Answer By law4u team
Constitution of India Article 208: Rules of Procedure
(1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be.
(3) In a State having a Legislative Council, the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses.
Brief Detail
Article 208 provides the framework for the procedural rules governing the State Legislature. It allows each House to formulate its own rules for conducting business, subject to the Constitution. Until such rules are framed, pre-existing rules continue to apply with necessary modifications. In bicameral legislatures, the Governor plays a role in setting procedural rules for communication between the two Houses.
Question & Answers
What is the purpose of Article 208?
Article 208 allows State Legislatures to regulate their own procedures and conduct of business by making specific rules, ensuring smooth legislative functioning.
Who has the authority to modify procedural rules before new ones are framed?
Until new rules are framed, the Speaker of the Legislative Assembly or the Chairman of the Legislative Council can modify and adapt existing rules to suit the Legislature’s needs.
Example
For example, if a newly formed State has not yet created its own legislative rules, it may follow the procedural rules that were in force before the Constitution’s commencement. The Speaker or Chairman can modify these rules until a formal procedure is established.
Summary
Article 208 empowers State Legislatures to create their own procedural rules while ensuring continuity by allowing pre-existing rules to remain in effect until new ones are formulated. It also gives the Governor a role in coordinating communication rules in bicameral legislatures.
