Parliamentary Procedure in India: Bills, Budget, Committees & Anti-Defection for UPSC

Parliament does not exercise its constitutional authority merely by assembling and voting. Its effectiveness depends on a structured system of legislative procedure, financial control, executive accountability, committee scrutiny and rules governing party discipline. For UPSC, this chapter connects the institutional structure of Parliament with its actual working. It explains how Bills become laws, why Money Bills follow a special route, how Parliament controls public expenditure, how committees examine government work, and how the Tenth Schedule regulates political defection.

Why This Chapter Matters

UPSC frequently tests distinctions such as:

• Ordinary Bill vs Money Bill vs Financial Bill
• Lok Sabha vs Rajya Sabha powers over financial legislation
• when a Bill lapses on dissolution of Lok Sabha
• when a joint sitting can be called
• charged expenditure vs voted expenditure
• Appropriation Bill vs Finance Bill
• Vote on Account vs Vote of Credit
• Public Accounts Committee vs Estimates Committee
• standing committee vs ad hoc committee
• no-confidence motion vs censure motion
• Article 102 disqualification vs Tenth Schedule disqualification
• merger protection vs the abolished split exception
• Speaker's authority vs judicial review under the anti-defection law

The chapter should therefore be studied through constitutional procedure rather than as a list of parliamentary terms.

Constitutional Framework

Article	Subject
107	Introduction and passing of Bills
108	Joint sitting of both Houses
109	Special procedure for Money Bills
110	Definition of Money Bill
111	Assent to Bills
112	Annual Financial Statement
113	Procedure with respect to estimates
114	Appropriation Bills
115	Supplementary, additional and excess grants
116	Vote on Account, Vote of Credit and exceptional grants
117	Special provisions relating to Financial Bills
118	Rules of procedure
119	Regulation by law of procedure in relation to financial business
120	Language used in Parliament
121	Restriction on discussion concerning conduct of judges
122	Courts not to inquire into parliamentary proceedings on ground of procedural irregularity
102(2)	Disqualification under the Tenth Schedule
Tenth Schedule	Disqualification on ground of defection

How a Bill Becomes a Law

A Bill is a legislative proposal placed before Parliament. Broadly, parliamentary Bills may be introduced as:

• Government Bills
• Private Members' Bills

A Government Bill is introduced by a Minister. A Private Member's Bill is introduced by a Member of Parliament who is not a Minister. This distinction concerns the person introducing the Bill. It does not by itself determine whether the Bill is an Ordinary Bill, Money Bill or Financial Bill.

Ordinary Bills

Article 107 provides the general framework for ordinary legislation. An Ordinary Bill may normally originate in:

• Lok Sabha, or
• Rajya Sabha

For a Bill to be enacted through the ordinary bicameral process, both Houses must agree to the same text. The broad stages include:

1. introduction
2. consideration
3. possible committee scrutiny
4. clause-by-clause consideration and amendments
5. passage by the originating House
6. passage by the other House
7. presentation to the President under Article 111

The exact parliamentary procedure is governed by the Constitution and the Rules of Procedure of the respective Houses.

Three Situations of Deadlock

Article 108 provides a mechanism for resolving certain legislative deadlocks between the Houses. A joint sitting may become constitutionally possible when, after a Bill has been passed by one House and transmitted to the other:

1. the other House rejects the Bill
2. the Houses finally disagree on amendments
3. more than six months elapse without the other House passing the Bill

The constitutional calculation of six months excludes periods when the House is prorogued or adjourned for more than four consecutive days. The President may notify the intention to summon the Houses for a joint sitting.

Joint Sitting of Parliament

At a joint sitting:

• members of both Houses sit together
• the Speaker of Lok Sabha ordinarily presides
• the Bill is decided by the majority prescribed by Article 108

Because Lok Sabha has a substantially larger membership than Rajya Sabha, its numerical strength can be significant in a joint sitting.

Joint Sitting Is Not Available for Every Bill

There is no joint sitting for:

• Money Bills, because Articles 109 and 110 provide a separate procedure
• Constitution Amendment Bills, because Article 368 requires passage separately by each House according to the prescribed special majority

📌 Prelims Trap: A disagreement between Lok Sabha and Rajya Sabha over a Constitution Amendment Bill cannot be resolved through Article 108.

What Happens to Bills When Lok Sabha Is Dissolved?

Article 107 contains important rules concerning lapse of Bills.

Does Not Lapse

A Bill:

• pending in Rajya Sabha
• which has not been passed by Lok Sabha

does not lapse merely because Lok Sabha is dissolved.

Lapses

A Bill generally lapses if it is:

• pending in Lok Sabha, or
• passed by Lok Sabha and pending in Rajya Sabha

when Lok Sabha is dissolved.

Important Joint Sitting Exception

Where the President has already notified the intention to summon a joint sitting under Article 108 before dissolution, the Bill does not lapse merely because Lok Sabha is subsequently dissolved. This is a classic UPSC distinction.

Ordinary Bill vs Money Bill

Feature	Ordinary Bill	Money Bill
Constitutional basis	Article 107	Articles 109 and 110
House of introduction	Either House	Lok Sabha only
Prior presidential recommendation	Not generally required merely because it is an Ordinary Bill	Required for introduction
Rajya Sabha power	Can amend or reject	Can only recommend
Rajya Sabha time limit	No special 14-day rule	14 days
Joint sitting possible	Yes, where Article 108 conditions arise	No
Speaker certification	Not required	Required
Presidential return for reconsideration	Constitution permits return of a non-Money Bill	Money Bill cannot be returned under Article 111 proviso

Money Bill: Article 110

A Bill is a Money Bill only if it contains only provisions dealing with matters specified in Article 110(1) and matters incidental to them. The specified subjects include matters concerning:

• imposition, abolition, remission, alteration or regulation of a tax
• regulation of government borrowing or guarantees
• custody of the Consolidated Fund of India or Contingency Fund
• payment into or withdrawal from the Consolidated Fund
• appropriation of money from the Consolidated Fund
• declaring expenditure charged on the Consolidated Fund or increasing such expenditure
• receipt, custody, issue or audit of money concerning the Consolidated Fund or Public Account
• matters incidental to these subjects

A Bill is not a Money Bill merely because it involves a fine, fee or local taxation of the kinds excluded by Article 110(2).

Speaker's Certification of a Money Bill

Article 110(3) provides that if a question arises whether a Bill is a Money Bill, the decision of the Speaker of Lok Sabha is final. When a Money Bill is transmitted to Rajya Sabha and when it is presented to the President, it carries the Speaker's certificate. For UPSC purposes, distinguish this constitutional certification from the political question of whether a particular Bill should have been classified as a Money Bill.

Rajya Sabha and a Money Bill

Article 109 sharply limits Rajya Sabha's role. After Lok Sabha passes a Money Bill:

• it is transmitted to Rajya Sabha
• Rajya Sabha may recommend amendments
• it must return the Bill within 14 days

Lok Sabha may:

• accept all recommendations
• accept some recommendations
• reject all recommendations

If Lok Sabha rejects the recommendations, the Bill is deemed passed in the form originally passed by Lok Sabha. If Rajya Sabha does not return it within 14 days, the Bill is deemed passed by both Houses in the form passed by Lok Sabha.

📌 UPSC Core: Rajya Sabha does not possess a veto over a Money Bill.

Financial Bills: Do Not Confuse Them With Money Bills

All Money Bills concern financial matters, but every Financial Bill is not a Money Bill. Article 117 creates important categories of Financial Bills.

Financial Bill Under Article 117(1)

This type contains:

• one or more matters specified in Article 110(1)(a) to (f), and
• other matters as well

It is therefore broader than a Money Bill. Important consequences:

• it can be introduced only in Lok Sabha
• introduction requires the President's recommendation
• Rajya Sabha has the ordinary legislative power to amend or reject it
• a deadlock may lead to a joint sitting under Article 108

Financial Bill Under Article 117(3)

A Bill that would involve expenditure from the Consolidated Fund of India, but does not fall within the Article 117(1) category:

• may be introduced in either House
• cannot be passed unless the President has recommended its consideration

📌 Prelims Trap: A Financial Bill is not automatically a Money Bill.

President's Assent: Article 111

After passage by Parliament, a Bill is presented to the President. The President may:

• assent to the Bill
• withhold assent

In the case of a Bill that is not a Money Bill, the President may return it to Parliament for reconsideration. If Parliament passes the returned Bill again, with or without amendments, the President cannot withhold assent. The President's constitutional position and veto powers were examined in the President of India chapter.

The Union Budget: Article 112

The Constitution refers to the Budget as the: Annual Financial Statement

Article 112 requires a statement of the estimated receipts and expenditure of the Government of India for each financial year to be laid before both Houses of Parliament. The financial year runs from: 1 April to 31 March

The Budget is therefore not merely a speech or a single Finance Bill. Constitutionally, it is part of a wider set of financial statements, grants and legislation.

Charged Expenditure and Voted Expenditure

Article 112 distinguishes between:

1. expenditure charged upon the Consolidated Fund of India
2. other expenditure proposed to be made from the Consolidated Fund

Charged Expenditure

Charged expenditure is:

• discussed in Parliament
• not submitted to vote in Lok Sabha

Examples specified by the Constitution include expenditure relating to certain high constitutional offices and obligations.

Voted Expenditure

Other expenditure is submitted in the form of Demands for Grants. Lok Sabha votes on these demands. This is one reason Lok Sabha enjoys a distinctive constitutional role in financial control.

Demands for Grants: Article 113

Demands for Grants relate to expenditure that is subject to vote. Under Article 113:

• Demands for Grants are submitted to Lok Sabha
• Lok Sabha may assent
• Lok Sabha may refuse to assent
• Lok Sabha may assent subject to reduction of the amount

No Demand for a Grant may be made except on the recommendation of the President. Rajya Sabha may discuss the Budget, but it does not vote on Demands for Grants.

Departmentally Related Standing Committees and the Budget

After the general Budget discussion, Demands for Grants of Ministries and Departments are examined by the relevant Departmentally Related Standing Committees. The committees:

• scrutinise the Demands for Grants
• hear evidence and examine ministry material where applicable
• submit reports to Parliament

The recommendations are important instruments of legislative scrutiny, but they do not themselves substitute for the vote of Lok Sabha.

Cut Motions

Members of Lok Sabha may seek reduction of a Demand for Grant through a cut motion. There are three standard types.

Policy Cut

The motion seeks to reduce the demand to: Re 1

It signifies disapproval of the policy underlying the demand.

Economy Cut

The motion seeks reduction by a: specified amount

It indicates the economy that the member believes can be effected.

Token Cut

The motion seeks reduction by: Rs 100

It is used to ventilate a specific grievance within the sphere of Union Government responsibility.

Cut Motion	Reduction	Main purpose
Policy Cut	To Re 1	Disapproval of policy
Economy Cut	By specified amount	Economy in expenditure
Token Cut	By Rs 100	Specific grievance

Cut motions are governed by parliamentary rules and admissibility requirements.

Guillotine

Parliamentary time is limited. On the last day allotted for discussion of Demands for Grants, the Speaker may put the remaining Demands to vote at the appointed time without further discussion. This practice is commonly called the guillotine. The purpose is to ensure completion of the grant process within the parliamentary timetable.

For UPSC, remember:

Guillotine concerns pending Demands for Grants, not dissolution of Parliament or rejection of an entire Budget.

Appropriation Bill: Article 114

After Demands for Grants have been voted, an Appropriation Bill is introduced. Its purpose is to authorise withdrawal from the Consolidated Fund of India for:

• grants voted by Lok Sabha
• expenditure charged on the Consolidated Fund

No money can be withdrawn from the Consolidated Fund except under appropriation made by law in accordance with the Constitution.

Can an Appropriation Bill Be Amended?

An amendment cannot be proposed if its effect would:

• vary the amount of a grant
• alter the destination of a grant
• vary the amount of charged expenditure

The presiding officer's decision on admissibility is final for this purpose.

Finance Bill

The Finance Bill generally gives legislative effect to the Government's taxation proposals associated with the Budget. Do not confuse:

• Annual Financial Statement
• Demands for Grants
• Appropriation Bill
• Finance Bill

They perform different constitutional and legislative functions.

Budget Sequence

A simplified sequence is:

1. Annual Financial Statement presented
2. general discussion
3. committee scrutiny of Demands for Grants
4. discussion and voting on selected Demands in Lok Sabha
5. remaining Demands put to vote through guillotine
6. Appropriation Bill
7. financial or taxation legislation required to implement revenue proposals

Supplementary, Additional and Excess Grants: Article 115

Article 115 addresses situations where the original appropriation proves insufficient or expenditure circumstances change.

Supplementary Grant

Required where the authorised amount for a service is insufficient.

Additional Grant

Required where expenditure becomes necessary for a new service not contemplated in the original Budget.

Excess Grant

Concerns money already spent in excess of the amount granted for a service. An Excess Grant therefore differs from supplementary or additional provision because the expenditure has already occurred.

Article 116: Special Grants

Article 116 provides three important mechanisms.

Vote on Account

A Vote on Account allows Parliament to make a grant in advance for part of a financial year pending completion of the normal grant and appropriation process. It enables continuity of government expenditure.

Vote of Credit

A Vote of Credit is intended for an unexpected demand on India's resources when:

• the magnitude, or
• indefinite character of the service

makes detailed specification impracticable.

Exceptional Grant

An Exceptional Grant is made for a special purpose that does not form part of the current service of a financial year.

Vote on Account vs Vote of Credit vs Exceptional Grant

Device	Purpose
Vote on Account	Advance funding for part of the year pending full Budget approval
Vote of Credit	Unforeseen demand of uncertain magnitude or character
Exceptional Grant	Special purpose outside the current service of the financial year

Rules of Procedure: Article 118

Each House of Parliament may make rules for regulating:

• its procedure
• conduct of its business

Until such rules are made, the constitutional transitional framework applies. Article 118 also enables rules relating to joint sittings after consultation between the Speaker and Chairman and with presidential involvement as constitutionally provided.

Financial Procedure: Article 119

Parliament may by law regulate its procedure and conduct of business in relation to financial matters or Money Bills. Article 119 reflects the Constitution's special concern with timely and orderly completion of financial business.

Language in Parliament: Article 120

Business in Parliament may be transacted in:

• Hindi
• English

Subject to the Constitution and parliamentary arrangements, the presiding officer may permit a member who cannot adequately express himself or herself in Hindi or English to address the House in the member's mother tongue.

Discussion of Judges: Article 121

Parliament cannot discuss the conduct of a Judge of the Supreme Court or a High Court in the discharge of duties except upon a motion for presenting an address to the President praying for the Judge's removal. The restriction protects judicial independence while preserving the constitutionally prescribed removal process.

Article 122 and Parliamentary Proceedings

Article 122 provides that the validity of proceedings in Parliament cannot be questioned in court merely on the ground of an alleged irregularity of procedure. It also protects parliamentary officers and members exercising constitutional procedural powers from court jurisdiction in respect of those procedural functions.

However, Article 122 should not be converted into a claim that every parliamentary act is completely immune from constitutional judicial review. The Constitution distinguishes procedural irregularity from broader questions of constitutional legality.

Parliamentary Control Over the Executive

Parliament controls the executive through several mechanisms beyond passage of Bills. Major devices include:

• Question Hour
• Zero Hour
• motions
• discussions
• financial control
• committee scrutiny
• no-confidence proceedings
• parliamentary questions and assurances

These devices differ in their constitutional or rule-based status.

Question Hour

Question Hour enables MPs to seek information and hold Ministers publicly accountable. Questions may broadly include:

• Starred Questions
• Unstarred Questions
• Short Notice Questions

The detailed procedure is governed by the Rules and directions of the Houses. Question Hour is a parliamentary accountability mechanism, not a separate constitutional Article.

Zero Hour

Zero Hour developed through parliamentary practice. It is not expressly mentioned in the Constitution. It provides members an opportunity, subject to parliamentary procedure, to raise matters of urgent public importance.

📌 Prelims Trap: Zero Hour is a parliamentary practice, not a constitutional provision.

No-Confidence Motion

The constitutional basis lies in Article 75(3):

The Council of Ministers is collectively responsible to Lok Sabha.

The detailed Lok Sabha procedure is contained in Rule 198. A no-confidence motion:

• is directed against the Council of Ministers collectively
• need not state reasons
• requires the prescribed support for leave to be granted

Under Rule 198, if not less than 50 members rise in support when the Speaker seeks the sense of the House, leave is granted. The Speaker then fixes a day for discussion within the period prescribed by the rule.

If the Government loses a no-confidence vote, the principle of collective responsibility requires the Council of Ministers to resign. Rajya Sabha cannot remove the Union Council of Ministers through a no-confidence motion because collective responsibility under Article 75(3) is specifically to Lok Sabha.

No-Confidence Motion vs Censure Motion

Feature	No-Confidence Motion	Censure Motion
Target	Council of Ministers collectively	Government or Minister(s) over specified policy/action
Reasons required	Need not specify grounds	Normally based on specific grounds
Constitutional connection	Article 75(3) collective responsibility	Parliamentary accountability
Effect if carried	Government loses Lok Sabha confidence	Political condemnation; consequences depend on context
House	Lok Sabha	Parliamentary procedure applicable to the relevant motion

Do not treat the two expressions as interchangeable.

Adjournment Motion

An Adjournment Motion is an exceptional parliamentary device used to draw attention to a definite matter of urgent public importance under the applicable Lok Sabha rules. Its admission interrupts normal business and therefore follows restrictive admissibility conditions.

It differs from:

• adjournment of a sitting
• no-confidence motion
• calling attention
• short duration discussion

Parliamentary Committees

Modern Parliament deals with a volume and technical complexity of work that cannot be examined fully on the floor of the Houses. Committees provide:

• detailed scrutiny
• examination of expenditure
• examination of ministries
• legislative review
• evidence gathering
• follow-up on government action

Parliamentary committees may broadly be classified as:

1. Standing Committees
2. Ad hoc Committees

Standing Committees and Ad Hoc Committees

Standing Committees

Standing Committees are constituted on a continuing or periodic basis under parliamentary rules. Examples include:

• Financial Committees
• Departmentally Related Standing Committees
• committees dealing with House procedure and administration

Ad Hoc Committees

Ad hoc committees are created for a particular purpose and cease after completing the assigned task. Examples may include:

• Select Committees on Bills
• Joint Committees on Bills
• inquiry committees constituted for specific matters

Financial Committees of Parliament

Three committees are especially important for UPSC:

1. Public Accounts Committee
2. Estimates Committee
3. Committee on Public Undertakings

Public Accounts Committee

The Public Accounts Committee has 22 members:

• 15 from Lok Sabha
• 7 from Rajya Sabha

Its tenure is normally one year. A Minister is not eligible to serve as a member. The Committee's core role is retrospective financial scrutiny. It examines matters including:

• appropriation accounts
• finance accounts
• reports of the Comptroller and Auditor General relevant to its jurisdiction
• whether public money was spent for the purpose authorised by Parliament

Core Idea

PAC examines how money already authorised and spent was accounted for and used. It does not function as an executive audit department and does not replace the CAG.

Estimates Committee

The Estimates Committee consists of: 30 members, all from Lok Sabha

Rajya Sabha has no representation on this committee. Its functions include examining estimates in order to suggest:

• economies
• improvements in organisation
• administrative efficiency
• alternative policies for efficiency and economy
• better presentation of estimates

A Minister cannot be a member.

Core Idea

Estimates Committee focuses largely on economy, efficiency and the manner in which proposed expenditure is organised.

Committee on Public Undertakings

The Committee on Public Undertakings has 22 members:

• 15 from Lok Sabha
• 7 from Rajya Sabha

It examines matters relating to public undertakings within its jurisdiction, including:

• reports and accounts of public undertakings
• relevant CAG reports
• efficiency and management in accordance with sound business principles and prudent commercial practices

A Minister is not eligible to serve on the Committee.

Financial Committees Compared

Committee	Members	Rajya Sabha representation?	Core focus
Public Accounts Committee	22	Yes, 7	Expenditure, accounts and CAG-based scrutiny
Estimates Committee	30	No	Economy, efficiency and estimates
Committee on Public Undertakings	22	Yes, 7	Public undertakings

📌 Prelims Trap: The Estimates Committee is the major financial committee composed only of Lok Sabha members.

Departmentally Related Standing Committees

The present parliamentary system has 24 Departmentally Related Standing Committees. Of these:

• 16 function under the direction and control of the Speaker, Lok Sabha
• 8 function under the direction and control of the Chairman, Rajya Sabha

A DRSC generally consists of 31 members:

• 21 from Lok Sabha
• 10 from Rajya Sabha

A Minister cannot be nominated as a member of a DRSC. The term of members generally does not exceed one year.

Functions of DRSCs

Their principal functions include examination of:

• Demands for Grants of ministries and departments
• Bills referred to them
• annual reports of ministries and departments
• national long-term policy documents referred to them

The committee system enables Parliament to undertake detailed scrutiny beyond floor debates.

Important Limitation

A Bill is not automatically referred to a DRSC merely because it concerns a ministry within that committee's jurisdiction. Reference depends on parliamentary procedure and the decision of the competent presiding authority.

📌 UPSC Trap: Parliamentary committee scrutiny of every Bill is not constitutionally automatic.

Committee Reports

Committee reports are important instruments of parliamentary scrutiny and may influence:

• legislation
• administration
• expenditure
• public policy

But committee recommendations are generally recommendatory. They do not by themselves become law merely because a committee adopts them.

Anti-Defection Law

The anti-defection framework was inserted by the Constitution (Fifty-second Amendment) Act, 1985 through the Tenth Schedule. Its purpose is to regulate certain forms of political defection by members of Parliament and State Legislatures. Article 102(2) provides the constitutional link for Members of Parliament.

Grounds for Disqualification of a Party Member

A member belonging to a political party may be disqualified if the member:

1. voluntarily gives up membership of the political party, or
2. votes or abstains from voting contrary to a direction issued by the political party or authorised person, without prior permission, and the action is not condoned within the period specified by the Tenth Schedule

The phrase "voluntarily gives up membership" is wider than formal resignation from the party. The question depends on conduct and the constitutional jurisprudence applying the Schedule.

Independent Members

An elected member who was elected otherwise than as a candidate set up by a political party is disqualified if the member: joins a political party after the election

An independent member therefore does not receive the six-month window applicable to nominated members.

Nominated Members

A nominated member may join a political party within the constitutionally permitted initial period. A nominated member becomes liable to disqualification if the member joins a political party after the expiry of six months from the date of taking the seat.

Whip and the Tenth Schedule

The Tenth Schedule does not mean that every informal political disagreement automatically causes disqualification. The voting ground concerns voting or abstention contrary to a direction issued by the political party or authorised person under the terms of the Schedule. This is why the Whip discussed in the previous chapter can acquire constitutional importance despite not being an independent constitutional office.

Merger Exception

Paragraph 4 provides protection in the context of a merger. The numerical threshold is: not less than two-thirds of the members of the legislature party concerned

The Constitution treats the merger condition according to the framework set out in Paragraph 4.

The Old Split Exception

The original Tenth Schedule contained a separate protection relating to a split involving one-third of the legislature party. That protection was removed by the: Constitution (Ninety-first Amendment) Act, 2003

Therefore:

There is no current one-third split defence under the Tenth Schedule. The high-yield number is now two-thirds for the merger framework.

Presiding Officer and Defection Cases

Paragraph 6 of the Tenth Schedule places the decision on a disqualification question with:

• the Speaker, or
• the Chairman as applicable.

Where the question concerns the presiding officer personally, the Schedule contains a separate mechanism involving a member chosen by the House. This is different from Article 103 disqualification, where the President acts according to the Election Commission's opinion.

Article 103 vs Tenth Schedule

Issue	Article 102(1) / Article 103	Tenth Schedule
Nature	Constitutional and statutory disqualifications such as office of profit or statutory election-law grounds	Defection
Decision-maker for sitting MP	President	Speaker or Chairman
ECI role	President must obtain and act according to ECI opinion	No equivalent constitutional ECI decision role
Judicial review	Constitutional judicial review available according to law	Speaker/Chairman decision subject to judicial review

Kihoto Hollohan v. Zachillhu

The Supreme Court upheld the broad constitutional validity of the Tenth Schedule. The Court treated the Speaker or Chairman, while deciding a Tenth Schedule question, as exercising an adjudicatory function comparable to a tribunal.

A critical principle is:

The presiding officer's decision is not completely immune from judicial review.

Judicial review may examine recognised constitutional defects such as:

• mala fides
• violation of constitutional mandates
• non-compliance with natural justice
• perversity

Ordinarily, judicial review follows the decision of the presiding officer rather than replacing the initial constitutional decision-making process.

Keisham Meghachandra Singh

Delay in deciding defection petitions became an important constitutional problem. In Keisham Meghachandra Singh v. Hon'ble Speaker, Manipur Legislative Assembly, the Supreme Court emphasised that Tenth Schedule petitions should ordinarily be decided within a reasonable period and indicated that, absent exceptional circumstances, three months is an appropriate outer period.

For UPSC, the important principle is:

The Speaker's power under the Tenth Schedule is a constitutional adjudicatory responsibility and cannot be treated as an unlimited power to postpone a decision indefinitely.

Ninety-first Amendment and Defectors

The Ninety-first Constitutional Amendment strengthened the anti-defection framework. Among its important changes:

• deletion of the one-third split exception
• restrictions on appointment as Minister of a member disqualified on the ground of defection
• restrictions concerning remunerative political posts under Article 361B

It also introduced the Union Council of Ministers size ceiling discussed in the Prime Minister and Council of Ministers chapter.

Criticism of the Anti-Defection Framework

For GS-II, the anti-defection law creates a constitutional tension between:

• government stability
• party discipline
• individual legislative deliberation
• independence of representatives
• neutrality of the presiding officer
• timely adjudication

A balanced answer should distinguish the constitutional objective of preventing destabilising defections from debates over whether party directions should affect a broad range of legislative votes. Do not present reform proposals as existing constitutional law.

High-Yield Distinctions

Question	Correct position
Can an Ordinary Bill originate in Rajya Sabha?	Yes
Can a Money Bill originate in Rajya Sabha?	No
Can Rajya Sabha reject a Money Bill?	No, it may only recommend changes
Money Bill return period for Rajya Sabha	14 days
Can a joint sitting resolve Money Bill disagreement?	No
Can a joint sitting resolve Constitution Amendment disagreement?	No
Does every Bill lapse on Lok Sabha dissolution?	No
Who votes on Demands for Grants?	Lok Sabha
Is charged expenditure voted?	No, though it may be discussed
Policy Cut	Demand reduced to Re 1
Token Cut	Demand reduced by Rs 100
PAC membership	22: 15 LS + 7 RS
Estimates Committee	30 Lok Sabha members only
COPU membership	22: 15 LS + 7 RS
Current DRSCs	24
DRSC composition	31: 21 LS + 10 RS
Current merger threshold under Tenth Schedule	Two-thirds of legislature party concerned
Current one-third split defence	Does not exist
Defection decision-maker	Speaker/Chairman, subject to judicial review

Prelims Traps

Trap 1: Every Financial Bill is a Money Bill

Incorrect. A Money Bill must satisfy Article 110. Article 117 also provides for Financial Bills that are not Money Bills.

Trap 2: Rajya Sabha has 14 days for every Financial Bill

Incorrect. The 14-day restriction applies to a Money Bill under Article 109, not every Bill involving finance.

Trap 3: Rajya Sabha cannot participate in Budget discussion

Incorrect. Rajya Sabha may discuss the Budget. The key limitation is that Demands for Grants are voted only by Lok Sabha.

Trap 4: Charged expenditure is not discussed

Incorrect. Charged expenditure is not submitted to vote, but it may be discussed.

Trap 5: All Bills pending in Parliament lapse when Lok Sabha dissolves

Incorrect. A Bill pending in Rajya Sabha that has not been passed by Lok Sabha does not lapse merely because Lok Sabha is dissolved.

Trap 6: Every Bill must go to a Standing Committee

Incorrect. Committee referral is an important scrutiny mechanism, but it is not automatic for every Bill.

Trap 7: One-third of legislators can form a split without disqualification

Incorrect. The former one-third split protection was deleted by the Ninety-first Amendment.

Trap 8: Two-thirds of members may simply leave a party whenever they choose

Too broad. The two-thirds rule operates within the merger framework of Paragraph 4 of the Tenth Schedule. It should not be reduced to a general licence for defection.

Trap 9: Speaker's decision under the Tenth Schedule is beyond judicial review

Incorrect. Kihoto Hollohan recognises judicial review of the presiding officer's decision on constitutional grounds.

Trap 10: No-confidence motion can be moved against one individual Union Minister under Article 75(3)

Incorrect. Collective responsibility is that of the Council of Ministers to Lok Sabha. The Lok Sabha no-confidence procedure concerns the Council collectively.

GS-II Mains Framework

A question on parliamentary functioning can be organised around five dimensions.

Legislative Scrutiny

Quality law-making depends on:

• adequate debate
• bicameral scrutiny
• reasoned amendment
• committee examination
• sufficient legislative time

Financial Accountability

Parliament controls public finance through:

• Demands for Grants
• Appropriation
• financial legislation
• cut motions
• financial committees
• CAG-linked scrutiny

Executive Accountability

Mechanisms include:

• questions
• motions
• no-confidence procedure
• parliamentary committees
• Budget scrutiny

Committee System

Committees strengthen detailed and specialised examination that cannot always occur during floor debate. Their effectiveness depends on:

• access to information
• quality of scrutiny
• government response
• time available
• follow-up on recommendations

Party Discipline and Legislative Independence

The Tenth Schedule seeks political stability, but GS-II analysis may examine its interaction with:

• representative autonomy
• deliberative voting
• role of party directions
• impartial adjudication
• time-bound decisions

A balanced answer should separate the existing constitutional framework from proposals for reform.

Quick Revision

📜 Ordinary Bill: Either House, equal bicameral passage, Article 108 deadlock mechanism available

💰 Money Bill: Lok Sabha only, Speaker certification, Rajya Sabha gets 14 days and may only recommend

🏛️ Joint Sitting: Article 108, not for Money Bills or Constitution Amendment Bills

📊 Budget: Article 112 Annual Financial Statement

🗳️ Demands for Grants: Voted only by Lok Sabha

💵 Appropriation Bill: Authorises withdrawal from Consolidated Fund

✂️ Cut Motions: Policy to Re 1, Economy by specified amount, Token by Rs 100

🔍 PAC: 22 members, 15 LS + 7 RS

📈 Estimates Committee: 30 members, Lok Sabha only

🏭 COPU: 22 members, 15 LS + 7 RS

🏢 DRSCs: 24 committees, generally 31 members each

🔄 Anti-Defection: Two-thirds merger framework; one-third split exception abolished

⚖️ Kihoto Hollohan: Speaker/Chairman decision subject to judicial review

Frequently Asked Questions

Can Rajya Sabha reject an Ordinary Bill?

Yes. An Ordinary Bill must normally be passed by both Houses in the same form. A qualifying deadlock may lead to the Article 108 joint-sitting mechanism.

Can Rajya Sabha reject a Money Bill?

No. Rajya Sabha may recommend changes and must return the Bill within 14 days. Lok Sabha may accept or reject those recommendations.

Does a Bill pending in Rajya Sabha lapse when Lok Sabha is dissolved?

Not merely for that reason, if the Bill is pending in Rajya Sabha and has not been passed by Lok Sabha. Article 107 treats this differently from a Bill pending in Lok Sabha or a Bill passed by Lok Sabha and pending in Rajya Sabha.

What is the difference between an Appropriation Bill and a Finance Bill?

The Appropriation Bill authorises withdrawal of money from the Consolidated Fund of India for voted grants and charged expenditure. Financial legislation commonly described as the Finance Bill gives legislative effect to taxation and related fiscal proposals. They serve different purposes.

What is a Vote on Account?

It is a grant made in advance for part of a financial year to permit expenditure while the full Budget and appropriation process is being completed.

Which parliamentary financial committee has only Lok Sabha members?

The Estimates Committee. It has 30 members, all elected from Lok Sabha.

How many Departmentally Related Standing Committees are there?

The current parliamentary system has 24 DRSCs. Sixteen operate under the direction and control of the Speaker, Lok Sabha, and eight under the Chairman, Rajya Sabha.

Does one-third of a party still constitute a valid split under the anti-defection law?

No. The one-third split exception was deleted by the Ninety-first Constitutional Amendment. The current Tenth Schedule contains the merger framework involving not less than two-thirds of the members of the legislature party concerned.

Is the Speaker's anti-defection decision final and completely immune from courts?

No. Kihoto Hollohan v. Zachillhu established that the presiding officer performs an adjudicatory role under the Tenth Schedule and the decision remains subject to constitutional judicial review.

Can Rajya Sabha remove the Union Government through a no-confidence motion?

No. Article 75(3) makes the Council of Ministers collectively responsible to Lok Sabha. The Lok Sabha Rules provide the formal no-confidence procedure.

Official Primary References

• Constitution of India, Legislative Department, Ministry of Law and Justice Articles 102, 107 to 122 and the Tenth Schedule.
• Rules of Procedure and Conduct of Business in Lok Sabha, Lok Sabha Secretariat Legislative business, financial business, cut motions, parliamentary motions and Rule 198 on no-confidence motions.
• Digital Sansad, Lok Sabha: Parliamentary Committees Current structure and membership of the Public Accounts Committee, Estimates Committee, Committee on Public Undertakings and Departmentally Related Standing Committees.
• Digital Sansad, Rajya Sabha: Parliamentary Committees and FAQ Official parliamentary procedure concerning Money Bills and committee structure.
• Manual of Parliamentary Procedures in the Government of India Official procedural guidance on Demands for Grants, Budget scrutiny and cut motions.
• Constitution (Fifty-second Amendment) Act, 1985 Constitutional amendment that inserted the Tenth Schedule.
• Constitution (Ninety-first Amendment) Act, 2003 Amendment that removed the split exception and strengthened anti-defection related provisions.
• Supreme Court of India, Kihoto Hollohan v. Zachillhu Constitutional validity of the Tenth Schedule, adjudicatory role of the presiding officer and judicial review.
• Supreme Court of India, Keisham Meghachandra Singh v. Hon'ble Speaker, Manipur Legislative Assembly Judicial guidance concerning timely disposal of disqualification petitions.