Article 197 In English | Article 197 Of Indian Constitution In English | What Is Article 197

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Article 197 Of Indian Constitution In English

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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Article 197 In English

197 Article – Restriction on the powers of the Legislative Council in respect of Bills other than Money Bills.
(1) If a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and sent to the Legislative Council.
(a) the Bill is rejected by the Council; either
(b) more than three months have elapsed from the date on which the Bill is laid before the Council, without the Bill being passed by it; either
(c) the Bill is passed by the Council with amendments not agreed to by the Legislative Assembly; The Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or any subsequent session with or without such amendments, if any, as may be suggested by the Legislative Council. is given or agreed to and can then be transmitted. Bill so passed in the Legislative Council.
(2) If after a Bill has been so passed by the Legislative Assembly for the second time and transmitted to the Legislative Council
(a) the Bill is rejected by the Council; either
(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; either
(c) the Bill is passed by the Council with amendments not agreed to by the Legislative Assembly; 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 may be made or suggested by the legislation. Agreed by the Council and the Legislative Assembly.
(3) Nothing in this article shall apply to a Money Bill.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 197 Of Indian Constitution?

Article 197 Debate Summary

Draft Article 172 (Article 197) was debated on 1 August 1949. It placed certain restrictions on the powers of the State Legislative Councils with respect to the passing of all Bills except Money Bills. The chairman of the drafting committee introduced an amendment to completely replace the draft article to allow the Legislative Assembly to prevail in case of differences between the two houses.

The debate in the assembly was based on this amendment. Some members opposed this saying that the Legislative Council should have adequate opportunities to discharge its functions; The time limit imposed by the current amendment would thwart the Council’s ability to perform its duties.

In response, one member pointed out that the purpose of the council was to act as a check on the assembly, and to ensure that legislation was not passed in haste; It was never intended to have similar powers. Other members argued that under clause (1) (b), the Council was given very little time to consider a Bill before it was passed back to the Assembly.

A member of the drafting committee moved an amendment in clause (1) (b) to increase the time limit from two months to three. The Chairman replied that the prescribed time period was adopted to ensure expediency in legislative matters; However, he accepted the proposed amendment. Both the amendments were accepted by the Assembly. The amended draft article was adopted on 1 August 1949.

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