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4 minConstitutional Provision

Article 118: Power to Make Rules of Procedure

This mind map illustrates the core aspects and implications of Article 118, which grants Parliament the autonomy to regulate its own proceedings, a fundamental aspect of parliamentary democracy.

This Concept in News

1 news topics

1

Upholding Parliamentary Decorum: Debates on MP Suspensions and Speaker's Role

16 March 2026

यह खबर अनुच्छेद 118 के तहत बनाए गए संसदीय नियमों के व्यावहारिक क्रियान्वयन और उनके सामने आने वाली चुनौतियों को स्पष्ट रूप से उजागर करती है। यह दिखाती है कि कैसे ये नियम सदन में व्यवस्था बनाए रखने के लिए आवश्यक हैं, लेकिन साथ ही, कैसे उनका अनुप्रयोग सत्ता पक्ष और विपक्ष के बीच विवाद का कारण बन सकता है। अध्यक्ष द्वारा माइक्रोफोन नियंत्रण और नियमों के समान अनुप्रयोग पर दी गई स्पष्टीकरण, इन नियमों के परिचालन पहलुओं में महत्वपूर्ण अंतर्दृष्टि प्रदान करता है। 8 सांसदों का निलंबन इन नियमों से प्राप्त अनुशासनात्मक शक्तियों को दर्शाता है और व्यवस्था बनाए रखने तथा लोकतांत्रिक भागीदारी के बीच संतुलन के बारे में महत्वपूर्ण प्रश्न उठाता है। इस अवधारणा को समझना इसलिए महत्वपूर्ण है क्योंकि यह हमें यह विश्लेषण करने में मदद करता है कि क्या अध्यक्ष की कार्रवाई संवैधानिक सीमाओं के भीतर है और क्या निलंबन स्थापित नियमों के तहत उचित हैं। यह खबर हमें सिखाती है कि संसदीय नियम केवल कानूनी प्रावधान नहीं हैं, बल्कि वे राजनीतिक इच्छाशक्ति और संस्थागत मर्यादा के बीच एक सतत संवाद का परिणाम हैं, जिनका पालन सभी सदस्यों के लिए अनिवार्य है।

4 minConstitutional Provision

Article 118: Power to Make Rules of Procedure

This mind map illustrates the core aspects and implications of Article 118, which grants Parliament the autonomy to regulate its own proceedings, a fundamental aspect of parliamentary democracy.

This Concept in News

1 news topics

1

Upholding Parliamentary Decorum: Debates on MP Suspensions and Speaker's Role

16 March 2026

यह खबर अनुच्छेद 118 के तहत बनाए गए संसदीय नियमों के व्यावहारिक क्रियान्वयन और उनके सामने आने वाली चुनौतियों को स्पष्ट रूप से उजागर करती है। यह दिखाती है कि कैसे ये नियम सदन में व्यवस्था बनाए रखने के लिए आवश्यक हैं, लेकिन साथ ही, कैसे उनका अनुप्रयोग सत्ता पक्ष और विपक्ष के बीच विवाद का कारण बन सकता है। अध्यक्ष द्वारा माइक्रोफोन नियंत्रण और नियमों के समान अनुप्रयोग पर दी गई स्पष्टीकरण, इन नियमों के परिचालन पहलुओं में महत्वपूर्ण अंतर्दृष्टि प्रदान करता है। 8 सांसदों का निलंबन इन नियमों से प्राप्त अनुशासनात्मक शक्तियों को दर्शाता है और व्यवस्था बनाए रखने तथा लोकतांत्रिक भागीदारी के बीच संतुलन के बारे में महत्वपूर्ण प्रश्न उठाता है। इस अवधारणा को समझना इसलिए महत्वपूर्ण है क्योंकि यह हमें यह विश्लेषण करने में मदद करता है कि क्या अध्यक्ष की कार्रवाई संवैधानिक सीमाओं के भीतर है और क्या निलंबन स्थापित नियमों के तहत उचित हैं। यह खबर हमें सिखाती है कि संसदीय नियम केवल कानूनी प्रावधान नहीं हैं, बल्कि वे राजनीतिक इच्छाशक्ति और संस्थागत मर्यादा के बीच एक सतत संवाद का परिणाम हैं, जिनका पालन सभी सदस्यों के लिए अनिवार्य है।

Article 118 of Indian Constitution

Each House makes its own rules (प्रत्येक सदन अपने नियम बनाता है)

Orderly Functioning (व्यवस्थित कामकाज)

Self-Governance (स्व-शासन)

Debates & Voting (बहस और मतदान)

Decorum & Discipline (अनुशासन और मर्यादा)

Final Authority (अंतिम अधिकार)

Mic System Clarification (माइक प्रणाली स्पष्टीकरण)

Connections
Core Provision (मुख्य नियम)→Purpose & Significance (उद्देश्य और महत्व)
Purpose & Significance (उद्देश्य और महत्व)→Scope of Rules (नियमों का दायरा)
Scope of Rules (नियमों का दायरा)→Presiding Officer's Role (पीठासीन अधिकारी की भूमिका)
Presiding Officer's Role (पीठासीन अधिकारी की भूमिका)→Purpose & Significance (उद्देश्य और महत्व)
Article 118 of Indian Constitution

Each House makes its own rules (प्रत्येक सदन अपने नियम बनाता है)

Orderly Functioning (व्यवस्थित कामकाज)

Self-Governance (स्व-शासन)

Debates & Voting (बहस और मतदान)

Decorum & Discipline (अनुशासन और मर्यादा)

Final Authority (अंतिम अधिकार)

Mic System Clarification (माइक प्रणाली स्पष्टीकरण)

Connections
Core Provision (मुख्य नियम)→Purpose & Significance (उद्देश्य और महत्व)
Purpose & Significance (उद्देश्य और महत्व)→Scope of Rules (नियमों का दायरा)
Scope of Rules (नियमों का दायरा)→Presiding Officer's Role (पीठासीन अधिकारी की भूमिका)
Presiding Officer's Role (पीठासीन अधिकारी की भूमिका)→Purpose & Significance (उद्देश्य और महत्व)
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Constitutional Provision

Article 118

What is Article 118?

Article 118 of the Indian Constitution grants each House of Parliament – the Lok Sabha and the Rajya Sabha – the power to make rules for regulating its own procedure and the conduct of its business. This provision is fundamental to the smooth and orderly functioning of India's parliamentary democracy. It ensures that both Houses can establish a framework for debates, legislative processes, and the overall conduct of their members, without external interference. Essentially, it allows Parliament to be self-governing in its internal affairs, ensuring efficiency, decorum, and effective legislative output. The rules made under this Article govern everything from how a bill is passed to how members speak and behave in the House.

Historical Background

The power for legislative bodies to frame their own rules is a cornerstone of parliamentary democracy, deeply rooted in the Westminster model that India adopted. Article 118 was incorporated into the Indian Constitution when it was enacted on January 26, 1950. The framers understood that for Parliament to function effectively as a sovereign law-making body, it needed the autonomy to govern its internal proceedings. This prevents the executive or judiciary from dictating how Parliament conducts its business, thereby upholding the separation of powers. Over the decades, both the Lok Sabha and Rajya Sabha have periodically reviewed and amended their respective 'Rules of Procedure and Conduct of Business' to adapt to changing parliamentary practices, technological advancements, and evolving political dynamics. These rules are not static; they are living documents that reflect the collective wisdom and experience of the Houses in managing their affairs.

Key Points

12 points
  • 1.

    Each House of Parliament, meaning the Lok Sabha and the Rajya Sabha, has the explicit power to make its own rules for regulating its procedure and the conduct of its business. This means the Lok Sabha has its own set of rules, and the Rajya Sabha has its own, tailored to their specific roles and composition.

  • 2.

    The rules made under Article 118 ensure the orderly conduct of parliamentary business. They cover everything from the presentation of bills, motions, and resolutions to the allocation of time for debates, voting procedures, and the maintenance of decorum within the House.

  • 3.

    While members enjoy freedom of speech in Parliament, this freedom is not absolute. It is subject to the provisions of the Constitution and the rules and standing orders regulating the procedure of Parliament, as clarified by the Speaker. This balance ensures that free expression does not descend into chaos.

  • 4.

    The rules apply equally to every member of the House, regardless of their position. The Speaker recently emphasized that no one, not even the Prime Minister or the Leader of the Opposition, has a special privilege to speak at any time on any subject without following the established procedures.

Visual Insights

Article 118: Power to Make Rules of Procedure

This mind map illustrates the core aspects and implications of Article 118, which grants Parliament the autonomy to regulate its own proceedings, a fundamental aspect of parliamentary democracy.

Article 118 of Indian Constitution

  • ●Core Provision (मुख्य नियम)
  • ●Purpose & Significance (उद्देश्य और महत्व)
  • ●Scope of Rules (नियमों का दायरा)
  • ●Presiding Officer's Role (पीठासीन अधिकारी की भूमिका)

Recent Real-World Examples

1 examples

Illustrated in 1 real-world examples from Mar 2026 to Mar 2026

Upholding Parliamentary Decorum: Debates on MP Suspensions and Speaker's Role

16 Mar 2026

यह खबर अनुच्छेद 118 के तहत बनाए गए संसदीय नियमों के व्यावहारिक क्रियान्वयन और उनके सामने आने वाली चुनौतियों को स्पष्ट रूप से उजागर करती है। यह दिखाती है कि कैसे ये नियम सदन में व्यवस्था बनाए रखने के लिए आवश्यक हैं, लेकिन साथ ही, कैसे उनका अनुप्रयोग सत्ता पक्ष और विपक्ष के बीच विवाद का कारण बन सकता है। अध्यक्ष द्वारा माइक्रोफोन नियंत्रण और नियमों के समान अनुप्रयोग पर दी गई स्पष्टीकरण, इन नियमों के परिचालन पहलुओं में महत्वपूर्ण अंतर्दृष्टि प्रदान करता है। 8 सांसदों का निलंबन इन नियमों से प्राप्त अनुशासनात्मक शक्तियों को दर्शाता है और व्यवस्था बनाए रखने तथा लोकतांत्रिक भागीदारी के बीच संतुलन के बारे में महत्वपूर्ण प्रश्न उठाता है। इस अवधारणा को समझना इसलिए महत्वपूर्ण है क्योंकि यह हमें यह विश्लेषण करने में मदद करता है कि क्या अध्यक्ष की कार्रवाई संवैधानिक सीमाओं के भीतर है और क्या निलंबन स्थापित नियमों के तहत उचित हैं। यह खबर हमें सिखाती है कि संसदीय नियम केवल कानूनी प्रावधान नहीं हैं, बल्कि वे राजनीतिक इच्छाशक्ति और संस्थागत मर्यादा के बीच एक सतत संवाद का परिणाम हैं, जिनका पालन सभी सदस्यों के लिए अनिवार्य है।

Related Concepts

Speaker of Lok SabhaChairman of Rajya SabhaRules of Procedure and Conduct of BusinessArticle 122

Source Topic

Upholding Parliamentary Decorum: Debates on MP Suspensions and Speaker's Role

Polity & Governance

UPSC Relevance

Article 118 is a crucial topic for the UPSC Civil Services Exam, primarily falling under GS-2 (Polity & Governance). In Prelims, direct questions can be asked about the constitutional provision itself, the powers of the Speaker/Chairman, or the process of making parliamentary rules. For Mains, this concept is vital for questions on parliamentary functioning, the role of presiding officers, challenges to parliamentary decorum, the balance between freedom of speech and maintaining order, and potential reforms in parliamentary procedures. Given the increasing frequency of parliamentary disruptions and debates around MP suspensions, questions related to Article 118 and its practical application are highly probable. Students should focus on understanding the 'why' behind the rules, the Speaker's role, and the implications of rule enforcement on democratic participation.
❓

Frequently Asked Questions

12
1. Many aspirants get confused about who exactly "makes" the rules under Article 118. Is it the Speaker/Chairman, the government, or the House itself? What's the correct understanding for an MCQ?

The most common trap is assuming the Speaker or the government unilaterally makes the rules. Article 118 explicitly states that "each House of Parliament... may make rules for regulating its procedure." This means the rules are made by the House itself, through a process involving all members, and not by an individual presiding officer or the ruling party alone. The Speaker/Chairman enforces these rules, but doesn't create them.

Exam Tip

Remember "House makes, Presiding Officer enforces." This distinction is crucial for statement-based MCQs.

2. Why is it so crucial for Parliament to have the power to make its own rules under Article 118? What fundamental problem does it solve that no other constitutional provision addresses?

Article 118 is fundamental because it ensures parliamentary autonomy and prevents external interference, particularly from the Executive or Judiciary, in the internal functioning of the legislative body. Without this power, Parliament's ability to debate, legislate, and hold the government accountable could be compromised by external pressures, leading to a breakdown of the separation of powers and democratic functioning. It ensures Parliament remains a sovereign law-making body.

On This Page

DefinitionHistorical BackgroundKey PointsVisual InsightsReal-World ExamplesRelated ConceptsUPSC RelevanceSource TopicFAQs

Source Topic

Upholding Parliamentary Decorum: Debates on MP Suspensions and Speaker's RolePolity & Governance

Related Concepts

Speaker of Lok SabhaChairman of Rajya SabhaRules of Procedure and Conduct of BusinessArticle 122
  1. Home
  2. /
  3. Concepts
  4. /
  5. Constitutional Provision
  6. /
  7. Article 118
Constitutional Provision

Article 118

What is Article 118?

Article 118 of the Indian Constitution grants each House of Parliament – the Lok Sabha and the Rajya Sabha – the power to make rules for regulating its own procedure and the conduct of its business. This provision is fundamental to the smooth and orderly functioning of India's parliamentary democracy. It ensures that both Houses can establish a framework for debates, legislative processes, and the overall conduct of their members, without external interference. Essentially, it allows Parliament to be self-governing in its internal affairs, ensuring efficiency, decorum, and effective legislative output. The rules made under this Article govern everything from how a bill is passed to how members speak and behave in the House.

Historical Background

The power for legislative bodies to frame their own rules is a cornerstone of parliamentary democracy, deeply rooted in the Westminster model that India adopted. Article 118 was incorporated into the Indian Constitution when it was enacted on January 26, 1950. The framers understood that for Parliament to function effectively as a sovereign law-making body, it needed the autonomy to govern its internal proceedings. This prevents the executive or judiciary from dictating how Parliament conducts its business, thereby upholding the separation of powers. Over the decades, both the Lok Sabha and Rajya Sabha have periodically reviewed and amended their respective 'Rules of Procedure and Conduct of Business' to adapt to changing parliamentary practices, technological advancements, and evolving political dynamics. These rules are not static; they are living documents that reflect the collective wisdom and experience of the Houses in managing their affairs.

Key Points

12 points
  • 1.

    Each House of Parliament, meaning the Lok Sabha and the Rajya Sabha, has the explicit power to make its own rules for regulating its procedure and the conduct of its business. This means the Lok Sabha has its own set of rules, and the Rajya Sabha has its own, tailored to their specific roles and composition.

  • 2.

    The rules made under Article 118 ensure the orderly conduct of parliamentary business. They cover everything from the presentation of bills, motions, and resolutions to the allocation of time for debates, voting procedures, and the maintenance of decorum within the House.

  • 3.

    While members enjoy freedom of speech in Parliament, this freedom is not absolute. It is subject to the provisions of the Constitution and the rules and standing orders regulating the procedure of Parliament, as clarified by the Speaker. This balance ensures that free expression does not descend into chaos.

  • 4.

    The rules apply equally to every member of the House, regardless of their position. The Speaker recently emphasized that no one, not even the Prime Minister or the Leader of the Opposition, has a special privilege to speak at any time on any subject without following the established procedures.

Visual Insights

Article 118: Power to Make Rules of Procedure

This mind map illustrates the core aspects and implications of Article 118, which grants Parliament the autonomy to regulate its own proceedings, a fundamental aspect of parliamentary democracy.

Article 118 of Indian Constitution

  • ●Core Provision (मुख्य नियम)
  • ●Purpose & Significance (उद्देश्य और महत्व)
  • ●Scope of Rules (नियमों का दायरा)
  • ●Presiding Officer's Role (पीठासीन अधिकारी की भूमिका)

Recent Real-World Examples

1 examples

Illustrated in 1 real-world examples from Mar 2026 to Mar 2026

Upholding Parliamentary Decorum: Debates on MP Suspensions and Speaker's Role

16 Mar 2026

यह खबर अनुच्छेद 118 के तहत बनाए गए संसदीय नियमों के व्यावहारिक क्रियान्वयन और उनके सामने आने वाली चुनौतियों को स्पष्ट रूप से उजागर करती है। यह दिखाती है कि कैसे ये नियम सदन में व्यवस्था बनाए रखने के लिए आवश्यक हैं, लेकिन साथ ही, कैसे उनका अनुप्रयोग सत्ता पक्ष और विपक्ष के बीच विवाद का कारण बन सकता है। अध्यक्ष द्वारा माइक्रोफोन नियंत्रण और नियमों के समान अनुप्रयोग पर दी गई स्पष्टीकरण, इन नियमों के परिचालन पहलुओं में महत्वपूर्ण अंतर्दृष्टि प्रदान करता है। 8 सांसदों का निलंबन इन नियमों से प्राप्त अनुशासनात्मक शक्तियों को दर्शाता है और व्यवस्था बनाए रखने तथा लोकतांत्रिक भागीदारी के बीच संतुलन के बारे में महत्वपूर्ण प्रश्न उठाता है। इस अवधारणा को समझना इसलिए महत्वपूर्ण है क्योंकि यह हमें यह विश्लेषण करने में मदद करता है कि क्या अध्यक्ष की कार्रवाई संवैधानिक सीमाओं के भीतर है और क्या निलंबन स्थापित नियमों के तहत उचित हैं। यह खबर हमें सिखाती है कि संसदीय नियम केवल कानूनी प्रावधान नहीं हैं, बल्कि वे राजनीतिक इच्छाशक्ति और संस्थागत मर्यादा के बीच एक सतत संवाद का परिणाम हैं, जिनका पालन सभी सदस्यों के लिए अनिवार्य है।

Related Concepts

Speaker of Lok SabhaChairman of Rajya SabhaRules of Procedure and Conduct of BusinessArticle 122

Source Topic

Upholding Parliamentary Decorum: Debates on MP Suspensions and Speaker's Role

Polity & Governance

UPSC Relevance

Article 118 is a crucial topic for the UPSC Civil Services Exam, primarily falling under GS-2 (Polity & Governance). In Prelims, direct questions can be asked about the constitutional provision itself, the powers of the Speaker/Chairman, or the process of making parliamentary rules. For Mains, this concept is vital for questions on parliamentary functioning, the role of presiding officers, challenges to parliamentary decorum, the balance between freedom of speech and maintaining order, and potential reforms in parliamentary procedures. Given the increasing frequency of parliamentary disruptions and debates around MP suspensions, questions related to Article 118 and its practical application are highly probable. Students should focus on understanding the 'why' behind the rules, the Speaker's role, and the implications of rule enforcement on democratic participation.
❓

Frequently Asked Questions

12
1. Many aspirants get confused about who exactly "makes" the rules under Article 118. Is it the Speaker/Chairman, the government, or the House itself? What's the correct understanding for an MCQ?

The most common trap is assuming the Speaker or the government unilaterally makes the rules. Article 118 explicitly states that "each House of Parliament... may make rules for regulating its procedure." This means the rules are made by the House itself, through a process involving all members, and not by an individual presiding officer or the ruling party alone. The Speaker/Chairman enforces these rules, but doesn't create them.

Exam Tip

Remember "House makes, Presiding Officer enforces." This distinction is crucial for statement-based MCQs.

2. Why is it so crucial for Parliament to have the power to make its own rules under Article 118? What fundamental problem does it solve that no other constitutional provision addresses?

Article 118 is fundamental because it ensures parliamentary autonomy and prevents external interference, particularly from the Executive or Judiciary, in the internal functioning of the legislative body. Without this power, Parliament's ability to debate, legislate, and hold the government accountable could be compromised by external pressures, leading to a breakdown of the separation of powers and democratic functioning. It ensures Parliament remains a sovereign law-making body.

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Upholding Parliamentary Decorum: Debates on MP Suspensions and Speaker's RolePolity & Governance

Related Concepts

Speaker of Lok SabhaChairman of Rajya SabhaRules of Procedure and Conduct of BusinessArticle 122
  • 5.

    The presiding officer – the Speaker in the Lok Sabha and the Chairman in the Rajya Sabha – is the ultimate authority for enforcing these rules within their respective Houses. Their decisions on procedural matters are generally considered final and binding.

  • 6.

    The rules also cover disciplinary actions against members who violate parliamentary decorum. This includes actions like suspension from the House for disruptive behavior, which is a necessary tool to maintain order and allow legislative work to proceed.

  • 7.

    The Speaker recently clarified that the Chair does not manually switch microphones on or off. Instead, the system in the House activates the microphone only of the member who has been granted permission to speak, addressing a common allegation made by opposition members.

  • 8.

    The rules are made by the House itself, through a process involving all members, and not by the government or the opposition unilaterally. This gives the rules legitimacy and ensures they reflect the collective will of the institution.

  • 9.

    In cases of a joint sitting of both Houses, the President, after consulting the Chairman of the Rajya Sabha and the Speaker of the Lok Sabha, makes rules for regulating the procedure of such sittings. This is crucial for resolving legislative deadlocks between the two Houses.

  • 10.

    The Speaker often extends the time allotted for debates and Zero Hour to ensure more members, including first-time MPs and women MPs, get opportunities to express their views, demonstrating a flexible application of rules to facilitate broader participation.

  • 11.

    Disruptive behavior such as sloganeering, displaying placards, tearing papers, and approaching the Well of the House is considered a violation of these rules. Such actions not only disrupt proceedings but also diminish the prestige of the institution, as highlighted by global parliamentary conferences in 1997 and 2001.

  • 12.

    If parliamentary time is lost due to disruptions, the Speaker can propose increasing the hours of functioning for the remainder of the scheduled sittings to compensate for the lost time, ensuring that essential legislative business is completed.

  • 3. What is the key distinction between Article 118 (Parliament's rule-making power) and Article 122 (Courts not to inquire into proceedings of Parliament)? How are they related but distinct for UPSC Prelims?

    Article 118 grants Parliament the power to make its own rules for procedure and conduct of business. Article 122, on the other hand, provides immunity to parliamentary proceedings from judicial scrutiny on grounds of procedural irregularity. While Article 118 empowers Parliament to create the rules, Article 122 protects the application of those rules (and other proceedings) from being challenged in courts, reinforcing parliamentary sovereignty in its internal affairs. The distinction is that 118 is about *making* rules, 122 is about *protecting* proceedings from judicial review.

    Exam Tip

    Think of 118 as the "power to create the game rules" and 122 as "courts can't question how the game was played according to those rules."

    4. The concept data mentions "freedom of speech is not absolute" and is "subject to rules." How does Article 118 practically balance freedom of expression for MPs with the need for parliamentary decorum and efficient business?

    Article 118 ensures that while MPs have freedom of speech, it is regulated to prevent chaos and ensure productive legislative work. In practice, this means members must adhere to established rules regarding speaking time, relevance to the topic, use of unparliamentary language, and overall conduct. The presiding officer enforces these rules, and violations can lead to disciplinary actions like suspension. This balance is crucial for maintaining the dignity and effectiveness of the House, preventing individual freedom from disrupting collective functioning.

    5. Recent developments mention allegations about microphones being switched off and the Speaker clarifying the system. How does Article 118 empower the Speaker in such situations, and what are the potential concerns regarding the exercise of this power in maintaining decorum versus stifling dissent?

    Article 118 empowers the Speaker (and Chairman) as the ultimate authority for enforcing the rules within their respective Houses. This includes procedural matters like granting permission to speak. The Speaker's clarification on microphones (system activating for permitted speakers) highlights this enforcement power. While essential for decorum, concerns arise when opposition members perceive these powers as being used to stifle dissent or limit their ability to raise issues, leading to allegations of bias. A balanced approach requires the Speaker to be perceived as impartial, upholding rules fairly for all members.

    6. The suspension of MPs is a recurring issue. How is the power to suspend members derived from Article 118, and what specific aspect of the rules is usually invoked in such cases? Is it a power of the Speaker or the House?

    The power to suspend members is derived from the rules made by each House under Article 118, which cover disciplinary actions for violating parliamentary decorum. Typically, rules related to "gross disorderly conduct" or "wilful obstruction of business" are invoked. While the Speaker can 'name' a member for such conduct, the actual motion for suspension is usually moved by a minister and voted upon by the House. So, while the Speaker initiates the process, the ultimate decision to suspend rests with the House itself through a resolution, making it a power of the House, not solely the Speaker.

    Exam Tip

    Remember: Speaker 'names', House 'suspends' (by resolution). This is a common point of confusion.

    7. Article 118 states rules apply equally to every member, yet recent news highlights opposition allegations of selective application. What is the gap between the theoretical ideal of "rules for all" and the practical challenges of enforcing them impartially?

    In theory, Article 118 ensures that the rules of procedure apply universally, meaning no MP, including the Prime Minister or Leader of Opposition, has special privileges to bypass them. In practice, the challenge lies in the perception of impartiality of the presiding officer. When disciplinary actions, like suspensions, disproportionately affect opposition members, it leads to allegations of selective application. This gap often stems from the political nature of parliamentary proceedings and the difficulty of maintaining absolute neutrality in a highly charged environment, despite the constitutional mandate for equal application.

    8. Given the recent controversies and criticisms, what reforms or strengthening measures could be considered for the rules framed under Article 118 to ensure greater fairness, transparency, and effectiveness in parliamentary functioning?

    Several reforms could be considered. Firstly, establishing clearer, less ambiguous rules for disciplinary actions, possibly with an independent review mechanism, could reduce perceptions of bias. Secondly, encouraging greater consensus-building among parties during the rule-making process could enhance legitimacy. Thirdly, exploring alternative dispute resolution mechanisms for procedural disagreements, rather than immediate suspensions, could foster a more collaborative environment. Finally, investing in training for MPs on parliamentary procedures and decorum could proactively reduce disruptions. The goal is to balance the need for order with the imperative of robust debate and dissent.

    9. If Article 118 didn't exist, how would the absence of Parliament's power to make its own rules impact the legislative process and, consequently, ordinary citizens?

    Without Article 118, Parliament would lack the autonomy to regulate its own business. This could lead to external bodies (like the Executive or Judiciary) dictating its procedures, potentially compromising its independence. For ordinary citizens, this would mean a less efficient and less accountable Parliament. Legislative processes could become chaotic, delayed, or even manipulated, affecting the timely passage of laws crucial for public welfare. The quality of debate might decline, and the ability of MPs to raise citizens' concerns effectively could be severely hampered, ultimately weakening democratic governance.

    10. Article 118 mentions "regulating its procedure and the conduct of its business." What specific aspects does "conduct of its business" encompass that aspirants should be aware of for a detailed Mains answer?

    "Conduct of its business" is a broad term covering almost every aspect of parliamentary functioning beyond just formal procedure. For Mains, it's important to know it includes:

    • •Allocation of time for debates on bills, motions, and resolutions.
    • •Voting procedures and methods.
    • •Maintenance of decorum and order within the House.
    • •Disciplinary actions against members for disruptive behavior.
    • •The functioning of parliamentary committees.
    • •The overall framework for effective legislative and deliberative work.

    Exam Tip

    Don't just list; explain *why* each aspect is crucial for "conduct of business" in a Mains answer.

    11. The concept data mentions Article 118 is rooted in the Westminster model. How does this historical context explain the emphasis on parliamentary autonomy in rule-making, and what are its implications for India's parliamentary system?

    The Westminster model, from which India drew inspiration, places a strong emphasis on parliamentary sovereignty and the separation of powers. Granting Parliament the power to make its own rules (Article 118) is a direct inheritance of this tradition, ensuring that the legislature can function independently of the executive. Its implication for India is that Parliament is not merely a rubber stamp but a self-governing institution capable of holding the executive accountable through its own established procedures. This autonomy is vital for maintaining the checks and balances inherent in a parliamentary democracy.

    12. How challenging is it for the presiding officer to balance the need for parliamentary decorum and efficient business (as enabled by Article 118) with the opposition's right to dissent and protest, especially in a vibrant democracy like India?

    Balancing decorum and dissent is arguably one of the most challenging aspects of a presiding officer's role in India. On one hand, Article 118 provides the framework for maintaining order and ensuring legislative work progresses. On the other, vibrant dissent is a hallmark of democracy, and the opposition often uses various forms of protest to highlight issues. The challenge lies in drawing the line: when does legitimate protest cross into disruptive behavior that impedes the House's functioning? A presiding officer must exercise discretion, often under intense political pressure, to uphold the rules while also allowing space for opposition voices to be heard, even if it means tolerating some level of disruption. This requires immense impartiality and statesmanship.

  • 5.

    The presiding officer – the Speaker in the Lok Sabha and the Chairman in the Rajya Sabha – is the ultimate authority for enforcing these rules within their respective Houses. Their decisions on procedural matters are generally considered final and binding.

  • 6.

    The rules also cover disciplinary actions against members who violate parliamentary decorum. This includes actions like suspension from the House for disruptive behavior, which is a necessary tool to maintain order and allow legislative work to proceed.

  • 7.

    The Speaker recently clarified that the Chair does not manually switch microphones on or off. Instead, the system in the House activates the microphone only of the member who has been granted permission to speak, addressing a common allegation made by opposition members.

  • 8.

    The rules are made by the House itself, through a process involving all members, and not by the government or the opposition unilaterally. This gives the rules legitimacy and ensures they reflect the collective will of the institution.

  • 9.

    In cases of a joint sitting of both Houses, the President, after consulting the Chairman of the Rajya Sabha and the Speaker of the Lok Sabha, makes rules for regulating the procedure of such sittings. This is crucial for resolving legislative deadlocks between the two Houses.

  • 10.

    The Speaker often extends the time allotted for debates and Zero Hour to ensure more members, including first-time MPs and women MPs, get opportunities to express their views, demonstrating a flexible application of rules to facilitate broader participation.

  • 11.

    Disruptive behavior such as sloganeering, displaying placards, tearing papers, and approaching the Well of the House is considered a violation of these rules. Such actions not only disrupt proceedings but also diminish the prestige of the institution, as highlighted by global parliamentary conferences in 1997 and 2001.

  • 12.

    If parliamentary time is lost due to disruptions, the Speaker can propose increasing the hours of functioning for the remainder of the scheduled sittings to compensate for the lost time, ensuring that essential legislative business is completed.

  • 3. What is the key distinction between Article 118 (Parliament's rule-making power) and Article 122 (Courts not to inquire into proceedings of Parliament)? How are they related but distinct for UPSC Prelims?

    Article 118 grants Parliament the power to make its own rules for procedure and conduct of business. Article 122, on the other hand, provides immunity to parliamentary proceedings from judicial scrutiny on grounds of procedural irregularity. While Article 118 empowers Parliament to create the rules, Article 122 protects the application of those rules (and other proceedings) from being challenged in courts, reinforcing parliamentary sovereignty in its internal affairs. The distinction is that 118 is about *making* rules, 122 is about *protecting* proceedings from judicial review.

    Exam Tip

    Think of 118 as the "power to create the game rules" and 122 as "courts can't question how the game was played according to those rules."

    4. The concept data mentions "freedom of speech is not absolute" and is "subject to rules." How does Article 118 practically balance freedom of expression for MPs with the need for parliamentary decorum and efficient business?

    Article 118 ensures that while MPs have freedom of speech, it is regulated to prevent chaos and ensure productive legislative work. In practice, this means members must adhere to established rules regarding speaking time, relevance to the topic, use of unparliamentary language, and overall conduct. The presiding officer enforces these rules, and violations can lead to disciplinary actions like suspension. This balance is crucial for maintaining the dignity and effectiveness of the House, preventing individual freedom from disrupting collective functioning.

    5. Recent developments mention allegations about microphones being switched off and the Speaker clarifying the system. How does Article 118 empower the Speaker in such situations, and what are the potential concerns regarding the exercise of this power in maintaining decorum versus stifling dissent?

    Article 118 empowers the Speaker (and Chairman) as the ultimate authority for enforcing the rules within their respective Houses. This includes procedural matters like granting permission to speak. The Speaker's clarification on microphones (system activating for permitted speakers) highlights this enforcement power. While essential for decorum, concerns arise when opposition members perceive these powers as being used to stifle dissent or limit their ability to raise issues, leading to allegations of bias. A balanced approach requires the Speaker to be perceived as impartial, upholding rules fairly for all members.

    6. The suspension of MPs is a recurring issue. How is the power to suspend members derived from Article 118, and what specific aspect of the rules is usually invoked in such cases? Is it a power of the Speaker or the House?

    The power to suspend members is derived from the rules made by each House under Article 118, which cover disciplinary actions for violating parliamentary decorum. Typically, rules related to "gross disorderly conduct" or "wilful obstruction of business" are invoked. While the Speaker can 'name' a member for such conduct, the actual motion for suspension is usually moved by a minister and voted upon by the House. So, while the Speaker initiates the process, the ultimate decision to suspend rests with the House itself through a resolution, making it a power of the House, not solely the Speaker.

    Exam Tip

    Remember: Speaker 'names', House 'suspends' (by resolution). This is a common point of confusion.

    7. Article 118 states rules apply equally to every member, yet recent news highlights opposition allegations of selective application. What is the gap between the theoretical ideal of "rules for all" and the practical challenges of enforcing them impartially?

    In theory, Article 118 ensures that the rules of procedure apply universally, meaning no MP, including the Prime Minister or Leader of Opposition, has special privileges to bypass them. In practice, the challenge lies in the perception of impartiality of the presiding officer. When disciplinary actions, like suspensions, disproportionately affect opposition members, it leads to allegations of selective application. This gap often stems from the political nature of parliamentary proceedings and the difficulty of maintaining absolute neutrality in a highly charged environment, despite the constitutional mandate for equal application.

    8. Given the recent controversies and criticisms, what reforms or strengthening measures could be considered for the rules framed under Article 118 to ensure greater fairness, transparency, and effectiveness in parliamentary functioning?

    Several reforms could be considered. Firstly, establishing clearer, less ambiguous rules for disciplinary actions, possibly with an independent review mechanism, could reduce perceptions of bias. Secondly, encouraging greater consensus-building among parties during the rule-making process could enhance legitimacy. Thirdly, exploring alternative dispute resolution mechanisms for procedural disagreements, rather than immediate suspensions, could foster a more collaborative environment. Finally, investing in training for MPs on parliamentary procedures and decorum could proactively reduce disruptions. The goal is to balance the need for order with the imperative of robust debate and dissent.

    9. If Article 118 didn't exist, how would the absence of Parliament's power to make its own rules impact the legislative process and, consequently, ordinary citizens?

    Without Article 118, Parliament would lack the autonomy to regulate its own business. This could lead to external bodies (like the Executive or Judiciary) dictating its procedures, potentially compromising its independence. For ordinary citizens, this would mean a less efficient and less accountable Parliament. Legislative processes could become chaotic, delayed, or even manipulated, affecting the timely passage of laws crucial for public welfare. The quality of debate might decline, and the ability of MPs to raise citizens' concerns effectively could be severely hampered, ultimately weakening democratic governance.

    10. Article 118 mentions "regulating its procedure and the conduct of its business." What specific aspects does "conduct of its business" encompass that aspirants should be aware of for a detailed Mains answer?

    "Conduct of its business" is a broad term covering almost every aspect of parliamentary functioning beyond just formal procedure. For Mains, it's important to know it includes:

    • •Allocation of time for debates on bills, motions, and resolutions.
    • •Voting procedures and methods.
    • •Maintenance of decorum and order within the House.
    • •Disciplinary actions against members for disruptive behavior.
    • •The functioning of parliamentary committees.
    • •The overall framework for effective legislative and deliberative work.

    Exam Tip

    Don't just list; explain *why* each aspect is crucial for "conduct of business" in a Mains answer.

    11. The concept data mentions Article 118 is rooted in the Westminster model. How does this historical context explain the emphasis on parliamentary autonomy in rule-making, and what are its implications for India's parliamentary system?

    The Westminster model, from which India drew inspiration, places a strong emphasis on parliamentary sovereignty and the separation of powers. Granting Parliament the power to make its own rules (Article 118) is a direct inheritance of this tradition, ensuring that the legislature can function independently of the executive. Its implication for India is that Parliament is not merely a rubber stamp but a self-governing institution capable of holding the executive accountable through its own established procedures. This autonomy is vital for maintaining the checks and balances inherent in a parliamentary democracy.

    12. How challenging is it for the presiding officer to balance the need for parliamentary decorum and efficient business (as enabled by Article 118) with the opposition's right to dissent and protest, especially in a vibrant democracy like India?

    Balancing decorum and dissent is arguably one of the most challenging aspects of a presiding officer's role in India. On one hand, Article 118 provides the framework for maintaining order and ensuring legislative work progresses. On the other, vibrant dissent is a hallmark of democracy, and the opposition often uses various forms of protest to highlight issues. The challenge lies in drawing the line: when does legitimate protest cross into disruptive behavior that impedes the House's functioning? A presiding officer must exercise discretion, often under intense political pressure, to uphold the rules while also allowing space for opposition voices to be heard, even if it means tolerating some level of disruption. This requires immense impartiality and statesmanship.