Comparison Between Parliament & State Legislature

 

COMPARISON BETWEEN PARLIAMENT & STATE LEGISLATURE ON ORDINARY BILLS

Parliament

  1. A Bill other than the Money Bill may be introduced in either House of Parliament.
  2. If such a Bill is passed in both Houses of Parliament with agreed modifications, the Bill is deemed to have been passed by Parliament.
  3. A Bill having being passed by one House should be passed by the other House within a period of 6 months or it should be rejected by the other House within that period.
  4. If a Bill passed by the one House is presented to the other House and the other House-

(i) rejects the Bill; or

(ii) passes with such modifications that are not acceptable to the other House,

(iii) nothing is done to the Bill for a period of six months, it means that the Houses are in disagreement,

  1. In the case of the disagreement the President convenes the Joint meeting of both the Houses and the decision of the joint Meeting is final.

State Legislature

  1. Also, a Bill other than the Money Bill may be introduced in either House of the State Legislature.
  2. If a Bill originates in the Legislative Council and the Legislative Assembly rejects the Bill or passes the Bill with such modifications which are not acceptable to the council, the Bill comes to an end. It should be noted that the both Houses do not have equal rights in this respect because if the Bill originates in the Assembly and passed by it and the Legislative Council rejects the Bills or suggests modifications not acceptable to the Assembly, the Bill does not come to an end.
  3. A Bill passed by the Legislative Assembly is sent to the Legislative Council, which should pass or reject within a period of three months.
  4. After a Bill having being passed by the Assembly is presented to the Legislative Council and the Council-

(i) rejects the Bill, or

(ii) passes the Bill with such modifications as are not acceptable to the other House, or

(iii) fails to do anything for a period of three months the Houses are deemed to be in disagreement, there is no provision for a joint meeting. The decision of the Legislative Assembly in this respect is final.

  1. In case of disagreement, there is no provision for a joint meeting. The decision of the Legislative Assembly in this respect is final.
  2. Clause by clause consideration: After the member in-charge has moved that the Bill be taken into consideration or where it had been referred to a committee that the Bill as reported by the committee be taken into consideration, the clause by clause consideration opens up and amendment to clause are admitted. The Presiding officer has the power to submit the Bill clause by clause. He calls each clause separately. When the amendments relating to the clause have been dealt with he puts the question ‘That Clause … stand part of the Bill’.

This stage is called the second reading.

  1. Passing of the Bill: When a Bill is passed by one House it is transmitted to the other House for concurrence. On receipt by the other House it is laid on the table. Any time after that, any Minister in the case of a government Bill may give notice of the intention to move that the Bill be taken into consideration. In the second House the Bill passes through all the stages except introduction. The second House may adopt any of the following courses.

(1) It may pass the Bill without amendments.

(2) It may pass the Bill with amendments.

If the originating House accepts the Bill as amended it is presented to the President for assent. If the originating House does not occur in the amendments and the disagreement is final the President may summon a joint sitting to resolve the deadlock (Art. 108).

(3) It may reject the Bill. This creates a deadlock and the President may summon a joint sitting to resolve it (Art. 108).

(4) It may keep the Bill lying and take no action. This may happen rarely because the government which has passed a Bill in one House will not allow it to be kept that way. But if it so happens and more than six months elapse from the date of reception of the Bill the President may resort to summoning a joint sitting.

  1. Authentication: When a Bill has been passed by both the Houses the Presiding officer (Speaker or Chairman) signs the Bill. If there are patent errors or by reason of some amendments being accepted the Bill requires consequential amendments, the Presiding officer has the power to correct such errors and make such amendments.
  2. Assent: The Bill duly authenticated by the Speaker or the Chairman is presented to the President for his assent.

The President may, —

(a) assent to the Bill. The Bill then becomes the Act.

(b) withhold his assent. The Bill then ends and does not become an Act.

(c) Return the Bill for reconsideration. If the Houses again pass the Bill with or without amendments and it is presented to the President he is obliged to give his assent (Art. 111).

COMPARISON BETWEEN AN ORDINARY BILL VS. MONEY BILL

Ordinary Bill

  1. It can be introduced either in the Lok Sabha or the Rajya Sabha.
  2. It can be introduced either by a minister or by a private member.
  3. It is introduced without the recommendation of the president.
  4. It can be amended or rejected by the Rajya Sabha.
  5. It can be detained by the Rajya Sabha for a maximum period of six months.
  6. It does not require the certification of the Speaker when transmitted to the Rajya Sabha (if it has originated in the Lok Sabha).
  7. It is sent for the president’s assent only after being approved by both the Houses. In case of a deadlock due to disagreement between the two Houses, a joint sitting of both the houses can be summoned by the president to resolve the deadlock.
  8. Its defeat in the Lok Sabha may lead to the resignation of the government (if it is introduced by a minister).
  9. It can be rejected, approved, or returned for reconsideration by the President

Money Bill

  1. It can be introduced only in the Lok Sabha and not in the Rajya Sabha.
  2. It can be introduced only by a minister.
  3. It can be introduced only on the recommendation of the president.
  4. It cannot be amended or rejected by the Rajya Sabha. The Rajya Sabha should return the bill with or without recommendations, which may be accepted or rejected by the Lok Sabha.
  5. It can be detained by the Rajya Sabha for a maximum period of 14 days only.
  6. It requires the certification of the Speaker when transmitted to the Rajya Sabha.
  7. It is sent for the president’s assent even if it is approved by only Lok Sabha. There is no chance of any disagreement between the two Houses and hence, there is no provision of joint sitting of both the Houses in this regard.
  8. Its defeat in the Lok Sabha leads to the resignation of the government.
  9. It can be rejected or approved but cannot be returned for reconsideration by the president.

Who is to decide the Character of a Bill

If any question arises whether a Bill is a Money Bill or not the decision of the Speaker of the Lok Sabha on it shall be final. The speaker has to endorse on every Money Bill.

(a) when it is transmitted to the Rajya Sabha and

(b) when it is presented to the President for his assent, a certificate that it is a Money Bill.

COMPARISON BETWEEN PUBLIC BILL VS PRIVATE BILL

Public Bill

  1. It is introduced in the Parliament by a minister.
  2. It reflects of the policies of the government (ruling party).
  3. It has greater chance to be approved by the Parliament.
  4. Its rejection by the House amounts to the expression of want of parliamentary confidence in the government and may lead to its resignation.
  5. Its introduction in the House requires seven days’ notice.
  6. It is drafted by the concerned department in consultation with the law department.

Private Bill

  1. It is introduced by any member of Parliament other than a minister.
  2. It reflects the stand of opposition party on public matter.
  3. It has lesser chance to be approved by the Parliament.
  4. Its rejection by the House has no implication on the parliamentary confidence in the government or its resignation.
  5. Its introduction in the House requires one month’s notice.
  6. Its drafting is the responsibility of the member concerned.

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