The Constitution of India
Article 197
Restriction on powers of Legislative Council as to Bills other than Money Bills
(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.
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.