Article 119 of the Costitution of India with Case law
Article 119 of the Constitution of India – Regulation by law of procedure in Parliament in relation to financial business
🔹 Text of Article 119:
Article 119 – Regulation by law of procedure in Parliament in relation to financial business
Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, and any law so made shall not be deemed to be inconsistent with any rule made under clause (1) of Article 118.
🔹 Explanation:
Article 119 empowers Parliament to make laws to regulate its own procedure specifically in financial matters, such as:
Presentation and passage of the Annual Financial Statement (Budget)
Appropriation Bills for withdrawing funds from the Consolidated Fund of India
Such laws made under Article 119 will override procedural rules made under Article 118(1) (which gives the Houses the power to make their own rules of procedure).
🔹 Purpose:
Ensures that essential financial business (e.g., budget, money bills) is completed in a timely manner.
Prevents obstruction/delay in the passage of money bills due to procedural hurdles.
🔹 Related Constitutional Provisions:
Article 110 – Definition of Money Bills
Article 112 – Annual Financial Statement (Union Budget)
Article 113-117 – Procedure in Parliament with respect to financial matters
Article 118 – Rules of procedure in Parliament
🔹 Key Case Law Related to Article 119:
1. Mangalore Ganesh Beedi Works v. Union of India (1974 AIR 989, 1974 SCR (3) 221)
Context: This case challenged the validity of a taxation statute passed as a Money Bill.
Relevance: The case involved discussion on financial legislation, and procedural aspects under Articles 110 to 119.
Observation: The Supreme Court reiterated the special procedure for financial bills and Parliament’s power under Article 119 to regulate such procedures.
2. Mohd. Saeed Siddiqui v. State of Uttar Pradesh (2014) 11 SCC 415
Although this case involved the State legislature, the principles regarding passage of Money Bills and legislative procedure were discussed.
Significance: It highlights that Article 119-like provisions exist at the State level (under Article 209), and procedural rules can be overridden by legislative action.
3. Rojer Mathew v. South Indian Bank Ltd. (2019) 20 SCC 1
This case involved tribunal reforms via a Finance Act passed as a Money Bill.
Relevance: It emphasized scrutiny of financial legislation under Articles 110 to 119, and the need for maintaining constitutional boundaries.
🔹 Summary Table:
| Aspect | Details |
|---|---|
| Article No. | 119 |
| Applies to | Parliament of India |
| Subject | Procedure in relation to financial business |
| Power given to | Parliament |
| Overrides | Procedural rules made under Article 118(1) |
| Purpose | Ensure smooth and timely passage of financial matters |
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