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9. Any sum required to satisfy any judgement, decree or award
of any court or arbitral tribunal.
10. Any other expenditure declared by the Parliament to be so
charged.
Stages in Enactment
The budget goes through the following six stages in the
Parliament:
1. Presentation of budget.
2. General discussion.
3. Scrutiny by departmental committees.
4. Voting on demands for grants.
5. Passing of appropriation bill.
6. Passing of finance bill.
1. Presentation of Budget
Conventionally, the budget is presented to the Lok Sabha by the
finance minister on the last working day of February. Since 2017,
the presentation of the budget has been advanced to 1st of
February.
The Budget can also be presented to the House in two or more
parts and when such presentation takes place, each part shall be
dealt with as if it were the budget. Further, there shall be no
discussion of the budget on the day on which it is presented to the
House.
The finance minister presents the budget with a speech known
as the ‘budget speech’. At the end of the speech in the Lok
Sabha, the budget is laid before the Rajya Sabha, which can only
discuss it and has no power to vote on the demands for grants.
The budget documents presented to the Parliament comprise
of the following :
(i) Budget Speech
(ii) Annual Financial Statement
(iii) Demands for Grants
(iv) Appropriation Bill
(v) Finance Bill
(vi) Statements mandated under the FRBM Act:
(a) Macro-Economic Framework Statement
(b) Fiscal Policy Strategy Statement
(c) Medium Term Fiscal Policy Statement
(vii) Expenditure Budget
(viii) Receipts Budget
(ix) Expenditure Profile
(x) Memorandum Explaining the Provisions in the Finance Bill
(xi) Budget at a Glance
(xii) Outcome Budget
Earlier, the Economic Survey also used to be presented to the
Parliament along with the budget. Now, it is presented one day or
a few days before the presentation of the budget. This report is
prepared by the finance ministry and indicates the status of the
national economy.
2. General Discussion
The general discussion on budget begins a few days after its
presentation. It takes place in both the Houses of Parliament and
lasts usually for three to four days.
During this stage, the Lok Sabha can discuss the budget as a
whole or on any question of principle involved therein but no cut
motion can be moved nor can the budget be submitted to the vote
of the House. The finance minister has a general right of reply at
the end of the discussion.
3. Scrutiny by Departmental Committees
After the general discussion on the budget is over, the Houses are
adjourned for about three to four weeks. During this gap period,
the 24 departmental standing committees of Parliament examine
and discuss in detail the demands for grants of the concerned
ministers and prepare reports on them. These reports are
submitted to both the Houses of Parliament for consideration.
The standing committee system established in 1993 (and
expanded in 2004) makes parliamentary financial control over
ministries much more detailed, close, in-depth and
comprehensive.
4. Voting on Demands for Grants
In the light of the reports of the departmental standing
committees, the Lok Sabha takes up voting of demands for
grants. The demands are presented ministrywise. A demand
becomes a grant after it has been duly voted.
Two points should be noted in this context. One, the voting of
demands for grants is the exclusive privilege of the Lok Sabha,
that is, the Rajya Sabha has no power of voting the demands.
Second, the voting is confined to the votable part of the budget–
the expenditure charged on the Consolidated Fund of India is not
submitted to the vote (it can only be discussed).
Each demand is voted separately by the Lok Sabha. During this
stage, the members of Parliament can discuss the details of the
budget. They can also move motions to reduce any demand for
grant. Such motions are called as ‘cut motion’, which are of three
kinds:
(a) Policy Cut Motion
It represents the disapproval of the policy underlying the demand.
It states that the amount of the demand be reduced to Re 1. The
members can also advocate an alternative policy.
(b) Economy Cut Motion
It represents the economy that can be affected in the proposed
expenditure. It states that the amount of the demand be reduced
by a specified amount (which may be either a lumpsum reduction
in the demand or ommission or reduction of an item in the
demand).
(c) Token Cut Motion
It ventilates a specific grievance that is within the sphere of
responsibility of the Government of India. It states that the amount
of the demand be reduced by ₹100.
A cut motion, to be admissible, must satisfy the following
conditions:
(i) It should relate to one demand only.
(ii) It should be clearly expressed and should not contain
arguments or defamatory statements.
(iii) It should be confined to one specific matter.
(iv) It should not make suggestions for the amendment or repeal
of existing laws.
(v) It should not refer to a matter that is not primarily the
concern of Union government.
(vi) It should not relate to the expenditure charged on the
Consolidated Fund of India.
(vii) It should not relate to a matter that is under adjudication by a
court.
(viii) It should not raise a question of privilege.
(ix) It should not revive discussion on a matter on which a
decision has been taken in the same session.
(x) It should not relate to a trivial matter.
(xi) It should not reflect on the character or conduct of any
person whose conduct can only be challenged on a
substantive motion.
(xii) It should not anticipate a matter which has been previously
appointed for consideration in the same session.
(xiii) It should not seek to raise a discussion on a matter pending
before any statutory tribunal or statutory authority performing
judicial or quasi-judicial functions or any commission or court
of enquiry.
The significance of a cut motion lies in: (a) facilitating the
initiation of concentrated discussion on a specific demand for
grant; and (b) upholding the principle of responsible government
by probing the activities of the government. However, the cut
motion do not have much utility in practice. They are only moved
and discussed in the House but not passed as the government
enjoys majority support. Their passage by the Lok Sabha amounts
to the expressions of want of parliamentary confidence in the
government and may lead to its resignation.
On the last day of the days allotted for discussion and voting on
the demands for grants, the Speaker puts all the remaining
demands to vote and disposes them whether they have been
discussed by the members or not. This is known as ‘guillotine’.
5. Passing of Appropriation Bill
The Constitution states that ‘no money shall be withdrawn from
the Consolidated Fund of India except under appropriation made
by law’. Accordingly, an appropriation bill is introduced to provide
for the appropriation, out of the Consolidated Fund of India, all
(a) The grants voted by the Lok Sabha.
(b) The expenditure charged on the Consolidated Fund of India.
No such amendment can be proposed to the appropriation bill
in either house of the Parliament that will have the effect of
varying the amount or altering the destination of any grant voted,
or of varying the amount of any expenditure charged on the
Consolidated Fund of India.
The Appropriation Bill becomes the Appropriation Act after it is
assented to by the President. This act authorises (or legalises) the
payments from the Consolidated Fund of India. This means that
the government cannot withdraw money from the Consolidated
Fund of India till the enactment of the appropriation bill. This takes
time and usually goes on till the end of April. But the government
needs money to carry on its normal activities after 31 March (the
end of the financial year). To overcome this functional difficulty, the
Constitution has authorised the Lok Sabha to make any grant in
advance in respect to the estimated expenditure for a part of the
financial year, pending the completion of the voting of the
demands for grants and the enactment of the appropriation bill.
This provision is known as the ‘vote on account’. It is passed (or
granted) after the general discussion on budget is over. It is
generally granted for two months for an amount equivalent to one-
sixth of the total estimation.
6. Passing of Finance Bill
The Finance Bill is introduced to give effect to the financial
proposals of the Government of India for the following year. It is
subjected to all the conditions applicable to a Money Bill. Unlike
the Appropriation Bill, the amendments (seeking to reject or
reduce a tax) can be moved in the case of finance bill.
According to the Provisional Collection of Taxes Act of 1931,
the Finance Bill must be enacted (i.e., passed by the Parliament
and assented to by the president) within 75 days.
The Finance Act legalises the income side of the budget and
In addition to the budget that contains the ordinary estimates of
income and expenditure for one financial year, various other
grants are made by the Parliament under extraordinary or special
circumstances:
Supplementary Grant
It is granted when the amount authorised by the Parliament
through the appropriation act for a particular service for the
current financial year is found to be insufficient for that year.
Additional Grant
It is granted when a need has arisen during the current financial
year for additional expenditure upon some new service not
contemplated in the budget for that year.
Excess Grant
It is granted when money has been spent on any service during a
financial year in excess of the amount granted for that service in
the budget for that year. It is voted by the Lok Sabha after the
financial year. Before the demands for excess grants are
submitted to the Lok Sabha for voting, they must be approved by
the Public Accounts Committee of Parliament.
Vote of Credit
It is granted for meeting an unexpected demand upon the
resources of India, when on account of the magnitude or the
indefinite character of the service, the demand cannot be stated
with the details ordinarily given in a budget. Hence, it is like a
blank cheque given to the Executive by the Lok Sabha.
Exceptional Grant
It is granted for a special purpose and forms no part of the current
service of any financial year.
Token Grant
It is granted when funds to meet the proposed expenditure on a
new service can be made available by reappropriation. A demand
for the grant of a token sum (of Re 1) is submitted to the vote of
the Lok Sabha and if assented, funds are made available.
Reappropriation involves transfer of funds from one head to
another. It does not involve any additional expenditure.
Supplementary, additional, excess and exceptional grants and
vote of credit are regulated by the same procedure which is
applicable in the case of a regular budget.
Funds
The Constitution of India provides for the following three kinds of
funds for the Central government:
1. Consolidated Fund of India (Article 266)
2. Public Account of India (Article 266)
3. Contingency Fund of India (Article 267)
Consolidated Fund of India
It is a fund to which all receipts are credited and all payments are
debited. In other words, (a) all revenues received by the
Government of India; (b) all loans raised by the Government by
the issue of treasury bills, loans or ways and means of advances;
and (c) all money received by the government in repayment of
loans forms the Consolidated Fund of India. All the legally
authorised payments on behalf of the Government of India are
made out of this fund. No money out of this fund can be
appropriated (issued or drawn) except in accordance with a
parliamentary law.
Public Account of India
All other public money (other than those which are credited to the
Consolidated Fund of India) received by or on behalf of the
Government of India shall be credited to the Public Account of
India. This includes provident fund deposits, judicial deposits,
savings bank deposits, departmental deposits, remittances and so
on. This account is operated by executive action, that is, the
payments from this account can by made without parliamentary
appropriation. Such payments are mostly in the nature of banking
transactions.
Contingency Fund of India
The Constitution authorised the Parliament to establish a
‘Contingency Fund of India’, into which amounts determined by
law are paid from time to time. Accordingly, the Parliament
enacted the contingency fund of India Act in 1950. This fund is
placed at the disposal of the president, and he can make
advances out of it to meet unforeseen expenditure pending its
authorisation by the Parliament. The fund is held by the finance
secretary on behalf of the president. Like the public account of
India, it is also operated by executive action.
MULTIFUNCTIONAL ROLE OF PARLIAMENT
In the ‘Indian politico-administrative system’, the Parliament
occupies a central position and has a multifunctional role. It enjoys
extensive powers and performs a variety of functions towards the
fulfilment of its constitutionally expected role. Its powers and
functions can be classified under the following heads:
1. Legislative Powers and Functions
2. Executive Powers and Functions
3. Financial Powers and Functions
4. Constituent Powers and Functions
5. Judicial Powers and Functions
6. Electoral Powers and Functions
7. Other powers and functions.
1. Legislative Powers and Functions
The primary function of Parliament is to make laws for the
governance of the country. It has exclusive power to make laws on
the subjects enumerated in the Union List (which at present has
98 subjects, originally 97 subjects) and on the residuary subjects
(that is, subjects not enumerated in any of the three lists). With
regard to Concurrent List (which has at present 52 subjects,
originally 47 subjects), the Parliament has overriding powers, that
is, the law of Parliament prevails over the law of the state
legislature in case of a conflict between the two.
The Constitution also empowers the Parliament to make laws
on the subjects enumerated in the State List (which at present has
59 subjects, originally 66 subjects) under the following five
abnormal circumstances:
(a) when Rajya Sabha passes a resolution to that effect.
(b) when a proclamation of National Emergency is in operation.
(c) when two or more states make a joint request to the
Parliament.
(d) when necessary to give effect to international agreements,
treaties and conventions.
All the ordinances issued by the president (during the recess of
the Parliament) must be approved by the Parliament within six
weeks after its reassembly. An ordinance becomes inoperative if it
is not approved by the parliament within that period.
The Parliament makes laws in a skeleton form and authorises
the Executive to make detailed rules and regulations within the
framework of the parent law. This is known as delegated
legislation or executive legislation or subordinate legislation. Such
rules and regulations are placed before the Parliament for its
examination.
2. Executive Powers and Functions
The Constitution of India established a parliamentary form of
government in which the Executive is responsible to the
Parliament for its policies and acts. Hence, the Parliament
exercises control over the Executive through question-hour, zero