Articles 168 to 212 - The State Legislature

Legal Journey
Oct 30
23 min read

The States

Part VI

(Articles 152 to 237)

The State Legislature

Chapter III

(Articles 168 to 212)

Article 168. Constitution of Legislatures in States

Clause (1) - It declares that for every State there shall be a Legislature consisting of :-

- Governor, and

- In the States of Andhra Pradesh, Bihar, Maharashtra, Karnataka, Telangana, and Uttar Pradesh, Two Houses [As of October 2025, and is subject to change following the procedure provided under Article 169.]

- In other States, One House.

Clause (2) - The Houses shall be known as the Legislative Council (Vidhan Parishad) and the Legislative Assembly (Vidhan Sabha).

Article 169. Abolition or creation of Legislative Councils in States

Clause (1) - Parliament has the power to abolish or create Legislative Councils in States.

- The Legislative Assembly must pass a resolution to this effect with :-

Majority of the Total membership of the House, and
A Majority of NOT less than 2/3rd members present and voting.
This type of a Majority is known as a Special Majority.

- After such a resolution is passed by the requisite majority, the resolution is presented to the Parliament which can pass it with simple majority, i.e. majority of the members of each House present and voting.

Clause (2) - Any law passed in this regard shall contain such provisions to amend the Constitution as may be necessary to give effect to the provisions of the law.

Clause (3) - It declares that such law shall NOT be deemed to be an amendment of the Constitution for the purposes of Article 368.

Article 170. Composition of the Legislative Assemblies

Clause (1) - The Legislative Assembly of State shall consist of -

NOT more than 500 members, and

NOT less than 60 members.

- Chosen by direct election from territorial constituencies in the State.

104th Constitutional Amendment Act, 2019

- This Amendment ceased the reservation of seats for the Anglo Indian community both in the Lok Sabha as well as the State Legislative Assemblies.

42nd Constitutional Amendment Act, 1976

- It freezed the readjustment of seats till the year 2000.

- The 1971 census was made applicable till then.

84th Constitutional Amendment Act, 2001

- It further freezed the readjustment of seats in the Legislative Assembly till the year 2026.

- The 1971 census is still applicable for allocation of seats in the Lok Sabha.

- But, by the 87th Constitutional Amendment Act, the division of State into territorial constituencies has been freezed on the basis of the 2001 census.

Article 171. Composition of the Legislative Councils

Clause (1) - The Legislative Council of a State shall consist of:-

NOT more than 1/3rd of the total members of the Legislative Assembly of that State

But, in NO case can it be less than 40 members

Clause (2) - Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).
Clause (3) - Of the total number of members of the Legislative Council of State:-

1/3rd members shall be elected by electorates consisting of	Municipalities, District boards and other Local Authorities.
1/12th members shall be elected by electorates consisting of	Graduate for over 3 years
1/12th members shall be elected by electorates consisting of	Teaching for over 3 years in an educational institution within the State. Not lower than a Secondary School.
1/3rd members shall be elected by Legislative Assembly	From those who are NOT members of the Assembly
The remainder	Nominated by the Governor.

Clause (5) - Nominated members must consist of members having special knowledge or practical experience in :-

Literature

Science

Art

Co-operative movement

Social Service

Clause (4) - The elections shall be held by means of single transferable vote with the system of proportional representation.

Article 172. Duration of State Legislatures

Clause (1) - It provides for the term of the Legislative Assembly.

- Normal Term is 5 years from date of appointment.

- It can be dissolved sooner, hence, it is NOT a permanent body.

- The completion of 5 year term also operates as dissolution of the Assembly.

- Provided, the term of the Assembly can be extended by 1 year at a time.

- ONLY by the Parliament, and

- ONLY in cases where a Proclamation of Emergency is in operation.

- When the Proclamation ceases to operate, then no more than 6 months.

Clause (2) - It provides for the term of the Legislative Council.

- It declares that it shall NOT be subject to dissolution.

- 1/3rd members retire every 2nd year.

Article 173. Qualification for membership of the State Legislature

- Legislative Assembly

Citizen of India

25 years

Oath/Affirmation before the Election Commission

NOT disqualified by any other law made by Parliament

Legislative Council

Citizen of India

30 years

Oath/Affirmation before the Election Commission

NOT disqualified by any other law made by Parliament

Article 191. Disqualification for membership

Clause (1) - A person can be disqualified for being a member if he:-

(a) Holds any office of profit.

(b) Is declared to be of unsound mind by a Competent Court.

(d) Ceases to be a citizen of India.

(e) Disqualified by OR under any law made by the Parliament.

Clause (2) - Inserted by the 52nd Constitutional Amendment Act, 1985

- A person shall be disqualified from being a member of either House of Parliament if he is so disqualified under the 10th Schedule (defection).

Article 192. Decision on questions as to disqualifications of members

Clause (1) - If a question arises whether a member of either House of State Legislature has become subject to any disqualification under Clause (1) of Article 191, then the decision on such a question shall be taken by the Governor and such decision shall be final.

Clause (2) - Governor MUST consult the Election Commission for its opinion while taking any decision under Clause (1) and then the Governor shall act according to such opinion.

Article 190. Vacation of Seats

Clause (1) - No person shall be a member of both Houses of State Legislature.

- The State Legislature shall make such provisions to determine which seat is vacated if a person becomes a member of both Houses.

Clause (2) - No person shall be a member of the State Legislature of 2 or more States.

- If a person is elected to 2 or more State Legislatures, then their seat in ALL State Legislature will expire toward the end of the time period specified in the rules made by the President.

- Unless, the member gives up his seat in ALL but one State Legislature.

Clause (3) - If a member of House of State Legislature -

(a) Becomes subject to any disqualification under Article 191, or

(b) Resigns his seat by writing addressed to the Chairman or the Speaker.

- At the point when a resignation is accepted, the seat automatically becomes vacant.

- Provided In sub-clause (b), If the Chairman or Speaker is satisfied that the resignation is involuntary or not genuine, he may dismiss the resignation.

Clause (4) - If any member of the State Legislature is absent without consent of the House for 60 days, the House will proclaim the seat vacant.
Provided, House adjournment of 4 days or more shall NOT be taken into account in computing the period of 60 days.

Article 188. Oath or affirmation by members

- Every member of the State Legislature shall take oath before the Governor in accordance with the form set out in the 3rd Schedule.

Article 193. Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified

- A penalty of rupees 500 per day is imposed on any person if he sits or votes and:-

The person has NOT taken oath before the Governor as required under Article 188, or
The person is NOT eligible to sit in the State Legislature or is subject to disqualifications, or
The person is prohibited under the provisions which the Parliament has made.

Article 178. The Speaker and Deputy Speaker of the Legislative Assembly

- The Speaker and the Deputy Speaker are selected by the Legislative Assembly from among its members immediately following the first session of the Legislative Assembly.

- Same procedure will be followed when the seat becomes vacant of the Speaker or Deputy Speaker or both.

Article 179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

- It states that a member serving as the Speaker or Deputy Speaker of the Legislative Assembly -

(a) Shall vacate his office if he is NO longer a member of the Legislative Assembly,

(b) May resign, if he is Speaker then to Deputy Speaker, and

- If he is Deputy Speaker then to Speaker.

(c) May be removed by a resolution of the Legislative Assembly passed by a majority of all the then members of the Assembly.

- Provided, No resolution shall be passed without a 14 days Notice.

Provided further, If the Legislative Assembly is dissolved, the Speaker must remain in office until the start of the first meeting of the Legislative Assembly, after the dissolution.

Article 180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

Clause (1) - If the office of Speaker is vacant, the Deputy Speaker shall perform the duties.

- If the office of Deputy Speaker is also vacant, such member shall perform the duties as the Governor may appoint for this purpose.

Clause (2) - If the Speaker is absent, the Deputy Speaker shall act as Speaker.

- If the Deputy Speaker is also absent, such member shall act as Speaker as may be determined by the rules of procedure of the Assembly.

- If such person is also absent, then such other person shall act as Speaker as may be determined by the Assembly.

Article 181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

- The Speaker or the Deputy Speaker shall NOT preside while a resolution for their removal from office is under consideration.

- During such consideration, the provisions of clause (2) of Article 180 may apply as the case may be.

Article 182. The Chairman and Deputy Chairman of the Legislative Council

- The Chairman and the Deputy Chairman are selected by the Legislative Council from among its members immediately following the first session of the Legislative Council.

- Same procedure will be followed when the seat becomes vacant of the Chairman or Deputy Chairman or both.

Article 183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman

- A member holding the position of Chairman or Deputy Chairman of the Legislative Council :-

(a) Shall vacate his office if he ceases to be a member of the Legislative Council,

(b) May resign, if he is Chairman then to Deputy Chairman, andIf he is Deputy Chairman then to Chairman,

- Provided, No resolution shall be passed without a 14 days Notice.

Article 184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

Clause (1) - If the office of Chairman is vacant, the Deputy Chairman shall perform the duties.

- If the office of Deputy Chairman is also vacant, such member shall perform the duties as the Governor may appoint for this purpose.

Clause (2) - If the Chairman is absent, the Deputy Chairman shall act as Chairman.

- If the Deputy Chairman is also absent, such member shall act as Chairman as may be determined by the rules of procedure of the Council.

- If such person is also absent, then such other person shall act as Chairman as may be determined by the Council.

Article 185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

- The Chairman or the Deputy Chairman shall NOT preside while a resolution for their removal from office is under consideration.

- During such consideration, the provisions of clause (2) of Article 184 may apply as the case may be.

Article 186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

- Shall be such as may be fixed by the State Legislature by law.

- Until such a provision is made, it shall be as specified in the Second Schedule.

Article 187. Secretariat of State Legislature

- Each House of State Legislature shall have a separate secretarial staff.

- But, posts common to both Houses of State Legislature can still be made.

- The State Legislature has the power to regulate the recruitment and the conditions of service of persons selected to join the secretarial staff for any House of the State Legislature.

Article 189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Clause (1) - Unless otherwise provided in the Constitution,

- All the questions in the sitting of the House of State Legislature determined by a majority of votes of the members present and voting.

- The Presiding officer shall NOT vote in the 1st instance.

- He/she can ONLY vote in case there is an equality of votes.

- His/her vote is only a tie breaker.

Clause (2) - A House of State Legislature shall have the power to function in spite of any member missing.

- The proceedings of the House will be valid even if afterwards it is discovered that a person who is NOT entitled to do so has also participated in the proceeding or voting.

Clause (3) - Quorum will be required to commence a meeting in a House of the State Legislature.

- Quorum means the minimum number of members required to hold a meeting/session and make decisions thereunder.

- The Quorum shall be 10 members or 1/10th of the total number of members of the House, whichever is GREATER.

- This Quorum is fixed until any law is made by the State Legislature.

Clause (4) - If there is NO quorum reached during the sitting of the House of State Legislature then it is the duty of the Presiding officer to either adjourn the House or suspend the meeting until the quorum has been reached.

Article 194. Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof

Clause (1) - There shall be freedom of speech in the State Legislature
But, it is NOT ABSOLUTE.
It is subject to :-

Provisions of this Constitutions, and

Rules and Standing orders which regulate the Proceeding of Parliament.

Clause (2) - Members of State Legislature are made immune from any Court proceedings.

- Such immunity is only in relation to anything said or voted by him in the State Legislature or committee.

- In addition to this, any other person who publishes any report, paper, vote or proceeding shall also receive the same immunity.

- Only if he does such publishing by or under the authority of the State Legislature.

- Hence, the immunity will NOT apply to the publication of any report of a secret sitting of a House.

Clause (3) - Other powers and privileges shall be such as may be provided by the State Legislature by law in case of members of the State Legislature and its committees.

Clause (4) - It provides a clarification.

- The aforementioned powers and privileges shall extend to those persons who under this Constitution has a right to speak or otherwise participate in any proceeding of any House of State Legislature or committee thereof.

Note - The freedom of speech granted under Articles 105 and 194 is more comprehensive than under Article 19(1)(a) of the Constitution.

- The rights under Articles 105 and 194 are independent rights and are NOT subject to restrictions under Article 19(2).

Article 195. Salaries and allowances of Members

- As may be determined by the State Legislature by law.

- Until such provisions are made, it shall be according to as were applicable before the commencement of the Constitution of India.

Article 174. Sessions of the State Legislature, prorogation and dissolution

Clause (1) - Governor has power to summon the Houses.

- The maximum duration between the end of one session of a House and the beginning of the next session is 6 months.

Clause (2) - Governor has the power to:-
- Prorogue either House;
- Dissolve the Legislative Assembly.

Article 177. Rights of Ministers and Advocate-General as respects the Houses

- Each and every Minister as well as the Advocate-General of State is permitted to voice at and take part in :-

The Proceedings of Either House of State Legislature;
Any Legislative Committee to which he may be designated a member;

- However, he/she will NOT be allowed to caste a vote during the discussions under this Article.

Article 175. Right of Governor to address and send messages to House or Houses.

Clause (1) - The Governor may address either separately or if assembled together, then to both the Houses of State Legislature.

- For the purpose of such an address, the Governor may also require attendance of the members.

Clause (2) - The Governor may send messages to either House of State Legislature, in relation to any bill pending for consideration OR otherwise.

- The House which receives such a message shall consider the matter regarding which the message is sent.

Article 176. Special address by the Governor

Clause (1) - At the commencement of the first session:-
- After each general election to the Legislative Assembly; and
- At the commencement of the first session of each year.

- The Governor shall address both Houses of Parliament assembled together, and

- Inform the State Legislature of the causes of its summons.

Clause (2) - Rules regulating the procedure of either House shall include provisions for discussion of the matters referred to in the address under Clause (1).

Legislative Procedure

The Governor has the power to summon, prorogue either of the House of Legislature or to dissolve the Legislative Assembly under Article 174.

Article 196. Provisions as to introduction and passing of Bills

Clause (1) - A bill may originate in either House of State Legislature which has a Legislative Council.

- But this is subject to the provisions of Articles 198 and 207.

- Which provides that a Money bill and other financial bills can ONLY be presented in the Legislative Assembly.

Clause (2) - A bill shall NOT pass until and unless it has been passed by both Houses of a State Legislature which has a Legislative Council.

- The bill has to be argued in both Houses of State Legislature, whether without or without amendments and if there are amendments done to the bill, these amendments have to be agreed upon by both Houses of State Legislature.

- But this is subject to the provisions of Article 197 and 198.

Clause (3) - If a House of the State Legislature is prorogued, any bill pending shall NOT lapse by that reason alone.

Clause (4) - If a bill is pending in the Legislative Council, and

- It has NOT been passed in the Legislative Assembly,

- Then such a bill shall NOT lapse only because the Legislative Assembly has been dissolved.

Clause (5) - If a bill is pending in the Legislative Assembly, OR

- If it is has been passed by the Legislative Assembly and is pending in the Legislative Council,

- Then such a bill shall lapse if the Legislative Assembly has been dissolved.

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

Clause (1) - If after a bill has been passed by the Legislative Assembly and it is transmitted to the Legislative Council and:-

(a) The Bill is rejected by the Council; OR

(b) More than 3 months have passed from the date on which the Bill is laid before the Council without the bill being passed by it; OR

- Subject to the rules relating to its procedure,

- The Legislative Assembly may pass the Bill AGAIN,

- In the Same or in any subsequent session,

- With or without such amendments as made, suggested or agreed to by the Legislative Council, and

- Then transmit the Bill as so passed, to the Legislative Council.

Clause (2) - When the Bill is so passed for the second time by the Assembly and has been transmitted to the Legislative Council, and -

(a) The Bill is rejected by the Council; OR

(b) More than 1 month have passed from the date on which the Bill is laid before the Council without the bill being passed by it; OR

- Then, the Bill shall be deemed to have been passed by both the Houses of the Legislature.

- In such form as it was passed by the Legislative Assembly for the second time.

Clause (3) - Nothing in this Article shall apply to a Money Bill.

Article 198. Special procedure in respect of Money Bills

Clause (1) - A Money Bill shall NOT be introduced in a Legislative Council.

- Hence, this is an exception to the general rule under Article 196.

- So, a Money Bill can ONLY be introduced in the Legislative Assembly.

Clause (2) - After a Money Bill passes in the Legislative Assembly, it shall be passed on to the Legislative Council for its recommendations.

- The Legislative Council has at max 14 days from the receipt of the Bill to recommend and return the Bill back to the Legislative Assembly.

- The Legislative Assembly is NOT bound to accept any recommendations of the Legislative Council.

- Hence, the Legislative Assembly can reject any or all of the recommendations.

Clause (3) - If the Legislative Assembly accepts any recommendation.

- Then the Money Bill shall be deemed to have been passed by both Houses.

- With amendments as were recommended by the Council and were also accepted by the Assembly.

Clause (4) - If the Legislative Assembly rejects any of the recommendations.

- Then the Money Bill shall be deemed to have been passed by both Houses.

- But, in such a form as it was originally passed by the Legislative Assembly.

- That is, without any amendments recommended by the Legislative Council.

Clause (5) - When a Money Bill is passed by the Legislative Assembly and is sent to the Legislative Council for recommendation, and

- 14 days have passed,

- But, the Legislative Council has NOT returned the Money Bill.

- Then it shall be deemed to have been passed by both the Houses at the expiration of the 14th day.

- In such a form as it was passed by the Legislative Assembly.

Article 199. Definition of “Money Bills”

Clause (1) - A Bill shall be deemed to be a Money Bill if it contains ONLY provisions dealing with all or any of the following matters :-

(a) Any Tax;

(b) Borrowing, Guarantee, Amendment related to financial obligations undertaken or to be undertaken by the State Government;

- Payment of money into or withdrawal from such a fund.

- Custody refers to how the money is managed and controlled.

(d) Appropriation of money out of Consolidated Fund of State;

- Appropriation is the act of setting aside money for a specific purpose.

(e) Expenditure charged on Consolidated Fund of State;

(f) Receipt of Money in the Consolidated Fund of State.

(g) Any matter incidental to any of the aforesaid matters.

Clause (2) - A Bill shall NOT be deemed to be a Money Bill if ONLY:-

- It provides for imposition of fine or other pecuniary penalty, or

- For demand or payment of fees for license or services, or

- If it relates to the regulation of any tax by any local authority for local purposes.

Clause (3) - For every question of whether a Bill is Money Bill or not,

- The decision of the Speaker is final.

Clause (4) - The Speaker shall provide a certificate signed by him endorsing a Bill to be a Money Bill.

- Such certificate shall accompany the Bill when it is sent to -

The Legislative Council under Article 198, and
To the Governor for assent under Article 200.

Article 200. Assent of Bills

- When a Bill has been passed by both Houses of State Legislature.

- If there is NO Legislative Council, then it has been passed by the Legislative Assembly.

- It still won’t become a law until the Governor provides his assent to such a Bill.

- Under this Article, the Governor may either :-

Give his assent to the Bill, or
Withhold his assent, or
Reserve the Bill for consideration of the President

- Provided, the Governor may also return the bill for reconsideration of the House.

- The Houses must reconsider in accordance with the recommendation of the Governor.

- If after such reconsideration the Bill is passed again by the Houses, with or without amendments and is presented to the Governor.

- The Governor is bound to give his assent.

- Note - A Money Bill CANNOT be returned by the Governor for reconsideration.

- Provided further,

- Governor shall NOT assent, but

- Reserve for the consideration of the President,

- Any Bill which in the opinion of the Governor would, if it became law,

- So derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.

Note - “Withhold his assent” basically grants the Governor the power to veto a Bill.

- But, as per the recent judgment of the Supreme Court, various timelines have been fixed for the Governor to exercise their power under Article 200.

- The President has put forward various questions in front of the Supreme Court regarding such a timeline and it will decide what timelines are fixed.

Article 201. Bills reserved for consideration

- When a Bill is reserved for the consideration of the President,

- The President shall declare either :-

He assents, OR
Withholds assent.

- Provided, The President can direct the Governor to return the Bill to the State Legislature for reconsideration with any message as deemed necessary.

- When the Bill is so returned, the Houses shall reconsider it accordingly within 6 months from date of receipt of such message.

- If it is again passed by the State Legislature, with or without amendment, it shall be presented again to the President for his consideration.

Article 202. Annual Financial Statement

Clause (1) - Every Financial year, The Governor shall lay before the State Legislature, a statement of the estimated receipts and expenditure of the Government of State for that year.

- This is more commonly known as “Budget”

Clause (2) - The estimate is to be shown under two heads :-

- The sums charged upon the Consolidated Fund of State by the Constitution of India, and

- The sums required to meet other expenditures out of the Consolidated Fund of State.

Clause (3) - The following expenditures are charged on the Consolidated Fund of State:-

(a) The Salary and allowances of the Governor and other expenditure relating to his office,

(b) The Salaries and allowances of the Presiding officers of both the Houses of State Legislature.

(d) Salaries and allowances of Judges of the High court,

(e) Any sums required to satisfy any judgment, decree or award of any Court or Tribunal,

(f) Any other expenditure declared by this Constitution or by the State Legislature to be so charged.

Article 203. Procedure in Legislature with respect to estimates

Clause (1) - The Expenditure which is charged on the Consolidated Fund of India (as per Article 202(2)(a) and Article 202(3)] shall NOT be submitted to the vote of the State Legislature.

- But, this does NOT restrict the State Legislature from having discussions over it.

Clause (2) - With respect to other expenditures [as per Article 202(2)(b)]

- It shall be submitted in the form of demands for grants

- To the Legislative Assembly.

- The Legislative Assembly shall have power to :-

Assent, or
Refuse to assent,

- To any demand, or

- To assent to any demand subject to a reduction of the amount.

Clause (3) - No demand for a grant under Clause (2) shall be made except on the recommendation of the Governor.

Article 204. Appropriation Bills

Clause (3) - No money can be withdrawn from the Consolidated Fund of State unless an Appropriation Act is passed.

- But this is subject to Article 205 and 206.

Clause (1) - When a grant has been made by the Legislative Assembly under Article 203.

- A Bill shall be introduced in the Legislative Assembly known as the Appropriation Bill.

- It shall provide for the appropriation out of the Consolidated Fund of India all money required to meet :-

(a) Grants made by the Legislative Assembly; and

(b) Expenditure charged on the Consolidated Fund of State.

- But, in NO case can the amount exceed the amount shown in the statement previously laid before the State Legislature.

Clause (2) - No amendment shall be proposed to the Appropriation Bill which will have the effect of:-

- Varying the amount, or

- Altering the destination of any grant so made, or

- Varying the amount of any expenditure charged on the Consolidated Fund of State.

Article 205. Supplementary, additional or excess grants

Clause (1) - If the amount authorised by the Appropriation Act is found to be insufficient, or

- A need for supplementary or additional expenditure has arisen within the same financial year, or

- If the amount spent is in excess to the amount authorised.

- Then the Governor shall lay before the State Legislature another statement showing the relevant estimates as the case may be.

Clause (2) - The Provisions of Article 202, 203 and 204 shall apply accordingly.

Article 206. Votes on account, votes of credit and exceptional grants

Clause (1) - The Legislative Assembly shall have power to :-

(a) Make any grant in advance pending the procedure prescribed under Article 203 or the pending of the passing of the Appropriation Bill under Article 204.

(b) Make grants for meeting any unexpected demand upon the resources of India ONLY when on account of the magnitude or the indefinite character of the service, the demand cannot be stated with details ordinarily given in the Budget.

- The State Legislature shall have power to authorise the withdrawal of such amounts.

Clause (2) - Articles 203 and 204 shall apply to all such grants, to any laws passed to give effect to such grants and also to any law made for the authorisation of such appropriation of money to meet such expenditure.

Article 207. Special provisions as to financial Bills

Clause (1) - Any Bill relating to Clause (1) of Article 119.

- Can ONLY be introduced on the recommendation of the Governor, and

- Additionally, such a bill can ONLY be introduced in the Legislative Assembly.

- Provided, NO such recommendation is required when the Bill relates to reduction or abolition of any tax.

Clause (2) - A Bill shall NOT be deemed to be a Financial Bill under Clause (1) if ONLY :-

- It provides for imposition of fine or other pecuniary penalty, or

- For demand or payment of fees for license or services, or

- If it relates to the regulation of any tax by any local authority for local purposes.

Clause (3) - A Bill which would involve expenditure from the Consolidated Fund of State.

- Shall NOT be passed by the State Legislature.

- Unless, the Bill has been recommended for consideration by the Governor.

Article 208. Rules of Procedure

Clause (1) - A House of State Legislature has the power to make rules to regulate its own procedure.

- But, this power is subject to other provisions of this Constitution.

Clause (3) - The Governor, after consultation with the Presiding officer of both Houses of State Legislature, may make rules as to the procedure with respect to the communications between the two Houses.

Article 209. Regulation by law of procedure in the Legislature of the State in relation to financial business

- The State Legislature may by law, regulate the procedure of either House of State Legislature in relation to financial matters.

- This shall be for the purpose of timely completion of financial business.

- If such a provision is made and is inconsistent with any rules made under Article 208(1), the rules made hereunder shall prevail.

Article 210. Language to be used in the Legislature

Clause (1) - Notwithstanding Part XVII, and subject to Article 348 which basically states that under Parliament makes a law for it, the language for Acts, Bills, etc. is English

- The Business in the State Legislature shall be conducted in Hindi or English.

- Provided, The Presiding officer of the relevant House may permit any member who cannot adequately express himself in Hindi or English, to address the House in his mother-tongue.

Clause (2) - Unless the State Legislature by law otherwise provides, this Article after 15 years from commencement of the Constitution shall have effect as if the words “or in English” were omitted.

Article 211. Restriction on discussion in the Legislature

- It prohibits any discussion, in the State Legislature, on the conduct of any Judge of the Supreme Court or the High Court in the discharge of their duties.

Article 212. Courts not to inquire into proceedings of the Legislature

Clause (1) - The Validity of any proceedings in the State Legislature shall NOT be called in question on the ground of any alleged irregularity of procedure.

Clause (2) - No officer or member of the State Legislature who has authority to regulate the Procedure or the conduct of business or for maintaining order in the House shall be subject to the jurisdiction of the Court in respect of the exercise of such powers.

Frequently Asked Questions

Q) Why do only some Indian States have a Legislative Council while others don’t?

A) The creation or abolition of a Legislative Council depends on the political and administrative needs of each State. It allows States to maintain bicameralism only if it adds legislative value. Parliament takes the final decision after the State Legislative Assembly passes a special majority resolution under Article 169.

Q) What is the significance of quorum in legislative functioning?

A) A quorum ensures the legitimacy of proceedings. Under Article 189(3), 10 members OR 1/10th of the total members must be present for business to proceed - maintaining the principle of collective decision-making.

Q) Can the proceedings of the State Legislature be televised or published freely?

A) Yes, under Article 194(2), proceedings can be published by or under the authority of the House, ensuring transparency. Unauthorized or distorted publications, however, do not enjoy immunity.

Q) What happens when there is a deadlock between the two Houses of a State Legislature?

A) Unlike Parliament, there is no provision for a joint sitting of the State Legislature. In case of disagreement, the Legislative Assembly’s decision prevails, as per Article 197.

Q) Can a Money Bill be challenged in court for being wrongly classified?

A) Yes. While Article 199(3) gives the Speaker’s certification as final, courts may examine whether the classification was made in bad faith or without jurisdiction, as held in K.S. Puttaswamy v. Union of India (2019).

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