Law making process in Legislative assembly is similar to that of law making in the parliament, but since the legislature can be unicameral and bicameral and some laws require the approval of the president to pass, the legislative process of the state legislature has to be adapted accordingly.
In this article we will discuss the Law making process in Legislative assembly in a simple and easy way. For better understanding, read the article till the end.
Calling a session – Like the Parliament, the State Legislature also has to meet at least twice a year and there should not be more than 6 months between two sessions; This has to be taken care of, that is why the Governor sends calls for meetings to each House of the State Legislature from time to time. The session begins with the first meeting.
Adjournment – The meeting can also be adjourned for a particular time. This time could be hours, days or even weeks. It depends on the time, circumstance and decision of the presiding officer. If the session is adjourned indefinitely, it means ending the current session indefinitely.
Prorogation – The presiding officer announces the adjournment of the session indefinitely after the completion of the work. A few days later, the President issues a prorogation notification. However, even in the middle of the session, the Governor can announce prorogation. Where adjournment means adjourning the meeting for some time, prorogation ends the session of the house.
Let us now know how a simple bill becomes law.
Ordinary Law making process in Legislative assembly
An Ordinary Bill can be introduced in either House of the Legislature. Any such Bill shall be introduced either by the Minister or by any other member. The Bill passes through three levels in the primary house, just like in Parliament; 1. First reading 2. Second reading 3. Third reading.
After passing through all the three stages, a bill is sent to the other house (if any). In the legislature having a unicameral system, it is passed and sent directly for the approval of the governor. But in a bicameral legislature, it has to be passed by both the houses.
In the second house also, the bill is passed after those three levels, which are called first reading, second reading and third reading.
When a bill is sent to the Legislative Council after being passed by the Legislative Assembly, there are three options:
1. Let it be passed as it is
2. After some amendments, pass it and send it to the Legislative Assembly for consideration.
3. The bill should be rejected.
4. No action should be taken on this and the Bill should be kept pending.
If the council passes the bill without amendment or the assembly accepts its amendments, then the bill is considered passed by both the houses. Which is sent to the Governor for his approval. Apart from this, if the Legislative Assembly rejects the suggestions of the Council or the Council itself rejects the Bill or the Council does not take any action for three months, then the Assembly can again pass it and send it to the Council.
If the council again rejects the bill or passes it with amendments that the assembly rejects or does not pass within a month, then it is considered to be passed by both the houses because the assembly has passed it for the second time.
In this way, the Legislative Assembly has special power in respect of passing ordinary bills. At the most, the council can withhold a bill for four months. In the first time for three months and in the second for one month.
There is no provision in the Constitution for a joint sitting of both the Houses in case of disagreement on a bill. On the other hand, there is a provision for joint sitting of Lok Sabha and Rajya Sabha to pass an ordinary bill. Apart from this, if a bill is made in the Legislative Council and it is rejected by the Legislative Assembly, then the bill lapses.
Thus, the Legislative Council has been given less authority or importance than the Rajya Sabha at the Centre.
Approval of the Governor: After being passed by both the houses in the Legislative Assembly or bicameral system, every bill is sent to the Governor for his assent. The governor has four options:
1. he assent to the bill,
2. withholds the bill from his assent,
3. he can sends the bill to the House or Houses for reconsideration, and
4. that the President Reserve the Bill for consideration.
If the Governor gives assent to the Bill, the Bill will again become an Act and it is entered in the book of the Statutes.
If the governor withholds the bill, then the bill lapses and does not become an act.
If the Governor sends the bill for reconsideration and it is passed by the House or Houses again and again sent to the Governor for his assent, then it becomes mandatory for the Governor to give his assent. In this way the governor has an optional veto. If the situation is also at the central level.
President’s Assent: If a bill is reserved by the Governor for the assent of the President, the President can either give his assent, withhold it or send it to the House or Houses of the Legislature for reconsideration. The bill needs to be reconsidered within 6 months. If the bill is sent to the President in its original form or after being amended, then the Constitution does not mention whether the President should assent to this bill or not.
|Lok Sabha: Role, Structure, Functions||Hindi||English|
|Rajya Sabha: Constitution, Powers||Hindi||English|
Special procedure is enshrined in the constitution for the passing of money bills by the state legislature. It is the following:
Money Bill cannot be introduced in the Legislative Council. It can be introduced in the Legislative Assembly only after the recommendation of the Governor. Any such Bill is a Government Bill and can be introduced only by a Minister.
A Money Bill after it is passed by the Legislative Assembly is sent to the Legislative Council for consideration. The legislative council has restricted powers with respect to the money bill passed. They can neither reject it nor amend it, they can only make a recommendation and the bill has to be returned in 14 days. The assembly can accept or reject its suggestions.
If the assembly accepts a recommendation, the bill is deemed to have been passed. Even if it does not accept any recommendation, it is deemed to have been originally passed by both the Houses.
If the Legislative Council does not return the bill to the Assembly within 14 days, it is deemed to have been passed by both the Houses. Thus, in the case of a money bill, the Legislative Assembly has more authority than the Legislative Council. The Legislative Council can stop this bill for a maximum of 14 days.
Finally, when a Money Bill is presented to the Governor, he can give his assent to it, withhold it or reserve it to the President for assent but cannot send it to the State Legislature for reconsideration. Normally, the Governor gives assent to the Bill, which is brought after his prior assent.
When a Money Bill is reserved for the consideration of the President, the President can either assent or withhold it but cannot send it to the State Legislature for reconsideration. [ Understand Money Bill and Finance Bill ]
Difference in the legislative process between the State Legislature and the Parliament (in the case of an ordinary bill)
|process of parliament||State Legislature Procedure|
|If the second house rejects the bill passed by the first house or proposes an amendment which is not acceptable to the first house or if the second house keeps that bill for 6 months without taking any action, then such a situation can be considered in both the houses. There is supposed to be a deadlock between To deal with this situation, the President can call a joint sitting of both the houses.||If the second house rejects the bill passed by the first house or proposes an amendment which is not acceptable to the first house or if the second house keeps that bill for 3 months without taking any action, then such situation is considered as deadlock. But the special thing is that there is no system to call a joint sitting of both the houses here to deal with this situation.|
Under what circumstances does the Bill lapse and in what circumstances not?
Being a permanent house, the Legislative Council can never be dissolved. Only the assembly can be dissolved. Unlike prorogation, dissolution ends the term of the present house and a new house is formed after a general election. We can understand the dismissal of bills when the assembly is dissolved as follows.
1. A bill pending in the Legislative Assembly lapses. (Whether originally initiated by the Legislative Assembly or sent by the Legislative Council
2. A bill which is pending in the Legislative Council but passed by the Legislative Assembly cannot be rejected.
3. A bill which is passed by the Legislative Assembly (in a state with a unicameral legislature) or passed by both the Houses but has been stayed due to the assent of the Governor or the President, cannot be rejected.
4. A Bill which is passed by the Legislative Assembly but returned by the President to the House for reconsideration cannot be struck down.