Legislative Procedure In The State Legislature

  • Last Updated : 28-Aug-2023
  • Polity
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Legislative Procedure In the State Legislature

Introduction

The state Legislature performs a number of crucial tasks, including legislation. The legislative process in the bicameral state legislatures of India requires that new laws be approved at least once in the Lower House, or Vidhan Sabha. The Vidhan Parishad or the Upper House are not obliged to approve it. 
 

What Does Law Entail?

•    The Latin word "legislation," which means to present or suggest a law, is where the word "legislation" originates.
 
•    It is the process of creating or enacting legislation.
 
•    In other terms, legislation is the act of using the authority and responsibility of passing laws that are enforceable since they are issued by a sovereign State.
 

Lawmaking Process: Concept

•    In order to administer social, economic, and political justice, the state recognizes and uses legislative mechanisms. The three main sources of law are judicial precedent, common law, and convention.
 

Legislatures Role

•    The major duty of the legislature is to write and pass laws.
 
•    The Indian Constitution has provisions for legislation to be passed by the State Legislature at the state level and the Parliament at the Union level.
 
•    Parliament rules at the federal level while the State Legislature rules at the state level.
 
•    A court may rule that a piece of legislation passed by a parliament or state legislature is unlawful.
 
•    Each House of Parliament adheres to the same legislative procedure. If a bill is introduced into the legislative process and is approved, it becomes an act or law.
 

Constitutional Provisions - State Legislature's Legislative Process

•    Chapter III of Part VI of the Constitution deals with the State Legislature.
 
•    The executive branch and state legislature make up this body.
 
•    Articles 168 to 212 of Part VI of the Constitution address how the state legislature is structured, including its makeup, duration, positions, procedures, privileges, and powers.
 
•    The constitution allows for both the abolition of the second chamber in states where it currently exists and the creation of one in states where it does not.
 
•    A state may have two Houses of the legislature if a resolution to create a second house is approved by the legislature by an absolute majority, with at least two-thirds of the members present and voting, and if Parliament approves of the resolution.
 
•    Similar procedures will be used to dissolve the Upper Houses. In the states of Punjab and West Bengal, respectively, the second chambers were eliminated in 1969 and 1970. The Legislative Council of Tamil Nadu was dissolved in 1986.
 
•    The Legislative Council (Vidhan Parishad) and the Legislative Assembly (Vidhan Sabha) are the names for the State Legislatures with two houses, whilst the State Legislature with a single house is referred to as the Legislative Assembly (Vidhan Sabha).
 
•    Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, and Telangana are the states with two Houses as a result of changes made since the Constitution's inception and in compliance with the process provided in Article 169.
 

Procedures For Legislation

Legislative Procedure In State Legislature
•    The Assembly and the Council adhere to the same legislative process as Parliament.
 
•    A maximum of six months must pass between sessions of the State Legislature, which must convene at least twice every year.
 
•    At the beginning of each new session, the Governor gives the opening address, explaining the policies of the State Government.
 
•    Other than Money Bills, which can only be offered in the Assembly, all other Bills may be introduced in either House. It must go through three readings before being submitted to the Governor for his approval.
 
•    In the event that the Legislature approves it once more, the Governor may send it back for review but he cannot decline to sign it.
 
•    The Governor may set aside some bills for the President's consideration, who may ask him to bring them back before the Legislature for further discussion. When it is passed once more, with or without modifications, it is forwarded to the President for review.
 
•    The President is not required to sign the Bill, even if it is taken up and approved a second time by the State Legislature.
 
•    The Bill will expire if the Assembly is dissolved before it is passed or if it is approved by the Assembly while it is still up for consideration by the Council.
 
•    However, legislation that has been properly passed by the Assembly in the event that the State only has one House or by the Assembly and the Council in the event that the State has two Houses and is still awaiting the Governor's or President's assent does not expire.
 
•    Even if a law was initially approved by the disbanded House, it may be reconsidered and passed by the newly constituted Assembly after being sent back for reconsideration by the Governor or President. 
 
Comparison between Legislative Procedure in Parliament and State Legislature
 

With Regard to other Bills except Money Bill

Parliament

State Legislature
  1. Bills may be proposed by either House of Parliament.
  1. Bills may be proposed by either House of State Legislature.
  1. A minister or a private member may present it.
  1. A minister or a private member may present it.
  1. Has to go through first, second and third reading in the originating House.
  1. It has to go through first, second and third reading in the originating House.
  1. Only when both Houses agree to it, with or without amendments, it is considered as passed by Parliament. In the event of a deadlock between the two Houses, only a joint sitting of the two Houses, summoned by the President, can break the deadlock.
  1. The Legislative Council does not have equal power, and if the two Houses disagree, the will of the Legislative Assembly takes precedence. As a result, there is no mechanism of joint sitting to resolve deadlock.
  1. The deadlock may occur if
  1. one house passes the bill and the other house rejects it, or
  2. One house proposes amendments that the other house does not agree with.
  3. If the house does not pass the Bill within six months of receiving it.
  1. The deadlock may occur if
  1. one house passes the bill and the other house rejects it, or
  2. One house proposes amendments that the other house does not agree with.
  1. In the Rajya Sabha, the time limit for passing a Bill received from the Lok Sabha is six months.
  1. In the Legislative Council, the time limit for passing a Bill received from the Legislative Assembly is three months.
  1. In the event of disagreement, a joint sitting of the two Houses is the only way to break the deadlock. However, if the President does not convene a joint sitting at his discretion, the Bill is null and void, and Rajya Sabha thus has the effective capacity to block a Bill from being passed.
  1. In the event of a disagreement, passage of the Bill by the Legislative Assembly for a second time is sufficient for passage by the State Legislature. If the Bill is transmitted to the Legislative Council again after it has been passed, the Council's only option if it is not in agreement with the bill is to withhold it for one month from the date of its reception on its second journey. If the Council rejects the Bill again or suggests revisions that the Legislative Assembly rejects, or allows one month to pass without passing the Bill, the Bill is presumed to have been passed by the State Legislature in the form in which it is passed for the second time by the Legislative Assembly.
  1. If a bill is introduced and passed in the Rajya Sabha, it has equal power in the case of ordinary bills and constitution amendment bills.
  1. If the Legislative Council originates, enacts, and forwards a Bill to the Legislative Assembly, and the Legislative Assembly either rejects the Bill or makes amendments that are unacceptable to the Legislative Council, the Bill is terminated immediately.

 

With Regard to Money Bill

Parliament

State Legislature

1. Only the Lok Sabha can introduce it, not the Rajya Sabha.
  1. Only the Legislative Assembly can introduce it, not the Legislative Council.
  1. It can only be introduced on the President's recommendations.
  1. It can only be introduced on the Governor's recommendations
  1. It can only be proposed by a minister and not by a private member.
  1. It can only be proposed by a minister and not by a private member.
  1. The Rajya Sabha cannot reject it or amend it. Within 14 days, it should be returned to the Lok Sabha, either with or without recommendations.
  1. The Legislative Council cannot reject it or amend it. Within 14 days, it should be returned to the Legislative Assembly, either with or without recommendations.
  1. The Lok Sabha can accept or reject all or any of the Rajya Sabha's recommendations.
  1. The Legislative Assembly can accept or reject all or any of the Legislative Council's recommendations.
  1. If the Lok Sabha accepts any suggestions given by the Rajya Sabha, the bill is considered to have been passed in its modified form by both Houses.
  1. If the Legislative Assembly accepts any suggestions given by the Legislative Council, the bill is considered to have been passed in its modified form by both Houses.
  1. If the Lok Sabha rejects a proposal, the bill is considered to have been passed in the same form by both Houses.
  1. If the Legislative Assembly rejects a proposal, the bill is considered to have been passed by both Houses in the same form as passed by the Legislative Assembly.
  1. If the Rajya Sabha does not return the bill to the Lok Sabha within 14 days, it is presumed to have been passed by both Houses in the form in which it was originally passed by the Lok Sabha at the conclusion of the 14 days’ time period.
  1. If the Legislative Council does not return the bill to the Legislative Assembly within 14 days, it is presumed to have been passed by both Houses in the form in which it was originally passed by the Legislative Assembly at the conclusion of the 14 days’ time period.
  1. The Constitution does not contain a provision of Joint sitting for resolving a deadlock between the two Houses. This is due to the fact that the Lok Sabha's will is made to take precedence over the Rajya Sabha's if the Rajya Sabha does not agree to the bill passed by the Lok Sabha.
  1. The Constitution does not contain a provision of Joint sitting for resolving a deadlock between the two Houses. This is due to the fact that the Legislative Assembly's will is made to take precedence over the Legislative Council's if the Legislative Council does not agree to the bill passed by the Legislative Assembly.

Conclusion

The powers of the Rajya Sabha and Legislative Council vary, despite the fact that the legislative process is the same at the federal and state levels. The legislative authority of councils is limited. Contrary the Rajya Sabha, legislative councils lack the constitutional authority to write non-financial laws. The Legislative Council is subject to the Legislative Assembly's overriding power, unlike Rajya Sabha, which has the authority to reject or amend the Bill. Despite this unequal distribution of power, the legislative council is crucial in preventing any hasty decisions from being made by the Legislative Assembly.

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