Vol. 13 · pages 171–175

and exercise a casting vote in the case of an equality of votes. (2) Either House of Parliament shall have power to act notwithstanding any vacancy in the member- ship thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. 5 (3) If at any time during a meeting of a House, less than one-sixth of the total number of members of the House are present, it shall be the duty of the Chairman or Speaker or person acting as such either to adjourn the House, or to suspend the meeting until at least one-sixth of the members are present. 10 15 Disqualifications of Members Declaration by members. 81. Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, a declaration according to the form set out for the purpose in the Third Schedule. 20 Vacation of seats. 82. (1) No person shall be a member of both Housed of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other. 25 (2) If a member of either House of Parliament— (a) becomes subject to any of the disqualifica- tions mentioned in clause (1) of the next succeeding article; or 30 (b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, his seat shall thereupon become vacant. (3) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: 35 Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourn- ed for more than four consecutive days. 40 170 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 138 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Disqualifica- tions for membership. 83. (1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament— (a) if he holds any office of profit under the Gov- ernment of India or the Government of any State other than an office declared by Parliament by law not to disqualify its holder; 5 (b) if he is of unsound mind and stands so declared by a competent court; 10 (c) if he is an undischarged insolvent; *(d) if he is under any acknowledgment of alle- giance or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; and 15 (e) if he is so disqualified by or under any law made by Parliament. (2) For the purposes of this article a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that— 20 (a) he is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or 25 (b) he is a minister for any State for the time being specified in Part III of the First Schedule, if he is responsible to the Le- gislature of the State, or where there are two Houses of the Legislature of the State, to the Lower House of such Legis- lature and if not less than three-fourths of the members of such Legislature or House, as the case may be, are elected. 30 Penalty for sitting and voting be- fore making declaration under arti- cle 81 or when not qualified or when dis- qualified. 84. If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 81 of this Constitu- tion, or when he knows that he is not qualified, or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provi- sions of any law made by Parliament, he shall be 35 40 * The Committee has inserted this sub-clause, following the provisions of Section 44 (i) of the Commonwealth of Australia Constitution Act. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 171 139THE DRAFT CONSTITUTION

liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be re- covered as a debt due to the Government of India. Privileges and Immunities of Members Privileges, etc. of members. 85. (1) Subject to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament. 5 (2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the autho- rity of either House of Parliament of any report, paper, votes or proceedings. 10 (3) In other respects, the privileges and immuni- ties of members of the Houses shall be such as may from time to time be defined by Parliament by law, and, until so defined, shall be such as are enjoyed by the members of the House of Commons of the Parliament of the United Kingdom at the commence- ment of this Constitution. 15 20 (4) The provisions of clauses (1), (2) and (3) of this article shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise take part in the proceedings of, a House of Parliament as they apply in relation to members of Parliament. 25 Salaries and allowances of members. 86. Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such condi- tions as were immediately before the date of com- mencement of this Constitution applicable in the case of members of the Legislature of the Dominion of India. 30 35 Legislative Procedure Provisions as to Introduo- tion and passing of Bills. 87. (1) Subject to the provisions of articles 89 and 97 of this Constitution with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament. 40 172 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 140 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(2) Subject to the provisions of articles 88 and 89 of this Constitution, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses. 5 (3) A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses. (4) A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People. 10 (5) A Bill which is pending in the House of the People or which having been passed by the House of the People is pending in the Council of States shall, subject to the provisions of article 88 of this Constitution, lapse on a dissolution of the House of the People. 15 Joint sitting of both Houses in Certain cases. 88. (1) If after a Bill has been passed by one House and transmitted to the other House— (a) the Bill is rejected by the other House; or 20 (b) the Houses have finally disagreed as to the amendments to be made in the Bill; or (c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, 25 the President may, unless the Bill has lapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill: 30 Provided that nothing in this clause shall apply to a Money Bill. 35 (2) In reckoning any such period of six months as is referred to in clause (1) of this article, no account shall be taken of any time during which both Houses are prorogued or adjourned for more than four days. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 173 141THE DRAFT CONSTITUTION

(3) Where the President has under clause (1) of this article notified his intention of summoning the Houses to meet in a joint sitting, neither House shall proceed further with the Bill, but the President may at any time after the date of his notification summon the Houses to meet in a joint sitting for the purpose specified in the notification and, if he does so, the Houses shall meet accordingly. 5 (4) If at the joint sitting of the two Houses the Bill with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed for the purposes of this Constitution to have been passed by both Houses: 10 Provided that at a joint sitting— 15 (a) if the Bill, having been passed by one House, has not been passed by the other House with amendments and returned to the House in which it originated, no amend- ment shall be proposed to the Bill other than such amendments (if any) as are made necessary by the delay in the passage of the Bill; 20 (b) if the Bill has been so passed and returned, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the mat- ters with respect to which the Houses have not agreed; 25 and the decision of the person presiding as to the amendments which are admissible under this clause shall be final. 30 (5) A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that a dissolution of the House of the People has inter- vened since the President notified his intention to summon the Houses to meet therein. 35 Special pro- cedure in respect of Money Bills. 89. (1) A Money Bill shall not be introduced in the Council of States. 40 (2) After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the Council of States shall within a period of thirty days 174 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 142 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES