Article 208 of the Costitution of India with Case law
🔷 Article 208 of the Constitution of India – Rules of Procedure for State Legislatures
🔹 Text of Article 208:
Article 208(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.
Article 208(2):
Until rules are made under clause (1), the rules of procedure and conduct of business in force immediately before the commencement of this Constitution shall continue to apply, subject to such modifications as the Speaker (or Chairman) may make.
Article 208(3):
In the case of a Legislature having two Houses, the powers of each House under this article shall be exercised by the House individually, and not in a joint sitting.
🔹 Key Features of Article 208:
| Clause | Provision |
|---|---|
| (1) | A State Legislative Assembly or Council may frame its own rules of procedure, consistent with the Constitution |
| (2) | Pre-existing rules shall apply until new ones are made |
| (3) | In bicameral legislatures, each House makes its own rules independently |
🔹 Objective of Article 208:
To ensure independence and autonomy of State Legislatures in conducting their proceedings.
To maintain order and discipline during sessions.
To enable each House to function according to its own rules, while respecting constitutional boundaries.
🔹 Related Provisions:
| Article | Subject |
|---|---|
| Article 118 | Rules of procedure for Parliament |
| Article 194 | Powers and privileges of State Legislatures |
| Article 208 | Procedure and conduct of business in State Legislatures |
🔹 Important Case Laws on Article 208:
✅ Raja Ram Pal v. Hon'ble Speaker, Lok Sabha (2007) 3 SCC 184
Though related to Article 118 (Parliament), principles also apply to Article 208.
Held:
Rules of procedure are subject to judicial review in cases of gross illegality or constitutional violations.
Rules framed under Article 208 are subordinate legislation, not above the Constitution.
✅ Keshav Singh's Case (Special Reference No. 1 of 1964, AIR 1965 SC 745)
Issue: Legislative privilege vs. judicial authority.
Held:
Rules under Article 208 cannot override fundamental rights.
Judiciary has the power to examine actions taken under such rules if they violate constitutional mandates.
✅ Powers of Legislature in Re: K. Prabhakaran v. P. Jayarajan (2005) 1 SCC 754
Relevance: Legislative procedure and disqualifications.
Observation: Any procedural violation must still conform to constitutional norms, and rules framed under Article 208 cannot legitimize unconstitutional acts.
✅ M.S.M. Sharma v. Sri Krishna Sinha (1959 AIR 395)
Discussed privileges and procedures of State legislatures (Bihar Assembly case).
Held:
Legislature has the right to make its own rules under Article 208.
However, fundamental rights (like freedom of press) cannot be arbitrarily curtailed using procedural rules.
🔹 Summary Table:
| Aspect | Details |
|---|---|
| Article | 208 |
| Applies To | State Legislatures (Assembly and Council) |
| Power Given | Make rules of procedure and conduct of business |
| Until New Rules | Pre-Constitution rules continue (with modification) |
| If Bicameral | Each House makes its own rules |
| Judicial Review? | Yes, in case of constitutional violations |
| Important Cases | Raja Ram Pal, Keshav Singh, M.S.M. Sharma, K. Prabhakaran |
🔹 Final Note:
Rules made under Article 208 are not absolute – they must be consistent with the Constitution. While they protect the autonomy of legislatures, they are not immune from judicial scrutiny, especially where fundamental rights or constitutional provisions are at stake.
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