Answer By law4u team
Constitution of India Article 196: Provisions as to Introduction and Passing of Bills
1. Subject to the provisions of articles 198 and 207 with respect to Money Bills and other financial Bills, a Bill may originate in either House of the Legislature of a State which has a Legislative Council.
2. Subject to the provisions of articles 197 and 198, a Bill shall not be deemed to have been passed by the Houses of the Legislature of a State having a Legislative Council unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.
3. A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses thereof.
4. A Bill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly.
5. A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly.
Brief Detail
Article 196 lays out provisions related to the introduction and passage of bills in the Legislature of States with a Legislative Council. It explains the conditions under which a bill is passed, the effects of prorogation and dissolution on pending bills, and how the concurrence of both Houses is necessary for a bill to be considered passed.
Question & Answers
Can a Bill originate in any House of the State Legislature?
Yes, a Bill can originate in either House of the State Legislature if the State has a Legislative Council. However, this is subject to the provisions of Articles 198 and 207 for financial and Money Bills.
Does a Bill lapse if the State Legislature is prorogued?
No, a Bill pending in the State Legislature does not lapse due to prorogation of the House or Houses.
What happens when a Legislative Assembly is dissolved regarding pending Bills?
When the Legislative Assembly of a State is dissolved, a Bill pending in the Assembly, or one passed by the Assembly but pending in the Legislative Council, lapses.
Example
For example, if a Bill is pending in the Legislative Assembly of a State and the Assembly is dissolved, the Bill will lapse. However, if it is pending in the Legislative Council and the Assembly is dissolved, it will not lapse unless the Assembly had not yet passed it.
Summary
Article 196 provides clarity on how Bills are introduced, passed, and the impact of prorogation or dissolution of the Legislative Assembly on Bills pending in the legislature. It ensures that both Houses must agree for a Bill to be passed and determines the fate of Bills during the legislative processes of prorogation or dissolution.
