Part V The Union

Chapter I The Executive

Article 52 : The President of India
There shall be a President of India.

Article 53 : Executive power of the Union

(1) The executive power of the Union shall be vested in the President and shall be exercised by him either
directly or through officers subordinate to him in accordance with this Constitution.
(2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence
Forces of the Union Shall be vested in the President and the exercise thereof shall be regulated by law.
(3) Nothing in this article shall –
(a) be deemed to transfer to the President any functions conferred by any existing law on the Government
of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other than the President.

Article 54 : Election of President

The President shall be elected by the members of an electoral college consisting of –
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States. Explanation: In this article and in
article 55, “State” includes the National Capital Territory of Delhi and the Union territory of Pondicherry.

Article 55 : Manner of election of President

(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at
the election of the President.
(2) For the purpose of securing such uniformity among the States inter se as well as parity between the
States as a whole and the Union, the number of votes which each elected member of Parliament and of the
legislative Assembly of each state is entitled to cast at such election shall be determined in the following
manner; –
(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are
multiples of one thousand in the quotient obtained by dividing the population of the State by the total
number of the elected members of the Assembly;
(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the
vote of each member referred to in sub-clause (a) shall be further increased by one;
(c) each elected member of either House of Parliament shall have such number of votes as may be
obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of
the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of
Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.
(3) The election of the President shall be held in accordance with the system of proportional
representation by means of the single transferable vote and the voting at such election shall be by secret
ballot.
Explanation: In this article, the expression “population” means the population as ascertained at the last
preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant figures
have been published shall, until the relevant figures for the first census taken after the year 2000 have
been published, be construed as a reference to the 1971 census.

Article 56 : Term of office of President

(1) The President shall hold office for a term of five years from the date on which he enters upon his
office:
Provided that – (a) the President may, by writing under his hand addressed to the Vice-President, resign
his office;
(b) the President may, for violation of the Constitution, be removed from office by impeachment in the
manner provided in article 61.
(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his
successor enters upon his office.
(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall
forthwith be communicated by him to the Speaker of the House of the People.

Article 57 : Eligibility for re-election

A person who holds, or who has held, office as President shall, subject to the other provisions of this
Constitution be eligible for re-election to that office.

Article 58 : Qualifications for election as President

(1) No person shall be eligible for election as President unless he –
(a) is a citizen of India;
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he holds any office of profit under the
Government of India or the Government of any State or under any local or other authority subject to the
control of any of the said Governments.
Explanation: For the purposes of this article, a person shall not be deemed to hold any office of profit by
reason only that he is the President or Vice-President of the Union or the Governor of any State or is a
Minister either for the Union or for any State.

Article 59 : Conditions of President’s office

(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of
any State, and if a member of either House of Parliament or of a House of the Legislature of any State be
elected President, he shall be deemed to have vacated his seat in that House on the date on which he
enters upon his office as President.
(2) The President shall not hold any other office of profit.
(3) The President shall be entitled without payment of rent to the use of his official residences and shall be
also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law
and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified
in the Second Schedule.
(4) The emoluments and allowances of the President shall not be diminished during his term of office.

Article 60 : Oath or affirmation by the President

Every President and every person acting as President or discharging the functions of the President shall,
before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his
absence, the senior most Judge of the Supreme Court available, an oath or affirmation in the following
form, that is to say – “I, A.B., do swear in the name of God / solemnly affirm that I will faithfully execute
the office of President (or discharge the function of the President) of India and will to the best of my
ability preserve, protect and defend the Constitution and the law and that I will devote myself to the
service and well-being of the people of India.”

Article 61 : Procedure for impeachment of the President

(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by
either House of Parliament.
(2) No such charge shall be preferred unless –
(a) the proposal to prefer such charge is contained in a resolution which has been moved after at least
fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the
House has been given of their intention to move the resolution, and
(b) such resolution has been passed by a majority of not less than two-thirds of the total membership of
the House.
(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate
the charge or cause the charge to be investigated and the President shall have the right to appear and to be
represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the
total membership of the House by which the charge was investigated or caused to be investigated,
declaring that the charge preferred against the President has been sustained, such resolution shall have the
effect of removing the President from his office as from the date on which the resolution is so passed.

Article 62 : Time of holding election to fill vacancy in the office of President and the term of office or
person elected to fill casual vacancy
(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be
completed before the expiration of the term.
(2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or
removal, or otherwise shall be held as soon as possible after, and in no case later than six months from,
the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the
provisions of article 56, be entitled to hold office for the full term of five years from the date on which he
enters upon his office.

Info-Bits Related to the President of India

Indian President - Interesting Facts

Salary of Indian President is Rs.5 lakh. Until 2017, the President used to get Rs 1.50 lakh per month. In
Budget 2018, it was increased to Rs 5 lakh per month.
In addition to the salary, the President receives many other allowances and free facilities which include
free medical, housing, and treatment facilities (whole life).
The Government of India spends around Rs.2.25 crore rupees annually on other expenses like President’s
housing, staff, food and hosting of guests.
Indian President’s salary is 7000$*12=84,000$, which is much lower when compared to US President’s
salary of 4,00,000$.
The president of the United States of America is also indirectly elected by the people through the
Electoral College, but to a four-year term. He is one of only two nationally elected federal officers, the
other being the Vice President of the United States. (In total, there are 538 electors, corresponding to the
435 members of the House of Representatives, 100 senators, and the three additional electors from the
District of Columbia.)
Under The Presidential and Vice-Presidential Elections Act, 1952, a candidate, to be nominated for the
office of president of India needs 50 electors as proposers and 50 electors as seconders for his or her name
to appear on the ballot.
The general principle in Indian Presidential election is that the total number of votes cast by Members of
Parliament equals the total number of votes cast by State Legislators.
There are a total of 776 voters in both the Houses of Parliament. The Electoral College also consisted of
4120 MLAs in the states.
The formula to determine the value of the vote of an MLA = Population of the state ÷ (No. of M.L.A.s in
the state X 1000).

The formula to determine the value of the vote of an MP = Total value votes assigned to all the M.L.A.s ÷
Total number of MPs.

Each MP had a vote value of 708 in the Presidential Election 2012.

Legislators from larger states cast more votes than those from smaller states.
If a state has few legislators, then each legislator has more votes; if a state has many legislators, then each
legislator has fewer votes.
JFYI: The President of India moves around in a custom built heavily armoured Mercedes Benz S600
Pullman Guard (which costs around Rs. 12 Crore).
Nominated members cannot vote in the Presidential election. But they can participate in President’s
impeachment.
PS: Nominated members can participate in Vice-President’s election and removal.
MLAs are involved in the Presidential election, but they have no role in President’s impeachment.
President’s impeachment resolution requires a special majority of both houses of the parliament to pass.
Powers of Indian President
Indian President at Rashtrapathi Bhavan
Powers of Indian President can be broadly classified under 8 headings. They are :

Legislative
Executive or Appointment powers
Judicial powers
Financial powers
Diplomatic powers
Military powers
Pardoning Powers
Emergency powers
There are articles outside Chapter 1 of Part V related with powers of President of India like Article 72 and
Articles 352-360. We shall discuss in detail each of them later.

Article 72: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in
certain cases

(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment
or to suspend, remit or commute the sentence of any persons convicted of any offence – (a) in all cases
where the punishment of sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to
which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the
Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence
of death exercisable by the Governor of a State under any law for the time being in force

The Vice-President Of India (Articles 63-73)

Part V of the Constitution of India under Chapter I (Executive) also discusses about the office of the
Vice-President of India. The Vice-President of India is the second highest constitutional office in the
country. He serves for a five-year term, but can continue to be in office, irrespective of the expiry of the
term, until the successor assumes office. Let’s see the articles 63-73 which deal with the qualifications,
election and removal of Vice-President of India.

Article 63 : The Vice-President Of India

There shall be a Vice-President of India.

Article 64 : The Vice-President to be ex-officio Chairman of the Council of States

The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other
office of profit:
Provided that during any period when the Vice-President acts as President or discharges the functions of
the President under article 65, he shall not perform the duties of the office of Chairman of the Council of
States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of
States under article 97.

Article 65 : The Vice-President to act as President or to discharge his functions during casual vacancies in
the office, or during the absence, of President
(1) In the event of the occurrence of any vacancy in the office of the President by reason of this death,
resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a
new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon
his office.
(2) When the President is unable to discharge his functions owing to absence, illness or any other cause,
the Vice-President shall discharge his functions until the date on which the President resumes his duties.
(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging
the functions of, President have all the powers and immunities of the President and be entitled to such
emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in
that behalf is so made, such emoluments, allowances and privileges as are specified in the Second
Schedule.

Article 66 : Election of Vice-President

(1) The Vice-President shall be elected by the members of an electoral college consisting of the members
of both Houses of Parliament in accordance with the system of proportional representation by means of a
single transferable vote and the voting at such election shall be by secret ballot.
(2) The Vice-President shall not be a member of either House of Parliament or of a House of the
Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature
of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the
date on which he enters upon his office as Vice-President.
(3) No person shall be eligible for election as Vice-President unless he –
(a) is a citizen on India;
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of States.
(4) A person shall not be eligible for election as Vice-President if he holds any office of profit under the
Government of India or the Government of any State or under any local or other authority subject to the
control of any of the said Governments.
Explanation: For the purposes of this article, a person shall not be deemed to hold any office of profit by
reason only that he is the President of Vice-President of the Union or the Governor of any State or is a
Minister either for the Union or for any State.

Article 67 : Term of office of Vice-President

The Vice-President shall hold office for a term of five years from the date on which he enters upon his
office:
Provided that – (a) A Vice-President may, by writing under his hand addressed to the President, resign his
office;
(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a
majority of all the then members of the Council and agreed to by the House of the People; but no
resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been
given of the intention to move the resolution;
(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his
successor enters upon his office.

Article 68 : Time of holding election to fill vacancy in the office of Vice-President and the term of office
of person elected to fill casual vacancy
(1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be
completed before the expiration of the term.
(2) An election to fill a vacancy in the office of Vice-President occurring by reason of his death,
resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy,
and the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold
office for the full term of five years from the date on which he enters upon his office.

Article 69 : Oath or affirmation by the Vice-President

Every Vice-President shall, before entering upon his office, make and subscribe before the President, or
some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say –
“I, A.B., do swear in the name of God /solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established and that I will discharge the duty upon which I am about to
enter.”

Article 70 : Discharge of President’s functions in other contingencies

Parliament may make such provision as it thinks fit for the discharge of the functions of the President in
any contingency not provided for in this Chapter.

Article 71 : Matters relating to, or connected with, the election of a President or Vice-President
(1) All doubts and disputes arising out of or in connection with the election of a President or
Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts
done by him in the exercise and performance of the powers and duties of the office of President or
Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be
invalidated by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or
connected with the election of a President or Vice-President.
(4) The election of a person as President or Vice-President shall not be called in question on the ground of
the existence of any vacancy for whatever reason among the members of the electoral college electing
him.

Article 72 : Power of President to grant pardons, etc., and to suspend, remit or commute sentences in
certain cases
(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment
or to suspend, remit or commute the sentence of any persons convicted of any offence – (a) in all cases
where the punishment of sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to
which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the
Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence
of death exercisable by the Governor of a State under any law for the time being in force.

Article 73 : Extent of executive power of the Union*

(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend—
(a) to the matters with respect to which Parliament has power to make laws; and
(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India
by virtue of any treaty or agreement:
Provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this
Constitution or in any law made by Parliament,
extend in any State to matters with respect to which the Legislature of the State has also power to make
laws.
(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may,
notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament
has power to make laws for that State such executive power or functions as the State or officer or
authority thereof could exercise immediately before the commencement of this Constitution.

Info-Bits related with the Vice-President of India

The office of the Vice-President of India is special because of multiple reasons. It would be interesting to
explore the constitutional provisions related to VP of India. Try, if you can find the answers of the
following questions, yourself.

Can Vice-President of India continue to be in office irrespective of the expiry of his term of 5 years?
Who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President
of India, before the expiry of his term?
Who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President
of India, when the Vice-President acts as the President of India?
Who performs the Vice-President’s function as the Chairperson of the Council of States (Rajya Sabha)
when a vacancy occurs in the office of the Vice-President of India?
Salary for Vice-President for his role as Vice-President of India?
Salary for Vice-President for his role as ex-officio Chairperson of the Council of States (Rajya Sabha)?
Salary for Vice-President when Vice-President acts as President of India?
Can nominated members participate in the election and removal process of Vice President?
Vice-President is neither an elected nor nominated member of Rajya Sabha. But being the chairman of
Rajya Sabha, can he cast vote?
How can the Vice-President of India removed from his office?
Answers:

Can Vice-President of India continue to be in office irrespective of the expiry of his term of 5 years? Ans
: Yes. Until the successor assumes office.
Who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President
of India, before the expiry of his term? Ans : Constitution is silent on this matter.
Who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President
of India, when the Vice-President acts as the President of India? Ans : Constitution is silent on this matter.
Who performs the Vice-President’s function as the Chairperson of the Council of States (Rajya Sabha)
when a vacancy occurs in the office of the Vice-President of India? Ans : Deputy Chairperson of the
Rajya Sabha, or any other member of the Rajya Sabha authorised by the President of India.
Salary for Vice-President for his role as Vice-President of India? Ans : No salary for the role as
Vice-President. Salary is for the role as ex-officio Chairperson of the Council of States (Rajya Sabha).
Salary for Vice-President for his role as ex-officio Chairperson of the Council of States (Rajya Sabha)?
Ans : Rs.1.25 lakhs.
Salary for Vice-President when Vice-President acts as President of India? Ans : He will get salary of
Indian President, ie Rs.1.5 lakh. But he will stop getting the salary of ex-officio chaiman of Rajya Sabha.
Can nominated members participate in the election and removal process of Vice President? Ans: Yes.
(NB: For Presidential election nominated members cannot participate.)
Vice-President is neither an elected nor nominated member of Rajya Sabha. But being the chairman of
Rajya Sabha, can he cast vote? Ans : Yes. The Chairman has a casting vote in the case of an equality of
votes.
How can the Vice-President of India removed from his office? Ans : Vice-President may be removed
from his office by a resolution of the Council of States passed by a majority of all the then members of the
Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be
moved unless at least fourteen days’ notice has been given of the intention to move the resolution.
Removal of Vice-President of India : Must Check
Aspirants are requested to note a mistake which you might find in many textbooks on Indian Polity, under
the topic ‘Removal of the Vice-President of India’. I have seen text-books mentioning that removal of
Vice-President needs absolute majority (half of the total strength of the house). But this cannot be right.

Let’s check once again what is mentioned in Constitution, Article 67(b).

A Vice-President may be removed from his office by a resolution of the Council of States passed by a
majority of all the then members of the Council and agreed to by the House of the People; but no
resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been
given of the intention to move the resolution.

Let’s see what is the importance of the word “then” here. Suppose the present strength of Rajya Sabha is
245 seats. And if 45 seats are vacant, then the strength of the house gets reduced to 200. So a majority of
all the then members of the Council means that removal of Vice-President needs the approval of 101
Rajay Sabha MPs.

As shown above, this majority is not Absolute Majority (Total Strength of the House), but Effective
Majority (Total Strength of the House – Vacancies). Whether the phrase “a majority of all the then
members of the Council” can be interpreted as Simple Majority (Majority among those who are present
and voting) is a matter of debate. But anyways, the removal does not need absolute majority or special
majority. It can be said that resolution for removal of Vice-President requires an effective majority in
Rajya Sabha and a simple majority in Loksabha.

NB: President’s impeachment resolution requires special majority (2/3rd of total strength of the house) at
both houses to get itself passed.

COM, Prime Minister and Attorney General (Articles 74-78)

Filed under: Indian Polity Notes and tagged with: UPSC Mains General Studies Paper 2 (GS2)
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Chapter I (Executive) of Part V of the Constitution (Union) deals with President, Vice-President, Council
of Ministers (COM) headed by Prime Minister and Attorney General. Having already discussed about
President and Vice-President, let’s concentrate now on COM, Prime Minister and Attorney General.
While Indian President is the head of the state, Indian Prime Minister is the head of the government.

Council of Ministers

Article 74 : Council of Ministers to aid and advise President

(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the
President who shall, in the exercise of his functions, act in accordance with such advice:
Provided that the President may require the Council of Ministers to reconsider such advice, either
generally or otherwise, and the President shall act in accordance with the advice tendered after such
reconsideration.
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not
be inquired into in any court.

Article 75: Other provisions as to Ministers

(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by
the President on the advice of the Prime Minister.
(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not
exceed fifteen per cent. of the total number of members of the House of the People.
(1B) A member of either House of Parliament belonging to any political party who is disqualified for
being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be
appointed as a Minister under clause (1) for duration of the period commencing from the date of his
disqualification till the date on which the term of his office as such member would expire or where he
contests any election to either House of Parliament before the expiry of such period, till the date on which
he is declared elected, whichever is earlier.
(2) The Ministers shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the House of the People.
(4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and
of secrecy according to the forms set out for the purpose in the Third Schedule.
(5) A Minister who for any period of six consecutive months is not a member of either House of
Parliament shall at the expiration of that period cease to be a Minister.
(6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law
determine and, until Parliament so determines, shall be as specified in the Second Schedule.
The Attorney-General for India

Article 76 : Attorney-General for India.

(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to
be Attorney- General for India.
(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal
matters, and to perform such other duties of a legal character, as may from time to time be referred or
assigned to him by the President, and to discharge the functions conferred on him by or under this
Constitution or any other law for the time being in force.
(3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the
territory of India.
(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such
remuneration as the President may determine.

77. Conduct of business of the Government of India.—(1) All executive action of the Government of
India shall be expressed to be taken in the name of the President.
(2) Orders and other instruments made and executed in the name of the President shall be authenticated in
such manner as may be specified in rules to be made by the President, and the validity of an order or
instrument which is so authenticated shall not be called in question on the ground that it is not an order or
instrument made or executed by the President.
(3) The President shall make rules for the more convenient transaction of the business of the Government
of India, and for the allocation among Ministers of the said business.
*****

Article 78 : Duties of Prime Minister as respects the furnishing of information to the President, etc.
—It shall be the duty of the Prime Minister—
(a) to communicate to the President all decisions of the Council of Ministers relating to the administration
of the affairs of the Union and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Union and proposals for
legislation as the President may call for; and
(c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on
which a decision has been taken by a Minister but which has not been considered by the Council.
Info Bits Related with COM, PM and AG
The prime minister is responsible for aiding and advising the president in distribution of work of the
Government to various ministries and offices and in terms of the Government of India (Allocation of
Business) Rules, 1961. The co-ordinating work is generally allocated to the Cabinet Secretariat.
By Article 75 of the constitution of India, remuneration of the prime minister as well as other ministers
are to be decided by the Parliament. In 2010, the prime minister’s office reported that he did not receive a
formal salary, but was only entitled to monthly allowances.
The Attorney General, like an Advocate General of a State is not supposed to be a political appointee, in
spirit, but this is not the case in practice. Every time a party comes to power in the general elections, all
the law officers resign and law officers loyal to the new party are appointed.
The Attorney General has the right of audience in all Courts in India as well as the right to participate in
the proceedings of the Parliament, though not to vote.
Unlike the Attorney General of the United States, the Attorney General of India does not have any
executive authority, and is not a political appointee, those functions are performed by the Law Minister of
India.
The Attorney General is assisted by a Solicitor General and four Additional Solicitors General.
(Non-constitutional posts.)
The Cabinet is a smaller body than Council of Ministers which consists of a few important senior
ministers who are in charge of separate departments. The Cabinet is described as “a wheel within a
wheel”. It is the nucleus of the Council of Ministers.
Cabinet exercises all powers on behalf of the Council of Ministers. The policy decisions are taken in the
Cabinet.
There are three categories of ministers (COM), in descending order of rank:
Union Cabinet Minister: senior minister in-charge of a ministry. A cabinet minister may also hold
additional charges of other Ministries, where no other Cabinet minister is appointed.
Minister of State (Independent Charges): with no overseeing Union cabinet minister for that portfolio.
Minister of State (MoS): junior minister to overseeing cabinet minister, usually tasked with a specific
responsibility in that ministry. For instance, an MoS in the Finance Ministry may only handle taxation

Parliament (Articles 79-88/122)

Filed under: Indian Polity Notes and tagged with: UPSC Mains General Studies Paper 2 (GS2) and last
updated on February 9th, 2016 at 11:06 pm.
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Though Article 79-122 deals with Chapter II (Parliament) of Part V (Union), we shall break the topic into
sub-sections. In this post, we are covering only articles 79-88, which deals with the General provisions
regarding the Parliament. Parliament consists of the President of India, Lok Sabha and Rajya Sabha.
Normally, three Sessions of Parliament are held in a year: (i) Budget Session (February-May); (ii)
Monsoon Session (July-August); and (iii) Winter Session (November-December).

Chapter II Parliament
Article 79 : Constitution of Parliament
There shall be a Parliament for the Union which shall consists of the President and two Houses to be
known respectively as the Council of States and the House of the People.

Article 80 : Composition of the Council of States –

(1) The Council of States shall consists of –
(a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and
(b) not more than two hundred and thirty-eight representatives of the States and of the Union territories.
(2) The allocation of seats in the Council of States to be filled by representatives of the States and of the
Union territories shall be in accordance with the provisions in that behalf contained in the Fourth
Schedule.
(3) The members to be nominated by the President under sub-clause (a) and clause (1) shall consists of
persons having special knowledge or practical experience in respect of such matters as the following,
namely: –
Literature, science, art and social service.
(4) The representatives of each State in the Council of States shall be elected members of the Legislative
Assembly of the State in accordance with the system of proportional representation by means of the single
transferable vote.
(5) The representatives of the Union territories in the Council of States shall be chosen in such manner as
Parliament may by law prescribe.

Article 81 : Composition of the House of the People

(1) Subject to the provisions of article 331, the House of the People shall consists of – (a) not more than
five hundred and thirty members chosen by direct election from territorial constituencies in the States, and
(b) not more than twenty members to represent the Union territories, chosen in such manner as Parliament
may by law provide.
(2) For the purposes of sub-clause (a) of clause (1), –
(a) there shall be allotted to each State a number of seats in the House of the People in such manner that
the ration between that number and the population of the State is, so far as practicable, the same for all
States; and
(b) each State shall be divided into territorial constituencies in such manner that the ratio between the
population of each constituency and the number of seats allotted to it is, so far as practicable, the same
throughout the State:
Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of
allotment of seats in the House of the People to any State so long as the population of that State does not
exceed six millions.
(3) In this article, the expression “population” means the population as ascertained at the last preceding
census of which the relevant figures have been published:
Provided that the reference in this clause to the last preceding census of which the relevant figures have
been published shall, until the relevant figures for the first census taken after the year 2000 have been
published, be construed as a reference to the 1971 census.

Article 82 : Readjustment after each census

Upon the completion of each census, the allocation of seats in the House of the People to the States and
the division of each state into territorial constituencies shall be readjusted by such authority and in such
manner as Parliament may by law determine:

Provided that such readjustment shall not affect representation in the House of the People until the
dissolution of the then existing House:
Provided further that such readjustment shall take effect from such date as the President may, by order,
specify and until such readjustment takes effect, any election to the House may be held on the basis of the
territorial constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken after the year 2000 have been
published, it shall not be necessary to readjust the allocation of seats in the House of the People to the
States and the division of each State into territorial constituencies under this article.
Article 83 : Duration of Houses of Parliament
(1) The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the
members thereof shall retire as soon as may be on the expiration of every second year in accordance with
the provisions made in that behalf by Parliament by law.
(2) The House of the People, unless sooner dissolved, shall continue for five years from the date
appointed for its first meeting and no longer and the expiration of the said period of 5 years shall operate
as a dissolution of the House:
Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by
Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a
period of six months after the Proclamation has ceased to operate.

Article 84 : Qualification for membership of Parliament

A person shall not be qualified to be chosen to fill a seat in Parliament unless he –
(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the
Election Commission an oath or affirmation according to the form set out for the purpose in the Third
Schedule;
(b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a
seat in the House of the People, not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by
Parliament.

Article 85 : Sessions of Parliament, prorogation and dissolution

(1) The President shall from time to time summon each House of Parliament to meet at such time and
place as he thinks fit, but six months shall not intervene between its lasting sitting in one session and the
date appointed for its first sitting in the next session.
(2) The President may from time to time –
(a) prorogue the Houses or either House;
(b) dissolve the House of the People.

Article 86 : Right of President to address and send messages to Houses

(1) The President may address either House of Parliament or both Houses assembled together, and for that
purpose require the attendance of members.
(2) The President may send messages to either House of Parliament, whether with respect to a Bill then
pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient
despatch consider any matter required by the message to be taken into consideration.

Article 87 : Special address by the President

(1) At the commencement of the first session after each general election to the House of the People and at
the commencement of the first session of each year the President shall address both Houses of Parliament
assembled together and inform Parliament of the causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time
for discussion of the matters referred to in such address.

Article 88 : Rights of Ministers and Attorney-General as respects Houses

Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take
part in the proceeding of, either House, any joint sitting of the Houses, and any committee of Parliament
of which he may be named a member, but shall not by virtue of this article be entitled to vote.

Info- Bits related with Parliament

The total elective membership is distributed among the States in such a way that the ratio between the
number of seats allotted to each State and the population of the State is, so far as practicable, the same for
all States.
The Council of States is designed to maintain the federal character of the country. The number of
members from a state depends on the population of the state (e.g. 31 from Uttar Pradesh and one from
Nagaland).
Supreme Court can strike down certain provisions/amendments of Indian Constitution, if it feels that the
provisions are unconstitutional or alter the basic structure of the constitution. But striking down does not
take away the provisions from the Constitution. To take away the provisions, Parliament has to present a
Constitution Amendment bill to repeal the provisions

Officers, Conduct of Business and Disqualification of MPs (Articles 89-106/122)

Filed under: Indian Polity Notes and tagged with: UPSC Mains General Studies Paper 2 (GS2) and last
updated on May 30th, 2014 at 5:44 pm.
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Having covered the General provision regarding parliament in the last post, let us discuss Articles 89-106
under Chapter II (Parliament) under Part V (Union) of the Constitution of India. We shall see topics like
Officers of Parliament, Conduct of Business and Disqualifications of Members in this post. The Chairman
and Deputy Chairman are the two officers of Rajya Sabha with Constitutional status. Similarly,
Constitution mentions about Speaker and Deputy Speaker for Lok Sabha. There is also provisions for
separate Secretarial staff for both houses of the Parliament. Now, let’s see the articles from 89-106 in
detail.

Officers of Parliament

Article 89 : The Chairman and Deputy Chairman of the Council of States

(1) The Vice-President of India shall be ex-officio Chairman of the Council of States.
(2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy
Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall
choose another member to be Deputy Chairman thereof.

Article 90 : Vacation and resignation of, and removal from, the office of Deputy Chairman
A member holding office as Deputy Chairman of the Council of States –
(a) shall vacate his office if he ceases to be a member of the Council;
(b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council passed by a majority of all the then
members of the Council:
Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’
notice has been given of the intention to move the resolution.

Article 91 : Power of the Deputy Chairman or other person to perform the duties of the office of, or to act
as, Chairman
(1) While the Office of Chairman is vacant, or during any period when the Vice-President is acting as, or
discharging the functions of, President, the duties of the office shall be performed by the Deputy
Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of States as
the President may appoint for the purpose.
(2) During the absence of the Chairman from any sitting of the Council of States the Deputy Chairman,
or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if
no such person is present, such other person as may be determined by the Council, shall act as Chairman.

Article 92 : The Chairman or the Deputy Chairman not to preside while a resolution for his removal from
office is under consideration
(1) At any sitting of the Council of States, while any resolution for the removal of the Vice-President from
his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy
Chairman from his office is under consideration, the Deputy Chairman, shall not though he is present,
preside, and the provisions of clause (2) of article 91 shall apply in relation to every such sitting as they
apply in relation to a sitting from which the Chairman, or as the case may be, the Deputy Chairman, is
absent.
(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the
Council of States while any resolution for the removal of the Vice-President from his office is under
consideration in the Council, but, notwithstanding anything in article 100 shall not be entitled to vote at
all on such resolution or on any other matter during such proceedings.

Article 93 : The Speaker and Deputy Speaker of the House of the People
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.

Article 94 : Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
A member holding office as Speaker or Deputy Speaker of the House of the People –
(a) shall vacate his office if he ceases to be a member of the House of the People;
(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy
Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the House of the People passed by a majority of all
the then members of the House:
Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’
notice has been of the intention to move the resolution:
Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his
office until immediately before the first meeting of the House of the People after the dissolution.
Article 95 : Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as
Speaker
(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy
Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as
the President may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or,
if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no
such person is present, such other person as may be determined by the House, shall act as Speaker.

Article 96 : The Speaker or the Deputy Speaker not to preside while a resolution for his removal from
office is under consideration
(1) At any sitting of the House of the People, while any resolution for the removal of the Speaker from his
office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker
from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and
the provisions of clause (2) of article 95 shall apply in relation to every such sitting as they apply in
relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent. (2) The
Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the
People while any resolution for his removal from office is under consideration in the House and shall,
notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or
on any other matter during such proceedings but not in the case of an equality of votes.

Article 97 : Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy
Speaker
There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker
and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively
fixed by Parliament by law and, until provision in that behalf is so make, such salaries and allowances as
are specified in the Second Schedule.

Article 98 : Secretariat of Parliament

(1) Each House of Parliament shall have a separate secretarial staff:

Provided that nothing in this clause shall be construed as preventing the creation of posts common to both
Houses of Parliament.
(2) Parliament may by law regulate the recruitment and the conditions of service of persons appointed, to
the secretarial staff of either House of Parliament.
(3) Until provision is made by Parliament under clause (2), the President may, after consultation with the
Speaker of the House of the People or the Chairman of the Council of States, as the case may be, make
rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff
of the House of the People or the Council of States, and any rules so made shall have effect subject to the
provisions of any law made under the said clause.

Conduct of Business
Article 99 : Oath or affirmation by members
Every member of either House of Parliament shall, before taking his seat, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or affirmation according to the form
set out for the purpose in the Third Schedule.

Article 100 : Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
(1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint
sitting of the Houses shall be determined by a majority of votes of the members present and voting, other
than the Speaker or person acting as Chairman or Speaker.
The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and
exercise a casting vote in the case of an equality of votes.
(2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership
thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered
subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the
proceedings.
(3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of
Parliament shall be one-tenth of the total number of members of the House.
(4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or
Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a
quorum.

Disqualifications of Members
Article 101 : Vacation of seats
(1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament
by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or
the other.
(2) No person shall be a member both of Parliament and of a House of the Legislature of a State, and if a
person is chosen a member both of Parliament and of a House of the Legislature of a State, then, at the
expiration of such period as may be specified in rules made by the President, that person’s seat in
Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.
(3) If a member of either House of Parliament –
(a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 102; or
(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may
be, and his resignation is accepted by the Chairman or the Speaker, as the case may be, his seat shall
thereupon become vacant:
Provided that in the case of any resignation referred to in sub-clause (b), if from information received or
otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be,
is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.
(4) If for a period of sixty days a member of either House of Parliament it without permission of the
House absent from all meetings thereof, the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be taken of any period during
which the House is prorogued or is adjourned for more than four consecutive days.

Article 102 : Disqualifications for membership

(1) A person shall be disqualified for being chosen as, and for being, a member of either House of
Parliament –
(a) if he holds any office of profit under the Government of India or the Government of any State, other
than an office declared by Parliament by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under
any acknowledgement of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
Explanation: For the purposes of this clause a person shall not be deemed to hold an office of profit under
the Government of India or the Government of any State by reason only that he is a Minister either for the
Union or for such State.
(2) A person shall be disqualified for being a member of either House of Parliament if he is so
disqualified under the Tenth Schedule.

Article 103 : Decision on questions as to disqualifications of members

(1) If any question arises as to whether a member of either House of Parliament has become subject to any
of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the
decision of the President and his decision shall be final.
(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election
Commission and shall act according to such opinion.

Article 104 : Penalty for sitting and voting before making oath or affirmation under article 99 or when not
qualified or when disqualified
If a person sits or votes as a member of either House of Parliament before he has complied with the
requirements of article 99, or when he knows that he is not qualified or that he is disqualified for
membership thereof, or that he is prohibited from so doing by the provisions of any law made by
Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five
hundred rupees to be recovered as a debt due to the Union.

Article 105 : Powers, Privileges, etc., of the Houses of Parliament and of the members and committees
thereof
(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the
procedure of Parliament, 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 or
any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect
of the publication by or under the authority of either House of Parliament of any report, paper, votes or
proceedings.
(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.
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this
Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of
Parliament or any committee thereof as they apply in relation to members of Parliament.
Article 106 : Salaries and allowances of members
Members of either House of Parliament shall be entitled to receive such salaries and allowances a may
from time to time be determined by Parliament by law and, until provision in that respect is so made,
allowances at such rates and upon such conditions as were immediately before the commencement of this
Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India.

Info Bits Related to Parliament and MPs

Who decides on the disqualification of MPs? Ans : President on advice of Election Commission of India
(binding).
Which article provides immunity to MPs from any proceedings in Court? Ans : Article 105 (2).
Quorum needed for a house of the Parliament : Ans : 1/10th of the strength of that house

Bills and Procedures in the Parliament (Articles 107-122/122)

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Articles 107-122 of Chapter II (Parliament) in the Part V (Union) of Constitution of India deals with three
sub-topics namely : Legislative Procedure, Procedure in Financial Matters and Procedure Generally.
These articles are very important, as it throw light on Joint Sitting (108), Definition of Money Bills (110)
, Annual Financial Statement (112), Supplementary, Additional and excess grants (115) etc. Reading
these articles, one would get idea not only about various types of bills in the Parliament, but also about the
procedure for passing of bills.

Legislative Procedure

Article 107 : Provisions as to introduction and passing of Bills

(1) Subject to the provisions of articles 109 and 117 with respect to Money Bills and other financial Bills,
a Bill may originate in either House of Parliament.
(2) Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed by
the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with
such amendments only as are agreed to by both Houses.
(3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.
(4) A Bill pending in the Council of States which has not been passed by the House of the People shall
not lapse on a dissolution of the House of the People.
(5) A Bill which is pending in the House of the People, or which having been passed by the House of the
People is pending in the Council of States, shall subject to the provisions of article 108, lapse on a
dissolution of the House of the People.

Article 108 : Joint sitting of both Houses in certain cases

(1) If after a Bill has been passed by one House and transmitted to the other House –
(a) the Bill is rejected by the other House; or
(b) the Houses have finally disagreed as to the amendments to be made in the Bill; or
(c) more than six months lapse from the date of the reception of the Bill by the other House without the
Bill being passed by it,
the President may, unless the Bill has lapsed by reason of a dissolution of the House of the People, notify
to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to
summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:
Provided that nothing in this clause shall apply to a Money Bill.
(2) In reckoning any such period of six months as is referred to in clause (1) no account shall be taken of
any period during which the House referred to in sub-clause (c) of that clause is prorogued or adjourned
for more than four consecutive days.
(3) Where the President has under clause (1) notified his intention of summoning the Houses to meet in a
joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the
date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the
notification, and if he does so, the Houses shall meet accordingly.
(4) If at the joint sitting of the two Houses the Bill, with such amendments, if any, as are agreed to in joint
sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall
be deemed for the purposes of this Constitution to have been passes by both Houses:
Provided that at a joint sitting –
(a) if the Bill, having been passed by one House, has not been passed by other House with amendments
and returned to the House in which it originated, no amendment shall be proposed to the Bill other than
such amendments (if any) as are made necessary by the delay in the passage of the Bill;
(b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to
the Bill and such other amendments as are relevant to the matters with respect to which the Houses have
not agreed,
and the decision of the person presiding as to the amendments which are admissible under this clause
shall be final.
(5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a
dissolution of the House of the People has intervened since the President notified his intention to summon
the Houses to meet therein.

Article 109 : Special procedure in respect of Money Bills

(1) A Money Bill shall not be introduced in the Council of States.
(2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council
of States for its recommendations and the Council of States shall within a period of fourteen days from
the date of its receipt of the Bill return the Bill to the House of the People with its recommendations and
the House of the People may thereupon either accept or reject all or any of the recommendations of the
Council of States.
(3) If the House of the People accepts any of the recommendations of the Council of States, the Money
Bill shall be deemed to have been passed both Houses with the amendments recommended by the Council
of States and accepted by the House of the People.
(4) If the House of the People does not accept any of the recommendations of the Council of States, the
Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by
the House of the People without any of the amendments recommended by the Council of States.
(5) If a Money Bill passed by the House of the People and transmitted to the Council of States for its
recommendations is not returned to the House of the People within the said period of fourteen days, it
shall be deemed to have been passed by both Houses at the expiration of the said period in the form in
which it was passed by the House of the People.

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Article 110 : Definition of “Money Bills”
(1) For the purpose of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only
provisions dealing with all or any of the following matters, namely: –
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India
or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by
the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of India, 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 India;
(e) the declaration of any expenditure to be expenditure charged on the Consolidated Fund of India or the
increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the
custody or issue of such money or the audit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub-clause (a) to (f).
(2) 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, 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, alteration or regulation of
any tax by any local authority of body for local purposes.
(3) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House
of the People thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the Council of States under
article 109, and when it is presented to the President for assent under article 111, the certificate of the
Speaker of the House of the People signed by him that it is a Money Bill.

Article 111 : Assent to Bills

When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the
President shall declare either that he assents to the Bill, or that he withholds assent therefrom:
Provided that the President may, as soon as possible after the presentation to him of a Bill for assent,
return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider
the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing
any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses
shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without
amendment and presented to the President for assent, the President shall not withhold assent therefrom.

Procedure in Financial Matters

Article 112 : Annual financial statement
(1) The President shall in respect of every financial year cause to be laid before both the Houses of
Parliament a statement of the estimated receipts and expenditure of the Government of India for that year,
in this Part referred to as the “annual financial statement”.
(2) The estimates of expenditure embodied in the annual financial statement shall show separately –
(a) the sums required to meet expenditure described by this Constitution as expenditure charged upon the
Consolidated Fund of India; and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of
India,
and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the consolidated Fund of India –
(a) the emoluments and allowances of the President and other expenditure relating to his office;
(b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the
Speaker and the Deputy Speaker of the House of the People;
(c) debt charges for which the Government of India is liable including interest, sinking fund charges and
redemption charges, and other expenditure relating to the raising of loans and the service and redemption
of debt;
(d)(i) the salaries, allowances and a pensions payable to or in respect of Judges of the Supreme court:
(ii) the pensions payable to or in respect of Judges of the Federal Court;
(iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in
relation to any area included in the territory of India or which at any time before the commencement of
this Constitution exercised jurisdiction in relation to any area included in a Governor’s Province of the
Dominion of India;
(e) the salary, allowance and pension payable to or in respect of the Comptroller and Auditor-General of
India;
(f) any sums required to satisfy any judgement, decree or award of any court or arbitral tribunal;
(g) any other expenditure declared by this Constitution or by Parliament by law to be so charged.

Article 113 : Procedure in Parliament with respect to estimates

(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall
not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the
discussion in either House of Parliament of any of those estimates.

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of
demands for grants to the House of the People, and the House of the People shall have power to assent, or
to refuse to assent, to any demand, or to assent to any demand subject to a reduction the amount specified
therein.

(3) No demand for a grant shall be made except on the recommendation of the President.

Article 114 : Appropriation Bills

(1) As soon as may be after the grants under article 113 have been made by the House of the People, there
shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of India of all
moneys required to meet –
(a) the grants so made by the House of the People; and
(b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount
shown in the statement previously laid before Parliament.
(2) No amendments shall be proposed to any such Bill in either House of Parliament which will have the
effect of varying the amount or altering the destination of any grant so made or of varying the amount of
any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to
whether an amendment is inadmissible under this clause shall be final.
(3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the Consolidated
Fund of India except under appropriation made by law passed in accordance with the provisions of this
article.

Article 115 : Supplementary, additional or excess grants

(1) The President shall –
(a) if the amount authorised by any law made in accordance with the provisions of article 114 to be
expended for a particular service for the current financial year is found to be insufficient for the purposes
of that year when a need has arisen during the current financial year for supplementary or additional
expenditure upon some new service not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of the amount granted for
that service and for that year,
cause to be laid before both the Houses of Parliament another statement showing the estimated amount of
that expenditure or cause to be presented to the House of the People a demand for such excess, as the case
may be.
(2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and
expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the
Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have
effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand
for a grant and the law to be made for the authorisation of appropriation of moneys out of the
Consolidated Fund of India to meet such expenditure or grant.

Article 116 : Votes on account, votes of credit and exceptional grants

(1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall
have power –
(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year
pending the completion of the procedure prescribed in article 113 for the voting of such grant and the
passing of the law in accordance with the provisions of article 114 in relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the resources of India when on account of
the magnitude or the indefinite character of the service the demand cannot be stated with the details
ordinarily given in an annual financial statement;
(c) to make an exceptional grant which forms no part of the current service of any financial year,
and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated
Fund of India for the purposes for which the said grants are made.
(2) The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under
clause (1) and to any law to be made under that clause as they have effect in relation to the making of a
grant with regard to any expenditure mentioned in the annual financial statement and the law to be made
for the authorisation of appropriation of moneys out of the Consolidate Fund of India to meet such
expenditure.

Article 117 : Special provisions as to financial Bills

(1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of
clause (1) of article 110 shall not be introduced or moved except on the recommendation of the President
and a Bill making such provision shall not be introduced in the Council of States:
Provided that no recommendation shall be required under this clause for the moving of an amendment
making provision for the reduction or abolition of any tax.
(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason
only that it provides for the imposition of fines or other pecuniary 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 local authority or body for local purpose.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated
Fund of India shall not be passed by either House of Parliament unless the President has recommended to
that House the consideration of the Bill.

Procedure Generally
Article 118 : Rules of procedure
(1) Each House of Parliament may make rules for regulating, subject to the provisions of this
Constitution, its procedure and the conduct of its business.
(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately
before the commencement of this Constitution with respect to the Legislature of the Dominion of India
shall have effect in relation to Parliament subject to such modifications and adaptations as may be made
therein by the Chairman of the Council of States of the speaker of the House of the People, as the case
may be.
(3) The President, after consultation with the Chairman of the Council of States and the Speaker of the
House of the People, may make rules as to the procedure with respect to joint sittings of, and
communications between, the two Houses.
(4) At a joint sitting of the two Houses the Speaker of the House of People, or in his absence such person
as may be determined by rules of procedure made under clause (3), shall preside.

Article 119 : Regulation by law of procedure in Parliament in relation to financial business

Parliament may, for the purpose of the timely completion of financial business, regulate by law the
procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter
or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, and, if and so far as
any provision of any law so made is inconsistent with any rule made by a House of Parliament under
clause (1) of article 118 or with any rule or standing order having effect in relation to Parliament under
clause (2) of that article, such provision shall prevail.

Article 120 : Language to be used in Parliament

(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348 business in
Parliament shall be transacted in Hindi or in English:
Provided that the Chairman of the Council of States or Speaker of the House of the People, or person
acting as such, as the case may be, may permit any member who cannot adequately express himself in
Hindi or in English to address the House in his mother-tongue.
(2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of
fifteen years from the commencement of this Constitution, have effect as if the words “or in English”
were omitted therefrom.

Article 121 : Restriction on discussion in Parliament

No discussion shall take place in Parliament with respect of the conduct of any Judge of the Supreme
Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to
the President praying for the removal of the Judge as herein after provided.

Article 122 : Courts not inquire into proceedings of Parliament

(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any
alleged irregularity of procedure.
(2) No officer or member of Parliament in whom powers are vested by or vested by or under this
Constitution for regulating 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 those powers.

Info Bits Related With Passing of Bills

Question : When will a bill lapse?
A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.
A Bill pending in the Council of States which has not been passed by the House of the People shall not
lapse on a dissolution of the House of the People.
A Bill which is pending in the House of the People, or which having been passed by the House of the
People is pending in the Council of States, shall subject to the provisions of article 108, lapse on a
dissolution of the House of the People.
Question : What is a money bill?
A bill is Money Bill if it deals only with the provisions of Article 110 in India Constitution. The
provisions include :
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India
or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by
the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of India, 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 India;
(e) the declaration of any expenditure to be expenditure charged on the Consolidated Fund of India or the
increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the
custody or issue of such money or the audit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub-clause (a) to (f).
NB : 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, 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, alteration or regulation of
any tax by any local authority of body for local purposes.
NB: If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House
of the People thereon shall be final.
NB: There shall be endorsed on every Money Bill when it is transmitted to the Council of States under
article 109, and when it is presented to the President for assent under article 111, the certificate of the
Speaker of the House of the People signed by him that it is a Money Bill.

Conflict resolution mechanism or balance of power between Legislature and Judiciary in the Indian
Constitution
Article 122 : Courts not inquire into proceedings of Parliament.

(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any
alleged irregularity of procedure.
(2) No officer or member of Parliament in whom powers are vested by or vested by or under this
Constitution for regulating 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 those powers.

Article 121 : Restriction on discussion in Parliament

No discussion shall take place in Parliament with respect of the conduct of any Judge of the Supreme
Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to
the President praying for the removal of the Judge as herein after provided.
The Union Judiciary ie. The Supreme Court (Articles 124-147)
Filed under: Indian Polity Notes and tagged with: UPSC Mains General Studies Paper 2 (GS2) and last
updated on November 21st, 2016 at 5:06 pm.
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Chapter IV under Part V of the constitution (Union) deals with the The Union Judiciary. The constitution
and jurisdiction of Supreme Court is stated in detail from articles 124-147. Unlike the other two branches,
executive and legislature, in India Judiciary is integrated. This means that even though there may be High
Courts in states, the law declared by the Supreme Court shall be binding on all courts within the territory
of India (Article 141). Now let’s look into the details of each article dealing with the Union Judiciary.

Supreme Court of India

Article 124: Establishment and Constitution of Supreme Court

(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by
law prescribes a larger number, of not more than seven other Judges.
(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and
seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States
as the President may deem necessary for the purpose and shall hold office until he attains the age of
sixty-five years:
Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India
shall always be consulted:
Provided further that –
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a judge may be removed from his office in the manner provide in clause (4).
(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner
as Parliament may by law provide.
(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen
of India and –
(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or of two or more such Courts in
succession; or
(c) is, in the opinion of the President, a distinguished jurist.
Explanation I: In this clause “High Court” means a High Court which exercises, or which at any time
before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.
Explanation II: In computing for the purpose of this clause the period during which a a person has been an
advocate, any period during which a person has held judicial office not inferior to that of a district judge
after he became an advocate shall be included.
(4) A Judge of the Supreme Court shall not be removed from his office except by an order of the
President passed after an address by each House of Parliament supported by a majority of the total
membership of that House and by a majority of not less than two-thirds of the members of that House
present and voting has been presented to the President in the same session for such removal on the ground
of proved misbehaviour or incapacity.
(5) Parliament may by law regulate the procedure for the presentation of an address and for the
investigation and proof of the misbehaviour or incapacity of a Judge under clause (4).
(6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office,
make and subscribe before the President, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third Schedule.
(7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court of
before any authority within the territory of India.

Article 125: Salaries, etc., of Judges

(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by
Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the
Second Schedule.
(2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave
of absence and pension as may from time to time be determined by or under law made by Parliament and,
until so determined, to such privileges, allowances and rights as are specified in the Second Schedule:
Provided that neither the privileges not the allowances of a Judge nor his rights in respect of leave of
absence or pension shall be varied to his disadvantage after his appointment.

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Article 126: Appointment of acting Chief Justice
When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or
otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such
one of the other Judges of the Court as the President may appoint for the purpose.

Article 127: Appointment of ad hoc Judges

(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or
continue any session of the Court, the Chief Justice of India may, with the previous consent of the
President and after consultation with the Chief Justice of the High Court concerned, request in writing the
attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge
of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the
Chief Justice of India.
(2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office to
attend the sittings of the Supreme Court at the time and for the period for which his attendance is
required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall
discharge the duties, of a Judge of the Supreme Court.

Article 128: Attendance of retired Judges at sittings of the Supreme Court

Notwithstanding anything in this Chapter, the Chief Justice of India may at any time, with the previous
consent of the President, request any person who as held the office of a Judge of the Supreme Court or of
the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for
appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court, and every
such person so requested shall, while so sitting and acting, be entitled to such allowances as the President
may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be
deemed to be, a Judge of that Court:
Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act
as a Judge of that Court unless he consents so to do.

Article 129: Supreme Court to be a court of record

The Supreme Court shall be a court of record and shall have all the powers of such a court including the
power to punish for contempt of itself.

Article 130: Seat of Supreme Court

The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may,
with the approval of the President, from time to time, appoint.
Article 131: Original jurisdiction of the Supreme Court
Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court,
have original jurisdiction in any dispute –
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State of States on one side and one or more other States on
the other; or
(c) between two or more States.

if and in so far as the dispute involves any question (whether of law or fact) on which the existence or
extent of a legal right depends:
Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement,
covenant, engagement, sanad of other similar instrument which, having been entered into or executed
before the commencement of this Constitution, continues in operation after such commencement or which
provides that the said jurisdiction shall not extend to such a dispute.

Article 131A: Executive jurisdiction of the Supreme Court in regard to questions as to constitutional
validity of Central laws
{…} —Repealed.
Article 132: Appellate jurisdiction of Supreme Court in appeals from High Court in certain cases
(1) An appeal shall lie to the Supreme Court from any judgement, decree of final order of a High Court in
the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies under
article 134A that the case involves a substantial question of law as to the interpretation of this
Constitution.
(2) {…}
(3) Where such a certificate is given, any party in the case may appeal to the Supreme Court on the
ground that any such question as aforesaid has been wrongly decided.
Explanation: For the purpose of this article, the expression “final order” includes an order deciding an
issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.

Article 133: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil
matters
(1) An appeal shall lie to the Supreme Court room any judgement, decree or final order in a civil
proceeding of a High Court in the territory of India if the High Court certifies under article 134A –
(a) that the case involves a substantial question of law of general importance; and
(b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
(2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1)
may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of
this Constitution has been wrongly decided.
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides,
lie to the Supreme Court from the judgement, decree or final order of one Judge of a High Court.

Article 134: Appellate jurisdiction of Supreme Court in regard to criminal matters

(1) An appeal shall lie to the Supreme Court from any judgement, final order or sentence in a criminal
proceeding of a High Court in the territory of India if the High Court –
(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in
such trial convicted the accused person and sentenced him to death; or
(c) certified under article 134A that the case is a fit one for appeal to the Supreme Court:
Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that
behalf under clause (1) of article 145 and to such conditions as the High Court may establish or require.
(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals
from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of
India subject to such conditions and limitations as may be specified in such law.

Article 134A: Certificate for appeal to the Supreme Court

Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1)
of article 132 or clause (1) of article 133, or clause (1) of article 134, –
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the
passing or making of such judgment, decree final order or sentence,
determine, as soon as may be after such passing or making, the question whether a certificate of the nature
referred to in clause (1) of article 132, or clause (1) or article 133 or, as the case may be, sub-clause (c) of
clause (1) of article 134, may be given in respect of that case.

Article 135: Jurisdiction and powers of the Federal Court under existing law to be exercisable by the
Supreme Court
Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers
with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction
and powers in relation to that matter were exercisable by the Federal Court immediately before the
commencement of this Constitution under any existing law.

Article 136: Special leave to appeal by the Supreme Court

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special
leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed
or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by
any court or tribunal constituted by or under any law relating to the Armed Forces.

Article 137: Review of judgements or orders by the Supreme Court

Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme
Court shall have power to review any judgment pronounced or order made by it.

Article 138: Enlargement of the jurisdiction of the Supreme Court

(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters
in the Union List as Parliament may by law confer.
(2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the
Government of India and the Government of any State may by special agreement confer, if Parliament by
law provides for the exercise of such jurisdiction and powers by the Supreme Court.

Article 139: Conferment on the Supreme Court of powers to issue certain writs
Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including
writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them,
for any purposes other than those mentioned in clause (2) of article 32.

Article 139A: Transfer of certain cases

(1) Where cases involving the same or substantially the same questions of law are pending before the
Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court
is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to
any such case that such questions are substantial questions of general importance, the Supreme Court may
withdraw the case or cases pending before the High Court of the High Courts and dispose of all the cases
itself:
Provided that the Supreme Court may after determining the said questions of law return any case so
withdrawn together with a copy of its judgment on such questions to the High Court from which the case
has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in
conformity with such judgment.
(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case,
appeal or other proceedings pending before any High Court to any other High Court.

Article 140: Ancillary powers of Supreme Court

Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers
not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable
for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or
under this Constitution.

Article 141: Law declared by Supreme Court to be binding on all courts

The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is
necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or
order so made shall be enforceable throughout the territory of India in such manner as may be prescribed
by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as
the President may by order prescribe.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as
respects the whole of the territory of India, have all and every power to make any order for the purpose of
securing the attendance of any person, the discovery or production of any documents, or the investigation
or punishment of any contempt of itself.

Article 143: Power of President to consult Supreme Court

(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise,
which is of such a nature and of such public importance that it is expedient to obtain the opinion of the
Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after
such hearing as it thinks fit, report to the President its opinion thereon.
(2) The President may, notwithstanding anything in the proviso to article 131, refer a dispute of the kind
mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after
hearing as it things fit, report to the President its opinion thereon.

Article 144: Civil and judicial authorities to act in aid of the Supreme Court
All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.

Article 144A: Special provisions as to disposal of questions relating to constitutional validity of laws
{…} — Repealed
Article 145: Rules of Court, etc.
(1) Subject to the provisions of any law made by Parliament, the Supreme Court may from time to time,
with the approval of the President, make rules for regulating generally the practice and procedure of the
Court including –
(a) rules as to the persons practising before the Court;
(b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time
within which appeals to the Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III;
(cc) rules as to the proceedings in the Court under article 139A;
(d) rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134;
(e) rules as to the conditions subject to which any judgement pronounced or order made by the Court may
be reviewed and the procedure for such review including the time within which applications to the Court
or such review are to be entered;
(f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged
in respect of proceedings therein;
(g) rules as to the granting of bail;
(h) rules as to stay of proceedings;
(i) rules providing for the summary determination of any appeal which appears to the Court to be
frivolous or vexations or brought for the purpose of delay;
(j) rules as to the procedure for inquiries referred to in clause (1) of article 317.
(2) Subject to the provisions of clause (3), rules made under this article may fix the minimum number of
Judges who are to sit for any purpose, and may provide for the powers of single Judges and Division
Courts.
(3) The minimum number of Judges who are to sit for the purpose of deciding any case involving a
substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any
reference under article 143 shall be five:
Provided that, where the Court hearing an appeal under any of the provisions of this Chapter other than
article 132 consists of less than five Judges and in the course of the hearing of the appeal of the Court is
satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution
the determination of which is necessary for the disposal of the appeal, such Court shall refer the question
for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving
such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion.
(4) No judgement shall be delivered by the Supreme Court save in open Court, and no report shall be
made under article 143 save in accordance with an opinion also delivered in open Court.
(5) No judgement and so such opinion shall be delivered by the Supreme Court save with the concurrence
of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to
prevent a Judge who does not concur from delivering a dissenting judgement or opinion.

Article 146: Officers and servants and the expenses of the Supreme Court
(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of
India or such other Judge or officer of the Court as he may direct:
Provided that the President may by rule require that in such cases as may be specified in the rule, no
person not already attached to the Court shall be appointed to any office connected with the Court, save
after consultation with the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and
servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of
India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules
for the purpose:
Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or
pensions, require the approval of the President.
(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions
payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated
Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund.

Article 147: Interpretation

In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the
interpretation of this Constitution shall be construed as including references to any substantial question of
law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or
supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian
Independence Act, 1947, or of any order made thereunder.

Info- Bits related with Supreme Court

Supreme Court can strike down certain provisions/amendments of Indian Constitution, if it feels that the
provisions are unconstitutional or alter the basic structure of the constitution. But striking down does not
take away the provisions from the Constitution. To take away the provisions, Parliament has to present a
Constitution Amendment bill to repeal the provisions

Comptroller and Auditor-General of India : CAG (Articles 148-151)

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Chapter V under Part V of the Indian Consitution deals with the Comptroller and Auditor-General of
India (CAG). CAG is responsible for auditing the accounts of the Union and State governments and
public sector organizations, and for maintaining the accounts of State governments. The reports of the
CAG are taken into consideration by the Public Accounts Committees. CAG enjoys the same status as a
judge of Supreme Court of India.

Article 148: Comptroller and Auditor-General of India

(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by
warrant under his hand and seal and shall only be removed from office in like manner and on the like
grounds as a Judge of the Supreme Court.
(2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters
upon his office, make and subscribe before the President, or some person appointed in that behalf by him,
an oath or affirmation according to the form set out for the purpose in the Third Schedule.
(3) The salary and other conditions of service of the Comptroller and Auditor- General shall be such as
may be determined by Parliament by law and, until they are so determined, shall be as specified in the
Second Schedule:
Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of
absence, pension or age of retirement shall be varied to his disadvantage after his appointment.
(4) The Comptroller and Auditor-General shall not be eligible for further office either under the
Government of India or under the Government of any State after he has ceased to hold his office.
(5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of
service of persons serving in the Indian Audit and Accounts Department and the administrative powers of
the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President
after consultation with the Comptroller and Auditor-General.
(6) The administrative expenses of the office of the Comptroller and Auditor- General, including all
salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be
charged upon the Consolidated Fund of India.

Article 149: Duties and powers of the Comptroller and Auditor-General

The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to
the accounts of the Union and of the States and of any other authority or body as may be prescribed by or
under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties
and exercise such powers in relation to the accounts of the Union and of the States as were conferred on
or exercisable by the Auditor-General of India immediately before the commencement of this
Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively.

Article 150: Form of accounts of the Union and of the States

The accounts of the Union and of the States shall be kept in such form as the President may, on the advice
of the Comptroller and Auditor-General of India, prescribe.

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Article 151: Audit reports
(1) The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union
shall be submitted to the President, who shall cause them to be laid before each House of Parliament.
(2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be
submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State.

Info-Bits Related with Comptroller and Auditor-General of India

State Accountants General (SAG) works under CAG. The Finance Accounts and Appropriation Accounts
are audited by the respective State Accountants General (Audit) before submission to the CAG of India
for certification and submission to the Governor / Administrator of Union Territory for being caused to be
laid before the State Legislature.
Apart from the Constitutional provisions, Comptroller and Auditor-General’s (Duties, Powers and
Conditions of Service) Act, 1971 (56 of 1971) also provides for the power of CAG. The act determines
the conditions of service of the Comptroller and Auditor-General of India and prescribes his duties and
powers and for that matters connected therewith or incidental thereto.
CAG reforms that can be suggested (Suggestions of Vinod Rai): (1)Bring all private-public partnerships
(PPPs), Panchayti Raj Institutions and government-funded societies, within the ambit of the CAG. (2)
Amendments to the CAG Act of 1971 to keep pace with the changes in governance. (3)A collegium type
mechanism to choose a new CAG on the lines of selecting a Chief Vigilance Commissioner (CVC).
“Audit has an adversarial function. In any situation whether it is private or public or government or
whatever it is, it has an adversarial function. We are not going to praise government policies in an
adversarial function. What is the purpose of audit — to look into actions taken and try to ensure that the
actions that have been taken are as per the rules and procedures.” – Vinod Rai, Former CAG.
The CAG is also the head of the Indian Audit and Accounts Department, the affairs of which are managed
by officers of Indian Audit and Accounts Service.

The International Organisation of Supreme Audit Institutions (INTOSAI) operates as an umbrella

organisation for the external government audit community. INTOSAI was founded in 1953 at the
initiative of Emilio Fernandez Camus, then President of the SAI of Cuba. At present INTOSAI has 192
Full Members and 5 Associated Members. INTOSAI is an autonomous, independent and non-political
organisation. It is a non-governmental organisation with special consultative status with the Economic
and Social Council (ECOSOC) of the United Nations. It has provided an institutionalised framework for
supreme audit institutions to promote development and transfer of knowledge, improve government
auditing worldwide and enhance professional capacities, standing and influence of member SAIs in their
respective countries. In keeping with INTOSAI’s motto, ‘Experientia mutua omnibus prodest’, the
exchange of experience among INTOSAI members and the findings and insights which result, are a
guarantee that government auditing continuously progresses with new developments