Describe the law-making process in the Legislative Assembly of Uttar Pradesh.
The law-making process in the Legislative Assembly (Vidhan Sabha) of Uttar Pradesh, being a bicameral state legislature (along with the Legislative Council or Vidhan Parishad), largely mirrors the parliamentary procedure at the Union level, with specific adaptations for the state context. The process primarily involves the introduction of a bill, its passage through both houses, and finally, the Governor's assent.
1. Introduction of a Bill:
- Ordinary Bills: These bills can originate in either the Vidhan Sabha or the Vidhan Parishad. They can be introduced by a minister (Government Bill) or by any other member (Private Member's Bill). The member seeking to introduce a bill must give prior notice.
- Money Bills: These bills, dealing with financial matters like taxation, government expenditure, etc., can only be introduced in the Vidhan Sabha. They require the prior recommendation of the Governor.
2. First Reading:
- The member introduces the bill by reading out its title. No debate or voting takes place at this stage. The bill is then published in the official gazette. This marks the formal introduction.
3. Second Reading:
- This is the most crucial stage, involving a detailed examination of the bill. It typically has two sub-stages:
- Stage of General Discussion: Members discuss the general principles and provisions of the bill. The house may then decide to take the bill into consideration immediately, refer it to a select committee of the house, or circulate it for public opinion.
- Stage of Clause-by-Clause Consideration: If the bill is taken up for consideration, each clause is discussed and voted upon individually. Members can propose amendments to specific clauses. If the bill was referred to a select committee, the committee examines it thoroughly, hears expert opinions, and submits its report with proposed amendments to the house.
4. Third Reading:
- At this stage, the debate is confined to the acceptance or rejection of the bill as a whole, as amended during the second reading. No further amendments are allowed. If the bill receives a majority vote of the members present and voting, it is deemed to have been passed by the Vidhan Sabha.
5. Passage in the Other House (Vidhan Parishad):
- Once passed by the Vidhan Sabha, an ordinary bill is transmitted to the Vidhan Parishad for its consideration.
- For Ordinary Bills: The Vidhan Parishad can pass the bill, reject it, suggest amendments, or take no action. If the Vidhan Parishad rejects the bill, suggests amendments not acceptable to the Vidhan Sabha, or does not act on it for three months, the Vidhan Sabha can pass the bill again, with or without the amendments suggested by the Parishad. In such a case, the bill is deemed to have been passed by both houses after one month from the date of its second passage by the Vidhan Sabha, irrespective of the Vidhan Parishad's stance. The Vidhan Parishad's power over ordinary bills is thus limited to delaying them for a maximum of four months (three months in the first instance and one month in the second).
- For Money Bills: After a Money Bill is passed by the Vidhan Sabha, it is sent to the Vidhan Parishad. The Vidhan Parishad can only make recommendations within 14 days. The Vidhan Sabha is not bound by these recommendations. If the Vidhan Parishad does not return the bill within 14 days, it is deemed to have been passed by both houses. The Vidhan Parishad has very limited powers over Money Bills.
6. Governor's Assent:
- After a bill has been passed by both houses (or deemed to have been passed in case of disagreements or Money Bills), it is presented to the Governor for assent.
- The Governor has several options:
- Give Assent: The bill becomes an Act and is published in the official gazette.
- Withhold Assent: The bill does not become law.
- Return the Bill: For reconsideration by the houses (except Money Bills). If the houses pass it again, with or without amendments, and present it to the Governor, the Governor must give assent.
- Reserve the Bill for the President's Consideration: This is mandatory for bills that might endanger the position of the High Court or are repugnant to Union laws. The President can then give assent, withhold assent, or direct the Governor to return the bill for reconsideration by the state legislature. The President is not bound to give assent even if the bill is passed again by the state legislature.
Once the Governor gives assent (or the President, if reserved), the bill becomes an Act and comes into force on the date specified or upon its publication in the official gazette.