Constitution of India · Section Article 197
Restriction on powers of Legislative Council as to Bills other than Money Bills
Article 197 — Restriction on powers of Legislative Council as to Bills other than Money Bills
- Restriction on powers of Legislative Council as to Bills other than Money Bills.—(1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council—
- (a) the Bill is rejected by the Council; or
- (b) more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or
- (c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree; the Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council. (2) If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council—
- (a) the Bill is rejected by the Council; or
- (b) more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or
- (c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree; the Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly. (3) Nothing in this article shall apply to a Money Bill.
Plain English Summary
This article explains what happens when a State's Legislative Council rejects, delays, or amends a bill passed by the Legislative Assembly. It gives the Legislative Assembly the power to re-pass the bill, incorporating any changes suggested by the Council, and send it back to the Council. If this process is repeated, the bill is considered passed if the Assembly agrees with the Council's suggestions.
Key Points
- The Legislative Assembly can re-pass a bill after the Legislative Council rejects it or fails to pass it within a specified time limit.
- The Assembly can pass the bill again, including any amendments suggested by the Council, and send it back to the Council.
- If the Assembly agrees with the Council's suggestions, the bill is considered passed on the second attempt.
- This rule does not apply to Money Bills.
Why It Matters
This article ensures that the legislative process in a State remains functional by providing a mechanism for resolving disagreements between the two houses regarding non-Money Bills.
Landmark Judgements
No major landmark judgements.