SRUGK

113. Procedure in the Parliament with respect to estimate:

(1) So much of the estimate as relates to expenditures charged upon the Consolidated Fund of India shall not be submitted to the vote of the Parliament ,but nothing in this clause shall be construed as preventing the discussion in either House of the Parliament of any of those estimates.


(2) So much of the said estimate as relates to other expenditure shall be submitted in the form of demands for grants to the House of the people , and the House of the people shall have power to assent, or to refuse to assent , to any demand, or to assent to any demand subject to a reduction of the amount specified therein.


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


COMMENTS

The Annual Financial Statement or the Statement of the Estimated Receipts and Expenditures of the Government of India in respect of each financial year is popularly known as the Budget. Estimated expenditure is either charged upon the consolidated Fund of India or is submitted in the form of demand for grants for vote of the parliament.


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 money 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 the Parliament.


(2)No amendment shall be proposed to any such Bill in either House of the Parliament which have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditures charged on the Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is in admissible under this clause shall be final.


COMMENTS

A Bill to provide for the appropriation out of the Consolidated Fund of India of all moneys required to meet the grants and the expenditure charged on the consolidated Fund of India is introduced, considered and passed after the demands for grants have been passed by the House. The introduction of the Appropriation Bill cannot be opposed. The Constitution expressly prohibits an amendment to the Appropriation Bill. It also provides for a fund know as Consolidated Fund of India Moneys can be appropriated from the Consolidated Fund of India for the expenditures which are classified as charged Expenditures and voted Expenditures.


118. Rules of Procedure:

(1) Each House of the parliament may make rules for regulating, subject to the provision 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 effective in relation to the Parliament subject to such modifications and adoptions as may be made there in 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 Procedures 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 the rules of procedure made under clause (3) shall preside.


119. Regulation by law of procedure in the Parliament in the relation to financial business:

The 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 the Parliament in relation to any financial matter or to any Bill for the appropriation of money out 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 the House of the Parliament under clause (1) of Article 118 or with any rule or standing order having effect in relation to the Parliament under clause (2) of that Article such provision shall prevail.


COMMENTS

For timely completion of financial business, the Parliament may enact a law under this Article. What is a financial business is not defined in the Constitution. Thus, a wide variety of legislation which may not fall within the definition of money bill may be considered as falling within the term ‘financial business ‘. A law relating to monetary policy or restructuring the finances of companies may be considered within the term ‘financial business’.