Restriction on powers of Legislative Council as to Bills other than Money Bills

Article 172, Draft Constitution 1948

1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council, more than six months elapse from the date of the reception of the Bill by the Council without the Bill being passed by both Houses, the Governor may, unless the Bill has lapsed by reason of a dissolution of the Legislative Assembly, summon the Houses to meet in a joint sitting for the purposes of deliberating and voting on the Bill:

Provided that nothing in this clause shall apply to a Money Bill.

(2) In reckoning any such period of six months as is referred to in clause (1) of this article, no account shall be taken of any time during which both Houses are prorogued or adjourned for more than four days.

(3) If at the joint sitting of the two Houses summoned in accordance with the provisions of this article the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses:

Provided that at a joint sitting-

(a) If the Bill has not been passed by the Legislative Council with amendments and returned to the Legislative Assembly, no amendment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;

(b) If the Bill has been so passed and returned by the Legislative Council, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed; and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.

(1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council—

(a) the Bill is rejected by the Council; or

(b) more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or

(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree,
the Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council.

⁠(2) If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council—

(a) the Bill is rejected by the Council; or

(b) more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or

(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree,
the Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly.

⁠(3) Nothing in this article shall apply to a Money Bill.

Draft Article 172 (Article 197) was debated on 1 August 1949. It placed some restrictions powers of the State Legislative Councils with respect to the passage of all Bills except Money Bills.

The Chairman of the Drafting Committee moved an amendment to wholly replace the Draft Article to allow the Legislative Assembly to prevail, in case of difference of opinion between the two Houses. The debates in the Assembly were based on this amendment.

Some members voiced opposition to this, stating that the Legislative Council should have sufficient opportunities to discharge its functions; the time limits imposed by the current amendment would frustrate the ability of the Council to perform its duties. In response, a member pointed out that the purpose of the Council was to act as a check on the Assembly, and to ensure that legislation was not passed hastily; it was never intended to have equal powers.

Other members argued that under clause (1) (b), the Council was given too short a time period to consider a Bill, before it would revert back to the Assembly to be passed. A member of the Drafting Committee moved an amendment to increase the time limit in clause (1) (b) from two months to three. The Chairman responded that the prescribed time period had been adopted in order to ensure expediency in legislative matters; however, he accepted the proposed amendment.

Both amendments were accepted by the Assembly. The amended Draft Article was adopted on 1 August 1949.