Chairman and Deputy Chairman of Rajya Sabha

Chairman and Deputy Chairman of Rajya Sabha

Chairman and Deputy Chairman

Chairman of the Rajya Sabha

• Vice-President of India is ex officio Chairman of the Rajya Sabha and functions as the Presiding Officer of that House so long as he does not officiate as the President. [Art. 89]

• When the Chairman acts as the President of India, the duties of the Chairman are performed by the Deputy Chairman.

First Chairman and Deputy Chairman of the Rajya Sabha

• 1st Chairman: Dr. Sarvepalli Radhakrishnan (13.05.1952 to 12.05.1962)

• 1st Dy Chairman: S.V. Krishnamoorthy Rao (31.05.1952 to 01.03.1962)

• 1st Dy Chairperson (Female): Smt. Violet Alva (19.04.1962 to 16.11.1969)

Removal of Chairman

• The Chairman may be removed from his office only if he is removed from the office of the Vice-President.

• The Chairman or the Deputy Chairman will not preside while a resolution for his removal from office is under consideration. [Art. 92]

Powers of the Chairman

• The powers of the Chairman in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha, except that the Speaker has certain special powers like certifying a Money Bill or presiding over a joint sitting of the two Houses.

Privileges of Parliament

The privileges of each House can be divided into two groups:

i. Privileges enjoyed by members individually

• Freedom from Arrest exempts a member from arrest during the continuance of a meeting of the House or Committee thereof of which he is a member and during a period of 40 days before and after such meeting or sitting.

• This immunity is confined to arrest in civil cases and not in criminal cases or under the law of Preventive Detention.

• A member cannot be summoned, without the leave of the House, to give evidence as a witness while Parliament is in session.

• There is Freedom of Speech within the walls of each House.

• The Limitation on freedom of speech is that no discussion can take place in Parliament with respect to the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for removal of the judge. [Ref. Art. 121]

ii. Privileges of the House collectively

• The right to publish debates and proceedings and to restrain publication by others.

• The right to exclude others.

• The right to regulate the internal affairs of the House.

• The right to publish Parliamentary misbehaviour.

• The right to punish members and outsiders for breach of its privileges.

The Legislative Procedures in Parliament

The different stages in the legislative procedure in Parliament relating to Bills other than Money Bills are as follows:

1. Introduction of a Bill in either House of Parliament

2. Motions after introduction

3. Report by Select Committee

4. Passing of the Bill in the House where it was introduced

5. Passage in the other House

6. President's Assent

Parliament Passed Bill to Repeal 58 Archaic Laws

• Parliament on August 2, 2019, passed a bill to repeal 58 old central laws, which the government said had been done to achieve maximum governance.

• The Repealing and Amending Bill, 2019, was passed by the Rajya Sabha through a voice vote.

• It was passed by the Lok Sabha on July 29, 2019.

Money Bills and Financial Bills

Definition of Money Bill

A Bill is called a Money Bill if it contains only provisions dealing with all or any of the following matters:

• The imposition, abolition, remission, alteration, or regulation of any tax.

• The regulation of the borrowing of money by the Government.

• The custody of or the withdrawal of money from the Consolidated Fund of India.

• The appropriation of money out of the Consolidated Fund of India.

• The declaration of any expenditure to be expenditure charged on the Consolidated Fund of India.

• 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.

Procedure for Passing Money Bills

• A Money Bill cannot be introduced in the Rajya Sabha.

• After a Money Bill has been passed by the Lok Sabha, it is transmitted to the Rajya Sabha (with the Speaker’s certificate that it is a Money Bill).

• The Rajya Sabha can neither reject a Money Bill nor amend it. It must, within fourteen days from the date of receipt of the Bill, return the Bill to the Lok Sabha with its recommendations.

• Lok Sabha may accept or reject all or any of the recommendations of the Rajya Sabha.

• If a Money Bill is not returned by the Rajya Sabha within fourteen days, it shall be deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha. [Ref. Art. 109]

Financial Bills

• Only those Financial Bills are Money Bills which bear the certificate of the Speaker as such.

• Financial Bills which do not receive the Speaker's certificate are of two classes: [Art. 117]

(a) A Bill which contains any of the matters specified in Article. 11,0, but does not consist solely of those matters. It can be introduced in the Lok Sabha only on the recommendation of the President. Rajya Sabha can amend or reject such Bills.

(b) Any Ordinary Bill which contains provisions involving expenditure from the Consolidated Fund. [Ref. Art. 117(3)]

Joint Sittings of Both Houses (Art. 108)

The President can summon the Lok Sabha and the Rajya Sabha for a joint sitting in case of disagreement between the two Houses in the following ways:

• If, after a Bill has been passed by one House and transmitted to the other House—

  • The Bill is rejected by the other House.

  • The Houses have finally disagreed about the amendments to be made in the Bill; or

  • More than six months have elapsed from the date of the reception of the Bill by the other House without the Bill being passed by it.

• The Speaker presides over the joint sitting. In the absence of the Speaker, the Deputy Speaker of Lok Sabha, or if he is also absent, the Deputy Chairman of Rajya Sabha, or if he is also absent, a person chosen by the Members present shall preside. [Ref. Art. 118(4)]

Financial Legislation in Parliament

At the beginning of every financial year, on behalf of the President of India, a statement of the estimated receipts and expenditure of the Government of India for that year is laid before both the Houses of Parliament.

• This is known as the 'annual financial statement' (i.e., the 'Budget'). [Ref. Art. 112]

• It also states the ways and means of meeting the estimated expenditure.

Contents of the Annual Financial Statement

• Estimates of expenditure

• Ways and means to raise the revenue

• An analysis of the actual receipts and expenditures of the closing year and the causes of any surplus or deficit in relation to such year

• An explanation of the economic policy and spending programme of the Government in the coming year, and the prospects of revenue

• Estimates relating to expenditure charged upon the Consolidated Fund of India are not put to the vote of Parliament, but each House can discuss any of these estimates.

• Estimates of other expenditure are submitted in the form of demands for grants to the Lok Sabha, and it has the power to assent or refuse to assent to any demand.

• No demand for a grant can be made except on the recommendation of the President. [Ref. Art. 113]

Scrutiny of Budget Proposals

The Parliament's Committee on Estimates examines budget proposals to:

• Report to the House about the effect on the economy, improvements in organisation, administrative reform, etc.

• Suggest alternative policies

• Examine whether the money is well laid out

• Suggest the form in which estimates are to be presented to Parliament

• The report of the Estimates Committee is not debated in the House

Comptroller and Auditor General

• The Comptroller and Auditor General is the guardian of the public purse, and it is his function to see that not a paisa is spent without the authority of Parliament.

• The report of the Comptroller and Auditor General laid before the Parliament is examined by the Public Accounts Committee.e

Public Accounts Committee

It is a committee of the Lok Sabha (having 15 members from that House), but seven members of the Rajya Sabha are also associated with this Committee.

The Public Accounts Committee examines that:

• The money disbursed was legally available and used for the right purpose

• The expenditure conforms to the authority that governs it

• Every re-appropriation has been made in accordance with the rules framed by the competent authority

Representation of States and Union Territories in the Rajya Sabha

Representation of States and Union Territories in the Lok Sabha

Final Thoughts

The Rajya Sabha, as the upper house of India’s Parliament, plays a vital role in shaping laws, budgets, and governance. The Chairman, who is the Vice-President of India, along with the Deputy Chairman, ensures the smooth functioning of the House and presides over proceedings. From the first Chairman, Dr. Sarvepalli Radhakrishnan, to current leaders, the office has maintained its legislative and financial oversight.

The Chairman has powers similar to the Speaker of Lok Sabha, including maintaining order, guiding debates, and protecting members’ privileges. While Money Bills are primarily handled by the Lok Sabha, the Rajya Sabha still provides recommendations, ensuring checks and balances. Leadership in the House also oversees joint sittings, financial scrutiny, and legislative procedures, reflecting the importance of governance in a democracy.

Through its historical legacy, powers, and procedural authority, the Rajya Sabha continues to be a pillar of India’s parliamentary system, shaping the country’s laws and policies for the betterment of its citizens.