The procedure of legislation in a State legislature is broadly similar to that in the Parliament under Article 107 except that there is no provision of joint sitting of the Houses of the State Legislature to resolve the deadlock between them when the Houses do not agree on a Bill.
All Bills , except Money Bill or a Financial Bill, may originate in either House of the State Legislature. In the case of Centre , a Bill must be passed by both the Houses either without amendments or with amendments only as are agreed to by both the Houses, except in the case of deadlock.
If a bill has been passed by the Legislative Assembly and transmitted to the Legislative Council-
(a) is rejected by the council
(b) more than 3 months passed from the date on which the Bill is laid before the Council, without the Bill being passed by it
(c) the bill is passed by the Council with amendments to which the Legislative subsequent session,
with or without amendments suggested by the Council and after a Bill as so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council which
(a) rejects the Bill
(b) doesn’t pass it within one month from the date on which it is laid before the Council
(c) passes the Bill with amendment to which the Legislative Assembly does not agree,
the Bill will be deemed to have been passed by both the houses in the form in which it was passed by the Assembly for the second time. [ Article 197(1) and (2)].
A Bill pending in the Legislature of a state doesn’t lapse by the reason of the prorogation of the House or Houses. A Bill pending in the Legislative Council of a State which has not been passed, doesn’t lapse on the dissolution of the Assembly. However, a Bill pending in the Legislative Assembly or having passed by it, is pending in a Legislative Council doesn’t lapse on dissolution of the Legislative Assembly. [ Article 196 (3), (4), (5)].
Like Union Legislature, a money Bill must originate in the Lower Houses of the State Legislature. After a Money Bill has been passed by the Legislative Assembly, it shall be transmitted to the Legislative Council for its recommendations. The Council must return the Bill to the Legislative Assembly with its recommendations within a period of 14 days from the date of its receipt of the Bill.
The Legislative Assembly may either accept or reject all or any of the recommendations of the council. If they accept any, the Money Bill shall be deemed to have been passed by both the Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly.
If the Legislative Assembly rejects all the recommendations of the Council the Money Bill shall be deemed to have been passed by both Houses in form in which it was passed by the Legislative Assembly. But if a Bill is not returned by the Council in 14 days, it shall be deemed to have been passed by both Houses at the expiration of such period in the form in which it was originally passed by the Legislative Assembly [ Article 198 and 199].
If any question arises whether a Bill is Money Bill or not, the decision of the Speaker of Legislative Assembly shall be final [ Article 199(3)]. There shall be endorsement on every Bi;; when it is sent to the council and presented to the Governor for assent, the certificate of the Speaker of the Legislative Assembly signed by him that it is money Bill [ Article 199(4)].
The decision of the Speaker of the Legislative Assembly that the bill in question was a money Bill is final. The decision cannot be disputed and the procedure of State Legislature cannot be questioned by virtue of Article 212. The procedure matter in view of Article 252, do not render invalid an Act after the assent of the President or the Governor. Regarding the money bill the contention that it was passed the Legislative Assembly only is unacceptable.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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