The Parliament of India

Composition of Parliament

The Parliament of India consists of three components:

• • President of India
  • Lok Sabha (House of the People)
  • Rajya Sabha (Council of States) (Article 79)

Although the President is an integral part of Parliament, he/she does not sit in either House.

Functions of Parliament

The Parliament performs the following major functions:

• • Legislative Functions – Enacts laws for the Union.
  • Financial Control – Approves taxation, Budget and public expenditure.
  • Executive Accountability – Exercises control over the Council of Ministers.
  • Questioning & Criticism – Holds the Government accountable through debates and discussions.
  • Information & Oversight – Seeks explanations from Ministers regarding public administration.
  • Constitutional Functions – Participates in Constitutional Amendments.
  • Approval of Bills – No Bill becomes law without the President’s Assent. (Articles 107, 108 & 245)

Rajya Sabha (Council of States)

Composition

• Maximum Strength: 250 Members
  
  • 238 → Representatives of States & Union Territories
  • 12 → Nominated by the President

Nominated Members

The President nominates members having distinguished contribution in:

• • Literature
  • Science
  • Art
  • Social Service

Election of Members

• Representatives of States are elected by the Elected Members of the State Legislative Assemblies.
• Election is held through:
  
  • Proportional Representation
  • Single Transferable Vote (STV).

Nature

• Permanent House
• Not subject to Dissolution
• One-third Members retire every Second Year

Lok Sabha (House of the People)

Composition

Maximum Strength:

• • 530 → Representatives of States
  • 20 → Representatives of Union Territories
  • (Earlier) 2 Anglo-Indian Members could be nominated by the President (Provision now abolished by the 104th Constitutional Amendment).

Present Strength 

• 543 Members
  
  • 530 from States
  • 13 from Union Territories

Election

• Members are elected Directly by the People.
• Elections are conducted on the basis of:
  
  • Universal Adult Franchise
  • First-Past-the-Post System

Every citizen:

• 18 Years or Above
• Not otherwise disqualified

is entitled to vote. (Article 326)

Reservation

Reservation is provided only for:

• • Scheduled Castes (SCs)
  • Scheduled Tribes (STs)

(Articles 330, 341 & 342)

Term of the Houses of Parliament

Rajya Sabha

• • Permanent House
  • No dissolution.
  • One-third Members retire every two years.

Lok Sabha

• • Normal Term → Five Years
  • Can be dissolved earlier by the President.

Extension During National Emergency

The term may be extended:

• • By an Act of Parliament
  • Maximum One Year at a Time
  • Cannot continue beyond Six Months after the Emergency ceases.

Sessions of Parliament

• Parliament must meet at least twice every year.
• Gap between two sessions cannot exceed Six Months.

Session

Period between:

• • First Sitting of Parliament
  • Prorogation

Recess

The interval between:

• • Prorogation of one Session
  • Commencement of the next Session

is known as Recess.

Adjournment

• Temporary suspension of the sitting of a House.
• May be for:
  
  • Hours
  • Days
  • Weeks
• Ordered by:
  
  • Speaker (Lok Sabha)
  • Chairman (Rajya Sabha)

Prorogation

• Terminates an entire Session of Parliament.
• Ordered by the President on the advice of the Council of Ministers.

Dissolution

Applicable only to Lok Sabha.

Effects of Dissolution :

• Ends the life of the Lok Sabha.
• Fresh General Election becomes necessary.
• All pending business lapses, except:
  
  • Bills pending in Rajya Sabha do not lapse.
  • Bills passed by both Houses but awaiting President’s Assent do not lapse.
  • If the President has already notified a Joint Sitting, dissolution does not affect it.

Effect of Adjournment

Adjournment:

• • Does not terminate the Session.
  • Does not affect pending Bills or Parliamentary Business.

Qualifications for Membership of Parliament

A candidate must:

• Be a Citizen of India.
• Minimum Age:

• Possess other qualifications prescribed by Parliament. (Article 84)

Disqualifications

A person is disqualified if he/she:

• Holds an Office of Profit under the Government.
• Is declared to be of Unsound Mind by a competent court.
• Is an Undischarged Insolvent.
• Is not an Indian Citizen or has voluntarily acquired citizenship of another country.
• Is disqualified under any law enacted by Parliament. (Article 102)

Decision on Disqualification

• The President decides questions regarding disqualification.
• Decision is taken after obtaining the opinion of the Election Commission of India. (Article 103)

Vacation of Seat

A seat in either House becomes vacant if:

• • A member remains absent for 60 consecutive days without the permission of the House.
  • Any constitutional ground of vacancy arises under the relevant provisions.

Speaker and Deputy Speaker of the Lok Sabha

Position

• The Speaker is the Presiding Officer of the Lok Sabha.
• The Deputy Speaker performs the Speaker’s functions in his/her absence.
• Both offices are constitutional offices under the Constitution of India.

Term of Office

Normally, the Speaker and Deputy Speaker remain in office during the life of the Lok Sabha.

However, the office may terminate earlier by:

• Ceasing to be a Member of the Lok Sabha.
• Resignation:
  
  • Speaker → Resigns to the Deputy Speaker.
  • Deputy Speaker → Resigns to the Speaker.
• Removal through a Resolution passed by an Effective Majority of the Lok Sabha. (Article 94).

Removal

• A resolution for removal can be moved only after giving 14 Days’ Prior Notice.
• While the resolution is under consideration:
  
  • The Speaker cannot preside over the sitting.
  • He/She may:
    
    • Participate in the proceedings.
    • Speak in the House.
    • Vote only in the first instance.

Voting Power

• Under normal circumstances, the Speaker does not vote.
• In case of a Tie, the Speaker exercises a Casting Vote. (Article 100).

Powers & Functions

1. Presiding Officer

• Presides over the sittings of the Lok Sabha.
• Conducts the proceedings in an orderly manner.

2. Maintains Order & Discipline

• Responsible for maintaining Order, Decorum, and Discipline in the House.
• May suspend or take action against disorderly members as per the Rules.

3. Interpretation of Rules

• Acts as the Final Authority in interpreting the Rules of Procedure and Conduct of Business of the Lok Sabha.

4. Quorum

• If the required Quorum is not present, the Speaker may:
  
  • Adjourn the House, or
  • Suspend the sitting until the quorum is complete.

5. Judicial Immunity

• The Speaker’s decisions relating to:
  
  • Regulation of proceedings, and
  • Maintenance of order
• Cannot be questioned in any Court of Law. (Article 122).

6. Joint Sitting of Parliament

• Presides over a Joint Sitting of Lok Sabha and Rajya Sabha. (Article 118(4)).

Certification of Money Bill

• When a Money Bill is transmitted from the Lok Sabha to the Rajya Sabha, the Speaker certifies that it is a Money Bill. (Article 110(4)).
• The Speaker’s decision regarding whether a Bill is a Money Bill is Final.

Role of the Deputy Speaker

• Presides over the House:
  
  • When the office of the Speaker is Vacant, or
  • During the Absence of the Speaker.
• However, the Deputy Speaker cannot preside when a resolution seeking his/her own removal is under consideration.

Chairman and Deputy Chairman of the Rajya Sabha

Chairman of the Rajya Sabha

• The Vice-President of India serves as the Ex-officio Chairman of the Rajya Sabha.
• Presides over the proceedings of the Rajya Sabha as long as he/she does not discharge the functions of the President of India.
• When the Vice-President acts as the President, the duties of the Chairman are performed by the Deputy Chairman.

Removal

• The Chairman can be removed only if removed from the office of the Vice-President, following the constitutional procedure applicable to the Vice-President.

Deputy Chairman

• Elected by the Rajya Sabha from among its members.
• Presides over the House:
  
  • During the absence of the Chairman, or
  • When the Chairman is discharging the functions of the President.
• Performs all powers and functions of the Chairman while presiding over the House.

Powers of the Chairman

• The powers of the Chairman of the Rajya Sabha are broadly similar to those of the Speaker of the Lok Sabha.
• However, unlike the Speaker, the Chairman:
  
  • Does not certify a Money Bill.
  • Does not preside over a Joint Sitting of Parliament.

Privileges of Parliament

Parliamentary Privileges are classified into two categories:

• Privileges enjoyed by Members Individually
• Privileges enjoyed collectively by each House of Parliament

Privileges of Members (Individual Privileges)

1. Freedom from Arrest

• A Member enjoys immunity from arrest in Civil Cases:
  
  • During the continuance of a Session of Parliament or a Committee Meeting.
  • 40 Days Before the commencement of the session.
  • 40 Days After the conclusion of the session.

Important

• This protection is available only in Civil Cases.
• It is not available in:
  
  • Criminal Cases
  • Preventive Detention Laws

2. Freedom from Summons

• A Member cannot be summoned as a witness in any Court without the permission of the House while Parliament is in session.

3. Freedom of Speech

• Members enjoy complete Freedom of Speech inside Parliament.
• No legal proceedings can be initiated for anything spoken or any vote given inside the House.

Restriction

No discussion shall take place regarding the conduct of a Judge of the:

• Supreme Court, or
• High Court

in the discharge of judicial duties except upon a motion for removal (Impeachment). (Article 121)

Privileges of Each House (Collective Privileges)

Each House of Parliament enjoys the following collective privileges:

Publication of Proceedings

• Right to publish its debates and proceedings.
• Right to prohibit or regulate publication by others.

Exclusion of Strangers

• Power to exclude non-members (strangers) from the proceedings whenever necessary.

Regulation of Internal Affairs

• Exclusive authority to regulate its internal procedure, conduct of business, and discipline.

Publication of Parliamentary Misconduct

• Right to publish reports relating to misconduct or breach of parliamentary discipline.

Punishment for Breach of Privilege

• Power to punish Members as well as non-members for:
  
  • Breach of Parliamentary Privileges
  • Contempt of the House

The Legislative Procedure in Parliament

Ordinary Bill (Non-Money Bill)

An Ordinary Bill passes through the following stages:

1. 1. Introduction (First Reading) in either House of Parliament.
   2. Reference to Committee (if required) for detailed examination.
   3. Second Reading – General discussion, clause-by-clause consideration and amendments.
   4. Third Reading – Final voting and passage in the originating House.
   5. Transmission to the Other House for a similar procedure.
   6. President’s Assent, after which the Bill becomes an Act.

Money Bill

A Bill is treated as a Money Bill if it deals exclusively with matters specified under Article 110, such as:

• Imposition, abolition, remission, alteration or regulation of Taxes.
• Borrowing of Money by the Government.
• Custody or Withdrawal of money from the Consolidated Fund of India (CFI).
• Appropriation of money out of the CFI.
• Declaration of expenditure as Charged Expenditure.
• Receipt or custody of money relating to the CFI or Public Account of India.
• Audit of the Accounts of the Union or States.

Procedure for Passing a Money Bill

• Can be introduced only in the Lok Sabha.
• Cannot be introduced in the Rajya Sabha.
• After being passed by the Lok Sabha, it is sent to the Rajya Sabha along with the Speaker’s Certificate.
• The Rajya Sabha:
  
  • Cannot reject or amend a Money Bill.
  • May only recommend amendments.
  • Must return the Bill within 14 Days.

If Returned Within 14 Days

• Lok Sabha may:
  
  • Accept, or
  • Reject the recommendations.
• The decision of the Lok Sabha is final.

If Not Returned Within 14 Days

• The Bill is deemed to have been passed by both Houses in the form originally passed by the Lok Sabha. (Article 109)

Financial Bills

Financial Bills are of Two Types.

Financial Bill – Category I (Article 117(1))

• • Contains matters under Article 110, along with other provisions.
  • Can be introduced only in the Lok Sabha.
  • Requires the President’s Recommendation before introduction.
  • The Rajya Sabha enjoys powers similar to those over an Ordinary Bill.

Financial Bill – Category II (Article 117(3))

• • Does not contain Article 110 matters.
  • However, it involves Expenditure from the Consolidated Fund of India.
  • Can be introduced in either House.
  • Requires the President’s Recommendation before consideration.

Joint Sitting of Parliament

When Can It Be Summoned?

The President may summon a Joint Sitting when a Bill has been passed by one House but:

• It is Rejected by the other House.
• The two Houses finally disagree on amendments.
• More than Six Months elapse without the other House passing the Bill.

Presiding Officer

A Joint Sitting is presided over by:

1. Speaker of the Lok Sabha
2. Deputy Speaker of the Lok Sabha
3. Deputy Chairman of the Rajya Sabha
4. Any other person nominated under Article 118(4).

Financial Legislation (Budget)

Annual Financial Statement

• At the beginning of every Financial Year, the President causes the Annual Financial Statement (Budget) to be laid before both Houses of Parliament. (Article 112)

Contents of the Budget

The Budget includes:

• Estimated Receipts for the coming year.
• Estimated Expenditure.
• Ways and Means to raise revenue.
• Analysis of:
  
  • Previous Year’s Receipts & Expenditure.
  • Deficit or Surplus.
• Economic Policy and Government’s expenditure proposals.

Charged vs Voted Expenditure

Charged Expenditure

• Charged upon the Consolidated Fund of India.
• Not submitted to Vote of Parliament.
• May only be Discussed.

Voted Expenditure

• Presented as Demands for Grants.
• Subject to Approval, Reduction or Rejection by the Lok Sabha.

Demand for Grants

• Can be made only on the Recommendation of the President. (Article 113)

Committee on Estimates

The Estimates Committee scrutinises Budget proposals to:

• Report on Economy in Public Expenditure.
• Recommend Administrative Reforms.
• Suggest Alternative Policies.
• Examine whether Public Money is properly utilised.
• Recommend the Format of Budget Estimates.

Important Point

• Reports of the Estimates Committee are not debated in Parliament.

Comptroller and Auditor General (CAG)

• The CAG is known as the Guardian of the Public Purse.
• Ensures that Government Money is spent only with the Authority of Parliament.

Public Accounts Committee (PAC)

• A Parliamentary Committee primarily consisting of Lok Sabha Members.
• Rajya Sabha Members are also associated with the Committee.

Functions

The PAC examines whether:

• Public money was Legally Available for expenditure.
• Expenditure was incurred for the Authorised Purpose.
• Spending conforms to the Relevant Laws and Rules.
• Every Re-appropriation has been made according to the prescribed procedures.

Representation of States and Union Territories in the Rajya Sabha

Union Territories

Representation of States and Union Territories in the Lok Sabha

Union Territories