🔰 Powers, Privileges and Immunities of Parliament and its Members 🔰

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🎲 Constitutional Basis

Articles 105 & 194 deal with the powers, privileges and immunities of Parliament/State Legislatures.

🎲 Purpose: To enable legislators to function independently and fearlessly.

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1️⃣ Powers of Parliament

🧩 Legislative Powers – Makes laws on Union List & Concurrent List (Art. 246).

🧩 Financial Powers – Controls taxation, budget, expenditure (Money Bill introduced only in Lok Sabha).

🧩 Constitutional Powers – Can amend Constitution (Art. 368).

🧩 Judicial Powers – Impeachment of President, removal of judges, punish for breach of privilege.

🧩 Electoral Powers – Elects President, Vice-President.

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2️⃣ Privileges and Immunities of Parliament & its Members (Art. 105)

🅰️ Collective Privileges of Parliament

◾️ Right to publish proceedings; others need Parliament’s permission.

◾️ Right to exclude strangers from proceedings and hold secret sittings.

◾️ Right to punish members/outsiders for breach of privilege or contempt.

◾️ Freedom to regulate its own internal proceedings.

🅱️ Individual Privileges of Members

◾️ Freedom of Speech in Parliament (Art. 105(1))

◾️ Members cannot be questioned in any court for anything said/voted in Parliament.

◾️ Subject to parliamentary rules and discipline.

◾️ Freedom from Arrest

◾️ Members cannot be arrested in civil cases during sessions, and 40 days before/after session.

◾️ No immunity in criminal cases.

◾️ Exemption from Jury Duty

◾️ Cannot be compelled to give evidence or appear as a witness while Parliament is in session.

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3️⃣ Limitations

Privileges are not absolute; they are subject to the fundamental rights of citizens (esp. freedom of speech, Art. 19).

They are undefined in many respects, hence decided on a case-to-case basis.

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4️⃣ Important Case Laws

🔲 Keshav Singh’s case (1965): Supreme Court held that Parliament’s privileges are subject to judicial review.

🔲 Shiv Sagar Tiwari case (1997): Misuse of privileges (allotment of government accommodation) was criticized.

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🎲 Conclusion

The powers, privileges and immunities of Parliament and its members are essential to maintain the independence and dignity of the legislature. However, since many privileges remain uncodified, the balance between legislative privileges and fundamental rights is maintained by the judiciary.

📌 Exam Tip: Always write – Articles 105 & 194, freedom of speech, freedom from arrest (civil cases), Keshav Singh case (1965).

🔰 Provisions as to Introduction and Passing of Bills in Parliament 🔰

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1️⃣ Types of Bills

🎯 Ordinary Bills – Any bill other than Money/Finance/Constitution Amendment Bill.

🎯 Money Bills – Related to taxation, borrowing, expenditure from Consolidated Fund (Art. 110).

🎯 Finance Bills – Financial matters, but not strictly Money Bills.

🎯 Constitution Amendment Bills – Amendments under Art. 368.

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2️⃣ Ordinary Bills (Art. 107)

Can be introduced in either House (Lok Sabha or Rajya Sabha).

Stages in Passing:

🎖 First Reading – Introduction & publication.

🎖 Second Reading – General discussion, committee stage, clause-by-clause consideration.

🎖 Third Reading – Debate & voting.

Must be passed by a simple majority in both Houses.

If disagreement: Joint Sitting (Art. 108), summoned by the President.

Requires President’s assent to become law.

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3️⃣ Money Bills (Art. 110 & 109)

🛶 Can be introduced only in Lok Sabha, on the recommendation of the President.

🛶 Rajya Sabha cannot amend/reject, can only recommend changes within 14 days.

🛶 Lok Sabha may accept or reject recommendations.

🛶 Final authority rests with Lok Sabha.

🛶 Requires President’s assent.

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4️⃣ Finance Bills

Type I (Art. 117(1)): Deals with taxation/expenditure from Consolidated Fund → same procedure as Money Bills.

Type II (Art. 117(3)): Involves financial matters, but follows procedure of an Ordinary Bill, with the condition of President’s recommendation.

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5️⃣ Constitution Amendment Bills (Art. 368)

🚜 Can be introduced in either House.

🚜 Must be passed in each House by special majority (2/3rd present and voting and majority of total membership).

🚜 No joint sitting in case of disagreement.

🚜 If it seeks to change federal provisions (e.g., representation of states, executive powers), it must be ratified by half of the State Legislatures.

🚜 Requires President’s assent.

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6️⃣ Role of President

🎯 Ordinary Bills – May give assent, withhold or return (except Money Bills).

🎯 Money Bills – Can only give or withhold assent.

🎯 Constitution Amendment Bills – Must give assent; cannot withhold or return.

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🔵 Conclusion

The Constitution provides different procedures for the passage of ordinary, money, finance and constitutional amendment bills to ensure checks and balances between both Houses of Parliament, the President and the States in a federal setup.

📌 Exam Tip: Always remember –

Art. 107–111 → Ordinary Bills

Art. 110 & 109 → Money Bills

Art. 117 → Finance Bills

Art. 368 → Constitutional Amendment Bills

🔰 Joint Sitting of Both Houses of Parliament 🔰

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🚀 Constitutional Provision

Article 108 of Indian Constitution.

A mechanism to resolve a deadlock between Lok Sabha and Rajya Sabha over the passage of an ordinary bill.

Presided over by the Speaker of Lok Sabha (or Deputy Speaker; in his absence, the Deputy Chairman of Rajya Sabha).

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🚀 When is a Joint Sitting Summoned?

The President may summon a Joint Sitting if a bill (other than Money Bill/Constitution Amendment Bill) has been rejected or delayed by the Houses:

🚦If one House rejects the bill.

🚦If the Houses finally disagree on amendments.

🚦If more than 6 months lapse without the other House passing the bill.

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🚀 Exceptions (No Joint Sitting)

Money Bills (Art. 110).

Constitution Amendment Bills (Art. 368).

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🚀 Procedure

At Joint Sitting → bill is passed by simple majority of members present and voting.

Lok Sabha dominates because it has more members.

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🚀 Important Joint Sittings Held

1961 – Dowry Prohibition Bill.

1978 – Banking Service Commission (Repeal) Bill.

2002 – Prevention of Terrorism Bill (POTA).

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🚀 Significance

Ensures legislative efficiency by resolving deadlocks.

Reflects the supremacy of Lok Sabha (directly elected House).

📌 Exam Tip: Always write – Art. 108, presiding officer = Speaker of Lok Sabha, not applicable to Money/Constitutional Amendment Bills + mention POTA 2002 example.

🔰 Money Bills 🔰

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🚁 Constitutional Provision

Article 110 of Indian Constitution.

A Money Bill is a bill that deals exclusively with matters relating to money – such as taxation, borrowing of money or expenditure from the Consolidated Fund of India.

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🚁 Definition (Art. 110(1))

A bill is deemed to be a Money Bill if it contains only provisions dealing with any or all of the following matters:

🔹 Imposition, abolition, remission, alteration or regulation of any tax.

🔹 Regulation of borrowing of money by the Government of India.

🔹 Custody of the Consolidated Fund of India or Contingency Fund of India and payment of money into or withdrawal from them.

🔹 Appropriation of money out of the Consolidated Fund.

🔹 Declaring any expenditure as charged on the Consolidated Fund.

🔹 Receipt of money on account of the Consolidated Fund or Public Account of India.

🔹 Any matter incidental to the above.

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🚁 Certification

The Speaker of the Lok Sabha decides whether a bill is a Money Bill and his decision is final (Art. 110(3)).

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🚁 Special Procedure

🔸 Can be introduced only in Lok Sabha, on recommendation of the President.

🔸 Rajya Sabha cannot reject/amend; it can only make recommendations within 14 days.

🔸 Lok Sabha may accept or reject those recommendations.

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🚁 Case Reference

Rojer Mathew v. South Indian Bank (2019): Supreme Court held that Speaker’s certification of a Money Bill is subject to judicial review in limited cases.

✅ Exam Tip: Always mention – Art. 110, Speaker’s final authority, only in Lok Sabha, Rajya Sabha’s limited role.

🔰 Annual Financial Statement 🔰

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⏰ Constitutional Provision

Article 112, Indian Constitution.

Known as the Union Budget.

It is a statement of the estimated receipts and expenditure of the Government of India for a financial year (1st April – 31st March).

⏰ Contents of the Annual Financial Statement

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⏰ The statement shows expenditure and receipts under three heads:

1️⃣ Consolidated Fund of India

All revenues received, loans raised and all money received in repayment of loans.

All expenditures are made from this fund, subject to parliamentary approval.

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2️⃣ Contingency Fund of India

Placed at the disposal of the President.

To meet unforeseen or urgent expenditure.

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3️⃣ Public Account of India

Transactions relating to provident funds, small savings, deposits, etc.

The government acts as a banker/trustee and no parliamentary approval is needed to withdraw.

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⏰ Procedure

➡️ Presentation – By the Finance Minister in Lok Sabha.

➡️ General Discussion – Both Houses discuss principles, not details.

➡️ Voting on Demands for Grants – Lok Sabha votes (only on Consolidated Fund expenditures).

➡️ Appropriation Bill – To authorize withdrawal from the Consolidated Fund.

➡️ Finance Bill – To give effect to taxation proposals.

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⏰ Significance

The Annual Financial Statement ensures financial accountability of the executive to the legislature.

Serves as the primary tool of parliamentary control over the nation’s finances.

📌 Exam Tip: Always write – Art. 112, Union Budget, three parts: Consolidated Fund, Contingency Fund, Public Account.

🔰 Legislative Powers of the President 🔰

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🔋 Constitutional Basis

Articles 85, 111, 123, 352 etc.

The President, though part of the Executive, is also an integral part of Parliament (Art. 79).

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1️⃣ Power to Summon, Prorogue and Dissolve Parliament

Summons each session of Parliament (Art. 85).

Can prorogue (end) a session.

Can dissolve the Lok Sabha on the advice of the Prime Minister.

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2️⃣ Addressing Parliament

Addresses both Houses at the beginning of the first session after every general election and at the first session of each year (Art. 87).

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3️⃣ Nomination of Members

Can nominate 12 members to Rajya Sabha (eminent persons in art, literature, science, social service).

Can nominate 2 members of Anglo-Indian community to Lok Sabha (Art. 331) – provision abolished by 104th Constitutional Amendment, 2019.

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4️⃣ Assent to Bills

A bill becomes law only after the President’s assent (Art. 111).

🔦 Options:

🔅 Give assent.

🔅 Withhold assent.

🔅 Return the bill (if not a Money Bill) for reconsideration.

If repassed, he must give assent.

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5️⃣ Money Bills

Can be introduced in Lok Sabha only with President’s recommendation (Art. 110, 117).

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6️⃣ Ordinance-Making Power (Art. 123)

Can promulgate ordinances when Parliament is not in session.

Ordinances have the same force as laws of Parliament, but must be approved within 6 weeks of reassembly.

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7️⃣ Other Powers

Lays reports like CAG, Finance Commission, UPSC before Parliament.

Prior sanction required before introducing certain bills (e.g., bills involving expenditure from Consolidated Fund).

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🔋 Conclusion

The President’s legislative powers ensure that he functions as an integral link between the Executive and Legislature, with significant influence through summoning, assent, ordinance-making and recommendation powers.

📌 Exam Tip: Always remember – Art. 85 (sessions), Art. 87 (address), Art. 111 (assent), Art. 123 (ordinances).