Legislature with a message which was sent earlier by the Governor (according to Article 200 of the constitution). This bill should be reconsidered by the State Legislature within a period of six months. And again if the bill is passed by both Houses, then it is again presented before the President for its consideration.
An example of the contradiction to this Article came in the case of K.P. Kochanujan Thirumulpad vs State Of Kerala where a petition was filed and a question was asked on the legality of a bill which was passed before any direction came from the President during the period of reconsideration. Here the petition was rejected and it was held that there are certain restrictions/ grounds on which Article 201 does not apply.
Language to be used in the Legislation: Article 210
All the proceedings in the State Legislature like the law-making process should be in the official language or in the language of the state or in Hindi or in English. It is given in Article 210 of the Indian Constitution. Here, under the special circumstances the Chairman or Deputy Chairman may allow the member to use other languages (who cannot express himself/herself in any of the languages as mentioned above in this article). Here, the role of language which is to be used in the legislation becomes very vital. However, there is a provision that determines that if the State Legislature does not make any law for using the English language even after fifteen years, then the word English from Article 210 will get eliminated by itself.
Procedure in Financial Matters: Articles 202 to 207
The State Legislature of every state follows a special procedure in the matters related to finance. These procedures are given in Article 202 to Article 207 of the Indian Constitution. The procedure which is mentioned in these articles are as follows:
- Article 202 (Annual Financial Statement): It is the duty of the Governor to lay down the estimated receipts and expenditure of the State for that year. It is known as the Annual Financial Statement.
- Article 203 (Procedure in the legislature related to estimates): The estimates that relate to expenditure from the Consolidated Fund of a State should not be submitted to a vote of the Legislative Assembly. But nothing mentioned here should be construed as preventing the discussion of the Legislatures that relates to those estimates. Demand for a grant can be made only on the recommendation of the Governor.
- Article 204 (Appropriation Bill): After making the grants under Article 203, the assembly shall introduce a bill that will provide for the appropriation out of the Consolidated Fund of the State for the matters related to money which is granted by the assembly.
- Article 205 (Supplement, Additional or excess grants): In this Article, the Governor can allow supplement grants (when the expenditure is more than what was estimated) and he/ she has the power to extend the granted money for any particular service.
- Article 206 (Vote on Accounts, Votes of Credit or Exceptional Credits): This Article talks about the power or authority of the Legislative Assembly to grant in the given situation.
- In advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure given in Article 203.
- To make a grant for meeting an unexpected demand upon the resources of the State.
- To make exceptional grants which are not a part of the current financial year.
- Article 207 (Special Provisions related to Financial Bills): Financial Bill should not be introduced in the Legislative Council and without the recommendation of the Governor.
General Rules of Procedure
It is important for every organ of the State to make certain rules and regulations for its proper functioning. Similarly, there are some general rules of procedure made for the smooth functioning of the State Legislature. These are given from Article 208- Article 212 of the Indian Constitution. All the provisions under these Articles are explained below:-
- Article 208– Houses of the State Legislature has the power to