Q. With reference to the State Legislatures in India, consider the following statements:
1. There are no provisions for Joint Sittings of the house for the passage of the bill.
2. No Bills can originate in the Legislative Council.
3. The Legislative Council can only delay a Bill and not prevent its passage.
How many statements given above are correct?
Exp) Option b is the correct answer.
Article 196 in Part VI of the Constitution as well as the Rules of Procedure the House deal with the legislative procedures in a State Legislature. These provisions decide how a Bill is to be introduced and passed in the State Legislature
Statement 1 is correct: Unlike the Parliament, the Constitution does not make any provisions allowing the Speaker to convene a Joint Sitting of both the Houses of the State Legislature (Assembly and Council). This is because the procedure for passage of a Bill in State Legislature is such that there is no occasion of a deadlock occurring, hence there is no need of a Joint Session.
Statement 2 is incorrect: Just like in the Parliament, an Ordinary Bill can originate in either House of the State Legislature. So this statement is incorrect as an Ordinary Bill can originate in the Legislative Council.
Statement 3 is correct: The Upper House of the State Legislature, (the Legislative Council) has lesser power than the Lower House of the State Legislature (Legislative Assembly) with respect to the passage of an Ordinary Bill. When sent by the Assembly to the Council, the Council can only suggest amendments. Exp) Option a is the correct answer. Article 194 of the Constitution provides for the special rights, immunities and exemptions enjoyed by the members of the State Legislature individually, as well as collectively in order to secure their effectiveness and independence in the discharge of their responsibilities.
Option 1 is correct: As a part of the Collective Privileges conferred by the constitution on the Houses of the State Legislature, the Houses are entitled to bar strangers from its proceedings and hold secret meetings on sensitive matters.
Option 2 is correct: As a part of the Collective Privileges conferred by the constitution on the Houses of the State Legislature, the Houses are entitled to arrest (in addition to reprimanding) any person for its contempt. This also applies to a member of the House who has been found guilty of breach of privilege. Such a member may be reprimanded, suspended, expelled or imprisoned.
Option 3 is incorrect: One of the Individual Privileges conferred by the constitution on the members of the House is that they cannot be arrested while the session of the House is ongoing as well as for a period of 40 days preceding and after the session. However this privilege is applicable only in case of arrests for civil cases and not criminal cases or preventive detention.or without amendments. If the Council rejects this re-sent Bill, or suggests further amendments not accepted by the Assembly, the Bill still is deemed to have been passed. So it does not matter whether the Council approves of the Bill or not, the Bill can be passed according to the will of the Assembly. The Council can only delay it, or suggest some changes, that are up to the discretion of the Assembly to be included or rejected. Also it must be noted that if a Bill initiated by the Legislative Council is sent back by the Legislative Assembly with amendments that are not acceptable to the Council, the Bill ends there and then.