Question

Under the Constitutional provision on a Bill, the recommendation of the Governor was required, but without the recommendation of Governor it was introduced in Rajasthan Legislative Assembly and passed by it and sent to the Governor, now
1. Where assent to that Act was given by Governor shall not be invalid.
2. The Governor can refuse to assent on the ground of the violation of Constitutional provisions.
3. The Governor will send such a Bill to the assent of the President.
4. The Governor or the President assents it, then the court will declare it unconstitutional on the ground of Constitutional provisions.

Answer 1

Correct Answer - Option 1 : Where assent to that Act was given by Governor shall not be invalid.

The correct answer is Where assent to that Act was given by Governor shall not be invalid.

• Under the Constitutional provision on a Bill, the recommendation of the Governor was required, but without the recommendation of Governor it was introduced in Rajasthan Legislative Assembly and passed by it and sent to the Governor, now assent to that Act was given by Governor shall not be invalid.

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• Process of the bill passing in State Legislative Assembly
• Ordinary bills
  • With regards to ordinary bills, the procedure is the same as the parliament.
  • The bills go through three readings and if it is passed by a simple majority it goes directly to the president [the unicameral legislature] or to the second chamber [the bicameral legislature]. Here the legislative assembly is highly powerful than the Lok Sabha.
  • If the legislative council rejects the bill or passes it with amends or takes no action for three months, the bill goes to the legislative assembly again.
  • The assembly may pass it again with or without amends. Then the bill goes to the legislative council where either it may be accepted or rejected or amended or no action is taken. After one month bill is sent back to the legislative assembly. But this time the bill is deemed to have been passed in the form passed by the legislative assembly for the second time. It is sent to the governor.
  • There is no provision for joint sittings to resolve deadlocks.
  • Thus the legislative council can only withhold a bill for 4 months [3 months on the first instance and 1 month on the second].
  • Also if a bill passed by the legislative council is disapproved by the legislative assembly then it becomes dead.
• Money Bills
  • No money bill can be introduced without the governor’s recommendation. 
  • Such a bill is a government bill and can be introduced only by a minister.
  • It can be introduced only in the legislative assembly.
  • The bill if passed goes to the legislative council. 
  • The council can only discuss it and make a recommendation. 
  • It has to return the bill in 14 days.
  • The assembly may reject or accept such recommendations. 
  • The bill is then given to the governor for assent. 
  • Governor may give or withhold it or sent it for the president’s consideration. 
  • President too may give or withhold assent. 
  • But neither governor nor president can return the bill for reconsideration.​
•  Constitutional Amendment referred for ratification by states:
  • If a constitutional amendment bill referred to state legislatures for assent is considered by both state legislature houses. Here to the will of the legislative assembly prevails. If the legislative council rejects the amendment the assembly can pass it again as in the case of a non-money bill. Approval of ordinances of the governor has the domination of legislative assembly.   
  • Governor may give his assent or withhold his assent or send the bill back for reconsideration or reserve the bill for the president’s consideration.
  • If the bill sent for reconsideration is passed by both houses with or without amends the governor has to give his assent to it [Suspensive veto].
  • If the bill is reserved for presidents' assent on it but is returned for reconsideration and the houses pass it again. It isn’t obligatory for the president to assent it. President can return a state bill any number of times.