Do you know which Article grants the authority to the Houses of State Legislature to make rules for the procedure in the largest Constitution of the World?
Well, the credit goes to Article 208 of the Indian Constitution. The said Article speaks for the establishment of rules of procedure laid under the title “Procedure Generally” of Part VI of the Indian Constitution. This Part of the Constitution is solely dedicated to the provisions revolving around “The States”.
This page will cover Article 208 – “Rules Of Procedure” in length to help you understand the provisions contained in the three clauses of it.
- Article 208 Of The Indian Constitution
- When Was Article 208 Adopted?
- Amendments Made To Article 208
- Conclusion
- FAQs
- What Is Clause 3 Of Article 208 Of The Indian Constitution?
- Which Part Of The Constitution Of India Speaks About Article 208?
- Which Amendment Of The Indian Constitution Revised Article 208?
- When Article 208 Was Adopted?
- What Clause 1 Of Article 208 Pertains?
- Name All Articles That Deals With The "Procedure Generally" For The State Legislatures.
Article 208 Of The Indian Constitution
The Constitutional provisions of Article 208 made it feasible for each House of the state legislature to develop its own rules and procedures for conducting business. Such provisions are outlined in 3 clauses which are as follows:
- In accordance with the provisions in this Constitution, the House of the Legislature of a State may establish rules for how it conducts its business and for regulating its procedures.
- Rules of procedure and standing orders applicable to the corresponding Provincial Legislature prior to the effective date of this Constitution shall apply to the State Legislature until rules are created under clause (1). The Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the situation may be, shall have the authority to make such changes and adaptations to these rules of procedure as he or she deems necessary.
- Rule-making authority to establish procedures for how the two chambers should exchange information rests with the Governor of a state that possesses a Legislative Council. However such rules will be established only after the Governor has conferred with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council.
When Was Article 208 Adopted?
On June 10th, 1949, a discussion was held over the draught of Article 183, which later became Article 208. It made it possible for each house of the state legislature to create its own set of rules and regulations for conducting business. The proposed article was approved on June 10, 1949.
Amendments Made To Article 208
A mini Constitution of India amended Article 208 for the first time in the year 1976. 42nd amendment of the Indian Constitution revised clause 1 of Article 208 which is as follows:
After the phrase “its procedure,” in clause (1) of article 208 of the Constitution, the brackets and the phrases “(including the quorum to constitute a meeting of the House)” should be introduced.
Later on, the phrase which was added to clause 1 by the 42nd amendment was struck down by the 44th Amendment of the Indian Constitution.
Conclusion
It is crucial for every arm of the state to establish specific rules and regulations in order to ensure that it functions effectively. Similarly to that, there are some broad norms of procedure designed to ensure the State Legislature runs smoothly. The Indian Constitution’s Articles 208 through 212 are cited for these.
Check out the linked pieces to learn about these articles from the table provided below:
| Article 209 Of The Indian Constitution | Article 210 Of The Indian Constitution |
| Article 211 Of The Indian Constitution | Article 212 Of The Indian Constitution |
FAQs
What Is Clause 3 Of Article 208 Of The Indian Constitution?
The Governor of a state with a Legislative Council has the power to make rules outlining the procedures by which the two houses of government share information with one another. However, before making any such regulations, the Governor shall confer with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council.
Which Part Of The Constitution Of India Speaks About Article 208?
State governments are outlined in detail in Part VI of the Indian Constitution. The provisions pertaining to the State Legislature are listed in Chapter III of this part. Articles 208 to 212 have been grouped together in this Chapter III with the aim of providing a general outline of the legislative process.
Which Amendment Of The Indian Constitution Revised Article 208?
42nd Amendment as well as the 44th Amendment of the Constitution of India has updated Article 208.
When Article 208 Was Adopted?
On June 10, 1949, Article 208 came into effect. It opened the door for every house of the state legislature to craft its own rules and regulations regarding how business should be conducted.
What Clause 1 Of Article 208 Pertains?
In line with the provisions contained in this Constitution, the House of a State’s legislature has the authority to adopt rules for the way in which it performs its work and for regulating the procedures that it follows.
Name All Articles That Deals With The “Procedure Generally” For The State Legislatures.
Part VI of the Indian Constitution contains a detailed description of state governments. In Chapter III of this part, a list of the provisions that deal with the State Legislature is provided. The purpose of this Chapter III’s grouping of Articles 208 to 212 of the Constitution of India is to give a broad overview of the legislative process.
