The Legislature

Parliament and State Legislature

Anurag Deep,
LL.M.[BHU] PhD[Gorakhpur]
Professor, Indian Law Institute, New Delhi
Youtube- Anuragdeep ILI
9654629241
 Constitutional Law II

Module 1: The Union and State Executive

Module 2: Parliament and State Legislatures

Module 3: The Union Judiciary

Module 4: The State Judiciary

Module 5: Center-State Relations

Module 6: Other Provisions

 PART V UNION

CHAPTER -I.----EXECUTIVE
CHAPTER-II.—PARLIAMENT 79-122
CHAPTER III.—LEGISLATIVE POWERS OF THE
PRESIDENT
CHAPTER IV.—THE UNION JUDICIARY
CHAPTER V.—COMPTROLLER AND AUDITOR-
GENERAL OF INDIA
 PART V- CHAPTER-II.—PARLIAMENT 79-122

7 subheads
General 79-88
Officers of Parliament 89-98
Conduct of Business 99-100
Disqualifications of Members 101-104
Powers, Privileges and Immunities of Parliament and its
Members 105-106
Legislative Procedure 107-111
Procedure in Financial Matters 112-117
Procedure Generally 118-122
 PART V- CHAPTER-II.—PARLIAMENT 79-122

CHAPTER II. PARLIAMENT

General
79. Constitution of Parliament.
80. Composition of the Council of States.
81. Composition of the House of the People.
82. Readjustment after each census.
83. Duration of Houses of Parliament.
84. Qualification for membership of Parliament.
85. Sessions of Parliament, prorogation and dissolution.
86. Right of President to address and send messages to Houses.
87. Special address by the President.
88. Rights of Ministers and Attorney-General as respects Houses.
 PART V- CHAPTER-II.—PARLIAMENT 79-122

Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of States.
90. Vacation and resignation of, and removal from, the office of Deputy Chairman.
91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to
act as, Chairman.
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal
from office is under consideration.
93. The Speaker and Deputy Speaker of the House of the People.
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to
act as, Speaker.
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from
office is under consideration.
97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy
Speaker.
98. Secretariat of Parliament.
 PART V- CHAPTER-II.—PARLIAMENT 79-122

Conduct of Business
99. Oath or affirmation by members.
100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
Disqualifications of Members
101. Vacation of seats.
102. Disqualifications for membership.
103. Decision on questions as to disqualifications of members.
104. Penalty for sitting and voting before making oath or affirmation
under article 99 or when not qualified or when disqualified.
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.
106. Salaries and allowances of members
 PART V- CHAPTER-II.—PARLIAMENT 79-122

Legislative Procedure
107. Provisions as to introduction and passing of Bills.
108. Joint sitting of both Houses in certain cases.
109. Special procedure in respect of Money Bills.
110. Definition of “Money Bills”.
111. Assent to Bills.
Procedure in Financial Matters
112. Annual financial statement.
113. Procedure in Parliament with respect to estimates.
114. Appropriation Bills.
115. Supplementary, additional or excess grants.
116. Votes on account, votes of credit and exceptional grants.
117. Special provisions as to financial Bills.
 PART V- CHAPTER-II.—PARLIAMENT 79-122

Procedure Generally
118. Rules of procedure.
119. Regulation by law of procedure in Parliament in relation
to financial business.
120. Language to be used in Parliament.
121. Restriction on discussion in Parliament.
122. Courts not to inquire into proceedings of Parliament
 PART V- CHAPTER-II.—PARLIAMENT 79-122

79. Constitution of Parliament.

80. Composition of the Council of States-
81. Composition of the House of the People.
82. Readjustment after each census.
83. Duration of Houses of Parliament.
84. Qualification for membership of Parliament.
85. Sessions of Parliament, prorogation and dissolution.
86. Right of President to address and send messages to Houses.
87. Special address by the President.
88. Rights of Ministers and Attorney-General as respects
Houses.
 LEGISLATURE- a perspective

UNION AND STATE legislature

Pass an enactment
Making law and making enactment - is it same?
Is Rule of NATURAL JUSTICE essential for legislature?
Should the legislature seek views of affected persons?
Charan Lal Sahu v. Union of India, 1989
Representative for natural justice
Impracticality
Legislatures - lacking seriousness in enactment
No quorum, no discussion, frequent amendment
 PART V- CHAPTER-II.—PARLIAMENT 79-122

79. Constitution of Parliament.

80. Composition of the Council of States-
(1)12+238, [233]

(2)4th schedule -[Article 4(1)/80(2)] Allocation of seats- Council of States

(3)12 - literature, science, art, social service, - special knowledge or practical experience

(4)Electoral college- MLA, elected, LA-VS only -Single transferable vote, proportional
representation - indirect election
(5)By law RPA
2003- S 3- - India - residential requirement
2006- Kuldeep Nayar v Union of india- 5J -
Representatives from that State vis a vis from any State,
federal vis a vis national integration
Not violates federalism, basic structure theory
Open Ballot, democracy, basic structure theory
83- cannot be dissolved, 2 year, ⅓
 PART VI THE STATES

CHAPTER II. THE EXECUTIVE 152

CHAPTER III.—THE STATE LEGISLATURE 168

Article 168 --
Gov.+ 1 house [VS]-LA
Gov.+ 1 house [VS]LA+ 2nd house LC
Andhra Pradesh, Bihar, Madhya Pradesh, Maharashtra, Karnataka, TN,
Telangana, UP

169. Abolition or creation of Legislative Councils in States

L Ass, 2020- resolution by majority of total membership + ⅔ of voting
Haryana - 90,
Parliament -
Not amendment under article 368
 Legislature -State

170. Composition of the Legislative Assemblies

L Ass- 60-500 -election 5yr+1
171-LC-40--⅓ of L Asse 6 year, ⅓, no dissolution 172
403,---- 100

⅓ Members of municipalities, district boards and local authorities

1/12 Graduate
1/12 Teachers - secondary school
⅓ MLA- L Asse
Rest Governor - how much
Literature, science, art, co-operative movement and social service

Article 173
Qualification - citizen, oath, 25/30, RPA
MP
RS- CoS- 238 elected+ 12 nominated- article 80 [233 elected, ]
LS-HoP-- 530+20=550 (543)
Elected MPs==== 550+238= 778

81. Composition of the House of the People

LS-HoP-- 2 +[530+20]=550 (543)
Direct election
Anglo indian Nomination, removed -104 amendment, 2019

5 year, +1 -83
Qualification -- 84
Citizen oath, 25/30,
other qualification
Voter anywhere, criminal background
Right of PRESIDENT vis a vis representatives house 85-86
When house holds session
85- President - [PM advice]
174- Gov
Start-Summon both house- 6 months
End of session both house- prorogation
End of LOK SABHA- dissolution
Suspension or adjournment - by chair not president
85 vis a vis 105
Indira Gandhi v Rajnarayan, 1975
preventive detention law
Rights argument -stop session till we join
Sessions legality
Bill pass
Conclusive proof
judicial review - substantive/ procedure/ sufficiency
105 immunity --
civil or criminal or both
 86-- President 175 Governor
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.
Right to address any house, both,
Attendance of MPs--

K. Anandan Nambiar And Another vs Chief Secretary, Government Of Madras, 1965- 5J

MPs, Defence of India Rules 1962
(i) rule invalid -MLAs cannot be detained, constitutional rights to attend session;
(ii)Order passed to stifling political activities against State Government.
iii) Orders by CM lacks necessity of detention

Collective Rights under constitution, 79, 85, 86 and 100(1) do not make it fundamental right,
Privilege to speak available inside session
Preventive detention order- MLA = common person
Right of President only
86-- President -
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.
Right to address any house, both,
Attendance of MPs--
K. Anandan Nambiar And Another vs Chief Secretary, Government Of Madras, 1965- 5J
MPs, Defence of India Rules 1962
(i) rule 30(1) (b) was invalid MLAs cannot be detained so as to prevent him from exercising their
constitutional rights as such legislator while house in session; and-
(ii) the impugned orders were passed mala fide as they were passed for the purpose of
stifling political activities which were inconvenient to the State Government.
iii) Orders passed by the Chief Minister without satisfying himself of the necessity of
detaining the
petitioners merely because the Union Home Minister thought that the petitioners should be detained.

Collective Rights under constitution, 79, 85, 86 and 100(1) do not make it fundamental right,
Privilege to speak available inside session
Preventive detention order- MLA = common person
 Duty of president to house - Gov 176

87- special address-

After election
Beginning of each year
Priorities and policy of government
Debate on president speech, amendment
Thanks by ministers or PM
Voting -
Rules of Procedure and Conduct of Business in
Parliament,

88- right of minister and AtG [105 to AtG] article 177 Adv Gen
Parliament Secretariat -98 - recruitment rules
Oath by MPs - 99 -President -- why not speaker?
Oath essential even if MP in custody, Rajesh Ranjan V Bihar, 2000
Voting -- 100
By simple majority, Speaker-only casting vote
Vacancy - immaterial,
vote by non MP- valid, - penalty 500/ day, [104]
Quorum - 1/10
120- Parliament
Hindi or eng , mother tongue - permission
121- conduct of judge
122- prohibits court inquiry
MSM Sharma v Sree Krishna Sinha - procedure not strictly followed,
Ram Das Athawale v union of india - adjournments, its duration
 Article 100 Parliament decision making - General majority [GM]and special majority [SM]

GM -- 50%+1 -those voting, minimum can be? 100[1]

189- State legislature
SM ---- [not in 100]
A. 50%+1- total membership, minimum can be?
RS-Chairman removal, [67(b)], Dy Chr[90-c]
LS-Speaker/Dy Sp
B. Majority of Total Membership
AND
⅔ present and voting LS/RS
Article 368, SUPREME COURT, HIGH COURT;
CEC,
169 -LC- creation, abolition
Half of States
C. ⅔ present and voting- RS,
All India Services, [218]Laws on State list[249]
RS- 99 present. = 99x2/3 =66
--suppose only 27 are present ???
D. ⅔ total membership L/RS
President impeachment 61(2)(b)
⅔ of 543=2x181=364

What are various legislative process where nominated member can or

cannot vote?
 Article 100 Parliament decision making - General majority [GM]and special majority [SM]

GM means -- 50%+1 -those voting, minimum can be?

SM means----
A. 50%+1- total membership, minimum can be?
RS-Chairman removal, [67(c)], Dy Chapter[90-c]
LS-Speaker/Dy Sp
B. Majority of Total Membership LS [543/2=272]+[1]= 273
………………………………………………RS[233+12=245/2=123]+[1]=124
AND
⅔ present and voting LS/RS…………suppose LS-420 are present =
420 x 2/3 = 140x2=280
Article 368, SUPREME COURT, HIGH COURT; CEC, 169
C. ⅔ present and voting- RS,
All India Services, [218]Laws on State
list[249]
RS- 99 present. = 99x2/3 =66
--suppose only 27 are
present ???
D. ⅔ total membership L/RS
President impeachment 61(2)(b)
⅔ of 543=2x181=364
 Legislative procedure 107-111: Parliament / 196-201-States Lr -VM

Bills
Constitution - power?
Other enactment - power?
Constitution -
368 or without 368 power?
Other enactments
Non MB
MB
Bill in any house: 107-Parliament 196
State legr
Exception 109[MB] 117[FB]
198/207
107(2) Bill has to pass both house 196(2)
 Private Member Bills

V. Vijayasai Reddy, Member of Parliament, Rajya Sabha, 2017

Article 21 B. (1) The State shall provide health protection to all citizens which shall include;
(a) prevention, treatment and control of diseases;
(b) access to essential medicines;
(c) maternal, child and reproductive health;
(d) access to basic health services;
(e) access to emergency medical treatment; and
(f ) access to mental healthcare.
Provided that the State in such manner as deemed fit, shall provide the above objectives
for every citizen by earmarking not less than eight per cent of the annual estimated
receipts of the State for healthcare
The Indian Penal Code (Amendment) Bill, 2011 by D.Raja, Rajya Sabha
The Indian Penal Code (Amendment) Bill, 2012 By Baijayant Panda, Bill No. 129, 2012
The Indian Penal Code (Amendment) Bill, 2015 By Shashi Tharoor
The Indian Penal Code (Amendment) Bill, 2016 By. Saugata Roy, M.P. Bill No. 74
The Indian Penal Code (Amendment) Bill, 2016 By Bhartruhari Mahtab, M.P. Bill No. 75
Private - -previous notice to house
(i) Ordinary Bills (Article 107);
(ii) Financial Bills viz. subset of Ordinary Bills (Article
117);
(iii) Money Bill viz. subset of Financial Bills (Article
110)./ article 199
 BILLS PROCEDURE under rules

1. First Reading
(i) motion to introduce a Bill in the House,
Bill is introduced;
or(ii) if Bill passed by the other House, transmitted to 2nd HAVE, laying on the Table of
the House of the Bill,
2. Second Reading
"First Stage" -
Bill be taken into consideration; or
to be referred to a Select Committee of the House; or
To be referred to a Joint Committee of the Houses with the concurrence of the other
House; or
Bill be circulated for the purpose of eliciting opinion.
"Second Stage" -After 1st stage, clause by clause consideration of the Bill,
3. Third Reading
discussion on the motion that the Bill be passed.
4. submitted to President for his assent.
5. assent of the President,
 BILLS PROCEDURE under rules

Second Reading
"First Stage" -
a. Bill be taken into consideration; or
b. to be referred to a Select Committee of the House; or
1993- 16LS and 8 RS
c. To be referred to a Joint Committee of the Houses with the concurrence of the
other House; or
Clause by clause
d. Bill be circulated for the purpose of eliciting opinion.
"Second Stage" -After 1st stage, clause by clause consideration of the Bill,
1. Third Reading
discussion on the motion that the Bill be passed.
2. submitted to President for his assent.
3. assent of the President,

https://sansad.in/ls/legislation/introduction
 Legislative procedure -Pending and Lapse 107/196

107 (3) A Bill pending in Parliament [L/RS] shall not lapse by

reason of the prorogation of the Houses.
Session ends, Bill does not end or lapse
(4) Bill pending in RS, not passed by LS - LS dissolves, Bill
survives
(5) Bill pending in LS
or passed in LS, Pending in RS, - LS dissolves, Bill lapse
Exception 108
Bill passed by both house, pending assent
Purushothaman Nambudiri vs State of Kerala, 1961
 BILLS -presumption as to passage 107 [197- STATE LEGISLATURE]

General Bills - 107

Initiated in L/RS, has to pass by both, no presumption
Exception as to presumption
Joint sitting,
108 Any Bill except [M/FB],if in joint sitting-
presumption
109 M/F Bills ------ initiated in LS only, RS or CoS can
recommend, presumption
 HOW BILLS TO INTRODUCE AND PASS IN PARLIAMENT

107. Provisions as to introduction and passing of Bills-

(1) Subject to the provisions of articles 109 and 117 with respect to Money Bills and
other financial Bills, a Bill may originate in either House of Parliament.
(2) Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have
been passed by the Houses of Parliament unless it has been agreed to by both Houses,
either without amendment or with such amendments only as are agreed to by both
Houses

(3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the
Houses.
(4) A Bill pending in the Council of States which has not been passed by the House of
the People shall not lapse on a dissolution of the House of the People. (5) A Bill which is
pending in the House of the People, or which having been passed by the House of the
People is pending in the Council of States, shall, subject to the provisions of article 108,
lapse on a dissolution of the House of the People.
 Joint Sitting-JS 108-Parliament /197 - state legislature

108- Bill passed by 1 house

Not passed by 2nd [168- 6-LC]
Dispute on amendment
6 month [3 month- ]
President summon JS
Presided by speaker, 118[4] why not Chairperson-
RS?
majority = total number of MPs present and voting
 Joint Sitting-JS State legislature - 197 no joint sitting

108- Bill passed by 1 house [of PARLIAMENT ] 197[passed by LA- State LA] ACCESSED ON
SEPT, 2020-]
Not passed by 2 not passed by H2-LC or
Dispute on amendment Dispute on amendment
6 month 3 months
President summon JS NO Joint sitting -
majority = total number of MPs present and voting
LS-543= 273
BJP- 240, NDA- 293, Others- 4

RS-245= 123
……………….. BJP-86, NDA-101
Parliament 788
Majority = 788x1/2 =394+1=395

Joint sitting [293+4]+101=398

 Article 197 legislature of State- for any BILL except MB

Passed by Legislative Assembly

Rejected by LC or
Silence for 3 month or
Dispute on amendment
L Ass- to pass again 2nd time
Transmit to LC [Legislative Council or Vidhan Parishad]
Rejected by LC or
silence-1 month or
Dispute on amendment
Deemed to pass [presumption]- symbolic role of LC-VP
No joint sitting
No presumption for money bill
 Difference between upper house in Union and States

Council of States Legislative Council

1. Parliament 1. States -selected 6
2. RS 2. VP
3. Bills to be passed by RS essentially 3. Bills to be passed by LC, not
4. RS can dispute a Bill effectively essentially
5. Parliament cannot presume passage 4. LC- can dispute a Bill ineffectively
by RS 5. Legislative assembly can presume
6. Joint sitting 6. No joint sitting
7. No presumption of passage 7. Presumption of passage
 Non financial and financial Bills

Financial Bills--
MB 110
FB 117
 What Money Bill-- 109,110,117/ 198, 199, 207

110/199- definition MB
109/198-Procedure
117/207- pre consent, upper house
What is MB- 110
● Tax
● Money borrow, guarantee, financial obligation by Government of india
● Consolidated, [266]contingency funds,[267]
● Speaker- whether MB or not
● Certification of MB, - before RS, or Pdt , why?
Not MB- expressly
Fine, penalty,
licence fee
tax of local authority
Not MB
Speaker
 how-MB 109- Special procedure in respect of Money Bills.-198

Prior recommendation of president/governor -, 117(1)/207(1)

Presented -LS only 109(1),117(1)/198(1),207(1)
Sent to RS-
No amendment -return 109(2)
Amendment - return 109(2)
no return
14 days 109(2) 198(2)
Deemed pass 109(5) 198(5)
Assent of president/governor 111/200 proviso
No discretionary power, only assent
 Financial Bill

two categories,
1. those which come under definition of a Money Bill but do not consist solely of these
matters; [117(1)]and
2. those which involve expenditure from the Consolidated Fund of India. [117(3)]
117 (1)
pre recommendation of the President
no recommendation-amendment for reduction or abolition of any tax,
only in Lok Sabha
RS recommendatory body
117(3)
pre recommendation of the President
only in Lok Sabha introduction in any house
Recommendation before passage by any house
RS - equally powerful
Banking Regulation Act, Companies Act
Finance Bill generally seeks approval of the Parliament for
raising resources through taxes, cess etc.,
Appropriation Bill seeks Parliament's approval for the
withdrawal from the Consolidated Fund of India to meet
the approved expenditures of the Government.

Both Finance Bill and Appropriation Bill are money bills.

MONEY BILL
110/199 FINANCIAL BILL -117/207
Only matters limited to 110 117(1)-FB-I, FB-II
pre recommendation, Goes beyond 110
President- 117(1) President pre recommendation
Governor-207(1)
117(1) - yes
Speaker certifies
Only in LOK SABHA-117(1)/ Vidhan Sabha 117(3) - no
207(1) speaker does not certifies
RS cannot amend or reject 117(1) in LS 117(3) in both houses
President 111 proviso/ Governor(200 RS can amend or reject
proviso) cannot return
President can return
 Non money bill -Governor power

200. Assent to Bills.—When a Bill has been passed by the Legislative Assembly of a State or, in
the case of a State having a Legislative Council, has been passed by both Houses of the
Legislature of the State, it shall be presented to the Governor and the Governor shall declare
either that he assents to the Bill or that he withholds assent therefrom or that he reserves the
Bill for the consideration of the President:
Provided that the Governor may, as soon as possible after the presentation to him of the Bill for
assent, return the Bill if it is not a Money Bill together with a message requesting that the House
or Houses 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 House or Houses shall reconsider the Bill
accordingly, and if the Bill is passed again by the House or Houses with or without amendment
and presented to the Governor for assent, the Governor shall not withhold assent therefrom:
Provided further that the Governor shall not assent to, but shall reserve for the consideration of
the President, any Bill which in the opinion of the Governor would, if it became law, so derogate
from the powers of the High Court as to endanger the position which that Court is by this
Constitution designed to fill.
 Non money bill -Governor power

200. Assent to Bills.—

Governor shall declare any
a. he assents
b. he withholds assent
c. he reserves the Bill for President
d. return the Bill for specific amendments
e. Houses shall reconsider the Bill accordingly
f. Bill is passed again by the House with or without amendment
g. Governor shall not withhold assent
h. Governor shall not assent to, but reserve for the consideration of
President, Bill derogate powers of the High Court
 NEW CASES

State of Punjab vs Principal Secretary, Governor of

Punjab, 10 November, 2023
Government - convene budget session,
Governor - refused
Government - Bills, Money Bills
[174. Sessions of the State Legislature, prorogation and
dissolution.
(1) The Governor shall from time to time summon the
House or each House of the Legislature of the State 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 Governor may from time to time
(a) prorogue the House or either House;
(b) dissolve the Legislative Assembly.
 NEW CASES

State of Punjab vs Principal Secretary To The

Governor of Punjab, 10 November, 2023
On Feb 22 Government of Punjab forwarded a recommendation to Governor of
Punjab, pl summon Punjab Vidhan Sabha for Budget Session- 3 March 2023.
The Governor refusal to do so, on the ground that he was seeking legal advice,
Article 32 filed on 25 February 2023.
28 February 2023, SUPREME COURT
“There was no occasion to seek legal advice on whether or not the Budget
Session of the Legislative Assembly should be convened. The Governor was
plainly bound by the advice tendered to him by the Council of Ministers.”
 State of Punjab vs Principal Secretary To The Governor of Punjab, 10 November 2023

4 Bills passed- 19 and 20 June 2023

(i) The Sikh Gurdwaras (Amendment) Bill 2023;
(ii) Punjab Affiliated Colleges (Security of Service)
(Amendment) Bill 2023;
(iii) Punjab Universities Law (Amendment) Bill 2023;
and
(iv) Punjab Police (Amendment) Bill 2023
No action was taken by the Governor on these Bills.
Governor-Bills passed in extended Budget session, is extension
legal? - NO
 State of Punjab vs Principal Secretary To The Governor of Punjab, 10 November 2023

three Money Bills were to be introduced :

(i) The Punjab Fiscal Responsibility and Budget
Management (Amendment) Bill, 2023;
(ii) The Punjab Goods and Services Tax (Amendment)
Bill 2023; and
(iii) The Indian Stamp (Punjab Amendment) Bill 2023
Asked for recommendation of Governor-Article 207(1)
Governor- Earlier session was illegal, first resolve it,
then MB
2nd petition 32
(a) A declaration -Sessions on 19 -20 June 2023 and 20 October 2023, Punjab
Vidhan Sabha are legal and
(b) A mandamus - seven Bills - pending by the Governor including the 3 Money
Bills
Governor --assented [207(1)]
the Punjab Goods and Services Tax (Amendment) Bill 2023; and the
Indian Stamp (Punjab Amendment) Bill 2023,
ISSUES
first, whether the Governor can withhold action on Bills byLegislature; and
second, whether it is legal for Speaker to reconvene a Vidhan Sabha adjourned
but has not been prorogued.
 State of Punjab vs Principal Secretary To The Governor of Punjab, 10 November 2023

Can he withheld like veto?

The Governor has right or power to withheld the Bill -
200
He shall declare whether he is withholding
Then return Bill as early as possible
With his reasonings as to amendments
He cannot withhold it and not return it
veto to unelected
Against democratic principles
 State of Punjab vs Principal Secretary To The Governor of Punjab, 10 November 2023

Can speaker convene new session after sine die?

Prorogation and suspension of session different
Two sitting in one session
Conventions- previous example
Rules of Procedure of Punjab legislature
The validity of the proceedings and business transacted
Ramdas Athawale v. Union of India (2010) 4 SCC 1 cb
“…in the House after resumption of its sittings cannot be tested and gone
into by this Court in a proceeding under Article 32 of the Constitution of
India.”
Judgement -3J
Sitting was valid,
Speaker has jurisdiction
Governor cannot go beyond article 200/ 201
In MB case he has no discretion
In non money bill case his discretion is very limited
 JUSTICE PUTTASWAMI V union of india, 26 sept 2018 Money Bill?

Privacy judgement- 24 Aug 2017, 9J- unanimous

AADHAR judgement -26 Sept, 2018, 5J- 4:1

The Aadhaar Act -validly passed as a Money Bill
a. The term ‘targeted delivery of subsidies’ contemplates an expenditure
of funds from the Consolidated Fund of India. Aadhaar Act within Money
Bill
b. Sections 7, 24, 25, Preamble of Act also support its classification as a
Money Bill;
c. The Aadhaar Act has ancillary provisions, but they are related to the
pith and substance of the legislation which is the targeted delivery of
subsidies and benefits; and
d. Section 57 of the Act is saved by Article 110 (1) (g) of the Constitution
as it is a standalone provision and even if a Bill is not covered under
clauses (a) to (f) of Article110(1), it can still be covered under Article110
(1) (g).
 JUSTICE PUTTASWAMY V union of india, 2018 Money Bill? 4:1

(i) whether the decision of the Speaker, LS u. Art 110(3), to certify a bill as a
‘Money Bill’ [Art 110(1)] is final and binding, or can be subject to judicial review;
and
(ii) if the decision is subject to judicial review, whether the Aadhaar Act, 2016 had
been correctly certified as a ‘Money Bill’

A. first question, majority ( through Dr Justice A.K. Sikri) -“[j]udicial review [of
whether a Bill is a ‘Money Bill’] would be admissible under certain
circumstances”
B. second question, -Section 7 of the Aadhaar Act had elements of a ‘Money
Bill’, and the other provisions were incidental to the ‘core’ of the Aadhaar Act.
Hence, Aadhaar Act is ‘Money Bill’ under Article 110(1).

Beghar Foundation V. Justice K.S. Puttaswamy, Review rejected, 4:1

Section 7. Proof of Aadhaar number necessary for receipt of certain subsidies,
benefits and services, etc.
The Central Government or, as the case may be, the State Government may, for
the purpose of establishing identity of an individual as a condition for receipt of a
subsidy, benefit or service for which the expenditure is incurred from, or the
receipt therefrom forms part of, the Consolidated Fund of India, 1[or the
Consolidated Fund of State] require that such individual undergo authentication,
or furnish proof of possession of Aadhaar number or in the case of an individual to
whom no Aadhaar number has been assigned, such individual makes an
application for enrolment:
Provided that if an Aadhaar number is not assigned to an individual, the individual
shall be offered alternate and viable means of identification for delivery of the
subsidy, benefit or service.
 Rojer Mathew v South Indian Bank Ltd, 2020, CB 5

Finance Act, 2017 (relating to appointments to Tribunals and

the conditions of service of members)
Raised doubts on both Questions,

Kantaru Rajeevaru (Right to Religion, In re-9 J.) v Indian Young

Lawyers Assn. (2020) 9 SCC 121 ,
a reference could be made to a larger bench in a pending
review petition.

New bench of 7J -Oct 2024

 Assent by President 111 or Governor 200

President -
Assents or with holds, or return
MB- cannot return or withhold
If returns
Reconsider Bill, provision
Consider amendment as suggested
Parliament to reconsider bill
Passes bill with or without amendment
President cannot withhold
Parliament (Prevention of Disqualification) Act 1959 -Kalam returned

https://www.indiatoday.in/magazine/nation/story/20060612-president-kalam-refu
sal-to-approve-office-of-profit-bill-takes-govt-by-surprise-782900-2006-06-11
 FUNDS Under CONSTITUTION

Consolidated funds 266

Public accounts 266
Contingency funds 267
Consolidated Fund of India (CFI) : fund u/a 266 (1) into which all
receipts, revenues and loans flow. Revenue Account (Revenue
Receipts and Revenue Expenditure) and Capital Account (Public
Debt and Loans, etc.).
Contingency Fund of India : for unforeseen expenditure, pending
authorisation of such expenditure by Parliament by law, under,
Article 115 or Article 116 of the Constitution.
 FUNDS Under CONSTITUTION

Consolidated funds 266

Public accounts 266
Contingency funds 267
Consolidated Fund of India (CFI) : The fund constituted under Article 266 (1) of the
Constitution of India into which all receipts, revenues and loans flow. All expenditure
from the CFI is by appropriation: voted or charged. It consists of two main divisions,
namely, Revenue Account (Revenue Receipts and Revenue Expenditure) and Capital
Account (Public Debt and Loans, etc.).
Contingency Fund of India : Parliament has by law established a Contingency Fund in
the nature of an imprest into which is paid from time to time such sums as may be
determined by such law, and the said fund is placed at the disposal of the President to
enable advances to be made by him out of it for the purpose of meeting unforeseen
expenditure, pending authorisation of such expenditure by Parliament by law, under,
Article 115 or Article 116 of the Constitution.
Appropriation-- money set aside by formal action for a
specific use
Appropriation Bill gives power to the government to withdraw funds
from the Consolidated Fund of India for meeting the expenditure
 PART V- CHAPTER-II.—PARLIAMENT 79-122

Officers of Parliament
89. The Chairman and Deputy Chairman of the Council of States.
90. Vacation and resignation of, and removal from, the office of Deputy Chairman.
91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to
act as, Chairman.
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal
from office is under consideration.
93. The Speaker and Deputy Speaker of the House of the People.
94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to
act as, Speaker.
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from
office is under consideration.
97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy
Speaker.
98. Secretariat of Parliament.
 PART V- CHAPTER-II.—PARLIAMENT 79-122

Conduct of Business
99. Oath or affirmation by members.
100. Voting in Houses, power of Houses to act notwithstanding
vacancies and quorum.
Disqualifications of Members
101. Vacation of seats.
102. Disqualifications for membership.
103. Decision on questions as to disqualifications of members.
104. Penalty for sitting and voting before making oath or affirmation
under article 99 or when not qualified or when disqualified.
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.
106. Salaries and allowances of members
 Officers of the State Legislature
178. The Speaker and Deputy Speaker of the Legislative Assembly.
179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act
as, Speaker.
181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from
office is under consideration.
182. The Chairman and Deputy Chairman of the Legislative Council.
183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy
Chairman.
184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to
act as, Chairman.
185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal
from office is under consideration.
186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy
Chairman.
187. Secretariat of State Legislature.
 STATE LEGISLATURE - OFFICERS

Conduct of Business
188. Oath or affirmation by members.
189. Voting in Houses, power of Houses to act notwithstanding vacancies and
quorum.
Disqualifications of Members
190. Vacation of seats
191. Disqualifications for membership.
192. Decision on questions as to disqualifications of members.
193. Penalty for sitting and voting before making oath or affirmation under article
188 or when not qualified or when disqualified.
Powers, privileges and immunities of State Legislatures and their Members
194. Powers, privileges, etc., of the Houses of Legislatures and of the members and
committees thereof.
195. Salaries and allowances of members.
 Officers of Parliament RS 89-92 182-185

89- Chairman CoS ------pre determined 182-chosen by

Vidhan Parishad -LC

they are essentially MLC

Tenure chairman -- VP
183
Removal by RS [CoS] majority all members ie 245 [not present and voting] + LS
agrees
66- VP elected by both houses
92. The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration-- natural justice

185- same

chairman right to speak but cannot vote-not member of RS

 Officers of Parliament RS 89-92 182-185

89- Chairman CoS ------pre determined 182-chosen

by Vidhan Parishad -LC
Deputy Chairman - choice of CoS
they are essentially MLC
90- tenure -Dy Chairman
183- both
RS membership, resign, removed by all the then members, 14 day notice
same
Tenure chairman -- VP
183
Removal by RS [CoS] majority all members ie 245 [not present and voting] + LS agrees
66- VP elected by both houses
91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as,
Chairman
92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from
office is under consideration-- natural justice 185-
same
(2) chairman right to speak but cannot vote-not member of RS 185(2) can vote at first instance
 Officers of Parliament LS 93 178- State legislature

93- Speaker, Dy Speaker LS 178-chosen

by Vidhan Sabha-LAss
choice of LS -choose
they are essentially MLC
94- tenure -
179- both
Not MP-LS, resign, removed by all the then members, 14 day notice
same
Tenure speaker-- till next LS 1st session 179

95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as,
Speaker
180
96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is
under consideration-- natural justice 181- same
(2) Speaker right to speak, can vote on 1st instance 181(2) can vote at first instance
 Officers of Parliament LS 93 178- State legislature

93- Speaker,
178-chosen by Vidhan Sabha-LAss
choice of LS -choose
they are essentially MLC
94- tenure -
179- both
Not MP-LS, resign, removed by all the then members, 14 day notice
same
Tenure speaker-- till next LS 1st session 179

96. The Speaker or the Deputy Speaker not to preside while a resolution for his
removal from office is under consideration-- natural justice
181- same
(2) Speaker right to speak, can vote on 1st instance 181(2) can vote at first
 HOURS

QUESTION hours
11-12 pm -LS, 12--1- RS
Starred Questions : green paper
a member wishes to have an oral answer, distinguished by an asterisk.
Unstarred Questions: white paper
not oral answer, the written answer laid on the Table.
Short Notice Questions: pink paper
urgent public importance asked for oral answer by a Member, shorter notice than 15 days, reasons
Supplementary Questions :
an answer already given, Chairman permits any additional question
Questions to private members yellow paper

ZERO hours
11-12- RS, LS - 12-1
MPs can raise urgent matters of public importance, Immediately, notice 2 hours
2014

https://sansad.in/rs/questions/general-information
https://loksabhadocs.nic.in/our%20parliament/Question%20Hour%20in%20Lok%20sabha.pdf
 Disqualification 101-104---- 190-193

101--No dual membership 190

60 days
102- disqualification 191
Office of profit
Unsound
Insolvent
Not citizen
Disqualified by law
Crime
Defection 10th schedule
President + EC view mandatory to follow 192 Governor+ECI
Boss follows his subordinate
 OFFICE OF PROFIT

Elements
(1) under the Government of India or any State;
(2) the office should be an 'office of profit' and
(3) the office should be other than an office declared by Parliament by law not to disqualify its
holder. [not state legislature ]

"Prevention of Disqualification Act, 1959

Mahadeo vs Shantibhai, 1968- Railway lawyer as MLA

An office of profit really means an office in respect of which a profit may accrue. It
is not necessary that it should be possible to predicate of a holder of an office of
profit that he was bound to get a certain amount profit irrespective of the duties
discharged by him.
 OFFICE OF PROFIT

Mahadeo vs Shantibhai
Shibu Soren
Jaya Bachchan
Consumer Education & Research Society
 CASE LAWS- OFFICE OF PROFIT

Shibu Soren v Dayanand Sahay, 2001

Shibu Soren -Chairman of the Interim Jharkhand
Area Autonomous Council (for short 'JAAC' )
u/Jharkhand Area Autonomous Council Act, 1994
Position under Act, powers, duties etc
Provision of 1750/month not compensatory in nature.
He was elected as MP-RS
-disqualified to contest election to Rajya Sabha.
 Jaya Bachchan vs Union of India, 2006 OFFICE OF PROFIT

In 2004 Jaya became MP of RS,

--also Chairperson of Uttar Pradesh Film Development Council -
Cabinet Minister.
Holding an office under the Central or State Government to which
some pay salary, emolument, remuneration or non-compensatory
allowance is attached, is `holding an office of profit'.
the office carried with it a monthly honorarium of Rs. 5000,
entertainment expenditure of Rs. 10,000., staff car with driver.,
telephones at office and residence, free accommodation and medical
treatment facilities to self and family members, apart from other
allowances etc. That these are pecuniary gains, cannot be denied. The
fact that the petitioner is affluent or was not interested in the
benefits/facilities given by the State Government or did not, in fact,
receive such benefits till date, are not relevant to the issue.
 No office of profit

Consumer Education & Research Society vs Union Of India,2009

Bachchan impact -- ice ball

"Prevention of Disqualification Act, 1959 amendment 2006

President Kalam

Objective --either incompatible with his/her duty as an elected representative of the

people, or affect his/her independence, and thus weaken the loyalty to his/her constituency
and, therefore, should disqualify the holder

Issue- A law saving disqualification can be operative from back date ?

Yes
 PRIVILEGES

Erskine May, Parliamentary privilege is the sum of certain rights enjoyed by each House
collectively... and by members of each House individually, without which they could not
discharge their functions, and which exceed those possessed by other bodies or
individuals. Some privileges rest solely on the law and custom of Parliament, while
others have been defined by statute. Certain rights and immunities such as freedom
from arrest or freedom of speech belong primarily to individual members of each
House and exist because the House cannot perform its functions without unimpeded
use of the services of its members. Other rights and immunities, such as the power to
punish for contempt and the power to regulate its own constitution belong primarily to
each House as a collective body, for the protection of its members and the vindication
of its own authority and dignity. Fundamentally, however, it is only as a means to the
effective discharge of the collective functions of the House that the individual privileges
are enjoyed by members.
https://cms.rajyasabha.nic.in/UploadedFiles/Procedure/RajyaSabhaAtWork/English/24
4-310/CHAPTER8.pdf
 PRIVILEGES

Parliamentary privilege, codified in Articles 105 and 194 of the

Constitution, is integral to deliberative democracy in facilitating the
functioning of a parliamentary form of governance. It ensures that
legislators in whom citizens repose their faith can express their views
and opinions on the floor of the House without ‘fear or favour’. With
the protection of parliamentary privilege, a legislator belonging to a
political party with a minuscule vote share can fearlessly vote on any
motion; a legislator from a remote region of the country can raise issues
that impact her constituency without the fear of being harassed by legal
prosecution; and a legislator can demand accountability without the
apprehension of being accused of defamation.
CJI, DY Chandrachud in Sita Soren v UoI [cb-4 march 2024]
 Privileges 105-106/ 194-195

UK History
1512- Strode -MPs, Punished for bringing Bills in
Parliament
1629, Eliot, Hollis, Valentine Seditious speech in Parliament
1689- Bill of Rights
1938- Duncan - privileged information army,
105-- 194
Privileges - special right
Free speech
No liability in court
Any speech or vote given by MP/MLAin the parliament committee
Any true publication by Parliament/ legislature [or about it]
Parliamentary Proceedings (Protection of Publication) Act, 1956
Any one who has right in the parliament -AtG, Advo G,
Minister
 105/ 196

Subject to constitution and rules

121/211- Parliament/ state legislature cannot discuss- conduct of
judge
Rule 380 (“Expunction”) of the Rules of Procedure and Conduct of
Business in Lok Sabha
According to the latest list, words like ‘jumlajeevi’, ‘baal buddhi’, ‘Covid
spreader’, ‘abused’, ‘ashamed’, ‘betrayal’, ‘chamchagiri’, ‘cheated’,
‘Snoopgate’, ‘anarchist’, ‘Shakuni’ among others would be expunged if
used during debates or otherwise in both the Houses. Other words include
‘dodgy’, ‘drama’, ‘false’, ‘eyewash’, ‘fabrication’, ‘fraud’, ‘racist’ etc.

Privilege available inside legislature when session going on

powers, privileges and immunities of State Legr , In re, 1965
A arrest warrant can be issued by a house but it can be
under judicial review
K Ananda Nambiar and R Umanath v. Government of Madras,
1966-
No immunity against a valid order of detention

361A- no liability for publication by anyone except except

malice
freedom of speech in Parliament;
immunity to a member from any proceedings in any court in respect of anything said or any
vote given by him in Parliament or any committee thereof;
immunity to a person from proceedings in any court in respect of the publication by or
under the authority of either House of Parliament of any report, paper, votes or
proceedings.

Courts are prohibited from inquiring into the validity of any proceedings in Parliament on
the ground of an alleged irregularity of procedure. Art. 122(1).
No officer or Member of Parliament empowered to regulate procedure or the conduct of
business or to maintain order in Parliament can be subject to a court’s jurisdiction in respect
of exercise by him of those powers Art. 122(2)
Protection to media Art. 361A.
Code of Civil Procedure, 1908, s. 135A.
CHAPTER XX-A INTIMATION TO CHAIRMAN ABOUT ARREST,
DETENTION, ETC. AND RELEASE OF A MEMBER
222A. Intimation regarding arrest, detention, etc. of Member .
222B. Intimation regarding release of Members
222C. Treatment of communications regarding arrest, detention,
release, etc
A person found guilty of breach of privilege or contempt of the
House -punished by imprisonment, or admonition (warning) or
reprimand, ‘suspension’, ‘expulsion’ from the House.
 Privilege vis a vis fundamental rights

Parliamentary privilege vis a vis article 19(1)(a) - 194 will

prevail?
If 21 vis a vis 194 then 21 will prevail
powers, privileges and immunities of State Legr , In re, 1965
Raja ram Pal v Honble Speaker LOK SABHA, 2007
bribe for questions
Expelled,
Whether Parliament has such privilege to expel them?
This is privilege to punish for contempt,
 Powers, privileges and immunities of State Legr , In re, 1965
Keshav Singh,
full bench - issued habeas corpus, stayed speaker order, bail
UP assembly issued contempt against two judges
Ordered to take bring them in custody to explain
full bench 28 judges stayed speaker order,
President referred the matter under 143
SUPREME COURT- 6:1
1. Interpretation of 194 by courts only
2. 226 can be issued against any authority ie legislature also
a. Any detention order by house does fall in it, there is no exception for
habeas corpus
b. Conduct of judge in discharge of duty cannot be discussed-211, how a
contempt plea in house is possible for discharge of duty
3. Part III vis a vis 194???
Keshav Singh vs Speaker, Legislative Assembly, 1965
Keshav Singh published and circulated something against an MLA in Gorakhpur.
The house held it contempt and he was reprimanded.
He was called to receive reprimand order, he was arrested for it. He argued
that the order of reprimand was nadirshai farman,
He was given 7 day imprisonment and sent to prison. Warrant of committal did
not contain facts constituting the alleged contempt. Keshav Singh through his
Advocate moved a petition of Art. 226 challenging his committal as being in
breach of big fundamental rights; he also prayed for interim bail. The High
Court (Lucknow Bench) gave notice to the Government Counsel for Assembly.
At bail application the Government Counsel did not appear. Beg and Saghal JJ.
who heard the application ordered that Keshav Singh be released on bail
pending the decision of his petition under Art. 226.
 The Legislative Assembly found that Keshav Singh and his Advocate in
moving the High Court, and the two Judges of the High Court in
entertaining the petition and granting bail had committed contempt of the
Assembly, and passed a resolution that all of them be produced before it in
custody. The Judges and the Advocate thereupon filed writ petitions before
the High Court at Allahabad and a Full Bench of the High Court admitted
their petitions and ordered the stay of the execution of the Assembly’s
resolution against them. The Assembly then passed a clarificatory
resolution which modified its earlier stand. Instead of being produced in
custody, the Judges and the Advocate were asked to appear before the
House and offer their explanation. At this stage the President of India made
a Reference under Art. 143(1) of the Constitution
PV Narasimha Rao v. State (CBI/SPE), (1998) 4 SCC 626
“Any vote given”- no liability

Soren v UoI [cb-4 march 2024]

Overrule PV Narsimha Rao
 PRIVILEGES OF HOUSE [NOT INDIVIDUAL]

122. Courts not to inquire into proceedings of Parliament.

(1) The validity of any proceedings in Parliament shall not be
called in question on the ground of any alleged irregularity of
procedure.
(2) No officer or member of Parliament in whom powers are
vested by or 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.
89. The Chairman and Deputy Chairman of the Council of States.
(1) The Vice- President of India shall be ex officio Chairman of the Council of States.
(2) The Council of States shall, as soon as may be, choose a member of the Council to
be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes
vacant, the Council shall choose another member to be Deputy Chairman thereof
64. The Vice-President to be ex officio Chairman of the Council of States….

182. The Chairman and Deputy Chairman of the Legislative Council.—

The Legislative Council of every State having such Council shall, as soon as may be,
choose two members of the Council to be respectively Chairman and Deputy
Chairman thereof and, so often as the office of Chairman or Deputy Chairman
becomes vacant, the Council shall choose another member to be Chairman or Deputy
Chairman, as the case may be.
90. Vacation and resignation of, and removal from, the office of Deputy Chairman.
A member holding office as Deputy Chairman of the Council of States—
(a) shall vacate his office if he ceases to be a member of the Council;
(b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the
Council:
Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been
given of the intention to move the resolution

67(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of
all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of
this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution;
 POWER OF SPEAKER State of Punjab vs Principal Secretary, Governor of Punjab, 10 Nov 2023
28. In view of the above, the Governor of Punjab was not empowered to withhold action on the Bills passed by the
State Legislature and must act “as soon as possible”. In any event, as delineated below, it was legally permissible for
the Speaker to reconvene the Vidhan Sabha because (a) there is a distinction between adjournment and prorogation;
and (b) the Speaker has exclusive jurisdiction over regulating the procedure of the House.

Ramdas Athawale (supra) INTERPRETED ARTICLE 122 -The Constitution Bench observed:
“ 31. The Speaker is the guardian of the privileges of the House and its spokesman and representative upon all
occasions. He is the interpreter of its rules and procedure, and is invested with the power to control and regulate the
course of debate and to maintain order. The powers to regulate the procedure and conduct of business of the House
of the People vests in the Speaker of the House.
The validity of the proceedings and business transacted in the House after resumption of its sittings cannot be tested
and gone into by this Court in a proceeding under Article 32 of the Constitution of India
39. The Court observed that under Article 122(2), the decision of the Speaker in whom powers are vested to regulate
the procedure and conduct of business is final and binding on every Member of the House. Hence, this Court held that
the validity of the Speaker adjourning the House sine die and the later direction to resume sittings could not be
inquired into on the ground of any irregularity of procedure. The Court reaffirmed that the business transacted and the
validity of proceedings after the resumption of sittings of the House pursuant to the direction of the Speaker cannot be
inquired by the courts. This follows the fundamental principle that it is the right of each House of the legislature to be
the sole Judge of the lawfulness of its own proceedings so as to be immune from challenge before a court of law.
 POWER OF SPEAKER

it was legally permissible for the Speaker to reconvene the

sitting of the Vidhan Sabha after it was adjourned sine die
without prorogation. Further, the Speaker was empowered as
the sole custodian of the proceedings of the House to adjourn
and reconvene the House.
For LOK SABHA subject to article 331. Representation of the Anglo-Indian Community in the House of the People.—
Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not
adequately represented in the House of the People, nominate not more than two members of that community to the
House of the People.
334. [Reservation of seats and special representation to cease after certain period]
—Notwithstanding anything in the foregoing provisions of this Part, the provisions of this
Constitution relating to—
(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of
the People and in the Legislative Assemblies of the States; and
(b) the representation of the Anglo-Indian community in the House of the People and in the
Legislative Assemblies of the States by nomination,
shall cease to have effect on the expiration of a period of [eighty years in respect of clause (a)
and seventy years in respect of clause (b)] from the commencement of this Constitution: [104th
amendment 2019]
Provided that nothing in this article shall affect any representation in the House of the People or
in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly,
as the case may be.
RS- CoSs- 80(1)(a) 12 nominated- literature, science, art, social service,
80(3) For LOK SABHA subject to article 331. Representation of the Anglo-Indian Community in the House of the
People.—Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian
community is not adequately represented in the House of the People, nominate not more than two members of that
community to the House of the People.
334. [Reservation of seats and special representation to cease after certain period]
—Notwithstanding anything in the foregoing provisions of this Part, the provisions of this
Constitution relating to—
(a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of
the People and in the Legislative Assemblies of the States; and
(b) the representation of the Anglo-Indian community in the House of the People and in the
Legislative Assemblies of the States by nomination,
shall cease to have effect on the expiration of a period of [eighty years in respect of clause (a)
and seventy years in respect of clause (b)] from the commencement of this Constitution: [104th
amendment 2019]
Provided that nothing in this article shall affect any representation in the House of the People or
in the Legislative Assembly of a State until the dissolution of the then existing House or Assembly,
as the case may be.
 Who can be MP

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.