Article 118 of the Costitution of India with Case law
Article 118 of the Constitution of India
— Rules of Procedure
📜 Text of Article 118:
118(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.
118(2): Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution shall continue to apply.
118(3): The President, after consultation with the Speaker of the Lok Sabha, may make rules for the joint sitting of both Houses under Article 108.
118(4): Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of either House with respect to any financial matter.
🔎 Explanation:
Clause (1): Each House (Lok Sabha and Rajya Sabha) has the independent power to frame its own rules.
Clause (2): Old rules continue until new ones are made.
Clause (3): For joint sittings (as under Article 108), the President makes rules after consulting the Speaker.
Clause (4): Parliament can regulate financial procedures by enacting laws.
⚖️ Key Case Laws on Article 118:
1. Raja Ram Pal v. Speaker, Lok Sabha
Citation: (2007) 3 SCC 184
Facts: Concerned expulsion of MPs in the cash-for-query scam.
Held: The rules framed under Article 118 are subject to constitutional limitations and can be judicially reviewed.
Importance: Although the House is supreme in its internal functioning, judicial review applies where constitutional provisions are violated.
2. Kihoto Hollohan v. Zachillhu
Citation: 1992 Supp (2) SCC 651
Context: Challenge to the Speaker’s power under the Tenth Schedule.
Held: The rules framed by the House (under Article 118) for disqualification proceedings must follow the principles of natural justice.
Importance: Rules made by Parliament are not beyond scrutiny if fundamental rights are affected.
3. M.S.M. Sharma v. S.K. Sinha (Searchlight Case)
Citation: AIR 1959 SC 395
Issue: Privileges of Parliament vs. freedom of the press.
Held: Rules of procedure made under Article 118 cannot override fundamental rights.
Importance: Demonstrates that procedural rules must align with Part III (Fundamental Rights).
🧾 Key Takeaways:
Article 118 gives autonomy to Parliament to regulate its own business.
This power is not absolute; it is subject to the Constitution.
The President only frames rules for joint sittings, not for regular sessions.
Rules framed under Article 118 can be judicially reviewed if they violate fundamental rights or constitutional provisions.
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