Article 209 of the Costitution of India with Case law
🔹 Article 209 of the Constitution of India – Regulation by Law of Procedure in the Legislature of the State in relation to Financial Business
📘 Bare Text of Article 209
"Subject to the provisions of this Constitution, the Legislature of a State may, by law, regulate the procedure of that Legislature in relation to financial business."
🔍 Explanation and Key Features
| Aspect | Details |
|---|---|
| Applies to | State Legislatures (Vidhan Sabha or Vidhan Parishad) |
| Purpose | To authorize the State Legislature to make laws regulating how financial matters are handled in the House |
| Examples of Financial Business | Budget discussions, Appropriation Bills, Money Bills, Demands for Grants |
| Limitation | Subject to other provisions of the Constitution (e.g., Articles 202–207) |
In short: Article 209 empowers a State Legislature to codify and structure the procedure for handling financial matters, like how the Budget is introduced, debated, and passed — provided it does not override or violate any other part of the Constitution.
🧾 Related Articles (Contextual Link)
Article 202: Annual financial statement of a State (State Budget)
Article 203: Procedure in the Legislature with respect to estimates
Article 204: Appropriation Bills
Article 205: Supplementary, additional, or excess grants
Article 207: Special provisions as to financial Bills
These articles lay down substantive rules for financial matters, while Article 209 allows the Legislature to frame procedural laws for the same.
⚖️ Relevant Case Law Involving Article 209
Though direct case law specifically under Article 209 is rare (since it is procedural), courts have commented on State Legislature's power to regulate financial business, especially in money bills, budget handling, and legislative procedures.
🔹 State of Punjab v. Sat Pal Dang, AIR 1969 SC 903
Facts: Whether financial business conducted without following procedure was valid.
Held: Legislative procedures for financial business must be in line with constitutional provisions (Arts. 202–207), and any law made under Article 209 cannot contravene these.
Relevance: Confirms that Article 209 does not give absolute power; the regulation must be subject to other constitutional safeguards.
🔹 Mangalore Beedi Works v. State of Mysore, AIR 1963 SC 589
Context: Questioned legislative competence in relation to appropriation of funds.
Held: Procedures related to financial matters must adhere to constitutional limits; the legislative process cannot be circumvented through regulation.
Relevance: Reinforces the boundaries of legislative procedure in financial matters, referencing the powers under Article 209.
🔹 K.T. Plantation v. State of Karnataka, (2011) 9 SCC 1
Issue: Challenged the constitutionality of a state legislation with financial implications.
Held: Laws involving financial aspects must comply with constitutional mandates like Article 202–207, even if the procedures are regulated under Article 209.
📝 Summary Table
| Clause | Provision |
|---|---|
| Article 209 | State Legislature can regulate by law its procedure for financial business |
| Subject to | Other provisions of the Constitution (esp. financial procedure Articles) |
| Scope | Budget, Appropriation Bills, Supplementary Grants, Money Bills |
| Judicial View | Law under Article 209 must align with constitutional financial provisions |
✅ Conclusion
Article 209 empowers State Legislatures to regulate the internal procedures related to financial business such as budgets and appropriations. However, this power is not unlimited — it must operate within the framework laid out by Articles 202–207 and cannot override constitutional requirements. Courts have upheld this principle and ensured judicial oversight where necessary.
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