Articles 196 and 197 of the Constitution of India: Introduction and Passing of State Bills
Articles 196 and 197 form part of the constitutional rules governing legislative procedure in the States. Article 196 deals with the introduction, passage and lapse of Bills in a State Legislature, while Article 197 limits the power of a Legislative Council to delay or amend Bills other than Money Bills.
Meaning and scope of Articles 196 and 197
Article 196 is titled "Provisions as to introduction and passing of Bills." It regulates where Bills may originate in a bicameral State Legislature, when agreement of both Houses is ordinarily required, and when pending Bills lapse or do not lapse.
Article 197 is titled "Restriction on powers of Legislative Council as to Bills other than Money Bills." It prescribes what happens when a Legislative Council rejects, delays or amends an ordinary Bill passed by the Legislative Assembly. The provision gives the Council a revising and delaying role, but not an indefinite veto over such a Bill.
Article 196 - Provisions as to introduction and passing of Bills
Clause (1): Subject to Articles 198 and 207 concerning Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State that has a Legislative Council.
Clause (2): Subject to Articles 197 and 198, a Bill is not treated as passed by the two Houses of a bicameral State Legislature unless both Houses agree to it, either without amendment or with only those amendments accepted by both Houses.
Clause (3): A Bill pending in a State Legislature does not lapse merely because the House or Houses are prorogued.
Clause (4): A Bill pending in the Legislative Council that has not been passed by the Legislative Assembly does not lapse when the Assembly is dissolved.
Clause (5): A Bill pending in the Legislative Assembly, or a Bill passed by the Assembly but pending in the Legislative Council, lapses on dissolution of the Assembly.
Prorogation and dissolution: when does a Bill lapse?
| Situation | Effect under Article 196 |
|---|---|
| Prorogation of the House or Houses | A pending Bill does not lapse. |
| Bill pending only in Legislative Council and not passed by Assembly | It does not lapse merely because the Legislative Assembly is dissolved. |
| Bill pending in Legislative Assembly | It lapses on dissolution of the Assembly. |
| Bill passed by Assembly and pending in Legislative Council | It lapses on dissolution of the Assembly. |
Article 197 - Restriction on Legislative Council powers over ordinary Bills
First passage by the Legislative Assembly: After an ordinary Bill is passed by the Assembly and sent to the Legislative Council, the Assembly may pass it again if the Council:
(a) rejects the Bill; (b) does not pass it within more than three months after it is laid before the Council; or (c) passes it with amendments that the Assembly does not accept.
The Assembly may pass the Bill again in the same or a subsequent session, with or without amendments made, suggested or agreed to by the Council, and transmit it again to the Council.
Second passage by the Legislative Assembly
After the Assembly passes the Bill for the second time and sends it to the Council, the constitutional waiting period is shorter. If the Council rejects it, does not pass it within more than one month, or passes it with amendments not accepted by the Assembly, the Bill is deemed to have been passed by both Houses in the form in which the Assembly passed it for the second time, together with any Council amendments that the Assembly has accepted.
Money Bills excluded: Article 197(3) expressly provides that Article 197 does not apply to a Money Bill. Money Bills are governed by the special constitutional procedure in Articles 198 and 199.
How Article 197 works in simple terms
For an ordinary Bill in a bicameral State Legislature, the Legislative Council can examine the Bill, reject it, delay it for the constitutionally specified period, or suggest amendments. If disagreement continues, the Legislative Assembly may pass the Bill a second time. On the second transmission, the Council cannot prevent passage indefinitely: after the circumstances specified in Article 197(2) arise, the Bill is deemed passed in the form approved for the second time by the Assembly, subject to Council amendments accepted by the Assembly.
Related constitutional provisions
Articles 196 and 197 should be read with Articles 198 and 199 on Money Bills and Article 207 concerning financial Bills. The official text of the Constitution is available from the Legislative Department, Ministry of Law and Justice and India Code.
This page is an explanatory guide to the constitutional provisions. For authoritative wording and current constitutional text, consult the official Government of India sources linked above.