What is Article 196 of Indian Constitution – Defination & Meaning

Article 196: Provisions as to introduction and passing of Bills (1) Subject to the provisions of articles 198 and 207 with respect to Money Bills and other
📅 Part VI – The States
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📚 UPSC Relevant

Article Number

196

part

Part VI – The States

Status

Active

Full Definition & Explanation

Article 196 of the Indian Constitution outlines the process for introducing and passing Bills in a State Legislature that has a Legislative Council. It allows a Bill to originate in either the Legislative Assembly or the Legislative Council. However, for a Bill to be considered passed, it must be agreed upon by both Houses. This means that both the Assembly and the Council have to accept the Bill either in its original form or with mutual amendments. This provision ensures that both Houses have a say in the legislative process, promoting a balanced approach in law-making. Also, the article specifies what happens to Bills when a House is prorogued. Bills pending in the Legislature do not lapse due to prorogation, allowing for continuity in legislative business. It also covers what happens during the dissolution of the Legislative Assembly. If the Assembly is dissolved, Bills pending in the Legislative Assembly lapse, while those in the Legislative Council remain active. This distinction helps in maintaining legislative progress, even during major political changes. Overall, Article 196 affects the functioning of state legislatures, ensuring that both Houses work together in the law-making process. It reinforces the principle of bicameralism, where both Houses contribute to governance. This article also highlights the importance of stability in legislative processes, as it allows Bills to survive political upheavals, thus promoting more efficient governance and law-making at the state level.

Historical Context

Article 196 was included in the Constitution of India when it was adopted in 1950, reflecting the framers’ intention to create a balanced legislative system in states with both Houses. During the Constituent Assembly debates, members emphasized the need for collaboration in law-making, which led to this provision. For instance, they discussed how both Houses could represent various interests and perspectives. The article has not undergone major amendments since its inception, maintaining its original framework. Key Supreme Court cases, like Keshav Singh v. Union of India, have underscored the importance of the legislative process outlined in this article, confirming its relevance in contemporary governance.

Key Features

– A Bill can start in either House of a State Legislature.
– Both Houses must agree for a Bill to pass.
– Bills do not lapse due to prorogation of the House.
– Pending Bills in the Council remain active after Assembly dissolution.
– Bills in the Assembly lapse upon its dissolution.

Importance & Impact

– Article 196 ensures collaboration between both Houses of the Legislature.
– It maintains legislative processes even during major political shifts
– The article supports diverse opinions and representation in law-making
– This provision promotes stability and continuity in state law-making
– Legislative processes are designed to be efficient and clearly defined.

Sample UPSC Question

Which of the following statements about Article 196 is NOT correct? A. A Bill can originate in either House of a State Legislature. B. Bills in the Legislative Council lapse upon Assembly dissolution. C. Both Houses must agree for a Bill to be considered passed. D. Bills do not lapse due to prorogation of the House. Evaluate the implications of these statements for the legislative process in state governments.
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer

The correct answer is B. Bills in the Legislative Council do not lapse upon the dissolution of the Assembly, which ensures continuity in legislative work. This is key for maintaining the legislative agenda despite political shifts. Options A, C, and D accurately reflect the provisions of Article 196 and contribute to the collaborative nature of state governance.

Key Takeaways

✓ Article 196 governs Bill introduction in State Legislatures.
✓ Both Houses must agree for a Bill to pass.
✓ Bills pending in the Council remain active after Assembly dissolution.
✓ Bills in the Assembly lapse upon its dissolution.
✓ Prorogation does not affect pending Bills in the Legislature.

FAQs

When the Assembly is dissolved, any Bill that is pending in the Assembly will lapse. However, Bills that are awaiting approval in the Legislative Council do not lapse due to this dissolution. This setup allows for some legislative work to continue, ensuring that the legislative agenda can be pursued even amidst political changes.

Bills pending in the Legislature do not lapse due to prorogation, allowing for continuity in legislative business. It also covers what happens during the dissolution of the Legislative Assembly. If the Assembly is dissolved, Bills pending in the Legislative Assembly lapse, while those in the Legislative Council remain active. Article 196 of the Indian Constitution outlines the process for introducing and passing Bills in a State Legislature that has a Legislative Council.

Overall, Article 196 affects the functioning of state legislatures, ensuring that both Houses work together in the law-making process. It reinforces the principle of bicameralism, where both Houses contribute to governance. This article also highlights the importance of stability in legislative processes, as it allows Bills to survive political upheavals, thus promoting more efficient governance and law-making at the state level.

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