Introduction

The Indian Constitution, adopted on 26th November 1949, is the supreme law of the country. It provides the framework for the functioning of the government and the rights and responsibilities of its citizens. One of the crucial aspects of the Indian Constitution is the rules of procedure of Parliament, which are outlined in Article 118.

Article 118: An Overview

Article 118 of the Indian Constitution deals with the rules of procedure of Parliament. It lays down the guidelines and regulations that govern the functioning of both the Houses of Parliament, i.e., the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).

Parliamentary procedures are essential for the smooth conduct of business, debate, and decision-making in the legislature. Article 118 ensures that these procedures are followed diligently and fairly.

Key Provisions of Article 118

Article 118 consists of several important provisions that govern the rules of procedure of Parliament. Let's take a closer look at some of these key provisions:

1. Power to Make Rules

Article 118(1) empowers each House of Parliament to make its own rules of procedure. These rules enable the smooth functioning of the House, including the conduct of business, the manner of voting, the procedure for debate, and other related matters.

These rules are framed by the respective Houses in consultation with the Speaker (in the case of Lok Sabha) or the Chairman (in the case of Rajya Sabha). The rules are subject to the provisions of the Constitution and must be consistent with its principles.

2. Rules of Joint Sitting

Article 118(2) deals with the rules that govern joint sittings of both Houses of Parliament. In case of a deadlock between the two Houses on a particular bill, the President may summon a joint sitting, where members from both Houses come together to discuss and vote on the bill.

The rules for the conduct of business during a joint sitting are made by the Speaker and the Chairman jointly. These rules ensure that the joint sitting proceeds smoothly and that the decisions taken are in accordance with parliamentary principles.

3. Quorum

Article 118(3) specifies the quorum required for the transaction of business in Parliament. Quorum refers to the minimum number of members that must be present for the proceedings to be valid.

For both Houses of Parliament, the quorum is one-tenth of the total membership. If at any time during a sitting, the quorum is not met, the presiding officer has the authority to adjourn the House or suspend the proceedings until the quorum is restored.

4. Voting

Article 118(4) outlines the rules for voting in Parliament. It states that all questions that come before the House shall be decided by a majority of votes of the members present and voting.

The presiding officer of the House has the casting vote in case of a tie. However, the casting vote can only be exercised in cases where the vote is taken by division (voting individually) and not in cases where the vote is taken by voice (voting collectively).

5. Salaries and Allowances of Members

Article 118(5) empowers Parliament to determine the salaries and allowances of its members. These determinations are made through legislation and are subject to periodic review.

The salaries and allowances of Members of Parliament (MPs) are crucial in ensuring their independence and enabling them to discharge their duties effectively. The determination of these salaries and allowances is done in a fair and transparent manner, taking into account various factors such as inflation, cost of living, and the nature of the responsibilities entrusted to MPs.

Importance of Article 118

Article 118 plays a vital role in ensuring the smooth functioning of the Indian Parliament. It provides a framework for conducting business, debate, and decision-making in a fair and transparent manner.

By empowering each House of Parliament to make its own rules of procedure, Article 118 ensures that the rules are tailored to the specific needs and requirements of the House. This allows for flexibility in adapting to changing circumstances and ensures that the rules remain relevant and effective.

The rules of joint sitting outlined in Article 118(2) are essential for resolving deadlocks between the two Houses. They provide a mechanism for consensus-building and decision-making, even in situations where there is a difference of opinion between the Lok Sabha and the Rajya Sabha.

The provisions related to quorum and voting in Article 118(3) and (4) respectively are crucial for maintaining the integrity of parliamentary proceedings. They ensure that decisions are taken by a majority of members present and voting, and that the proceedings are valid only when the required quorum is met.

Lastly, Article 118(5) empowers Parliament to determine the salaries and allowances of its members. This provision ensures that MPs are adequately remunerated for their services and can focus on their legislative responsibilities without undue financial burden.

Conclusion

Article 118 of the Indian Constitution is of utmost importance in ensuring the smooth functioning of Parliament. The rules of procedure outlined in this article provide the necessary guidelines for conducting business, debate, and decision-making in a fair and transparent manner.

By empowering each House to make its own rules, Article 118 ensures flexibility and adaptability to changing circumstances. It also provides mechanisms for resolving deadlocks, maintaining quorum, and making decisions through majority voting.

Overall, Article 118 plays a crucial role in upholding the democratic principles of the Indian Parliament and ensuring the effective functioning of the legislative process.