KES’ Shri. Jayantilal H.

Patel Law College, Mumbai

Internal Assessment

Constitutional law 2
A project submitted in partial fulfilment of the requirements
for the Eighth Semester of the B.A,LL.B Course

By

Rudavi Ganvir

ROLL NO – 36

Fourth Year B.A. LL.B

Division A

Under the Supervision of

Asst. Prof. Anushree Bhatt

16th March 2026

INDEX
[Link] TOPIC PAGE NO

1. Introduction 1

2. Qualifications of MPs and 1-2

MLAs

3. Disqualification of MPs and 2-3

MLAs

4. Privileges of MPs and MLAs 3-4

5. Case laws and Conclusion 4-5

6. Introduction : Types of Bills 6

7. Classification- Public and 6

Private member bill

8. Ordinary bill 7

9. Money Bill 8-9

10. Financial Bill and 9 -10

Constitutional Amendment
bill

11. Case law and conclusion 11

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1. Qualifications, Disqualification and Privileges of Member of

Parliament and Member of Legislative Assembly .

 Introduction

India follows a parliamentary system of democracy in which the legislature plays a crucial role
in law-making, representation, and accountability of the government. At the Union level, the
Parliament consists of the President, the Lok Sabha and the Rajya Sabha .. At the state level,
the legislature generally consists of the Legislative Assembly and in some states a Legislative
Council. Members elected to these bodies must satisfy certain qualifications, are subject to
disqualification under specific circumstances, and enjoy certain privileges to ensure the
effective functioning of the legislative system. These provisions are laid down in the
Constitution of India and other laws enacted by Parliament .

Qualifications and disqualifications for MPs and MLAs are governed by Articles 84 and 102
for Parliament and Articles 173 and 191 for State Legislatures under the Constitution of India.
While the specific article numbers differ, the criteria such as citizenship, minimum age
requirement, holding an office of profit, and disqualification due to criminal convictions are
largely identical. These provisions are further elaborated in the Representation of the People
Act, 1951, which lays down additional qualifications and grounds of disqualification to ensure
the integrity and proper functioning of the legislative bodies.

 Qualifications of Member of Parliament and Member of Legislature

Assembly :
1. The He/she must be a citizen of India.
2. He/she must make and subscribe to an oath or affirmation before the person authorised
by the Election Commission for this purpose. In his/her oath or affirmation, he/she
swears:

(a) to bear true faith and allegiance to the Constitution of India

(b) to uphold the sovereignty and integrity of India

3. He/she must be not less than 30 years of age in the case of the Rajya Sabha and not less
than 25 years of age in the case of the Lok Sabha.
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4. He/she must possess other qualifications prescribed by Parliament.

Additional Qualifications under the Representation of the People Act (1951) :

1. He/she must be registered as an elector for a parliamentary constituency. This is the

same in the case of both the Rajya Sabha and the Lok Sabha. The requirement that a
candidate contesting an election to the Rajya Sabha from a particular state should be an
elector in that particular state was dispensed with in 2003. In 2006, the Supreme Court
upheld the constitutional validity of this change.
2. He/she must be a member of a scheduled caste or scheduled tribe in any state or union
territory if he/she wants to contest a seat reserved for them. However, a member of
scheduled castes or scheduled tribes can also contest a seat not reserved for them.

Under the Constitution, a person shall be disqualified for being elected as a member of
Parliament:

1. If he/she holds any office of profit under the Union or state government (except that of
a minister or any other office exempted by Parliament).
2. If he/she is of unsound mind and stands so declared by a court.
3. If he/she is an undischarged insolvent.
4. If he/she is not a citizen of India or has voluntarily acquired the citizenship of a foreign
state or is under any acknowledgement of allegiance to a foreign state.
5. If he/she is so disqualified under any law made by Parliament.

 Disqualifications of Members of Parliament and Member of

Legislative Assembly :
Under the Constitution, a person shall be disqualified for being elected as a member of
Parliament:

6. If he/she holds any office of profit under the Union or state government (except that of
a minister or any other office exempted by Parliament).
7. If he/she is of unsound mind and stands so declared by a court.
8. If he/she is an undischarged insolvent.
9. If he/she is not a citizen of India or has voluntarily acquired the citizenship of a foreign
state or is under any acknowledgement of allegiance to a foreign state.
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10. If he/she is so disqualified under any law made by Parliament.

Additional Disqualifications under the Representation of the People Act (1951) :

1. He/she must not have been found guilty of certain electoral offences or corrupt practices
in the elections.
2. He/she must not have been convicted for any offence resulting in imprisonment for two
or more years. But the detention of a person under a preventive detention law is not a
disqualification.
3. He/she must not have failed to lodge an account of his/her election expenses within the
prescribed time.
4. He/she must not have any interest in government contracts, works or services.
5. He/she must not be a director or managing agent nor hold an office of profit in a
corporation in which the government has at least 25 per cent share.
6. He/she must not have been dismissed from government service for corruption or
disloyalty to the state.
7. He/she must not have been convicted for promoting enmity between different groups or
for the offence of bribery.
8. He/she must not have been punished for preaching and practising social crimes such as
untouchability, dowry and sati.

 Privileges of Member of Parliament and Member of Legislative

Assembly :
1. Members of Parliament enjoy freedom of speech in Parliament. They can express their
opinions freely in the House without fear of legal consequences.
2. No member is liable to any proceedings in any court for anything said or any vote given
by him or her in Parliament or in any of its committees.
3. No person is liable in respect of the publication of any report, paper, votes, or
proceedings by or under the authority of either House of Parliament.
4. Members of Parliament enjoy freedom from arrest in civil cases during the session of
Parliament and for a period of forty days before and after the session.
5. Members have the right to regulate their internal proceedings and maintain discipline
within the House.
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6. Parliament has the authority to punish members or outsiders for breach of privilege or
contempt of the House.
7. The members have the right to receive information regarding parliamentary proceedings
and participate in debates and discussions.
8. Parliamentary committees have the power to call for witnesses and documents in order
to carry out legislative functions effectively.

The Kihoto Hollohan v. Zachillhu (1992) is an important decision of the Supreme Court
of India that examined the constitutional validity of the Anti-Defection provisions
contained in the Tenth Schedule of the Constitution of India. The case questioned whether
giving the Speaker or Chairman of a legislature the authority to decide cases of defection
and disqualification was appropriate, since the presiding officer is usually connected with
a political party and may therefore appear biased. The Supreme Court upheld the
constitutionality of the Tenth Schedule and confirmed that the Speaker or Chairman has the
power to determine questions of disqualification arising from defection. At the same time,
the Court clarified that such decisions are not completely final and can be examined through
judicial review by the courts once the presiding officer has delivered a final ruling. This
judgment is considered significant because it validated the Anti-Defection framework while
also ensuring that the exercise of this power remains subject to judicial scrutiny, thereby
reducing the possibility of arbitrary or unfair decisions.

The Lily Thomas v. Union of India (2013) dealt with the disqualification of legislators after
criminal conviction. The Supreme Court struck down Section 8(4) of the Representation of
the People Act, 1951, which allowed convicted MPs and MLAs to continue in office for
three months while filing an appeal. The Court held that any legislator convicted of an
offence with a sentence of two years or more would be immediately disqualified from
membership of the legislature, thereby strengthening the integrity of the electoral system.

The Lok Prahari v. Union of India (2018) is an important judgment of the Supreme Court
of India related to the disqualification of legislators for holding an office of profit. In this
case, the Court examined whether Members of Parliament and Members of Legislative
Assemblies could receive pension while also holding a government office. The Supreme
Court held that pension received by legislators is not considered an office of profit because
it is a form of social security for past services and does not create a position of authority
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under the government. The judgment clarified the interpretation of the “office of profit”
principle and ensured that pension benefits to former legislators would not lead to
disqualification from legislative membership.

 Conclusion :
In conclusion, the provisions relating to the qualifications, disqualifications, and privileges of
Members of Parliament and Members of Legislative Assemblies play an important role in
maintaining the integrity and independence of legislative institutions in India. The Constitution
lays down clear eligibility criteria to ensure that only qualified individuals enter the legislature,
while disqualification provisions prevent misuse of power and uphold ethical standards in
public life. At the same time, parliamentary privileges protect legislators from external
interference and allow them to perform their duties freely and effectively. Together, these
constitutional safeguards strengthen democratic governance and ensure the proper functioning
of legislative bodies in the country.

2. Explain types of Bills in Indian Parliament.

 Introduction :
In a parliamentary democracy, the process of law-making is carried out through legislation
introduced in the form of bills. A bill is a draft proposal for a new law or for the amendment of
an existing law presented before the Parliament of India for its consideration and approval.
After a bill is passed by both Houses of Parliament, namely the Lok Sabha and the Rajya Sabha,
and receives the assent of the President of India, it becomes an Act and acquires the force of
law. The Constitution of India provides different procedures for different categories of bills to
ensure proper legislative scrutiny and financial accountability. On the basis of their nature and
the procedure required for their passage, bills are classified into several types such as public
bills, private member bills, ordinary bills, constitutional amendment bills, and financial bills.
Classification of the Bills :

Parliamentary Bills can be categorized differently on the basis of different parameters

including:
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• The person who introduced the bills,

• The nature of content,
• The passage procedure.

Classification of Bills in the Indian Parliament based on the above parameters is discussed in
detail as follows.

On the Basis of the Person Who Introduces the Bill :

1. Government Bill / Public bill – A government bill is introduced by a minister on behalf

of the government in either the Lok Sabha or the Rajya Sabha. These bills represent the
policies and legislative agenda of the government. Most laws passed by Parliament are
government bills because they receive priority in parliamentary business and are supported
by the ruling majority. Government bills follow the normal legislative procedure provided
under Articles 107 and 111 of the Constitution.
2. Private Member’s Bill – A private member’s bill is introduced by any member of
Parliament who is not a minister. The main objective of such bills is to highlight issues of
public importance and suggest changes in existing laws. Private members usually introduce
these bills on Fridays in Parliament. Although only a few private member’s bills have been
passed in Indian parliamentary history, they play an important role in promoting debate and
discussion on important public issues.

On the Basis of the Nature or Content of the Bill

1. Ordinary Bill – An ordinary bill is any bill that does not deal with financial matters or
constitutional amendments. It deals with general matters such as administration,
governance, and social or economic policies. An ordinary bill can be introduced in
either House of Parliament under Article 107 of the Constitution. It may be introduced
either by a minister or by a private member. After being passed by one House, the bill
is sent to the other House for approval. If there is a disagreement between the two
Houses, a joint sitting of Parliament may be called under Article 108 of the Constitution
to resolve the deadlock.
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Features of Ordinary Bills

• As per articles 107 and 108 of the Indian constitution, the ordinary bill is concerned
with other than financial property matters as per legislation.

• This bill can be submitted to any specific house of the parliament

• The upper house has the authority to neglect or can change this bill

• The upper house cannot deny this bill for more than six months if its was passed from
the lower house of the Indian parliament

• After the approval from either of the house or from both hoses then this bill dispatched
to the official signature of the President

• The President have the power to reject or can be sent to for the purpose of reviewing
this bill.

[Link] Bill – A money bill deals exclusively with matters relating to taxation, borrowing
of money by the government, expenditure from the Consolidated Fund of India, and other
financial matters. The definition of a money bill is provided under Article 110 of the
Constitution. A money bill can be introduced only in the Lok Sabha and only with the prior
recommendation of the President. The Rajya Sabha cannot amend a money bill but can only
make recommendations, which the Lok Sabha may accept or reject. If the Rajya Sabha does
not return the bill within fourteen days, it is deemed to have been passed by both Houses

Provisions for Money Bill in India

1. The imposition, abolition, remission, alteration or regulation of any tax.

2. The regulation of the borrowing of money by the Union Government.
3. The custody of the consolidated fund of India or the contingency fund of India,
the payment of money into or the withdrawal of money from any such fund.
4. The appropriation of money out of the Consolidated Fund of India.
5. Declaration of any expenditure charged on the Consolidated Fund of India or
increasing the amount of any such expenditure.
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6. The receipt of money of account of the Consolidated Fund of India or the public
account of India or the custody or issue of such money, or the audit of the
accounts of the Union or of a State.

7. Any matter incidental to any of the matters specified above.

Article 110 of the Indian Constitution also gives provisions following which a bill cannot be
deemed as a money bill. Those provisions are given below:

1. Imposition of fines or other pecuniary penalties.

2. Demand or payment of fees for licenses or fees for services rendered.
3. Imposition, abolition, remission, alteration or regulation of any tax by any local
authority or body for local purposes.

3. Financial Bill – Financial bills also deal with financial matters but are broader than money
bills. Financial bills are governed mainly by Articles 110 and 117 of the Constitution.
Financial bills are of two types. Financial Bill Category A contains provisions related to
matters mentioned in Article 110 along with other provisions. It can be introduced only in
the Lok Sabha with the recommendation of the President. Financial Bill Category B
includes provisions involving expenditure from the Consolidated Fund of India but does
not contain matters mentioned in Article 110. It can be introduced in either House of
Parliament, but the recommendation of the President is required before its consideration.

Facts about Financial Bills (I):

• It is defined as a bill that contains matters not only related to Article 110 (Money
Bill) but also other matters of finances.

• Its similarity with money bill:

• It is introduced only in Lok Sabha similar to Money Bill. It is introduced only

on the recommendation of President

• Its difference with money bill:

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• It can be either rejected or amended by the Rajya Sabha which is not the case
with money bill

• There is a provision of joint sitting summoned by President in case of deadlock

• President can give his assent, withhold the bill or can even return the bill for
reconsideration

Facts about Financial Bills (II):

• It is defined as a bill that solely deals with provisions involving expenditure

from the Consolidated Fund of India and does not include any matter of money
bill
(Article 110.)

• It is treated as an ordinary bill in all respects unlike Financial Bill (I)

• Special Feature: It cannot be passed by either house of the Parliament unless the
President has recommended them for consideration of the bill

• It can be either rejected or amended by either House of Parliament

• There is a provision of joint sitting summoned by President in case of deadlock

• President can give his assent, withhold the bill or can even return the bill for
reconsideration

These bills are important to understand as they form an important stage to know how a bill is
passed in Indian Parliament.

4. Constitutional Amendment Bill – A constitutional amendment bill is introduced for the

purpose of amending the provisions of the Constitution. The procedure for passing such
bills is provided under Article 368 of the Constitution. These bills can be introduced in
either House of Parliament and may be introduced either by a minister or a private member.
A constitutional amendment bill must be passed by a special majority, which means a
majority of the total membership of the House and two-thirds of the members present and
voting. In certain cases, such as amendments affecting federal provisions, the bill must also
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be ratified by at least half of the state legislatures before being presented to the President
for assent.

In case of Rojer Mathew v. South Indian Bank Ltd. (2019): The Court struck down
amendments to the Finance Act, 2017(passed as a Money Bill) which altered tribunal
structures. It referred the question of what truly constitutes a "Money Bill" to a larger
sevenjudge bench to resolve contradictions with the Aadhaar judgment.

In case of K.S. Puttaswamy v. Union of India (2018) :

In this case, the Supreme Court examined whether the Aadhaar Act, 2016 was correctly passed
as a Money Bill under Article 110 of the Constitution of India. The Court upheld the validity
of the Act but the judgment raised debates on the scope and misuse of the Money Bill provision.

Conclusion

In conclusion, the classification of bills in the Parliament of India plays a vital role in ensuring
an organized and effective legislative process. Different types of bills—such as ordinary bills,
financial bills, constitutional amendment bills, government bills, and private member’s bills—
are designed to address different legislative needs and therefore follow distinct constitutional
procedures. These procedures help maintain transparency, accountability, and proper scrutiny
in the law-making process. The Constitution of India provides specific provisions for the
introduction, discussion, and passage of each category of bill so that matters related to finance,
constitutional amendments, and general legislation are handled with appropriate care and
responsibility. This classification also ensures a balance between the powers of the Lok Sabha
and the Rajya Sabha, thereby strengthening parliamentary [Link], the systematic
classification of bills not only facilitates efficient functioning of Parliament but also safeguards
democratic values, constitutional principles, and responsible governance in India.
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 References

1. M. Laxmikanth. (2023). Indian Polity for Civil Services Examination (6th ed.). New
Delhi: McGraw Hill Education.
2. Ministry of Law and Justice (India). (n.d.). The Constitution of India. Retrieved
from [Link]

3. PRS Legislative Research. (n.d.). Legislative process and types of bills in

Parliament. Retrieved from [Link]
4. Election Commission of India. (n.d.). Qualifications and disqualifications of MPs
and MLAs. Retrieved from [Link]
5. Parliament of India. (n.d.). Legislative procedure and types of bills. Retrieved from
[Link]