Legislative Procedure in the State Legislature (Articles 196–207)
Indian Polity › State Legislature · Topic 20.7
Bills pass through three readings in each House of the state legislature; the assembly can override the council by passing a bill again, with a maximum delay of four months and no joint sitting; the Governor can assent, withhold, return or reserve a bill for the President.
5 min read · UPSC Prelims · Polity · State Legislature
At a Glance
- What it is How bills pass in the state legislature
- Articles Articles 196 to 207
- Deadlock Assembly prevails; no joint sitting
- Governor Assent, withhold, return or reserve for the President
- Exam link UPSC Prelims, Polity: State Legislature
Where Does It Fit?
This is the seventh topic of the category on the State Legislature. The legislative procedure in the state resembles that in Parliament, with the important difference that there is no joint sitting and the assembly can override the council.
Ordinary Bills
An ordinary bill can originate in either House of a bicameral legislature, introduced by a minister or any member. It passes three stages in the originating House: first, second and third readings. It is deemed passed by the state legislature only when both Houses have agreed, with or without amendments. In a unicameral state a bill passed by the assembly goes directly to the Governor. In the second House it passes the same three stages. When a bill passed by the assembly goes to the council, the council has four alternatives: pass it without amendments, pass it with amendments and return it, reject it, or keep it pending.
If the council passes it unamended or the assembly accepts its amendments, the bill is deemed passed by both Houses. If the assembly rejects the amendments, or the council rejects the bill, or takes no action for three months, the assembly may pass the bill again and transmit it. If the council rejects it again, or passes with amendments not acceptable to the assembly, or does not pass it within one month, the bill is deemed passed by both Houses in the form in which the assembly passed it the second time. So the ultimate power lies with the assembly, and the council can at most detain a bill for four months (three months in the first instance and one in the second). The Constitution provides no joint sitting. A bill originating in the council and rejected by the assembly ends.
Money Bills
A money bill cannot be introduced in the council; only in the assembly, on the Governor’s recommendation, and only by a minister. After passing, it goes to the council, which cannot reject or amend it and must return it within 14 days with or without recommendations. The assembly may accept or reject any of the recommendations. If it accepts any, the bill is deemed passed in the modified form; if none, in the form originally passed. If the council does not return the bill within 14 days, it is deemed passed in the form passed by the assembly. When presented to the Governor, a money bill can be assented to, withheld or reserved for the President, but cannot be returned. When reserved, the President can assent or withhold but cannot return it.
Assent of the Governor and the President
Every bill passed by the assembly or both Houses is presented to the Governor, who has four alternatives: assent; withhold assent; return it for reconsideration; or reserve it for the President. If a returned bill is passed again, the Governor must assent, so the Governor has only a suspensive veto. When a bill is reserved, the President may assent, withhold assent, or return it for reconsideration; the House(s) must reconsider within six months, and the Constitution does not say whether the President must assent to a bill passed again. The Sarkaria Commission classified bills reserved for the President into three categories: those that must be reserved (bills derogating from the powers of the High Court under Article 200; certain bills on taxes on water or electricity under Article 288; bills falling under Article 360 in a financial emergency); those that may be reserved for specific purposes (immunity under Articles 31A and 31C; concurrent-list bills needing the President’s assent under Article 254; trade restrictions needing prior sanction under Article 304); and others the Governor chooses to reserve under Article 200.
Comparison with Parliament
| Point | Parliament | State legislature |
|---|---|---|
| Deadlock on an ordinary bill | Second House rejects or sits for six months | Council rejects, proposes unacceptable amendments, or sits for three months |
| Joint sitting | Provided for | Not provided |
| Overriding the second House | Lok Sabha cannot by passing again; joint sitting only | Assembly can by passing the bill a second time |
| Bill originating in the second House and rejected by the first | Joint sitting possible | Ends and becomes dead |
| Money bill delay | 14 days in the Rajya Sabha | 14 days in the council |
| Money bill introduced | Lok Sabha only, on the President’s recommendation | Assembly only, on the Governor’s recommendation |
Why Is This Topic Important?
- Table question Comparison with Parliament appears often
- Four months Council can detain for four months
- Governor options Four alternatives
What Came Next?
The next topic covers the restriction on the legislative council as to bills other than money bills.
Key People and Terms
- First, second, third reading Stages of passage
- Suspensive veto Return once, then must assent
- Reserved bill Bill sent to the President by the Governor
- Dead bill Bill that ends
- Detain Delay a bill
Exam Corner
Points to Remember
- No joint sitting in the state.
- Council can delay an ordinary bill by up to four months.
- Money bill: 14 days for the council.
- Governor: four options.
Do Not Confuse With
- Three months and one month First instance and second instance
- Governor and President assent Governor may reserve for the President
- State and Union deadlock Joint sitting only at the Union level
Memory Hook
Assembly wins: three months, then one; no joint sitting, only a second passing.
Mains Angle
Questions on this topic usually ask about the weak position of the council. Use these points to add depth.
- Assembly supremacy Final say in bills
- No joint sitting Deadlock resolved by second passage
- Governor’s role Four options
- President’s role Reserved bills
A Question You May Face
An original practice question, not a past paper question.
“Compare the legislative procedure in a state legislature with that in Parliament.”
How to Answer
- Introduction Articles 196 to 207.
- Procedure Ordinary and money bills.
- Assent Governor and President.
- Conclusion Table comparison.
GS Relevance
Frequently Asked Questions
How does an ordinary bill pass in a bicameral state legislature?
It passes first, second and third readings in the originating House and then the same three stages in the second House. It is deemed passed only when both Houses agree, and is then sent to the Governor for assent.
How long can the council delay an ordinary bill?
At most the council can delay an ordinary bill for four months: three months in the first instance and one month in the second instance, after which the bill is deemed passed in the form the assembly passed it for the second time.
Is there a joint sitting in the state legislature?
No. The Constitution does not provide a joint sitting of the two Houses of the state legislature to resolve a deadlock. The assembly overrides the council by passing the bill a second time, unlike in Parliament.
What can the Governor do with a bill passed by the legislature?
The Governor has four options: give assent, withhold assent, return the bill (if not a money bill) for reconsideration, or reserve it for the President. If a returned bill is passed again, the Governor must assent.
What are money bills in the state legislature?
A money bill can be introduced only in the assembly, on the Governor’s recommendation, and only by a minister. The council can only recommend within 14 days, and the Governor cannot return it for reconsideration.
PYQ Practice — Statement Analysis
1 There is a joint sitting in the state legislature to resolve deadlock.
None provided.
2 The council can delay an ordinary bill for up to four months.
Three plus one.
3 A money bill can be introduced in the legislative council.
Only in the assembly.
4 The Governor can return a money bill.
Cannot return.
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