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A Model of New Constitution For India

Parliament
Home | Object of "A MODEL OF NEW CONSTITUTION FOR INDIA" | PREAMBLE | CITIZENSHIP | FUNDAMENTAL DUTIES AND RIGHTS | DIRECTIVE PRINCIPLES OF STATE POLICY | The Executive | Parliament | TARIFF COMMISSION OF BHARAT | State Legislatures | Local self-Governments. | Political parties | JUDICIARY AND ITS ANCILLARIES | LAW COMMISSION OF BHARAT | PRESS COUNCIL OF BHARAT | The Bureau of the Comptroller and Auditor-General of India | State Judicial Commissions | High Courts in the States | Subordinate Courts. | ELECTION COMMISSIONS OF BHARAT AND STATES | Miscellanious & Other provisions

PART-VI

                                                                   Parliament

53.            Constitution of Parliament.

There shall be a Parliament of Bharat, which shall consist of the President and two Houses to be known respectively as the Rajya Sabha and the Lok Sabha.

 

54.            Constitution and duration of Lok Sabha.

The Lok Sabha shall continue for fix tenure of three years from the date of its constitution by the President, on receipt of the report from the Election Commission of India, after every general election. 

 

55.            Composition of the Lok Sabha.

(1)        The Lok Sabha shall consist of not more than Seven hundred fifty, including five hundred members chosen by direct election from territorial constituencies in the country.

(2)        The each constituency shall be divided in such a manner that population in each constituency, except constituencies within the territories under Bharat Government administrative control, more or less shall, so far as practicable, the same. 

(3)        In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published in the Gazette.

(4)        The determination of the area of such constituencies shall be declared by the Election Commission of Bharat, in accordance with the guidelines and procedures laid down by the Law Commission of Bharat in consultation with the National Judicial Commission, Chief Justice and three Senior Most Judges of Supreme Court and Government of Bharat.

The population having within the Territories under Bharat Government administrative control shall be given double weights or should be divided within minimum two constituencies, at the time of determination of the Lok Sabha constituencies.

So far as practicable, any constituency shall not

consist area from two States.

The balance two hundred fifty seats should be filled

up in the following manner.

(a) Every recognised National Political Party shall declare and submit before the Election Commission of India a List of the Women Candidates, not less than Two Hundred Fifty, giving priority numbers to them, fifteen days prior to Voting for General Elections starts.

(b)Non-compliance of clause shall make liable to such recognised National Political Party not to use its Election Symbol in the General Election.

(c) After result of the General Election, difference between the total percentage of Votes received and members chosen by direct election, should be covered from such list, deleting the names of the Woman Candidates referred in the list but already chosen by direct election. 

 

56.        Election of the members of Lok Sabha

(1)                Any person who holds, or held office of a Legislative Assembly of any State for Two consecutive terms or for minimum six years shall be eligible for election to Lok Sabha.

(2)                A person, who was never convicted, and having been not charge sheeted for any criminal offence, or not been accused in any criminal case six months prior to date of nomination paper, shall be eligible for election to Lok Sabha. Arrest in respect of any specific public movement, based on a prior Notice to the Local Police Station, shall not be construed as a criminal offence, with regards to this provision, is concerned.

(3)                A person shall not be eligible contest the election to Lok Sabha from two constituencies at the same general election.

(4)                   A person holds any office of profit under the State on the day of his nomination paper, shall not be eligible for election to Lok Sabha.

(5)                   A person shall not be a member of any Legislature of any State or Rajya Sabha on the day of his nomination paper is presented.

(6)                   (a) A candidate could be get elected, from respective constituency, if highest votes get by him would construed as more than twenty percentage of total voters, enrolled in that constituency;

(b)                In case no candidate gets such support, and then second voting shall be held for two candidates, who gets highest votes in first voting. 

( c)  A candidate gets highest votes in second voting, shall be member of Lok Sabha from such constituency for fix tenure of three years.

(Provided that the condition under sub clause (a) would not be applicable, if total number of candidates in first Voting is two. 

(7)                A candidate for the election as member of the Lok Sabha shall affirm an oath before the Election Commission of India that he is not an accused in any Criminal case, registered six months prior to the date of nomination for such election, and submit detail of movable and immovable properties in his own name and in the name of wife and spouses, and another list of relations.

 

57.             Constitution and duration of Rajya Sabha.

(1)        The Rajya Sabha shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every 500 days.

(2)        The term of every member of Rajya Sabha, except the members elected for the seats referred under clause (4), shall be one thousand and five hundred days from the date of completion of elections.

(3)        The provision under clause (2) shall not be applicable for all the first batch of the members of Rajya Sabha to be elected after commencement of this constitution. Amongst them from each State, where total number of the member representing to such State in the Rajya Sabha, one-third members shall be selected for retirement, after 500 days and another one-third members shall be selected for retirement after 1000 days from the date of completion of such election.

(4)        Three shall divide the number of seats representing to a State and undivided balance should be equated by the period of 1500 days for determination of terms of period for the member elected to such seats.

 

58.            Composition of Rajya Sabha.

(1)        The Rajya Sabha shall consist of twelve members to be nominated by the President, consist of persons having special knowledge or practical experience in respect of Literature, science, art and social service.

(2)        Not more than two hundred and fifty representatives from all the States and Territories under Bharat Government administrative control.

(3)        The allocation of seats in the Rajya Sabha to be filled by representatives of the States and the Territories under Bharat Government administrative control shall be half from the constituencies for direct elections to the Lok Sabha.

(4)        Three shall divide the number of seats representing to a State and undivided balance should be equated by the period of 1500 days for determination of terms of period for the member elected to such seats.  

 

59.         Election of the Members of the Rajya Sabha.

(1)       The representatives of each State in the Rajya Sabha shall be elected by the electoral constituencies in each State in accordance with the system of proportional representation by means of the single transferable vote.

(2)       The each electoral constituency should be comprised from the members of the State Legislature, Local-Self Governmental bodies from the respective State.

(3)       The Value of the Total Votes of Members of a State Legislature, as far as practical, should be half of the Value of the Total Votes of Members of the Local-Self Governmental bodies from the respective State.

(4)       Whenever, any seat of the Rajya Sabha become vacate, for any reason whatsoever, a Member for such seat should be elected by the Members of respective State Legislature only.

 

60.            Qualification for membership of the Rajya Sabha.

(1)        A person, who was never convicted, and having been not charge sheeted for any criminal offence, shall be eligible for election to Rajya Sabha. Arrest in respect of any public movement does not be construed as a criminal offence.

(2)                His nomination paper shall be supported, by at least ten members of State Legislative Assembly, from a recognised National or State Political party.

(3)                He shall not be a member of any Legislature of  any State or Lok Sabha on the day of his nomination paper is presented.

(4)                A person holds any office of profit under the State, on the day of his nomination paper, shall not be eligible for election to Rajya Sabha.

(5)                A person shall not contest election for the membership of the Rajya Sabha more than two terms.

(6)                He do not lost any election to any State Legislature or Lok Sabha, within five years precedence to his nomination for election to Rajya Sabha.

(7)                A candidate for the election as member of the Rajya Sabha shall affirm an oath before the Election Commission of India that he is not an accused in any Criminal case, registered six months prior to the date of nomination for such election, and submit detail of movable and immovable properties in his own name and in the name of wife and spouses, and another list of relations.

 

61.            Constitution of a political parliamentary party.

(1)        Every parliamentary party shall be constituted by its all Member in Parliament, plus election of equal number of members from its parent political party. Election of Members from the parent political party shall be for a term of one year and six months.

(2)        The election of such members shall be held under the supervision of the Election Commission of Bharat, by secret voting by the members of general body of such political party, in accordance with the system of proportional representation by means of the single transferable vote.

(3)        Such elected members from parent political party shall not be entitled to any benefit from the Government exchequer or any liberty for such membership in a political parliamentary party.

 

62.     Session of Lok Sabha and prorogation.

(1)        The Speaker, in consultation with President, shall from time to time summon the Lok Sabha to meet at the Sansad Bhawan, but sixty days shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2)        The Speaker, in consultation with the Chairman of Rajya Sabha, may time to time prorogue the Lok Sabha.       

 

63.    Session of Rajya Sabha and prorogation.

(1)        The Chairman, in consultation with the President, shall from time to time summon the Rajya Sabha to meet at the Sansad Bhawan, but ninety days shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2)        The Chairman, in consultation with the Speaker of the Lok Sabha, may time to time prorogue the Rajya Sabha.       

 

64.    Rights of President to address and send messages to Houses.

(1)        The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members.

(2)        The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament, or with regards to any affairs relating to administration of the Government of Bharat, or otherwise, and a House to which any message is so send shall with all convenient despatch consider any matter required by the message to be taken, in a transparent manner, into consideration.

 

65.      Special address by the President.

(1)        At the commencement of the first session after each general election of the Lok Sabha and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons.

(2)            Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address.

 

66.   Rights of Ministers and Attorney General as respects Houses.

            Every Minister and the Attorney-General of Bharat shall have the right to speak in, and otherwise take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament, but shall not by virtue of this article be entitled to vote.

 

67.        The Chairman and Deputy Chairman of the Rajya Sabha.

(1)        The Vice-President of Bharat shall be ex-officio Chairman of the Rajya Sabha.

(2)        The Rajya Sabha shall, as soon as may be, choose its a member to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Rajya Sabha shall choose another member to be Deputy Chairman thereof.

(3)        If the candidates for election to the office of the Deputy Chairman would be more than one, Deputy Chairman shall be elected by the elected members of the Rajya Sabha in accordance with the system of proportional representation by means of the single transferable vote, by secret ballot.

68.             Vacation and resignation of, and removal from, the office of Deputy Chairman.

A member holding office as Deputy Chairman of the Rajya Sabha –

(a) shall be deemed to be vacated his office if he ceases to be a member of Rajya Sabha;

(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 Rajya Sabha to be passed by the majority of sixty percentages of the then members of the Rajya Sabha.

(d) any resolution to remove the Deputy Chairman shall be moved only after fifteen days from the date of notice, addressed to Chairman, has been served with intention to move such resolution.

 

69.     Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

(1)        While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the function of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of the Deputy Chairman is also vacant, by such member of the Rajya Sabha as the President may appoint.

(2)        During the absence of the Chairman from any sitting of the Rajya Sabha the Deputy Chairman, or, if he is also absent, such person as determined by the rules of procedure of the Rajya Sabha, or, if no such person is present, such other person as may be determined by the Rajya Sabha, shall act as Chairman.      

 

70.   The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

(1)        At any sitting of the Rajya Sabha, while any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, preside, or present at the time of voting, and President, in advance, shall appoint a member of the Rajya Sabha to preside such sitting for consideration and voting of such resolution, in case Chairman or Deputy Chairman are absent at the time of such sitting;

(2)        Vice-President shall have right to speak in, otherwise to take part in the proceedings, except voting, of the Rajya Sabha while any resolution in accordance with Clause (b) of the Article 41 for his removal the office of the Vice-President is under consideration;   

(Provided that no political parliamentary party can issue any whip upon its members in Rajya Sabha).

 

71.          The Speaker and Deputy Speaker of the Lok Sabha.

(1)        The Lok Sabha shall, as soon as may be, choose a member to be Speaker and Deputy Speaker of the Lok Sabha and, so often as the office of Speaker or Deputy Speaker becomes vacant; the Lok Sabha shall choose another member to be Deputy Chairman thereof.

(2)        If the candidates for election to the office of the Speaker or Deputy Speaker would be more than one, the Speaker and Deputy Speaker shall be elected by the elected members of the Lok Sabha in accordance with the system of proportional representation by means of the single transferable vote, by secret ballot.

 

72.  Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

(a)        A member holding office as Speaker or Deputy Speaker of the Lok Sabha –

shall vacate his office if he ceases to be a member of the Lok Sabha;

(b)        may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c)        may be removed from his office by a resolution of the Lok Sabha passed by sixty percentage of the majority of the then members of the Lok Sabha:

(d)        any resolution to remove the Speaker or Deputy Speaker shall be moved only after fifteen days from the date of notice, addressed to Deputy Speaker or Speaker, has been served with intention to move such resolution.

 

73.    Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, speaker.  

(1)        While the office of Speaker is vacant, the duties of the office of the Speaker shall be performed by the Deputy Speaker, or, if the office of the Deputy Speaker is also vacant, by such member of the Penal to act as the Speaker of the Lok Sabha.

(2)        During the absence of the Speaker from any sitting of the Lok Sabha the Deputy Speaker, or, if he is also absent, such person as determined by the rules of procedure of the Lok Sabha, or, if no such person is present, such other person as may be determined by the Lok Sabha, shall act as Speaker.      

 

74.     The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

(1)        At any sitting of the Lok Sabha, while any resolution for removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, preside, or present at the time of voting, and President, in advance, shall appoint a member of the Rajya Sabha to preside such sitting for consideration and voting of such resolution, in case Speaker or Deputy Speaker are absent at the time of such sitting.

(2)        Speaker or Deputy Speaker shall have right to speak in, otherwise to take part in the proceedings, except voting, of the Lok Sabha while any resolution for his removal from the office of the Speaker or Deputy Speaker is under consideration.

(3)        Such resolution shall be passed by sixty percentage of the then all members of the Lok Sabha.

(4)        No political parliamentary party shall issue any whip upon its members in Lok Sabha.

 

75.          Salaries and allowances of the Chairman and Deputy Chairman and Speaker and Deputy Speaker.

(1)        The Chairman and Deputy Chairman and Speaker and Deputy Speaker shall not hold any other office of profit.

(2)        The Chairman and Deputy Chairman and Speaker and Deputy Speaker shall be entitled without payment of Rent to the use of his of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined in accordance with the principles laid down by law made by Parliament, upon recommendations made by the Law Commission of Bharat, prepared after inviting suggestions from the people of the country.

(3)        Until such determination is made, the emoluments and allowances of the Chairman and Deputy Chairman and Speaker and Deputy Speaker shall be continued as it were prevailed prior to commencement of this Constitution.

(4)        The emoluments and allowances of the Chairman and Deputy Chairman and Speaker and Deputy Speaker shall not be diminished during his term of the office.

(5)        The person retires from the office of the Chairman and Deputy Chairman and Speaker and Deputy Speaker, shall be entitled to such emoluments, allowances and privileges as may be determined in accordance with the principles to be laid down under the law made under clause (2).  

 

76.            Secretariats of Lok Sabha and Rajya Sabha.

(1)       Lok Sabha and Rajya Sabha shall have their separate secretarial staff:

Provided that nothing in this clause shall prevent creation of posts common to both Houses of Parliament.

(2)       Parliament by law shall regulate the recruitment, invitation on deputation from Government, and the conditions of services of persons appointed, to the secretarial staff of the Lok Sabha or the Rajya Sabha, at par with the service conditions of the government.

(3)       Until provision is made by Parliament under clause (2), the President may, after consultation with the Speaker of the Lok Sabha or Chairman of the Rajya Sabha, as the case may be, make rules regulating the recruitment, invitation on deputation from government, and the conditions of service of persons appointed, to the secretarial staff of Lok Sabha or Rajya Sabha, and any rules so made shall have effect subject to the provisions of any law made under the said clause.

 

77.        Oath or affirmation by members.

(1) Every member of either House of Parliament shall, before taking his seat, make and subscribe before the person appointed in that behalf, an oath or affirmation in the following form, that is to say-

“ I, A.B., do (swear in the name of the God/ solemnly affirm) that I will faithfully, execute the office of the member of Parliament and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of Bharat."   

(2)                If a person sits or votes as a member of either House of Parliament before he has complied with the requirements under clause (1), he shall be liable to imprisonment, not less than one year and shall lost his membership of respective House.

 

78.               Attendance of the Members of Parliament.

(1)                Working time of both Houses of Parliament shall

not be more than 8 (eight) hours in a day. 

(2)                Unless a member is ill or takes leave from the

Chairman of the Rajya Sabha, if he is member of the Rajya Sabha, or from the Speaker, if he is member of the Lok Sabha absent, from proceeding of respective House, more than ten percentage of hours, of one Session, he shall loose his membership of Parliament and shall debarred from election to Parliament for five years.

(3)                Records of time to time absent from a House by

any member shall be maintained by the respective secretariat and shall be published in the next working day “Parliament Gazette”.

(4)                When any member debarred to attend the

proceeding of the House, for time being he shall not be deemed, as a member of the Parliament and such period shall not be calculated under clause (2).           

 

79.        Voting in Houses of Parliament.

(1)            Every Bill shall be determined and passed by a clear majority of the membership in both Houses of Parliament, other than the Speaker or person acting as Chairman or Speaker.

(2)             Chairman or Speaker or person acting as Chairman or Speaker shall not vote in any proceeding relating to a Bill.

(3)             Any person other than the Member of Parliament shall not participate in voting. If any person does so, presiding officer of the respective House shall prosecute him, not less than five years imprisonment.

(4)             Any resolution, other than a mentioned in this constitution, shall be determined by a majority of the than all members of each House.

 

80.            Vacation and fill-up of the vacant seat.

(1)                If a member of either House is died or resign or becomes subject to any provision relating to disqualification under this Constitution, Chairman of the Rajya Sabha or Speaker of Lok Sabha shall declare that such seat becomes vacant. Such declaration shall be final, subject to Appeal before the President.

(2)                The aggrieved member shall have right to appeal before the President, within seven days from such declaration. President shall take immediate decision on such appeal, which will be final.

(3)                Within two months, from such declaration, or if appeal is filed, the decision of President, and if election of respective House is not due within six months there from, election commission of Bharat shall fill-up such seat by re-election, in accordance with the provision for election to Lok Sabha or Rajya Sabha, as the case may be.

 

81.            Disqualifications for membership. 

(1)             If any person found to be making false statement, for any reason whatsoever, he shall be disqualified for the office of the Member of Parliament.

(2)             After election to any House of Parliament, if any member holds any office of profit under the “State”, other than an office exempted by this Constitution (such as the member of Council of Ministers) or Parliament, he shall disqualified for being a member of either House of Parliament.

(3)             Any person shall be disqualified for being, a member of either House of Parliament, if he-

(a)    is of unsound mind and stands so declared by a competent court;

(b)    is an insolvent; and

(c)    is so disqualified by or under any law made by Parliament.  

(4)             The meaning of the State, for the purpose of this article, shall be the same as under Part III of this constitution.

(5)             If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned under this article, the question shall be referred for the decision of the President.

(6)             President shall take his decision in considerations all material facts and after opinion from the Election Commission before his decision and shall act accordingly.

 

82.    Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.

(1)                Proceeding of Parliament, or any committee thereof, except any criminal acts by criminal means, shall not be liable to any proceedings in any court.

(2)                The proceeding of the Parliament shall include the publication of proceeding of the Parliament and of the committees thereof.

(3)                The powers, privileges and immunities of each House of the Parliament, and of the members and the committees of the Parliament, shall be such as may from time to time be defined by Parliament by law, to be passed by majority of seventy percentage of all the then members of each House of Parliament.

(4)                No Member of Parliament can misuse his powers privilege and immunities by causing any obstruction in the proceedings of any House of Parliament

(5)                Such powers, privilege and immunities shall not cover the misuse of office of the member of the Parliament under gratification.

(6)                When any charge of the gratification is leveled against any member of the Parliament, it shall be his duty to make requisite confessional statement before any 1st Class Judicial Magistrate, within seven days from the date of information against such charge otherwise he is liable to be declare as disqualified as a member of the Parliament.

(7)                 Unless satisfactory evidence about gratification or false statement under clause (5) and (6) is produced, court can’t admit or entertain any proceeding with regards to proceedings of the Parliament.

 

83.    Salaries and allowances of members.

(1)        Every member shall be entitled to one accommodation at Delhi, at a reasonable Rent to use as his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined in accordance with the principles laid down by law made by Parliament, upon recommendations made by the Law Commission of Bharat, prepared after inviting suggestions from the people of the country.

(2)        Until such determination is made, the emoluments and allowances of the members shall be continued as it were prevailed prior to commencement of this Constitution.

(3)        The emoluments and allowances of any member shall not be diminished during his term as a member of either House of Parliament.

(4) The person retires from the membership, after completing full one term, shall be entitled to such emoluments, allowances and privileges as may be determined in accordance with the principles to be laid down in the same law made under clause (1).

Legislative Procedure

84.    Provisions as to introduction and passing of Bills.

(1) Any Bill may be originated by any Member in either House of Parliament.

(2) A Bill is placed and pending before either House of Parliament, never lapses for any reason whatsoever, even after dissolution of the Lok Sabha, unless such House passes a resolution to that effect.

(3) Any Bill, other than Money Bill, shall be passed with the clear majority by the both Houses of Parliament. This does not include any Bill for the amendment in any provision of the Constitution.

(4)        Any Bill passed by consensus of both Houses of Parliament, President shall assent such Bill immediately, unless he has any doubts regarding consensus.

(Consensus means at least ninety percentage of the member strength should present and shall vote in favour of such Bill, in each House.)

(5)        If President having any doubts about consensus, within Ten days from the date of request for assent, he can direct for joint sitting of both Houses to reconsider the Bill. Such joint meeting shall be presiding by the Chief Justice of Bharat.

 

85.   Joint sitting of both Houses in certain cases.

(1)    If after a Bill has been passed by one House and transmitted to the other House-

(a)    the Bill is rejected by the other House; or

(b)    the either House have disagreed as to the amendments made in the Bill, by other House; or

(c)    more than one hundred working days of the Parliament elapse from the date of the reception of the Bill by the other House without the Bill being passed by it,

the President shall notify to the Houses to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill:

Provided that nothing in this clause shall apply to a Money Bill.

(2)  Once a joint sitting of the both Houses of Parliament is notified, neither House shall proceed further with the subject matter of the notification.  

(3) When any Bill is passed by the Lok Sabha, but rejected by the Rajya Sabha, Bill shall be passed or rejected without any amendments, in such joint meeting of both Houses.

(4)                When any Bill is passed by the Rajya Sabha but rejected by the Lok Sabha, Bill, if not rejected, can be passed with amendments, in such joint meeting of both Houses.

86.               Annual financial Statements.

(1)       The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part referred to as the "annual financial statement".

(2)       The estimates of expenditure embodied in the annual financial statement shall show separately-

(a)     the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of Bharat; and

(b)     the sums required to meet other expenditure proposed to be made from the Consolidated Fund for Bharat,

and shall distinguish expenditure on revenue account from other expenditure.

(3)       The following expenditure shall be expenditure charged on the Consolidated Fund of Bharat:-

the emoluments, salaries, allowances and pensions payable by the Central Government to the persons holds any Constitutional Office referred under this Constitution;

the expenditures under the Constitutional obligation of the Central Government;

debt charges for which the Government of Bharat is liable including interest, sinking fund charges, and redemption charges, and other expenditure relating to the raising of loans in public interest and the service and redemption of debt;

any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;

any other expenditure declared by this Constitution or by Parliament by law to be so charged.

 

87.       Money Bills.

(1)    A Money Bill shall be introduced only in the Lok Sabha.

(2)    A copy of the Money Bill shall be tabled in the Rajya Sabha.

(3)    Once a Money Bill is introduced in the Lok Sabha, the Government of Bharat shall be entitled to act accordingly.

(4)    Rajya Sabha can make, within clear 30 days from the date of tabling of the Bill before it, any suggestion in respect of the Money Bill, whether or not the Lok Sabha accepts it. The Deputy Chairman of the Rajya Sabha to the Speaker of Lok Sabha shall inform such suggestions.

(5)    Lok Sabha can make amendments, in the Money Bills, with the clear majority of the Membership of the Lok Sabha.

 

88.     Definition of the "Money Bills"

(1)                  A Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely-

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 Bharat, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of Bharat;

Provided that the total amount of the obligations under this sub-clause shall not be more than double of the assets of the Central Government.

the custody of the Consolidated Fund or the Contingency Fund of Bharat, the payment of moneys into or the withdrawal of moneys from any such Fund;

the appropriation of moneys out of the Consolidated Fund of Bharat;

the declaring of any expenditure to be expenditure charged on the Consolidated Fund of Bharat or the increasing of the amount of any such expenditure;

the receipt of money on account of the Consolidated Fund of Bharat or the public account of Bharat or the custody or issue of such money or the audit of the accounts of the Central or of a State; or

any matter incidental to any of the matters specified in sub-clauses (a) to (f).

(2)                  All details in the Money Bills shall be in clear terms with separate account numbers for separate expenditures and no money shall be spent from one account for any other purposes.

(3)                  The Government of Bharat through its Finance Minister shall introduce a Money Bill.

(4)                  A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses 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.  

(5)                  If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker shall be final.

(6)                  There shall be endorsed on every Money Bill when it is presented to the President for assent, the certificate of the Speaker signed by him that it is a Money Bill.

 

89 Assents to Bills.

(1)    When a Bill is passed by the both Houses of the Parliament, under consensus of the members, as defined in the Constitution the terms of consent, the President after receipt for assent, immediately shall give his assent to it, unless he has some doubts about the consensus in the both Houses of the Parliament.

(2)    When the Lok Sabha passes any Money Bill, the President shall assent it as soon as possible immediately after the presentation to him.

(3)    Any other Bill has been passed by the both Houses of the Parliament, it shall be presented to the President, and within Ten days the President shall declare that he assents to the Bill or that he return the Bill with a message requesting that they will reconsider the Bill or any specific 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 thereof.

(4)    In case any Bill is not assented or returned within Ten days under Clause (3), such Bill shall be enacted and become effective as Law.      

 

90.    Procedure in Parliament with respect to estimates.

(1)      So much of the estimates as relates to expenditure charged upon the Consolidated Fund of Bharat 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 Lok Sabha, and the Lok Sabha shall have power to refuse to assent, to any demand or to reduce the grants of the amounts specified therein by the majority of the then all members of the Lok Sabha, otherwise it shall be deemed as grant of such expenditures.

(3)      No demand for a grant shall be made except on the recommendation of the President. 

 

91.   Appropriation Bills.

(1)    As soon as may be after the grants have been made by the Lok Sabha, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of Bharat of all moneys required to meet-

(a)    the grants so made by the Lok Sabha; and

(b)    the expenditure charged on the

Consolidated Fund of Bharat but not exceeding in any case the amount shown in the statement previously lay 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 Bharat, 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 under this Constitution for Supplementary, additional or excess grants or for Votes on account, votes of credit and exceptional grants, no money shall be withdrawn from the Consolidated Fund of Bharat except under appropriation made by law passed in accordance with the provisions of this article.    

 

92.    Supplementary, additional or excess grants.

(1)     The President shall-

(a)    if the amount authorised by any law made in accordance with the provisions for appropriation Bills to be extended 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 services not contemplated in the annual financial statement for that year, or

(b)    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,

cause to be laid before both the Houses of Parliament another statement showing estimated amount of that expenditure or cause to be presented to the Lok Sabha a demand for such excess, as the case may be.

(2)     The provisions relating to annual financial statement, procedure in respects to estimates and appropriation Bills 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 moneys 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 moneys out of the Consolidated Fund of India to meet such expenditure or grant.

 

93.    Votes on account, votes of credit and exceptional grants.

(1)    The Government of Bharat have powers-

to place a statement for vote on account before Lok Sabha for any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the related procedure prescribed under this Chapter, for the voting of such grant and the passing of the law in accordance with the provisions for appropriation Bill in relation to that expenditure;

to place a statement for grant for meeting an unexpected demand upon the resources of the Bharat when on account of the magnitude of the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;

to place a statement for an exception grant which forms no part of the current service of any financial year;

(2) Rajya Sabha shall have powers to make any suggestions to Lok Sabha within three working days from the presentation of such statement, to refuse the assent, to any demand or to reduce the grants of the amounts specified therein by the majority of the then all members of the Lok Sabha.

(3)     Lok Sabha shall have power to refuse within seven working days from the presentation of such statement to assent, to any demand or to reduce the grants of the amounts specified therein by the majority of the then all members of the Lok Sabha.

(4)     The provisions with respect estimates and appropriation Bill 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 moneys out of Consolidated Fund of Bharat to meet such expenditure.

 

94.    Special provision as to financial Bills.

(1)             A Bill for any of the matters pertaining to Money Bills shall not be introduced or moved except on the recommendation of the President and shall be introduced before Lok Sabha only.

(2)             A Bill shall make clear provision for any of the matters aforesaid by the reasons for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3)             A Bill introduced before the Lok Sabha on the recommendation from the President, if enacted without any amendment and brought into operation, and would involved expenditure from the Consolidated Fund of Bharat such recommendation of the President shall be deemed assent.    

 

95.    Rules of procedure.

(1)             Each House of Parliament shall make rules for regulating, subject to the provisions of this Constitution, its procedure and conduct of its business, with the majority of seventy percentages of all members of each House.

(2)             Until rules are made under clause (1), the President, after consultation with the Chairman of the Rajya Sabha and Speaker of the Lok Sabha, may make rules as to the procedure and conduct of the business of each House.

(3)             The President, after consultation with the Chairman of the Rajya Sabha and Speaker of the Lok Sabha, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.  

 

96.    Regulation by law of procedure in Parliament in relation to financial business.

(1)                     Parliament shall make Law by framing the appropriate Rules for timely completion of the financial business, regulated by 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 moneys out of the Consolidated Fund of Bharat.

(2)                     Such Rules shall be passed by the clear strength of seventy-five percentages of the members of each House.      

 

97.    Language to be used in Parliament.

(1)             With prior information to and permission from the Chairman of the Rajya Sabha or Speaker of the Lok Sabha any member can address the respective House in his mother tongue. In such case he shall supply an advance copy 7 days before his address.

(2)             If any member can give his address in Hindi, he can do so, without such permission or advance copy.

 

98.    Restriction on discussion in Parliament.

 No discussion shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court or member of National Judicial Commission or Chairman of Law Commission of Bharat, Commissioners of the Election Commission of Bharat in the discharge of his duties, except the impeachment motion.

 

99.    Courts not to inquire into proceedings of Parliament.

(1)           The validity of any proceedings in Parliament shall not be called in question before any court.

(2)           Provision under clause (1) does not prevent any court to proceed with any criminal proceeding against any Member of Parliament.

 

100.     Power of President to promulgate Ordinances during recess of Parliament.

(1)           The President if satisfied that circumstances so 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)           The President shall satisfy himself that the proposed Ordinance is in accordance with the provisions of the Constitution.

(3)           The President shall satisfied himself before promulgation of any Ordinance that Parliament may pass a Bill in accordance with the provisions of the Constitution to substitute such Ordinance, within six months from the date of the Ordinance.

(4)           In any case, Parliament not pass a Bill under clause (2), within such period the same shall be ceased to operate on expiry of such period of six months or from the date of rejection of Bill, if rejected by the Parliament.

(5)           Ordinance shall made clear provisions that in case Parliament rejects or not pass a Bill to substitute such Ordinance, what will be force and effect of the Ordinance in respect of the period during which Ordinance shall be operative.    

 

101       All-Bharat Services.

(1)                There shall be a Three Member Commission to manage All-Bharat services, for public administration at national and State levels and for administrative services at abroad offices of government of Bharat, including their selection and training.

(2)                The cabinet secretary to the Government of Bharat shall be Chairman of the Commission. The other members of the commission shall be appointed by the Prime Minister, in consultation with the Leader of the Opposite Party in the Lok Sabha.

(3)                Appropriate service rules shall be framed by the Law Commission of Bharat, in consultation with the Central and State Governments and inviting suggestions from the people, which shall be abide by the members of All-Bharat services and guide to regulate the transfers of such members and their sub-ordinates, without any political interference.

(4)                No personnel from All-Bharat Services which includes existing Indian Administrative Service (I.A.S.), and Indian Police Service (I.P.S.) or likewise services shall work in a particular State or under one particular Department or office of the Central government for more than five years, during his entire service period.

For any administrative office, which requires technical backgrounds, any administrative personnel shall be appointed having such technical qualifications.

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TRUTH SHALL PREVAIL