• LEGISLATIVE PROCEDURE
  • POSITION OF THE STATE LEGISLATIVE COUNCIL

UNIT 12 – THE STATE LEGISLATURE – PART 2

  • Legislative Procedure

S.No

Ordinary Bill

Money Bill

1

It can originate either in SLA or SLC

Can be introduced either by a minister or a private member

 

It can originate only in the SLA

Can be introduced only by a minister not by a private member

2

When an ordinary bill is passed in the SLA and sent to the SLC for voting, it has four alternatives.

Pass the bill without amendments

Pass the bill with amendments and return it to the SLA for reconsideration

Reject the bill altogether

May not take any action on the bill and keep it pending

When a money bill is passed in the SLA and sent to the SLC, it can only make recommendations with respect to the bill. It can neither reject nor make amendments to the bill. It has to return the bill within 14 days to the SLA. If the SLC fails to return the bill within 14 days, the bill is deemed to be passed by both the houses.

3

If the SLC passes an ordinary bill with amendments that are not acceptable to the SLA or rejects the bill or keeps the bill pending for three months, the SLA can pass the bill once again. Now, if the council rejects or passes the bill with amendments that are not acceptable to the SLA or keeps the bill pending for one month, then the bill is deemed to be passed by both the houses.

The SLC has no powers over the money bills. It can only delay the passage of the bill for 14 days.

4

When an ordinary bill originated in the SLC is rejected by the SLA, the bill becomes dead.

Money bills can be introduced only in the SLA.

5

When an ordinary bill is sent for Governor’s assent,

He may give his assent to the bill

He may withhold his assent

He may return it for reconsideration

He may reserve it for the consideration of the President

When a money bill is sent for Governor’s assent,

He may give his assent to the bill

He may withhold his assent

He may reserve it for the consideration of the President

He cannot return it for reconsideration

6

When the governor reserves an ordinary bill for the consideration of the President,

He may give his assent to the bill

He may withhold his assent

He may return it for reconsideration and if the bill is presented to him with or without amendments after reconsideration, he may give his assent or reject the bill.

When the governor reserves a money bill for the consideration of the President,

He may give his assent to the bill

He may withhold his assent

He cannot return the bill for reconsideration

 

 

  • Position of the State Legislative Council

S.No

Equal with the SLA

Unequal with the SLA

1

The Chief Minister and other ministers can come from either house of the legislature.

The power to decide whether a bill is a money or not. The SLA has all the powers with respect to money bills.

2

Approval of ordinances issued by the governor

The SLC does not participate in the elections of President and Rajya Sabha members

3

In the passage of ordinary bills. However, in case of disagreements, the will of the SLA will prevail over the SLC.

The final power over the passage of ordinary bills lies with the SLA

4

Consideration of the reports of the constitutional bodies such as State Public Service Commission, State Finance Commission and Comptroller and Auditor General of India.

The SLC has no say in the ratification of constitutional amendment bills. The SLC itself can be abolished by the Parliament on the recommendation of the SLA.

 

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