The Nature of Article 199 (4) of the Constitution
By
K. C. Joshi
Article 199 (4) of the Constitution reads: ''There shall be endorsed on every Money Bill when it is transmitted to the Legislative Council under Art. 198 1 and when it is presented to the Governor for assent under Art. 200, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill."
In the recent case of State of Punjab v. Sat Pal Dang & Others and State of Punjab v. Dr. Baldev Parkash and Other3,2 the Supreme Court has an occasion to decide the nature of the provision of Art. 199 (4) of the Constitution that is to say whether the certification of a Money Bill by the Speaker of the Legislative Assembly when it is transmitted to the Upper House and when it is presented to the Governor is mandatory or directory.3 The relevant facts were that at the Fourth General Elections Congress won 48 seats in the Legislative Asse ....