Describe the procedure of law making in State Legislature.
The procedure of law making in the State Legislature is the following:
1. Introduction of the Bill: An Ordinary Bill can be introduced in either House of Legislature. It can also be introduced by a private member of the Legislature. The Money Bill can only be introduced in the Legislature Assembly by the Ministers. A private member is to give a month’s notice for the introduction of the Bill and for this purpose a day is fixed in the programme of House. On the fixed date mover of the Bill asks for the permission of the House to move the bill which is only a formality. After getting the permission of the Bill and the Bill published in the Government Gazette. The Ministers are not bound to give a notice for the introduction of the Bill and they can get the Bill published in the Gazette in no time.
2. First Reading: Sometimes there is a first reading of the Bill just after the introduction stage. Sometimes another date is fixed for the first reading of the Bill. On the fixed date the mover of the Bill stands up at his seat and requests that the Bill be read for first time. On getting the permission of the House he explains the main principles and objects of the bill. After this other members of the House express their opinions in favour or against the Bill. The Bill at this stage is not debated. Then the mover of the Bill puts a resolution that the Bill be sent to a Select Committee. If this request of the mover of the Bill is not opposed to, the Bill is sent to the Select Committee, if it is opposed to it, it is sent to press for eliciting public opinion. It can also be put to vote and if the majority of the members is against the Bill, it is rejected.
3. Select Committee: The Bill is sent to the Select Committee if it is rejected at the first reading. The Committee consist of nearly 20 members which are taken from among the members of the House. The Bill which is published for eliciting public opinion is also sent to the Select Committee, the Select Committee discusses the Bill in detail and debates the merits and demerits of the Bill. The Committee can suggest amendments in the provisions and clauses of the Bill. After discussing the Bill thoroughly the Committee prepares its report in favour or against the Bill or suggests some amendments in the Bill. While preparing the report the Committee takes into consideration public opinion also. Then the Committee sends its report to the House.
4. Second Reading: The report of the Select Committee is discussed on a fixed date. The mover of the Bill on the fixed date requests the House that the report of the Select Committee may be discussed. The Bill is discussed in detail in the House. The views of the Select Committee on all clauses are discussed. Amendments in the Bill can be suggested by the Select Committee. After the Bill is thoroughly discussed, the opinion of the House is sought on each clause amendment or proposals are also put to vote. The Bill is passed according to the view point of the majority of the members.
5. Third Reading: A day is fixed for the third reading of the Bill. Only verbal suggestions can be made in the third reading. The proposals for change in the wording of the Bill can be given. The entire Bill is put to vote at this stage and it is either rejected or passed. The entire Bill passed in the third reading means that the Bill has been passed by one House.
Bill in the Second House: Where there is no upper chamber in a State, the Bill is passed by the Legislative Assembly and is sent to the Governor for his assent. Money Bill can only be introduced in the Legislative Assembly and after it is passed by the Assembly it is sent to the Legislative Council. The Legislative Council may reject a Money Bill or make such certain amendments which may not be acceptable to the House or may delay its passage for 14 days without taking any action against it. In all these situations the Bill is considered passed by the Legislative Council.
If Non-Money Bill is introduced and passed in the Legislative Council, it is sent to the Legislative Assembly. It cannot become a law unless it is passed by the Legislative Assembly. But a Bill which is passed by the Legislative Assembly cannot be completely rejected by the Legislative Council. The Legislative Council may reject the Bill or may suggest some amendments which may not be acceptable to the Legislative Assembly as may not take any action over it for 3 months. In all these cases that Legislative Assembly can pass the Bill for the second time. After the Bill is passed for the second time by the Legislative Assembly it is sent to the Council. Legislative Council may reject the Bill, may suggest certain amendments which may not be acceptable to the Legislative Assembly, or may not take any action over it within one month. In all these cases it is considered passed by the Legislative Council and is sent to the Governor for his assent.
The Bill is to pass through all the stages in the second chamber through which it has passed in the first chamber.
Assent of Governor: After the Bill is passed by both the Houses it is sent to Governor for his assent. He cannot refuse to give his assent to the Money Bill. In case of an Ordinary Bill he give his assent, or he may reserve it for the consideration of the President or he may reject it. If the Governor feels that the public opinion is against the Bill. He can use the veto power. If the Legislature passes the Bill for second time, the Governor is bound to give his assent to it.