Indian Parliamentary Procedures (Arts 110-123)
Indian Parliamentary Procedures, governed by Articles 110-123, define the legislative and financial processes within the Indian Parliament. These articles detail Money Bills, the President's role in assenting to legislation, the annual budget process, procedural rules, and the President's power to promulgate ordinances during recess, ensuring structured governance.
Key Takeaways
Money Bills focus on taxation and public funds; Speaker's decision is final.
Presidential assent is crucial, involving veto powers, with exceptions.
Annual Financial Statement details government receipts and expenditures.
Parliamentary rules govern conduct, financial business, and language.
President can issue temporary ordinances during parliamentary recess.
What defines a Money Bill under Article 110?
Article 110 defines a Money Bill as exclusively dealing with financial matters. This includes taxation, government borrowing, and public fund management, like the Consolidated Fund. The Speaker of the Lok Sabha's certification is final and unchallenged. This classification is vital due to its distinct legislative path, primarily originating and being voted upon in the Lok Sabha.
- Covers taxation, borrowing, public fund management.
- Includes Consolidated Fund appropriation.
- Excludes fines, penalties, service fees, local taxes.
- Speaker's decision on its nature is final.
What are the President's powers regarding assent to bills?
Article 111 outlines the President's options for assenting to bills: give assent, withhold, or return for reconsideration. Money Bills cannot be returned. If Parliament re-passes a returned bill, the President must assent. Veto powers include absolute, suspensive, and pocket vetoes, providing control over legislation, with Constitutional Amendment Bills as exceptions.
- President can give, withhold, or return bills.
- Money Bills cannot be returned.
- Must assent if Parliament re-passes.
- Veto powers: Absolute, Suspensive, Pocket.
- Constitutional Amendment Bills are exceptions.
What is the Annual Financial Statement (Budget) in India?
The Annual Financial Statement, or Union Budget, mandated by Article 112, is an annual report presented to Parliament. It details the Government of India's estimated receipts and expenditures. Expenditure is categorized into non-votable (charged on Consolidated Fund) and votable (from Consolidated Fund, voted in Lok Sabha), ensuring parliamentary financial oversight.
- Details estimated government receipts and expenditures.
- Presented annually to both Houses.
- Charged expenditure on Consolidated Fund is non-votable.
- Expenditure from Consolidated Fund is votable in Lok Sabha.
How are parliamentary procedures related to financial estimates managed?
Articles 113-116 govern financial estimate procedures. Article 113 requires Lok Sabha voting on Consolidated Fund expenditures, needing Presidential recommendation. Article 114 covers Appropriation Bills, authorizing fund withdrawals after demands, allowing cut motions. Articles 115-116 address supplementary, additional, or excess grants, plus votes on account, votes of credit, and exceptional grants for unforeseen needs.
- Article 113: Lok Sabha votes on Consolidated Fund estimates.
- Article 114: Appropriation Bills authorize fund withdrawal.
- Cut Motions: Policy, Token, Economy cuts possible.
- Articles 115-116: Cover supplementary, additional, excess, and exceptional grants.
- Includes Vote on Account and Votes of Credit.
What distinguishes Financial Bills under Article 117?
Article 117 defines Financial Bills, related to but distinct from Money Bills. All Money Bills are Financial Bills, but not vice versa. They involve revenue and expenditure provisions, potentially alongside other legislative matters. Presidential recommendation is required for their introduction in either House, ensuring executive coordination and highlighting their fiscal implications.
- All Money Bills are Financial Bills, not vice versa.
- Involve revenue and expenditure.
- Require Presidential recommendation for introduction.
What are the key parliamentary rules and procedures?
Articles 118-122 establish rules for parliamentary conduct. Article 118 allows each House to make its own procedural rules. Article 119 regulates financial business. Article 120 mandates English and Hindi as official languages. Article 121 restricts discussion on judges' conduct, while Article 122 prevents courts from inquiring into parliamentary proceedings, upholding legislative sovereignty.
- Article 118: Each House frames its own rules.
- Article 119: Regulates financial business.
- Article 120: Specifies English and Hindi languages.
- Article 121: Restricts discussion on judges' conduct.
- Article 122: Courts cannot inquire into proceedings.
When can the President promulgate Ordinances under Article 123?
Article 123 empowers the President to promulgate ordinances when Parliament is not in session and immediate action is needed. These temporary ordinances have the same force as an Act of Parliament. They must be laid before both Houses upon reassembly and cease operation six weeks thereafter if not approved. The President can withdraw an ordinance anytime. Void if provisions exceed Parliament's legislative competence.
- President can promulgate during parliamentary recess.
- Possess same force as an Act of Parliament.
- Must be laid before both Houses within six weeks of reassembly.
- President can withdraw anytime.
- Ceases operation six weeks after reassembly if not approved.
- Void if Parliament is not competent to enact.
What are the main types of public funds in India?
The Indian Constitution, via Articles 266 and 267, establishes three primary public funds. The Consolidated Fund of India (Article 266) holds all government revenues and loans, from which most expenditures are made. The Public Account of India (Article 266) contains non-revenue funds like deposits, managed by the executive without parliamentary vote. The Contingency Fund of India (Article 267) is an imprest fund for unforeseen expenses, managed by the Finance Secretary.
- Consolidated Fund (Article 266): All government revenues and loans.
- Public Account (Article 266): Non-revenue funds, executive-managed.
- Contingency Fund (Article 267): President's fund for unforeseen expenses.
Frequently Asked Questions
What is a Money Bill in the Indian Parliament?
A Money Bill exclusively handles financial matters like taxation and public fund management. The Lok Sabha Speaker's decision on its nature is final.
Can the President reject a bill passed by Parliament?
Yes, the President can withhold assent or return a bill for reconsideration. However, Money Bills cannot be returned, and re-passed bills require assent.
What is the purpose of the Annual Financial Statement?
The Annual Financial Statement, or Budget, details the government's estimated receipts and expenditures for the upcoming financial year, ensuring parliamentary financial oversight.
How long can a Presidential Ordinance remain in effect?
An ordinance remains in force for six weeks from Parliament's reassembly if not approved. The President can also withdraw it at any time.
What are the three main public funds in India?
India has the Consolidated Fund (revenues/expenditures), the Public Account (deposits/remittances), and the Contingency Fund (unforeseen expenses).
