1.

Consider the following statements with reference to Legislative procedure in the State Legislature.1. The ultimate power of passing an ordinary bill is vested in the assembly.2. In the face of disagreement, the Constitution provides for the mechanism of a joint sitting of both Houses to resolve the disagreement between the two Houses over a bill.3. When a bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, the bill ends and becomes dead.Which of the statements given above is/are correct?1. 1 and 2 only2. 1 and 3 only3. 3 only4. 2 and 3 only

Answer» Correct Answer - Option 2 : 1 and 3 only

The correct answer is 1 and 3 only.

  • An ordinary bill can originate in either House of the state legislature (in case of a bicameral legislature).
    • Such a bill can be introduced either by a minister or by any other member.
    • The bill passes through three stages in the originating House, viz, 1. The first reading, 2. The second reading, and 3. Third reading.
    • After the bill is passed by the originating House, it is transmitted to the second House for consideration and passage.
    • A bill is deemed to have been passed by the state legislature only when both the Houses have agreed to it, either with or without amendments.
    • In case of a unicameral legislature, a bill passed by the legislative assembly is sent directly to the governor for his assent. 
  • In the second House also, the bill passes through all the three stages, that is, first reading, second reading, and third reading.
    • When a bill is passed by the legislative assembly and transmitted to the legislative council, the latter has four alternatives before it:
      1. it may pass the bill as sent by the assembly (i.e. without amendments);
      2. it may pass the bill with amendments and return it to the assembly for reconsideration;
      3. it may reject the bill altogether; and
      4. it may not take any action and thus keep the bill pending.
    • If the council passes the bill without amendments or the assembly accepts the amendments suggested by the council, the bill is deemed to have been passed by both the Houses, and the same is sent to the governor for his assent.
    • On the other hand, if the assembly rejects the amendments suggested by the council or the council rejects the bill altogether or the council does not take any action for three months, then the assembly may pass the bill again and transmit the same to the council.
    • If the council rejects the bill again or passes the bill with amendments not acceptable to the 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 assembly for the second time.

  • Therefore, the ultimate power of passing an ordinary bill is vested in the assembly. Hence, statement 1 is correct.
    • At most, the council can detain or delay the bill for a period of four months—three months in the first instance and one month in the second instance.
    • The Constitution does not provide for the mechanism of a joint sitting of both the Houses to resolve the disagreement between the two Houses over a bill. Hence, statement 2 is NOT correct.
    • Moreover, when a bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, the bill ends and becomes dead. Hence, statement 3 is correct.


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