What is Article 118 of Indian Constitution – Defination & Meaning

Article 118: Rules of procedure (1) Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure and
📅 Part V – The Union
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Article Number

118

part

Part V – The Union

Status

Active

Bare Acts Text

Article 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.
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Full Definition & Explanation

Article 118 of the Indian Constitution outlines how the two Houses of Parliament, namely the Lok Sabha and the Rajya Sabha, can establish their own rules for conducting business and procedures. This article empowers each House to create rules that are in line with the Constitution. This means that while the Houses have a lot of freedom to regulate their own workings, they must still follow the overarching principles of the Constitution. For instance, both Houses can decide how debates are conducted, how votes are taken, and how members can raise issues. This flexibility allows Parliament to adapt to changing circumstances and requirements. The article also provides a transitional mechanism. Until the new rules are established, the existing rules and standing orders from the previous legislative body, the Dominion of India, will remain in effect. This provision ensures continuity in the legislative process. The Chairman of the Rajya Sabha and the Speaker of the Lok Sabha can modify these rules as necessary. This allows for a smoother transition from past practices to those that reflect the values and needs of the newly independent nation. Also, Article 118 also addresses the procedure for joint sittings of both Houses. The President, after consulting with the Chairman and the Speaker, has the authority to make rules regarding how these joint sittings will be conducted. This ensures that both Houses can work together effectively when required, promoting cooperation and collaboration in the legislative process. Overall, Article 118 plays a key role in shaping how Parliament operates, ensuring that it remains functional and responsive to the needs of the country.

Historical Context

This article empowers each House to create rules that are in line with the Constitution. This means that while the Houses have a lot of freedom to regulate their own workings, they must still follow the overarching principles of the Constitution. For instance, both Houses can decide how debates are conducted, how votes are taken, and how members can raise issues. This flexibility allows Parliament to adapt to changing circumstances and requirements. Article 118 of the Indian Constitution outlines how the two Houses of Parliament, namely the Lok Sabha and the Rajya Sabha, can establish their own rules for conducting business and procedures.

Key Features

– Each House of Parliament can make its own rules for procedure.
– Existing rules from the Dominion of India remain effective until new rules are made.
– The President can set rules for joint sittings of both Houses.
– The Speaker presides over joint sittings unless otherwise specified.
– Rules must comply with the provisions of the Constitution.

Importance & Impact

– Empowers Parliament to regulate its own functioning and procedures
– Ensures continuity of legislative procedures from previous governance
– Facilitates collaboration through rules for joint sittings
– Allows for adaptation to changing legislative needs and circumstances
– Encourages orderly conduct in parliamentary debates and discussions

Sample UPSC Question

Consider the following statements about Article 118: 1. Each House of Parliament makes its own rules of procedure under Article 118. 2. Rules of procedure of Parliament can be challenged in courts for procedural irregularity. 3. The President can make rules for joint sittings of Parliament. 4. Until rules are made, the President may make temporary rules for Parliament. Which statements are correct? a) 1 and 3 only b) 1, 3 and 4 only c) 2 and 4 only d) 1, 2 and 3 only

Answer

Answer: b) 1, 3 and 4 only Statement 1 is correct per Article 118(1). Statement 2 is wrong — Article 122 bars courts from questioning parliamentary proceedings on grounds of procedural irregularity. Statement 3 is correct — Article 118(2) gives the President power over joint sitting rules. Statement 4 is correct per Article 118(4).

Key Takeaways

✓ Parliament can create its own procedural rules
✓ Existing rules apply until new ones are made.
✓ The President can set rules for joint sittings.
✓ The Speaker presides over joint sessions of Parliament.
✓ Rules must align with constitutional provisions

FAQs

Article 118 of the Indian Constitution outlines how the two Houses of Parliament, namely the Lok Sabha and the Rajya Sabha, can establish their own rules for conducting business and procedures. This article empowers each House to create rules that are in line with the Constitution. This means that while the Houses have a lot of freedom to regulate their own workings, they must still follow the overarching principles of the Constitution.

This provision ensures continuity in the legislative process. The Chairman of the Rajya Sabha and the Speaker of the Lok Sabha can modify these rules as necessary. This allows for a smoother transition from past practices to those that reflect the values and needs of the newly independent nation. Article 118 of the Indian Constitution outlines how the two Houses of Parliament, namely the Lok Sabha and the Rajya Sabha, can establish their own rules for conducting business and procedures.

The President, after consulting with the Chairman and the Speaker, has the authority to make rules regarding how these joint sittings will be conducted. This ensures that both Houses can work together effectively when required, promoting cooperation and collaboration in the legislative process. Overall, Article 118 plays a key role in shaping how Parliament operates, ensuring that it remains functional and responsive to the needs of the country.

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