Constitution of India · Part VI: The States · Legislative Procedure
Article 197: Restriction on powers of Legislative Council as to Bills other than Money Bills
In plain words
If the Legislative Council rejects a Bill passed by the Legislative Assembly, does not pass it within three months, or passes it with amendments the Assembly rejects, the Assembly can pass it again and send it back. This does not apply to Money Bills.
- If the Council again rejects it, does not pass it within one month, or makes amendments the Assembly rejects, the Bill is treated as passed in the form the Assembly passed it the second time, with any Council amendments the Assembly accepted.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 197
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The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
a. What courses of action are available to the Governor in exercise of his powers under Article 200 of the Constitution. b. Whether the Governor can reserve a Bill for the consideration of the President when it is…
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Justice Shailendra Singh & Ors. v. Union of India & Ors.
(1) Whether Judges of the High Court appointed from the District Judiciary can be denied subscription to the General Provident Fund (GPF) on the basis of their previous service under the New Pension Scheme (NPS); and…
- Social Jurist, A Civil Rights Group v. Government of NCT of Delhi & Ors
- Rojer Mathew v. South Indian Bank Ltd. & Ors.
- Justice K. S. Puttaswamy (Retd.) v. Union of India & Ors.
- Mohd. Saeed Siddiqui v. State of U.P. and Another
- Jamshed N. Guzdar v. State of Maharashtra and Ors.
- Special Reference No. I of 2002 v. .
- M/S . Mangalore Ganesh Bedi Works v. The State of Mysore & Another
- Purushothaman Nambudiri v. The State of Kerala