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Ordinary Bills in State Legislature

UPSC Civil Services• POLITY• State Legislature• Ordinary Bills in State Legislature
Explains Ordinary Bills in State Legislatures, covering their constitutional basis under Articles 196, 197, 200 and 201, introduction in either House of a bicameral State Legislature, Government and Private Member's Bills, stages of passage, committee scrutiny, voting, the Legislative Council's limited delaying power of 3 months and 1 month, absence of joint sitting, Governor's options, reservation for the President, dissolution and lapse of Bills, UPSC Prelims facts and traps, memory tricks, and Mains and reform perspectives.

Ordinary Bills in State Legislature

Introduction

An Ordinary Bill is a Bill that does not fall within the constitutional category of a Money Bill or other Bills subject to special legislative procedures.

Ordinary Bills deal with a wide range of subjects within the legislative competence of the State.

In a State with a bicameral Legislature, an Ordinary Bill may originate in either:

  • Legislative Assembly
  • Legislative Council

In a unicameral State, it is introduced and passed by the:

  • Legislative Assembly

1. Constitutional Basis

The main constitutional provisions governing Ordinary Bills in State Legislatures are:

  • Article 196 — Provisions as to introduction and passing of Bills
  • Article 197 — Restriction on powers of Legislative Council as to Bills other than Money Bills
  • Article 200 — Assent to Bills
  • Article 201 — Bills reserved for consideration of the President

Therefore:

Article 196 → Introduction and passing
Article 197 → Council's limited power
Article 200 → Governor
Article 201 → President
2. Where Can an Ordinary Bill Originate?

In a State with only a Legislative Assembly:

Ordinary Bill → Legislative Assembly

In a State with both Houses:

Ordinary Bill → Legislative Assembly OR Legislative Council

Thus, unlike a Money Bill:

An Ordinary Bill may originate in either House of a bicameral State Legislature.

3. Introduction of an Ordinary Bill

An Ordinary Bill may be introduced by:

A Minister
A Private Member

A Bill introduced by a Minister is generally called a:

Government Bill

A Bill introduced by a member who is not a minister is called a:

Private Member's Bill

4. Government Bill

A Government Bill is introduced by a:

Minister

It normally represents the legislative policy of the government.

Most major legislation introduced by the State Government takes the form of Government Bills.

5. Private Member's Bill

A Private Member's Bill is introduced by:

A legislator who is not a minister

It may be introduced to:

Raise an issue
Propose legislative reform
Draw attention to a public concern
Present an alternative policy proposal

However, most legislation enacted by the Legislature is introduced by the government.

6. Stages of an Ordinary Bill

The broad stages are:

Introduction
↓
First Reading
↓
Second Reading
↓
Committee / Detailed Examination
↓
Clause-by-Clause Consideration
↓
Third Reading
↓
Voting
↓
Other House, if applicable
↓
Governor
↓
Assent / Return / Reservation
7. First Reading

At the introduction stage:

The Bill is introduced
Its title and broad purpose may be stated
Detailed discussion is generally limited

This is commonly referred to as the:

First Reading

8. Second Reading

The second reading involves more detailed consideration.

It generally includes:

General Discussion

Members debate the:

Principle
Objective
Policy of the Bill
Detailed Consideration

The Bill may be referred to a committee for detailed examination.

9. Committee Stage

An Ordinary Bill may be referred to an appropriate committee.

The committee may examine:

Clauses
Technical provisions
Administrative implications
Financial implications
Possible amendments

The committee submits a:

Report

to the House.

Committee referral is an important mechanism for improving legislative scrutiny.

10. Clause-by-Clause Consideration

After detailed examination, the House may consider the Bill:

Clause by Clause

Members may propose amendments according to the applicable Rules of Procedure.

Each provision is examined before the House proceeds to final passage.

11. Third Reading

At the third reading, the House considers the Bill in its final form.

The discussion is generally focused on:

Whether the Bill should be passed.

The House then votes on the Bill.

12. Voting on an Ordinary Bill

Under Article 189, the general rule is:

Majority of members present and voting

subject to constitutional provisions requiring a different majority.

Therefore:

Quorum
↓
Debate
↓
Voting
↓
Majority of members present and voting
↓
Bill passed
13. Ordinary Bill in a Unicameral State

In a State having only a Legislative Assembly:

Legislative Assembly
↓
Introduction
↓
Discussion
↓
Committee / Detailed Examination
↓
Voting
↓
Passed
↓
Governor

The Bill does not have to pass through a second House.

14. Ordinary Bill in a Bicameral State

In a State having:

Legislative Assembly
Legislative Council

an Ordinary Bill may originate in either House.

The Bill must complete the required legislative process.

If one House passes the Bill, it is transmitted to the other House.

The second House may:

Pass the Bill
Reject it
Pass it with amendments
Delay consideration
15. Legislative Council's Role

The Legislative Council has a:

Revisory and Deliberative Role

in relation to Ordinary Bills.

It does not have an absolute veto over an Ordinary Bill passed by the Assembly.

The Assembly has constitutional primacy when the two Houses disagree.

16. If the Council Rejects an Assembly Bill

Suppose an Ordinary Bill is passed by the:

Legislative Assembly

and the Legislative Council:

Rejects the Bill

The Assembly may pass the Bill again.

The Constitution provides a mechanism that limits the Council's ability to block the Bill permanently.

17. If the Council Does Not Pass the Bill

If the Council does not pass an Ordinary Bill within the constitutionally prescribed period, the Assembly may pass the Bill again according to Article 197.

The Council's delaying power is therefore limited.

18. If the Council Passes Amendments

If the Council passes the Bill with amendments and the Assembly does not agree with those amendments, the Assembly may pass the Bill again in the form it considers appropriate, subject to Article 197.

Thus, the Council's amendments do not give it an absolute veto.

19. Time Limits of Legislative Council

For an Ordinary Bill originating in the Assembly:

First Transmission

The Council can delay the Bill for up to:

3 months

Second Transmission

After the Assembly passes the Bill again and sends it to the Council:

1 month

Therefore:

First time → 3 months
Second time → 1 month

The Constitution thereby limits the Council's delaying power.

20. Important Point — No Joint Sitting

There is no constitutional provision for a:

Joint Sitting

of the Legislative Assembly and Legislative Council to resolve disagreement over an Ordinary Bill.

This is an important difference from Parliament.

Therefore:

Parliament
→ Joint Sitting possible in specified cases

State Legislature
→ No Joint Sitting
21. Assembly's Primacy

The Legislative Assembly has greater authority over Ordinary Bills when there is persistent disagreement with the Council.

This does not mean that the Council is irrelevant.

The Council can:

Review legislation
Suggest amendments
Delay legislation
Provide additional deliberation

But it cannot permanently veto an Ordinary Bill passed by the Assembly.

22. Bills Originating in the Legislative Council

An Ordinary Bill may originate in the Legislative Council.

If the Assembly rejects such a Bill, the Council cannot use the Article 197 mechanism to force the Assembly to accept it.

The Assembly has the final legislative advantage.

This demonstrates:

Assembly → Greater Legislative Authority

23. Ordinary Bill vs Money Bill
Feature	Ordinary Bill	Money Bill
Constitutional provision	Articles 196–197	Article 198–199
Origin in bicameral State	Either House	Only Assembly
Council's role	Revisory + limited delaying power	Recommendations only
Council time	3 months + 1 month framework	14 days
Speaker certification	Not applicable	Required
Governor can return	Yes	No
Joint sitting	No	No
24. Governor's Role

After an Ordinary Bill has been passed according to the constitutional procedure, it is presented to the:

Governor

Under Article 200, the Governor may:

Give assent
Withhold assent
Return the Bill for reconsideration
Reserve the Bill for the President

The power to return for reconsideration applies to a:

Bill other than a Money Bill

25. Governor Returning an Ordinary Bill

If the Governor returns an Ordinary Bill for reconsideration, the Legislature reconsiders it.

The Legislature may:

Accept the Governor's concerns
Amend the Bill
Pass the Bill again without changes

If the Bill is passed again, the Governor:

Cannot withhold assent

This is an important constitutional distinction.

26. Reservation for President

The Governor may reserve an Ordinary Bill for the consideration of the:

President

under Article 200.

Reservation may be:

Mandatory in specified constitutional circumstances
Discretionary in other constitutionally appropriate circumstances

For example, a Bill that endangers the position of the High Court must be reserved for the President.

27. President's Role

A Bill reserved by the Governor is dealt with under:

Article 201

The President may:

Give assent
Withhold assent
Direct the Governor to return a non-Money Bill to the State Legislature for reconsideration

If the Legislature passes the Bill again, it is returned to the President for consideration.

28. Ordinary Bill and Governor's Options

The sequence can be remembered as:

Ordinary Bill Passed
↓
Governor
├── Assent
├── Withhold Assent
├── Return for Reconsideration
└── Reserve for President
29. Ordinary Bill and President

If reserved:

Governor
↓
President
↓
Assent / Withhold
OR
Return non-Money Bill
↓
State Legislature Reconsiders
↓
President Considers Again

The President's decision is therefore different from the Governor's decision after reconsideration.

30. Ordinary Bill and Quorum

The House must satisfy the required quorum before conducting legislative business.

Under Article 189(3), the constitutional default is:

10 members or one-tenth of the total membership, whichever is greater

unless the State Legislature provides otherwise by law.

If quorum is absent:

Speaker/Chairman → Adjourn or suspend the meeting

31. Ordinary Bill and Legislative Privileges

Legislators enjoy certain protections under:

Article 194

These include freedom of speech in legislative proceedings and immunity in respect of specified speech and votes.

These protections facilitate free legislative debate.

32. Ordinary Bill and Anti-Defection

Voting on an Ordinary Bill may also be affected by the:

Tenth Schedule

A member may face disqualification in specified circumstances for voting or abstaining contrary to a valid party direction.

Thus:

Ordinary Bill + Party Whip → Possible Anti-Defection Consequences

subject to constitutional provisions and exceptions.

33. Ordinary Bill and Dissolution

The effect of dissolution of the Legislative Assembly on a pending Ordinary Bill depends on where the Bill is pending and its legislative status.

A key principle is:

A Bill pending in the Legislative Assembly generally lapses when the Assembly is dissolved.

A Bill pending in the Legislative Council but not passed by the Assembly does not lapse merely because the Assembly is dissolved.

34. Lapse of Ordinary Bills — Quick View
Situation	Effect on Dissolution
Bill pending in Assembly	Generally lapses
Bill passed by Assembly and pending in Council	Does not lapse merely due to dissolution
Bill pending in Council but not passed by Assembly	Does not lapse merely due to dissolution
Bill passed by both Houses and pending before Governor	Does not lapse merely because Assembly is dissolved

The exact effect depends on the constitutional stage of the Bill.

35. Ordinary Bill and Legislative Council

The Council can contribute through:

Detailed debate
Review
Amendments
Delay within constitutional limits
Specialised representation

But the Council cannot:

Permanently block an Assembly-originated Ordinary Bill

because Article 197 limits its delaying power.

36. Importance of Ordinary Bills

Ordinary Bills constitute a major part of State legislation.

They can deal with subjects within the State's legislative competence, including matters concerning:

State administration
Public order
Public health
Agriculture
Local government
State taxation, subject to constitutional provisions
Education and other areas within constitutional competence

The precise legislative competence is determined by the Constitution's distribution of legislative powers.

37. UPSC Prelims Facts
Ordinary Bills are governed mainly by Articles 196, 197 and 200.
In a bicameral State, an Ordinary Bill may originate in either House.
In a unicameral State, an Ordinary Bill originates in the Legislative Assembly.
An Ordinary Bill may be introduced by a Minister or a Private Member.
Article 197 limits the delaying power of the Legislative Council.
The Council can delay an Assembly-originated Ordinary Bill for up to 3 months on the first occasion.
After the Assembly passes it again, the Council can delay it for up to 1 month.
There is no joint sitting of the two Houses of a State Legislature.
The Legislative Assembly has greater authority over Ordinary Bills.
An Ordinary Bill originating in the Council can ultimately be defeated by the Assembly.
Governor may return an Ordinary Bill for reconsideration.
Governor cannot return a Money Bill for reconsideration.
If an Ordinary Bill is passed again after being returned by the Governor, the Governor cannot withhold assent.
Governor may reserve an Ordinary Bill for the President.
Article 201 deals with Bills reserved for the President.
Speaker certification is specifically associated with Money Bills, not Ordinary Bills.
The general voting rule is majority of members present and voting, subject to constitutional exceptions.
Quorum is governed by Article 189.
Legislative privileges are governed by Article 194.
The Tenth Schedule may affect voting by legislators.
Dissolution may cause certain pending Bills to lapse depending on their stage.
38. UPSC Prelims Traps
Trap 1

"An Ordinary Bill can be introduced only in the Legislative Assembly."

False

In a bicameral State, it can originate in either House.

Trap 2

"Legislative Council has an absolute veto over an Ordinary Bill."

False

Its delaying power is constitutionally limited.

Trap 3

"State Legislature has a joint sitting to resolve disagreement over an Ordinary Bill."

False

There is no constitutional provision for a joint sitting.

Trap 4

"Council gets only 14 days to consider an Ordinary Bill."

False

The 14-day period applies to a Money Bill.

For an Assembly-originated Ordinary Bill, the Council's delaying periods are:

3 months + 1 month

Trap 5

"Money Bill and Ordinary Bill follow the same procedure."

False

Money Bills have special constitutional procedures.

Trap 6

"Governor cannot return an Ordinary Bill."

False

The Governor may return an Ordinary Bill for reconsideration.

Trap 7

"If the Governor returns an Ordinary Bill and the Legislature passes it again, the Governor may again withhold assent."

False

After reconsideration and repassage, the Governor cannot withhold assent.

Trap 8

"Speaker certifies every Ordinary Bill."

False

The constitutional certification by the Speaker concerns whether a Bill is a Money Bill.

Trap 9

"An Ordinary Bill pending in the Legislative Council always lapses when the Assembly is dissolved."

False

A Bill pending in the Council but not passed by the Assembly does not lapse merely because of Assembly dissolution.

Trap 10

"Private Member's Bill means a Bill introduced by a member of the opposition."

False

It means a Bill introduced by a member who is not a minister, regardless of party.

39. Easy Memory Trick
Key Articles
196 → Bills
197 → Council's limited power
198 → Money Bill Procedure
199 → Money Bill Definition
200 → Governor
201 → President
Ordinary Bill in Bicameral State
Either House
↓
Passage
↓
Other House
↓
Council Delay
↓
3 Months
↓
Assembly Repasses
↓
Council
↓
1 Month
↓
Assembly Prevails
↓
Governor
Governor
Ordinary Bill
↓
Assent
OR
Return
OR
Reserve
OR
Withhold
40. Quick Revision
ORDINARY BILL
      ↓
Can originate in either House
      ↓
First Reading
      ↓
Second Reading
      ↓
Committee / Detailed Scrutiny
      ↓
Clause-by-Clause Consideration
      ↓
Third Reading
      ↓
Voting
      ↓
Other House
      ↓
Governor
      ↓
Assent / Return / Reservation
      ↓
Law

In case of Council delay:

Assembly Bill
↓
Council
↓
3 Months
↓
Assembly Repasses
↓
Council
↓
1 Month
↓
Assembly's Will Prevails
41. Mains Perspective

The procedure for Ordinary Bills in a State Legislature reflects the balance between:

Bicameral Deliberation

and:

Democratic Majority

The Legislative Council provides:

Revision
Deliberation
Additional scrutiny
Representation of specialised interests

But Article 197 prevents the Council from becoming an absolute veto chamber.

The Legislative Assembly therefore retains greater authority while the Council performs an important revisory role.

42. Challenges

The legislative process may face:

Limited Scrutiny

Bills may sometimes be passed without adequate committee examination.

Political Polarisation

Political disagreements can reduce constructive deliberation.

Disruptions

Frequent disruptions can reduce legislative productivity.

Limited Research Capacity

Members may lack adequate technical and legislative research support.

Delayed Committee Reports

Detailed scrutiny may be affected by procedural delays.

43. Reform Perspective

The quality of Ordinary Bill legislation can be improved through:

Greater Committee Referral

Important Bills should receive detailed examination.

Pre-Legislative Consultation

Stakeholders and citizens should be consulted where appropriate.

Adequate Debate

Members should have sufficient time to examine Bills.

Better Research Support

Legislators should have access to professional legislative research.

Transparent Amendments

Proposed amendments should be made available well before voting.

Stronger Legislative Capacity

Members and legislative staff should receive training in lawmaking and policy analysis.

The goal should be:

Better Scrutiny → Better Legislation → Better Governance

44. Conclusion

An Ordinary Bill is the standard form of legislation in a State Legislature outside the special constitutional categories such as Money Bills.

The key points are:

Bicameral State → Can originate in either House

Assembly-originated Bill → Council has limited delaying power

First delay → 3 months

Second delay → 1 month

No Joint Sitting

Governor → Article 200

President → Article 201 for reserved Bills

Assembly → Greater Legislative Authority

The overall purpose is to balance:

Deliberation + Revision + Majority Rule + Constitutional Safeguards