सं Samvidhan

The Constitution of India

Article 203

Procedure in Legislature with respect to estimates

Why this exists

This provision mirrors the British parliamentary tradition of separating 'charged' expenditure (essential state obligations that shouldn't be subject to political horse-trading, such as constitutional officeholders' salaries) from discretionary spending, which requires democratic approval. It also enforces the principle that only the executive (through the Governor, acting on the Council of Ministers' advice) can initiate financial proposals, ensuring fiscal discipline and preventing the legislature from proposing unfunded or uncoordinated spending demands.

How courts read it

Courts have generally treated this as part of the broader scheme of legislative financial procedure (mirroring Article 113 at the Union level) and have been reluctant to interfere with the internal budgetary process of state legislatures, treating it largely as a matter of legislative and executive discretion rather than one open to extensive judicial review.

Common misconceptions
  • Myth: The Legislative Assembly has no say at all over 'charged' expenditure.
    Fact: The Assembly can still discuss and debate charged expenditure; it just cannot vote to approve, reject, or reduce it.
  • Myth: Any legislator can propose a new spending demand.
    Fact: Only the Governor (acting on ministerial advice) can recommend a demand for a grant; individual legislators cannot introduce one independently.
Article 203 — Procedure in Legislature with respect to estimates · Samvidhan