Legislative Procedures in the State Legislature – UPSC Notes

The legislative procedure in the state legislature is somewhat similar to the procedure in the Parliament; however, since the Legislative Council has much fewer powers as compared to the Rajya Sabha, there are some differences in the legislative procedure in the state legislature, which we will discuss here:

1)  Regarding Ordinary Bill

• Introduction: The bill can be introduced in either of the houses (in case of a bicameral legislature). It can be introduced by either a minister or any private member.
• Stages of the bill: Like in the case of Parliament, the bills here, too, go through the same 3 stages:

1. 1. First Reading
   2. Second Reading
   3. Third Reading

• Passage of the bill: After the bill is passed in the first House, the bill is transmitted to the second House (in case of bicameral legislature) for consideration. However, in the case of a unicameral legislature, after the Legislative Assembly passes the bill, it is sent to the Governor for their assent.
• Bill in the Second House: In the second House, the bill goes through the same process, i.e. the first reading, the second reading and the third reading.

Procedure in case the bill is transmitted to the Legislative Council

When the bill is initiated and passed in the Legislative Assembly and the bill is transmitted to the Legislative Council, it has the following options:

1. It may pass the bill without amendments;
2. It may pass the bill with amendments and send the bill to the Assembly for reconsideration;
3. It may reject the bill outright;
4. It may refuse to act and keep the bill pending.

Scenario-1: If the Council passes the bill without amendment, it is considered passed by both the Houses, and it is sent to the Governor for assent.

Scenario 2: If the Council passes the bill with amendment, and the Assembly accepts the recommendation, it is considered passed by both Houses with modification and is sent to the Governor for assent.

Scenario-3

1. If the recommendation of the Council is rejected by the Assembly or the Council rejects the bill or keeps the bill pending for 3 months, then the Assembly may pass the bill again and send it to the Council.
2. If the Council again passes the bill with amendments (which is not accepted by the Assembly), or rejects the bill or takes no action for one month, then the bill is considered passed in the form the Assembly had passed for the second time.