Rules of procedure

Article 98, Draft Constitution 1948

(1) Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.

(2) Until rules are made under clause (1) of this article, the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.

(3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.

(4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause (3) of this article, shall preside.

Article 118, Constitution of India 1950

(1) Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.

(2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.

⁠(3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.

⁠(4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside.

Draft Article 98 (Article 118) was debated on 10 June 1949. It enabled each house of the Parliament to make its own rules of procedure.

A member proposed that clause (4) of the Draft Article should allow for the Chairman of the Council of States to lead the joint sitting of the Parliament in case of the Speaker’s absence. He argued that as the rules of procedure were framed by the President in consultation with the Chairman of the Council of States, the latter would find it difficult and embarrassing to propose his/her own name. Therefore, even though the Chairman was the most appropriate person to preside in the absence of the Speaker, he/she would be unlikely to do so without an explicit provision. Several other members responded that as the Chairman was also the Vice-President of India, the amendment was highly improper as it seemingly put the Vice-President below the Speaker.

The amendment was subsequently withdrawn and the Assembly adopted the Draft Article on 10 June 1949.