Table Of Cases

1. Shankari Prasad case v. Union of India, 1951

2. Sajjan Singh v. State of Rajasthan, 1965

3. Golak Nath vs. The State of Punjab, 1967

4. Kesavananda Bharati v. The State of Kerala, 1973

05. Indira Gandhi v. Raj Narain, 1975

6. Minerva Mills Ltd. v. Union of India, 1980

7. Chandra Kumar v. Union of India, 1997

8. B.R. Kapoor vs State Of Tamil Nadu And Anr on 21 September, 2001

9.Kesavananda Bharati ... vs State Of Kerala And Anr on 24 April, 1973

10.B.R. Kapoor vs State Of Tamil Nadu And Anr on 21 September, 2001

11.Ram Manohar Lohia vs The Supdt., Central Prison, ... on 27 August, 1954

12.Wataiti Ram Mahabir Parshad vs State Of Punjab And Ors. on 25 November, 1983

13.Rajender Prashad And Others vs State Of Haryana And Others on 11 October, 1995

14.Mittra Nand Kaushik And Anr. vs State Of U.P. And Ors. on 23 March, 1982
 THE UNION LEGISLATURE
Meaning of the word Parliament -- is a word derived from the
French expression parliament which means speaking, and Latin
word parliamentum which means talking. It has come to mean
meeting for discussion.

Different Names of Legislature: In India Parliament is known as

Sansad. Other nations have their own names viz. Diet in Japan,
Congress in US, Knesset in Israel.

The Parliament of India consists of the President and two houses. The lower house is called the House of
the People- Lok Sabha, while the upper house is known as the Council of States- Rajya Sabha.

The council of ministers shall be composed of not less that 250 members, of whom 12 shall be nominated
by the President and the remainder 238 shall be representatives on the States and Union Territories
elected by the method of indirect election.

1. Nomination- The 12 nominated members shall be chosen by the President from amongst persons having
special knowledge or practical experience in literature, science, art and social service.
2. Representation of States. The representatives of each State shall be elected by the elected members of
the Legislative assembly of the State in accordance with the system of proportional representation by
means of the single transferable vote.
3. Representation of Union Territories. The representatives of the Union Territories shall be chosen in such
a manner as Parliament may prescribe. Under this power the Parliament has prescribed that the
representatives of Union Territories to the Council of States shall be indirectly elected by members of an
electoral college for that territory, in accordance with the system of proportional representation by means
of the single transferable vote.

The law making powers of the union are with the union parliament. In regard to constitution of
union parliament, the Indian constitution has adopted the English pattern. It is a bi-cameral
legislature with the House of People (lok sabha) as the lower house and the Council of States
(Rajya Sabha) as the upper house. Legally the law making powers are exercised by the President-
in-Parliament. All the bills are introduced and passed by the parliament in name of president and
these become laws when signed by him. However, the president is not the member of either
house but, he is an integral part of the union parliament. Article 79 of the Indian constitution
provides: There shall be a parliament for the union which shall consist of the president and two
houses to be known respectively as the Council of States and the House of People
Bicameral Legislature:

The Union Parliament consists of two houses, i.e. Council of States and the House of People.
The question of a state legislature to be a bicameral or unicameral legislature has been left for
each state to decide for itself.1

Functions of the parliament

The prime function of Parliament is the making of the Laws. Much of the time of Parliament is
devoted to this legislative activity. The other functions performed by Parliament are

(a) Control of public finance- it includes authorization of withdrawal of moneys from

consolidated fund of India; granting of moneys to Executive for being spent on public
services; imposition of taxes; authorization of loans.
(b) Control of executive- article 75(3) says that the Council of Ministers shall be
collectively responsible to Lok Sabha. Thus, Parliament performs an important
function in controlling the executive, criticizing, supervising administration and
influencing governments policies. For every or anything done by executive, it is
answerable to the Parliament.
(c) Removal of certain high officials- the parliament is vested with the power to remove
the President by impeachment, the Vice-President, Judge of Supreme court, and the
High Courts, the Chief Election Commissioner, and the Comptroller and Auditor-
General of India.

Constituent power/functions- article 368 confers constituent power on the Parliament. In the
exercise of this power, Parliament may amend the Constitution, by way of addition, variation or
repeal any provision of the Constitution.

1
Article 169.
Lok Sabha
A major portion of the Indian subcontinent was under British rule from 1858 to 1947.[9] During this period,
the office of the Secretary of State for India (along with the Council of India) was the authority through
whom British Parliament exercised its rule in the Indian sub-continent, and the office of Viceroy of
India was created, along with an Executive Council in India, consisting of high officials of the British
government. The Indian Councils Act 1861 provided for a Legislative Council consisting of the members
of the Executive Council and non-official members. The Indian Councils Act 1892 established legislatures
in each of the provinces of British India and increased the powers of the Legislative Council. Although
these Acts increased the representation of Indians in the government, their power still remained limited,
and the electorate very small. The Indian Councils Act 1909 and the Government of India Act 1919 further
expanded the participation of Indians in the administration. The Indian Independence Act, passed by the
British parliament on 18 July 1947, divided British India (which did not include the Princely States) into
two new independent countries, India and Pakistan, which were to be dominions under the Crown until
they had each enacted a new constitution. The Constituent Assembly was divided into two for the
separate nations, with each new Assembly having sovereign powers transferred to it for the respective
dominion.
The Constitution of India was adopted on 26 November 1949 and came into effect on 26 January 1950,
proclaiming India to be a sovereign, democratic republic. This contained the founding principles of the law
of the land which would govern India in its new form, which now included all the princely states which had
not acceded to Pakistan.
According to Article 79 (Part V-The Union.)[10] of the Constitution of India, the Parliament of India consists
of the President of India and the two Houses of Parliament known as the Council of States (Rajya Sabha)
and the House of the People (Lok Sabha).
The Lok Sabha (House of the Leaders) was duly constituted for the first time on 17 April 1952 after the
first General Elections held from 25 October 1951 to 21 February 1952.

Rajya Sabha

The Rajya Sabha or Council of States is the upper house of the Parliament of India. Membership of
Rajya Sabha is limited by the Constitution to a maximum of 250 members, and current laws have
provision for 245 members. Most of the members of the House are indirectly elected by state and
territorial legislatures using single transferable votes, while the President can appoint 12 members for
their contributions to art, literature, science, and social services. Members sit for staggered six-year
terms, with one third of the members retiring every two years.[5]
The Rajya Sabha meets in continuous sessions, and unlike the Lok Sabha, the lower house of
Parliament, is not subject to dissolution. However, the Rajya Sabha, like the Lok Sabha can
be prorogued by the President. The Rajya Sabha has equal footing in all areas of legislation with Lok
Sabha, except in the area of supply, where the Lok Sabha has overriding powers. In the case of
conflicting legislation, a joint sitting of the two houses can be held. However, since the Lok Sabha has
twice as many members as the Rajya Sabha, the former would normally hold the greater power. Joint
sittings of the Houses of Parliament of India are rare, and in the history of the Republic, only three such
joint-sessions have been held; the latest one for the passage of the 2002 Prevention of Terrorism Act.
The Vice-President of India (currently, Venkaiah Naidu) is the ex-officio Chairman of the Rajya Sabha,
who presides over its sessions. The Deputy Chairman, who is elected from amongst the house's
members, takes care of the day-to-day matters of the house in the absence of the Chairman. The Rajya
 Sabha held its first sitting on 13 May 1952.[6] The salary and other benefits for a member of Rajya Sabha
are same as for a member of Lok Sabha.
Rajya Sabha members are elected by state legislatures rather than directly through the electorate
by single transferable vote method.

CONSTITUTION OF HOUSE OF
PARLIAMENT

COMPOSITION OF THE HOUSE OF THE PEOPLE

The House of the People has a varied composition and the Constitution prescribes a
maximum number as follows:

1. Not more than 530 representatives of the States

2. Not more than 20 representatives of Union Territories
3. Not more than 2 members of the Anglo-Indian community, nominated by the President, if he
is of the opinion that the Anglo Indian community has not been adequately represented in
the House of the People.

i. The representatives of the States shall be directly elected by the people of the state
on the basis of adult suffrage. Each citizen who is not less than 18 years of age and
is not otherwise disqualified, e.g. by reason of non-residence, unsoundness of mind,
crime or corrupt illegal practice, shall be entitled to vote at such election.

There shall be no reservation of seats for any minority community other than the Scheduled
Castes and Tribes.

ii. The members of the Union Territories are to be chosen in such manner as
Parliament may by law provide.
iii. Two members may be nominated from the Anglo-Indian community the President to
the House of People if he is of the opinion that the Anglo Indian community has not
been adequately represented in the House of the People.

The election to the House of People being direct, requires that the territory of India should
be divided into suitable territorial constituencies, for the purpose of holding such election.
1. There shall be allotted in each State a number of seats in the House of the People in the
manner that the ratio between that number and the and the ratio between that number and
the population of the state is, so far as practicable, the same throughout the state.
2. Each state shall be divided into territorial constituencies in such manner that the ratio
between the population of each constituency and the number of seats allotted to it, so far as
practicable, the same throughout the state.
3. The total strength of lok sabha on 16 may, 2014 was 543 members.

COMPOSITION OF THE COUNCIL OF STATES (Article 80)1

Article 80 provides that Rajya Sabha shall consist of the following-

(a)12 members to be nominated by president from amongst the persons having special
knowledge or practical experience in respect of literature, science, art or social service . The
object behind including the nominated member is to provide representation to certain non-
political interests;

(b) Not more than 238 representatives of the states and the union territories.

The allocation of seats in the Rajya Sabha to be filed by the representative of the states and of
the union territories shall be in accordance with the provisions in that behalf contained in the 4th
schedule to the constitution.

Clause (4) of Article 80 provides that the representatives of each state in the rajya sabha shall
be elected by the elected members of legislative assembly of the state in accordance with the
system of proportional representation by means of the single transferrable vote. The
representatives of the union territory are chosen in such manners as parliament may by law
prescribe.
 QUALIFICATION OF MEMBERSHIP OF
PARLIAMENT (Article 84)
Article 84 provides the following qualifications to be possessed by a person to be qualified for
membership of the parliament-

(a) He must be a citizen of India.

(b) He must make and subscribe before some person, authorized in that behalf by the
election commission, an oath or affirmation, according to the form set out for the
purpose in the Third schedule to the constitution.2
(c) For the membership of Rajya Sabha, he must be not less than 30 years of age and for
the membership of Lok Sabha, he must not be less than 25 years of age; and
(d) He must possess such other qualifications as may be prescribed in that behalf by or
under any law made by the parliament.3In this respect parliament enacted the
representation of people act, 1951.4Section 3 and 4 of the act require that the person
to be qualified for the membership of the parliament must be registered as a voter in
any parliamentary constituencies.

DISQUALIFICATION FOR
MEMBERSHIP
ARTICLE 102(1) provides that a person shall be disqualified for being chosen as,
and for being, a member of either House of Parliament if he incurs any of the
following disqualifications5-

2
Kashi purohit v. state, AIR 2008
3
Kuldip nayar v, union of India , AIR 2006
4
The Act, 1951 has been amended by the representation of people act, 2003
5
These operate as disqualifications at the time of election or may becoming superveningdisqualifications
subsequent to elections.
 (A) If he holds any office of profits under the government of India or the
government of any state , other than any office declared by Parliament, by
law, not to disqualify its holder;
(B) If he is of unsound mind and stands so declared by the competent court;
(C) If he is an undischarged insolvent;
(D) If he is not citizen of India or has voluntarily acquired the citizenship of a
foreign state, or is under any acknowledgement of allegiance or adherence
to foreign state;
(E) If he is so disqualified by or under any law made by parliament. In this
respect, the representation of people act, 1951 was enacted by the
parliament. The act prescribe following disqualifications-
i. If he has been convicted or found to have been guilty of any offence
or corruption or illegal practice in an election. It means the person
shall be disqualified if he is guilty of committing corrupt practices at
the elections,6
ii. If he has been convicted by a court in India for any offence resulting
in imprisonment two or more years;
iii. If he has failed to lodge a return of election expenses within the time
and in manner required by the Act;
iv. If he has any share or interest in government contracts for the supply
of goods, or for the execution of any work or for the purpose of any
service;
v. If he is director or managing agent or holds any office of profit in a
government corporation in which the government is holding 25 per
cent shares;
vi. If he has been dismissed from government service for corruption or
disloyalty to the state;
vii. If he is so disqualified under Tenth Schedule to the Constitution
which provides the disqualification on the ground of defection.

6
R.Y. Prabhoo v. P.k. kunte, AIR 1996
 OFFICERS OF PARLIAMENT
(Articles 89&90)
RAJYA SABHA The Chairman and Deputy Chairman
Article 89-The Chairman and Deputy Chairman of the Council of States (1) the Vice
President of India shall be ex-officio Chairman of 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
Vacant, the Council shall choose another member to be Deputy Chairman thereof.

Article 90. Vacation and resignation of, and removal from, the office of Deputy Chairman A
member holding office as Deputy Chairman

a) Shall vacate his office if he ceases to be a member of 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 moved unless at least
fourteen days notice has been given of the intention to move the resolution.

Deputy Chairman to act as the Chairman (Article 91

&92)
Article 91. Provides that while the office of chairman is vacant,7or during any period when the
Vice President is acting as, or discharging the function of the President, the duties of the
chairman of the office shall be performed by the Deputy Chairman.

If the office of Deputy Chairman is also vacant, then the duties of the office of chairman shall
be performed by such member of Rajya Sabha as President may appoint for purpose.

During the absence of chairman from any sitting of the house, the Deputy Chairman, or, if he
is also absent , such person as may be determined by the rules of the procedure of the house,
or if no such other person may be determined by the house, shall act as a chairman.8

7
It would be when the president has resigned or been removed or died.
8
Article 91(2)
 Article 92 provides that at any sitting of Rajya Sabha, while any resolution for the removal of
Vice- President, the ex-officio chairman of the House, from the office, is under consideration,
he shall not preside over at that sitting. However, he may be present in the House.9

Again, while a resolution for removal of Deputy Chairman is under consideration, he shall not
preside over that sitting of the House, though he may be present in the house. He may
however take part in the proceeding of the house and shall have the right to speak, but shall
not entitled to vote at all.10

Lok sabha- the speaker and the deputy speaker

(Articles 93, 94, 95&96)

Article93.The speaker and Deputy Speaker of the House of the People The House of
the people shall, as soon as may be, choose two members of the Houses to be respectively
Speaker and Deputy Speaker thereof and, so often as the office of Speaker and Deputy
Speaker becomes vacant , the House shall choose another member to be speaker or Deputy
Speaker ,as the case may be.

Article 94.VacationandResignation of, and removal from, the offices of Speaker and
Deputy Speaker- A member holding office as Speaker or Deputy Speaker of the House of the
People

(a) Shall vacate his office if he ceases to be a member of the House of the People;
(b) May at any time, by writing under his hand addressed, if such member is the Speaker, to
the Deputy Speaker , 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 House of People passed by majority of
all the then members of the House;
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:
Provided further that, whenever the House of the People is dissolved, the Speaker shall not
vacate his office until immediately before the first meeting of the House of People after
the dissolution.
Article 95. Power of Deputy Speaker or other person to perform the duties of the
office of, or to act as, Speaker.-(1) while the office of the Speaker is vacant, the duties of
the office shall be performed by Deputy Speaker or, if the office of Deputy Speaker is also

9
Article92(1)
10
Article 92
 vacant, by such member of the House of the People as the president may appoint for the
purpose.
(2) During the absence of speaker the Speaker from any sitting of the House of the People
the Deputy Speaker or, if he is also absent, such person as may be determined by the rules
of the procedures by the House, or, if no such person is preset, such other person as may
be determined by the House, shall act as a Speaker.
Article 96. 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 House of the People, while any resolution for the removal of the
speaker from his office is under consideration, the speaker, or while any resolution for
the removal of Deputy Speaker from his office is under consideration, the Deputy
Speaker , shall not, though he is present, preside, and the provisions of clause (2) of
Article 95 shall apply in relation to every such sittings as they apply in relation to a
sitting from which the Speaker, or as the case may be, the Deputy Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the
proceedings of, the House of the People while any resolution for his removal from
office is under consideration in the House and shall, notwithstanding anything in
article 100, be entitled to vote only in the first instance on such resolution or on any
other matter during such proceedings but not in the case of equality of votes.

Article 98 : provides that each House of Parliament shall have a separate

secretarial staff. However, there is no prohibition against the creation of posts to both
the Houses.
Parliament may, by Law, regulate the recruitment and the conditions of service of persons
appointed to the secretarial staff of either House of Parliament.11 Until such a law is made,
the President may, after consultation with the speaker of the Lok Sabha or the Chairman
of the Rajya Sabha, as the case may be, make rules for this purpose. Such rules shall have
effect subject to the provision of any Law made by Parliament under this Clause.12
It may be noticed that Article 309 does not apply to the servants of Parliament. There are
regulated under the provision to be made under Article 98.13

Article 85. Sessions of Parliament, prorogation and dissolution

(1) The President shall form time to time summon each House of Parliament to meet at such
time and place as he thinks fit, but six months shall not intervene between its session and date

11
Article 98(2)
12
Clause (3) of Article 98.
13
Moti lal v. UOI, AIR1965
 appointed for its first sitting in the next session (2) The President may from time to time
(a) prorogue the Houses or either House;(b) dissolve the House of the People

#Case law: Rao v. Indira, AIR 1971

In this case U.N RAO vs. INDIRA GANDHI, the appellant U.N RAO in his petition had
prayed that writ of QUO WARRANTO be issued to the respondent i.e. SMT. INDIRA
GANDHI, that her constitutional authority of holding office as to function as a Prime Minister
of India is over and she no more has any authority to take any policy decisions over the
nations welfare.

The appellant contends that as soon as the House of People is dissolved under the constitution
article 85(2), Council of Ministers i.e. the Prime Minister and other Ministers cease to hold
the office and automatically discharge their powers and responsibility.

As Article 75(3) provides that the Council of Ministers shall be collectively responsible to
the House of the People (Lok Sabha). Once the Lok Sabha was dissolved under Article
85(2), he argued that it would not be possible for the Council of Ministers to be responsible to
the Lower House. In that event, he suggested that the President could exercise the Executive
Power of the Union either directly or through officers subordinate to him as provided in
Article 53(1) of the Constitution.

The Supreme Court, rejecting Raos appeal, held that Article 74(1) which says There shall
be a Council of Ministers with the Prime Minister at the head to aid and advise the President
in the exercise of his functions is mandatory, and, therefore, the President cannot exercise
the executive power without the aid and advice of the Council of Ministers. However, Article
75(3) must be read as meaning that it applies only when the Lok Sabha does not stand
dissolved.

CONCLUSION:

The Supreme Court held that even after the dissolution of the Lok Sabha, the Council of
Ministers does not cease to hold office. The provisions of Article 75(3) which envisage the
doctrine of ministerial responsibility (to the Lok Sabha) has to be harmoniously construed
with the provisions of Articles 74(1) and 75(2). Thus, Article 75(3) will apply only when the
House does not stand dissolved or prorogued. It cannot, therefore, be said that on the
dissolution of the House, the Prime Minister and other Ministers must resign or be dismissed
by the President.

Article 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

(2) The President may send messages to either House of Parliament, whether with respect to a
Bill then pending in Parliament or otherwise, and a House to which any message is so sent
shall with all convenient dispatch consider any matter required by the message to be taken
into consideration.

Article 87: Special address by the President

(1) At the commencement of the first session after each general election to the House of the
People 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 rules regulating the procedure of either House for the allotment
of time for discussion of the matters referred to in such address.

DURATION OF HOUSES OF
PARLIAMENT
Duration of Rajya Sabha [Article83 (1)]
Rajya Sabha is a permanent house and not subject to dissolution. However, as nearly as one-third
of its member retire on the expiration of every second year14 in accordance with the provisions
made in the behalf by parliament, by law.

Duration of Lok Sabha [Article 8392)]

Lok Sabha continues for five years from the date on which it holds its first meeting after being
constituted. The expiration of this period of five years operates as dissolution of Lok Sabha. This
period of five years may be extended by parliament, by law, for a period not exceeding one year
at a time during the period when a proclamation of Emergency made under article 352, is in
operation. However proviso to clause (2) of article 83, requires that it shall not exceed in any

14
Every year means after every two years.
case beyond a period of six months from the date of Proclamation of Emergency has created to
operate.

OFFICE OF PROFIT
Article (91) (e) (v) declares a person disqualified if he holds office of profit. The underlying idea
beyond this requirement is that the employee should be free from any pressure from the
government, so that there is no conflict of interest in the discharge of independence duties as an
elected person.15

The office of profit has not been defined either in constitution or in the Representation of People
Act, 1951. In the common parlance, the expression of profit connotes an idea of some pecuniary
gain. If there is some really some gain, its label-honorarium-remuneration-salary is not
material. The question came up for consideration before the Supreme Court in Satrucharla
Chandrasekhar v. Vyricherla Pradeep Kumar Dev wherein the court referring to its earlier
decision, summarized the following test or principle that emerged for determining whether a
person held an office of profit under the government:

(1) The power of the government to appoint a person in office or to revoke his appointment
at its discretion.
(2) The payments from out of the government revenues are important factors.
(3) What are the functions of the Holder? Does he perform them for the government?
(4) Does the government exercise any control over the performance of those functions?
(5) Sometimes, the form may be that of a body corporates independent of the government,
but in substance, it may just be the alter ago of the government itself.
(6) Whether the body is discharging any governmental function or just some function which
is merely optional from the point of view of government.
Relying upon the satrucharla Chandrasekhar rajus case the supreme court in Sibhu Soren
v. Dayanand sahay, held that the appellant, at the time of filling his nomination paper to
contest the election to rajya sabha was holding an office of profit under the state
government as the chairman of the interim Jharkhand area autonomous council act, 1994.
Being chairman of JAAC, he was receiving honorarium, daily travelling allowances and
allowances for meetings, apart from rent free accommodation and with car driver.
The grant of honorarium of Rs 1750/- per month besides other perquisites in addition to
the payment of daily allowances, the court held, did bring in an element of granting
profits to the appellant.

15
Sab Singh mehra v. state of uttarakhand AIR 2013
 VACATION OF SEATS No Simultaneous Membership of
more than One House (Article 101)
Article 101(1) provides that no person shall be a member of both houses of parliament. It further
says that Parliament, by law, shall make provision for the vacation, by a person who is chosen a
member of both Houses, of his seat in one Houses or the other. The Representation of People
Act, 1951, enacted by parliament thus provides-

I. If a person is elected to both houses of parliament, he must intimate, within 10 days from
the publication of election results, in which House he desires to serve. In default of such
intimation within these ten days, his seat in the Rajya Sabha shall fall vacant on the expiry
of such period.
II. If a sitting member of Rajya Sabha, i.e., a person already a member of Rajya Sabha, is
elected to Lok Sabha, he may intimate his choice of the house he desires to serve within
ten days. If he fails to intimate, his seat in Rajya Sabha shall fall vacant on the expiration
of such period of ten days.
III. If a sitting member of Lok Sabha is elected to Rajya Sabha, he may intimate his choice of
the house he desires to serve within ten days of his election, in default of which, his seat in
Lok Sabha shall fall vacant on the expiration of such period of ten days.

Clause (2) of Article 101 further provides that no person shall be a member of both of
parliament and of a House of the Legislature of a State. If a person is elected to both the
parliament and house of legislature of a state, then he may make a choice of the house he
desires to serve within such period as may be specified period, his seat in parliament shall
become vacant, unless he has previously resigned his seat in the house of the state
legislature. The prohibition of simultaneous membership rules, 1950, prescribes a period
of 14 days for making the choice of the House.
The rules further provides that if a person is elected to the legislature of two or more
states his seat in the Legislature of such states shall become vacant on the expiration of
10 days from the date of election if he does not intimate his choice of the house within
this specified time or unless he has previously resigned his seat, in the Legislature of all
but one of such states.
Again, if a person is elected to more than one seat in a house, he is to intimate within ten
days his choice of only one seat in that house. On his failure to do so, all his seats in that
house shall become vacant on expiration of the specified period.
 Article 104. penalty for sitting and voting before making oath or
affirmation under 99 or not qualified or when disqualified- if a person sits or
votes as a member of either house of parliament before he has complied with the requirements
of article 99, or when he knows that he is not qualified or that he is disqualified for
membership thereof, or that he is prohibited from so doing by the provision of any law made
by the parliament, he shall be liable in respect of each day on which he so sits or votes to a
penalty of five hundred rupees to be recovered as a debt due to the union.

Article 106.Salaries and allowances of members.-Members of either House

of Parliament shall be entitled to receive such salaries and allowances as may from time to
time be determined by Parliament by law and, until provision in that respect is so made,
allowances at such rates and upon such conditions as were immediately before the
commencement of this Constitution applicable in the case of members of the Constituent
Assembly of the Dominion of India.

Adjournment

An adjournment suspends the work in a sitting for a specified time, which may be hours, days
or weeks. In this case, the time of reassembly is specified. An adjournment only terminates a
sitting and not a session of the House. The power of adjournment lies with the presiding
officer of the House.

Prorogation

Prorogation means the termination of a session of the House by an order made by the
President under article 85(2)(a) of the Constitution. Prorogation terminates both the sitting and
session of the House. Usually, within a few days after the House is adjourned sine die by the
presiding officer, the President issues a notification for the prorogation of the session.
However, the President can also prorogue the House while in session.

Language to be used in Parliament (Article 120)

Article (120). Language to be used in Parliament

(1) Notwithstanding anything in Part XVII, but subject to the Article 348, business in Parliament
shall be transacted in Hindi or in English: Provided that the Chairman of the Council of States or
Speaker of the House of the People, or Person acting as such, as the Case may be, may permit
any member who cannot adequately express himself in Hindi or in English to address the House
in his mother tongue.
(2) Unless Parliament by Law otherwise provides, this article shall, after the expiration of a
period of fifteen years from the commencement of this Constitution, have effect as if the words
or in English were omitted therefrom.

CONDUCT OF BUSINESS

OATH AND AFFIRMATION BY MEMBERS (ARITCLE 99)

The business in the House of Parliament is initiated with the oath taking ceremony.
Article 99 requires that every member of either House shall, before taking his seat,
make and subscribe before the President, or some person appointed in that behalf by
him, an oath or affirmation, according to the form set out for the purpose in third
schedule to the Constitution. Non Compliance of this requirement entails penalty
under Article 104.
Voting in the House (Article 100)
ARTICLE (100) says that all the questions at any sitting of either house or at the joint
sitting of the House of Parliament, shall be determined by the simple majority of
members present and voting. The chairman or speaker or person acting as such, shall
not vote in the first instance. He shall exercise a casting vote in the case of equality of
votes.16
Existence of any vacancy in the membership of the House does not affect its
functioning. The House shall have the power to elect and conduct its proceedings
notwithstanding any vacancy therein.17

Quorum for the Meeting [Article 100(3)]

Clause (3) of Article 100 provides that until Parliament, by law. Otherwise provides,
the quorum to constitute a meeting of either House of Parliament shall be one-tenth of
the total number of member of the House. But, Parliament may, by making of law,
provides a different rule in this . The purpose of quorum is to ensure that there is
proper transaction of business and decision takes epitomizes the representatives
character.
The Madhya Pradesh High Court in Than Singh v. State of Madhya Pradesh,18
The concept of quorum is basically a safeguard against the apprehension that a
minuscule persons or members may boast of having taken a decision on the behalf of
the body even though the large body of members are unaware or not parties to the
decision.

16
Clause (1) of Article 100
17
Clause (2) of Article 100
18
AIR 2005 MP 170
Absence of Quorum [Article 100(4)]
Clause (4) of Article 100 requires that if at any there is no quorum, the Chairman or
the Speaker or the person acting as such, shall adjourn the House or suspend the
meeting until there is quorum. It has been declared a duty of Chairman or the
Speaker, as the case may be, not to conduct the proceeding of the House, until there is
Quorum.

Legislative procedures
Legislative procedures mean the procedures which are followed for making laws. It is
initiated by the introduction of the proposals for the legislation in the form of a Bill
and involves the following stages-
(a) Introduction of the bill in one of the House.
(b) When it is passed by that House, the Bill is transmitted to the other House.
(c) When the Bill is passed or deemed to have passed by both the Houses, it is sent to
the President for his assent thereto. On his assent, the Bill becomes law and
legislative procedure is completed.
The Legislative procedure is discussed in respect to the following Bills-
(a) Ordinary Bill
(b) Money Bill
(c) Financial Bill
(d) Bill involving expenditure from consolidated fund of India.

Ordinary Bill (Article 107)

An ordinary Bill may be defined as that Bill which is neither a Money Bill,
nor a Financial Bill nor a bill involving expenditure from the consolidated
Fund.
Article 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 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.
Money Bill (Article 110)
(1) For the purpose of this Chapter, 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:
(a) The imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by
the Government of India or the amendment of the law with respect to any
financial obligations undertaken or to be undertaken by the Government of
India;
(c) The custody of the Consolidated Fund or the Contingency Fund of India,
the payment of moneys into or the withdrawal of moneys from any such Fund;
(d) The appropriation of moneys out of the Consolidated Fund of India;
(e) The declaration of any expenditure to be expenditure charged on the
Consolidated Fund of India or the increasing of the amount of any such
expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the
public account of India or the custody or issue of such money or the audit of
the accounts of the Union or of a State; or
(g) Any matter incidental to any of the matters specified in sub-clause (a) to
(f).
(2) 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 of body for local purposes.
(3) If any question arises whether a Bill is a Money Bill or not, the decision of
the Speaker of the House of the People thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the
Council of States under article 109, and when it is presented to the President
for assent under article 111, the certificate of the Speaker of the House of the
People signed by him that it is a Money Bill.
Dead lock in the Houses of Parliament on a Bill (Article 108)
(1) For the purpose of this Chapter, 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:
(a) The imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by
the Government of India or the amendment of the law with respect to any
financial obligations undertaken or to be undertaken by the Government of
India;
(c) The custody of the Consolidated Fund or the Contingency Fund of India,
the payment of moneys into or the withdrawal of moneys from any such Fund;
(d) The appropriation of moneys out of the Consolidated Fund of India;
(e) The declaration of any expenditure to be expenditure charged on the
Consolidated Fund of India or the increasing of the amount of any such
expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the
public account of India or the custody or issue of such money or the audit of
the accounts of the Union or of a State; or
(g) Any matter incidental to any of the matters specified in sub-clause (a) to
(f).
(2) 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 of body for local purposes.
(3) If any question arises whether a Bill is a Money Bill or not, the decision of
the Speaker of the House of the People thereon shall be final.
(4) There shall be endorsed on every Money Bill when it is transmitted to the
Council of States under article 109, and when it is presented to the President
for assent under article 111, the certificate of the Speaker of the House of the
People signed by him that it is a Money Bill.
Assent to Bills (Article 111)
When the Bill has been passed by both the Houses of the Parliament, it shall
be presented to the President for his Assent. The President may declare either
that he assents to the Bill, or that he withholds his Assent therefrom. When the
Presidents assent to the Bill, it becomes an act, if he withholds his assent the
Bill lapses. When a Bill has been passed by the Houses of Parliament, it shall
be presented to the President, and the President shall declare either that he
assents to the Bill, or that he withholds assent therefrom:
Provided that the President may, as soon as possible after the presentation to
him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses
with a message requesting that they will reconsider the Bill or any specified
provisions thereof and, in particular, will consider the desirability of
introducing any such amendments as he may recommend in his message, and
when a Bill is so returned, the Houses shall reconsider the Bill accordingly,
and if the Bill is passed again by the Houses with or without amendment and
presented to the President for assent, the President shall not withhold assent
therefrom.
The constitution does not prescribe any time limit within which the President
should give or withhold his assent to the Bill presented to him. The President
may thus keep the Bill pending with him indefinitely, which may be called as
POCKET VETO
PROCEDURES IN FINANCIAL MATTERS
As regards the procedures to be followed in the Houses of Parliament for the
purpose of timely completion of the financial business, Article 119 confers
power of the Parliament to make law for the purpose.
In the financial matters, the legislative procedures are initiated with the
presentation of the Annual Budget in the Houses of the Parliament. Various
estimates, the demands for grant, and the Appropriation Bills are discussed
and passed by the Houses.

(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 the Condition as
expenditure charged upon the Consolidated Fund of India; and
(b) The sums required to meet other expenditure proposed to be made from
the Consolidated Fund of India, and shall distinguish expenditure on revenue
account from other expenditure
(3) The following expenditure shall be expenditure charged on the
Consolidated Fund of India
(a) The emoluments and allowances of the President and other expenditure
relating to his office;
(b) The salaries and allowances of the Chairman and the Deputy Chairman of
the Council of States and the Speaker and the Deputy Speaker of the House of
the People;
(c) debt charges for which the Government of India is liable including interest,
sinking fund charges and redemption charges, and other expenditure relating
to the raising of loans and the service and redemption of debt;
(d)
(i) The salaries, allowances and pensions payable to or in respect of Judges of
the Supreme Court,
(ii) Thepensions payable to or in respect of Judges of the Federal Court,
(iii) the pensions payable to or in respect of Judges of any High Court which
exercises jurisdiction in relation to any area included in the territory of India
or which at any time before the commencement of this Constitution exercises
jurisdiction in relation to any area included in a Governors Province of the
Dominion of India;
(e) The salary, allowances and pension payable to or in respect of the
Comptroller and Auditor General of India;
(f) Any sums required to satisfy any judgment, decree or award of any court
or arbitral tribunal;
(g) Any other expenditure declared by this Constitution or by Parliament by
law to be so charged.

Appropriation Bill (Article 114)

114. Appropriation Bills
(1) As soon as may be after the grants under article 113 have been made by
the House of the People, there shall be introduced a Bill to provide for the
appropriation out of the Consolidated Fund of India of all moneys required to
meet
(a) The grants so made by the House of the People; and
(b) The expenditure charged on the consolidated fund of India but not
exceeding in any case the amount shown in the statement previously laid
before Parliament
(2) No amendment shall be proposed to any such Bill in either House of
Parliament which will have the effect of varying the amount or altering the
destination of any grant so made or of varying the amount of any expenditure
charged on the Consolidated Fund of India, and the decision of the person
presiding as to whether an amendment is inadmissible under this clause shall
be final
(3) Subject to the provisions of articles 115 and 116, no money shall be
withdrawn from the Consolidated Fund of India expect under appropriation
made by law passed in accordance with the provisions of this article.

Votes on Account [Article 116(1) (a)]

Votes on Account are the grants which are made in advance in respect of
estimated expenditure for a part of financial year pending the completion of
the procedure prescribed for the passing of the Annual appropriation Bill
contained in Articles 113 and 114. The votes on account shall mention
separately the expenditure which is declared to be charged upon the
consolidated fund of India and other expenditure proposed to be made. Thus,
votes on account are to be submitted to the Lok sabha for being allowed.
Votes on Account are presented to the Lok Sabha, in case, there is delay, for
some reason or other, in the passing of the regular Annual Budget and the
Annual Appropriation Act, before 31st of March of the Financial year.

Votes of Credit [Article 116(1) (b)]

Vote of Credit is a grant which is made for meeting an unexpected demand
upon the resources of the government when on account of the magnitude or
indefinite character of the service, the demand cannot be stated with the
details ordinarily given in Annual Financial Statement. The provision of
article 113 and 114 are applicable to the making of any vote of credit

Exceptional Grants [Article 116(1) (c)]

An Exceptional Grant is a grant which forms no part of the current service
of any financial year. The provision of Article 113 and 114 would have effect
in relation to the making off such a grant.

Supplementary, additional or excess grants (Articles 115)

115. Supplementary, additional or excess grants
(1) The President shall
(a) If the amount authorized by any law made in accordance with the
provisions of article 114 to be expended for a particular service for the current
financial year is found to be insufficient for the purposes of that year or when
a need has arisen during the current financial year for supplementary or
additional expenditure upon some new service not contemplated in the annual
financial statement for that year, or
(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 the estimated
amount of that expenditure or cause to be presented to the House of the People
a demand for such excess, as the case may be
(2) The provisions of articles 112, 113 and 114 shall have effect in relation to
any such statement and expenditure or demand and also to any law to be made
authorizing 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
authorization of appropriation of moneys out of the Consolidated Fund of
India to meet such expenditure or grant.

Rules of Procedures (Article 118)

118. Rules of procedure
(1) Each House of Parliament may make rules for regulations, subject to the
provisions of this Constitution, its procedure and the conduct of its business
(2) Until rules are made under clause (1), the rules of procedure and standing
orders in force immediately before the commencement of this Constitution
with respect to the Legislature of the Dominion of India shall have effect in
relation to Parliament subject to such modifications and adaptations as may be
made therein by the Chairman of the Council of States or the Speaker of the
House of the People, as the case may be
(3) The President, after consultation with the Chairman of the Council of
States and the Speaker of the House of the People, may make rules as to the
procedure with respect to joint sittings of, and communications between, the
two Houses
(4) At a joint sitting of the two Houses the Speaker of the House of the
People, or in his absence such person as may be determined by rules of
procedure made under clause ( 3 ), shall preside.

Rules Regulating Procedures in Financial Matters (Article 119)

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

Parliament may, for the purpose of the timely completion of financial
business, regulate by law the procedure of, and the conduct of business in,
each House of Parliament in relation to any financial matter or to any Bill for
the appropriation of moneys out of the consolidated Fund of India, and, if and
so far as any provision of any law so made is inconsistent with any rule made
by a House of Parliament under clause ( 1 ) of Article 118 or with any rule or
standing order having effect in relation to Parliament under clause ( 2 ) of that
article, such provision shall prevail.
Sessions of Indian Parliament
A session of Indian Parliament is the time period during which a
House meets almost every day continuously to transact business.
There are usually three sessions in a year. They are the Budget
Session (February to May); the Monsoon Session (July to
September); and the Winter Session (November to December). A
session contains many meetings. Each meeting has two sittings
morning sitting from 11 am to 1 pm and post-lunch sitting from 2
pm to 6 pm.
A sitting of Parliament can be terminated by adjournment,
adjournment sine die, prorogation or dissolution. Technically, a
session of Indian Parliament is the period between the first sitting
of a House and its prorogation or dissolution. The period between
the prorogation of a House and its reassembly in a new session is
called recess.

Summoning
Summoning is the process of calling all members of the
Parliament to meet. It is the duty of Indian President to summon
each House of the Parliament from time to time. The maximum
gap between two sessions of Parliament cannot be more than six
months. In other words, the Parliament should meet at least twice
a year.

Dissolution
A dissolution ends the very life of the existing House, and a
new House is constituted after general elections are held. Rajya
Sabha, being a permanent House, is not subject to dissolution.
Only the Lok Sabha is subject to dissolution.

The dissolution of the Lok Sabha may take place in either of two
ways:

1. Automatic dissolution: On the expiry of its tenure five years or

the terms as extended
during a national emergency.
2. Order of President: If President is authorized by CoM, he can
dissolve Lok Sabha, even before the end of the term. He may also
dissolve Lok Sabha if CoM loses confidence and no party is able to
form the government. Once the Lok Sabha is dissolved before the
completion of its normal tenure, the dissolution is irrevocable.
1. Shankari Prasad Case V. Union of India, 1951
Shankari Prasad Vrs. Union of India is a landmark case in the basic structure of our constitution.
In the cases, the power to amend the rights had been upheld on the basis of Article 368. Chief
Justice Subba Rao writing for the majority six judges in special bench of eleven, overruled the
previous decisions.

2. Sajjan Singh v. State of Rajasthan, 1965

The validity of the Seventeenth Amendment was challenged in this case. The main contention
before the five-judge bench of the Supreme Court was that the Seventeenth Amendment limited
the jurisdiction of the High Courts and, therefore, required ratification by one-half of the States
under the provisions of article 368. The court unanimously disposed of this contention, but
members of the court chose to deal with a second submission, that the decision in the Shankari
Prasad case should be reconsidered. The Chief Justice (Gajendragadkar C.J.) in delivering the
view of the majority (Gajendragadkar C.J., Wanchoo and Raghubar Dayal JJ.) expressed their
full concurrence with the decision in the earlier case. The words amendment of this
constitution in article 368 plainly and unambiguously meant amendment of all the provisions of
the Constitution; it would, therefore, be unreasonable to hold that the word law in Article 13(2)
took in Constitution Amendment Acts passed under article 368.
They went on to point out that, even if the powers to amend the fundamental rights were not
included in article 368, Parliament could by a suitable amendment assume those powers. The
Chief Justice also dealt in his judgment with the wording of article 3lB. That article, he
considered, left it open to the Legislatures concerned to repeal or amend Acts that had been
included in the Ninth Schedule. But the inevitable consequence would be that an amended
provision would not receive the protection of article 31B and that its validity could be examined
on its merits.
Hidayatullah and Mudholkar JJ., in separate judgments, gave notice that they would have
difficulty in accepting the reasoning in Shankari Prasads case in regard to the relationship of
articles 13 (2) and 368. Hidayatullah J. said that he would require stronger reasons than those
given in that case to make him accept the view that the fundamental rights were not really
fundamental, but were intended to be within the power of amendment in common with other
parts of the Constitution. The Constitution gives so many assurances in Part III that it would be
difficult to think that they were the play things of a special majority. Mudholkar J. took the
view that the word law in article 13 (2) included an amendment to the Constitution under
article 368.Article 368 does not say that when Parliament makes an amendment to the
Constitution it assumes a different capacity, that of a constituent body. The learned Judge
recalled that India had a written constitution, which created various organs at the Union and State
levels and recognized certain rights as fundamental.

3. Golak Nath vs. the State of Punjab (1967)

In 1967, in Golak Nath vs. The State of Punjab, a bench of eleven judges (such a large bench
constituted for the first time) of the Supreme Court deliberated as to whether any part of the
Fundamental Rights provisions of the constitution could be revoked or limited by amendment of
the constitution.
Secondly, the Supreme Court of India gave a momentous judgement on the 28th February ,1967
in the famous case of Golak Nath & others Vrs. State of Punjab by declaring that the
Fundamental Rights were transcendental and inviolable and the Parliament of India had no
power to take away or abridge any of the Fundamental Rights guaranteed by the Constitution by
way of the Constitutional amendments. Their lordship felt that the liberty of the Individual in the
Indian Constitution is subject to various reasonable restrictions which are expressly mentioned
in the Constitution and that no further limitations should be imposed on it at any time.

4. The Kesavananda case (1973)

The decision of the Supreme Court in the Golak Nath Case has created a constitutional deadlock.
The deadlock was over in the famous case of Keshavananda Bharati and Others vrs.State of
Kerala in 1973. The Supreme Court recognized basic structure concept for the first time in the
historic Kesavananda Bharati case in 1973. Ever since the Supreme Court has been the
interpreter of the Constitution and the arbiter of all amendments made by parliament. The court
by majority overruled the Golak Nath case which denied parliament the power to amend
fundamental rights of the citizens. In this case the petitioners challenged the validity of the 24th,
25th, 26th and 29th constitutional amendments.

This decision is not just a landmark in the evolution of constitutional law, but a turning point in
constitutional history. It is a landmark of the Supreme Court of India, and is the basis in Indian
law for the exercise by the Indian judiciary of the power to judicially review, and strike down,
amendments to the Constitution of India passed by the Indian Parliament which conflict with or
seek to alter the Constitutions basic structure.

5. Indira Gandhi v. Raj Narain, (1975)

Basic Structure concept reaffirmed in this case. The Supreme Court applied the theory of basic
structure and struck down Cl(4) of article 329-A,which was inserted by the 39th Amendment in
1975 on the ground that it was beyond the amending power of the parliament as it destroyed the
basic feature of the constitution.
Four basic features
Justice Y.V. Chandrachud listed four basic features which he considered unamendable:
Sovereign democratic republic status.
Equality of status and opportunity of an individual.
Secularism and freedom of conscience and religion.
Government of laws and not of men i.e. the rule of law.
42nd Amendment
After the decision of the Supreme Court in Keshvanand Bharti and Indira Nehru Gandhi case the
constitution (42nd Amendment) Act, 1976 was passed which added two new clauses, namely,
clause (4) and (5) to Art.368 of the Constitution. It declared that there shall be no limitation
whatever on the constituent power of parliament to amend by way of addition, variation or repeal
of the provisions of the Constitution under this Article.
This Amendment would put an end to any controversy as to which is supreme, Parliament or the
Supreme Court. Clause (4) asserted the supremacy of the parliament. It was urged that
Parliament represents the will of the people and if people desire to amend the Constitution
through Parliament there can be no limitation whatever on the exercise of this power. This
amendment removed the limitation imposed on the amending power of the Parliament by the
ruling of the Supreme Court in Keshvanand Bhartis case. It was said that the theory of basic
structure as invented by the Supreme Court is vague and will create difficulties. The amendment
was intended to rectify this situation.

6. Minerva Mill v. Union of India (1980)

In this case of Minerva Mill v.Union of India, the validity of 42nd amendment Act was
challenged on the ground that they are destructive of the basic structure of the Constitution.
The Supreme Court by majority by 4 to 1 majority struck down clauses (4) and (5) of the article
368 inserted by 42nd Amendment, on the ground that these clauses destroyed the essential
feature of the basic structure of the constitution. It was ruled by court that a limited amending
power itself is a basic feature of the Constitution. The historical Judgment laid down that: The
amendment made to Art.31C by the 42nd Amendment is invalid because it damaged the essential
features of the Constitution. Clauses (4) and (5) are invalid on the ground that they violate two
basic features of the Constitution viz. limited nature of the power to amend and judicial review.
The courts cannot be deprived of their power of judicial review. The procedure prescribed by Cl.
(2) is mandatory. If the amendment is passed without complying with the procedure it would be
invalid. The Judgment of the Supreme Court thus makes it clear that the Constitution is Supreme
not the Parliament. Parliament cannot have unlimited amending power so as to damage or
destroy the Constitution to which it owes its existence and also derives its power.
The Fundamental Rights and the Directive Principles are required to be viewed as the two sides
of the same coin. Both should be complementary to each other and there should be no
confrontation between them. Undoubtedly, Part IV (containing the Directive Principles) is a part
of the Constitution. Even though the Directives are not enforceable in the Courts of law, Article
37 clearly says that it shall be the duty of the State to apply these principles ill making laws.
An undue importance on civil liberties and rights in total disregard of the need to bring about
social and economic justice, may lead to a mass upheaval. Any importance on the Directive
Principles alone, in total disregard of the rights and liberties, may lead to totalitarianism. Hence a
harmonious balance should be maintained between Part III and Part IV of the Constitution and
real synthesis should come out only from harmonising the spirit of political democracy with the
spirit of economic democracy.

7. Chandra Kumar v. Union of India (1997)

Article 323-A and 323-B, both dealing with tribunals, were inserted by the 42nd Amendment.
Clause 2(d) of Art.323-A and Clause 3(d) of 323-B provided for exclusion of the jurisdiction of
the High Court under Art.226 and 227 and the Supreme Court under Art.32.
Majority Judgment:
The judgment of CJ Sikri held that fundamental rights conferred by Part III of the Constitution
cannot be abrogated, though a reasonable abridgement of those rights could be effected in public
interest. There is a limitation on the power of amendment by necessary implication which was
apparent from a reading of the preamble Every provision of the Constitution was open to
amendment provided the basic foundation or structure of the Constitution was not damaged or
destroyed.
ACKNOWLEDGEMENT
I would like to thank Dr.____________________ for giving me this golden opportunity to
present myself on union legislature. I got to know about the toipic very deeply and as a result
my knowledge got enhanced. I want to thank my mentor and my friends for guiding me and I
wquld also like to appreciate for books available in library which help me to do utmost of me.

I want to thank my almighty for giving me inner peace which I got for completing this project
work. At last I would once again thank my teacher as her lecture helped me to save my time to
study much about the subject.