Vidhan Parishad - Powers and Procedures

Powers and Procedures

The Legislative Council elects its Chairman and Deputy Chairman from amongst its members.

Theoretically the powers of the Legislative Council are coequal with the Assembly; in reality, the Council is the weaker partner. Ordinary bills can originate in any chamber of the legislature. A bill must be passed by both chambers, and receive the assent of the state's Governor, before it becomes law as an Act. The Governor may give his assent or return the bill back to" legislature with his observations. The legislature while reconsidering the bill may or may not take note of the views of the Governor on the bill. The Governor is bound to give his assent to the bill when it is presented to him for the second time. If the Legislative Council disagrees with a bill passed by the Legislative Assembly, then the bill must have a second journey, from the Assembly to the Council.

Ultimately the views of the Assembly prevail. The Council can only delay the passage of a bill for 3 months in the first instance and for one month in the second. In contrast with Parliament, there is no provision for the joint sitting of state legislatures.

As with the Rajya Sabha, a Legislative Council has almost no powers in relation to finance, being subordinate to the Assembly; the latter chamber is the only place where Money Bills can originate. After a Money Bill has been passed by the Assembly it is sent to the Council, which can keep it for a maximum of 14 days; if it does not pass it within that period, the bill is deemed to have been passed by it.

As with the Assembly, the Council can attempt to control the executive by putting questions to ministers, raising debates, and discussing adjournment motions to highlight alleged lapses by the state government. However, the Council cannot remove a government from office, lacking the Assembly's power to move a vote of no confidence.

The powers given to a Legislative Council by the Constitution of India have been framed to keep it in a subordinate position to the Assembly, with its membership of professionals seen as a guiding influence on the latter body, rather than as its rival.

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