Legislative procedures enshrined in article 107-122 of Indian Constitution involve a series of steps creating, debating, and enacting laws within a governing body. These procedures typically include proposing laws, discussing and amending them, voting for adoption, formal proclamation, publication, determining the date of enforcement, and ensuring implementation. They ensure transparency, accountability, and the alignment of laws with societal needs and legal frameworks.
History:
The roots of legislative procedure stretch back through the annals of time, woven into the fabric of ancient civilizations where assemblies convened to deliberate on matters of governance. Over the centuries, this process evolved, molded by diverse cultural influences and political landscapes. Today, the principles of representative democracy anchor legislative practice, with procedures enshrined in constitutional texts and legislative rules.
Background:
Articles 107-122 encapsulate the essence of contemporary legislative procedure. They chart the course for bills as they navigate through the halls of power, from their inception to their transformation into law. These articles provide the scaffolding for democratic decision-making, ensuring transparency, accountability, and the safeguarding of rights.
Current Scenario :
In today’s landscape, the application of legislative procedure has come under the judicial microscope in various jurisdictions. Supreme Courts worldwide grapple with issues of procedural fairness, constitutional integrity, and the delicate balance of powers. Landmark cases have shaped the interpretation of legislative rules, leaving an indelible mark on the corridors of power.
Case: Kihoto Hollohan v. Zachillhu and Others (1992)
- This legal case directly concerns the provisions delineated in Article 191 of the Indian Constitution, which focuses on the disqualification of state legislative members due to defection.
- The Supreme Court of India, in this instance, provided an interpretation and clarification regarding the stipulations outlined in the Tenth Schedule of the Constitution, also known as the Anti-Defection Law, which was introduced through the 52nd Amendment Act in 1985.
- Through this case, the court deliberated on the procedural aspects associated with defection and the Speaker’s role in adjudicating disqualification matters, thereby offering significant guidance on the operational mechanisms within legislative bodies and the preservation of democratic principles enshrined in Articles 107-122.
Articles 107-122 stand as pillars of democracy and the rule of law. As societies evolve and challenges emerge, adherence to these procedural norms remains crucial. By understanding the historical context, background, and nuances of legislative procedure, we empower ourselves to engage meaningfully in the democratic process. In doing so, we ensure that our laws truly reflect the values and aspirations of the communities they serve.
Articles 107-122:
| Articles | Title | Summary |
| 107 | Proposal of Laws | Specifies how laws can be proposed |
| 108 | Consideration of Proposals | Outlines the process for discussing and amending proposed laws |
| 109 | Adoption of Laws | Describes the procedures for adopting proposed laws |
| 110 | Promulgation of Laws | Details how laws are formally proclaimed |
| 111 | Publication of Laws | Mandates the publication of enacted laws |
| 112 | Entry into Force of Laws | Specifies when laws become effective |
| 113 | Implementation of Laws | Addresses the execution and enforcement of laws |
| Articles | Title | Summary |
| Article 114 | Appropriation Bills | This article deals with the introduction, enactment, and procedure related to Appropriation Bills, which are used to approve government spending and allocate funds for various purposes. It outlines the requirement that no money can be withdrawn from the Consolidated Fund of India without the authorization of an Appropriation Act. |
| Article 115 | Supplementary, Additional, and Excess Grants | Article 115 specifies the procedure for the Parliament to grant supplementary, additional, or excess funds to meet unforeseen expenses or to supplement the budget estimates presented in the Appropriation Bill. It ensures that the government has the necessary funds to address urgent or unforeseen needs. |
| Article 116 | Votes on Account | This article outlines the provision for the grant of ‘Votes on Account’ by the Parliament to enable the government to withdraw funds temporarily from the Consolidated Fund of India to meet essential expenses until the full budget is passed. It ensures continuity of government operations in case the budget is not passed before the start of the financial year. |
| Article 117 | Special Procedure in respect of Money Bills | Article 117 establishes special procedures for the consideration and passage of Money Bills in Parliament. It specifies that Money Bills can only be introduced in the Lok Sabha, and the Rajya Sabha can make recommendations on such bills but cannot amend them. This provision ensures the primacy of the Lok Sabha in matters related to financial legislation. |
| Article 118 | Rules of Procedure | This article empowers each House of Parliament to make its own rules for conducting its proceedings, subject to the provisions of the Constitution. It provides autonomy to each House in determining its internal procedures, including rules related to debates, voting, and legislative process, ensuring efficient functioning and autonomy of the legislative bodies. |
| Article 119 | Regulation by law of procedure in Parliament in relation to financial business | Article 119 allows Parliament to regulate its procedure concerning financial matters through law. It enables Parliament to enact legislation to establish rules and procedures governing financial business, including the presentation, consideration, and enactment of budgetary bills and financial resolutions. |
| Article 120 | Language to be used in Parliament | This article specifies that English and Hindi are the official languages to be used for conducting business in Parliament, with the Speaker of the Lok Sabha having the authority to decide which language members may speak. It ensures linguistic diversity and facilitates effective communication and participation in parliamentary proceedings. |
| Article 121 | Restriction on discussion in Parliament | Article 121 prohibits any discussion in Parliament regarding the conduct of judges of the Supreme Court and High Courts in the discharge of their duties except when a motion of impeachment is under consideration. This provision safeguards the independence and integrity of the judiciary from unwarranted parliamentary interference. |
| Article 122 | Courts not to inquire into proceedings of Parliament | This article prohibits courts from inquiring into the proceedings of Parliament, including the validity of any law or rule made by Parliament, on the grounds of irregularity of procedure. It ensures the autonomy and integrity of parliamentary proceedings by preventing judicial interference in legislative matters. |
Also read- Article 89-106
