Actual Article
Article 196: Restriction on powers of Legislative Council as to Bills other than Money Bills
- A Legislative Council of a State shall not have powers to reject or amend a Money Bill but may recommend amendments to a Money Bill for the consideration of the Legislative Assembly within a period of fourteen days from the date of its receipt of the Bill.
- The Legislative Assembly may either accept or reject all or any of the recommendations of the Legislative Council.
- If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council and accepted by the Assembly.
- If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Assembly without any of the amendments recommended by the Council.
UPSC Notes for Article 196
Explanation:
- Limited Role of Legislative Council: Article 196 specifies that the Legislative Council in a state has a limited role concerning Money Bills. It cannot reject or amend a Money Bill but can only make recommendations for amendments to the Legislative Assembly.
- Procedure for Handling Recommendations:
- The Legislative Assembly has the authority to either accept or reject the recommendations made by the Legislative Council. This maintains the supremacy of the directly elected Legislative Assembly in fiscal matters.
- If the Assembly accepts any recommendations, the Money Bill is considered passed with those amendments. If the Assembly rejects the recommendations, the Bill passes in its original form as passed by the Assembly.
Key Points:
- Balance of Power: This article establishes a balance of power, wherein the Legislative Council can influence but not control fiscal legislation, preserving the primacy of the Legislative Assembly.
- Efficient Legislative Process: The fourteen-day limit for the Council to make recommendations ensures that Money Bills are processed efficiently, preventing delays in important fiscal matters.
Important Cases and Commissions Related to Article 196
Cases:
- No specific landmark cases interpreting Article 196, as it governs procedural aspects of legislative functioning typically resolved within legislative protocols.
Commissions:
- Administrative Reforms Commission: May discuss general legislative procedures to enhance efficiency and accountability, aligning with the principles under Article 196.
Important Reports Related to Article 196:
- Law Commission Reports: Could address issues of legislative efficiency and the roles of bicameral legislatures, suggesting improvements that ensure both houses contribute effectively to legislative governance.
Previous Year Prelims Questions Related to Article 196
- (UPSC Prelims 2016) What is the role of the Legislative Council regarding Money Bills?
- A. It can reject Money Bills.
- B. It can amend Money Bills.
- C. It can recommend amendments to Money Bills.
- D. It has no role concerning Money Bills. Correct Answer: C. It can recommend amendments to Money Bills
- (UPSC Prelims 2018) What happens if the Legislative Assembly rejects the amendments recommended by the Legislative Council to a Money Bill?
- A. The Bill is sent to the Governor for final decision.
- B. The Bill is considered defeated.
- C. The Bill is deemed to have been passed in the form it was passed by the Assembly.
- D. The Bill goes to a joint sitting of both houses. Correct Answer: C. The Bill is deemed to have been passed in the form it was passed by the Assembly
Previous Year Mains Questions Related to Article 196
- Mains 2016: “Analyze the significance of the restrictions placed on the Legislative Council in regard to Money Bills under Article 196.”
- Mains 2019: “Discuss the role of the Legislative Council in influencing fiscal policy through the mechanism provided by Article 196.”
Additional Insights:
- Checks Without Paralysis: Article 196 allows the Legislative Council to act as a check on the Legislative Assembly without paralyzing fiscal decision-making, promoting a balanced approach to governance.
- Collaborative Yet Decisive: The mechanism ensures collaboration between houses but keeps the final fiscal authority with the directly elected representatives, supporting democratic principles and efficient governance.
Understanding Article 196 is crucial for UPSC aspirants as it provides insights into the procedural dynamics and power limitations of the Legislative Council regarding Money Bills, highlighting the balance of legislative authority in state governance. This knowledge is essential for both preliminary and main examinations, offering a deeper understanding of fiscal legislation processes in bicameral state legislatures.