Part VI: The State Legislature

Article 196: Provisions as to Introduction and Passing of Bills

Original Article:

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

(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.

Explanations:

Article 196 of the Indian Constitution details the procedure for introducing and passing bills in the legislature of states with a bicameral structure, i.e., states that have both a Legislative Assembly and a Legislative Council. It establishes guidelines on how bills are processed within the state's legislative bodies and specifies the status of bills under certain conditions, such as prorogation or dissolution of the legislative assembly. This Article plays a crucial role in ensuring organized legislative procedures and continuity.

Clause-by-Clause Breakdown:

Clause (1) – Origination of Bills:

According to Clause (1) of Article 196, a bill can originate in either House of the Legislature of a state that has both a Legislative Assembly and a Legislative Council. However, exceptions exist for Money Bills and other financial bills, which must comply with Articles 198 and 207.

Real-life Example: In states like Maharashtra and Bihar, which have both a Legislative Assembly and a Legislative Council, a general bill can be introduced in either House. However, a Money Bill must begin in the Legislative Assembly due to constitutional restrictions.

Clause (2) – Agreement Between Both Houses:

Clause (2) mandates that a bill is only considered passed when both Houses agree on its content, whether in its original form or with amendments mutually agreed upon. Articles 197 and 198 govern this process for certain types of financial bills.

Real-life Example: When the Bihar Legislative Assembly and Legislative Council disagree on amendments to a non-financial bill, the bill may face delays or require mediation, reflecting the principle of consensus.

Clause (3) – Continuity Amidst Prorogation:

This clause establishes that a bill does not lapse merely because the House or Houses have been prorogued. Prorogation, which temporarily suspends legislative sessions, does not impact the continuity of pending bills.

Real-life Example: Suppose a general bill is pending in the Uttar Pradesh Legislative Assembly. If the Assembly is prorogued for a recess, the bill remains valid and resumes consideration upon reconvening.

Clause (4) – Bills in the Legislative Council:

Clause (4) specifies that if a bill is pending in the Legislative Council and has not yet been passed by the Legislative Assembly, it will not lapse even if the Assembly is dissolved.

Real-life Example: In Andhra Pradesh, a bill awaiting approval in the Legislative Council remains active despite the Legislative Assembly's dissolution.

Clause (5) – Lapse of Bills with Assembly Dissolution:

If a bill is pending in the Legislative Assembly, or if it has been passed by the Assembly but is awaiting approval from the Legislative Council, it will lapse if the Assembly is dissolved.

Real-life Example: A bill pending in the Maharashtra Legislative Assembly will automatically lapse if the Assembly is dissolved for new elections.

Historical Significance:

The drafting of Article 196 reflects India’s commitment to legislative stability within a bicameral system, following a model inspired by the British parliamentary system. By specifying that bills do not lapse due to prorogation, the article supports the legislative continuity essential for maintaining governance.

Legislative History:

Article 196 of the Indian Constitution, originally presented as Article 171 in the Draft Constitution, was debated on the 14th of June, 1949, and was officially adopted into the Constitution.

Debates and Deliberations:

During the debates on the Draft Constitution, Shri Satish Chandra from the United Provinces sought clarification on a procedural matter regarding the applicability of the ruling on Article 164 to Article 171. He specifically addressed the principle of joint sittings of the two Houses of the State Legislature, seeking assurance that if this principle was not later accepted, the Drafting Committee would make the necessary consequential amendments to Article 171. The President confirmed that the ruling for Article 164 would indeed apply to Article 171 as well. Following this clarification, Article 171 was formally incorporated into the Constitution.

References:

• Constituent Assembly Debates, June 14, 1949.
• Constitution of India, Article 196.
• State Legislative Procedures in Maharashtra and Karnataka, 2021.