Document 7

Commencement, Repeal &
Revival of Statute
• The term Commencement means the day on
which the Act comes in to force.
Usually in UK:-
-In U.K the rule is that if the language of a
Statute clearly provides that the statute is to
come in to force on a particular date it will
come in to force at the 1st moment of that day.
(i.e. to say immediately after “ZERO HOURS”
on that day.
• Where no particular time of commencement of a
statute if provided it shall come in to force after
its title, the date of its passing and receiving the
royal assent.
• Where the Act is o expire shortly and a bill has
been passed to continue the Act, but it receives
the royal assent after the Ac has expired.
• The continued Act will be deemed to have come
in to force on the date of the expiration , even
though no person can be punished under the Act
which has expired.
In India
• Sec 3 ( 13) of the General Clauses Act, 1897
says that Commencement used with reference
to an Act or Regulation shall mean he day on

which it has come in to force.
• This Act does not insist on publication of a
statute to come in o force, it comes in to force
immediately after the Zero hour on that
particular date on which it has expressed to
come in to force.
• If no particular day or date of commencement is
mentioned :-
1. A statute comes in to force at the first moment
of the day the assent of president is received.(
i.e to say at zero hour on the date of assent)
2. Before the commencement of the constitution
in India :- the statute comes in to effect once it
gets the assent of the Governor General.
Sec 20 of the General Clauses Act :- if by any
central Act or regulation , a power to issue any
order, scheme,rule,form or bye law is
conferred, they shall have the same acts
expressions in the conferring and conferred
Acts will have same meaning ( normally it is
presumed hat these will take effect from date
of their publication in official gazette.
State Acts :-as far state governments are concerned
many states in India have their own “ General
Clauses Act” and rules and there in govern he
commencement of the respective state Acts
- For Eg: G.C Act of U.P, Bihar, M.P, Orissa provide
that where no specific date of commencement of

a statute is provided, it shall come in to force on
the day it receives the assent of the Governor of
the state.
• G.C Acts of some states provide that a statute
will come in to force where no specific date
has been provided , it comes in to force on he
date of publication of a statute in official
gazette after receiving assent of the Governor.
• Basis of this rule :-
a) That a statute commences from the date it
receives the assent of the president or
governor of state.
b) That Acts are passed through the discussions
on the floor of the parliament or the state
legislatures where representatives of the
people are present and participating in the
discussions.
But :-
a. Where orders or notifications are issued by
administrative bodies under a statute
normally, It is presumed that these will take
effect from the date of their publication in
the Gazette.
Sec 20 of G.C Act, 1897 :-
a) Where by any central Act or regulation a power
to issue any notification,order,scheme,rule or
form, bye-law
b) The expression used in the notification, order, if
it is made after the commencement of Act shall
unless there is repugnant in the subject it will
have same meanings as in the Act or regulations
conferring powers.
Sec 22 :-Where by any Central Act or regulation
which is not to come in to force immediately on
the passing there of,
- A power is conferred to make rules or bye laws
orders with respect to the establishments of any
court, appointment of judges.
- Than the power may be exercised at any time
after the passing the Act or regulation
- But rules,orders,bye laws so made shall not take
till commencement of the Act
• Sec 29 :- States that the provision of this Act
respecting he construction of
Acts,regulations,rules or bye-laws made after
the commencement of Act shall not affect the
construction or any act,regulation,orders
made before the commencement.
Case Laws :-
1. Harilal v State of Rajasthan
- That the rule :- in absence of a specified date
mentioned by the statute of its commencement. It
will come in to force from he day the assent of
president, governor of state is received
- Because it may cause hardship to the people even

though normally the govt does not take much time to
publish a statute once it has received the assent.
- The hardship can be mitigated if the commencement
of a statute is preserved from date of its publication in
the official gazette.
2. A.K Ray v UOI
- The SC observed that where an Act empowers
the government to bring or any of is
provisions in to operation on any day which it
deems fit.
- No court can issue “ Writ of Mandamus” with
a view to compel government to bring the
same in operation on a particular day.
3. In Altmesh Rein v UOI
- It was held that, when sufficient time has
elapsed since the Act has been passed, and
government has not brought in to operation
- The court through writ can direct the
government to consider the question as to
when should the same begin to operate.
- The court cannot compel government to apply
to any particular state or locality.
Meaning :-
- In General, the term Repeal means to revoke,
abrogate or cancel.
- But in the Context of law, it means to abolish
Statutes. Repeal of the Statutes means abolition
of the law, and once if any statute is abolished :-
a. Then it is considered void and possess no

effects
- In addition ,there is no basic difference between
amendment and repeal. Both used for stating a
similar expression that is the substitution or
omission or addition.
Definition :-
1. Halsbury Laws of England :- the term repeal
stands for revoking and abolishing an act
and all its effects which cause it to cease to
be a part of the statutes of books or body of
law.
2. Black’s Law Dictionary :the term repeal
means a legislative act which abrogates or
obliterates an existing statute
- Repeal may takes place in an Act or Statute in
whole or in part, “ Either Expressly or
Impliedly”.
- Thus the statute frequently states that certain
prior statutory provisions are thereby
repealed.
 There exists 2 types of statutes :
a. Temporary statute
b. Perpetual statute
- Temporary statute tend to have effects for a
specific period of time.
- They have no effects after the expiry of the
specific period.
- But permanent statutes is the one which

remains effectively
 It is substituted or repealed by the legislative act.
 The power of to repeal a statute is conferred to
the legislature is similar to the powers it has for
the enactment of a statute.
 For eg :- The companies Act,2013 repealed the
companies Act, 1956 ,and the Cr.Pc Act, 1973
repealed the previous Criminal Procedure Code.
Etc.
 Both the union and the state legislature are
empowered with such power however they are
restricted to delegate the power of repealing.
Sec 6 of he General Clauses Act, 1897 :
connotes abrogation of statute by another
from the statute book completely as if had
never been passed.
If an act is repealed” it must be considered”
except as to transactions past and closed) as
if it had never existed
- To bring necessary changes in the existing
law for changing socio- economic and
cultural conditions from time to time.
- To remove the outdated or obsolete matter
form the body of law.
- To excise dead matter from the statute
book and to reduce its volume.
- Having imparted the amendments to the main

Acts, those Acts have served their purpose
and have no further reasons for their
existence.
- To remove the inconsistencies.
Kinds of Repeal :-
1. Express Repeal :- In Ambala Ex Service men
T Co-operative Society v Punjab State
- The use of any particular form is not
necessary, but all that is necessary is that
words used show an intention to abrogate
the act in question
- Generally the words “is” or hereby repealed
 Or
 Shall cease to have effect is used by the
legislature to repeal he previous statute with
the latest one.
 If when a portion of the act should have to be
repealed than generally the words “ shall be
omitted” will be used by the legislature.
 In Shambu Dayal v State of U.P
- It was held that the amending Act of 49 of
1964 Which substituted new sections 8 & 9 in
the prevention of the Food & Adulteration
Act, 1954 has not effect of repealing the
original sections 8 & 9 and
- Therefore the appointment of food inspector
under the original sections 9 continued.

- The legislature some time does not
enumerate the acts sought to be repealed and
says that :-
- All provisions inconsistent with this act are
hereby repealed.
- There will be no correspondence and
therefore no repeal, where the 2 acts are
substantially of different scope.
- But if the act extended covers the entire
subject of earlier act and deals with other
subjects.
- He earlier acts will still be a corresponding
act and stand repealed.
- It is also possible that these may be partial
correspondence resulting in partial repeal.
Essential features that constitute express
repeal
- The first and foremost feature is that there
must be repealing statute.
- The earlier statute must be repealed by the
new enacting or repealing statute.
- The enacted statute must have clear intention
showing the effect of the repeal.
-.
 So it is understood that nay earlier statute or
provision of the statute showing
incompatibility with the previous one.
In R v Longmead
- In this case it was held that the legislature in
order to pass a repeal or continue any statute
is not restricted to use precise form of words.
2. Implied Repeal :-
- The term implied means implicit or hinted.
- When a statute becomes obsolete and it is
inferred that it is no longer and shall be
repealed with the newly enacted statute than
this process of repealing is called implied
repeal.
- For eg :-if we enter a bus, it is intended that
we must buy a ticket. It is implied.
 Similarly, if these arises any inconsistency in
the statute and due to certain circumstances
it becomes necessary to repeal the statute
with the new one through such situation is
not expressly stated.
 Then it is implicit for the implication of
repeal.
 In the case of implied repeal, the burden lies
over the person who asserted the implication
of repeal.
 It is also been mentioned that if the newly
enacted statute shows no clear intention or is
inconsistent with the provisions of the earlier
act, then such an assertion or presumption is
rebutted and the act of repeal is done by
inferring necessary implications.

- This is a concept in constitutional theory
which sates that where an act of parliament
conflicts with in earlier one, the later acts
takes precedence and the conflicting parts of
the earlier ac is repealed.
- This is used in Latin phrase:
Leges Posteriores priores contrarias abrogant (
more recent law over writes earlier law that
say differently
- There is presumption against a repeal by
implication and the reason of this rule is
based on the theory that :
a. Legislature while enacting a law has a
complete knowledge of the existing laws on
the same subject matter and therefore
b.)
When it does not provide repealing provision, it
gives out an intention not to repeal the
existing legislation.
- It is further strengthened on the principle “
Expressio Unius Est Exclusio Alteris” ( The
express mention of one thing excludes all
other.
 Section 26 of the General Clauses Act,1987
defines :
a. Where an act or omission constitutes an
offence under 2 or more enactments----

than the offender shall be prosecuted and
punished under either or any of those
enactments.
b. But shall not be punished twice for the same
offence under article 20 (2) of constitution –
Double Jeopardy.
Cases of repeal by necessary implications :
- Hence a statute is repealed by implication in
the following case, namely :-
a. If its provisions are plainly repugnant to
those of the subsequent statute
b. If he entire subject matter of the first is
taken away by the second.
The Supreme Court held that :-
a. the court was unable to accept the
contention that there was
 Harshad Mehta v State of Maharashtra
- The question arose was whether a special
judge holds pardoning power if not
prescribed in the general legislative.
-.
 Issue :- a) whether inconsistency between the
general act and the special legislation lead to
implied power
Issue :- a) whether inconsistency between the
general act and the special legislation lead to
implied power any implied repeal.

a. It also held that it is not possible to accept
that It was intended by necessary implication
that the special court under the Act shall not
have the power to grant pardon.
b. Both acts are different ( no question of
inconsistency)
- There is an assertion against the repeal by
implication
- The reason for making or enacting the law
has full legislature while making or enacting
the law has full knowledge about the current
laws on the subject matters.
- If the legislature has no provision regarding
the repeal of the statute then it is asserted
that the legislature has no intention to repeal
the existing statute.
1. Municipal Council, Palari v T.J Joseph
- In this case , it was held that if an act or
provision enacted is inconsistent form he act
previously enacted and one of the acts must
be obliterated.
- The presumption in this case rebutted and
the implied repeal is inferred.
- For the implied repeal, the following points
taken in to consideration :
a. Whether the previously enacted laws are in
direct contradiction to the later enacted
laws.
b. The conflict between the laws is of such a
nature ha cant be resolved and
reconciliation, between the laws is not
possible.
c. Whether the newly enacted act is not
consistent with the previously enacted act
and one has to be obliterated.
d. When both the laws are of such a nature that
occupy and deals with the field.
2. In Ratanlal Adukia v Union of India
- In this case , the SC held that the doctrine of
implied repeal is loosely based on the
statement that the legislature assumed the
current state of the law.
- Did not intend to generate any vagueness by
retaining the conflicting provisions.
 The court while implicating this doctrine
examines the nature and scope of the 2
enactments by giving effect to the legislative
intent.
3. Damji v LIC
- In the instant case it was held that section
446 embedded under the companies
Act,1956 is a general provision .
-.
- whereas the section 15 and 41 enshrined
under the LIC act ,1956 are special provision.
- so there exists a difference and the

companies court is not competent or have
jurisdiction over the matters which falls under
the ambit of insurance Corporation Act,1956.
Repeal by Desuetude :-
- There are certain acts which possess the
nature of permanent statute but remains
inoperative or ineffective for a long period of
time.
- As they are not applied or by taken in to
consideration by the court for a long period
of time.
- Due to this the statute loses its recognition
due to its non applicability.
- Such disobedience of act is known as “ Repeal
by Desueude”.
In Municipal Corporation, Pune & another v
Bharath forage Co. Ltd & others .
- In the instant case, the following doctrine of
Desuetude was highly criticised :
- As it was assumed that:-
- That the perpetrators or the accused who
have committed certain crimes and are
punished for violation of certain laws or
statute which has become ineffective can be
protected and escape their criminal liability.
Consequences of Repeal :-
1. In Respect of common law :-

- Common law is known as the law made by the Judge.
- It contains he following effect regarding the repeal of the
statute:
a. 1st effect : is that the Statute repealed is abolished and
obliterated and becomes dead for all the purposes.
b. All the rights created and enshrined under the repealed
act is removed.
c. The repealed portions gets resuscitate if the repealing act
is repealed by the new subsequent ac and such an act
shows is intentions.
- During the pendency of a case , if statute or
Act is repealed, all transactions under it closed,
even though it had begun when the repealed
statute was in force.
- A Statute that is repealed is completely
obliterated. It is as if it had never been enacted.
- Except the proceedings which were commenced
,prosecuted and brought to a finality before the
repeal, no other proceeding under the repealed
statute can be commenced or continued after the
repeal.
2. General consequences of Repeal :
- A newly enacted law repudiate the existing
one.
- The statute after getting repeals becomes
ineffective .
- Except for a saving clause, each and every
part of the statute is considered
unconsitutional.
- In order to validate a transaction made under
a repealed statute, the law can retrospectively
amend the statute even after it is obliterated.
- The statute which has been repealed is called
repealed statute.
- The statute which replaces the earlier statute
is called repealing statute.
3. Repealing of the Statute under Sec 6 of the
General Clauses Act:-
Unless a different intention appears, the
repealed statute will not
1. Affect the provisions operation of any statute,
so repealed or anything duly done or suffered
there under.
2. Affect any penalty, forfeiture or punishment
incurred in respect of any offence committed
against any enactment so repealed.
3. Will no revive anything not in force or existing at
the time at which repeal takes effect.
4. Affect any right,privilege,obligation or liability
acquired accrued or incurred under any
enactment so repealed.
5. Affect any investigation, legal proceeding or
remedy in respect of any such right, privilege,
obligation ,penalty may be imposed as if the
repealing Act, or Regulation had not been
passed.
 Sec 6 of G.C Act applies to all types of repeals
the section applies whether the repeal :-
 A) Express }Partial & Entire
 B) Implied }
 Or to whether it be repeal simplifier or repeal
accompanied by fresh legislation.
 This section also applies whether a temporary
statute is repealed before its expiry, but it has no
application when such a statute is not repealed
but comes an end by expiry.
Case Laws :-
1. Tika Ramji v State of U.P ( Parliament case )
- The question of the power of the parliament
under Article 254 ( 2) of the constitution to
repeal a state law was involved.
SC Held :-
- That power to repeal belongs to parliament and
it cannot be delegated to an executive authority
such power of parliament is subject to certain
limitations.
2. Jindas Oil Mill v Gondhra Electricity Company
( vested right case )
- When rights vest in someone under statute,
the rights continue to be vested in him even
though the statute is repealed and replaced
by another.
- Unless, a new statute clearly provides by
express language or by necessary implication
tha such would not be the case.

3. Vinod Gurudas Raikar v National Insurance
Co. Ltd
- Motor Vehicles Accident took place in the
year when MVC Act 1939 was in force
- But the claim petition was filed after the Act
was repealed by MVC Act, 1988.
SC held :-
- Question of condo nation of delay must be
governed by the new law.
- and therefore delay of more than 6 months
from the date of accident cannot be
Condoned.
One of the important general principles
of Interpretation.
i.e : the Statute must be read as whole.
It means all the parts of the statute must
be taken together while construing a
statute.
The whole instrument must be viewed
and compared it all its parts.
So that every part of It may be made
consisent and effectual .
The statute must be read as a whole &
every provision in the statute must be
construed with reference to “ Context”(
the whole form which passage is quoted
& other clauses in statute.
The idea is o make a Consistent

Enactment of the whole statute and for
this the context and other provisions are
important considerstioms
 The court should not carry too far a
construction of a provision with the help of
other provisions and should do so only
when it feels the legislative might must have
intended.
 The same word may mean one thing in one
context and another in different context
 And even the same word used in different
sections of a statute or even when used at
different places in the same clause or
section of a statute may bear different
meanings.
While making contextual interpretation :-
a) the roots of the parts
b) Foilage of the present
c) The seeds of the future
the court must find out true legislative
intention.
A Statute is best interpreted when we
know why it was enacted
 Suppose if doubt arises in the minds of
courts that legislature might not have
intended,
 It shall be enough ground for it to hold that
the legislature did not so intend.

 The whole context must be viewed.
 In all cases the scheme of the Act as a whole
should be a guiding factor.
 Similarly a word used in the same section
more than once will have the same meaning
normally.
But some times :-
a. Compelling reasons ( for not
interpreting a particular section in the
light of another section ).
 No particular phrase of a statute is to be
detached form its context.
 It is called as the Rule of Contextual
Interpretation.
 Legislative Intention must be gathered.
 Each phrase must, section, provision should
be read as a whole.
 An attempt can be made by the courts to
Reconcile Provisions.
 Harmonious construction of the provisions
can be made by the court to the words used
in the statute.
The duty of the court is to administer the
law and not to legislate it .
Each act should be looked by itself.
The statute should be read as it is , and
not to supply any lacuna or defect in the
legislation
Case Laws :-
1. In Ram Narain v State of U.P
(Circumstances & Property Case)
- The Appellants “ Circumstances' &
Property” were taxed under Sec 14(1)
(f) of the U.P Towns Areas Act.
Appellants Contention was :
1. Even though he was carrying on
business in town area .
2. He was not living in it
- Therefore he could not be taxed.
The SC Rejected the contention saying that
:-
- While interpreting a particular statute , it
is essential to keep the whole scheme of
the statute.
- And so interpreting it becomes clear that
residence with in town area is not an
essential condition for imposition of tax
on circumstances & property
- Because circumstances means one status
& financial position which include
income from trade.
2. In Poppatlal Singh v State of Madras
( Title and Preamble Case)
- The SC observed that :
a) It is settled rule of construction that to

ascertain the legislative intention
b) All the constituent parts of the statute
are to be taken together and each words
and each word, phrase or sentence is to
be considered in the light of the general
purpose and object of the Act itself.
The Title & Preamble whatever their
value might be as aids to the
construction of a statute undoubtedly
throw light on the intent and design of the
legislature & indicate the scope and
purpose of the legisalture.
3. Bhavnagar University v Palitana Sugar Mills
Pvt Ltd
SC Observed:
1. The basic principle of construction of
statute hat the same should be read as a
whole :
2. Section by section
3. Word by word
4. When there is ambiguity, inconsistency
therein and not otherwise.
4. In News papers Limited v State Industrial
Tribunal
- The Appellant dismissed one of their
typist employee
- On an intervention by the U.P Working
Journalists union with which the

dismissed employee had no connection
- The matter was referred to Industrial
Tribunal
SC held :
- Reference bad on the ground that it was
not industrial dispute.
- Of which the dismissed employee was a
workmen of employers.
- It was held that Industrial Dispute Act as
a whole should be read while
interpreting the constituent parts of it .
5. In Gurmej Singh v Pratap Singh
- The Respondents election was
challenged by the Appellant under
section 123(7) of the Representation of
the People Act, 1951.
- Use of corrupt practices by him, because
“village headmen” or “ Lambardars”
were appointed by him as his “Polling”
and “Counting Agents”.
- The law at hat time was that “ Revenue
Officers” including “ Village
Accountants” were not entitled to assist in
the election process even though other
village officers could
SC held :
1. While interpreting one enactment or
statute, all parts of the statute should be

kept in mind.
2. So construed, the legislature had
distinguished 2 kinds of officers.
a. Revenue officers : which include village
accountants also
b. Other village officers
- So now “ village headmen or lambardars”
were either “ revenue officers” nor “
Village Accountants”
- Than they fell in the 2nd category of
“other village officers”.
- And they were not barred from assisting
in the election in such a capacity.
 Who is Beneficiary :- the person who gets
some profit or advantage is called
beneficiary.
 Beneficial Construction :-is an interpretation
to secure remedy to the victim who is
unjustly denied of relief.
Eg- EPF, ESI, Maternity Benefit Act,1961.
2. Provision of bail in Cr.pc
 The interpretation of the statute should be
done in such a way that the mischief is
suppressed and remedy is advanced.
 Beneficial construction involves the widest
meaning possible to the statute.
 When 2 or more possible ways of
interpretation to a section or a word: the

meaning which gives relief and protects the
benefits which are purported to be given by
the legislation should be chosen.
 Al though the beneficial legislation receive
liberal construction, the courts must try to
remain with in the scheme and not extend
the benefit to those not covered by the
scheme.
 Beneficial construction is a tendency and not
a rule.
 There is no set of principles that the
beneficial legislation should always be
retrospectively operated, until such
legislation is expressly or by necessary
implication not made retrospective.
 Further the rule of interpretation can only be
resorted to without doing any violence to the
language of the statute.
 Legislative intention
 If 2 interpretations are possible , the court
,must lean tot eh interpretation which
provides the benefit.
 When multiple meanings are possible, the
court shall pick the beneficial one.
 Salus populi est suprema lex– welfare of the
people
 Liberal construction
 Wider interpretation
 It should be adopted which would advance
the object and purpose of the Act.
 If the language of the statute fails to achieve
the legislative intention, an extended
meaning could be taken by court and only if
language is fairly acceptable.
 tendency– to be fair , accommodating and
just – not as a rule
1. B . Shah v P.O, Labour Court ( Maternity
Case )
 B.C was applied to Sec 5 Of the Maternity
Benefit Act, 1961.
 Sec 5 :- Provides that the employer liable
to pay the maternity benefit to women
worker at the rate of average daily wage
for the period of her actual absence
immediately preceding and including the
day of her delivery.
 And 6 weeks immediately following that day.
 The question arose was whether Sundays
must also be included
 The court held that :- Sundays must be
included and act was intended to not only
subsist but also making up for her dissipated
energy and take care of her child.
 The Act must also read in the light of Art 42.
2. Baldev Sahai Bangai v R C Bhasin ( Tenant

case )
 Mr X took the permises on rent on May 12,
1961 at a monthly rent of Rs95/-
 At the time when the tenancy started, the
tenant was living in the tenanted house with
his father, mother, 2 sisters and brother.
 The tenant himself was a bachelor, but
married subsequently.
 In 1971, the tenant went to Canada with his wife
and children , got employment and didn’t return
to India.
 While leaving for Canada, the tenant had left his
mother, brother in the house who was regularly
paying rent to the landlord.
 The landlord filed an application for ejectment
of the tenant on the ground of sec 14 and
pleaded that with the exit of the tenant from
the house , it became vacant and his mother and
brother who were left behind could not be
treated as members of the family
 Hence in the eye of law the tenanted
premises must be deemed to have fallen
vacant.
 The SC held :-
1. The word family has to be given liberal
meaning, so as to include head of the
family and all members or descendants
form the common ancestors who were
actually living in the same head and not

restrictive meaning.
 Blood relations doesn’t just evaporate becoz
leaves of his house hold and goes
3. Sudesh Kumar v State of Uttarkhand
 Accused has committed a crime when he was
less than 21 years of age.
 He was later convicted when he attained the age
of 21
 Can he entitled under sec 6 of Probation of
offenders Act, 1958
 Sec 6 :- is to see that young offenders are not
sent to jail for the commission of less serious
offences mentioned there in becoz of grave sick
to their attitude to life. Which they are likely to
exposed as a result of their close association
with the hardened criminals who may happen to
the inmates of the Jail
 Sc held ;-
1. Even the birth of the accused is held to be
less than 21 yrs of age as alleged by him in
petition.
2. But on the date of delivery of judgment of
conviction and sentence by the additional
district and Sessions judge , he was no
more than 21 yrs of age and thus he was
not entitled to benefit under sec 6 of the
P.O Act, 1958

 Union of India v Prabhakaran Vijay
1. Liberal construction to sec 123 of the
Railways Act, 1989.
2. Sec 123 :- Untoward accident to include
accidental falling of a passenger from a
train carrying passengers.
3. The question was untoward accident will
cover the instance of a passenger who fell
down and died while trying to board the
train
 In deciding the case
1. The court held that there are couple of
interpretations of accidental falling – first one
applies only when the person is inside the
train.
2. Second one include a situation where a person
is trying to board the train and falls down
3. The relevant provision was deemed a
beneficial piece of legislation and hence
received liberal and wider interpretations and
hence the definition was expanded to include a
passenger who fell off the train in the process
of boarding it.
Legal Fiction
- It is also called as “ Deeming Provision”.
- When the statute enacts that something would be deemed to have
be done.
- But which in fact and truth was not done.
- The court is entitled and bound to ascertain for what purposes and
between what persons the “Statutory Fiction” is to be resorted.
- A Legal fiction is a device by which law deliberately departs from the
truth of things for some reasons.
Meaning
• Legal Fiction is a fact assumed or created by the courts which is their
used in order to help reach a decision or to apply a legal rule.
• The concept is used almost exclusively in common law jurisdiction
particularly in England.
• Legal fiction is created in the provisions of an enactment by using the
terms “ Is deemed”.
• The “Deeming Provision” is meant for the purpose of assuming the “
Existence of fact/facts which do not really exist.
• In certain enactments, legal fiction may be created even without
using the word “Deemed”.
• The court must ascertain for what purpose the “ Legal Fiction is
created.
• In this connection, the court has to assume all facts and
consequences which are incidental for giving effect to the fiction.
1. A legal fiction cannot be extended by importing another “ Legal
fiction”.
2. A Legal Fiction enacted by using the words :-
For purposes of this Act is normally restricted to that Act and cant be
extended to cover another Act.
3. In interpreting the fiction, the facts and consequences are not be
extended beyond the purpose for which it is created.
4. A Legal fiction may be created by “ Supreme” or “ Subordinate
Legislation”.
6. It is based on Maxim “ Delegates Potest Non Poteste Delegare” ( the
delegated power cannot be further delegated.
7. Equity is the life of “ Legal Fiction”.
Case Laws
1. Avtar Singh v State of Punjab ( Electricity Theft Case)
2. Bengal Immunity Co. Ltd v State of Bihar
- Supreme Court held that
- Legal Fiction should not be extended beyond its legitimate limits.
3. New India Assurance Co. Ltd v Complete Insulations Pvt Ltd.
Supreme Court held that :
a. Legal Fiction created under Sec 157 of MVC Act, 1988
b. Sec 157 provides for the transfer of vehicles.
c. The transfer of third party , insurance is deemed to have been
effected from the seller to buyer ( though, in fact and truth ,such
transfer of insurance has not been effected from seller to buyer.
 Strict Construction is that which refers to
expand the law by implications or Equitable
Constructions.
 And confers its operation to cases which are
clearly with in the spirit or reason.
 With regard to penal statutes :-
1. Strict Construction means that such statutes
are to reach no further in meaning than this
words.
 Eg :- IPC 1860 is the most important Statute
which define certain other acts as offences

and also prescribes punishments for such
offences.
 Strictly speaking these statutes are not equal
to IPC, however they are also treated as penal
statutes.
 Examples of the other statutes which certain
penal provisions are given :-
1. The Essential Commodities Act, 1965.
2. The Prevention of Food Adulteration Act,
1955.
3. MVC Act, 1988
4. Environmental Protection Act, 1986.
 Maxwell Explains that the Strict Construction
of the Penal Statutes manifest itself in 4
ways:-
1. Express Language
2. Legislature must explain the elements of
offence.
3. Punishments.
4. Jurisdiction and the Procedure.
 A clear language is needed to create a crime,
and a statute enacting an offence of imposing
penalty is strictly construed. ( Shyam Sundar v
State of Hariyana).
 Unless the words of a statute clearly made an
act criminal, it shall not be construed as
criminal.
 If any ambiguity in the word arises which set

out the elements of an act or omission
declared to be an offence.
 And it s doubtful whether that act or
omission in question in the case falls with in
the statutory words the ambiguity will
resolved in favor of the person changed.
 Before sentencing the accused
1. The court is bound to see that all
requirements i.e procedural and jurisdictional
have been complied.
 In case of doubts, the benefit has to go to the
accused
 even up to the extent of acquitting him even
on some technical ground.
 Penal provisions cannot be extended by
implication to a particular cases or
circumstances.
 No presumption that a crime has been
construction committed.
 Penal statutes could usually be given
prospective effect.
 Punishment could be imposed only when the
conduct of the accused falls clearly with in
the letter of law.
 If there are 2 reasonable construction
A:- One favoring the accused
B :- One against the accused ( the court must
lean to the construction which favors the

accused)
 No extension of the meaning of the words is
permissible.
 If the language of the statute is plain and
clear effect must be given by the court,
irrespective of the consequences.
 This rule is not universal application
 No liberal construction.
 Men’s Rea in Statutory Offences
- This has been expressed in the well known
maxim “Actus non facit reum nisi mens sit rea”.
- This means Act and Intention together make
a crime .
- Mens Rea is a state of mind in a Human
Being crimes involving mens rea are of two
types:-
- A. Crimes of basic intent.
- B. Crimes of specific intent.
a. Crimes of basic intent, mens rea does not
go beyond the actus reus while
b. Crimes of specific intent , mens rea goes
beyond the contemplation of the prohibited
act, and foresight of its consequences and
has a purposive element.
c. Mens rea refers to the criminality of the act.
d. It may mean different things in relation to
different types of crimes.

- Actus Rea and Mens rea means the conduct
of the accused and his state of mind at the
time of committing the crime.
- Where offences under the act are really acts
prohibited by the police powers of the state
in the interest of public health and well-being
and prohibition is backed by the sanction of
a penalty.
- The offences are strictly statutory offences
and intention or mental state is irrelevant.
- Such acts prescribe a strict liability and thus in
such acts establishing mens rea is not needed.
- Vicarious Liability and Statutory offences
- In Hira Lal Hari Lal Bhagwati v Central Bureau of
Investigation ( 2003).
- The Supreme Court stated that unless statutorily
provided , there is no vicarious liability under
penal law.
- Criminal liability flows from authorization and
not simply from the relationship of master and
servant
 Men's Rea in statutory offences
Case Laws:
1. Virtual Soft Systems Ltd v Commissioner of
I.T ( 2007)
- It was observed that Sec 271 , Income Tax
Act, 1961 is a penal provision and there are
well established principles for the
interpretation of such a penal provision.

- Such a provision has to be construed strictly
and narrowly and not widely.
- the statute creating the penalty is the first
and the last consideration and must be
construed with in the term and language of
the particular statute.
2. W. H King v Republic of India ( Tenancy
Case)
- In this case it was observed that a statute
which creates an offence and imposes a
penalty of cine and imprisonment must be
strictly construed in favor of subject.
- Because relinquishment of the tenancy as
required under the Act ( Bombay Rents,
Hotels & Lodging Houses Rates ( Control) Act,
1977.
- That no person can be put in peril of his life
and liberty on an ambiguity, is well
established.
3. M.V Joshi v M.U Shimpi ( Butter Case)
- The Appellant was convicted under Sec 16 of
the prevention of Food Adulteration Act,
1954 for selling adulterated Butter.
Appellant Contention :
- It was not butter with in the meaning of the
rules made under the Act because
- Butter means butter made from milk, where

as he sold butter made from curd.
- The Supreme Court held :
a. Rejected the contention of the Appellant an
held
b. In the present case, the word butter is clear
and these cannot be two meaning of it.
c. Therefore interpreting in favor of the
accused does not arise.
d. Butter is Butter, whether it is made from
milk or curd.
e. Appellant has to be convicted as the
intention of legislature is clear from the
language it has used and there is no room for
doubts.
4. Appasaheb v Maharashtra ( 2007) ( Dowry
Case)
- The Supreme Court held that :
a. A Demand for money on account of some
financial stringency or for meeting some
urgent domestic expenses or for purchasing
manure cannot be termed as a demand for
dowry as the said word is normally understood.
- Definition of Dowry in the Dowry Prohibition
Act, 1961 means giving and taking of
property or valuable security must have some
connection with the marriage of the parties
which is absent in the present case.

- In view of the above, the conviction of the
appellant under Sec 304- B of IPC for dowry
death, was set aside.
5. In Kishan Chand v State of Haryana ( 2013)
( Information Case)
- The Supreme Court ruled with respect to
sections 42, 50 & 57 of the Narcotic Drugs &
Psychotropic Substances Act, 1985 that pre
search requirement of recording information
received and sending it to superior officer
demands:
- a. Exact and definite compliance as opposed
to substantial compliance.
b. Penal provisions providing harsher
punishments and with clear intendments of
definite compliance need to be strictly
construed.
c. Protections provided under sections 42, 50
& 57 are distinct and neither interlinked nor
interdependent and compliance with one does
not dispense compliance with other .
Social Political and Economic
developments and Scientific
Inventions
 The laws are enacted for the present and
future needs and to provide the necessary
remedies removing mischief's.
 In majority occasions , the legislature

anticipates the mischief's and accordingly
provides remedies.
 Since the middle of the 18th century, science
and technology have been developing at a
rapid speed.
 Especially in the 20th century the science
and technology have developed in
majority of the countries, most of the
important statutes were brought in 19th
century.
 Political systems were also drastically
changed.
 Social, political and economic
developments and scientific inventions are
on going process.
 The economic status improves with
passage of time new scientific inventions
keep coming.
 In the language of the law enacted by the
legislature the words are used with a
connotation of that time when law was
passed.
 The law is enacted to cater to the social
needs for a long time to come.
 Therefore strict adherence to that
meaning of a words cause inconvenience.

The court is bound to construed a
statute in such a manner so as to remove
hardships and make the law effective and
workable.
Case laws
1.In M/s J.K Cotton Spinning and Weaving Mills
Ltd v UOI
- The Supreme court observed in modern
progressive society, it would be unreasonable
to confine the intention of the legislature to
the meaning attributable to the word used at
the time when the law was passed and
unless a contrary intention appears, an
interpretation should be given to the words
used to be taken in new facts and situations.
- If the words are capable of comprehending
them.
Social Development
 Man is the social animal society forms
with the men.
 The customs, laws, family, life, life styles
etc all change from time to time.
 Law is an instrument of social change and
it changes according to the social
circumstances.
 Case laws :
1. In Shah Bano’s Case

-The supreme court upheld the applicability
of sec 125 Cr.pc to Muslim wives and the
grant of maintenance to Muslim wives.
- The entire Muslim community felt that
by the supreme court decisions, Sec 125
over rides the Muslim personal law.
- And the Muslim Women( Protection of
Rights on Divorce) Act, 1986 was
enacted which takes away that right and
any Muslim wife who files an application
under this section.
- The court should consider social
background.
2. In Comdel Commodities Ltd v Siporex Trade
- It was observed that when a change in
social conditions produces a novel situation,
which was not in contemplation at the time
when a statute is 1st enacted, there can be
no prior assumption that the enactment
does not apply to the new circumstances.
- If the language of the enactment is wide
enough to extend the circumstances, there
is no reason why it should not apply.
Political Development
- Though England has been a democratic country
and supremacy of parliament has been prevailing
from the last several countries, having king, or
queen as nominal rule, they ruled India as a

source of exploitation.
- The independent democratic government came
in to existence and it adopted the constitution
of India.
- Now the courts has to interpret all the statutes
with the background of constitution.
Case Laws :-
1. In State of Punjab v Sodhi Sukhdev Singh
- The SC observed :
- It may be that when the Act was passed
the concept of Grammatical functions and
their extent was limited and so was the
concept of the words “ affairs of the state
correspondingly limited, but as is often
said.
- Words are not static vehicles of ideas or
concept.
- The change of courts attitude in political
matters is reflected in cases of
environmental law, torts, Human Rights
and particularly constitutional law etc.
Economic Development
 The disciples of economic and law grow
side by side and they cannot be separable
.they are complimentary with each other.
 Therefore economics preceded the law
first the concept of the property arose in
the human beings when it was needed to

protect the sights of the possessors and
owners of the property.
 Law is also a science which belongs to social
sciences. both of them belong to one group.
but having different aims and purposes.
 Law plays an important role in regularizing
the economies in every country. Legislators
are empowered to make appropriate laws
regulating, demolishing or introducing new
laws and policies for the improvement of
economics.
 The concept of property , ownership,
possession and consumption of the goods
and services are explained in the economics.
 At the same time , law also imposes certain
guidelines for the proper utilization of such
properties.
 The philosophy of social welfare and justice
is basis of law and it is not different form
that economic rationales.
 Therefore while giving the decisions in
several environmental cases the supreme
court stressed on sustainable development.
Scientific Inventions
 The court may interpret a statute having
regard to those circumstances which
were non existent and the situations

which were unknown at the time of its
passing.
 Court is also free to apply current
meaning of the statute to present day
conditions
 Subsequent social, political and economic
developments and scientific inventions are
considered by the courts and it is in this
view that the approach of the court on
the same question differs.
Case Laws
1. Kashmir Singh v Union of India
- It was held that the courts while
construing an ongoing statute must take
into consideration the changes in the
societal condition.
- The courts should also take in to
consideration development in science
and technology.
2. In Senior Electric Inspector v
Laxminarayan Chopra
- In certain circumstances, general
language originally designed to apply to
an earlier technology may also be applied
to later developed technology.
In this case :
- Telephone was not invented till 1869
when the “ Telegraph Acts,1863 and 1869
were enacted.
- Despite this fact, the word” telegraph”
employed in Telegraph Acts, 1863 and
1869 has been held to include telephone
also.
3. In Nandlal wasudeo Badwaik v Lata
Nandlal Badwaik
- The question related to ‘ admissibility of
modern technology” providing for
possibility of proof of fact which was not
available at the time when the statute
was enacted.
 The Apex Court interpreted section 112
of the Evidence Act, 1872 in light of fact
that DNA tests can provide conclusive
proof of paternity.
- It was held that the intent of justice is
best served by ascertaining the truth and
the court should be furnished with the
best available science and may not be
left to blank upon presumptions, unless
science and may not be left to blank
upon presumptions, unless science has
no answer to the facts in issue.
4. Suresh Jindal v Bres Rajdhani Power Ltd

- The Apex Court held that creative
interpretation to be adopted to give
effect to benefits of new technological
Advancement.
Perpetual & Temporary statute
Explain Perpetual and Temporary Statutes ? What are
the effects of expiry of a temporary statute
Perpetual Statute ( Permanent Statute )
- A Statute becomes perpetual when no time
has been fixed for its duration, and such a
statute remains in force until it is repealed
either by express provision or by implication.
- A perpetual statute does not mean it cannot be
repealed, but it is perpetual because it is not
abrogated by passage of time or because of
non usage.
• Imp points :-
1. When no time has been fixed for duration.
2. Remains in force until it is repealed.
3. Does not mean it cannot be repealed.
4. It is perpetual because it is not abrogated
with a passage of time or due to non usage.
Temporary Statute :-
- A Statute is temporary when its duration is
specified and it expires on the expiry of the

specified time unless it is repealed earlier.
- If the purpose of the statute is temporary, the
statute cannot be regarded as temporary
when no fixed period is specified for its
duration.
- After a temporary statute expires , it cannot
be made effective by merely amending the
same.
- Revival of a temporary statute can be done
only by re- enacting a statute in similar terms
or by enacting a statute stating that the
expired Act is herewith revived.
Important Points :-
1. The duration is fixed.
2. Expires when duration is completed even
without repeal.
3. Purpose of the statute may be temporary but
effect need not be temporary.
4. Once expires cannot be made effective by mere
amendment.
5. Can be revived only by re-enact or by enacting a
statute expressly reviving it.
Effects of Expiry of Temporary Statute
• Sec 6 of the General Clauses Act, 1897 is not
applicable to expiry of the temporary statute
as this is limited to repeals.
• The effect of the expiry statute depends upon

the construction of the Act.
The effects can be classified under the
following heads :-
1. Legal proceedings under expired statute.
2. Notification, orders, rules, made under
temporary statute.
3. Expiry does not make the statute dead for all
purposes
4. Repeal by a Temporary Statute.
1. Legal Proceedings under Expired Statute :-
• A question of often arises in connection with
legal proceedings in relation to matters
connected with a temporary Act, whether they
can be continued or initiated after the Act has
expired.
• It again dependant upon the construction of the
Act as a whole.
• The legislature very often enacts in the
temporary Act a saving provision similar in effect
to sec 6 of the General Clauses Act, 1897
• But in absence of such a provision, the normal
rule is that proceeding taken against a person
under a temporary statute comes to an end as
soon as the statute expires.
• A person therefore cannot be prosecuted and
convicted for an offence against the Act after its

expiration in the absence of saving provision and
• If prosecution has not ended before the date of
the expiry of the Act, It will automatically
terminate as result of the termination of the Ac
2. Notification ,orders, rules etc made under
temporary statute
• Trust Mai Lacchini Sialkoti Biradari v Amritsar
improvement Trust
1. The Petitioner was facing detention under a
temporary statute relating to Preventive
detention the statute got expired but some of
is provisions were reenacted.
• Issue :- Will detention automatically come to
an end on the expiry of the statute
• SC held ;-
1. When a temporary statute expires, the
normal rule is that any notification ,order,
scheme rule form or bye laws made or issued
under the Act will also come to an end with he
expiry of the Act.
• And it will be not be continued even if the
provisions of the expired statute were enacted
• Reason is Sec 24 of the G.C Act 1897
Sec 24 :- Pertaining to continuation of orders etc
issued under enactment repealed and re
enacted does not apply to such statute
3. Expiry does not make the statute dead for all

purposes
• But a temporary statute even in the absence of a
saving provision like Sec 6 of the General Clauses
Act, 1897 is not dead for all purposes.
• the nature of the right and obligation resulting
from the provisions of temporary Act and their
characters may have to be regarded in
determining whether the said right or obligation
is enduring or not.
• Thus a person who has been prosecuted and
sentenced during he continuance of
temporary Ac for violating its provisions
cannot be released before he serves out of his
sentence.
• Even if the temporary Act expires before the
expiry of full period of the sentence
Main Points :-
1. Temporary statute not dead for all purposes
even if there is no saving clause.
2. Nature of right/obligation is to be examined
whether it is enduring or not.
3. Person prosecuted and sentenced under the
temporary statute when it was in force,
cannot be released before completion of his
sentence even if statute expires.
In Steavenson v Oliver
- Every person who held a commission or
warrant as surgeon or assistant surgeon

became entitled o practice as an apothecary
with out having passed the usual examination
- This statute was temporary & expired on 1st
August 1826
- Issue :- Shall the provisions of the expired
statute be still operative.
• The court Held :-
- I was held that a person who had acquired a
right to practice as an apothecary under the
Act without passing the usual examination
was not deprived of that right on expiration of
such statute
- Main points
1. A person acquired a right to practice as
surgeon without passing the manual exam
2. The statute was temporary and expired
3. Will the provisions under the expired statute
still be operative
4. Person who had acquired the right was not
deprived of it even if the statute expired.
4. Repeal by a temporary statute :-
- When a temporary statute affects a repeal of an
existing statute a question arises whether the
repealed statute revives on he expiry of the
repealing statute.
- Sec 11(1) & Sec 38(2) of the interpretation Act,
1899 in terms are limited to cases of repeals of a
repealing enactment and have no application to a

case of expiry of repealing Act.
• General Clauses Act Sec 6 corresponds to Sec
38(2) of the Interpretation Act 1899 is also in
terms limited to repeals and does not apply to
expiry of a repealing statute.
• Sec 6 of the G.C Act also applies only to
repeals
-Expiry of a repealing statute
- But in sec 7 of the general clauses Act which
corresponds to sec 11(1) of Interpretation
Act,1899, the language is slightly different
- Therefore whether a statute which is repealed
by a temporary statute revives on the expiry
of the repealing statute will depend upon the
construction of a repealing statute.
SUBSTANTIVE AND
ADJECTIVAL LAW
On the contrary, the substantive law can be
defined as one of that comprises of statutory
rules passed by the legislature, through the
process of enactment, regulating the conduct
of citizens. It talks about the structure and
facts of the lawsuit
MEANING
Substantive Law : the law that states the
rights and obligations of the parties

concerned.
Procedural Law : the law that specifies the
practice, procedure and machinery for the
imposition of rights and duties.
DEFINITIONS
Procedural Law : Law which governs the way in
which court proceedings are undertaken.
It explains the methods and practices that are
followed in the court for a case.
So, it describes the series of steps taken in
civil, criminal and administrative cases.
Procedural law determines the means of
imposing rights and providing remedies to
wrong.
It consists of rules concerning jurisdiction,
pleading, appealing, presenting evidence,
executing judgment, cost and the like.
2. Substantive Law :is used to mean the
written law that states the rights, duties and
liabilities of the citizens and collective
bodies.
- It is the system of rules that regulate the

behavior of the citizens of the country.
It is generally codified in statutes but can
also be found in common law.
It is concerned with the substance of the
case. It either helps in suing someone or
defending a person from legal proceedings.
It is that part of the legal system which
differentiates between right or wrong
conduct and personifies the idea that
committing he crime will lead to penalty or
punishment or both( as the case may be) to
the wrong doer.
DIFFRENCES
Procedural Law
Substantive Law
It prescribes the methods, procedure and
machinery for the enforcement of rights
and obligations.
It alludes to the law that deals with the
subject matter of the case and states the
rights and obligations of the parties
concerned.
It prescribes the manner in which the
case is filed or appeal made.
I regulates the conduct of the individual or
government agency.
It creates the mechanism for the
enforcement of the law.
It states the rights and obligations of the
citizens.
It can be applied for both legal and non
legal matters.
It cannot be applied to non legal matters.
It is governed by the Statutory law.
It is governed by the act of parliament.
It is all about the initiation and
prosecution of civil and criminal
proceedings
I pertains to the rights and duties of the
parties concerned and punishment for the
wrong doer.
It deals with the affairs inside the court
like appealing, presenting evidence,

representation of the counsel, pleading,
reviewing etc.
It deals with the matters outside the court,
like fundamental rights and liabilities of the
members of the society.
CONCLUSION
- Simply put , the 2 types of law differ in the
sense that procedural law oversees the
litigation process of the case, whereas the
substantive law deals with the objective and
subject matter of the litigation.
- While procedural law expresses how the law
is implemented, substantive law explains the
forbidding and mandating conducts as per
law.
- In short procedural law, is nothing but an
add-on of substantive law.
Amending ,Codifying and
Consolidating Statute
AMENDING STATUTE
 Amendments are often made to remove
ambiguities, and such amendments are intended
to avoid misinterpretation.
 There are number of instances in he legislative

history where the parliament has added /deleted
words with a view to verify to clarify the position of
law.
 The amending Act does not repeal all the
provisions of the old Act and it retains certain
essential provisions of the repealed Act.
Definitions :-
1. Lord Macmillan :- when an amending Act alters
the language of the principal statute, the
alteration is deemed to have been made
deliberately and intentionally.
2. Justice Cockburn :- The legislature in substituting
certain provisions in an Act if it has entirely
changed the language of the enactment, then it
must be deemed to have done so with some
intention and motive.
Essential Ingredients:
1. To remove ambiguities, amendment can be
made for the statute.
2. Any amendment cannot be held to have
retrospective effect.
3. The alteration of the law by amendment by
legislation does not mean that the pervious
decisions were wrong and erroneous.
4. When a statute is amended, the statute must
be interpreted fresh as per the new amended
provisions and no by the provisions originally
existed.
5. An amending Act must be construed o prove is
efficacy but its language must be clear and
unambiguous.
6.Words in the amending Act can be added o
make a clear meaning than implied meaning.
7. If the judicial decisions gives 2 different views of a
statutory provision before amendment than after
amendment the view held by the legislature must
be taken form the change in the language of the
amended provision.
8. Legislature Intention must be kept in mind.
9. An amendment Act must be read as if the words
of the amendment had been written in to the Act
except where that would lead to an inconsistency
laws.
10. Amending provision give guidance to
interpretation of existing provision.
Case Laws:-
1. Diamond Sugar mills v State of Uttar Pradesh
- It is true that when words and phrases
previously interpreted by the courts have been
used by the legislature in subsequent statutes
replacing the earlier statutes
- A presumption exists in favor of the fact that
there have been used in accordance with the
meanings attributed to them by the courts.
-this presumption, however is not conclusive and

may be rebutted by express language of he statute
or by necessary implication.
2. Vajravelu v Special Deputy Collector
- The Question of Interpretation of the expression
“Compensation” used in Article 34(2) of the
constitution was involved.
- The article provided for compensation to be given
before a property was compulsorily acquired or
requisitioned.
- The same word “ Compensation” was
interpreted by State of West Bengal v Bela
Banerjee and the Parliament used the same
word as were found in Article 31 before
amendment.
- It is opponent that the parliament had
accepted the meaning of the word given to it
earlier by the court.
2. CONSOLIDATING STATUTE
2. Consolidating Statute
a. Consolidating without changes.
b. Consolidating with minor changes.
c. Consolidating with amendment.
- A Consolidating statute is one which collects
all statutory provisions relating to
a. Particular topic in one place in to one
legislative Act.
b. With minor amendments and improvements , if

necessary
Eg ;- Arbitration Act, 1940 & Indian Succession
Act,1925.
- While interpreting a consolidating statute, A
Presumption Exists:-
a. That the legislature does not intend to change
the existing law.
b) Because it has only collected all relevant
existing statutory provisions on a specified
topic.
c) At one place and has not enacted a new
legislation
nd Presumption :-
a. All the statutory provisions consolidated at one
place, it will have the same meaning as they
had at the time hey were passed.
b) The rebuttal ( disprove) of this presumption
may be by express language of the
consolidating statute or by necessary
implication.
Object :-
a. Is to present the entire body of different
statutory laws on a same subject in a complete
form.
Consolidating Statute :-
a. It is pertinent to refer the similar provisions to
previous laws.
b. Judicial Decisions.
c. Judicial Pronouncements.
d. Common law, etc can be referred.
 A consolidating statute is not simply
compilation of different earlier statute.
a. But enacted with co-ordination.
b. Simplication with changes.
c. Later to the needs of the changing
circumstances
d. Enactment of Consolidating Statute
 General rule of Interpretation of Consolidating
Statute is to :
a. Examine the language as used in the statute.
b. And give each word its proper literal meaning
c. And apply normal rule of Interpreting.
- A Consolidating statute may also be amending
statute. Eg:- Long Title of Cr.pc
- When consolidating statute is being
interpreted:-
a) It may a Actually be the interpretation of that
particular provision in the old law.
b) Where it existed before its consolidation.
Case Laws :-
1. R.P Kapur v Pratap Singh
The S.C observed :
- Alterations made in Bill.
- Majority that the Bill.

- During is passage through the committee.
- The statement of objects and seasons and report
of the selection committee cannot be legitimately
taken in to account to construe a provision where
it is absolutely clear.
2. Galloway v Galloway
- The question was interpreting the word “
Children under Sec 26(1) of the Matrimonial
Causes Act, 1950
- Under this provision the court which dissolved
a marriage is empowered to make appropriate
provision for the custody, maintenance and
education of the children.
- The marriage of whose parents is the subject of
the proceedings.
- The court overruled a large number of previous
Judicial pronouncements which had interpreted
the word “Children” in a limited sense as those
born to the parents after their marriage.
- And held that the word included children born
before their marriage also.
3. In State of West Bengal v Nripendra
The SC held :
- Stated that to find out the meaning of law
recover may legitimately be had to the prior
state often the evil sought to removed and
process by which the law was evolved.

3. CODIFYING STATUTE
3. Codifying Statute
- A Codifying Statute is a statute which states
exhaustively the whole of the law upon a
particular subject.
Aim :
a. To declare the law on a subject so that the
judge by true interpretation of words decide
meaning with in the parameters of such
declared law.
b. The aim is to end to the maximum extent
possible the conflict of decisions.
- When once the law is codified, then it is not
required to enquire what is the law other than
such codification.
- The reference of previous legislation can also
be made to remove the ambiguity in the use of
terms in the codifying statute.
- The drafts man attempting to sub serve in his
code both the pre-existing statutory provisions
and also common law rules relating to the
matter.
- The correct interpretation of codifying statute in
the words of Lord Hershell is that the 1st step
should be to interpret the provisions of the
codifying statute and that reference to earlier
Case laws :
1. The Bank of England v Vaglino Brothers
- The question of Interpretation of Sec 7 (3) of
the Bills of Exchange Act, 1882 was involved
- According to this provision :-
A . Where the payee of a bill of exchange is a
fictitious or non existing person.
b. The bill may be treated as payable to bearer.
- The house of lords over ruled the court of
Appeal and observing that a codifying statute is
approached inquire a different spirit from a
consolidating act held that a codifying Act is to
be interpreted as per the language used in it.
- And not in accordance with the various judicial
pronouncements made before the Act was
born.
2. In Commissioner of Wealth tax v Chandersen
The SC held :
- That the Hindu Succession Act, 1956 being an
Act to amend and codify the law of intestate
Succession among the Hindus, the provisions
under the Act.
- And not the general Hindu law will decide any
matter under the Act,
- Consequently , the question of inheritance by a
son of his fathers separate property has to be
decided in accordance with the Sec 8 of the Act
as his separate property and not as
coparcenary property with his sons.

3. In Rohini Kumari v Narendra Singh
The SC held :
- That the preamble of Hindu Marriage Act, 1955
describes it as one to amend and codify the
law relating to marriage among hindus.
- It is well known principle that when a particular
branch of law is codified it is intended and the
object essentially is that on any matter
specifically dealt with by that law.
- It should be sought for in the codified enactment
alone where any question arises relating to that
matter.
4. L Jankiram Iyer v P.P.M Nilkantha Iyer
The SC held :
- The Question of Res judicata in relation to a suit
cannot be decided on the ground rules of Res
Judicata, but it has to got to be decided in
accordance with what is provided under section
11 of CPC.
 A tax is imposed for raising general revenue of the
state for public purposes.
 In contrast to tax, a fee is imposed for rendering
services and bears a broad co-relationship with the
services rendered.
 Taxes are distributed among the various entries in List-
I and List II of the Constitution.
 Parliament can under is residuary power in entry 97 of

List I levy a tax not mentioned in these lists.
Taxing Statute :-
 A Taxing Statute means a Statute or an Act making
compulsory imposition whether of tax or fee.
 There are 3 stages in the imposition of tax
1. Declaration of Income in respect of persons or
property.
2. Assessment of tax that qualifies the sum which the
person is liable has to pay.
3. Methods of recovery, if he person taxed does not
voluntarily pay, if not paid
Strict Construction of the Penal Statutes:-
 Statutes imposing the monetary burdens are to be
strictly construed.
 The logic behind this principle is that imposition of
tax is also like imposition of penalty.
 Tax can be imposed only if the language of the Statute
unequivocally so says.
 Intention of the legislature to tax must be gathered
from the natural meaning of the words by which It has
expressed itself.
 Any kind of presumption or implications as to tax does
not exist.
 If the person sought to be taxed comes with in he
letter of he law, he must be taxed, however great the
hardship may appear to the judicial mind to be .
 If the words of the taxing statute are clear, effect must

be given to them irrespective of the consequences.
 The language of the taxing statute cannot be so
stretched to do favor for the state, nor it can be so
narrowed as to benefit the person sought to be taxed.
 If the language used in the fiscal statute is so wide as
to include with in a large number of cases which
perhaps were not intended to be covered, the court has
no option but to give effect to it.
 If the words of the taxing statute are capable of two
reasonable interpretations without doing violence to
the language used, the interpretation which favors the
persons sought to be taxed has to be taxed.
 The burden of proof lies on the person who claims
exemption from tax.
Essential Ingredients
 No presumption and Assumption.
 Statutes imposing taxes are to be strictly construed.
 A taxing enactment does not apply by implication and
a logical extensions are prohibited.
 Equitable considerations cannot be taken in to account
while construing the taxing statute.
 Meaning of the taxing statute must be understood in
common usage.
 If the words of the taxing statute are clear, effect must
be given to them irrespective of the consequences.
 A taxing statute generally has no retrospective
operation unless the language unequivocally makes it

so .
 There is nothing like implied power to tax
 The object of the legislature must be kept in mind.
 Machinery provisions :- procedure ,collection and
calculation of tax must be laid down in the taxing
statute.
 Logical extensions are prohibited.
Case Laws
1. New piece goods Bazaar company v CIT, Bombay (
Deductions Case )
- The Appellant had paid certain municipal axes as
also Immovable property taxes.
- He Claimed deductions for the same under Sec 9(1)
(iv) & Sec 9 (1) (v) of I.T Act,1922
- The Supreme Court held hat such deductions
were clearly unambiguously permissible under sec 9
(1) (iv) as per the words used there in.
 The appellant had a right to claim these deductions.
 Legislature intention has clearly been expressed in the
language of he enactment.
2. In Dunlop India Ltd v UOI ( Rubber Case )
- The question was whether the commodity known as
the V.P Latex comes with in the meaning of Rubber.
- The SC held : While using the words in taxing statute ,
the legislature always keeps in mind the popular
meaning of that word as understood in Trade and

Commercial circles ,
 so Interpreted , there is no doubt that V.P Latex is a
rubber ( The natural and popular sense of the term has
no ambiguity and the legislature while using the term
had this meaning in mind).
3. In UOI v CIT (
- Certain goods were sold to the ministry of Industry
And Supplies, Government of India
- The question was whether these were exempt from
payment of sales ax under Sec 5 ( 2 ) of the Bengal
Finance ( Sales Tax) ,1941
- This Sec exempts the tax to :-
- a) Indian stores Department.
- b) Supply Dept, Govt of India.
- c)Administration of the Railway or Water Transport.
 The supreme court agreed with the decisions of the
High Court in holding that the ministry of Industry &
Supplies to whom the goods were sold was no the same
mentioned under sec 5 (2)
 It was observed that this Sec 5 unambiguously named
the above department which are exempted from
payment of sales tax
 Since the other departments are not mentioned
under sec 5 cant claim this exemption.
 There is no room for extension or analogy.
 The Legislative Intention was to give the same benefit
for the other departments , it could have clearly

mentioned in the statute.
4. In BaidyanathAyurved Bhawan v Excise
Commissioner, U.P ( Alcohol case )
- Certain medicines containing tincture and spirit etc,
were manufactured by the appellant company.
- Since “ Tincture and Spirit” contains alcohol , the
appellant was asked to pay duty tax under the Medical
and Toilet Preparations ( Excise Duties) Act,1955.
 Appellant Contention :-
1. The word “ Alcohol” means under the Act means the
pure Alcohol.
2. Since “ Pure Alcohol’’ was not used in he preparation
of Medicines, no duty tax could be imposed.
SC Contention :-
 - Rejected the Appellant Contention.
 The word “ Alcohol” does not have 2 interpretations
 It has clear and unambiguous meaning
 If a medicine or toilet preparation contains alcohol, It
is subject to duties under the Act.
 Therefore it is irrelevant whether the medicine
contains pure alcohol or some substance which in
itself contains alcohol
 The appellant is bound to pay the duties under the
Act.
5. Motipur Zamindary Co.Pvt Ltd v State of Bihar (
Green Vegetable Case )

ntroduction
Parliament, which is a platform to do a discussion on issues having social and
civic importance in any popular democracy, is a cornerstone of democratic
values in any representative democracy.
Parliament may be perceived as a political institution to ensure the realization of

what Mahatma Gandhi once envisaged that, Democracy essentially is the art and
science of mobilizing and utilizing the entire physical, economic and immaterial &
metaphysical resources for the common good of all the people.
Though the origin of the concept of Parliament traces to European nations since
medieval ages, it has been an indispensable part of the Indian democratic
structure since the inception of democracy in India.
The stalwarts of Indian freedom struggle, legal experts and other members of
the Constituent Assembly, arrived at a conclusion of endorsing a parliamentary
system of government after an extensive and in-depth study of the Constitution
of other nation-states.
After the first general election in the year 1952, both the houses of parliament
came into existence.
It must be noted that after the Constitution was adopted and till general
elections, i.e between 1950 to 1952, the Constituent Assembly itself functioned
as the provisional legislative body.
Composition of Parliament
The Parliament in India comprises the President of India, the Upper House i.e.
Rajya Sabha and the Lower House i.e. Lok Sabha.
Hindi names of both the houses, i.e. Rajya Sabha and Lok Sabha had been
adopted by the Upper House and the Lower House respectively.
The Constitution describes the structure of parliament in Article 79. It states that
the Parliament comprises of the President and the two houses i.e. the Lower
House or House of People and Upper house or Council of States.
To understand the functions served by the President, we can say that the post of
president is somewhat equivalent to the role and functions of the Queen or
Crown in the United Kingdom.
Even though the President is a part of the legislature, he doesn’t sit in

parliament.
However, a bill passed by houses can’t be made law without the assent of the
President.
Now, let’s discuss the Upper house or Rajya Sabha.
The Rajya Sabha

Rajya Sabha is the Upper House of the Indian Parliament.
This house is permanent in nature as it can never be dissolved. This is because

every member elected to the Rajya Sabha serves for a term of 6 years and one-
third of members do retire biennially, while the other members continue their
tenure. It’s like an election in different batches.
Retired members are subject to re-election.
This house consists of 250 members out of which, 238 members are elected by
means of a single transferable vote. 12 members are nominated by the
President on the advice of the council of ministers.
The method of election of these members is listed in Article 80(1) of the Indian
Constitution.
It says that the members would be elected by the elected members of respective
state assemblies in accordance with proportionate representation of every state.
This provision thus reflects the federal nature of the Council of States, where
every state is represented proportionally.
However, the number of members representing each state varies from 1 to as

large as 31 (for Uttar Pradesh).
Article 84 of the Indian Constitution provides for the qualification to become a
member of Rajya Sabha, i.e. one must have the nationality of India, doesn’t
holds any office of profit and must have completed 30 years of age. Article 102
of the Indian Constitution provides for conditions on which one can be
disqualified from either of the houses. It says that one must be disqualified as a
member of the house if,
 he/she holds any office of profit;

 he/she is of unsound mind;
 he/she is discharged insolvent;
 he/she is not a citizen of India and has voluntarily accepted the nationality
of other nations;
 he/she is disqualified under any law made by the Parliament.
Chairperson and Deputy Chairperson of Rajya Sabha

In Rajya Sabha, the Vice-President of India presides of its sessions and is ex-
officio chairperson of the house.
However, to take care of its day-to-day affairs, and to preside over the sessions
in the absence of the Chairperson, i.e. the Vice-President, a member of the
house itself is chosen internally by the Rajya Sabha as Deputy Chairperson of
the house.
Position in other Countries

It’ll be an interesting task to look into other democratic systems if something
like Rajya Sabha or Upper House exists there too.
Most of the nation-states in the European Union have a council of states. And
almost all of them functions as a consultative or advisory body to the president
or the government.
For example, the Belgian Council of States is a Judicial and advisory body, which
assists legal advisory in matters of draft bills to the executive.
While in China, the Chinese State Council happens to be the highest

administrative body of the country.
In Portugal, the Portuguese State Council serves as an advisory body of the

President of the state.
In the United States, there is no such body resembling the functions that Rajya
Sabha serves. However, it has a bicameral legislature and is comprised of House
of Representatives and the Senate. Interestingly, the number of senators for
each administrative unit is fixed, i.e. 2.
Let’s discuss the utility of Rajya Sabha and the need for the second house.
The utility of the Rajya Sabha

Regarding utility and need of a second chamber in the parliament, an extensive
debate took place in the constituent assembly while framing of the constitution.
Ultimately, it was agreed to adopt a bicameral system of legislature and thus the
Rajya Sabha was formed as the second chamber with a different method of
election and different composition altogether.
The utility of the Rajya Sabha can be understood by this hypothetical situation.
Suppose, after general elections, a single political party comes to a thumping
majority in the lower house.
Now, having this majority, they can pass any bills or piece of legislation even if
the same is not fruitful to the people and democracy unless there is a system of
check.
So, this second house serves as a safety valve and a system of check regarding
all the functions of the lower house.
The Lok Sabha

The provisions of Article 331 of the Indian Constitution provides for the existence
of the house of the people and shall consist of a maximum of 530 chosen
members from different states, not more than 20 members to be chosen from
the Union Territories. If President feels that there is a lack of representation of
the Anglo-Indian Community in parliament he may nominate two members of
the Anglo-Indian Community.
Some seats are also reserved for the Scheduled Caste and Scheduled tribes
communities especially laid aside for them all over the country.
The representation is allocated to the states and the Union Territories according
to the Representation of the people Act passed by the Parliament of India in
1951.
The Lok Sabha, unless dissolved midway, continues its tenure for 5 years from
the day of its first meeting.
Territorial Constituencies
As the members of the Lok Sabha are elected directly, it needs to have a proper
division of the country into smaller units.
And for this purpose, India is divided into small territorial constituencies.
These constituencies are sorted out in such a way so that each Indian state has
an adequate share of members in the house and is proportional to its population.
To keep this division democratic, the constituencies are carved out in such a way
so that the ratio of the number of representatives and the population of that
particular constituency should remain the same across all the constituencies.
Tenure of Lok Sabha

The members elected by Universal Adult Suffrage serve their offices for a tenure
of five years.
However, if devoid of a popular majority, the government can fall and the house
can dissolve midway anytime before the completion of five years.
Qualification for Membership of Parliament
Qualifications necessary for becoming a member of parliament is provided in
Article 84 of the Indian Constitution.
Following are the qualifications:
 he/she should be a citizen of India.

 In the case of Upper House,i.e. Rajya Sabha, he/she should have
completed at least 30 years of age and for Lower House,i.e. Lok Sabha,
he/she should have completed 25 years of age.
 he/she need to comply with other such qualifications as prescribed in any
law by the Indian Parliament.
Now. let us take a look into grounds on which one can be disqualified as a
Member of Parliament.
Disqualification
Now, Article 102 of the Indian Constitution lays the grounds on which a legislator
can be disqualified as a member of the Parliament.
Those grounds are:
 If he/she holds any office of profit under the Government of India or any
of the states;
 If he/she is declared of unsound mind by a Court;
 If he/she is an undischarged insolvent;
 If he/she is not a citizen of India anymore;
 If he/she is disqualified by virtue of any law passed by the parliament of
India.
Office of Profit
As it is a ground for disqualification as a member of Parliament, it is essential to
understand what exactly does the office of profit means.
Office of profit refers to any post or position under central or state government
which fetches salaries, bonuses, perks and other benefits to the individual.
However, the quantity of profit gained is irrelevant under this disqualification.
Under section 9 of Representation of people Act and Article 191(1)(a) of the

Indian Constitution, it is envisaged that no representative should bear any office
of profit.
Disqualifications under the Representation of Peoples Act

A member of parliament can also be disqualified under the Representation of
Peoples Act, 1951. This act was passed by the Parliament under Article 327 of
the Indian Constitution, which provides for the procedure and the conduct to be
followed during the election to Parliament and state legislatures.
Following are the grounds:
 If he/she is convicted for indulging in corrupt practices during the election

or any other election-related offenses.
 If he/she is convicted under certain acts of Indian Penal Code, Unlawful
Activities Prevention Act, Prevention of Terrorism Act 2002, etc.
 If he/she is convicted under any law that results for at least two years of
imprisonment and will remain disqualified for a further 6 years after his
release.
 If he/she is convicted under any law relating to drugs or dowry
prevention.
 Dismissal from the government due to disloyalty or involvement in corrupt
practices.
 If he/she fails to lodge their election expenses.
Disqualification on ground of defection

The need for an anti-defection law was felt in India when in 1967, one legislator
from Haryana, Gaya Lal, changed his party thrice in a single day. Also, the
General Elections of 1967 saw a great number of defections was seen as around
150 MPs flitted their political parties.
However, an act tackling such problems was passed by Parliament in the year
1985.
With 52nd amendment to Indian Constitution, provisions regarding

disqualification of the basis of defection were inserted in the 10th schedule of the
Indian Constitution.
As per the provisions, the members can be disqualified on the following grounds:
 When members of a political party don’t abide by his/her party leadership

or voluntarily resigns from the party.
 When members don’t votes or refrains from voting according to his/her
party whip.
 An Independent member stands disqualified if he/she joins a political
party.
 For nominated members, if he/she is not a member of any political party,
he/she if want, has to join a political party within 6 months of nomination
or membership stands canceled.
However, voluntarily giving up membership has quite a broader meaning. In the

case of Ravi Naik vs Union of India, giving up membership doesn’t necessarily
mean resigning, but it can also be inferred by the conduct of the member.
Now let’s look for which people have the authority to disqualify the members.
The chairman, in the case of Rajya Sabha and the Speaker, in the case of Lok
Sabha has powers to disqualify a member on grounds of defection.
And, regarding complaints of Speaker/Chairperson involved in defecation, a

member elected by the house itself will take necessary actions regarding the
same.
This law also has some exceptions, specifically when political parties merge with
some other political party.
Vacation of seats
Now, the question comes in our mind is, what if a member vacates his seat?
And what are the grounds of vacation of seats?
So, to deal with such situations, our Constitution provides us with Article 101 in
the Fifth part of the Indian Constitution.
Thus, as envisaged under this Article, a member must vacate his/her seat if
 He/she is elected in both houses as this article clearly states that no

person shall be chosen as members in both the houses.
 He/she becomes a member of the Central legislature as well as a state
legislature, then he must vacate his seat in the house.
 He/she becomes subject to any of the disqualifications mentioned by
Parliament
 He/she, without permission of the speaker, is absent from the house for
consecutive 60 days
And, after a seat is vacated in either of legislative houses, polls are conducted to
fill the vacancy.
Click above
Speaker and Deputy Speaker of Lok Sabha
To preside over sessions of the house, the Speaker of the Lok Sabha is elected
among the sitting members of the house. He/she is generally elected in the first
meeting of the Lok Sabha and serves a tenure of 5 years along with that
particular Lok Sabha. And as normally practiced, the Speaker is a member of the
ruling party or alliance.
Regarding the election of the Speaker, sitting MPs proposes names and the same
are notified to the President of India.
Then a date for the election is notified.
Now, if only one name is proposed by the MPs, no formal voting happens but, in
a case where a proposal for more than one name shows up, a division vote is
organized and the Speaker is chosen accordingly.
Inter alia (among other things), one of the main functions of a Speaker is to
decide upon whether a bill is a money bill or not.
His/her function also includes maintaining decorum and discipline in the house
and punishing those who are not complying with his guidelines. Also, in the
order of precedence, he/she is ranked 6th, parallel to the Chief Justice of India.
According to Article 94 and Article 96 of the Indian Constitution, a Speaker can

be removed by a resolution passed with an effective majority, i.e More the 50%
of the members of the house.
He/she can also be removed according to The Representation of the People Act
and when a bill is wrongly certified as a money bill by the Speaker.
The Deputy Speaker of the Lok Sabha serves as a Number-Two, who in the
absence of the Speaker carries forward his roles and functions.
He/she also has a tenure of 5 years and can leave the post midway if he/she
ceases to be a member of parliament.
Sessions of Parliament
Now coming to Sessions of the Parliament, let’s first understand what exactly a
session is.
So, whenever either of the houses meets for the conduct of its business, for the
period it meets, is called a session.
With not more than a 6-months gap, the president can summon either of the
houses for conducting a session.
Thus, the Parliament must necessarily meet at least two times a year.
As per convention, three sessions are conducted by the Indian Parliament in a

year:
 Budget Session between February and May.

 Monsoon Session between July and September.
 Winter Session between November and December.
Prorogation
Prorogation of the house essentially means termination of a session of the
house.
The notice of prorogation is issued by the Speaker or the Chairperson of the

House. After a session is ended, the presiding officer adjourns the house sine
die, i.e with no appointed date for resuming the house and then after a few
days, the notice is issued.
However, houses of the Parliament can also be adjourned or prorogued when in

session.
This is provided under Article 85(2) of the Indian Constitution.
Dissolution
The power to dissolve the Lok Sabha is placed with the President of India in
accordance with Article 85 of the Indian Constitution.
In two cases, dissolution of the Lok Sabha is possible:
 When the term of the Lok Sabha, i.e 5 years complete and is dissolved by
the leader of the ruling party.
 When the government loses the majority and floor test is about to
happen, in that case, the president can dissolve the house.
And, it is completely different from adjournment or prorogation as Dissolution

means the end of the term of that particular Lok Sabha.
Effect of Dissolution on the business pending in the House
Articles 107 and 108 of the Indian Constitution deals with these situations.
It states that whenever the Lok Sabha is dissolved, be it after completing its
whole term or midway, all the business, which includes bills, notices, petitions,
motions, etc, do lapses.
When a new Lok Sabha is elected and it begins with its sittings, all the motions,
bills and notices need re-introduction in the house.
Functions of the Parliament

From the gist of what our constitution provides, we may infer that Parliament is
an institution which exerts an amalgamation of executive and legislative
authority.
There are certain functions that the Parliament of India serves.
Following are the functions:
Legislation
The basic function which the Parliament serves is of legislating.
Legislating essentially means making laws and provisions for the smooth
functioning of the government and the nation at large.
This function is embedded in Article 107-108 of the Indian Constitution.
Raison d’etre of this function is the realization of the constitutional objective of

India as a welfare state.
Providing the cabinet

Another basic function of the parliament is providing the cabinet, which stands
responsible for the Parliament itself and provides the proper aide to the
President.
However, the cabinet is accountable only towards the Lok Sabha, it may consist
of members from Rajya Sabha too.
Control of the cabinet

It is a function of the parliament to see if the cabinet is able to maintain its trust
through the majority of the ruling party, i.e. if the ruling party loses trust or
majority, the cabinet must have to resign.
The same is expressed in Article 75(3) of the Indian Constitution.
Criticism and evaluation of the cabinet

Criticizing and evaluating the cabinet and the ministers is the foremost function
of the parliament.
As the cabinet is responsible for the Parliament, evaluation of the actions and
decisions of the cabinet must be done by other members. This serves as a safety
valve and provides for a system of checks.
It bars the government to act in a dictatorial way while avoiding the public
interest. This function can be discharged by both the houses of the parliament.
Financial control
The legislature has exclusive authority to allocate expenditures and finances for
public services and other affairs. It also provides with the measures to be taken
for raising revenue and receipts to be appropriated according to needs.
These authorities are wielded in such a way that keeps the democracy basic
essence of our constitution alive.
Ordinary Bill
Any bill, which is proposed in the Parliament is an ordinary bill except those
which get the certificate of money bill by the Speaker of the Lok Sabha.
It can be proposed/introduced in either of the houses, i.e. Rajya Sabha or Lok

Sabha.
It can be introduced by a minister as well as a private member and those

introduced by a private member is known as a private member bill.
For introducing such bills, the president’s recommendation is not required and
necessary.
Unlike the money bill, these bills can be rejected or amended even in the Rajya
Sabha and the Upper House can detain such bills for a period of up to 6 months,
not further than that.
Also, if such bills were defeated in the Lok Sabha, it may lead to the resignation
of the whole government if introduced by a member.
Once sent for approval of the President, these bills can be accepted, rejected or
returned for reconsideration to the house.
Joint Sitting of Houses

In case of a deadlock between both, the houses of parliament regarding the
passing of a bill, the President of India may summon a joint sitting of both the
houses.
The joint sitting of both the houses is presided over by the Speaker of the Lok
Sabha and in his absence, the Deputy Speaker of the Lok Sabha discharges this
function.
Article 108 of the Indian Constitution provides provisions for this mechanism
which breaks the deadlock between both the houses.
According to this Article, a joint session can be called upon only if:
 A bill, after being passed out in one house, and the other house rejects it;
 One of the houses doesn’t accept the amendments passed by the other
house;
 When 6 months elapse, and the other house doesn’t pass the bill.
There are some exceptions available to the Joint Sitting of the Houses:
 Money Bill: According to the Constitution, Money bills only require
approval from the Lok Sabha, thus, in case of money bill the situation
arises for a Joint Sitting of the Houses.
 Constitutional Amendment Bills: A Constitutional amendment bill can
be passed on through a 2/3rd majority of both the houses and doesn’t
have a provision for Joint Sittings in case of disagreement between the
houses.
President’s Assent
According to Article 111 of the Indian Constitution, when a bill is passed by both
the houses of the Parliament it must be presented to the President and he/she
needs to declare that he/she assents to the bill or withholds assent.
Money Bill
According to Article 110 of the Indian Constitution, a bill can be defined as a
money bill if it deals with imposition, abolition, alteration or regulation of any
taxes and such bills can only be introduced in the Lok Sabha and only by a
member having a ministerial portfolio.
It can only be introduced on the recommendation of the president. Also, it

requires certification of the Lok Sabha Speaker, when transferred to the Rajya
Sabha.
If this bill is defeated in the Lok Sabha, the entire cabinet has to resign, and
also, it can’t be returned for review by the President.
Financial Bills
Financial bills are quite similar to those of Money bills.
To understand what a Financial bill is, we may assert that any such bill which
carries some of the provisions of Article 110 of the Indian Constitution relating to
expenditure and taxation is a financial bill.
Such bills are introduced only in Lok Sabha on the recommendation of the
President and it needs to be passed in both the houses.
Now, the question which arises is what are the differences between a Money Bill
and a Financial Bill?
To understand easily, we may say that Money Bills are a kind of subset of
Financial Bills, i.e. all the Money Bills are Financial bills but the same is not true
vice-versa.
The distinction between Money Bills, Financial Bills and Bills involving expenditures
The major difference between a Money Bill and a Financial Bill is that Rajya
Sabha can’t amend the Money bill but this is not the case with the Financial Bills.
Also, a Money Bill strictly deals only with the provisions as laid down in Article
110 of the Indian Constitution while a Financial bill can also cover other
provisions than taxation and expenditure.
A Money bill needs certification from the Speaker of the Lower House, while a
Financial Bill doesn’t need any such certification.
Annual Financial Statement (Budget)

The Annual Financial Statement or as often called, budget is an important
document dealing with the finances of a nation.
Provisions relating to Budget are discussed in Article 112 of the Indian

Constitution.
The budget is presented in such a way that expenditure and receipts regarding
fiscal and deficits of the current year, the previous year and the year for which
budget is presented.
The Annual Financial Statement consists of three parts i.e Consolidated fund of
India, Public Account of India and Contingency Fund of India.
It also includes an account of loans advanced by the government or the loans to

be recovered by it including borrowing from Reserve Bank of India.
Discussion and voting on Budget
So, after a budget is proposed by the Finance Minister, it is followed by
Extensive discussion in the house and lastly, voting is done.
The voting is done on the Demands of Grants.
Now, what are the Demands of Grants?
Demands of Grants basically mean expected spending by a particular

department or ministry. Now after this voting is done, the parliament happens to
be in recess.
After the recess is over, then all the standing committees submit their respect
reports followed by discussion and voting.
This is all how discussion and voting are done during the tabling of the budget in
the budget session of parliament.
Appropriation Bills
After the discussions are over on budget and expenses, then an appropriation
bill is tabled by the government if it intends to withdraw funds from the
Consolidated Fund of India.
This is done when the government wants to withdraw the funds for expanding
and meeting the expenditure.
It must be noted that this bill is introduced only in the Lok Sabha.
Supplementary Additional or Excess Grants

Excess Grants are granted to the Government when the amount authorized for a
particular service by virtue of a law is found to be insufficient.
These funds are granted by the President of India.
The Constitution of India discusses this in Article 115 of part V.
Also, when the actual expenditure incurred on a certain service or scheme is

more than what was allocated for the same, then the Comptroller and Auditor
General takes action and brings notice to the Parliament.
After that, the respective ministers raise demand for excess grant and then the
procedure regarding the same is followed by voting and discussion.
General Rules of Procedure

The General rules of procedure deal with the procedure and conduct to be
followed in both the houses. It lays down the parliamentary procedures and rules
according to which the parliament must function.
It also lay down process according to which the parliament must table and pass
a bill or other kinds of legislation. It also deals with the structure and function of
the standing committees on different matters
These rules are fundamental for the genuine working and functioning of the
Parliament.
Parliamentary Control over Financial Matters
Financial matters in India are largely controlled by the Parliament. This control
includes control over revenue matters and expenditure related issues.
As stated in the Constitution in Article 265, no tax can be collected or levied by

the executive authorities without any law supporting it. So, if tax is imposed
upon anyone without having legislative backing, then the person can go to court
for redressal.
As Parliament holds control over the Consolidated Fund of India, its control over
the expenditure is pivotal. As the Consolidated fund of India is the reservoir of
all the expenses and finances of India, the parliament thus exerts full control
over expenditure.
Parliamentary Committees
Parliamentary committees are made to ease the scrutinizing of the legislative
and other matters of the Parliament. Broadly, these committees can be classified
as Standing committees, which are permanent and ad hoc committees that are
temporary and are constituted according to the need.
Among the standing committees, the estimates committee, public accounts

committee and public undertakings committees are the major ones.
However, 17 different standing committees for different departments are also

constituted for easing the business. Some such committees are committees of
petitions, a committee of privileges, committee on papers laid, etc.
While the Ad Hoc committees are more of temporary committees. These

committees address matters like committees on five-year plans, the joint
committee on Bofors agreement, committee on food management in the
parliament, etc.
Language to be used in Parliament

The official languages of India can be used in the Parliament of India, i.e. Hindi
and English.
Article 343 of the Indian Constitution provides for the official language of India.
However, the members can use any of the scheduled languages while in
discussion or debate.
Restriction on discussion in Parliament

To keep the doctrine of Separation of Power intact, the Constitution of India
forbids the Parliament to legislate and discuss certain matters.
Article 121 discusses these provisions.
This includes any discussion regarding the conduct of the judges of the Supreme
Court or judges of any of the High Courts. However, the discussion can happen
in the question of the impeachment of a judge.
Courts not to inquire into proceedings of Parliament

This may be seen as vice-versa provision of Article 121. Article 122 of the
Constitution provides for the provision that the courts can not inquire into the
proceedings of the legislation.
Also, any officer or member of the Parliament while exercising his powers
endowed upon him/her by parliament is not subject to the jurisdiction of any of
the Courts.
The Comptroller and Auditor-General of India

In the words of the architect of the Indian Constitution, Dr.B.R. Ambedkar, the
Comptroller and Auditor-General of India is one of the most important officers
which the Constitution provides for as he/she looks after finances and
expenditure by the Parliament.
CAG of India is not accountable towards anyone but the public as he/she looks
after the public purse of the nation.
Article 148 of the Constitution talks about the appointment of CAG and its oath.
He/she also derives authority from The Comptroller and Auditor General’s
(Duties, Powers and Conditions of Service) Act, 1971.
Duties and Powers

The major duties and functions of the CAG, according to the Indian Constitution
are:
 All the accounts of Union Government and State Governments come under
the ambit of Audit by the CAG.
 All the expenditures from the Contingency Fund and the Public Account
are also audited by the CAG.
 CAG also audits all the expenditures and receipts by all the Government
authorities and Undertakings.
 CAG can also audit account of the local bodies on request of the President
or the Governor.
 CAG also acts as a guide to the Public Accounts Committee in Parliament.
Conclusion
Therefore, in this exhaustive article about the Indian Parliament, we discussed
almost all the aspects and functions of the Parliament.
Parliament is an essential political and constitutional institution that forms the

bedrock of values reflecting those of democracy and representation of people
and thus is fundamental in achieving the constitutional goals.
Introduction
The Constitution of India is regarded as one of the lengthiest written
constitutions in the whole world. Our Constitution gives us a federal structure
where the powers between the Central Government and the State Government
are divided. Most of us know about the working of the Central Legislature and
the powers related to the Central Legislature. Part VI of the Constitution deals
with the State Legislature. In this article, we will discuss this part of the Indian
Constitution in detail. Here we will discuss the unicameral and bicameral
legislature. The creation and abolition of these Houses of the State Legislature.
The qualification of a person to be a member of the State Legislature. Ultimately,
we will discuss Articles 168 to 212 of the Indian Constitution. It is quite complex
to understand the working and procedure of work in State Legislature but after
going through the Constitution of India it becomes easier for one to understand
it.
Bicameral and Unicameral Legislature

Before discussing what is a bicameral and unicameral legislature, let us first
discuss what is the legislature. The legislature is the law-making body of the
State. It is first among the three organs of the state. It can make laws as well as
administers the government. As mentioned in Article 168 of the Indian
Constitution, a state can have a unicameral legislature (It should be Legislative
Assembly) as well as a bicameral legislature (Legislative Council and Legislative
Assembly). According to Article 168 of the Indian Constitution, there shall be
legislature in every State and it shall consist of the Governor.
Unicameral Legislature
Unicameral legislature refers to having only one legislative chamber which
performs all the functions like enacting laws, passing a budget, and discussing
matters of national and international importance. It is predominant in the world
as most countries have a unicameral legislature. It is an effective form of the
legislature as the law-making process becomes easier and reduces the possibility
of obstacle in lawmaking process. Another advantage is that it is economically
feasible to maintain a single chamber of the legislature. It is the most prevailing
system in India as most of the States of India have a unicameral legislature. The
members of the unicameral legislature (Legislative Assembly) elected directly by
the citizens of the State.
Bicameral Legislature
By bicameral legislature, we refer to the State having two separate law-making
Houses to perform the functions like passing the budget and enacting laws. India
has a bicameral legislature at the Centre level while the State can make the
bicameral legislature. In India, only 7 States have a bicameral legislature. It
may be seen that a bicameral legislature may not be as effective as a
unicameral legislature. However, it works as a barricade in some cases as it
somehow makes the law-making process more complex.
Abolition or Creation of Legislative Councils

In our country, the Legislative Council (also known as Vidhan Parishad) is the
Upper House of a bicameral legislature. The creation of which is given in Article
169 of the Indian Constitution and can also be abolished according to Article 169
of the Constitution.
Article 168 mentions about the Legislative Council in some of the States of our
country. There is no rule of having a bicameral legislature in the State of India.
It is because our Constitution framers knew that it will not be possible for every
State to have a bicameral legislature ( due to financial or any other reason).
Article 169 talks about the creation or abolition of the Legislative Council. For the
creation or abolition of the Legislative Council, the Legislative Assembly must
pass a resolution that must be supported by more than 50% of the total
strength of the assembly. It must be supported by more than 2/3rd of the total
members present in voting. Therefore it talks about the absolute and special
majority. The resolution to create or to abolish the Legislative Council needs the
assent of the President as well.
Composition of the Houses

Article 170 of the Indian Constitution talks about the configuration of the
Legislative Assemblies. This Article simply put emphasis on what will be the
structure of the Legislative Assemblies in the state. On the other hand, the
configuration of the Legislative Council is given in Article 171 of the Indian
Constitution.
Legislative Assembly (Vidhan Sabha)

According to Article 170, there should be a Legislative Assembly in every State
of India. However, these assemblies should be according to the provisions of
Article 333 of the Indian Constitution. The Legislative Assembly of state can
have at most 500 constituencies and at least 60 constituencies. These
constituencies would be represented by the members who would be selected
through the process of direct election. However, the division of territorial
constituencies would be determined in such a manner that it becomes dependent
on the population of that constituency. Here by the term “ population” we mean
population which has been published in the precedent census. The composition
of the Legislative Assembly in any state can change according to the change in
the population of that state. It is determined by the census of population.
However, there are several exceptions to the composition of the Legislative
Assembly. Let’s take the example of Mizoram, Sikkim, and Goa which has less
than 60 constituencies.
The tenure or duration of the Legislative Assembly is mentioned in Article 172 of

the Indian Constitution. The Legislative Assembly should work for a time period
of five years. Its tenure starts from the day of its first meeting. However, it can
be dissolved earlier by the special procedure established by the law. However,
there can be an extension in the tenure of the Legislative Assembly. This can be
done during the National Emergency. During the period of the National
Emergency, the Parliament can extend the tenure of the Legislative Assembly for
a period of maximum one year. Also, this extension should not be more than six
months after the proclamation has ceased to operate.
Legislative Council (Vidhan Parishad)

The composition of the Legislative Council is given in Article 171 of the Indian
Constitution. The total members in the Legislative Council should not exceed
one-third of the total members in the state Legislative Assembly. There is
another criteria for the composition of the Legislative Council. The member in
the Legislative Council should not be less than 40 in any case. There is an
exception in the composition of Vidhan Parishad. The Legislative Council of
Jammu and Kashmir has only 36 Member in Legislative Council, unlike the other
Legislative Council.
The composition of the Legislative Council can be further divided in the following
way:
 One-third of the members of the Legislative Council should be elected

from the district boards, municipalities and other local authorities which is
specified by the Parliament according to law.
 One-twelfth of its members shall be elected from the person who has
been residing in the same state for the time period of at least three years
and graduated from the university which is in the territory of India.
 One- twelfth of its total member should be elected from the person who is
engaged in the teaching profession for at least three years in the
educational institution of the state itself.
 One third should be elected by Legislative Assemblies and none of them
should be a member of the Legislative Assembly.
 The remainder of the members should be nominated by the Governor
according to the established law.
Click above
Qualifications of Membership
After this much of knowledge on both the Houses of Legislations, we can move
further on the next topic. Here we will discuss what are the qualifications that
one requires for being a member of the Legislative Assembly/Council.
The qualification of membership is given in Article 173 of the Indian Constitution.

For the membership or for filling a seat in the legislature of the State, a person
must be a citizen of India. A person will not be granted membership if he/ she is
not a citizen of that country. Also, the qualification of the membership is
somewhat similar to the qualification to the membership of the center
legislature. The member of the Legislative Assembly should be more than 25
years. For being a member of the Legislative Council one should be more than
30 years. Also, a necessary condition for being a member of legislatures includes
that he/she must be a voter from any of the constituencies of the state.
Disqualifications of Membership
After being elected/ nominated as a member of the legislature, one can not be a
permanent member of the legislature. There are certain reasons mentioned in
the Constitution by which a person may be disqualified from his/her membership
to the Legislature. Article 191 talks about the disqualification of the members of
the Legislature.
Disqualification of MLA/ MLC can be made on the following grounds:
1. If one holds the office of profit under the state or central government.
2. If one is of unsound mind and is declared so by the competent court.
3. If one is an undischarged insolvent.
4. If one is not a citizen of the country anymore or when he/ she voluntarily
took the citizenship of another country.
5. If one is disqualified by the law of the Parliament. Example- Anti defection
law.
Decisions on disqualifications
Article 192 of the Indian Constitution talks about the decision on the
disqualification of a member of the state legislature. If any question arises about
the disqualification of a member of the House of the legislature on any ground
mentioned in Article 191 in the Indian Constitution, then Article 192 comes into
play. Article 192 mentions that in such cases the decision about disqualification
would be determined by the Governor of that state and his/ her decision would
be final. However, the Governor needs to consult the Election Commission for
the same and he/she needs to act accordingly. Here, grounds of disqualification
would be the same as mentioned in Article 191.
Sessions of the State Legislature

Moving further on the next topic we will discuss the sessions of these State
Legislatures. Its time of prorogation and dissolution will also be discussed by us
here. Also, one thing is quite clear after a lot of analysis of State Legislature is
that the Legislative Assembly is somehow similar to the House of the People (Lok
Sabha) while the Legislative Council is similar to the Council of State (Rajya
Sabha). Their sessions are also quite similar. Article 174 of the Indian
Constitution gives the power to the Governor to summon these Houses of the
State Legislature. He/ She can summon these bodies to meet at places and at
such times which he/ she thinks fit or appropriate. But a necessary condition
should be kept in mind is that the time period between the two sessions of these
Houses should not exceed six months. Also as mentioned in Article 174 of the
Indian Constitution, the Governor has the power to prorogue either House and to
dissolve the Legislative Assembly.
Speaker and Deputy Speaker
There is a need for head or in charge of every legislative part. The Speaker and
Deputy Speaker serve the same purposes in the Legislative Assembly. Article
178 of the Indian Constitution talks about the same. According to this article,
there should be a Speaker and Deputy Speaker should be chosen from the
Legislative Assembly. In this, it is also mentioned that the condition where if the
office of Speaker and Deputy Speaker becomes vacant then it becomes the duty
of the Legislative Assembly to choose the new Speaker and Deputy Speaker
respectively.
Powers and Functions of Speaker

Article 178 gives the power to Speaker to preside over the sessions of the
Legislative Assembly of the state. Similar powers are given to the Speaker of the
Lok Sabha, as mentioned in Article 93 of the Indian Constitution. The power and
position of an Indian Speaker are quite similar to the Speaker of the House of
Commons in England.
The most important function of the Speaker is to preside over the sessions of the
Legislative Assembly and also to maintain discipline and order in the assembly.
Within the assembly, the Speaker is the master. He has the power to decide
whether the Bill is a Money Bill or not. Also, the decision of Speaker cannot be
challenged in a court of law. Money Bills are sent to the Legislative Council with
the approval of the Speaker. The salary of Speaker is given from the
Consolidated Fund of State.
The other functions/ powers of the Speaker are as follows:
 He/she does not participate in the debate of the assembly.

 Only votes when there is a condition of a tiebreak.
 He/She sees whether there is a necessary quorum.
 He has the power to adjourn or suspend the sitting of the Legislative
Assembly when there is not a necessary quorum and also to maintain the
discipline of House.
 He/She has the power to suspend or to expel the member for his/ her
unruly behaviour.
Chairman and Deputy Chairman of the Legislative Council: Article 182,183,184,185

The working of the Legislative Council is quite complex. The process of
membership, the appointment of its head and the power of the Legislative
Council is also quite difficult to understand. According to Article 182 of the Indian
Constitution, the Legislative Council must choose its two members as Chairman
and Deputy Chairman. It also mentions that the Legislative Council must choose
the Chairman and Deputy Chairman of the Legislative Council as soon as their
office becomes vacant.
The offices of Chairman and Deputy Chairman becomes vacant very often.
However, the reason for their removal/ resignation is mentioned in Article 183 of
the constitution. The reasons are as follows:
6. Should not hold their post if they are not a member of the Legislative
Council.
7. By sending the written resignation letter to each other.
8. They can be removed by passing a resolution in the Council. However,
there should be a majority of members in support of this resolution. An
important point to be remembered while passing a resolution that a notice
of the intention of resolution should be given before 14 days.
Now imagine a condition when there is a vacancy in seat of Chairman of the

Legislative Council. Then, the question which would strike us would be related
to the replacement of his/ her place in the Legislative Council or who will look
after the working of the Legislative Council. The answer to the second part of the
question is given in Article 184 of the Indian Constitution. According to this
Article, the Deputy Chairman has the power to perform the duties and to act as
Chairman of the Legislative Council. According to Article 184, if there is a
vacancy in the office of Chairman then all duties of Chairman would be
performed by the Deputy Chairman and in case if the office of Deputy Chairman
is also vacant then the duties of Chairman would be performed by the person
appointed by the Governor.
Talking about Article 185 of the Indian Constitution, it puts certain restrictions
on Chairman or Vice-Chairman when their impeachment resolution is under
consideration. It simply tells that a Chairman or Vice-Chairman can not preside
the Council when the resolution for their impeachment is under consideration.
Here in this condition, Article 184 will be applied. Also, it is given in Article 185
that when such resolution is under consideration then the Chairman has all the
right to attend the proceedings of the Legislative Council and he/she will have all
the right to speak during such proceedings. Here, the Chairman has the right to
vote in the first instance of the proceedings but he/she will not be able to vote in
the condition of equality of votes.
Legislative Procedure: Article 196

The main purpose of Legislature is to make laws, pass a bill etc. To understand
the working of Legislature or Legislative Procedure let us first discuss the term
“Bill”. By Bill, we mean a draft of the legislative proposal. This bill after getting
assent from both the Houses of Legislature becomes an Act after getting assent
from the Governor. Article 196 of the Indian Constitution tells us about the
provisions of the introduction and passing of the Bill. Except for the Money Bill
and the Financial Bill ( procedure of passage of these bills are given in Article
198 and 207), the other bills can be introduced in either Houses of the
legislature. Any bill is said to be passed only when it got assent from both the
Houses of the legislature. Here both the Houses should agree on the amendment
made to the bill. A bill would not lapse when it is pending in the House and there
is the prorogation of that House. A bill pending in the Legislative Council of any
state which is not passed by the Legislative Assembly shall not lapse even on the
dissolution of the Legislative Assembly. Also, there is a condition mentioned in
Article 196 which states that if there is a bill pending in the assembly and at that
time the assembly dissolute, then the bill will also lapse ultimately. The bill will
also lapse if it is passed by the assembly and is pending by the Council.
Ordinary Bills
The provision or the procedure related to Ordinary Bill is discussed in Article 196
of the Indian Constitution. The main purpose of the State Legislature is law-
making as already being discussed in this article earlier. The legislature can
make laws on State List as well as on Concurrent List. Ordinary Bill can be
introduced in either of the Houses. The process given in Article 196 is applied
here and once it gets the sign from the Governor it becomes law. The Governor
has the power to issue ordinance when there is a need of any law and the
legislature is not in session.
Money Bills
A Money Bill is a bill that is concerned with government spending or taxation.
The procedure to pass a Money Bill is quite different from the Ordinary Bill. Its
procedure is given in Article 198 of the Indian Constitution. According to this
Article of the Constitution of India, the Money Bill can only be introduced in the
Lower House i.e. in Legislative Assembly. After the Money Bill is passed by the
Legislative Assembly and in that state, then this bill would be forwarded to the
Legislative Council for its recommendations. The same bill should be returned to
the assembly within fourteen days from the date of receiving the bills. The
assembly can either accept the recommendation or can deny any
recommendations according to the discretion of the assembly. The same bill is
then again sent to the Council and the Council has a time period of fourteen
days to pass the bill. In case the Legislative Council fails to do so, then it is
deemed to be passed by both the Houses.
Assent to Bills: Article 200

Till now we have seen how a Bill gets assent from Houses of the state
legislature. After this, Article 200 comes into play. As mentioned in Article 200,
the bill after getting assent of both Houses and is then sent to Governor. It then
comes under the discretion of the Governor whether to give assent or withhold
his assent. He/she can also reserve assent for the consideration of the President.
Here the Governor has to return this bill to the State Legislature as soon as
possible with the message of recommendation. Here again, these
recommendations can be either accepted or rejected by the legislature and once
again this bill is again sent to the Governor for his confirmation. Now he has only
two options left with him, he can either give assent to this bill or can reserve it
for further consideration from the President.
Bills reserved for President’s consideration: Article 201

The bill which is reserved for the consideration of the President should have
reasonable grounds for being reserved. Any bill can be reserved by the Governor
which he/ she thinks is against the law. The further procedure of this Bill is given
in Article 201 of the Indian Constitution. The Bill which is reserved for the
President for his/her consideration should either be given assent by him/her. The
President can also withhold his/her assent. The President then directs the
Governor to return the bill to the House/Houses of Legislature with a message
which was sent earlier by the Governor (according to Article 200 of the
constitution). This bill should be reconsidered by the State Legislature within a
period of six months. And again if the bill is passed by both Houses, then it is
again presented before the President for its consideration.
An example of the contradiction to this Article came in the case of K.P.

Kochanujan Thirumulpad vs State Of Kerala where a petition was filed and a
question was asked on the legality of a bill which was passed before any
direction came from the President during the period of reconsideration. Here the
petition was rejected and it was held that there are certain restrictions/ grounds
on which Article 201 does not apply.
Language to be used in the Legislation: Article 210

All the proceedings in the State Legislature like the law-making process should
be in the official language or in the language of the state or in Hindi or in
English. It is given in Article 210 of the Indian Constitution. Here, under the
special circumstances the Chairman or Deputy Chairman may allow the member
to use other languages (who cannot express himself/herself in any of the
languages as mentioned above in this article). Here, the role of language which
is to be used in the legislation becomes very vital. However, there is a provision
that determines that if the State Legislature does not make any law for using the
English language even after fifteen years, then the word English from Article 210
will get eliminated by itself.
Procedure in Financial Matters: Articles 202 to 207

The State Legislature of every state follows a special procedure in the matters
related to finance. These procedures are given in Article 202 to Article 207 of the
Indian Constitution. The procedure which is mentioned in these articles are as
follows:
9. Article 202 (Annual Financial Statement): It is the duty of the Governor to

lay down the estimated receipts and expenditure of the State for that
year. It is known as the Annual Financial Statement.
10. Article 203 (Procedure in the legislature related to estimates): The
estimates that relate to expenditure from the Consolidated Fund of a State
should not be submitted to a vote of the Legislative Assembly. But nothing
mentioned here should be construed as preventing the discussion of the
Legislatures that relates to those estimates. Demand for a grant can be
made only on the recommendation of the Governor.
11. Article 204 (Appropriation Bill): After making the grants under Article 203,
the assembly shall introduce a bill that will provide for the appropriation
out of the Consolidated Fund of the State for the matters related to
money which is granted by the assembly.
12. Article 205 (Supplement, Additional or excess grants): In this Article, the
Governor can allow supplement grants (when the expenditure is more
than what was estimated) and he/ she has the power to extend the
granted money for any particular service.
13. Article 206 (Vote on Accounts, Votes of Credit or Exceptional Credits):
This Article talks about the power or authority of the Legislative Assembly
to grant in the given situation.
o In advance in respect of the estimated expenditure for a part of any
financial year pending the completion of the procedure given in
Article 203.
o To make a grant for meeting an unexpected demand upon the
resources of the State.
o To make exceptional grants which are not a part of the current
financial year.
14. Article 207 (Special Provisions related to Financial Bills): Financial Bill
should not be introduced in the Legislative Council and without the
recommendation of the Governor.
General Rules of Procedure

It is important for every organ of the State to make certain rules and regulations
for its proper functioning. Similarly, there are some general rules of procedure
made for the smooth functioning of the State Legislature. These are given from
Article 208- Article 212 of the Indian Constitution. All the provisions under these
Articles are explained below:-
 Article 208– Houses of the State Legislature has the power to make rules
and regulations for its conduct, its procedure and the conduct of its
business.
 Article 209– Regulation by law of procedure in the Legislature of the State
in relation to financial business.
 Article 210– It talks about the language which is to be used in the
Legislature.
 Article 211– It is about the restriction of the topic on which there will be
no discussion in the Legislature.
 Article 212– This Article tells that Courts can not inquire into proceedings
of the Legislature.
Conclusion
In this article, we have discussed all the aspects of the State Legislature. One of
the loopholes is that it is not compulsory for the states to have Council and it
disturbs the uniformity in State Legislature of different States.. I think there
should be uniformity in the State Legislature system. But this can sometimes be
considered as the beauty of the Indian Constitution as it gives the chance to the
State Assembly to decide on the same issue. Part VI of our Constitution has
made it very clear about the functions, way of functions and the various power
given to the State Legislature.
Bharatiya Janata Party's (BJP) MP Om Birla was unanimously elected as the

Speaker of the 17th Lok Sabha on 19th June 2019.
Since the Indian System of Government follows the Westminster Model, the
Parliamentary proceedings of the country are headed by a presiding officer, who
is called the Speaker.
India’s first Prime Minister Pt. Jawahar Lal Nehru had said that in a parliamentary
democracy, the Speaker represents the dignity and the freedom of the House
and because the House represents the country, the speaker in a way becomes the
symbol of the country’s freedom and liberty.
Speaker of the Lok Sabha

 The Lok Sabha, which is the highest legislative body in the country,
chooses its Speaker who presides over the day to day functioning of the
House.
 Electing the Speaker of the House is one of the first acts of newly
constituted House.
 The office of the Speaker is a Constitutional Office. The Speaker is
guided by the constitutional provisions and the Rules of Procedure and
Conduct of Business in Lok Sabha.
 The Speaker is placed very high in the Warrant of Precedence in the
country i.e. at rank 6.
 Adequate Powers are vested in the office of the Speaker to help her/him
in the smooth conduct of parliamentary proceedings.
o The constitution provides that the Speaker’s salary and

allowances are not to be voted by the Parliament and are to be
charged on the Consolidated Fund of India.
o In the Lok Sabha chamber, the Speaker’s chair is distinctively
placed to enable a commanding view of the entire House.
 The Speaker is assisted by the Secretary-General of the Lok Sabha and
senior officers of the Secretariat on parliamentary activities, practice and
procedure.
 In the absence of the Speaker, the Deputy Speaker discharges the
functions. A member from the Panel of Chairmen presides over the
House in the absence of both the Speaker and the Deputy Speaker.
Election of the Speaker

 No specific qualifications are prescribed for being elected as the
speaker.
o The constitution states that the Speaker must be a member of

the House but an understanding of the constitution and
conventions of the Parliament is considered a major asset.
 The House elects its presiding officer by a simple majority of members
present, who vote in the House.
 Usually, a member belonging to the ruling party is elected Speaker.
o The process has evolved over the years where the ruling party
nominates its candidate after informal consultations with leaders
of other parties and groups in the House.
o Once the decision on the candidate is taken, the name is normally
proposed by the Prime Minister or the Minister of Parliamentary
Affairs.
o This convention ensures that once elected, the Speaker enjoys
the respect of all sections of the House.
 There are also instances when members not belonging to the ruling
party were elected to the office of the Speaker.
o GMC Balayogi and Manohar Joshi belonging to the TDP and the
Shiv Sena respectively served as the Speaker in the 12th and 13th
Lok Sabha during the NDA coalition headed by the BJP.
 After the speaker is elected, the Prime Minister and the Leader of the
Opposition (if there in the House, otherwise, the leader of the largest
party in the House in the opposition) escort the Speaker to the Chair.
 When the Lok Sabha is dissolved, the Speaker remains in his office till
the first meeting of the new assembly when the new speaker is elected.
Removal of the Speaker

 The Speaker’s term is coterminous with the term of the Lok Sabha i.e. 5
years.
 However, the constitution has given the Lower House authority to
remove the Speaker if needed. The House can remove the Speaker
through a resolution passed by an effective majority (more than 50% of
the total strength of the house present and voting) as per Articles 94 and
96 of the Indian Constitution.
 The Speaker can also be removed on getting disqualified from being a
Lok Sabha member under sections 7 and 8 of the Representation of the
People Act, 1951.
 A speaker can also tender his resignation to a Deputy Speaker.
o Dr. Neelam Sanjiva Reddy is the only Speaker who resigned from
the office.
o Dr. Reddy also has the distinction of being the only Speaker who
was later elected as the President of India.
Powers of the Lok Sabha Speaker

According to the Constitution of India, a Speaker is vested with immense
administrative and discretionary powers, some of which are enumerated below:
 The Speaker presides over the meetings in the Lower House. In other
words, the Speaker conducts business in Lok Sabha by ensuring
discipline and decorum among members.
 S/he guards the rights and privileges of the members of Lok Sabha,
deciding who should speak at what time, the questions to be asked, the
order of proceedings to be followed, among others.
 A Speaker uses his/her power to vote, in order to resolve a deadlock.
That is, when the House initiates a voting procedure, the speaker does
not cast a vote in the first instance. It is only when the two sides receive
equal number of votes that the Speaker's vote breaks the deadlock,
making his/her position impartial.
 In the absence of a quorum in the House, it is the duty of the Speaker to
adjourn the House or to suspend any meeting, until a quorum is met.
 The Speaker decides the agenda that must be discussed in a meeting of
the Members of the Parliament.
 The Speaker is invested with the immense powers of interpreting the
Rules of Procedure. Since s/he is a member of the House as well as the
Presiding Officer, s/he ensures the discipline of the House.
o The Speaker ensures that MPs are punished for unruly behaviour.
o A Speaker can also disqualify a Member of Parliament from the
House on grounds of defection (under the Tenth Schedule of the
Constitution).
o A member who flouts the Speaker’s orders or directions may be
named by the Speaker and in such cases, the member may have
to withdraw from the House.
o S/he also issues warrants to execute the orders of the House,
wherever necessary and delivers reprimands on behalf of the
House.
 The Speaker also permits various parliamentary procedures like the
motion of adjournment, the motion of no confidence, the motion of
censure, among others.
 The Speaker presides over the joint sitting of the two Houses of
Parliament.
 Once a Money Bill is transmitted from the Lower House to the Upper
House, the Speaker is solely responsible for endorsing his or her
certificate on the Bill. In other words, s/he is given the pivotal power to
decide whether any Bill is a Money Bill. His/her decision is considered
final.
 Except for the no-confidence motion, all other motions which come
before the House come only after the Speaker permits them.
 The Speaker also decides on granting recognition to the Leader of the
Opposition in the Lok Sabha.
 The Speaker has under his or her jurisdiction, a number of
Parliamentary Committees such as the Rules Committee, the Business
Advisory Committee and the General Purposes Committee. The Speaker
nominates the various Chairmen to these Committees while monitoring
the committees’ workings as well.
 S/he is the ultimate arbiter and interpreter of those provisions which
relate to the functioning of the House. His/her decisions are final and
binding and ordinarily cannot be questioned, challenged or criticized.
Speaker’s Administrative Role

 The Speaker is also the head of the Lok Sabha Secretariat.
 The Speaker's authority over the Secretariat staff of the House and its
security arrangements is supreme.
 No alteration or addition can be made in the Parliament House and no
new structure can be erected in the Parliament Estate without the
Speaker’s permission.
 It is through the Speaker that the decisions of the House are
communicated to individuals and authorities outside the Parliament.
 Speaker decides the form and manner in which the proceedings of the
House are published.
Other Roles and Responsibilities

 Speaker’s approval is sought for the date on which the House will start
before it is convened by the President.
 The Speaker decides the form in which amendments may be moved to
the Motion of Thanks to the President’s address.
 With regard to moving amendments to a Bill, the permission of the
Speaker is required.
 It depends solely on the Speaker to refer any question of privilege to the
Committee of Privileges for examination, investigation and report.
 When a decision of the House is to be ascertained on a motion made by
a member, the question is put by the Speaker before the House to
obtain the decision.
 The Speaker makes obituary references in the House, formal references
to important national and international events and the valedictory
address at the conclusion of every Session of the Lok Sabha and also
when the term of the House expires.
Speaker and Inter-Parliamentary Relations

 S/he is the ex-officio President of the Indian Parliamentary Group. It
was set up in 1949 and functions as the National Group of the Inter-
Parliamentary Union and the main branch of the Commonwealth
Parliamentary Association.
o Inter-Parliamentary Union is an organization made up of national

parliaments from around the world.
o The Commonwealth Parliamentary Association (CPA) has been the
voice of parliamentary democracy across the Commonwealth for
more than nine decades.
 In that capacity, members of various Indian Parliamentary Delegations
going abroad are nominated by him/her after consulting the chairman of
the Rajya Sabha. Most often, the Speaker leads such delegations.
 Besides, the Speaker is the Chairman of the Conference of Presiding
Officers of Legislative Bodies in India.
Introduction
The Indian Polity is divided into three segments namely Legislature, Executive
and Judiciary. The Legislature and Executive go hand-in-hand but Judiciary is
independent in itself. Indian Judicial System is one of the oldest judicial systems
in the world. Indian Judiciary plays an important role in safeguarding the
interests of people and providing a platform for speedy justice to them. The
highest court of Judicial System in India is the Supreme Court. It is the apex
court in India and is the custodian of the Constitution. Justice should be easily
accessible to the people.
Characteristics of the Judiciary
1. One of the Oldest Judicial Systems in the World

India’s judicial system is one of the most prominent judicial systems in the
world. The judicial structure of the country is used to interpret and apply the
laws of the land. Judiciary helps in settling disputes between the parties
amicably. The Doctrine of Separation of powers gives judiciary independence to
interpret laws according to them. Judiciary does not make statutory laws for the
country but interprets and applies the laws in the country.
2. Single and Integrated Judicial System

In India, there is an integrated and unique judicial system that prevails in the
Constitution. Supreme Court is on the top of the integrated hierarchy. After the
Supreme Court, there are the High Courts at the State Level. Under the High
Courts, there is a well-organised hierarchy consisting of district courts and lower
courts. In India, there is one setup that enforces both the Central and the State
laws. India has integrated judiciary because India has a federation with a strong
centre where the centre has more power than the state.
The features of the integrated judiciary are, an individual has a right to appeal to
a higher court when he is not satisfied with the decision of the lower court. The
fact that the high court judges are appointed by the President of India is a
feature of the integrated judiciary. The salaries of high court judges are also
fixed by the parliament is also a feature of the integrated judiciary.
3. Independence of Judiciary
The USA has adopted a system of separation of powers to ensure the
independence of the judiciary. But in constitutional systems based on the
concept of Parliamentary sovereignty, the adoption of separation of powers is
ruled out. This is the case in England. This is also partly the case in India, for in
India the doctrines of Parliamentary and constitutional sovereignty are blended
together. The meaning of independence of the judiciary is the independence of
the exercise of the functions by the judges in an unbiased manner i.e. free from
any external force.
Need for the Independence of the Judiciary
 To check the functioning of the organs.
 Interpreting the provisions of the constitution.
 To act in a fair and unbiased manner.
Importance of Independence of the Judiciary

The meaning of the independence of the judiciary is still not clear after years of
its existence. Our Constitution by the way of the provisions just talks of the
independence of the judiciary but it is not where defined what actually is the
independence of the judiciary. The primary talk on the independence of the
judiciary is based on the doctrine of separation of powers which talks of the
independence of the judiciary as an institution from the executive and the
legislature.
The principle of independence of the judiciary has been laid down in various
human rights instruments, including the Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights (Article 14). There
are also a number of UN Standards and European Framework.
4. Judicial Activism
The term Judicial Activism originated in the United States. Judicial Activism in
the middle of the 20th century had positive implications as courts were viewed
as upholding democratic rights of the people. The concept of judicial activism
grew rapidly over the years and attained a huge legitimacy among the Indian
people in the context of unrestrained behaviours of legislative and executive
organs of the government.
Several scholars praised efforts of judges in the protection of civil rights. Judicial
activists were distinguished civil rights activists. Recently, some people have
described judicial activism as a judge misusing its authority since democracies
thrive on the equal separation of powers among judiciary, executive and
legislature. Excessive activism on the part of the judiciary is sometimes seen as
stepping on to the rights of the other arms of the government.
Judicial Activism is defined as an approach to the exercise of judicial review or a

description of a particular judicial decision in which the judge is willing to decide
on constitutional matters and to invalidate legislative or executive action. Judges
may be called activists for both permitting government action or forbidding it.
Within the framework of democratic ideals, there is a fundamental need for

people’s participation to influence government policies and programmes in the
pursuit of good governance. Indian Judiciary by pioneering judicial activism
played a role of an activist to promote the interests of marginal sections.
5. Judicial Review
The concept of Judicial Review was propounded in the United States of America
in Marbury v. Madison case of 1803 whose judgement was delivered by the then
Chief Justice of the Supreme Court of America, John Marshal. However, when we
talk about it in India, the power of Constitutional Review has been within the
Supreme Court and High Court through the Constitution itself. Also, the
Supreme Court of India has declared the Judicial Review power as a basic
structure of the Constitution which cannot be taken away even by way of
Constitutional Amendment. If during the Judicial Review, any legislative
enactment or executive order of either State Government or Central Government
is found to be in violation of the Constitution it will be declared as invalid.
Types of Judicial Review in India

 Judicial Review of constitutional amendments.
 Judicial Review of legislation of the Parliament and state legislatures and
subordinate legislation.
 Judicial Review of administrative action of the Union and the State and
authorities under the State.
Importance of Judicial Review in India

 Judicial Review helps in maintaining the supremacy of the Constitution.
 Federal Equilibrium that is the distribution of power between the Centre
and the States is maintained.
 Fundamental Rights of the Citizens are protected.
Judgements in various cases propounding the essence of Judicial Review:
15. A.K. Gopalan v. State of Madras [1]
“In India, it is the Constitution that is supreme and that a statute law to be
valid, must be in conformity with the constitutional requirements and it is for the
judiciary to decide whether any enactment is constitutional or not.”
16. State of Madras v. V.G. Row [2]
“Our constitution contains express provisions for judicial review of legislation as

to its conformity with the constitution. This is especially true as regards the
Fundamental Rights, to which the court has been assigned the role of the
sentinel on the qui vive.”
17. Kesavananda Bharati v. State of Kerala [3]
“As long as some fundamental rights exist and are a part of the Constitution, the
power of judicial review has also to be exercised with a view to see that the
guarantees afforded by these rights are not contravened.”
18. Minerva Mills v. Union of India [4]
“It is the function of the judges, to pronounce upon the validity of laws. If courts
are totally deprived of that power, the fundamental rights conferred on the
people will become a mere adornment because rights without remedies are as
writ in water. A controlled constitution will then become uncontrolled.”
Click Above
19. L. Chandra Kumar v. Union of India [5]
“The judges of the Supreme Court have been entrusted with the task of
upholding the Constitution and to this end have been conferred the power to
interpret it. It is they who have to ensure that the balance of power envisaged
by the Constitution is maintained and that the legislature and the executive do
not, in the discharge of their functions, transgress constitutional limitations.
20. S.S. Bola v. B.D. Sardana [6]
“The founding fathers very wisely, therefore, incorporated in the constitution

itself the provisions of judicial review so as to maintain the balance of
federalism, to protect the fundamental rights and fundamental freedoms
guaranteed to the citizens and to afford a useful weapon for availability and
enjoyment of equality, liberty and fundamental freedoms and to help to create a
healthy nationalism. The function of judicial review is a part of the constitutional
interpretation itself. It adjusts the Constitution to meet new conditions and
needs of the time.”
6. Interpreter of the Constitution

The constitution of India is the largest written constitution of the world. Supreme
Court acts as an interpreter of the Constitution of India. It is the highest
authority to interpret the Constitution. Supreme Court’s decision will be binding
on all lower courts. The constitutional makers only made the constitution but did
not interpret it. The job of interpreting the constitution was left on the judiciary.
Constitution which is a sacred document of India, the task of interpreting it is on
the judiciary. Judiciary by analysing statutory laws and provisions interprets the
Constitution. Interpretation of the Constitution which in itself is a herculean task,
the judiciary has, again and again, has set precedents for the interpretation of
the Constitution.
7. Guardian of the Fundamental Rights

Fundamental Rights are the basic rights that every person in the country attains
from birth. Fundamental rights are guaranteed in Part III of the Indian
Constitution. There are six fundamental rights recognised by the Constitution of
India. They are Right to Equality, Right to Freedom, Right against Exploitation,
Right to Freedom of Religion, Cultural and Educational Rights and Right to
Constitutional Remedies. Indian Judiciary acts as a guardian of the rights and
freedoms of the people. If a fundamental right of a person is violated he can
approach the Supreme Court or a High Court. The Right to Constitutional
Remedy helps the individuals to protect their rights by seeking protection from
the courts. Supreme Court can issue a writ under Article 32 of the Constitution
whereas the High Court can issue a writ under Article 226 of the Indian
Constitution.
8. Public Interest Litigation System

The concept of Public Interest Litigation was introduced in India in 1860 by P.N
Bhagwati and Krishna Iyer. Public Interest Litigation was introduced because
there was a lack of availability of common public law and expensive legal fees in
India. Judiciary has an inherent feature of PIL. PIL is an extra-judicial remedy
which helps people in enforcing their rights. PIL is a part of judicial activism
which makes the judicial process more democratic.
Features of Public Interest Litigation

 PIL is very affordable because it can be filed at almost no cost, so poor
people can also get justice.
 PIL can be filed when human rights or fundamental rights are violated.
 It can be registered as a writ petition in the High Court or the Supreme
Court.
 Any person can file a PIL for the interest of a group of people.
Conditions for filing a Public Interest Litigation

 PIL should not be politically motivated.
 It should not have any hidden agenda.
 Case of such subject should not be pending in any other court.
Objectives of filing Public Interest Litigation

 It helps in obtaining social justice for all.
 It helps in solving a big issue in a legitimate way through legal
proceedings.
 It is beneficial in claiming rights against the government or private
parties.
 Public Interest Litigation is used for the welfare of the large masses, so it
is very democratic in nature.
Merits of Public Interest Litigation

 Public Interest Litigation is the most inexpensive remedy, thus making it
very affordable for the general public.
 The procedure to file PIL is very easy.
 It deals with environmental law, health issues and human rights.
Demerits of Public Interest Litigation

 Public Interest Litigation has become so popular that the Supreme Court
and the High Court mostly deals with PIL rather than the other cases,
thus, leaving pending cases which are increasing rapidly.
 The political parties and public pressure groups are filing Public Interest
Litigation for their malafide intention.
9. Arbitrator in disputes between Union and States

The Constitution gives to the Supreme Court jurisdiction in all cases of disputes:
21. Between the Government of India and one or more states.

22. Between the Government of India and any state or states on one side and
one or more states on the other and
23. Between two or more states.
State Under Article 12 of the Indian Constitution

Article 12 of the Constitution states that:
“In this Part, unless the context otherwise requires, “the State’’ includes the
Government and Parliament of India and the Government and the Legislature of
each of the States and all local or other authorities within the territory of India
or under the control of the Government of India.”
Scope of Article 12
The definition of State under Article 12 is only applicable to Part III of the Indian
Constitution. Part III contains the fundamental rights that every individual holds
in the country. Though a body of persons may not constitute a ‘State’ they can
be prosecuted by filing a Writ Petition under Article 226 on non-constitutional
grounds or in contravention of some provision only outside the Part III of the
Constitution.
The State in Part III

Unless otherwise, for the purpose of Part III of the Constitution, State includes:
24. Government and Parliament of India i.e. the Executive and Legislature of
the Union.
25. Government and Legislature of each State i.e. the Executive and
Legislature of the various States of India.
26. All local or other authorities within the territory of India.
27. All local and other authorities who are under the control of the
Government of India.
The definition of State is very wide in nature. The word ‘includes’ is not
exhaustive but is inclusive in nature. Through various interpretations and judicial
pronouncements, the word State has widened its scope. Today, the word State
has a wider ambit than what the framers of the Constitution had in their mind
during the making of the constitution.
Whether “State” includes Judiciary?

The question of whether state includes the judiciary is one of the boiling
questions of all time. Courts from time to time have provided various
interpretations of whether the judiciary should come within the ambit of state or
not. In some cases, the judiciary has been considered as a state, in some cases,
it has not been considered as a state. The picture whether judiciary forms a part
of the state or not is deluded. There have been many case laws where the issue
of the judiciary was taken up by the courts. Some of the landmark judgements
are provided below :
In Ratilal v. State of Bombay [7], the court held that in the definition of State
under Article 12 the word ‘judiciary’ is not specifically mentioned. So judiciary is
not a State. Therefore, the judgement of the courts cannot be challenged for
violation of fundamental rights.
The Supreme Court in Ujjam Bai v. Union of India [8], held that a writ of
certiorari could also lie to bodies which are under an obligation to act judicially
or quasi-judicially. Since such a writ lies, it follows that there are some
fundamental rights which can be violated by a judge acting judicially in a court.
Since the binding power of any judgment of the Supreme Court is based on the
fact that it is backed by State which has the power and necessary resources to
enforce, it would only be logical that the Judiciary itself be considered part of the
State.
For example, where a judge denies entry of an untouchable into his courtroom,
he/she would be guilty of violating Article 17. Similarly, if a judge compels
someone to answer incriminating questions he is guilty of violating Article 20(3).
On the above grounds, it was held by the court that Judiciary should come under
the State.
In Prem Chand Garg v. Excise Commissioner [9], the Supreme Court held
that there are two possibilities, one where the judiciary is considered as State
and second where the judiciary is not considered as State. When judiciary acts in
its ‘judicial capacity’, it is not included within the meaning of ‘other authorities’
and is not considered as State. When judiciary acts in its ‘administrative
capacity’, it is included within the meaning of ‘other authorities’ and is
considered as State.
In Parmatma Sharan v. The Chief Justice [10], the Rajasthan High Court
held that the judgement of the court cannot be challenged on the ground that
they violate the fundamental rights whether or not the judgement of the court
suffers any infirmity, it can be decided only in the appeal. However, if the
judiciary acts in an administrative capacity or exercises administrative functions
or makes rules and regulations violating the fundamental rights than it can be
challenged in the courts.
Naresh Shridhar v. State of Maharashtra [11], the majority held that the
suppression of fundamental rights by the court is not having more significance
than the court’s power to decide the trial of the proceedings. The court has full
discretion to hold a public trial or to hold an in-camera trial. The Supreme Court
held that the right under Article 19(1) is also restricted by reasonable
restrictions given in Article 19(2). Furthermore, the court held that the effective
administration of justice is more important even though few fundamental rights
may be violated by the order of the court. If the court decides that the court is a
state, then a writ cannot be issued under Article 32 against its orders as such
orders contain infringement of the fundamental rights of the citizen. Hence, the
judiciary is not a part of the State.
In A.R. Antulay v. R.S. Nayak [12], a constitutional bench of 7 judges of the

Supreme Court held that the court could not give such orders and directions
which violates the fundamental rights of the citizens i.e. the court may also be
included in the state word under Article 12 of the Indian Constitution.
In Rupa Ashok Hurra v. Ashok Hurra [13], the Supreme Court dealt with the
question of whether a writ petition is maintainable under Article 32, to question
the validity of the judgement of the apex court after the review petition has been
dismissed. The court admitted that in the rarest of the rare case a petition under
Article 32 is accepted even after the review petition is rejected. Hence,
otherwise, an order passed by SC was not maintainable to writ jurisdiction under
Article 32. Therefore judiciary is not considered as State under Article 12.
Conclusion
Every authority which comes under Article 12 of the Indian Constitution
constitutes a State. The term ‘other authorities’ is very vast and has changed
with judicial judgements. Courts have laid down various tests to check the status
of authorities, corporations, institutions whether they are state or not and if they
state whether an individual can claim his/her fundamental rights or not. The
term ‘other authorities’ is not defined anywhere in the constitution which gives
full discretion and power to the courts to interpret the term in its own way.
The term State under Article 12 is only applicable to Part III & IV of the Indian
Constitution and does not apply to Article 309, 310 and 311 present in Part XIV
of the Indian Constitution. Therefore, an employee can claim protection under
Part III but cannot safeguard his rights under Article 311 for the civil servants of
the State.
Not all statutory bodies are ‘STATE’.
Both statutory and non-statutory bodies can be state provided they are
‘statutory financed and have deep & pervasive control of government’. Units
such as ONGC, LIC, IFC, Electricity boards, Delhi Transport Corporation are
referred to as State. However, entities such as NCERT is not considered State
because they are not financed by the government and control is not pervasive.
Since the term ‘Judiciary’ did not find any mention in Article 12, it is the root
cause for all the controversies in Part III of the Indian Constitution.
Judiciary should be included in the definition of State. Since the role of the
judiciary is to make rules, regulate practices and procedure of courts, appoint
staff, it performs the role of State. It is a well-established fact that the judiciary
is a State when it performs non-judicial functions. Since it has been recognized
that judicial orders may violate fundamental rights, the judiciary too comes
under the category of State.
Therefore, it is desirable to bring the judiciary under the purview of Part III and
to give the highest justice giving authority to the status of the State.
SPEAKER AND DEPUTY SPEAKER
 The House of the People shall, as soon as may be,
choose two members of the House to be
respectively Speaker and Deputy Speaker thereof
and, so often as the office of Speaker or Deputy
Speaker becomes vacant, the House shall choose
another member to be Speaker or Deputy Speaker,
as the case may be.

Qualification
 No specific qualifications are prescribed for being
elected the Speaker.
 The Constitution only requires that the Speaker
should be a member of the House.
 But an understanding of the Constitution and the
laws of the country and the rules of procedure and
conventions of Parliament is considered a major
asset for the holder of the Office of the Speaker.
Convention
 One of the first acts of a newly constituted House is to
elect the Speaker. Usually, a member belonging to the
ruling party is elected the Speaker.
 A healthy convention, however, has evolved over the
years whereby the ruling party nominates its candidate
after informal consultations with the Leaders of other
Parties and Groupsin the House.
 This convention ensures that once elected, the Speaker
enjoys the respect of all sections of the House.
 There are also instances when members not belonging to
the ruling party or coalition were elected to the Office of
the Speaker.
Term of Office
 Speaker holds Office from the date of his/her
election till immediately before the first meeting of
the Lok Sabha after the dissolution of the one to

which he/she was elected.
 On the dissolution of the Lok Sabha, although the
Speaker ceases to be a member of the House,
he/she does not vacate his/her Office.
Powers and functions of the Speaker
 The Speaker presides over the meetings in the House.
In other words, the business in the House is
conducted by the Speaker, ensuring discipline and
decorum amongst its members.
 He/she guards the rights and privileges of the
members of the two Houses, deciding who should
speak at what time, the questions to be asked, the
order of proceedings to be followed, among others.
Cont...
 A Speaker uses his/her power to vote, in order to
resolve a deadlock. That is, when the House initiates a
voting procedure, he does not cast a vote in the first
instance. However, when the two sides receive an equal
number of votes, the Speaker's vote is used to resolve
the deadlock, making his position as impartial as in the
English system of democracy.
 In the absence of a quorum in the House, it is the duty
of the Speaker to adjourn the House or to suspend any
meeting, until the quorum is met. The Speaker decides
the agenda that must be discussed in a meeting of the
Members of the Parliament.

Cont...
 Once a Money Bill is transmitted from the Lower House to
the Upper House, the Speaker is solely responsible for
endorsing his or her certificate on the Bill. In other words,
he/she is given the pivotal power to decide whether any Bill is
a Money Bill. This decision is considered final, and all
procedures henceforth, must be carried along accordingly.
 The Speaker has under his or her jurisdiction, a number of
Parliamentary Committees such as the Rules Committee, the
Business Advisory Committee and the General Purposes
Committee. The Speaker nominates the various Chairmen of
these Committees, as well as looks into the procedural
hindrances of the workings of these Committees, if any.
CONT...
 Besides heading the Lok Sabha, the Speaker is also
the 'ex-officio' President of the Indian
Parliamentary Group. He/she also acts in the
capacity of Chairman of the Conference of
Presiding Officers of Legislative Bodies in India.
 As part of the Speaker's administrative role, he or
she is the head of the Lok Sabha Secretariat,
maintaining absolute security surveillance in the
Parliament.
Privileges and Immunities
( Art 105 and 194)
 The privileges given to the members are necessary

for exercising constitutional functions. These
privileges are essential so that the proceedings and
functions can be made in a disciplined and
undisturbed manner.
 Art 105 – Parliament.
 Art 194- State Legislature.
Cont...
 Freedom of Speech and Expression.
Art 121 - Prohibits any discussion in the House with
respect to the conduct of the Judge in HC and SC in
the discharge of the duties.
Art 203 – Rules of Procedure – Rules 349 to 356
Use of unparliamentarily language or Conduct of the
member
 Right of Publication of Proceedings.
Other Privileges - Clause(3)
 In other respects, the powers, privileges and
immunities of each House of Parliament, and of the
members and the committees of each House, shall be
such as may from time to time be defined by
Parliament by law, and, until so defined shall be
those of that House and of its members and
committees immediately before the coming into force
of Section 15 of the Constitution (Forty fourth
Amendment) Act 1978
Cont...
 Freedom from Arrest
 Right to exclude strangers from its proceedings and
hold secret session.
 Right to prohibit to publication of its Reports and
Proceedings.
Searchlight Case
 Right to regulate internal Proceedings
 Right to punish members and outsiders for Contempt.
 1977 Loksabha – Smt. Indira Gandhi
Appointment, Transfer and Removal of Judges of the Superior Courts

Appointment 7.3.1 Article 124 vests the power of appointment of the Chief
Justice of India (C.J.I.) and the Judges of the Supreme Court in the President.
The President shall by warrant, make the appointment after consultation with
such of the judges of the Supreme Court and the High Courts of the States, as
he may deem necessary. Also, the provision speaks of „after‟ consultation and
not „in‟ consultation. In the case of appointment of a judge other than the Chief
Justice of India, the C.J.I. shall always be consulted. On a plain reading of the
provision, the power of appointment vests in the President. The President, of
course, means the Executive i.e. The President acting on the advice of Council of
Ministers. The C.J.I. and other such judges of the Supreme Court and the High
Courts shall be consulted by the President, as he may deem necessary. 7.3.2
The appointment of judges of the High Courts is also made by the President
(Executive). The President has to consult the C.J.I., the Governor of the State
and the Chief Justice of the High Court. 7.3.3 In S.P. Gupta’s Case 1[1]
(popularly referred to as the First Judges’ Case) one of the points decided was
whether, as among the three consultees, the C.J.I. has primacy. The Court by a
majority ruled that article 217(1) of the Constitution placed all the three
constitutional functionaries on the same pedestal and that there is no primacy
given to the C.J.I. In S.P. Gupta’s Case no question arose with respect to the
appointment of the Judges of the Supreme Court. 3[1] AIR 1982 SC 149 7.3.4
In the Second Judges’ Case 1[1], inter alia, the Supreme Court examined as to
who, under the Constitution, has the power of appointment of the judges of the
Supreme Court and of the High Courts. By a majority, it ruled that the C.J.I.
while focusing his opinion as part of the consultative process must take into
account the views of the two senior most judges of the Supreme Court, to
ensure that the opinion is not merely his own individual opinion but is in fact the
collective opinion of a body of men at the apex level in the judiciary. Also, the
opinion of C.J.I. so formed should be determinative and almost binding on the
President. The judgement also laid down the procedure. 7.3.5 With regard to the
appointment of judges of the High Court, the majority of the judges ruled in that
case that the C.J.I. might ascertain the views of one or more senior judges of
the respective High Courts, whose opinions were likely to be significant in the
formation of the opinion of the C.J.I. The opinion of the Chief Justice of the High
Court would be entitled to maximum weight and the opinion of the other
functionaries involved must also be given due weight. The opinion of the Chief
Justice of the High Court must be formed after ascertaining the views of at least
two of the senior most judges of that High Court. 7.3.6 Articles 124 and 217,
respectively, provide for the manner of appointment of the judges of the
Supreme Court and the various High Courts. It is provided that every judge of
the Supreme Court or a High Court shall be appointed by the President by
warrant under his hand and seal. The persons to be consulted before such an
appointment is made by the President has been provided in the said articles. The
Supreme Court in the Supreme Court Advocates-onRecords Association v. Union
of India 1[1], (the second judges case) and in re Presidential reference4[1], has
in effect emphasized upon "integrated 'participatory consultative process' for
selecting the best and most suitable persons available for appointment" in which
"all the constitutional functionaries must perform this duty 4[1] Supreme Court
Advocates-on-Record Association vs. Union of India (AIR 1994 SC 268). 5[1] AIR
1994 SC 268 6[1] AIR 1999 SC 1 collectively with a view primarily to reach an
agreed decision, sub-serving the constitutional purpose, so that the occasion of
primacy does not arise" in the matter of appointment of judges. However, in
case of disagreement between the President and the Chief Justice of India, the
opinion of the latter must prevail. The opinion of the Chief Justice of India means
the opinion of a collegium consisting of himself and two senior most judges of
the Supreme Court in matter of Second Judges case and himself and four senior-
most judges in the matter of Presidential reference case. 7.3.7 The matter
relating to manner of appointment of judges had been debated over a decade.
The Constitution (Sixty-seventh Amendment) Bill, 1990 was introduced on 18th
May, 1990 (9th Lok Sabha) providing for the institutional frame work of National
Judicial Commission for recommending the appointment of judges to the
Supreme Court and the various High Courts. Further, it appears that latterly
there is a movement throughout the world to move this function away from the
exclusive fiat of the executive and involving some institutional frame work
whereunder consultation with the judiciary at some level is provided for before
making such appointments. The system of consultation in some form is already
available in Japan, Israel and the UK. The Constitution (Sixty-seventh
Amendment) Bill, 1990 provided for a collegium of the Chief Justice of India and
two other judges of the Supreme Court for making appointment to the Supreme
Court. However, it would be worthwhile to have a participatory mode with the
participation of both the executive and the judiciary in making such
recommendations. The Commission proposes the composition of the Collegium
which gives due importance to and provides for the effective participation of
both the executive and the judicial wings of the State as an integrated scheme
for the machinery for appointment of judges. This Commission, accordingly,
recommends the establishment of a National Judicial Commission under the
Constitution. The National Judicial Commission for appointment of judges of the
Supreme Court shall comprise of: (1) The Chief Justice of India: Chairman (2)
Two senior most judges of the Supreme Court: Member (3) The Union Minister
for Law and Justice: Member (4) One eminent person nominated by the
President after consulting the Chief Justice of India: Member The
recommendation for the establishment of a National Judicial Commission and its
composition are to be treated as integral in view of the need to preserve the
independence of the judiciary. Removal of Judges and remedies for deviant
behaviour 7.3.8 A committee comprising the Chief Justice of India and two
senior-most Judges of the Supreme Court shall be exclusively empowered to
examine complaints of deviant behaviour of all kinds and complaints of
misbehaviour and incapacity against judges of The Supreme Court and the High
Courts. Their scrutiny at this stage would be confined to ascertain whether – (a)
there is substance at all in the complaint; or (b) there is a prima facie case
calling for a fuller investigation and enquiry; or (c) whether it would be sufficient
to administer an appropriate advice/warning to the erring Judge or give other
directions to the concerned Chief Justice regarding allotment of work to such
Judge or to transfer him to some other court. If, however, the committee finds
that the matter is serious enough to call for a fuller investigation or inquiry, it
shall refer the matter for a full inquiry to the committee [constituted under the
Judges‟ (Inquiry) Act, 1968]. The committee under the Judges Inquiry Act shall
be a permanent committee with a fixed tenure with composition indicated in the
said Act and not one constituted ad-hoc for a particular case or from case to
case, as is the present position under Section 3(2) of the Act. The tenure of the
inquiry committee shall be for a period of four years and to be reconstituted
every four years. The inquiry committee shall be constituted by the President in
consultation with the Chief Justice of India. The membership of the inquiry
committee shall not be full time salaried employment. But the terms and other
conditions of service of the Members of the committee shall be such as may be
specified in the notification constituting the inquiry committee. The inquiry
committee shall inquire into and report on the allegation against the Judge in
accordance with the procedure prescribed by the said Act, i.e. in accordance with
the sub-sections (3) to (8) of Section 3 and sub-section (1) of Section 4 of the
said Act and submit their report to the Chief Justice of India, who shall place
before a committee of seven senior-most judges of the Supreme Court. The
Committee of seven Judges shall take a decision as to - whether (a) findings of
the inquiry committee are proper and (b) any charge or charges are established
against the judge and if so, whether the charges held proved are so serious as to
call for his removal (i.e. proved misbehaviour) or whether it should be sufficient
to administer a warning to him and/or make other directions with respect to
allotment of work to him by the concerned Chief Justice or to transfer him to
some other court (i.e. deviant behaviour not amounting to misbehaviour). If the
decision of the said committee of judges recommends the removal of the Judge,
it shall be a convention that the judge promptly demits office himself. If he fails
to do so, the matter will be processed for being placed before Parliament in
accordance with articles 124(4) and 217(1) Proviso (b). This procedure shall
equally apply in case of Judges of the Supreme Court and the High Courts except
that in the case of a Supreme Court Judge the judge against whom complaint is
received or inquiry is ordered, shall not participate in any proceeding affecting
him. It shall also be proper, in appropriate cases, for the Chief Justice of the
High Court or the Chief Justice of India, to withhold judicial work from the judge
concerned after the inquiry committee records a finding against the judge. 7.3.9
Article 124(3) contemplates appointment of Judges of Supreme Court from three
sources. However, in the last fifty years not a single distinguished jurist has
been appointed. From the Bar also, less than half a dozen Judges have been
appointed. It is time that suitably meritorious persons from these sources are
appointed. Age of Retirement of Judges of the Supreme Court and the High
Courts 7.3.10 The Commission recommends that the retirement age of the
Judges of the High Court be increased to 65 years and that of the Judges of the
Supreme Court be increased to 68 years. 7.3.11 The Commission recommends
that in the matter of transfer of Judges, it should be as a matter of policy and
the power under article 222 and its exercise in appropriate cases should remain
untouched. The President would transfer a Judge from one High Court to any
other High Court after consultation with a committee comprising the Chief
Justice of India and the two senior-most Judges of the Supreme Court. Contempt
of Court 7.4.1 Article 129 recognizes the power of the Supreme Court to punish
for contempt of itself and similarly article 215 of the Constitution recognizes the
power of the High Court to punish for contempt of itself. Judicial decisions have
been interpreted to mean that the law as it now stands, even truth cannot be
pleaded as a defence to a charge of contempt of court. This is not a satisfactory
state of law. Article 19(1)(a) of the Constitution guarantees to all citizens the
right to freedom of speech and expression. Article 19(2) saves reasonable
restrictions on the exercise of such right by the operation of any existing law and
enables the legislature to make such law imposing, in public interest, reasonable
restrictions on the exercise of the freedom. Therefore, article 19(2) of the
Constitution will not save a law in relation to contempt of court if it impinges
upon the right to freedom of speech and expression unless the restrictions are
reasonable and are in public interest. If the restrictions that operate upon such
rights are unreasonable, they will stand annulled by the operation of article
19(1)(a) of the Constitution. A total embargo on truth as justification may be
termed as unreasonable restriction. It would, indeed, be ironical if, in spite of the
emblems hanging prominently in the court halls, manifesting the motto of
“Satyameva Jayate”, in the High Courts and “Yatho dharma statho jaya”, in the
Supreme Court, the courts could rule out the defence of justification by truth.
The Commission is of the view that the law in this area requires an appropriate
change.

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Commencement, Repeal &

• The term Commencement means the day on

which the Act comes in to force.

-In U.K the rule is that if the language of a

Statute clearly provides that the statute is to

come in to force on a particular date it will

come in to force at the 1st moment of that day.

(i.e. to say immediately after “ZERO HOURS”

• Where no particular time of commencement of a

statute if provided it shall come in to force after

its title, the date of its passing and receiving the

• Where the Act is o expire shortly and a bill has

been passed to continue the Act, but it receives

the royal assent after the Ac has expired.

• The continued Act will be deemed to have come

in to force on the date of the expiration , even

though no person can be punished under the Act

which has expired.

• Sec 3 ( 13) of the General Clauses Act, 1897

says that Commencement used with reference

to an Act or Regulation shall mean he day on

• This Act does not insist on publication of a

statute to come in o force, it comes in to force

immediately after the Zero hour on that

particular date on which it has expressed to

• If no particular day or date of commencement is

1. A statute comes in to force at the first moment

of the day the assent of president is received.(

i.e to say at zero hour on the date of assent)

2. Before the commencement of the constitution

in India :- the statute comes in to effect once it

gets the assent of the Governor General.

Sec 20 of the General Clauses Act :- if by any

central Act or regulation , a power to issue any

order, scheme,rule,form or bye law is

conferred, they shall have the same acts

expressions in the conferring and conferred

Acts will have same meaning ( normally it is

presumed hat these will take effect from date

of their publication in official gazette.

State Acts :-as far state governments are concerned

many states in India have their own “ General

Clauses Act” and rules and there in govern he

commencement of the respective state Acts

- For Eg: G.C Act of U.P, Bihar, M.P, Orissa provide

that where no specific date of commencement of

the day it receives the assent of the Governor of

• G.C Acts of some states provide that a statute

will come in to force where no specific date

has been provided , it comes in to force on he

date of publication of a statute in official

gazette after receiving assent of the Governor.

• Basis of this rule :-

a) That a statute commences from the date it

receives the assent of the president or

b) That Acts are passed through the discussions

on the floor of the parliament or the state

legislatures where representatives of the

people are present and participating in the