Indian Constitution
General Knowledge

Comparison of Legislative Procedures between Bi-cameral State Legislature and the Parliament

Comparison of Legislative Procedures between Bi-cameral State Legislature and the Parliament

» For Money Bills, the position is the same.
» For other Bills the only power of the Council is to interpose a delay of 3 months. In case of disagreement, the Bill is second time referred to the Legislative Council and this time the Council has no power to withhold the Bill for more than a month {Ref.: Art. 197(2)(b)}.

Governor's Power of Veto

When a Bill is presented before the Governor after its approval by the Houses of the Legislature, the Governor can :
  ★ Declare his assent to the Bill, in that case it would become law at once.
  ★ Declare that he withholds his assent to the Bill, such a Bill fails to become a law.
  ★ Declare that he withholds his assent to the Bill (other than a Money Bill) and the Bill is returned with a message.
  ★ Reserve a Bill for the consideration of the President. Such reserving is compulsory where the law in question would derogate the powers of the High Court.

Power of Governor to Promulgate Ordinances

» The Governor can promulgate Ordinance only when the Legislature, or both Houses there of, are not in session.
» It must be exercised with the aid and advice of the Council of Ministers.
» The Ordinance must be laid before the State Legislature when it reassembles.
» An Ordinance ceases to have effect after 6 weeks from the date of re-assembly, unless disapproved earlier by that Legislature.
» The Governor himself is competent to withdraw the Ordinance at any time.
» The scope of the Ordinance-promulgating power of the Governor is confined to the subjects in Lists II and III of the Seventh Schedule.
» Governor cannot promulgate Ordinances without instructions from the President if:
  ★ A Bill containing the same provisions would require previous sanction of the President.
  ★ Bill is required to be reserved for consideration of the President.

Privileges of State Legislature

» Privileges of State Legislature are similar to those of Union Parliament.
» Each House of the State Legislature can punish for breach of its privileges or for contempt.
» Each House is the sole judge of the question whether any of its privileges has been infringed. Court has no jurisdiction to interfere with the decision of the House on this point.
» No House of the Legislature can create any new privilege for itself. Court can determine whether the House possesses a particular privilege.