Article 113 of the Constitution of India

(a) the grants so made by the House of the People; and (b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case theamount shown in the statement previously laid beforeParliament. (2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effectof varying the amount or altering the destination of anygrant so made or of varying the amount of any expenditurecharged on the Consolidated Fund of India, and thedecision of the person presiding as to whether anamendment is inadmissible under this clause shall befinal.Procedure inParliament withrespect toestimates. Appropriation Bills.THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 112—114.)56 (3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the ConsolidatedFund of India except under appropriation made by lawpassed in accordance with the provisions of this article. 115. (1) The President shall— (a) if the amount authorised by any law made in accordance with the provisions of article 114 to beexpended for a particular service for the currentfinancial year is found to be insufficient for thepurposes of that year or when a need has arisenduring the current financial year for supplementaryor additional expenditure upon some new servicenot contemplated in the annual financial statementfor that year, or (b) if any money has been spent on any service during a financial year in excess of the amountgranted for that service and for that year, cause to be laid before both the Houses of Parliament another statement showing the estimated amount of thatexpenditure or cause to be presented to the House of thePeople a demand for such excess, as the case may be. (2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement andexpenditure or demand and also to any law to be madeauthorising the appropriation of moneys out of theConsolidated Fund of India to meet such expenditure orthe grant in respect of such demand as they have effectin relation to the annual financial statement and theexpenditure mentioned therein or to a demand for a grantand the law to be made for the authorisation ofappropriation of moneys out of the Consolidated Fundof India to meet such expenditure or grant. 116. (1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shallhave power— (a) to make any grant in advance in respect of the estimated expenditure for a part of any financialSupplementary,additional orexcess grants. V otes on account, votes of creditand exceptionalgrants.THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 114—116.)57 year pending the completion of the procedure prescribed in article 113 for the voting of such grantand the passing of the law in accordance with theprovisions of article 114 in relation to thatexpenditure; (b) to make a grant for meeting an unexpected demand upon the resources of India when on accountof the magnitude or the indefinite character of theservice the demand cannot be stated with the detailsordinarily given in an annual financial statement; (c) to make an exceptional grant which forms no part of the current service of any financial year; and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund ofIndia for the purposes for which the said grants aremade. (2) The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause(1) and to any law to be made under that clause as theyhave effect in relation to the making of a grant withregard to any expenditure mentioned in the annualfinancial statement and the law to be made for theauthorisation of appropriation of moneys out of theConsolidated Fund of India to meet such expenditure. 117. (1) A Bill or amendment making provision for any of the matters specified in sub-clauses ( a) to ( f) of clause (1) of article 110 shall not be introduced or movedexcept on the recommendation of the President and a Billmaking such provision shall not be introduced in theCouncil of States: Provided that no recommendation shall be required under this clause for the moving of an amendment makingprovision for the reduction or abolition of any tax. (2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason onlythat it provides for the imposition of fines or otherpecuniary penalties, or for the demand or payment offees for licences or fees for services rendered, or by reasonthat it provides for the imposition, abolition, remission, Special provisionsas to financial Bills.THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 116-117.)58 alteration or regulation of any tax by any local authority or body for local purposes. (3) A Bill which, if enacted and brought into operation, would involve expenditure from theConsolidated Fund of India shall not be passed by eitherHouse of Parliament unless the President has re-commended to that House the consideration of the Bill. Procedure Generally 118. (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 immediatelybefore the commencement of this Constitution withrespect to the Legislature of the Dominion of India shallhave effect in relation to Parliament subject to suchmodifications and adaptations as may be made thereinby the Chairman of the Council of States or the Speakerof 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 theHouse of the People, may make rules as to the procedurewith respect to joint sittings of, and communicationsbetween, 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 personas may be determined by rules of procedure made underclause (3), shall preside. 119. Parliament may, for the purpose of the timely completion of financial business, regulate by law theprocedure of, and the conduct of business in, each Houseof Parliament in relation to any financial matter or to anyBill for the appropriation of moneys out of theConsolidated Fund of India, and, if and so far as anyprovision of any law so made is inconsistent with anyrule made by a House of Parliament under clause (1) ofarticle 118 or with any rule or standing order havingRules ofprocedure. Regulation by law of procedure inParliament inrelation to financialbusiness.THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 117—119.)59 effect in relation to Parliament under clause (2) of that article, such provision shall prevail. 120. (1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business inParliament shall be transacted in Hindi or in English: Provided that the Chairman of the Council of States or Speaker of the House of the People, or person actingas such, as the case may be, may permit any member whocannot adequately express himself in Hindi or in Englishto address the House in his mother-tongue. (2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteenyears from the commencement of this Constitution, haveeffect as if the words "or in English" were omittedtherefrom. 121. No discussion shall take place in Parliament with respect to the conduct of any Judge of the SupremeCourt or of a High Court in the discharge of his dutiesexcept upon a motion for presenting an address to thePresident praying for the removal of the Judge ashereinafter provided. 122. (1) The validity of any proceedings in Parliament shall not be called in question on the ground of anyalleged irregularity of procedure. (2) No officer or member of Parliament in whom powers are vested by or under this Constitution forregulating procedure or the conduct of business, or formaintaining order, in Parliament shall be subject to thejurisdiction of any court in respect of the exercise by himof those powers. C HAPTER III.—L EGISLATIVE POWERS OF THE PRESIDENT 123. (1) If at any time, except when both Houses of Parliament are in session, the President is satisfied thatcircumstances exist which render it necessary for him totake immediate action, he may promulgate suchOrdinances as the circumstances appear to him to require.Language to beused inParliament. Restriction on discussion in Parliament. Courts not to inquire intoproceedings ofParliament. Power of President to promulgateOrdinances duringrecess ofParliament.THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 119—123.)60 (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament,but every such Ordinance— (a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of sixweeks from the reassembly of Parliament, or, if beforethe expiration of that period resolutions disapprovingit are passed by both Houses, upon the passing of thesecond of those resolutions; and (b) may be withdrawn at any time by the President. Explanation. —Where the Houses of Parliament are summoned to reassemble on different dates, the period ofsix weeks shall be reckoned from the later of thosedates for the purposes of this clause. (3) If and so far as an Ordinance under this article makes any provision which Parliament would not underthis Constitution be competent to enact, it shall be void. 1* * * * CHAPTER IV.—T HE UNION JUDICIARY 124. (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliamentby law prescribes a larger number, of not more thanseven 2 other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his handand seal after consultation with such of the Judges of theSupreme Court and of the High Courts in the States asthe President may deem necessary for the purpose andshall hold office until he attains the age of sixty-fiveyears: Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of IndiaEstablishment andconstitution ofSupreme Court. 1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978,s. 16 (w.e.f. 20-6-1979). 2Now “twenty-five”, vide the Supreme Court (Number of Judges) Amendment Act, 1986 (22 of 1986), s. 2.THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 123-124.)61 shall always be consulted: Provided further that— (a) a Judge may, by writing under his hand addressed to the President, resign his office; (b) a Judge may be removed from his office in the manner provided in clause (4). 1[(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner asParliament may by law provide.] (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen ofIndia and— (a) has been for at least five years a Judge of a High Court or of two or more such Courts insuccession; or (b) has been for at least ten years an advocate of a High Court or of two or more such Courts insuccession; or (c) is, in the opinion of the President, a distinguished jurist. Explanation I. —In this clause "High Court'' means a High Court which exercises, or which at any time beforethe commencement of this Constitution exercised,jurisdiction in any part of the territory of India. Explanation II. —In computing for the purpose of this clause the period during which a person has been anadvocate, any period during which a person has heldjudicial office not inferior to that of a district judge afterhe became an advocate shall be included. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the Presidentpassed after an address by each House of Parliamentsupported by a majority of the total membership ofthat House and by a majority of not less than two-thirds of the members of that House present and 1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 2.THE CONSTITUTION OF INDIA (Part V. —The Union. —Art. 124.)62 voting has been presented to the President in the same session for such removal on the ground of provedmisbehaviour or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigationand proof of the misbehaviour or incapacity of a Judgeunder clause (4). (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office,make and subscribe before the President, or some personappointed in that behalf by him, an oath or affirmationaccording to the form set out for the purpose in the ThirdSchedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or beforeany authority within the territory of India. 125. 1[(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined byParliament by law and, until provision in that behalf isso made, such salaries as are specified in the SecondSchedule.] (2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave ofabsence and pension as may from time to time bedetermined by or under law made by Parliament and,until so determined, to such privileges, allowances andrights as are specified in the Second Schedule: Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leaveof absence or pension shall be varied to his disadvantageafter his appointment. 126. When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence orotherwise, unable to perform the duties of his office, 1Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 2, for cl. (1) (w.e.f. 1-4-1986).Salaries, etc., of Judges. Appointment of acting Chief Justice.THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 124—126.)63 the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose. 127. (1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold orcontinue any session of the Court, the Chief Justice ofIndia may, with the previous consent of the Presidentand after consultation with the Chief Justice of the HighCourt concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Courtduly qualified for appointment as a Judge of the SupremeCourt to be designated by the Chief Justice of India. (2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, toattend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction,powers and privileges, and shall discharge the duties, ofa Judge of the Supreme Court. 128. Notwithstanding anything in this Chapter, the Chief Justice of India may at any time, with the previousconsent of the President, request any person who hasheld the office of a Judge of the Supreme Court or of the Federal Court 1[or who has held the office of a Judge of a High Court and is duly qualified for appointment as aJudge of the Supreme Court] to sit and act as a Judge ofthe Supreme Court, and every such person so requestedshall, while so sitting and acting, be entitled to suchallowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of thatCourt: Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act asa Judge of that Court unless he consents so to do. 1Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 3.Appointment of ad hoc Judges. Attendance of retired Judges atsittings of theSupreme Court.THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 126—128.)64 129. The Supreme Court shall be a court of record and shall have all the powers of such a court includingthe power to punish for contempt of itself. 130. The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may,with the approval of the President, from time to time,appoint. 131. Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court,have original jurisdiction in any dispute— (a) between the Government of India and one or more States; or (b) between the Government of India and any State or States on one side and one or more otherStates on the other; or (c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extentof a legal right depends: 1[Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant,engagement, sanad or other similar instrument which, having been entered into or executed before thecommencement of this Constitution, continues in operationafter such commencement, or which provides that thesaid jurisdiction shall not extend to such a dispute.] 2131A. [Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Centrallaws. ] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 4 (w.e.f. 13-4-1978). 132. (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Courtin the territory of India, whether in a civil, criminal orSupreme Court tobe a court ofrecord. Seat of Supreme Court. Original jurisdiction of theSupreme Court. Appellate jurisdiction ofSupreme Court inappeals from HighCourts in certaincases. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 5, for the proviso. 2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23 (w.e.f. 1-2-1977).THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 129—132.)65 other proceeding, 1[if the High Court certifies under article 134A] that the case involves a substantial question oflaw as to the interpretation of this Constitution. 2* * * * (3) Where such a certificate is given, 3*** any party in the case may appeal to the Supreme Court on the groundthat any such question as aforesaid has been wronglydecided 3***. Explanation .—For the purposes of this article, the expression “final order” includes an order deciding anissue which, if decided in favour of the appellant, wouldbe sufficient for the final disposal of the case. 133. 4[(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civilproceeding of a High Court in the territory of India 5[if the High Court certifies under article 134A—] (a) that the case involves a substantial question of law of general importance; and (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.] (2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1) mayurge as one of the grounds in such appeal that asubstantial question of law as to the interpretation of thisConstitution has been wrongly decided. (3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwiseprovides, lie to the Supreme Court from the judgment,decree or final order of one Judge of a High Court.Appellatejurisdiction ofSupreme Court inappeals from HighCourts in regard tocivil matters. 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for “if the High Court certifies” (w.e.f. 1-8-1979). 2Cl. (2) omitted by s. 17, ibid. (w.e.f. 1-8-1979). 3Certain words omitted by s. 17, ibid. (w.e.f. 1-8-1979). 4Subs. by the Constitution (Thirtieth Amendment) Act, 1972, s. 2, for cl. (1) (w.e.f. 27-2-1973). 5Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 18, for “if the High Court certifies—” (w.e.f. 1-8-1979).THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 132-133.)66 134. (1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminalproceeding of a High Court in the territory of India ifthe High Court— (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or (b) has withdrawn for trial before itself any case from any court subordinate to its authority and hasin such trial convicted the accused person andsentenced him to death; or (c) 1[certifies under article 134A] that the case is a fit one for appeal to the Supreme Court: Provided that an appeal under sub-clause ( c) shall lie subject to such provisions as may be made in thatbehalf under clause (1) of article 145 and to suchconditions as the High Court may establish or require. (2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appealsfrom any judgment, final order or sentence in a criminalproceeding of a High Court in the territory of Indiasubject to such conditions and limitations as may bespecified in such law. 2[134A. Every High Court, passing or making a judgment, decree, final order, or sentence, referred to inclause (1) of article 132 or clause (1) of article 133, orclause (1) of article 134,— (a) may, if it deems fit so to do, on its own motion; and (b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after thepassing or making of such judgment, decree, finalorder or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the natureAppellatejurisdiction ofSupreme Court inregard to criminalmatters. Certificate for appeal to theSupreme Court. 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 19, for “certifies” (w.e.f. 1-8-1979). 2Ins. by s. 20, ibid. (w.e.f. 1-8-1979).THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 134-134A.)67 referred to in clause (1) of article 132, or clause (1) of