Actual Article
Article 197: Restriction on powers of Legislative Council as to certain Bills
- A Bill other than a Money Bill but containing any of the restrictions specified in clause (1) of Article 31A or affecting the boundaries of any State or imposing any such restriction as is specified in clause (6) of Article 19 shall, after it has been passed by the Legislative Assembly, be transmitted to the Legislative Council for its recommendation and the Council shall, within such period as may be prescribed by the rules made under Article 208, return the Bill with its recommendations to the Assembly.
- The Assembly may either accept or reject all or any of the recommendations of the Council.
- If the Assembly accepts any of the recommendations of the Council, the Bill shall be deemed to have been passed by both Houses in the form in which it has been passed by the Assembly with the amendments recommended by the Council and accepted by the Assembly.
- If the Assembly rejects all the recommendations of the Council, the 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 197
Explanation:
- Scope of the Article: Article 197 sets out the procedure for legislative processing of certain non-money bills that involve major changes such as altering state boundaries or imposing restrictions as mentioned in Articles 31A and 19(6). This article ensures that the Legislative Council has a role in deliberating on significant legislative matters, albeit with limited power.
- Legislative Council’s Role: The Legislative Council can make recommendations on such bills, but it cannot veto them. The Assembly must consider these recommendations, but it retains the authority to accept or reject them.
- Passing of the Bill: If the Assembly accepts any of the Council’s recommendations, the bill is passed in the amended form. If the Assembly rejects the recommendations, the bill is passed in its original form as passed by the Assembly.
Key Points:
- Balanced Bicameral Interaction: This article promotes a bicameral legislative process where the upper house (Legislative Council) plays a consultative role, contributing to the legislative debate without halting the process.
- Efficient Legislative Process: By requiring the Council to return the bill within a prescribed period, the article ensures that legislative processes are not unduly delayed.
Important Cases and Commissions Related to Article 197
Cases:
- No specific landmark cases interpreting Article 197 have been identified, as it involves procedural aspects of legislative functioning typically resolved within legislative protocols.
Commissions:
- Administrative Reforms Commission: Might discuss legislative procedures to enhance efficiency and accountability, aligning with the principles under Article 197.
Important Reports Related to Article 197:
- 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 197
- (UPSC Prelims 2016) What role does the Legislative Council play regarding Bills that involve altering state boundaries or imposing certain restrictions under Article 19?
- A. It can veto the Bill.
- B. It can amend the Bill.
- C. It can recommend amendments to the Bill.
- D. It has no role. Correct Answer: C. It can recommend amendments to the Bill
- (UPSC Prelims 2018) What happens if the Legislative Assembly rejects all recommendations of the Legislative Council on a Bill affecting state boundaries?
- A. The Bill is sent to the President for approval.
- B. The Bill is considered defeated.
- C. The Bill is passed in the form it was originally passed by the Assembly.
- D. The Bill goes to a joint session of both Houses. Correct Answer: C. The Bill is passed in the form it was originally passed by the Assembly
Previous Year Mains Questions Related to Article 197
- Mains 2016: “Analyze the significance of the restrictions placed on the Legislative Council in regard to certain Bills under Article 197.”
- Mains 2019: “Discuss the role of the Legislative Council in influencing policy through the mechanism provided by Article 197.”
Additional Insights:
- Checks Without Paralysis: Article 197 allows the Legislative Council to act as a check on the Legislative Assembly without paralyzing the decision-making process, promoting a balanced approach to governance.
- Collaborative Yet Decisive: The mechanism ensures collaboration between houses but keeps the final authority with the directly elected representatives, supporting democratic principles and efficient governance.
Understanding Article 197 is crucial for UPSC aspirants as it provides insights into the
procedural dynamics and power limitations of the Legislative Council regarding specific types of 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 legislative processes in bicameral state legislatures.