Vol. 13 · pages 216–220

again by the House with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom. Bills reserved for considera- tion 176. When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom: 5 Provided that where the Bill is not a Money Bill the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the proviso to the last preceding article and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by them with or without amendment, it shall be presented again to the President for his consideration. 10 15 Procedure in Financial Matters Annual financial statement. 177. (1) The Governor shall in respect of every financial year cause to be laid before the House or Houses of the Legislature of the State a statement of the estimated receipts and expenditure of the State for that year, in this Part of this Constitution referred to as the “annual financial statement” 20 25 (2) The estimates of expenditure embodied in the annual financial statement shall show separately— (a) the sums required to meet expenditure described by this Constitution as expendi- ture charged upon the revenues of the State; and 30 (b) the sums required to meet other expenditure proposed to be made from the revenues of the State; and shall distinguish expenditure on revenue account from other expenditure. 35 (3) The following expenditure shall be expendi- ture charged on the revenues of each State— (a) the emoluments and allowances of the Governor and other expenditure relating to his office; 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 215 183THE DRAFT CONSTITUTION

(b) the emoluments and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly, and in the case of a State having a Legislative Council, also of the Chairman and the Deputy Chair- man of the Legislative Council; 5 (c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt; 10 (d) expenditure in respect of the salaries and allowances of judges of any High Court; (e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; 15 (f) any other expenditure declared by this Constitution or by the Legislature of the State by law to be so charged. 20 Procedure in Legislature with respect to estimates. 178. (1) So much of the estimates as relates to expenditure charged upon the revenues of a State shall not be submitted to the vote of the Legislative Assembly, but nothing in this clause shall be construed as preventing the discussion in the Legis- lature of those estimates. 25 (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. 30 (3) No demand for a grant shall be made except on the recommendation of the Governor. 35 Authentica- tion of sche- dule of authorised expenditure. 179. (1) The Governor shall authenticate by his signature a schedule specifying— (a) the grants made by the Assembly under the last preceding article; (b) the several sums required to meet the expenditure charged on the revenues of the State, but not exceeding in any case, the sum shown in the statement pre- viously laid before the House or Houses. 40 216 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 184 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(2) The schedule so authenticated shall be laid before the Assembly but shall not be open to discussion or vote in the Legislature. (3) Subject to the provisions of the next two succeeding articles, no expenditure from the revenues of the Stale shall be deemed to be duly authorised unless it is specified in the schedule so authenticated. 5 Supplemen- tary state- ments of ex- penditure. 180. If in respect of any financial year further expenditure from the revenues of the State becomes necessary over and above the expenditure theretofore authorised for that year, the Governor shall cause to be laid before the House or Houses a supplementary statement showing the estimated amount of that expenditure, and the provisions of the preceding articles shall have effect in relation to that statement and that expenditure as they have effect in relation to the annual financial statement and the expenditure mentioned therein. 10 15 Excess grants *181. If in any financial year expenditure from the revenues of the State has been incurred on any ser- vice for which the vote of the Legislative Assembly is necessary in excess of the amount granted for that service and for that year, a demand for the excess shall be presented to the Assembly and the provisions of articles 173 and 179 of this Constitution shall have effect in relation to such demand as they have effect in relation to a demand for a grant. 20 25 Special pro- visions as to financial Bills. 182. (1) A Bill or amendment making provision for any of the matters specified in items (a) to (f) of clause (1) of article 174 of this Constitution shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council: 30 Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax. 35 *This article has been inserted to follow the recommendation of the Expert Committee on the Financial Provisions of the Constitution. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 217 185THE DRAFT CONSTITUTION

(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the impo- sition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. 5 (3) A Bill which, if enacted and brought into operation, would involve expenditure from the revenues of a State shall not be passed by a House of the Legislature of the State unless the Governor has recommended to that House the consideration of the Bill. 10 15 Procedure Generally Rules of Procedure. 183. (1) A House of the Legislature of a State may make rules for regulating, subject to the provi- sions of this Constitution, its procedure and the conduct of its business. 20 (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 Le- gislature 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. 25 30 (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 pro- cedure with respect to joint sittings of, and com- munications between, the two Houses. 35 (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. 40 *The Committee is of opinion that the Speaker of the Assembly should preside at a joint sitting of the two Houses as the Assembly is the more numerous body. 218 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 186 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Language to be used in the Legislatures of States. 184. (1) In the Legislature of a State, business shall be transacted in the language or languages generally used in that State or in Hindi or in English. (2) The Speaker of the Legislative Assembly or the Chairman of the Legislative Council may, whenever he thinks fit, make arrangements for making available in the Assembly or the Council, as the case may be, a summary in any language generally used in the State or in English of the speech delivered by a member in any other language, and such summary shall be included in the record of the proceedings of the House in which the speech has been delivered. 5 10 Restrictions on discussion in the Legislatures of States 185. (1) No discussion shall take place in the Legislature of a State with respect to the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties. 15 (2) In this article, the reference to a High Court shall be construed as including a reference to any court in a State for the time being specified in Part III of the First Schedule which is a High Court for any of the purposes of Chapter IV of Part V of this Constitution. 20 Courts not to inquire into proceedings of the Legis- lature. 186. (1) The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of proce- dure 25 (2) No officer or other member of the Legislature of a State in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. 30 35 CHAPTER IV—Legislative Power of the Governor Power of Governor to promulgate Ordinances during recess of Legisla- ture. 187. (1) If at any time, except when the Legis- lative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 219 187THE DRAFT CONSTITUTION