With
regards to ordinary bills, the procedure is same as
parliament. The bills go
through three readings and if it is passed by a simple
majority it goes
directly to the president [unicameral legislature] or to
the second chamber
[bicameral legislature]. Here the legislative assembly
is highly powerful than
the Lok Sabha.
If the legislative
council rejects the bill or passes it with
amends or takes no action for three months, the bill
goes to the legislative
assembly again.
The
assembly may pass it again with or without amends. Then
the bill goes to the
legislative council where either it may be accepted or
rejected or amended or
no action is taken. After one month bill is sent back to
legislative assembly.
But this time the bill is deemed to have been passed in
the form passed by the
legislative assembly in the second time. It is sent to
the governor.
There
is no provision for joint sittings to resolve
deadlocks. Thus the legislative
council can only withhold a bill for 4 months [3
months on first instance and 1
month on second]. Also if a bill passed by legislative
council is disapproved
by legislative assembly then it becomes dead.
If A
constitutional amendment bill referred to state
legislatures for assent is
considered by both state legislature houses. Here to the
will of the
legislative assembly prevails. It the legislative
council rejects the amendment
the assembly can pass it again as in case of non money
bill. Approval of
ordinances of the governor to has the domination of
legislative assembly.
Governor
may give his assent or withhold his assent or send the
bill back for reconsideration
or reserve bill for the president’s consideration. If
the bill sent for
reconsideration is passed by both houses with or without
amends the governor
has to give his assent to it [Suspensive veto]. If the
bill is reserved for
presidents assent on it but is returned for
reconsideration and the houses pass
it again. It isn’t obligatory for the president to
assent it. President can
return a state bill any number of times.
No money bill can be introduced without the governor’s recommendation. Such a bill is a government bill and can be introduced only by a minister. It can be introduced only in legislative assembly. The bill if passed goes to the legislative council. The council can only discuss it and make recommendation. It has to return bill in 14 days. The assembly may reject or accept such recommendations. The bill is then given to governor for assent. Governor may give or withhold it or sent it for president’s consideration. President too may give or withhold assent. But neither governor nor president can return the bill for reconsideration.
This difference of treatment in the two cases is due to the adoption of two different principles as regards the Union and the State Legislatures.
(a) As to Parliament,-It has been said that since the Upper House represents the federal character of the Constitution, it should have a status better than that or a mere dilatory body.
Hence, the Constitution provtdes for a joint sitting of both Houses in case of disagreement between the House of the People and the Council of States, though of course, the House will ultimately have an upper hand, owing to its numerical majority at the joint sitting.
(b) As regards the two Houses of the State Legislature, however,the Constitution of India adopts the English system founded on the Parliament Act, 1911, i.e.., that the Upper House must eventually give way to the Lower House which represents the will of the people.
Under this system, the Upper House has no power to obstruct the popular House other than to effect some delay.
This democratic provision has been adopted in our Constitution in the case of the State Legislature inasmuch as in this case, no question of federal importance of the Upper House arises.
The relative positions of the two Houses of the Union Parliament and of a State Legislature may be graphically shown as follows:
As regards Money Bills, the posuion is similar at the Union and the States:
(a) A Money Bill cannot originate in the Second Chamber or Upper House (i.e., the Council of States or the Legislative Council).
(b) The Upper House (i.e., the Council of States or the Legislative Council) has no power to amend or reject such Bills.
In either case, the Council can only make recommendations when a Bill passed by the lower House (i.e., the House of the People or the Legislative Assembly, as the case may be) is transmitted to it It finally rests with the lower House to accept or reject the recommendations made by the Upper House.
If the House of the People or the Legislative Assembly (as the case may be) does not accept any of the recommendations, the Bill is deemed to have been passed by the Legislature in the form in which it was passed by the lower House and then presented to the President or the Governor (as the case may be), for his assent.
If the lower House, on the other hand, accepts any of the recommendations of the Upper House, then the Bill shall be deemed to have been passed by the Legislature in the form in which it stands after acceptance of such recommendations.
On the other hand, if the Upper House does not return the Money Bill transmitted to it by the Lower House, within a period of 14 days from the date of its receipt in the Upper House, the Bill shall be deemed to have been passed by the Legislature, at the expiry of the period of 14 days, and then presented to the President or the Governor, as the case may be, even though the Upper House has not either given Its assent or made any recommendations.
There is no provision for resolving any deadlock as between the two Houses, as regards Money Bills, because no deadlock can possibly arise.
Whether in Parliament or in a State Legislature, the will of the lower House (House of the People or the Legislative Assembly) shall prevail, in case the Upper House does not agree to the Bill as passed by the lower House.
The very composition of the Legislative Council, renders its position weak, being partly elected and partly nominated, and representing various interests.
Its very existence depends upon the will of the Legislative Assembly, because 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 is responsible only to the Assembly.
The Council cannot reject or amend a Money Bill. It can only withhold the Bill for a period not exceeding 14 days or make recommen- dations for amendments.
As regards ordinary legislation (i.e., with respect to Bills other than Money Bills), too, the position of the Council is nothing but subordinate to the Assembly, for it can at most interpose a delay of four months (in two journeys) In the passage of a Bill originating in the Assembly and, in case of disagreement, the Assembly will have its way without the concurrence of the Council.
In the case of a Bill originating in the Council, on the other hand, the Assembly has the power of rejecting and putting an end to the Bill forthwith.
It will thus be seen that the second Chamber in a State is not even a revising body like the second Chamber in the Union Parliament which can, by its dissent, bring about a deadlock, necessitating a joint sitting of both Houses to effect the passage of the Bill (other than a Money Bill).
Nevertheless, by reason of its composition by indirect election and nomination of persons having special knowledge, the Legislative Council commands a better calibre and even by its dilatory power, it serves to check hasty legislation by bringing to light the shortcomings or defects of any ill- considered measure.
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