Examveda

In case of a deadlock over an Ordinary Bill between two Houses in a State Legislature, the Bill is deemed to have been passed:

A. After the Bill has been passed for the second time by the Legislative Assembly and more than three months elapse from the date on which the Bill is laid for the second time before the Legislative Council without the Bill being passed by it

B. After the Bill has been passed for the second time by the Legislative Assembly and more than one month elapses from the date on which the Bill is laid for the second time before the Legislative Council without the Bill being passed by it

C. After the Bill has been passed for the second time by the Legislative Assembly and more than six months elapse from the date on which the Bill is laid for the second time before the Legislative Council without the Bill being passed by it

D. Only in the form in which it is passed in the joint sitting of both the Houses of the State Legislature

Answer: Option B


This Question Belongs to Law >> Constitution Of India

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Comments (1)

  1. Spandan Choudhary
    Spandan Choudhary:
    1 year ago

    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 h
    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
    council, the bill is deemed tc
    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.

    Moreover, when a bill, which
    has originated in the council
    and was sent to the assemb
    is rejected by the assembly,
    the bill ends and becomes
    dead.

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