Question map
Consider the following statements : 1. A bill pending in the Legislature of a State shall not lapse by reason of the propogation of the House or Houses thereof. 2. A bill pending in the Legislative Council of a State which has not been passed by the Legislative assembly shall not lapse on dissolution of the Assembly. Which of the statements given above is/are correct?
Explanation
According to Article 196 of the Constitution of India, the rules regarding the lapsing of bills in a State Legislature are specific. Statement 1 is correct because a bill pending in the Legislature of a State does not lapse due to the prorogation of the House or Houses [2]. Prorogation merely ends a session, not the life of the House. Statement 2 is also correct; a bill pending in the Legislative Council which has not been passed by the Legislative Assembly does not lapse upon the dissolution of the Assembly [2]. This is because the Legislative Council is a permanent body not subject to dissolution, and since the bill did not originate in or pass through the Assembly, its dissolution does not affect the bill's status. Conversely, bills pending in the Assembly or passed by the Assembly but pending in the Council do lapse upon dissolution [1].
Sources
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Dissolution > p. 341
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Dissolution > p. 341