PART 5: Constitution Of India

🇮🇳 PART V: THE UNION

CHAPTER I – THE EXECUTIVE

The President and Vice-President

Article 52: The President of India

• Original Text: “There shall be a President of India.”
• Simple Explanation: Establishes the office of the President as the head of the Indian State (the executive head of the Union).
• Example: The existence of the President as the formal head of the country, who performs ceremonial duties and exercises powers as laid down in the Constitution.

Article 53: Executive power of the Union

• Clause (1):
  • Original Text: “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.”
  • Simple Explanation: All executive functions and powers of the Central Government are formally held by the President. The President can exercise these powers personally or through government officials (like Ministers, civil servants) acting under his authority, following the rules of the Constitution. In practice, under the parliamentary system, the President exercises these powers mostly on the advice of the Council of Ministers headed by the Prime Minister.
  • Example: Appointing Ambassadors, signing treaties, or issuing executive orders are done in the name of the President, usually based on the advice of the government.
• Clause (2):
  • Original Text: “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.”
  • Simple Explanation: Declares the President as the Supreme Commander of India’s Armed Forces (Army, Navy, Air Force). However, how this command is exercised is controlled by laws made by Parliament.
  • Example: The President appoints the Chiefs of the Army, Navy, and Air Staff. Declarations of war or peace are made in the President’s name, though actual military operations are conducted under government direction and parliamentary oversight.
• Clause (3):
  • Original Text: “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.”
  • Simple Explanation: Clarifies that:
    • (a) Vesting executive power in the President doesn’t automatically take away powers given by pre-Constitution laws to State Governments or other bodies.
    • (b) Parliament can still pass laws giving executive functions to authorities other than the President.
  • Example:
    • (a) If an old law gave certain licensing powers to a state authority, Article 53 doesn’t automatically transfer that power to the President.
    • (b) Parliament can create statutory bodies (like SEBI or TRAI) and give them specific executive powers through legislation.

Article 54: Election of President

• Original Text: “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 (Added by 70th Amendment Act, 1992): “‘State’ includes the National Capital Territory of Delhi and the Union territory of Pondicherry.” (Now Puducherry).
• Simple Explanation: The President is elected indirectly, not by the general public directly. The voters are members of an ‘Electoral College’ which includes:
  • (a) Elected MPs from Lok Sabha and Rajya Sabha (Nominated members do not vote).
  • (b) Elected MLAs from all State Legislative Assemblies, and also from the Union Territories of Delhi and Puducherry (as they have assemblies).
• Example: When Presidential elections occur, the elected MPs and MLAs cast their votes. Nominated members of Rajya Sabha or State Legislative Councils are not part of this electoral college.

Article 55: Manner of election of President

• Clause (1):
  • Original Text: “As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.”
  • Simple Explanation: Aims to ensure that the votes of MLAs from different states have a comparable weight relative to their population, achieving uniformity among states.
• Clause (2):
  • Original Text: Outlines the formula to achieve uniformity between states and parity between the States as a whole and the Union (Parliament):
    • (a) Value of an MLA’s vote = (Total population of the State) / (Total number of elected MLAs in the State Assembly * 1000).
    • (b) If the remainder after division in (a) is 500 or more, add 1 to the value of each MLA’s vote.
    • (c) Value of an MP’s vote = (Total value of votes of all elected MLAs of all States) / (Total number of elected MPs in Lok Sabha + Rajya Sabha). Fractions over half are counted as one.
  • Simple Explanation: Provides the method to calculate the voting power of each MLA and MP. An MLA’s vote value depends on the state’s population and the size of its assembly. This ensures states with larger populations have a proportionally greater say. An MP’s vote value is calculated to ensure the total voting power of all MPs roughly equals the total voting power of all MLAs nationwide, establishing parity between the Union and the States.
  • Example: An MLA from Uttar Pradesh (large population) will have a vote value much higher than an MLA from Sikkim (small population). The value of an MP’s vote (whether from Lok Sabha or Rajya Sabha) is the same for all MPs and is derived from the total value of all MLA votes.
• Clause (3):
  • Original Text: “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.”
  • Simple Explanation: Specifies the voting method:
    • Proportional Representation by Single Transferable Vote (STV): Voters (MPs/MLAs) rank candidates in order of preference. If no candidate gets a required quota of first-preference votes, the candidate with the fewest votes is eliminated, and their votes are transferred to the voters’ next preference. This continues until a candidate reaches the quota. It ensures the winner has broad support.
    • Secret Ballot: Voting is confidential.
  • Example: Voters mark ‘1’, ‘2’, ‘3’ etc. against candidates’ names. Vote counting involves transfers based on these preferences until a winner emerges with the necessary majority (quota).
• Explanation: (Note: Substituted by 42nd Amendment, 1976; reference to year 2000 changed to 2026 by 84th Amendment, 2001).
  • Original Text: “‘population’ means the population as ascertained at the last preceding census… shall, until the relevant figures for the first census taken after the year [2026] have been published, be construed as a reference to the 1971 census.”
  • Simple Explanation: For calculating MLA vote values, ‘population’ currently refers to the population figures from the 1971 Census. This freeze was intended to avoid penalizing states that controlled population growth, and will continue until after the first census post-2026.
  • Example: Even today, the vote value of an MLA from any state in the Presidential election is calculated using the state’s 1971 population data.

Article 56: Term of office of President

• Clause (1):
  • Original Text: “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… resign…; (b) the President may… be removed from office by impeachment… (Article 61); (c) the President shall… continue to hold office until his successor enters upon his office.”
  • Simple Explanation: The President’s term is 5 years from the date they start office. However:
    • (a) They can resign by writing to the Vice-President.
    • (b) They can be removed for violating the Constitution through a special process called Impeachment (detailed in Article 61).
    • (c) Even if the 5-year term ends, the President stays in office until the newly elected President takes over (ensuring continuity).
  • Example: If a President’s term ends on July 24th, but the new President takes office on July 25th, the outgoing President continues for that extra day.
• Clause (2):
  • Original Text: “Any resignation addressed to the Vice-President under clause (a)… shall forthwith be communicated by him to the Speaker of the House of the People.”
  • Simple Explanation: If the President resigns, the Vice-President must immediately inform the Speaker of the Lok Sabha.
  • Example: Formal procedure ensuring the legislative head is informed of the executive head’s resignation.

Article 57: Eligibility for re-election

• Original Text: “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.”
• Simple Explanation: A person who is currently President or has been President before can be elected to the office again. There is no limit on the number of terms a person can serve as President (unlike the US President, who is limited to two terms).
• Example: Dr. Rajendra Prasad served two terms as President of India.

Article 58: Qualifications for election as President

• Clause (1):
  • Original Text: “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.”
  • Simple Explanation: To be eligible for election as President, a person must meet three conditions:
    • (a) Be an Indian citizen.
    • (b) Be at least 35 years old.
    • (c) Be qualified to be elected as a member of the Lok Sabha (e.g., must be a registered voter, not be disqualified under representation laws).
  • Example: A 40-year-old Indian citizen who is eligible to contest Lok Sabha elections meets these basic qualifications.
• Clause (2):
  • Original Text: “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.”
  • Simple Explanation: A person cannot be elected President if they hold an ‘office of profit’ (a paid position that could potentially compromise their independence) under the Union, State, or local governments.
  • Example: A government employee (like a civil servant or PSU employee) must resign from their post before contesting the Presidential election.
• Explanation:
  • Original Text: “…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.” (Note: “Rajpramukh/Uparajpramukh” omitted by 7th Amendment, 1956).
  • Simple Explanation: Clarifies that holding the office of President, Vice-President, State Governor, or being a Union or State Minister is not considered holding an ‘office of profit’ for the purpose of disqualification from Presidential election.
  • Example: A sitting Vice-President, a State Governor, or a Union Minister can contest the Presidential election without resigning from their current position first. (However, if elected President, they would vacate their previous office as per Article 59).

Article 59: Conditions of President’s office

• Clause (1):
  • Original Text: “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… 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.”
  • Simple Explanation: The President cannot simultaneously be an MP or an MLA/MLC. If an existing MP or MLA/MLC is elected President, their seat in the legislature automatically becomes vacant the day they assume the President’s office.
  • Example: If a sitting Lok Sabha MP is elected President, they cease to be an MP from the date they are sworn in as President.
• Clause (2):
  • Original Text: “The President shall not hold any other office of profit.”
  • Simple Explanation: The President cannot hold any other paid position or ‘office of profit’ while serving as President.
  • Example: The President cannot simultaneously be the chairman of a company or hold a paid position in a university.
• Clause (3):
  • Original Text: “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… so made, such… as are specified in the Second Schedule.”
  • Simple Explanation: The President gets to use official residences (like Rashtrapati Bhavan) rent-free. Their salary, allowances, and other privileges are decided by Parliament through law. Until Parliament makes such a law, the details specified in the Second Schedule of the Constitution apply.
  • Example: The President’s salary, medical benefits, travel allowances, and post-retirement benefits are governed by Acts passed by Parliament, like the President’s Emoluments and Pension Act.
• Clause (4):
  • Original Text: “The emoluments and allowances of the President shall not be diminished during his term of office.”
  • Simple Explanation: The President’s salary and allowances cannot be reduced while they are in office. This ensures their independence.
  • Example: Even during a financial emergency, the President’s salary cannot be cut.

Article 60: Oath or affirmation by the President

• Original Text: “Every President and every person acting as 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…” [Form specifies swearing/affirming to faithfully execute the office, preserve, protect and defend the Constitution and the law, and devote oneself to the service and well-being of the people of India].
• Simple Explanation: Before starting their term, the President (or anyone acting as President, like the Vice-President) must take an oath or make an affirmation. This is usually administered by the Chief Justice of India (CJI), or the next most senior Supreme Court judge if the CJI is unavailable. The oath includes a pledge to uphold and protect the Constitution and dedicate themselves to serving the people.
• Example: The swearing-in ceremony where the President takes the oath, administered by the Chief Justice, which is broadcast nationally.

Article 61: Procedure for impeachment of the President

• Clause (1):
  • Original Text: “When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.”
  • Simple Explanation: Impeachment is the process to remove the President for violating the Constitution. The process must start in either the Lok Sabha or the Rajya Sabha by bringing a formal charge.
  • Example: If a group of MPs believes the President has acted against the Constitution, they can initiate the impeachment process in their respective House.
• Clause (2):
  • Original Text: “No such charge shall be preferred unless— (a) the proposal… 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… and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.”
  • Simple Explanation: To formally bring the charge (prefer the charge):
    • (a) A written notice of the resolution proposing the charge must be signed by at least 25% (one-fourth) of the total members of the House where it’s being introduced. This notice must be given at least 14 days before the resolution is moved.
    • (b) The resolution containing the charge must then be passed by a special majority: at least two-thirds of the total number of members of that House (not just those present and voting).
  • Example: In the Lok Sabha (total strength 543), at least 136 members must sign the notice. To pass the resolution, at least 362 members (two-thirds of 543) must vote in favour.
• Clause (3):
  • Original Text: “When a charge has been so preferred by either House…, 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.”
  • Simple Explanation: Once one House passes the resolution with the charge, the other House acts as the investigating body (or sets up a body to investigate). The President has the right to defend themselves during this investigation, either personally or through a legal representative.
  • Example: If the Lok Sabha passes the impeachment resolution, the Rajya Sabha will conduct the investigation. The President can present evidence and arguments to the Rajya Sabha committee or the House itself.
• Clause (4):
  • Original Text: “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… declaring that the charge… 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.”
  • Simple Explanation: If the investigating House, after the investigation, also passes a resolution by a special majority (at least two-thirds of its total membership) stating that the charge against the President is proven, the President is removed from office immediately from the moment the resolution is passed.
  • Example: If the Rajya Sabha, after investigating, passes the resolution with the required two-thirds majority of its total members, the President stands impeached and removed from office. (No President of India has faced impeachment so far).

Article 62: Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy

• Clause (1):
  • Original Text: “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.”
  • Simple Explanation: The election for the next President must be finished before the current President’s 5-year term ends, ensuring there’s no gap.
  • Example: If the President’s term ends on July 24th, the election process (voting, counting, declaration of results) must be completed before that date.
• Clause (2):
  • Original Text: “An election to fill a vacancy… 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… shall, subject to… article 56, be entitled to hold office for the full term of five years…”
  • Simple Explanation: If the President’s office becomes vacant unexpectedly (due to death, resignation, impeachment, etc.), an election to fill the vacancy must be held quickly, and definitely within 6 months. The person elected in such a mid-term election serves a full 5-year term, not just the remainder of the previous President’s term.
  • Example: If a President resigns 2 years into their term, the election for the new President must happen within 6 months. The person elected will serve a fresh 5-year term. (During the vacancy, the Vice-President acts as President – see Article 65).

Article 63: The Vice-President of India

• Original Text: “There shall be a Vice-President of India.”
• Simple Explanation: Establishes the office of the Vice-President of India.
• Example: The existence of the Vice-President as the second-highest constitutional office in India.

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

• Original Text: “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… he shall not perform the duties of the office of Chairman… and shall not be entitled to any salary or allowance payable to the Chairman…”
• Simple Explanation: The Vice-President automatically serves as the Chairman of the Rajya Sabha (Council of States) simply by virtue of holding the office of Vice-President (‘ex-officio’). They cannot hold any other paid position (‘office of profit’).
  • Proviso: When the Vice-President temporarily acts as President (under Article 65), they do not perform the duties of the Rajya Sabha Chairman during that time and do not receive the Chairman’s salary. (The Deputy Chairman of Rajya Sabha presides then).
• Example: The person elected as Vice-President presides over the sessions of the Rajya Sabha. If the President falls ill and the VP takes over presidential duties, the Deputy Chairman runs the Rajya Sabha sessions.

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

• Clause (1):
  • Original Text: “In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected… enters upon his office.”
  • Simple Explanation: If the President’s office becomes vacant (death, resignation, impeachment), the Vice-President takes over and acts as President until a new President is elected (which must happen within 6 months, per Article 62(2)).
  • Example: After the death of President Zakir Husain, Vice-President V.V. Giri acted as President until the new election.
• Clause (2):
  • Original Text: “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.”
  • Simple Explanation: If the President is temporarily unable to perform their duties (due to absence from the country, illness, etc.), the Vice-President carries out the President’s functions until the President is able to resume. The President remains President during this period.
  • Example: If the President undergoes surgery and needs time to recover, the Vice-President handles the presidential duties during the recovery period.
• Clause (3):
  • Original Text: “The Vice-President shall, during… 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… so made, such… as are specified in the Second Schedule.”
  • Simple Explanation: When the Vice-President is acting as President or discharging presidential functions, they have all the powers and protections (immunities) of the President and receive the President’s salary, allowances, and privileges (as determined by Parliament or specified in the Second Schedule), not the Vice-President’s or Rajya Sabha Chairman’s salary.
  • Example: While acting as President, the Vice-President can exercise all powers like granting pardons, promulgating ordinances (if conditions met), etc., and receives the President’s salary and resides in Rashtrapati Bhavan.

Article 66: Election of Vice-President

• Clause (1): (Note: Text reflects 11th Amendment Act, 1961, changing from joint meeting to electoral college).
  • Original Text: “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 the single transferable vote and the voting… shall be by secret ballot.”
  • Simple Explanation: The Vice-President is elected by an electoral college consisting of all members (both elected and nominated) of both Houses of Parliament (Lok Sabha and Rajya Sabha). State legislators (MLAs) do not participate in the VP election (unlike the Presidential election). The voting method is Proportional Representation by Single Transferable Vote (STV) using a secret ballot, similar to the Presidential election.
  • Example: All MPs (elected and nominated) from Lok Sabha and Rajya Sabha vote in the Vice-Presidential election.
• Clause (2):
  • Original Text: “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… 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.”
  • Simple Explanation: The Vice-President cannot be an MP or an MLA/MLC. If a sitting MP or MLA/MLC is elected Vice-President, they must vacate their legislative seat upon assuming the VP office.
  • Example: If a Rajya Sabha MP is elected Vice-President, they cease to be an MP from the date they take the oath as VP.
• Clause (3):
  • Original Text: “No person shall be eligible for election as Vice-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 Council of States.”
  • Simple Explanation: Eligibility criteria for Vice-President:
    • (a) Must be an Indian citizen.
    • (b) Must be at least 35 years old.
    • (c) Must be qualified to be elected as a member of the Rajya Sabha (Council of States).
  • Example: A 50-year-old Indian citizen eligible for Rajya Sabha membership meets these criteria.
• Clause (4):
  • Original Text: “A person shall not be eligible for election as Vice-President if he holds any office of profit…” (Similar to Article 58(2) for President).
  • Simple Explanation: A person holding an ‘office of profit’ under Union, State, or local governments is disqualified from being elected Vice-President.
  • Example: A university professor employed by a state university would need to resign to contest the Vice-Presidential election.
• Explanation:
  • Original Text: “…a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President… or the Governor… or is a Minister…” (Similar to Explanation in Article 58).
  • Simple Explanation: Holding the office of President, Vice-President, Governor, or Minister is not considered an ‘office of profit’ for disqualification purposes.
  • Example: A sitting Union Minister can contest the Vice-Presidential election without resigning first.

Article 67: Term of office of Vice-President

• Main Provision: “The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:”
  • Simple Explanation: The Vice-President serves a 5-year term.
• Proviso:
  • (a) “a Vice-President may… resign his office;” (by writing to the President).
    • Simple Explanation: The VP can resign by submitting a resignation letter to the President.
  • (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… shall be moved unless at least fourteen days’ notice has been given…”
    • Simple Explanation: The Vice-President can be removed. The process must start in the Rajya Sabha (Council of States). A resolution for removal needs to be passed by an effective majority (majority of all members at that time, excluding vacancies) in the Rajya Sabha. This resolution must then be agreed to by a simple majority (majority of members present and voting) in the Lok Sabha (House of the People). A 14-day prior notice is required before moving the resolution in the Rajya Sabha. (Note: Unlike the President, there’s no ground like ‘violation of the Constitution’ mentioned, and the process is simpler than impeachment).
    • Example: To remove the VP, a resolution must first pass the Rajya Sabha with support from more than half of its total current members, and then the Lok Sabha must agree to it by a simple majority vote.
  • (c) “a Vice-President shall… continue to hold office until his successor enters upon his office.”
    • Simple Explanation: Even after the 5-year term expires, the VP continues in office until the newly elected VP takes over.
    • Example: Ensures the office is never vacant due to routine expiry of term.

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

• Clause (1):
  • Original Text: “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.”
  • Simple Explanation: The election for the next Vice-President must be completed before the current VP’s term ends.
  • Example: Similar to the President, ensures smooth transition without a gap.
• Clause (2):
  • Original Text: “An election to fill a vacancy… 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… shall… be entitled to hold office for the full term of five years…”
  • Simple Explanation: If the VP’s office becomes vacant unexpectedly (death, resignation, removal), the election must be held as soon as possible (no specific timeframe like the 6 months for President is mentioned, but implicitly it should be prompt). The person elected serves a full 5-year term.
  • Example: If a VP resigns after 1 year, the newly elected VP serves a complete 5-year term. (Note: There’s no provision for anyone to ‘act as’ Vice-President during such a vacancy, unlike the VP acting as President).

Article 69: Oath or affirmation by the Vice-President

• Original Text: “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…” [Form specifies swearing/affirming to bear true faith and allegiance to the Constitution and faithfully discharge the duties of the office].
• Simple Explanation: Before starting their term, the Vice-President must take an oath or make an affirmation, administered by the President or someone appointed by the President. The oath includes pledging allegiance to the Constitution and promising to perform the duties faithfully.
• Example: The President administers the oath of office to the newly elected Vice-President.

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

• Original Text: “Parliament may make such provisions as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.”
• Simple Explanation: Allows Parliament to make laws to handle situations not covered in the Constitution (Chapter I of Part V) where the President’s functions need to be discharged. This covers unforeseen circumstances beyond the vacancy or absence scenarios addressed by Article 65 (where the VP acts as President). It also covers situations where both the President and Vice-President offices might be vacant simultaneously.
• Example: Parliament enacted the President (Discharge of Functions) Act, 1969, which states that if both the President and Vice-President offices are vacant, the Chief Justice of India (or the senior-most Supreme Court Judge, if CJI is unavailable) will discharge the functions of the President until a new President or Vice-President is elected and takes office.

Article 71: Matters relating to, or connected with, the election of a President or Vice-President

(Note: This Article was substantially modified by the 39th and 44th Amendments. The current text reflects the position after the 44th Amendment, 1978).

• Clause (1):
  • Original Text: “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.”
  • Simple Explanation: Any questions or disputes regarding the election of the President or Vice-President can only be investigated and settled by the Supreme Court of India. The Supreme Court’s decision on such matters is final and cannot be challenged elsewhere.
  • Example: If a candidate alleges malpractice in the Presidential election process, they must file a petition directly with the Supreme Court, not a High Court or any other body.
• Clause (2):
  • Original Text: “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… of the powers and duties of the office… on or before the date of the decision… shall not be invalidated by reason of that declaration.”
  • Simple Explanation: If the Supreme Court declares a President’s or Vice-President’s election invalid, any actions they took while in office before the court’s decision remain valid and are not automatically undone.
  • Example: If a President signs a bill into law, and later their election is declared void, the law they signed remains valid. This ensures continuity and stability.
• Clause (3):
  • Original Text: “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.”
  • Simple Explanation: Parliament has the power to make laws to regulate the details and procedures concerning the election of the President and Vice-President, as long as these laws don’t conflict with the Constitution.
  • Example: The Presidential and Vice-Presidential Elections Act, 1952, passed by Parliament, lays down detailed rules for conducting these elections, nomination of candidates, deposits, etc.
• Clause (4):
  • Original Text: “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.”
  • Simple Explanation: The election of the President or Vice-President cannot be challenged simply because there were some vacancies (e.g., seats were empty due to death, resignation, or delayed elections) in the electoral college (MPs/MLAs for President, MPs for VP) at the time of the election.
  • Example: If a few MLA seats in a state assembly are vacant when the Presidential election is held, the election result cannot be challenged in court on this ground alone.

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

• Clause (1):
  • Original Text: “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 person convicted of any offence— (a) in all cases where the punishment or 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.”
  • Simple Explanation: Grants the President judicial powers (clemency powers) in specific cases:
    • Pardon: Completely absolves the person from all sentences and disqualifications.
    • Reprieve: Temporary stay of execution of a sentence (especially death sentence).
    • Respite: Awarding a lesser sentence due to special circumstances (e.g., pregnancy of a woman offender).
    • Remission: Reducing the period of a sentence without changing its character (e.g., 2 years rigorous imprisonment to 1 year rigorous imprisonment).
    • Commutation: Substituting one form of punishment for a lighter form (e.g., death sentence to life imprisonment).
  • These powers apply to:
    • (a) Sentences given by military courts (Court Martial).
    • (b) Sentences for violating laws related to matters under the Union government’s jurisdiction.
    • (c) All cases involving a death sentence.
  • (Note: The President exercises this power on the advice of the Council of Ministers).
  • Example: A person sentenced to death by the Supreme Court can submit a mercy petition to the President. The President, advised by the government, can pardon them, commute the sentence to life imprisonment, or reject the petition.
• Clause (2):
  • Original Text: “Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces… to suspend, remit or commute a sentence passed by a Court Martial.”
  • Simple Explanation: The President’s power regarding Court Martial sentences does not override similar powers (suspend, remit, commute) granted by military law to specific Armed Forces officers.
  • Example: Military law might allow a senior Army officer to reduce a sentence given by a Court Martial; the President’s power under Article 72(1)(a) exists alongside this.
• Clause (3):
  • Original Text: “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…” (Note: “Rajpramukh” omitted by 7th Amendment).
  • Simple Explanation: The President’s power to deal with death sentences does not take away the similar powers (suspend, remit, commute, but not pardon death sentences) that a State Governor might have under Article 161 concerning death sentences passed under state laws. (However, only the President can pardon a death sentence).
  • Example: Both the Governor (under Article 161) and the President (under Article 72) can commute a death sentence to life imprisonment. If the Governor rejects commutation, the person can still appeal to the President. Only the President can grant a full pardon for a death sentence.

Article 73: Extent of executive power of the Union

• Clause (1):
  • Original Text: “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… extend in any State… to matters with respect to which the Legislature of the State has also power to make laws.” (Note: Reference to Part A/B states omitted by 7th Amendment).
  • Simple Explanation: Defines the scope of the Central Government’s executive (implementation) authority:
    • (a) It covers all subjects on which Parliament can make laws (i.e., subjects in the Union List and Concurrent List).
    • (b) It includes powers India gets through international treaties or agreements.
  • Proviso (Important Limitation): Regarding subjects where both Parliament and State Legislatures can make laws (Concurrent List), the Union’s executive power generally does not automatically extend into a State. The executive power for Concurrent List matters usually rests with the State, unless the Constitution itself or a law passed by Parliament specifically gives that executive power to the Union.
  • Example:
    • (a) Defence, Foreign Affairs, Railways are on the Union List, so the Union government has executive power over them.
    • (b) Implementing an extradition treaty with another country falls under Union executive power.
    • Proviso: Criminal law is on the Concurrent List. Normally, state police and governments enforce criminal law. The Union government doesn’t automatically get power to enforce general criminal laws within a state, unless a specific central law (like the NIA Act, dealing with terrorism) passed by Parliament explicitly grants such powers to a central agency.
• Clause (2):
  • Original Text: “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… could exercise immediately before the commencement of this Constitution.”
  • Simple Explanation: Allows State governments and their officials to continue performing executive functions related to Union List subjects (if they were doing so before the Constitution began), until Parliament makes a law stating otherwise. This was a transitional provision.
  • Example: If, before 1950, a provincial government handled certain aspects of administering telegraph lines (a Union subject), they could continue doing so after 1950 until Parliament passed a law reorganizing that administration under central control.

Council of Ministers

Article 74: Council of Ministers to aid and advise President

(Note: Clauses significantly amended by 42nd and 44th Amendments).

• Clause (1):
  • Original Text (Post 44th Amendment): “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.”
  • Simple Explanation:
    • Establishes a Council of Ministers (Cabinet and other ministers) headed by the Prime Minister (PM).
    • Their primary role is to advise the President.
    • The President must act according to the advice given by the Council of Ministers. (This makes the President largely a nominal head in a parliamentary system).
    • Proviso (Added by 44th Amendment): The President has one power regarding the advice – they can send it back once for the Council of Ministers to reconsider. However, if the Council sends the advice back (whether modified or unchanged), the President must accept it the second time.
  • Example: If the Council of Ministers advises the President to declare an ordinance, the President generally must do so. However, the President can ask the Council to rethink their advice once. If the Council insists on the same advice after reconsideration, the President has no choice but to promulgate the ordinance.
• Clause (2):
  • Original Text: “The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.”
  • Simple Explanation: Courts cannot investigate the specific advice given by the Ministers to the President. This protects the confidentiality of government deliberations.
  • Example: A court cannot compel the government to reveal the exact advice the Cabinet gave the President regarding the appointment of a judge or the dissolution of Parliament.

Article 75: Other provisions as to Ministers

• Clause (1):
  • Original Text: “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.”
  • Simple Explanation: The President appoints the Prime Minister. By convention, the President appoints the leader of the party or coalition that has a majority in the Lok Sabha. All other ministers are appointed by the President only on the PM’s recommendation.
  • Example: After a general election, the President invites the leader of the majority party to form the government and appoints them as PM. The PM then gives the President a list of MPs to be appointed as Ministers (e.g., Finance Minister, Home Minister, etc.).
• Clause (1A): (Note: Added by 91st Amendment Act, 2003).
  • Original Text: “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.”
  • Simple Explanation: Limits the size of the central Council of Ministers. The total number of ministers (including the PM) cannot be more than 15% of the total strength of the Lok Sabha.
  • Example: With a Lok Sabha strength of 543, the maximum number of ministers allowed is approximately 81 (15% of 543).
• Clause (1B): (Note: Added by 91st Amendment Act, 2003).
  • Original Text: “A member of either House of Parliament belonging to any political party who is disqualified for being a member… under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister… 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… before the expiry of such period, till the date on which he is declared elected, whichever is earlier.”
  • Simple Explanation: If an MP is disqualified from Parliament under the anti-defection law (Tenth Schedule, paragraph 2), they are also disqualified from being appointed as a Minister. This disqualification lasts until their original term as MP would have ended, or until they get re-elected in a subsequent election, whichever happens first.
  • Example: If an MP defects from their party and is disqualified by the Speaker, they cannot be appointed as a Minister during their disqualification period, even if they later join another party that forms the government.
• Clause (2):
  • Original Text: “The Ministers shall hold office during the pleasure of the President.”
  • Simple Explanation: Ministers serve at the ‘pleasure’ of the President. In practice, this means the President can dismiss a minister only on the advice of the Prime Minister. The PM can ask a minister to resign or advise the President to dismiss them.
  • Example: The Prime Minister can reshuffle the cabinet by advising the President to remove some ministers and appoint others.
• Clause (3):
  • Original Text: “The Council of Ministers shall be collectively responsible to the House of the People.”
  • Simple Explanation: This is the bedrock of the parliamentary system. The entire Council of Ministers is jointly responsible to the Lok Sabha. If the Lok Sabha passes a vote of no-confidence, the entire government (Council of Ministers) must resign. Ministers swim and sink together.
  • Example: If the government loses a major vote on the budget (considered a confidence matter) or a specific no-confidence motion in the Lok Sabha, the Prime Minister and all other ministers must resign.
• Clause (4):
  • Original Text: “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… in the Third Schedule.”
  • Simple Explanation: Ministers must take two oaths before starting their duties, administered by the President: an oath of office (to perform duties faithfully) and an oath of secrecy (not to reveal confidential government matters). The exact wording is in the Third Schedule.
  • Example: The swearing-in ceremony where new ministers take their oaths.
• Clause (5):
  • Original Text: “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.”
  • Simple Explanation: A person who is not an MP (either Lok Sabha or Rajya Sabha) can be appointed as a Minister, but they must become a member of either House within 6 months of their appointment. If they fail to do so, they lose their ministerial position.
  • Example: A Prime Minister might appoint an expert who is not an MP as Finance Minister. That person must then get elected to the Lok Sabha or nominated/elected to the Rajya Sabha within 6 months to continue as Minister.
• Clause (6):
  • Original Text: “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.”
  • Simple Explanation: Parliament decides the salaries and allowances of Ministers by passing laws. Until such laws are made, the Second Schedule’s provisions apply.
  • Example: The Salaries and Allowances of Ministers Act determines the pay and perks for Union Ministers.

The Attorney-General for India

Article 76: Attorney-General for India

• Clause (1):
  • Original Text: “The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.”
  • Simple Explanation: The President appoints the Attorney-General (AG), who must be qualified to be a Supreme Court Judge (i.e., Indian citizen, and either a High Court judge for 5+ years, or a High Court advocate for 10+ years, or a distinguished jurist in the President’s opinion).
  • Example: The government recommends a senior advocate meeting the qualifications, and the President formally appoints them as Attorney-General.
• Clause (2):
  • Original Text: “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… be referred or assigned to him by the President, and to discharge the functions conferred on him by… this Constitution or any other law…”
  • Simple Explanation: The AG is the chief legal advisor to the Union Government. Their duties include: advising the government on legal issues referred by the President, performing other legal tasks assigned by the President, and fulfilling duties given by the Constitution or other laws.
  • Example: The AG represents the Government of India in important cases before the Supreme Court, advises ministries on the legality of proposed actions, and may be asked for opinions on constitutional matters.
• Clause (3):
  • Original Text: “In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.”
  • Simple Explanation: The Attorney-General has the right to appear and speak (represent the government or observe) in any court across India.
  • Example: The AG can appear in the Supreme Court, any High Court, or even subordinate courts while performing official duties.
• Clause (4):
  • Original Text: “The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.”
  • Simple Explanation: The Attorney-General serves at the ‘pleasure’ of the President, meaning they can be removed by the President (on the advice of the government) at any time. Their salary/fees are determined by the President. By convention, the AG usually resigns when the government changes.
  • Example: When a new government comes to power after elections, the existing Attorney-General typically submits their resignation.

Conduct of Government Business

Article 77: Conduct of business of the Government of India

• Clause (1):
  • Original Text: “All executive action of the Government of India shall be expressed to be taken in the name of the President.”
  • Simple Explanation: All official executive decisions and actions of the Central Government must be formally stated as being taken in the President’s name.
  • Example: Government orders, notifications, and contracts are issued “By order and in the name of the President of India.”
• Clause (2):
  • Original Text: “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… 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.”
  • Simple Explanation: The President makes rules on how official orders and documents issued in their name should be formally authenticated (e.g., signed by an authorized officer). If an order is authenticated according to these rules, its validity cannot be challenged in court just by claiming the President didn’t personally make or sign it.
  • Example: A government notification signed by a Joint Secretary, authenticated as per rules made under this article, is legally valid and presumed to be an order executed in the President’s name.
• Clause (3):
  • Original Text: “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.”
  • Simple Explanation: The President creates rules (on the advice of the PM) to manage the government’s work efficiently and to distribute specific responsibilities (portfolios) among different Ministers.
  • Example: The Government of India (Allocation of Business) Rules specify which ministry handles which subjects (e.g., Finance Ministry handles budget, Defence Ministry handles military affairs). The Government of India (Transaction of Business) Rules outline procedures for cabinet meetings, inter-ministerial consultations, etc.
• (Note: Original Clause (4) dealing with overriding effect during emergency was inserted by 42nd Amendment and omitted by 44th Amendment).

Article 78: Duties of Prime Minister as respects the furnishing of information to the President, etc.

• Original Text: “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… and proposals for legislation;”
    • Simple Explanation: The PM must inform the President about all Cabinet decisions concerning government administration and proposed laws.
    • Example: After a Cabinet meeting, the PM briefs the President on the decisions taken.
  • (b) “to furnish such information relating to the administration… and proposals for legislation as the President may call for;”
    • Simple Explanation: If the President asks for information about government affairs or proposed laws, the PM must provide it.
    • Example: The President can ask the PM for details about a specific administrative matter or a pending bill.
  • (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.”
    • Simple Explanation: If a single Minister has made a decision on a matter without discussing it with the whole Council of Ministers, the President has the right to ask the PM to place that matter before the entire Council for collective consideration.
    • Example: If the President learns about a significant decision made by, say, the Foreign Minister alone, the President can ask the PM to have the full Cabinet discuss and approve (or modify) it. This upholds the principle of collective responsibility.

CHAPTER II – PARLIAMENT

General

Article 79: Constitution of Parliament

• Original Text: “There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.”
• Simple Explanation: Defines the structure of India’s Parliament. It comprises three parts:
  1. The President.
  2. The Council of States (Rajya Sabha – Upper House).
  3. The House of the People (Lok Sabha – Lower House).
• Example: A Bill passed by both Lok Sabha and Rajya Sabha only becomes an Act (law) after receiving the President’s assent, illustrating that the President is an integral part of Parliament.

Article 80: Composition of the Council of States

• Clause (1):
  • Original Text: “…The Council of States shall consist of— (a) twelve members to be nominated by the President…; and (b) not more than two hundred and thirty-eight representatives of the States [and of the Union territories.]” (Note: UT provision added by 7th Amendment, 1956).
  • Simple Explanation: Specifies the composition of the Rajya Sabha:
    • (a) 12 members nominated by the President.
    • (b) Maximum 238 members elected by the States and Union Territories.
  • (The current total strength is fixed at 250: 12 nominated + 238 elected, though currently 245 seats are filled: 12 nominated + 233 elected).
• Clause (2):
  • Original Text: “The allocation of seats… to be filled by representatives of the States [and of the Union territories] shall be in accordance with the provisions… contained in the Fourth Schedule.” (Note: UT provision added by 7th Amendment).
  • Simple Explanation: The number of Rajya Sabha seats allocated to each State and Union Territory is specified in the Fourth Schedule of the Constitution. This allocation is generally based on population, but not strictly proportionally.
  • Example: Uttar Pradesh has 31 Rajya Sabha seats, while Sikkim has 1, as listed in the Fourth Schedule.
• Clause (3):
  • Original Text: “The members to be nominated by the President… shall consist of persons having special knowledge or practical experience in respect of… Literature, science, art and social service.”
  • Simple Explanation: The 12 nominated members should be experts or distinguished individuals from the fields of literature, science, art, or social service.
  • Example: Eminent artists, scientists, writers, or social workers can be nominated to the Rajya Sabha by the President (on the government’s advice).
• Clause (4):
  • Original Text: “The representatives of each State… shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.” (Note: Reference to Part A/B states omitted by 7th Amendment).
  • Simple Explanation: Rajya Sabha members representing the States are elected indirectly by the elected MLAs of that State’s Legislative Assembly. The voting method is Proportional Representation by Single Transferable Vote (STV), similar to the Presidential election system.
  • Example: When Rajya Sabha elections are held for seats allocated to Maharashtra, only the elected MLAs of the Maharashtra Legislative Assembly vote.
• Clause (5):
  • Original Text: “The representatives of the [Union territories] in the Council of States shall be chosen in such manner as Parliament may by law prescribe.” (Note: Substituted for Part C States by 7th Amendment).
  • Simple Explanation: Parliament decides by law how the Rajya Sabha members representing Union Territories will be chosen.
  • Example: Currently, representatives for Delhi and Puducherry are elected by their respective Legislative Assemblies. For other UTs without assemblies, Parliament may prescribe alternative methods (though currently only Delhi, Puducherry, and J&K have representation).

Article 81: Composition of the House of the People

(Note: Article structure reflects changes up to the Goa, Daman and Diu Reorganisation Act, 1987, and amendments regarding census data up to 2003).

• Clause (1):
  • Original Text: “(1) [Subject to the provisions of article 331…], the House of the People shall consist 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.”
  • Simple Explanation: Defines the composition of the Lok Sabha (House of the People):
    • Subject to Article 331 (which allows nomination of Anglo-Indians, though this is currently not operative after the 104th Amendment), the Lok Sabha has:
    • (a) A maximum of 530 members elected directly by the people from constituencies within the States.
    • (b) A maximum of 20 members representing the Union Territories, chosen as Parliament decides by law (usually also through direct election).
  • (The current strength is 543 members, all elected directly).
  • Example: Citizens directly vote for their Member of Parliament (MP) in their respective Lok Sabha constituency during general elections. MPs representing Delhi (a UT) are also directly elected.
• Clause (2):
  • Original Text: “For the purposes of sub-clause (a) of clause (1), — (a) there shall be allotted to each State a number of seats… in such manner that the ratio 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: [Proviso added by 31st Amendment, 1973: (a) not applicable if state population < 6 million].”
  • Simple Explanation: Sets principles for allocating Lok Sabha seats among states and dividing states into constituencies:
    • (a) Seats are allocated to states based on their population, aiming for a consistent ratio of seats to population across all states (ensuring roughly equal representation weightage per citizen).
    • (b) Each state is divided into constituencies such that each constituency has roughly the same population (principle of ‘one person, one vote, one value’ within the state).
    • Proviso: The state-level population-to-seat ratio rule (a) doesn’t apply to very small states with populations under 6 million (they get seats allocated without strict adherence to this ratio, often ensuring at least one seat).
  • Example: Uttar Pradesh has more Lok Sabha seats than Goa because its population is much larger. Within Uttar Pradesh, each Lok Sabha constituency is drawn to have a population as close to the state average per constituency as possible. Small states like Sikkim or Mizoram have seats despite their population being below the average needed per seat nationally.
• Clause (3):
  • Original Text: “‘population’ means the population as ascertained at the last preceding census… [Proviso added by 42nd Amendment, 1976; modified by 84th Amendment, 2001 and 87th Amendment, 2003]: Provided that… until the relevant figures for the first census taken after the year [2026] have been published, [be construed,— (i) for… sub-clause (a) of clause (2)… as a reference to the 1971 census; and (ii) for… sub-clause (b) of clause (2) as a reference to the [2001] census.]]”
  • Simple Explanation: Defines ‘population’ for seat allocation and constituency delimitation based on census figures.
    • Current Position (due to provisos freezing delimitation):
      • For allocating seats among states (Clause 2a), the population figures from the 1971 Census are used. This freeze is effective until after the first census post-2026.
      • For dividing states into constituencies (Clause 2b), the population figures from the 2001 Census are used (as per the 87th Amendment). The boundaries of existing constituencies were redrawn based on the 2001 census by the Delimitation Commission, but the total number of seats per state remained frozen based on the 1971 census.
  • Example: The total number of Lok Sabha seats for Tamil Nadu is still based on its 1971 population, but the boundaries of the individual constituencies within Tamil Nadu were adjusted based on the 2001 population distribution.

Article 82: Readjustment after each census

• Original Text: “Upon the completion of each census, the allocation of seats… to the States and the division of each State into territorial constituencies shall be readjusted by such authority and… manner as Parliament may by law determine: Provided that such readjustment shall not affect representation… until the dissolution of the then existing House: [Further provisos added by 42nd Amendment, 1976 and modified by 84th Amendment, 2001 and 87th Amendment, 2003, freezing readjustment].”
• Simple Explanation: Constitutionally mandates readjustment (delimitation) of Lok Sabha seats allocated to states and the boundaries of constituencies within states after every census. Parliament creates a Delimitation Commission for this.
  • First Proviso: Any readjustment only takes effect from the next Lok Sabha election after the Delimitation Commission’s order, not during the term of the current Lok Sabha.
  • Second Proviso (Added 1976): Allows the President to specify the date from which readjustment takes effect; elections can continue on old boundaries until then.
  • Third Proviso (Current Freeze): Until the figures from the first census after 2026 are published, there is no need to readjust:
    • (i) The total number of Lok Sabha seats allocated to each state (remains based on 1971 census).
    • (ii) The division of states into constituencies (remains based on 2001 census).
• Example: Although the 2011 and 2021 (delayed) censuses have occurred, the number of Lok Sabha seats per state has not changed since the delimitation based on the 1971 census. Constituency boundaries were last redrawn based on the 2001 census. The next major delimitation affecting seat numbers will happen only after the census conducted post-2026.

Article 83: Duration of Houses of Parliament

• Clause (1):
  • Original Text: “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… by Parliament by law.”
  • Simple Explanation: The Rajya Sabha (Council of States) is a permanent body and cannot be dissolved. Its members have a term of 6 years, with one-third retiring every two years. Parliament makes laws (like the Representation of the People Act) to manage this rotation.
  • Example: Rajya Sabha continues to function perpetually. Elections are held biennially (every two years) to fill the seats of the one-third of members whose 6-year term has expired.
• Clause (2):
  • Original Text: “The House of the People, unless sooner dissolved, shall continue for [five years] from the date appointed for its first meeting… and the expiration of the said period… shall operate as a dissolution…: 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… beyond… six months after the Proclamation has ceased to operate.” (Note: Term was changed from 5 to 6 years by 42nd Amendment, reverted to 5 years by 44th Amendment).
  • Simple Explanation: The Lok Sabha (House of the People) normally has a term of 5 years from its first meeting. It automatically dissolves after 5 years unless dissolved earlier by the President (usually on the advice of the PM).
    • Proviso: During a National Emergency (Article 352), Parliament can pass a law to extend the Lok Sabha’s term, one year at a time. However, this extension cannot last beyond 6 months after the Emergency ends.
  • Example: The 17th Lok Sabha, which first met in June 2019, would normally dissolve in June 2024 unless dissolved earlier. During the 1975-77 Emergency, the term of the 5th Lok Sabha was extended.

Article 84: Qualification for membership of Parliament

• Original Text: “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… an oath or affirmation according to the… Third Schedule;] (b) is… not less than thirty years of age [for Council of States] and… not less than twenty-five years of age [for House of the People]; and (c) possesses such other qualifications as may be prescribed… by Parliament.” (Note: Clause (a) substituted by 16th Amendment, 1963 requiring oath).
• Simple Explanation: Minimum qualifications to become an MP:
  • (a) Must be an Indian citizen and must take an oath/affirmation (before a person authorized by the Election Commission) pledging allegiance to the Constitution before contesting (this is usually done when filing nomination papers). The oath format is in the Third Schedule.
  • (b) Age requirement: Minimum 30 years for Rajya Sabha, Minimum 25 years for Lok Sabha.
  • (c) Must meet any additional qualifications set by Parliament in law (e.g., must be a registered voter in some parliamentary constituency in India, as per the Representation of the People Act).
• Example: A 28-year-old Indian citizen, registered voter, who takes the required oath can contest for a Lok Sabha seat, but not for a Rajya Sabha seat (needs to be 30). Disqualifications (like unsound mind, insolvency, holding office of profit etc.) are covered separately under Article 102.

Article 85: Sessions of Parliament, prorogation and dissolution

(Note: Article substituted by 1st Amendment Act, 1951).

• Clause (1):
  • Original Text: “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 last sitting in one session and the date appointed for its first sitting in the next session.”
  • Simple Explanation: The President has the power to call (summon) sessions of both Lok Sabha and Rajya Sabha. The key rule is that the gap between the last day of one session and the first day of the next session must not exceed 6 months. This ensures Parliament meets at least twice a year.
  • Example: If the Budget session ends on March 31st, the next session (e.g., Monsoon session) must start before September 30th. Parliament typically has three sessions: Budget, Monsoon, and Winter.
• Clause (2):
  • Original Text: “The President may from time to time— (a) prorogue the Houses or either House; (b) dissolve the House of the People.”
  • Simple Explanation: The President has powers related to sessions:
    • (a) Prorogue: To end a session of Parliament (both Houses or either one). Prorogation terminates a session, unlike adjournment which is a temporary break within a session decided by the presiding officer.
    • (b) Dissolve: To end the life of the Lok Sabha altogether, leading to fresh general elections. The Rajya Sabha, being a permanent house, cannot be dissolved. Dissolution usually happens on the PM’s advice or automatically after 5 years.
  • Example:
    • (a) After the Winter session’s business is completed, the President issues an order proroguing both Houses.
    • (b) The President, on the advice of the Prime Minister, dissolves the Lok Sabha before its 5-year term ends to call for early elections.

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

• Clause (1):
  • Original Text: “The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members.”
  • Simple Explanation: The President has the right to address the Lok Sabha, the Rajya Sabha, or both Houses jointly at any time (apart from the special addresses under Art 87), and MPs are required to attend.
  • Example: A President might address a joint sitting to mark a special national occasion or to deliver a message on a matter of public importance, though this right is rarely exercised outside the Article 87 addresses.
• Clause (2):
  • Original Text: “The President may send messages to either House… whether with respect to a Bill then pending… or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message…”
  • Simple Explanation: The President can send messages to either House regarding pending Bills or any other matter. The House receiving the message must consider the matter promptly.
  • Example: The President could send a message suggesting specific amendments to a Bill being debated in the Rajya Sabha, although this power is also seldom used, as government views are typically conveyed through Ministers.

Article 87: Special address by the President

• Clause (1):
  • Original Text: “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.” (Note: Text reflects 1st Amendment, 1951, changing from “every session” to specific first sessions).
  • Simple Explanation: The President must deliver a special address to a joint sitting of both Lok Sabha and Rajya Sabha on two specific occasions:
    • At the beginning of the very first session after a new Lok Sabha is elected (following general elections).
    • At the beginning of the first session of every calendar year.
  • In this address (often called the ‘President’s Address’), the President outlines the government’s policies and legislative plans for the coming year.
  • Example: The President addresses the joint session in the Central Hall of Parliament at the start of the Budget Session each year, and after Lok Sabha elections.
• Clause (2):
  • Original Text: “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…” (Note: Part about precedence omitted by 1st Amendment).
  • Simple Explanation: The rules of procedure for both Houses must allocate time for debating the issues raised in the President’s special address.
  • Example: After the President’s Address, both Lok Sabha and Rajya Sabha hold a discussion on the ‘Motion of Thanks’ to the President, during which members debate the government’s policies mentioned in the address.

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

• Original Text: “Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting…, 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.”
• Simple Explanation: Gives Ministers and the Attorney-General the right to attend and speak in:
  • Lok Sabha
  • Rajya Sabha
  • Joint Sittings of both Houses
  • Any Parliamentary Committee they are members of.
• Limitation: They can participate in proceedings but can only vote in the House of which they are actually a member. The Attorney-General, not being a member of either House, cannot vote at all. Ministers who are members of one House can speak in the other but vote only in their own House.
• Example: The Finance Minister, if a member of Rajya Sabha, can present the Budget in Lok Sabha and participate in the debate there, but can only vote on financial bills in the Rajya Sabha. The Attorney-General can argue the government’s case before a Parliamentary Committee but cannot vote in the Lok Sabha or Rajya Sabha.

Officers of Parliament

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

• Clause (1):
  • Original Text: “The Vice-President of India shall be ex officio Chairman of the Council of States.”
  • Simple Explanation: Reiterates Article 64: The Vice-President automatically holds the position of Chairman of the Rajya Sabha.
  • Example: The person elected as Vice-President presides over Rajya Sabha meetings.
• Clause (2):
  • Original Text: “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.”
  • Simple Explanation: The Rajya Sabha must elect one of its own members to serve as the Deputy Chairman. Whenever the Deputy Chairman’s position becomes vacant, the Rajya Sabha elects another member to fill it.
  • Example: The members of the Rajya Sabha vote amongst themselves to elect a Deputy Chairman, who presides over the House in the Chairman’s (Vice-President’s) absence.

Article 90: Vacation and resignation of, and removal from, the office of Deputy Chairman

• Original Text: “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;”
    • Simple Explanation: If the Deputy Chairman ceases to be a member of the Rajya Sabha (e.g., term expires, resigns, disqualified), they automatically lose the position of Deputy Chairman.
    • Example: If a Deputy Chairman’s 6-year term as a Rajya Sabha MP ends, they are no longer Deputy Chairman.
  • (b) “may at any time, by writing under his hand addressed to the Chairman, resign his office; and”
    • Simple Explanation: The Deputy Chairman can resign from their position by submitting a written resignation to the Chairman (the Vice-President).
    • Example: A Deputy Chairman wishing to step down writes a resignation letter to the Vice-President.
  • (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… shall be moved unless at least fourteen days’ notice has been given…”
    • Simple Explanation: The Deputy Chairman can be removed by the Rajya Sabha. This requires a resolution passed by an effective majority (a majority of all members of the Rajya Sabha at that time, excluding vacancies). A 14-day prior notice is needed before moving such a resolution.
    • Example: To remove the Deputy Chairman, more than half of the current total members of the Rajya Sabha must vote in favour of the removal resolution after a 14-day notice period.

Article 91: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

• Clause (1):
  • Original Text: “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.”
  • Simple Explanation: Specifies who performs the Chairman’s duties in the Rajya Sabha if the Chairman (Vice-President) is unavailable:
    • If the Chairman’s office is vacant (e.g., VP resigns/dies) or if the VP is acting as President, the Deputy Chairman performs the Chairman’s duties.
    • If the Deputy Chairman’s office is also vacant, the President can appoint any Rajya Sabha member to perform the Chairman’s duties.
  • Example: If the Vice-President is acting as President due to the President’s illness, the Deputy Chairman presides over the Rajya Sabha sessions and handles administrative duties of the Chairman’s office.
• Clause (2):
  • Original Text: “During the absence of the Chairman from any sitting…, 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.”
  • Simple Explanation: Specifies who presides over a Rajya Sabha sitting if the Chairman is temporarily absent from that specific meeting:
    • The Deputy Chairman presides.
    • If the Deputy Chairman is also absent, a member from the panel of Vice-Chairpersons (determined by Rajya Sabha rules) presides.
    • If no one from that panel is available, any other member chosen by the Rajya Sabha members present at that sitting presides.
  • Example: If the Vice-President is briefly unavailable during a session, the Deputy Chairman takes the chair. If both are absent, a designated senior MP from the panel of Vice-Chairpersons presides over the debate.

Article 92: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

• Clause (1):
  • Original Text: “At any sitting…, 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… is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply…”
  • Simple Explanation: If the Rajya Sabha is considering a resolution to remove the Vice-President (who is the Chairman), the Vice-President cannot preside over that sitting, even if present. Similarly, the Deputy Chairman cannot preside when a resolution for their own removal is being considered. In such cases, the procedure outlined in Article 91(2) (someone else presiding) applies.
  • Example: During a debate on a resolution to remove the Deputy Chairman, they must sit as a regular member and cannot occupy the presiding officer’s chair. A member from the panel of Vice-Chairpersons would preside instead.
• Clause (2):
  • Original Text: “The Chairman shall have the right to speak in, and otherwise to take part in the proceedings… while any resolution for the removal of the Vice-President… is under consideration…, 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.”
  • Simple Explanation: When a resolution for the removal of the Vice-President (Chairman) is being discussed, the Vice-President has the right to speak and participate in the debate (to defend themselves) but loses the right to vote entirely during these proceedings – they cannot cast a regular vote or a casting vote. (Note: This differs from the Deputy Chairman or Speaker/Deputy Speaker, who retain the right to vote in the first instance during their removal proceedings – see Arts 90(c), 96(2)).
  • Example: If the Rajya Sabha debates removing the Vice-President, the VP can make a speech defending their actions but cannot vote on the resolution itself or any related motions during that time.

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

• Original Text: “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.”
• Simple Explanation: The Lok Sabha (House of the People) must elect two of its members to be the Speaker and the Deputy Speaker. This usually happens soon after a new Lok Sabha is formed. Whenever either position becomes vacant, the Lok Sabha elects another member to fill it.
• Example: After a general election, the newly elected Lok Sabha members vote to choose one among them as the Speaker, who will preside over the House. They also elect a Deputy Speaker.

Article 94: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

• Original Text: “A member holding office as Speaker or Deputy Speaker…”
  • (a) “shall vacate his office if he ceases to be a member of the House of the People;”
    • Simple Explanation: If the Speaker or Deputy Speaker ceases to be a member of the Lok Sabha (e.g., term ends and not re-elected, resigns seat, disqualified), they automatically lose their position as Speaker or Deputy Speaker.
    • Example: If a Speaker loses their seat in the next general election, they are no longer the Speaker (though the first proviso allows them to continue until the new Lok Sabha meets).
  • (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”
    • Simple Explanation: The Speaker can resign by writing to the Deputy Speaker. The Deputy Speaker can resign by writing to the Speaker.
    • Example: If the Speaker wishes to resign, they submit their resignation letter to the Deputy Speaker’s office.
  • (c) “may be removed from his office by a resolution of the House… passed by a majority of all the then members of the House: Provided that no resolution… shall be moved unless at least fourteen days’ notice has been given…: Provided further that, whenever the House… is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House… after the dissolution.”
    • Simple Explanation: The Speaker or Deputy Speaker can be removed by the Lok Sabha through a resolution passed by an effective majority (a majority of all members of the Lok Sabha at that time, excluding vacancies). A 14-day prior notice is required to move such a resolution.
    • Second Proviso (Important): Even when the Lok Sabha is dissolved, the Speaker does not vacate their office immediately. They continue as Speaker until just before the newly elected Lok Sabha holds its first meeting. This ensures the office is never truly vacant and provides continuity. The Deputy Speaker, however, vacates office upon dissolution if they cease to be an MP.
    • Example: To remove the Speaker, a resolution needs support from more than half of the current total members of the Lok Sabha after a 14-day notice. When Lok Sabha dissolves for elections, the outgoing Speaker remains formally the Speaker until the new Lok Sabha convenes.

Article 95: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

• Clause (1):
  • Original Text: “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… as the President may appoint for the purpose.”
  • Simple Explanation: If the Speaker’s office is vacant (e.g., due to resignation, death), the Deputy Speaker performs all duties. If the Deputy Speaker’s office is also vacant, the President appoints a Lok Sabha member (usually the senior-most, called Speaker Pro Tem) to perform the duties until a new Speaker is elected.
  • Example: After a general election and before the new Speaker is elected, the President appoints a Speaker Pro Tem to administer oaths to new MPs and conduct the election of the Speaker.
• Clause (2):
  • Original Text: “During the absence of the Speaker from any sitting…, 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.”
  • Simple Explanation: Specifies who presides over a Lok Sabha sitting if the Speaker is temporarily absent from that meeting:
    • The Deputy Speaker presides.
    • If the Deputy Speaker is also absent, a member from the panel of Chairpersons (determined by Lok Sabha rules) presides.
    • If no one from that panel is available, any other member chosen by the Lok Sabha members present at that sitting presides.
  • Example: If the Speaker needs to leave the chair briefly during a debate, the Deputy Speaker takes over. If both are away, an MP from the panel of Chairpersons presides.

Article 96: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

• Clause (1):
  • Original Text: “At any sitting…, while any resolution for the removal of the Speaker… is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker… is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 95 shall apply…”
  • Simple Explanation: Similar to Article 92 for Rajya Sabha officers, if the Lok Sabha is considering a resolution to remove the Speaker, the Speaker cannot preside (even if present). Likewise, the Deputy Speaker cannot preside when their removal is being discussed. In such cases, the procedure outlined in Article 95(2) (someone else presiding) applies.
  • Example: During a debate on a motion to remove the Speaker, the Speaker sits as a regular MP, and the Deputy Speaker (or someone else if the Deputy Speaker is also being discussed or absent) presides.
• Clause (2):
  • Original Text: “The Speaker shall have the right to speak in, and otherwise to take part in the proceedings… while any resolution for his removal… is under consideration… 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.”
  • Simple Explanation: When a resolution for their removal is being debated, the Speaker has the right to speak and participate. Importantly, during such proceedings, the Speaker can vote like a regular MP (vote in the first instance), but they lose their casting vote (the deciding vote in case of a tie). The same applies to the Deputy Speaker when their removal is considered.
  • Example: If a resolution to remove the Speaker is being voted upon, the Speaker can cast their vote for or against it along with other MPs. If the votes are tied, the resolution fails (as the Speaker cannot cast a deciding vote in this situation).

Article 97: Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker

• Original Text: “There shall be paid to the Chairman and the Deputy Chairman… and to the Speaker and the Deputy Speaker…, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision… is so made, such… as are specified in the Second Schedule.”
• Simple Explanation: Parliament determines the salaries and allowances for the Chairman & Deputy Chairman of Rajya Sabha, and the Speaker & Deputy Speaker of Lok Sabha by making laws. Until Parliament makes such laws, the amounts specified in the Second Schedule of the Constitution apply. These salaries are charged on the Consolidated Fund of India (meaning they are not subject to annual vote by Parliament).
• Example: The Parliament passes Acts like “The Salary, Allowances and Pension of Members of Parliament Act” which also specify the salaries for these presiding officers.

Article 98: Secretariat of Parliament

• Clause (1):
  • Original Text: “Each House of Parliament shall have a separate secretarial staff: Provided that nothing… shall be construed as preventing the creation of posts common to both Houses…”
  • Simple Explanation: Both Lok Sabha and Rajya Sabha must have their own independent administrative staff (Secretariat). However, common posts serving both Houses can also be created.
  • Example: The Lok Sabha Secretariat and the Rajya Sabha Secretariat function independently, managing the administrative, legislative, and support functions for their respective Houses. They have their own Secretary-Generals.
• Clause (2):
  • Original Text: “Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff…”
  • Simple Explanation: Parliament can make laws to govern how staff are hired and their service conditions (pay, promotion, etc.) for the Secretariats of both Houses.
  • Example: Parliament could pass an Act defining the recruitment process and service rules for Lok Sabha and Rajya Sabha staff.
• Clause (3):
  • Original Text: “Until provision is made by Parliament…, the President may, after consultation with the Speaker… or the Chairman…, make rules regulating the recruitment, and the conditions of service… and any rules so made shall have effect subject to… any law made under… clause (2).”
  • Simple Explanation: Until Parliament passes a law (as mentioned in Clause 2), the President can make rules for recruitment and service conditions after consulting the Speaker (for Lok Sabha staff) or the Chairman (for Rajya Sabha staff). These rules will apply unless overridden by a future Act of Parliament.
  • Example: Recruitment rules and service conditions currently followed by the Lok Sabha and Rajya Sabha Secretariats are based on rules framed under this clause, in the absence of a specific Act by Parliament covering all aspects.

Conduct of Business

Article 99: Oath or affirmation by members

• Original Text: “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… in the Third Schedule.”
• Simple Explanation: Every MP, before they can participate in the proceedings of their House (Lok Sabha or Rajya Sabha), must take an oath or make an affirmation. This is usually done before the President or someone appointed by the President (like the Speaker Pro Tem for new Lok Sabha members). The exact wording is given in the Third Schedule, pledging allegiance to the Constitution.
• Example: Newly elected Lok Sabha MPs take their oath/affirmation administered by the Speaker Pro Tem at the beginning of the first session. Rajya Sabha MPs take theirs before the Chairman (Vice-President).

Article 100: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

• Clause (1):
  • Original Text: “Save as otherwise provided…, all questions… 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.”
  • Simple Explanation: Decisions in Parliament are generally made by a simple majority vote (more ‘Ayes’ than ‘Noes’) of the members present and voting.
    • The Presiding Officer (Speaker/Chairman or whoever is acting as such) does not normally vote.
    • Casting Vote: However, if there’s a tie (equal votes for and against), the Presiding Officer uses their ‘casting vote’ to break the tie.
  • Example: If a bill receives 200 votes in favour and 200 votes against in the Lok Sabha, the Speaker casts the deciding vote.
• Clause (2):
  • Original Text: “Either House… shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings… 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…”
  • Simple Explanation: Parliament can continue its work even if there are vacancies (empty seats) in either House. Also, if it’s later found that someone ineligible participated or voted, the proceedings conducted are still considered valid.
  • Example: If an MP resigns, the Lok Sabha can still pass laws before a by-election fills the seat. If someone voted who was later found disqualified, the vote or law passed isn’t automatically invalid (though the person might face penalties under Article 104).
• Clause (3):
  • Original Text: “Until Parliament by law otherwise provides, the quorum to constitute a meeting… shall be one-tenth of the total number of members of the House.”
  • Simple Explanation: Quorum is the minimum number of members required to be present for a House to conduct its business. The Constitution sets this at 1/10th of the total membership of the House, unless Parliament changes this by law (which it hasn’t).
  • Example: For Lok Sabha (total 543), quorum is 55 members. For Rajya Sabha (total 245), quorum is 25 members.
• Clause (4):
  • Original Text: “If at any time during a meeting… 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.”
  • Simple Explanation: If, during a sitting, the number of members present falls below the quorum (1/10th), the Presiding Officer must either adjourn the House (end the sitting for the day) or suspend the meeting temporarily until the quorum is met. No business can be transacted without quorum.
  • Example: If a member raises the issue of lack of quorum (by challenging the count), and the Presiding Officer verifies that less than 1/10th members are present, the bells are rung. If quorum isn’t met after that, the House is adjourned or suspended.

Disqualifications of Members

Article 101: Vacation of seats

• Clause (1):
  • Original Text: “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.”
  • Simple Explanation: A person cannot be a member of both Lok Sabha and Rajya Sabha simultaneously. Parliament must make a law specifying which seat the person must give up if elected to both.
  • Example: If a sitting Rajya Sabha MP contests and wins a Lok Sabha election, they must vacate their Rajya Sabha seat according to rules laid down in the Representation of the People Act. Usually, they have a short period (e.g., 10-14 days) to choose, otherwise the Rajya Sabha seat is automatically vacated.
• Clause (2):
  • Original Text: “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…, 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.” (Note: Reference to Part A/B states omitted by 7th Amendment).
  • Simple Explanation: A person cannot be both a Member of Parliament (MP) and a member of a State Legislative Assembly or Council (MLA/MLC) at the same time. If elected to both, they must resign their state legislature seat within a period specified by rules (Prohibition of Simultaneous Membership Rules, 1950, usually 14 days). If they don’t resign the state seat, their seat in Parliament becomes vacant automatically.
  • Example: If a sitting MLA wins a Lok Sabha election, they must resign their MLA seat within 14 days; otherwise, they lose their newly won Lok Sabha seat.
• Clause (3):
  • Original Text: “If a member of either House…— (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… addressed to the Chairman or the Speaker… and his resignation is accepted…], his seat shall thereupon become vacant: [Proviso added by 33rd Amendment, 1974: resignation not accepted if not voluntary or genuine].” (Note: Clause (a) reference updated by 52nd Amendment, 1985).
  • Simple Explanation: An MP’s seat becomes vacant if:
    • (a) They become disqualified under Article 102 (e.g., holds office of profit, unsound mind, not citizen, insolvent, disqualified under anti-defection law – Clause 2).
    • (b) They resign by writing to the Chairman (Rajya Sabha) or Speaker (Lok Sabha), AND the resignation is accepted.
    • Proviso: The Chairman/Speaker can refuse to accept a resignation if they believe, after inquiry, that it was forced or fake.
  • Example:
    • (a) If an MP is found to hold an ‘office of profit’ under the government, their seat becomes vacant. If disqualified under anti-defection law, their seat is vacated.
    • (b) An MP submits a resignation letter. The Speaker verifies its authenticity and voluntary nature before accepting it and declaring the seat vacant.
• Clause (4):
  • Original Text: “If for a period of sixty days a member… is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period… no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.”
  • Simple Explanation: If an MP is absent from all meetings of their House for 60 consecutive days without permission, the House itself can declare their seat vacant. Days when the House is prorogued (session ended) or adjourned for more than 4 days in a row are not counted within this 60-day period.
  • Example: If an MP remains absent continuously for 70 sitting days without leave, the House (Lok Sabha or Rajya Sabha) can pass a motion to vacate their seat. If the House was prorogued for 15 days during this period, those 15 days wouldn’t count towards the 60 days.

Article 102: Disqualifications for membership

• Clause (1):
  • Original Text: “A person shall be disqualified for being chosen as, and for being, a member…— (a) if he holds any office of profit under the Government… other than an office declared by Parliament by law not to disqualify…; (b) if he is of unsound mind…; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired… citizenship of a foreign State, or is under any acknowledgment of allegiance… to a foreign State; (e) if he is so disqualified by or under any law made by Parliament. [Explanation added clarifying Ministership is not office of profit for this clause].”
  • Simple Explanation: Lists grounds for disqualification from being an MP (both for contesting and for continuing as an MP):
    • (a) Office of Profit: Holding a government job/office that brings financial gain or benefit, unless Parliament has specifically exempted that office by law (e.g., Parliament (Prevention of Disqualification) Act lists exempted offices). Being a Minister is explicitly not considered an office of profit for disqualification purposes.
    • (b) Unsound Mind: Declared mentally unsound by a competent court.
    • (c) Insolvency: Declared bankrupt (insolvent) and not yet cleared (undischarged).
    • (d) Citizenship Issues: Not an Indian citizen, voluntarily becoming a citizen of another country, or formally owing allegiance to a foreign country.
    • (e) Disqualified by Law: Disqualified under any other law passed by Parliament (e.g., Representation of the People Act, 1951, lists disqualifications for criminal convictions, corrupt electoral practices, etc.).
  • Example:
    • (a) An MP appointed as chairman of a government corporation with salary might be disqualified unless that specific chairmanship is exempted by law.
    • (d) If an MP voluntarily takes up citizenship of Canada, they are disqualified.
    • (e) A person convicted of an offence and sentenced to imprisonment for 2 years or more is disqualified from contesting/being an MP for a certain period under the Representation of the People Act.
• Clause (2): (Note: Added by 52nd Amendment Act, 1985).
  • Original Text: “A person shall be disqualified for being a member… if he is so disqualified under the Tenth Schedule.”
  • Simple Explanation: An MP will be disqualified if they are disqualified under the Tenth Schedule of the Constitution (the Anti-Defection Law). This usually happens if they voluntarily give up party membership or vote against the party whip on crucial matters.
  • Example: If a group of MPs from party ‘X’ votes against their party’s direction on a confidence motion, they can be disqualified by the Speaker/Chairman under the Tenth Schedule, thus losing their seats in Parliament.

Article 103: Decision on questions as to disqualifications of members

(Note: Article structure reflects changes by 42nd and 44th Amendments).

• Clause (1):
  • Original Text: “If any question arises as to whether a member… 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.”
  • Simple Explanation: If a question arises whether an existing MP has become disqualified under the grounds listed in Article 102(1) (office of profit, unsound mind, citizenship etc., but NOT defection under 102(2)), the final decision rests with the President.
  • Example: If someone alleges that a sitting MP now holds an office of profit, a petition is made, and the matter is ultimately referred to the President for a binding decision.
• Clause (2):
  • Original Text: “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.”
  • Simple Explanation: When deciding on a disqualification case under Article 102(1), the President must consult the Election Commission of India (ECI) and is bound to act according to the ECI’s opinion.
  • Example: In the office of profit case mentioned above, the President refers the matter to the ECI. If the ECI opines that the MP is disqualified, the President must issue an order disqualifying the MP. If the ECI opines they are not disqualified, the President must act accordingly.
  • (Note: Disqualification under the Tenth Schedule (Defection – Art 102(2)) is decided by the Chairman/Speaker of the House, not the President).

Article 104: Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified

• Original Text: “If a person sits or votes… before he has complied with… article 99 [Oath], or when he knows that he is not qualified or that he is disqualified…, or that he is prohibited from so doing by… law…, 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.”
• Simple Explanation: Imposes a penalty (£500 per day) on any person who participates in parliamentary proceedings (sits or votes) under specific circumstances:
  • Before taking the oath/affirmation required by Article 99.
  • Knowing they are not qualified to be an MP.
  • Knowing they are disqualified from being an MP.
  • Knowing they are legally prohibited from participating.
• The penalty amount is recovered as a debt owed to the Government of India.
• Example: If a person wins an election but sits and votes in the Lok Sabha before taking the oath, they are liable for a penalty of £500 for each day they participated incorrectly. Similarly, if a disqualified person knowingly continues to attend sessions and vote.

Powers, Privileges and Immunities of Parliament and its Members

Article 105: Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof

• Clause (1):
  • Original Text: “Subject to… this Constitution and to the rules and standing orders regulating… procedure…, there shall be freedom of speech in Parliament.”
  • Simple Explanation: Guarantees freedom of speech for MPs within the Parliament, subject only to the Constitution’s provisions (like Art 121 restricting discussion on judges’ conduct) and Parliament’s own rules of procedure.
  • Example: An MP can freely express their views on government policy during a debate in Lok Sabha without fear of external legal action for defamation based on their speech inside the House, though they must adhere to the Speaker’s rules on decorum and relevance.
• Clause (2):
  • Original Text: “No member… shall be liable to any proceedings in any court in respect of any thing said or any vote given by him in Parliament or any committee…, and no person shall be so liable in respect of the publication by or under the authority of either House… of any report, paper, votes or proceedings.”
  • Simple Explanation: Provides legal immunity:
    • MPs cannot be sued or prosecuted in any court for anything they say or any vote they cast inside Parliament or its committees.
    • No one can be sued for publishing official reports, papers, or proceedings of Parliament if the publication is authorized by the House.
  • Example: An MP makes critical remarks about a company during a parliamentary debate. The company cannot sue the MP for defamation based on that speech. Similarly, official Hansard records or Committee reports published by Parliament are protected from legal action.
• Clause (3):
  • Original Text: “In other respects, the powers, privileges and immunities of each House…, and of the members and the committees…, shall be such as may from time to time be defined by Parliament by law, and, until so defined, [shall be those… immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978].” (Note: The 44th Amendment essentially reverted the reference back to the privileges existing at the commencement of the Constitution derived from the British House of Commons, without explicitly naming it).
  • Simple Explanation: Other parliamentary privileges (besides freedom of speech and publication immunity) are those defined by laws passed by Parliament. Until such laws are made, the privileges are the same as those that existed just before the 44th Amendment came into force in 1979 (which were largely based on the privileges of the UK House of Commons as of 1950). Parliament has not yet passed a comprehensive law codifying all privileges.
  • Example: Privileges include freedom from arrest in civil cases during sessions, the right of the House to regulate its own proceedings, the right to punish for contempt or breach of privilege (e.g., misleading the House, disrupting proceedings).
• Clause (4):
  • Original Text: “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… a House… or any committee… as they apply in relation to members…”
  • Simple Explanation: The privileges mentioned (freedom of speech, immunity from court proceedings for actions inside Parliament, etc.) also apply to non-MPs who have a constitutional right to speak in Parliament, namely the Attorney-General and Ministers who might be speaking in a House they are not members of.
  • Example: The Attorney-General, when speaking in Lok Sabha or a committee, enjoys the same freedom of speech and legal immunity for their words within Parliament as an MP does.

Article 106: Salaries and allowances of members

• Original Text: “Members… shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision… is so made, allowances at such rates… as were… applicable… [to] members of the Constituent Assembly…”
• Simple Explanation: MPs (both Lok Sabha and Rajya Sabha) are entitled to salaries and allowances as decided by Parliament through law. Until such a law was first made, they received allowances similar to those given to members of the Constituent Assembly.
• Example: The “Salary, Allowances and Pension of Members of Parliament Act” is the law passed by Parliament that currently governs the pay, travel allowances, constituency allowances, housing, medical facilities, etc., for MPs. Parliament can amend this Act to revise these entitlements.

Legislative Procedure

Article 107: Provisions as to introduction and passing of Bills

• Clause (1):
  • Original Text: “Subject to… articles 109 and 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament.”
  • Simple Explanation: Any Bill, except Money Bills and certain Financial Bills (which must start in Lok Sabha as per Arts 109/117), can be introduced first in either Lok Sabha or Rajya Sabha. These are called Ordinary Bills.
  • Example: A Bill related to education reform (an Ordinary Bill) can be introduced first in Rajya Sabha, debated and passed there, then sent to Lok Sabha.
• Clause (2):
  • Original Text: “Subject to… articles 108 and 109, a Bill shall not be deemed to have been passed… unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.”
  • Simple Explanation: For a Bill (other than a Money Bill under Art 109) to become law, it must be approved by both Lok Sabha and Rajya Sabha in identical form. If one House amends the Bill, the other House must agree to those specific amendments. (Article 108 provides a mechanism – joint sitting – to resolve disagreements).
  • Example: Lok Sabha passes a Bill. Rajya Sabha passes it with amendments. The Bill goes back to Lok Sabha. If Lok Sabha accepts Rajya Sabha’s amendments, the Bill is passed. If Lok Sabha rejects them, there is a deadlock (potentially leading to a joint sitting under Art 108).
• Clause (3):
  • Original Text: “A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.”
  • Simple Explanation: If a session of Parliament is ended (prorogued) by the President, any Bill that is still under consideration does not die (lapse). It can be taken up again in the next session.
  • Example: A Bill introduced in the Monsoon session is referred to a committee. Before the committee reports, the session is prorogued. The Bill remains active and can be considered in the subsequent Winter session.
• Clause (4):
  • Original Text: “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.”
  • Simple Explanation: If the Lok Sabha is dissolved (its term ends or it’s dissolved early), any Bill that originated and is still pending only in the Rajya Sabha (and has not yet been passed by Lok Sabha) does not lapse. The Rajya Sabha can continue considering it, and it can be sent to the newly elected Lok Sabha later.
  • Example: A Bill is introduced and debated in Rajya Sabha. Before Rajya Sabha passes it, the Lok Sabha is dissolved. The Bill remains alive in the Rajya Sabha.
• Clause (5):
  • Original Text: “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… article 108, lapse on a dissolution of the House of the People.”
  • Simple Explanation: If the Lok Sabha is dissolved, the following Bills do lapse (die and must be reintroduced in the new Lok Sabha):
    • Any Bill currently pending in the Lok Sabha (whether originated there or sent by Rajya Sabha).
    • Any Bill that was passed by Lok Sabha but is currently pending in Rajya Sabha.
  • (Exception: If the President has already notified intention for a joint sitting under Art 108 before dissolution, that Bill does not lapse).
  • Example: Lok Sabha passes a Bill and sends it to Rajya Sabha. Before Rajya Sabha passes it, Lok Sabha is dissolved. The Bill lapses. It must be introduced afresh in the new Parliament if desired.

Article 108: Joint sitting of both Houses in certain cases

• Clause (1):
  • Original Text: “If after a Bill has been passed by one House and transmitted to the other House— (a) the Bill is rejected…; or (b) the Houses have finally disagreed as to the amendments…; or (c) more than six months elapse… without the Bill being passed…, the President may, unless the Bill has elapsed by reason of a dissolution…, notify… his intention to summon them to meet in a joint sitting…: Provided that nothing in this clause shall apply to a Money Bill.”
  • Simple Explanation: Provides a mechanism to resolve deadlocks between Lok Sabha and Rajya Sabha on Ordinary Bills (not Money Bills or Constitution Amendment Bills). A deadlock occurs if:
    • (a) The second House rejects the Bill outright.
    • (b) The Houses cannot agree on amendments.
    • (c) More than 6 months pass after the second House receives the Bill without passing it.
  • In such cases, the President can summon a joint sitting of both Houses to deliberate and vote on the Bill together.
  • Example: Lok Sabha passes a Bill. Rajya Sabha suggests amendments that Lok Sabha refuses to accept. After 6 months of inaction/disagreement, the President, on the government’s advice, calls a joint sitting.
• Clause (2):
  • Original Text: “In reckoning… six months…, no account shall be taken of any period during which the House referred to in sub-clause (c)… is prorogued or adjourned for more than four consecutive days.”
  • Simple Explanation: When calculating the 6-month period for deadlock under Clause (1)(c), days when the House was not in session (prorogued) or adjourned for more than 4 consecutive days are excluded.
  • Example: If Rajya Sabha receives a Bill on July 1st, and is then prorogued for all of August, the 6-month countdown effectively pauses during August.
• Clause (3):
  • Original Text: “Where the President has… notified his intention of summoning… a joint sitting, neither House shall proceed further with the Bill, but the President may… summon the Houses to meet…”
  • Simple Explanation: Once the President announces the intention to call a joint sitting for a particular Bill, neither House can take any further action on that Bill independently. The President then formally summons the joint sitting.
  • Example: After notification, Lok Sabha cannot reconsider amendments, nor can Rajya Sabha try to pass the Bill separately. They must wait for the joint sitting.
• Clause (4):
  • Original Text: “If at the joint sitting… the Bill, with such amendments, if any, as are agreed to…, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed… to have been passed by both Houses: Provided that at a joint sitting— (a) if the Bill… has not been passed by the other House with amendments…, no amendment shall be proposed… other than such… as are made necessary by the delay…; (b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed… and such other amendments as are relevant to the matters with respect to which the Houses have not agreed;…”
  • Simple Explanation:
    • In a joint sitting, the Bill is passed if it gets a simple majority of the total members present and voting from both Houses combined. Since Lok Sabha has more members than Rajya Sabha, Lok Sabha’s view usually prevails in a joint sitting.
    • Amendments at Joint Sitting: Only specific amendments can be proposed:
      • If the deadlock was due to rejection or delay (no amendments involved), only amendments necessitated by the time delay can be proposed.
      • If the deadlock was over amendments, only those amendments causing disagreement, and any related consequential amendments, can be proposed. New, unrelated amendments are generally not allowed.
    • The decision of the person presiding (usually the Lok Sabha Speaker) on admissibility of amendments is final.
  • Example: At a joint sitting on a Bill where Rajya Sabha’s amendments were rejected by Lok Sabha, only those specific amendments (and related changes) can be voted upon before the final vote on the Bill itself. A simple majority of (LS MPs present + RS MPs present) is needed to pass the Bill. Historically, joint sittings passed the Dowry Prohibition Act, Banking Service Commission (Repeal) Act, and POTA.
• Clause (5):
  • Original Text: “A joint sitting may be held… 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…”
  • Simple Explanation: If the President has already notified the intention to hold a joint sitting before the Lok Sabha dissolves, the joint sitting can still be held, and the Bill can be passed by the members of Rajya Sabha and the newly elected Lok Sabha. This is an exception to the rule that Bills lapse on dissolution (Art 107(5)).
  • Example: President notifies joint sitting on May 1st. Lok Sabha dissolves on May 10th. Elections happen. The new Lok Sabha convenes. The previously notified joint sitting can now be held with Rajya Sabha members and the newly elected Lok Sabha members.

Article 109: Special procedure in respect of Money Bills

• Clause (1):
  • Original Text: “A Money Bill shall not be introduced in the Council of States.”
  • Simple Explanation: Money Bills can only be introduced in the Lok Sabha, not the Rajya Sabha. This gives the directly elected House primacy in financial matters.
  • Example: The annual Budget (Appropriation Bill, Finance Bill) is always introduced first in the Lok Sabha.
• Clause (2):
  • Original Text: “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… shall within… fourteen days… return the Bill… with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations…”
  • Simple Explanation: Once Lok Sabha passes a Money Bill, it goes to Rajya Sabha. Rajya Sabha cannot reject or amend a Money Bill. It can only make recommendations for changes and must return the Bill (with or without recommendations) within 14 days. Lok Sabha is free to accept or reject any recommendations made by Rajya Sabha.
  • Example: Lok Sabha passes the Finance Bill. Rajya Sabha discusses it and suggests removing a particular tax proposal. It returns the Bill within 14 days with this recommendation. Lok Sabha considers it but decides to reject the recommendation.
• Clause (3):
  • Original Text: “If the House of the People accepts any of the recommendations…, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended… and accepted…”
  • Simple Explanation: If Lok Sabha accepts any recommendations from Rajya Sabha, the Bill is considered passed by both Houses in that modified form.
  • Example: In the previous example, if Lok Sabha agreed with Rajya Sabha’s recommendation to remove the tax proposal and incorporated it, the Finance Bill is deemed passed by both Houses with that change.
• Clause (4):
  • Original Text: “If the House of the People does not accept any of the recommendations…, 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…”
  • Simple Explanation: If Lok Sabha rejects all recommendations from Rajya Sabha, the Bill is considered passed by both Houses in the original form as passed by Lok Sabha. Rajya Sabha’s recommendations are effectively ignored.
  • Example: Lok Sabha passed the Finance Bill; Rajya Sabha recommended changes; Lok Sabha rejected those changes. The Bill is deemed passed by Parliament in the exact form Lok Sabha originally approved.
• Clause (5):
  • Original Text: “If a Money Bill… 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.”
  • Simple Explanation: If Rajya Sabha fails to return a Money Bill to Lok Sabha within 14 days of receiving it, the Bill is automatically considered passed by both Houses in the form it was sent by Lok Sabha. Rajya Sabha’s inaction equals assent in this case.
  • Example: Lok Sabha passes a Money Bill on March 1st and sends it to Rajya Sabha. If Rajya Sabha does not return it by March 15th, the Bill is automatically deemed passed by Parliament on March 15th.

Article 110: Definition of “Money Bills”

• Clause (1):
  • Original Text: “…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… borrowing… or… guarantee by the Government…; (c) the custody of the Consolidated Fund or the Contingency Fund…, payment… into or… withdrawal… from any such Fund; (d) the appropriation of moneys out of the Consolidated Fund…; (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund…; (f) the receipt of money on account of the Consolidated Fund… or the public account…; or (g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).”
  • Simple Explanation: Defines what constitutes a Money Bill. A Bill is a Money Bill only if it deals exclusively with one or more of the following financial matters:
    • (a) Taxes: Imposing, removing, changing, or regulating any tax (at the Union level).
    • (b) Government Borrowing: Regulating government borrowing, giving government guarantees for loans.
    • (c) Funds Custody: Managing India’s Consolidated Fund (main account) or Contingency Fund (emergency fund), including payments into or withdrawals from them.
    • (d) Appropriation: Authorizing the spending of money from the Consolidated Fund.
    • (e) Charged Expenditure: Declaring certain expenses as ‘charged’ upon the Consolidated Fund (meaning they don’t need Lok Sabha’s annual vote, e.g., salaries of President, Supreme Court judges).
    • (f) Receipts: Handling money received into the Consolidated Fund or the Public Account (where money like provident funds is held).
    • (g) Incidental Matters: Any issue directly connected to the above points (a) to (f).
  • Crucial Word: “Only” – if a Bill mixes these financial matters with other non-financial legislative provisions, it’s generally considered a Financial Bill (under Art 117), not a Money Bill.
  • Example: The Finance Bill (containing tax proposals) and the Appropriation Bill (authorizing government expenditure for the year) are classic examples of Money Bills. A Bill primarily about agricultural policy that also includes a minor tax change might be classified as a Financial Bill, not a Money Bill.
• Clause (2):
  • Original Text: “A Bill shall not be deemed to be a Money Bill by reason only that it provides for… fines or other pecuniary penalties, or for… fees for licences or fees for services rendered, or… [local taxes] by any local authority…”
  • Simple Explanation: Clarifies that a Bill is not automatically a Money Bill just because it includes provisions for:
    • Fines or financial penalties.
    • Fees for licenses or services (e.g., court fees, license fees).
    • Taxes imposed by local bodies (municipalities, panchayats) for local purposes.
  • Example: A Bill setting up a new regulatory authority and allowing it to charge license fees from regulated entities is not necessarily a Money Bill just because of the fee provision.
• Clause (3):
  • Original Text: “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.”
  • Simple Explanation: If there is a dispute about whether a specific Bill qualifies as a Money Bill, the Speaker of the Lok Sabha has the final authority to decide, and their decision cannot be challenged in court or by the Rajya Sabha or the President.
  • Example: The government introduces a Bill in Lok Sabha claiming it’s a Money Bill. Some opposition members or Rajya Sabha might disagree. The Speaker’s ruling on whether it is indeed a Money Bill under Article 110 is binding.
• Clause (4):
  • Original Text: “There shall be endorsed on every Money Bill when it is transmitted to the Council of States…, and when it is presented to the President for assent…, the certificate of the Speaker… signed by him that it is a Money Bill.”
  • Simple Explanation: Every Bill classified as a Money Bill must carry a certificate signed by the Speaker confirming its status when it is sent to Rajya Sabha or presented to the President for assent.
  • Example: When the Finance Bill is sent from Lok Sabha to Rajya Sabha, it bears the Speaker’s signed certification on it, stating “This Bill is a Money Bill within the meaning of Article 110 of the Constitution of India.”

Article 111: Assent to Bills

• Original Text: “When a Bill has been passed by the Houses…, it shall be presented to the President, and the President shall declare either that he assents…, or that he withholds assent…: Provided that the President may… return the Bill if it is not a Money Bill to the Houses with a message requesting… reconsideration…, and if the Bill is passed again… with or without amendment…, the President shall not withhold assent…”
• Simple Explanation: Outlines the President’s options when a Bill passed by both Houses is presented for assent (approval) to become an Act:
  • Give Assent: The President agrees, and the Bill becomes law (an Act).
  • Withhold Assent (Absolute Veto): The President refuses assent. The Bill dies and does not become law. (This is rarely used for Bills passed by Parliament, more common for state bills reserved for President).
  • Return for Reconsideration (Suspensive Veto): The President sends the Bill (if it’s not a Money Bill) back to Parliament with suggestions for changes or reconsideration.
    3. If Parliament passes the Bill again, with or without accepting the President’s suggestions, and presents it back to the President, the President must give assent. They cannot return it a second time.
  • (Note: The President also has a ‘Pocket Veto’ – simply taking no action indefinitely, as the Constitution doesn’t specify a time limit for giving assent or returning a Bill. This is not explicitly mentioned but is an inferred power).
  • (Note: Money Bills cannot be returned for reconsideration; the President can only assent or withhold assent).
• Example:
  3. Parliament passes a Bill on wildlife protection. The President signs it; it becomes the Wildlife Protection Act.
  4. Parliament passes a Bill increasing MPs’ salaries. The President feels it’s excessive and returns it, suggesting a lower increase. Parliament passes the Bill again with the original higher increase. The President must now sign it.
  • Pocket Veto Example: The Indian Post Office (Amendment) Bill passed in 1986 was kept pending by President Zail Singh without assent, effectively vetoing it.

Procedure in Financial Matters

Article 112: Annual financial statement

• Clause (1):
  • Original Text: “The President shall in respect of every financial year cause to be laid before both the Houses… a statement of the estimated receipts and expenditure… for that year, in this Part referred to as the ‘annual financial statement’.”
  • Simple Explanation: Mandates that the President (acting through the Finance Minister) must present Parliament with a statement detailing the government’s estimated income (receipts) and spending (expenditure) for the upcoming financial year (April 1st – March 31st). This statement is commonly known as the Budget.
  • Example: The Finance Minister presenting the Union Budget in Lok Sabha, usually in February.
• Clause (2):
  • Original Text: “The estimates of expenditure… shall show separately— (a) the sums required to meet expenditure described… as expenditure charged upon the Consolidated Fund…; and (b) the sums required to meet other expenditure proposed… from the Consolidated Fund…, and shall distinguish expenditure on revenue account from other expenditure.”
  • Simple Explanation: The Budget’s expenditure section must clearly separate two types of spending:
    • (a) Charged Expenditure: Expenses that are charged on the Consolidated Fund of India (CFI) by the Constitution. These are not voted upon by Parliament, though they can be discussed. (See Clause 3 for examples).
    • (b) Voted Expenditure: All other government spending proposed from the CFI, which must be presented to the Lok Sabha in the form of ‘Demands for Grants’ and requires Lok Sabha’s approval (vote).
  • It must also differentiate between ‘Revenue Expenditure’ (day-to-day running costs like salaries, subsidies) and ‘Capital Expenditure’ (creating assets like infrastructure).
  • Example: The Budget document shows salaries of Supreme Court judges separately (charged) from the funds requested for a new highway project (voted).
• Clause (3):
  • Original Text: “The following expenditure shall be expenditure charged on the Consolidated Fund…— (a) emoluments… of the President…; (b) salaries… of the Chairman and… Deputy Chairman… Speaker and… Deputy Speaker…; (c) debt charges… including interest…; (d) salaries… and pensions… of Judges of the Supreme Court…, Federal Court…, High Courts…; (e) salary… and pension… of the Comptroller and Auditor-General…; (f) any sums required to satisfy any judgment, decree or award…; (g) any other expenditure declared by this Constitution or by Parliament by law to be so charged.”
  • Simple Explanation: Lists specific items considered ‘Charged Expenditure’ which are paid directly from the CFI without needing Lok Sabha’s annual vote:
    • President’s salary, allowances, and office expenses.
    • Salaries/allowances of Rajya Sabha Chairman/Deputy Chairman and Lok Sabha Speaker/Deputy Speaker.
    • Government debt repayments and interest payments.
    • Salaries, allowances, pensions of Supreme Court judges, and pensions of retired High Court/Federal Court judges.
    • Salary, allowances, pension of the Comptroller and Auditor General (CAG).
    • Payments needed to satisfy court judgments against the government.
    • Any other expense declared as ‘charged’ by the Constitution or a specific Act of Parliament (e.g., salary of UPSC Chairman/members).
  • Reason: Ensures the independence and stability of key constitutional offices and honours financial commitments without being subject to political voting pressures each year.
  • Example: Interest payments on government bonds are automatically paid from the CFI as charged expenditure; the Lok Sabha does not vote on whether to pay this interest.

Article 113: Procedure in Parliament with respect to estimates

• Clause (1):
  • Original Text: “So much of the estimates as relates to expenditure charged upon the Consolidated Fund… shall not be submitted to the vote of Parliament, but nothing… shall be construed as preventing the discussion in either House…”
  • Simple Explanation: Parliament (either House) can discuss the ‘Charged Expenditure’ items listed in the Budget, but cannot vote on them.
  • Example: MPs can debate the expenses related to the President’s office during the Budget discussion but cannot vote to reduce or reject that specific allocation.
• Clause (2):
  • Original Text: “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… shall have power to assent, or to refuse… assent, to any demand, or to assent… subject to a reduction…”
  • Simple Explanation: All other expenditure (Voted Expenditure) must be presented to the Lok Sabha as separate ‘Demands for Grants’ (usually ministry-wise). The Lok Sabha has the power to:
    • Approve a demand.
    • Reject a demand entirely.
    • Reduce the amount requested in a demand (through ‘cut motions’).
  • Rajya Sabha can only discuss these demands; it has no power to vote on them.
  • Example: The Ministry of Defence presents a Demand for Grant of £X for modernization. Lok Sabha debates it. An MP moves a ‘policy cut motion’ to reduce the demand by £1 to signal disapproval of the policy. Lok Sabha votes on the cut motion and then on the demand itself.
• Clause (3):
  • Original Text: “No demand for a grant shall be made except on the recommendation of the President.”
  • Simple Explanation: Only the government (acting in the name of the President) can propose spending money from the public funds. MPs cannot propose new items of expenditure; they can only propose reductions to government demands.
  • Example: An individual MP cannot introduce a motion asking for £100 crore to build a hospital in their constituency; only the government can make such a demand for a grant, recommended by the President.

Article 114: Appropriation Bills

• Clause (1):
  • Original Text: “As soon as may be after the grants under article 113 have been made…, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund… of all moneys required to meet— (a) the grants so made…; and (b) the expenditure charged…”
  • Simple Explanation: After the Lok Sabha votes on and approves the Demands for Grants (voted expenditure), a specific Bill called the Appropriation Bill is introduced. This Bill consolidates all the approved demands and all the charged expenditure into one law, legally authorizing the government to withdraw the total amount from the Consolidated Fund of India (CFI).
  • Example: After Lok Sabha approves grants for all ministries, the Appropriation Bill listing these amounts plus the charged expenditure amounts is introduced and passed.
• Clause (2):
  • Original Text: “No amendment shall be proposed to any such Bill… which will have the effect of varying the amount or altering the destination of any grant… or of varying the amount of any… charged… expenditure…”
  • Simple Explanation: Once the Appropriation Bill is introduced, no amendments can be proposed in either House that would change the amount or purpose of any grant already voted by Lok Sabha, or change the amount of any charged expenditure. The Bill is essentially a formalization of decisions already made during the voting on demands.
  • Example: During the debate on the Appropriation Bill, an MP cannot propose to increase the grant for the Defence Ministry or decrease the salary allocated for Supreme Court judges.
• Clause (3):
  • Original Text: “Subject to… articles 115 and 116, no money shall be withdrawn from the Consolidated Fund… except under appropriation made by law…”
  • Simple Explanation: This is a fundamental principle: The government cannot legally withdraw any money from the Consolidated Fund of India unless authorized by an Appropriation Act passed by Parliament according to this article (or under special circumstances covered by Arts 115 & 116).
  • Example: The government needs parliamentary approval via an Appropriation Act before it can spend money on building roads, paying salaries, or funding schemes.

Article 115: Supplementary, additional or excess grants

• Clause (1):
  • Original Text: “The President shall— (a) if the amount authorised… [by Appropriation Act]… is found to be insufficient… or when a need has arisen… for supplementary or additional expenditure upon some new service not contemplated…, or (b) if any money has been spent… in excess of the amount granted…, cause to be laid before… Parliament another statement showing the estimated amount… or cause to be presented… a demand for such excess…”
  • Simple Explanation: Deals with situations where the money authorized by the initial Appropriation Act isn’t enough or where unforeseen/excess spending occurs:
    • (a) Supplementary/Additional Grant: If the allocated funds for a service are insufficient, or if money is needed for a new service not included in the original budget, the government must present a new estimate (Supplementary Demands for Grants) to Parliament.
    • (b) Excess Grant: If the government has accidentally spent more than what was authorized for a service in a financial year, it must present a demand for the excess amount spent (usually after the financial year ends and the CAG report highlights the excess).
  • Example:
    • (a) A major flood requires more relief funds than budgeted; the government presents Supplementary Demands for Grants. A new unforeseen international obligation requires funding; Additional Demands are presented.
    • (b) A ministry overspends its budget due to miscalculation. After the CAG points it out, the government seeks Parliament’s approval for the excess amount through a Demand for Excess Grant (which is then regularized via another Appropriation Act).
• Clause (2):
  • Original Text: “The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and expenditure or demand and… law to be made… as they have effect in relation to the annual financial statement…”
  • Simple Explanation: The same procedure used for the main Budget (presentation, separation of charged/voted, voting on demands in Lok Sabha under Art 113, passing an Appropriation Act under Art 114) must be followed for these supplementary, additional, or excess grants.
  • Example: Supplementary Demands for Grants are debated and voted upon by Lok Sabha, and then a Supplementary Appropriation Act is passed to authorize the withdrawal of these extra funds.

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

• Clause (1):
  • Original Text: “…the House of the People shall have power— (a) to make any grant in advance… for a part of any financial year pending the completion of the procedure prescribed in article 113… and… article 114…; (b) to make a grant for meeting an unexpected demand… when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given…; (c) to make an exceptional grant which forms no part of the current service…; and Parliament shall have power to authorise by law the withdrawal of moneys…”
  • Simple Explanation: Allows Lok Sabha to grant money under special circumstances outside the regular budget process:
    • (a) Vote on Account: Authorizes the government to withdraw funds from the CFI for essential expenditure for a part of the financial year (usually 2 months) before the full budget (Demands for Grants and Appropriation Bill) is passed. This is common in election years or when detailed budget scrutiny will take time. It’s passed after a general discussion on the budget without voting on individual demands.
    • (b) Vote of Credit: Grants a lump sum to the executive to meet unforeseen, urgent demands where the details cannot be precisely stated at the time (e.g., sudden war expenditure). It’s like giving the government a blank cheque for a specific emergency. (Rarely used).
    • (c) Exceptional Grant: Granted for a special purpose that doesn’t fit into the ordinary financial year’s services. (Also rare).
  • Parliament must pass a law (similar to Appropriation Act) to authorize withdrawal for these grants too.
  • Example:
    • (a) In February of an election year, Parliament passes a Vote on Account to cover government expenses for April and May, allowing the new government post-election to present the full budget.
    • (b) If a sudden, large-scale natural disaster occurs requiring massive, immediate, but initially unquantifiable expenditure, a Vote of Credit might be sought.
• Clause (2):
  • Original Text: “The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause (1) and… law… under that clause as they have effect in relation to… expenditure mentioned in the annual financial statement…”
  • Simple Explanation: The procedures for voting (Art 113 in Lok Sabha) and legal authorization for withdrawal (Art 114 via an Act) apply to Votes on Account, Votes of Credit, and Exceptional Grants as well.
  • Example: A Vote on Account requires Lok Sabha’s approval and then passage of a corresponding Appropriation (Vote on Account) Act.

Article 117: Special provisions as to financial Bills

• Clause (1):
  • Original Text: “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… for… reduction or abolition of any tax.”
  • Simple Explanation: Deals with Financial Bills of Category I. These are Bills that contain provisions related to matters in Article 110(1)(a-f) (taxes, borrowing, CFI, etc.) but also contain other general legislative provisions.
    • Like Money Bills, they can only be introduced in Lok Sabha.
    • They require the President’s prior recommendation for introduction.
    • Unlike Money Bills, Rajya Sabha can amend or reject these Bills (subject to Art 108 joint sitting provisions).
    • Proviso: An amendment merely seeking to reduce or abolish a tax doesn’t need President’s recommendation.
  • Example: A Bill that proposes a new tax (Art 110 matter) but also includes detailed regulations on the industry being taxed (general legislation) would be a Financial Bill Category I. It needs President’s recommendation, starts in Lok Sabha, but Rajya Sabha can amend the regulatory parts.
• Clause (2):
  • Original Text: “A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for… fines… penalties,… fees for licences or… services…, or… [local taxes]…”
  • Simple Explanation: Similar to Art 110(2), this clarifies that a Bill isn’t automatically a Financial Bill (requiring President’s recommendation) just because it involves fines, fees, or local taxes.
  • Example: A Bill regulating telecom services that includes license fees is not necessarily a Financial Bill Category I requiring prior Presidential recommendation just due to the fees.
• Clause (3):
  • Original Text: “A Bill which, if enacted…, would involve expenditure from the Consolidated Fund… shall not be passed by either House… unless the President has recommended… the consideration of the Bill.”
  • Simple Explanation: Deals with Financial Bills of Category II. These are Ordinary Bills that do not contain matters from Art 110(1)(a-f), but do involve spending money from the Consolidated Fund of India.
    • They can be introduced in either House.
    • They do not need President’s recommendation for introduction.
    • However, they cannot be passed by either House unless the President has recommended the House to consider the Bill (this recommendation can come at any stage before passing).
  • Example: A Bill proposing the creation of a new government agency, which would naturally require funds from the CFI for salaries and infrastructure. This Bill can start in Rajya Sabha without prior recommendation, but before Rajya Sabha or Lok Sabha finally passes it, the President must recommend its consideration due to the expenditure involved.

Procedure Generally

Article 118: Rules of procedure

• Clause (1):
  • Original Text: “Each House of Parliament may make rules for regulating, subject to… this Constitution, its procedure and the conduct of its business.”
  • Simple Explanation: Both Lok Sabha and Rajya Sabha have the power to create their own rules for how they conduct meetings, debates, voting, and other business, as long as these rules don’t violate the Constitution.
  • Example: The ‘Rules of Procedure and Conduct of Business in Lok Sabha’ and the corresponding rules for Rajya Sabha detail everything from how questions are asked (Question Hour) to how Bills are debated and committees function.
• Clause (2):
  • Original Text: “Until rules are made under clause (1), the rules… in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect… subject to such modifications… as may be made… by the Chairman… or the Speaker…”
  • Simple Explanation: Until Parliament made its own rules, the rules of the previous legislature (Constituent Assembly functioning as Dominion Legislature) were to be followed, with necessary changes made by the Speaker/Chairman.
  • Example: This was a transitional provision ensuring procedural continuity immediately after the Constitution came into force. Parliament has since framed its own comprehensive rules.
• Clause (3):
  • Original Text: “The President, after consultation with the Chairman… and the Speaker…, may make rules as to the procedure with respect to joint sittings…, and communications between, the two Houses.”
  • Simple Explanation: The President, after consulting the presiding officers of both Houses, makes the rules governing the procedure for joint sittings (convened under Art 108) and formal communication between Lok Sabha and Rajya Sabha.
  • Example: The “Houses of Parliament (Joint Sittings and Communications) Rules” lay down how a joint sitting is conducted, who presides, how voting happens etc.
• Clause (4):
  • Original Text: “At a joint sitting… the Speaker…, or in his absence such person as may be determined by rules… made under clause (3), shall preside.”
  • Simple Explanation: The Speaker of the Lok Sabha presides over a joint sitting of both Houses. If the Speaker is absent, the rules made under Clause (3) specify who presides (usually the Deputy Speaker of Lok Sabha, and if also absent, the Deputy Chairman of Rajya Sabha).
  • Example: When a joint sitting is held to resolve deadlock on a Bill, the Lok Sabha Speaker takes the chair.

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

• Original Text: “Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure…, and… conduct of business… in relation to any financial matter or… Appropriation Bill…, and, if… any provision of any law so made is inconsistent with any rule made by a House… under… article 118…, such provision shall prevail.”
• Simple Explanation: Allows Parliament to pass a specific law to regulate procedures related to financial matters (like passing the Budget or Appropriation Bills) to ensure they are completed on time. If such a law conflicts with the general rules of procedure made by a House under Article 118(1), the provisions of the law will override the House rules.
• Example: Parliament could potentially pass an Act setting strict timelines for different stages of the Budget debate, and this Act would override any conflicting general procedural rule previously adopted by Lok Sabha or Rajya Sabha. (In practice, financial business timelines are largely managed through House rules and conventions).

Article 120: Language to be used in Parliament

• Clause (1):
  • Original Text: “Notwithstanding anything in Part XVII [Official Language provisions], but subject to… article 348 [Language in Supreme Court/High Courts], business in Parliament shall be transacted in Hindi or in English: Provided that the Chairman… or Speaker…, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue.”
  • Simple Explanation: Specifies the languages for conducting business in Parliament:
    • Official business can be conducted in either Hindi or English. (This overrides general official language provisions in Part XVII and is not restricted by Art 348 concerning court/legal text language).
    • Proviso: The Presiding Officer (Speaker/Chairman) can allow an MP who is unable to express themselves adequately in Hindi or English to speak in their mother tongue. Simultaneous interpretation facilities are often provided.
  • Example: MPs can deliver speeches, ask questions, and participate in debates in either Hindi or English. An MP from Tamil Nadu who is not fluent in Hindi or English may be permitted by the Speaker to speak in Tamil, with interpretation provided.
• Clause (2):
  • Original Text: “Unless Parliament by law otherwise provides, this article shall, after… fifteen years from the commencement of this Constitution, have effect as if the words ‘or in English’ were omitted…”
  • Simple Explanation: This clause originally intended that English would cease to be a language for parliamentary business 15 years after the Constitution’s commencement (i.e., after 1965), unless Parliament decided otherwise.
  • Current Status: Parliament did decide otherwise. The Official Languages Act, 1963 provided for the continued use of English in Parliament, alongside Hindi, indefinitely. Therefore, the phrase “or in English” has not been omitted, and both languages continue to be used.
  • Example: Due to the Official Languages Act, 1963, English continues to be used in parliamentary proceedings today, alongside Hindi.

Article 121: Restriction on discussion in Parliament

• Original Text: “No discussion shall take place in Parliament with respect to 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 hereinafter provided.”
• Simple Explanation: Parliament is generally prohibited from discussing the conduct of a Supreme Court or High Court judge in their official capacity. The only exception is when Parliament is considering a formal motion to remove the judge through the impeachment process (as laid out later in Article 124(4)). This rule protects judicial independence from political pressure.
• Example: MPs cannot criticize a specific judge’s ruling or personal conduct during regular debates. However, if a formal impeachment motion against a judge is admitted, their conduct can be discussed specifically in the context of that motion.

Article 122: Courts not to inquire into proceedings of Parliament

• Clause (1):
  • Original Text: “The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.”
  • Simple Explanation: Courts cannot question the validity of Parliament’s proceedings based on claims that Parliament didn’t follow its own procedural rules correctly. Parliament is the master of its own procedure.
  • Example: If a Bill is passed, a court cannot invalidate it simply because someone alleges that the voting procedure used within Parliament was slightly irregular, as long as the constitutional requirements (like necessary majority) were met.
• Clause (2):
  • Original Text: “No officer or member of Parliament in whom powers are vested… for regulating procedure or… conduct of business, or for maintaining order… shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.”
  • Simple Explanation: Parliamentary officers (like the Speaker, Chairman) and MPs responsible for managing procedure, business, or maintaining order within Parliament cannot be sued or challenged in court for actions taken while performing these duties.
  • Example: A court cannot entertain a case against the Speaker for a decision they made regarding the conduct of business or maintaining discipline within the Lok Sabha.

CHAPTER III – LEGISLATIVE POWERS OF THE PRESIDENT

Article 123: Power of President to promulgate Ordinances during recess of Parliament

• Clause (1):
  • Original Text: “If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.”
  • Simple Explanation: Gives the President the power to issue Ordinances (temporary laws) when Parliament is not in session (either one or both Houses are prorogued or adjourned) and the President believes immediate action is necessary due to existing circumstances. This power is exercised on the advice of the Council of Ministers.
  • Example: If Parliament is not in session and a sudden economic crisis requires urgent legal measures, the President, on the cabinet’s advice, can issue an Ordinance to address the situation immediately.
• Clause (2):
  • Original Text: “An Ordinance… shall have the same force and effect as an Act of Parliament, but every such Ordinance— (a) shall be laid before both Houses… and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and (b) may be withdrawn at any time by the President. Explanation.—Where the Houses… are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates…”
  • Simple Explanation:
    • An Ordinance has the same legal power as an Act of Parliament but is temporary.
    • (a) Duration: It must be presented to both Houses when they next meet. It automatically expires 6 weeks after Parliament reassembles, unless Parliament passes resolutions disapproving it earlier. If the Houses reassemble on different dates, the 6 weeks count from the later date. To remain a permanent law, Parliament must pass a Bill replacing the Ordinance within this period.
    • (b) Withdrawal: The President can withdraw the Ordinance at any time.
  • Example: An Ordinance is issued in June. Parliament reassembles on July 15th. The Ordinance must be placed before Parliament. It will automatically lapse around August 26th (6 weeks after July 15th) unless Parliament passes a Bill converting it into an Act before then, or if both Houses pass resolutions disapproving it before that date.
• Clause (3):
  • Original Text: “If and so far as an Ordinance… makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.”
  • Simple Explanation: An Ordinance is subject to the same constitutional limitations as an Act of Parliament. If an Ordinance contains something that Parliament does not have the power to legislate on (e.g., violates Fundamental Rights or deals with a State List subject without proper justification), that provision (or the whole Ordinance) is invalid.
  • Example: An Ordinance cannot take away the Fundamental Right to Life (Article 21) arbitrarily, just as an Act of Parliament cannot.
• (Note: Clause (4), which barred judicial review of ordinances, was added by the 38th Amendment and deleted by the 44th Amendment. Courts can now review Ordinances, for example, on grounds of mala fide intent or if the President’s satisfaction about the necessity was baseless).

CHAPTER IV – THE UNION JUDICIARY

Article 124: Establishment and constitution of Supreme Court

• Clause (1):
  • Original Text: “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.” (Note: The number has been increased by Parliament over time; currently 33 + Chief Justice).
  • Simple Explanation: Establishes the Supreme Court of India, headed by the Chief Justice of India (CJI). Parliament has the power to increase the number of other judges by law. Initially, it was CJI + 7 judges.
  • Example: Parliament passed the Supreme Court (Number of Judges) Act, periodically increasing the sanctioned strength to meet the workload, reaching the current strength of 34 (including CJI).
• Clause (2):
  • Original Text: “Every Judge… 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… as the President may deem necessary… 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… resign…; (b) a Judge may be removed… in the manner provided in clause (4).”
  • Simple Explanation:
    • Appointment: Supreme Court judges are appointed by the President. The President must consult certain judges (the exact process evolved through judicial interpretation – the ‘Collegium System’ where the CJI and senior SC judges recommend names, and this consultation is effectively binding on the President). For appointing any judge other than the CJI, the CJI must always be consulted.
    • Tenure: Judges hold office until they reach the age of 65.
    • Resignation: A judge can resign by writing to the President.
    • Removal: A judge can be removed only through the impeachment process detailed in Clause (4).
  • Example: The President appoints a new Supreme Court judge based on the recommendation received from the Supreme Court Collegium, headed by the CJI. The appointed judge serves until age 65 unless they resign or are removed.
• Clause (2A): (Note: Inserted by 15th Amendment, 1963).
  • Original Text: “The age of a Judge… shall be determined by such authority and in such manner as Parliament may by law provide.”
  • Simple Explanation: Parliament can make a law to specify how disputes regarding a Supreme Court judge’s age are to be determined.
  • Example: If there’s a doubt about a judge’s exact date of birth affecting their retirement age, a law made under this clause would dictate the process for resolving it.
• Clause (3):
  • Original Text: “A person shall not be qualified for appointment as a Judge… unless he is a citizen of India and— (a) has been for at least five years a Judge of a High Court…; or (b) has been for at least ten years an advocate of a High Court…; or (c) is, in the opinion of the President, a distinguished jurist. Explanation I.—… ‘High Court’ means a High Court which exercises… jurisdiction in any part of… India. Explanation II.—… in computing… period… as an advocate, any period… [holding] judicial office not inferior to that of a district judge after he became an advocate shall be included.”
  • Simple Explanation: Qualifications required to become a Supreme Court judge:
    • Must be an Indian citizen, AND meet at least one of the following:
      1. (a) Been a High Court judge for at least 5 years.
      2. (b) Been a High Court advocate for at least 10 years. (Time spent as a District Judge or higher after becoming an advocate counts towards these 10 years).
      3. (c) Be a ‘distinguished jurist’ in the President’s opinion (though this category has rarely, if ever, been used for direct appointments from academia).
  • Example: A judge serving in the Bombay High Court for 6 years is eligible under (a). A senior advocate practicing in the Delhi High Court for 12 years is eligible under (b).
• Clause (4):
  • Original Text: “A Judge… shall not be removed… 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.”
  • Simple Explanation: Describes the difficult process for removing (impeaching) a Supreme Court judge:
    • Grounds: Only “proved misbehaviour” or “incapacity”.
    • Procedure:
      1. A motion is introduced in Parliament.
      2. If admitted, an inquiry committee investigates the charges.
      3. If the committee finds grounds, the motion is debated in Parliament.
      4. It must be passed by each House (Lok Sabha and Rajya Sabha) separately.
      5. The required majority in each House is:
         • A majority of the total membership of the House (Absolute Majority).
         • AND a majority of at least two-thirds of the members present and voting (Special Majority).
      6. If passed by both Houses in the same session, an address is presented to the President.
      7. The President then issues the order for removal.
  • Example: Though proceedings were initiated against Justice V. Ramaswami, no Supreme Court judge has ever been removed through this process, highlighting its stringent nature.
• Clause (5):
  • Original Text: “Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity…”
  • Simple Explanation: Parliament can make a law detailing the procedure for initiating the impeachment motion, the investigation process, and how misbehaviour/incapacity is to be proved.
  • Example: The Judges (Inquiry) Act, 1968, lays down the detailed procedure based on this clause.
• Clause (6):
  • Original Text: “Every person appointed… shall, before he enters upon his office, make and subscribe before the President, or some person appointed…, an oath or affirmation according to the form set out… in the Third Schedule.”
  • Simple Explanation: Before starting work, every Supreme Court judge must take an oath or affirmation (pledging allegiance to the Constitution, performing duties without fear or favour, etc.) before the President or someone appointed by the President. The oath format is in the Third Schedule.
  • Example: The Chief Justice of India administers the oath to newly appointed Supreme Court judges in a formal ceremony, having been authorized by the President.
• Clause (7):
  • Original Text: “No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.”
  • Simple Explanation: After retiring as a Supreme Court judge, a person is barred from practicing law (pleading or acting) in any court or before any authority in India. This maintains the dignity and independence of the office.
  • Example: A retired Supreme Court judge cannot appear as a lawyer in a High Court or any lower court, or before quasi-judicial tribunals. They can, however, engage in arbitration or provide legal opinions privately.

Article 125: Salaries, etc., of Judges

• Clause (1): (Note: Substituted by 54th Amendment, 1986).
  • Original Text: “There shall be paid to the Judges… such salaries as may be determined by Parliament by law and, until provision… is so made, such salaries as are specified in the Second Schedule.”
  • Simple Explanation: Parliament determines the salaries of Supreme Court judges by law. Until such a law is made, the salaries listed in the Second Schedule apply.
  • Example: Parliament passes the Supreme Court Judges (Salaries and Conditions of Service) Act to fix and revise their salaries.
• Clause (2):
  • Original Text: “Every Judge shall be entitled to such privileges and allowances and… rights in respect of leave… and pension as may… be determined by… 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 nor the allowances… nor his rights in respect of leave… or pension shall be varied to his disadvantage after his appointment.”
  • Simple Explanation: Parliament also determines judges’ allowances (like housing, travel), leave entitlements, and pensions by law. Until such laws are made, the Second Schedule applies.
  • Proviso (Crucial): Once a judge is appointed, their allowances, leave rights, and pension conditions cannot be changed to their disadvantage. This protects judicial independence by ensuring financial security.
  • Example: Parliament cannot pass a law reducing the pension entitlement of judges who have already been appointed; any adverse change can only apply to future appointees.

Article 126: Appointment of acting Chief Justice

• Original Text: “When the office of Chief Justice of India is vacant or when the Chief Justice is… unable to perform the duties…, the duties… shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.”
• Simple Explanation: If the office of the Chief Justice of India (CJI) is vacant, or the CJI is temporarily unable to work (due to absence, illness, etc.), the President can appoint another Supreme Court judge to act as the CJI.
• Example: If the CJI is traveling abroad, the President appoints the senior-most available Supreme Court judge to perform the duties of the CJI until their return.

Article 127: Appointment of ad hoc Judges

• Clause (1):
  • Original Text: “If at any time there should not be a quorum of the Judges… available…, 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… as an ad hoc Judge… of a Judge of a High Court duly qualified…”
  • Simple Explanation: If the Supreme Court lacks the minimum number of judges (quorum) needed to hold a session or continue hearing a case, the CJI can appoint a High Court judge (who is qualified to be an SC judge) as a temporary (‘ad hoc’) judge in the Supreme Court. This requires the President’s prior consent and consultation with the Chief Justice of the relevant High Court.
  • Example: If several Supreme Court judges are unavailable due to illness, and a Constitution Bench (requiring 5 judges) cannot be formed, the CJI might request a senior High Court judge to sit as an ad hoc judge for a specific period or case.
• Clause (2):
  • Original Text: “It shall be the duty of the Judge… so designated… to attend the sittings of the Supreme Court…, 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.”
  • Simple Explanation: The High Court judge appointed as an ad hoc judge must prioritize attending the Supreme Court. While serving there, they have all the powers and responsibilities of a regular Supreme Court judge.
  • Example: The ad hoc judge participates fully in hearings, asks questions, and contributes to the judgment just like other Supreme Court judges on the bench.

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

• Original Text: “…the Chief Justice of India may… with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court [or… a High Court and is duly qualified…] to sit and act as a Judge of the Supreme Court…: Provided that nothing… shall be deemed to require any such person… to sit and act… unless he consents…” (Note: High Court judge inclusion added by 15th Amendment, 1963).
• Simple Explanation: The CJI, with the President’s consent, can request a retired judge (of the Supreme Court, the pre-Constitution Federal Court, or even a retired High Court judge qualified for SC appointment) to temporarily sit and act as a Supreme Court judge.
  • The retired judge must consent to do so.
  • While acting, they get allowances determined by the President and have all the powers of an SC judge but aren’t considered a full-fledged judge otherwise (e.g., for quorum counts).
• Example: To help clear a backlog of cases, the CJI might request a retired, respected Supreme Court judge to come back and preside over certain benches for a few months, provided the judge agrees and the President consents.

Article 129: Supreme Court to be a court of record

• Original Text: “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.”
• Simple Explanation: Declares the Supreme Court a ‘Court of Record’. This has two main implications:
  1. Records are evidence: Its judgments, proceedings, and acts are recorded for perpetual memory and testimony. These records have evidentiary value and cannot be questioned in any lower court.
  2. Power to punish for contempt: It has the inherent power to punish individuals for ‘contempt of court’, which includes disobeying its orders, scandalizing the court, or interfering with the administration of justice.
• Example: If someone refuses to follow a direct order of the Supreme Court, the Court can initiate contempt proceedings against them and impose punishment (like fines or imprisonment). Its past judgments are cited as binding precedents in High Courts and lower courts.

Article 130: Seat of Supreme Court

• Original Text: “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.”
• Simple Explanation: The permanent seat (main location) of the Supreme Court is Delhi. However, the Chief Justice of India, with the President’s approval, can designate other places in India for the Supreme Court to hold sittings (e.g., regional benches). (Though this power exists, it has not generally been used to establish permanent benches outside Delhi).
• Example: While the Supreme Court primarily functions from Delhi, theoretically, the CJI could, with Presidential approval, decide to hold specific hearings or establish a temporary bench in another city like Chennai or Kolkata if deemed necessary.

Article 131: Original jurisdiction of the Supreme Court

• Main Provision:
  • Original Text: “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 or 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:”
  • Simple Explanation: Defines the Original Jurisdiction of the Supreme Court – cases that can start directly in the Supreme Court, bypassing lower courts. This exclusive power applies to disputes:
    • (a) Between the Central Government and one or more State Governments.
    • (b) Between the Central Government and one or more States on one side, versus one or more other States on the other side.
    • (c) Between two or more State Governments.
  • Condition: The dispute must involve a question of law or fact regarding the existence or scope of a legal right. Political disputes or disagreements without a legal basis are not covered.
  • Example:
    • (a) The State of West Bengal files a suit directly in the Supreme Court against the Central Government challenging the constitutionality of a law that affects its legal rights.
    • (c) The State of Karnataka and the State of Tamil Nadu have a dispute over the sharing of Cauvery river water, involving their legal rights to the water. This case is heard directly by the Supreme Court.
• Proviso: (Note: Substituted by 7th Amendment, 1956).
  • Original Text: “Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation…, or which provides that the said jurisdiction shall not extend to such a dispute.”
  • Simple Explanation: Excludes certain disputes from the Supreme Court’s original jurisdiction: those arising from pre-Constitution treaties, agreements, etc., involving former Indian Princely States, if the agreement either continues to be in force or explicitly bars such jurisdiction.
  • Example: A dispute based solely on the interpretation of a financial agreement made between the Dominion of India and the former princely state of Mysore before 1950 might be excluded from the SC’s original jurisdiction if the agreement itself prevents it or if it falls under specific exclusions. (Note: Disputes under Article 131 proviso can potentially be referred to the SC by the President under Article 143(2) for an opinion).
• Article 131A: [Repealed]
  • Note: This article, which gave the Supreme Court exclusive jurisdiction regarding the constitutional validity of Central laws, was inserted by the 42nd Amendment (1976) and quickly repealed by the 43rd Amendment (1977). High Courts now also have the power to review the constitutionality of Central laws under Article 226.

Article 132: Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases

• Clause (1):
  • Original Text: “An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court…, 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.” (Note: Certification phrase modified by 44th Amendment, 1978).
  • Simple Explanation: Allows appeals to the Supreme Court from any High Court decision (final judgment, decree, or order in civil, criminal, or other cases) if the High Court certifies (under the procedure in Art 134A) that the case involves a “substantial question of law regarding the interpretation of the Constitution”. This is the SC’s Constitutional Appellate Jurisdiction.
  • Example: A High Court decides a case regarding freedom of speech restrictions. If the High Court believes its interpretation of Article 19 involves a significant constitutional question, it can grant a certificate allowing the parties to appeal to the Supreme Court.
• Clause (2): [Omitted by 44th Amendment, 1978]
  • Note: This clause previously allowed the Supreme Court to grant special leave for appeal in constitutional cases even if the High Court refused a certificate. This power is now covered more broadly under Article 136.
• Clause (3):
  • Original Text: “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…” (Note: Certain words omitted by 44th Amendment, 1978).
  • Simple Explanation: If the High Court grants the certificate, any party to the case can appeal to the Supreme Court, arguing that the High Court’s decision on the constitutional question was incorrect. The appeal can also cover other issues in the case once the constitutional question is admitted.
  • Example: After the High Court grants a certificate in the freedom of speech case, the losing party appeals to the SC arguing the HC misinterpreted Article 19. They can also raise other non-constitutional legal errors in the HC judgment during the SC appeal.
• Explanation:
  • Original Text: “…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.”
  • Simple Explanation: Clarifies that a ‘final order’ isn’t just the ultimate end judgment. It can also be an order deciding a crucial preliminary issue that, if decided differently, would have concluded the case.
  • Example: A High Court rejects a preliminary objection that a case is barred by limitation. This order might be considered ‘final’ for appeal purposes under this article if upholding the objection would have dismissed the case entirely.

Article 133: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

• Clause (1): (Note: Substituted by 30th Amendment, 1972; certification phrase modified by 44th Amendment, 1978).
  • Original Text: “An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court… [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.”
  • Simple Explanation: Governs appeals to the Supreme Court in civil cases. An appeal is possible only if the High Court certifies (under Art 134A) both of the following:
    • (a) The case involves a “substantial question of law of general importance” (i.e., not just affecting the parties, but potentially many others, and involving a significant legal principle).
    • (b) The High Court believes this important question needs to be settled by the Supreme Court (e.g., because there are conflicting HC judgments, or the point is novel and significant).
  • (Prior to the 30th Amendment, the value of the dispute was also a major criterion, which is no longer the case).
  • Example: Two different High Courts have given conflicting rulings on the interpretation of a specific provision in the Contract Act affecting many businesses. A third High Court follows one view but certifies the case for appeal to the SC under Article 133 because the legal question is substantial, generally important, and needs an authoritative ruling from the apex court.
• Clause (2):
  • Original Text: “Notwithstanding anything in article 132, any party appealing… under clause (1) may urge as one of the grounds… that a substantial question of law as to the interpretation of this Constitution has been wrongly decided.”
  • Simple Explanation: Even if the appeal is primarily admitted on civil law grounds under Article 133(1), the appellant can still raise arguments about constitutional interpretation issues that might have been wrongly decided by the High Court in the same case.
  • Example: In the Contract Act interpretation case above, if the High Court also made a ruling touching upon Article 14 (Equality) which the appellant believes is wrong, they can argue this constitutional point in their SC appeal alongside the Contract Act issue.
• Clause (3):
  • Original Text: “Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.”
  • Simple Explanation: Generally, there is no direct appeal to the Supreme Court from a decision made by a single judge of a High Court in a civil case. Usually, the appeal route from a single judge lies first to a larger bench (Division Bench) within the same High Court (known as Letters Patent Appeal or Intra-Court Appeal), unless Parliament makes a specific law allowing direct appeal.
  • Example: A single judge of the Madras High Court decides a civil suit. The losing party typically cannot appeal directly to the Supreme Court under Article 133. They would usually appeal first to a Division Bench of the Madras High Court.

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

• Clause (1):
  • Original Text: “An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court… if the High Court— (a) has on appeal reversed an order of acquittal… and sentenced him to death; or (b) has withdrawn for trial before itself any case from any court subordinate… and has in such trial convicted the accused… and sentenced him to death; or (c) [certifies under article 134A] that the case is a fit one for appeal…: Provided that an appeal under sub-clause (c) shall lie subject to… rules [under Art 145]… and… conditions as the High Court may establish…” (Note: Certification phrase modified by 44th Amendment, 1978).
  • Simple Explanation: Governs appeals to the Supreme Court in criminal cases. An appeal lies automatically (as a matter of right) in two specific scenarios involving the death penalty:
    • (a) High Court reverses an acquittal by a lower court and sentences the accused to death.
    • (b) High Court takes over a case from a lower court, tries it itself, and sentences the accused to death.
  • An appeal also lies in other criminal cases if:
    • (c) The High Court certifies (under Art 134A) that the case is “fit for appeal” to the Supreme Court (e.g., involves a significant legal error or question). This appeal is subject to SC rules and any conditions imposed by the HC.
  • Example:
    • (a) Trial court acquits A. State appeals to High Court. High Court convicts A and imposes the death penalty. A has an automatic right to appeal to the Supreme Court.
    • (c) High Court convicts B in a complex fraud case, imposing a long prison sentence. B applies for a certificate of fitness. The High Court grants it, believing a novel point of criminal law interpretation needs SC consideration. B can now appeal.
• Clause (2):
  • Original Text: “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… subject to such conditions… as may be specified…”
  • Simple Explanation: Parliament can pass laws to grant the Supreme Court wider powers to hear criminal appeals from High Courts, beyond the scope defined in Clause (1).
  • Example: Parliament could potentially legislate to allow appeals in cases involving life imprisonment under certain specific conditions, even without High Court certification.

Article 134A: Certificate for appeal to the Supreme Court (Note: Inserted by 44th Amendment, 1978).

• Original Text: “Every High Court, passing… [decision] referred to in clause (1) of article 132 or… 133 or… 134,— (a) may, if it deems fit…, on its own motion; and (b) shall, if an oral application is made… by… the party aggrieved, immediately after the passing… [decision], determine… whether a certificate of the nature referred to… may be given…”
• Simple Explanation: Specifies the procedure for obtaining the certificate required for appeals under Articles 132, 133, and 134(1)(c):
  • (a) Suo Motu: The High Court can decide to grant the certificate on its own initiative if it feels the case warrants it.
  • (b) On Application: If the aggrieved party makes an oral application for the certificate immediately after the judgment is delivered, the High Court must consider and decide whether to grant the certificate or not, ideally soon after.
• Purpose: Streamlines the process by requiring the application to be made immediately, allowing the bench that heard the case to decide on the certificate quickly.
• Example: After the High Court delivers its judgment in a civil case, the lawyer for the losing party immediately stands up and makes an oral request for a certificate under Article 134A for appeal to the Supreme Court under Article 133. The High Court bench must then consider if the criteria (substantial question of law of general importance needing SC decision) are met.

Article 135: Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

• Original Text: “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… were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.”
• Simple Explanation: This is a transitional provision. It ensures that any jurisdiction the Federal Court (the highest court before the Supreme Court) had before the Constitution started, which might not be covered under the new Articles 133 & 134, would be inherited by the Supreme Court, unless Parliament legislates otherwise. This mainly applied to cases initiated under the old legal framework.
• Example: If, under a pre-Constitution law, an appeal in a specific type of civil case could go to the Federal Court, but this type didn’t neatly fit the criteria of Article 133, Article 135 allowed the Supreme Court to hear such appeals initially.

Article 136: Special leave to appeal by the Supreme Court

• Clause (1):
  • Original Text: “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.”
  • Simple Explanation: Grants the Supreme Court extraordinary discretionary power to allow an appeal against any decision (judgment, order, etc.) from any court or tribunal in India, even if no appeal is available under other articles (like 132, 133, 134). This is known as Special Leave Petition (SLP) jurisdiction.
    • Discretionary: The SC is not obliged to grant leave; it does so only in exceptional cases involving substantial questions of law, gross injustice, or matters of public importance.
    • Wide Scope: Applies to civil, criminal, constitutional, tax, labour, etc., matters from virtually any judicial or quasi-judicial body.
  • Example: A High Court refuses to grant a certificate for appeal under Article 133. The aggrieved party can still approach the Supreme Court by filing an SLP under Article 136. If the SC finds merit, it grants ‘leave’, and the case proceeds as an appeal. The SC might also grant leave against an order of a specialised tribunal (like NCLAT or NGT) if a significant legal issue arises.
• Clause (2):
  • Original Text: “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.”
  • Simple Explanation: Explicitly excludes decisions of military courts or tribunals (like court-martials) established under laws related to the Armed Forces from the purview of Article 136. The SC cannot grant special leave to appeal against their orders.
  • Example: The Supreme Court cannot entertain an SLP challenging a conviction and sentence passed by a General Court Martial under the Army Act.

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

• Original Text: “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.”
• Simple Explanation: The Supreme Court has the power to review its own judgments or orders. This power is subject to laws made by Parliament (though none exist specifically restricting it) and the SC’s own procedural rules (made under Art 145). Rule XLVII of the Supreme Court Rules allows review mainly on grounds of discovery of new important evidence, mistake or error apparent on the face of the record, or any other sufficient reason. Review petitions are usually heard by the same bench (if available) in chambers.
• Example: After the SC delivers a final judgment, a party finds a critical piece of evidence they couldn’t produce earlier despite due diligence, or identifies a clear error in the judgment’s reasoning. They can file a Review Petition asking the Court to reconsider its decision.

Article 138: Enlargement of the jurisdiction of the Supreme Court

• Clause (1):
  • Original Text: “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.”
  • Simple Explanation: Parliament can pass a law to give the Supreme Court additional jurisdiction related to any subject mentioned in the Union List (List I of the Seventh Schedule).
  • Example: If Parliament creates a new regulatory body dealing with a Union List subject (like atomic energy), it can pass a law specifying that appeals from this body’s decisions will lie directly with the Supreme Court, thus enlarging its jurisdiction.
• Clause (2):
  • Original Text: “The Supreme Court shall have such further jurisdiction and powers… 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…”
  • Simple Explanation: The Supreme Court can also get additional jurisdiction through a special agreement between the Central Government and a State Government, but only if Parliament passes a law enabling the SC to exercise jurisdiction based on such agreements.
  • Example: The Centre and a State might agree to refer a specific type of inter-governmental dispute (not covered under Art 131) to the SC. This requires a parliamentary law authorizing the SC to take up cases arising from such agreements.

Article 139: Conferment on the Supreme Court of powers to issue certain writs

• Original Text: “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.”
• Simple Explanation: Article 32 already gives the Supreme Court power to issue writs (Habeas Corpus, Mandamus, etc.) for the enforcement of Fundamental Rights. This article (139) allows Parliament to pass a law empowering the Supreme Court to issue these same writs for other purposes as well (e.g., enforcing legal rights not amounting to fundamental rights, or for other specific objectives defined by Parliament). (Note: Parliament has not enacted a general law conferring such broad additional writ jurisdiction on the SC; High Courts exercise this power for ‘any other purpose’ under Article 226).
• Example: Theoretically, Parliament could pass a law allowing citizens to directly approach the SC with a writ petition seeking Mandamus against a public authority for non-performance of a statutory duty, even if no Fundamental Right is violated.

Article 139A: Transfer of certain cases (Note: Inserted by 42nd Amendment, 1976; Clause (1) substituted by 44th Amendment, 1978).

• Clause (1):
  • Original Text: “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… that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court… and dispose of all the cases itself: Provided that the Supreme Court may after determining the said questions… return any case… to the High Court…”
  • Simple Explanation: Allows the Supreme Court to transfer cases to itself from High Courts if:
    • Cases involving the same or very similar significant legal questions are pending in the SC and one or more HCs, OR in two or more HCs.
    • The SC believes these are “substantial questions of general importance”.
  • The SC can then decide all these cases itself. Alternatively, it can just decide the common legal question and send the individual cases back to the respective High Courts for final disposal based on the SC’s ruling on the legal point. This transfer can happen on the SC’s own motion, or on application by the Attorney-General or a party.
  • Example: Several petitions challenging the validity of a new tax law are filed in different High Courts across India, and maybe one directly in the SC. To ensure consistency and avoid conflicting judgments, the SC can withdraw all HC cases to itself and deliver a single, authoritative judgment.
• Clause (2):
  • Original Text: “The Supreme Court may, if it deems it expedient… for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.”
  • Simple Explanation: Gives the Supreme Court the power to transfer a case from one High Court to another High Court if it believes doing so is necessary for justice (e.g., to ensure a fair trial, for convenience of parties, etc.).
  • Example: An accused person in a high-profile criminal case pending in a High Court argues that local prejudice makes a fair trial impossible there. They can petition the Supreme Court under this clause to transfer the case to a different High Court.

Article 140: Ancillary powers of Supreme Court

• Original Text: “Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with… this Constitution as may appear… necessary or desirable for… enabling the Court more effectively to exercise the jurisdiction conferred upon it…”
• Simple Explanation: Parliament can pass laws granting the Supreme Court additional (‘supplemental’ or ‘ancillary’) powers, as long as they don’t contradict the Constitution, to help the Court exercise its existing jurisdiction more effectively.
• Example: Parliament could potentially legislate to give the SC specific powers related to evidence gathering or enforcement mechanisms needed to better handle complex cases falling within its existing original or appellate jurisdiction.

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

• Original Text: “The law declared by the Supreme Court shall be binding on all courts within the territory of India.”
• Simple Explanation: This establishes the crucial principle of Judicial Precedent in India. Once the Supreme Court makes a decision interpreting a law or the Constitution, that interpretation becomes the law of the land, and every other court in India (High Courts, District Courts, tribunals, etc.) must follow it.
• Example: The Supreme Court rules that “Right to Privacy” is a fundamental right under Article 21. All High Courts and lower courts must respect and apply this ruling in every related case thereafter, even if they personally disagree with the interpretation.

Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

• Clause (1):
  • Original Text: “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…”
  • Simple Explanation: This grants the Supreme Court extraordinary power to pass any order necessary to deliver “complete justice” in a case, even if such an order falls outside the specific provisions of existing laws. The order is legally enforceable throughout the entire country.
  • Example: In a matrimonial dispute involving property and child custody spread across multiple states, the SC, feeling that existing law falls short, uses this power to pass a unique, comprehensive order that addresses all facets of the dispute, overriding conventional legal restrictions to ensure ultimate fairness for the parties involved.
• Clause (2):
  • Original Text: “Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall… 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.”
  • Simple Explanation: Grants the Supreme Court inherent powers essential for conducting its proceedings effectively, such as the authority to:
    • Force any person to appear in court.
    • Demand the production of any relevant documents.
    • Initiate investigations or punish contempt of court.
  • Example: When investigating a complex scam, the SC can directly order the CEO of a company residing in Chennai to appear before it in Delhi and produce all relevant financial ledgers, ensuring the judicial process is not hampered.

Article 143: Power of President to consult Supreme Court

• Clause (1):
  • Original Text: “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… report to the President its opinion thereon.”
  • Simple Explanation: Confers Advisory Jurisdiction on the Supreme Court. The President (on the advice of the Cabinet) can ask the SC for its opinion on a legal or factual question that is important for the public interest. The Court may (is not obliged to) hear the matter and give its opinion. The opinion is not legally binding on the President or the government.
  • Example: Before signing a new international treaty, the President, on the government’s recommendation, refers the treaty’s terms to the SC to check if they violate any provision of the Constitution. The SC provides its opinion on the matter.
• Clause (2):
  • Original Text: “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… report to the President its opinion thereon.”
  • Simple Explanation: Specifically allows the President to seek the SC’s opinion on pre-Constitution disputes (involving former princely states, treaties, etc.) which were originally excluded from the SC’s Original Jurisdiction under the Proviso to Article 131. In this case, the SC is obligated to give its opinion.
  • Example: The Central Government seeks the SC’s advisory opinion regarding a land settlement dispute that originated from a treaty signed before 1950 with a princely state; the SC must hear the reference and give its opinion.

Article 144: Civil and judicial authorities to act in aid of the Supreme Court

• Original Text: “All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.”
• Simple Explanation: Every civil authority (government bodies, police, public officials) and every judicial authority (lower courts, tribunals) across India must actively cooperate and support the Supreme Court in the execution of its business and the enforcement of its orders.
• Example: If the Supreme Court issues a direction to a State Chief Secretary, or orders the police to protect certain property, all state machinery must treat the Supreme Court’s order as paramount and assist in its implementation.

Article 144A: Special provisions as to disposal of questions relating to constitutional validity of laws [Repealed]

• Note: This article was inserted by the 42nd Amendment (1976) and repealed by the 43rd Amendment (1977). It previously mandated a special majority of judges to decide constitutional validity questions.

CHAPTER V – COMPTROLLER AND AUDITOR-GENERAL OF INDIA

Article 145: Rules of Court, etc.

• Clause (1):
  • Original Text: “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—”
  • Simple Explanation: Grants the Supreme Court the authority to make its own rules to govern its procedures, provided these rules are approved by the President and do not violate any law made by Parliament. This covers several specific areas:
    • (a) Rules as to the persons practising before the Court: Rules for who can practice law before the Supreme Court (e.g., advocates-on-record).
      • Example: The rule requiring an Advocate-on-Record (AOR) examination before a lawyer can file cases independently before the SC.
    • (b) Rules as to the procedure for hearing appeals…: Rules detailing how appeals are filed, timelines, and how appeal hearings are managed.
      • Example: Rules prescribing the deadline for filing an appeal after a High Court judgment.
    • (c) Rules as to the proceedings… for the enforcement of any of the rights conferred by Part III: Rules for handling writ petitions filed under Article 32 to enforce Fundamental Rights.
      • Example: Rules on how a Habeas Corpus petition must be filed and heard immediately.
    • (cc) Rules as to the proceedings in the Court under [article 139A]: Rules for processing and disposing of transfer petitions (transfer of cases from High Courts to SC or another HC). (Note: Inserted by 42nd and substituted by 43rd Amendments).
      • Example: Rules specifying the format and requirements for filing a Transfer Petition under Article 139A.
    • (d) Rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134: Rules governing appeals in criminal cases where the High Court certifies the case as “fit for appeal.”
      • Example: Rules requiring certain documents to be submitted along with a criminal appeal filed under an HC certificate.
    • (e) Rules as to the conditions subject to which any judgment… may be reviewed and the procedure for such review…: Rules detailing the process and grounds for filing a Review Petition against an SC judgment (Article 137).
      • Example: Rules stating that a review petition must be filed within 30 days of the judgment and specifying the permissible grounds for review (e.g., error apparent on the face of the record).
    • (f) Rules as to the costs… and as to the fees to be charged…: Rules establishing the fees for filing documents and proceedings, and awarding legal costs.
      • Example: A rule prescribing the fixed fee for filing a Special Leave Petition (SLP).
    • (g) Rules as to the granting of bail: Rules regarding the procedure for hearing and granting bail applications.
      • Example: Rules on how a bail application must be submitted and scheduled for urgent hearing.
    • (h) Rules as to stay of proceedings: Rules governing how and when the Court can order a stay (temporary halt) on proceedings in other courts.
      • Example: Rules setting the conditions for granting an ex parte stay of a lower court order.
    • (i) Rules providing for the summary determination of any appeal which appears… to be frivolous or vexatious or brought for the purpose of delay: Rules allowing the Court to quickly dismiss appeals that are pointless, annoying, or clearly filed only to waste time.
      • Example: An SC rule permitting a bench to dismiss an SLP in the first hearing if it lacks any substantial legal question and seems to be a delay tactic.
    • (j) Rules as to the procedure for inquiries referred to in clause (1) of article 317: Rules regarding the procedure when the President refers a matter concerning the removal of a Public Service Commission member to the SC for inquiry.
      • Example: Rules governing the collection of evidence and cross-examination in an inquiry into the misconduct of a UPSC member.
• Clause (2):
  • Original Text: “Subject to… 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.”
  • Simple Explanation: The SC Rules can specify the minimum number of judges (a quorum) needed for different types of cases, and define the powers of a single judge bench (Single Court) versus a two or more judge bench (Division Court).
  • Example: An SC rule might specify that routine bail matters can be heard by a single judge, but an appeal involving a complex legal dispute must be heard by a Division Bench (two or three judges).
• Clause (3):
  • Original Text: “…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… the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution… such Court shall refer the question for opinion to a Court constituted as required by this clause…”
  • Simple Explanation:
    • Mandatory Bench Strength: Any case involving the interpretation of the Constitution (a “substantial question of law”) or any Advisory Reference from the President (Art 143) must be heard by a bench of at least five Judges (a Constitution Bench).
    • Proviso (Referral): If a smaller bench (e.g., three judges) is hearing an appeal (other than one automatically related to Art 132), and during the hearing, they realize it involves a major constitutional question, they must temporarily stop the proceedings and refer that specific constitutional question to a five-judge Constitution Bench for an opinion. Once the opinion is received, the smaller bench can finish the original appeal in conformity with the opinion.
  • Example: A three-judge bench hearing a civil appeal realizes the case hinges on defining the scope of “reasonable restrictions” under Article 19. They immediately refer this specific question to a five-judge Constitution Bench for determination.
• Clause (4):
  • Original Text: “No judgment 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.”
  • Simple Explanation: All final judgments and all advisory opinions given to the President must be announced and delivered publicly in the courtroom. There are no “secret” judgments.
  • Example: The Chief Justice reads out the operative part of a final judgment or advisory opinion, and the full text is then made public.
• Clause (5):
  • Original Text: “No judgment and no such opinion shall be delivered… save with the concurrence of a majority of the Judges present at the hearing… but nothing… shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion.”
  • Simple Explanation: The final decision (judgment or advisory opinion) must be supported by a majority of the judges on the bench. However, any judge who disagrees with the majority opinion has the full right to write and deliver a separate dissenting judgment (or dissenting opinion in an advisory case).
  • Example: In a nine-judge bench case, if six judges agree on the verdict and three disagree, the majority judgment is the binding one, but the three judges can publish their separate, reasoned dissenting judgments.

Article 146: Officers and servants and the expenses of the Supreme Court

• Clause (1):
  • Original Text: “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… save after consultation with the Union Public Service Commission.”
  • Simple Explanation: The Chief Justice of India (CJI), or an officer delegated by the CJI, controls the appointment of all staff and officers of the Supreme Court Secretariat. This ensures independence from the Executive.
  • Proviso: For certain specified high-level positions, the President can make a rule requiring that the appointment of new candidates (not currently working for the court) must be made only after consulting the Union Public Service Commission (UPSC).
  • Example: The CJI appoints a new Registrar General. The President may have a rule requiring the CJI to consult the UPSC before appointing a new candidate to this top post.
• Clause (2):
  • Original Text: “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…: 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.”
  • Simple Explanation: The service conditions (like job rules, promotions, etc.) for Supreme Court staff are determined by rules made by the CJI.
  • Proviso: Rules regarding the financial aspects (salaries, allowances, leave, and pensions) of the staff must be approved by the President (Executive) before taking effect. This balances judicial independence with executive financial oversight.
  • Example: The CJI makes a rule about promotion criteria for court clerks. That rule does not need Presidential approval. However, if the CJI makes a rule to increase the dearness allowance for the staff, it must be sent to the President for approval.
• Clause (3):
  • Original Text: “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.”
  • Simple Explanation: All the operational costs and staff expenses of the Supreme Court (salaries, pensions, etc.) are Charged Expenditure (meaning Parliament can discuss but not vote on the amounts, ensuring financial independence) and are paid out of the Consolidated Fund of India (CFI). Any money the court collects (e.g., filing fees) goes back into the CFI.
  • Example: The money required for the SC’s electricity bills and staff salaries is paid automatically from the CFI as ‘Charged Expenditure’.

Article 147: Interpretation

• Original Text: “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… or of the Indian Independence Act, 1947…”
• Simple Explanation: Clarifies that whenever the Supreme Court (under Part V, Chapter IV) or the High Courts (under Part VI, Chapter V) deal with a “substantial question of law as to the interpretation of the Constitution” (like Articles 132, 133, 226 etc.), that power also extends to interpreting the key pre-Independence statutes (like the Government of India Act, 1935, and the Indian Independence Act, 1947). This provided continuity for resolving pending legal issues inherited from the old legal order.
• Example: If a long-pending case hinges on interpreting a provision of the 1935 Act, the Supreme Court’s authority to interpret this old law is secured by this article, allowing the final resolution of the matter.

CHAPTER V – COMPTROLLER AND AUDITOR-GENERAL OF INDIA

Article 148: Comptroller and Auditor-General of India

• Clause (1):
  • Original Text: “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.”
  • Simple Explanation: Establishes the office of the Comptroller and Auditor-General (CAG) of India. The CAG is appointed by the President and is the head of the Indian Audit and Accounts Department. Crucially, the CAG’s removal procedure is as difficult as that of a Supreme Court Judge (impeachment by both Houses of Parliament), ensuring independence from the Executive.
  • Example: The CAG audits the government’s accounts and reports any misuse of funds. The CAG’s job independence is secured by requiring Parliament’s super-majority approval for their removal.
• Clause (2):
  • Original Text: “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… in the Third Schedule.”
  • Simple Explanation: The CAG must take a formal oath before the President (or an appointed representative) before assuming office, similar to the President and SC Judges. This underscores the seriousness of the office.
  • Example: A newly appointed CAG takes an oath before the President to faithfully, diligently, and impartially perform their duties under the Constitution.
• Clause (3):
  • Original Text: “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… nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment.”
  • Simple Explanation: Parliament sets the salary and service conditions for the CAG.
  • Proviso (Crucial): Once appointed, the CAG’s salary, allowances, and rights regarding leave, pension, and retirement age cannot be changed to their disadvantage. This is another provision designed to protect the CAG’s financial independence from the government being audited.
  • Example: If Parliament passes a general law reducing the pension of new central government recruits, this reduction cannot be applied to the CAG already in office.
• Clause (4):
  • Original Text: “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.”
  • Simple Explanation: A former CAG cannot take up any further employment under either the Central Government or any State Government after demitting office. This rule is designed to ensure that the CAG acts impartially, without the possibility of being rewarded with a lucrative post by the executive they are supposed to audit.
  • Example: After retiring, a CAG cannot be appointed as a Governor or a head of any central Public Sector Undertaking (PSU).
• Clause (5):
  • Original Text: “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.”
  • Simple Explanation: Rules for the service conditions of the staff of the Indian Audit and Accounts Department (who work under the CAG) are made by the President, but only after consulting the CAG. The administrative powers of the CAG are also governed by these rules, subject to any law passed by Parliament.
  • Example: The President finalizes the rules for recruitment of Indian Audit and Accounts Service (IAAS) officers after incorporating suggestions from the CAG.
• Clause (6):
  • Original Text: “The administrative expenses of the office of the Comptroller and Auditor-General… shall be charged upon the Consolidated Fund of India.”
  • Simple Explanation: The operational expenses, including all salaries and pensions for the CAG’s office, are Charged Expenditure on the Consolidated Fund of India. Like the Supreme Court’s expenses, this shields the CAG’s administrative funding from the annual vote of Parliament, protecting its operational independence.
  • Example: The budget allocation for the CAG’s office staff and maintenance is debated but not subject to a vote, preventing the Executive from holding the CAG “hostage” by threatening to cut funds.

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

• Original Text: “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… 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…”
• Simple Explanation: Parliament has the power to define the specific duties and powers of the CAG regarding the accounts of the Central Government, State Governments, and any other public authority or body. Until Parliament passes such a law, the CAG continues to perform the same duties and exercise the same powers as the Auditor-General did before the Constitution started.
• Example: Parliament passed the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971, which precisely defines the CAG’s duties, including the audit of all government ministries, PSUs, and certain non-profit bodies substantially funded by the government.

Article 150: Form of accounts of the Union and of the States (Note: Substituted by 42nd Amendment, 1976 and 44th Amendment, 1978).

• Original Text: “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.” (Note: The phrase “on the advice of” was substituted for “after consultation with” by the 44th Amendment, 1978).
• Simple Explanation: Specifies that the accounting format used by the Central Government and all State Governments must be decided by the President, but the President must act on the advice of the CAG. This gives the CAG the authority to define how the government records its financial transactions, which is crucial for subsequent auditing.
• Example: If the CAG advises the President that, for better transparency, the accounts should be separated into specific revenue and capital components in a new digital format, the President is bound to prescribe the accounts in that new format.

Article 151: Audit reports

• Clause (1):
  • Original Text: “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.”
  • Simple Explanation: The Comptroller and Auditor-General (CAG) prepares reports on the central government’s spending and accounts. These reports are given to the President, and the President is responsible for ensuring they are formally presented to both the Lok Sabha and the Rajya Sabha.
  • Example: After completing the audit of the Railway Ministry’s accounts, the CAG submits the report to the President. The President then ensures the report is tabled in Parliament for discussion, typically by the Finance Minister, where it is scrutinized by the Public Accounts Committee.
• Clause (2):
  • Original Text: “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.”
  • Simple Explanation: The CAG’s reports concerning a State’s accounts and spending are submitted to the Governor. The Governor is responsible for having these reports formally presented to the State Legislature (State Assembly, and Legislative Council where applicable).
  • Example: The CAG submits the audit report on the State of Maharashtra’s public works to the Governor of Maharashtra. The Governor ensures the report is presented to the Maharashtra Legislative Assembly for review and action.