President again directly. But the | |||||||||
President is not bound to give his assent, even | |||||||||
though the State Legislature has passed the Bill | |||||||||
twice. |
1.8.2. Legislative Assembly vs. Legislative Council of a State
It is clear that the position of the Legislative Council vis-à-vis the Legislative Assembly is much weaker than the position of the Rajya Sabha vis-à-vis the Lok Sabha. The Rajya Sabha has equal powers with the Lok Sabha in all spheres except financial matters and with regards to the control over the Government. On the other hand the Legislative Council is subordinate to the Legislative Assembly in the following respects:
♤ A money bill can be introduced only in assembly and not in council. The council cannot amend or reject the money bill. It should return the bill in 14 days, either with or without recommendations.
♤ With regards to ordinary Bill also, the Council is subordinate to the Assembly. It can at most cause a delay of 4 months (in two journeys) in the passage of the Bill originating in the Assembly. In case of a disagreement, the will of the Assembly has its way.
♤ On the other hand, in case of a Bill originating in the Legislative Council, the Assembly has the power of rejecting and putting an end to the Bill forthwith.
♤ The very existence of Legislative Council depends upon the will of the Legislative Assembly. The latter has the power to pass a resolution for the abolition of the second Chamber by an act of Parliament.
♤ The Council of Ministers in responsible only to the Legislative Assembly.
♤ The members of council do not participate in the election of the President of India and representatives of the state in Rajya Sabha.
♤ The council has no effective say in the constitutional amendment bill. (Interestingly the constitution does not say anything regarding the role of legislative council.