Article 197

Restriction on Powers of Legislative Council as to Bills

Official heading: “Restriction on powers of Legislative Council as to Bills other than Money Bills .”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part VI, Article 197, printed pages 88–89
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Last human legal review: Not yet reviewed

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1. In One Sentence

Article 197 establishes the constitutional supremacy of the Legislative Assembly over the Legislative Council, limiting the Council to a maximum delay of four months on non-money bills.

2. What It Means in Everyday Language

Article 197 defines the profound structural difference between the Rajya Sabha at the Centre and the Legislative Council in the States.

No Joint Sitting in States: While deadlock between the Lok Sabha and Rajya Sabha can be resolved by a joint sitting under Article 108, there is NO joint sitting mechanism in the State Legislature.

Asymmetric Delay Mechanism: If the Legislative Assembly passes a bill and transmits it to the Legislative Council, and the Council rejects it, or more than three months elapse without passing, or amendments are proposed that the Assembly rejects, the Assembly may pass the bill a second time.

Final Override: If on the second passage the Council rejects the bill or delays it for more than one month, the bill is deemed to have been passed by both Houses in the form passed by the Assembly. The Council's maximum delaying power is thus four months (3 months + 1 month).

3. Practical Illustrative Example

Everyday Scenario:

The Legislative Council repeatedly rejects an educational reform bill passed by the elected Legislative Assembly.

Core takeaway: Under Article 197, the Assembly simply passes the bill a second time; after one month in the Council, the bill is deemed passed and sent to the Governor, bypassing the Council's objection.

Illustrative Notice: The Legislative Council is purely a dilatory, revising chamber; it cannot permanently veto legislation approved by the directly elected Assembly.

4. Important Limits, Qualifications & Exceptions

Article 197 ensures that the directly elected Assembly prevails over the indirectly elected Council.

No joint sitting in State Legislatures.
First passage delay: Maximum three months in the Council.
Second passage delay: Maximum one month in the Council.
Total delaying power capped at four months.
Applies to ordinary bills; Money Bills are governed by the even stricter 14-day rule under Article 198.

5. Operative Constitutional Text

(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 from the date on which the Bill is laid before the Council without the Bill being passed by it; or (c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree; the Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent session with or without such amendments, if any, as have been made, suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council. (2) If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council— (a) the Bill is rejected by the Council; or (b) more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or (c) the Bill 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 for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly. (3) Nothing in this article shall apply to a Money Bill.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 197, printed pages 88–89 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource