Part V: The Union

Rules of Procedure

Article 118: Rules of Procedure

--- Original Article ---

(1) Each House of Parliament may make rules for regulating, 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.

Explanations

Article 118 plays a pivotal role in ensuring that the Houses of Parliament regulate their procedures while maintaining consistency with the Constitution. It provides both the Lok Sabha and the Rajya Sabha with autonomy to manage their affairs and outlines the role of the President in joint sittings. This article is fundamental to maintaining legislative discipline and effective governance within the parliamentary framework.

Clause-by-Clause Explanation

Clause (1): Power to Regulate Procedure

This clause empowers each House of Parliament to create rules for regulating its procedure and conducting its business. These rules allow the Houses to define how debates will be conducted, how decisions will be taken, and how legislative responsibilities will be fulfilled. These procedures have developed over time and are crucial for the smooth functioning of Parliament.

Clause (2): Continuation of Pre-Constitution Rules

Until each House enacts new rules, the rules that were in place for the Legislature of the Dominion of India continue to apply. These rules can be modified or adapted by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, providing continuity in parliamentary procedures from the pre-independence era.

Clause (3): Joint Sittings and Communication

The President, in consultation with the Speaker and Chairman, can frame rules for joint sittings of Parliament and for inter-House communications. This provision is critical during legislative deadlocks when joint sessions are necessary to resolve disputes between the two Houses, ensuring cohesive legislative action.

Clause (4): Presiding at Joint Sessions

The Speaker of the Lok Sabha presides over joint sittings of Parliament. If the Speaker is not present, the rules laid down under clause 3 determine who will chair the meeting, ensuring a designated presiding authority for every session.

Real-Life Examples

• The Prevention of Terrorism Act (POTA) Bill in 2002 faced a deadlock between the Lok Sabha and the Rajya Sabha. A joint session was convened, and under the rules framed by the President, the Speaker of the Lok Sabha presided over the session, leading to the successful passage of the Bill.

Historical Significance

Article 118 is historically significant as it preserves the legislative traditions from the British colonial period while allowing for modernization within the Indian parliamentary context. The procedure for joint sittings, in particular, reflects the careful balancing of power between the two Houses of Parliament.

Legislative History

Article 118 of the Indian Constitution, initially drafted and deliberated as Article 98 of the Draft Constitution, was formally incorporated into the Indian Constitution by the Constituent Assembly on June 10, 1949.

Debates and Amendments

Shri H.V. Kamath proposed an amendment to Clause (1) of Article 98, aimed at improving the syntax. His suggestion was to restructure the sentence to read: "Subject to the provisions of this Constitution, either House of Parliament may make rules for regulating." This proposal was subsequently referred to the Drafting Committee for consideration.

Mr. Naziruddin Ahmad moved an amendment to omit Clause (4) of Article 98. This enabled Shri Jaspat Roy Kapoor to propose that, in the absence of the Speaker, the Chairman of the Council of States should preside over joint sittings of Parliament. However, this suggestion faced opposition, as critics argued that appointing the Chairman, who is also the Vice-President, to this role could potentially lead to complications. Dr. B.R. Ambedkar concurred that such procedural matters were best addressed through the rules of procedure, rather than through the constitutional text.

Ultimately, Dr. Ambedkar’s proposal for Article 98 was adopted, and Article 118 remains a key framework for regulating parliamentary proceedings in India.

References

• The Constitution of India - Article 118, Rules of Procedure.
• Constituent Assembly Debates - Discussions on Article 98 (Draft Article 98).
• Basu, D.D. "Commentary on the Constitution of India".
• Kashyap, Subhash C. "Parliamentary Procedure: The Law, Privileges, Practice, and Precedents".