115. Supplementary, additional or excess grants.—
(1) The President
shall—
(a) if the amount authorised by any law made in accordance with the
provisions of article 114 to be expended for a particular service for the
current financial year is found to be insufficient for the purposes of that
year or when a need has arisen during the current financial year for
supplementary or additional expenditure upon some new service not
contemplated in the annual financial statement for that year; or
(b) if any money has been spent on any service during a financial
year in excess of the amount granted for that service and for that year,
cause to be laid before both the Houses of Parliament another statement
showing the estimated amount of that expenditure or cause to be presented to
the House of the People a demand for such excess, as the case may be.
54 THE CONSTITUTION OF INDIA
(Part V.—The Union)
(2) The provisions of articles 112, 113 and 114 shall have effect in
relation to any such statement and expenditure or demand and also to any law
to be made authorising the appropriation of moneys out of the Consolidated
Fund of India to meet such expenditure or the grant in respect of such demand
as they have effect in relation to the annual financial statement and the
expenditure mentioned therein or to a demand for a grant and the law to be
made for the authorisation of appropriation of moneys out of the Consolidated
Fund of India to meet such expenditure or grant.
116. Votes on account, votes of credit and exceptional
grants.—
(1) Notwithstanding anything in the foregoing provisions of this
Chapter, the House of the People shall have power—
(a) to make any grant in advance in respect of the estimated
expenditure for a part of any financial year pending the completion of
the procedure prescribed in article 113 for the voting of such grant and
the passing of the law in accordance with the provisions of article 114 in
relation to that expenditure;
(b) to make a grant for meeting an unexpected demand upon the
resources of India when on account of the magnitude or the indefinite
character of the service the demand cannot be stated with the details
ordinarily 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 of India for the purposes for which the said grants are made.
(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 they have effect in relation to the making of a grant with regard to any
expenditure mentioned in the annual financial statement and the law to be made
for the authorisation of appropriation of moneys out of the Consolidated Fund
of India to meet such expenditure.
117. Special provisions as to financial Bills.—
(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 moved except on the
recommendation of the President and a Bill making such provision shall not be
introduced in the Council of States:
Provided that no recommendation shall be required under this clause for
the moving of an amendment making provision for the reduction or abolition of
any tax.
55 THE CONSTITUTION OF INDIA
(Part V.—The Union)
(2) A Bill or amendment shall not be deemed to make provision for any
of the matters aforesaid by reason only that it provides for the imposition of
fines or other pecuniary penalties, or for the demand or payment of fees for
licences or fees for services rendered, or by reason that it provides for the
imposition, abolition, remission, 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 the Consolidated Fund of India shall not be passed by either
House of Parliament unless the President has recommended to that House the
consideration of the Bill.
Procedure Generally
118. Rules of procedure.—
(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.
119. Regulation by law of procedure in Parliament in relation to
financial business.— 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.
______________________________________________
The brackets and words "(including the quorum to constitute a meeting of the House"
ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 22 (date not notified).
This amendment was omitted by the Constitution (Forty-fourth Amendment) Act,
1978, s. 45 (w.e.f. 20-6-1979).
56 THE CONSTITUTION OF INDIA
(Part V.—The Union)
120. Language to be used in Parliament.—
(1) Notwithstanding
anything in Part XVII, but subject to the provisions of article 348, business in
Parliament 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 acting as such, as the case may be, may permit
any member who cannot adequately express himself in Hindi or in English to
address the House in his mother-tongue.
(2) Unless Parliament by law otherwise provides, this article shall, after
the expiration of a period of fifteen years from the commencement of this
Constitution, have effect as if the words “or in English” were omitted
therefrom.
121. Restriction on discussion in Parliament.—No discussion shall
take place in Parliament with respect to the conduct of any Judge of the
Supreme Court or of a High Court in the discharge of his duties except upon a
motion for presenting an address to the President praying for the removal of the
Judge as hereinafter provided.
122. Courts not to inquire into proceedings of Parliament.—
(1) The
validity of any proceedings in Parliament shall not be called in question on the
ground of any alleged irregularity of procedure.
(2) No officer or member of Parliament in whom powers are vested by
or under this Constitution for regulating procedure or the conduct of business,
or for maintaining order, in Parliament shall be subject to the jurisdiction of any
court in respect of the exercise by him of those powers.
CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT
123. Power of President to promulgate Ordinances during recess of
Parliament.—
(1) If at any time, except when both Houses of Parliament are in
session, the President is satisfied that circumstances exist which render it
necessary for him to take immediate action, he may promulgate such
Ordinances as the circumstances appear to him to require.
(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 six weeks from the reassembly of Parliament,
or, if before the expiration of that period resolutions disapproving it are
passed by both Houses, upon the passing of the second of those
resolutions; and
57 THE CONSTITUTION OF INDIA
(Part V.—The Union)
(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 of six weeks shall be reckoned from
the later of those dates for the purposes of this clause.
(3) If and so far as an Ordinance under this article makes any provision
which Parliament would not under this Constitution be competent to enact, it
shall be void.
1
(4)* * * * *
CHAPTER IV.—THE UNION JUDICIARY
124. Establishment and constitution of the Supreme Court.—
(1)
There shall be a Supreme Court of India consisting of a Chief Justice of India
and, until Parliament by law prescribes a larger number, of not more than
[seven] other Judges.
(2) Every Judge of the Supreme Court shall be appointed by the
President by warrant under his hand and seal 2[on the recommendation of the
National Judicial Appointments Commission referred to in article 124A] and
shall hold office until he attains the age of sixty-five years:
3
[* * * * *]
4
[
Provided 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. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 2 (with retrospective effect) and
omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 16 (w.e.f. 20-6-1979).
Now “thirty-three” vide the Supreme Court (Number of Judges) Amendment Act, 2019 (37 of 2019),
s. 2 (w.e.f. 9-8-2019).
2. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 2, for "after consultation with
such of the Judges of the Supreme Court and of the High Court in the States as the President may
deem necessary for the purpose" (w.e.f. 13-4-2015). This amendment has been struck down by the
Supreme Court in the case of Supreme Court Advocates-on-Record Association and another Vs.
Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.
3. The first proviso was omitted by s. 2, ibid. The proviso was as under:—
"
Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief
Justice of India shall always be consulted:" This amendment has been struck down by the Supreme
Court in the case of Supreme Court Advocates-on-Record Association and another Vs. Union of
India in its judgment dated 16-10-2015, AIR 2016 SC 117.
4. Subs. by s. 2, ibid. for "provided further that" This amendment has been struck down by the Supreme
Court in the Supreme Court Advocates-on-Record Association and another Vs Union of India
judgment dated 16-10-2015, AIR 2016 SC 117.
58 THE CONSTITUTION OF INDIA
(Part V.—The Union)
1
[(2A) The age of a Judge of the Supreme Court shall be determined by
such authority and in such manner as Parliament 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 of India and—
(a) has been for at least five years a Judge of a High Court or of
two or more such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or
of two or more such Courts in succession; 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 before the 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 an advocate, any period during which a person has
held judicial office not inferior to that of a district judge after he 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 President passed after an address by each House of
Parliament supported by a majority of the total membership of that House and by a
majority of not less than two-thirds of the members of that House present and voting
has been presented to the President in the same session for such removal on the
ground of proved misbehaviour or incapacity.
(5) Parliament may by law regulate the procedure for the presentation of an
address and for the investigation and proof of the misbehaviour or incapacity of a
Judge under 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 person appointed in that behalf by him, an oath or affirmation according
to the form set out for the purpose in the Third Schedule.
(7) No person who has held office as a Judge of the Supreme Court shall
plead or act in any court or before any authority within the territory of India.
2
[124A. National Judicial Appointments Commission.—
(1) There
shall be a Commission to be known as the National Judicial Appointments
Commission consisting of the following, namely:—
______________________________________________
1. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).
2. Ins. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 3 (w.e.f. 13-4-2015). This
amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-
on-Record Association and another Vs Union of India in its judgment dated 16-10-2015,
AIR 2016 SC 117.
59 THE CONSTITUTION OF INDIA
(Part V.—The Union)
(a) the Chief Justice of India, Chairperson, ex officio;
(b) two other senior Judges of the Supreme Court next to the
Chief Justice of India––Members, ex officio;
(c) the Union Minister in charge of Law and Justice––Member,
ex officio;
(d) two eminent persons to be nominated by the committee
consisting of the Prime Minister, the Chief Justice of India and the
Leader of Opposition in the House of the People or where there is no
such Leader of Opposition, then, the Leader of single largest Opposition
Party in the House of the People––Members:
Provided that one of the eminent person shall be nominated from
amongst the persons belonging to the Scheduled Castes, the Scheduled
Tribes, Other Backward Classes, Minorities or Women:
Provided further that an eminent person shall be nominated for a
period of three years and shall not be eligible for renomination.
(2) No act or proceedings of the National Judicial Appointments
Commission shall be questioned or be invalidated merely on the ground of the
existence of any vacancy or defect in the constitution of the Commission.
124B. Functions of Commission.––It shall be the duty of the National
Judicial Appointments Commission to—
(a) recommend persons for appointment as Chief Justice of India,
Judges of the Supreme Court, Chief Justices of High Courts and other
Judges of High Courts;
(b) recommend transfer of Chief Justices and other Judges of High
Courts from one High Court to any other High Court; and
(c) ensure that the person recommended is of ability and integrity.
124C. Power of Parliament to make law.––Parliament may, by law,
regulate the procedure for the appointment of Chief Justice of India and other
Judges of the Supreme Court and Chief Justices and other Judges of High
Courts and empower the Commission to lay down by regulations the procedure
for the discharge of its functions, the manner of selection of persons for
appointment and such other matters as may be considered necessary by it.]
125. Salaries, etc., of Judges.— 1[
(1) There shall be paid to the Judges
of the Supreme Court such salaries as may be determined by Parliament by law
and, until provision in that behalf is so made, such salaries as are specified in
the Second Schedule.]
(2) Every Judge shall be entitled to such privileges and allowances and to such
rights in respect of leave of absence and pension as may from time to time be
determined by or under law made by Parliament and, until so determined, to such
privileges, allowances and rights as are specified in the Second Schedule:
______________________________________________
1. Subs. by the Constitution (Fifty-fourth Amendment) Act, 1986, s. 2, for cl.
(1)
(w.e.f. 1-4-1986).
60 THE CONSTITUTION OF INDIA
(Part V.—The Union)
Provided that neither the privileges nor the allowances of a Judge nor his
rights in respect of leave of absence or pension shall be varied to his
disadvantage after his appointment.
126. Appointment of acting Chief Justice.—When the office of Chief
Justice of India is vacant or when the Chief Justice is, by reason of absence or
otherwise, unable to perform the duties of his office, 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. Appointment of ad hoc Judges.—
(1) If at any time there should
not be a quorum of the Judges of the Supreme Court available to hold or
continue any session of the Court, 1[the National Judicial Appointments
Commission on a reference made to it by the Chief Justice of India, may with
the previous consent of the President] and after consultation with the Chief
Justice of the High Court 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 Court duly qualified for appointment as a Judge of the
Supreme Court 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, to attend 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, of a Judge of the Supreme Court.
128. Attendance of retired Judges at sittings of the Supreme
Court.—Notwithstanding anything in this Chapter, 2[the National Judicial
Appointments Commission] may at any time, with the previous consent of the
President, request any person who has held the office of a Judge of the
Supreme Court or of the Federal Court 3[or who has held the office of a Judge
of a High Court and is duly qualified for appointment as a Judge of the
Supreme Court] to sit and act as a Judge of the Supreme Court, and every such
person so requested shall, while so sitting and acting, be entitled to such
allowances 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 that Court:
______________________________________________
1. Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 4, for "the Chief
Justice of India may, with the previous consent of the President" (w.e.f. 13-4-2015).
This amendment has been struck down by the Supreme Court in the case of Supreme
Court Advocates-on-Record Association and another vs. Union of India in its
judgment dated 16-10-2015, AIR 2016 SC 117.
2. Subs. by s. 5, ibid., for "the Chief Justice of India" (w.e.f. 13-4-2015). This amendment
has been struck down by the Supreme Court in the case of Supreme Court Advocates-
on-Record Association and another Vs. Union of India in its judgment dated 16-10-
2015, AIR 2016 SC 117.
3. Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 3 (w.e.f. 5-10-1963).
61 THE CONSTITUTION OF INDIA
(Part V.—The Union)
Provided that nothing in this article shall be deemed to require any such
person as aforesaid to sit and act as a Judge of that Court unless he consents so
to do.
129. Supreme Court to be a court of record.—The Supreme Court
shall be a court of record and shall have all the powers of such a court including
the power to punish for contempt of itself.
130. Seat of Supreme Court.—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. Original jurisdiction of the Supreme Court.—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 other States 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 extent of 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 the
commencement of this Constitution, continues in operation after such
commencement, or which provides that the said jurisdiction shall not extend to
such a dispute.]
2
[131A. Exclusive jurisdiction of the Supreme Court in regard to
questions as to constitutional validity of Central laws.].—Omitted by the
Constitution (Forty-third Amendment) Act, 1977, s. 4 (w.e.f. 13-4-1978).
132. Appellate jurisdiction of the Supreme Court in appeals from
High Courts in certain cases.—
(1) An appeal shall lie to the Supreme Court
from any judgment, decree or final order of a High Court in the territory of
India, whether in a civil, criminal or other proceeding, 3[if the High Court
certifies under article 134A] that the case involves a substantial question of law
as to the interpretation of this Constitution.
______________________________________________
1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 5, for the proviso
(w.e.f. 1-11-1956).
2. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23 (w.e.f. 1-2-1977).
3. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for "if the High
Court certifies" (w.e.f. 1-8-1979).
62 THE CONSTITUTION OF INDIA
(Part V.—The Union)
1
(2)* * * * *
(3) Where such a certificate is given, 2*** any party in the case may
appeal to the Supreme Court on the ground that any such question as aforesaid
has been wrongly decided 2***.
Explanation.—For the purposes of this article, the expression “final
order” includes an order deciding an issue which, if decided in favour of the
appellant, would be sufficient for the final disposal of the case.
133. Appellate jurisdiction of the Supreme Court in appeals from
High Courts in regard to civil matters.—3[
(1) An appeal shall lie to the
Supreme Court from any judgment, decree or final order in a civil proceeding
of a High Court in the territory of India 4[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) may urge as one of the grounds in such appeal
that a substantial question of law as to the interpretation of this Constitution has
been wrongly decided.
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament
by law otherwise provides, lie to the Supreme Court from the judgment, decree or final
order of one Judge of a High Court.
134. Appellate jurisdiction of the Supreme Court in regard to
criminal matters.—
(1) An appeal shall lie to the Supreme Court from any
judgment, final order or sentence in a criminal proceeding of a High Court in
the territory of India if the 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 has in such trial convicted the accused
person and sentenced him to death; or
(c) 5[certifies under article 134A] that the case is a fit one for appeal
to the Supreme Court:
______________________________________________
1. Cl.
(2) omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for "if
the High Court certifies" (w.e.f. 1-8-1979).
2. Certain words omitted by s. 17, ibid. (w.e.f. 1-8-1979).
3. Subs. by the Constitution (Thirtieth Amendment) Act, 1972, s. 2, for cl.
(1)
(w.e.f. 27-2-1973).
4. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s.18, for "if the High
Court certifies.—" (w.e.f. 1-8-1979).
5. Subs. by s. 19, ibid., for "certifies" (w.e.f. 1-8-1979).
63 THE CONSTITUTION OF INDIA
(Part V.—The Union)
Provided that an appeal under sub-clause
(c) shall lie subject to such
provisions as may be made in that behalf under clause
(1) of article 145 and to
such conditions 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 appeals from any judgment, final order or sentence
in a criminal proceeding of a High Court in the territory of India subject to such
conditions and limitations as may be specified in such law.
1
[134A. Certificate for appeal to the Supreme Court.—Every High
Court, passing or making a judgment, decree, final order, or sentence, referred to
in clause
(1) of article 132 or clause
(1) of article 133, or clause
(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 the passing or making of such judgment,
decree, final order or sentence,
determine, as soon as may be after such passing or making, the question
whether a certificate of the nature referred to in clause
(1) of article 132, or
clause
(1) of article 133 or, as the case may be, sub-clause
(c) of clause
(1) of
article 134, may be given in respect of that case.]
135. Jurisdiction and powers of the Federal Court under existing
law to be exercisable by the Supreme Court.—Until Parliament by law
otherwise provides, the Supreme Court shall also have jurisdiction and powers
with respect to any matter to which the provisions of article 133 or article 134
do not apply if jurisdiction and powers in relation to that matter were
exercisable by the Federal Court immediately before the commencement of this
Constitution under any existing law.
136. Special leave to appeal by the Supreme Court.—
(1)
Notwithstanding anything in this Chapter, the Supreme Court may, in its
discretion, grant special leave to appeal from any judgment, decree,
determination, sentence or order in any cause or matter passed or made by any
court or tribunal in the territory of India.
(2) Nothing in clause
(1) shall apply to any judgment, determination,
sentence or order passed or made by any court or tribunal constituted by or
under any law relating
