Special Address by the President

Article 87

  • Rights of Ministers and Attorney-General as respects houses
  • Ministers and the Attorney-General have right to speak
  • They can take part in the proceedings of
  • any joint sitting of the house
  • either house
  • any committee of parliament being its member

 

Officers of Parliament

Council of states

  • Chairman and Deputy Chairman
  • Article 89
  1. The Vice-President of India is the ex-officio chairman of the council of states
  2. The council of states shall choose a member of the council to be deputy chairman

Article 90

  • Vacation and resignation of, and removal from, the office of deputy chairman
  • Deputy chairman
  1. shall vacate his office if he ceases to be a member of the council
  2. may at any time, by writing under his hand addressed to the chairman, resign his office
  3. may be removed from his office by a resolution of the council passed by a majority of all the then members of the council

Article 91

  • Deputy Chairman or the Deputy Chairman cannot preside or vote while a resolution for his removal from office is under consideration

House of the People

  • Speaker and Deputy Speaker
  • Article 93
  • House of the people shall choose the speaker and deputy speaker
  • Article 94
  • Vacation and resignation of and removal from, the offices of speaker and deputy speaker
  • Speaker or Deputy Speaker
  1. shall vacate his office if he ceases to be a member of the house of the people
  2. may at any time, writing under his hand addressed
  • if such member is the speaker, to the Deputy speaker
  • if such member is the deputy speaker, to the speaker, resign his office
  1. may be removed from his offices by a resolution of the house of the people passed by a majority of all the then members of the house
  • Whenever the house of the people is dissolved, the speaker shall not vacate his office until immediately before its next meeting

Article 95

  • Powers of the Deputy Speaker
  1. While the office of speaker is vacant
  • Deputy Speaker acts as speaker
  • President may appoint another person for the purpose in the absence of deputy speaker

Article 96

  1. The speaker or the deputy speaker cannot preside while a resolution for his removal from office is under consideration
  2. the speaker shall take part in the proceedings and he is entitled to vote only in the first instance but not in the case of an equality of votes

 

Conducts of Business in Parliament

Article 100

  1. All questions at any sitting of the house shall be determined
  • by a majority of votes of the members present voting
  • The chairman or speaker, or person acting as such
  • shall not vote in the first instance
  • can only exercise a casting vote in the case of an equality of votes
  1. Either house of parliament have power to act irrespective of the vacancy in the membership
  2. one-tenth of the total number of members of the house is required to constitute a meeting in either house of parliament
  3. chairman or speaker, or person acting as such can either adjourn the house or suspend the meeting until there is a quorum

 

Disqualifications of Members of Parliament

Article 101

  • Vacation of seats
  • No person shall be a member of
  • both houses of parliament
  • both parliament and house of the legislature of a state
  • A seat becomes vacant if
  • he is disqualified under article 102
  • the member resigns by writing under his hand addressed to the chairman or speaker
  • the member is absent for sixty days without permission of the house

Article 102

  • Disqualifications for membership
  • A member of either house of parliament shall be disqualified
  1. if he holds any office of profit
  2. if he is of unsound mind and stands so declared by a competent court
  3. if he is an un discharged insolvent
  4. if he
  • is not a citizen of India
  • has voluntarily acquired the citizen of a foreign state
  • is under any acknowledge or allegiance or adherence to a foreign state

Article 103

  • Decision on questions as to disqualifications of members
  • Disqualification of a member under article 102 is referred for the decision of the president and his decision is final
  • the president shall obtain the opinion of the Election Commission and act accordingly

Article 104

  • Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified

 

Powers, Privileges and Immunities of Parliament and its Members

Article 105

  1. There shall be freedom of speech in Parliament
  2. NO member of Parliament shall be
  • liable to any proceedings in any court
  • in respect of anything said in Parliament or any committee for any vote given by him in parliament or any committee
  • liable for the publications of parliament of any report, paper, votes or proceedings

 

Legislative Procedure

Article 107

  • Provisions as to introduction and passing of bills
  • Subject to the provisions of articles 109 and 117, a bill may originate in either house of parliament
  • A Bill
  • pending in parliament shall not lapse by reason of the prorogation of the house
  • pending in the council of state which has not been passed by the house of the people shall not lapse on dissolution of the house of the people
  • lapses on dissolution of the house of the people, if
  • the bill is pending in the house of the people
  • he bill is already passed by the house of the people but pending in the council of states

Article 108

  • Joint sitting of both houses n certain cases.
  • President may summon for a joint sitting, if
  • the Bill is passed by one houses but rejected by the other house
  • the Bill is passed by one houses but the other house has disagreed as to the amendment to be made in the Bill
  • the Bill is passed by one house but not passed in the other house for more than six months from the date of the reception of the bill
  • nothing in this clause shall apply to a Money Bill
  • If President intends of summoning a joint sitting, neither house shall proceed further with the Bill

Article 109

  • Special procedure in respect of Money Bills
  • A Money Bill shall not be introduced in the council of states
  • Money Bill, passed by the house of the people is sent to the council of states for its recommendations
  • council of states shall return the Bill to the house of the people with its recommendations, within a period of fourteen days from the date of its receipt of the Bill
  • House of people may either accept or reject all or any of the recommendations of the council of states
  • If a Money Bill is not returned to the house of the people within fourteen days, it shall be deemed to have been passed by both houses in its original form

Article 110

  • Definition of “Money Bills”
  • a bill is deemed to be a Money Bill if it deals with
  1. imposition, abolition, remission, alternation or regulation of any tax
  • regulation of the borrowing of money
  • given of any guarantee by the government of India any financial obligations undertake or to be undertaken by the Government of India
  1. the custody of the
  • Consolidated fund of India
  • Contingency fund of India
  • payment or withdrawal of money from any such fund
  1. appropriation of money out of the Consolidated fund of India
  2. expenditures of the consolidated fund of India
  3. The receipt of money on account of
  • public account of India
  • consolidated fund on India

The audit of the accounts of the Union or of a state

  • A Bill shall not be deemed to be a Money Bill by reason only that it provides
  • for the imposition of fines or other pecuniary penalties
  • for the demand or payment of fees licences or fees for services rendered
  • for tax provisions by any local authority or body for local purposes
  • If any question arises whether a Bill is a Money Bill or not, the decision of the speaker of the house of the people is final

Article 111

  • Assent to Bills
  • Any Bill passed by the Houses of parliament is sent to the president for his assent
  • President may
  • assent the bill at the first instance
  • or return the Bill, if it is not a Money Bill
  • A Bill
  • returned by President can be passed by the houses with or without amendment
  • so passed is presented to the president for assent, the president shall not withhold assent there from

 

Procedure in Financial Matters

Article 112

  • Annual financial statement
  1. Every financial year, the president lays the Annual Financial Statement before both the houses of parliament
  2. The estimates of expenditure constitutes
  3. expenditure charged upon the Consolidated Fund of India
  4. expenditure proposed to be made from the Consolidated fund of India
  5. Expenditure charged on the Consolidated fund of India
  6. the emoluments and allowances of the president
  7. the salaries and allowance of
  • the chairman and the deputy chairman of the council of states
  • the speaker and the deputy speaker of the houses of the people
  1. Debt charges of Government

Salaries, allowances and pensions of judges of the Supreme Court

Salary, allowances and pensions of the Comptroller and Auditor-General

Pensions to the judges of High Court

Article 113

  • Procedure in parliament with respect to estimates
  1. expenditure charged upon the consolidated fund of India
  • shall not be submitted to the vote of parliament
  • shall be discussed by the parliament
  1. other expenditure charged from consolidated fund of India are submitted in the form of demands for grants to the house of the people
  • House of the people have power
  • to assent, or to refuse to assent, to any demand
  • to assent to any demand subject to a reduction of the amount specified therein
  1. No demand for a grant shall be made except on the recommendation of the president

Article 114

  • Appropriation Bills
  1. Appropriation bill is introduced for the appropriation of the funds from the consolidated fund of India
  2. Bills cannot be amended
  • to vary the amount or alter the destination of any grant
  • to vary the amount of any expenditure charged on the consolidated fund of India

Article 115

Supplementary, additional or excess grants

  • The president shall lay before both the houses of parliament another statements for excess grants

Article 116

  • Votes on account, votes of credit and exceptional grants
  • The houses of the people have power
  1. to make any grant in advance
  2. to make a grant for meeting an unexpected demand upon the magnitude or the indefinite character of the service
  3. to make an exceptional grant which forms no part of the current service of any financial year

Procedures of Parliament

Article 118

  • Each house of parliament may make rules for conduct of its business
  • President makes rules for conduct of joint sitting in consultation with heads of both the houses of parliament
  • Joint sitting of the two houses are presided by the speaker of the house of the people

Article 120

  • Business in Parliament shall be transacted in Hindi or in English
  • Any member who cannot adequately express himself in Hindi or in English can address the house in his mother-tongue

Article 121

  • Restriction on discussion parliament
  • No discussion shall take place in parliament regarding the conduct of any Judge of Supreme Court or High Court

Article 122

  • Courts not to inquire into proceedings of parliament
  1. The validity of proceedings in parliament cannot be questioned on the grounds of irregularly of procedure
  2. No officer or member or parliament shall be subjected to the jurisdiction of any court

 

Legislative Powers of the President

Article 123

  • Power of president to promulgate Ordinances during recess of parliament
  1. When both houses of parliament are not in session, president may promulgate ordinances as the circumstances appear to him to require
  2. An ordinance promulgated under this articles shall have the same force and effect as an act of parliament
  • Such Ordinances
  • must be laid before both houses of parliament
  • cease to operate at the expiration of six weeks from the reassembly of parliament
  • may be withdraw, at any time by the president