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.
India's Parliament is bicameral. The lower House is designated as the House of the people or Lok Sabha and the upper house as the Council of States or Rajya Sabha. The two Houses along with the President constitutes Parliament. All these three organs are essential to the process of legislation by Parliament.
(1) 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 representative 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) 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 science.
(4) The representative of each State 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 representative of the Union territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe.
Rajya Sabha is constituted by indirect elections. Rajya Sabha is designed to fulfil a number of purposes. First. It has been envisaged as a forum to which seasoned and experienced public men might get access without undergoing the din and bustle of a general election which is inevitable for finding a seat in the Lok Sabha. The value of the Upper House, lies in the talent, experience and knowledge which it can harness to the service of the country which might be lost otherwise. Secondly. Rajya Sabha serves as a debating chamber to hold dignified debates and acts as a revising chamber over the Lok Sabha which being a popular chamber, may at times be swayed to act hastily under pressure of public opinion or in the heat of passion of the moment. Lastly. The Rajya Sabha is designed to serve as a chamber where the States of the Union of India are represented as State in keeping with the federal principle.
(1) Subject to the provisions of article 331, the House of the people shall consist 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 purpose 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.
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 in 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 2026 have been published be construed,-
(i) for the purpose 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 2001 census.
Lok Sabha is the popular chamber and is elected directly by the people. Lok Sabha has been organized on practically similar lines as the lower chambers in Britain, U.S.A. Canada and Australia. The House of Commons in Britain, like the Lok Sabha, is elected directly by the People for five years by adult suffrage. All citizens without disabilities have a right to vote and voting is compulsory. Seats in the House are distributed among the States according to population, with a minimum of five to each State.
This article describes the composition of the House of the people. It shall consist of:
(a) not more than 530 members directly elected by the voters,
(b) not more than 20 members to represent the Union territory to be chosen in such manner as Parliament may be law provide, and
(c) not more than two members belonging to the Anglo Indian Community appointed by the President under article 311.
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.
(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 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."
The Council of States is a permanent body, one-third, of its members retires every second year. The House of People runs for five years unless it is sooner dissolved.
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 authorized in that belief 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.
The object of this article is to prescribe qualifications for a person who wants to be a candidate on election. Generally, the rule is that a person who is a voter, becomes entitled to stand as a candidate for election. The qualification for a member of Parliament are that he should:
(a) be a citizen of India,
(b) make and subscribe an oath and affirmation,
(c) be not lest than 30 years of age in the case of Council of States and not less than 25 years of age in case of House of the People,
(d) possessing such other qualification as may be laid down by Parliament.
(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".
(1) Summoning.-
The President shall from time-to-time summon each House of Parliament to meet at such time and place as he thinks fit. The summoning of the House simply means its convocation when its meeting is considered necessary. A session of the Parliament commences from the day it has been summoned to meet by the President. The right of the President to summon a House is subject to the condition that six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
Indira Nehru Gandhi v. Raj Narain, (1975) Supp SCC 1: MANU/SC/0304/1975 : AIR 1975 SC 2299: (1976) 2 SCR 347. The validity of the Constitution (39th Amendment) Act, 1975, was challenged on the ground that the constitution of the House which passed the amendment was illegal. The Supreme Court held that constitution of the House which passed the Constitution (39th Amendment) Act, was not illegal on the ground that a number of members of Parliament of the two Houses were in detention under the preventive detention laws.
(2) Prorogation.-
A prorogation ends a session. Prorogation is the act of terminating a Parliamentary session. The power to prorogue the House is vested in the President. It differs from adjournment because the adjournment does not end the session but suspend the sitting of the House. The power to adjourn the House belongs to the House, but prorogation of a session can be effected by the President alone.
(3) Dissolution.-
Dissolution terminates a House i.e., the life of a House is brought to an end and a general election must then be held to elect a new House of the People. The President has the power to dissolve the House of the People. A dissolution ends the very life of the House while a prorogation ends a session.
(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 dispatch consider any matter required by the message to be taken into consideration.
Article 86 confers on the President the power to issue summons for the ensuing session of Parliament and to address either House of Parliament or both Houses as therein specified. These articles cannot be costrued to confer any right as such on individual members or impose any obligation on them.
(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.
The President's address fulfils two functions. First it underlines responsibility of the Government to Parliament for it consists of the Government's review of the international and internal situation and a statement of its general policy together with an indication of its legislative programme for the ensuing session. Secondly it provides a solemn yet simple ceremony with which the session of a House begins. The practice of the President addressing Parliament has been adopted in India from Britain.
Every Minister and the Attorney-General for 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 or which he may be named a member, but shall not by virtue of this article be entitled to vote.
(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.
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.
(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.
(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 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."
Under the Rule of Procedure of the House, the Chairman enjoys powers to regulate the proceedings of the House similar to those enjoyed by the speaker in relation to the Lok Sabha.
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 the Speaker or Deputy Speaker, as the case may be.
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 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.
(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.
(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 provision 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.
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.
The Speaker is much more than merely a presiding officer of the House. He is the representative and spokesman of the House in its collective capacity and is the chief custodian of its power and privileges.
Kihoto Hallohan v. Zachilhu, MANU/SC/0753/1992 : AIR 1993 SC 412: 1992 AIR SCW 3497: JT 1992 (1) SC 600: (1992) 1 SCR 686: (1992) Supp 2 SCC 651. The office of the Speaker is held in the highest esteem and respect in Parliamentary traditions. The evaluation of the institution of Parliamentary democracy has the pivotal institution of the Speaker. The Speaker holds a high, important and ceremonial office. The speaker is said to be the very embodiment of propriety and impartiality.
Speaker Protem.-According to article 95 when the office of the Speaker as Deputy Speaker is vacant, the duties of the office shall be performed by such member of House who is appointed by the President.
The person so appointed is known as speaker protem. He continues to function till the Speaker is elected by Lok Sabha. The name of the person to be appointed as Speaker protem is suggested by the Prime Minister who may consult his Cabinet before suggesting the name. Normally, the senior-most member of the House is appointed as Speaker protem but there have been certain departure.
(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 secretariat 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 subjects the provisions of any law made under the said clause.
Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or same person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
The election of the Speaker must be preceded by the taking of the oath. To expedite the oath taking in the newly elected House of the People normally the President appoints more than one person from amongst the senior and leading member of that House.
(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."
The quorum of each House of Parliament is one-tenth of the total membership of the House. If at any time there is no quorum, it shall be the duty of the Chairman or the Speaker to adjourn the House to suspend the meeting until there is a quorum.
Article 101 enumerates the situations in which the seat of a member of either House of Parliament becomes vacant. These are the following-
(a) where person is a member of two Houses of legislature/both Houses of Parliament; or Parliament and House of a State Legislature his seat in one of the House is vacated;
(b) if a member of either House of Parliament becomes subject to any of the disqualifications laid down in article 102;
(c) if a member of either House of Parliament resigns his seat;
(d) 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.
(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 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 purpose of this clause, a person shall not be deemed to hold an office of profit under the Government of India or 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.
Office of Profit.-
An office of profit ordinarily means an office capable of yielding some profit to the holder of the office. This disqualification arises when a person-
(a) holds an office,
(b) the office is under the Central or State Government,
(c) the office is one of profit.
The expression 'office of profit' has not been defined in the Constitution. It is, therefore, for the courts to explain the significance and meaning of this concept and decide in the context of specific factual situations whether a person is disqualified or not. Article 102(1)(a) which debars a holder of an office of profit under the government from being elected to a House of Parliament, is that there should not be any conflict between the duties and the interest of an elected member and to see that the elected member carries on his duties freely and fearlessly without being subjected to government pressure.
A similar restriction is imposed by article 191(1)(a) in respect of the membership of the State legislature, article 243F in respect of panchayats and article 243V in respect of municipalities.
Abdul Shakur v. Rikhab Chand, MANU/SC/0074/1957 : AIR 1958 SC 52: 1958 SCA 279: 1958 SCJ 329: 1958 SCR 387. The office of profit must be under the Central or any State Government. For deciding this there are five tests-
(1) Whether Government has power of appointment,
(2) Whether the Government has the right to remove or dismiss the holder of office,
(3) Whether the Government pays the remuneration,
(4) Whether the functions which the holder performs are for government,
(5) Whether the government exercise control over the performance of those functions.
Jaya Bachchan v. Union of India, MANU/SC/2395/2006 : AIR 2006 SC 2119: 2006 AIR SCW 2601: (2006) 5 SCC 266: 2006 (5) SCJ 1: (2006) 5 SCALE 511: 2006 (4) Supreme 378. It was held that the decisive factor in determining whether one is holding an office of profit or not, is whether pecuniary gain is in fact received or receivable in connection with that office. Actual receipt of the pecuniary gain is not necessary.
The court held that an office of profit is an office which is capable of yielding a profit or pecuniary gain. Nature of the payment must be considered as a matter of substantive rather than of form. Nomenclature is not important. In fact, mere use of "honorarium" cannot take the payment out of the purview of profit, if there is pecuniary gain for the recipient payment of honorarium, in addition to daily allowances in the nature of the compensatory allowances, rent free accommodation and chauffeur driven car at State expenses are clearly in the nature remuneration and a source of pecuniary gain and hence constitute profit.
Shibu Soren v. Dayanand Sahay, MANU/SC/0372/2001 : AIR 2001 SC 2583: 2001 AIR SCW 2626: JT 2001 (5) SC 504: MANU/SC/0372/2001 : (2001) 7 SCC 425: 2001 (4) SCJ 338: (2001) 4 SCALE 395: 2001 (5) Supreme 193. An office held under some body distinct from and independent of the Government is not regarded as an office under the Government and so does not attract the disqualification under discussion.... If the government exercise control over the concerned body, the office held under it may or may not be regarded as an office under the Government depending on how much control the Government exercises over it.
Disqualifications under the Representation of People Act, 1951.-Under the Act disqualification are as follows:-
(i) Corrupt practices at an election.
(ii) Conviction for an offence resulting in imprisonment for two or more years.
(iii) Feature to lodge an account for election expenses.
(iv) Having an interest or share in the contract for supply of goods or execution of any work or performance of any service of the government.
(v) Being a director or managing agent or Manager or Secretary in any company or corporation (not being a Co-operative Society) in the capital of which Government has not less than 25% share.
(vi) Dismissal from Government service for corruption or disloyalty to the State.
Kihoto Hallohan v. Zachilhu, MANU/SC/0713/1991 : (1992) 1 SCC 309: MANU/SC/0753/1992 : AIR 1993 SC 412: 1992 AIR SCW 3497: JT 1992 (1) SC 600: (1992) 1 SCR 686: (1992) Supp 2 SCC 651. The Supreme Court has struck down para 7 of the anti-defection law (Tenth Schedule) which provided that the Speaker's decision regarding the disqualification shall be final and no court can examine its validity. The court held that the function of the Speaker, while applying the anti-defection law is like that of a tribunal and therefore is open to judicial review.
(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 11 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.
Election Commission of India v. Saka Venkata Rao, MANU/SC/0060/1953 : AIR 1953 SC 210: 1953 SCA 203: 1953 SCJ 293: 1953 SCR 1144. The words "has become" in article 103 refer to disqualification incurred by the members subsequent to the election. This article does not deal with the disqualifications which arise at the time of the election. The question whether a person is disqualified at the time of election can be decided by the courts.
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.
(1) Subject to the provisions of this Constitution and 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, the 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 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), (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.
Kihoto Hallohan v. Zachilhu, MANU/SC/0713/1991 : (1992) 1 SCC 309: MANU/SC/0753/1992 : AIR 1993 SC 412: 1992 AIR SCW 3497: JT 1992 (1) SC 600: (1992) 1 SCR 686: (1992) Supp 2 SCC 651. The Supreme Court observed, Democracy is a part of the basic structure of the Constitution and free and fair elections with provision for resolution of disputes relating to the same as also for adjudication of those relating to subsequent disqualification by an independent body outside the House are essential features of the democratic system in our Constitution.
The Chairman or Speaker held a pivotal position in the scheme of Parliamentary democracy and are guardians of the rights and privileges of the House. They are expected to and do take for reaching decisions in the functioning of Parliamentary democracy.
(1) Freedom of Speech.-
This article thus gives absolute immunity from courts for anything said within the four walls of the House during the course of proceedings of the House or its committee. It is to be noted that clause (1) of article 105 is expressly made the constitutional restriction on freedom of speech is imposed by article 121. Article 121 prohibits any discussion in Parliament with respect to the conduct of a Judge of the Supreme Court or High Court in discharge of his duties. The freedom of speech is also subject to the rules of procedure of a House made under article 203.
Article 105(1) confers immunity in respect of anything said in Parliament during the sitting of Parliament and in the course of the business in Parliament. Once it is proved that Parliament was in sitting and its business was being transacted, anything said during the course of that business is immune from proceedings in any court.
(2) Right of Publication of Proceedings.-
Article 105(2) expressly declares that no person shall be liable in respect of the publication, by order under the authority of a House of Parliament, of any report, paper, votes or proceedings.
P.V. Narasimha Rao v. State (CBI/SPE), MANU/SC/0293/1998 : AIR 1998 SC 2120: 1998 Cr LJ 2930: 1998 AIR SCW 2001: 1998 (2) Crimes 124: JT 1998 (3) SC 318: (1998) 4 SCC 626: 1998 (1) SCJ 529: (1998) 2 SCR 870: 1998 SCC (Cri) 1108: 1998 (4) Supreme 1. The Supreme Court held that the scope of protection of immunity available to the Members of Parliament is quite wide and is not confined only against judicial proceedings but is available to them against all civil action and criminal proceedings for anything said or any vote given by them in the House of Parliament. The object of the protection is to enable members to speak their mind in Parliament freely and fearlessly.
Other Privileges.-
Originally article 105(3) provided that the privileges of the Houses of Parliament and its members were to be those which were enjoyed by the members of the House of the Commons in England on January 26, 1950 until defined by Parliament by law. Clause (3) as amended by Constitution (42nd Amendment) Act, 1976 sought to provide that they should be such as may be evolved by House from time-to-time but before the amended clause (3) could be enforced.
Under the residuary provision of clause (3) in article 105, the following privileges can be claimed-
(a) Freedom from arrest.
(b) Right to exclude strangers from its proceedings and hold secret sessions.
(c) Right to prohibit publication of its reports and proceedings.
(d) Right to regulate internal proceedings.
(e) Right to punish members or outsiders for contempt.
Pandit M.S.M. Sharma v. Sri Krishna Sinha, MANU/SC/0021/1958 : AIR 1959 SC 395: 1959 SCJ 925: (1959) SCR Supp 1 806. It is observed by the Supreme Court that the privileges are not subject to the provisions of Part III of the Constitution. Freedom of speech under article 105 is different from the freedom of speech and expression under article 19 which is subject to restriction. The right under article 105 is an independent right and is not subject to restriction under clause (2) of article 19.
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.
(A). Ordinary Bills.-
An ordinary Bill i.e., other than a money or a financial Bill, may originate in either House of Parliament. It becomes an act when it is passed by both Houses and is assented to by the President. The procedure for passage of a Bill in a House is contained in the rules of procedure of each House. Usually, a Bill passes through three stages in a House.
(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.
(B). Joint Session of House.-
Article 108 lays down the procedure for resolving deadlocks between the two Houses of Parliament. It will be recalled that the normal rule under article 107 is that every Bill, other than a money Bill, must be agreed to by both Houses. If there is disagreement between the two Houses, the Bill will not be deemed to have been passed, unless it is passed at a joint sitting of the two Houses in accordance with the provisions of this article.
(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 House 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 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 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 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.
Since the commencement of the Constitution, the provision regarding the joint session of the two Houses has been invoked only a few, times. The first joint session of the two Houses was held on may 6 and 9, 1961, to pass the Dowry Prohibition Bill regarding certain provisions of which there were disagreement between the two Houses. Another joint session of the two Houses of Parliament was held on May 16, 1978 to enact the Banking Services Commission (Repeal) Bill. The Bill had earlier been passed by the Lok Sabha but was later rejected by the Rajya Sabha and so a joint session had to be called to override the dead lock. The Bill was approved in joint Session. The third joint session was held on March 26, 2002. The Prevention of Terrorism Bill, 2002 was approved by Lok Sabha by a margin of more than 100 votes but it was defeated in Rajya Sabha by 15 votes. The joint Session was held to break the inter-House deadlock on the Bill and it was passed in the joint session.
(C). Money Bills
From the point of view of Parliamentary procedure, the Constitution distinguished between Money Bill, Financial Bill and an ordinary Bill involving expenditure.
(1) For the purposes of his 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 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 arisis whether a Bill is a Money Bill or not, the decision of the Speaker of the House of 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, 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.
(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 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 of Parliament with 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.
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.
(D). Financial Bill.-
A Bill which makes provisions for any of the matters other than mentioned in article 110(1), is called financial Bill. A financial Bill is thus really a money Bill to which some other matters has also been tagged on.
(1) A Bill or amendment making provision for any of the matters specified in sub-clause (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.
(1) Money Bills are simply a species of Financial Bills. All Money Bills are Financial Bills but all Financial Bills are not Money Bills.
(2) Money Bills are those Bills which deal only with matters specified in sub-clause (a) to (g) of clause (1) of article 110, when any other matter is tagged to it, it becomes Financial Bill.
(3) Clause (3) of 117 mentioned another category of Financial Bill which are in fact ordinary Bills but if enacted and brought into operation they would involve expenditure from the consolidated fund of India.
(4) All Money Bills can be introduced in the House of the People only. But some Financial Bills may be introduced in the Council of States also. For instance, Financial Bills coming under clause (3) of article 117 need not necessarily be introduced in the House of the People.
(5) All Money Bills and Financial Bills dealing with matters enumerated in sub-clauses (a) to (f) of clause (1) of article 110 require prior recommendation of the President before they are moved in the House but Financial Bills coming under clause (3) of article 117 do not require prior recommendation of the President. They can be introduced without President's recommendation but before they are passed recommendation will be necessary.
(6) For passing Money Bills special procedure has been prescribed in article 109 but Financial Bills are passed by procedure prescribed for ordinary Bills.
(7) Money Bills cannot be referred to joint committee of the Houses, the procedure to resolve deadlock prescribed in article 108 applies to them.
Article 112.-
(1) The President shall in respect of every financial year cause to be laid before both 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 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 expenditures relating to his office;
(b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States 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 pension payable to or in respect of Judges of the Federal Court;
(iii) the pension 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 Governor's Province of the Dominion of India;
(e) the salary allowances and pension payable to or in respect of the Comptroller and Auditor-General 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.
So much of the estimates as relates to expenditure charged upon the consolidated fund of India is not to be submitted to vote of Parliament but Houses can discuss these estimates. [article 113(1)].
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. [article 113(2)]. No demand for a grant shall be made except on the recommendation of the President. [article 113(3)].
Appropriation Bill.-
Clause (1) of article 114 provides that 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 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.
Clause (2) provides that 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.
Except in cases mentioned in articles 115 and 116 money can be withdrawn from the consolidated fund of India only under appropriation made by law in accordance with the provisions of article 114.
Supplementary, additional or excess grants.-If amount authorised by appropriation law under article 114 to be expended for a particular service for the current financial year is found insufficient for purposes of that year or need arises for supplementary or additional expenditure during the year on some new service not contemplated in the budget or money has been spent or on any service during a financial year in excess of amount granted for that year, the President shall cause to be laid before both House 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 access, as the case may be. [article 115(1)].
Votes on account.-
According to article 114(3), no money can be withdrawn from the consolidated fund of India except by law for appropriation made in accordance with article 114 but the Government may need money to be spent before such law is passed. In such a situation the House of the People has power to make grants in advance in respect of the estimated expenditure for a part of any financial year pending the formalities of voting of such grants under article 113 and for passing of law under article 114.
Votes on credit.-
Under article 116(1)(b), the House of the People has power to make a grant for meeting an unexpected demand upon resources of India when on account of magnitude or the indefinite character of a service, the demand cannot be stated with details as ordinarily given in the budget.
Exceptional grants.-Under sub-clause (c) of clause (1) of article 116, the House of the People has power to make exceptional grants, which form no part of the current service of any financial year.
Article 116 also empowers Parliament to authorise by law withdrawals of money from the consolidated fund of India for any of the purposes for which House of the People makes grants by votes on account or votes on credit or exceptional grants.
Procedure Generally.-
Article 118 empowers each House of Parliament to makes rules for regulating its procedure and conduct of its business. This rule-making power of the Houses is, however, subject to the provisions of the Constitution. Parliament may for the purpose of the timely completion of financial business, regulate by law the procedure and conduct of business, in each House of Parliament in relation to any financial matter or to any Money Bill (article 119). The business of Parliament shall be transacted in Hindi or in English. However, the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, 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.
(1) Notwithstanding anything in Part XVII, but subjected 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 the Constitution have effect at if the words "or in English" were omitted therefrom.
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.
(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 vested by or under this Constiution 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.
Pandit M.S.M. Sharma v. Dr. Shree Krishna Sinha, AIR 1968 SC 1168: 1959 (Supp) 1 SCR 806: (1961) 1 SCR 96: 1961 (2) SCJ 73: (1961) 2 SCA 582. The Supreme Court has observed, "The validity of the proceedings inside the legislature of a State cannot be called in question on the allegation that the procedure laid down by the law had not been strictly followed........No court can go into these questions which are within the special jurisdiction of the legislature itself, which has the power to conduct its own business".
Parliamentary Financial Committees.-Constitution creates mechanisms for ensuing the Parliamentary control over executive in financial matters. The Lok Sabha has created two committees under its rules.
(a) Public Accounts Committee.-The Public Accounts Committee in India is close replica of the British model. It consists of fifteen members elected by the Lok Sabha every year from amongst its members. A Minister cannot be its member. Seven members of Rajya Sabha are also associated with the committee. A member of the opposition acts as its Chairman.
The committee examines the account showing the appropriation of the sums granted by Parliament for government's expenditure. The committee also examines the accounts of the government corporations and autonomous and semi-autonomous bodies. The committee has power to hear officials or take evidence connected with the accounts under examination. The basic purpose of the committee is to see that the grants made to the various departments are used only for the purposes set out in the estimates. The committee thus review the transactions of the departments after the Budget has been executed with a view to ensure that money is spent as Parliament intended, and that no waste or extravagance or losses occur in expenditure.
(b) Estimate Committee.-
The Estimate Committee consists of 30 members elected by Lok Sabha for one year from amongst its members. A Minister cannot be its member. Unlike the Public Accounts Committee, members of Rajya Sabha are not associated with the Estimates Committee.
The committee is authorised to take evidence connected with the estimate under examination. The committee, like its counterpart in Britain, examines the details of the estimates presented to Lok Sabha in the Budget with a view to secure economy and efficiency in administration, but it does not go so much into the policy which is regarded as government's responsibility.
(c) Other Parliamentary Committee.-
Under its rules of procedure and conduct of business, each House has instituted an elaborate committee system with a view to better organize its work and discharge its functions effectively. The committee system helps in conserving the time of the House, increasing expertise and enables the House to exert some control over the Government. Lok Sabha has the following committees-
(i) Committee on Private Members Bills and Resolutions.
(ii) Committee on Petitions.
(iii) Committee on Public Accounts.
(iv) Committee on Estimates.
(v) Committee on Leave of Absence from Sitting of the House.
(vi) Committee of Privilege.
(vii) Committee of Subordinate Legislation.
(viii) Business Advisory Committee.
(ix) Committee on Government Assurances.
(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.
(2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, 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.
(3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule:
Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment.
(4) The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office.
(5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General.
(6) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the Consolidated Fund of India.
The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively.
The accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the Comptroller and Auditor-General of India, prescribe.
(1) The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament.
(2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State.
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