Articles 79 to 122 - The Parliament
- Legal Journey
- Oct 28
- 24 min read
The Union
Part V
(Articles 52 to 151)
The Parliament
Chapter II
(Articles 79 to 122)
Table of Contents 💻
Article 79. Constitution of Parliament
- There shall be a Parliament for the Union
- It shall consist of :-
House of People (Lok Sabha) | Council of States (Rajya Sabha) |
Article 80. Composition of the Council of States
Clause (1) - The Council of States shall consist of :-
12 Nominated members by President | NOT more than 238 representing members the States and Union Territories |
Clause (2) - Allocation of seats of the representative members shall be in accordance with the 4th Schedule.
Clause (3) - Nominated members must have special knowledge or practical experience in the field of :-
Literature | Science | Art | Social service |
Clause (4) - Each State representative in the Council of States shall be elected by the elected members of the Legislative Assembly of that particular State with a system of proportional representation by means of single transferable vote and secret ballot system.
Clause (5) - The representatives of the Union Territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe.
Article 81. Composition of the House of the People
The House of People shall consist of :-
NOT more than 530 members directly elected from the States, and | NOT more than 20 members to represent the Union Territories. |
104th Constitutional Amendment Act, 2019
- This Amendment ceased the reservation of seats for the Anglo Indian community both in the Lok Sabha as well as the State Legislative Assemblies.
Article 82. Readjustment after each census
- Each time a census is completed, the distribution of members in the Lok Sabha, among the states, and the division of each State's geographical constituencies must be readjusted by such authority and according to such procedure that the Parliament may by law determine.
- Provided such readjustment shall NOT take place until the dissolution of the existing House of People.
42nd Constitutional Amendment Act, 1976
- It freezed the readjustment of seats till the year 2000.
- The 1971 census was made applicable till then.
84th Constitutional Amendment Act, 2001
- It froze the readjustment of seats in the Lok Sabha till the year 2026.
- The 1971 census is still applicable for allocation of seats (determining the number of seats each state gets) in the Lok Sabha.
- However, by the 87th Constitutional Amendment Act (2003), the division of each State into territorial constituencies has been frozen on the basis of the 2001 census (determining constituency boundaries within states).
- Clarification:
Seat allocation (number of seats per state) - Based on 1971 census; frozen until after 2026.
Constituency boundaries (internal division within states) - Based on 2001 census; redrawn without changing seat numbers.
Article 83. Duration of Houses of Parliament
Clause (1) - It talks about the Council of States (Rajya Sabha).
- It declares that the Rajya Sabha CANNOT be dissolved, Hence it is a permanent body.
- But, 1/3rd of its members retire on the expiration of every 2nd year.
- Hence, members of Rajya Sabha are elected for 6 years.
Clause (2) - It talks about the House of the People (Lok Sabha)
- The normal term for Lok Sabha is 5 years.
- But, it can be dissolved earlier by the President if need be.
- The expiry of the term of 5 years shall operate as dissolution of the House.
- Provided, During the period of National Emergency, the period of Parliament can be extended by 1 year at a time by Parliament by law.
- After the Emergency ceases to operate, the Lok Sabha shall be dissolved within 6 months.
Article 84. Qualification for membership of Parliament
- He shall be a citizen of India.
- Must make and subscribe before the Election Commission an oath or affirmation as provided in the 3rd Schedule.
- For Council of States (Rajya Sabha) - minimum 30 years of age.
- For House of the People (Lok Sabha) - minimum 25 years of age.
- Any other qualification as the Parliament may by law provide.
Article 102. Disqualification for membership
Clause (1) - A member can be disqualified for being a member if he:-
(a) Holds any office of profit.
(b) Is declared to be of unsound mind by a Competent Court.
(c) Is an undischarged insolvent.
(d) Ceases to be a citizen of India.
(e) Disqualified by OR under any law made by the Parliament.
- In exercise of the power under here, the Parliament has enacted the Representation of Peoples Act, 1951.
Office of Profit - It has NOT been defined neither in the Constitution nor in the Representation of People Act.
Jaya Bachchan V. Union of India (2006 SC)
- The Supreme Court in this case held that an office of profit is an office which is capable of yielding a profit or pecuniary gain.
- Nomenclature is NOT important.
- For deciding the question as to whether one is holding office of profit or not, the relevant factor is whether the office is capable of yielding a profit or pecuniary gain and NOT whether the person actually obtained monetary gain.
Clause (2) - Inserted by the 52nd Constitutional Amendment Act, 1985
- A person shall be disqualified from being a member of either House of Parliament if he is so disqualified under the 10th Schedule (defection).
10th Schedule - Disqualification
- It was inserted by the 52nd Constitutional Amendment Act, 1985.
- It provides for the procedure and grounds for disqualification on the grounds of defection.
- The following grounds have been provided for disqualification on the grounds of defection:-
If he voluntarily gives up his membership.
If he votes or abstains from voting, contrary to the direction of his party.
Independent member - joins a political party after being elected.
Nominated member - Joins any political party after the expiration of 6 months.
- Any question regarding disqualification arising out of defection is to be decided by the Presiding officer of the House and it shall be final - Para 6 of the 10th Schedule.
- Para 7 - Bars Jurisdiction of any Court.
Kihoto Hollohan V. Zachillhu (1992 SC)
- Para 7 of the 10th Schedule was struck down.
- The Supreme Court held that the presiding officer of the House deciding any question regarding disqualification exercises judicial powers and acts as a Tribunal and their decision in that capacity are amenable to Judicial Review.
- Hence, Judicial review is possible.
Article 103. Decision on questions as to disqualifications of members
Clause (1) - If a question arises whether a member of either House of Parliament has become subject to any disqualification under Clause (1) of Article 102, then the decision on such a question shall be taken by the President and such decision shall be final.
Clause (2) - President MUST consult the Election Commission for its opinion while taking any decision under Clause (1) and then the President shall act according to such opinion.
Article 101. Vacation of Seats
Clause (1) - No person shall be a member of both the Rajya Sabha and Lok Sabha.
Clause (2) - No person shall be a member of both the Parliament and the State Legislature.
- If a person is elected to both Parliament and House of a State’s Legislature, then their seat in Parliament will expire toward the end of the time period specified in the rules made by the President.
- Unless, the member gives up his seat in the State Legislature.
Clause (3) - If a member of either House of Parliament -
(a) Becomes subject to any disqualification under Article 102, or
(b) Resigns his seat by writing addressed to the Chairman or the Speaker.
- At the point when a resignation is accepted, the seat automatically becomes vacant.
- In sub-clause (b), If the Chairman or Speaker is satisfied that the resignation is involuntary or not genuine, he may dismiss the resignation.
Clause (4) - If any member from either House of Parliament is absent without consent for 60 days, the House will proclaim the seat vacant.
- Provided House adjournment of 4 days or more shall NOT be taken into account in computing the period of 60 days.
Article 99. Oath or affirmation by members
- Every member of either House of Parliament shall take oath before the President of India in accordance with the form set out in the 3rd Schedule.
Article 104. Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified
- A penalty of rupees 500 per day is imposed on any person if he sits or votes and :-
The person has NOT taken oath before the President of India as required under Article 99, or
The person is NOT eligible to sit in the House of Parliament or is subject to disqualifications, or
The person is prohibited under the provisions which the Parliament has made.
Article 93. The Speaker and Deputy Speaker of the House of the people
- The Speaker and the Deputy Speaker are selected by the House of the People from among its members immediately following the first Lok Sabha session.
- Same procedure will be followed when the seat becomes vacant of the Speaker or Deputy Speaker or both.
Article 94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
- It states that a member serving as the Speaker or Deputy Speaker of House of People -
(a) Shall vacate his office if he is NO longer a member of the Lok Sabha,
(b) May resign, if he is Speaker then to Deputy Speaker, and
- If he is Deputy Speaker then to Speaker.
(c) May be removed by a resolution of the House of People passed by a majority of all the then members of the House.
- Provided, No resolution shall be passed without a 14 days Notice.
- Provided further, If the Lok Sabha is dissolved, the Speaker must remain in office until the start of the first meeting of the Lok Sabha, after the dissolution.
Article 95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
Clause (1) - If the office of Speaker is vacant, the Deputy Speaker shall perform the duties.
- If the office of Deputy Speaker is also vacant, such member shall perform the duties as the President may appoint for this purpose.
Clause (2) - If the Speaker is absent, the Deputy Speaker shall act as Speaker.
- If the Deputy Speaker is also absent, such member shall act as Speaker as may be determined by the rules of procedure of the House.
- If such person is also absent, then such other person shall act as Speaker as may be determined by the House
Article 96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
- The Speaker or the Deputy Speaker shall NOT preside while a resolution for their removal from office is under consideration.
- During such consideration, the provisions of clause (2) of Article 95 may apply as the case may be.
Article 97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker
- Shall be such as may be fixed by the Parliament by law.
- Until such a provision is made, it shall be as specified in the Second Schedule.
Article 98. Secretariat of Parliament
- Each House of Parliament shall have a separate secretarial staff.
- But, posts common to both Houses of Parliament can still be made.
- Parliament has the power to regulate the recruitment and the conditions of service of persons selected to join the secretarial staff for any House of the Parliament.
Article 89. The Chairman and Deputy Chairman of the Council of States
Clause (1) - The Vice-President of India shall be ex officio Chairman of the Council of States.
Clause (2) - The Rajya Sabha shall choose a member among them to be the Deputy Chairman.
- In case of any subsequent vacancy, the Rajya Sabha shall choose another member.
Article 90. Vacation and resignation of, and removal from, the office of Deputy Chairman
- A member holding the position of Deputy Chairman of the Council of States :-
(a) Shall vacate his office if he ceases to be a member of the Council of States,
(b) May resign to the Chairman,
(c) May be removed by a resolution of the Council passed by a majority of all the then members of the Council.
- Provided, No resolution shall be passed without a 14 days Notice.
Article 85. Sessions of Parliament, Prorogation and Dissolution
Clause (1) - The President shall from time to time summon either House of Parliament at any time and place he deems appropriate.
- But, NO more than 6 months must pass between the final meeting of one session and the date set for the beginning of the next.
- Hence, between any 2 Parliamentary sessions, a maximum of 6 months may pass.
Clause (2) - The President may,
(a) Prorogue both or just one House;
(b) Dissolve the House of the People.
- Prorogue means ending a session without dissolving it.
- Dissolution means completely ending/terminating the House.
Article 88. Rights of Ministers and Attorney General as respects Houses
Each and every Minister as well as the Attorney General of India is permitted to voice at and take part in :-
The Proceedings of Either House of Parliament;
Any Joint sitting of Houses of Parliament;
Any Parliamentary Committee to which he may be designated a member;
- However, he/she will NOT be allowed to caste a vote during the discussions under this Article.
Article 86. Right of President to address and send messages to Houses
Clause (1) - The President may address either separately or if assembled together, then to both the Houses of Parliament.
- For the purpose of such an address, the President may also require attendance of the members.
Clause (2) - The President may send messages to either House of Parliament, in relation to any bill pending for consideration OR otherwise.
- The House which receives such a message shall consider the matter regarding which the message is sent.
Article 87. Special address by the President
Clause (1) - At the commencement of the first session:-
After each general election to the House of the People; and
At the commencement of the first session of each year.
- The President shall address both Houses of Parliament assembled together, and
- Inform the Parliament of the causes of its summons.
Clause (2) - Rules regulating the procedure of either House shall include provisions for discussion of the matters referred to in the address under Clause (1).
Article 100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
Clause (1) - Unless otherwise provided in the Constitution,
- All the questions in sitting of either Joint sessions of the Houses or any sitting of a particular House shall be determined by a majority of votes of the members present and voting.
- The Presiding officer shall NOT vote in the 1st instance.
- He/she can ONLY vote in case there is an equality of votes.
- His/her vote is only a tie breaker.
Clause (2) - Both Houses of Parliament have the power to function in spite of any member missing.
- The proceedings of the House will be valid even if afterwards it is discovered that a person who is NOT entitled to do so has also participated in the proceeding or voting.
Clause (3) - Quorum will be required to commence a meeting in either House of Parliament.
- Quorum means the minimum number of members required to hold a meeting/session and make decisions thereunder.
- The Quorum for either House of Parliament is 1/10th of the total members of that House.
- This Quorum is fixed until any law is made by the Parliament.
Clause (4) - If there is NO quorum reached during the sitting in the House of Parliament then it is the duty of the Presiding officer to either adjourn the House or suspend the meeting until the quorum has been reached.
Article 105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof
Clause (1) - There shall be freedom of speech in Parliament
But, it is NOT ABSOLUTE.
It is subject to :-
Provisions of this Constitutions, and | Rules and Standing orders which regulate the Proceeding of Parliament. |
Clause (2) - Members of Parliament are made immune from any Court proceedings.
- Such immunity is only in relation to anything said or voted by him in the Parliament or committee.
- In addition to this, any other person who publishes any report, paper, vote or proceeding shall also receive the same immunity.
- Only if he does such publishing by or under the authority of the Parliament.
- Hence, the immunity will NOT apply to the publication of any report of a secret sitting of a House.
Clause (3) - Other powers and privileges shall be such as may be provided by the Parliament by law in case of members of the Parliament and its committees.
Clause (4) - It provides a clarification.
- The aforementioned powers and privileges shall extend to those persons who under this Constitution has a right to speak or otherwise participate in any proceeding of any House of Parliament or committee thereof.
Note - The freedom of speech granted under Articles 105 and 194 is more comprehensive than under Article 19(1)(a) of the Constitution.
- The right under Articles 105 and 194 are independent rights and are NOT subject to restrictions under Article 19(2)
P. V. Narsimha Rao V. State (1998 SC)
- The Supreme Court held that the scope of protection of immunity available to the Members of Parliament (MPs) is quite wide.
- The object of the protection is to enable members to speak their mind in Parliament freely and fearlessly.
- The MPs who had taken bribes and voted in Parliament against no confidence motion brought against the Government were entitled to the Protection of Article 105(2).
- But, the MPs who had given bribes but not voted on the no-confidence motion were NOT entitled to the protection of Article 105(2) and an action could be initiated against them under the relevant law.
Sita Soren V. Union of India (2024 SC)
- The Supreme Court overruled the P. V. Narsimha Rao judgment and held that NO member of Parliament or State Legislatures can claim protection under Article 105 or 194 against prosecution for accepting bribes to vote or speak in the legislature.
Article 106. Salaries and allowances of Members
- As may be determined by Parliament by law.
- Until such provisions are made, it shall be according to as were applicable before the commencement of the Constitution of India.
Legislative Procedure
- The President has the power to summon, prorogue either of the House of Parliament or to dissolve the House of the People under Article 85.
Article 107. Provisions as to introduction and passing of Bills
Clause (1) - A bill may originate in either House of Parliament.
- But this is subject to the provisions of Articles 109 and 117.
- Which provides that a Money bill and other financial bills can ONLY be presented in the House of the People.
Clause (2) - A bill shall NOT pass until and unless it has been passed by both Houses of Parliament.
- The bill has to be argued in both Houses of Parliament, whether without or without amendments and if there are amendments done to the bill, these amendments have to be agreed upon by both Houses of Parliament.
- But this is subject to the provisions of Article 108 and 109.
Clause (3) - If a House of the Parliament is prorogued, any bill pending shall NOT lapse by that reason alone.
Clause (4) - If a bill is pending in the Council of States, and
- It has NOT been passed in the House of the People,
- Then such a bill shall NOT lapse only because the House of the people has been dissolved.
Clause (5) - If a bill is pending in the House of the People, OR
- If it is has been passed by the House of the People and is pending in the Council of States,
- Then such a bill shall lapse if the House of the People has been dissolved.
- But this is subject to Article 108.
Article 108. Joint sitting of both Houses in certain cases
Clause (1) - If after a bill has been passed by one House and it is transmitted to the other House and :-
(a) The Bill is rejected by the other House; OR
(b) The Houses have finally disagreed as to the amendments to be made in the Bill; OR
(c) More than 6 months have passed from the date of the receipt of the Bill by the other House without the bill being passed by it.
- The President MAY notify the Houses of Parliament about his intention to summon them for a Joint meeting for the purpose of deliberation and voting on the Bill.
- But this doesn’t apply if the bill has lapsed because the House of People has been dissolved.
- Also, Joint Meetings CANNOT be held in the case of Money Bill.
Clause (2) - For calculating the period of 6 months, the duration for which the House was prorogued or adjourned for more than 4 days shall NOT be considered.
Clause (3) - When the President notifies his intention for Joint Meeting, neither House shall proceed further with the Bill.
- The Houses shall meet according to the notification issued by the President.
Clause (4) - The decision on any bill in the Joint Meeting is to be made by a majority of all the total number of members of both the Houses present and voting.
- Any bill passed by such majority shall be deemed to have been passed by Both the Houses of Parliament for the purposes of the Constitution.
- Provided that at a joint sitting -
(a) If a Bill had been passed by one House but not by the other and the other House had provided some amendments.
- No new amendments are to be proposed.
- Except for those amendments as may be made necessary due to delay of proceedings.
(b) If the Bill has been so passed and returned.
- Then only such amendments are allowed as aforesaid, and
- Those amendments which are relevant to the matters on which the Houses are not in agreement.
Clause (5) - A bill can be passed under this Article even if the House of the People is dissolved.
- But only if such dissolution took place after the notification of the President notifying his intention to summon a Joint Meeting of the Houses.
Article 118. Rules of procedure
Clause (1) - Each House of Parliament has the power to make rules to regulate its own procedure.
- But, this power is subject to other provisions of this Constitution.
Clause (3) - For the purposes of Joint Sitting, the President has the power to make rules to regulate their procedure.
- But such power is to be used ONLY after consultation with the Chairman and the Speaker.
Clause (4) - In case of Joint Sitting, the Speaker shall be the Presiding officer.
- In his absence, such person shall preside as determined under Clause (3).
Article 119. Regulation by law of procedure in Parliament in relation to financial business
- Parliament may by law, regulate the procedure of either House of Parliament in relation to financial matters.
- This shall be for the purpose of timely completion of financial business.
- If any such provision is made and it is inconsistent with any rules made under Article 118(1) or (2), the provisions made under this Article shall prevail.
Article 110. Definition of “Money Bills”
Clause (1) - A Bill shall be deemed to be a Money Bill if it contains ONLY provisions dealing with all or any of the following matters :-
(a) Any Tax;
(b) Borrowing, Guarantee, Amendment related to financial obligations undertaken or to be undertaken by Government;
(c) Custody of Consolidated Fund or Contingency Fund;
- Payment of money into or withdrawal from such a fund.
- Custody refers to how the money is managed and controlled.
(d) Appropriation of money out of Consolidated Fund of India;
- Appropriation is the act of setting aside money for a specific purpose.
(e) Expenditure charged on Consolidated Fund;
(f) Receipt of Money in the Consolidated Fund of India.
(g) Any matter incidental to any of the aforesaid matters.
Clause (2) - A Bill shall NOT be deemed to be a Money Bill if ONLY:-
- It provides for imposition of fine or other pecuniary penalty, or
- For demand or payment of fees for license or services, or
- If it relates to the regulation of any tax by any local authority for local purposes.
Clause (3) - For every question of whether a Bill is Money Bill or not
- The decision of the Speaker is final.
Clause (4) - The Speaker shall provide a certificate signed by him endorsing a Bill to be a Money Bill.
- Such certificate shall accompany the Bill when it is sent to -
The Council of States under Article 109, and
To the President of India for assent under Article 111.
Article 117. Special provisions as to financial Bills
Clause (1) - Any Bill relating to Clause (1) of Article 110
- Can ONLY be introduced on the recommendation of the President of India, and
- Additionally, such a bill can ONLY be introduced in the House of the People.
- Provided, NO such recommendation is required when the Bill relates to reduction or abolition of any tax.
Clause (2) - A Bill shall NOT be deemed to be a Financial Bill under Clause (1) if ONLY :-
It provides for imposition of fine or other pecuniary penalty, or
For demand or payment of fees for license or services, or
If it relates to the regulation of any tax by any local authority for local purposes.
Clause (3) - A Bill which would involve expenditure from the Consolidated Fund of India.
Shall NOT be passed by either House of the Parliament.
Unless, the Bill has been recommended for consideration by the President of India.
Article 109. Special procedure in respect of Money Bills
Clause (1) - A Money Bill CANNOT be introduced in the Council of States.
- Hence, this is an exception to the general rule under Article 107.
- So, a Money Bill can ONLY be introduced in the House of the People.
Clause (2) - After a Money Bill passes in the House of the People, it shall be passed on to the Council of States for its recommendations.
- The Council of States has at max 14 days from the receipt of the Bill to recommend and return the Bill back to the House of the People.
- The House of the People is NOT bound to accept any recommendations of the Council of States.
- Hence, the House of the People can reject any or all of the recommendations.
Clause (3) - If the House of the People accepts any recommendation.
- Then the Money Bill shall be deemed to have been passed by both Houses.
- With amendments as were recommended by the Council and were also accepted by the House.
Clause (4) - If the House of the People rejects any of the recommendations.
- Then the Money Bill shall be deemed to have been passed by both Houses.
- But, in such form as it was originally passed by the House of the People.
- That is, without any amendments recommended by the Council of States.
Clause (5) - When a Money Bill is passed by the House of the People and is sent to the Council of States for recommendation, and
- 14 days have passed,
- But, the Council of States has NOT returned the Money Bill.
- Then it shall be deemed to have been passed by both the Houses at the expiration of the 14th day.
- In such form as it was passed by the House of the People.
Q) What is the difference between a Money Bill and a Financial Bill?
A) A Money Bill is a specific type of Financial Bill.A Money Bill is narrow in scope and includes ONLY matters provided under Article 110(1) sub-clauses (a) to (f).
- A Financial Bill on the other hand is a Money Bill to which provisions of general legislation are also added in addition to the provisions under Article 110(1).
- Hence, all Money Bills and Financial Bills but all Financial Bills are NOT Money Bills.
Differences and Similarities between Money Bill and Financial Bill
Differences
Money Bill | Financial Bill |
Cannot be amended by the Rajya Sabha | Can be amended by the Rajya Sabha |
Cannot be rejected by the Rajya Sabha | Can be rejected by the Rajya Sabha |
No provision for Joint Sitting in case of DeadLock | Joint Sitting can be held. |
Cannot be returned by the President | Can be returned by the President for reconsideration. |
Similarities
- Both can ONLY originate in the Lok Sabha.
- Neither can be introduced without the recommendation of the President.
Article 111. Assent to Bills
- When a Bill has been passed by both Houses of Parliament.
- It still won’t become a law until the President provides his assent to such a Bill.
- Under this Article, the President may either :-
Give his assent to the Bill, or
Withhold his assent, or
Return the Bill to the House for reconsideration either specifically or in general.
- Provided, when the Bill is returned by the President for reconsideration, the Houses shall reconsider the Bill accordingly.
- If after such reconsideration the Bill is passed again by the House, with or without amendments and is presented to the President.
- The President is bound to give his assent.
- Note - A Money Bill CANNOT be returned by the President for reconsideration.
- “Withhold his assent” basically grants the President the power to veto a Bill.
- But, since the President only acts on the aid and advice of the Council of Ministers, the practicality of such a power is still debatable in the context of the President.
Article 112. Annual Financial Statement
Clause (1) - Every Financial year, The President shall lay before both Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year.
- This is more commonly known as “Budget”
Clause (2) - The estimate is to be shown under two heads :-
(a) The sums charged upon the Consolidated Fund of India by the Constitution of India, and
(b) The sums required to meet other expenditure out of the Consolidated Fund of India.
Clause (3) - The following expenditures are charged on the Consolidated Fund of India:-
(a) The Salary and allowances of the President and other expenditure relating to his office,
(b) The Salaries and allowances of the Presiding officers of both the Houses of Parliament.
(c) Debt charges for which the Government of India is liable,
(d)
Salaries, allowances and pensions to Judges of the Supreme Court,
Pensions to the Judges of the Federal Court,
Pensions to the Judges of the High Courts.
(e) Salary, allowances and pensions to the Comptroller and Auditor-General of India,
(f) Any sums required to satisfy any judgment, decree or award of any Court or Tribunal,
(g) Any other expenditure declared by this Constitution or by Parliament by law to be so charged.
Article 113. Procedure in Parliament with respect to estimates
Clause (1) - The Expenditure which is charged on the Consolidated Fund of India (as per Article 112(2)(a) and Article 112(3)] shall NOT be submitted to the vote of Parliament.
- But, this does NOT restrict the Parliament from having discussions over it.
Clause (2) - With respect to other expenditures [as per Article 112(2)(b)]
- It shall be submitted in the form of demands for grants
- To the House of the People.
- The House of the People shall have power to :-
Assent, or
Refuse to assent,
To any demand, or
- To assent to any demand subject to a reduction of the amount.
Clause (3) - No demand for a grant under Clause (2) shall be made except on the recommendation of the President.
Article 114. Appropriation of Bills
Clause (3) - No money can be withdrawn from the Consolidated Fund of India unless an Appropriation Act is passed.
- But this is subject to Article 115 and 116.
Clause (1) - When a grant has been made by the House of People under Article 113.
- A Bill shall be introduced in the House of the People known as the Appropriation Bill.
- It shall provide for the appropriation out of the Consolidated Fund of India all money required to meet :-
Grants made by the House of the People; and
Expenditure charged on the Consolidated Fund of India.
- But, in NO case can the amount exceed the amount shown in the statement previously laid before Parliament.
Clause (2) - No amendment shall be proposed to the Appropriation Bill which will have the effect of :-
Varying the amount, or
Altering the destination of any grant so made, or
Varying the amount of any expenditure charged on the Consolidated Fund of India.
Article 115. Supplementary, additional or excess grants
Clause (1) - If the amount authorised by the Appropriation Act is found to be insufficient, or
- A need for supplementary or additional expenditure has arisen within the same financial year, or
- If the amount spent is in excess to the amount authorised.
- Then the President shall lay before both the Houses of Parliament another statement showing the relevant estimates as the case may be.
Clause (2) - The Provisions of Article 112, 113 and 114 shall apply accordingly.
Article 116. Votes on account, votes of credit and exceptional grants
Clause (1) - The House of the People shall have power to :-
(a) Make any grant in advance pending the procedure prescribed under Article 113 or the pending of the passing of the Appropriation Bill under Article 114.
(b) Make grants for meeting any unexpected demand upon the resources of India ONLY when on account of the magnitude or the indefinite character of the service, the demand cannot be stated with details ordinarily given in the Budget.
(c) Make an exceptional grant which forms no part of the current service of any financial year.
- The Parliament shall have power to authorise the withdrawal of such amounts.
Clause (2) - Articles 113 and 114 shall apply to all such grants, to any laws passed to give effect to such grants and also to any law made for the authorisation of such appropriation of money to meet such expenditure.
Article 120. Language to be used in Parliament
Clause (1) - Notwithstanding Part XVII, and subject to Article 348 which basically states that unless Parliament makes a law for it, the language for Acts, Bills, etc. is English
- The Business in the Parliament shall be conducted in Hindi or English.
- Provided, The Presiding officer of the relevant House may permit any member who cannot adequately express himself in Hindi or English, to address the House in his mother-tongue.
Clause (2) - Unless the Parliament by law otherwise provides, this Article after 15 years from commencement of the Constitution shall have effect as if the words “or in English” were omitted.
Article 121. Restriction on discussion in Parliament
- It prohibits any discussion on the conduct of any Judge of the Supreme Court or the High Court in the discharge of their duties.
- However, this prohibition does not apply when a resolution is presented to the Parliament for the removal of a Judge.
- The object of this Article is to ensure the independence of the Judiciary.
Article 122. Courts not to inquire into proceedings of Parliament
Clause (1) - The Validity of any proceedings in Parliament shall NOT be called in question on the ground of any alleged irregularity of procedure.
Clause (2) - No officer or member of the Parliament who has authority to regulate the Procedure or the conduct of business or for maintaining order in the House shall be subject to the jurisdiction of the Court in respect of the exercise of such powers.
Frequently Asked Questions
Q) What is a Money Bill?
A) A Money Bill deals solely with matters in Article 110 (1), such as taxation, Consolidated Fund, or public expenditure. It can only be introduced in the Lok Sabha.
Q) Who decides whether a Bill is a Money Bill?
A) The Speaker of the Lok Sabha has the final authority to certify a Bill as a Money Bill (Article 110)
Q) What is an Appropriation Bill?
A) It authorizes the withdrawal of funds from the Consolidated Fund of India to meet government expenses (Article 114).
Q) What is the maximum gap allowed between two sessions of Parliament?
A) No more than six months can pass between two sessions (Article 85).
Q) Can a person be a member of both Houses of Parliament?
A) No, a person cannot be a member of both Houses simultaneously (Article 101).
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