The Parliament of India - President, Rajya Sabha & Lok Sabha

The Parliament of India - President, Rajya Sabha & Lok Sabha

• The Parliament of India consists of the President, the Lok Sabha and the Rajya Sabha.            [Ref.: Art. 79]
• The President is a part of the Legislature, even though he or she does not sit in Parliament.
• Tennure of the first Lok Sabha was 13 May, 1952 to 4 April 1957.

The main functions of Parliament are:

- it Providing the cabinet.

- Control of the Cabinet.

- Criticism of the Cabinet and of individual Minister.

- Parliament secures the information authoritatively.

- Legislation i. e. making laws [Ref.: Arts. 107; 108; 245]

- Financial control.

• Bill passed by the House of Parliament can not become law without the President's assent.
• The building of Parliament is a circular structure designed by architect Sir Edwin Lutyens and Herbert Baker in 1912-13. The foundation of this building was laid down on 12.02.1921. Its external consists 144 pillars of granite.

US President who addressed Indian Parliament

Rajya Sabha and Lok Sabha

• The Rajya Sabha is composed of not more than 250 members of whom 12 are nominated by the President and 238 are representatives of the states and the Union Territories elected by the method of indirect election. [Ref. Art. 80]
• The 12 nonvinated members are chosen by the President from amongst persons specialised in science, art literature and social service.
• The Rajya Sabha is not subject to dissolution, its members shall not be less than 30 years of age.
• Representatives of each State are elected by the elected members of the Legislative Assembly of the state in accordance with the system of proportional representation by means of the single transferable vote.

Prescribed composition of the Lok Sabha is [Art. 81]:

(i)   Not more than 530 representatives of the States;

(ii)  Not more than 20 representatives of Union Territories.

(iii) Not more than 2 members of the Anglo-Indian community, nominated by the President.

• The Lok Sabha at present consists of 543 members (530 members are directly elected from the States and 13 from UTs).
• The representatives of the States are directly elected by the people of the States on the basis of adult suffrage.
• Every citizen who is not less than 18 years of age and is not otherwise disqualified is entitled to vote at such election.     [Ref. Art. 326]
• There is no reservation for any minority community other than the Scheduled Castes and the Scheduled Tribes.      [Ref.: Arts. 330,341,342]

SC/ST Quota Extension Bill 2019

• The Constitution (126th Amendment) Bill 2019, was, passed unanimously by the Rajya Sabha on 12^th Dec 2019, two days after it was passed by the Lok Sabha. All 163 members present voted to pass the bill.
• The Lok Sabha on December 10, 2019 passed the Constitution Amendment Bill to extend reservation to SCs and STs in Lok Sabha and state assemblies by another ten years. The bill was passed with 352 members voting in favour and none against it.
• The Bill extended the reservation for SCs and STs in the Lok Sabha and state assemblies, which was due to end on 25th January, 2020, for a period of 10 years, the seventh such 10-years extension given since the Constitution was enacted in 1950. However, the Bill also ended the provision for nomination of Anglo-Indians to the Lok Sabha and Assemblies after January 2020.
• The Council of State is not subject to dissolution. It is a permanent body. 1/3 of its members retire on the expiration of every second year.
• The normal term of the Lok Sabha is 5 years, but it may be dissolved earlier by the President.
• The normal term of Lok Sabha can be extended by an Act passed by Parliament itself during Emergency.
• The extension can not be made for a period exceeding one year at a time.
• Such extension can not continue beyond a period of six months after the proclamation of Emergency ceases to operate.
• The term of Lok Sabha was extended twice for one year in 1976.
• The Lok Sabha has been dissolved 8 times, before the expiry of its normal term in 1970,1977,1979,1984, Nov. 1989, March 1991, Dec. 1997 and April 1999.
• Tenure of 1^st Lok Sabha (House of the people): 17 April, 1952-04 April, 1957
• The Rajya Sabha (Council of the states)  first constituted on 03 April, 1952
• 1^stsitting of the Rajya Sabha : 13 May, 1952
• Parliament must meet at least twice a year and not more than six months shall elapse between two sessions of Parliament.
• A session is the period of time between the first meeting of Parliament and prorogation of Parliament.
• The period between prorogation of Parliament and its re-assembly in a new session is called recess. Within a session, there are a number of daily sittings separated by adjournments which postpone the further consideration of a business for a specified time.

The sitting of a House can be terminated by dissolution, prorogation or adjournment:

• While the powers of dissolution and prorogation are exercised by the President on the advice of the Council of Ministers, the power to adjourn the daily sittings of Lok Sabha and Rajya Sabha belongs to the Speaker and the Chairman, respectively.
• A dissolution brings Lok Sabha to an end so that there must be a fresh election while prorogation merely terminates a session. Adjournment does not put an end to the session of Parliament but merely postpones the further transaction of business for a specified time, hours, days or weeks.
• On dissolution of the Lok Sabha all matters pending before the House lapse. If these matters have to be pursued, they must be re-introduced in the next House after fresh election.
• But a Bill pending in the Rajya Sabha which has not yet been passed by the Lok Sabha shall not lapse on dissolution.
• A dissolution does not affect a joint sitting of the two Houses, if the President has notified his intention to hold a joint sitting before the dissolution.        [Ref. Art. 108(5)]
• Adjournment has no such effect on pending business.

Qualifications for becoming a member of Parliament are:

• Must be a citizen of India.
• Must not be less than 25 years of age in the case of Lok Sabha and 30 years in the case of Rajya Sabha. Additional qualifications may be prescribed by Parliament by law. [Ref.. Art. 84]

A person can be disqualified for being a member of either House of Parliament, if:

• He holds any office of profit under the Government of India or the Government of any State;
• He is of unsound mind and stands so declared by a competent Court;
• He is not a citizen of India or has voluntarily acquired citizenship of a foreign State or is under acknowledgment or allegiance or adherence to a foreign power;
• He is so disqualified by or under any law made by Parliament. [Ref.: Art. 102]

- It is a permanent body and not subject to dissolution

- In a dispute regarding qualification the President's decision in accordance with the opinion of the Election Commission is final.          [Ref.: Art. 103]

- The House can declare a seat vacant if the member absents himself from ah meetings of the House for a period of 60 days without permission of the house.

Speaker and Deputy Speaker of The Lok Sabha

• The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Dy. Speaker thereof and, so often as the office of Speaker or Dy. Speaker becomes vacant, the House shall choose another member to be Speaker, Dy. Speaker.  [Art. 93]
• The Speaker presides over the Lok Sabha.
• The Speaker and the Deputy Speaker are chosen by the Lok Sabha from among its members and take oath as a member of Lok Sabha but not as the Speaker or Dy. Speaker.
• Salary and allowances of the Speaker are charged on the Consolidated Fund of India-that is, they do not have to be voted by Parliament.
• The conduct of the speaker cannot be discussed except on a substantive motion.
• The Speaker or the Deputy Speaker, normally holds office during the life of the House, but his office may terminate earlier in any of the following ways:

- By his ceasing to be a member of the House.

- By resignation in writing, addressed to the Deputy Speaker, and vice-versa.

• By removal from office by a resolution, passed by a majority of all the then members of the House. [Ref. Art. 94]
• A resolution to remove the Speaker cannot be moved unless at least 14 days notice has been given of the intention to move the resolution.

• While a resolution for his removal is under consideration, the Speaker can not preside but he can speak in, take part in the proceedings of the House and vote except in the case of equality of votes. [Ref.: Art. 96]
• At other meetings of the House the Speaker can not vote in the first instance, but can exercise a casting vote in case of equality of votes.
• The Speaker has the final power to maintain order within the Lok Sabha and to interpret its Rules of Procedures.
• In the absence of a quorum the Speaker adjourns the House or suspends the meeting until there is a quorum.
• The Speaker's conduct in regulating the procedure or maintaining order in the House can not be questioned in a Court.[Ref.: Art. 122]
• The Speaker presides over a joint sitting of the two Houses of Parliament. [Ref. Art. 118(4)]
• When a Money Bill is transmitted from the Lok Sabha to the Rajya Sabha the Speaker may certify that it is a Money Bill. [Ref. Art. 110(4)]
• The decision of the Speaker on whether a Bill is Money Bill is final.
• While the office of Speaker is vacant or the Speaker is absent from a sitting of the House, the Deputy Speaker presides, except when a resolution for his own removal is under consideration.

Chairman and Deputy 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.

• 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]
• The powers of 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.  Those which are enjoyed by the members individually.

ii. Those which belong to each House of Parliament, as a collective body.

i. The privileges enjoyed by the members individually are:

• 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. The privileges of the House collectively are:

• The right to publish debates and proceedings and to restrain publication by others.
• The right to exclude others.
• The right to regulate 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 Bilim the House where it was introduced

5.  Passage in the other House

6.  President's Assent

Money Bills and Financial Bills

Bill is called 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 moneys from the Consolidated Fund of India.
• The appropriation of moneys out of the Consolidated Fund of India.
• The declaring 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.

The procedure for passing of Money Bills in Parliament is:

• A Money Bill can not 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 a period of 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.
• It is upto the Lok Sabha to accept or reject the recommendations of the Rajya Sabha. If the Lok Sabha accepts any of the recommendations the Money Bill is deemed to have been passed by both Houses with the amendment recommended by the Rajya Sabha and accepted by the Lok 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]

• 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 Art. 110 but does not consist solely oi those matters. It can be introduced in Lok Sabha only on the recommendation of 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 Lok Sabha and Rajya Sabha for a joint sitting in case of disagreement between the two Houses in 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 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.

The Annual Financial Statement or the Budget contains:

• Estimates of expenditure
• Ways and means to raise the revenue.
• An analysis of the actual receipts and expenditures of die 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 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 to refuse to assent to any demand.

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

The scrutiny of budget proposals is done by the Parliament's Committee on Estimates in order to:

• Report to the House about the effect on 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.

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.

Public Accounts Committee

It iss 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, in order to strengthen it.

Public Accounts Committee examines that:

• The money disbursed was legally available and used for the right purpose.
• The expenditure conforms to the authority which governs it.
• Every re-appropriation has been made in accordance with the rules framed by competent authority.

Representation of States and Union Territories in the Rajya Sabha

Representation of States and Union Territories in the Lok Sabha