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Indian Polity / State Legislature

Law Making Procedure in State Legislature

    The law making procedure in State Legislature is somewhat different for Money Bill when compared to other types of Bills. Even though procedure of passing the Bills is different, Legislative Assembly has an upper hand over the Legislative Council in all types of Bills.

    Bills other than Money Bill

    • Bills other than Money Bills, can be proposed by Legislative Assembly or Legislative Council.

    • When a Bill is introduced and approved in the Lower House (Legislative Assembly) and if it is transmitted to the Upper House (Legislative Council), it has to express its opinion within 3 months.

      Within these 3 months it can approve, reject or suggest some Amendments to the Bill. If the Bill is rejected or returned back with some amendments or if 3 months have elapsed, the Bill goes for a second journey in the Lower House.

      Second time, if the Bill is approved by the Legislative Assembly and is again sent to the approval of Upper House, in this stage the Upper House has to give its opinion within one month.

      The Bill is deemed to be passed by the State Legislature even if the Upper House rejects it or one month has elapsed or the Upper House passed the Bill with some amendments to which Lower House does not agree.

      So, Upper House can delay a Bill for a maximum of 4 months. After 4 months, irrespective of the opinion of the Upper House, the Bill is deemed to be approved.

    • When a Bill is introduced and approved in the Upper House and then transmitted to the Lower House and if the Lower House rejects the Bill, in such situation the Bill is defeated. In all situations, Lower House prevails.

    Money Bill

    • A Money Bill can be initiated only in the Legislative Assembly.

    • After the Money Bill is passed in the Lower House and is transmitted to the Upper House, the Upper House shall give its opinion about the Bill within 14 days from the date of its receipt in the House. It can suggest some amendments to the Bill within this stipulated time.

    • The Money Bill deemed to be passed if the Lower House accepts or rejects the recommendations made by the Upper House or if the Upper House fails to give its opinion within the stipulated 14 days.

Extra Information

    • A member can be appointed as Chief Minister or a Minister from either House of the State Legislature.

    • Legislative Council has no role in the elections of the Rajya Sabha members and the President of India.

    • Even if the Chief Minister or a Minister is from Legislative Council, the entire Council of Ministers will be collectively responsible only to the Legislative Assembly.