Article 198 of The Constitution of India
Special procedure in respect of Money Bills.
- (1)A Money Bill shall not be introduced in a Legislative Council.
- (2)After a Money Bill has been passed by the Legislative Assembly of a State having a Legislative Council, it shall be transmitted to the Legislative Council for its recommendations, and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council.
- (3)If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council and accepted by the Legislative Assembly.
- (4)If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council.
- (5)If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly.
Summary
- Article 198 of the Constitution of India creates a strict, fast-track procedure for passing Money Bills, giving the Legislative Assembly almost total control.
- A Money Bill cannot be introduced in the Legislative Council under any circumstances.
- Once passed by the Assembly, the Council has exactly fourteen days to review the bill and suggest recommendations.
- The Assembly has full power to accept or completely ignore any of the Council's recommendations, and the bill will still pass.
- If the Council does nothing and the fourteen days expire, the bill is automatically deemed to have passed both houses in the form the Assembly originally approved.
Practical examples
FAQ
1. Where must a Money Bill be introduced under Section 198 of the Constitution of India?
Section 198 of the Constitution of India explicitly states that a Money Bill shall not be introduced in a Legislative Council, meaning it must always originate in the Legislative Assembly.
2. How many days does the Council have to review a Money Bill under Article 198 of the Constitution?
Under Article 198 of the Constitution, the Legislative Council has a strict period of exactly fourteen days to return a Money Bill with its recommendations.
3. Can the Legislative Council force changes to a Money Bill according to Section 198 of this Act?
No, Section 198 of the Constitution of India allows the Legislative Assembly to either accept or reject all or any of the recommendations made by the Legislative Council.
Test yourself
1.Under Article 198 of the Constitution of India, what is the time limit for the Legislative Council to return a Money Bill to the Assembly?
2.According to Section 198 of the Constitution of India, where can a Money Bill be originally introduced?
3.Under Article 198 of the Constitution, what happens if the Legislative Assembly rejects all the recommendations made by the Legislative Council on a Money Bill?
4.Section 198 of the Constitution sets out the procedure for Money Bills. Which other provision specifically defines what legally counts as a "Money Bill" for this procedure?