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Comparing Legislative Procedure in the Parliament and State Legislature

7/7/2019

 
Parliament
A. With Regard to Ordinary Bills
 
1. It can be introduced in either House of the Parliament.
2. It can be introduced either by a minister or by a private member.
3. It passes through first reading, second reading and third reading in the originating House.
4. It is deemed to have been passed by the Parliament only when both the Houses have agreed to it, either with or without amendments.
5. A deadlock between the two Houses takes place when the second House, after receiving a bill passed by the first House, rejects the bill or proposes amendments that are not acceptable to the first House or does not pass the bill within six months.
6. The Constitution provides for the mechanism of joint sitting of two Houses of the Parliament to resolve a deadlock between them over the passage of a bill.
7. The Lok Sabha cannot override the Rajya Sabha by passing the bill for the second time and vice versa. A joint sitting is the only way to resolve a deadlock between the two Houses.
8. The mechanism of joint sitting for resolving a deadlock applies to a bill whether originating in the Lok Sabha or the Rajya Sabha. If a joint sitting is not summoned by the president, the bill ends and becomes dead.
B. With Regard to Money Bills ​
1. It can be introduced only in the Lok Sabha and not in the Rajya Sabha.
2. It can be introduced only on the recommendation of the president.
3. It can be introduced only by a minister and not by a private member.
4. It cannot be rejected or amended by the Rajya Sabha. It should be returned to the Lok Sabha within 14 days, either with or without recommendations.
5. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha.
6. If the Lok Sabha accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form.
7. If the Lok Sabha does not accept any recommendation, the bill is then deemed to have been passed by both the Houses in the form originally passed by the Lok Sabha without any change.
8. If the Rajya Sabha does not return the bill to the Lok Sabha within 14 days, the bill is deemed to have been passed by both the Houses at the expiration of the said period in the form originally passed by the Lok Sabha.
9. The Constitution does not provide for the resolution of any deadlock between the two Houses. This is because, the will of the Lok Sabha is made to prevail over that of the Rajya Sabha, if the latter does not agree to the bill passed by the former.

State Legislature
A. With Regard to Ordinary Bills
1. It can be introduced in either House of the state legislature.
2. It can be introduced either by a minister or by private member.
3. It passes through first reading, second reading and third reading in the orginating House.
4. It is deemed to have been passed by the state legislature only when both the Houses have agreed to it, either with or without amendments.
5. A deadlock between the two Houses takes place
when the legislative council, after receiving a bill
passed by the legislative assembly, rejects the bill
or proposes amendments that are not acceptable to
the legislative assembly or does not pass the bill
within three months.
6. The Constitution does not provide for the
mechanism of joint sitting of two Houses of the
state legislature to resolve a deadlock between
them over the passage of a bill.
7. The legislative assembly can override the
legislative council by passing the bill for the
second time and not vice versa. When a bill is
passed by the assembly for the second time and
transmitted to the legislative council, if the
legislative council rejects the bill again, or
porposes amendments that are not acceptable to
the legislative assembly, or does not pass the bill
within one month, then the bill is deemed to have
been passed by both the Houses in the form in
which it was passed by the legislative assembly for
the second time.
8. The mechanism of passing the bill for the second time to resolve a deadlock applies to a bill originating in the legislative assembly only. When a bill, which has originated in the legislative council and sent to the legislative assembly, is rejected by the latter, the bill ends and becomes dead
B. With Regard to Money Bills​
1. It can be introduced only in the legislative assembly and not in the legislative council.
2. It can be introduced only on the recommendation of the governor.
3. It can be introduced only by a minister and not by a private member.
4. It cannot be rejected or amended by the legislative council. It should be returned to the legislative assembly within 14 days, either with or without amendments.
5. The legislative assembly can either accept or reject all or any of the recommendations of the legislative council.
6. If the legislative assembly accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form.
7. If the legislative assembly does not accept any recommendation, the bill is then deemed to have been passed by both the Houses in the form originally passed by the legislative assembly without any change.
8. If the legislative council does not return the bill to the legislative assembly within 14 days, the bill is deemed to have been passed by both the Houses at the expiration of the said period in the form originally passed by the legislative assembly.
9. The Constitution does not provide for the
resolution of any deadlock between the two Houses.
This is because, the will of the legislative assembly
is made to prevail over that of legislative council, if
the latter does not agree to the bill passed by the
former.






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