The legislative procedure in the State Legislature of India involves several stages through which a bill passes before it becomes law. The State Legislature consists of two houses, the State Legislative Assembly (Vidhan Sabha) and, in states with bicameral legislatures, the State Legislative Council (Vidhan Parishad).
1. Introduction of a Bill:
- Bills can be introduced in either house of the State Legislature. Members, including ministers, can propose bills, and these can pertain to a variety of subjects within the legislative competence of the state.
2. First Reading:
- The first reading involves the formal presentation of the bill. Members receive copies of the bill, and its title is read out. There is no debate at this stage.
3. Reference to Committee (Optional):
- In some cases, especially in bicameral legislatures, bills may be referred to committees for detailed examination before the second reading. Committees may include subject-specific committees or select committees.
4. Second Reading:
- The second reading involves a detailed examination of the bill. Members have the opportunity to discuss its general principles and provisions. A debate takes place, and members may suggest amendments.
5. Consideration in Detail (Committee Stage):
- If the bill is not already examined by a committee, detailed consideration takes place during this stage. Members go through the bill clause by clause, and amendments can be proposed and debated.
6. Report Stage:
- After the committee stage, the bill is reported back to the house with or without amendments. Members can further debate and make amendments during the report stage.
7. Third Reading:
- The third reading involves a final debate on the contents of the bill. Members can discuss the bill as a whole, but no further amendments can be made at this stage. A vote is taken at the end of the debate.
8. Transmission to the Other House (Bicameral Legislatures):
- In bicameral legislatures, if the bill is passed in one house, it is transmitted to the other house for consideration.
9. Consideration in the Other House:
- The other house goes through a similar process of introduction, readings, committee stage, report stage, and third reading. Amendments made by the other house are considered.
10. Concurrence or Disagreement (Bicameral Legislatures):
If the other house agrees with the bill without amendments, it is sent to the Governor for assent. If there are disagreements, the bill may go through a process of negotiation between the houses.
11. Assent by the Governor:
Once both houses agree on the final version of the bill, it is sent to the Governor for assent. The Governor may give assent, withhold assent, or reserve the bill for the President’s consideration.
12. President’s Consideration (If Necessary):
If the Governor reserves the bill for the President’s consideration, the President may give assent, withhold assent, or send it back for reconsideration.
13. Bill Becomes Law:
Once the Governor or President gives assent, the bill becomes law and is known as an act. It is published in the official gazette and comes into effect on a date specified in the act or notified by the government.
14. Implementation and Rules:
After the bill becomes law, the government may issue notifications, frame rules, and take necessary steps for the implementation of the new law.
15. Post-Legislative Scrutiny (Optional):
Some legislatures may have mechanisms for post-legislative scrutiny to review the impact and implementation of laws.
It’s important to note that the legislative procedure may vary slightly between states, and the process is adapted based on the specific rules and procedures of each legislative assembly and council. Additionally, not all bills go through each stage; for example, money bills have special procedures.
