⚖️ Constitutional Provisions

Article 193 – Penalty for False Voting

• Anyone who sits and votes in State Legislature
• before making oath or
• when not qualified to be a member or
• when disqualified from membership
• is liable to fine of 500 Rupees

Article 194 – Privileges & Immunities

• (1) Freedom of speech in State Legislature subject to rules, standing orders and Constitution.
• (2) No member liable to court proceedings for anything said or any vote given in Legislature or committees.
• (3) No liability for publication of reports or proceedings authorized by House.
• (4) Other powers, privileges and immunities to be defined by State Legislature by law; till then same as British House of Commons.
• Persons specified in Article 177 also enjoy similar privileges.

Article 195 – Salaries

• Salaries and allowances of members of State Legislature to be determined by State Legislature by law.

Article 196 – Passing of Ordinary Bills

• Bills (other than money/financial bills) may originate in either House.
• A bill (except money bill) is deemed passed only if both Houses agree.
• Lapsing of Bills: Pending bills lapse on dissolution of Assembly but not on prorogation.

Article 197 – Restricted Powers of Legislative Council

• If Legislative Council rejects a bill, holds it over 3 months, or amends it unacceptably, Assembly may repass it.
• If Council again rejects or delays it for 1 month, it is deemed passed in the Assembly’s form.

Article 198 – Passing of Money Bills

• Money Bill can be introduced only in Legislative Assembly.
• Council may only recommend amendments within 14 days; Assembly may accept or reject them.
• If not returned in 14 days, the Bill is deemed passed by both Houses.

Article 199 – Definition of Money Bills

• A Bill is a Money Bill if it deals exclusively with:
  • Imposition/abolition/alteration of taxes
  • Borrowing by State Government
  • Custody, withdrawal or appropriation from Consolidated Fund of State
• Speaker of Legislative Assembly decides whether a Bill is a Money Bill; decision is final.
• Speaker’s certificate is endorsed on every Money Bill before sending it to Council or Governor.

Article 200 – Assent to Bills

• Bill passed by Legislature is sent to Governor.
• Governor may:
  • Give assent,
  • Withhold assent,
  • Reserve Bill for President’s consideration, or
  • Return a Bill (other than Money Bill) for reconsideration.
• If passed again, Governor must give assent.
• Governor shall reserve a Bill that endangers the powers of High Court.

Article 201 – Bills Reserved for President

• When reserved, President may:
  • Assent,
  • Withhold assent, or
  • Return Bill (other than Money Bill) for reconsideration within 6 months.
• If passed again, it is presented again for President’s consideration.

Article 208 – Rules of Procedure

• Each House makes its own rules for regulating procedure and conduct of business.

Article 209 – Financial Business

• For timely completion of financial business, State Legislature may regulate the conduct of such business by law.

Article 210 – Language

• Proceedings in State Legislature may be in the official language of the State, Hindi or English.
• Members may be permitted to speak in their mother tongue if unable to express in Hindi/English.
• Use of English may continue beyond 15 years if Legislature provides by law.

Article 211 – Restriction on Discussion

• No discussion shall take place in State Legislature on conduct of a judge of Supreme Court or High Court in discharge of duties.

Article 212 – Bar on Courts

• Courts cannot question validity of proceedings in Legislature for procedural irregularities.
• Officers or members empowered to regulate procedure, conduct of business, or maintenance of order are not subject to court jurisdiction for such acts.

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