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Difficulty: MediumState Executive and Legislature: Governor, CM, and State Assemblies

With reference to the legislative procedure in a bicameral Indian state, for what maximum duration can the Legislative Council delay an Ordinary Bill passed by the Legislative Assembly when the bill is presented to it for the first time?

  1. A
    14 days
  2. B
    1 month
  3. 3 monthsAnswer
  4. D
    6 months

Answer

The maximum period for which the Legislative Council can delay an Ordinary Bill on its first presentation is 3 months.
According to Article 197 of the Constitution of India, the Legislative Assembly holds overarching authority over Ordinary Bills. When an Ordinary Bill passed by the Legislative Assembly is sent to the Legislative Council for the first time, the Council has four choices: pass it, reject it, suggest amendments, or take no action. In cases of rejection, amendment conflict, or inaction, the Council can delay the bill for a maximum period of 3 months. If the Assembly passes the bill again and sends it to the Council a second time, the Council can only delay it for 1 additional month, making the maximum total delay 4 months.

Step-by-Step Solution

1
Identify the relevant constitutional provision for state legislative procedure regarding ordinary bills.
Article 197 of the Constitution of India specifies the restriction on powers of the Legislative Council as to bills other than Money Bills.
Different rules apply to Money Bills (Article 198) and Ordinary Bills (Article 197).
2
Examine the timeline limits imposed on the Legislative Council for the first instance of bill transmission.
When an Ordinary Bill is passed by the Legislative Assembly and transmitted to the Legislative Council, the Council can keep the bill for up to 3 months without passing it.
Article 197(1) mandates that if 3 months elapse from the date on which the bill is laid before the Council without being passed, the Assembly may pass it a second time.
3
Distinguish between the first instance delay and the total cumulative delay possible.
The initial delay limit is 3 months. If re-passed by the Assembly, the Council can delay it for 1 additional month (total 4 months maximum cumulative delay).
The question specifically asks about the first time the bill is presented to the Council.

Key Concept

Powers of State Legislative Council regarding Ordinary Bills under Article 197
Estimated Time:1m 0s
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Topics

State Executive and Legislature: Governor, CM, and State Assemblies

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