Legislative Procedure In State Legislature

Introduction

Legislative procedure encompasses various stages, from the introduction of bills to their passage through readings, committee scrutiny, and final approval. Understanding the legislative procedure is essential for ensuring transparency, accountability, and the effective functioning of democratic governance at the state level.

The Legislative Journey of Ordinary Bills: Process, Passage, and Presidential Consideration in State Legislatures

Bill in the Originating House/ Introduction

• Origin: Can originate in either house and introduced either by minister or private member.
• Stages: First reading, second reading, third reading.

Passage of Bills: 

• After the bill is passed by the originating House, it is transmitted to the second House for consideration and passage.
• A bill is deemed to have been passed by the state legislature only when both the Houses have agreed to it, either with or without amendments. 
• In the case of a unicameral legislature, a bill passed by the legislative assembly is sent directly to the governor for his/ her assent.

Bill in the Second House

Passes through 3 readings again. Four options available with Council:

1. Pass without amendments.
2. Pass with amendments and return it to the assembly for reconsideration.
3.  Reject the bill altogether.
4. May not take any action & keep it pending for 3 months.

• Governor Assent: If passed without any amendments, then sent to the governor for his assent.
• In the 2nd, 3rd & 4th options: The assembly may pass the bill again and transmit it to the Council again. If the Council passes the bill with amendments not acceptable to the assembly or rejects the bill altogether or keeps pending for 1 month, then the bill is considered as passed by both houses.
• Primary Authority: The ultimate power to pass the bill lies with the assembly, and council can keep it pending for max 4 (3 + 1) months.
  • No Joint Sitting: The Constitution does not provide for joint sitting to resolve the disagreement over the bill.

Assent of Governor:  4 Alternatives:

• Gives assent to the bill. Then the Bill becomes law.
• Withholds assent. Then the Bill ends.
• Returns the bill for the reconsideration of the house.
• Reserves the bill for the consideration of the president. If it is again passed by the house with or without amendments, then the governor must give his assent.

Assent of president: 3 Alternatives:

• Give assent to the bill.
• Withhold assent.
• Return the bill for the reconsideration of the house. If returned, then the house must reconsider it within 6 months. Whether it is obligatory for the President to give assent or not to such a reconsidered bill is not mentioned in the Constitution.

Money Bills in State Legislatures: Procedure, Powers, and Presidential Consideration

Bill in the originating house/ Introduction

• Can only be introduced in the Assembly on the recommendation of the Governor.
• Can only be introduced by the minister as it is a government bill.

Bill in the Second House

• After LA passes the bill; it is transmitted to the Legislative Council for its consideration.
• Limitations on Legislative Council: The Legislative Council has restricted powers with regard to money bills. The council cannot reject or amend a money bill. The council can only make recommendations and must return the bill within 14 days.
• Resolution of Discrepancies: If the Assembly accepts the recommendations of the Council, the bill is considered as passed in the modified form. 
  • If it rejects the recommendations, then the bill is considered as passed in its original form. 
  • If the Council does not return the bill in 14 days, then the bill is considered as passed by both houses in the original form.

Assent of Governor: 3 Alternatives:

• Gives assent to the bill.
• Withholds assent.
• Reserves bill for presidential assent.
• Governor cannot return the bill for reconsideration of the house.

Assent of the President: President can

• Give assent
• Withhold assent
• The President cannot return the bill for reconsideration of the House.

Conclusion

The legislative procedure in state legislatures encompasses a structured process through which laws are proposed, debated, amended, and ultimately enacted. This procedure ensures transparency, accountability, and public participation in the lawmaking process, reflecting the principles of democratic governance. By adhering to established legislative protocols, state legislatures uphold the rule of law and fulfill their mandate to represent the interests of the people they serve.