Article 118

Article 118 of the Constitution of India provides the constitutional foundation for the rules of procedure and conduct of business in both Houses of Parliament — the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This article ensures the orderly and systematic functioning of Parliament by granting each House the authority to regulate its internal proceedings while maintaining adherence to the overarching framework of the Constitution.

Constitutional Framework and Objective

Article 118 is part of Chapter V of Part V of the Constitution, which deals with the structure and functioning of Parliament. The framers of the Constitution recognised that, for a large and complex legislature like India’s, it was necessary to have a clear set of procedural rules to guide the conduct of legislative business.
The objective of Article 118 is to provide autonomy to each House of Parliament in managing its affairs while ensuring constitutional consistency, efficiency, and discipline in the legislative process. It also establishes the procedure for joint sittings and inter-house communication, thereby maintaining coordination between the two chambers of the legislature.

Clause (1): Power of Each House to Frame Its Own Rules

Under Article 118(1), each House of Parliament has the power to make its own rules for regulating its procedure and the conduct of its business. This clause embodies the principle of parliamentary autonomy, granting both Houses the freedom to determine how they will operate, debate, and transact legislative business.
However, this rule-making power is subject to the provisions of the Constitution, meaning that neither House can make rules inconsistent with constitutional mandates. For instance, procedural rules cannot contradict fundamental rights, legislative procedures prescribed under Articles 107–111, or constitutional provisions ensuring transparency and accountability.
The rules framed under this clause govern:

• The introduction, discussion, and passage of Bills.
• The conduct of members and maintenance of order during proceedings.
• The process of voting, division, and quorum requirements.
• The functioning of committees, including the Public Accounts Committee and the Estimates Committee.

Clause (2): Transitional Provisions

Article 118(2) provides for a transitional arrangement to ensure continuity in parliamentary functioning. It states that the rules and standing orders in force before the commencement of the Constitution shall continue to operate until new rules are framed by each House under Article 118(1).
During this transitional period, the Chairman of the Rajya Sabha and the Speaker of the Lok Sabha have the authority to make modifications or adaptations to the existing rules as necessary.

Clause (3): Rules for Joint Sittings and Communication

Under Article 118(3), the President of India is empowered to make rules for the procedure of joint sittings of both Houses of Parliament and for communication between them.
This provision applies to situations arising under Article 108, where a joint sitting is convened to resolve a legislative deadlock between the two Houses over a non-Money Bill.
Key aspects of Clause (3) include:

• The President must consult both the Chairman of the Rajya Sabha and the Speaker of the Lok Sabha before making such rules.
• These rules govern voting procedures, the conduct of debates, and the resolution of differences between the Houses.
• They ensure that joint sessions operate within a constitutional and procedural framework, preserving the balance between the bicameral chambers.

Legal and Constitutional Significance

Article 118 plays a vital role in India’s parliamentary democracy by safeguarding legislative independence while maintaining constitutional harmony. Its key constitutional functions include:

• Empowering Parliament to regulate its internal affairs free from executive interference.
• Ensuring continuity and uniformity in legislative functioning through transitional provisions.
• Maintaining cooperation between the two Houses via well-defined procedures for communication and joint sittings.
• Upholding the principle of separation of powers, as procedural autonomy of the legislature prevents encroachment by the executive or judiciary in internal parliamentary matters.

Important Judicial Pronouncements

Several judicial decisions have interpreted the constitutional scope of legislative procedure and the autonomy conferred by Article 118:

• Keshav Singh v. Speaker, Legislative Assembly, U.P. (1965): The Supreme Court affirmed that while each House has exclusive authority over its internal procedures, this power is subject to judicial review if there is a clear violation of constitutional provisions.
• Indira Gandhi v. Raj Narain (1975): The Court emphasised the importance of parliamentary procedure and the Speaker’s authority in maintaining order and upholding democratic traditions.
• Minerva Mills Ltd. v. Union of India (1980): The Court discussed the procedural and structural balance among the three organs of the state, reaffirming that Parliament’s rule-making power under Article 118 is part of the constitutional framework of checks and balances.

Related Constitutional Provisions

Article 118 is closely linked to several other provisions that define the composition and functioning of Parliament:

• Article 79: Establishes Parliament as comprising the President, Rajya Sabha, and Lok Sabha.
• Article 80: Defines the composition of the Rajya Sabha.
• Article 81: Specifies the composition of the Lok Sabha.
• Article 108: Provides for joint sittings of both Houses in case of legislative disagreement.

Significance of Article 118

The significance of Article 118 extends beyond procedural formality; it is fundamental to the working of parliamentary democracy in India. Its importance lies in the following aspects:

• It guarantees self-regulation for both Houses, reinforcing the principle of legislative sovereignty.
• It ensures orderly conduct of business, allowing Parliament to carry out its legislative, deliberative, and oversight functions effectively.
• It provides continuity and adaptability, enabling procedural evolution in response to changing political and administrative needs.
• It strengthens institutional accountability, as the rules framed under this article guide parliamentary discipline, debate, and transparency.

Conclusion

Article 118 stands as a crucial pillar of India’s constitutional and parliamentary structure. By empowering each House to frame and adapt its own rules, it preserves legislative autonomy, fosters procedural order, and sustains democratic deliberation within the Parliament. The article embodies the constitutional vision of a legislature that functions independently yet responsibly, harmonising flexibility with fidelity to the Constitution of India.