Introduction: The Fabric of State Lawmaking
The Indian Constitution establishes a parliamentary system at the state level, mirroring the Union. The legislative procedure in State Legislatures, primarily governed by Articles 196 to 201, outlines how laws are enacted. This process involves the introduction, passage, and assent of bills, varying based on whether a state has a unicameral (Legislative Assembly only) or bicameral (Legislative Assembly and Legislative Council) legislature, and the type of bill (Ordinary, Money, or Financial). Understanding these procedures is crucial for comprehending the functioning of state governance and the dynamics of Centre-state relations, particularly concerning the Governor's role.
Core Legislative Procedures
15.7.1: Ordinary Bills (Article 196)
Ordinary bills deal with any matter other than financial subjects (as defined for Money Bills). Their passage reflects the legislative power dynamic within the state legislature.
Origin
- Can originate in either House of the State Legislature, if the state is bicameral.
- If unicameral, it can only originate in the Legislative Assembly.
Passage Readings
Broadly similar to Union Parliament:
- First Reading: Introduction of the bill.
- Second Reading: Clause-by-clause consideration and discussion.
- Third Reading: Voting on the bill as a whole.
Procedure in Unicameral States
If a state has only a Legislative Assembly, a bill passed by the Assembly is directly sent to the Governor for assent.
Procedure in Bicameral States
Bill originating in Legislative Assembly:
- Assembly passes, sends to Legislative Council.
- Council options: pass, pass with amendments, reject, or take no action for 3 months.
- If Council rejects/takes no action for 3 months, Assembly may pass it again.
- Sent to Council again. Council has limited power: reject, pass with unacceptable amendments, or no action for 1 month.
- Deemed Passed: If Council delays for 1 month second time, bill is deemed passed by both Houses in Assembly's second form.
Bill originating in Legislative Council:
- Council passes, sends to Legislative Assembly.
- Lapses: If Assembly rejects, passes with unacceptable amendments, or takes no action, the bill lapses.
- In a bicameral state, the ultimate power regarding ordinary bills lies with the Legislative Assembly.
- The Legislative Council can, at most, delay an ordinary bill for a maximum period of 4 months (3 months in the first instance + 1 month in the second instance).
- No Joint Sitting: Unlike the Union Parliament (Article 108), there is no constitutional provision for a Joint Sitting of the Legislative Assembly and Legislative Council to resolve a deadlock over a bill. This reinforces the Assembly's dominant position.
15.7.2: Money Bills (Article 198, 199)
Money Bills deal exclusively with financial matters as specified in Article 199.
Definition (Article 199)
Similar to Article 110 for the Union Parliament, Article 199 defines a Money Bill to include provisions solely dealing with:
- Imposition, abolition, remission, alteration or regulation of any tax.
- Regulation of borrowing of money or giving of any guarantee by the State.
- Custody of State Consolidated Fund/Contingency Fund, payment/withdrawal.
- Appropriation of money out of Consolidated Fund.
- Declaring expenditure charged on Consolidated Fund or increasing its amount.
- Receipt of money on account of Consolidated Fund/public account, custody/issue of money, audit.
- Any matter incidental to the above.
Decision of Speaker Final: If any question arises whether a bill is a Money Bill or not, the decision of the Speaker of the Legislative Assembly is final. This decision cannot be questioned in any court.
Introduction & Powers
- Can be introduced ONLY in the Legislative Assembly (Vidhan Sabha).
- Can be introduced only on the recommendation of the Governor.
- It is always a Government Bill, introduced by a minister.
Legislative Council's Restricted Powers (Article 198):
- Council cannot reject or amend a Money Bill.
- Must return the bill to the Assembly within 14 days with or without recommendations.
- Assembly can accept or reject any recommendations.
- If Assembly accepts, bill deemed passed with amendments.
- If Assembly rejects all recommendations, bill deemed passed in original form.
- If Council does not return within 14 days, it is deemed passed in original Assembly form.
Summary: The Legislative Council has only advisory powers on Money Bills and can merely delay it for a maximum of 14 days.
15.7.3: Financial Bills (I) and (II) (Article 207)
Financial Bills are those bills that deal with fiscal matters. They are of two types, mirroring the provisions for the Union Parliament (Article 117), mutatis mutandis.
Financial Bill (I) [Article 207(1)]
- Contains not only any of the matters specified in Article 199 (Money Bill matters) but also other general legislative provisions.
- Requires the recommendation of the Governor for introduction.
- Can be introduced ONLY in the Legislative Assembly.
- Once introduced, its passage follows the same procedure as that of an Ordinary Bill.
- This means, in bicameral states, the Legislative Council can delay it for up to 4 months, and there is no joint sitting.
Financial Bill (II) [Article 207(3)]
- Contains provisions involving expenditure from the Consolidated Fund of the State but does not include any of the matters enumerated in Article 199.
- Does not require Governor's recommendation for introduction and can be introduced in either House.
- However, it cannot be passed by either House unless the Governor has recommended its consideration. This recommendation is required at the stage of consideration, not introduction.
- Its passage, after the Governor's recommendation for consideration, also follows the same procedure as that of an Ordinary Bill.
15.7.4: Assent to Bills by Governor (Art 200) & President (Art 201)
After a bill is passed by the State Legislature, it is sent to the Governor for assent.
Step 1: Bill Passed by Legislature
A bill successfully navigates the Legislative Assembly (and Council, if bicameral).
Step 2: Governor's Options (Article 200)
Give Assent: The bill becomes an Act.
Withhold Assent: The bill does not become an Act. Rarely exercised.
Return for Reconsideration: (Not for Money Bills). If Legislature passes it again, Governor shall not withhold assent.
Reserve for President's Consideration: Compulsory (e.g., High Court derogation) or Discretionary (e.g., Article 31A, repugnancy to Central laws).
Step 3: President's Options (Article 201) - If Reserved
Give Assent: The bill becomes an Act.
Withhold Assent: The bill does not become an Act.
Direct Governor to Return for Reconsideration: (Not for Money Bills). If Legislature passes again, President is NOT bound to give assent.
Summary Table: Legislative Procedure
| Feature/Bill Type | Ordinary Bill (Art 196) | Money Bill (Art 198, 199) | Financial Bill (I) (Art 207(1)) | Financial Bill (II) (Art 207(3)) |
|---|---|---|---|---|
| Definition | Any bill not falling under Money Bills. | Defined by Art 199 (taxation, consolidated fund, borrowing etc.). Speaker's decision is final. | Contains matters from Art 199 & other general legislation. | Involves expenditure from Consolidated Fund but does not contain Art 199 matters. |
| Introduction | Either House (if bicameral); Assembly only (if unicameral). | ONLY in Legislative Assembly. | ONLY in Legislative Assembly. | Either House. |
| Governor's Rec. | No prior recommendation needed. | MANDATORY for introduction. | MANDATORY for introduction. | NOT required for introduction. |
| Govt. Bill? | Can be Private Member's Bill or Government Bill. | Always a Government Bill. | Can be Private Member's Bill or Government Bill. | Can be Private Member's Bill or Government Bill. |
| Council's Power (Bicameral) | Can delay for max 4 months (3 + 1). No Joint Sitting. Assembly has ultimate power. If originating in Council, Assembly can reject (bill lapses). | Can only make recommendations; must return within 14 days. Cannot reject or amend. Assembly can accept/reject recommendations. Deemed passed if not returned or recommendations rejected. | Same as Ordinary Bill (delay for max 4 months). | Same as Ordinary Bill (delay for max 4 months). |
| Assent | Governor (Art 200): Assent, withhold, return for reconsideration (bound if passed again), reserve for President. | Governor (Art 200): Assent, withhold, reserve for President. Cannot return for reconsideration. | Governor (Art 200): Assent, withhold, return for reconsideration (bound if passed again), reserve for President. | Governor (Art 200): Assent, withhold, return for reconsideration (bound if passed again), reserve for President. |
| President's Power (Art 201) | Assent, withhold, direct Governor to return for reconsideration (President not bound to assent even if passed again). | Assent, withhold. (Cannot direct return for reconsideration). | Assent, withhold, direct Governor to return for reconsideration (President not bound to assent even if passed again). | Assent, withhold, direct Governor to return for reconsideration (President not bound to assent even if passed again). |
| Ultimate Control | Legislative Assembly | Legislative Assembly | Legislative Assembly | Legislative Assembly |
Prelims-ready Notes
Ordinary Bills (Art 196)
- Origin: Either House (bicameral), Assembly only (unicameral).
- Passage: 3 readings.
- Council's power: Max 4 months delay (3 + 1).
- No Joint Sitting in state legislature.
- Assembly has ultimate power.
Money Bills (Art 198, 199)
- Definition: Art 199 (taxes, borrowing, Consolidated Fund etc.). Speaker's decision final.
- Introduction: ONLY in Assembly, on Governor's recommendation. Always a Government Bill.
- Council's power: Recommendations only, return within 14 days. Cannot reject/amend.
- Assembly can accept/reject Council's recommendations. Deemed passed if not returned in 14 days.
Financial Bills (Art 207)
- Financial Bill I (Art 207(1)): Requires Governor's recommendation for introduction. Introduced ONLY in Assembly. Follows Ordinary Bill procedure after introduction.
- Financial Bill II (Art 207(3)): No Governor's recommendation for introduction. Can be introduced in either House. Requires Governor's recommendation for consideration (not introduction). Follows Ordinary Bill procedure after recommendation.
Assent to Bills (Art 200, 201)
- Governor (Art 200): Assent, withhold, return (not for Money Bills), reserve for President.
- If returned bill is passed again, Governor must assent.
- Compulsory reservation for bills endangering High Court's position.
- President (Art 201): Assent, withhold, direct Governor to return (not for Money Bills).
- If President directs return and bill is passed again, President not bound to assent.
Unicameral vs. Bicameral States
Currently, 6 states have bicameral legislatures: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh. Others are unicameral.
Mains-ready Analytical Notes
- Role of Legislative Council: Often debated as a 'secondary house' or 'superfluous body'. Its limited powers (mere delaying power for ordinary bills, advisory for Money Bills) raise questions about its utility. Critics argue it's a house for political patronage, rewarding defeated politicians or party loyalists. Proponents argue it provides a platform for detailed legislative review, representing specific interests (teachers, graduates, local bodies), and preventing hasty legislation. (Source: ARC Reports, Sarkaria Commission on Centre-State Relations).
- Power Imbalance: The clear constitutional dominance of the Legislative Assembly over the Council, particularly in financial matters and the absence of a joint sitting, reinforces the Assembly's supremacy.
- Governor's Discretionary Powers (Art 200 & 201): The power to withhold assent or reserve a bill for the President's consideration is a significant area of friction in Centre-state relations, especially when different political parties are in power at the Centre and the State. This power is often perceived as an interference with the legislative autonomy of the state.
- Abolition/Creation of Legislative Councils: Several states have abolished their councils (e.g., Punjab, West Bengal) or created them (e.g., Andhra Pradesh created, then moved to abolish again). This highlights the ongoing debate about their relevance and cost-effectiveness.
- Evolution of Governor's Role: Post-independence, the Governor's role has evolved from a ceremonial head to, at times, an active political player, particularly concerning bill assent and reservation. This trend has often led to judicial scrutiny and recommendations by various commissions (Sarkaria, Punchhi) advocating for more circumscribed use of discretionary powers.
- Use of Article 201: The President's power to withhold assent to state bills even after reconsideration (unlike the Governor) grants the Centre a significant, albeit indirect, legislative control over states, reflecting the quasi-federal nature of the Indian Constitution.
- Federalism Concerns: Recent years have seen increased friction between state governments and Governors over the delay or reservation of bills, especially in states ruled by opposition parties. This directly impacts cooperative federalism. (e.g., Tamil Nadu, Kerala, Punjab Governors withholding or delaying assent to bills passed by the respective state assemblies). This highlights the need for clear guidelines for the Governor's discretionary powers.
- Legislative Quality: The limited role of the Legislative Council might sometimes compromise the quality of legislation if Assembly-passed bills do not receive adequate scrutiny, though the Assembly's own committee system exists.
- Accountability: The constitutional provisions aim to ensure legislative accountability to the people (through the Assembly) while providing checks and balances (through the Council and Governor).
- Tamil Nadu Assembly vs. Governor (2023-24): The TN Assembly re-adopted 10 bills that Governor R.N. Ravi had returned or withheld assent for, including a bill banning online gambling. This led to a legal challenge by the state government in the Supreme Court, which questioned the Governor's delay tactics. The Supreme Court highlighted that Governors must act on bills "as soon as possible".
- Punjab Assembly vs. Governor (2023-24): The Punjab Governor withheld assent to several bills passed by the Aam Aadmi Party government, citing procedural lapses and questioning the legality of an "unlimited" session. This led to the Supreme Court ruling that Governors cannot "thwart" the normal course of lawmaking and must act on bills. The SC reaffirmed that Governors must either grant assent, withhold assent, or return the bill for reconsideration, and the option to "do nothing" is not available.
- Kerala Assembly vs. Governor (2023): Several bills passed by the Kerala Assembly were delayed by Governor Arif Mohammed Khan, including a bill to remove him as Chancellor of state universities, leading to accusations of political obstruction.
- Sarkaria Commission (1988): Recommended that Governors should exercise the power of reserving bills for President's consideration sparingly and only in exceptional circumstances.
- Punchhi Commission (2010): Recommended fixing a time limit (e.g., 6 months) within which the Governor should take a decision on granting assent or reserving a bill. It also suggested that a bill reserved for the President should be disposed of by the President within six months. (This has not been constitutionally implemented).
Current Affairs & Recent Developments
- Supreme Court Rulings on Governor's Assent (2023-2024): The Supreme Court has repeatedly emphasized that Governors cannot indefinitely delay giving assent to bills passed by state legislatures. In several instances involving Kerala, Punjab, and Tamil Nadu, the SC has questioned the Governor's inaction, stating that Article 200 requires the Governor to act "as soon as possible" and not sit over bills. This has provided much-needed clarity on the constitutional obligations of Governors regarding legislative processes and reinforced the principles of constitutional democracy and federalism. (Source: The Hindu, Indian Express, SC official website reports).
- Political Implications of Bill Delays: The increasing trend of Governors delaying or reserving bills has become a significant flashpoint in Centre-state relations, often seen as a tool for the Union government to exert influence over state policies. This has intensified calls for a clearer delineation of the Governor's discretionary powers and stricter timelines for assent.
UPSC Previous Year Questions (PYQs)
Prelims MCQs:
With reference to the Constitution of India, consider the following statements:
- No High Court shall have the jurisdiction to declare any Central law to be constitutionally invalid.
- An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements given above is/are correct?
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Answer: (d)
Hint/Explanation: Both statements are incorrect. High Courts can examine the constitutional validity of Central laws (post 42nd Amendment and subsequent SC rulings). The Supreme Court can definitely question constitutional amendments based on the Basic Structure doctrine. While not directly on legislative procedure, it touches upon judicial review which impacts legislative validity.
Consider the following statements:
- A Money Bill can be introduced in any of the Houses of Parliament.
- The Speaker of the Lok Sabha is the final authority to decide whether a Bill is a Money Bill or not.
- When a Money Bill is presented to the President of India, he cannot return the Bill for reconsideration.
Which of the statements given above is/are correct?
(a) 1 and 2 only (b) 3 only (c) 2 and 3 only (d) 1, 2 and 3
Answer: (c)
Hint/Explanation: Statement 1 is incorrect (Money Bill can only be introduced in Lok Sabha, similar to state Assembly). Statements 2 and 3 are correct (Speaker's decision final, President cannot return Money Bill for reconsideration). This question on Parliament's Money Bill procedure is analogous to the state's procedure.
The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the:
(a) Lok Sabha by a simple majority of its total membership
(b) Lok Sabha by a majority of not less than two-thirds of its members present and voting
(c) Rajya Sabha by a simple majority of its total membership
(d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting
Answer: (d)
Hint/Explanation: Article 249 allows Rajya Sabha, representing the states, to pass a resolution by a 2/3rd majority of members present and voting, enabling Parliament to legislate on a State List subject in national interest. This indirectly relates to the legislative powers affecting states.
Mains Questions:
"The Governor is but a figurehead." In light of this statement, examine the role of the Governor in the Indian political system.
Direction:
This question requires a nuanced discussion of the Governor's role. While often considered a nominal head, the Governor possesses significant discretionary powers, especially concerning bill assent (Art 200) and reservation (Art 201), appointment of CM, dismissal of ministry, etc. Discuss the constitutional provisions, historical context, and recent instances of friction between Governors and elected state governments (e.g., Punjab, Kerala, TN cases mentioned in current affairs). Conclude on whether the Governor is truly a figurehead or an active, sometimes controversial, constitutional office.
"The local self-government system in India has not proved to be an effective instrument of governance". Comment.
Direction:
While not directly on state legislative procedure, this question relates to state-level governance and the devolution of powers from state legislatures to local bodies. A good answer would touch upon the role of state legislatures in empowering local bodies, challenges like inadequate financial resources, limited autonomy, and lack of political will at the state level.
"The Legislatures of States are not merely Law-making bodies but they also represent the aspirations of the people, their problems and their solutions". Elaborate with examples.
Direction:
This question asks for an analysis of the broader role of state legislatures beyond just law-making. Mention their functions in raising public issues, holding the executive accountable through various legislative tools (questions, calling attention motions, budget discussions), passing resolutions, and representing diverse regional aspirations. Provide examples of state-specific laws addressing unique social, economic, or environmental challenges (e.g., anti-lynching laws, state-specific reservation laws, agricultural policies) which reflect regional aspirations.
Trend Analysis: UPSC Questions
Prelims Trend
- UPSC often tests the fundamental aspects of legislative procedure, especially distinctions between Ordinary, Money, and Financial Bills, the powers of the Speaker/Governor/President regarding bills, and the powers of the Legislative Council.
- Questions often focus on factual accuracy and nuances of constitutional articles.
- The trend is towards asking about the Governor's powers, often in comparison with the President's, and the specific timelines/limitations.
Mains Trend
- The trend in Mains questions related to state legislative procedure has shifted from purely descriptive to more analytical and critical.
- Strong emphasis on the federal implications of the Governor's role (especially Article 200 & 201), the debates surrounding the Legislative Council's utility, and the broader functioning of state legislatures in strengthening democratic governance.
- Recent events (Governor-state friction) have made this topic highly relevant for current affairs-oriented analytical questions.
- Questions often link constitutional provisions to contemporary political dynamics and the principle of cooperative federalism.
Original MCQs for Prelims
1. Which of the following statements about an Ordinary Bill in a State Legislature are correct?
- It can be introduced in either the Legislative Assembly or the Legislative Council in a bicameral state.
- The Legislative Council can delay an Ordinary Bill originating in the Assembly for a maximum period of six months.
- There is no provision for a joint sitting to resolve a deadlock over an Ordinary Bill in a State Legislature.
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (c)
Explanation: Statement 1 is correct (Art 196). Statement 2 is incorrect; the maximum delay period for an Ordinary Bill by the Council is 4 months (3 + 1) (Art 196). Statement 3 is correct; unlike Parliament, there is no provision for a joint sitting in state legislatures (Laxmikanth).
2. Regarding Money Bills in a State Legislature, consider the following statements:
- A Money Bill can only be introduced on the recommendation of the Governor.
- The Legislative Council can reject a Money Bill but cannot amend it.
- The Speaker of the Legislative Assembly's decision is final on whether a bill is a Money Bill.
(a) 1 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (c)
Explanation: Statement 1 is correct (Art 198). Statement 2 is incorrect; the Legislative Council cannot reject a Money Bill; it can only make recommendations (Art 198). Statement 3 is correct (Art 199).
Original Descriptive Questions for Mains
1. "The Governor's power to reserve bills for the President's consideration (Article 200) serves as a critical check on state legislative autonomy, often becoming a point of contention in Centre-State relations." Analyze this statement, citing recent examples and suggesting measures to ensure constitutional harmony.
Key Points/Structure:
- Introduction: Briefly explain Article 200 and 201, highlighting the Governor's power to reserve bills.
- Analysis of "Critical Check": Explain how it allows the Union Executive (via President) to scrutinize state legislation. Discuss the types of bills that must/may be reserved (e.g., High Court's position, repugnancy to Central laws, national interest).
- "Point of Contention": Elaborate on how this power leads to friction. Discuss reasons like political motivations (different parties at Centre/State), undue delays, undermining legislative will, and impact on federalism.
- Recent Examples: Refer to recent cases of Governors in Tamil Nadu, Kerala, Punjab delaying/reserving bills and subsequent Supreme Court observations.
- Measures for Constitutional Harmony: Clear guidelines for Governor's discretionary powers (Sarkaria/Punchhi recommendations), fixed time limits for Governor/President to act on bills, promoting spirit of cooperative federalism, judicial review as a last resort.
- Conclusion: Summarize the delicate balance needed between constitutional checks and state autonomy for a healthy federal system.
2. Critically evaluate the relevance and effectiveness of Legislative Councils in states, given their limited powers in the legislative procedure. Do they truly serve as a valuable second chamber or are they an anachronism?
Key Points/Structure:
- Introduction: Briefly describe the concept of bicameralism at the state level and the constitutional provisions for Legislative Councils (Art 169). Mention the current states having Councils.
- Limited Powers: Detail the Council's restricted role for Ordinary Bills (4-month delay), Money Bills (14-day advisory), and the absence of joint sittings, illustrating the Assembly's supremacy.
- Arguments for Relevance (Valuable Second Chamber): Provides for sober second thought, prevents hasty legislation, represents diverse interests (teachers, graduates, local bodies), allows for inclusion of experts, provides platform for detailed scrutiny.
- Arguments against Relevance (Anachronism): Costly to maintain with limited utility, often seen as a house for political patronage, undemocratic due to indirect election/nomination, can delay legislative progress without significant impact, examples of states abolishing/proposing abolition.
- Conclusion: Offer a balanced perspective. Acknowledge theoretical benefits but highlight practical challenges and political misuse. Suggest reforms for enhancing effectiveness if they are to continue, or argue for their abolition if their purpose is no longer served.