Part VI - The States • Article

Article 196 Simplified: Provisions as to introduction and passing of Bills

Article 196 is the 'Traffic Rules for Bills' in a State Legislature. Key rules: 1) In states with a bicameral legislature (both Assembly and Council), Bills may originate in either House (except Money Bills). 2) A Bill is only 'passed' when both Houses agree to the same text. 3) A Bill pending in either House does NOT lapse due to prorogation. 4) A Bill pending in the Council does not lapse on dissolution of the Assembly. 5) A Bill pending in or passed by the Assembly DOES lapse on dissolution of the Assembly.

Official Text

(1) Subject to the provisions of articles 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.

Simple Meaning

Explain Like Ten

Think of the State Assembly and Council like two chambers of a relay race. A Bill is the baton. Article 196 says: in states with two chambers, a Bill can start in either one (except Money Bills). It only counts as 'passed' when both agree. If the Assembly is just on a break (prorogued), Bills don't die. But if the Assembly itself is dissolved, Bills that were in the Assembly are lost and must start over.

Student Mode

Article 196 has five distinct rules: (1) origin—Bills can start in either House of a bicameral state (except financial Bills); (2) passage—requires both Houses to agree on the same text; (3) prorogation—pending Bills don't lapse; (4) Assembly dissolution—Bills only in the Council don't lapse; (5) Assembly dissolution—Bills in the Assembly or passed by Assembly but pending in Council DO lapse.

Example

Karnataka has both a Legislative Assembly and a Legislative Council. An Opposition Bill introduced in the Council continues pending even if the Assembly is prorogued. But if the Governor dissolves the Assembly, a government Bill that was in the Assembly or waiting in the Council after passing the Assembly would lapse, requiring re-introduction in the new Assembly.

Key Takeaway

Article 196 governs where and how Bills originate, move, and survive (or lapse) in states with bicameral legislatures.

FAQs

Does a Bill lapse if the State Legislature is prorogued?

No. Article 196(3) explicitly states that prorogation does not cause pending Bills to lapse. Only dissolution of the Assembly can cause certain Bills to lapse.

If a Bill originated in the Council and the Assembly is dissolved, does the Bill lapse?

No. Under Article 196(4), a Bill pending in the Council that has not yet been passed by the Assembly does not lapse on dissolution of the Assembly.

Quiz

Under Article 196, which of the following Bills WILL lapse when the State Assembly is dissolved?

Answer: A Bill that was passed by the Assembly and is now pending in the Council

In a bicameral state, where can an ordinary (non-Money) Bill originate?

Answer: Either House