What is Constitution Of India Article 197?

Constitution of India Article 197: 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.

Brief Detail

Article 197 restricts the powers of the Legislative Council in states with a bicameral legislature regarding non-Money Bills. It sets out the process for handling Bills that are either rejected, delayed, or amended by the Council, with specific rules for the Legislative Assembly to pass such Bills again and, under certain conditions, have them deemed passed by both Houses.

Question & Answers

Can the Legislative Assembly pass a Bill again after the Council rejects it?

Yes, if the Bill is rejected by the Council, the Legislative Assembly can pass the Bill again in the same or subsequent session with or without amendments and send it back to the Council.

What happens if the Legislative Council delays the Bill for more than three months?

If the Council delays a Bill for more than three months, the Legislative Assembly can pass the Bill again and send it back to the Council. If it is delayed for more than one month after the second passage, it is considered passed by both Houses in the form it was passed by the Legislative Assembly, including any amendments agreed to by both Houses.

Does this apply to Money Bills?

No, this process does not apply to Money Bills, which are handled differently under the Constitution.

Example

For example, a Bill passed by the Legislative Assembly is delayed by the Legislative Council for three months. The Assembly can pass the Bill again, and if it is delayed again or rejected after a month, it is automatically deemed passed in the form agreed by the Assembly, including any amendments it has accepted from the Council.

Summary

Article 197 restricts the power of the Legislative Council in rejecting or delaying non-Money Bills, enabling the Legislative Assembly to pass the Bill again, and in certain circumstances, consider it as passed by both Houses. It also clarifies that Money Bills are exempt from these restrictions and follow a different process.