State Legislature
Chapter
III The State Legislature
Article
168 Constitution of Legislatures in States
(1) For
every State there shall be a Legislature which shall consist of the
Governor, and -
(a) in the States of Bihar, Maharashtra,
Karnatatka, and Uttar Pradesh, two Houses;
(b) in other States,
one House.
(2) Where there are two Houses of the Legislature of
a State, one shall be known as the Legislative Council and the other
as the Legislative Assembly, and where there is only one House, it
shall be known as the Legislative Assembly.
Article
169 Abolition or creation of Legislative Councils in States
(1)
Notwithstanding anything in article 168 ,
Parliament may by law provide for the abolition of the Legislative
Council of a State having such a Council or for the creation of such
a Council in as State having no such Council, if the Legislative
Assembly of the State passes a resolution to that effect by a
majority of the total membership of the Assembly and by a majority of
not less than two-thirds of the members of the Assembly present and
voting.
(2) Any law referred to in clause (1) shall contain such
provisions for the amendment of this Constitution as may be necessary
to give effect to the provisions of the law and may also contain such
supplemental, incidental and consequential provisions as Parliament
may deem necessary.
(3) No such law as aforesaid shall be deemed
to be an amendment of this Constitution for the purposes of article
368 .
Article
170 Composition of the Legislative Assemblies
(1)
Subject to the provisions of article 333 ,
the Legislative Assembly of each State shall consists of not more
than five hundred, and not less than sixty, members chosen by direct
election from territorial constituencies in the State.
(2) For
the purposes of clause (1), each State shall be divided into
territorial constituencies in such manner that the ratio between the
population of each constituency and the number of seats allotted to
it shall, so far as practicable, be the same throughout the
State.
Explanation: In this clause, the expression "population"
means the population as ascertained at the last preceding census of
which the relevant figures have been published:
Provided that
the reference in this Explanation to the last preceding census of
which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 2000 have
been published, be construed as a reference to the 1971 census.
(3)
Upon the completion of each census, the total number of seats in the
Legislative Assembly of each State and the division of each State
into territorial constituencies shall be readjusted by such authority
and in such manner as Parliament may by law determine:
Provided
that such readjustment shall not affect representation in the
Legislative Assembly until the dissolution of the then existing
Assembly:
Provided further that such readjustment shall take
effect from such date as the President may, by order, specify and
until such readjustment takes effect, any election to the Legislative
Assembly may be held on the basis of the territorial constituencies
existing before such readjustment:
Provided also that until the
relevant figures for the first census taken after the year 2000 have
been published, it shall not be necessary to readjust the total
number of seats in the Legislative Assembly of each State and the
division of such State into territorial constituencies under this
clause.
Article
171 Composition of the Legislative Council
(1) The
total number of members in the Legislative Council of a State having
such a Council shall not exceed one-third of the total number of
members in the Legislative Assembly of that State:
Provided that
the total number of members in the Legislative Council of a State
shall in no case be less than forty.
(2) Until Parliament by law
otherwise provides, the composition of the Legislative Council of a
State shall be as provided in clause (3).
(3) Of the total
number of members of the Legislative Council of a State -
(a) as
nearly as may be, one-third shall be elected by electorates
consisting of members of municipalities, district boards and such
other local authorities in the State as Parliament may by law
specify;
(b) as nearly as may be, one-twelfth shall be elected
by electorates consisting of persons residing in the State who have
been for at least three years graduates of any university in the
territory of India or have been for at least three years in
possession of qualifications prescribed by or under any law made by
Parliament as equivalent to that of a graduate of any such
university;
(c) as nearly as may be, one-twelfth shall be
elected by electorates consisting of persons who have been for at
least three years engaged in teaching in such educational
institutions within the State, not lower in standard than that of a
secondary school, as may be prescribed by or under any law made by
Parliament;
(d) as nearly as may be, one-third shall be elected
by the members of the Legislative Assembly of the State from amongst
persons who are not members of the Assembly;
(e) the remainder
shall be nominated by the Governor in accordance with the provisions
of clause (5).
(4) The members to be elected under sub-clause
(a), (b) and (c) of clause (3) shall be chosen in such territorial
constituencies as may be prescribed by or under any law made by
Parliament, and the elections under the said sub-clauses and under
sub-clause (d) of the said clause shall be held in accordance with
the system of proportional representation by means of the single
transferable vote.
(5) The members to be nominated by the
Governor under sub-clause (e) of clause (3) shall consists of persons
having special knowledge or practical experience in respect of such
matters as the following, namely: -
Literature, science, art,
co-operative movement and social service.
Article
172 Duration of States Legislatures
(1) Every
Legislative Assembly of every State, unless sooner dissolved, shall
continue for five years from the date appointed for its first meeting
and no longer and the expiration of the said period of five years
shall operate as a dissolution of the Assembly:
Provided that
the said period may, while a Proclamation of Emergency is in
operation, be extended by Parliament by law for a period not
exceeding one year at a time and not extending in any case beyond a
period of six months after the Proclamation has ceased to
operate.
(2) The Legislative Council of a State shall not be
subject to dissolution, but as nearly as possible one-third of the
members thereof shall retire as soon as may be on the expiration of
every second year in accordance with the provisions made in that
behalf by Parliament by law.
Article
173 Qualification for membership of the State Legislature
A
person shall not be qualified to be chosen to fill a seat in the
Legislature of a State unless he -
(a) is a citizen of India,
and makes and subscribes before some person authorised in that behalf
by the Election Commission an oath or affirmation according to the
form set out for the
purpose in the Third Schedule;
(b) is,
in the case of a seat in the Legislative Assembly, not less than
twenty-five years of age and, in the case of a seat in the
Legislative Council, not less that thirty years of age; and
(c)
possesses such other qualifications as may be prescribed in that
behalf by or under any law made by parliament.
Article
174 Sessions of the State Legislature, prorogation and
dissolution
(1) The Governor shall from time to time
summon the House or each House of the Legislature of the state to
meet at such time and place as he thinks fit, but six months shall
not intervene between its last sitting in one session and the date
appointed for its first sitting in the next session.
(2) The
Governor may from time to time -
(a) prorogue the House or
either House;
(b) dissolve the Legislative Assembly.
Article
175 Right of Governor to address and send messages to the House or
Houses
(1) The Governor may address the Legislative
Assembly or, in the case of a State having a Legislative Council,
either House of the Legislature of the State, or both Houses
assembled together, and may for that purpose require the attendance
of members.
(2) The Governor may send messages to the House or
Houses of the Legislature of the State, whether with respect of a
Bill then pending in the Legislature or otherwise, and a House to
which any message is so sent shall with all convenient despatch
consider any matter required by the message to be taken into
consideration.
Article
176 Special address by the Governor
(1) At the
commencement of the first session after each general election to the
Legislative Assembly and at the commencement of the first session of
each year, the Governor shall address the Legislative Assembly or, in
the case of a State having a Legislative Council, both Houses
assembled together and inform the Legislature of the causes of its
summons.
(2) Provision shall be made by the rules regulating the
procedure of the House or either House for the allotment of time for
discussion of the matters referred to in such address.
Article
177 Rights of Ministers and Advocate
General as respects the
Houses-Every Minister and the Advocate-General for a State shall have
the rights to speak in, and otherwise to take part in the proceedings
of, the Legislative Assembly of the State or, in the case of a State
having a Legislative Council, both Houses, and to speak in, and
otherwise to take part in the proceedings of, any committee of the
Legislature of which he may be named a member, but shall not, by
virtue of this article, be entitled to vote.
Article
178 The Speaker and Deputy Speaker of the Legislative Assembly
Every
Legislative Assembly of a State shall, as soon as may be, choose two
members of the Assembly to be respectively Speaker and Deputy Speaker
thereof and, so often as the office of Speaker or Deputy Speaker
becomes vacant, the Assembly shall choose another member to be
Speaker or Deputy Speaker, as the case may be.
Article
179 Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker
A member holding office as
Speaker or Deputy Speaker of an Assembly -
(a) shall vacate his
office if he ceases to be a member of the Assembly;
(b) may at
any time by writing under his hand addressed, if such members is the
Speaker, to the Deputy Speaker, and if such member is the Deputy
Speaker, to the Speaker, resign his
office; and
(c) may be
removed from his office by a resolution of the Assembly passed by a
majority of all the then members of the Assembly:
Provided that
no resolution for the purpose of clause (c) shall be moved unless at
least fourteen days' notice has been given of the intention to move
the resolution:
Provided further that, whenever the Assembly is
dissolved, the speaker shall not vacate his office until immediately
before the first meeting of the Assembly after the dissolution.
Article
180 Power of the Deputy Speaker or other person to perform the duties
of the office of, or to act as, Speaker
(1) While the
office of Speaker is vacant, the duties of the office shall be
performed by the Deputy Speaker or, if the office of Deputy speaker
is also vacant, by such member of the Assembly as the Governor may
appoint for the purpose.
(2) During the absence of the Speaker
from any sitting of the Assembly the Deputy Speaker or, if he is also
absent, such person as may be determined by the rules of procedure of
the Assembly, or, if no such person is present, such other person as
may be determined by the Assembly, shall act as Speaker.
Article
181 The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration
(1)
At any sitting of the Legislative Assembly, while any resolution for
the removal of the Speaker from his office is under consideration,
the Speaker, or while any resolution for the removal of the Deputy
Speaker from his office is under consideration, the Deputy Speaker,
shall not, though he is present, preside, and the provisions of
clause (2) of article 180
shall apply in relation to every such sitting as they apply in
relation to a sitting from which the Speaker or, as the case may be,
the Deputy Speaker, is absent.
(2) The Speaker shall have the
right to speak in, and otherwise to take part in the proceedings of,
the Legislative Assembly while any resolution for his removal from
office is under consideration in the Assembly and shall,
notwithstanding anything in article 189 ,
be entitled to vote only in the first instance on such resolution or
on any other matter during such proceedings but not in the case of an
equality of votes.
Article
182 The Chairman and Deputy Chairman of the Legislative Council
The
Legislative Council of every State having such Council shall, as soon
as may be, choose two members of the Council to be respectively
Chairman and Deputy Chairman thereof and, so often as the office of
Chairman or Deputy Chairman becomes vacant, the Council shall choose
another member to be Chairman or Deputy Chairman, as the case may be.
Article
183 Vacation and resignation, of and removal from, the offices of
Chairman and Deputy Chairman
A member holding office as
Chairman or Deputy Chairman of a Legislative Council -
(a) shall
vacate his office if he ceases to be a member of the Council;
(b)
may at any time by writing under his hand addressed, if such members
is the Chairman, to the Deputy Chairman, and if such member is the
Deputy Chairman, to the Chairman, resign his office; and
(c) may
be removed from his office by a resolution of the Council passed by a
majority of all the then members of the Council:
Provided that
no resolution for the purpose of clause (c) shall be moved unless at
least fourteen days' notice has been given of the intention to move
the resolution.
Article
184 Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman
(1)
While the office of Chairman is vacant, the duties of the office
shall be performed by the Deputy Chairman or, if the office of Deputy
Chairman is also vacant, but such members of the Council as the
Governor may appoint for the purpose.
(2) During the absence of
the Chairman from any sitting of the Council the Deputy Chairman or,
if he is also absent, such person as may be determined by the rules
of procedure of the Council, or, if no such person is present, such
other person as may be determined by the Council, shall act as
Chairman.
Article
185 The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration
(1)
At any sitting of the Legislative Council, while any resolution for
the removal of the Chairman from his office if under consideration,
the Chairman, or while any resolution for the removal of the Deputy
Chairman from his office is under consideration, the Deputy Chairman,
shall not, though he is present, preside, and the provisions of
clause (2) of article 184 shall apply in relation to every such
sitting as they apply in relation to a sitting from which the
Chairman or, as the case may be, the Deputy Chairman is absent.
(2)
The Chairman shall have the right to speak in, and otherwise to take
part in the proceedings of, the Legislative Council while any
resolution for his removal from office is under consideration in the
Council and shall, notwithstanding anything in article 189, be
entitled to vote only in the first instance on such resolution or on
any other matter during such proceedings but not in the case of an
equality of votes.
Article
186 Salaries and allowances of the Speaker and Deputy Speaker and the
Chairman and Deputy Chairman
There shall be paid to the
Speaker and the Deputy Speaker of the Legislative Assembly, and to
the Chairman and the Deputy Chairman of the Legislative Council, such
salaries and allowances as may be respectively fixed by the
Legislature of the State by law and, until provision in that behalf
is so made, such salaries and allowances as are allowances as are
specified in the Second Schedule.
Article
187 Secretariat of State Legislature
(1) The House or
each House of the Legislature of a state shall have a separate
secretarial staff:
Provided that nothing in this clause shall,
in the case of the Legislature of a State having a Legislative
Council, be construed as preventing the creation of posts common to
both Houses of such Legislature.
(2) The Legislature of a State
may by law regulate the recruitment, and the conditions of service of
persons appointed, to the secretarial staff of the House or Houses of
the Legislature of the State.
(3) Until provisions made by the
Legislature of the State under clause (2), the Governor may, after
consultation with the Speaker of the Legislative Assembly or the
Chairman of the Legislative Council, as the case may be, make rules
regulating the recruitment, and the conditions of service of persons
appointed, to the secretarial staff of the Assembly or the Council,
and any rules so made shall have effect subject to the provisions of
any law made under the said clause.
Article
188 Oath or affirmation by members
Every member of the
Legislative Assembly or the Legislative Council of a State shall,
before taking his seat, make and subscribe before the Governor, or
some person appointed in that behalf by him, an oath or affirmation
according to the form set out for the purpose in the Third Schedule.
Article
189 Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum
(1) Save as otherwise provided in
this Constitution, all questions at any sitting of a House of the
Legislature of a State shall be determined by a majority of votes of
the members present and voting, other than the Speaker of Chairman,
or person acting as such.
The Speaker or Chairman, or person
acting as such, shall not vote in the first instance, but shall have
and exercise a casting
vote in the case of an equality of
votes.
(2) A House of the Legislature of a State shall have
power to act notwithstanding any vacancy in the membership thereof,
and any proceedings in the Legislature of a State shall be valid
notwithstanding that it is discovered subsequently that some person
who was not entitled so to do sat or voted or otherwise took part in
the proceedings.
(3) Until the Legislature of the State by law
otherwise provides, the quorum to constitute a meeting of a House of
the Legislature of a State shall be ten members or one-tenth of the
total number of members of the House, whichever is greater.
(4)
If at any time during a meeting of the Legislative Assembly of the
Legislative Council of a State there is no quorum, it shall be the
duty of the Speaker or Chairman, or persons acting as such, either to
adjourn the House or to suspend the meeting until there is a quorum.
Article
190 Vacation of seats
(1) No person shall be a member
of both Houses of the Legislature of a State and provision shall be
made by the Legislature of the State by law for the vacation by a
person who is chosen a member of both Houses of his seat in one House
or the other.
(2) No person shall be a member of the
Legislatures of two or more States specified in the First Schedule
and if a person is chosen a member of the Legislatures of two or more
such States, then, at the expiration of such period as may be
specified in rules made by the President, that person's seat in the
Legislatures of all such States shall become vacant, unless he has
previously resigned his seat in the Legislatures of all but one of
the States.
(3) If a member of a House of the Legislature of a
State -
(a) becomes subject to any of the disqualifications
mentioned in clause (1) or clause (2) of article 191; or
(b)
resigns his seat by writing under his hand addressed to the Speaker
or the Chairman, as the case may be, and his resignation is accepted
by the Speaker or the Chairman, as the case may be,
his seat
shall thereupon become vacant:
Provided that in the case of any
resignation referred to in sub-clause (b), if from information
received or otherwise and after making such inquiry as he thinks fit,
the Speaker or the Chairman, as the case may be, is satisfied that
such resignation is not voluntary or genuine, he shall not accept
such resignation.
(4) If for a period of sixty days a member of
a House of the Legislature of a State is without permission of the
House absent from all meetings thereof, the House may declare his
seat vacant:
Provided that in computing the said period of sixty
days no account shall be taken of any period during which the House
is prorogued or is adjourned for more than four consecutive days.
Article
191 Disqualification for membership
(1) A person shall
be disqualified for being chosen as, and for being, a member of the
legislative Assembly or Legislative Council of a State -
(a) if
he holds any office of profit under the Government of India or the
Government of any State specified in the First Schedule, other than
an office declared by the Legislature of the State by law not to
disqualify its holder;
(b) if he is of unsound mind and stands
so declared by a competent court;
(c) if he is an undischarged
insolvent;
(d) if he is not a citizen of India, or has
voluntarily acquired the citizenship of a foreign State, or is under
any acknowledgment
of allegiance or adherence to a foreign
State;
(e) if he is so disqualified by or under any law made by
Parliament.
Explanation: For the purposes of this clause, a
person shall not be deemed to hold an office of profit under the
Government of India or the Government of any State specified in the
First Schedule by reason only that he is a Minister either for the
Union or for such State.
(2) A person shall be disqualified for
being a member of the Legislative Assembly or Legislative Council of
a State if he is so disqualified under the Tenth Schedule.
Article
192 Decision on question as to disqualifications of members
(1)
If any question arises as to whether a member of a House of the
Legislature of a State has become subject to any of the
disqualifications mentioned in clause (1) of article 191, the
question shall be referred for the decision of the Government and his
decision shall be final.
(2) Before giving any decision on any
such question, the Governor shall obtain the opinion of the Election
Commission and shall act according to such opinion.
Article
193 Penalty for sitting and voting before making oath or affirmation
under article 188 or when not qualified or when disqualified
If
a person sits or votes as a member of the Legislative Assembly or the
Legislative Council of a State before he has complied with the
requirements of article 188, or when he knows that he is not
qualified or that he is disqualified for membership thereof, or that
he is prohibited from so doing by the provisions of any law made by
Parliament or the Legislature of the State, he shall be liable in
respect of each day on which he so sits or votes to a penalty of five
hundred rupees to be recovered as a debt due to the State.
Article
194 Powers, privileges, etc., of the Houses of Legislatures and of
the members and committees thereof
(1) Subject to the
provisions of this Constitution and to the rules and standing orders
regulating the procedure of the Legislature, there shall be freedom
of speech in the Legislature of every State.
(2) No member of
the Legislature of a State shall be liable to any proceedings in any
court in respect of anything said or any vote given by him in the
Legislature or any committee thereof, and no person shall be so
liable in respect of the publication by or under the authority of a
House of Such a Legislature of any report, paper, votes or
proceedings.
(3) In other respects, the powers, privileges and
immunities of a House of the Legislature of a State, and of the
members and the committees of a House of such Legislature, shall be
such as may from time to time be defined by the Legislature by law,
and until so defined, shall be those of that House and of its members
and committees immediately before the coming into force of section 26
of the Constitution (Forty-fourth Amendment) Act. 1978.
(4) The
provisions of clauses (1), (2) and (3) shall apply in relation to
persons who by virtue of this Constitution have the right to speak
in, and otherwise to take part in the proceedings of, a House of the
Legislature of a State or any committee thereof as they apply in
relation to members of that Legislature.
Article
195 Salaries and allowances of members
Members of the
Legislative Assembly and the Legislative Council of a State shall be
entitled to receive such salaries and allowances as may from time to
time be determined, by the Legislature of the State by law and, until
provision in that respect is so made, salaries and allowances at such
rates and upon such conditions as were immediately before the
commencement of this Constitution applicable in the case of members
of the Legislative Assembly of the corresponding province.
Article
196 Provisions as to introduction and passing of Bills
(1)
Subject to the provisions of article 198 and 207 with respect to
Money Bills and other financial Bills, a Bill may originate in either
House of the Legislature of a State which has a Legislative
Council.
(2) Subject to the provisions of articles 197 and 198,
a Bill shall not be deemed to have been passed by the Houses of the
Legislature of a State having a Legislative Council unless it has
been agreed to by both Houses, either without amendment or with such
amendments only as are agreed to by both Houses.
(3) A Bill
pending in the Legislature of a State shall not lapse by reason of
the prorogation of the House or Houses thereof.
(4) A Bill
pending in the Legislative Council of a State which has not been
passed by the Legislative Assembly shall not lapse on a dissolution
of the Assembly.
(5) A Bill which is pending in the Legislative
Assembly of a State, or which having been passed by the Legislative
Assembly is pending in the Legislative Council, shall lapse on a
dissolution of the Assembly.
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.
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.
Article
199 Definition of "Money Bills"
For the purposes
of this Chapter, a Bill shall be deemed to be a Money Bill if it
contains only provisions dealing with all or any of the following
matters, namely: -
(a) the imposition, abolition, remission,
alteration or regulation of any tax;
(b) the regulation of the
borrowing of money or the giving of any guarantee by the State, or
the amendment of the law with respect to any financial obligations
undertaken or to be undertaken by the State;
(c) the custody of
the Consolidated Fund or the Contingency Fund of the State, the
payment of moneys into or the withdrawal of moneys from any such
Fund;
(d) the appropriation of moneys out of the Consolidated
Fund of the State;
(e) the declaring of any expenditure to be
expenditure charged on the Consolidated Fund of the State or the
increasing of the amount of any such expenditure;
(f) the
receipt of money on account of the Consolidated Fund of the State or
the public account of the State or the custody or issue of such
money; or
(g) any matter incidental to any of the matters
specified in sub-clauses (a) to (f).
(2) A Bill shall not be
deemed to be a Money Bill by reason only that it provides for the
imposition of fines or other pecuniary penalties, or for the demand
or payment of fees for licenses or fees for services rendered, or by
reason that it provides for the imposition, abolition, remission,
alteration or regulation of any tax by any local authority or body
for local purposes.
(3) If any question arises whether a Bill
introduced in the Legislature of a State which has a Legislative
Council is a Money Bill or not, the decision of the Speaker of the
Legislative Assembly of such State thereon shall be final.
(4)
There shall be endorsed on every Money Bill when it is transmitted to
the Legislative Council under article 198, and when it is presented
to the Governor for assent under article 200, the certificate of the
Speaker of the Legislative Assembly signed by him that it is a Money
Bill.
Article
200 Assent to Bills
When a Bill has been passed by the
Legislative Assembly of a State or, in the case of a State having a
Legislative Council, has been passed by both Houses of the
Legislature of the State, it shall be presented to the Governor and
the Governor shall declare either that he assents to the Bill or that
he withholds assent therefrom or that he reserves the Bill for the
consideration of the President:
Provided that the Governor may,
as soon as possible after the presentation to him of the Bill for
assent, return the Bill if it is not a Money Bill together with a
message requesting that the House or Houses will reconsider the Bill
or any specified
provisions thereof and, in particular, will
consider the desirability of introducing any such amendments as he
may recommend in his message and, when a Bill is so returned, the
House or Houses shall reconsider the Bill accordingly, and if the
Bill is passed again by the House or Houses with or without amendment
and presented to the Governor for assent, the Governor shall not
withhold assent therefrom:
Provided further that the Governor
shall not assent to, but shall reserve for the consideration of the
President, any Bill which in the opinion of the Governor would, if it
became law, so derogate from the powers of the High Court as to
endanger the position which that Court is by this Constitution
designed to fill.
Article
201 Bills reserved for consideration
When a Bill is reserved
by a Governor for the consideration of the President, the President
shall declare either that he assents to the Bill or that he withholds
assent therefrom:
Provided that, where the Bill is not a Money
Bill, the President may direct the Governor to return the Bill to the
House or, as the case may be, the Houses of the Legislature of the
State together with such a message as is mentioned in the first
proviso to article 200 and, when a Bill is so returned, the House or
Houses shall reconsider it accordingly within a period of six months
from the date of receipt of such message and, if it is again passed
by the House or Houses with or without amendment, it shall be
presented again to the President for his consideration.
Article
202 Annual financial statement
(1) The Governor shall
in respect of every financial year cause to be laid before the House
or Houses of the Legislature of the State a statement of the
estimated receipts and expenditure of the State for that year, in
this Part referred to as the annual financial statement.
(2) The
estimates of expenditure embodied in the annual financial statement
shall show separately -
(a) the sums required to meet
expenditure described by this Constitution as expenditure charged
upon the Consolidated Fund of the State; and
(b) the sums
required to meet other expenditure proposed to be made from the
Consolidated Fund of the State, and shall distinguish expenditure on
revenue account from other expenditure.
(3) The following
expenditure shall be expenditure charged on the Consolidated Fund of
each State -
(a) the emoluments and allowances of the Governor
and other expenditure relating to his office;
(b) the salaries
and allowances of the Speaker and the Deputy Speaker of the
Legislative Assembly and, in the case of State having a Legislative
Council, also of the Chairman and the Deputy Chairman of the
Legislative Council;
(c) debt charges for which the State is
liable including interest, sinking fund charges and redemption
charges, and other expenditure relating to the raising of loans and
the service and redemption of debt;
(d) expenditure in respect
of the salaries and allowances of Judges of any High Court;
(e)
any sums required to satisfy any judgment, decree or award of any
court or arbitral tribunal;
(f) any other expenditure declared
by this Constitution, or by the Legislature of the State by law, to
be so charged.
Article
203 Procedure in Legislature with respect to estimates
(1)
So much of the estimates as relates to expenditure charged upon the
Consolidated Fund of a State shall not be submitted to the vote of
the Legislative Assembly, but nothing in this clause
shall be
construed as preventing the discussion in the Legislature of any of
those estimates.
(2) So much of the said estimates as relates to
other expenditure shall be submitted in the form of demands for
grants to the Legislative Assembly, and the Legislative Assembly
shall have power to assent, or to refuse to assent, to any demand, or
to assent to any demand subject to a reduction of the amount
specified therein.
(3) No demand for a grant shall be made
except on the recommendation of the Governor.
Article
204 Appropriation Bills
(1) As soon as may be after
the grants under article 203 have been made by the Assembly, there
shall be introduced a Bill to provide for the appropriation out of
the Consolidated Fund of the State of all moneys required to meet -
(a) the grants so made by the Assembly; and
(b) the expenditure
charged on the Consolidated Fund of the State but not exceeding in
any case the amount shown in the statement previously laid before the
House or Houses.
(2) No amendment shall be proposed to any such
Bill in the House or either House of the Legislature of the State
which will have the effect of varying the amount or altering the
destination of any grant so made or of varying the amount of any
expenditure charged on the Consolidated Fund of the State, and the
decision of the person presiding as to whether an amendment is
inadmissible under this clause shall be final.
(3) Subject to
the provisions of articles 205 and 206, no money shall be withdrawn
from the Consolidated Fund of the State except under appropriation
made by law passed in accordance with the provisions of this article.
Article
205 Supplementary, additional or excess grants
(1) The
Governor shall - (a) if the amount authorised by any law made in
accordance with the provisions of article 204 to be expended for a
particular service for the current financial year is found to be
insufficient for the purposes of that year or when a need has arisen
during the current financial year for supplementary or additional
expenditure upon some new service not contemplated in the annual
financial statement for that year, or
(b) if any money has been
spent on any service during a financial year in excess of the amount
granted for that service and for that year,
cause to be laid
before the House or the Houses of the Legislature of the State
another statement showing the estimated amount of that expenditure or
cause to be presented to the Legislative Assembly of the State a
demand for such excess, as the case may be.
(2) The provisions
of articles 202, 203 and 204 shall have effect in relation to any
such statement and expenditure or demand and also to any law to be
made authorising the appropriation of moneys out of the Consolidated
Fund of the State to meet such expenditure or the grant in respect of
such demand as they have effect in relation to the annual financial
statement and the expenditure mentioned therein or to a demand for a
grant and the law to be made for the authorisation of appropriation
of moneys out of the Consolidated Fund of the State to meet such
expenditure or grant.
Article
206 Votes on account, votes of credit and exceptional grants
(1)
Notwithstanding anything in the foregoing provisions of this Chapter,
the Legislative Assembly of a State shall have power -
(a) to
make any grant in advance in respect of the estimated expenditure for
a part of any financial year pending the completion of the procedure
prescribed in article 203 for the
voting of such grant and the
passing of the law in accordance with the provisions of article 204
in relation to that expenditure;
(b) to make a grant for meeting
an unexpected demand upon the resources of the State when on account
of the magnitude or the indefinite character of the service the
demand cannot be stated with the details ordinarily given in an
annual financial statement;
(c) to make an exceptional grant
which forms no part of the current service of any financial year,
and
the Legislature of the State shall have power to authorise by law the
withdrawal of moneys from the Consolidated Fund of the State for the
purposes for which the said grants are made.
(2) The provisions
of articles 203 and 204 shall have effect in relation to the making
of any grant under clause (1) and to any law to be made under that
clause as they have effect in relation to the making of a grant with
regard to any expenditure mentioned in the annual financial statement
and the law to be made for the authorisation of appropriation of
moneys out of the Consolidated Fund of the state to meet such
expenditure.
Article
207 Special provisions as to financial Bills
(1) A
Bill or amendment making provision for any of the matters specified
in sub-clauses (a) to (f) of clause (1) of article 199 shall not be
introduced or moved except on the recommendation of the Governor, and
a Bill making such provision shall not be introduced in a Legislative
Council:
Provided that no recommendation shall be required under
this clause for the moving of an amendment making provision for the
reduction or abolition of any tax.
(2) A Bill or amendment shall
not be deemed to make provision for any of the matters aforesaid by
reason only that it provides for the imposition of fines or other
pecuniary penalties, or for the demand or payment of fees for
licenses or fees for services rendered, or by reason that it provides
for the imposition, abolition, remission, alteration or regulation of
any tax by any local authority or body for local purposes.
(3) A
Bill which, if enacted and brought into operation, would involve
expenditure from the Consolidated Fund of a State shall not be passed
by a House of the Legislature of the State unless the Governor has
recommended to that House the consideration of the Bill.
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.
Article
209 Regulation by law of procedure in the Legislature of the State in
relation to financial business
The Legislature of a State
may, for the purpose of the timely completion of financial business,
regulate by law the procedure of, and the conduct of business in, the
House or Houses of the Legislature of the State in relation to any
financial matter or to any Bill for the appropriation of moneys out
of the Consolidated Fund of the State, and, if and so far as any
provision of any
law so made is inconsistent with any rule made
by the House or either House of the Legislature of the State under
clause (1) of article 208 or with any rule or standing order having
effect in relation to the Legislature of the State under clause (2)
of that article, such provision shall prevail.
Article
210 Language to be used in the Legislature
(1)
Notwithstanding anything in Part XVII, but subject to the provisions
of article 348, business in the Legislature of a State shall be
transacted in the official language or languages of the State or in
Hindi or in English:
Provided that the Speaker of the
Legislative Assembly or Chairman of the Legislative Council, or
person acting as such, as the case may be, may permit any member who
cannot adequately express himself in any of the languages aforesaid
to address the House in his mother-tongue.
(2) Unless the
Legislature of the State by law otherwise provides, this article
shall, after the expiration of a period of fifteen years from the
commencement of this Constitution, have effect as if the words or in
English were omitted therefrom:
Provided that in relation to the
Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya
and Tripura this clause shall have effect as if for the words fifteen
years occurring therein, the words twenty-five years were
substituted:
Provided further that in relation to the
Legislature of the States of Arunachal Pradesh, Goa and Mizoram, this
clause shall have effect as if for the words fifteen years occurring
therein, the words forty years were substituted.
Article
211 Restriction on discussion in the Legislature
No
discussion shall take place in the Legislature of a State with
respect to the conduct of any Judge of the Supreme Court or of a High
Court in the discharge of his duties.
Article
212 Courts not to inquire into proceedings of the Legislature
(1)
The validity of any proceedings in the Legislature of a State shall
not be called in question on the ground of any alleged irregularity
of procedure. (2) No officer or member of the Legislature of a State
in whom powers are vested by or under this Constitution for
regulating procedure or the conduct of business, or for maintaining
order, in the Legislature shall be subject to the jurisdiction of any
court in respect of the exercise by him of those powers.
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