Part VI - The States • Article

Article 208 Simplified: Rules of procedure

Article 208 gives each House of the State Legislature the power to make its own rules of procedure—how debates are conducted, how Bills move, how questions are asked, etc. Until a state makes its own rules, the old pre-Constitution procedural rules of the corresponding Province automatically apply (adapted by the Speaker or Chairman). In bicameral states, the Governor (after consulting the Speaker and Chairman) can also make rules for communication between the two Houses.

Official Text

(1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedureand the conduct of its business. (2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be. (3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses.

Simple Meaning

Explain Like Ten

Every assembly needs rules: how long can you speak? How do you vote? Who can ask questions? Article 208 lets each House write its own rulebook. Until they do, the old rules from before India became independent automatically apply. The Governor can also create rules specifically for how the two Houses of a bicameral legislature talk to each other.

Student Mode

Article 208 mirrors Article 118 (Parliament's procedural rule-making power). Three components: (1) Each House may make its own procedure rules subject to the Constitution; (2) Transitional provision—pre-Constitution provincial legislature rules apply until new rules are made, adaptable by the Speaker/Chairman; (3) In bicameral states, Governor (after consulting Speaker and Chairman) can make inter-house communication rules.

Example

When Telangana was created as a new state in 2014, it didn't immediately have its own procedural rules. Under Article 208, the old Andhra Pradesh rules applied to Telangana's Assembly until Telangana's legislature enacted its own procedural rules. The Speaker could adapt these inherited rules as needed.

Key Takeaway

Article 208 gives State Houses autonomy to write their own procedural rulebooks, with inherited colonial-era rules as a safety net until new ones are made.

FAQs

Can the courts strike down a law because the legislature didn't follow its own procedural rules when passing it?

Generally no. Article 212 (which covers this) bars courts from inquiring into the validity of legislative proceedings on the grounds of procedural irregularity. The legislature's internal rules are a self-regulatory matter.

Who makes the rules for communication between a State's Legislative Assembly and Legislative Council?

The Governor, after consulting both the Speaker of the Assembly and the Chairman of the Council, may make rules for inter-house communications under Article 208(3).

Quiz

Under Article 208(3), who makes the rules for communication between the two Houses of a bicameral State Legislature?

Answer: The Governor, after consulting the Speaker and Chairman

Until a new state makes its own procedural rules under Article 208(1), which rules apply?

Answer: The pre-Constitution rules of the corresponding Province