The Constitution of India
Article 205
Supplementary, additional or excess grants
(1) The Governor shall —
(a) if the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,
cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be.
(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant.
Why this exists
Government budgets are estimates made in advance, and real life rarely matches estimates exactly — new needs arise, emergencies happen, or costs run higher than planned. Article 205 (mirroring Article 115 for the Union) ensures that even this 'extra' or 'after-the-fact' spending goes through the same democratic checkpoint as the original budget: the elected legislature must see it, debate it, and approve it before the executive can validly draw more money from the Consolidated Fund of the State. This preserves legislative control over public money at every stage, not just at the start of the year.
Common misconceptions
- Myth: The state government can spend extra money first and explain it to the legislature whenever convenient, with no real formality.
Fact: Article 205 requires the same formal process as the original budget — a statement or demand must be laid before the legislature and approved, followed by a proper appropriation law, before or to validate such spending. - Myth: Article 205 only covers spending more than planned; it doesn't apply to brand-new, unplanned expenses.
Fact: Article 205(1)(a) explicitly covers both situations: insufficient funds for an existing service AND entirely new services not contemplated in the original annual financial statement.