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Articles 103 to 153 of the Indian Constitution – The Structure of the Union Government

The Indian Constitution provides a detailed blueprint for governance, ensuring a smooth balance between the Union and the States, as well as between the Executive, Legislature, and Judiciary. Articles 103 to 153 continue from the provisions of Parliament and the Union Executive, moving into the realm of the Judiciary and the State Executive.

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Union Government – Parliament and Disqualifications (Articles 103 to 104)

Article 103 – Decision on Disqualifications of Members
If there is any doubt about whether a Member of Parliament has become disqualified, the matter is referred to the President. The President acts according to the opinion of the Election Commission.

Article 104 – Penalty for Sitting and Voting before Taking Oath or When Disqualified
Any person who sits or votes in Parliament without taking the prescribed oath, or despite being disqualified, is liable to a penalty decided by Parliament.

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Parliamentary Powers and Functions (Articles 105 to 122)

Article 105 – Powers, Privileges, and Immunities of Parliament and Its Members
Members enjoy freedom of speech in Parliament and are protected from legal action for anything said or any vote given in the House.

Article 106 – Salaries and Allowances of Members
Parliament decides the salaries and allowances of its members.

Article 107 – Provisions Regarding Introduction and Passing of Bills
Defines how Bills are introduced and passed in Parliament.

Article 108 – Joint Sitting of Both Houses
When there is a deadlock between the Lok Sabha and the Rajya Sabha, a joint sitting can be held under the President’s summons.

Article 109 – Special Procedure for Money Bills
Money Bills can only be introduced in the Lok Sabha and must follow a special procedure.

Article 110 – Definition of Money Bills
Specifies what constitutes a Money Bill, mainly dealing with taxation, borrowing, or public expenditure.

Article 111 – Assent to Bills
The President may give assent, withhold assent, or return a non-Money Bill for reconsideration.

Article 112 – Annual Financial Statement (Budget)
The Government must present an annual financial statement before Parliament.

Article 113 – Procedure in Parliament with Respect to Estimates
Details how the budget proposals are considered and voted upon.

Article 114 – Appropriation Bills
Authorises expenditure from the Consolidated Fund of India.

Article 115 – Supplementary, Additional, or Excess Grants
Allows Parliament to approve extra spending when necessary.

Article 116 – Votes on Account, Votes of Credit, and Exceptional Grants
Provides for temporary financial provisions before the budget is passed.

Article 117 – Special Provisions Regarding Financial Bills
Covers introduction and consideration of financial bills other than Money Bills.

Article 118 – Rules of Procedure
Parliament makes its own rules for conducting business.

Article 119 – Regulation by Law of Procedure in Parliament Regarding Financial Business
Allows special laws for financial procedures.

Article 120 – Language to be Used in Parliament
Proceedings are conducted in Hindi or English, with provisions for translation.

Article 121 – Restriction on Discussion in Parliament
No discussion can take place on the conduct of judges except during impeachment motions.

Article 122 – Courts Not to Inquire into Proceedings of Parliament
The validity of parliamentary proceedings cannot be questioned in a court.

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The Union Judiciary – The Supreme Court (Articles 123 to 147)

Article 123 – Power of the President to Promulgate Ordinances
The President can issue ordinances when Parliament is not in session, with the same force as laws.

Article 124 – Establishment and Constitution of the Supreme Court
Sets up the Supreme Court with the Chief Justice and other judges appointed by the President.

Article 125 – Salaries of Judges
Determined by Parliament and charged on the Consolidated Fund of India.

Article 126 – Appointment of Acting Chief Justice
The President may appoint an acting Chief Justice when the office is vacant.

Article 127 – Appointment of Ad Hoc Judges
The Chief Justice can appoint High Court judges as ad hoc judges in the Supreme Court.

Article 128 – Attendance of Retired Judges
Retired judges can be requested to serve temporarily.

Article 129 – Supreme Court to Be a Court of Record
It can punish for contempt of court.

Article 130 – Seat of the Supreme Court
The Supreme Court sits in Delhi unless otherwise appointed by the Chief Justice with the President’s approval.

Article 131 – Original Jurisdiction of the Supreme Court
Hears disputes between the Union and States or between States.

Article 132 – Appellate Jurisdiction in Constitutional Cases
Can hear appeals involving substantial constitutional questions.

Article 133 – Appellate Jurisdiction in Civil Cases
Hears appeals in civil matters if certain conditions are met.

Article 134 – Appellate Jurisdiction in Criminal Cases
Provides for criminal appeals to the Supreme Court.

Article 134A – Certificate for Appeal to the Supreme Court
High Courts can certify cases fit for appeal.

Article 135 – Jurisdiction and Powers with Respect to Federal Court Cases
Allows the Supreme Court to exercise powers of the abolished Federal Court.

Article 136 – Special Leave to Appeal
Supreme Court can grant leave to appeal in any case.

Article 137 – Review of Judgments or Orders
Supreme Court can review its own judgments.

Article 138 – Enlargement of the Jurisdiction of the Supreme Court
Parliament may extend the Court’s powers.

Article 139 – Conferment of Powers to Issue Certain Writs
Allows Parliament to authorise the Supreme Court to issue certain writs.

Article 139A – Transfer of Certain Cases
Supreme Court can transfer cases between High Courts.

Article 140 – Ancillary Powers of the Supreme Court
Parliament can confer additional powers for effective functioning.

Article 141 – Law Declared by the Supreme Court Binding on All Courts
Supreme Court judgments become binding precedents.

Article 142 – Enforcement of Decrees and Orders
Empowers the Court to pass orders to do “complete justice.”

Article 143 – Advisory Jurisdiction of the Supreme Court
President may seek the Court’s opinion on questions of law or fact.

Article 144 – Civil and Judicial Authorities to Act in Aid of the Supreme Court
All authorities must assist the Court.

Article 145 – Rules of Court
Supreme Court frames its own rules.

Article 146 – Officers and Servants of the Supreme Court
The Chief Justice manages the staff.

Article 147 – Interpretation
Defines expressions used in relation to the Supreme Court.

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State Executive (Articles 148 to 153)

Article 148 – Comptroller and Auditor-General of India (CAG)
An independent constitutional authority responsible for auditing the Union and State accounts.

Article 149 – Duties and Powers of the CAG
Detailed by law; ensures financial accountability.

Article 150 – Form of Accounts of the Union and States
President decides the form of accounts based on CAG advice.

Article 151 – Audit Reports
CAG submits reports to the President or Governor, who places them before Parliament or the State Legislature.

Article 152 – Definition
Defines “State” for this part, excluding Jammu and Kashmir.

Article 153 – Governors of States
There shall be a Governor for each State, appointed by the President.

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Conclusion

Articles 103 to 153 form the bridge between the Union Legislature, the Judiciary, and the State Executive. They ensure smooth functioning of parliamentary democracy, provide for an independent judiciary, and maintain financial discipline through the CAG’s office. These provisions safeguard the constitutional balance and keep the government accountable to the people.

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