Legislative Procedure of State

The procedure of legislation followed in the State Legislature of a state is broadly similar to that in Parliament except:

Restrictions on Powers of Legislative Council-Deadlock the Houses (Article 197)

Where the Legislature of a State has a Legislative Council deadlock in the two Houses may result on a non-Money Bill.

In the case of Union Parliament, Article 108 prescribes the procedure for resolving a deadlock in the two Houses of Parliament. For this, a joint sitting of the two Houses may be summoned by the President.

There is no provision for holding a joint sitting of the Houses of the State Legislature for resolving a deadlock, a conflict in two houses on money bill.

Strictly speaking there cannot be a deadlock in the two Houses of the State Legislature. State Legislative Council does not enjoy equal powers in respect of passing money Bill as exercised by the Rajya Sabha in the case of a Union bill.

The power to resolve the conflict in the two Houses is vested with the Legislative Assembly itself. In regard to non-money Bill which originates in the Legislative Assembly and having been passed by it, transmitted to the Legislative Council. Article 197 provides the following cases of conflict in the two Houses of State Legislature:

1. Bill having been passed by the Legislative Assembly is rejected by the Legislative Council
2. Bill having been passed by the Legislative Assembly is passed by the Legislative Council with amendments the Legislative Assembly does not accept all or any such amendments recommended by the Legislative Council
3. Bill having been passed by the Legislative Assembly and sent to the Council, is not returned by the Legislative Council within three months of its receipt in the Council.

In all the above three events, Article 197 provides that the Legislative Assembly may reconsider that Bill in the same or in any subsequent Session. If the Assembly passes the Bill again with or without the amendments suggested or agreed to by the Legislative Council, then the Bill shall be transmitted to the Legislative Council for the second time.

Clause (2) of Article 197 declares that the Bill having been passed for the second time by the Legislative Assembly and transmitted to the Legislative Council shall be deemed to have been passed by both the Houses of the State Legislature in the form in which it was passed by the Assembly for the second time with such amendments, if any, as have been made or suggested by the Council and agreed to by the Legislative Assembly:

1. Even if the Bill is rejected by the Council
2. If the Bill is not returned by the Council within one month of its receipt therein; or 
3. If the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree.

Procedure in Financial Matters (Articles 202 To 207)

In financial matters, the procedure starts with the presentation of the Legislature of the State. It completes with the passing of the Annual appropriation act. All the other procedures are similar to the budget of Union.

General Procedure

Rules of Procedure (Article 208):

• Clause (1) of article 208 confers power on each house of the state legislature subject to the provisions of the Constitution, to make rules for regulating its procedure and the conduct of its business. 
• Until rules are made under Clause (1), the rules and standing Orders to force immediately before the commencement of the Constitution, shall have effect, but subject to modifications and adaptations made by the Speaker of or the Chairman of the Legislative Council, as the case may be.
• Clause (3) of Article 208 provides that where a State has a Legislative Council, the rules as to the procedure, with respect to communications ween the two Houses, may be made by the Governor, after consultation with the Speaker of the Assembly and the Chairman of the Legislative council.

Rules of Procedure in Financial Matters (Article 209) 

Article 209 confers power on the Legislature of the State to regulate by law, the procedure of and the conduct of business in the House or Houses fits State Legislature in relation to financial matters.

Language to be used in the Legislature (Article 210):

• Clause (1) of Article 210 provides that the business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English. It is, however, subjected to the provisions of Article 348 relating to language of the Supreme Court and the High Court.
• However, the Presiding Officer of a House may permit any member, who cannot adequately express himself in any such languages, to address the House in his mother tongue.

Restriction on Discussion in the Legislature (Article 211) 

Article 211 provides that no discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. This provision incorporated with a view to secure independence of judiciary.

Irregularity of Procedure in the Legislature (Article 212): 

• Clause (1) of Article 212 declares that the validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure.
• Clause (2) of this Article confers immunity on the Officers and members of the Legislature in whom powers are vested by or under the Constitution for regulating the procedure or the conduct of business, or for maintaining order in the Legislature. They shall not be subject to the jurisdiction of any court in respect of the exercise by them of those powers.
• However, the High Court, in the exercise of its supervisory jurisdiction under Article 227, might interfere in case of breach of Fundamental Rights of persons, by the Members or Speaker of the House.