Part V: The Union

Article 119: Regulation by Law of Procedure in Parliament in Relation to Financial Business

--- Original Article ---

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

Explanations

Article 119 of the Constitution of India lays down the framework for the regulation of Parliament’s financial procedures. It empowers Parliament to pass laws that streamline and manage the conduct of financial business, ensuring that such matters are handled with efficiency. The article ensures that financial business proceeds without delay by granting Parliament's enacted laws precedence over its own procedural rules, as set out in Article 118.

Clause-by-Clause Explanation

Clause 1: Legislative Control Over Financial Business

The first part of Article 119 grants Parliament the power to regulate its own procedures related to any financial business, particularly concerning bills for the appropriation of funds from the Consolidated Fund of India. This control ensures that financial legislation is handled with priority and that the procedures are tailored to facilitate timely debate and passage.

Clause 2: Resolution of Conflicts with Parliamentary Rules

Should there be any conflict between the laws enacted by Parliament under this article and the rules established under Article 118 (concerning the general conduct of business in Parliament), the provisions of Article 119 take precedence. This is particularly significant when it comes to time-sensitive financial legislation, ensuring there is no procedural hindrance in such cases.

Real-Life Examples

• The passage of the Appropriation Bill is a key example where Article 119 is relevant. This bill allows the government to withdraw money from the Consolidated Fund of India to meet its expenditure. Article 119 ensures that laws governing the handling of this bill take precedence over general parliamentary procedures, thus facilitating its timely passage.

Historical Significance

The historical importance of Article 119 lies in its role in strengthening parliamentary control over financial procedures. By ensuring that financial business is completed in a timely manner, it promotes fiscal discipline within the legislative framework. The omission of the quorum requirement by the Forty-fourth Amendment highlighted Parliament's discretion in determining its own procedural needs without unnecessary constraints. This article reflects the balance between procedural rigor and the necessity of legislative efficiency, especially in financial matters that are critical for governance.

Legislative History

Article 119 of the Indian Constitution, originally formulated and inserted as Article 98-A of the Draft Constitution, was incorporated into the Indian Constitution on June 10, 1949, without any discussions or objections.

Debates and Amendments

Dr. B.R. Ambedkar proposed the insertion of Article 98-A to the Constitution to empower Parliament to create laws governing the procedures for handling financial matters and appropriation bills. The purpose of this new article was to ensure the efficient and timely completion of financial business in both houses of Parliament.

Article 98-A stipulated that laws made under this article would take precedence over any conflicting parliamentary rules or standing orders. After Dr. Ambedkar moved the amendment, there were no further discussions or objections from the members. The motion was then put to a vote and adopted, resulting in the addition of Article 98-A to the Constitution. This article was later renumbered as Article 119 in the final version of the Constitution.

References

• The Constitution of India - Article 119, Regulation of Financial Business.
• Forty-second Amendment Act, 1976, and Forty-fourth Amendment Act, 1978.
• Basu, D.D. "Commentary on the Constitution of India".
• Subhash Kashyap, "Parliamentary Procedure: The Law, Privileges, Practice, and Precedents".