Article 197 of Constitution of India – Restriction on powers of Legislative Council as to Bills other than Money Bills
Article 197 of Constitution of India deals with Restriction on powers of Legislative Council as to Bills other than Money Bills
Original Text of Article 197 of Constitution of India
(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.
Questions related to Article 197 of Constitution of India
Article 197 deals with the powers of the Legislative Council (Upper House) in states having a bicameral legislature, specifically regarding non-Money Bills, as per the Constitution of India.
No, the Legislative Council can delay a bill for a maximum of four months (three months initially and one month if returned), but it cannot permanently block it, as outlined in the Articles of Indian Constitution.
If the Council rejects the bill, or does not return it within the prescribed time, the Legislative Assembly can pass it again, and it is deemed passed by both Houses, as explained in Article 197 and verified on Indian Kanoon.
No, Money Bills are governed by Article 198 and 199, and the Legislative Council has even fewer powers over them. Article 197 applies only to non-Money Bills under the Indian Constitution.
You can refer to Indian Kanoon for constitutional case laws, state-specific legislative practices, and debates regarding Legislative Council powers under Article 197 of the Indian Constitution.
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