What is Article 197 of Indian Constitution – Defination & Meaning

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
📅 Part VI – The States
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Article Number

197

part

Part VI – The States

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Active

Bare Acts Text

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.
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Full Definition & Explanation

Article 197 of the Indian Constitution outlines the powers of the Legislative Council regarding bills that are not Money Bills. It specifically states the procedure that must be followed if a bill passed by the Legislative Assembly is rejected, not acted upon, or amended by the Legislative Council. This article mainly affects the legislative process in states that have a bicameral legislature, meaning they have both an Assembly and a Council. In essence, it allows the Legislative Assembly to reintroduce the bill if the Council fails to pass it within a specified time frame, thereby ensuring that the Assembly retains its authority in the legislative process. If a bill is rejected by the Council or if it is not acted upon within three months, the Legislative Assembly can pass it again in the same or any subsequent session. The Assembly may also make amendments based on suggestions from the Council. If the Council again rejects the bill or does not act on it within one month, the bill is deemed passed as per the Assembly’s second version. This mechanism helps to maintain a check and balance between the two legislative bodies while ensuring that the will of the elected Assembly prevails. It is key to note that Article 197 does not apply to Money Bills, which are financial in nature and have specific rules governing their passage. This distinction is key because it protects the financial powers of the Assembly. The provisions in Article 197 ensure that while the Legislative Council has a role in reviewing legislation, it cannot indefinitely stall bills passed by the more directly elected Legislative Assembly, thereby fostering a more efficient legislative process in the states.

Historical Context

It specifically states the procedure that must be followed if a bill passed by the Legislative Assembly is rejected, not acted upon, or amended by the Legislative Council. This article mainly affects the legislative process in states that have a bicameral legislature, meaning they have both an Assembly and a Council. In essence, it allows the Legislative Assembly to reintroduce the bill if the Council fails to pass it within a specified time frame, thereby ensuring that the Assembly retains its authority in the legislative process. If a bill is rejected by the Council or if it is not acted upon within three months, the Legislative Assembly can pass it again in the same or any subsequent session.

Key Features

– Legislative Assembly can reintroduce bills rejected by the Council.
– A bill is deemed passed if not acted upon within specified time.
– Council’s amendments may be accepted or rejected by the Assembly.
– Money Bills are exempt from the provisions of this article.
– The article ensures legislative efficiency and accountability

Importance & Impact

– This article enables the Assembly to assert its legislative authority.
– It prevents prolonged delays in passing necessary legislation
– Legislative Council’s power is balanced with the Assembly’s authority
– It ensures that public representation in the Assembly is upheld.
– The article fosters a collaborative legislative process between chambers

Sample UPSC Question

Consider the following statements regarding Article 197 of the Indian Constitution: 1. It allows the Legislative Assembly to reintroduce a bill rejected by the Council. 2. Money Bills are subject to the provisions of this article. 3. A bill must be passed by both houses to become law. Which of the statements is/are correct? A) 1 only B) 1 and 3 only C) 2 and 3 only D) 1, 2, and 3

Answer

The correct answer is A) 1 only. Article 197 allows the Legislative Assembly to reintroduce a bill rejected by the Council. However, Money Bills are exempt from this article’s provisions. Article 197 of the Indian Constitution outlines the powers of the Legislative Council regarding bills that are not Money Bills.

Key Takeaways

✓ Article 197 ensures legislative efficiency in state assemblies.
✓ The Assembly can pass a bill again after Council rejection.
✓ Money Bills are not subject to this article’s provisions.
✓ Legislative collaboration is encouraged through amendments
✓ The article balances power between the Assembly and Council.

FAQs

Article 197 of the Indian Constitution outlines the powers of the Legislative Council regarding bills that are not Money Bills. It specifically states the procedure that must be followed if a bill passed by the Legislative Assembly is rejected, not acted upon, or amended by the Legislative Council. This article mainly affects the legislative process in states that have a bicameral legislature, meaning they have both an Assembly and a Council.

The Assembly may also make amendments based on suggestions from the Council. If the Council again rejects the bill or does not act on it within one month, the bill is deemed passed as per the Assembly’s second version. This mechanism helps to maintain a check and balance between the two legislative bodies while ensuring that the will of the elected Assembly prevails.

It is key to note that Article 197 does not apply to Money Bills, which are financial in nature and have specific rules governing their passage. This distinction is key because it protects the financial powers of the Assembly. The provisions in Article 197 ensure that while the Legislative Council has a role in reviewing legislation, it cannot indefinitely stall bills passed by the more directly elected Legislative Assembly, thereby fostering a more efficient legislative process in the states.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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