CENTRAL LEGISLATURE—UNION PARLIAMENT

(Article 79 to 122)

Indian Constitution provides There shall be a Parliament for the Union which shall
consists of President and two Houses to be known respectively as the Council of
States and the House of people. The President though cannot be a member of either
House but, he is an integral part of Union Parliament.

Article 79 – Bicameral Legislature—The Union Parliament consists of 2 Houses

i.e. Council of States (Rajya Sabha) and the House of People (Lok Sabha). The
question of a State Legislature to be a bicameral or unicameral Legislature, has
been left for each State to decide for itself.

Merits of a Bicameral Legislature—

In a federal Constitution, the second chamber has been considered to be a

necessity, because it plays an important role in the matter of Legislation. Following
are the merits of having a second House—

i- The second House i.e. the Upper House, is found to be useful because the
senior politician and the statesmen might get an easy access in with it
without undergoing the ordeal of general elections necessary for
membership of Popular House i.e. the House of People. Therefore, the
experience and talent of the elderly politicians is not lost in the country;

ii- The second House acts as a revising House and checks hasty legislations;

iii- Having a second House, it becomes possible to provide representations to

various classes of interests,, unrepresented areas and vulnerable and
marginalized groups;

iv- It is more difficult to corrupt two Houses.

Demerits of Bicameral legislation—

 i- It is criticized to be an unnecessary expenditure of public money, a
political luxury for a poor country like India;

ii- It helps the ruling party to rehabilitate defeated politicians or those, who
cannot be given tickets to contest the elections to lower House. Many
times incompetent persons get elected to the second House and therefore,
efficiency of Legislature is affected;

iii- Rivalry between the two Houses, sometimes, blocks popular measures,
resulting in unnecessary delay in the making of legislation.

CONSTITUTION OF HOUSES OF PARLIAMENT

Article 80—Composition of Rajya Sabha—

A.80 provides, that Rajya Sabha shall consists of the following—

a- 12 members to be nominated by the President from amongst the persons having

special knowledge of practical experience in respect of literature, science, art or
social service. The object behind including the nominated members is to provide
representation to certain non-political interests;

b- Not more than 238 representatives of States and the Union Territories.

Clause (4) of A.80 provides, That the representatives of each State in Rajya Sabha,
shall be elected by the elected members of Legislative Assembly of State in
accordance with the system of proportional representations by means of single
transferrable vote.

The upper House under other Constitution- Distinguished—Under the

Constitution of India, the upper House is known as Council of States (Rajya
Sabha). Under the American Constitution, the upper House is known as Senate. In
England it is called House of Lords. The upper House under all the three
Constitutions is a permanent House, not subject to dissolution. One third of the
members of Rajya Sabha retire every second year, while one half of American
Senate retire every two years. The House of Lords is a body of hereditary peers
who are appointed by the Crown for life. While the members of Rajya Sabha are
elected by indirect election by the elected members of Legislative Assembly of
each State, the members of American Senate are elected by a direct election by
popular vote of the people in their State. The member of House of Lords are
appointed for life. On death of the peer, his eldest son has to become a peer. The
members of the Rajya Sabha as well as the American Senate enjoy a tenure of 6
months.

Article 81--- Composition of the Lok Sabha—

A.81(1) provides that Lok Sabha shall consists of—

a- Not more than 530 members chosen by direct election from territorial
constituencies in the States; and

b- Not more than 20 members to represent the UT chosen in such manner as

Parliament may by law provide.

The above composition is subject to the provisions of A.331. A.331 provides that if
the President is satisfied that Anglo-Indian communit is not adequately represented
in Lok Sabha, he may nominate not more than 2 persons belonging to that
community to the Lok Sabha.

A.81(2) provides that there shall be allotted to each State a number of seats in Lok
Sabha in such manner that the ratio between that number and the population of
State, so far as practicable, is the same for all States. Each State is divided into
territorial constituencies in such manner that the ratio between the population for
each constituency and the number of seats allotted to it, so far as practicable, is the
same throughout the State.

A.81, thus provides for uniformity of representation in the Lok Sabha in two
respects: (a) as between the different States, and (b) as between the different
constituencies in the same State.

The above allocation shall not be applicable for the purpose of allotment of seats to
any State so long as the population of that State does not exceed 6 million. In A.81,
the expression population means the population as ascertained at the last preceding
census of which the relevant figures have been published. The Constitutional 42nd
Amendment Act 1976, added the Explanation by way of Proviso to Clause (3) of
A.81(3) to the effect that the reference 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 as a reference
to the 2001, census.

Article 82—Readjustment of seats after each Census—A.82 provides, that upon

the completion of each Census, the allocation of seats in Lok Sabha to the States
and the divisions of each State into the territorial constituencies shall be readjusted
by such authority and in such manner as Parliament may, by law, determine.

DURATION OF HOUSES OF PARLIAMENT

(Article – 83)

Article 83(1)—Duration of Rajya Sabha—Rajya Sabha is a permanent House

and not subject to dissolution. However as nearly as one-third of its members retire
on the expiration of every second year. (Every second year means after every 2
years).

Article 83(2)—Duration of Lok Sabha—Lok Sabha continues for 5 years from

the date on which it holds its first meeting after being constituted. This period of 5
years may be extended by the Parliament, by law, for a period not exceeding 1 year
at one time, during the period when Proclamation of Emergency made under
A.352, is in operation. However proviso to Clause (2) of A.83 requires that it shall
not be exceeded in any case beyond a period of 6 months from the date of
Proclamation of Emergency has ceased to operate.

Article 84—Qualification for membership of Parliament—

A.84 provides the following qualifications—

(a) He must be a Citizen of India;

(b) He must make and subscribe before some person, authorized in that behalf by
Election Commission, an oath of affirmation according to the form set out for the
purpose in 3rd Schedule to Constitution;

(c) For the membership of Rajya Sabha, he must be not less than 30 years of age
and for the membership of Lok Sabha, he must be not less than 25 years of age;
and

(d) He must possess such other qualifications as may be prescribed in that behalf
by or under any law made by Parliament. In this respect Parliament enacted the
Representation of Peoples Act 1951, S.3 and 4 of the Act require that the person to
be qualified for the membership or parliament must be registered as a voter in any
of the Parliamentary constituencies.

Article 102—Disqualifications for Membership—

A.102(1) provides that a person shall be disqualified for being a member of either
House of Parliament if he incurs any of the following disqualifications—

(a) If he holds any office of profit under the Govt. of India; or the Govt. of any
State, other than any office declared by Parliament, by law, not to disqualify its
holder;

(b) If he is of unsound mind and stands so declared by competent court;

(c) If he an un-discharged insolvent;

(d) If he is not a citizen of India, or has voluntarily acquired the citizenship of a

foreign State, or is under any acknowledgment of allegiance or adherence to a
foreign State; (The term allegiance, adhered and acknowledged came to be
interpreted by Karnataka High Court in DKT Siddhartha V. D. Vijaya Mallaya
AIR 2004 Kant 177- Referring the meaning given by Blackstone, the Debates of
Constituent Assembly and also the companion words, occurring in A.102, the
Court said that allegiance or adherence to a Foreign State meant that “the subject
must have a tie with foreign power in return of which he acknowledges his
obedience or fidelity to the said foreign power akin to relationship of citizen to his
Government”. In the words of Blackstone, the Court said that it meant that “there
exists an express or implied contract between the subject and the foreign power
under which the latter would protect the former who in return demean himself
faithfully).

(e) If he is so disqualified by or under any law made by Parliament, In this respect,

The Representation of Peoples Act 1951, was enacted by the Parliament. The Act
prescribes the following disqualifications—

(i) if he has been convicted or found to have been guilty of any offence or
corruption or illegal practice in an election.

(ii) if he has been convicted by a Court of India for any offence resulting in
imprisonment of 2 or more years.

(iv) if he has any share or interest in a Govt. contract for supply of goods, or for
execution of any work or for the purpose of any service.

(v) if he is a Director or Managing Agent or holds any office of profit in a Govt.

corporation in which the Govt. is holding 25% shares;

(vi) if he has been dismissed from Govt. service for corruption or disloyalty to
State;

None of the above disqualifications, however operate for a period of more

than 6 years.

Office of Profit—

Article, 102(1)(a) declares a person disqualified if he holds office of profit. The

underlying idea beyond his requirement is that the employee should be free from
any pressure from the Govt. so that there is no conflict of interest in the discharge
of his independent duties as an elected person.

The word profit had been used after the word office it shows that not all offences
are disqualified, but only those which gain pecuniary gain as profit other than mere
compensatory allowances to holder of office.
In PA Sangma V. Pranab Mukherjee AIR 2013 SC 372- A Constitutional Bench
of SC, by majority of 3:2, said- In order to be an office of profit, the office must
carry various pecuniary benefits such as providing official accommodation or a
chauffeur driver. In this case, the question was whether the office of Chairmen of
Indian Statistical Institute (ISI) is office of profit under A.58, The Court held that
since no salary nor honorarium or any other benefit was attached to the office in
question, the office did not fall within such offices as disqualify a holder under
A.58.

Article 101—Vacation of seats—No Simultaneous Membership of more than

One House—

A.101(1) provides that no person shall be a member of both Houses of Parliament.

It further says that Parliament, by law, shall make provisions for the vacation, by a
person who is chosen a member of both Houses, of his seat in one House or the
other. The Representation of People Act 1951, enacted by Parliament thus provides
—

(i) If a person is elected to both the Houses of Parliament, he must intimate, within
10 days from the publication of election result in which House he desires to serve.
In default of such intimation within 10 days, his seat in Rajya Sabha shall fall
vacant on the expiry of such period;

(ii) If a sitting member of Rajya Sabha i.e. a person already a member of Rajya
Sabha, is elected to Lok Sabha, he may intimate his choice of House he desires to
serve within 10 days. If he fails to intimate, his seat in Rajya Sabha shall fall
vacant on expiration of 10 days;

(iii) If a sitting member of Lok Sabha is elected to Rajya Sabha, he may intimate
his choice of House he desires to serve within 10 days of his election, in default of
which, his seat in Lok Sabha shall fall vacant on the expiration of 10 days.

Clause (2) of A.101 further provides that no person shall be a member of both the
Houses of Parliament or of State Legislature.
Clause (3) of A.101 provides that a member of a House of Parliament may resign
his seat in that House by addressing to the Presiding Officer of House, his
resignation. On the acceptance of his resignation his seat in that House shall fall
vacant.

Clause (4) of A.101 provides that if for a period of 60 days, a member of either
House of Parliament is without permission of the House, absents from all meetings
of the House, the House may declare his seat vacant.

Decision on question as to Disqualification of Members (A.103)—A.103(1)

provides : “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 A.102, the question shall be referred for the decision of President and his
decision shall be final”.

Clause (2) further says: “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”. The Commission under A.103, is not conferred with
any original jurisdiction, but only advisory.

The question whether a member was disqualified for being a member of

Parliament at the time of election, cannot be referred to the President under A.103.
Such a question can only be raised in an election petition before the Court.

(Article 104)—Penalty for Sitting and Voting as a Member in a House—

Article 104, imposes a penalty of 500 rupees, to be recovered as a debt due to the
Union, on a person in the following cases—

If he sits or votes as a member of either House of Parliament before he has

complied with the requirements of A.99, i.e. before he makes or subscribes an oath
or affirmation in the form set out in the 3 rd schedule of Constitution, before the
President or some person appointed by him, in this behalf. If he sits or votes as a
member, 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.

(Article 106)—Salaries, Allowances and Pension of Member of Parliament—

A.106 provides that the Member of either House of Parliament shall be entitled to
such salaries and allowance as may from time to time, be determined by
Parliament, by law.

OFFICERS OF PARLIAMENT

Rajya Sabha—The Chairman and Deputy Chairman (Articles 89 & 90)—

A.89(1) declares that the Vice President of India shall be ex-officio Chairman of
Rajya Sabha. The Rajya Sabha elects one of its member to be Deputy Chairman.
The Deputy Chairman shall vacate his office if he ceases to be member of Rajya
Sabha. The Deputy Chairman may at any time, resign his office, by writing under
his hand addressed to Chairman. The Deputy Chairman may be removed from his
office by a resolution passed by Rajya Sabha by the majority of all members of
House. However, no resolution for this purpose shall be moved unless at least 14
days notice has been given to intention to move the resolution. There is no
provision for the removal of Chairman as such. He is the ex-officio holder of
office. So long as he is the Vice-President, he shall hold the office of Chairman of
Rajya Sabha.

Articles 91& 92—Deputy Chairman to act as the Chairman :

A.91 provides that while the office of Chairman is vacant, (It would be when the
Vice-President has resigned or been removed or died), or during any period when
the Vice-President is acting as, or discharging the functions of President, the duties
of the office of Chairman shall be performed by the Deputy Chairman. If the office
of Deputy Chairman is also vacant, then the duties shall be performed by such
member of Rajya Sabha as the President may appoint for purpose.

Articles 93,94,95 & 96—Lok Sabha—The Speaker and the Deputy Speaker :

A.93 says that the Lok Sabha shall elect two of its members to be the Speaker and
Deputy Speaker of the House. The Speaker or Deputy Speaker shall vacate his
office if he ceases to be a member of Lok Sabha. The speaker may resign his office
by writing under his hand, addressed to the Deputy Speaker and the Deputy
Speaker may resign his office by addressing his resignation to the Speaker. The
Speaker or Deputy Speaker, as the case may be, may be removed by a resolution
passed by Lok Sabha by majority of all the then members of House. A resolution
for his removal can be moved only after the expiry of a notice of 14 days. While
the office of Speaker is vacant, the duties of office shall be performed by Deputy
Speaker. If the office of Deputy Speaker is also vacant, the duties of the Speaker’s
office shall be performed by such member of Lok Sabha as the President may
appoint for the purpose.

Referring to the office of Speaker, Shri G.V Malvankar said : “In Parliamentary
democracy, the office of Speaker is held in very high esteem and respect…. Once a
person is elected as Speaker, he is expected to be above parties, above politics. In
other words he belongs to all the members or belongs to none.

In words of Shri Jawaharlal Nehru, “The Speaker represents the House. He

represents the dignity of House, the freedom of House and because the House
represents the nation, in a particular way, the Speaker becomes the symbol of
nation’s freedom and liberty.

The Speaker, who is only next to Prime Minister, should be a man of independence
and impartiality, having vast knowledge and he has to have the confidence of all
sections of House. This is possible only when he conducts himself in a non-
partisan manner.

Article 97—Salaries and allowances of the officers of Parliament :

A.97 provides that the salaries and allowances to be paid to the Chairman and
Deputy Chairman of Rajya Sabha and the Speaker and the Deputy Speaker of Lok
Sabha, are fixed by Parliament, by law.
 SECRETRAIT OF PARLIAMENT

(Article 98)

A.98 provides that each House of Parliament shall have a separate secretarial staff.
However, there is no prohibition against the creation of posts common to both
Houses. Until such a law is made, the President may, after consultation with
Speaker of Lok Sabha or Chairman of Rajya Sabha, as the case may be, make rules
for this purpose. Such rules shall have effect subject to the provisions of any law
made by Parliament under this Clause. A.98 was made for maintaining the dignity
of Presiding Officers and the independence of House of Legislature.

SESSIONS OF PARLIAMENT

(Articles 85, 86 and 87)

Article 85(1)—Summoning of Sessions : A.85(1) empowers the President to

summon Sessions of each House of Parliament. However, this right of President is
subjected to the conditions that, there shall be an interval or more than 6 months
between 2 sessions of a House. However, the stipulation of 6 months intervening
period between the 2 sessions is inapplicable to a dissolved House.

A.85 (2)(a)- Prorogation of House : Prorogation of House means the termination

of Session. A prorogation ends a Session. After prorogation, if House is to meet, it
is to be summoned in Session by President. The period between the prorogation of
House and its reassembly in a new Session is termed as “recess”. The power to
prorogue the House is vested with the President under this Clause.

Prorogation and Adjournment Distinguished—Prorogation is different from

adjournment of the House. Adjournment pertains to sitting of House. Adjournment
does not end the Session of House. It merely suspends the sitting of the House.
While the power to prorogue the Session of House is vested in the President, the
power to adjourn the sitting is with the House itself.

Article 85(2)(b)—Dissolution of House :

Dissolution puts an end to the life of House. It terminates the House. It is
sometimes described as Civil death of the House. On dissolution of House, general
elections takes place to constitute a new House. The power to dissolve the House is
with the President.

Article 86-- Right of President to Address the House : A.86(1) provides that the
President may address either House of Parliament or both Houses assembled
together. For this purpose, he may require attendance of the members of the House
or Houses.

Article 87—Special Addresses : A.87(1) requires the President to address both

Houses of Parliament assembled together at two occasions, viz. (1) after each
general election, and (2) at the commencement of first Session of each year.

FUNCTIONS OF PARLIAMENT

The prime function of the Parliament is the making of laws. The other functions
performed by Parliament are :

a- Control of Public Finance : It includes authorization of withdrawal of

moneys from the Consolidate Fund of India; granting of money to Executive
for being spent on public services; imposition of taxes; and authorization of
loans.

b- Control of the Executive : A.75(3) says that Council of Ministers shall be

collectively responsible to Lok Sabha. Thus, Parliament controlling the
Executive, criticizing, supervising administration and influencing Govt.
policies.

c- Removal of certain high Officials : The Parliament is vested with the

power to remove the President by impeachment, the Vice-President, Judges
of SC, Judges of HC, The Chief Election Commissioner, and the
Comptroller and Auditor General of India.

d- Constituent Power/Function : A.368 confers constituent power on the

Parliament. In the exercise of this power. Parliament may amend the
 constitution, by way of addition, variation or repeal any provision of
Constitution.

Article 99 – Oath or Affirmation by Members : A.99 requires that every

member of either House shall before taking his seat, make and subscribe before
President, or some person appointed in that behalf by him, an oath or affirmation,
according to the form set out for purpose in the 3rd Schedule to Constitution. Non-
Compliance of this requirement entails penalty under A.104.

LEGISLATIVE PROCEDURE

a- Introduction of Bill in one of the Houses;

b- When it is passed by that House, the Bill is transmitted to the other House;

c- When the Bill is passed or deemed to have been passed by both the Houses,
it is sent to President for his assent thereto. On his assent, the Bill becomes
law and the legislative procedure is completed;

The legislative procedure is discussed in respect of the following Bills :

a- Ordinary Bill;

b- Money Bill;

c- Financial Bill;

d- Bill involving expenditure from Consolidated Fund of India.

Article107—Ordinary Bill : Bill which is neither a Money Bill nor a Financial

Bill or involving expenditure from Consolidated Fund of India. An Ordinary Bill
may be introduced in either House of Parliament, when passed by the House in
which it is introduced, the Bill is to be transmitted to the other House. When the
other House has also agreed to the Bill, it is said to be passed by both the Houses.
It is then presented to the President for his assent.

The passing of Bill in a House is done through three stages commonly known as
readings : First reading, Second reading, and third reading. At the first stage the
Bill is introduced in the House. No discussions takes place at this stage. Then starts
the consideration stage where the Bill is discussed clause by clause. At this stage
amendments are moved and accepted or rejected. At the third reading stage, brief
general discussion takes place and the Bill is passed. All the three reading stages
are repeated in each House of Parliament.

Article 110—Money Bill : It is that Bill which 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 borrowing of money or the giving of any guarantee by

Govt. of India, or the amendment of law with respect to any financial
obligation undertaken or to be undertaken by Govt. of India;

c- The custody of Consolidated Fund or Contingency Fund of India, the

payments of moneys into or withdrawal of moneys from each or any such
Fund;

d- The appropriation of money out of Consolidated Fund of India;

e- The declaring of any expenditure to the 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 Consolidated Fund of India or the public

account of India or the custody or issue of such money or the audit of
accounts of Union or States; or

g- Any matter incidental to any of the matters specified in sub-clauses (a) to (f).

However, a Bill shall not be deemed to be a Money Bill by reasons only that it
provides for imposition of fines or pecuniary penalties or for the demand or
payment of fees for license or fees for services rendered, or by reasons that it
provides for imposition, abolition, remission, alteration or regulation of any tax by
any local authority or body of local purpose.

A.109 provides for a special procedure for passing of money bills. A Money Bill
can originate only in Lok Sabha. Thus, it cannot be introduced in Rajya Sabha. A
Money Bill cannot be introduced in Lok Sabha without prior recommendation of
President.

When Money Bill is passed by Lok Sabha the speaker shall make an endorsement
on that Bill that the Bill is a Money Bill before it is transmitted to Rajya Sabha. If
the Rajya Sabha passes the Money Bill without making any amendment the Bill is
said to be passed by both the Houses. If Rajya Sabha recommends some
amendments to the Money Bill, it is then returned to the Lok Sabha. If all the
amendments recommended by Rajya Sabha are accepted by Lok Sabha, the Money
Bill is deemed to have been passed by both the Houses.

If all or any of the amendments recommended by Rajya Sabha to the Money Bill
are not accepted by Lok Sabha even then the Money Bill shall be deemed to have
been passed by both Houses. If Rajya Sabha does not return the Money Bill within
a period of 14 days from the date of its receipt in House, without it being passed by
it, The Money Bill shall be deemed to have been passed by both Houses after the
expiration of such period of 14 days. It is thus clear that Rajya Sabha has no
power with respect to the passing of a Money Bill except delaying its passing
for a period of 14 days.

Financial Bill—The Financial Bill is a mixture of an Ordinary Bill and a Money

Bill. It is therefore that Bill, which contains one or more of the subjects mentioned
in Sub-clause (a) to (g) of Clause I of A.110 and also other matters relating to
general legislation. A Financial Bill, like a Money Bill can originate in Lok Sabha.
It cannot be introduced or move in Rajya Sabha, like a Money Bill for the
introduction of Financial Bill in Lok Sabha, prior recommendation of President are
required.
When Financial Bill is passed by Lok Sabha, it is transmitted to Rajya Sabha.
When Rajya Sabha has also passed it, it is then presented to President for his
assent. A Financial Bill cannot be presented to the President for his assent, unless
both the Houses have passed the Bill.

Article 117(3)—A Bill involving Expenditure from Consolidate Fund of India:

It is that Bill which if enacted and brought into operation would involve
expenditure from Consolidated Fund of India. Such a Bill can be introduced like an
Ordinary Bill, in either House of Parliament no prior recommendation of President
are required for introduction of this Bill in the House. However such a Bill cannot
be passed by either House of Parliament unless the President has recommended to
that House the consideration of the Bill. Such a recommendation is required in
each House of Parliament.

Article 108—Deadlock in House of Parliament: It may be noticed that a

deadlock in two Houses of Parliament can result on a non-money Bill, i.e. an
Ordinary Bill, Financial Bill or a Bill involving Expenditure from Consolidated
Fund of India.

There would be a deadlock in two Houses on Bill in following cases—

i- When a Bill passed by the House in which it originated and transmitted to the
other House, is rejected by the other House;

ii- When a Bill, having been passed by House in which it originated is transmitted
to other House , the other House recommends some amendments to that Bill and
all or any of those amendments having being rejected by first House;

iii- When a Bill having been passed by House in which it originated, is transmitted
to other House, the other House does not return the Bill for 6 Months, from the
date of its receipt in House without it being passed by it.

If at the joint sitting of House, the Bill is passed by majority of total number of
members of both Houses, present and voting, it shall be deemed to have been
passed by both Houses. A joint sitting of two Houses shall be held even if the Lok
Sabha has been dissolved, provided that the President had notified his intention to
hold the joint sitting before the dissolution of House takes place. Thus, the
dissolution of Lok Sabha shall have no effect on joint sitting of Houses and Bill
passed at the joint sitting shall be deemed to have been passed by both Houses.

Article 111—Assent to Bills: When a Bill has been passed by both the Houses of
Parliament, it shall be presented to President for his assent. The President may
declare either that he assents to the Bill, or that he withholds his assent therefrom.
With respect to a non-Money Bill, the President has no more option. He may return
a non-Money Bill to the House. If the Bill is again passed by House with or
without amendments, it is to be presented to President for his assent again. A.111
provides that President, then shall not withhold his assent to Bill.

The Constitution does not prescribe any time limit within which the President
should give or withhold his assent to a Bill presented to him. The President may
thus keep the Bill pending with him indefinitely, which may be called as pocket
veto.

PROCEDURE OF FINANCIAL MATTERS

In Financial Matters, the legislative procedure is initiated with the presentation of

Annual Budget in the two Houses of Parliament. Various estimates, the demands
for grants, and the Appropriation Bill are discussed and passed by the Houses.

Article 112—Annual Financial Statement: A.112(1) provides: “The President

shall in respect of every financial year cause to be laid before both the Houses of
Parliament a Statement of Estimated Receipts and Expenditure of Govt. of India
for that year, in this part referred to as the Annual Financial Statement” Annual
Financial Statement is commonly known as Annual Budget.

The estimates of expenditure embodied in the Annual Financial Statement shall

show separately—(a) the sum required to meet expenditure described by
Constitution as expenditure charged upon the Consolidated Fund of India; and (b)
the sums required to meet other expenditure proposed to be made from
Consolidated Fund of India.
Article 112(3)—Expenditure charged upon Consolidated Fund of India: The
essential characteristic of this expenditure is that it is not subjected to vote of
Parliament. The Parliament can neither refuse this expenditure nor reduce it.
However the members of Parliament are not prevented from discussing this
expenditure. The following expenditure has been declared by Constitution as
expenditure charged upon Consolidated Fund of India—

a- The emoluments and allowances of President and other expenditure relating

to his office;

b- The salaries and allowances of the Chairmen and the Deputy Chairman of
the Council of States, and the speaker and deputy speaker of House of
People;

c- The debt charges for which the Govt. 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 pension payable to or in respect of the Judges

of SC;

ii- The Pension payable to or in respect of Judges of Federal Court;

iii- The Pension payable to or in respect of Judges of any High Court;

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 Constitution or by Parliament, by law, to

be so charged.

Article 107—Effect of Adjournment, Prorogation and Dissolution of the

House on a Bill pending therein: Adjournments and Prorogation do not have any
effect on a Bill pending in the House. The House resumes the discussion on that
Bill when it meets after being recalled or re-summoned.
When the Lok Sabha is dissolved, it affects the pending Bill below—

- A Bill which originated in the Lok Sabha and is yet pending therein, During
the pendency of the Bill, the Lok Sabha is dissolved, the Bill shall lapse;

- A Bill which originated in the Lok Sabha, passed by it, transmitted to the
Rajya Sabha and is pending therein. During the pendency of the Bill in
Rajya Sabha, the Lok Sabha is dissolved, the Bill shall lapse;

- A Bill which originated in the Rajya Sabha, passed by it and transmitted to

the Lok Sabha and is pending therein. During the pendency of the Bill in
Lok Sabha, the House is dissolved, the Bill shall lapse;

- A Bill which is originated in Rajya Sabha and yet pending therein, During
the pendency of the Bill in Rajya Sabha, the Lok Sabha is dissolved, the Bill
shall not lapse;

- A Bill passed by both the Houses of Parliament, sent to the President for his
assent. During the pendency of the Bill with the President, the Lok Sabha is
dissolved, the Bill shall not lapse;

- On a Bill (non-Money Bill) deadlock has resulted in the two Houses of

Parliament. Before the President notifies his intention under A.108, to
summon a joint sitting of the two Houses to resolve the deadlock, the Lok
Sabha is dissolved, the Bill shall not lapse;

- In case of deadlock in two Houses of Parliament, the President has notified

his intention under A.108 to hold a joint sitting of the Houses. After such
Notification, the Lok Sabha is dissolved the Bill shall not lapse.

ANTI-DEFECTION LAW (10TH Schedule)

In a representative democracy political parties are an essential concomitant of

elections. Criminalization of politics and role of money in election are serious
causes for failure. The evil of political defections has been a matter of national
concern. If not combated it might undermine the very foundation of our
democracy. With this object on Dec-8, 1967, The Lok Sabha unanimously passed a
resolution for setting up a high level committee consisting of representatives of
political parties and constitutional experts to consider the problem and make
recommendations in this regard. The said Committee on Defection in its report
dated Jan-7, 1969 made certain recommendations for outlawing defections.
Keeping in view these recommendation a Bill was enacted for the purpose, which
was enacted into the Constitution 52nd Amendment Act 1985, which came into
force on March 1, 1985.

The 10th Schedule contains the law relating to political defections. The object was
to ensure loyalty of the legislature to the political party, which sponsored the
candidate of such legislators. These provisions are equally applicable to the
members of either House of Parliament and either House of Legislature of State.
These are discussed below.

1- Paragraph 2 of 10th Schedule provides that a member of a House belonging

to any political party shall be disqualified for being a member of House—

a- If he voluntarily gives up his membership of such political party; or

b- If he votes or abstains from voting in such House contrary to any direction

issued by political party to which he belongs without obtaining the prior
permission of such political party.

2- Clause (2) of Paragraph 2 provides that an independent member (It means

a person elected as a member otherwise than as a candidate set up by any
political party) be disqualified for being a member of the House if he joins
any political party after such election;

3- Clause (3) of Paragraph 2 provides that a nominated member shall be

disqualified for being a member of the House if he joins any political party
after the expiry of 6 months from the date he takes oath as a member of the
House.

Exceptions to (Paragraph 4 and 5)-- Para 4 of 10th Schedule provides that a

member shall not be disqualified for being a member of the House of his original
political party has merged with any other political party and he and any other
members of his original party—

a- Have become members of such other political party or of a new political

party formed by such merger; or

b- Have not accepted the merger and opted to function as a separate group.

Unattached Member—

The Law does not disqualify a member expelled from the Party. In that case the
Presiding Officer of the House has coined a new term unattached so as to
distinguish him from the party members as well as from the independent members.

The Constitutional 91st Amendment Act 2003, has inserted a new Article 361-B
in the Constitution. The new Article debars the member of House of any
Legislature who is disqualified on ground of defection under the 10 th Schedule,
from holding any public office as a Minister or any other remunerative political
post, for duration of the period commencing from the date of his disqualification
till the date on which he contest an election to a House and is declared elected,
whichever is earlier.

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