Actual Article
Article 118: Rules of procedure
- Rule-Making Power of Parliament:
- Each House of Parliament may make rules for regulating its procedure and the conduct of its business.
- Presidential Approval:
- Until rules are made under clause (1), the President may, after consultation with the Chairman of the Council of States or the Speaker of the House of the People, as the case may be, make rules for regulating the procedure of, and the conduct of business in, each House of Parliament.
- Adaptation of Rules of Procedure:
- In relation to the Council of States (Rajya Sabha) and the House of the People (Lok Sabha), the rules of procedure and conduct of business in force immediately before the commencement of this Constitution shall, so far as they are not inconsistent with the provisions of this Constitution, be deemed to be rules made by the Council of States or the House of the People, as the case may be, under clause (1).
- Committee on Rules:
- There shall be constituted in each House of Parliament a committee on rules to consider matters of procedure and conduct of business in the House and to recommend any amendments or additions to such rules that it may deem necessary.
UPSC Notes for Article 118
Explanation:
- Rule-Making Power of Parliament:
- Both the Lok Sabha and Rajya Sabha have the authority to make their own rules for regulating their procedures and conduct of business.
- Presidential Approval:
- Until the Houses make their own rules, the President can make rules for the procedures and conduct of business after consulting with the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha.
- Adaptation of Existing Rules:
- The rules of procedure and conduct of business that were in force before the commencement of the Constitution continue to apply, provided they are not inconsistent with the new Constitution, until new rules are made.
- Committee on Rules:
- Each House of Parliament has a committee on rules to review, consider, and recommend amendments or additions to the rules of procedure and conduct of business.
Key Points:
- Autonomy of Houses: Empowers each House of Parliament to regulate its own procedures, ensuring autonomy in legislative operations.
- Continuity and Adaptation: Ensures continuity by allowing pre-existing rules to remain in force until new rules are made, providing stability during the transition period.
- Role of the President: Provides a mechanism for interim rule-making through presidential approval, ensuring that parliamentary procedures are in place even if the Houses have not yet made their own rules.
- Oversight and Review: Establishes a committee on rules in each House to continuously review and update the procedural rules, ensuring they remain relevant and effective.
Important Cases and Commissions Related to Article 118
Cases:
- Kihoto Hollohan vs. Zachillhu (1992): This case highlighted the importance of parliamentary procedures and rules, especially in the context of anti-defection laws.
- Raja Ram Pal vs. Hon’ble Speaker, Lok Sabha (2007): Discussed the powers, privileges, and immunities of Parliament, emphasizing the role of procedural rules in legislative functioning.
Commissions:
- Sarkaria Commission: Analyzed Centre-State relations and emphasized the importance of clear procedural rules for the effective functioning of legislative bodies.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended reforms to enhance the effectiveness and transparency of parliamentary procedures.
Previous Year Prelims Questions Related to Article 118
- (UPSC Prelims 2016) The rules of procedure and conduct of business in the Parliament are made by:
- A. The President
- B. The Prime Minister
- C. Each House of Parliament
- D. The Speaker of the Lok Sabha Correct Answer: C. Each House of Parliament
- (UPSC Prelims 2018) Who can make rules for regulating the procedure and conduct of business in Parliament until each House makes its own rules?
- A. The President
- B. The Chief Justice of India
- C. The Prime Minister
- D. The Speaker of the Lok Sabha Correct Answer: A. The President
Previous Year Mains Questions Related to Article 118
- Mains 2016: “Discuss the significance of Article 118 in ensuring the autonomy and effective functioning of the Houses of Parliament. How does the rule-making power under this article contribute to parliamentary democracy?”
- Mains 2019: “Analyze the role of the Committee on Rules in each House of Parliament as established under Article 118. How does this committee ensure that the rules of procedure remain relevant and effective?”
Additional Insights:
- Ensuring Legislative Efficiency: The power to make rules allows each House of Parliament to tailor its procedures to its specific needs, promoting efficiency and effectiveness in legislative work.
- Flexibility and Adaptation: The ability to adapt pre-existing rules and continuously review and amend procedures ensures that parliamentary operations remain flexible and responsive to changing needs.
- Interim Provisions: The provision for presidential rule-making ensures that there is no procedural vacuum, maintaining the continuity of parliamentary functions.
Understanding Article 118 is crucial for UPSC aspirants as it outlines the procedural framework for the functioning of Parliament, ensuring that each House has the autonomy to regulate its own procedures while maintaining continuity and flexibility. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions that govern the legislative processes within India’s parliamentary system.