Article 208 of Indian Constitution: Rules of Procedure

Under Article 208 of Part VI of Indian Constitution, it explains how state legislatures can create their own rules for conducting business. It lets the state legislature set rules for its procedures and business conduct. In bicameral legislatures, each House can make its own procedural rules. The Parliament of India will follow the current rules until it makes new ones. Explore other Constitutional Articles.

Article 208 of Indian Constitution

Rules of procedure

• A House of the Legislature of a State may make rules for regulation subject to the provisions of this Constitution, its procedure, and the conduct of its business.
• Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution concerning the Legislature for the corresponding Province shall affect the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be.
• In a State having a Legislative Council, the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules regarding the procedure concerning communications between the two Houses.

Note: "The information above has been added from the official website, i.e., Indian Code. This content is only for reference; no changes have been made to the provision of the Article.

Article 208 of Indian Constitution: Simplified Interpretation

Article 208 of Indian Constitution allows both houses of the State Legislature to regulate its procedures. This ensures independence and flexibility in legislative work. Here is a detailed interpretation:

1. Each House in a state legislature can make its own rules for how it works. You are allowed to do this as long as you follow the Constitution. It helps them have autonomy and flexibility.
2. Provisional Rules: The procedure and standing orders are valid before the commencement of the constitution until the speaker of the legislative assembly formally adopts new ones, or the chairperson of the legislative council may modify or adapt regulations as needed.
3. Coordination between houses of the state legislature: In a state legislative assembly and a council, the Governor can make their rules for communication and coordination after consulting with the speaker and chairperson.

The aim of Article 208 of Indian Constitution is to make procedural independence for state legislators and allow them to regulate their business. This provision is inspired by parliamentary democracy, where legislative houses create their rules and regulations. Article 208 also ensures continuation by allowing existing rules and standing orders to remain valid until new rules are made and balancing autonomy and stability during the commencement of the new Constitution.

Article 208 of Indian Constitution empowers State Legislatures to conduct their business. Here's a breakdown:

• Empowering State Legislatures: According to Article 208(1), both houses of State Legislature can make rules to govern its rules and procedure that should be based also on the provisions of the Constitution to direct state legislatures to govern the rules that should prevent their working autonomy. Thus, this can ensure rule-making power in the State Legislatures.
• Continuation of legislative functions: Article 208(2) There can be new rules and procedures enacted- in the meantime, the existing rules and orders of business of the State Legislature shall continue with such modifications as may be necessary to facilitate the smooth change in the continuity of the business of the Legislature.
• Regulating Communication Between Houses: Article 208(3) empowers the state legislature to make its own rules for procedure between both houses after consultation with a speaker of the legislative assembly and chairman of legislative council.
• Importance: Article 208 of Indian Constitution is proficient for the proper working autonomy of State Legislatures. For the conduct of business affairs
• It allows them to make their own rules of operation, ensuring that legislative processes are conducted proficiently.

Article 208 of Indian Constitution Case Laws

Certainly, there are no judgments present that directly interpret Article 208 of Indian Constitution. However, its provisions concerning procedural autonomy for the state legislators were indirectly stated in cases concerning legislative procedures and the functioning of state legislators.

Conclusion

Article 208 of Indian Constitution empowers houses of State Legislature to make their own rules for conducting business. They must stay within the constitutional framework. Until those rules are made, current laws and stable commands still apply, with needed changes. This provision shows the federal spirit of the Constitution. It helps legislative functioning while aligning with constitutional principles. It boosts democracy in states and supports Indian cooperative federalism. They will make any necessary changes as needed.