Legislative Procedure in State Legislature
A comprehensive self-learning guide to ordinary Bills, Money Bills, Financial Bills, Legislative Council powers, Governor’s assent, presidential consideration and constitutional safeguards.
Concepts • Articles • Comparisons • MCQs • Mains Practice
Introduction to Legislative Procedure
The State Legislature makes laws on subjects within the State’s legislative competence. However, a proposal does not become law merely because a minister introduces it or the government announces it.
The Constitution prescribes a procedure involving legislative consideration, voting and constitutional assent.
Bill, Act and Commencement
Important Constitutional Articles
| Article | Subject |
|---|---|
| 196 | Introduction and passing of Bills |
| 197 | Restrictions on Council’s powers regarding ordinary Bills |
| 198 | Special procedure for Money Bills |
| 199 | Definition of Money Bills |
| 200 | Governor’s assent |
| 201 | Bills reserved for President |
| 202–206 | State financial procedure |
| 207 | Financial Bills |
Knowledge Check 1. A Bill ordinarily becomes an Act after:
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Answer: C. A Bill must complete the applicable legislative procedure and receive the required assent.The Three Readings of an Ordinary Bill
An ordinary Bill generally passes through three readings. These stages allow members to examine its objectives, debate provisions and decide whether it should become law.
Importance of the Second Reading
The second reading provides the principal opportunity for detailed legislative scrutiny. Members may identify drafting defects, debate policy choices and suggest improvements.
Knowledge Check 2. Which reading provides detailed clause-by-clause scrutiny?
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Answer: B. Detailed consideration takes place during the second-reading process.Knowledge Check 3. An ordinary State Bill may generally be introduced by:
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Answer: C. Ordinary Bills may be introduced by ministers or private members, subject to applicable rules.Procedure for Ordinary Bills
In a Unicameral State
Where the State has only a Legislative Assembly, an ordinary Bill is introduced, considered and passed by that Assembly. It is then presented to the Governor.
In a Bicameral State
Where both a Legislative Assembly and Legislative Council exist, an ordinary Bill may originate in either House. However, the Assembly enjoys a stronger constitutional position.
Bill Originating in the Assembly
After the Assembly passes an ordinary Bill, the Council may:
- Pass it without amendments.
- Pass it with amendments.
- Reject it.
- Fail to pass it within the prescribed period.
Disagreement Between the Houses
Bill Originating in the Council
An ordinary Bill may originate in the Council. However, if the Assembly rejects it, the Council cannot compel passage through the Article 197 override mechanism.
Is There a Joint Sitting?
No. The Constitution does not provide a joint sitting of the Legislative Assembly and Legislative Council to resolve State legislative deadlocks.
Knowledge Check 4. The Council’s maximum delaying capacity is commonly expressed as:
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Answer: C. Article 197 provides three months in the first stage and one month in the second stage.Knowledge Check 5. Which statement is correct?
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Answer: C. Article 197 gives the Assembly the final advantage in the prescribed disagreement procedure.Knowledge Check 6. If the Assembly rejects a Council-originated ordinary Bill:
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Answer: C. The Article 197 override mechanism does not rescue a Council-originated Bill rejected by the Assembly.Money Bills in State Legislatures
A Money Bill deals exclusively with matters specified in Article 199 of the Constitution.
Important Money Bill Matters
- Imposition, abolition, remission, alteration or regulation of State taxes.
- Regulation of State Government borrowing.
- Custody of the Consolidated Fund or Contingency Fund of the State.
- Appropriation of money from the Consolidated Fund.
- Declaration of expenditure as charged expenditure.
- Specified public-money and audit matters.
- Matters incidental to the specified subjects.
Money Bill Procedure
Who Determines Whether a Bill Is a Money Bill?
The Speaker of the Legislative Assembly determines whether a Bill is a Money Bill under Article 199.
What Is Not Automatically a Money Bill?
A Bill is not a Money Bill merely because it deals with fines, monetary penalties, licence fees, service fees or the specified taxation by local authorities.
Knowledge Check 7. The Council must return a Money Bill within:
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Answer: B. Article 198 prescribes 14 days.Knowledge Check 8. The Assembly may respond to Council recommendations by:
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Answer: C. The Assembly has the final choice regarding Council recommendations.Knowledge Check 9. Who determines whether a State Bill is a Money Bill?
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Answer: B. Article 199 assigns this determination to the Assembly Speaker.Financial Bills
Not every Bill involving public money is a Money Bill. Article 207 establishes special constitutional requirements for Financial Bills.
Financial Bill Under Article 207(1)
This category contains provisions relating to matters specified in Article 199(1)(a)–(f), together with other provisions.
- It cannot be introduced in the Legislative Council.
- The Governor’s recommendation is ordinarily required for introduction.
- The constitutional exception concerning reduction or abolition of a tax must be remembered.
- It follows ordinary-Bill type bicameral consideration, not the 14-day Money Bill procedure.
Financial Bill Under Article 207(3)
This category involves expenditure from the Consolidated Fund of the State.
- It may originate in either House of a bicameral State Legislature.
- The Governor’s recommendation is required before passage by either House.
- Its bicameral consideration follows the ordinary-Bill framework.
Comparison
| Feature | Money Bill | 207(1) | 207(3) |
|---|---|---|---|
| Nature | Only Article 199 matters | Specified financial matters plus other provisions | Involves expenditure from Consolidated Fund |
| Introduction | Assembly only | Assembly only | Either House |
| Governor’s recommendation | For introduction | For introduction, subject to exception | Before passage |
| Council powers | Recommendations only | Ordinary-Bill procedure | Ordinary-Bill procedure |
| 14-day limit | Yes | No | No |
Knowledge Check 10. Which Financial Bill may originate in either House?
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Answer: C. Article 207(3) does not impose Assembly-only introduction.Knowledge Check 11. An Article 207(1) Financial Bill:
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Answer: B. Introduction is restricted to the Assembly, but the Money Bill’s 14-day procedure does not apply.Governor’s Assent to State Bills
After a Bill completes the required legislative process, it is presented to the Governor. Article 200 governs the Governor’s constitutional role.
Return for Reconsideration
The Governor may return a Bill other than a Money Bill for reconsideration by the legislature.
If the legislature passes it again, with or without amendments, and presents it to the Governor, the Governor cannot withhold assent under the proviso to Article 200.
Mandatory Reservation
The Governor must reserve a Bill for presidential consideration if, in the Governor’s opinion, it would so derogate from the powers of the High Court as to endanger its constitutional position.
Constitutional Timelines
The constitutional text uses the expression “as soon as possible” in the specified return-for-reconsideration context.
Knowledge Check 12. Which type of Bill may the Governor return for reconsideration?
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Answer: B. The return mechanism under Article 200 excludes Money Bills.Knowledge Check 13. Mandatory presidential reservation is required when a Bill threatens the constitutional position of:
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Answer: B. Article 200 specifically provides mandatory reservation in the High Court-protection situation.Bills Reserved for the President
When the Governor reserves a State Bill, the President considers it under Article 201.
Presidential Options
- Grant assent.
- Withhold assent.
- For a non-Money Bill, direct the Governor to return it for reconsideration.
Six-Month Reconsideration Period
When a non-Money Bill is returned under Article 201, the State Legislature must reconsider it within six months from receipt of the message.
If passed again, the Bill is presented once more for presidential consideration.
Connection with Article 254(2)
A State law on a Concurrent List subject that conflicts with an earlier parliamentary law may prevail within that State when the constitutional conditions, including reservation and presidential assent, are satisfied.
Parliament retains the power to legislate subsequently on the same matter.
Knowledge Check 14. Under Article 201, the reconsideration period is:
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Answer: D. Article 201 specifies six months from receipt of the message.Knowledge Check 15. After reconsideration under Article 201:
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Answer: B. Article 201 does not impose the same mandatory-assent consequence as the Governor’s return-and-repassage provision.State Legislature Versus Parliament
| Feature | Parliament | State Legislature |
|---|---|---|
| Lower House | Lok Sabha | Legislative Assembly |
| Upper House | Rajya Sabha | Legislative Council, where present |
| Ordinary Bill introduction | Either House | Either House in bicameral States |
| Deadlock | Joint sitting possible in specified cases | No joint sitting |
| Upper House powers | Stronger role in ordinary legislation | Limited delaying powers |
| Money Bill introduction | Lok Sabha only | Assembly only |
| Money Bill upper-House limit | 14 days | 14 days |
| Money Bill determination | Lok Sabha Speaker | Assembly Speaker |
| Assent | President | Governor or President where reserved |
Why Is the Legislative Council Weaker?
The Legislative Council is primarily a revising and deliberative chamber. The directly elected Legislative Assembly retains ultimate authority in the specified ordinary-Bill disagreement procedure and in financial legislation.
Knowledge Check 16. Which statement is correct?
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Answer: C. Article 108 provides a parliamentary joint-sitting mechanism. State legislative disagreement follows Articles 196–197.Lapsing of Bills
A Bill’s fate on prorogation or dissolution depends on its position in the legislative process.
| Situation | Constitutional Position |
|---|---|
| Prorogation of a House | A pending Bill does not lapse merely because of prorogation. |
| Bill pending in Council and not passed by Assembly | Does not lapse on Assembly dissolution. |
| Bill pending in Assembly | Lapses on Assembly dissolution. |
| Bill passed by Assembly and pending in Council | Lapses on Assembly dissolution. |
Knowledge Check 17. A Bill pending in the Council but not passed by the Assembly when the Assembly dissolves:
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Answer: B. Article 196(4) protects a Bill pending in the Council that has not been passed by the Assembly.Knowledge Check 18. A Bill pending in the Assembly when it is dissolved:
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Answer: A. Article 196(5) provides that a Bill pending in the Assembly lapses upon dissolution.10 Case Studies
Read each situation and apply the constitutional rules.
Case 1. The Council holds an Assembly-originated ordinary Bill for three months without passing it. What may the Assembly do?
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Answer: A. Article 197 allows the Assembly to pass it a second time after the prescribed first-stage disagreement.Case 2. The Council rejects an ordinary Bill after the Assembly has passed it a second time.
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Answer: B. Article 197 provides deemed passage in the specified second-stage disagreement.Case 3. A Money Bill remains with the Council for 16 days.
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Answer: A. The Council has fourteen days to return a Money Bill.Case 4. The Council recommends an amendment to a Money Bill.
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Answer: B. Council recommendations on Money Bills are not binding.Case 5. A State Bill would endanger the constitutional position of the High Court.
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Answer: A. Article 200 mandates reservation in this situation.Case 6. A non-Money Bill is returned by the Governor and passed again by the legislature.
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Answer: B. The Article 200 return-and-repassage rule restricts the Governor’s power to withhold assent.Case 7. A reserved non-Money Bill is returned under Article 201. How long does the legislature have to reconsider it?
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Answer: C. Article 201 provides six months from receipt of the message.Case 8. An ordinary Bill is pending in Council without Assembly passage when Assembly dissolves.
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Answer: A. Article 196(4) protects this category of Bill.Case 9. A Financial Bill under Article 207(3) is introduced in Council.
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Answer: B. Article 207(3) does not impose Assembly-only introduction.Case 10. A State seeks to give effect to a Concurrent List law conflicting with an earlier parliamentary law.
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Answer: A. Article 254(2) allows the specified effect of a repugnant State law with presidential assent, subject to conditions.Final Assessment — 25 MCQs
Attempt all questions before opening the answer panels. Each question includes its correct answer and a short explanation.
1. The introduction and passing of Bills in State Legislatures is principally covered by:
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Answer: B. Article 196 addresses introduction, passage and certain lapse rules.2. An ordinary Bill in a bicameral State may originate in:
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Answer: C. Ordinary Bills may originate in either House.3. Detailed clause-by-clause consideration generally takes place during:
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Answer: B. Detailed scrutiny occurs during the second-reading process.4. The Council’s first-stage delay for an Assembly-originated ordinary Bill is:
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Answer: C. Article 197 specifies three months in the first stage.5. The Council’s second-stage delay under Article 197 is:
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Answer: B. The second-stage period is one month.6. A joint sitting to resolve a State legislative deadlock is:
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Answer: C. There is no constitutional joint sitting for State legislative deadlocks.7. If the Assembly rejects an ordinary Bill originating in Council:
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Answer: B. The Council cannot compel passage over the Assembly’s rejection.8. The definition of State Money Bills is in:
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Answer: C. Article 199 defines State Money Bills.9. A State Money Bill is introduced in:
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Answer: A. A Money Bill must originate in the Legislative Assembly.10. The Council must return a Money Bill within:
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Answer: B. Article 198 provides fourteen days.11. Council recommendations on a Money Bill are:
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Answer: B. The Assembly may accept or reject the recommendations.12. The authority determining whether a State Bill is a Money Bill is:
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Answer: C. The Speaker determines Money Bill classification under Article 199.13. A Financial Bill under Article 207(1) may originate in:
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Answer: C. Article 207(1) restricts introduction to the Assembly.14. An Article 207(3) Financial Bill may originate in:
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Answer: A. The special requirement concerns recommendation before passage, not Assembly-only introduction.15. An Article 207(1) Financial Bill follows:
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Answer: B. Its bicameral consideration follows the ordinary-Bill framework.16. Article 200 deals with:
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Answer: A. Article 200 governs the Governor’s consideration of State Bills.17. The Governor may return for reconsideration:
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Answer: A. Money Bills are excluded from the return mechanism.18. A Bill threatening the constitutional position of the High Court:
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Answer: A. Article 200 mandates reservation in this situation.19. Article 201 concerns:
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Answer: A. Article 201 governs presidential consideration of reserved State Bills.20. A returned non-Money Bill under Article 201 must be reconsidered within:
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Answer: D. Article 201 specifies six months.21. After reconsideration under Article 201, the President:
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Answer: B. Article 201 does not impose mandatory assent after reconsideration.22. A Bill pending in the Assembly lapses upon:
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Answer: C. Article 196(5) provides for lapse upon dissolution.23. A Bill pending in Council and not passed by Assembly:
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Answer: B. Article 196(4) preserves this category of Bill.24. A Bill passed by Assembly but pending in Council:
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Answer: A. Article 196(5) provides for lapse in this situation.25. Presidential assent under Article 254(2) can be important when:
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Answer: A. Under constitutional conditions, presidential assent may allow the State law to prevail within that State.Mains Answer-Writing Practice
Question 1
Explain why the Legislative Assembly enjoys supremacy over the Legislative Council in the passage of ordinary Bills.
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Introduction: Bicameral State Legislature and Article 197.
Body: Council’s delaying powers, three-month first stage, Assembly repassage, one-month second stage, deemed passage and absence of joint sitting.
Conclusion: The directly elected Assembly retains final authority while the Council contributes legislative scrutiny.
Question 2
Compare the legislative procedure for ordinary Bills, Money Bills and Financial Bills in a bicameral State Legislature.
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Introduction: Classification under Articles 196–199 and 207.
Ordinary Bills: Either House, three readings and Assembly supremacy under Article 197.
Money Bills: Assembly-only introduction, Governor’s recommendation, 14-day Council limit and Speaker’s determination.
Financial Bills: Distinguish Articles 207(1) and 207(3).
Conclusion: Constitutional procedure balances legislative scrutiny with financial accountability.
Question 3
Critically examine the constitutional role of the Governor in the assent process for State Bills.
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Introduction: Article 200 as a constitutional checkpoint.
Body: Assent, withholding, reconsideration and reservation; mandatory High Court-related reservation; relationship with Article 201.
Critical Analysis: Federalism, responsible government, constitutional limits and judicial-review controversies.
Conclusion: Constitutional decisions should respect democratic accountability and the constitutional framework.
Question 4
Why is presidential assent important for certain State laws dealing with Concurrent List subjects?
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Introduction: Shared legislative competence under the Concurrent List.
Body: Article 254 repugnancy, reservation, presidential assent and the effect under Article 254(2).
Conclusion: Presidential assent provides a constitutional mechanism to accommodate State-specific legislative choices, subject to Parliament’s continuing powers.
