📜 Article 197 of the Indian Constitution
Title: Restriction on powers of Legislative Council as to Bills other than Money Bills
🔹 Text Summary:
Article 197 describes the limited role of the Legislative Council (Vidhan Parishad) in passing non-Money Bills in states with a bicameral legislature (i.e., both Legislative Assembly and Council).
📌 Key Provisions:
| Clause | Provision |
|---|---|
| (1) | If a non-Money Bill is passed by the Legislative Assembly and then rejected or not acted upon within 3 months by the Legislative Council, the Assembly may pass the Bill again. |
| (2) | If the Assembly passes the Bill again, and the Council: |
| – Rejects it again, or | |
| – Does not act within 1 month, | |
| 👉 Then the Bill is deemed passed by both Houses and sent to the Governor for assent. |
🧠 Key Takeaways:
-
The Legislative Council has only delaying powers, not the power to block a bill.
-
It can delay a non-Money Bill for a maximum of 4 months (3 months in the first round + 1 month in the second).
-
This ensures the supremacy of the Legislative Assembly (Vidhan Sabha), which is directly elected.
✅ Applicable To:
States with bicameral legislatures, such as:
-
Uttar Pradesh
-
Maharashtra
-
Bihar
-
Karnataka
-
Andhra Pradesh
-
Telangana
🏛️ Example:
| Action | Time Delay |
|---|---|
| Assembly passes Bill | — |
| Council delays it for 3 months | 3 months |
| Assembly passes it again | — |
| Council delays it again for 1 month | 1 month |
| ✅ Total Delay Possible | 4 months |
After this, the Bill is considered passed and is sent to the Governor.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 198 | Governor's assent to Bills |
| 199 | Money Bills in the State Legislature |
| 200 | Governor’s options after receiving a Bill |
| 197 | Limits Council’s power over non-Money Bills |
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