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BOOK: A MODEL OF NEW CONSTITUTION FOR INDIA
Legislative Procedure
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Legislative Procedure

142.     Provisions as to introduction and passing of Bills.

(1) Any Bill may originate in either House of Legislature of a State.

(2) A Bill is placed and pending before either House of Legislature of a State, never lapses for any reason whatsoever, unless such House passes a resolution to that effect.

(3) Any Bill, other than Money Bills, shall be passed by the clear majority of the membership in both Houses of Legislature of a State.

(4) Any Bill passed by consensus of both Houses of Legislature of a State, Governor shall assent such Bill immediately, unless he has any doubts regarding consensus.

(Consensus means at least ninety percentage of the member strength should present and shall vote in favour of such Bill, in each House.)

(5) If Governor having any doubts about consensus, he can direct for joint sitting of both Houses to reconsider the Bill. Such joint meeting shall be presiding by the Chief Justice of High Court having jurisdiction over the State.

 

143.   Joint sitting of both Houses in certain cases.

(1)     If after a Bill has been passed by one House and transmitted to the other House-

(a)     the Bill is rejected by the other House; or

(b)     the Houses have finally disagreed as to the amendments to be made in the Bill; or

            more than one hundred working days of the Legislature of a State elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the Governor shall notify to the Houses to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:

Provided that nothing in this clause shall apply to a Money Bill.

(2)  Once a joint sitting of the both Houses of Legislature of a State is notified, neither House shall proceed further with the subject matter of the notification.  

(3) When any Bill is passed by the State Assembly, but rejected by the State Council, Bill shall be passed or rejected without any amendments, in such joint meeting of both Houses.

(1)     When any Bill is passed by the State Council but rejected by the State Assembly, Bill, if not rejected, can be passed with amendments, in such joint meeting of both Houses.

 

144.  Annual financial Statements.

(1)      The Governor shall in respect of every financial year cause to be laid before both the Houses of State Legislature a statement of the estimated receipts and expenditure of the State Government for that year, in this Part referred to as the "annual financial statement".

(2)     The estimates of expenditure embodied in the annual financial statement shall show separately-

(a)     the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of State; and

(b)     the sums required to meet other expenditure proposed to be made from the Consolidated Fund of State;

and shall distinguish expenditure on revenue account from other expenditure.

(3)      The following expenditure shall be expenditure charged on the Consolidated Fund of State:-

(a)     the emoluments, salaries, allowances and pensions payable by the State Government to the persons holds any Constitutional Office referred under this Constitution;

(b)     the expenditures under the Constitutional obligation of the State Government;

(c)     debt charges for which the State Government is liable including interest, sinking fund charges, and redemption charges, and other expenditure relating to the raising of loans in public interest and the service and redemption of debt;

(d)     any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;

(e)     any other expenditure declared by this Constitution or by Parliament or by State Legislature by law to be so charged.

 

145.      Money Bills.

(1) A Money Bill shall be introduced only in the Legislative Assembly of a State.

(2)  A copy of the Money Bill shall be tabled in the Council.

(3) Once a Money Bill is introduced in the Legislative Assembly of a State the Government of the State shall be entitled to act accordingly.

(4)     State Legislative Council, can make, within clear 30 days from the date of tabling of the Bill before it, any suggestion in respect of the Money Bill, whether or not the State Legislative Assembly accepts it. The Deputy Chairman of the State Legislative Council to the Speaker of State Legislative Assembly shall inform such suggestions.

(5)     Legislative Assembly of a State can make amendments, in the Money Bills, with the clear majority of its the then all members.

 

146.      Definition of the "Money Bills"

(1)           For the purpose of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely-

(a)     the imposition, abolition, remission, alteration or regulation of any tax:

(b)     the regulation of the borrowing of money or the giving of any guarantee by the State Government, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State;

Provided that the total amount of the obligations under this sub-clause shall not be more than double of the assets of the State Government.

(c)     the custody of the Consolidated Fund or the Contingency Fund of State, the payment of moneys into or the withdrawal of moneys from any such Fund;

(d)     the appropriation of moneys out of the Consolidated Fund of State;

(e)     the declaring of any expenditure to be expenditure charged on the Consolidated Fund of State or the increasing of the amount of any such expenditure;

(f)      the receipt of money on account of the Consolidated Fund of State or the public account of State or the custody or issue of such money; or

(g)     any matter incidental to any of the matters specified in sub-clauses (a) to (f).

(h)     All details in the Money Bills shall be in clear terms with separate account numbers for separate expenditures and no money shall be spent from one account for any other purposes.

(i)       A Money Bill shall be introduced by the State through its Finance Minister.

(j)       A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.  

(k)     If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker shall be final.

(l)       There shall be endorsed on every Money Bill when it is presented to the Governor for assent, the certificate of the Speaker signed by him that it is a Money Bill.

 

147.     Assent to Bills.

(1)     When a Bill is passed by the both Houses of the State Legislature, under consensus of the members, as defined in the Constitution the terms of consent, the Governor after receipt for assent, immediately shall give his assent to it, unless he has some doubts about the consensus in the both Houses of the State Legislature.

(2)     When the State Legislative Assembly passes any Money Bill, the Governor shall assent it as soon as possible after the presentation to him.

(3)     Any other Bill has been passed by the both Houses of the State Legislature, it shall be presented to the Governor, and within ten days, Governor shall declare that he assents to the Bill or that he return the Bill with a message requesting that they will reconsider the Bill or any specific provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent thereof.      

(4)     If Governor fail to give his assent or return the Bill under clause (3), within Ten days, Bill shall enacted and become effective as Law.

 

148.   Procedure in State Legislature with respect to estimates.

(1)     So much of the estimates as relates to expenditure charged upon the Consolidated Fund of State shall not be submitted to the vote of State Legislature, but nothing in this clause shall be construed as preventing the discussion in either House of State Legislature of any of those estimates.

(2)     So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the State Legislative Assembly, and the State Legislative Assembly shall have power to refuse to assent, to any demand or to reduce the grants of the amounts specified therein by the majority of the then all members of the State Legislative Assembly, otherwise it shall deemed as grant of such expenditures.

(3)     No demand for a grant shall be made except on the recommendation of the Governor. 

 

149.   Appropriation Bills.

(1)     As soon as may be after the grants have been made by the State Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of State of all moneys required to meet-

(a)     the grants so made by the State Legislative Assembly; and

(b)     the expenditure charged on the Consolidated Fund of State but not exceeding in any case the amount shown in the statement previously laid before State Legislative Assembly.

(2)     No amendment shall be proposed to any such Bill in either House of State Legislature which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of State, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.

(3)     Subject to the provisions under this Constitution for Supplementary, additional or excess grants or for Votes on account, votes of credit and exceptional grants, no money shall be withdrawn from the Consolidated Fund of State except under appropriation made by law passed in accordance with the provisions of this article.    

 

150.    Supplementary, additional or excess grants.

(1)      The Governor shall-

(a)     if the amount authorised by any law made in accordance with the provisions for appropriation Bills to be extended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new services not contemplated in the annual financial statement for that year, or

(b)     if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,

cause to be laid before the State Legislature another statement showing estimated amount of that expenditure or cause to be presented to the State Legislature a demand for such excess, as the case may be.

(2)     The provisions relating to annual financial statement, procedure in respects to estimates and appropriation Bills shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of State to meet such expenditure or grant.

 

151.       Votes on account, votes of credit and exceptional grants.

(1)     The State Government have powers-

(a)     to place a statement for vote on account before State Legislative Assembly for any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the related procedure prescribed under this Chapter, for the voting of such grant and the passing of the law in accordance with the provisions for appropriation Bill in relation to that expenditure;

(b)     to place a statement for grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude of the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;

(c)     to place a statement for an exception grant which forms no part of the current service of any financial year;

(1)     State Legislative Council shall have powers to make any suggestions to State Legislative Assembly within three working days from the presentation of such statement;

(2)     the State Legislative Assembly shall have power to refuse within seven working days from the presentation of such statement to assent, to any demand or to reduce the grants of the amounts specified therein by the majority of the then all members of the State Legislative Assembly, otherwise it shall be deemed assent.

(3)     The provisions with respect estimates and appropriation Bill shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of Consolidated Fund of State to meet such expenditure.

 

152.    Special provision as to financial Bills.

(1)      A Bill for any of the matters pertaining to Money Bills shall not be introduced or moved except on the recommendation of the Governor and shall be introduced before State Legislative Assembly only.

(2)     A Bill shall make clear provision for any of the matters aforesaid by the reasons for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3)     A Bill introduced before the State Legislative Assembly on the recommendation from the Governor, if enacted without any amendment and brought into operation, and would involved expenditure from the Consolidated Fund of State such recommendation of the Governor shall be deemed assent.    

 

153.    Rules of procedure.

(1)      Each House of State Legislature shall make rules for regulating, subject to the provisions of this Constitution, its procedure and conduct of its business, with the majority of seventy percentages of all members of each House.

(2)      Until rules are made under clause (1), the Governor, after consultation with the Chairman of the State Legislative Council and Speaker of the State Legislative Assembly, may make rules as to the procedure and conduct of the business of each House.

(3)     The Governor, after consultation with the Chairman of the State Legislature Council and Speaker of the State Legislative Assembly, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.

 

154.    Regulation by law of procedure in State Legislature in relation to financial business.

(1)                      State Legislature shall make law by framing appropriate Rules for timely completion of the financial business, regulated by law the procedure of, and the conduct of business in, each House of State Legislature in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of State.    

 

155.    Language to be used in State Legislature.

(1)     Any member can address the respective Houses in his mother tongue, provided such language is used by a population of more than ten percentage of such State-, with prior information to and permission from the Chairman of the State Legislative Council or Speaker of the State Legislative Assembly, as the case may be.

(2)     Any member can address the respective Houses in his mother tongue, provided such language is used by a population of more than ten percentage of such State-, with prior information to the Chairman of the State Legislative Council or Speaker of the State Legislative Assembly, as the case may be, provided more than ten percentages of the Members of such House request for use of such language.

(3)     Any member can give his address in Hindi or State Language, without prior information to and permission from the Chairman of the State Legislative Council or Speaker of the State Legislative Assembly.

 

156.    Restriction on discussion in State Legislature.

 No discussion shall take place in State Legislature, with respect to the conduct of any Judge of the Supreme Court or of a High Court or member of National Judicial Commission or Chairman of Law Commission of Bharat, Commissioners of the Election Commission of Bharat in the discharge of his duties.

 

157.    Courts not to inquire into proceedings of State Legislature.

(1)     The validity of any proceedings in State Legislature shall not be called in question before any court.

(2)     Provision under clause (1) does not prevent any court to proceed with any criminal proceeding against any member of State Legislature.

 

158.     Power of Governor to promulgate Ordinances during recess of State Legislature.

(1)      The Governor if satisfied that circumstances so, exists which, render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

(2)     The Governor shall satisfy himself that the proposed Ordinance is in accordance with the provisions of the Constitution.

(3)     The Governor shall satisfied himself before promulgation of any Ordinance that State Legislature may pass a Bill in accordance with the provisions of the Constitution to substitute such Ordinance, within six months from the date of the Ordinance.

(4)     In any case, State Legislature not pass a Bill under clause (2), within such period the same shall be ceased to operate on expiry of such period of six months or from the date of rejection of Bill, if rejected by the State Legislature.

(5)     Ordinance shall made clear provisions that in case State Legislature rejects or not pass a Bill to substitute such Ordinance, what will be force and effect of the Ordinance in respect of the period during which Ordinance shall be operative.    

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