Introduction

The Indian Constitution is the supreme law of the land, providing the framework for the functioning of the government and the rights and duties of its citizens. One of the important aspects of the Constitution is the division of powers between the central and state governments.

In this article, we will focus on Article 197 of the Indian Constitution, which deals with the restrictions on the powers of the Legislative Council as to bills other than money bills.

Understanding the Legislative Council

The Indian Parliament consists of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Similarly, at the state level, there is a Legislative Assembly and a Legislative Council.

The Legislative Council, also known as the Vidhan Parishad, is the upper house of the state legislature. It is not present in all states of India and is a feature of bicameralism in some states. The Legislative Council is a permanent body, and its members are elected by various methods, including indirect elections, nominations, and elections by local authorities.

Article 197: Restriction on powers of Legislative Council

Article 197 of the Indian Constitution lays down certain restrictions on the powers of the Legislative Council with regard to bills other than money bills.

The article states that if a bill, other than a money bill, has been passed by the Legislative Assembly and transmitted to the Legislative Council, and the Council:

1. Rejects the bill; or
2. Does not pass the bill within a period of three months from the date of its receipt; or
3. Passes the bill with amendments to which the Legislative Assembly does not agree,

then the Legislative Assembly may, after the expiration of the said period of three months, again pass the bill with or without amendments, and if the bill is passed again, with or without amendments, by the Legislative Assembly, it shall be deemed to have been passed by both Houses.

Significance of Article 197

Article 197 serves as a check on the powers of the Legislative Council with respect to bills other than money bills. It ensures that the Legislative Assembly, which represents the will of the people, has the final say on such bills.

The provision allows the Legislative Assembly to reassert its authority on a bill that has been rejected or not passed by the Legislative Council. By doing so, it prevents any undue delay or obstruction in the legislative process.

Furthermore, Article 197 ensures that the Legislative Council does not have the power to make amendments to a bill that the Legislative Assembly does not agree to. This maintains the supremacy of the Legislative Assembly in matters of legislation.

Exceptions to Article 197

While Article 197 restricts the powers of the Legislative Council, it is important to note that it does not apply to all bills. There are certain exceptions to this provision.

Firstly, the article does not apply to money bills. Money bills, as defined in Article 110 of the Indian Constitution, are bills that exclusively deal with matters related to taxation, borrowing of money by the government, expenditure from the Consolidated Fund of India or the Consolidated Fund of a state, or the appropriation of money out of such funds.

Secondly, Article 197 does not apply to bills that have been referred to a joint sitting of both houses of the state legislature under Article 196 of the Indian Constitution. A joint sitting is convened when there is a disagreement between the two houses on a bill.

Conclusion

Article 197 of the Indian Constitution plays a crucial role in ensuring the smooth functioning of the legislative process. By placing restrictions on the powers of the Legislative Council with regard to bills other than money bills, it upholds the supremacy of the Legislative Assembly and prevents any undue delay or obstruction in the passage of legislation.

While the Legislative Council serves as an important forum for debate and discussion, Article 197 strikes a balance between the two houses and ensures that the will of the people, as represented by the Legislative Assembly, prevails in matters of legislation.

It is important for lawmakers and citizens alike to understand the provisions of the Indian Constitution, as they form the basis of our democratic system and safeguard the rights and interests of the people.