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CHAPTER II.—PARLIAMENT General 79. Constitution of Parliament.—There shall be a Parliament for the Union which shall consist of the Presid...
CHAPTER II.—PARLIAMENT
General
79. Constitution of Parliament.—There shall be a Parliament for the Union which shall consist of the
President and two Houses to be known respectively as the Council of States and the House of the People.
80. Composition of the Council of States.—(1) 2
[
3
*** The Council of States] shall consist of—
(a) twelve members to be nominated by the President in accordance with the provisions of
clause (3); and
(b) not more than two hundred and thirty-eight representatives of the States 4
[and of the Union
territories.]
(2) The allocation of seats in the Council of States to be filled by representatives of the States 4
[and of
the Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth
Schedule.
(3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following,
namely:—
Literature, science, art and social service.
(4) The representatives of each State 1
*** in the Council of States shall be elected by the elected
members of the Legislative Assembly of the State in accordance with the system of proportional
representation by means of the single transferable vote.
(5) The representatives of the 2
[Union territories] in the Council of States shall be chosen in such manner
as Parliament may by law prescribe.
3
[81. Composition of the House of the People.—(1) 4
[Subject to the provisions of article 331 5
***],
the House of the People shall consist of—
(a) not more than 6
[five hundred and thirty members] chosen by direct election from territorial
constituencies in the States, and
(b) not more than 7
[twenty members] to represent the Union territories, chosen in such manner as
Parliament may by law provide.
(2) For the purposes of sub-clause (a) of clause (1),—
(a) there shall be allotted to each State a number of seats in the House of the People in such manner
that the ratio between that number and the population of the State is, so far as practicable, the same for
all States; and
(b) each State shall be divided into territorial constituencies in such manner that the ratio between
the population of each constituency and the number of seats allotted to it is, so far as practicable, the
same throughout the State:
8
[Provided that the provisions of sub-clause (a)of this clause shall not be applicable for the purpose
of allotment of seats in the House of the People to any State so long as the population of that State does
not exceed six millions.]
(3) In this article, the expression ―population‖ means the population as ascertained at the last preceding
census of which the relevant figures have been published:
[Provided that the reference in this clause to the last preceding census of which the relevant figures have
been published shall, until the relevant figures for the first census taken after the year 2
[2026] have been
published, 3
[be construed,—
(i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the
1971 census; and
(ii) for the purposes of sub-clause (b)of clause (2) as a reference to the 4
[2001] census.]
82. Readjustment after each census.—Upon the completion of each census, the allocation of seats in
the House of the People to the States and the division of each State into territorial constituencies shall be
readjusted by such authority and in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect representation in the House of the People until the
dissolution of the then existing House:
Provided further that such readjustment shall take effect from such date as the President may, by order,
specify and until such readjustment takes effect, any election to the House may be held on the basis of the
territorial constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken after the year 5
[2026] have been
published, it shall not be necessary to 6
[readjust—
(i) the allocation of seats in the House of the People to the States as readjusted on the basis of the
1971 census; and
(ii) the division of each State into territorial constituencies as may be readjusted on the basis of the
7
[2001] census,
under this article.]
83. Duration of Houses of Parliament.—(1) The Council of States shall not be subject to dissolution,
but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of
every second year in accordance with the provisions made in that behalf by Parliament by law.
(2) The House of the People, unless sooner dissolved, shall continue for 8
[five years] from the date
appointed for its first meeting and no longer and the expiration of the said period of 8
[five years] shall
operate as a dissolution of the House:
Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by
Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a
period of six months after the Proclamation has ceased to operate.
84. Qualification for membership of Parliament.—A person shall not be qualified to be chosen to fill
a seat in Parliament unless he—
1
[(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by
the Election Commission an oath or affirmation according to the form set out for the purpose in the
Third Schedule;]
(b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case
of a seat in the House of the People, not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made
by Parliament.
2
[85. Sessions of Parliament, prorogation and dissolution.—(1) The President shall from time to time
summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not
intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) The President may from time to time—
(a) prorogue the Houses or either House;
(b) dissolve the House of the People.]
86. Right of President to address and send messages to Houses.—(1) The President may address
either House of Parliament or both Houses assembled together, and for that purpose require the attendance of
members.
(2) The President may send messages to either House of Parliament, whether with respect to a Bill then
pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient
despatch consider any matter required by the message to be taken into consideration.
87. Special address by the President.—(1) At the commencement of 3
[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 Parliament of the causes of
its summons.
(2) Provision shall be made by the rules regulating the procedure of either House for the allotment of
time for discussion of the matters referred to in such address4
***.
88. Rights of Ministers and Attorney-General as respects Houses.—Every Minister and the
Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of,
either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a
member, but shall not by virtue of this article be entitled to vote.
Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of States.—(1) The Vice- President of India
shall be ex officio Chairman of the Council of States.
(2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy
Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof.
90. Vacation and resignation of, and removal from, the office of Deputy Chairman.—A member
holding office as Deputy Chairman of the Council of States—
(a) shall vacate his office if he ceases to be a member of the Council;
(b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council passed by a majority of all the
then members of the Council:
Provided that no resolution for the purpose of clause (c)shall be moved unless at least fourteen days‘
notice has been given of the intention to move the resolution.
91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act
as, Chairman.—(1) While the office of Chairman is vacant, or during any period when theVice-President is
acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy
Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of States as
the President may appoint for the purpose.
(2)During the absence of the Chairman from any sitting of the Council of States the Deputy Chairman, or, if
he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person
is present, such other person as may be determined by the Council, shall act as Chairman.
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from
office is under consideration.—(1) At any sitting of the Council of States, while any resolution for the
removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution
for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall
not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply in relation to
every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the
Deputy Chairman, is absent.
(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the
Council of States while any resolution for the removal of the Vice-President from his office is under
consideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to vote at all
on such resolution or on any other matter during such proceedings.
93. The Speaker and Deputy Speaker of the House of the People.—The House of the People shall, as
soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof
and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another
member to be Speaker or Deputy Speaker, as the case may be.
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.—
A member holding office as Speaker or Deputy Speaker of the House of the People—
(a) shall vacate his office if he ceases to be a member of the House of the People;
(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the
Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the House of the People passed by a majority
of all the then members of the House:
31
THE CONSTITUTION OF INDIA
49
Provided that no resolution for the purpose of clause (c)shall be moved unless at least fourteen
days‘ notice has been given of the intention to move the resolution:
Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate
his office until immediately before the first meeting of the House of the People after the dissolution.
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act
as, Speaker.—(1) While the office of Speaker is vacant, the duties of the office shall be performed by the
Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the
People as the President may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he
is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is
present, such other person as may be determined by the House, shall act as Speaker.
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from
office is under consideration.—(1) At any sitting of the House of the People, while any resolution for the
removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the
removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though
he is present, preside, and the provisions of clause (2) of article 95 shall apply in relation to every such
sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy
Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the
House of the People while any resolution for his removal from office is under consideration in the House and
shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution
or on any other matter during such proceedings but not in the case of an equality of votes.
97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy
Speaker.—There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to
the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be
respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and
allowances as are specified in the Second Schedule.
98. Secretariat of Parliament.—(1) Each House of Parliament shall have a separate secretarial staff:
Provided that nothing in this clause shall be construed as preventing the creation of posts common to
both Houses of Parliament.
(2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed,
to the secretarial staff of either House of Parliament.
(3) Until provision is made by Parliament under clause (2), the President may, after consultation with the
Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make rules
regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the
House of the People or the Council of States, and any rules so made shall have effect subject to the
provisions of any law made under the said clause.
Conduct of Business
99. Oath or affirmation by members.—Every member of either House of Parliament shall, before
taking his seat, make and subscribe before the President, or some person appointed in that behalf by him,
50
an oath or affirmation according to the form set out for the purpose in the Third Schedule.
100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.—(1) Save
as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the
Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker
or person acting as Chairman or Speaker.
The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and
exercise a casting vote in the case of an equality of votes.
(2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership
thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that
some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.
1
[(3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of
Parliament shall be one-tenth of the total number of members of the House.
(4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or
Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a
quorum.]
Disqualifications of Members
101. Vacation of seats.—(1) No person shall be a member of both Houses of Parliament and provision
shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of
his seat in one House or the other.
(2) No person shall be a member both of Parliament and of a House of the Legislature of a State2***, and
if a person is chosen a member both of Parliament and of a House of the Legislature of13
[a State], then, at the
expiration of such period as may be specified in rules4made by the President, that person‘s seat in Parliament
shall become vacant, unless he has previously resigned his seat in the Legislature of the State.
(3) If a member of either House of Parliament—
(a) becomes subject to any of the disqualifications mentioned in 5
[clause (1) or clause (2) of article
102], or
[(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case
may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,]
his seat shall thereupon become vacant:
[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or
otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]
(4) If for a period of sixty days a member of either House of Parliament is without permission of the
House absent from all meetings thereof, the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be taken of any period during
which the House is prorogued or is adjourned for more than four consecutive days.
102. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as, and
for being, a member of either House of Parliament—
1
[(a) if he holds any office of profit under the Government of India or the Government of any State,
other than an office declared by Parliament by law not to disqualify its holder;]
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, oris
under any acknowledgment of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
2
[Explanation.—For the purposes of this clause a person shall not be deemed to hold an office of profit
under the Government of India or the Government of any State by reason only that he is a Minister either for
the Union or for such State.]
3
[(2) A person shall be disqualified for being a member of either House of Parliament if he is so
disqualified under the Tenth Schedule.]
4
[103. Decision on questions as to disqualifications of members.—(1) If any question arises as to
whether a member of either House of Parliament has become subject to any of the disqualifications
mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his
decision shall be final.
(2) Before giving any decision on any such question, the President shall obtain the opinion of the
Election Commission and shall act according to such opinion.]
104. Penalty for sitting and voting before making oath or affirmation under article 99 or when not
qualified or when disqualified.—If a person sits or votes as a member of either House of Parliament before
he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is
disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law
made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five
hundred rupees to be recovered as a debt due to the Union.
Powers, Privileges and Immunities of Parliament and its Members
105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.—(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating
the procedure of Parliament, there shall be freedom of speech in Parliament.
(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any
vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the
publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
1
[(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the
members and the committees of each House, shall be such as may from time to time be defined by
Parliament by law, and, until so defined, 2
[shall be those of that House and of its members and committees
immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act,
1978.]]
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this
Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of
Parliament or any committee thereof as they apply in relation to members of Parliament.
106. Salaries and allowances of members.—Members of either House of Parliament shall be entitled
to receive such salaries and allowances as may from time to time be determined by Parliament by law and,
until provision in that respect is so made, allowances at such rates and upon such conditions as were
immediately before the commencement of this Constitution applicable in the case of members of the
Constituent Assembly of the Dominion of India.
Legislative Procedure
107. Provisions as to introduction and passing of Bills.—(1) Subject to the provisions of articles 109
and 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of
Parliament.
(2) Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed by
the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with
such amendments only as are agreed to by both Houses.
(3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.
(4) A Bill pending in the Council of States which has not been passed by the House of the People shall
not lapse on a dissolution of the House of the People.
(5) A Bill which is pending in the House of the People, or which having been passed by the House of the
People is pending in the Council of States, shall, subject to the provisions of article 108, lapse on a
dissolution of the House of the People.
108. Joint sitting of both Houses in certain cases.—(1) If after a Bill has been passed by one House
and transmitted to the other House—
(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 six months elapse from the date of the reception of the Bill by the other House without
the Bill being passed by it,
the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to
summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:
Provided that nothing in this clause shall apply to a Money Bill.
(2) In reckoning any such period of six months as is referred to in clause (1), no account shall be taken
of any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned
for more than four consecutive days.
(3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a
joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date
of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and,
if he does so, the Houses shall meet accordingly.
(4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint
sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be
deemed for the purposes of this Constitution to have been passed by both Houses:
Provided that at a joint sitting—
(a) if the Bill, having been passed by one House, has not been passed by the other House with
amendments and returned to the House in which it originated, no amendment shall be proposed to the
Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill;
(b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to
the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not
agreed;
and the decision of the person presiding as to the amendments which are admissible under this clause shall be final.
(5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a
dissolution of the House of the People has intervened since the President notified his intention to summon
the Houses to meet therein.
109. Special procedure in respect of Money Bills.—(1) A Money Bill shall not be introduced in the
Council of States.
(2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council
of States for its recommendations and the Council of States shall within a period of fourteen days from the
date of its receipt of the Bill return the Bill to the House of the People with its recommendations and the
House of the People may thereupon either accept or reject all or any of the recommendations of the Council
of States.
(3) If the House of the People accepts any of the recommendations of the Council of States, the Money
Bill shall be deemed to have been passed by both Houses with the amendments recommended by the
Council of States and accepted by the House of the People.
(4) If the House of the People does not accept any of the recommendations of the Council of States, the
Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the
House of the People without any of the amendments recommended by the Council of States.
(5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its
recommendations is not returned to the House of the People within the said period of fourteen days, it shall
be deemed to have been passed by both Houses at the expiration of the said period in the form in which it
was passed by the House of the People.
110. Definition of ―Money Bills‖.—(1) For the purposes of this Chapter, a Bill shall be deemed to be a
Money Bill if it contains only provisions dealing with all or any of the following matters, namely:—
54
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of
India, or the amendment of the law with respect to any financial obligations undertaken or to be
undertaken by the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys
into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of India;
(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or
the increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the public account of India
or the custody or issue of such money or the audit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
(2) A Bill shall not be deemed to be a Money Bill 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) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House
of the People thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under
article 109, and when it is presented to the President for assent under article 111, the certificate of the
Speaker of the House of the People signed by him that it is a Money Bill.
111. Assent to Bills.—When a Bill has been passed by the Houses of Parliament, it shall be presented to
the President, and the President shall declare either that he assents to the Bill, or that he withholds assent
therefrom:
Provided that the President may, as soon as possible after the presentation to him of a Bill for assent,
return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the
Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any
such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall
reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and
presented to the President for assent, the President shall not withhold assent therefrom.
Procedure in Financial Matters
112. Annual financial statement.—(1) The President shall in respect of every financial year cause to be
laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the
Government of India for that year, in this Part referred to as the ―annual financial statement‖.
(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 India; and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of
India,
and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of India—
(a) the emoluments and allowances of the President and other expenditure relating to his office;
55
(b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States
and the Speaker and the Deputy Speaker of the House of the People;
(c) debt charges for which the Government of India 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) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court;
(ii) the pensions payable to or in respect of Judges of the Federal Court;
(iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in
relation to any area included in the territory of India or which at any time before the commencement of
this Constitution exercised jurisdiction in relation to any area included in 1
[a Governor's Province of the
Dominion of India];
(e) the salary, allowances and pension payable to or in respect of the Comptroller and AuditorGeneral of India;
(f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(g) any other expenditure declared by this Constitution or by Parliament by law to be so charged.
113. Procedure in Parliament with respect to estimates.—(1) So much of the estimates as relates to
expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament,
but nothing in this clause shall be construed as preventing the discussion in either House of Parliament 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 House of the People, and the House of the People 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 President.
114. Appropriation Bills.—(1) As soon as may be after the grants under article 113 have been made by
the House of the People, there shall be introduced a Bill to provide for the appropriation out of the
Consolidated Fund of India of all moneys required to meet—
(a) the grants so made by the House of the People; and
(b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the
amount shown in the statement previously laid before Parliament.
(2) No amendment shall be proposed to any such Bill in either House of Parliament 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 India, and the decision of the person presiding as to
whether an amendment is inadmissible under this clause shall be final.
(3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the
Consolidated Fund of India except under appropriation made by law passed in accordance with the
provisions of this article.
115. Supplementary, additional or excess grants.—(1) The President shall—
(a) if the amount authorised by any law made in accordance with the provisions of article 114 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 both the Houses of Parliament another statement showing the estimated amount of
that expenditure or cause to be presented to the House of the People a demand for such excess, as the case
may be.
(2) The provisions of articles 112, 113 and 114 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 India 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 India to meet such expenditure or grant.
116. Votes on account, votes of credit and exceptional grants.—(1) Notwithstanding anything in the
foregoing provisions of this Chapter, the House of the People 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 113 for the voting of such grant and
the passing of the law in accordance with the provisions of article 114 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the resources of India 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 Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund
of India for the purposes for which the said grants are made.
(2) The provisions of articles 113 and 114 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 India to meet such expenditure.
117. 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 110 shall not be introduced or moved
except on the recommendation of the President and a Bill making such provision shall not be introduced in
the Council of States:
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 India shall not be passed by either House of Parliament unless the President has
recommended to that House the consideration of the Bill.
Procedure Generally
118. Rules of procedure.—(1) Each House of Parliament may make rules for regulating, subject to the
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provisions of this Constitution, its procedure 1
*** and the conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and standing orders in force
immediately before the commencement of this Constitution with respect to the Legislature of the Dominion
of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be
made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case
may be.
(3) The President, after consultation with the Chairman of the Council of States and the Speaker of the
House of the People, may make rules as to the procedure with respect to joint sittings of, and
communications between, the two Houses.
(4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such
person as may be determined by rules of procedure made under clause (3), shall preside.
119. Regulation by law of procedure in Parliament in relation to financial business.—Parliament
may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and
the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the
appropriation of moneys out of the Consolidated Fund of India, and, if and so far as any provision of any law
so made is inconsistent with any rule made by a House of Parliament under clause (1) of article 118 or with
any rule or standing order having effect in relation to Parliament under clause (2) of that article, such
provision shall prevail.
120. Language to be used in Parliament.—(1) Notwithstanding anything in Part XVII, but subject to
the provisions of article 348, business in Parliament shall be transacted in Hindi or in English:
Provided that the Chairman of the Council of States or Speaker of the House of the People, or person
acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi
or in English to address the House in his mother-tongue.
(2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of
fifteen years from the commencement of this Constitution, have effect as if the words ―or in English‖ were
omitted therefrom.
121. Restriction on discussion in Parliament.—No discussion shall take place in Parliament with
respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties
except upon a motion for presenting an address to the President praying for the removal of the Judge as
hereinafter provided.
122. Courts not to inquire into proceedings of Parliament.—(1) The validity of any proceedings in
Parliament shall not be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or member of Parliament in whom powers are vested by or under this Constitution for
regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to
the jurisdiction of any court in respect of the exercise by him of those powers.
COMMENTS