Articles 107 to 122 of the Indian Constitution

 

Parliamentary Legislative Procedure, Financial Procedure and General Procedure

Articles 107 to 122 of the Constitution of India are important provisions dealing with the procedure of Parliament. These Articles explain how Bills are introduced and passed, how deadlocks between the two Houses are resolved, how Money Bills and Financial Bills are dealt with, how the Union Budget is presented and approved, and how Parliament regulates its own procedure. They also contain provisions regarding the language used in Parliament, restrictions on discussing the conduct of judges, and the protection of parliamentary proceedings from judicial interference on grounds of procedural irregularity.

These provisions are found in Part V of the Constitution, under Chapter II dealing with Parliament. 

Article 107 – Provisions as to Introduction and Passing of Bills

Article 107 lays down the general procedure for the introduction and passing of Bills in Parliament. An ordinary Bill may be introduced in either the Lok Sabha or the Rajya Sabha. After introduction, the Bill has to be passed by both Houses in order to become a law, subject to the special procedures applicable to Money Bills and certain Financial Bills.

A Bill is regarded as passed by Parliament when both Houses have agreed to it, either without amendments or with amendments that are agreed to by both Houses. This provision therefore reflects the principle of bicameral legislative procedure, under which both Houses normally participate in the making of ordinary legislation.

Article 107 also explains what happens to Bills when Parliament is prorogued or when the Lok Sabha is dissolved. Prorogation does not cause a Bill to lapse. However, dissolution of the Lok Sabha has an important effect. A Bill pending in the Lok Sabha generally lapses when the Lok Sabha is dissolved. Similarly, a Bill that has been passed by the Lok Sabha but is pending in the Rajya Sabha generally lapses upon dissolution of the Lok Sabha. On the other hand, a Bill pending in the Rajya Sabha which has not been passed by the Lok Sabha does not lapse merely because the Lok Sabha is dissolved.

The provision is therefore important for understanding the difference between prorogation and dissolution and their effect on pending legislation.

Article 108 – Joint Sitting of Both Houses

Article 108 provides for a joint sitting of both Houses of Parliament in order to resolve a legislative deadlock between the Lok Sabha and the Rajya Sabha. A joint sitting is an important mechanism because Parliament is bicameral and an ordinary Bill normally requires the agreement of both Houses.

A joint sitting may be summoned when one House has passed a Bill and the other House has rejected it, when the two Houses have finally disagreed about amendments to a Bill, or when more than six months have elapsed after the Bill has been received by the other House and it has not been passed.

In such circumstances, the President may notify his intention to summon the Houses to meet in a joint sitting. The Bill is then considered by members of both Houses together. The joint sitting is normally presided over by the Speaker of the Lok Sabha, and in his absence by the Deputy Speaker or the person authorised under the parliamentary rules.

The purpose of Article 108 is to overcome a deadlock rather than to provide an ordinary method of passing legislation. Therefore, joint sitting is an exceptional procedure.

A joint sitting cannot be used for a Money Bill, because the Constitution provides a separate procedure for Money Bills. It is also not applicable to a Constitution Amendment Bill, since constitutional amendments are governed by the special procedure under Article 368.

Article 109 – Special Procedure in Respect of Money Bills

Article 109 provides a special procedure for Money Bills. Unlike an ordinary Bill, a Money Bill can be introduced only in the Lok Sabha. The Rajya Sabha does not have the power to introduce or reject a Money Bill.

After the Lok Sabha passes a Money Bill, it is transmitted to the Rajya Sabha. The Rajya Sabha may consider the Bill and make recommendations, but it cannot make amendments independently. The Bill must be returned to the Lok Sabha within 14 days.

The Lok Sabha has the power to accept or reject any or all of the recommendations made by the Rajya Sabha. If the Rajya Sabha fails to return the Money Bill within 14 days, the Bill is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha.

Thus, Article 109 demonstrates the predominant position of the Lok Sabha in financial matters. Since the Lok Sabha is directly elected by the people and exercises control over public finance, the Constitution gives it greater authority in relation to Money Bills.

Article 110 – Definition of Money Bills

Article 110 provides the constitutional definition of a Money Bill. A Bill is treated as a Money Bill when it contains provisions dealing exclusively with matters specified in Article 110.

These matters include the imposition, abolition, remission, alteration or regulation of taxation; regulation of government borrowing; custody of the Consolidated Fund of India or the Contingency Fund of India; appropriation of money from the Consolidated Fund; declaration of expenditure as charged on the Consolidated Fund; receipt, custody or issue of money from the Consolidated Fund or Public Account; and matters directly incidental to these subjects.

An important feature of Article 110 is that a Bill does not become a Money Bill merely because it contains provisions imposing fines, penalties or fees, or because it deals with taxation by a local authority for local purposes.

The Constitution gives the Speaker of the Lok Sabha the final authority to decide whether a Bill is a Money Bill. When a Money Bill is transmitted to the Rajya Sabha and when it is presented to the President, the Speaker's certificate accompanies it.

The distinction between a Money Bill and an ordinary or Financial Bill is particularly important for competitive examinations because the Rajya Sabha has a much more limited role in the case of a Money Bill.

Article 111 – Assent to Bills

Article 111 deals with the President's assent to Bills passed by Parliament. Once a Bill has been passed by Parliament, it is presented to the President.

The President may either give assent to the Bill or withhold assent. In the case of a Bill other than a Money Bill, the President may also return the Bill to Parliament for reconsideration. This is generally described as the President's suspensive veto.

If Parliament reconsideres the Bill and passes it again, with or without amendments, the President cannot withhold assent from it.

However, the President cannot return a Money Bill for reconsideration. This is another important distinction between Money Bills and ordinary Bills.

Financial Procedure – Articles 112 to 117

Article 112 – Annual Financial Statement

Article 112 deals with the Annual Financial Statement, popularly known as the Union Budget. It is one of the most important financial provisions of the Constitution.

The President causes a statement of the estimated receipts and expenditure of the Government of India for a financial year to be laid before both Houses of Parliament. The financial year in India runs from 1 April to 31 March.

The Annual Financial Statement distinguishes between expenditure that is charged on the Consolidated Fund of India and other expenditure. Charged expenditure is not submitted to the vote of the Lok Sabha, although it may be discussed in Parliament. Other expenditure is presented to the Lok Sabha in the form of Demands for Grants.

The constitutional distinction is important because Parliament exercises financial control over government expenditure, but certain constitutionally specified expenditures are protected from voting in order to safeguard the independence of important constitutional institutions.

Article 113 – Procedure with Respect to Estimates

Article 113 explains the parliamentary procedure concerning the estimates of expenditure contained in the Annual Financial Statement.

Expenditure charged on the Consolidated Fund of India is not submitted to the vote of the Lok Sabha, although it can be discussed. Other expenditure is presented in the form of Demands for Grants.

The Lok Sabha has the power to approve, reject or reduce these demands. This establishes the financial control of the popularly elected House over government expenditure.

A demand for a grant cannot be made without the recommendation of the President. In practice, therefore, the executive initiates financial proposals, while the Lok Sabha exercises constitutional authority over voting on the demands.

The Rajya Sabha does not vote on Demands for Grants. This is an important point frequently asked in competitive examinations.

Article 114 – Appropriation Bills

Article 114 deals with Appropriation Bills. After the Lok Sabha has voted on the Demands for Grants, an Appropriation Bill is introduced in Parliament.

The purpose of an Appropriation Bill is to provide legal authority for the withdrawal of money from the Consolidated Fund of India. It covers both the grants voted by the Lok Sabha and expenditure charged on the Consolidated Fund.

Therefore, even after Parliament has approved the expenditure, the government cannot simply withdraw money from the Consolidated Fund. There must be an appropriation made by law.

The Appropriation Bill is thus an essential link between parliamentary approval of expenditure and actual withdrawal of public money.

Article 115 – Supplementary, Additional or Excess Grants

Article 115 provides for situations in which the amount authorised through the original budget is insufficient or when expenditure arises that was not included in the original estimates.

A Supplementary Grant is required when the amount authorised for a particular service during a financial year is insufficient. An Additional Grant is required when expenditure arises on a new service that was not contemplated in the original budget. An Excess Grant is required when money has already been spent on a service beyond the amount that Parliament had authorised.

These provisions ensure that government expenditure remains subject to parliamentary control even when the original budget estimates prove inadequate or circumstances change during the financial year.

Article 116 – Votes on Account, Votes of Credit and Exceptional Grants

Article 116 provides for three special forms of parliamentary grants: Vote on Account, Vote of Credit and Exceptional Grant.

A Vote on Account allows the government to obtain parliamentary authority to spend money for a part of the financial year while the complete budgetary process is still being completed. It is therefore a temporary financial arrangement.

A Vote of Credit is intended for situations where an unexpected demand for financial resources arises and the details of the expenditure cannot be stated with the precision normally required in the budget.

An Exceptional Grant is granted for a special purpose and does not form part of the current service of any financial year.

These provisions provide flexibility in the financial administration of the Union while maintaining parliamentary control over public expenditure.

Article 117 – Special Provisions as to Financial Bills

Article 117 deals with Financial Bills. It is important to distinguish Financial Bills from Money Bills.

A Financial Bill may contain provisions relating to matters specified in Article 110 along with other matters. A Financial Bill of the type covered by Article 117(1) can be introduced only in the Lok Sabha and requires the recommendation of the President.

Another category of Financial Bill under Article 117(3) is a Bill which, if enacted, would involve expenditure from the Consolidated Fund of India. Such a Bill cannot be passed by either House unless the President has recommended consideration of the Bill.

The key difference is that a Money Bill has a special constitutional status under Article 110, whereas Financial Bills under Article 117 can involve a wider range of subjects. In the case of Financial Bills, the Rajya Sabha retains a substantially greater legislative role than it has in relation to Money Bills.

Procedure Generally – Articles 118 to 122

Article 118 – Rules of Procedure

Article 118 gives each House of Parliament the authority to make rules for regulating its own procedure and conduct of business. Thus, the Lok Sabha and Rajya Sabha have their own rules governing parliamentary proceedings.

However, these rules must remain subject to the Constitution. Parliament's procedural autonomy therefore operates within the constitutional framework.

The President may also make rules regarding the procedure for joint sittings and communications between the two Houses, after consultation with the Chairman of the Rajya Sabha and the Speaker of the Lok Sabha.

Article 119 – Regulation by Law of Procedure in Parliament in Relation to Financial Business

Article 119 enables Parliament to regulate by law the procedure and conduct of business in Parliament in relation to certain financial matters.

The purpose of this provision is to ensure that financial business, which is essential for the functioning of government, is completed within the required constitutional framework and time.

Thus, although each House has power to make its own procedural rules under Article 118, Parliament can make a law relating to financial procedure under Article 119.

Article 120 – Language to be Used in Parliament

Article 120 deals with the language used in Parliament.

The business of Parliament may be conducted in Hindi or English. However, a member who cannot adequately express himself or herself in Hindi or English may, with the permission of the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, address the House in his or her mother tongue.

This provision recognises India's linguistic diversity while maintaining Hindi and English as the principal languages for parliamentary business.

Article 121 – Restriction on Discussion in Parliament

Article 121 places a restriction on discussion concerning the conduct of judges of the Supreme Court and High Courts.

Members of Parliament cannot discuss the conduct of a judge in the discharge of his or her duties. The Constitution, however, makes an exception when a motion for presenting an address to the President for the removal of the judge is under consideration.

The provision is closely connected with the principle of judicial independence. It prevents Parliament from routinely discussing or criticising the conduct of individual judges while they are performing their judicial functions, while still allowing Parliament to undertake the constitutionally prescribed removal process.

Article 122 – Courts Not to Inquire into Proceedings of Parliament

Article 122 provides constitutional protection to parliamentary proceedings against judicial interference on the ground of irregularity of procedure.

It states that the validity of proceedings in Parliament cannot be questioned in court merely because there has been an alleged irregularity of procedure.

The Article also protects officers and members of Parliament who exercise powers relating to the regulation of parliamentary procedure or the maintenance of order from being subjected to court jurisdiction merely because of the exercise of those procedural powers.

However, Article 122 should not be understood as providing Parliament with complete immunity from judicial review. The constitutional protection is specifically concerned with procedural irregularity. The broader constitutional principle is that courts do not ordinarily interfere merely because parliamentary procedure has been irregular.

Quick Understanding of Articles 107–122

The Articles can be understood in three broad groups:

Articles 107–111 deal with the legislative procedure—how Bills are introduced, passed, resolved through joint sitting, treated as Money Bills and finally presented to the President.

Articles 112–117 deal with the financial procedure of Parliament—the Union Budget, Demands for Grants, Appropriation Bills, supplementary grants, Vote on Account and Financial Bills.

Articles 118–122 deal with the general parliamentary procedure—rules of procedure, financial procedure, language, restrictions on discussion concerning judges and protection of parliamentary proceedings.

Most Important Exam Associations

Article 107 → Introduction and passing of Bills

Article 108 → Joint Sitting

Article 109 → Money Bill procedure

Article 110 → Definition of Money Bill

Article 111 → President's assent

Article 112 → Annual Financial Statement / Union Budget

Article 113 → Demands for Grants

Article 114 → Appropriation Bill

Article 115 → Supplementary, Additional and Excess Grants

Article 116 → Vote on Account, Vote of Credit, Exceptional Grant

Article 117 → Financial Bills

Article 118 → Rules of Procedure

Article 119 → Financial procedure by law

Article 120 → Language in Parliament

Article 121 → Restriction on discussion regarding judges

Article 122 → Courts and parliamentary proceedings

Sources: Constitution of India, Legislative Department, Ministry of Law and Justice, Government of India; IGNOU study material on Indian Parliament and parliamentary procedures; and M. Laxmikanth, Indian Polity, chapters on Parliament, legislative procedure and parliamentary financial procedure.