Rules of procedure

Article 183, Draft Constitution 1948

(1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.

(2) Until rules are made under clause (1) of this article, the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Provincial Legislature for’ the State shall have effect in relation to the Legislature of that 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.

(3) 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 as to the procedure with respect to joint sittings of, and communications between, the two Houses.

(4) At a joint sitting of the two Houses the Speaker of the Legislative Assembly, or in his absence such person as may be determined by rules of procedure made under clause (3) of this article, shall preside.

Article 208, Constitution of India 1950

(1) A House of the Legislature of a State may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.

⁠(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to 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.

⁠(3) 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 as to the procedure with respect to communications between the two Houses.

Draft Article 183 (Article 208) was debated on 10 June 1949. It enabled both Houses of the State Legislature to make their own rules of procedure.

A member moved an amendment to mandate that the rules must be framed within six months of the first session of the House. He argued that the old rules applicable to the Provincial Legislatures, which would be in force until the new rules was framed, may be unsuitable for the new State Legislatures. The time limit was necessary to ensure that such rules were not in place for an indefinite period of time. Another member supported this amendment, declaring that six months was sufficient time for a House to create its own rules. The amendment was rejected by the Assembly without debate.

The Draft Article was adopted on 10 June 1949.