Part VI - The States • Article

Article 197 Simplified: Restriction on powers of Legislative Council as to Bills other than Money Bills

Article 197 is the 'Lower House Wins' rule for State Legislatures. It ensures the Legislative Assembly (directly elected by people) always has the final say over the Legislative Council for non-Money Bills. If the Council rejects a Bill, delays it for 3+ months, or adds unacceptable amendments, the Assembly can pass it again. If the Council still doesn't cooperate after the second pass (or delays 1+ month), the Bill is deemed passed by both Houses in the Assembly's version.

Official Text

(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.

Simple Meaning

Explain Like Ten

Imagine the Upper House (Council) keeps saying 'No' or 'Wait' to a Bill passed by the Lower House (Assembly). Article 197 says: after two chances, the Assembly wins. First, if the Council delays over 3 months, rejects, or makes unacceptable changes, the Assembly can re-pass the Bill. Then, if the Council again delays over 1 month or rejects, the Bill is deemed passed in the Assembly's version. The Council can slow things down but not permanently block.

Student Mode

Article 197 is the state-level equivalent of Article 108 (joint sitting) but without an actual joint sitting—instead, the Assembly simply passes the Bill twice. The mechanism: First pass by Assembly + Council fails = Assembly can re-pass. Second pass by Assembly + Council still fails = Bill deemed passed. Note: this ONLY applies to non-Money Bills (Article 197(3) excludes Money Bills).

Example

If Telangana's Legislative Assembly passes an education reform Bill and the Council delays it for over three months, the Assembly can re-pass it. After the second pass, if the Council again delays it for one month or more, the Bill becomes law regardless of the Council's objections—exactly as the Assembly passed it.

Key Takeaway

Article 197 gives the elected Legislative Assembly supremacy over the Council on non-Money Bills, preventing obstruction by the Upper House.

FAQs

After the Assembly passes a Bill for the second time, how long does the Council have to act before the Bill is deemed passed?

One month. If the Council does not pass the Bill within one month of the second transmission, it is deemed to have been passed by both Houses in the Assembly's version.

Does Article 197 apply to Money Bills?

No. Article 197(3) explicitly excludes Money Bills from this override mechanism. Money Bills are governed separately by Article 198.

Quiz

After the first pass, how long must the Council delay a Bill before the Assembly can re-pass it under Article 197?

Answer: Three months

After the Assembly's second pass, the Council has how long to act before the Bill is deemed passed?

Answer: One month