LEGISLATIVE PROCEDURES • ARTICLES 107–123

Parliament — Part 2

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Roman Hindi: Bills, Joint Sitting, Money Bill, President veto, Budget, grants, funds, ordinance aur Parliamentary Committees ko source ke page-by-page sequence me cover kiya gaya hai.

English: Complete source-based notes covering legislative and financial procedure, ordinances and parliamentary committees.

Article 107 — Introduction & Passing of Bills

107(1): Money Bill ko chhodkar Bill either House — Lok Sabha ya Rajya Sabha — me originate ho sakta hai.
107(2): Both Houses agree karein, with or without amendments, tab Bill passes.
107(3): Adjournment ya prorogation ki wajah se pending Bill lapse nahi hota.
107(4): Lok Sabha me pending aur dissolution ke time not passed Bill lapses. Rajya Sabha me pending aur Lok Sabha se not passed Bill, Lok Sabha dissolution par lapse nahi hota.

Types of Bills in Source

1. Constitutional Amendment Bill

2. Ordinary Bill

3. Financial Bill

Source note: Some Financial Bills are also Money Bills.

Public Member Bill

Source: 1 week prior notice.

Private Bill

1 month prior notice.
Brought by an MP who is not a minister.

Passage of Ordinary Bill: Either House me originate → both Houses pass → President for assent. Deadlock ho to President Joint Sitting summon kar sakta hai; source says Bill simple majority se pass hota hai.

⚠️ Deadlock ke 3 cases: Other House rejects; Houses finally disagree on amendments; ya other House ko Bill receive hone ke baad 6 months se zyada without passing elapse.

Article 108 — Joint Sitting of Both Houses

108(1): Both Houses ke deadlock/disagreement me President Joint Sitting summon kar sakta hai.
108(2): Speaker of Lok Sabha presides.
Speaker absent → Deputy Speaker of Lok Sabha.
Both absent → Deputy Chairman of Rajya Sabha.
Source: Rajya Sabha Chairman Joint Sitting preside nahi kar sakta because he is not a member of either House.
Simple majority = members present and voting.
Joint Sitting follows Rules of Lok Sabha.
Provision borrowed from Australia.

Joint Sitting	Year
Dowry Prohibition Bill	1960
Banking Services Commission Bill	1977
Prevention of Terrorism Bill	2002

⚠️ Exception: Money Bill aur Constitutional Amendment Bill ke liye Joint Sitting allowed nahi.

Article 109 — Special Procedure for Money Bills

109(1): Money Bill only Lok Sabha me, President ki recommendation par introduce ho sakta hai.
109(2): Lok Sabha se pass hone ke baad RS approve, amendments suggest, ya no action kar sakta hai; response within 14 days.
109(3): Lok Sabha RS suggestions accept/reject kar sakti hai. RS 14 days me pass na kare → Bill deemed passed by both Houses.

Money Bill Facts: Speaker of Lok Sabha certifies whether a Bill is Money Bill. Source says Speaker's decision final and normally court me challenge nahi; however judicial review allowed.

Not a Money Bill: Source says local authority dwara tax impose/abolish karne ya fine impose karne ki provision alone se Bill Money Bill nahi hota.

Article 110 — Definition of Money Bill

Bill Money Bill tab hai jab usme only following matters se related provisions hon:

Any tax ka imposition, abolition, remission, alteration, regulation.
Borrowings ka regulation.
Consolidated Fund ya Contingency Fund ki custody and audit.
Consolidated Fund se money appropriation.
Any expenditure ko Consolidated Fund par charged declare karna.
Consolidated Fund of India ya Public Account of India me money receipt, custody ya issue.
Above matters se incidental matter.

Article 111 — Assent to Bills & President's Veto

Both Houses se Bill pass hone ke baad President ko present hota hai. President assent de sakta hai — Bill law ban jata hai — ya veto use kar sakta hai.

1. Suspensive Veto

President Bill reconsideration ke liye return karta hai. Parliament dobara pass kare to assent mandatory.

Money Bill me available nahi, source reason: prior recommendation of President ke baad Parliament me brought hota hai.

2. Pocket Veto

President no action leta hai; source: no time limit to act.

First used by Gyani Zail Singh for Indian Post Office (Amendment) Bill, 1986.

3. Absolute Veto

President Bill completely reject karta hai.

⚠️ Constitutional Amendment Bill: Source says no veto can be used; 24th CA, Article 368.

🧠 Source Fact: Indian President ka pocket veto USA President se “deeper” hai because Constitution me Indian President ke action ke liye time limit mentioned nahi.

Articles 112–114 — Budget & Expenditure

Article 112 — Annual Financial Statement

President estimated receipts and expenditures ka statement both Houses ke before lay karwata hai.
Source: term “Budget” Constitution me mentioned nahi.

Article 113 — Estimates of Expenditure

Consolidated Fund of India se expenditure Parliament authorization ke bina nahi.

Charged expenditure: Not votable; source examples President, SC judges salaries etc.
Voted expenditure: Demands for Grants through LS vote.

Only LS votes; RS only discuss. Demands for Grants President ki behalf par presented.

Article 114 — Appropriation Bill

Consolidated Fund se withdrawal authorize karta hai.
Source: no amendments or voting on Appropriation Bill; Demands for Grants vote hone ke baad formality ke roop me passed.
Cut Motions Demands for Grants voting ke dauran moved.

Cut Motions

Policy Cut

Amount ko Rs. 1 tak reduce to criticize government policy.

Economy Cut

Specified amount se reduce to suggest savings.

Token Cut

Rs. 100 se reduce to raise a specific grievance.

Articles 115–116 — Grants

Article 115

Supplementary Grant: Parliament-authorised amount insufficient ho.

Additional Grant: New service par additional expenditure.

Excess Grant: Budget me granted amount se service par zyada money already spent ho.

Article 116

Votes on Credit: Executive ko urgent financial needs ke liye grant; details ordinary budget ki tarah shared nahi; source calls it blank cheque given by LS.

Exceptional Grants: Parliament special provisions; regular budgetary allocation me not covered specific expenses.

Stages in enactment of budget: 1 Presentation → 2 Discussion → 3 Scrutiny by departmental committees → 4 Voting on Demands for Grants → 5 Passing Appropriation Bill → 6 Passing Finance Bill.

Different Types of Funds

Consolidated Fund of India — Article 266(1)

Source: consists of Tax & Revenue.

Public Account of India — Article 266(2)

Remittance/public fund deposits and judicial deposits. Source: managed by Executive, not under Parliament's direct control.

Contingency Fund of India — Article 267

President ke hands me but run by President and Finance Secretary — source wording.

Articles 117–122

Article 117 — Financial Bills

All Money Bills are Financial Bills, but vice versa is not true.
Source: Financial Bill procedure ordinary Bill jaisa, except Category A Financial Bill only LS me President ki prior recommendation se introduced.

Article 118 — Rules of Procedure

Each House procedure and conduct of business regulate karne ke rules bana sakta hai.

Article 119

Parliament financial procedure se related laws regulate kar sakta hai.

Article 120 — Language

Parliament business Hindi ya English me.
Source: unless Parliament by law provides, English use 15 years ke baad removed.
Presiding Officer member ko mother tongue me express karne allow kar sakta hai.

Article 121

Supreme Court ya High Court judge ke conduct par Parliament me discussion nahi — source statement.

Article 122

No court shall inquire into Parliament proceedings.
MPs/officers ka conduct court jurisdiction ke subject nahi — source wording.

Article 123 — President's Ordinance-Making Power

President ordinance issue kar sakta hai when both Houses, or even one House, is not in session.
Ordinance has same force as an Act of Parliament.
Both Houses ke before laid hona chahiye; reassembly ke 6 weeks baad cease unless approved.
President anytime withdraw kar sakta hai.
Ordinance Parliament ki legislative competence se beyond provisions contain nahi karna chahiye; source example Union List subjects.
Centre: President legislative power under Article 123; State: Governor under Article 213.

🔢 Max Life of Ordinance — Source: Approved → law ke roop me continues. Disapproved → lapses. Parliament no action → maximum 6 months + 6 weeks, source logic: maximum session gap 6 months + 6 weeks after reassembly.

Special Powers of Rajya Sabha

Parliament ko new All India Service create karne authorize kar sakti hai — Article 312.
Parliament ko State List subject par law banane authorize kar sakti hai — Article 249.

Parliamentary Committees

Constitution committees ko different places par mention karta hai but tenure/functions etc. par specific provision nahi — source.
These matters two Houses ke rules se dealt.
Parliamentary committee Speaker/Chairman appoint karta hai and his directions par works.

Permanent Committee

Standing Committee
Financial Committees
- Public Accounts Committee
- Estimates Committee
- Committee on Public Undertakings

Temporary Committee

Ad Hoc Committee

Major Financial Committees

Public Accounts Committee (PAC)

Established in 1921 through GOI Act 1919.
22 members: 15 LS + 7 RS.
Guide and Philosopher: CAG; CAG reports analysed by PAC.
Function: examine audit reports of CAG.

Estimates Committee

Established in 1921.
Re-established post-Independence in 1950 on recommendation of John Mathai Committee.
30 members, all LS; increased 25 → 30 in 1956.
Function: examine estimates included in budget.

Committee on Public Undertakings

Established 1964 on recommendation of Krishna Menon Committee.
22 members: 15 LS + 7 RS; source says increased 15 → 22 in 1974.
Chairman is from Lok Sabha.
Function: examine reports and accounts of Public Undertakings.

Similar features of all Financial Committees: Election by Proportional Representation + STV; appointed/elected by House or nominated by Speaker/Chairman; member term 1 year; no Minister can be member — only private member.

Departmental Standing Committees & Chairmanship Notes

Departmental Standing Committees

Total: 24 — 16 from LS + 8 from RS.
Strength: 31 members — 21 LS + 10 RS.

Source Note: Lok Sabha Speaker is Chairman of Business Advisory Committee, Rules Committee and General Purpose Committee. Deputy Speaker has special distinction: jis committee ka member hota hai uska automatically chairman ban jata hai; source example Committee on Private Members Bill.

🧠 QUICK REVISION — HIGH RETENTION

107: Bills originate/pass/lapse rules. Money Bill exception.
108: Joint Sitting → President summons, LS Speaker presides, simple majority, Australia; no Joint Sitting for Money Bill & Constitutional Amendment Bill.
Joint sittings: 1960 Dowry Prohibition • 1977 Banking Services Commission • 2002 Prevention of Terrorism.
109: Money Bill only LS + President recommendation; RS gets 14 days.
110: Money Bill definition; Speaker certification.
111: Suspensive, Pocket, Absolute veto. Source: no veto for Constitutional Amendment Bill after 24th CA.
112: Annual Financial Statement; “Budget” term not in Constitution.
113: Charged vs voted expenditure; only LS votes Demands for Grants.
114: Appropriation Bill. Cut Motions: Policy Rs.1 • Economy specified amount • Token Rs.100.
115: Supplementary, Additional, Excess Grants. 116: Vote on Credit, Exceptional Grants.
Funds: Consolidated 266(1) • Public Account 266(2) • Contingency 267.
117–122: Financial Bills, procedure, financial business, language, judge discussion restriction, court inquiry restriction.
123: Ordinance; same force as Act; 6 weeks after reassembly; Governor counterpart Article 213.
RS special powers: Article 312 All India Service • Article 249 State List law.
PAC: 22 = 15 LS + 7 RS; CAG reports. Estimates: 30, all LS. COPU: 22 = 15 LS + 7 RS.
Financial Committees: PR + STV; term 1 year; no Minister.
Departmental Standing Committees: 24; each strength 31 = 21 LS + 10 RS.

🔢 Number Trap: RS Money Bill response 14 days • Joint Sitting deadlock 6 months • Ordinance 6 weeks after reassembly • Policy Cut Rs.1 • Token Cut Rs.100 • PAC 22 • Estimates 30 • COPU 22 • Departmental Standing Committees 24.

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📝 Chapter Practice

1. According to the notes, which statement is correct about Article 107 — Introduction & Passing of Bills?

2. According to the notes, which statement is correct about Article 110 — Definition of Money Bill?

3. According to the notes, which statement is correct about Articles 115–116 — Grants?

4. According to the notes, which statement is correct about Article 123 — President's Ordinance-Making Power?

5. According to the notes, which statement is correct about Major Financial Committees?