16
THE MEANING OF THE WORD ‘RECEIPT’
The point at issue is the meaning to be given to the word receipt occuring in clause (2) of Article 198. Does it mean receipt by the Secretariat of the Legislative Council or does it mean by receipt by the Legislative Council ? The distinction is of course important because it determines the starting point of the period of limitation which is fourteen days for a money Bill. The matter is referred to the Goverment of India for opinion because there is a difference of opinion between the R.L.A. and the Advocate General of Bihar, the R.L.A. upholding the former interpretation and the Advocate General the latter.
There are three contentions relied upon by the R.L.A. :—
(1) Clause (2) of Article 198 speaks of ‘Fourteen days from the date of its receipt.’
(2) There is a difference between the language used in clause (2) (b) of Article 197 and that used in clause
(2) of Article 198.
(3) The delay that may occur in getting through a money Bill if the contention of the Advocate General of Bihar was accepted as valid.
I will deal with these contention seriatum.
Taking up the first contention of the R.L.A. I find his argument is vitiated by his failure to note the following points (1) The R.L.A. picks out the words ‘its receipt of the Bill’ from clause (2) of Article 198 and builds up his argument. He contends that in using the words ‘its receipt’ the intention of the Constitution was only to provide for a vicarious receipt by the Secretariat of the Upper Chamber and not actual receipt by the Chamber. But the altogether omits to take into account the words ‘transmitted to the Legislative Council for its recommendations’ which also occur in clause (2) and