Home The Constitution Part VI Article 197

Art. 197 Part VI: The States

Restriction on Powers of Legislative Council as to Bills Other Than Money Bills

Exact text — Constitution of India

(1) If after a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council—(a) the Bill is rejected by the Council; or (b) more than three months elapse... without the Bill being passed by the Council; or (c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree, the Legislative Assembly may... pass the Bill again... and then, if passed by the Legislative Assembly a second time... and transmitted to the Legislative Council, and... the Bill is again rejected by the Council... or is passed by the Council with amendments to which the Legislative Assembly does not agree, the Bill shall be deemed to have been passed by the Houses of the Legislature of the State in the form in which it was passed by the Legislative Assembly the second time...

In Plain English

What this Article actually means

This Article establishes a crucial structural difference from the Union's own bicameral system — a state's Legislative Council has genuinely LIMITED, mostly delaying power over ordinary bills: if the Assembly passes a bill a second time after the Council rejects or delays it, the bill is deemed passed regardless of the Council's continued objection. This is unlike Parliament's Rajya Sabha, which (for ordinary bills) has genuinely co-equal power, resolved only through a joint sitting under Article 108.

Why This Matters To You

How it shows up in everyday life

This is a genuinely important structural distinction — a state Legislative Council, unlike the Rajya Sabha, cannot indefinitely block ordinary legislation the Assembly is determined to pass; it can only delay it, reinforcing the Assembly's clear primacy within a state's legislative structure.

Read alongside this one

Art. 108 — Joint Sitting of Both Houses in Certain Cases

Frequently Asked

Quick answers about Article 197

Is a state Legislative Council as powerful as the Rajya Sabha?

No — this is one of the most significant differences between state and Union bicameralism; the Council's power over ordinary bills is essentially just a delaying power (capped at a few months), not the genuine potential deadlock power the Rajya Sabha has (which requires a joint sitting to resolve).

← PreviousArticle 196: Provisions as to Introduction and Passing of Bills Next →Article 198: Special Procedure in Respect of Money Bills

The text above reproduces Article 197 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.