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Article 202-207 Indian Constitution 1949 (with amendments)

Preamble Article 1-4 (THE UNION AND ITS TERRITORY) Article 5-11 (CITIZENSHIP) Article 12-13 (General) Article 14-18 (Right to Equality) Article 19-22 (Right to Freedom) Article 23-24 (Right against Exploitation) Article 25-28 (Right to Freedom of Religion) Article 29-31 (Cultural and Educational Rights) Article 31A-31D (Saving of Certain Laws) Article 32-35 (Right to Constitutional Remedies) Article 36-43B Article 44-51 Article 51A (Fundamental duties) Article 52-61 Article 62-71 Article 72-78 Article 79-88 Article 89-98 (Officers of Parliament) Article 99-100 (Conduct of Business) Article 101-104 (Disqualifications of Members) Article 105-106 (Powers, Privileges and Immunities of Parliament and its Member) Article 107-111 (Legislative Procedure) Article 112-117 (Procedure in Financial Matters) Article 118-122 (Procedure Generally) Article 123 (Power of President to promulgate Ordinances during recess of Parliament) Article 124-131A Article 132-139A Article 140-147 Article 148-151 (COMPTROLLER AND AUDITOR-GENERAL OF INDIA) Article 152-162 Article 163-167 Article 168-177 (THE STATE LEGISLATURE – General) Article 178-187 (Officers of the State Legislature) Article 188-195 Article 196-201 (Legislative Procedure) Article 202-207 (Procedure in Financial Matters) Article 208-212 (Procedure Generally ) Article 213 (Power of Governor to promulgate Ordinances during recess of Legislature) Article 214-223 Article 224-232 Article 233-237 (SUBORDINATE COURTS ) Article 238-242 Article 243-243G Article 243H-243O Article 243P-243Y Article 243Z-243ZG Article 243ZH-243ZT Article 244-244A (THE SCHEDULED AND TRIBAL AREAS) Article 245-255 (Distribution of Legislative Powers) Article 256-263 Article 264-267 (FINANCE – General) Article 268-281 (Distribution of Revenues between the Union and the States) Article 282-291 (Miscellaneous financial provisions) Article 292-293 (BORROWING) Article 294-300 (Miscellaneous financial provisions) Article 300A-307 Article 308-314 Article 315-323 Article 323A-329A (TRIBUNALS) Article 330-336 (Miscellaneous financial provisions) Article 337-342A (Miscellaneous financial provisions) Article 343-351 (OFFICIAL LANGUAGE) Article 352-360 (EMERGENCY PROVISIONS) Article 361-367 (MISCELLANEOUS) Article 368-371J Article 372-392 Article 393-395 First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule Eighth Schedule Ninth Schedule Tenth Schedule Eleventh Schedule Twelfth Schedule Appendix I-IV (Not available)

Article 202-207 Indian Constitution 1949

Article 202, 203, 204, 205, 206, and 207 of the Constitution of India 1949, are under Procedure in Financial Matters of Chapter III (THE STATE LEGISLATURE) of Part VI of the Constitution. Part VI is titled ‘THE STATES’.

Article 202 Indian Constitution 1949

Annual financial statement

(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 referred to as the “annual financial statement”.

See also  Article 268-281 Indian Constitution 1949 (with amendments)

(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 expenditure charged upon the Consolidated Fund of the State; and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the State; and shall distinguish expenditure on revenue account from other expenditure.

(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each State—
(a) the emoluments and allowances of the Governor and other expenditure relating to his office;
(b) the salaries 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 Chairman of the Legislative Council;
(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;
(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;
(f) any other expenditure declared by this Constitution, or by the Legislature of the State by law, to be so charged.

Article 203 Indian Constitution 1949

Procedure in Legislature with respect to estimates

(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund 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 Legislature of any of those estimates.

(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.

(3) No demand for a grant shall be made except on the recommendation of the Governor.

Article 204 Indian Constitution 1949

Appropriation Bills

(1) As soon as may be after the grants under article 203 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the State of all moneys required to meet—
(a) the grants so made by the Assembly; and
(b)the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the statement previously laid before the House or Houses.

(2) No amendment shall be proposed to any such Bill in the House or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.

See also  Article 315-323 Indian Constitution 1949 (with amendments)

(3) Subject to the provisions of articles 205 and 206, no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accordance with the provisions of this article.

Article 205 Indian Constitution 1949

Supplementary, additional or excess grants

(1) The Governor shall—
(a) if the amount authorised by any law made in accordance with the provisions of article 204 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or

(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the House or the Houses of the Legislature of the State another statement showing
the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be.

(2) The provisions of articles 202, 203 and 204 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or grant.

Article 206 Indian Constitution 1949

Votes on account, votes of credit and exceptional grants

(1) Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative Assembly of a State shall have power—
(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 203 for the voting of such grant and the passing of the law in accordance with the provisions of article 204 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current service of any financial year; and the Legislature of the State shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of the State for the purposes for which the said grants are made.

See also  Article 44-51 Indian Constitution 1949 (with amendments)

(2) The provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure.

Article 207 Indian Constitution 1949

Special provisions as to financial Bills

(1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f)of clause (1) of article 199 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:
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.

(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 imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund 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.


See also:

Article 196-201 Indian Constitution 1949 (Legislative Procedure)

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