सं Samvidhan

The Constitution of India

Article 197

Restriction on powers of Legislative Council as to Bills other than Money Bills

Why this exists

India's Constitution allows some states to have a two-house legislature, but the framers, drawing on the British and pre-independence Indian legislative experience, wanted the upper house (Legislative Council, often nominated or indirectly elected) to act only as a revising or delaying chamber, not a body that could permanently block the will of the directly elected Legislative Assembly. Article 197 mirrors Article 107-108's logic for Parliament but adapts it to the state level, giving the Council limited time windows (three months, then one month) to act before the Assembly's version automatically prevails, ensuring democratic accountability rests with the elected House.

Common misconceptions
  • Myth: The Legislative Council can permanently block or veto any Bill from the Assembly.
    Fact: The Council can only delay a Bill -- three months in the first round, one month in the second -- after which the Assembly's version is deemed passed regardless of the Council's objection.
  • Myth: Article 197 applies to all Bills, including Money Bills.
    Fact: Clause (3) expressly excludes Money Bills, which follow a separate, faster procedure under other constitutional provisions.
  • Myth: Every Indian state has a Legislative Council so this Article applies uniformly across India.
    Fact: Only a few states (like Bihar, Uttar Pradesh, Maharashtra, Karnataka, Andhra Pradesh, Telangana) currently have Legislative Councils; Article 197 applies only in those states.
Article 197 — Restriction on powers of Legislative Council as to Bills other than Money Bills · Samvidhan