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PART05.txt
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PART V
THE UNION
CHAPTER I.—THE EXECUTIVE
The President and Vice-President
52. The President of India.—There shall be a President of India.
53. Executive power of the Union.—(1) The executive power of the Union
shall be vested in the President and shall be exercised by him either directly o
r
through officers subordinate to him in accordance with this Constitution.
(2) Without prejudice to the generality of the foregoing provision, the
supreme command of the Defence Forces of the Union shall be vested in the
President and the exercise thereof shall be regulated by law.
(3) Nothing in this article shall—
(a) be deemed to transfer to the President any functions conferred
by any existing law on the Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on
authorities other than the President.
54. Election of President.—The President shall be elected by the
members of an electoral college consisting of—
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.
Explanation.—In this article and in article 55, “State” includes the
National Capital Territory of Delhi and the Union territory of *Pondicherry.
55. Manner of election of President.—(1) As far as practicable, there
shall be uniformity in the scale of representation of the different States at th
e
election of the President.
(2) For the purpose of securing such uniformity among the States inter se
as well as parity between the States as a whole and the Union, the number of
votes which each elected member of Parliament and of the Legislative
Assembly of each State is entitled to cast at such election shall be determined
in
the following manner:—
(a) every elected member of the Legislative Assembly of a State shall
have as many votes as there are multiples of one thousand in the quotient
obtained by dividing the population of the State by the total number of
the elected members of the Assembly;
______________________________________________
* Now Puducherry vide the Pondicherry (Alteration of Name) Act, 2006, s.3 (w.e.f
. 1-10-2006).
23
24
THE CONSTITUTION OF INDIA
(b) if, after taking the said multiples of one thousand, the remainder is
not less than five hundred, then the vote of each member referred to in
sub-clause (a) shall be further increased by one;
(c) each elected member of either House of Parliament shall have
such number of votes as may be obtained by dividing the total number of
votes assigned to the members of the Legislative Assemblies of the
States under sub-clauses (a) and (b) by the total number of the elected
members of both Houses of Parliament, fractions exceeding one-half
being counted as one and other fractions being disregarded.
(3) The election of the President shall be held in accordance with the
system of proportional representation by means of the single transferable vote
and the voting at such election shall be by secret ballot.
Explanation.—In this article, the expression “population” means the
population as ascertained at the last preceding census of which the relevant
figures have been published:
Provided that the reference in this Explanation to the last preceding
census of which the relevant figures have been published shall, until the
relevant figures for the first census taken after the year 2026 have been
published, be construed as a reference to the 1971 census.
56. Term of office of President.—(1) The President shall hold office for
a term of five years from the date on which he enters upon his office:
Provided that—
(a) the President may, by writing under his hand addressed to the
Vice-President, resign his office;
(b) the President may, for violation of the Constitution, be removed
from office by impeachment in the manner provided in article 61;
(c) the President shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
(2) Any resignation addressed to the Vice-President under clause (a) of
the proviso to clause (1) shall forthwith be communicated by him to the
Speaker of the House of the People.
57. Eligibility for re-election.—A person who holds, or who has held,
office as President shall, subject to the other provisions of this Constitution,
be
eligible for re-election to that office.
25
THE CONSTITUTION OF INDIA
58. Qualifications for election as President.—(1) No person shall be
eligible for election as President unless he—
(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he holds
any office of profit under the Government of India or the Government of any
State or under any local or other authority subject to the control of any of the
said Governments.
Explanation.—For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the President or
Vice-President of the Union or the Governor of any State or is a Minister either
for the Union or for any State.
59. Conditions of President's office.—(1) The President shall not be a
member of either House of Parliament or of a House of the Legislature of any
State, and if a member of either House of Parliament or of a House of the
Legislature of any State be elected President, he shall be deemed to have
vacated his seat in that House on the date on which he enters upon his office as
President.
(2) The President shall not hold any other office of profit.
(3) The President shall be entitled without payment of rent to the use of
his official residences and shall be also entitled to such emoluments,
allowances and privileges as may be determined by Parliament by law and,
until provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.
(4) The emoluments and allowances of the President shall not be
diminished during his term of office.
60. Oath or affirmation by the President.—Every President and every
person acting as President or discharging the functions of the President shall,
before entering upon his office, make and subscribe in the presence of the Chief
Justice of India or, in his absence, the senior-most Judge of the Supreme Court
available, an oath or affirmation in the following form, that is to say—
"I, A.B., do swear in the name of God that I will faithfully execute the office
solemnly affirm
of President (or discharge the functions of the President) of India and will to
the best
of my ability preserve, protect and defend the Constitution and the law and that
I will devote myself to the service and well-being of the people of India.".
26
THE CONSTITUTION OF INDIA
61. Procedure for impeachment of the President.—(1) When a
President is to be impeached for violation of the Constitution, the charge shall
be preferred by either House of Parliament.
(2) No such charge shall be preferred unless—
(a) the proposal to prefer such charge is contained in a resolution
which has been moved after at least fourteen days' notice in writing
signed by not less than one-fourth of the total number of members of the
House has been given of their intention to move the resolution, and
(b) such resolution has been passed by a majority of not less than
two-thirds of the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament,
the other House shall investigate the charge or cause the charge to be
investigated and the President shall have the right to appear and to be
represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority
of not less than two-thirds of the total membership of the House by which the
charge was investigated or caused to be investigated, declaring that the charge
preferred against the President has been sustained, such resolution shall have
the effect of removing the President from his office as from the date on which
the resolution is so passed.
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.—(1) An
election to fill a vacancy caused by the expiration of the term of office of
President shall be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of President occurring by
reason of his death, resignation or removal, or otherwise shall be held as soon
as possible after, and in no case later than six months from, the date of
occurrence of the vacancy; and the person elected to fill the vacancy shall,
subject to the provisions of article 56, be entitled to hold office for the full
term
of five years from the date on which he enters upon his office.
63. The Vice-President of India.—There shall be a Vice-President of India.
64. The Vice-President to be ex officio Chairman of the Council of
States.—The Vice-President shall be ex officio Chairman of the Council of the
States and shall not hold any other office of profit:
Provided that during any period when the Vice-President acts as
President or discharges the functions of the President under article 65, he shal
l
not perform the duties of the office of Chairman of the Council of States and
shall not be entitled to any salary or allowance payable to the Chairman of the
Council of States under article 97.
27
THE CONSTITUTION OF INDIA
65. The Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the absence,
of President.—(1) In the event of the occurrence of any vacancy in the office
of the President by reason of his death, resignation or removal, or otherwise,
the Vice-President shall act as President until the date on which a new
President elected in accordance with the provisions of this Chapter to fill such
vacancy enters upon his office.
(2) When the President is unable to discharge his functions owing to
absence, illness or any other cause, the Vice-President shall discharge his
functions until the date on which the President resumes his duties.
(3) The Vice-President shall, during, and in respect of, the period while
he is so acting as, or discharging the functions of, President, have all the
powers and immunities of the President and be entitled to such emoluments,
allowances and privileges as may be determined by Parliament by law and,
until provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.
66. Election of Vice-President.—(1) The Vice-President shall be
elected by the members of an electoral college consisting of the members of
both Houses of Parliament in accordance with the system of proportional
representation by means of the single transferable vote and the voting at such
election shall be by secret ballot.
(2) The Vice-President shall not be a member of either House of
Parliament or of a House of the Legislature of any State, and if a member of
either House of Parliament or of a House of the Legislature of any State be
elected Vice-President, he shall be deemed to have vacated his seat in that
House on the date on which he enters upon his office as Vice-President.
(3) No person shall be eligible for election as Vice-President unless he—
(a) is a citizen 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.
(4) A person shall not be eligible for election as Vice-President if he
holds any office of profit under the Government of India or the Government of
any State or under any local or other authority subject to the control of any of
the said Governments.
28
THE CONSTITUTION OF INDIA
Explanation.— For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the President or
Vice-President of the Union or the Governor of any State or is a Minister either
for the Union or for any State.
67. Term of office of Vice-President.—The Vice-President shall hold
office for a term of five years from the date on which he enters upon his office
:
Provided that—
(a) a Vice-President may, by writing under his hand addressed to the
President, resign his office;
(b) a Vice-President may be removed from his office by a resolution
of the Council of States passed by a majority of all the then members of
the Council and agreed to by the House of the People; but no resolution
for the purpose of this clause shall be moved unless at least fourteen
days' notice has been given of the intention to move the resolution;
(c) a Vice-President shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
68. Time of holding election to fill vacancy in the office of VicePresident and
the term of office of person elected to fill casual vacancy.—
(1) An election to fill a vacancy caused by the expiration of the term of office
of Vice-President shall be completed before the expiration of the term.
(2) An election to fill a vacancy in the office of Vice-President
occurring by reason of his death, resignation or removal, or otherwise shall be
held as soon as possible after the occurrence of the vacancy, and the person
elected to fill the vacancy shall, subject to the provisions of article 67, be
entitled to hold office for the full term of five years from the date on which h
e
enters upon his office.
69. Oath or affirmation by the Vice-President.—Every VicePresident shall, before
entering upon his office, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or
affirmation in the following form, that is to say—
"I, A.B., do swear in the name of God that I will bear true
faith and
solemnly affirm
allegiance to the Constitution of India as by law established and that I will fa
ithfully
discharge the duty upon which I am about to enter.".
29
THE CONSTITUTION OF INDIA
70. Discharge of President's functions in other contingencies.—
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.
71. Matters relating to, or connected with, the election of a
President or Vice-President.—(1) All doubts and disputes arising out of or in
connection with the election of a President or Vice-President shall be inquired
into and decided by the Supreme Court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared
void by the Supreme Court, acts done by him in the exercise and performance
of the powers and duties of the office of President or Vice-President, as the
case may be, on or before the date of the decision of the Supreme Court shall
not be invalidated by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law
regulate any matter relating to or connected with the election of a President or
Vice-President.
(4) The election of a person as President or Vice-President shall not be
called in question on the ground of the existence of any vacancy for whatever
reason among the members of the electoral college electing him.
72. Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.—(1) The President shall have the
power to grant pardons, reprieves, respites or remissions of punishment or to
suspend, remit or commute the sentence of any 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.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power
conferred by law on any officer of the Armed Forces of the Union to suspend,
remit or commute a sentence passed by a Court Martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to
suspend, remit or commute a sentence of death exercisable by the Governor of a
State under any law for the time being in force.
30
THE CONSTITUTION OF INDIA
73. Extent of executive power of the Union.—(1) Subject to the
provisions of this Constitution, the executive power of the Union shall extend—
(a) to the matters with respect to which Parliament has power to make
laws; and
(b) to the exercise of such rights, authority and jurisdiction as are
exercisable by the Government of India by virtue of any treaty or
agreement:
Provided that the executive power referred to in sub-clause (a) shall not,
save as expressly provided in this Constitution or in any law made by Parliament
,
extend in any State to matters with respect to which the Legislature of the Stat
e
has also power to make laws.
(2) Until otherwise provided by Parliament, a State and any officer or
authority of a State may, notwithstanding anything in this article, continue to
exercise in matters with respect to which Parliament has power to make laws for
that State such executive power or functions as the State or officer or authorit
y
thereof could exercise immediately before the commencement of this
Constitution.
Council of Ministers
74. Council of Ministers to aid and advise President.— (1) There shall
be a Council of Ministers with the Prime Minister at the head to aid and advise
the President who shall, in the exercise of his functions, act in accordance wit
h
such advice:
Provided that the President may require the Council of Ministers to
reconsider such advice, either generally or otherwise, and the President shall a
ct
in accordance with the advice tendered after such reconsideration.
(2) The question whether any, and if so what, advice was tendered by
Ministers to the President shall not be inquired into in any court.
75. Other provisions as to Ministers.—(1) The Prime Minister shall be
appointed by the President and the other Ministers shall be appointed by the
President on the advice of the Prime Minister.
(1A) The total number of Ministers, including the Prime Minister, in the
Council of Ministers shall not exceed fifteen per cent. of the total number of
members of the House of the People.
31
THE CONSTITUTION OF INDIA
(1B) A member of either House of Parliament belonging to any political
party who is disqualified for being a member of that House under paragraph 2 of
the Tenth Schedule shall also be disqualified to be appointed as a Minister unde
r
clause (1) for duration of the period commencing from the date of his
disqualification till the date on which the term of his office as such member
would expire or where he contests any election to either House of Parliament
before the expiry of such period, till the date on which he is declared elected,
whichever is earlier.
(2) The Ministers shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the House
of the People.
(4) Before a Minister enters upon his office, the President shall administer
to him the oaths of office and of secrecy according to the forms set out for the
purpose in the Third Schedule.
(5) A Minister who for any period of six consecutive months is not a
member of either House of Parliament shall at the expiration of that period ceas
e
to be a Minister.
(6) The salaries and allowances of Ministers shall be such as Parliament
may from time to time by law determine and, until Parliament so determines,
shall be as specified in the Second Schedule.
The Attorney-General for India
76. Attorney-General for India.—(1) The President shall appoint a
person who is qualified to be appointed a Judge of the Supreme Court to be
Attorney-General for India.
(2) It shall be the duty of the Attorney-General to give advice to the
Government of India upon such legal matters, and to perform such other duties
of a legal character, as may from time to time be referred or assigned to him by
the President, and to discharge the functions conferred on him by or under this
Constitution or any other law for the time being in force.
(3) In the performance of his duties the Attorney-General shall have
right of audience in all courts in the territory of India.
(4) The Attorney-General shall hold office during the pleasure of the
President, and shall receive such remuneration as the President may determine.
Conduct of Government Business
77. Conduct of business of the Government of India.—(1) All
executive action of the Government of India shall be expressed to be taken in
the name of the President.
32
THE CONSTITUTION OF INDIA
(2) Orders and other instruments made and executed in the name of the
President shall be authenticated in such manner as may be specified in rules 1 t
o
be made by the President, and the validity of an order or instrument which is so
authenticated shall not be called in question on the ground that it is not an or
der
or instrument made or executed by the President.
(3) The President shall make rules for the more convenient transaction
of the business of the Government of India, and for the allocation among
Ministers of the said business.
*
*
*
*
78. Duties of Prime Minister as respects the furnishing of information
to the President, etc.—It shall be the duty of the Prime Minister—
(a) to communicate to the President all decisions of the Council of
Ministers relating to the administration of the affairs of the Union and
proposals for legislation;
(b) to furnish such information relating to the administration of the
affairs of the Union and proposals for legislation as the President may
call for; and
(c) if the President so requires, to submit for the consideration of the
Council of Ministers any matter on which a decision has been taken by a
Minister but which has not been considered by the Council.
CHAPTER II.—PARLIAMENT
General
79. Constitution of Parliament.—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.
80. Composition of the Council of States.—(1) The Council of States
shall consist of—
(a) twelve members to be nominated by the President in accordance
with the provisions of clause (3); and
(b) not more than two hundred and thirty-eight representatives of
the States and of the Union territories.
______________________________________________
1. See Notification No. S. O. 2297, dated the 3rd November, 1958, Gazette of Ind
ia, Extraordinary,
1958, Pt. II, Sec. 3 (ii), p. 1315, as amended from time to time.
33
THE CONSTITUTION OF INDIA
(2) The allocation of seats in the Council of States to be filled by
representatives of the States and of the Union territories shall be in accordanc
e
with the provisions in that behalf contained in the Fourth Schedule.
(3) The members to be nominated by the President under sub-clause (a)
of clause (1) shall consist of persons having special knowledge or practical
experience in respect of such matters as the following, namely:—
Literature, science, art and social service.
(4) The representatives of each State in the Council of States shall be
elected 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.
(5) The representatives of the Union territories in the Council of States
shall be chosen in such manner as Parliament may by law prescribe.
81. Composition of the House of the People.—(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.
(2) For the purposes of sub-clause (a) of clause (1),—
(a) there shall be allotted to each State a number of seats in the House
of the People in such manner that the 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:
Provided that the provisions of sub-clause (a) of this clause shall not be
applicable for the purpose of allotment of seats in the House of the People to
any State so long as the population of that State does not exceed six millions.
(3) In this article, the expression “population” means the population as
ascertained at the last preceding census of which the relevant figures have been
published:
THE CONSTITUTION OF INDIA
34
Provided that the reference in this clause to the last preceding census of
which the relevant figures have been published shall, until the relevant figures
for
the first census taken after the year 2026 have been published, be construed, —
(i) for the purposes of sub-clause (a) of clause (2) and the proviso to
that clause, as a reference to the 1971 census; and
(ii) for the purposes of sub-clause (b) of clause (2) as a reference to
the 2001 census.
82. Readjustment after each census.—Upon the completion of each
census, the allocation of seats in the House of the People to the States and the
division of each State into territorial constituencies shall be readjusted by su
ch
authority and in such manner as Parliament may by law determine:
Provided that such readjustment shall not affect representation in the
House of the People until the dissolution of the then existing House:
Provided further that such readjustment shall take effect from such date
as the President may, by order, specify and until such readjustment takes effect
,
any election to the House may be held on the basis of the territorial
constituencies existing before such readjustment:
Provided also that until the relevant figures for the first census taken
after the year 2026 have been published, it shall not be necessary to readjust—
(i) the allocation of seats in the House of People to the States as
readjusted on the basis of the 1971 census; and
(ii) the division of each State into territorial constituencies as may be
readjusted on the basis of the 2001 census,
under this article.
83. Duration of Houses of Parliament.—(1) The Council of States
shall not be subject to dissolution, but as nearly as possible one-third of the
members thereof shall retire as soon as may be on the expiration of every
second year in accordance with the provisions made in that behalf by
Parliament by law.
(2) The House of the People, unless sooner dissolved, shall continue for
five years from the date appointed for its first meeting and no longer and the
expiration of the said period of five years shall operate as a dissolution of th
e
House:
35
THE CONSTITUTION OF INDIA
Provided that the said period may, while a Proclamation of Emergency is
in operation, be extended by Parliament by law for a period not exceeding one
year at a time and not extending in any case beyond a period of six months after
the Proclamation has ceased to operate.
84. Qualification for membership of Parliament.—A person shall not
be qualified to be chosen to fill a seat in Parliament unless he—
(a) is a citizen of India, and makes and subscribes before some
person authorised in that behalf by the Election Commission an oath or
affirmation according to the form set out for the purpose in the Third
Schedule;
(b) is, in the case of a seat in the Council of States, not less than thirty
years of age and, in the case of a seat in the House of the People, not less
than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that
behalf by or under any law made by Parliament.
85. Sessions of Parliament, prorogation and dissolution.—(1) The
President shall from time to time summon each House of Parliament to meet at
such time and place as he thinks fit, but six months shall not intervene between
its last sitting in one session and the date appointed for its first sitting in
the
next session.
(2) The President may from time to time—
(a) prorogue the Houses or either House;
(b) dissolve the House of the People.
86. Right of President to address and send messages to Houses.—(1)
The President may address either House of Parliament or both Houses
assembled together, and for that purpose require the attendance of members.
(2) The President may send messages to either House of Parliament,
whether with respect to a Bill then pending in Parliament or otherwise, and a
House to which any message is so sent shall with all convenient despatch
consider any matter required by the message to be taken into consideration.
36
THE CONSTITUTION OF INDIA
87. Special address by the President.—(1) At the commencement of
the first session after each general election to the House of the People and at
the
commencement of the first session of each year the President shall address both
Houses of Parliament assembled together and inform Parliament of the causes
of its summons.
(2) Provision shall be made by the rules regulating the procedure of
either House for the allotment of time for discussion of the matters referred to
in such address.
88. Rights of Ministers and Attorney-General as respects Houses.—
Every Minister and the Attorney-General of India shall have the right to speak
in, and otherwise to take part in the proceedings of, either House, any joint
sitting of the Houses, and any committee of Parliament of which he may be
named a member, but shall not by virtue of this article be entitled to vote.
Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of States.—(1)
The Vice- President of India shall be ex officio Chairman of the Council of Stat
es.
(2) The Council of States shall, as soon as may be, choose a member of
the Council to be Deputy Chairman thereof and, so often as the office of
Deputy Chairman becomes vacant, the Council shall choose another member to
be Deputy Chairman thereof.
90. Vacation and resignation of, and removal from, the office of
Deputy Chairman.—A member holding office as Deputy Chairman of the
Council of States—
(a) shall vacate his office if he ceases to be a member of the Council;
(b) may at any time, by writing under his hand addressed to the
Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council
passed by a majority of all the then members of the Council:
Provided that no resolution for the purpose of clause (c) shall be moved
unless at least fourteen days’ notice has been given of the intention to move th
e
resolution.
91. Power of the Deputy Chairman or other person to perform the
duties of the office of, or to act as, Chairman.—(1) While the office of
Chairman is vacant, or during any period when the Vice-President is acting as,
or discharging the functions of, President, the duties of the office shall be
performed by the Deputy Chairman, or, if the office of Deputy Chairman is
also vacant, by such member of the Council of States as the President may
appoint for the purpose.
37
THE CONSTITUTION OF INDIA
(2) During the absence of the Chairman from any sitting of the Council of
States the Deputy Chairman, or, if he is also absent, such person as may be
determined by the rules of procedure of the Council, or, if no such person is pr
esent,
such other person as may be determined by the Council, shall act as Chairman.
92. The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.—(1) At any
sitting of the Council of States, while any resolution for the removal of the
Vice-President from his office is under consideration, the Chairman, or while
any resolution for the removal of the Deputy Chairman from his office is under
consideration, the Deputy Chairman, shall not, though he is present, preside,
and the provisions of clause (2) of article 91 shall apply in relation to every
such sitting as they apply in relation to a sitting from which the Chairman, or,
as the case may be, the Deputy Chairman, is absent.
(2) The Chairman shall have the right to speak in, and otherwise to take
part in the proceedings of, the Council of States while any resolution for the
removal of the Vice-President from his office is under consideration in the
Council, but, notwithstanding anything in article 100, shall not be entitled to
vote at all on such resolution or on any other matter during such proceedings.
93. The Speaker and Deputy Speaker of the House of the People.—
The House of the People shall, as soon as may be, choose two members of the
House to be respectively Speaker and Deputy Speaker thereof and, so often as
the office of Speaker or Deputy Speaker becomes vacant, the House shall
choose another member to be Speaker or Deputy Speaker, as the case may be.
94. Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker.— A member holding office as Speaker or
Deputy Speaker of the House of the People—
(a) shall vacate his office if he ceases to be a member of the House of
the People;
(b) may at any time, by writing under his hand addressed, if such
member is the Speaker, to the Deputy Speaker, and if such member is
the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the House of
the People passed by a majority of all the then members of the House:
Provided that no resolution for the purpose of clause (c) shall be moved
unless at least fourteen days’ notice has been given of the intention to move th
e
resolution:
38
THE CONSTITUTION OF INDIA
Provided further that, whenever the House of the People is dissolved, the
Speaker shall not vacate his office until immediately before the first meeting o
f
the House of the People after the dissolution.
95. Power of the Deputy Speaker or other person to perform the
duties of the office of, or to act as, Speaker.—(1) While the office of Speaker
is vacant, the duties of the office shall be performed by the Deputy Speaker or,
if the office of Deputy Speaker is also vacant, by such member of the House of
the People as the President may appoint for the purpose.
(2) During the absence of the Speaker from any sitting of the House of the
People the Deputy Speaker or, if he is also absent, such person as may be determ
ined
by the rules of procedure of the House, or, if no such person is present, such o
ther
person as may be determined by the House, shall act as Speaker.
96. The Speaker or the Deputy Speaker not to preside while a
resolution for his removal from office is under consideration.— (1) At any
sitting of the House of the People, while any resolution for the removal of the
Speaker from his office is under consideration, the Speaker, or while any
resolution for the removal of the Deputy Speaker from his office is under
consideration, the Deputy Speaker, shall not, though he is present, preside, and
the provisions of clause (2) of article 95 shall apply in relation to every such
sitting as they apply in relation to a sitting from which the Speaker, or, as th
e
case may be, the Deputy Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take
part in the proceedings of, the House of the People while any resolution for his
removal from office is under consideration in the House and shall,
notwithstanding anything in article 100, be entitled to vote only in the first
instance on such resolution or on any other matter during such proceedings but
not in the case of an equality of votes.
97. Salaries and allowances of the Chairman and Deputy Chairman
and the Speaker and Deputy Speaker.— There shall be paid to the Chairman
and the Deputy Chairman of the Council of States, and to the Speaker and the
Deputy Speaker of the House of the People, such salaries and allowances as
may be respectively fixed by Parliament by law and, until provision in that
behalf is so made, such salaries and allowances as are specified in the Second
Schedule.
98. Secretariat of Parliament.— (1) Each House of Parliament shall
have a separate secretarial staff:
39
THE CONSTITUTION OF INDIA
Provided that nothing in this clause shall be construed as preventing the
creation of posts common to both Houses of Parliament.
(2) Parliament may by law regulate the recruitment, and the conditions
of service of persons appointed, to the secretarial staff of either House of
Parliament.
(3) Until provision is made by Parliament under clause (2), the President
may, after consultation with the Speaker of the House of the People or the
Chairman of the Council of States, as the case may be, make rules regulating
the recruitment, and the conditions of service of persons appointed, to the
secretarial staff of the House of the People or the Council of States, and any
rules so made shall have effect subject to the provisions of any law made under
the said clause.
Conduct of Business
99. Oath or affirmation by members.— Every member of either House
of Parliament shall, before taking his seat, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third Schedule.
100. Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.— (1) Save as otherwise provided in this Constitution,
all questions at any sitting of either House or joint sitting of the Houses shal
l be
determined by a majority of votes of the members present and voting, other
than the Speaker or person acting as Chairman or Speaker.
The Chairman or Speaker, or person acting as such, shall not vote in the
first instance, but shall have and exercise a casting vote in the case of an
equality of votes.
(2) Either House of Parliament shall have power to act notwithstanding
any vacancy in the membership thereof, and any proceedings in Parliament shall
be valid notwithstanding that it is discovered subsequently that some person who
was not entitled so to do sat or voted or otherwise took part in the proceedings
.
(3) Until Parliament by law otherwise provides, the quorum to constitute
a meeting of either House of Parliament shall be one-tenth of the total number
of members of the House.
(4) If at any time during a meeting of a House there is no quorum, it shall
be the duty of the Chairman or Speaker, or person acting as such, either to
adjourn the House or to suspend the meeting until there is a quorum.
40
THE CONSTITUTION OF INDIA
Disqualifications of Members
101. Vacation of seats.— (1) No person shall be a member of both
Houses of Parliament and provision shall be made by Parliament by law for the
vacation by a person who is chosen a member of both Houses of his seat in one
House or the other.
(2) No person shall be a member both of Parliament and of a House of
the Legislature of a State, and if a person is chosen a member both of
Parliament and of a House of the Legislature of a State, then, at the expiration
of such period as may be specified in rules made by the President, that person’s
seat in Parliament shall become vacant, unless he has previously resigned his
seat in the Legislature of the State.
(3) If a member of either House of Parliament—
(a) becomes subject to any of the disqualifications mentioned in
clause (1) or clause (2) of article 102, or
(b) resigns his seat by writing under his hand addressed to the
Chairman or the Speaker, as the case may be, and his resignation is
accepted by the Chairman or the Speaker, as the case may be,
his seat shall thereupon become vacant:
Provided that in the case of any resignation referred to in sub-clause (b),
if from information received or otherwise and after making such inquiry as he
thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that
such resignation is not voluntary or genuine, he shall not accept such
resignation.
(4) If for a period of sixty days a member of either House of Parliament
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 of sixty days no account shall
be taken of any period during which the House is prorogued or is adjourned for
more than four consecutive days.
102. Disqualifications for membership.— (1) A person shall be
disqualified for being chosen as, and for being, a member of either House of
Parliament—
(a) if he holds any office of profit under the Government of India or
the Government of any State, other than an office declared by Parliament
by law not to disqualify its holder;
41
THE CONSTITUTION OF INDIA
(b) if he is of unsound mind and stands so declared by a competent
court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any acknowledgment of
allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
Explanation.—For the purposes of this clause a person shall not be
deemed to hold an office of profit under the Government of India or the
Government of any State by reason only that he is a Minister either for the
Union or for such State.
(2) A person shall be disqualified for being a member of either House of
Parliament if he is so disqualified under the Tenth Schedule.
103. Decision on questions as to disqualifications of members.—
(1) If any question arises as to whether a member of either House of
Parliament has become subject to any of the disqualifications mentioned in
clause (1) of article 102, the question shall be referred for the decision of th
e
President and his decision shall be final.
(2) Before giving any decision on any such question, the President shall
obtain the opinion of the Election Commission and shall act according to such
opinion.
104. Penalty for sitting and voting before making oath or affirmation
under article 99 or when not qualified or when disqualified.—If a person
sits or votes as a member of either House of Parliament before he has complied
with the requirements of article 99, or when he knows that he is not qualified o
r
that he is disqualified for membership thereof, or that he is prohibited from so
doing by the provisions of any law made by Parliament, he shall be liable in
respect of each day on which he so sits or votes to a penalty of five hundred
rupees to be recovered as a debt due to the Union.
Powers, Privileges and Immunities of Parliament and its Members
105. Powers, privileges, etc., of the Houses of Parliament and of the
members and committees thereof.— (1) Subject to the provisions of this
Constitution and to the rules and standing orders regulating the procedure of
Parliament, there shall be freedom of speech in Parliament.
42
THE CONSTITUTION OF INDIA
(2) No member of Parliament shall be liable to any proceedings in any court in
respect of anything said or any vote given by him in Parliament or any committee
thereof, and no person shall be so liable in respect of the publication by or un
der the
authority of either House of Parliament of any report, paper, votes or proceedin
gs.
(3) In other respects, the powers, privileges and immunities of each
House of Parliament, and of the members and the committees of each House,
shall be such as may from time to time be defined by Parliament by law, and,
until so defined, shall be those of that House and of its members and
committees immediately before the coming into force of section 15 of the
Constitution (Forty-fourth Amendment) Act, 1978.
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to
persons who by virtue of this Constitution have the right to speak in, and
otherwise to take part in the proceedings of, a House of Parliament or any
committee thereof as they apply in relation to members of Parliament.
106. Salaries and allowances of members.— Members of either House
of Parliament shall be entitled to receive such salaries and allowances as may
from time to time be determined by Parliament by law and, until provision in
that respect is so made, allowances at such rates and upon such conditions as
were immediately before the commencement of this Constitution applicable in
the case of members of the Constituent Assembly of the Dominion of India.
Legislative Procedure
107. Provisions as to introduction and passing of Bills.— (1) Subject
to the provisions of articles 109 and 117 with respect to Money Bills and other
financial Bills, a Bill may originate in either House of Parliament.
(2) Subject to the provisions of articles 108 and 109, a Bill shall not be
deemed to have been passed by the Houses of Parliament unless it has been
agreed to by both Houses, either without amendment or with such amendments
only as are agreed to by both Houses.
(3) A Bill pending in Parliament shall not lapse by reason of the
prorogation of the Houses.
(4) A Bill pending in the Council of States which has not been passed by
the House of the People shall not lapse on a dissolution of the House of the
People.
43
THE CONSTITUTION OF INDIA
(5) A Bill which is pending in the House of the People, or which having
been passed by the House of the People is pending in the Council of States,
shall, subject to the provisions of article 108, lapse on a dissolution of the
House of the People.
108. Joint sitting of both Houses in certain cases.— (1) If after a Bill
has been passed by one House and transmitted to the other House—
(a) the Bill is rejected by the other House; or
(b) the Houses have finally disagreed as to the amendments to be
made in the Bill; or
(c) more than six months elapse from the date of the reception of the
Bill by the other House without the Bill being passed by it,
the President may, unless the Bill has elapsed by reason of a dissolution of the
House of the People, notify to the Houses by message if they are sitting or by
public notification if they are not sitting, his intention to summon them to mee
t
in a joint sitting for the purpose of deliberating and voting on the Bill:
Provided that nothing in this clause shall apply to a Money Bill.
(2) In reckoning any such period of six months as is referred to in clause
(1), no account shall be taken of any period during which the House referred to
in sub-clause (c) of that clause is prorogued or adjourned for more than four
consecutive days.
(3) Where the President has under clause (1) notified his intention of
summoning the Houses to meet in a joint sitting, neither House shall proceed
further with the Bill, but the President may at any time after the date of his
notification summon the Houses to meet in a joint sitting for the purpose specif
ied
in the notification and, if he does so, the Houses shall meet accordingly.
(4) If at the joint sitting of the two Houses the Bill, with such amendments,
if any, as are agreed to in joint sitting, is passed by a majority of the total
number
of members of both Houses present and voting, it shall be deemed for the
purposes of this Constitution to have been passed by both Houses:
Provided that at a joint sitting—
(a) if the Bill, having been passed by one House, has not been passed
by the other House with amendments and returned to the House in which
it originated, no amendment shall be proposed to the Bill other than such
amendments (if any) as are made necessary by the delay in the passage
of the Bill;
44
THE CONSTITUTION OF INDIA
(b) if the Bill has been so passed and returned, only such amendments as
aforesaid shall be proposed to the Bill and such other amendments as are
relevant to the matters with respect to which the Houses have not agreed;
and the decision of the person presiding as to the amendments which are admissib
le
under this clause shall be final.
(5) A joint sitting may be held under this article and a Bill passed
thereat, notwithstanding that a dissolution of the House of the People has
intervened since the President notified his intention to summon the Houses to
meet therein.
109. Special procedure in respect of Money Bills.—(1) A Money Bill
shall not be introduced in the Council of States.
(2) After a Money Bill has been passed by the House of the People it
shall be transmitted to the Council of States for its recommendations and the
Council of States shall within a period of fourteen days from the date of its
receipt of the Bill return the Bill to the House of the People with its
recommendations and the House of the People may thereupon either accept or
reject all or any of the recommendations of the Council of States.
(3) If the House of the People accepts any of the recommendations of the
Council of States, the Money Bill shall be deemed to have been passed by both
Houses with the amendments recommended by the Council of States and
accepted by the House of the People.
(4) If the House of the People does not accept any of the
recommendations of the Council of States, the Money Bill shall be deemed to
have been passed by both Houses in the form in which it was passed by the
House of the People without any of the amendments recommended by the
Council of States.
(5) If a Money Bill passed by the House of the People and transmitted to
the Council of States for its recommendations is not returned to the House of
the People within the said period of fourteen days, it shall be deemed to have
been passed by both Houses at the expiration of the said period in the form in
which it was passed by the House of the People.
110. Definition of “Money Bills”.—(1) For the purposes of this
Chapter, a Bill shall be deemed to be a Money Bill if it contains only provision
s
dealing with all or any of the following matters, namely:—
(a) the imposition, abolition, remission, alteration or regulation of
any tax;
45
THE CONSTITUTION OF INDIA
(b) the regulation of the borrowing of money or the giving of any
guarantee by the Government of India, or the amendment of the law with
respect to any financial obligations undertaken or to be undertaken by
the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of
India, the payment of moneys into or the withdrawal of moneys from any
such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of
India;
(e) the declaring of any expenditure to be expenditure charged on the
Consolidated Fund of India or the increasing of the amount of any such
expenditure;
(f) the receipt of money on account of the Consolidated Fund of India
or the public account of India or the custody or issue of such money or
the audit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in subclauses (a) to (
f).
(2) A Bill shall not be deemed to be a Money Bill by reason only that it
provides for the imposition of fines or other pecuniary penalties, or for the
demand or payment of fees for licences or fees for services rendered, or by
reason that it provides for the imposition, abolition, remission, alteration or
regulation of any tax by any local authority or body for local purposes.
(3) If any question arises whether a Bill is a Money Bill or not, the
decision of the Speaker of the House of the People thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted
to the Council of States under article 109, and when it is presented to the
President for assent under article 111, the certificate of the Speaker of the
House of the People signed by him that it is a Money Bill.
111. Assent to Bills.—When a Bill has been passed by the Houses of
Parliament, it shall be presented to the President, and the President shall decl
are
either that he assents to the Bill, or that he withholds assent therefrom:
46
THE CONSTITUTION OF INDIA
Provided that the President may, as soon as possible after the
presentation to him of a Bill for assent, return the Bill if it is not a Money B
ill
to the Houses with a message requesting that they will reconsider the Bill or
any specified provisions thereof and, in particular, will consider the desirabil
ity
of introducing any such amendments as he may recommend in his message,
and when a Bill is so returned, the Houses shall reconsider the Bill accordingly
,
and if the Bill is passed again by the Houses with or without amendment and
presented to the President for assent, the President shall not withhold assent
therefrom.
Procedure in Financial Matters
112. Annual financial statement.—(1) The President shall in respect of
every financial year cause to be laid before both the Houses of Parliament a
statement of the estimated receipts and expenditure of the Government of India
for that year, in this Part referred to as the "annual financial statement''.
(2) The estimates of expenditure embodied in the annual financial
statement shall show separately—
(a) the sums required to meet expenditure described by this
Constitution as expenditure charged upon the Consolidated Fund of
India; and
(b) the sums required to meet other expenditure proposed to be
made from the Consolidated Fund of India,
and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the
Consolidated Fund of India—
(a) the emoluments and allowances of the President and other
expenditure relating to his office;
(b) the salaries and allowances of the Chairman and the Deputy