Answer By law4u team
Constitution of India Article 198: Special Procedure in Respect of Money Bills
1. A Money Bill shall not be introduced in a Legislative Council.
2. After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council.
3. If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly.
4. If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council.
5. If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly.
Brief Detail
Article 198 lays out the procedure for dealing with Money Bills in States with a bicameral legislature. It specifies that such Bills cannot be introduced in the Legislative Council, and outlines the procedure for transmitting the Bill between the Legislative Assembly and the Council, including time limits for recommendations, amendments, and the passage of the Bill.
Question & Answers
Can a Money Bill be introduced in the Legislative Council?
No, a Money Bill cannot be introduced in the Legislative Council. It must be introduced in the Legislative Assembly.
What happens if the Legislative Council does not return a Money Bill within 14 days?
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 in which it was passed by the Legislative Assembly.
Can the Legislative Assembly accept or reject the recommendations of the Legislative Council?
Yes, the Legislative Assembly can either accept or reject the recommendations made by the Legislative Council. If the recommendations are accepted, the Bill is passed with those amendments. If rejected, the Bill is passed in its original form.
Example
For instance, if a Money Bill is passed by the Legislative Assembly and sent to the Legislative Council, the Council has 14 days to suggest any amendments. If the Assembly accepts those amendments, the Bill is passed with those changes. If the Assembly rejects them, the Bill is passed as originally introduced by the Assembly. If the Council does not act within the 14-day period, the Bill automatically becomes law in the form passed by the Assembly.
Summary
Article 198 ensures that the legislative process for Money Bills is fast-tracked and gives the Legislative Assembly the final say on any amendments from the Legislative Council. It also provides a clear timeline for the passage of Money Bills, ensuring they are not delayed unnecessarily.
