The Constitution of India
Article 208
Rules of procedure
(1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be.
(3) In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses.
Why this exists
This Article mirrors Article 118 (which does the same job for Parliament) and reflects a core feature of parliamentary democracy: legislatures need control over their own internal functioning to be independent of the executive and judiciary. At Independence, State legislatures inherited procedural traditions from British-era provincial legislatures, so Article 208 ensured continuity (via clause 2) while giving each House the power to develop its own modern rules over time (clause 1). Clause 3 addresses the practical problem of coordination in bicameral States, where an Assembly and Council need a formal channel to communicate on bills and other business.
How courts read it
Courts have generally treated rules made under Article 208 as matters of internal legislative procedure, giving legislatures wide latitude to conduct their own business under the umbrella of parliamentary privilege (linked to Articles 194 and 212). Judicial review of proceedings conducted under such rules has been limited, with courts intervening mainly where constitutional provisions themselves (not just internal rules) are violated, echoing the broader principle that courts avoid second-guessing purely procedural legislative decisions unless a substantive constitutional right or provision is at stake.
Common misconceptions
- Myth: Article 208 lets a legislature make any rule it wants, even if it conflicts with the Constitution.
Fact: The Article specifically says such rules are 'subject to the provisions of this Constitution,' meaning they cannot override or conflict with constitutional requirements. - Myth: The Governor controls how a State Assembly conducts its day-to-day business.
Fact: Under Article 208(3), the Governor's rule-making power is limited only to communication procedures between the two Houses in bicameral states, not general internal procedure, which is controlled by the Houses themselves under clause (1).