Consider the following statements: 1. A Bill pending in the legislature of state shall lapse by reason of the prorogation of the House or Houses thereof. 2. A Bill pending in the legislative council of a state which has been passed by the legislative assembly shall lapse on a dissolution of the assembly. 3. A Bill which is pending in the legislative assembly of a state or which have been passed by the legislative assembly is pending in the legislative council shall not lapse on a dissolution of the assembly Which of the statements above is/are correct?

When Does a Bill Lapse in the State Legislative Assembly?

• The legislative council, being a permanent house, is not subject to dissolution. Only the legislative assembly is subject to dissolution. The position with respect to the lapsing of bills on the dissolution of the assembly is mentioned below:

Cases when a bill lapses

• A bill originated in the Assembly but is pending in the Assembly – lapses.
• A bill originated and passed by the Council but is pending in Assembly – lapses.
• A bill originated and passed by the Assembly but is pending in the Council – lapses.
• Hence, statement 2 is correct and statement 3 is incorrect.

Cases when a bill does not lapse

• A bill pending in the Council but not passed by the Assembly does not lapse.
• A bill passed by one or both Houses but pending assent of the Governor does not lapse.
• A bill passed by one or both Houses but returned by the president for reconsideration by the Council does not lapse.

Points to note

• Adjournment (of a sitting) does not affect the bills or any other business pending before the House and the same can be resumed when the House meets again.
• Prorogation (of a session) does not affect the bills or any other business pending before the House. However, all pending notices (other than those for introducing bills) lapse on prorogation and fresh notices have to be given for the next session. Hence, statement 1 is incorrect.