Parliament
Chapter
II Parliament
Article
79 Constitution of Parliament
There shall be a Parliament
for the Union which shall consists of the President and two Houses to
be known respectively as the Council of States and the House of the
People.
Article
80 Composition of the Council of States -
(1) The
Council of States shall consists 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 and of the Union territories.
(2)
The allocation of seats in the Council of States to be filled by
representatives of the States 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) and clause (1) shall consists 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 in
the Council of States shall be 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 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
(1) Subject
to the provisions of article 331 ,
the House of the People shall consists of - (a) not more than five
hundred and thirty members chosen by direct election from territorial
constituencies in the States, and
(b) not more than 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 ration 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:
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 2000 have been
published, be construed as a reference to the 1971 census.
Article
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 2000 have been published, it
shall not be necessary to readjust the allocation of seats in the
House of the People to the States and the division of each State into
territorial constituencies under this article.
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 five years from
the date appointed for its first meeting and no longer and the
expiration of the said period of 5 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.
Article
84 Qualification for membership of Parliament
A person shall
not be qualified to be chosen to fill a seat in Parliament unless he
-
(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.
Article
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 lasting 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.
Article
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.
Article
87 Special address by the President
(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 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 address.
Article
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 proceeding 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.
Article
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.
Article
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.
Article
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 the
Vice-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.
Article
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.
Article
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.
Article
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:
Provided that no resolution for the
purpose of clause (c) shall be moved unless at least fourteen days'
notice has been 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.
Article
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.
Article
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.
Article
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 make, such salaries and
allowances as are specified in the Second Schedule.
Article
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.
Article
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,
an oath or affirmation according to the form set out for the purpose
in the Third Schedule.
Article
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.
(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.
Article
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 State, and if a person is chosen a member both of
Parliament and of a House of the Legislature of
a State, then,
at the expiration of such period as may be specified in rules made 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 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 it 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.
Article
102 Disqualifications for membership
(1) A person
shall be disqualified for being chosen as, and for being, a member of
either House of Parliament -
(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, or is under
any acknowledgement of allegiance or adherence to a foreign
State;
(e) if he is so disqualified by or under any law made by
Parliament.
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.
(2)
A person shall be disqualified for being a member of either House of
Parliament if he is so disqualified under the Tenth Schedule.
Article
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.
Article
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.
Article
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.
(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,
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.
Article
106 Salaries and allowances of members
Members of either
House of Parliament shall be entitled to receive such salaries and
allowances a 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.
Article
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.
Article
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 lapse 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
lapsed 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
passes by both Houses:
Provided that at a joint sitting -
(a)
if the Bill, having been passed by one House, has not been passed by
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.
Article
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 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.
Article
110 Definition of "Money Bills"
(1) For the
purpose 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: -
(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
declaration 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-clause (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 of 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.
Article
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.
Article
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 expen-diture 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;
(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 a
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 a Governor's Province of the
Dominion of India;
(e) the salary, allowance and pension payable
to or in respect of the Comptroller and Auditor-General of India;
(f)
any sums required to satisfy any judgement, 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.
Article
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 the amount
specified therein.
(3) No demand for a grant shall be made
except on the recommendation of the President.
Article
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 amendments 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.
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 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.
Article
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
Consolidate Fund of India to meet such expenditure.
Article
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, alternation or
regulation of any tax by any local authority or body for local
purpose.
(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.
Article
118 Rules of procedure
(1) Each House of Parliament
may make rules for regulating, subject to the provisions of this
Constitution, its procedure 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 of 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 People,
or in his absence such person as may be determined by rules of
procedure made under clause (3), shall preside.
Article
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.
Article
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.
Article
121 Restriction on discussion in Parliament
No discussion
shall take place in Parliament with respect of 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 herein after
provided.
Article
122 Courts not 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
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.
|