Article 115 of the Costitution of India with Case law
Here is a detailed explanation of Article 115 of the Constitution of India, along with relevant case law.
🧾 Article 115 – Supplementary, Additional or Excess Grants
🔹 Text of Article 115 (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
(b) if the need has arisen during the current financial year for expenditure upon some new service not contemplated in the annual financial statement for that year; or
(c) 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 the House of the People a statement showing the estimated amount of such expenditure or grant required.
🔹 Clause (2):
The provisions of Article 113 shall apply to the discussion and voting of such statement and to the appropriation of moneys out of the Consolidated Fund of India in respect of the expenditure mentioned in that statement as they apply to the annual financial statement.
📌 Purpose of Article 115
Article 115 provides a constitutional mechanism to authorize Parliament to approve:
Supplementary Grants – For services where original funds fall short.
Additional Grants – For new services not initially included.
Excess Grants – For money already overspent, needing parliamentary approval.
🔍 Key Concepts
House of the People (Lok Sabha) must approve these grants.
Grants must be passed before money is withdrawn from the Consolidated Fund of India.
Ensures parliamentary control over public finances even after the budget is passed.
⚖️ Case Laws on Article 115
1. Union of India v. Deoki Nandan Aggarwal, AIR 1992 SC 96
Issue: Could the court direct government to provide funds?
Relevance: Court held that only Parliament can approve expenditure (under Articles 114 & 115). Judicial directions to allocate funds would violate financial sovereignty of Parliament.
2. Centre for Public Interest Litigation v. Union of India, (2012) 3 SCC 1 (2G Spectrum case)
Though not directly on Article 115, the judgment reaffirmed the principle that all government expenditure must have legislative sanction, and Article 115 plays a role in post-budget approvals.
3. Public Accounts Committee Reports
Various PAC (Parliamentary Accounts Committee) reports have raised issues on excess grants and unauthorised expenditure, leading to Article 115 applications for regularization.
🏛️ Parliamentary Practice Example
If the Ministry of Health underestimates the cost of COVID-19 vaccine procurement and spends more than sanctioned in the budget, a supplementary grant is introduced under Article 115.
✅ Summary
| Feature | Description |
|---|---|
| Article Number | 115 |
| Focus | Supplementary, Additional, and Excess Grants |
| Initiated By | The President (on government's recommendation) |
| Passed By | Lok Sabha |
| Constitutional Safeguard | Ensures no money is spent without authority of Parliament |
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