The procedure followed in both the houses to pass bills is the same. Stages involved in the passage of bills in the state legislature are similar to those in the parliament. Bills can be public bills (introduced by a minister) or private bills (introduced by any member other than a minister).

Ordinary Bills in State Legislatures

An ordinary bill can originate in either of the houses (in case of bicameral legislature). This bill can be introduced by the minister or any other member of the house. Ordinary bill passes through three stages in the originating House that is

• First Reading
• Second Reading
• Third Reading

(These stages are discussed in detail in the chapter on Union Legislature)

After the bill is passed in the originating house, it is transmitted to the second House (in case of bicameral legislature). It goes through the same stages in the second house too. 

However, the powers of the legislative assembly and that of legislative council differ in the passage of ordinary bills. Due to this, two scenarios may emerge depending on the origin of a bill-

Case-1: Legislative Council’s Role in Passing Ordinary Bills

If second house to which the bill is transferred is Legislative council, it has four alternatives-

1. It may pass the bill without any amendments. Such a bill is then sent to the Governor for their assent.
2. It may pass with amendments and return it to the assembly for reconsideration
   • If the Legislative Assembly accepts amendments, the bill is deemed to be passed and is sent to the Governor for their assent.
   • If legislative assembly rejects the amendments and passes the same bill again and transfers it to the Council,
     • The council may reject the bill again or pass the bill with amendments not acceptable to the assembly or It may choose to take no action on the bill for one month. In such cases, 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.
3. It rejects the bill altogether
4. It does not take any action for three months and keeps the bill pending.

In cases of last two alternatives, the assembly passes the bill again and transfers it 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, 
  • such a 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.

Case-2: Legislative Assembly’s Final Authority in Ordinary Bills

A bill originated and passed in the legislative council becomes dead if it is rejected by the legislative assembly.

Implications: The ultimate power of passing an ordinary bill is vested in the assembly. 

• A maximum 4 months delay: At the most, the council can detain or delay the bill for a period of four months i.e. three months in the first instance and one month in the second instance. 
• No Joint Sitting: The Constitution does not provide for the mechanism of joint sitting of both the Houses to resolve the disagreement between the two Houses over a bill.

Money Bill in State Legislatures

Under the Article 198 Constitution have mentioned Special procedure in respect of Money Bills

• Introduction: A Money Bill can only be introduced in the legislative assembly of a state.
• Role of legislative council: 
  • In case of a bicameral legislature, a money bill passed by the legislative assembly is transmitted to the legislative council for its recommendations after it is certified as such by the speaker of the legislative assembly. 
  • The legislative council must return the money bill to the legislative assembly within 14 days. The recommendations of the council may or may not be accepted by the legislative assembly. The bill is then sent for assent of the governor.
  • The council cannot reject the money bill.
• Definition: Definition of a money bill in the context of the state legislature is similar to that in the context of parliament.

Comparison of powers of Legislative Assembly and Legislative Council

Role of legislative councils: Critical analysis

The legislative councils serve as a revising house to some extent in the state legislature. However powers granted to the legislative councils are far inferior than those in case of the Rajya Sabha. The legislative councils being a broad-based body of representatives have the following utility- 

• Preventing hasty legislations: To keep a check on hasty, careless and ill-considered legislations made by the assembly so that council can spend some more time on the deliberations of different provisions of a bill and people get to know about it 
• Platform for experts: Eminent and experienced people in their fields who can not get elected directly in the state legislature may get elected in the council and bring their wisdom to the debates and proceedings of the state legislature.
• Diverse representation: Interests of the teachers, local bodies, graduates, etc. gets represented in the state legislature which helps in registering grievances faced by such sections of the society.

However, many critics argue that the legislative councils are ineffective and inefficient in fulfilling their role as a second house of the legislature. Some of the main criticisms are as follows-

• Ineffective: Many critics argue that legislative councils are ineffective in fulfilling their role as a deliberative body. They argue that the councils are dominated by the members of the ruling party and are not sufficiently independent to provide meaningful opposition. The nomination of members to the council by the governor is often based on partisan interests.
• Lack of Representation: Some critics argue that the councils are not representative of the population and do not accurately reflect the diversity of views and opinions within the state. This is due to the limited number of members, who are indirectly elected, and the fact that they are often chosen from a narrow pool of candidates.
• Limited Powers: The councils have limited powers compared to the lower house, which often leads to them being seen as a rubber stamp for the ruling party. This means that they are unable to provide meaningful scrutiny or make meaningful changes to legislation.
• Dependence on the Ruling Party: Critics argue that legislative councils are often dependent on the ruling party and are not able to make independent decisions. This can lead to a lack of diversity in the decision-making process and may result in outcomes that do not reflect the interests of the people.
• Duplication of Effort: There is often criticism that the councils duplicate the work of the lower house, which leads to inefficiencies and a waste of resources. This can also lead to confusion and conflicting opinions, which can hinder the legislative process.
• Sanctuary for defeated candidates: Many times, candidates defeated in the general elections to the legislative assembly are given a seat in the legislative council which defeats the purpose of diverse representation.

Conclusion

These criticisms highlight some of the challenges that legislative councils face in fulfilling their role as a meaningful part of the state legislature. However, it is important to note that the councils play a crucial role in providing a voice for minority opinions and in holding the government accountable for its policies and programmes.