Previous Year Question

The correct answer is the recommendation of the Governor of the State. Under Article 207(1), a Bill or amendment making provision for the financial matters specified in Article 199(1)(a) to (f) cannot be introduced or moved except on the recommendation of the Governor. Such a Bill also cannot be introduced in a Legislative Council.

At the State level, a Money Bill is defined under Article 199. It covers matters such as the imposition, abolition or regulation of taxes; borrowing of money by the State; matters relating to the Consolidated Fund or Contingency Fund of the State; and appropriation of money out of the Consolidated Fund.

Even in a State having a Legislative Council, a Money Bill is introduced only in the Legislative Assembly. After being passed by the Assembly, it is transmitted to the Legislative Council for its recommendations, and the Council must return it within 14 days. The Assembly may accept all, some or none of those recommendations.

If the Legislative Council does not return the Money Bill within 14 days, it is deemed to have been passed by both Houses in the form originally passed by the Legislative Assembly. Thus, the Legislative Assembly has the dominant position in relation to a State Money Bill.

Another important fact is that the Governor cannot return a Money Bill to the Legislature for reconsideration. Article 200 permits a Bill to be returned for reconsideration only when it is not a Money Bill.

The word “recommendation” is crucial in this question. Recommendation of the President, Parliament or a special committee of Ministers does not satisfy the constitutional requirement; the required recommendation is that of the Governor.