# Article 113 of the Constitution of India

- Jurisdiction: India (IN)
- Article: 113
- Source document: India Constitution
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## Verbatim text

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(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no money shall be withdrawn from the ConsolidatedFund of India except under appropriation made by lawpassed in accordance with the provisions of this article.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
````

## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 113 of the Constitution of India.
- The passage runs to about 3,654 words.
- Read plainly, it mentions privacy, search and seizure — it protects privacy or limits searching a person, their home or their communications (the words used: “warrant”); it mentions freedom of expression — it protects speaking, writing, publishing or holding an opinion (the words used: “opinion”); it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “salaries”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“have been made by the House of the People,there shall be introduced a Bill to provide for theappropriation out of the Consolidated Fund of India ofall moneys required to meet—”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** This index row contains 18 separately numbered sections, so it is a chapter-length passage rather than one provision. Cite the passage, and treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of India, article 113, Portable Lawyer, https://www.portablelaw.com/provision/18f387c0-c1ed-4163-ba11-e4bbe6da03a7 (accessed 27 September 2026).

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Portable Lawyer · 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…