Long story short
Union Executive
Part V (The Union) under Chapter I (The Executive)
President
Article 52 states that there shall be a President of India. The President is considered the Executive head of the country. All the Executive business of the country is carried out in the name of the President. The President is also the formal head of the executive, legislature and judiciary of India and the commander-in-chief of the Indian Armed Forces. However, in practice, most of the executive powers are exercised by the Prime Minister and the Council of Ministers on behalf of the President.
Article 53 of the Indian Constitution explains how the President of India has the executive power of the Union. This means that the President can act on behalf of the Union government and has the supreme command of the defence forces. However, the President does not have all the power by himself. He has to follow the Constitution and the law, and he has to work with other authorities such as the Parliament, the Council of Ministers, and the State governments.
Article 54 of the Indian Constitution explains how the President of India is elected by an electoral college. This electoral college consists of the elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha) and the elected members of the Legislative Assemblies of the States (including Delhi and Puducherry). This ensures that the President represents both the Union and the States. The election is held in accordance with the system of proportional representation by means of a single transferable vote and the voting is by secret ballot.
Article 55 states that as far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President. It also states that for the purpose of securing such uniformity among the States and parity between the States 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 by a formula given in the article. The formula takes into account the population of each State (as per the 1971 census) and the number of elected members of each House of Parliament and each State Legislative Assembly. The election of the President shall be held in accordance with the system of proportional representation by means of a single transferable vote and the voting at such election shall be by secret ballot. It reflects the federal and democratic character of the Indian polity, as it ensures that the President is elected by an electoral college that represents both the Centre and the States and that the voting system ensures a fair and proportional representation of different regions and parties. It also shows the commitment of the Constitution to uphold the principle of equality among States, as it mandates that there shall be uniformity in the scale of representation of the different States at the election of the President, as far as practicable.
The Presidential and Vice-Presidential Elections Act, of 1952 and the rules framed thereunder regulate all matters relating to the election of President and Vice-President. It was amended in 1974 and 1997.
Article 56 states that the President shall hold office for a term of five years from the date on which he enters his office. It also states that the President may resign his office by writing under his hand addressed to the Vice-President. The President may also be removed from his office by impeachment for violation of the Constitution. The President shall not be eligible for re-election to that office more than once.
Article 57 states that a person who holds, or has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election. This means there is no bar on the number of times a person can be elected as President, as long as he or she fulfils the other qualifications and conditions laid down in the Constitution. However, no person has been elected as President for more than two terms so far in India.
Article 58 deals with the qualifications for election as President. It states that no person shall be eligible for election as President unless he or she is a citizen of India, has completed the age of thirty-five years, and is qualified for election as a member of the House of the People. It also states that a person shall not be eligible for election as President if he or she 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.
Article 59 states that 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 is elected President, he or she shall be deemed to have vacated his or her seat in that House on the date on which he or she enters upon his or her office as President. It also states that the President shall not hold any other office of profit. The President shall be entitled without payment of rent to the use of his or her 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. The emoluments and allowances of the President shall not be diminished during his or her term of office.
Office of profit is a term used to refer to an executive appointment that brings some financial gain, advantage, or benefit to the person holding it. It may be an office or place of profit if it carries some remuneration, financial advantage, benefit, etc. However, the Constitution does not define what constitutes an office of profit. The Supreme Court has laid down various tests and factors to determine whether a person holds an office of profit or not.
Article 60 states that the president will take oath in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available.
Article 61 deals with the procedure for impeachment of the President. It states that when a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.
Article 62 states that 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. It also states that 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. 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 his office.
Article 70 gives the Parliament the power to enact laws to define the President’s duties and responsibilities in situations that are not covered by the other articles in this Chapter. It ensures that there is no constitutional crisis or vacuum in case of any emergency or uncertainty regarding the President’s office or functions. Article 70 is different from Article 65, which deals with the Vice-President acting as or discharging the functions of the President in case of vacancy or absence of the President.
Article 71 states that 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. It gives the Supreme Court the exclusive jurisdiction to decide any doubts or disputes regarding the election of a President or Vice-President. It also provides that if the election of a person as President or Vice-President is declared void by the Supreme Court, the acts done by him in the exercise and performance of the powers and duties of the office shall not be invalidated by reason of that declaration.
Article 72 gives the President the power to grant mercy to any person convicted of any offence by a court-martial, by a court under any law relating to a matter to which the executive power of the Union extends, or by a court under a death sentence. It also provides that the acts done by a person whose election as President or Vice-President is declared void by the Supreme Court shall not be invalidated by reason of that declaration.
Article 77 gives legal validity and sanctity to the executive actions and decisions of the Government of India by expressing them in the name of the President, who is the head of the executive. It also provides for the authentication of orders and instruments made and executed by the President, which means that they are verified and certified by a designated authority or officer as per the rules made by the President. It empowers the President to make rules for the more convenient transaction of the business of the Government of India and for the allocation among Ministers of the said business1. This means that the President can regulate how the executive functions are carried out and distributed among different ministries and departments.
Vice-President
Article 63 states that “There shall be a Vice-President of India.” The Vice President is chosen by the members of both Houses of Parliament in a joint session using a secret ballot and a single transferable vote in accordance with the proportional representation system. The Vice President serves for a five-year term but can continue to be in office, irrespective of the expiry of the term, until the successor assumes office.
Article 64 states that the Vice President’s role as the ex officio Chairman of the Council of States, also known as the Rajya Sabha. It states that “The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other office of profit”.
Article 65 is about the Vice President’s role as the acting President or discharging the functions of the President during casual vacancies in the office, or during the absence, of the President. It states that “(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.”
Article 66 states that “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.” It also states that “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 is 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.” Furthermore, it states that “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; (c) is qualified for election as a member of the Council of States.” It also states that “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.”
Article 67 is about the term of office of the Vice President. It states that “The Vice-President shall hold office for a term of five years from the date on which he enters upon his office.” It also states that “a Vice-President may, by writing under his hand addressed to the President, resign his office” or “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” with a notice of at least fourteen days. It also states that “a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.”
Article 68 is about the time of holding an election to fill the vacancy in the office of Vice President and the term of office of the person elected to fill the casual vacancy. It states that “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.” It also states that “An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office.”
Article 69 states that the vice-President should take oath before the President, or some person appointed on that behalf by him
The executive power of the Union
Article 73 states that “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 the 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.” This means that the President and his Council of Ministers can exercise their executive authority over all subjects that fall under the Union List or the Concurrent List, as well as over matters related to India’s foreign affairs and defence. However, the proviso to Article 73 states that “the executive power referred to in sub-clause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State to matters with respect to which the Legislature of the State also has the power to make laws.” This means that the Union executive cannot interfere with the State executive in matters that fall under the State List or are within the exclusive domain of the State Legislature. It also states that “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 the power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.” This means that until Parliament enacts a law on any subject that falls under its legislative competence, the existing executive arrangements in the States will continue.
Council of Ministers
Article 74 states that “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.” This means that the President is bound by the advice of the Council of Ministers, which is headed by the Prime Minister and represents the majority party or coalition in Parliament. However, the proviso to It states 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.” This means that the President can send back the advice for reconsideration once, but if the Council of Ministers sends back the same advice, then the President has to accept it. The acceptance was made obligatory after the 42nd and 44th Amendments, but the Supreme Court had already made it binding in all its judgement even before the amendment. It also states that “The question whether any and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.” This means that the advice given by the Council of Ministers to the President is confidential and cannot be challenged or scrutinized by the judiciary. But the Supreme Court can look into it if the government ever produce any report of the discussions.
There shall always be a council of ministers, there are no provisions for the president’s rule at the Union level in case of failure of Constitutional machinery. Even after the dissolution of the Loksabha, the president shall continue to act on the Aid of the council of ministers. It was held by the Supreme Court in U.N. Rao vs Indira Gandhi in 1971, that any exercise of powers by the President without the advice of the Council of Ministers shall be unconstitutional as being violative of Article 74(1)
Prime Minister
Article 75 states that “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.” This means that the President has a formal role in appointing the Prime Minister and the Council of Ministers, but he has to act according to the will of the majority party or coalition in Parliament. It also states that “The Ministers shall hold office during the pleasure of the President.” This means that the President can remove any Minister from office at any time, but he has to act on the advice of the Prime Minister. Furthermore, It states that “The Council of Ministers shall be collectively responsible to the House of the People.” This means that the Council of Ministers has to enjoy the confidence and support of the Lok Sabha, and if it loses a vote of no-confidence, it has to resign as a whole. It also states that “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.” This means that every Minister has to take two oaths before assuming office: one to uphold the Constitution and faithfully discharge his duties, and another to not disclose any official secrets or information. Moreover, It states that “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.” This means that every Minister has to be a member of either Lok Sabha or Rajya Sabha, and if he is not, he has to get elected or nominated within six months of his appointment. Finally, It states that “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.” This means that Parliament can fix or change the salaries and allowances of Ministers by passing a law, and until then, they will receive what is prescribed in the Second Schedule of the Constitution.
Article 78 is about the duties of the Prime Minister with respect to the furnishing of information to the President. It states that 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. This means that the Prime Minister has to keep the President informed and consulted on all matters concerning the governance and legislation of the country, and also ensure that there is collective responsibility and coordination among his Ministers.
Attorney General
Article 76 states that “The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.” This means that the Attorney-General is the highest law officer in India and a Union Executive member, who is appointed by the President on the basis of his legal expertise and experience. It also states that “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.” This means that the Attorney-General is the chief legal adviser to the Union Government and assists it in all legal matters, such as drafting bills, ordinances, rules, regulations, etc. He also represents the Union Government in the Supreme Court and other courts where required. Furthermore, It states that “In the performance of his duties the Attorney-General shall have the right of audience in all courts in the territory of India.” This means that the Attorney-General can appear and argue in any court of law in India, whether on behalf of the Union Government or any other party with its consent. It also states that “The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.” This means that the Attorney-General can be removed by the President at any time without any reason, and his salary and allowances are fixed by the President.
Union Legislature
Article 79 is about the Constitution of Parliament, which consists of the President and two Houses - the Council of States (Rajya Sabha) and the House of People (Lok Sabha).
Article 80 is about the Composition of the Council of States, also known as the Rajya Sabha. It says that the Rajya Sabha has 12 nominated members and 238 elected members from the States and Union territories. The nominated members are experts in literature, science, art and social service. The representatives are chosen by different methods as per Article 80(4) and (5). Article 80(4) is about the election of the Rajya Sabha members by the State Legislatures using a single transferable vote system. This system allows voters to rank candidates and transfer votes to the next preference until a candidate gets a quota. Article 80(5) is about the election of the Rajya Sabha members from the Union territories. It says that the Parliament can make laws to decide how they are chosen.
The single transferable vote system and the first-past-the-post system are different ways of electing representatives. The single transferable vote system lets voters rank candidates and transfers their votes if their top choice is out or has extra votes. This system tries to make the results match the voters’ choices and elect multiple representatives from each area. The first-past-the-post system lets voters pick one candidate and the candidate with the most votes wins. This system is simple and clear and tends to produce strong governments. However, both systems have some problems. The single transferable vote system can be complicated and slow, and it may not produce stable results. The first-past-the-post system can be unfair and unrepresentative, and it may discourage smaller parties and cooperation.
Article 81 is about the Composition of the House of the People, also known as the Lok Sabha. It says that the Lok Sabha has 530 elected members from the States and 20 members from the Union territories. The seats are allocated according to the population as per the last census. Article 81(2) is about the allocation of seats in the House of the People to the States and Union territories. It says that each State should get a number of seats based on its population, and each State should be divided into constituencies based on its population. Article 81(3) is about how to calculate the population for allocating seats in the House of the People. It says that the population is based on the last census but with some exceptions. The exceptions are that until a new census is done and published after 2026, the population figures of 1971 and 2001 are used for different purposes. This means that the seats in the Lok Sabha are not updated according to the current population, but based on older data. The seat allocation is for till 2000, now it is being changed to 2026 via C(A)A,2001 and C(A)A,2003.
Article 82 is about how to change the seats in the House of the People based on the census. It says that after each census, the Parliament can make laws to change how many seats each State gets and how each State is divided into constituencies. The article also says that these changes will not apply until the current House ends, and that until a new census is done and published after 2026, the seats are based on the 1971 census.
Article 83 is about how long the two Houses of Parliament last. It says that the Council of States cannot be dissolved, but one-third of its members retire every two years. This means that the Rajya Sabha is always there, and its members have a term of six years. The article also says that the House of the People lasts for five years unless it is dissolved sooner, and then a new election must be held. This means that the Lok Sabha has a term of five years, but it can end earlier by the President or by losing confidence. The article also says that during an emergency, the Parliament can extend the term of the Lok Sabha by one year at a time, but not more than six months after the emergency is over. This means that during an emergency, the Lok Sabha can last longer than five years, but not too long.
Article 84 is about the qualification for membership in Parliament, which has two Houses - the Council of States and the House of People. It says that to be a member of Parliament, one must be an Indian citizen, take an oath or affirmation as per the Constitution, be at least thirty years old for Rajya Sabha and twenty-five years old for Lok Sabha, and meet any other criteria set by law. This means that these are the minimum requirements to be a member of Parliament.
Article 85 deals with the provisions of Sessions of Parliament, prorogation and dissolution. It states that: (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 prorogue the Houses or either House; dissolve the House of the People.
Article 86 deals with the Right of the President to address and send messages to Houses. It states that: (1) The President may address either the House of Parliament or both Houses assembled together, and for that purpose require the attendance of members. (2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.
Article 87 deals with the Special address by the President. It states that: (1) The President shall address both the Houses of Parliament assembled together at the start of the first session following each general election to the Lok Sabha and at the beginning of the first session of each year. (2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.
Article 88 deals with the Rights of Ministers and Attorney-General as respects Houses. It states that: (1) 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.
Article 89 deals with The Chairman and Deputy Chairman of the Council of States. It states that: (1) The Vice-President of India shall be ex officio Chairman of the Council of States. (2) The Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof.
Article 90 deals with the Vacation and resignation of, and removal from, the office of Deputy Chairman. The Deputy Chairman of the Council of States shall vacate his office if he ceases to be a member of the Council. The Deputy Chairman may at any time, by writing under his hand addressed to the Chairman, resign his office. He may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council. No resolution for the purpose of removing the Deputy Chairman shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.
Article 91 states that 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. During the absence of the Chairman from any sitting of the Council of States, the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.
Article 92 states that the Chairman or the Deputy Chairman of the Council of States (Rajya Sabha) shall not preside over the proceedings of the House while a resolution for his removal from office is under consideration. The Chairman shall have the right to speak and take part in the proceedings, but shall not vote on such resolution or any other matter during such proceedings.
Article 93 states that the House of the People shall 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. The Speaker is the presiding officer of the Lok Sabha and exercises powers and functions as provided by the Constitution and the rules of procedure of the House. The Deputy Speaker performs the duties of the Speaker’s office when it is vacant or when the Speaker is absent from the sitting of the House.
Article 94 states that a member holding office as Speaker or Deputy Speaker of the House of the People shall vacate his office if he ceases to be a member of the House, may resign his office by writing to the Speaker or Deputy Speaker, as the case may be, and may be removed from his office by a resolution of the House passed by a majority of all the then members of the House. The article also provides that no resolution for removal shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution and that the Speaker shall not vacate his office until immediately before the first meeting of the House after the dissolution.
Article 95 deals with the role and responsibility of the Speaker of the Lok Sabha if his office is vacant. It articulates the process and protocols for discharging the power and duties of the speaker in case the Speaker is not able to discharge his duties. The article states that 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. The article also states that during the absence of the Speaker from any sitting of the House of the People, the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker.
Article 96 talks about the conditions in which The Speaker has to work if his removal from the Lok Sabha is into consideration. The article states that 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 shall not 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 is absent. The article also states that 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 be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.
Article 97 states that the salary and allowances of the Chairman and the Deputy Chairman of the Rajya Sabha and the salary of the Speaker and the Deputy Speaker can be decided by the Parliament by making a law for it. The amounts have been revised by various laws enacted by Parliament from time to time. According to the Salary, Allowances and Pension of Members of Parliament Act, 1954, as amended by the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2018. They are also entitled to various other allowances and facilities such as constituency allowance, office expense allowance, travelling allowance, free accommodation, medical facilities, etc.
Article 98 talks about the Secretariat of Parliament. It states that each House of Parliament shall have a separate secretarial staff, but this does not prevent the creation of posts common to both Houses of Parliament. The article also states that Parliament may by law regulate the recruitment and the conditions of service of persons appointed to the secretarial staff of either House of Parliament. Until such provision is made by Parliament, the President may make rules for this purpose after consultation with the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, as the case may be.
Article 99 talks about the oath or affirmation by members of Parliament. It states that every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed by him, an oath or affirmation according to the form set out in the Third Schedule of the Constitution. The Third Schedule of the Constitution contains the forms of oaths or affirmations for various constitutional offices, including the members of Parliament.
Article 100 talks about the voting in Houses, the power of Houses to act notwithstanding vacancies and quorum. (1) states that all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, except the Speaker or person acting as Chairman or Speaker. The Speaker or Chairman, or person acting as such, shall not vote in the first instance but shall have a casting vote in case of a tie. (2) states that either House of Parliament shall have the power to act despite any vacancy in its membership, and any proceedings in Parliament shall be valid even if it is discovered later that some person who was not entitled to do so sat or voted or otherwise took part in the proceedings. (3) states that until Parliament makes a law otherwise, 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) states that if at any time during a meeting of a House, there is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.
Article 101 of the Indian Constitution deals with the vacation of seats by members of Parliament. No person can be a member of both Houses of Parliament. No person can be a member of both Parliament and a House of a state Legislature. If a member of either House of Parliament becomes subject to any disqualification under Article 102 or resigns his or her seat by writing to the Chairman or the Speaker and his or her resignation is accepted, his or her seat will become vacant. However, the Chairman or the Speaker can reject the resignation if they are not satisfied that it is voluntary or genuine. If a member of either House of Parliament is absent from all meetings of the House for 60 days without permission, the House may declare his or her seat vacant. However, this does not include any period when the House is prorogued or adjourned for more than four consecutive days.
Article 102 deals with the disqualifications for membership of Parliament. (1) A person will be disqualified for being chosen as, and for being, a member of either House of Parliament if he or she holds any office of profit under the Government of India or any State, other than an office declared by Parliament by law not to disqualify its holder; or if he or she is of unsound mind and stands so declared by a competent court; or if he or she is an undischarged insolvent; or if he or she is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State; or if he or she is so disqualified by or under any law made by Parliament. (2) A person will be disqualified from being a member of either House of Parliament if he or she is so disqualified under the Tenth Schedule, which deals with the anti-defection law.
Article 103 deals with the decision on questions as to disqualifications of members of Parliament. (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 Article 102(1), the question will be referred to the decision of the President and his decision will be final. (2) Before giving any decision on any such question, the President will obtain the opinion of the Election Commission and will act according to such opinion.
Article 104 deals with the penalty for sitting and voting before making an oath or affirmation under Article 99 or when not qualified or when disqualified.
Article 105 deals with the powers, privileges and immunities of Parliament and its members. (1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there will be freedom of speech in Parliament. (2) No member of Parliament will be liable to any proceedings in any court in respect of anything said or any vote given by him or her in Parliament or any committee thereof, and no person will be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings. (3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, will be such as may from time to time be defined by Parliament by law, and, until so defined, will 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) will apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament
Article 106 deals with the salaries and allowances of members of Parliament. Members of either House of Parliament will be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law.
Article 107 deals with the legislative procedure for the 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 will 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 will 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 will not lapse on a dissolution of the House of the People. (5) A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the Council of States, will, subject to the provisions of article 108, lapse on a dissolution of the House of the People.
Article 108 deals with the joint sitting of both Houses of Parliament 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 lapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill. However, this clause will not apply to a Money Bill. (2) In reckoning any such period of six months as is referred to in clause (1), no account will 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 will proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses will 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 will be deemed for the purposes of this Constitution to have been passed by both Houses. However, 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 will be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill; or (b) if the Bill has been so passed and returned, only such amendments as aforesaid will be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Houses have not agreed; and the decision of the person presiding as to the amendments which are admissible under this clause will 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 People has intervened since the President notified his intention to summon them.
Article 109 deals with the special procedure in respect of Money Bills. (1) A Money Bill will not be introduced in the Council of States. (2) After a Money Bill has been passed by the House of the People, it will be transmitted to the Council of States for its recommendations. (3) The Council of States will have to return the Bill to the House of the People with its recommendations within 14 days from the date of its receipt. (4) If the House of the People accepts any of the recommendations of the Council of States, the Money Bill will 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. (5) If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill will be deemed to have been passed by both Houses in the form in which it was passed by the House of People without any of the amendments recommended by the Council of States. (6) If a Money Bill passed by the House of People and transmitted to the Council of States for its recommendations is not returned to the House of People within 14 days, it will be deemed to have been passed by both Houses at the expiration of that period in the form in which it was passed by the House of People.
Article 110 defines a Money Bill and its characteristics. (1) For the purposes of this Chapter, a Bill will be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters: the imposition, abolition, remission, alteration or regulation of any tax; the regulation of the borrowing of money or the giving of any guarantee by the Government of India; the custody of the Consolidated Fund or the Contingency Fund of India, the payment of money into or the withdrawal of money from any such Fund; the appropriation of money out of the Consolidated Fund of India; 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; 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 any matter incidental to any of the matters specified above. (2) A Bill will 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 about whether a Bill is a Money Bill or not, the decision of the Speaker of the House of People will be final. (4) There will 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, a certificate signed by the Speaker that it is a Money Bill. (5) No amendment will be proposed to any Money Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant in aid from revenues recommended by Article 275 to be made for any specific purpose, or varying or altering any condition attached to such grant. (6) The provisions of this article will apply in relation to those Bills which are certified by the Speaker as Money Bills under Article 199 as they apply in relation to Money Bills passed by the House of People.
Article 111 deals with the assent to Bills by the President. When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom: Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom. The President of India acts on the aid and advice of the Council of Ministers headed by the Prime Minister in giving assent to bills passed by the Parliament, except in some cases where he can exercise his discretion. For example, he can use his absolute veto power to withhold assent to a private member’s bill or a bill passed by the previous cabinet. He can also use his pocket veto power to not act upon a bill indefinitely. However, he cannot withhold assent to a constitutional amendment bill or a money bill. He can also return a bill (except a money bill) for reconsideration by the Parliament with his suggestions, but if the Parliament passes it again, he has to give his assent.
Article 112 mandates that the President shall in respect of every financial year cause to be laid before both 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”. The annual financial statement contains estimates of expenditure embodied in it and shows separately sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of India and sums required to meet other expenditure proposed to be made from the Consolidated Fund of India, and distinguishes expenditure on revenue account from other expenditure.
Article 113 lays down the procedure in Parliament with respect to estimates. (1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates. (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People, and the House of the People shall have the power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. (3) No demand for a grant shall be made except on the recommendation of the President.
Article 114 deals with appropriation bills. (1) As soon as may be after the grants under Article 113 have been made by the House of the People, there shall be introduced a bill to provide for the appropriation out of the Consolidated Fund of India of all money required to meet the grants so made by the House of the People and the expenditure charged on the Consolidated Fund of India but not exceeding, in any case, the amount shown in the statement previously laid before Parliament. (2) No amendment shall be proposed to any such bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final. (3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article.
Article 115 deals with supplementary, additional or excess grants. (1) The President shall cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People demand for such excess, as the case may be if the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year. (2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of money out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of money out of the Consolidated Fund of India to meet such expenditure or grant.
Article 116 of the Indian Constitution deals with the votes on account, votes of credit and exceptional grants. (1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have the power to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in Article 113 for the voting of such grant and the passing of the law in accordance with the provisions of article 114 in relation to that expenditure; to make a grant for meeting an unexpected demand upon the resources of India when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement; to make an exceptional grant which forms no part of the current service of any financial year; and Parliament shall have the power to authorise by law the withdrawal of money from the Consolidated Fund of India for the purposes for which the said grants are made. (2) The provisions of articles 112, 113 and 114 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of money out of the Consolidated Fund of India to meet such expenditure or grant.
Article 117 deals with the special provisions for financial bills. (1) A bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of Article 110 (i.e., a money bill) 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. However, no recommendation shall be required for the moving of an amendment making provision for the reduction or abolition of any tax. (2) A bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (3) A bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill.
Article 118 deals with the rules of procedure. (1) Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business. (2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be. (3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses. (4) At a joint sitting of the two Houses, the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside.
Article 119 deals with the regulation by law of procedure in Parliament in relation to financial business. It states that: Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any bill for the appropriation of money out of the Consolidated Fund of India, and, if and so far as any provision of any law so made is inconsistent with any rule made by a House of Parliament under clause (1) of article 118 or with any rule or standing order having an effect in relation to Parliament under clause (2) of that article, such provision shall prevail.
Article 120 deals with the language to be used in Parliament. It states that: (1) Notwithstanding anything in Part XVII, but subject to the provisions of Article 348, business in Parliament shall be transacted in Hindi or in English. (2) The Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue.
Article 121 deals with the restriction on a discussion in Parliament. It states that: 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.
Article 122 deals with the courts not inquiring into proceedings of Parliament. It states that: (1) The validity of any proceedings in Parliament shall not be called into question on the ground of any alleged irregularity of procedure. (2) No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
Article 123 deals with the power of the President to promulgate ordinances during the recess of Parliament. It states that: (1) 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. (2) An ordinance promulgated under this article shall have the same force and effect as an act of Parliament, but every such ordinance shall be laid before both Houses of Parliament 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 may be withdrawn at any time by the President. Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. (3) If and so far as an ordinance under this article makes any provision that Parliament would not under this Constitution be competent to enact, it shall be void.