Article 107 of the Costitution of India with Case law
📜 Article 107 of the Constitution of India – Provisions as to Introduction and Passing of Bills
✅ Text of Article 107:
Article 107(1): Subject to the provisions of Articles 108 and 109, a Bill may originate in either House of Parliament.
Article 107(2): A Bill shall not be deemed to have been passed by Houses of Parliament unless it has been agreed to by both Houses, either without amendment or with amendments agreed to by both Houses.
Article 107(3): A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses.
Article 107(4): A Bill pending in the Rajya Sabha which has not been passed by the Lok Sabha shall not lapse on the dissolution of the Lok Sabha.
🧠 Explanation:
Article 107 deals with the procedure for the introduction and passing of Bills in Parliament.
It clarifies the lifecycle of a Bill — particularly how it is introduced, passed, and what happens when Parliament is prorogued or dissolved.
It distinguishes between lapse and non-lapse of Bills based on where and how far the Bill has progressed.
📌 Key Points:
| Clause | Meaning |
|---|---|
| (1) | Any Bill (except Money Bill) can be introduced in either House |
| (2) | A Bill must be passed by both Houses to become law |
| (3) | A Bill does not lapse due to prorogation (temporary suspension) |
| (4) | A Bill pending in Rajya Sabha does not lapse if Lok Sabha is dissolved |
⚖️ Important Case Law on Article 107:
1. Rameshwar Prasad v. Union of India (2006) 2 SCC 1
Discussed what happens to legislative processes when assemblies are dissolved.
Reinforced that Bills pending in Rajya Sabha don’t lapse under Article 107(4).
2. Kihoto Hollohan v. Zachillhu (1992) Supp (2) SCC 651
While not directly about Article 107, it highlighted parliamentary privileges and legislative procedure, shedding light on internal matters of Parliament where Article 107 is invoked.
3. Shamsher Singh v. State of Punjab (1974)
Stressed that executive power in legislative procedures is guided by constitutional provisions like Article 107.
🏛️ Related Constitutional Provisions:
Article 108: Joint sitting of both Houses
Article 109: Special procedure in respect of Money Bills
Article 110: Definition of Money Bill
Article 111: Assent of the President
📚 Summary:
| Aspect | Explanation |
|---|---|
| Purpose | Describes how Bills are introduced and passed in Parliament |
| Origin of Bills | Can originate in either House (except Money Bills) |
| Lapsing of Bills | Does not lapse on prorogation or if pending in Rajya Sabha during Lok Sabha’s dissolution |
| Importance | Ensures legislative continuity and clarity in procedures |
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