Actual Article
Article 208: Rules of procedure
- 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.
- 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, subject to any modifications made by the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be.
UPSC Notes for Article 208
Explanation:
- Autonomy in Rule-making: Article 208 grants each House of the State Legislature the authority to establish its own rules for managing its procedure and business, ensuring operational autonomy and flexibility.
- Interim Rules: Until new rules are formally adopted, the procedures and standing orders that were in place prior to the adoption of the Constitution continue to be effective. These can be modified by the Speaker of the Legislative Assembly or the Chairman of the Legislative Council to better align with current needs and constitutional provisions.
Key Points:
- Legislative Efficiency: By allowing each House to create and modify its rules, this article ensures that legislative bodies can operate efficiently and adapt to evolving legislative needs and challenges.
- Continuity and Transition: The provision for interim rules ensures continuity of legislative operations post-Constitution implementation, providing stability during the transition to new governance frameworks.
Important Cases and Commissions Related to Article 208
Cases:
- No specific landmark cases interpreting Article 208 have been noted, as this article pertains to internal legislative procedures generally not subject to judicial review unless there are significant constitutional implications.
Commissions:
- Administrative Reforms Commission: Might have considered aspects of legislative procedure to recommend improvements in legislative efficiency and adaptability.
Important Reports Related to Article 208:
- Law Commission Reports: These reports could include suggestions for best practices in legislative procedure, aiming to enhance the functionality and responsiveness of legislative bodies.
Previous Year Prelims Questions Related to Article 208
- (UPSC Prelims 2016) Who has the authority to make rules of procedure for a State Legislative House?
- A. The President of India
- B. The Governor of the State
- C. The House itself
- D. The Chief Minister of the State Correct Answer: C. The House itself
- (UPSC Prelims 2018) Until new rules are made, whose modifications of existing rules of procedure are effective in a State Legislative House?
- A. The President’s modifications
- B. The Governor’s modifications
- C. The Speaker’s or Chairman’s modifications
- D. The Chief Minister’s modifications Correct Answer: C. The Speaker’s or Chairman’s modifications
Previous Year Mains Questions Related to Article 208
- Mains 2016: “Analyze the impact of Article 208 on the autonomy and efficiency of state legislatures.”
- Mains 2019: “Discuss the role of the Speaker and the Chairman in modifying the rules of procedure in the legislative houses as per Article 208. How do these modifications influence legislative governance?”
Additional Insights:
- Adaptability in Governance: Article 208 highlights the importance of adaptability in legislative governance, allowing state legislatures to evolve their procedural rules to meet contemporary needs and enhance governance efficacy.
- Balancing Stability with Innovation: The ability to modify existing rules provides a balance between maintaining stable legislative operations and implementing procedural innovations to improve legislative responsiveness and effectiveness.
Understanding Article 208 is crucial for UPSC aspirants as it sheds light on the procedural autonomy of state legislatures and the mechanisms that ensure their operational effectiveness. This knowledge is essential for both preliminary and main examinations, offering a deeper understanding of legislative governance at the state level.