Legislative Process in States

There is hardly anything special with respect to the conduct of the business in state legislatures and it is almost same as that of process in Lok Sabha. Most of the articles are same even in verbatim. Some important points are as follows:

• The state legislature must meet at least twice a year and the interval between the any two sessions of the legislature should not exceed 6 months.
• The new session begins with the opening address by the Governor , in which the Governor outlines the policy of the state Government.
• This address is then debated and then a resolution is passed for thanks to Governor. During this debate, the opposition parties get opportunity to criticize the policy of the Government.
• Every bill except Money Bill can be introduced in either house of the legislature.
• The same process as we discussed in Union legislative process is followed and the bill is passed after third reading.
• After passing, the bill goes to Governor for assent. Here 4 courses of action arise for the Bill:
• The Governor gives assent to bill and it becomes an act
• Governor withholds the assent
• Governor returns the bill (provided it is NOT a money Bill)
• Reserve the bill for consideration of the President
• The Governor may send a bill back. If the legislature again sends the bill after passing it again, Governor cannot withhold the assent.
• However, a Governor may reserve assent for consideration of the President.
• Please note that President is NOT bound to give assent even if a bill is passed for second time in the State legislature.

Bill, State Legislature and President

Please not that Governor may not return the money money bills however he can withhold assent to a Money bill. However, in case of other bills, when the bill reserved by the Governor and sent to the President, President may give assent or withhold it.

The president can also direct the Governor of the state to send back the bill to the state legislature for reconsideration. The state legislature, in this case will have 6 months for re-passing the bill.

And after re-passing, it is NOT sent to the Governor again but sent to the President directly. Still the President is NOT obliged to give assent. However, if President thinks is alright, then may go for advisory jurisdiction of the Supreme Court.

Law making Powers of the State Legislatures

• State Legislature can make laws on the subjects which are in the state list as well as concurrent list.
• However, if its own law on subjects from the concurrent list should not conflict with the Union Laws. If there is a conflict, the law passed by the Union shall prevail.
• State Legislature exercises the complete control of the finances and no taxes can be levied or expenditure incurred without the approval of the state legislatures.