Part VI: The State Legislature

Rules of Procedure in State Legislature

Article 208: Rules of Procedure

--- Original Article ---

(1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure and 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 shall have effect.

(3) In a State having a Legislative Council, the Governor may make rules as to the procedure with respect to communications between the two Houses.

Explanations

Article 208 empowers State Legislatures to establish procedural rules for conducting their legislative business. It ensures flexibility in legislative operations while upholding the principles of federal autonomy embedded in the Constitution.

Clause-by-Clause Breakdown

Clause (1): Rule-Making Powers

Each House can independently create rules for managing its legislative procedures, ensuring responsiveness to state-specific needs.

Clause (2): Continuity of Rules

This clause provides for the continuity of existing procedural rules from the pre-Constitution era until new rules are established by the State Legislature.

Clause (3): Governor's Role

In states with a bicameral legislature, the Governor is responsible for establishing rules for communication between the two Houses to ensure smooth legislative functioning.

Real-Life Examples

• The Tamil Nadu Legislative Assembly adapted its rules to prioritize discussions on rural development projects under Article 208.
• The Andhra Pradesh Legislature formulated rules for effective coordination between the Legislative Assembly and Council, showcasing Clause (3) in action.

Historical Context

Article 208 reflects India's federal structure by mirroring the provisions of Article 118, which governs legislative procedures at the Union level. This parallel ensures consistency while accommodating regional diversity.

Debates and Deliberations

During the Constituent Assembly debates on Draft Article 183 (which later became Article 208), members discussed the scope of State Legislatures' powers to frame procedural rules. The debates revolved around the balance between autonomy and the need for a uniform framework across all states.

Key Discussions:

1. Shri R.K. Sidhwa:

Sidhwa proposed replacing the word "may" with "shall" in Clause (1) of Draft Article 183 to make it mandatory for State Legislatures to formulate their procedural rules. He argued that without a specific mandate, some states might delay framing rules, leading to administrative inefficiencies. He also suggested a six-month deadline for creating the rules, ensuring timely governance.

2. Shri H.V. Kamath:

Kamath supported Sidhwa's proposal but suggested an even stricter timeline of three months, stating that undue delays in rule-making would disrupt effective legislative functioning. He emphasized that the rule-making process should not be left indefinite, as it might lead to dependence on outdated provincial rules.

Dr. B.R. Ambedkar’s Response:

Dr. Ambedkar opposed the amendments proposed by Sidhwa and Kamath, arguing that legislative autonomy was paramount. He stated, "The Constitution must allow Legislatures the freedom to determine their own procedures without rigid compulsion." Ambedkar assured the Assembly that State Legislatures would naturally prioritize rule-making to ensure smooth functioning. He believed flexibility was critical to accommodate the diverse needs and timelines of various states.

Ambedkar also highlighted the transitional provisions in Clause (2), which ensured the continuity of existing rules until new ones were framed. This, he argued, would prevent any procedural vacuum even if some states delayed creating their rules.

Outcome of the Debate:

The Assembly ultimately accepted Ambedkar’s position, retaining the discretionary language of "may" in Clause (1) and rejecting the proposed amendments. This decision reflected the Assembly's commitment to federal principles, allowing states the flexibility to govern their legislative procedures while ensuring continuity through existing rules.

References

• The Constitution of India - Article 208.
• Constituent Assembly Debates, June 1949.