Article 116 of The Constitution of India
- (1)Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power—
- (a)to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 113 for the voting of such grant and the passing of the law in accordance with the provisions of article 114 in relation to that expenditure;
- (b)to make a grant 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 an annual financial statement;
- (c)to make an exceptional grant which forms no part of the current service of any financial year, and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of India for the purposes for which the said grants are made.
- (2)The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure.
Summary
- This provision allows the House of the People to grant money in advance for part of a year before the normal budget process is finished.
- It permits granting money for unexpected demands that are too large or indefinite to put into a detailed annual budget.
- The House can also make an exceptional grant that does not form part of the current service of any financial year.
- Parliament is authorized by law to withdraw the necessary money from the Consolidated Fund for these special grants.
- The standard rules for voting on grants and passing appropriation bills apply to these advance or unexpected grants.
Practical examples
FAQ
1. Can the government get money before the budget is passed under Section 116 of the Constitution of India?
Yes, Section 116 of the Constitution of India gives the House of the People power to make any grant in advance in respect of estimated expenditure for a part of any financial year.
2. How does the government handle vague emergency expenses under Section 116 of the Constitution?
Under Section 116 of the Constitution, the House of the People can make a grant for an unexpected demand when the magnitude or indefinite character of the service means details cannot be ordinarily given.
3. What is an exceptional grant under Section 116 of the Constitution of India?
Section 116 of the Constitution of India defines an exceptional grant as one which forms no part of the current service of any financial year.
Test yourself
Q1.Under Section 116 of the Constitution of India, which body has the power to make a grant in advance?
Q2.Under Section 116 of the Constitution of India, what justifies a grant for an unexpected demand without ordinary details?
Q3.How does Section 116 of the Constitution of India relate to the appropriation process in Section 114?
Q4.Under Section 116 of the Constitution of India, an exceptional grant is characterized by what specific trait?