Parliament of India

• India's Parliament operates on a bicameral system within the framework of a Parliamentary system. It includes the President, the Rajya Sabha (Upper House), and the Lok Sabha (Lower House). 

Parliament of India 

• The Parliament holds the highest legislative authority in India, playing a central role in the country's democratic political system under the Parliamentary form of government, often referred to as the Westminster Model. 
• The inaugural general elections under the new Constitution took place in 1951-52, leading to the formation of the first elected Parliament in April 1952. 
• Articles 79 to 124 in Part V of the Constitution provide details about the organization, composition, duration, officers, procedures, privileges, powers, and more aspects of the Parliament. 

Composition of Parliament 

• According to Article 79, the Parliament comprises the President and the two Houses, namely the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). 

Additional Information 

• Rajya Sabha (Council of States) has a maximum of 250 members, with 245 members currently. 
• Lok Sabha (House of the People) has a maximum of 552 members, with 543 members at present. 
• In 1954, the Indian Parliament officially embraced the Hindi names Rajya Sabha and Lok Sabha for the Council of States and the House of the People, respectively. 
• Article 87(1) of the Constitution stipulates that, at the start of the initial session following each general election to the House of the People and at the commencement of each new year, the President is obligated to address both Houses of Parliament collectively.  
• During this address, the President informs Parliament about the reasons behind its summoning. 

Important Articles related to parliament 

Rajya Sabha  

• Rajya Sabha serves as the Upper House in India's bicameral legislature, strategically crafted by the framers of the Indian Constitution to act as a check on the authority of the Lok Sabha. 
• Members of the Rajya Sabha are elected by the elected representatives of the State Legislative Assemblies, utilizing the Single Transferable Vote System to ensure proportional representation. 

Structure of the Rajya Sabha 

• Article 80 of the Constitution outlines the structure of the Council of States/Rajya Sabha. The Rajya Sabha, also known as the Council of States, is limited to a maximum of 250 members and is a permanent institution, immune to dissolution. 
• Among the 250 members, the President appoints a portion based on their outstanding achievements in literature, science, art, and social service, while the remaining members are elected.  
• The representation of states in the Rajya Sabha is not uniform, as it is determined by the population of each state.  
• Consequently, larger states enjoy greater representation, while smaller ones have a more modest presence. 

Rajya Sabha 

• Maximum Members: 250 
• Actual Members: 245 
• Nominated Members: 12 
• Elected Members: 238 
• Nominated Members (Present): 12 
• Elected Members (Present): 233 
• States and Union Territories (Total): 4 (234) 
• States (Total): 225 
• Union Territories (Total): 8 
• Delhi: 3 
• Puducherry: 1 
• Jammu and Kashmir: 4 

Rajya Sabha Election Process 

• Members of the Rajya Sabha are elected by the elected representatives of the respective State Legislative Assembly, following the principle of proportional representation through the single transferable vote. 

Formula for Rajya Sabha Election: 

Strength of Legislative Assembly ÷ (Number of Vacancies + 1) 

• For example, in the Rajasthan Legislative Assembly with a strength of 209: 
• If there are 4 vacancies for Rajya Sabha seats in Rajasthan, a candidate needs to secure at least 41 votes to be elected. 

Member Qualifications 

• A member of the Rajya Sabha must be a citizen of India and at least 30 years old. 
• The member is required to take an oath or affirmation pledging true faith and obedience to the Constitution of India. 
• Any Indian citizen, regardless of their residing state, can contest Rajya Sabha elections, conducted through an Open Voting System. 

Salary and Emoluments 

• As per Article 106, each House member receives a salary and emoluments established by law. 
• The Salary, Allowances, and Pension of Members of Parliament Act, 1954, governs these financial aspects. 

Rajya Sabha Tenure 

• According to Article 83(1), the Rajya Sabha is a permanent House and is not subject to dissolution. 
• Members serve a six-year term, with one-third retiring every two years. Retiring members can contest for re-election. 
• Mid-term elections are held every two years to fill vacancies. 

Representation of States in Rajya Sabha

• The Fourth Schedule of the Constitution allocates seats to States and Union Territories in the Rajya Sabha based on their population. 
• The number of elected seats in the Rajya Sabha allotted to States and Union Territories has changed over time due to state reorganizations and the formation of new states since 1952. 

Allocation of Seats in Rajya Sabha 

Rajya Sabha Officials 

• Several officials play key roles in the functioning of the Rajya Sabha: 

Presiding Officers of Rajya Sabha 

• As per Article 89, the Vice-President of India serves as the Ex-officio Chairman of the Rajya Sabha. 
• The Rajya Sabha also elects one of its members to serve as the Deputy Chairman. 
• In instances where the Chairman assumes the role of the President of India, the Deputy Chairman assumes the duties of the Chairman. 
• The responsibilities of the Chairman are akin to those of the Speaker, focusing on conducting the House's business in an orderly manner. 

Rajya Sabha Secretariat 

• Established in accordance with Article 98 of the Constitution, the Rajya Sabha Secretariat operates under Parliament's authority to regulate the recruitment and conditions of service for its secretarial staff, as specified in law. 
• The Secretariat functions under the overall guidance and control of the Chairman, Rajya Sabha, providing essential secretarial assistance to facilitate the Council of States' (Rajya Sabha) effective functioning. 

Panel of Vice-Chairman of Rajya Sabha 

• Periodically, the Chairman of Rajya Sabha nominates a panel of not more than six Vice-Chairmen from among the House members. 

• In the Chairman and Deputy Chairman's absence, one of the Vice-Chairmen presides over the House. 
• The Chairman considers the strength of various parties in the House and conventionally includes members from opposition parties/groups in the panel, seeking consultation with political party/group leaders before finalizing the nominations. 

Powers and Functions of Rajya Sabha 

Powers and functions of Rajya Sabha are as follows: 

Legislative Powers 

• Rajya Sabha holds equal legislative powers with the Lok Sabha in ordinary law-making. 
• An Ordinary Bill can be introduced and passed in the Rajya Sabha, becoming law upon its approval. 

Financial Powers 

• In financial matters, the Rajya Sabha is constrained, unable to initiate Money Bills which must originate in the Lok Sabha. 
• If the Rajya Sabha does not pass a Money Bill within 14 days of receiving it from the Lok Sabha, the bill is considered approved. 

Executive Powers 

• While unable to remove the ministry from office, Rajya Sabha members exert influence through criticism, questioning, and moving motions. 
• Some ministers are selected from the Rajya Sabha. 

Amendment Powers 

• Rajya Sabha and Lok Sabha collaboratively amend the Constitution by passing an Amendment Bill with a two-thirds majority in each House. 

Electoral Powers 

• Members of Rajya Sabha and Lok Sabha collectively elect the Vice-President of India. 
• Rajya Sabha members also elect a Deputy Chairman from among themselves. 

Lok Sabha 

• Known as the Lower House or the House of the People. 
• Members are directly elected through Universal Adult Franchise. 

Lok Sabha Structure 

• The Lok Sabha can have a maximum membership of 550, with 530 members directly elected from states and 20 members elected from Union Territories. 
• Seat distribution among states follows the principle of territorial representation, allocating seats based on each state's population in proportion to the total population of all states. 
• States are subdivided into constituencies, ensuring each constituency is approximately of equal size in terms of population. 

Lok Sabha 

Qualifications for Lok Sabha Members 

• Any Indian citizen can become a Lok Sabha member if they meet the following criteria: 

Minimum age of 25. 

• Declaration through an oath or affirmation expressing true faith and allegiance to the Constitution, pledging to uphold the sovereignty and integrity of India. 
• Possession of other qualifications as prescribed by Parliament. 
• Voter registration in any Indian constituency. 

Tenure of Lok Sabha 

• The standard term for Lok Sabha is five years, but the President, based on the Council of Ministers' advice, may dissolve it before the completion of five years. 
• In the event of a National Emergency, the term can be extended one year at a time, not exceeding six months after the emergency concludes. 

Allocation of Seats to States 

• Every state in India is allocated Lok Sabha seats in proportion to its population, as outlined in Article 81(2) of the Indian Constitution. 
• This provision is applicable only if the state's population exceeds 60 lakhs. 

Reservation in Lok Sabha 

• Article 330 provides for seat reservation in Lok Sabha for Scheduled Tribes and Scheduled Castes based on their population proportion. 
• Currently, 84 seats are reserved for Scheduled Castes, and 47 seats are reserved for Scheduled Tribes. 

Election to Lok Sabha 

• For the purpose of conducting direct elections to Lok Sabha, each state is divided into territorial. constituencies for uniform representation: 
• Between different states. 
• Between different constituencies within the same state. 
• The 42nd Amendment Act of 1976 froze seat allocation in Lok Sabha to states and territorial constituencies at the 1971 level until the year 2000. 
• This freeze on readjustment was extended until 2026 by the 84th Amendment Act of 2001. 

Presiding Officers of Lok Sabha 

• The Speaker serves as the Presiding Officer of Lok Sabha, elected by its members. 
• The Speaker remains in position even after Lok Sabha dissolution until the next Lok Sabha elects a new Speaker. 

Lok Sabha Speakers 

Powers and Functions of the Speaker 

• The Speaker holds a crucial role in administrative and parliamentary matters with final and binding decisions. Specific functions include: 
• Certification of a bill as a Money Bill under Article 110 with conclusive decisions. 
• Presiding over joint sittings to resolve disagreements between the two Houses. 
• Determining the admissibility of motions like cut motions and no-confidence motions. 
• Deciding on the disqualification of members under the Tenth Schedule. 
• Ensuring orderly conduct and decorum within the House. 
• Appointing the Chairpersons of various parliamentary committees. 
• Chairing committees such as the Business Advisory Committee, Rules Committee, and General-Purpose Committee. 
• Maintaining office continuity after Lok Sabha dissolution until the next Lok Sabha is constituted. 
• Serving as the final interpreter of constitutional provisions, rules of procedure, and parliamentary precedents. 
• Holding the casting vote in case of tiebreakers between the Houses. 
• Adjourning or suspending the House in the absence of a quorum. 
• Serving as the Ex-officio Chairman of the Indian Parliamentary Group and Conference of Presiding Officers of Legislative Bodies. 
• Permitting secret meetings upon the Leader of the House's request. 
• Enjoying security of tenure, fixed salary determined by Parliament, and powers not subject to judicial review. 

Deputy Speaker 

• The Deputy Speaker acts as the Vice-Presiding Officer in the Speaker's absence, due to leave or illness. 
• Elected in the first Lok Sabha meeting after general elections for a five-year term from among its members. 
• Holds office until no longer a Lok Sabha member or resignation. 
• Removal requires a Lok Sabha resolution or majority vote. 
• Expected to resign from their original party for impartiality. 
• Not subordinate to the Speaker and directly accountable to the House. 

Secretary of Lok Sabha 

• Permanent official accountable to the Speaker. 
• Invites Lok Sabha members to proceedings on behalf of the President. 

Pro-tem Speaker 

• The Pro-tem Speaker assumes responsibility for conducting the House proceedings when the Lok Sabha is elected, and the election for the Speaker and Deputy Speaker is pending. 
• This temporary Speaker presides over the first meeting of the Lower House after general elections and conducts the session in which the Speaker and Deputy Speaker are elected in a newly constituted House. 
• Typically, the most senior member of the House is chosen for this role. 

Panel of Chairpersons of Lok Sabha 

• According to Lok Sabha rules, the Speaker appoints a panel of up to 10 chairpersons from among the members. 
• Each chairperson on the panel holds the same authority as the Speaker when presiding over the House in the absence of the Speaker or Deputy Speaker. They serve in this capacity until a new panel is proposed. 
• However, in the absence of the Speaker or Deputy Speaker, a panel member cannot preside over the House. The President may designate certain members to fill the Speaker's role during this period. 

Powers and Functions of the Lok Sabha: 

Powers and functions of the Lok Sabha are: 

Legislative Powers 

• While Ordinary Bills can be introduced in either House, about 90% are typically introduced in the Lok Sabha. 
• If the Rajya Sabha rejects a bill returned by the Lok Sabha, a deadlock may occur. After six months, a joint sitting of the two Houses is summoned, and the decision of the joint sitting is accepted by both Houses. 

Executive Powers 

• Under Article 75(3), the Council of Ministers is collectively responsible to the Lok Sabha, with the leader of the majority becoming the Prime Minister. 
• Ministers remain in office as long as they have the Lok Sabha's majority confidence and can be removed through a vote of no-confidence. 

Financial Powers 

• The Lok Sabha holds significant financial powers, especially in the introduction of Money Bills under Article 109. The Speaker's decision on whether a bill is a Money Bill is final and not subject to challenge. 

Electoral Functions 

 Members of the Lok Sabha participate in the election of the President and, along with Rajya Sabha members, in the election of the Vice-President. 

• Lok Sabha members also elect the Speaker and Deputy Speaker from among themselves. 

Comparison between Lok Sabha and Rajya Sabha 

• Under Article 75(3), the Council of Ministers is collectively responsible to the Lok Sabha, indicating that the Rajya Sabha does not have the authority to form or dismantle the government. However, it can exert control over the government. and this function becomes quite prominent, particularly when the government does not enjoy a majority in Rajya Sabha. 
• Ministers may belong to either House of Parliament. 
• Every minister has the right to speak and take part in the proceedings of either House, but they are entitled to vote only in the House of which they are a member. 
• Similarly, regarding powers, privileges, and immunities of the Houses of Parliament, their members, and committees thereof, the two Houses are placed absolutely on equal footing by the Constitution. 

Equal Powers of Rajya Sabha and Lok Sabha 

• As per Articles 54 and 61, equal rights with the Lok Sabha in the election and impeachment of the President. 
• As per Article 66, equal rights with the Lok Sabha in the election and removal of the Vice-President. However, Rajya Sabha alone can initiate the removal of the Vice-President. 
• Removal requires a resolution passed by the Rajya Sabha with a special majority and agreed upon by the Lok Sabha with a simple majority. 
• As per Article 105, equal rights with the Lok Sabha to make laws defining Parliamentary privileges and also to punish for contempt. 
• Equal right with the Lok Sabha to approve the Proclamation of Emergency (issued under Article 352), proclamations regarding the failure of the constitutional machinery in states (issued under Article 356), and even a sole right in certain circumstances. 
• Enlargement of the jurisdiction of the Supreme Court and the UPSC. 
• Equal rights in making recommendations to the President for the removal of the Chief Justice of India and other Judges of the Supreme Court and High Courts, Chief Election Commissioner, and Comptroller and Auditor-General. 

Special Powers of Lok Sabha with Respect to Rajya Sabha 

• Lok Sabha has superior powers regarding Money Bills (introduction, passage, and amendments) and Financial Bills not containing solely the matters of Article 110. 
• The Speaker of Lok Sabha presides over the joint sitting of both Houses. The Lok Sabha with a greater number wins the battle in a joint sitting, except when the combined strength of the ruling party in both Houses is less than that of opposition parties. 
• Rajya Sabha can only discuss the budget but cannot vote on the demands for grants. 
• A resolution for the discontinuance of the National Emergency can be passed only by the Lok Sabha and not by the Rajya Sabha. 
• The Rajya Sabha cannot remove the Council of Ministers by passing a no-confidence motion because the Council of Ministers is collectively responsible only to the Lok Sabha. 

Sovereignty of Parliament

• The doctrine of Sovereignty of Parliament originates from the British Parliament, signifying that supreme power lies within the state. However, the Indian Parliament is not regarded as a sovereign body due to legal restrictions on its authority and jurisdiction.  
• Factors limiting Parliament's sovereignty include the written nature of the Constitution, a federal system of government, the system of judicial review, fundamental rights, and special powers assigned to various aspects. 

Special Powers of Rajya Sabha with Respect to Lok Sabha 

• Legislation on State Matters: As a federal chamber, it can initiate Central intervention in the State Legislative Field.  
• Article 249 of the Constitution provides that the Rajya Sabha may pass a resolution, by a majority of not less than two-thirds of the members present and voting, to the effect that it is necessary or advisable for Parliament to legislate on a state subject specified in the resolution. 
• Approval of ordinances issued by the President: The Rajya Sabha has a role in approving ordinances issued by the President. Expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List. 
• If such a resolution is adopted, Parliament will be authorized to make laws on the subject specified in the resolution for the whole or any part of the Territory of India. Such a resolution will remain in force for such a period, not exceeding one year, as may be specified therein, but this period can be extended by one year at a time by passing a further resolution. 

Creation of All India Services 

• Another exclusive power of the Rajya Sabha is contained in Article 312 of the Constitution.  
• If the Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting, declaring that it's necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament will have the power to create by law such services. 

Approval of Proclamation 

• The provision to Clause (4) of Article 352 of the Constitution, inter-alia, provides that if a Proclamation of Emergency is issued when the House of the People remains dissolved, and a resolution approving the proclamation is passed by the Council of States, the proclamation would be legally effective up to a maximum period of 30 days from the date on which the House of the People first sits after its reconstitution.  
• This provision suggests that there might be an occasion when the Council of States could be called into a session at a time when the House of the People stands dissolved. 
• The provision to Clause (3) of Article 356 of the Constitution, which relates to the proclamation to be issued by the President in case of the failure of constitutional machinery in a state, contains a similar stipulation. 

Disqualifications for Membership of Parliament 

Disqualifications for Membership of Parliament are defined as: 

• As per the Representation of People Act, 1951 defection Law 
• As per Article 102 (Office According to Anti-Vacation of Seats of Profit) 
• According to Article 102, a person shall be disqualified from being a member of the House of Parliament if: 
• He or she holds an office of profit under the Government of India or the government of any state other than the office declared by the Parliament by law not to disqualify its holder. 
• He or she is of unsound mind and stands so declared by a competent court. 
• He or she is an undischarged insolvent. 
• He or she is not a citizen of India or has voluntarily acquired the citizenship of a foreign state. 
• If he or she is disqualified by or under any law made by Parliament. 

Office of Profit 

• The term is used in Article 102(1)(a) and 191(1)(a) of the Indian Constitution, which bars a member of the Indian Parliament and State Legislatures from holding an office that would give its occupant the opportunity to gain a financial advantage or benefit. 
• It refers to a post under the Central/State Government which yields salaries, perks, and other benefits. 
• The actual amount of profit gained during the violation has no bearing on its classification. 
• India had the Parliament (Prevention of Disqualification) Act, 1950, 1951, and 1953 exempting certain posts from being recorded as offices of profit. 
• All these Acts were replaced by the Parliament (Prevention of Disqualification) Act, 1959. By virtue of Section 3 of the said Act, certain offices did not disqualify their holders from being members of Parliament. The law was again amended in 2006. 

Representation of People Act, 1951 are 

• He must not have been found guilty of certain election offences and corrupt practices. 
• He must not have been convicted for any offence that results in imprisonment for two or more years. However, detention under preventive detention law is not a disqualification. 
• He must not have failed to lodge an account of election expenses within the stipulated time. 
• He must not be a director or managing personnel in a company/organization in which the government has at least 25% share. 
• He must not have been dismissed from government service due to corruption or disloyalty to the state. 
• He must not be interested in government contracts, works, and services. 

Disqualification According to Anti-Defection Law

• Under the Tenth Schedule, the grounds for disqualification as per Articles 102(2) and 191(2) of the Constitution are as follows: 
• The power to disqualify a member rest with the Chairman or the Speaker of the House. A person shall not be disqualified if his/her original political party merges with another, and he and other members of the political party welcome members of the new political party. 
• The main objective of the law was to abolish the evils of political defection. The 91st Constitutional Amendment Act, 2003 provided disqualification on the ground of defection not to apply in case of a split. 
• The Anti-Defection Law was passed in 1985 by the 52nd Constitutional Amendment, which added the Tenth Schedule to the Constitution. 
• If a member of the House belonging to a political party voluntarily gives up his or her membership of that political party. 
• If he/she abstains from voting or votes contrary to the direction issued by the political party to which he or she belongs. 
• If he or she defects from his or her party after elections. 
• An independent member who joins a political party after his or her election. 
• If one-third of the members of the party split from the parent party and join another party, they are disqualified; however, if two-thirds of the members of the party merge with another party, then they are not disqualified. 
• When a faction of members constituting not less than one-third of a parent splits to form a new group, they are not disqualified. 
• When any nominated member joins any political party after the expiry of six months. 
• Parliament enacted "The Parliament (Prevention of Disqualification) Act, 1959, to protect certain offices of profit from disqualification. It includes ministers, the office of whip, etc. 

Vacation of Seats 

• According to the Indian Constitution, an individual cannot simultaneously be a member of both Houses of Parliament. A member may have to vacate his seat: 
• If the election is declared void by the court. 
• If he is elected to the Office of President, Vice-President, or the Governor of a State. 
• If he is expelled from the House. 
• As per the RPA Act, 1951, a person may vacate his seat under the following provisions: 
• A person who is simultaneously elected to both the Lok Sabha and the Rajya Sabha and who has not yet taken a seat in either House may choose which House he or she wishes to serve in within 10 days. 

Leaders in Parliament 

• There are important functionaries in the Parliament to ensure its smooth functioning such as: 

Leader of the House

• Generally, the Prime Minister (if she/he is a Member of Lok Sabha) or a minister nominated by the Prime Minister (has to be a Member of Lok Sabha) functions as the leader of the House. 
• There is a Leader of the House in Rajya Sabha as well who has to be a Member of Rajya Sabha and is nominated by the Prime Minister. 

Leader of the Opposition 

• The leader of the most substantial opposition party, holding no fewer than one-tenth of the total seats in the House, is appointed as the Leader of the Opposition in both Lok Sabha and Rajya Sabha. (Officially recognized in 1977). The primary role of opposition leaders is to offer constructive criticism to the government and present an alternative vision for governance. 

Whip 

• Each political party, whether in power or in opposition, designates its own whip to serve as an assistant floor leader. Members of parties are anticipated to adhere to the instructions provided by the whip. 

Allocation of Seats in Parliament: 

Parliamentary Sessions 

• Parliamentary sessions represent the designated time during which the Houses conduct and conclude their parliamentary duties, convening on a daily basis. Here are the key aspects of parliamentary sessions: 

Summoning 

• The duration between the initial convening of the House and its prorogation or dissolution, particularly in the case of Lok Sabha, defines a parliamentary session. 
• The interval between the prorogation of the House and its subsequent re-assembly is referred to as a recess. 
• According to the Constitution, there must not be a gap exceeding six months between two consecutive parliamentary sittings. 
• Typically, Lok Sabha conducts three sessions annually. 

Special Sessions 

• Parliament engages in specific business during special sessions, focusing solely on predetermined matters. These sessions can occur within or outside regular sessions. 

Adjournment 

Adjournment, a postponement of House proceedings, may occur day-to-day or for an extended period during a session. Sine-die adjournment, signifying the session's termination without a set date for reconvening, empowers the Presiding Officer to call the House again before or after such adjournment. 

Prorogation 

Prorogation, denoting the session's end, is ordered by the President under Article 85(2)(a) of the Constitution. It can occur while the House is in session, typically following sine-die adjournment. Prorogation doesn't affect bills, but fresh notices are necessary for pending matters in the next session. 

Adjournment vs. Prorogation 

Adjournment may be for the day or an indefinite period, while prorogation signifies the session's conclusion. 

Dissolution 

Dissolution concludes Lok Sabha's term either through the President's order under Article 85(2)(b) or after five years from its first meeting. Dissolution terminates the representative status of Lok Sabha members and is irreversible. Bills pending or passed by Lok Sabha but pending in Rajya Sabha lapse after dissolution. 

Quorum 

Quorum, the minimum required members for conducting business, is one-tenth of the total members, including the Presiding Officer, in each House. The Presiding Officer is responsible for adjourning or suspending the meeting if the quorum is not met. A member absent for 60 days without permission can have their seat declared vacant. 

Resignation and Dual Membership 

Members can resign by addressing the Chairman of Rajya Sabha or Speaker of Lok Sabha. Simultaneous membership as an MLA and MP is prohibited, leading to the vacation of the MP seat in such instances. 

Lame-Duck Session 

The final session of an existing Lok Sabha after a new one is elected is termed a Lame-Duck session. Members not re-elected during this period are referred to as Lame-Ducks. 

Prorogation Decision Authority 

• Adjournment is decided by the Presiding Officer at the day or session's end, while prorogation is ordered by the President of India based on government advice. 

Joint Sitting of Parliament 

• Article 108(1) of the Constitution outlines provisions for a joint sitting of the Parliament, primarily aimed at resolving deadlocks between the two Houses, particularly concerning ordinary legislation. 
• The following conditions prompt a joint sitting: 
  • When a bill, having been passed by one House, is rejected by the other, or if the Houses substantially disagree on amendments for over six months from the bill's receipt by the second House. 
  • The President, unless the bill lapses due to Lok Sabha dissolution, can notify both Houses by message. 
  • Decisions in joint sittings rely on a majority of the total members from both Houses present and voting. The Speaker of the Lok Sabha presides over the joint sitting, adhering to Lok Sabha norms. Notably, for Money Bills, where Lok Sabha has financial pre-eminence, there is no provision for a joint sitting. 
  • In the case of a Constitution Amendment Bill, specific majority requirements, as outlined in Article 368, must be met by both Houses. No provision exists for resolving a deadlock on a Constitution Amendment Bill between the two Houses. 
• Historically, joint sittings occurred in 1961, 1978, and 2002: 
  • First Joint Sitting (1961): Amendments to the Dowry Prohibition Bill, 1960. 
  • Second Joint Sitting (1978): Passage of the Banking Service Commission (Repeal) Bill, 1977. 
  • Third Joint Sitting (2002): Passage of the Prevention of Terrorism Bill, 2002. 

Devices of Parliamentary Proceedings 

Several devices are employed in parliamentary proceedings: 

• Question Hour: Typically, the first hour of a Lok Sabha sitting, dedicated to questions, is known as the Question Hour. Members exercise their right to ask questions on various administrative and governmental aspects. There are three types of questions: 
• Starred Question: Requires an oral answer in the House, marked by an asterisk. Allows for supplementary questions, limited to 20 per day. 
• Unstarred Question: Does not demand an oral answer, and no supplementary questions can follow. I answered in writing and laid on the table after the Question Hour. 
• Short Notice Question: Pertains to urgent public matters and can be asked with less than one day's notice, receiving an oral answer and supplementary questions. 
• Short Duration Discussion: Established in 1953, this convention, later incorporated into procedural rules, allows members to discuss urgent public matters. 
• Let's explore the dynamics of Lok Sabha proceedings, specifically focusing on Rule 193 and its application as Short Duration Discussion. 
• Under this rule, members have the liberty to initiate a brief discussion without the need for a formal motion or subsequent voting. Termed Two-Hour Discussion, the Speaker can designate two days each week for this purpose. 
• In the realm of parliamentary proceedings, there's the intriguing concept of Half-an-Hour Discussion. 
• When the answer to a starred or unstarred question requires clarification on factual matters, any member can submit a notice for a half-an-hour discussion.  
• If the notice gains admission and priority in the ballot, the Speaker may permit such a discussion. Remarkably, the Speaker has the authority to allocate three days a week for Half-an-Hour Discussion. 

Motions 

• Now, let's shift our attention to Zero Hour—an innovative Indian Parliamentary practice addressing urgent public matters. 
• Despite its absence from the Constitution or House Rules, it has been in existence since 1962. 
•  This informal device allows Members of Parliament to raise questions without the mandatory 10-day notice by informing the Speaker. The Presiding Officers regulate Zero Hour by establishing rules to streamline the process, and it commences immediately after the Question Hour. 
• Moving on to Motions, these proposals play a pivotal role in obtaining decisions from the House, expressing its collective will.  
• Various categories include Substantive motion, Substitute motion, Subsidiary motion, Ancillary motions, Superseding motions, and Amendments. 

Types of Motions 

• Diving deeper into motion types, let's explore the Calling Attention Motion—a procedural device enabling a member, with the prior permission of the Speaker, to draw attention to a matter of urgent public importance.  
• This Indian innovation combines questioning, supplementary, and brief comments, offering the government an opportunity to present its case.  
• Established in 1954, it has been a valuable part of parliamentary proceedings. 
• Another noteworthy motion is the Adjournment Motion (Rule 56), designed to temporarily halt the House's regular business for a focused discussion on a specific urgent public matter.  
• If admitted, it requires the support of 50 members and leads to setting aside normal business for an in-depth conversation.  
• This motion involves an element of censure against the government and is voted upon after discussion. Notably, the Rajya Sabha lacks the power to initiate an adjournment motion. 

Point of Order 

• Raised when the House's normal rules of procedure aren't followed. 
• Halts proceedings and doesn't allow debate, an extraordinary measure usually used by the opposition to manage government functioning. 

Resolutions: 

Used to highlight public interest matters to the government or House. 

Three types: 

• Private Member's Resolution: Discussed on alternate Fridays in afternoon sessions. 
• Government Resolution: Introduced by a minister, can be discussed Monday to Thursday. 
• Statutory Resolution: Brought forward by a private member or minister, tied to an Act of Parliament or Constitutional provision. 

Resolutions are a specific type of motion and are all voted upon, unlike some motions 

Youth Parliament 

• Started in 2016 based on recommendations from the Fourth All India Whips Conference. 
• Aims to educate young people about Parliament's workings and values like discipline and tolerance. 

Intended to offer students a proper understanding of democratic institutions' operations. 

Legislative Proceedings 

All legislative proposals begin as bills in Parliament. 

A bill is a proposed law that becomes official when approved by the President. 

Types 

• Ordinary Bills: All bills except Financial Bills. Can be introduced in either House without the President's recommendation, except those relating to state territory reorganization. 
• Passed by a simple majority; a deadlock can be resolved by a joint sitting of both Houses. The President can return these bills for reconsideration once. 
• Procedure: Bill passes through three stages known as Readings: Introduction, Detailed Discussion, Final Approval. 
• Money Bill: Deals specifically with financial matters outlined in Article 110 of the Constitution, like taxes, borrowing, or handling of specific funds. 

Money Bill

• Introduced only in Lok Sabha. 
• Can't be amended by Rajya Sabha, but recommendations are allowed. 
• If Lok Sabha accepts Rajya Sabha's recommendations, it's considered passed by both. 
• If not returned within 14 days, it's deemed passed by both Houses. 
• Needs the President's prior permission. 
• Speaker's certification required. 
• Sent to the President after passing both Houses. The President can call a joint meeting if there's disagreement. 
• Can be stopped by Rajya Sabha for a maximum of 14 days. 
• The President cannot return it for reconsideration. 

Ordinary Bill 

• It can be introduced in Lok Sabha or Rajya Sabha. 
• Introduced by a minister or private member with prior notice. 
• Can be replaced only by a minister. 
• Covers matters outside Money Bill criteria. 
• The decision of whether it's a Money Bill rests with the Lok Sabha Speaker. 

Financial Bill 

 Not exclusive to matters listed in Article 110(1) (a) to (g) of the Constitution. 

• Divided into two categories based on provisions. 
• The first category contains provisions under Article 110(1) (a) to (f) and is categorized as Financial Bills under Article 117(1). 

Similar to Money Bills, this category of bills, known as Financial Bills under Article 117(1) of the Constitution, can only be introduced in Lok Sabha based on the President's recommendation.  

However, unlike Money Bills, other restrictions do not apply to this category. Financial Bills under Article 117(1) can be referred to by a Joint Committee of the Houses. 

In the second category, bills containing provisions that would involve expenditure from the Consolidated Fund of India are categorized as Financial Bills under Article 117(3) of the Constitution. 

These bills can be introduced in either House of Parliament like Ordinary Bills, but the President's recommendation is essential for their consideration. If introduced without the President's recommendation, their consideration cannot proceed. 

Constitution Amendment Bills 

Constitution Amendment Bills, granting Parliament the power to amend the Constitution, can be introduced in either House.

Those affecting vital issues outlined in Article 365(2) require ratification by not less than one-half of the State Legislatures after passing both Houses. 

While the motion for introduction needs a simple majority, effective clauses and motions for consideration and passing demand a majority of the total membership and not less than two-thirds of members present and voting. 

In contrast to other bills, there is no provision for a joint sitting of both Houses to resolve deadlocks in the passage of Constitutional Amendment Bills. If one House rejects the bill or suggests unacceptable amendments, the bill is terminated. 

Upon passage in both Houses, bills are presented to the President for assent.  

The President may give or withhold assent to a Money Bill, and once assented, it cannot be returned for reconsideration.  

For Constitution Amendment Bills passed by the prescribed special majority and ratified by the required number of State Legislatures, the President is obligated to give assent. 

Budget in Parliament 

The budget, referred to as the Annual Financial Statement in the Constitution, falls under Article 112. 

The President presents a statement of estimated receipts and expenditures for the Government of India for the financial year to both Houses.

Expenditure estimates, submitted as demands for grants, cover expenses charged on the Consolidated Fund of India, such as the emoluments of the President, allowances of key officials, and debt charges for which the Government is liable.  

Debt servicing and redemption, as well as the compensation, allowances, and pension for the Comptroller and Auditor-General of India, are part of the financial commitments outlined in the Constitution. 

This includes fulfilling any court or arbitral tribunal judgments, decrees, or awards, along with other expenditures specified by Parliament. 

• The Constitution of India delineates three distinct funds: 
• Consolidated Fund of India (Article 266) 
• Public Account of India (Article 266) 
• Contingency Fund of India (Article 267) 

Government accounts consist of 

Consolidated Fund of India: All receipts, revenues, and loans converge into this fund, and any expenditure requires parliamentary approval through an Appropriation Bill. 

Public Account of India: This includes funds where the government functions as a banker, such as provident funds and small savings.  

Expenditure from this account does not necessitate parliamentary approval but must be repaid to the rightful owners. 

Contingency Fund of India: Established under Article 267, this fund is at the disposal of the President to cover unforeseen expenditures before parliamentary authorization.  

While funds can be withdrawn during emergencies, subsequent approval from Parliament is mandatory. 

The budget presentation 

The budget presentation in India involves the finance minister presenting it to Parliament on a designated date, fixed by the President.  

The budget speech typically covers a general economic survey and taxation proposals. The General Budget, now presented in the morning on the last working day of February, undergoes six stages in Parliament, including budget presentation. 

In 2017, the NDA Government made significant changes to the budget presentation, shifting it to February 1st to secure legislative approval before the start of the new financial year on April 1st. Additionally, the Railway Budget was merged with the Union Budget, and the classification of plan and non-plan expenditure was abolished. 

General Budget Discussion 

After the budget is presented, Parliament discusses it in detail. However, since it can't vote on the entire budget before the new financial year, a "Vote-on-Account" is sought. This allows the government to get approval from Parliament to spend a certain sum for a part of the year, usually for two months. 

Review by Departmental Committees 

Following the initial budget discussion, the House takes a break. During this time, specific committees review the spending requests of various ministries and departments. These committees have to report back within a set period. 

Voting on Spending Requests 

Once the committee reports are ready, the House discusses and votes on the spending requests, ministry by ministry. 

The Speaker concludes this process by putting all the outstanding spending requests to a vote, known as the "Guillotine." The Lok Sabha can approve, refuse, or even reduce the amount sought by the government. However, Rajya Sabha doesn't vote on spending requests and only holds a general discussion on the budget. Only expenses not directly tied to the Consolidated Fund of India are voted upon by the Lok Sabha. 

Cut Motions 

Members can propose cut motions to reduce the government's proposed spending on grounds of economy, policy differences, or to voice grievances. 

If a cut motion passes, it may lead to a no-confidence motion against the government.  

There are three types of cut motions: Economy Cut (calls for cost-saving measures), Policy Cut (signifies complete disapproval of the budget), and Token Cut (symbolic disapproval). So far, no cut motions have been passed. 

Appropriation Bill

After the budget discussions and voting on spending requests, the government introduces the Appropriation Bill.  

This bill allows the government to spend money from the Consolidated Fund of India. The procedure for passing this bill is the same as for other Money Bills. 

Finance Bill 

Following the presentation of the General Budget, the Finance Bill, aimed at implementing the government's taxation proposals, is introduced in the Lok Sabha. It undergoes consideration after the Appropriation Bill is passed. 

Specific provisions related to the imposition or modification of duties take effect immediately upon the bill's introduction due to a declaration under the Provisional Collection of Taxes Act. Parliament must pass the Finance Bill within 75 days of its introduction. 

Other Grants 

Supplementary Grants: Parliament's sanction is essential for any expenditure exceeding the authorized sums. When additional expenditure is required, a supplementary estimate is presented before Parliament. 

Excess Grants: If spending surpasses the allocated amounts for a service during a financial year, the Minister of Finance or Railways presents a demand for an excess grant. 

Additional Grants: Granted when unforeseen expenditure arises for a new service not included in the budget for the year. 

Vote of Credit: Issued when an unforeseen demand on Indian resources occurs due to the magnitude or indefinite nature of the service. Details cannot be stated as in a regular budget, and Parliament's approval is sought. 

Exceptional Grants: Allocated for specific objectives and are not part of the current service for any financial year. 

Token Grants: Issued when funds for a proposed expenditure on a new service can be made available through reappropriation. A token sum may be requested from the House, and if approved, funds become available. 

Parliamentary Privileges 

Parliamentary privilege encompasses the rights and immunities enjoyed collectively by each House of Parliament and its committees, as well as the individual privileges of its members, ensuring efficient discharge of their functions. 

Objectives 

Safeguarding the freedom, authority, and dignity of Parliament. 

Powers, Privileges, and Immunities (Article 105): 

Types of Parliamentary Privileges 

Collective Privileges:
Pertaining to the ability to publish reports, debates, and proceedings, along with protection against arrest during the session for civil matters. 

Individual Privileges: 

 Include the right to free expression, immunity from legal proceedings for statements or votes in Parliament, and exemption from jury duty during parliamentary sessions. Members have the right to decline to give evidence in court without Parliament's consent. 

Parliament's Autonomy: 

Parliament can make rules governing its own procedure and commercial activity, as well as adjudicate on related issues. This independence is subject to constitutional provisions and standing orders governing Parliament's functioning. 

Language in Parliament 

The Constitution specifies Hindi and English as the languages used for conducting business in Parliament.  

However, members can address the House in their native language with permission from the Presiding Officer. Both Houses have arrangements for simultaneous translation. 

Although English was intended to be discontinued as a floor language after fifteen years from the Constitution's commencement, the Official Languages Act of 1963 allowed its continuation alongside Hindi. 

Difference between Breach of Privilege and Contempt of the House 

When an individual or authority disregards or attacks the privileges of members or the House collectively, it constitutes a breach of privilege.  

Contempt of the House, on the other hand, broadly refers to any act or omission that obstructs or impedes either House's functions or hinders members or officers in their duties.  

Contempt may occur even without violating specific privileges, such as disobeying a committee order or publishing reflections on a member's character. 

Parliamentary Committees 

Parliamentary Committees are appointed, elected, or nominated by the House or the Speaker, working under the Speaker's direction and presenting reports to the House or the Speaker.  

The Secretariat for these committees is provided by the Lok Sabha Secretariat.  

They can be broadly classified into two categories: 

Ad Hoc Committees 

Formed for a specific purpose, Ad Hoc Committees are constituted by the House or Presiding Officers and disband after completing their assigned task. 

 Examples include select or joint committees on bills and committees investigating specific subjects. 

Joint Parliamentary Committees 

JPCs are constituted through a motion adopted by one House and concurred by the other or through communication between the Presiding Officers.  

Members are either elected or nominated. JPCs have the authority to summon any authority, including the Prime Minister. 

Standing Committees 

Permanent in nature, Standing Committees are either elected by the House or nominated periodically by the Speaker or Chairman.  

They serve as long-term bodies for the Lok Sabha and Rajya Sabha, respectively. 

• Some notable Standing Committees of the Lok Sabha include: 
  • The Business Advisory Committee 
  • Committee of Privileges 
  • Committee on Government Assurances 
  • Estimates Committee 
  • Rules Committee 
  • Committee on Empowerment of Women 
  • Committee on Public Undertakings 
  • Committee on the Welfare of Scheduled Castes and Scheduled Tribes 
  • Public Accounts Committee 

Financial Committees 

Some financial committees are as follows: 

Estimates Committee 

• The Estimates Committee, established in 1950, is a Parliamentary Committee comprising 30 members selected annually by the Lok Sabha in proportion to party strength, making it the largest committee in Parliament.  
• Ministers are ineligible for committee membership, and the term of office is one year. The committee's functions include: 

Functions of Estimate Committee 

• Reporting on economies, organizational improvements, efficiency, or administrative reforms aligned with the policy underlying the estimates. 
• Suggesting alternative policies to enhance efficiency and economy in administration. 
• Examining whether allocated funds adhere to the policy implied in the estimates. 
• Recommending the form in which estimates should be presented to Parliament.  
• The committee excludes public undertakings assigned to the Committee on Public Undertakings by the Rules of Procedure of Lok Sabha or the Speaker. 

Public Accounts Committee 

• Established in 1921, the Public Accounts Committee comprises up to 22 members, including 15 from Lok Sabha and 7 from Rajya Sabha.  
• Members are elected by their respective Houses, and the Chairman, typically from the opposition party, is appointed by the Speaker. The committee's functions encompass: 
• Examining the annual audit reports of the Comptroller and Auditor General (CAG) laid before Parliament by the President. 
• Reviewing CAG reports on appropriation accounts, finance accounts, and public undertakings. 
• Scrutinizing government accounts to ensure legal availability and applicability of disbursed funds. 
• Ensuring expenditures conform to governing authorities. 
• Verifying that re-appropriations align with provisions made by competent authorities. 
• Examining cases involving losses, nugatory expenditure, and financial irregularities, along with scrutinizing CAG reports. 

Committee on Public Undertakings: 

• Established in 1964 based on the Krishna Menon Committee recommendations, this committee comprises 22 members, with 15 elected by Lok Sabha and 7 by Rajya Sabha. The committee's one-year term involves: 
• Examining reports and accounts of public undertakings. 
• Reviewing CAG reports on select Public Sector Undertakings (PSUs). 
• To determine whether the management of public undertakings aligns with sound commercial principles. 

Department Related Standing Committees (DRSCs) 

• Established in 1993, DRSCs scrutinize the functioning of various ministries and departments of the Union Government, enhancing government accountability to Parliament. 
• 24 DRSCs, with a maximum of 31 members each, consist of 21 members nominated by the Speaker, Lok Sabha, and 10 nominated by the Chairman, Rajya Sabha. 
• Under the control of the Chairman, Rajya Sabha, and the Speaker, Lok Sabha, these committees, excluding ministers, examine bills referred to them and submit reports. The reports hold persuasive value. 
• DRSC functions include considering demands for grants, examining bills related to ministries or departments, reviewing annual reports, and evaluating national long-term policy documents. 
• If the government accepts committee recommendations, it may introduce official amendments during bill consideration or withdraw the bill, incorporating the committee's suggestions into a new one. 

Functions of DRSCs 

• Consider demands for grants and report on related ministries or departments. 
• Examine and report on bills referred to the committee. 
• Review and report on annual reports of ministries or departments. 
• Consider and report on national long-term policy documents. 

Other Committees 

• Committees for inquiries, privileges, and ethics. 
• Committees overseeing government assurances, subordinate legislation, papers laid on the table, welfare of SC and STs, empowerment of women, and the joint committee on the office of profit. 
• Committees manage day-to-day House business, including house-keeping and consultative committees. 

Parliamentary Reforms 

• It is vital for Parliament to regularly review and update its structural-functional requirements. 
• Parliamentary reforms should focus on building a better image, improving member conduct, ensuring a minimum working period of 100-120 days, enhancing information supply and committee efficacy, and legislative planning for higher law quality. 
• Codification of Parliamentary privileges. 
• Improvement in the functioning of Parliamentary parties, floor management, and the timetable. 
• Rationalizing and modernizing rules of procedure to meet contemporary needs. 

Additional Parliamentary Committees 

• Business Advisory Committee: This committee oversees the House's program and timetable, allocating time for legislative and other business brought forward by the government. 
• Committee on Government Assurances: Examining assurances, promises, and undertakings made by ministers on the House floor, this committee reports on the extent to which they have been fulfilled. 
• Committee on Subordinate Legislation: Examining reports presented to the House, this committee ensures that powers to make regulations, rules, sub-rules, and bylaws delegated by Parliament or conferred by the Constitution to the executive are properly exercised. 
• Committee on Private Member's Bill and Resolutions: A special committee of Lok Sabha, it comprises 15 members, including the Deputy Speaker as its Chairman. The committee classifies bills and allocates time for discussions on bills and resolutions introduced by private members. 

Parliamentary Forums 

Established to provide a platform for members to interact with ministers, experts, and key officials, parliamentary forums serve to raise awareness about crucial issues on both macro and micro levels. 

• Notable Parliamentary Forums: 
• Water Conservation and Management (2005) 
• Youth (2006) 
• Children (2006) 
• Population and Public Health (2006) 
• Global Warming and Climate Change (2008) 
• Artisans and Craftspeople (2013) 
• Disaster Management (2011) 
• Millennium Development Goals (2013) 

The Lok Sabha Speaker is the Ex-officio President for all forums except the Parliamentary Forum on Population and Public Health. The Chairman of Rajya Sabha serves as the Ex-officio President for these two forums, while the Speaker holds the position of Ex-officio Co-President. 

New Parliament 

• On May 28, 2023, the Prime Minister inaugurated the new Parliament building as part of the Central Vista Redevelopment project, aimed at revitalizing India's central administrative area. 
• Designed by HCP Design, Planning and Management under architect Bimal Patel and constructed by Tata Projects Ltd., the new Parliament building stands alongside the existing one and covers a built-up area of approximately 65,000 sq m. 
• Featuring a triangular shape for efficient space utilization, the new building includes a larger Lok Sabha Hall with a capacity of up to 888 seats and a larger Rajya Sabha hall with up to 384 seats. Joint sessions of Parliament can now accommodate up to 1,272 seats. 
• A state-of-the-art Constitutional Hall is at the heart of Indian democracy, emphasizing the centrality of citizens in governance.  
• The new building prioritizes accessibility for differently abled individuals, promoting inclusivity. 
• Reflecting India's cultural diversity, the new Parliament incorporates bamboo wood flooring from Tripura and carpets from Mirzapur in Uttar Pradesh.  
• Dholpur stone continues to be the main building material, with red granite potentially replacing red sandstone in various interior spaces.