Restriction on Powers of the Legislative Council as to Bills Other Than Money Bills (Article 197)
Indian Polity › State Legislature · Topic 20.8
Under Article 197, the legislative council can delay an ordinary bill by at most four months and cannot reject money bills, vote grants or remove the ministry, making it a dilatory chamber subordinate to the assembly, weaker than the Rajya Sabha.
5 min read · UPSC Prelims · Polity · State Legislature
At a Glance
- What it is The limits on the council’s power to delay and block ordinary bills
- Article Article 197
- Maximum delay Four months
- Result The assembly prevails
- Exam link UPSC Prelims, Polity: State Legislature
Where Does It Fit?
This is the last topic of the category on the State Legislature. The position of the legislative council is much weaker than the position of the Rajya Sabha relative to the Lok Sabha. The council is not even a revising body: it is a dilatory or advisory body.
Spheres Where the Council Is Equal to the Assembly
- Introduction and passage of ordinary bills (subject to the assembly prevailing in disagreement).
- Approval of ordinances issued by the Governor.
- Selection of ministers including the chief minister, who may be members of either House but are responsible only to the assembly.
- Consideration of reports of constitutional bodies such as the State Finance Commission, State Public Service Commission and the CAG.
- Enlargement of the jurisdiction of the State Public Service Commission.
Spheres Where the Council Is Unequal
- A money bill can be introduced only in the assembly.
- The council cannot amend or reject a money bill; it must return it within 14 days.
- The assembly can accept or reject any of the council’s recommendations, and the bill is deemed passed in both cases.
- The Speaker of the assembly has the final power to decide whether a bill is a money bill.
- For an ordinary bill, the council can delay it by four months at the most.
- The council can discuss the budget but cannot vote on demands for grants.
- The council cannot remove the council of ministers by a no-confidence motion, because the ministry is responsible only to the assembly.
- A bill originating in the council and rejected by the assembly ends.
- The council does not participate in the election of the President or the Rajya Sabha representatives of the state.
- The council has no effective say in the ratification of a constitutional amendment bill.
- The existence of the council depends on the assembly’s will, since Parliament abolishes it on the assembly’s resolution.
Council versus Rajya Sabha
The Rajya Sabha has equal powers with the Lok Sabha in all spheres except financial matters and control over the government, whereas the council is subordinate to the assembly in all respects. The reasons the Constitution gave the council much less importance than the Rajya Sabha are: the Rajya Sabha represents the states and reflects the federal element, so it must be an effective revising body, whereas no federal issue arises for a council; the council is heterogeneously constituted, with differently elected members and some nominated, which weakens it, while the Rajya Sabha is homogeneously constituted with only 12 of 250 members nominated; and its position follows democratic principles, since the council should yield to the popular house, a pattern adopted from the British model where the House of Lords can delay an ordinary bill for a maximum of one year and a money bill for one month.
Why the Council Gets Less Than the Rajya Sabha
| Point | Rajya Sabha | Legislative Council |
|---|---|---|
| Federal element | Represents states and Union territories | No federal significance |
| Composition | Mainly elected; 12 of 250 nominated | Mixed: local bodies, graduates, teachers, legislators, nominees |
| Delay on ordinary bills | Up to six months, then joint sitting | Four months at most, then the assembly prevails |
| Role | Effective revising body | Dilatory or advisory body |
| Control over government | No power to remove the Council of Ministers | No power; ministry responsible to the assembly only |
The council’s position follows the British model in which the House of Lords cannot oppose and obstruct the House of Commons and can only delay an ordinary bill for a maximum of one year and a money bill for one month.
Arguments For and Against the Council
| Criticism | Support |
|---|---|
| A secondary chamber, a costly ornamental luxury, a white elephant | Checks hasty, defective, careless and ill-considered legislation by the assembly through revision and thought |
| A refuge for those defeated in assembly elections | Provides representation to eminent professionals and experts who cannot face direct elections; the Governor nominates one-sixth of members |
| Delays the legislative process | Allows a state to have a second chamber according to its willingness and financial strength |
These points are the standard material for Mains answers on whether a second chamber is needed in the states.
Why Is This Topic Important?
- Council versus Rajya Sabha Favourite Mains comparison
- Four months Frequently asked
- Equal and unequal spheres List-based question
What Came Next?
The next category covers the Governor, beginning with qualifications and appointment.
Key People and Terms
- Dilatory chamber Chamber that only delays
- Revising body Body that suggests changes
- Homogeneous Of uniform composition
- Heterogeneous Of mixed composition
- Article 197 Restriction on council powers
Exam Corner
Points to Remember
- Maximum delay of four months (three plus one).
- Council cannot vote on demands for grants.
- Ministry responsible only to the assembly.
- Existence depends on the assembly.
Do Not Confuse With
- Council and Rajya Sabha Council is subordinate in all respects
- Equal and unequal spheres Ordinary bills equal but assembly prevails
- Dilatory and revising body Rajya Sabha is a revising body
Memory Hook
Delay but not defeat: the council waits four months and the assembly wins.
Mains Angle
Questions on this topic usually ask about the need for the council. Use these points to add depth.
- Subordinate chamber Weaker than the Rajya Sabha
- Federal element Missing in the council
- Utility Revision and expert representation
- Criticism Costly and a refuge for the defeated
A Question You May Face
An original practice question, not a past paper question.
“Examine the position of the legislative council vis-a-vis the legislative assembly and justify or criticise its existence.”
How to Answer
- Introduction Article 197.
- Equal and unequal Lists.
- Council versus Rajya Sabha Reasons.
- Conclusion Arguments.
GS Relevance
Frequently Asked Questions
How long can the council delay an ordinary bill?
The council can detain an ordinary bill for at most four months, three months in the first instance and one month in the second instance. After that the bill is deemed passed in the form the assembly passed it the second time.
Is the council equal to the assembly in any matter?
The council is broadly equal in introduction and passage of ordinary bills, approval of ordinances, selection of ministers, consideration of reports of constitutional bodies and enlargement of the State Public Service Commission’s jurisdiction, but even there the assembly prevails.
Why is the council weaker than the Rajya Sabha?
The Rajya Sabha represents the states and reflects federalism, is homogeneously constituted, and is an effective revising body. The council has no federal significance, is heterogeneously constituted and follows the British model of a popular lower house prevailing.
Can the council remove the government?
No. The council of ministers is collectively responsible only to the legislative assembly, so the council cannot pass a no-confidence motion against it, though it can discuss and criticise the government’s policies and activities.
What are the arguments for having a council?
It checks hasty and ill-considered legislation by the assembly by providing revision and thought, and it enables eminent professionals and experts who cannot face direct elections to be represented, through the Governor’s nomination of one-sixth of members.
PYQ Practice — Statement Analysis
1 The legislative council can vote on demands for grants.
Only the assembly can.
2 The council can delay an ordinary bill by four months.
Three and one.
3 The council participates in the election of the President.
It does not.
4 The council of ministers is responsible to the council.
Only to the assembly.
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