Legislative Procedure of the Parliament – Article 107-122

Legislative powers of the parliament

Articles 107-122 of Chapter II (Parliament) within the half V (Union) of Constitution of Bharat deals with 3 sub-topics namely: Legislative Procedure, Procedure in monetary Matters and Procedure usually. These articles square measure vital, because it throw lightweight on Joint Sitting (108), Definition of cash Bills (110), Annual plan (112), Supplementary, further and excess grants (115) etc. Reading these articles, one would get plan not solely concerning numerous forms of bills within the Parliament, however conjointly concerning the procedure for passing of bills.

Legislative Procedure

ARTICLE 107: Provisions on Introduction and spending of bills

Subject to the provisions of articles 109 and 117 with reference to cash Bills and different monetary Bills, a Bill could originate in either House of Parliament. Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to own been glided by the home of Parliament unless it’s been in agreement to by each home, either while not change or with such amendments solely as square measure in agreement to by each home. If a bill unfinished in Parliament shall not lapse by reason of the deferral of the home. If a bill is unfinished within the Council of States that has not been glided by the House of the folks shall not lapse on a dissolution of the House of the folks. wherever a Bill that is unfinished within the House of the folks, or that having been glided by the House of the folks is unfinished within the Council of States, shall subject to the provisions of article 108, lapse on a dissolution of the House of the folks.

ARTICLE 108: Joint sitting of each home in bound cases

If when a Bill has been glided by one House and transmitted to the opposite House –

(a) the Bill is rejected by the opposite House; or if the home has finally disagreed on the amendments to be created within the Bill; or if quite six months lapse from the date of the reception of the Bill by the opposite House while not the Bill being glided by it,

the President could, unless the Bill has irreligious by reason of a dissolution of the House of the folks, send word to the home by message if they’re sitting or by public notification if they’re not sitting, his intention to summon them to fulfil in an exceedingly joint sitting for the aim of deliberating and pick on the Bill as long as nothing during this clause shall apply to a cash Bill. In reckoning any such amount of six months as is spoken in clause (1) no account shall be taken of any amount throughout that the House spoken in sub-clause (c) of that clause is prorogued or adjourned for quite four consecutive days. wherever the President has below clause (1) notified his intention of invocation the home to fulfil in an exceedingly joint sitting, neither House shall proceed any with the Bill, however the President could at any time when the date of his notification summon the home to fulfil in an exceedingly joint sitting for the aim laid out in the notification, and if he will therefore, the home shall meet consequently.  If at the joint sitting of the 2 home the Bill, with such amendments, if any, as square measure in agreement to in joint sitting, is glided by a majority of the overall range of members of each home gift and pick, it shall be deemed for the needs of this Constitution to own been passes by each Houses: as long as at a joint sitting –

(a) If the Bill, having been glided by one House, has not been glided by different House with amendments and came to the House within which it originated, no change shall be planned to the Bill apart from such amendments (if any) as square measure created necessary by the delay within the passage of the Bill;

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(b) If the Bill has been therefore passed and came, solely such amendments as said shall be planned to the Bill and such different amendments as square measure relevant to the matters with reference to that the home haven’t in agreement,

and the call of the person presiding on the amendments that square measure admissible below this clause shall be final.

A joint sitting is also control below this text and a Bill passed thereat, yet that a dissolution of the House of the folks has intervened since the President notified his intention to summon the home to fulfil in that.

ARTICLE 109: Special procedure in respect of cash bills

A cash Bill shall not be introduced within the Council of States. when a cash Bill has been glided by the House of the folks it shall be transmitted to the Council of States for its recommendations and therefore the Council of States shall at intervals an amount of fourteen days from the date of its receipt of the Bill come the Bill to the House of the folks with its recommendations and therefore the House of the folks could with that either settle for or reject all or any of the recommendations of the Council of States.  If the House of the folks accepts any of the recommendations of the Council of States, the cash Bill shall be deemed to own been passed each home with the amendments suggested by the Council of States and accepted by the House of the folks. If the House of the folks doesn’t settle for any of the recommendations of the Council of States, the cash Bill shall be deemed to own been glided by each home within the kind within which it had been glided by the House of the folks with none of the amendments suggested by the Council of States.

ARTICLE 110: DEFINITION OF “MONEY BILLS”

A bill shall be deemed to be a cash Bill if it contains solely provisions managing all or any of the subsequent matters, namely: –

(a) The imposition, abolition, remission, alteration or regulation of any tax.

(b) The regulation of the borrowing of cash or the giving of any guarantee by the govt of India or the change of the law with reference to any monetary obligations undertaken or to be undertaken by the govt of India.

(c) The custody of the Consolidated Fund or the Contingency Fund of Bharat, the payment of moneys into or the withdrawal of moneys from any such Fund.

(d) the appropriation of moneys out of the Consolidated Fund of Bharat.

(e) the declaration of any expenditure to be expenditure charged on the Consolidated Fund of Bharat or the increasing of the quantity of any such expenditure.

A Bill shall not be deemed to be a cash Bill by reason solely that it provides for the imposition of fines or different medium of exchange penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any federal agency of body for native functions. If any question arises whether or not a Bill could be a cash Bill or not, the choice of the Speaker of the House of the folks on that shall be final. There shall be supported on each cash Bill once it’s transmitted to the Council of States below article 109, and once it’s bestowed to the President for assent below article 111, the certificate of the Speaker of the House of the folks signed by him that it’s a cash Bill.

ARTICLE 111: ASSENT TO BILLS

When a Bill has been glided by the home of Parliament, it shall be bestowed to the President, and therefore the President shall declare either that he assents to the Bill, or that he withholds assent therefrom as long as the President could, as before long as doable when the presentation to him of a Bill for assent, come the Bill if it’s not a cash Bill to the home with a message requesting that they’ll rethink the Bill or any mere provisions thence and, specially, can think about the desirability of introducing any such amendments as he could suggest in his message, and once a Bill is therefore came, the home shall rethink the Bill consequently, and if the Bill is passed once more by the home with or while not change and bestowed to the President for assent, the President shall not withhold assent therefrom.

ARTICLE 112: Annual plan

The President shall in respect of each year cause to be set before each the home of Parliament a press release of the calculable receipts and expenditure of the govt of Bharat for that year, during this half spoken because the “annual monetary statement”. The estimates of expenditure embodied within the annual plan shall show on an individual basis – the sums needed to fulfil expenditure represented by this Constitution as expenditure charged upon the Consolidated Fund of Bharat; and therefore, the sums needed to fulfill different expenditure planned to be made of the Consolidated Fund of India and shall distinguish expenditure on revenue account from different expenditure.

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ARTICLE 113: PROCEDURE IN PARLIAMENT WITH REFERENCE TO ESTIMATES

So much of the estimates as relates to expenditure charged upon the Consolidated Fund of Bharat shall not be submitted to the vote of Parliament, however nothing during this clause shall be construed as preventing the discussion in either House of Parliament of any of these estimates. most of the aforesaid estimates as relates to different expenditure shall be submitted within the style of demands for grants to the House of the folks, and therefore the House of the folks shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a discount the quantity mere in that. No demand for a grant shall be created except on the advice of the President.

ARTICLE 114: APPROPRIATION BILLS

As before long as is also when the grants below article 113 are created by the House of the folks, there shall be introduced a Bill to supply for the appropriation out of the Consolidated Fund of Bharat of all moneys needed to fulfil –

(a) the grants therefore created by the House of the People; and

(b) the expenditure charged on the Consolidated Fund of Bharat however not exceptional in any case the quantity shown within the statement antecedently set before Parliament.

No amendments shall be planned to any such Bill in either House of Parliament which is able to have the result of variable the quantity or sterilization the destination of any grant therefore created or of variable the quantity of any expenditure charged on the Consolidated Fund of Bharat, and therefore the call of the person presiding on whether or not associate degree change is impermissible below this clause shall be final.  Subject to the provisions of articles a hundred and fifteen and 116, no cash shall be withdrawn from the Consolidated Fund of Bharat except below appropriation created by law passed in accordance with the provisions of this text.

ARTICLE 115: SUPPLEMENTARY, further OR EXCESS GRANTS

The President shall, if the quantity authorised by any law created in accordance with the provisions of article 114 to be exhausted for a specific service for this year is found to be merger for the needs of that year once a requirement has arisen throughout this year for supplementary or further expenditure upon some new service not contemplated within the annual plan for that year

ARTICLE 116: VOTES ON ACCOUNT, VOTES OF CREDIT AND EXCEPTIONAL GRANTS

Notwithstanding something within the preceding provisions of this Chapter, the House of the folks shall have power to create associate grant ahead in respect of the calculable ,expenditure for area unit , district a region, a locality, a vicinity, a section of associate year unfinished the completion of the procedure prescribed in article 113 for the option of such grant and therefore the passing of the law in accordance with the provisions of article 114 in respect to that expenditure to create a grant for meeting associate sudden demand upon the resources of Republic of India once on account of the magnitude or the indefinite character of the service the demand can’t be declared with the main points unremarkably given in an annual finances to create an exceptional grant that forms no a part of this service of any year and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of India for the needs that the same grants are created. The provisions of articles 113 and 114 shall have impact in respect to the creating of any grant beneath clause (1) and to any law to be created thereunder clause as they need impact in respect to the creating of a grant with reference to any expenditure mentioned within the annual finances and therefore the law to be created for the authorisation of appropriation of moneys out of the Consolidate Fund of Bharat to satisfy such expenditure.

ARTICLE 117: SPECIAL PROVISIONS ON MONEY BILLS

A Bill or change creating provision for associate of the matters per sub-clauses (a) to (f) of clause (1) of article one hundred ten shall not be introduced or emotional except on the advice of the President and a Bill creating such provision shall not be introduced within the Council of States only if no recommendation shall be needed beneath this clause for the moving of a change creating provision for the reduction or ending of any tax. A Bill or change shall not be deemed to create provision for any of the matters same by reason solely that it provides for the imposition of fines or alternative monetary system penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alternation or regulation of any tax by any government agency or body for native purpose. A Bill that, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of Bharat shall not be gone along either House of Parliament unless the President has counselled to it House the thought of the Bill.

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Procedure typically

ARTICLE 118: RULES OF PROCEDURE

Each House of Parliament might build rules for control, subject to the provisions of this Constitution, its procedure and therefore the conduct of its business. till rules area unit created beneath clause (1), the principles of procedure and standing orders in force in real time before the commencement of this Constitution with relation to the assembly of the Dominion of Bharat shall have effect in respect to Parliament subject to such modifications and diversifications as could also be created in this by the Chairman of the Council of States of the speaker of the House of the folks, because the case could also be. The President, once consultation with the Chairman of the Council of States and therefore the Speaker of the House of the folks, might build rules on the procedure with relation to joint sittings of, and communications between, the 2 homes.

At a joint sitting of the 2 home the Speaker of the House of individuals, or in his absence such person as could also be determined by rules of procedure created beneath clause (3), shall control.

ARTICLE 119: REGULATION BY LAW OF PROCEDURE IN PARLIAMENT IN respect to money BUSINESS

Parliament might, for the aim of the timely completion of monetary business, regulate by law the procedure of, and therefore the conduct of business in, every House of Parliament in respect to any money matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of Bharat, and, if  so much as any provision of any law so created is inconsistent with any rule created by a House of Parliament beneath clause (1) of article 118 or with any rule or order having impact in respect to Parliament beneath clause (2) of that article, such provision shall prevail.

ARTICLE 120: LANGUAGE TO BE UTILISED IN PARLIAMENT

Notwithstanding something partially XVII, however subject to the provisions of article 348 business in Parliament shall be transacted in Hindi or in English only if the Chairman of the Council of States or Speaker of the House of the folks, or person acting intrinsically, because the case could also be, might allow any member WHO cannot adequately specific himself in Hindi or in English to handle the House in his mother-tongue.

Unless Parliament by law otherwise provides, this text shall, once the expiration of an amount of fifteen years from the commencement of this Constitution, have impact as if the words “or in English” were omitted therefrom.

ARTICLE 121: RESTRICTION ON DISCUSSION IN PARLIAMENT

No discussion shall turn up in Parliament with respect of the conduct of associate choose of the Supreme Court or of a court within the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the choose as herein once provided.

ARTICLE 122: COURTS NOT discuss PROCEEDINGS OF PARLIAMENT

The validity of any proceedings in Parliament shall not be referred to as in question on the bottom of any alleged irregularity of procedure.  No officer or member of Parliament in whom powers area unit unconditional by or unconditional by or beneath this Constitution for control procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of these powers.

These area unit the legislative powers that the parliament exercises relating to numerous things that area unit happening in our country.

Author: Beas Sain,
IFIM Law School , 2nd Year - BBA LLB / Student

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