Indian Parliament (1)

Parliament-

Parliament of India is the highest legislative body of India and also the supreme representative authority of the people

Background-

Parliament in India saw its beginning since 1858

1858: By the Government of India Act of 1858 the powers of the Crown were to be exercised by the Secretary of State for India assisted by a Council of India

Through various acts like The Indian Council Act of 1861, Indian Councils Act of 1892, Indian Councils Act of 1909 etc. the structure of legislature went through many changes

Finally after independence and formation of our constitution, the structure of Indian parliament attained its maturity

Article 79 to 122 in Part V of our constitution provides details about structure, composition and functions of our parliament

The Indian Constitution provides for a bicameral Parliament, which has two Houses known, as the upper House (Rajya Sabha) and the House of people (Lok Sabha)

Names of Rajya sabha- Second Chamber,House of Elders and upper House

Names of Lok sabha- House of people,  Lower House and  First Chamber

Article 79 - There shall be a Parliament for the Union which shall consists of the President and two Houses to be known respectively as the Council of States and the House of the People

Which means that president is also considered as part of Parliament

Article 80 - Composition of the council of state /Rajya sabha

The maximum strength of Rajya Sabha is 250 

Out of 250 members 238 members are representatives of the states & UTs, means indirectly elected members and 12 are nominated by the President

What is the present strength of Rajya sabha ?

At present in total there are 245 members and out of these-

229 members are indirectly elected members from states

4 are indirectly elected members from Union territories

12 are nominated by President

Indirect election of members from state and UT –

In case of States: Representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies and seats to the states are allotted on the basis of population (unlike USA where all states have same seats)

In case of Union Territory: The representatives of each UTs in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose

There is use of proportional representation by means of the single transferable vote for voting

Note : At present only  Delhi, Puducherry and Jammu & Kashmir have representation in Rajya Sabha and other UTs does not have sufficient population

Nomination by President-

12 members are nominated by President

These 12 members are those who have special knowledge or practical experience in art, literature, science and social service.

Article 81 - Composition of the Lok sabha-

Maximum strength of Loksabha is 552(530 elected members from state, 20 from UTs + 2 Nominated members)

Current strength of Lok Sabha-

The current strength of Lok Sabha is 543(530 from states and 13 from UTs)

104 Constitutional Amendment Act-

This act ceased the reservation of seats for the Anglo-Indians in the Lok Sabha and State Legislative Assemblies and extended the reservations for SCs and STs for up to ten years

Reservation for SC & ST-

Constitution of India provided for reservation for SC & ST, initially for 10 years, which was extended subsequently

The election to reserved seats is not to made on the basis of separate electorate

104^th constitutional amendment act 2019 extended this reservation for further 10 years till 2030

Direct elections of members from state and UT-

The representatives of states in the Lok Sabha are directly elected by the people from the territorial constituencies in the states.

In general it usually takes place after every five year on the basis of universal adult franchise

61st Constitutional Amendment Act, 1988 –

Before this amendment the minimum voting age in India was 21 year

 Through this amendment the voting age was reduced from 21 to 18 years

Territorial constituencies-

Under article 82 upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each state into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine

Each state is divided into number of small constituency and eachy constuency is formed on the basis of recent census in such a manner that ratio between the population (preceding census)of each constituency and the number of seats allotted to it is the same throughout the state.

To make adjustment to the boundaries of this constituency there is delimitation commission which looks into readjustment of these boundaries after every census

Till now delimitation commission was formed 4 times i.e. 1952, 1962, 1972 and 2002

84^th and 87^th constitutional amendment act

84^th constitutional amendment act 2001 provided that there will be no readjustment of the boundaries till 25 years i.e. 2026

87^th constitutional amendment act 2003 provided that present delimitation of the constituencies is to be made on the basis of 2001 census instead of census of 1991

Till now as we have discussed that in Rajyasabha there is proportional representation system but not in case of Loksabha, let’s find out some of the reasons for that

What is proportional representation-?

It refers to the system in which seats in the parliament is in the proportion to the votes cast

In India following elections are done through proportional representation –

Election of president

Election of vice president

Election of Rajyasabha

Drawbacks of this system-

The Proportional Representation System dilutes and eliminates intimate contacts between voters and representatives.

It promotes minority thinking and group interests.

It is bit complicated system; therefore voters may have difficulty to understand it

Under this system we cannot have bye elections

There is possibility of increasing large number of political parties

Due to increase in party system there is less focus on voters

Along with these, this system is highly expensive

First past and post system-

It is the most famous election method used in India

Under this system the candidate securing more votes is declared as winner

It is bit simple system as comparison to proportional system

It is also called as plurality system

Duration of Both houses-

Duration of houses of the parliament is mentioned under Article 83

Lok Sabha-

The normal term of Lok Sabha is five years but it can be increased or decreased in following scenarios-

Increase-

It can be increased during emergency for one year at a time. But it will not exceed six months after the emergency is over.

Decrease-

President, on the advice of the Council of Ministers, may dissolve it before the expiry of five years.

Rajya Sabha-

Rajya Sabha is a permanent body and it is not subjected to dissolution

There was no provision in constitution regarding the term of rajyasabha and parliament have power to define its term

Therefore the term of Rajyasabha was made 6 years under Representations of peoples act 1951

the act also authorised the President to make provisions to govern the order of retirement of the members of the Rajya Sabha

One-third of its members retire after every two years

Can the retired member of Rajyasabha re contest or renominated to rajyasabha ?

Yes they can, there is no bar on re contesting or re nomination of members to rajyasabha

Qualifications and disqualifications of members of the both houses (Article 84)-

(a) She/he must be a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;
(b) Age –

In rajya sabha or the Council of States, not less than thirty years of age

In the case of Loksabha or the House of the People, not less than twenty-five years of age
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament

On the basis of Clause c stated above, the parliament have added Two more provisions related to Qualification through Representation of peoples act 1951

1. He must be registered as an elector for a parliamentary constituency (both in case of  the Rajya Sabha and the Lok Sabha).

2. He must be a member of a SC or ST in any State or UT, if he wants to contest a seat reserved for them.

Disqualifications-

Provisions related to disqualification of members are mentioned under Article 102 of the constitution

A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament

(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder

(b) if he is of unsound mind and stands so declared by a competent court

(c) if he is an undischarged insolvent;

(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;

(e) if he is so disqualified by or under any law made by Parliament

(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule(Anti defection)

Decision of the President (after consulting election commission) is final on the question, whether a member is subject to any of the above disqualifications.

On the basis of Clause 1(e) stated above, the parliament have added following provisions related to disqualification, through Representation of peoples act 1951-

He must not have been found guilty of certain election offences or corrupt practices in the elections.

He must not have been convicted for any offence resulting in imprisonment for two or more years. However, the detention of a person under a preventive detention law is not a disqualification.

He must not have failed to lodge an account of his election expenses within the time.

He must not have any interest in government contracts, works or services.

He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.

He must not have been dismissed from government service for corruption or disloyalty to the State.

He must not have been convicted for promoting enmity between different groups or for the offence of bribery.

He must not have been punished for preaching and practising social crimes such as untouchability, dowry and sati

Anti defection-

Oath and Affirmations-

Before performing any duty of the parliament every member of the Parliament has to take an oath before President or some person appointed by President

The speaker or deputy speaker do not make any spate oath or affirmation while performing the duty of speaker or deputy speaker

Salaries and allowances-

Salaries of all the members of parliament including Speaker and deputy speaker of Loksabha and Chairman and deputy chairman of rajay sabha are determined by Parliament

Salaries of Speaker, Deputy Speaker of Lok Sabha and Chairperson, Deputy chairperson of Rajya Sabha  are charged on consolidated fund of India

Vacancy of Seat-

There are following scenarios in which there can be vacancy of seat in parliament-

Absence-

If a member is absent from all its meetings for a period of sixty days without its permission

Resignation/death-

A member may resign by writing to the Chairman(Rajya Sabha) or Speaker(Lok Sabha), as the case may be.

Disqualification-

Seat becomes vacant if someone is disqualified on the grounds as discussed above

Election-

Seat can becomes vacant if elections are declared void(can be declared by High court) or she/he is elected as president or vice president or governor

Dual membership-

A person cannot remain member of either both the houses of parliament or Parliament and state legislature at the same time

If a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve. In the default situation, his seat in the Rajya Sabha becomes vacant.

If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant.

If a person is elected to two seats in a House, he should exercise his option for any of one seat. By default case, both seats become vacant

If a person is so elected, his seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days.

Leaders in Parliament-

Leader of the house-

Offices of the leader of the House not mentioned in the Constitution of India, they are mentioned in the Rules of the House and as per rules of Loksabha leader of the house is either prime minister or minister (member of Loksbha) nominated by prime minister

In rajyasabha the leader is the minister belonging to rajyasabha and nominated by prime minister

Leader of opposition-

Leader of the Opposition not mentioned in the Constitution of India, but mentioned in Parliamentary Statute and she/he should be member of the house

The leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House is recognised as the leader of the Opposition in that House

Official leader of the opposition was recognised for the first time in 1969. LoP in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977

Presiding officers of the parliament-

Speaker Pro Tem-

The speaker pro term is appointed by president for short period of time just before electing permanent speaker

The speaker pro term presides over the first sitting of the newly elected House

The speaker pro term has all powers of speaker but her/his main duty is to administer oath to the new members of the House.

Oath to speaker pro term is administered by the president

Speaker of Loksabha-

Background-

The institution of Speaker and deputy speaker came into existence in 1921 through Montague-Chelmsford Reforms (government of India act 1919) and were called as President and vice president and designation were changed to speaker and deputy speaker through government of India act 1935

Some facts-

Frederick Whyte was the 1^st speaker of british India (1921)

Sachidanand Sinha was 1^st deputy speaker of british India (1921)

Vithalbhai J. Patel was the first Indian and the first elected Speaker of central legislative assembly in 1925

G.V. Mavalankar and Ananthasayanam Ayyangar were the first Speaker and the first Deputy Speaker of the Lok Sabha after independence

Election of Speaker-

The date of election of speaker is fixed by President and the speaker is elected by Loksabha amongst its members

Tenure of office of speaker-

Speaker remains in office during the life of loksabha

Vacancy and removal of Speaker

Speaker’s office become vacant if he Resign to Deputy Speaker or ceases to be a member of Loksabha or removed from his office by passing the appropriate procedure

Removal of Speaker-

Speaker is removed from her or his office by resolution passed by majority of all then members of the Lok Sabha. (i.e. Absolute majority)

Resolution for removal can be moved only after giving 14 days’ advance notice.

The motion of removal can be considered and discussed only when it has the support of at least 50 members of the House.

When a resolution for the removal of the Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present.

However, he can speak and take part in the proceedings of the House at such a time and vote in the first instance, not the casting vote.

Sources of powers of Speaker-

The Speaker of the Lok Sabha derives his/her power from three sources-

The Constitution of India

The Rules of Procedure and Conduct of Business of Lok Sabha

Parliamentary Conventions

Functions of Speaker-

She/he is final interpreter of constitution of India

She/he can adjourn the proceedings of the House or suspends the meeting in absence of a quorum

Although Speaker does not vote in the first instance but she/he exercises a casting vote in case of a tie

Speaker decides whether a bill is a money bill or not and his decision on this question is final.

Speaker decides the disqualification of members on the ground of defection

Speaker appoints the chairman of all the parliamentary committees of the Lok Sabha and supervises their functioning.

Speaker is the chairman of Business Advisory Committee, rules Committee and general purpose committee.

Speaker maintain the decorum and proper functioning of parliament

The Speaker is the ex-officio chairman of the Indian Parliamentary Group (IPG)

Independence and impartiality of Speaker-

Speaker is provided with a security of tenure.

Work and conduct of the speaker cannot be discussed and criticized in the Lok Sabha except on a substantive motion

Salaries and allowances are charged on the Consolidated Fund of India and are fixed by Parliament

He is given a seventh rank in the order of precedence, along with the Chief Justice of India.

Speaker has a higher rank than all cabinet ministers, except the PM or Deputy PM

Speaker can only be removed from his office on the grounds and procedure mentioned in our constitution

Act done by speaker to perform her/his duty is out of the preview of the judiciary

Deputy speaker-

Constitution provides for the office of deputy speaker along with speaker

Deputy speaker is not subordinate to the speaker and she/he is directly responsible to the house

When the Speaker is presiding over the House, the Deputy Speaker is like any other ordinary member of the House

Election of Deputy speaker-

Date of election of Deputy Speaker is decided by speaker, which means that she/he is elected after the election of the speaker

He is also elected by the Lok Sabha itself from amongst its members

Term of office of deputy speaker-

Like the Speaker, the Deputy Speaker remains in office usually during the life of the Lok Sabha

Salary and allowances-

The salary and allowance of Deputy Speaker is fixed by Parliament and is charged on the Consolidated Fund of India.

Removal of deputy speaker-

The Deputy Speaker is removed by a resolution passed by a majority of all the then members of the Lok Sabha (Absolute majority) and Such a resolution can be moved only after giving 14 days’ advance notice.

When a resolution for the removal of the Deputy Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present.

Resignation - Deputy speaker submits her/his resignation to the Speaker

Powers and functions-

He act as speaker in the absence or vacancy of speaker

Similar to function of speaker when Deputy Speaker presiding over the House as Speaker, he can only exercise a casting vote in the case of a tie and cannot vote in the first instance

When he is appointed as a member of a parliamentary committee, he automatically becomes its chairperson

Panel of Chairpersons of Lok Sabha-

This provision is provided under the rules of Lok sabha

 The Speaker nominates from amongst the members a panel of not more than ten chairpersons.

If Speaker or Deputy Speaker is absent then any person among this panel preside over the house

The appointed person has same power as that of speaker

What if the member of the panel of chairpersons is also not present?

In that case any other person as determined by the House acts as the Speaker

Note – member from this panel cannot act as speaker if there is vacancy to the office of speaker and in that case he Speaker’s duties are to be performed by such members of the House as the President may appoint for the purpose.

Chairman and deputy chairman of Rajya sabha-

Chairman-

She/he is the presiding officer of rajyasabha

The presiding officer of Rajya sabha is not selected amongst elected or nominated members of the rajyasabha rather Vice President of India is its ex officio Chairman

During any period when the Vice-President acts as President or discharges the functions of the President, he does not perform the duties of the office of the Chairman of Rajya Sabha

Vacancy and Removal-

Vacancy in office of chairman is similar to the vacancy that can occur in the office of vice president

Note – Chairman submits her/his resignation to the President not to the deputy chairman (in loksabha speaker submits to deputy speaker)

She/he is removed from his office if she/he is removed from the office of Vice president; therefore we can say that procedure of his removal is same as that of of vice President

Salaries and allowances –

It is similar to that of Speaker of Loksabha and decided by parliament

Salaries and allowances are charged on consolidated fund of India

Functions-

Functions of chairman is similar to that of Speaker in Lok Sabha

Chairman also cannot vote in the first instance (similar to Speaker). He too exercises casting vote.

Presiding and Voting powers when resolution for her/his removal is under consideration-

The Vice-President cannot preside over a sitting of the Rajya Sabha as its Chairman when a resolution for his removal is under consideration.

While the Speaker can vote in the first instance when a resolution for his removal is under consideration of the Lok Sabha, chairman cannot vote in the first instance because he is not member of the Rajya Sabha

Difference between Speaker of Loksabha and Chairman of Rajyasabha-

While speaker is member of the concerned house but chairman is not member

The Speaker decides whether a bill is a money bill or not and his decision on this question is final but chairman have no such power

The Speaker presides over a joint sitting of two Houses of Parliament while chairman can not

While the Speaker can vote in the first instance when a resolution for his removal is under consideration of the Lok Sabha but Chairman cannot vote in such instances

Deputy Chairman of Rajyasabha-

The Deputy Chairman is elected by the Rajya Sabha itself from amongst its members, therefore unlike chairman; deputy chairman is member of the house

Vacancy and removal of Deputy Chairman-

The office deputy chairman can become vacant in following cases-

if he ceases to be a member of the Rajya Sabha

if he resigns by writing to the Chairman of the Rajya Sabha

if he is removed by a resolution in Rajya Sabha

Removal –

Removal is done through passing a resolution by giving 14 days advance notice to the deputy chairman

This resolution should be passed by Absolute majority in the Rajya sabha i.e.  majority of all the then members of the Rajya Sabha 

Functions-

The Deputy Chairman performs the duties of the Chairman’s office when it is vacant, absent or when the Vice-President acts as President or discharges the functions of the President.

When the Chairman presides over the House, the Deputy Chairman is like any other ordinary member of the House. He can speak in the House, participate in its proceedings and vote on any question before the House.

When a resolution for the removal of the Deputy Chairman is under consideration of the House, he cannot preside at the sitting of the House, though he may be present.

When the Deputy Chairman is presiding over the House, he can only exercise a casting vote and cannot vote in the first instance

Panel of vice- Chairperson of Rajyasabha-

This provision is provided under the rules of Rajya sabha

 The Chairman nominates from amongst the members a panel of  vice-chairpersons.

If chairman or vice chairman is absent then any person among this panel preside over the house

The appointed person has same power as that of chairman

What if the member of the panel of vice chairpersons is also not present?

In that case any other person as determined by the House acts as the chairman

Note – member from this panel cannot act as chairman if there is vacancy to the office of chairman and in that case he chairmans’s duties are to be performed by such members of the House as the President may appoint for the purpose.

Secretariat of Parliament (Article 98)-

This article sats that-

(1)Each House of Parliament shall have a separate secretariat staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament

(2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament

At preset –

The secretariat of each House is headed by a secretary-general.

He is a permanent officer and is appointed by the presiding officer of the House

Whip-

Whip is neither mentioned in Constitution of India nor in the Rules of the House nor in a Parliamentary Statute.

It is made on the basis of convention of parliament

Every political party, whether ruling or Opposition has its own whip in the Parliament which is known as floor leader in parliament

The function of whip is to Ensuring the attendance of party members, securing their support and regulating their behavior in the parliament

Sessions of Parliament-                                                    

There are usually three sessions in a year –

Budget Session from February to May and it is longest of all sessions

Monsoon Session from July to September

Winter Session from November to December

Joint Session of Parliament-

This provision is mentioned under Article 108 of the constitution

And under this Loksabha and Rajya sabha sits together to resolve any dead lock between the two

The joint sitting is called by the President and is presided over by the Lok Sabha Speaker

Who presides over joint sitting in absence of Speaker?

In the speaker’s absence, the Deputy Speaker(if he is also absent then Deputy chairman(not chairman ) of Rajysabaha) of the Lok Sabha presides over the meeting.

Lame Duck Session-

It is the last session of the existing Lok Sabha, after a new Lok Sabha has been elected

Quorum of the house-

It refers to the minimum number of the members required to be present for conducting a meeting of the house.

It is one- tenth of the total number of members in each House including the presiding office

Which means 55 member and 25 members for Loksabha and Rajyasabha Respectively

Summoning-

It involves calling all members of the Parliament to meet

It is mentioned under Article 85 of the constitution

 Who summons each House of the Parliament from time to time?

The President summons but the maximum gap between two sessions of Parliament cannot be more than six months

Adjournment-

It refers to the suspension of the working of the house of specific period like hour, days etc.

Adjournment sine die: Refers to the suspension of the house for indefinite time

The power of adjournment and adjournment sine die lies with the Speaker (in Loksabha) and Chairman in Rajya sabha

It only terminates a sitting and not a session of the House and does not affect the bills etc. pending in the house

Prorogation-

It refers to the termination of a sitting as well as the session of the House

It is done by President of India

It also does not affect the bills or any other business pending before the House but all pending notices (other than those for introducing bills) lapse on prorogation

Note- It can be done be done by President through a notification during the session or can be done once after Presiding officer have declared Adjournment sine die

Dissolution-

It refers to ending the very life of the existing House, and a new House is constituted after general elections are held.

Only the Lok Sabha is subject to dissolution not rajya sabha because Rajya sabha is a permanent body

It can take place due to two reasons-

On the expiry of tenure of 5 years of existing government or house, known as automatic dissolution

Before 5 years by the order of President on certain grounds

Consequences of Dissolution-

Due to Dissolution there is lapse of all business including bills, motions, resolutions, notices, petitions and so on pending before it or its committees

However, some pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not lapse

Position of Different bills due to dissolution-

The Bills which lapses-

Bills pending in the Lok Sabha (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha)

Bills passed by the Lok Sabha but pending in the Rajya Sabha

The Bills which does not lapses-

Bill not passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha.

Bill pending in the Rajya Sabha but not passed by the Lok Sabha.

Bill passed by both Houses but pending assent of the president.

Bill passed by both Houses but returned by the president for reconsideration of Houses.

Languages in Parliament-

The Constitution has declared Hindi and English to be the languages for transacting business in the Parliament.

However, the presiding officer can permit a member to address the House in his mother-tongue

Devices of Parliamentary proceedings-

Question Hour-

It is the 1^st hour of every parliamentary sitting

 It is mentioned in the Rules of Procedure of the House

It was initially initiated by Indian Council Act 1892.

Types of questions-

Starred question-

This question requires an oral answer and hence supplementary questions can follow

Only 20 questions can be listed fororal answer on a day.

Unstarred question-

This question requires a written answer and hence, supplementary questions cannot follow.

Only230 questions can be listed for written answer on a day

Short notice question-

This question is one that is asked by giving a notice of less than ten days. It is answered orally, followed by supplementary questions

It relates to a matter of urgent public importance

The Question to a Private Member

-The Question to a Private Member is addressed to the Member herself/ himself and it is asked when the subject-matter of it pertains to any Bill, Resolution or any matter relating to the Business of the House for which that Member is responsible

Notices of Questions -

A Member gives notice in writing addressed to the Secretary-General, Lok Sabha, intimating one’s intention to ask a question

Half-an-Hour Discussion

When answer to a question, whether Starred or Unstarred, needs elucidation on amatter of fact, any Member can table a notice for raising a Half-an-Hour Discussion thereon.

If the notice is admitted and gets priority in ballot, such a discussion may beallowed by the Speaker.

Normally, such discussions are held on three days in a week, viz., Monday, Wednesday and Friday, except in Budget Session

Zero Hour-

It is an Indian innovation and it is not mentioned in the parliamentary rules

The time gap between the question hour and the agenda is known as zero hour

Under this, the Members of Parliament (MPs) can raise matters without any prior notice

Short Duration Discussion-

This device has been in existence since 1953

The members of the Parliament can raise such discussions on a matter of urgent public importance

Point of Order-

A member can raise a point of order when the proceedings of the House do not follow the normal rules of procedure

It is usually raised by an opposition member in order to control the government

It is an extraordinary device which is use to suspend the proceeding of the house

There is no provision of debate on point of order

Special mention-

A matter which is not a point of order or which cannot be raised during question hour, half-an hour discussion, short duration discussion or under adjournment motion, calling attention notice or under any rule of the House can be raised under the special mention in the Rajya Sabha

In loksabha it is known as Notice mention

Resolution-

A Resolution is a formal expression of the sense, will or action of the Legislative Body.  

Resolutions are always formally voted upon an all resolutions can be viewed as substantive motion

Resolutions may be broadly divided as follows-

Resolutions which are expression of opinion by the House- 

The purpose of such a Resolution is merely to obtain an expression of opinion of the House

The Government is not bound to give effect to the opinions expressed in these Resolutions.

Private members resolution-

This is moved by a private member

It is discussed only on alternate Fridays and in the afternoon sitting

Resolutions which have statutory effect-

The notice of a Statutory Resolution is given in pursuance of a provision in the Constitution or an Act of Parliament.  

Such a Resolution, if adopted, is binding on the Government and has the force of law.

Resolutions which the House passes in the matter of control over its own proceedings-

  It has the force of law and its validity cannot be challenged in any court of law.  

The House, by such a Resolution, evolves, sometimes, its own procedure to meet a situation not specifically provided for in the Rules.

 Government Resolution-

This is moved by a minister and has better chances to get passed

It can be taken up any day from Monday to Thursday

Legislative Procedure in Parliament-

What is bill?

A bill is a proposal for legislation 

It become act or law if it is passed by the parliament

There are different types of Bills –

Public bills- Introduced by government

Private bills – Introduced bt Private member

Ordinary bills- concerned with any matter other than financial subjects 

Money bills and financial bills – They are related to financial matters

Constitution Amendment Bills – to amend the provisions of the constitution

Consolidating Bills - Bills which seek to consolidate existing laws on a particular subject

 Repealing Bills - Bills seeking to repeal existing Acts

Note: Introduction of Public bills requires 7 days prior notice and Private bills require 1 month prior notice

Let’s discuss important bills in Detail-

Ordinary Bills-

It can be introduced either by minister or any other member

Every ordinary bill has to pass through the following stages-

1. 1^st stage or reading-

It includes introduction of the bill and publication in gazette of India

2.2^nd reading or stage-

In this stage there is general and detailed scrutiny of the bill and have following steps-

It may take the bill into consideration immediately or on some other fixed date.

It may refer the bill to a select committee of the House.

It may refer the bill to a joint committee of the two Houses

It may circulate the bill to elicit public opinion.

If bill is referred to Committee stage then-

The committee examines the bill thoroughly and in detail, clause by clause.

It can also amend its provisions, but without altering the principles underlying it.

After this bills are taken into consideration and each clause is discussed and voted upon separately

3.3^rd stage or reading-

The third stage is confined to the discussion on the motion that the Bill be passed and the Bill is passed/rejected either by voting or voice vote

Bill in the Second House-

In 2^nd house bill also goes through similar three stages discussed above

Second house have following options-

To pass the bill without amendment (then it is sent to president)

To pass the bill with amendments and return it to the first House for reconsideration (if accepted by the 1^st house then it is sent to the president and in case of non acceptance there is deadlock)

To reject the bill (deadlock situation)

To keep the bill pending maximum for 6 months (after 6 months deadlock situation)

Note – in case of money bill there are different provisions regarding passing of bill which will be discussed under money bills

Case-1

If there is no deadlock (as discussed above ) then bill is presented before president for her/his assent

The President may:

Give his assent to the bill.

Withhold his assent to the bill.

Return the bill for reconsideration of the Houses (suspensive veto)

Note : if bills is again passed by the houses then president have to give her/his assent

Case – 2

If there is Deadlock (as discussed above)-

Under 108, Constitution provided an extraordinary machinery of joint sitting to resolve a deadlock between the two Houses over the passage of a bill.

In this situation the president has power to summon both the Houses to meet in a joint sitting

As discussed previously that joint sitting is Presided by Speaker of Loksabaha and in his absence deputy speaker and in case of absence of the both then vice chairman of Rajyasabha

If even vice chairman is also absent then such other person as may be determined by the members present at the joint sitting, presides over the meeting

Provision of joint sitting is applicable to ordinary bills or financial bills only and not applicable to Money bills and constitutional amendment bills

If the dispute bill has already lapsed due to the dissolution of the Lok Sabha, no joint sitting can be summoned, except the President has notified his intention to summon such a sitting

Quorum for joint sitting– 

one-tenth of the total number of members of the two Houses.

Can new amendments be proposed to existing bill in joint sitting?

Yes it can be done only in 2 cases-

Those amendments that have caused final disagreement between the Houses.

Those amendments that might have become necessary due to the delay in the passage of the bill.

Bill is passed by Simple majority and governed by procedure of Loksabha (not Rajya sabha)

Joint sitting till now-

3 times –

1961 – Dowry prohibition bill (Lok Sabha was disagreed with proposed amendments)

1978 – Banking services commission reform bill (rejected by Rajya Sabha)

2002 – Prevention of terrorism bill (Rajya Sabha rejected the bill)

Money Bills-

Provision related to money bill is specifically mentioned under Article 110 of our constitution

Article 110- Definition of Money Bill

(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;

(c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;

(d) the appropriation of moneys out of the consolidated Fund of India;

(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

(g)any matter incidental to any of the matters specified in sub clause (a) to (f)

2^nd clause of this Article discuss about that there are some matters which cannot be considered as money bills and these are as follows-

Imposition of fines or other pecuniary penalties

The demand or payment of fees for licences

Fees for services rendered, or

By reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes

Who decides that a bill is money bill or not?

If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People (Loksabha) is final

Such decision cannot be questioned in any court of law or in either the House of Parliament or even the president.

Features of Money bill-

Money bills can only be introduced in the Lok Sabha on the recommendation of the president.

Money bill is considered to be a government bill and so it can be introduced only by a minister.

Rajya Sabha cannot reject or amend a money bill, can only make the recommendations.

Rajya Sabha must return the bill to the Lok Sabha within 14 days, whether with or without recommendations.

The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha.

What if Rajya Sabha fails to return the bill to the Lok Sabha within 14 day ?

If the Rajya Sabha fails to return the bill to the Lok Sabha within 14 days, the bill is deemed to have been passed by both the Houses in the form originally passed by the Lok Sabha.

Money bill before President-

When a money bill is presented to the president, he may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for reconsideration of the Houses.

Normally, the president gives his assent to a money bill as it is introduced in the Parliament with his prior permission.

Finance bill-

These bills are related to financial matters

All money bills are financial bills but all financial bills are not money bills.

Only those financial bills are money bills which contain exclusively those matters which are mentioned in Art. 110 of the Constitution.

Financial Bill-I-

Article 117(1) deals with Finance Bill 1 and it state that-

A Bill or amendment making provision for any of the matters specified in clause ( 1 ) of article 110 shall not be introduced or moved except on the recommendation of the President

Bill making such provision shall not be introduced in the Council of States

Provided that no recommendation shall be required for the moving of an amendment making provision for the reduction or abolition of any tax

What does this mean?

It means that-

It has some provisions similar to Money bill and they are-

Both of them can be introduced only in the Lok Sabha and not in the Rajya Sabha

Both of them can be introduced only on the recommendation of the president.

Some provisions similar to ordinary bill-

It can be either rejected or amended by the Rajya Sabha(except that an amendment other than for reduction or abolition of a tax cannot be moved in either House without the recommendation of the president i.e.,

In case of a disagreement, the president can summon a joint sitting of the two Houses to resolve the deadlock.

When the bill is presented to the President, he can either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration of the Houses

Note : The recommendation of president is not required for moving an amendment to finance bill (I) making provision for the reduction or abolition of a tax as discussed above

Financial Bill-II-

Article 117(3) deals with Finance Bills-II

It contains provisions involving expenditure from Consolidated Fund of India but are not included in Article 110.

It is treated as an ordinary bill and in all respects and it is governed by the same legislative procedure which is applicable to an ordinary bill except one unique feature and that is -it cannot be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill.

Difference between Ordinary bill and money bill-

Article 112 – Annual Financial statement-

The term “budget” has nowhere been used in the Constitution rather refers to the budget as the “annual financial statement” under Art. 112

As per article 112 budget contain statement of the estimated receipts and expenditure of the Government of India

Before independence Railway budget was separated from main budget in 1926 on the recommendation of Ackworth Committee Report (1921)

In 2017 Both Railway and general budget were again merged together

Provisions related to budget-

The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year

The estimates of expenditure embodied in the annual financial statement shall show separately

(a) the sums required to meet expenditure described by the Condition as expenditure charged upon the Consolidated Fund of India; and

(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of India, and shall distinguish expenditure on revenue account from other expenditure

No demand for a grant shall be made except on the recommendation of the President.

No money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law.

No money bill imposing tax shall be introduced in the Parliament except on the recommendation of the President, and such a bill shall not be introduced in the Rajya Sabha.

No tax shall be levied or collected except by authority of law.

Parliament can reduce or abolish a tax but cannot increase it.

What is expenditure charged on the Consolidated Fund of India?

It is specifically defined under Article 112(3)-

The following expenditure shall be expenditure charged on the Consolidated Fund of India

(a) the emoluments and allowances of the President and other expenditure relating to his office;

(b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People;

(c) debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;

(d)(i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court,

(ii) the pensions payable to or in respect of Judges of the Federal Court,

(iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercises jurisdiction in relation to any area included in a Governors Province of the Dominion of India;

(e) the salary, allowances and pension payable to or in respect of the Comptroller and Auditor General of India;

(f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;

(g) any other expenditure declared by this Constitution or by Parliament by law to be so charged

The expenditure charged on the Consolidated Fund of India shall not be submitted to the vote of Parliament. However, it can be discussed by the Parliament

Stages of Budget enactment-

1. Presentation of budget.

It is usually presented by finance minister in February of every year (1^st February since 2017) in loksabha and consists of-

Budget Speech, Annual Financial Statement, Demands for Grants, Appropriation Bill, Finance Bill, Expenditure Budget, Receipts Budget etc.

General discussion-

It takes place after few days of its introduction in both the houses of parliament

No cut motion can be moved nor can the budget be submitted to the vote of the House.

Scrutiny of Departmental committees-

This is the 3^rd stage and under this there are 24 departmental standing committees which examines the budget in detail

These committees submits their report to both the houses after examining the budget

Voting on Demands for grants-

This is the 4^th stage of budget

What are demands for grants –

Demand for Grants is the form in which estimates of expenditure from the Consolidated Fund, included in the annual financial statement and required to be voted upon in the Lok Sabha

These demands are presented ministry wise

Voting is confined to the votable part of the budget and Rajya sabha has no power of voting the grants

The demands becomes grants after it has been dully voted (each voted separately)

There are different types of motions like policy cut motion, economy cut motion and token cut motion which are moved to reduce or cut the demand

Passing of Appropriation bill(5^th stage)-

Appropriation bills is related to withdrawal of money from consolidated fund of India

The money which is required to the grants that were voted on by the Lok Sabha and to the expenditure charged on the Consolidated Fund of India are withdrawn by passing this bill

There is no provision of amendment to the appropriation bill in either house of the Parliament that will vary the amount or altering the destination of any grant voted, or of varying the amount of any expenditure charged on the Consolidated Fund of India.

Vote on account-

It is mentioned under article 116 of our constitution

It refers to advancement of some money till the passing of budget so that normal functioning of the government does not hamper

Time period-

The Vote on Account was used to be obtained for two months only. But during an election year or when it was anticipated that the main Demands and Appropriation Bill will take longer time than two months, the Vote on Account was obtained for a period exceeding two months.

There are 2 other grants mentioned under Article 116

Votes of credit-

It is like a blank cheque given to the Executive by the Lok Sabha

It is granted for meeting an unexpected demand upon the resources of India, due to the magnitude or the indefinite character of the service

The demand cannot be stated with the details ordinarily given in a budget

Exceptional grant –

Grant which forms no part of the current service of any financial year

Other than these there is one grant-

Excess Grant –

 It is granted when money has been spent on any service during a financial year in excess of the amount granted for that service in the budget for that year.

As it involves spending extra money therefore it must beapproved by the Public Accounts Committee of Parliament.

Passing of Finance bill (6^th stage)-

The Finance Bill is introduced to give effect to the Government’s taxation proposals

Parliament has to pass the Finance Bill within 75 days of its introduction

The amendments can be moved in the case of the finance bill.

Certain provisions in the Bill relating to levy and collection of fresh duties or variations in the existing duties come into effect immediately on the expiry of the day on which the Bill is introduced by virtue of a declaration under the Provisional Collection of Taxes Act

Funds –

There are three types of Funds mentioned in our constitution –

Article 266-

266(1) Consolidated Fund of India

266(2) Public Account of India

Article 267 - Contingency Fund of India

Article 266-

Consolidated Fund of India

It contain-

The whole or part of the net proceeds of certain taxes and duties to States

All revenues received by the Government of India

All loans raised by that Government by the issue of treasury bills, loans or ways and means advances

All moneys received by that Government in repayment of loans

No moneys out of the Consolidated Fund of India can be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution

266(2) Public Account of India -

 All other public moneys received by or on behalf of the Government of India

Includes provident fund deposits, judicial deposits, savings bank deposits, departmental deposits, remittances etc.

It is operated through executive action

Article 267 - Contingency Fund of India

Constitution says that –

Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled the Contingency Fund of India into which shall be paid from time to time such sums as may be determined by such law

On the basis of this clause parliament have enacted contingency fund of India Act, 1950

This fund is at the disposal of President under finannce secretary

Parliamentary Privilege-

These are special rights, immunities and exemptions enjoyed by members of the parliament (including attorney general of India)

Source of privileges-

Constitutional provision (Article 105)

 (1) Subject to the provisions of this constitution and the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament

(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings

Other sources includes-

Various laws made by Parliament, Rules of both the Houses, Parliamentary conventions and Judicial interpretations

Individual privileges-

Members of parliament cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session.

This privilege is not available in case of criminal cases or preventive detention cases

They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session

As discussed in article 105 they have freedom of speech in Parliament

Collective Privileges-

Right to Publish-

They have the right to publish its reports, debates and proceedings and also the right to prohibit others from publishing the same

Right to exclude Stranger-

They can exclude strangers from its proceedings and hold secret sittings to discuss some important matters.

Power to Punish-

They can punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition or imprisonment (also suspension or expulsion, in case of members).

Privilege with respect to Arrest-

They has the right to receive immediate information on the arrest, detention, conviction, imprisonment and release of a member.

No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the permission of the presiding officer.

Other-

They can institute inquiries and order the attendance of witnesses and send for relevant papers and records.

The courts are prohibited to inquire into the proceedings of a House or its committees.

Observation of Supreme Court on Parliamentary privileges-

State of Kerala Vs. K. Ajith and Others (2021),

In this case Supreme court observed that the privileges and immunities are not gateways to claim exemptions from the general law of the land, particularly as in this case, the criminal law which governs the action of every citizen.

Breach of Privilege and contempt of house-

Breach of Privilege-

When any individual or authority disregards or attacks any of the privileges, rights and immunities, either of the member individually or of the House in its collective capacity

Contempt of the House-

It refers to any act or omission which obstructs a House of Parliament, its member or its officer in the performance of their functions or which has a tendency, directly or indirectly to produce results against the dignity, authority and honour of the House

Functions of Parliament-

Legislative Powers and Functions-

To make laws with respect to matters mentioned under union list and concurrent list

To pass the ordinances issued by President

To pass various types of bills like ordinary bill, money bill etc.

To give approval to emergency and provisions related to it etc.

Parliament have power to amend the constitution through constitutional amendment act

Executive Powers and Functions-

Parliament supervise the activities of executives directly or indirectly

It has a control over members and council of ministers as they are responsible to the parliament

Parliament exercises control over the Executive through question-hour, zero hour, half-an-hour discussion, short duration discussion, calling attention motion, adjournment motion, no-confidence motion, censure motion and other discussions

Financial Powers and Functions-

Financial bills and money bills are introduced in parliament

No money can be withdrawn from consolidated fund f India without the permission of parliament

Various reports like report of CAG etc. Are laid down the parliament to have post budgetary control

 No tax can be levied or collected by the Executive except under the authority and with the approval of Parliament  

Electoral Powers and Functions-

The Parliament participates in the election of the President and elects the Vice- President.

The Lok Sabha elects its Speaker and Deputy Speaker, while the Rajya Sabha elects its Deputy Chairman

Parliament enacted the Presidential and Vice-Presidential Election Act (1952), the Representation of People Act (1950), the Representation of People Act (1951), etc. for regulation of elections

Judicial Powers and Functions-

President, vice president can be removed from their office by the parliament

It can punish its members or outsiders for the breach of its privileges or its contempt.

It can remove-

Judges of Supreme court, Judges of high court, speaker ,deputy speaker, vice chairman of rajya sabha etc.

Other powers and functions-

Parliament can increase or decrease the area, alter the boundaries and change the names of states of the Indian Union

Parliament can bring changes in fundamental duties ,citizenship etc.

Parliament creates or abolishes the state legislative councils on the recommendation of the concerned state legislative assemblies.

Special powers of Loksabha-

Money bill can only be introduced in Loksabha

Passing of grants can only be done in Loksabha

Joint sitting of two houses is presided by Lok Sabha Speaker and governed by Rules of Lok Sabha

Loksabha can withdraw national emergency by following specific provision mentioned in our constitution

Special powers of Rajya sabha-

It can authorise the Parliament to make a law on a StateList

It can authorise the Parliament to create new All-India Services common to both the Centre and states (Art. 312).

The process of removal of vice president can only be initiated in Rajya sabha

Unequal status of rajya sabha as comparison to Loksabha-

With respect to Financial matters-

Money bills-

A Money Bill can be introduced only in the Lok Sabha. Rajya Sabha cannot amend or reject a Money Bill. It should return the bill within 14 days to loksabha

The final power to decide whether a particular bill is a Money Bill or not is vested in the Speaker of the Lok Sabha.

Financial bills-

A financial bill, not containing solely the matters of 110, also can be introduced only in the Lok Sabha.

Rajya sabha have no powerfor voting on the demands for grants

Joint Sitting-

The joint sitting is presided by speaker of Loksabha and it is governed by procedures of Loksabha not Rajya sabha

National emergency-

A resolution for the discontinuance of the national emergency can be passed only by the Lok Sabha.

Councils of Ministers-

The Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion.

Relevance of Rajya sabha-

It strengthen federal character of our constitution by giving representations to the states

It helps to prevents hasty and ill-conceived,defective, careless legislations of Loksabha

It provides for nomination of 12 members having intellectual background

Sovereignty of Parliament-

It means that parliament is superior and powerful to take all the decisions by itself

This is British concept and Indian parliament is not sovereign due to following provisions-

Written nature of the constitution

System of Judicial review

federal system of government

Codification of justiciable fundamental rights                                                                                   

Parliamentary forum-

These are forums made to have discussion on various issues in the country

It was initiated in 14^th Loksabha in 2005

The first Parliamentary Forum on Water Conservation & Management was constituted on 12 August 2005

At present there are total 8 forums –

Parliamentary Forum on water conservation and management (2005)

Parliamentary Forum on Youth (2006)

Parliamentary Forum on Children (2006)

Parliamentary Forum on Population and Public Health (2006)

Parliamentary Forum on Global Warming and Climate Change (2008)

Parliamentary Forum on Disaster Management (2011)

Parliamentary Forum on Artisans and Crafts-people (2013)

Parliamentary Forum on Millennium Development Goals (2013)

Composition-

Each Forum consists of not more than 31 members which excludes -President, Co-President, and Vice-Presidents

Out of these 31 numbers 21 are from Loksabha and 10 from Rajya sabha

President-

In majority of the forum speaker of the Lok Sabha is the ex-officio President 

In the case of the Parliamentary Forum on Population and Public Health, the Chairman, Rajya Sabha is the ex-officio President, and the Speaker, Lok Sabha is the ex-officio Co-President of the Forum

Secretary-

The Secretary-General of Lok Sabha is the Secretary of these Forums

These forums are managed by Loksabha secretariat

Term of office-

It  is co-terminus with the membership of members in the respective Houses

https://loksabha.nic.in/FAQ.aspx