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PARLIAMENT
INTRODUCTION
- The Parliament, an essential pillar of the Indian democratic framework, stands as the primary legislative body of the Union government. Its centrality in the nation’s political system is the result of India’s adoption of the parliamentary form of government, often referred to as the ‘Westminster’ model. This system, enshrined in Articles 79 to 122 of Part V of the Constitution, meticulously details the organization, composition, duration, officers, procedures, privileges, powers, and more aspects of the Parliament. As we delve into this chapter, we will unravel the pivotal role that Parliament plays in shaping India’s laws, policies, and governance, contributing to the nation’s vibrant and dynamic democracy.
ORGANIZATION OF ARLIAMENT
- Under the Indian Constitution, the Parliament comprises three components: the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha). In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were officially adopted. The Rajya Sabha serves as the Upper House, representing the states and union territories, while the Lok Sabha is the Lower House, representing the entire populace.
- Although the President is not a member of either House of Parliament and does not attend its meetings, the President plays a crucial role in the legislative process. A bill passed by both Houses cannot become law without the President’s assent. The President also carries out essential functions such as summoning and proroguing sessions, dissolving the Lok Sabha, addressing both Houses, and issuing ordinances when Parliament is not in session. This system follows the British model, where the Crown (King or Queen) coexists with the House of Lords (Upper House) and the House of Commons (Lower House).
- In contrast, the American presidential system emphasizes the separation of legislative and executive branches, with the American President not being an integral part of the legislature. The U.S. Congress consists of the Senate (Upper House) and the House of Representatives (Lower House).
- The Indian parliamentary system underscores the interdependence between the legislative and executive branches, akin to the ‘Crown-in-Parliament’ in Britain. In contrast, the American presidential system focuses on the separation of these branches, with the American President not considered a constituent part of Congress. This distinction underlines the fundamental differences between these two systems of government.
COMPOSITION OF THE TWO HOUSES
Lok Sabha
- Article 81 of the Indian Constitution outlines the composition of the Lok Sabha, the lower house of the Indian Parliament. According to this article, the Lok Sabha’s maximum number of members is determined as follows:
- Representatives of States: The Lok Sabha can have a maximum of 530 representatives from the various States in India. The allocation of seats to the States is based on their population, ensuring proportional representation.
- Representatives from Union Territories: The Lok Sabha may include a maximum of 20 representatives from the Union Territories. While Union Territories have less autonomy than States, they are still granted representation in the lower house of Parliament.
- Nomination of Anglo Indian Members: The President of India can nominate up to 2 members from the Anglo Indian Community to the Lok Sabha. This nomination occurs only if the President believes that the Anglo Indian Community is not adequately represented in the Parliament.
However, this provision was discontinued in 2020 by the 104th Constitutional Amendment Act. The government argued that the Anglo-Indian community had been adequately represented in the Lok Sabha over the years, and that it was no longer necessary to reserve seats for them.
- The sum of these components establishes the total strength of the Lok Sabha, which is 550 members (530 from the States and 20 from Union Territories). This structure is designed to balance representation between the States, Union Territories, and, when necessary, provide a voice for the Anglo Indian Community, reflecting the diverse and federal nature of the Indian democracy.
Rajya Sabha
- The composition and strength of the Rajya Sabha, as defined by Article 80 of the Indian Constitution, are as follows:
- Maximum Strength: Article 80 establishes the maximum strength of the Rajya Sabha at 250 members.
- Nominated Members: Out of the total of 250 members, 12 members are nominated by the President of India. These nominated members are individuals with notable expertise or practical experience in areas such as literature, science, art, and social service. Their nomination aims to bring specialized knowledge and diversity to the legislative process.
- Representatives of States and Union Territories: The remaining 238 members are representatives of the various States and the Union Territories. Out of the nine union territories, only three (Delhi, Puducherry and Jammu & Kashmir) have representation in Rajya Sabha. The populations of other six union territories are too small to have any representative in the Rajya Sabha.
- These members are not directly elected by the people but are chosen by elected members of the State Legislative Assemblies and members of the Electoral College for Union Territories.
Allocation of Seats
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SYSTEM OF ELECTIONS TO
Lok Sabha
- The members of the Lok Sabha, the lower house of the Indian Parliament, are elected based on several fundamental principles, ensuring representation and democratic participation. These principles are as follows:
- Universal Adult Franchise (Article 326): Every citizen who has reached the minimum voting age, which is 18 years (as per the 61st Amendment Act), has the right to vote in Lok Sabha elections. However, it is a prerequisite that their name is listed in the voters’ registry of their respective constituency.
- Reservation of Seats for SCs and STs: Certain constituencies are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs). These are known as Reserved Constituencies. In these constituencies, only candidates belonging to SCs or STs, as applicable, can contest elections. However, all voters in these constituencies have the right to vote to elect one candidate from their respective community. Currently, 131 seats are reserved, with 84 for SCs and 47 for STs.
- Single Member Territorial Constituencies: India is divided into territorial constituencies, with each constituency electing a single Member of Parliament (MP) to the Lok Sabha. The number of constituencies corresponds to the total number of Lok Sabha members to be elected. Each constituency elects one MP to represent the area’s interests and concerns.
- Direct Election and Simple Majority Voting System: Lok Sabha members are directly elected by the people in their respective constituencies. Every eligible voter has the right to cast their vote for their preferred candidate. The candidate who secures the highest number of votes among all contestants in a constituency is elected as the representative of the people in the Lok Sabha. This simple majority voting system ensures that each constituency’s elected MP truly reflects the preferences of the local electorate.
- These principles underscore the democratic nature of the Lok Sabha elections, emphasizing universal suffrage, reserved representation for marginalized communities, and a straightforward voting process to ensure the voice of the people is heard and represented in the Indian Parliament.
| Proportional Representation in India |
Proportional representation is a method of electoral representation where the distribution of seats in an elected body is proportional to the number of votes each party or candidate receives. In India, there are two types of proportional representation, the single transferable vote system and the list system. The single transferable vote system is used for the election of members to the Rajya Sabha, state legislative councils, and for electing the President and Vice-President.
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Rajya Sabha
- The election of representatives to the Rajya Sabha (Council of States) in India is conducted through an indirect election process. Here are the key details:
- Method of Election: Representatives to the Rajya Sabha from the various States and Union Territories are elected by the method of indirect election. This means that they are not elected directly by the general public but by specific bodies.
- Election by State Legislative Assemblies: Representatives from each State are elected by the members of the respective State Legislative Assembly. The State’s elected representatives participate in the electoral process to choose Rajya Sabha members.
- Election by Electoral College in Union Territories: In Union Territories, the representatives are elected by the members of the Electoral College specific to that Union Territory. The Electoral College for the National Capital Territory of Delhi consists of the elected members of the Legislative Assembly of Delhi, while the Electoral College for Puducherry consists of the elected members of the Puducherry Legislative Assembly.
- Proportional Representation: The voting system employed for these elections is proportional representation by means of the single transferable vote (STV). This system allows voters to rank candidates in order of preference.
- Calculation of Required Votes: To secure a Rajya Sabha seat, a candidate must obtain a certain number of votes. This number is calculated using the formula: Required Vote = Total Number of Votes / (Number of Rajya Sabha Seats + 1) + 1. The calculation ensures that candidates obtain sufficient support to win a seat.
Duration of Two Houses
Lok Sabha
- Normal Term: The Lok Sabha, India’s lower house of Parliament, has a regular term of five years, reflecting the standard duration for which members are elected.
- Extension During an Emergency: During a state of emergency, the Lok Sabha’s term can be extended by one year. However, fresh elections must be held within six months of the end of the emergency to reconstitute the Lok Sabha.
- Dissolution by the President: The President of India can dissolve the Lok Sabha at any time upon the advice of the Prime Minister or when no party is in a position to form a government. In either case, a new Lok Sabha must be elected within six months.
- Sessions: The President can convene sessions of Parliament as required. There cannot be a gap of more than six months between two sessions, ensuring that Parliament meets regularly to conduct its legislative and oversight functions. Consequently, a minimum of two sessions of the Lok Sabha is essential within one year.
- Quorum: For a meeting of the Lok Sabha to be considered valid, at least one-tenth of its total members must be present. If this quorum requirement is not met, the Speaker of the House has the authority to adjourn the meeting due to a lack of quorum.
- These provisions ensure that the Lok Sabha functions as an active and responsive legislative body and that elections are held to uphold democratic principles, even during emergencies or in situations where the government may be dissolved. The quorum requirement helps maintain a meaningful presence of members during legislative proceedings.
Rajya Sabha
- The Rajya Sabha, as the upper house of the Indian Parliament, has unique characteristics:
- Permanent House: Unlike the Lok Sabha, the Rajya Sabha is a permanent body and is not subject to dissolution. This permanency ensures that there is a continuous and stable forum for discussing and deliberating on important national matters.
- Member Rotation: To maintain a balance and a sense of continuity, one-third of the members of the Rajya Sabha retire every two years. These members are elected for a term of six years. This staggered retirement system ensures that not all members vacate their seats at once, providing a degree of institutional memory and stability.
- Bye-Election: When a vacancy arises in the Rajya Sabha due to reasons other than the retirement of a member upon the expiration of their term, an election is conducted to fill the vacancy. This election is called a “bye-election.”
- Remaining Term: A member elected in a bye-election serves for the remainder of the term of the member who had resigned, passed away, or was disqualified under the Tenth Schedule of the Indian Constitution. This mechanism ensures that the legislative body maintains its designated strength, even if unforeseen vacancies occur during a member’s term.
- The combination of a permanent house, staggered retirements, and bye-elections contributes to the Rajya Sabha’s role as a stable and influential legislative body in the Indian parliamentary system.
MEMBERSHIP OF PARLIAMENT
Qualifications
- The qualifications required for individuals to become members of the Parliament in India are defined by the Indian Constitution, as detailed in Article 84 for the Lok Sabha (House of the People) and Article 84 for the Rajya Sabha (Council of States). These qualifications are as follows:
For Membership of Lok Sabha (House of the People):
- Indian Citizenship: To be eligible for membership in the Lok Sabha, a person must be a citizen of India. They are required to make and subscribe an oath or affirmation, as specified in the Third Schedule of the Constitution, before an authorized person designated by the Election Commission. This oath or affirmation affirms their allegiance to the Indian Republic.
- Age Requirement: A person must be at least 25 years of age to qualify for membership in the Lok Sabha. This age requirement is in place to ensure that individuals seeking to represent the public have attained a certain level of maturity and experience.
- Additional Qualifications: Besides Indian citizenship and the minimum age requirement, any additional qualifications necessary for Lok Sabha membership may be prescribed by or under any law made by the Parliament. This allows for the inclusion of specific qualifications or criteria that may be deemed necessary for members of Parliament.
For Membership of Rajya Sabha (Council of States):
- Indian Citizenship: To be eligible for membership in the Rajya Sabha, a person must be a citizen of India. Similar to the Lok Sabha, they are required to make and subscribe an oath or affirmation, as specified in the Third Schedule of the Constitution, before an authorized person designated by the Election Commission.
- Age Requirement: Unlike the Lok Sabha, a person seeking membership in the Rajya Sabha must be at least 30 years of age. This higher age requirement recognizes the Rajya Sabha’s role as the upper house and the need for a certain level of experience and maturity among its members.
- Additional Qualifications: In addition to the above qualifications, any further qualifications for Rajya Sabha membership may be prescribed by or under any law enacted by the Parliament. This allows for the possibility of specific criteria that may be considered necessary for members of the Rajya Sabha.
Disqualifications
- Article 102 of the Indian Constitution lays down the disqualifications for individuals seeking to become or remain members of either House of Parliament. These disqualifications are aimed at ensuring the integrity and commitment of members to serve the nation effectively. Additional disqualifications are provided in the Representation of People Act, 1951.
Common Disqualifications for Both Houses:
- Holding an Office of Profit: A person is disqualified if they hold any office of profit under the Government of India or the Government of any State, with the exception of an office declared by Parliament not to disqualify its holder.
- Unsound Mind: If a person is declared of unsound mind by a competent court, they are disqualified.
- Undischarged Insolvency: An undischarged insolvent is disqualified from being a member.
- Non-Citizenship: Individuals who are not citizens of India, have voluntarily acquired the citizenship of a foreign state, or are under any acknowledgment of allegiance or adherence to a foreign state are disqualified.
- Disqualification by Law: A person may be disqualified by or under any law made by Parliament.
Additional Disqualifications in the Representation of People Act, 1951:
- Election Offenses and Corrupt Practices: Disqualification applies if a person has been found guilty of specific election offenses or corrupt practices in elections.
- Conviction Resulting in Imprisonment: A person convicted for any offense resulting in imprisonment for two or more years is disqualified, with the exception of detention under a preventive detention law.
- Failure to Lodge Election Expense Accounts: Disqualification occurs if a person fails to lodge an account of their election expenses within the stipulated time.
- Interest in Government Contracts, Works, or Services: Individuals with an interest in government contracts, works, or services may be disqualified.
- Director or Managing Agent of Government-Related Corporation: A person cannot be a director or managing agent of a corporation in which the government holds at least 25 percent share.
- Dismissal from Government Service: Disqualification applies if a person has been dismissed from government service for corruption or disloyalty to the State.
- Conviction for Promoting Enmity or Bribery: A person is disqualified if they have been convicted for promoting enmity between different groups or for the offense of bribery.
| Disqualification on Ground of Defection |
The Tenth Schedule of the Indian Constitution, also known as the Anti-Defection Law, sets forth provisions for the disqualification of members of Parliament if they defect from their political party or violate the party’s instructions. The law aims to curb political defections and promote stability in the political system. Here are the key disqualification criteria under the Tenth Schedule:
The Tenth Schedule empowers the Chairman of the Rajya Sabha and the Speaker of the Lok Sabha to decide on disqualifications under these criteria. Importantly, in 1992, the Supreme Court clarified that the decisions made by the Chairman or Speaker in such cases are subject to judicial review, allowing for legal oversight and ensuring fairness in the application of the Anti-Defection Law. This law is essential to maintaining party discipline and the integrity of the electoral process in India. |
Vacating of Seats
- There are specific circumstances and rules under which a member of Parliament in India must vacate their seat. One such situation is double membership, where a person holds membership in more than one legislative body simultaneously. Here’s how double membership is addressed:
Double Membership:
- Intimation of Choice: If a person is elected to both Houses of Parliament (e.g., the Lok Sabha and Rajya Sabha), they must inform within 10 days in which House they wish to serve. If they fail to provide this intimation, their seat in the Rajya Sabha becomes vacant.
- Sitting Member Elected to Another House: If a member of one House is also elected to the other House, their seat in the first House becomes vacant.
- Election to Two Seats in the Same House: If a person is elected to two seats within the same House (e.g., representing multiple constituencies), they must choose one seat. Failing to make a choice results in the vacation of both seats.
Additionally, it’s important to note that a person cannot simultaneously hold membership in both the Parliament and a state legislature. If a person is elected to both, they must resign their seat in the state legislature within 14 days; otherwise, their seat in the Parliament becomes vacant.
- Disqualification: A member of Parliament can have their seat vacated if they become subject to any of the disqualifications specified in the Constitution. This includes disqualification on the grounds of defection under the provisions of the Tenth Schedule of the Constitution. The Anti-Defection Law in the Tenth Schedule aims to prevent members from defecting to other political parties.
- Resignation: A member has the option to resign their seat by submitting a written resignation to the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, as appropriate. The seat becomes vacant once the resignation is accepted. However, the Chairman/Speaker may not accept the resignation if they have reason to believe that it is not voluntary or genuine.
- Absence: A member’s seat can be declared vacant by the House if they are absent from all its meetings for a period of sixty consecutive days without obtaining permission. This rule ensures that members actively participate in the legislative process and that their seats are not held without any engagement. The period of sixty days is computed without counting the time when the House is prorogued or adjourned for more than four consecutive days.
In addition to the previously mentioned circumstances, there are other cases in which a member of Parliament in India is required to vacate their seat:
- Election Declared Void: If a member’s election is declared void by a court, they must vacate their seat. This can occur if a court determines that the election was not conducted in accordance with legal requirements.
- Expulsion by the House: A member can be expelled by the House itself through a formal process, which may be initiated based on violations of parliamentary rules or misconduct.
- Election to the Office of President or Vice-President: If a member is elected to the high constitutional offices of President or Vice-President, they must vacate their seat in Parliament as they assume their new role.
- Appointment as Governor of a State: If a member is appointed to the office of Governor of a state, they must vacate their parliamentary seat. This ensures the separation of roles between the executive head of a state and the legislative body.
If a disqualified person is elected to Parliament, the Constitution does not specify a procedure for declaring the election void. In such cases, the Representation of the People Act, 1951, comes into play. This Act empowers the high court to declare an election void if a disqualified candidate is elected. In case of a dispute or appeal, the aggrieved party can further appeal to the Supreme Court against the order of the high court.
Oath or Affirmation of a Member of Parliament:
- Before taking their seat in either House of Parliament, every member of Parliament in India is required to make and subscribe to an oath or affirmation. This solemn oath or affirmation is a vital step in formalizing their role as a parliamentary representative. The key aspects of this oath or affirmation include:
- Allegiance to the Constitution: The member swears to bear true faith and allegiance to the Constitution of India. This highlights the member’s commitment to the foundational document of the nation.
- Sovereignty and Integrity: The member pledges to uphold the sovereignty and integrity of India. This reflects the member’s dedication to safeguarding the unity and territorial integrity of the country.
- Duty Discharge: The member promises to faithfully discharge the duties they are about to enter. This underscores their responsibility as a parliamentary representative to serve the public and the nation.
- Taking this oath or affirmation is a prerequisite for participating in the proceedings of the House, including voting. It is also essential for members to gain access to parliamentary privileges and immunities.
- Failure to take the prescribed oath or affirmation can result in a penalty of ₹500 for each day a person sits or votes as a member of Parliament in certain conditions:
- If they do so before taking the oath or affirmation.
- When they are aware that they are not qualified or are disqualified for membership.
- When they know that they are prohibited from sitting.
- These measures ensure that parliamentary representatives are fully committed to their roles and obligations as outlined in the Constitution of India.
PRESIDING OFFICERS OF PARLIAMENT
Lok Sabha
Speaker
- The Speaker of the Lok Sabha, the lower house of India’s Parliament, plays a crucial role in the functioning of the legislative body. Here’s an overview of the election and tenure of the Speaker:
Election:
- Election by Members: The Speaker is elected by the members of the Lok Sabha from among themselves. This election typically takes place at the beginning of a new Lok Sabha, which is formed after a general election.
- Nomination: Members can propose the name of any other member for the position of Speaker. These proposals are usually made through a motion moved by a member, and seconded by another member. The process is overseen by the Pro tem Speaker, who is usually the senior-most member of the Lok Sabha and presides over the first session until the Speaker is elected.
- Voting: The election of the Speaker is conducted by a simple majority vote. Members cast their votes in favor of one of the proposed candidates.
- Oath and Assumption of Office: Once elected, the newly elected Speaker takes the oath of office, which is administered by the Pro tem Speaker. After taking the oath, the Speaker assumes the responsibilities of the office.
Tenure:
- Term: The Speaker serves a five-year term, coinciding with the life of the Lok Sabha. If the Lok Sabha is dissolved before the completion of its term, the Speaker continues to hold office until a new Lok Sabha is formed following a general election.
- Re-election: There is no limit on the number of terms a person can serve as Speaker. A Speaker can be re-elected if they are a member of the newly formed Lok Sabha and are elected by the members.
- Resignation: The Speaker can resign from office by submitting a written resignation to the Deputy Speaker or to the Pro tem Speaker if there is no Deputy Speaker. The Deputy Speaker temporarily discharges the Speaker’s duties until a new Speaker is elected.
- The Speaker of the Lok Sabha is expected to be impartial and uphold the rules and procedures of the House while facilitating the orderly conduct of parliamentary proceedings. They have a crucial role in ensuring the functioning of the legislative body, allowing members to voice their opinions and make decisions in a democratic manner.
| Role and Functions |
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Deputy Speaker of Lok Sabha:
- Election: The Deputy Speaker of the Lok Sabha is elected by the members of the Lok Sabha, but the date of the election is determined by the Speaker of the Lok Sabha. This election is usually held shortly after the Speaker’s election.
- Terms of Office and Removal: The Deputy Speaker’s terms of office, grounds for removal, and the procedure for removal are the same as those of the Speaker. They hold office until they resign, are removed, or the Lok Sabha is dissolved. They can be removed by a resolution passed by a majority of the Lok Sabha members.
- Resignation: The Deputy Speaker can resign from their position by submitting a written resignation to the Speaker.
- Powers and Role: When presiding over the Lok Sabha in the absence of the Speaker, the Deputy Speaker possesses the same powers and responsibilities as the Speaker. However, in the presence of the Speaker, the Deputy Speaker functions as an ordinary member of the house.
- Independence: The Deputy Speaker is not subordinate to the Speaker but is directly responsible to the Lok Sabha. They play a significant role in maintaining the decorum and order of the Lok Sabha.
- Chairman of Parliamentary Committee: If the Deputy Speaker is a member of a parliamentary committee, they automatically become the chairman of that committee.
- Oath or Affirmation: When assuming office, the Speaker and the Deputy Speaker do not make or subscribe to separate oaths or affirmations.
- First Deputy Speaker: Ananthasayanam Ayyangar was the first Deputy Speaker of the Lok Sabha, and he had the distinction of serving in this role.
- The Deputy Speaker of the Lok Sabha is an essential office in the Indian parliamentary system, as they provide leadership and maintain parliamentary procedures when the Speaker is unavailable, ensuring the smooth functioning of the Lok Sabha.
Speaker Pro Tem:
- Appointment: The Speaker of the previous Lok Sabha resigns from their position just before the first sitting of the new Lok Sabha. In such a situation, the President appoints a member of the Lok Sabha to serve as the Speaker Pro Tem. Typically, the senior-most member is chosen for this temporary role.
- Role: The primary role of the Speaker Pro Tem is to preside over the first session of the new Lok Sabha until the election of the new Speaker. This temporary appointment ensures that there is someone to conduct the proceedings until the new Speaker is elected.
- Oath: The oath of the Speaker Pro Tem is administered by the President of India.
- Functions: During the first session, the Speaker Pro Tem carries out various functions, including administering oaths to the newly elected members of the Lok Sabha. They also facilitate the election of the new Speaker of the Lok Sabha.
- The Speaker Pro Tem is a crucial figure in the transition between the old and new Lok Sabhas, ensuring the orderly conduct of proceedings and the swearing-in of new members until a new Speaker is elected.
Panel of Chairpersons of Lok Sabha:
- Nomination: Under the Rules of Lok Sabha, the Speaker nominates a panel of not more than ten chairpersons from among the members of the Lok Sabha.
- Presiding Powers: Members of the panel of chairpersons can preside over the Lok Sabha in the absence of the Speaker or the Deputy Speaker. When they preside, they have the same powers and responsibilities as the Speaker.
- Duration: Members of the panel of chairpersons hold office until a new panel is nominated by the Speaker.
- Speaker’s Absence: In situations where both the Speaker and the Deputy Speaker are absent, a member of the panel of chairpersons can preside over the House. If none of them is available, another person determined by the House can act as the presiding officer.
- Vacant Speaker’s Office: A member of the panel of chairpersons cannot preside over the House when the office of the Speaker or the Deputy Speaker is vacant. In such cases, members of the House appointed by the President perform the duties of the Speaker.
- The Panel of Chairpersons serves as a backup to preside over the Lok Sabha when the Speaker or Deputy Speaker is unavailable and ensures the smooth conduct of parliamentary proceedings.
Rajya Sabha
Chairman
- The Chairman of the Rajya Sabha serves as the presiding officer and holds a position of significance in the functioning of the upper house of India’s Parliament. Here are some key aspects of the Chairman’s role and functions:
- Presiding Officer: The Chairman is the presiding officer of the Rajya Sabha. The Chairman’s role is similar to that of the Speaker in the Lok Sabha. They maintain order, facilitate discussions, and ensure that parliamentary rules are followed.
- Ex-Officio Chairman: The Vice-President of India serves as the ex-officio Chairman of the Rajya Sabha. However, the Vice-President does not perform the duties of the Chairman when they are acting as the President or discharging the functions of the President.
- Removal from Office: The Chairman of the Rajya Sabha can only be removed from office if they are removed from the office of the Vice-President. This ensures that the Chairman’s position is tied to their role as the Vice-President.
- Powers and Functions: The Chairman’s powers and functions in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha. They maintain decorum, decide on points of order, interpret rules, and enforce parliamentary procedures.
- Non-Member of the House: Unlike the Speaker, who is a member of the Lok Sabha, the Chairman is not a member of the Rajya Sabha. However, they have similar powers in the House.
- Casting Vote: The Chairman can cast a vote in case of an equality of votes, but they do not vote in the first instance. This ensures that they remain impartial.
- Special Powers of the Speaker: Two special powers held by the Speaker but not by the Chairman are:
- The Speaker decides whether a bill is a money bill, and their decision on this matter is final.
- The Speaker presides over a joint sitting of the two Houses of Parliament.
Deputy Chairman of Rajya Sabha:
- Election: The Deputy Chairman is elected by the Rajya Sabha from amongst its members.
- Constitutional Position: The position of Deputy Chairman is created under Article 89 of the Indian Constitution.
- Vacancy: When the office of the Deputy Chairman becomes vacant, the Rajya Sabha elects another member to fill the vacancy.
- Vacation of Office: The Deputy Chairman vacates office under three circumstances: if they cease to be a member of the Rajya Sabha, if they resign by writing to the Chairman, or if removed by a resolution passed by a majority of all members of the Rajya Sabha, with a 14-day advance notice.
- Powers and Functions: The Deputy Chairman performs the duties of the Chairman when the Chairman’s office is vacant, when the Vice-President acts as President, or when the Chairman is absent from the sitting of the House. In these cases, they have all the powers of the Chairman.
- Independence: The Deputy Chairman is not subordinate to the Chairman and is directly responsible to the Rajya Sabha.
- Casting Vote: Similar to the Chairman, when presiding over the House, the Deputy Chairman can exercise a casting vote in the case of a tie but cannot vote in the first instance.
- Resolution for Removal: While a resolution for the removal of the Deputy Chairman is under consideration, they cannot preside over a sitting of the House, although they may be present.
- Participation as a Member: When the Chairman presides over the House, the Deputy Chairman becomes an ordinary member and can speak, participate in proceedings, and vote on any question before the House.
Panel of Vice-Chairpersons of Rajya Sabha:
- Nominated Panel: The Chairman of the Rajya Sabha nominates a panel of Vice-Chairpersons from amongst the members.
- Presiding Powers: Members of the panel of Vice-Chairpersons can preside over the Rajya Sabha in the absence of the Chairman or the Deputy Chairman and have the same powers as the Chairman when presiding.
- Vacant Chairman’s Office: A member of the panel of Vice-Chairpersons cannot preside over the House when the office of the Chairman or the Deputy Chairman is vacant.
- Presidential Appointments: During such times, the President appoints members of the House to perform the duties of the Chairman.
SESSIONS OF PARLIAMENT
- The functioning of the Indian Parliament is organized into sessions, each with its specific purpose and duration. Here are some key points about the sessions of Parliament:
- Regular Sessions:
- Budget Session (February to May): This is the first session of the year and is primarily dedicated to the presentation and discussion of the Union Budget. It typically spans from February to May.
- Monsoon Session (July to September): The Monsoon Session is usually held from July to September. It addresses various legislative and policy matters.
- Winter Session (November to December): The Winter Session is the last session of the year, held from November to December. It focuses on important legislative work and policy discussions.
- Session Definition: A “session” of Parliament refers to the period from the first sitting of a House to its prorogation. During a session, the House convenes daily to conduct its business, including deliberating on bills, discussions, and other parliamentary activities.
- Recess: The time between the prorogation of one session and the reassembly of the House in a new session is referred to as a “recess.” During this period, the House is not in session, and members may have a break from parliamentary activities.
- Summoning of Parliament: The President is responsible for summoning each House of Parliament from time to time. While there is flexibility in summoning, it is essential that there is no gap of more than six months between two sessions. Therefore, Parliament is required to meet at least twice a year to address the country’s legislative and policy needs.
| Terms | Description |
| Adjournment | An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks. It is used to give members of Parliament a break, to discuss an urgent matter outside the House, or to allow the government to prepare for a debate. |
| Adjournment sine die | An adjournment sine die terminates a session of Parliament. It is used when the government has completed all of its business for the session, or when it wants to end the session early. |
| Prorogation | Prorogation is a formal order from the President of India to terminate a session of Parliament. It is used when the government wants to end the session early, but does not want to dissolve the Lok Sabha. |
| Dissolution | Dissolution is the formal order from the President of India to terminate a session of Parliament and dissolve the Lok Sabha. It is used when the government loses the confidence of the Lok Sabha, or when it wants to call a fresh election. |
| Lame-duck Session | Lame-ducks refer to members of the existing Lok Sabha who were unsuccessful in being re-elected to the new Lok Sabha after the election. |
| Quorum | Quorum is the minimum number of members in a House for business transactions, one-tenth of the total, including the presiding officer. In Lok Sabha and Rajya Sabha, 55 and 25 members are required. If no quorum is reached, the presiding officer adjourns or suspends the meeting. |
POWER AND FUNCTIONS
Lok Sabha
Legislative Powers
- Introduction of Bills: Ordinary bills can be introduced in either the Lok Sabha or the Rajya Sabha. However, a significant majority of bills are introduced in the Lok Sabha, which is the lower house.
- Approval in Both Houses: To become law, an ordinary bill must be passed by both Houses of Parliament. This means it needs approval first in the House where it was introduced (the House of Origin), and then it must pass through the other House as well.
- Consideration in the Second House: If the Rajya Sabha, for example, rejects a bill passed by the Lok Sabha, it can return the bill with amendments for the Lok Sabha’s reconsideration. The Lok Sabha has the option to accept those amendments or reject them.
- Deadlock Resolution: If a deadlock persists, and the two Houses are unable to reach an agreement within six months, the President can call for a joint sitting of both Houses, as per Article 108 of the Constitution. During this joint sitting, members from both Houses vote on the bill. The decision reached in the joint sitting is final.
- President’s Assent: Once the bill is approved in both Houses or in the joint sitting, it is sent to the President for their assent. The President can either give their assent or withhold it. In practice, the President typically follows the advice of the Council of Ministers.
- Publication: After receiving the President’s assent, the bill becomes an Act of Parliament and is published in the official Gazette, officially becoming part of the law.
Executive Powers
- Collective Responsibility: Under Article 75(3) of the Indian Constitution, the Council of Ministers is collectively responsible to the Lok Sabha. This means that the entire council, including the Prime Minister, is accountable to the Lok Sabha for their actions and decisions.
- Appointment of the Prime Minister: The leader of the majority party in the Lok Sabha is invited by the President to become the Prime Minister. The Prime Minister is, in practice, the leader of the party or coalition with the most seats in the Lok Sabha.
- Ministerial Composition: A significant number of ministers in the Council of Ministers are typically members of the Lok Sabha. This is to ensure that the executive branch of the government is closely linked to the legislature.
- Confidence of the Lok Sabha: The Council of Ministers remains in office as long as it enjoys the confidence of the majority in the Lok Sabha. If the Lok Sabha passes a vote of no-confidence against the government, it must resign, and early elections may be called.
- Oversight and Control: The Lok Sabha exercises continuous control over the Council of Ministers. Members of Parliament (MPs) have several mechanisms to scrutinize the government’s policies, activities, and decisions:
- Questioning: MPs can ask questions of ministers about their policies and the administration’s activities. This process is governed by Article 75 of the Indian Constitution. Questions can be used to seek information, hold the government accountable, and highlight important issues.
- Resolutions and Motions: MPs have the authority to propose and adopt various types of resolutions and motions, including adjournment motions, call attention motions, censure motions, and no-confidence motions. These mechanisms allow the Lok Sabha to debate and express its views on various matters and, in the case of a no-confidence motion, potentially remove the government.
Financial Power
- Money Bills Exclusive to Lok Sabha: Article 109 of the Indian Constitution stipulates that money bills can only be introduced in the Lok Sabha, the lower house of Parliament. These bills pertain to matters related to taxation, government revenues, and public expenditure.
- Passage of Money Bills: Once a money bill is introduced in the Lok Sabha and passed by it, it is then sent to the Rajya Sabha for its consideration. The Rajya Sabha can make recommendations, but it does not have the power to amend or reject the bill.
- Decision on Money Bill Status: In case of any dispute about whether a particular bill qualifies as a money bill or not, the Speaker of the Lok Sabha has the authority to make the final decision. This decision is not subject to challenge in any court, including the Rajya Sabha or the Lok Sabha.
- Control Over Finances: The Lok Sabha’s control over financial matters is significant. It has the final say on matters related to taxation, collection, modification, or abolishment of taxes. The fiscal policies of the government cannot be implemented without the Lok Sabha’s consent.
- Role in Budget Approval: The Lok Sabha plays a central role in the approval of the annual budget presented by the government. The budget outlines the government’s revenue and expenditure plans, and it must be approved by the Lok Sabha before it can be implemented.
- Oversight of Public Spending: The Lok Sabha exercises oversight over public spending to ensure that government funds are allocated and utilized in a manner consistent with the nation’s needs and priorities.
- The Lok Sabha’s financial powers, particularly in the context of money bills, are an important mechanism for ensuring that the government’s financial policies and practices are in line with the democratic will of the people and the nation’s economic stability. It reflects the principle of parliamentary sovereignty, where the elected representatives have the final authority in financial matters.
Judicial Powers
- Impeachment Proceedings: The Lok Sabha, along with the Rajya Sabha, can initiate and conduct impeachment proceedings against constitutional authorities, such as the President and the Vice-President. In the case of the President, impeachment requires a resolution adopted by each house with a two-thirds majority of its members. This process is governed by Article 61 of the Constitution.
- Investigation of Charges: The Lok Sabha has the authority to investigate charges prepared by the Rajya Sabha against the Vice-President of India. These investigations are conducted to ensure accountability and integrity among high constitutional officials.
- Removal of Judges: Both the Lok Sabha and the Rajya Sabha can jointly pass a resolution for the removal of judges of the Supreme Court or State High Courts. This process is outlined in Article 124(4) of the Constitution and serves as a mechanism to uphold judicial independence and ethics.
- Special Address: The Lok Sabha, in collaboration with the Rajya Sabha, can jointly pass a special address and present it to the President. This can lead to the removal of certain high-ranking state officers, including the Attorney General, Chief Election Commissioner, and Comptroller and Auditor General of India. This process helps ensure the accountability and impartiality of these officials.
- Contempt of the House: The Lok Sabha has the authority to take action against any member or citizen found guilty of committing contempt of the House. This power is essential to maintain decorum, respect, and dignity within the parliamentary proceedings.
- These judicial and oversight functions of the Lok Sabha contribute to the system of checks and balances in India’s parliamentary democracy. They help ensure accountability, transparency, and adherence to constitutional principles among government officials and constitutional authorities.
Electoral Functions
- Election of the President: Elected members of the Lok Sabha participate in the electoral process to select the President of India. The President is the ceremonial head of the state and is elected indirectly through an electoral college that includes members of both houses of Parliament, as well as members of the Legislative Assemblies of States and Union Territories.
- Election of the Vice-President: Members of both the Lok Sabha and the Rajya Sabha collectively participate in the election of the Vice-President of India. The Vice-President holds the second-highest constitutional office in the country and performs essential duties in the absence of the President.
- Election of the Speaker and Deputy Speaker: Members of the Lok Sabha also play a critical role in electing the Speaker and Deputy Speaker of the Lok Sabha from among their fellow members. The Speaker presides over the proceedings of the Lok Sabha, ensuring order and decorum, while the Deputy Speaker assists in the smooth functioning of the House.
The Lok Sabha and the Rajya Sabha, as the two houses of India’s Parliament, share the responsibility of performing various critical functions that shape the governance and legal framework of the country. Some of the functions that require the joint participation and approval of both houses include:
These functions demonstrate the importance of the bicameral nature of the Indian Parliament, as they require the combined deliberation and consent of the Lok Sabha and the Rajya Sabha to effect significant changes in the governance and legislative framework of the country. |
Rajya Sabha
- The Rajya Sabha, as the Upper House of India’s Parliament, possesses certain special powers that reinforce its role in representing the federal nature of the Indian polity. These powers distinguish it from the Lok Sabha and reflect its unique constitutional mandate. Some of the notable special powers of the Rajya Sabha include:
Legislation on State Matters
- The special powers vested in the Rajya Sabha, as outlined in Article 249 of the Indian Constitution, allow it to initiate Central intervention in the legislative fields reserved for the states, thereby ensuring the balance of federalism and national interests. This provision plays a crucial role in maintaining the integrity and unity of the Indian Union. Here are the key aspects of Article 249 and how it empowers the Rajya Sabha:
- National Interest and State Matters: Article 249 acknowledges that certain matters, even though included in the State List (subjects within the legislative authority of state legislatures), might be of national significance. When such issues arise, it becomes necessary or expedient for Parliament to make laws concerning these matters.
- Two-Third Majority: For the Rajya Sabha to invoke its powers under Article 249, it must pass a resolution by a majority of not less than two-thirds of the members present and voting. This high threshold emphasizes the significance of the matter at hand and the need for a substantial consensus.
- Central Intervention: Once the Rajya Sabha adopts the resolution, it grants Parliament the authority to legislate on the specified subject matter. This means that Parliament can make laws that apply to the entire territory of India, even if it falls within the State List.
- Such a resolution will remain in force for such a period, not exceeding one year, as may be specified therein, but this period can be extended by one year at a time by passing further resolution.
- Article 249 reflects the delicate balance between the autonomy of states and the unity of the Indian Union. It enables the Rajya Sabha, as the federal chamber, to play a vital role in facilitating coordinated efforts between the Center and the states when matters of national importance require legislative action. This provision underscores the federal and cooperative nature of India’s constitutional framework.
All India Services
- Article 312 of the Indian Constitution grants the Rajya Sabha the authority to create All India Services, which are common to both the Union and the States. If the Rajya Sabha passes a resolution with a two-thirds majority, declaring the need for such services in the national interest, Parliament can then enact laws to establish and regulate these services. This collaboration between the Union and the States allows for unified administrative services in key areas.
Equal Powers of Rajya Sabha Compared to Lok Sabha
- Both the Lok Sabha and the Rajya Sabha have equal authority and responsibilities in various important matters according to the Indian Constitution. These include:
- Participation in the election and impeachment of the President (Articles 54 and 61).
- Participation in the election of the Vice-President (Article 66).
- Authority to create laws defining parliamentary privileges and the power to penalize for contempt (Article 105).
- Approval of Proclamations of Emergency (under Article 352) and Proclamations regarding the failure of constitutional machinery in states (under Article 356).
- Receipt of reports and papers from various statutory authorities, including Audit Reports from the Comptroller and Auditor General of India (Article 151(1)), Reports of the Union Public Service Commission (Article 323(1)), Reports of the Special Officer for Scheduled Castes and Scheduled Tribes (Article 338(2)), Reports of the Commission to investigate the conditions of the Backward Classes (Article 340(3)), and Reports of the Special Officer for Linguistic Minorities (Article 350 B (2)).
DEVICES OF PARLIAMENTARY PROCEEDINGS
Question Hour
- Question Hour is an essential part of parliamentary proceedings where members have the opportunity to ask questions and receive responses from ministers. It takes place during the first hour of every parliamentary sitting.
- Types of Questions:
- Starred Question: These require an oral answer and allow for supplementary questions to be asked.
- Unstarred Question: These require a written answer, and supplementary questions are not allowed.
- Short Notice Question: These are asked with less than ten days’ notice and are answered orally.
- Recipients of Questions: Questions can be directed to ministers as well as private members. Private members may be questioned if the subject matter relates to a bill, resolution, or other business for which that member is responsible.
- Question Hour serves as a means for members to seek information, clarification, and engage in discussions with the government on various matters, contributing to the transparency and accountability of the parliamentary process.
Zero Hour
- The Zero Hour is an informal practice in the Indian Parliament, not governed by official rules. It occurs after the Question Hour and before the regular agenda for the day. Members can use this time to raise urgent matters without prior notice. This unique parliamentary feature has been in use since 1962.
Motions
- In the Indian Parliament, discussions on important matters require the consent of the presiding officer. Decisions and opinions are expressed through motions proposed by ministers or members. These motions fall into three main categories:
- Substantive Motion: A self-contained proposal dealing with crucial matters, such as impeaching the President or removing the Chief Election Commissioner.
- Substitute Motion: Proposed as an alternative to an original motion and supersedes it if adopted by the House.
- Subsidiary Motion: Requires reference to the original motion or proceedings and is divided into sub-categories:
- Ancillary Motion: Used for various types of business.
- Superseding Motion: Aims to replace another issue during debate.
- Amendment: Seeks to modify or substitute a part of the original motion.
Closure Motion
- A closure motion is used to end a debate on a matter in the House. If approved, the debate is stopped, and the matter is put to a vote. There are four types of closure motions:
- Simple Closure: This motion proposes that the matter, having been discussed sufficiently, should now be voted on.
- Closure by Compartments: Clauses of a bill or a lengthy resolution are grouped into parts before the debate begins, and the debate covers the entire part as a whole, followed by a vote.
- Kangaroo Closure: This type focuses only on important clauses for debate and voting while skipping the intervening clauses.
- Guillotine Closure: When the time allotted for discussion is over, this motion puts both discussed and undiscussed clauses of a bill or resolution to a vote.
Privilege Motion
- This motion is related to the breach of parliamentary privileges by a minister. It is moved by a member who believes that a minister has violated the privilege of the House or its members by withholding facts or providing incorrect information. The purpose of this motion is to censure the concerned minister.
Calling Attention Motion
- A member introduces this motion in Parliament to draw the minister’s attention to a matter of urgent public importance. It seeks an authoritative statement from the minister on the issue. Unlike the zero hour, this motion is mentioned in the Rules of Procedure.
No-Confidence Motion
- As per Article 75 of the Constitution, the council of ministers is collectively responsible to the Lok Sabha. This means that the ministry remains in office as long as it enjoys the confidence of the majority of Lok Sabha members. The Lok Sabha can remove the ministry from office by passing a no-confidence motion. To admit such a motion, it needs the support of 50 members.
Confidence Motion
- This motion is used in situations where governments have fragile mandates, leading to hung parliaments, minority governments, or coalition governments. These governments may be asked by the President to prove their majority in the House. In some cases, governments themselves seek to demonstrate their majority by moving a motion of confidence. If the confidence motion is rejected, it results in the government’s fall.
Motion of Thanks
- This motion is discussed in both houses of Parliament during the first session after a general election and the first session of each fiscal year. The President addresses Parliament, outlining the government’s policies and programs for the past and upcoming year. The Motion of Thanks is a way for members to debate and critique the government based on the President’s address.
No-Day-Yet-Named Motion
- This is a motion that has been admitted by the Speaker but hasn’t had a date set for discussion. The Speaker, in consultation with the leader of the House or the Business Advisory Committee, decides when to schedule the discussion for this motion.
Dilatory Motion
- A dilatory motion is used to adjourn a debate on a bill, motion, or resolution or to delay the progress of a particular business being considered by the House. It can be moved by a member at any point during a discussion. The Speaker may put the question to a vote or decline to propose the question if it’s deemed an abuse of parliamentary rules.
Point of Order
- A member can raise a point of order when the proceedings of the House deviate from the normal rules of procedure. This is typically related to the interpretation or enforcement of the House’s rules or constitutional provisions governing its business. It is a means to ensure that the rules are followed and is usually raised by an opposition member to hold the government accountable. No debate is allowed on a point of order.
Half-an-Hour Discussion
- This is a method for discussing matters of significant public importance that have already been debated and require clarification on factual aspects. The Speaker can allocate three days a week for such discussions, and there is no formal motion or voting.
Short Duration Discussion
- Also known as a two-hour discussion, this procedure is used to address urgent matters of public importance. Members of Parliament can initiate such discussions. The Speaker can allocate two days a week for these discussions, and they don’t require formal motions or voting.
Special Mention
- This is a way to raise matters that don’t fit into other categories, such as point of order, question hour, or discussions. In the Rajya Sabha, it allows members to bring up issues that require attention. In the Lok Sabha, it’s known as ‘Notice (Mention) Under Rule 377.’
Resolutions:
- Members can move resolutions to highlight matters of general public interest. There are three categories of resolutions:
- Private Member’s Resolution: Moved by a non-minister, discussed on alternate Fridays during the afternoon sitting.
- Government Resolution: Moved by a minister, can be taken up on any day from Monday to Thursday.
- Statutory Resolution: Can be moved by a private member or a minister and is tied to constitutional or statutory provisions.
- Resolutions differ from motions in that all resolutions are a form of substantive motion, but not all motions are substantive. Furthermore, resolutions are required to be voted upon, whereas motions may not necessarily require a vote.
Youth Parliament
- The Youth Parliament scheme in India was initiated based on the recommendations of the Fourth All India Whips Conference. Its primary objectives include:
- Educating younger generations about the practices and procedures of the Indian Parliament.
- Instilling values of discipline and tolerance and fostering character development among the youth.
- Teaching the student community, the fundamental principles of democracy and providing insights into the functioning of democratic institutions.
- The Ministry of Parliamentary Affairs plays a significant role in offering training and support to states to implement this scheme, which helps in achieving these objectives.
Censure Motion vs No Confidence Motion
| Aspect | Censure Motion | No-Confidence Motion |
| Purpose | To express strong disapproval of the government’s actions or policies. | To indicate a lack of confidence in the government, potentially leading to its resignation. |
| Aim | To criticize and condemn the government’s specific actions or policies without seeking its immediate removal. | To seek the immediate removal of the government from office. |
| Minimum Support Required | Typically requires a simple majority in the legislative body where it’s introduced. | Requires a significant majority, usually around 50% of the total members, in the legislative body to be admitted. |
| Discussion and Debate | May lead to a debate and discussion but does not necessarily result in the government’s resignation. | Results in a formal debate and vote, and if passed, leads to the government’s resignation. |
| Consequences | Does not require the government to resign; it serves as a strong expression of disapproval. | If passed, the government is obligated to resign and new elections or government formation is expected. |
PARLIAMENTARY PRIVILEGES
- The privileges enjoyed by members of Parliament (MPs) in India are both individual and collective. These privileges ensure the smooth functioning of parliamentary proceedings and the protection of MPs while they perform their duties. Here’s a summary of the individual and collective privileges of MPs:
Individual Privileges of MPs:
- Freedom of Speech and Expression: MPs have the right to freedom of speech and expression within the Parliament, protected by Article 105(1) of the Indian Constitution. This privilege allows them to express their views and opinions without fear of legal consequences.
- Freedom from Arrest: MPs enjoy protection from arrest in civil cases 40 days before and after the adjournment of the house and when the house is in session. This safeguard allows MPs to perform their legislative duties without interference from legal matters.
- Freedom from Appearing as a Witness: MPs are exempted from being compelled to attend court as witnesses. This exemption ensures that MPs can focus on their parliamentary responsibilities without being called away for court proceedings.
Collective Privileges of MPs:
- Immunity Within Parliamentary Premises: No person, whether a member or an outsider, can be arrested within the premises of the house without the permission of the presiding officer. This immunity ensures that parliamentary proceedings are not disrupted by legal actions within the premises.
- Non-Interference from Courts: Courts do not have the authority to investigate parliamentary proceedings or those of its committees. This privilege safeguards the independence and integrity of the legislative process.
- Control Over Access to Parliamentary Proceedings: Parliament has the authority to restrict access to its proceedings, including barring visitors. In exceptional cases of national importance, Parliament can hold secret meetings to discuss significant issues.
- Enforcement of Privileges and Contempt Powers: Both members and non-members can face reprimand, admonishment, imprisonment, suspension, or expulsion for violating Parliament’s privileges or committing acts of contempt. These measures are in place to protect the dignity and functioning of the Parliament.
- These privileges collectively help maintain the autonomy and integrity of parliamentary proceedings and ensure that MPs can carry out their responsibilities without undue interference.
LEADERS IN PARLIAMENT
Leader of the House
- In the Lok Sabha, the term “Leader of the House” refers to the Prime Minister, provided that the Prime Minister is a member of the Lok Sabha. If the Prime Minister is not a member of the Lok Sabha, a minister who is a member of the Lok Sabha and is nominated by the Prime Minister assumes the role of the Leader of the House. The Leader of the House plays a crucial role in influencing and facilitating the conduct of parliamentary business. Additionally, the Leader of the House can appoint a Deputy Leader of the House to assist in these responsibilities.
- In the Rajya Sabha, a similar position exists, known as the “Leader of the House.” This individual is a minister who is a member of the Rajya Sabha and is nominated by the Prime Minister to serve as the Leader of the House in the Rajya Sabha.
- The Leader of the House is a significant figure responsible for coordinating the government’s legislative agenda, ensuring party discipline, and managing the government’s business within the respective house of Parliament. In the United States, a comparable role is known as the “majority leader.”
Leader of the Opposition
- In each House of Parliament, there is a position known as the “Leader of the Opposition.” This position is typically held by the leader of the largest opposition party that has at least one-tenth of the total strength of the House. The leader of the Opposition plays a crucial role in a parliamentary system of government. Their main functions include providing constructive criticism of the government’s policies and actions and serving as an alternative government in waiting.
- Recognizing the importance of this role, the leaders of the Opposition in both the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977. They are entitled to the salary, allowances, and other facilities equivalent to that of a cabinet minister. In the United States, a similar role is known as the “minority leader.”
- The British political system has a unique institution called the “Shadow Cabinet.” This cabinet is formed by the opposition party to shadow and scrutinize the corresponding members in the ruling cabinet. Each member in the ruling cabinet is “shadowed” by a counterpart in the shadow cabinet. The shadow cabinet serves as an alternative government, preparing its members for future ministerial roles in case of a change of government. The leader of the Opposition is often referred to as the “alternative Prime Minister” because of their significant role in the opposition and their status as a minister, for which they are paid by the government.
Whip
- The offices of the Leader of the House and the Leader of the Opposition are not explicitly mentioned in the Constitution of India but are recognized in the Rules of the House and Parliamentary Statute, respectively. These roles play important functions in the parliamentary system.
- In contrast, the office of the “whip” is not mentioned in the Constitution of India, the Rules of the House, or a Parliamentary Statute. Instead, the role of the whip is based on parliamentary conventions within the system of parliamentary government.
- In Parliament, each political party, whether in a ruling or opposition position, appoints its own whip. The whip acts as an assistant floor leader and has the crucial responsibility of ensuring the attendance of party members in significant numbers and securing their support for or against specific issues. The whip also regulates and monitors the behavior of party members in Parliament, and members are expected to follow the directives provided by the whip. Failure to comply with these directives can result in disciplinary action. The whip is a key figure in maintaining party discipline and ensuring that members adhere to the party’s official stance on various matters.
BUDGETARY PROCESS IN PARLIAMENT
Meaning
- The term “budget” is commonly used to refer to the “annual financial statement” outlined in Article 112 of the Indian Constitution.
- According to Article 112, it is the President’s responsibility to submit the budget to the Lok Sabha. This annual financial statement covers all government transactions for a fiscal year.
- Article 77(3) delegates the task of preparing the budget, also known as the yearly financial statement, to the Union Finance Minister. The Finance Minister is responsible for shepherding the budget through Parliament.
- The budget provides an overview of the expected receipts and expenditures of the Government of India for a particular fiscal year, which typically runs from April 1st to March 31st of the following year.
Budget Making Process in Parliament
- The Union Budget is presented by the Finance Minister to Parliament annually during the Budget Session in February. It includes following essential documents:
- Annual Financial Statement: Summarizes government expenses and revenues.
- Budget at a Glance: Provides a brief overview of the budget.
- Expenditure Budget: Details spending for ministries and departments.
- Receipts Budget: Explains revenue sources (tax and non-tax).
- Finance Bill: Proposes tax law changes.
- Medium Term Fiscal Strategy Document: Sets fiscal goals over three years.
- These documents ensure transparency and accountability in India’s budgetary process. The budgetary procedure in India involves four different operations that are
- Preparation of the budget
- Enactment of the budget
- Execution of the budget
- Parliamentary control over finance
Preparation of the budget
- The Union Budget is prepared by the Finance Minister and their team at the Ministry of Finance. It involves detailed planning, analysis of economic conditions, and consultations with various ministries and departments. The finance team formulates estimates for revenue and expenditure.
Enactment of Budget
- Presentation of the Budget: The finance minister presents the budget in the Lok Sabha, the lower house of India’s Parliament. Simultaneously, a copy of the budget is placed on the table of the Rajya Sabha, the upper house. Members of Parliament receive printed copies of the budget, which allows them to study the details of the budgetary measures.
- Presentation of the Finance Bill: Alongside the budget presentation, the finance minister also presents the Finance Bill. The Finance Bill contains proposals for new taxes, changes to existing taxes, or the repeal of previous taxes. This bill is a crucial part of the budgetary process, as it outlines the taxation measures that will provide revenue for government expenditures.
- Debate on Revenue and Expenditure Proposals: After the budget presentation, members of Parliament actively engage in debates on the revenue and expenditure proposals contained in the budget. This is a significant phase where elected representatives discuss the merits and demerits of the budgetary measures, and it provides an opportunity for scrutiny and analysis.
- Grant Requests: Alongside the budget, grant requests are presented to Parliament. These grant requests highlight the estimates of expenditure for various ministries and government departments. Members of Parliament must vote on these expenditure estimates to allocate funds for different government activities.
- Cut Motions: During the budget debate, some members may propose cut motions, which are motions to reduce the proposed grants or allocations for specific ministries or programs. There are three types of cut motions: (a) Policy Cut, (b) Economy Cut, and (c) Token Cut. These motions are often used to draw attention to specific issues or to put moral pressure on the government. However, they are usually withdrawn or dropped, as their passage could be interpreted as a vote of no confidence in the government, which could trigger a political crisis.
- The entire process ensures that the budget is thoroughly examined, debated, and approved by the Parliament, allowing for parliamentary oversight and accountability in financial matters. It is a critical component of the democratic process, as it involves elected representatives in shaping the government’s fiscal policies and expenditures.
| Cut Motions |
Token Cut Motion:
Policy Cut Motion:
Economy Cut Motion:
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Article 113 and 114 provide for the presentation of various kinds of demands for grants by the Parliament. Some of them are:
- Vote on Credit: Granted for unexpected and indefinite demands upon India’s resources.
- Vote on Account: An advance grant to ensure government operations until formal approval.
- Vote on Exceptional Grants: Granted for specific special purposes.
- Supplementary Grants: Issued when the approved amount in the budget is insufficient.
- Excess Grants: Granted when expenditure exceeds the budgeted amount.
- Token Grants: Issued when funds can be reappropriated to cover new service expenditures. Typically, a nominal sum (Re 1) is proposed.
- Appropriation Bill: After the Parliament votes on grant requests, the Appropriation Bill is introduced, debated, and passed. It establishes the legal basis for the withdrawal of funds from the Consolidated Fund of India.
- Finance Bill: The Finance Bill is debated and passed, allowing for adjustments to taxation proposals and expenditures. The Finance Minister may accept or reject proposed adjustments.
- Rajya Sabha’s Role: The Rajya Sabha, the upper house of Parliament, receives both the Appropriation Bill and the Finance Bill. It has fourteen days to review and may return these bills to the Lok Sabha with or without revisions. However, the Lok Sabha may or may not accept these revisions.
- President’s Approval: The President of India is asked to sign the Finance Bill. It’s important to note that the President lacks the authority to veto the bill. Once the President signs the Finance Bill, it becomes law and is enacted.
Execution of Budget
- The execution of the budget in India begins after the Finance and Appropriation Bills are passed. Ministries and departments are authorized to collect and spend funds as per the approved budget. Ministry Secretaries oversee fund utilization. Accounts are maintained and audited by the Comptroller and Auditor General of India (CAG) to ensure transparency and financial accountability.
Types of Bills
Bills in a parliamentary system are legislative proposals that, when passed, become laws. They can be categorized into two types based on their source of origin:
Government Bill
- Introduction: A minister introduces this bill in the parliament on behalf of the government.
- Approval Probability: Government bills generally have a better chance of being approved by the parliament.
- Rejection Significance: Rejection of a government bill can be seen as a vote of no confidence in the government, which may lead to its resignation.
- Notice Requirement: It requires a seven-day notice before its introduction.
- Government Bills can further be categorized into:
- Ordinary Bills (Article 107 & Article 108): These bills are concerned with matters other than financial issues.
- Example: The National Commission for Homoeopathy (Amendment) Bill 2021, The Central Universities (Amendment) Bill 2021.
- Money Bills (Article 110): These bills deal with financial matters like taxation and expenditure.
- Example: Salary, Allowances, and Pension of Members of Parliament (Amendment) Bill 2020, Appropriation Bill, Aadhar (Amendment) Bill.
o Imposition, Abolition, Remission, Alteration, or Regulation of Taxes: Money bills can relate to the imposition, abolition, remission, alteration, or regulation of any tax. o Regulation of Borrowing of Money by the Union Government: Matters related to the regulation of borrowing money by the central government fall under the category of money bills. o Custody and Management of Funds: Money bills cover topics such as the custody of the Consolidated Fund of India or the Contingency Fund of India, as well as the payment of money into or withdrawal of money from these funds. o Appropriation of Money: Matters involving the appropriation of money out of the Consolidated Fund of India are considered money bills. o Expenditure Charged on the Consolidated Fund: Money bills may declare any expenditure that is charged on the Consolidated Fund of India or increase the amount of such expenditure. o Receipt and Management of Funds: Money bills can deal with the receipt of money on account of the Consolidated Fund of India, the public account of India, or the custody and issue of such money. They may also cover the audit of the accounts of the Union or a state. o Incidental Matters: Money bills can include any matter that is incidental to any of the matters specified above, provided it is directly related to the financial matters being addressed in the bill.
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- Financial Bill I (Article 117(1)) & Financial Bill-II (Article 117(3)): These bills also concern financial matters but differ from money bills.
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- Example: The Taxation Laws (Amendment) Bill 2021, The Tribunals Reforms Bill 2021, The Insolvency and Bankruptcy Code (Amendment) Bill 2021.
Private Member Bill
- These bills are introduced by members of parliament who are not part of the government. They have a lower probability of becoming law compared to government bills.
The admissibility of a bill introduced by a private member in the Indian Parliament is subject to specific procedures and requirements such as:
The passing of private member bills in the Indian Parliament is relatively rare due to the limited time allocated for their consideration. The last time both Houses passed a private member’s bill was in 1970, with the enactment of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill of 1968. A few other private member bills have become laws in the past, such as the Proceedings of Legislature (Protection of Publication) Bill in 1956, the Salaries and Allowances of Members of Parliament (Amendment) Bill in 1964, and the Indian Penal Code (Amendment) Bill in 1967. Private member bills play an important role in introducing diverse legislative proposals and ideas, even though they face challenges in securing passage due to the legislative schedule and priorities. |
Ordinary Bill
- President’s Recommendation: Ordinary bills do not require the President’s recommendation and can be introduced in either house of Parliament.
- Majority Requirement: They require a simple majority to be passed.
- Second House Options: After being passed in one house, the second house has several options. It can pass the bill, reject it, propose amendments, or take no action.
- Deadlock Resolution: A deadlock occurs when the second house rejects the bill, suggests unacceptable modifications, or takes no action for 180 Parliamentary days. In such cases, a joint session summoned by the President can break the deadlock.
- Pending Bill: After being notified, neither house can proceed with the pending bill.
- Presidential Assent: When a bill is presented to the President, he can either give his assent (making it law), refuse to give assent (absolute veto), return the bill to Parliament with or without consideration (suspensive veto), or take no action on the bill (pocket veto).
Money Bill
- Specific Money Issues: A Money Bill exclusively deals with certain financial matters specified under Article 110 of the Indian Constitution. These matters include:
- Imposition, abolition, remission, alteration, or regulation of any tax.
- Borrowing of money by the government.
- Custody of the Consolidated Fund of India or Contingency Fund of India (deposit or withdrawal from these funds).
- Appropriation of money out of the Consolidated Fund of India.
- Receipt of money into the Consolidated Fund of India or the Public Accounts of India.
- Declaration of any expenditure as an expenditure charged on the Consolidated Fund of India.
- Any supplementary matter related to the above.
- Money Bills are significant in that they are introduced in the Lok Sabha (the lower house) and must be approved by the Rajya Sabha (the upper house) within 14 days.
- If the Rajya Sabha does not pass it within that time, it is deemed to have been passed. The Rajya Sabha can suggest amendments, but the Lok Sabha has the final say.
| Aspect | Money Bill | Ordinary Bill |
| Introduction | Exclusively in Lok Sabha | Can be introduced in either Lok Sabha or Rajya Sabha |
| President’s Recommendation | Yes required | Not required |
| Majority Requirement | Simple majority in Lok Sabha | Simple majority in the house where it is introduced |
| Second House Involvement | Rajya Sabha can suggest amendments, but Lok Sabha has the final say | The second house (either Lok Sabha or Rajya Sabha) can pass, reject, amend, or take no action |
| Deadlock Resolution | N/A | In the case of a deadlock, a joint session can be called by the President to break the impasse |
| Pending Bill | N/A | If one house rejects or makes unacceptable modifications, or if there’s inaction for 180 days, the bill is considered dead |
| Presidential Assent Options
|
N/A | The President can give assent, refuse assent (absolute veto), return to Parliament with or without consideration (suspensive veto), or take no action (pocket veto) |
| Specific Money Issues
|
Imposition, abolition, remission, alteration, or regulation of taxes; borrowing of money by the government; custody of Consolidated Fund of India or Contingency Fund of India (deposit or withdrawal); appropriation of money from the Consolidated Fund of India; receipt of money into the Consolidated Fund or Public Accounts of India; declaring any expenditure as an expenditure charged on the Consolidated Fund of India; any supplementary matter related to the above | Ordinary bills can cover a wide range of subjects, including non-financial matters, changes to existing laws, or new legislative proposals on various topics.
|
| Time Limit for Rajya Sabha
|
The Rajya Sabha must pass it within 14 days of receipt; it cannot amend money bills but can suggest amendments
|
The second house (Lok Sabha or Rajya Sabha) can consider the bill for as long as it deems necessary, and it can propose amendments that may or may not be accepted by the first house |
| House of Origin
|
Must be introduced in the Lok Sabha; it can only be introduced in the Rajya Sabha if recommended by the President | Can be introduced in either Lok Sabha or Rajya Sabha |
Financial Bill
| Aspect | Financial Bill I | Financial Bill II |
| Introduction | Only the Lok Sabha can introduce it | Can be introduced in either Lok Sabha or Rajya Sabha |
| President’s Recommendation | Requires prior recommendation of the President for Introduction | Not explicitly mentioned |
| Similarities to Money Bill | Only the Lok Sabha has the power to introduce it | Requires prior recommendation of the President for Introduction |
| Differences from Money Bill | Can be rejected or amended by Rajya Sabha | In case of a deadlock, the President may call a joint session |
| Similarities between Financial Bill I and Financial Bill II | Both relate to financial matters, but they differ in their scope and how they are treated. They are not treated like Money Bills. | Neither requires the President’s recommendation for introduction. |
| Scope
|
Addresses non-monetary issues in addition to monetary issues listed in Article 110
|
Solely deals with provisions regarding expenditure from the Consolidated Fund of India, excluding any money bill matters (Article 110) |
| Approval by Rajya Sabha | Rajya Sabha can either reject or amend it | In the event of a deadlock, the President may call a joint session |
| Presidential Action | The President may grant consent, withhold assent, or return the bill for reconsideration (unlike Money Bills, which cannot be returned for reconsideration) | – |
Constitutional Amendment Bill
- A Constitutional Amendment Bill is a legislative proposal that aims to make changes to one or more provisions of a country’s constitution. In the context you provided, it appears to be related to the Indian Constitution.
- No Presidential Recommendation Required: Unlike money bills or financial bills, a Constitutional Amendment Bill does not require the President’s prior recommendation. Money bills are bills that deal with financial matters, and they require the President’s recommendation to be introduced in the Parliament.
- Introduction in Either House: A Constitutional Amendment Bill can be introduced in either house of the Indian Parliament, which consists of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).
- Special Majority Required: To pass a Constitutional Amendment Bill, it requires a special majority in each house of Parliament. This typically means that it needs to be approved by a majority of the total membership of each house and by a two-thirds majority of the members present and voting.
- No Joint Sitting: In the case of a deadlock between the two houses of Parliament regarding a Constitutional Amendment Bill, there can’t be a joint sitting to resolve it. A joint sitting is a mechanism used to resolve disputes between the two houses on ordinary bills but not for constitutional amendments.
- Ratification by States: If a Constitutional Amendment Bill relates to the division of powers between the central government (Centre) and the state governments (States), it must be ratified by at least half of the states. This means that a majority of state legislatures need to approve the proposed amendment.
- 24th Constitutional Amendment Act of 1971: The 24th Constitutional Amendment Act of 1971 introduced changes to the Indian Constitution. One significant change it made was that the President would grant their consent to a Constitutional Amendment Bill after it had been duly enacted by both houses of Parliament. This amendment clarified the process of amending the Constitution.
| Types of Majority |
Absolute Majority:
Simple Majority:
Effective Majority:
Special Majority:
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SOVEREIGNTY OF PARLIAMENT
- The concept of constitutional sovereignty, as opposed to parliamentary sovereignty, is a significant feature of the Indian political and legal system. In India, the Constitution is considered the supreme law of the land, and it places limitations on all organs of the state, including the Indian Parliament. Some key aspects and limitations on the sovereignty of the Indian Parliament:
- Written Nature of the Constitution:
- India has a written constitution that outlines the powers and jurisdiction of the three branches of government: the legislature, the executive, and the judiciary.
- The Indian Parliament must operate within the framework and constraints established by the Constitution. This means that it cannot make laws that are in violation of the Constitution.
- Federal System of Government:
- India operates under a federal system, which means that there is a clear separation of powers between the central government (Union) and the state governments.
- The Parliament’s legislative competence is limited to specific subjects enumerated in the Union List and Concurrent List, and it cannot legislate on subjects listed in the State List without certain exceptions and time limitations.
- System of Judicial Review:
- The Indian Parliament’s authority is limited by the presence of an independent judiciary with the power of judicial review.
- The Supreme Court and High Courts have the authority to declare parliamentary legislation invalid if it violates any provision of the Constitution.
- Limitations on Amending Fundamental Rights:
- The Indian Constitution includes a section on fundamental rights, which are justiciable and protected by the judiciary.
- Article 13 of the Constitution prohibits the state, including Parliament, from passing laws that infringe upon or abrogate fundamental rights. Any such law is considered null and invalid.
- Limited Amendment Power:
- While Parliament has the power to amend most parts of the constitution, it cannot alter the “fundamental elements of the constitution” without specific limitations and requirements.
- Certain constitutional amendments necessitate a special majority and the ratification of half of the states.
- Presidential Vetoes:
- A bill passed by Parliament in India cannot become law until it is signed by the President. The President has veto powers that can be used to limit the authority of Parliament.
- No Discussion of Judges’ Conduct in Parliament:
- Articles 121 and 211 of the Indian Constitution explicitly state that no discussion regarding the conduct of judges of the Supreme Court or High Court in the discharge of their duties can take place in the legislature of a state or in Parliament. This provision is designed to protect the independence of the judiciary.
- These limitations reflect the principles of constitutionalism, separation of powers, and judicial review that are integral to the Indian constitutional framework, ensuring that the Indian Parliament is not sovereign in the same way that the British Parliament is under the doctrine of parliamentary sovereignty. Instead, the Indian Constitution places constraints on the powers and actions of all branches of government, including Parliament.
| British Parliament – An Example of Sovereign Parliament
The British Parliament is often cited as a classic example of a sovereign or supreme parliamentary system. The key features of the British Parliament’s sovereignty, as you mentioned, are as follows:
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UPSC PREVIOUS YEAR QUESTIONS
1. Consider the following statements: (2020)
1. According to the Constitution of India a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State
2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
2. Consider the following statements: (2020)
1. The President of India can summon a session of the Parliament at such a place as he/she thinks it.
2. The Constitution of India provides for three sessions of the Parliament in a year, but it is not mandatory to conduct all three sessions.
3. There is no minimum number of days that the Parliament is required to meet in a year.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 1 and 3 only
(d) 2 and 3 only
3. Rajya Sabha has equal powers with Lok Sabha in (2020)
(a) the matter of creating new All India Services
(b) amending the Constitution
(c) the removal of the government
(d) making cut motions
4. Along with the Budget, the finance minister also places other documents before the Parliament which include “The Macro Economic Framework Statement”. The aforesaid document is presented because this is mandated by: (2020)
1. Long standing parliamentary convention
2. Article 112 and Article 110(1) of the Constitution of India
3. Article 113 of the Constitution of India
4. Provisions of the Fiscal Responsibility and Budget Management Act, 2003
5. Consider the following statements: (2021)
1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 1 and 3
(d) 2 and 3
6. With reference to the funds under Members of Parliament Local Area Development Scheme (MPLADS), which of the following statements are correct? (2020)
1. MPLADS funds must be used to create durable sets like physical infrastructure for health, education, etc.
2. A specified portion of each MP fund must benefit SC/ST populations.
3. MPLADS funds are sanctioned on yearly basis and the unused funds cannot be carried forward to the next year.
4. The district authority must inspect at least 10% of all work under implementation every year.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 3 and 4 only
(c) 1, 2 and 3 only
(d) 1, 2 and 4 only
