Parliament

 Supreme Legislative Body: The Parliament is the legislative organ

of a Union government and the Parliament of India is its supreme
legislative body.

o It occupies a pre-eminent and central position in the Indian

democratic political system due to the adoption of
the Parliamentary form of Government (‘Westminster’
model of government).
 First Parliament: The first general elections under the new
Constitution of India were held during the year 1951-52 and the first
elected Parliament came into existence in April, 1952.
 Constitutional Provisions: Articles 79 to 122 in Part V of the
Constitution deal with the organisation, composition, duration,
officers, procedures, privileges and powers of the Parliament.
 Frame of Reference for Parliament: The framers of the Indian
Constitution relied on the British pattern for Parliament rather
than the American pattern.

o The President is not an integral part of the legislature in

the USA, however, in India, it is.
Organs of Parliament
 Rajya Sabha (The Council of States):
o About: It is the Upper House (Second Chamber or House
of Elders) and it represents the states and union
territories of the Indian Union.

 The Rajya Sabha is called the permanent

House of the Parliament as it is never fully
dissolved.
 The IV Schedule of the Indian Constitution
deals with the allocation of seats in the Rajya
Sabha to the states and UTs.
o Composition: The maximum strength of Rajya Sabha
is 250 (out of which 238 members are representatives of
the states & UTs (elected indirectly) and 12 are
nominated by the President).
 Current strength of the house is 245, 229
members represent the states, 4 members
represent the UTs and 12 are nominated by the
president.
o Election of Representatives: The representatives of
states are elected by the members of state legislative
assemblies.
 The representatives of each UT in the Rajya
Sabha are indirectly elected by members of an
electoral college specially constituted for the
purpose.
 Only three UTs (Delhi, Puducherry
and Jammu & Kashmir) have
representation in Rajya Sabha (others
don’t have enough population).
 The members nominated by the President
are those who have special knowledge or
practical experience in art, literature, science
and social service.
 The rationale is to provide eminent
persons a place in the house without
going through elections.
o Functions: Rajya Sabha has an important role
of reviewing and altering the laws initiated by the Lok
Sabha.
 It can also initiate legislation and a bill is
required to pass through the Rajya Sabha in
order to become a law.
 o Power:
 State Related Matters: The Rajya Sabha
provides representation to the States.
Therefore, any matter that affects the States
must be referred to it for its consent and
approval.
 If the Union Parliament wishes to
remove/transfer a matter from the
State list, the approval of the Rajya
Sabha is necessary.
 Lok Sabha (The House of the People):
o About: It is the Lower House (First Chamber or Popular
House and it represents the people of India as a whole.
o Composition: The maximum strength of the Lok Sabha is
fixed at 550 out of which 530 members are to be the
representatives of the states and 20 of the UTs.
 The current strength of Lok Sabha is 543, out
of which 530 members represent the states and
13 represent the UTs.
 Earlier, the President also nominated two
members from the Anglo-Indian community,
but by the 95th Amendment Act, 2009, this
provision was valid till 2020 only.
o Election of Representatives: The representatives of states
are directly elected by the people from the territorial
constituencies in the states.
 By the Union Territories (Direct Election to
the House of the People) Act, 1965, the
members of Lok Sabha from the UTs are
chosen by direct election.
o Functions: One of the most important functions of the
Lok Sabha is to select the executive, a group of persons
who work together to implement the laws made by the
Parliament.
  This executive is often what we have in mind
when we use the term government.
o Powers:
 Decisions in Joint Sitting: Any ordinary law
needs to be passed by both the Houses.
 However, in case of any difference
between the two Houses, the final
decision is taken by calling a joint
session of both the Houses.
 Due to a larger strength, the view of
the Lok Sabha is likely to prevail in
such a meeting.
 Power in Money Matters: Lok Sabha
exercises more powers in money
matters. Once the Lok Sabha passes the budget
of the government or any other money related
law, the Rajya Sabha cannot reject it.
 The Rajya Sabha can only delay it by
14 days or suggest changes in it,
however, the former may or may
not accept these changes.
 Power over Council of Ministers: The Lok
Sabha controls the Council of Ministers.
 If the majority of the Lok Sabha
members say they have ‘no
confidence’ in the Council of
Ministers, all ministers including the
Prime Minister, have to quit.
 The Rajya Sabha does not have this
power.
  President:
o About: The President of India is not a member of either
of the Houses and does not sit in the Parliament to
attend its meetings but s/he is an integral part of the
Parliament.
 S/He is the head of the state and is the highest
formal authority in the country.
o Appointment: The elected Members of Parliament (MPs)
and the elected Members of the Legislative Assemblies
(MLAs) elect the President of India.
o Powers:
 Assent for Passing a Bill: A bill passed by both
the Houses of Parliament cannot become law
without the President’s assent.
 Summoning and Prorogation of Houses: He
has the power to summon and prorogue both
the Houses, dissolve the Lok Sabha and issue
ordinances when the Houses are not in session.
Membership of Parliament
 Qualifications:
o Rajya Sabha: S/He should be a citizen of India and at
least 30 years of age.
 S/He should make an oath or
affirmation stating that s/he will bear true faith
and allegiance to the Constitution of India.
 According to the Representation of People
Act, 1951, s/he should be registered as a voter
in the State from which s/he is seeking election
to the Rajya Sabha.
 However, in 2003, a provision was
made declaring, any Indian citizen
can contest the Rajya Sabha elections
 irrespective of the State in which s/he
resides.
o Lok Sabha: S/He should be not less than 25 years of age.
 S/He should declare through an oath or
affirmation that s/he has true faith and
allegiance in the Constitution and that a/he will
uphold the sovereignty and integrity of India.
 S/He must possess such other qualifications as
may be laid down by the Parliament by law
and must be registered as a voter in any
constituency in India.
 Person contesting from the reserved seat
should belong to the Scheduled Caste or
Scheduled Tribe as the case may be.
 Disqualifications:
o On Constitutional Grounds:
 If s/he holds any office of profit under the
Union or state government (except that of a
minister or any other office exempted by
Parliament).
 If s/he is of unsound mind and stands so
declared by a court.
 If s/he is an undischarged insolvent.
 If s/he is not (or not anymore) a citizen of India.
 If s/he is disqualified under any law made by
Parliament.
o On Statutory Grounds (Representation of People Act,
1951):
 Found guilty of certain election
offences/corrupt practices in the elections.
 Convicted for any offence resulting in
imprisonment for two or more years (detention
 under a preventive detention law is not a
disqualification).
 Has been dismissed from government service
for corruption or disloyalty to the State.
 Convicted for promoting enmity between
different groups or for the offence of bribery.
 Punished for preaching and practising social
crimes such as untouchability, dowry and sati.
 Tenure:
o Rajya Sabha: Every member of Rajya Sabha enjoys
a safe tenure of six years.
 One-third of its members retire after every two
years. They are entitled to contest again for
the membership.
o Lok Sabha: The normal term of Lok Sabha is five years.
But the President, on the advice of the Council of
Ministers, may dissolve it before the expiry of five years.
 In the case of national emergency, its term can
be extended for one year at a time. But it will
not exceed six months after the emergency is
over.
 Officials:
o Rajya Sabha: The Vice-President of India is the ex-
officio Chairman of the Rajya Sabha. S/He presides over
the meetings of Rajya Sabha.
 In his absence the Deputy Chairman (elected by
its members from amongst themselves) presides
over the meeting of the House.
o Lok Sabha: The presiding officer of Lok Sabha is
known as Speaker.
  S/He remains the Speaker even after Lok Sabha
is dissolved till the next House elects a new
Speaker in her/his place.
 In the speaker’s absence, a Deputy Speaker
(elected by the House) presides over the
meetings.
Powers/Functions of Parliament
 Legislative Functions: Only Parliament can make laws on the
subjects of the Union List. Along with the State Legislatures, the
Parliament is empowered to make laws on the Concurrent List.
o In a subject not mentioned in any list, the residuary powers
are vested with the Parliament.
 Financial Functions: It is the custodian of the public money. The
Government can neither impose any tax on the public nor spend the
money without the approval of the Parliament.
o The budget is approved by the Parliament every year.
 Electoral Functions: It participates in the election of the President of
India and also elects the Vice-President.
o The Lok Sabha elects its Speaker and Deputy Speaker and
the Rajya Sabha elects its Deputy Chairman.
 Power of Removal: Certain high functionaries may be removed from
office on the initiative of the Parliament.
o It can remove the President, Judges of the Supreme
Court and High Courts through impeachment for
violation of the Constitution.
 Amendment of the Constitution: Most of the parts of the
Constitution can be amended by the Parliament by special majority.
o Certain provisions can only be amended by the Parliament
with the approval of States.
o The Parliament cannot change the basic structure of the
Constitution.
  Power over Executive: Parliament exercises control over the
Executive through question-hour, zero hour, calling attention
notice, adjournment motion etc.
o The government always takes these motions very
seriously because the government’s policies are criticized
severely and their likely impact on the electorate whom the
government would have to face ultimately.
o By a vote of no-confidence, the Parliament can remove the
Cabinet (executive) out of power. It can reject a budget proposal
or any other bill brought by the Cabinet. A motion of no-
confidence is passed to remove a government from office.
o Adjournment Motion: Allowed only in the Lok Sabha, the chief
objective of the adjournment motion is to draw the attention of
the Parliament to any recent issue of urgent public interest. It is
considered an extraordinary tool in Parliament as the normal
business is affected.
o The Parliament appoints a Committee on Ministerial
Assurances that sees whether the promises made by the
ministers to the Parliament are fulfilled or not.
o Censure Motion: A censure motion is moved by the opposition
party members in the House to strongly disapprove any policy of
the government. It can be moved only in the Lok Sabha.
Immediately after a censure motion is passed, the government
has to seek the confidence of the House. Unlike in the case of the
no-confidence motion, the Council of Ministers need not resign if
the censure motion is passed.
o Cut Motion: A cut motion is used to oppose any demand in the
financial bill brought by the government.

Leaders in Parliament
 Leader of the House: Under the Rules of Lok Sabha, the ‘Leader
of the House’ means the Prime Minister (or another minister who
is a member of Lok Sabha and is nominated by the PM to function as
the Leader of the House).
 o There is also a ‘Leader of the House’ in the Rajya
Sabha who is a minister and a member of the Rajya Sabha
and is nominated by the PM to function as such.
o S/He exercises direct influence on the conduct of
business.
o The office of leader of the house is not mentioned in the
Constitution but in the Rules of the House.
 Leader of the Opposition: The leader of the largest Opposition
party having not less than one-tenth seats of the total strength of the
House is recognised as the leader of the Opposition in a House.
o S/He provides constructive criticism of the government
policies and to provide an alternative government.
o The leader of Opposition in both the Houses
were accorded statutory recognition in 1977 and are
entitled to the salary, allowances and other facilities
equivalent to that of a cabinet minister.
o The office of leader of the opposition is not mentioned in
the Constitution but in the Parliamentary Statute.
 Whip: Every political party, whether ruling or opposition has its own
whip in the Parliament.
o S/He is appointed by the political party to serve as an
assistant floor leader, charged with the responsibility of
ensuring the attendance of his party members in large
numbers and securing their support in favour of or against
a particular issue.
o He regulates and monitors their behaviour in the
Parliament and the members are supposed to follow the
directives given by the whip.
o The office of ‘whip' is mentioned neither in the Indian
Constitution nor in the other two statues mentioned above.
It is based on the conventions of the parliamentary
government.
Sessions of Parliament
 Summoning:
o Summoning is the process of calling all members of the
Parliament to meet.
 The summoning of Parliament is specified
in Article 85 of the Constitution.
o The President summons each House of the Parliament
from time to time.
 However, the maximum gap between
two sessions of Parliament cannot be more
than six months.
 Sessions:
o India does not have a fixed parliamentary calendar. By
convention, Parliament meets for three sessions in a year.
 Budget Session: Longest session, starts
towards the end of January, and concludes by
the end of April.
 Monsoon Session: Second session, usually
begins in July and finishes in August.
 Winter Session: Third session, held from
November to December.
 Adjournment:
o An adjournment suspends the work in a sitting for a
specified time, which may be hours, days or weeks.
o When the meeting is terminated without any definite
time/date fixed for the next meeting, it is
called Adjournment sine die.
o The power of adjournment as well as adjournment sine
die lies with the presiding officer (Speaker or Chairman)
of the House.
 Prorogation:
o Unlike adjournment, Prorogation terminates a sitting as
well as the session of the House.
o It is done by the President of India.
o Prorogation is different from the dissolution (of Lok
Sabha).
 Quorum:
o Quorum refers to the minimum number of the members
required to be present for conducting a meeting of the
house.
o The Constitution has fixed one-tenth strength as quorum
for both Lok Sabha and Rajya Sabha.
 Joint Session of Parliament:
o The Constitution of India, under Article 108, provides for
the joint sitting of the Lok Sabha and the Rajya Sabha, in
order to break any deadlock between the two.
o The joint sitting is called by the President and
is presided over by the Lok Sabha Speaker.
 In the speaker’s absence, the Deputy
Speaker of the Lok Sabha presides over the
meeting.
 In the absence of both, it is presided over by
the Deputy Chairman of the Rajya Sabha.
 Lame Duck Session: It refers to the last session of the existing Lok
Sabha, after a new Lok Sabha has been elected.
o Those members of the existing Lok Sabha who could not
get re-elected to the new Lok Sabha are called lame-ducks.
Devices of Parliamentary Proceedings
 Question Hour:
o The first hour of every parliamentary sitting is termed
as Question hour. It is mentioned in the Rules of
Procedure of the House.
o During this time, the members ask questions and the
ministers usually give answers. The questions are of three
types:
 Starred questions: These are distinguished by
an asterisk and require oral
answers. Hence supplementary questions can
follow.
 Unstarred questions: It requires a written
answer and hence, supplementary questions
cannot follow.
 Short notice questions: The matters of public
importance and of urgent character are
considered under this type of questions. These
are asked by giving a notice of less than ten
days and are answered orally.
 Zero Hour:
o A Zero Hour is an Indian parliamentary innovation. It
is not mentioned in the parliamentary rules book.
 Under this, the Members of Parliament (MPs)
can raise matters without any prior notice.
o The zero hour starts immediately after the question
hour and lasts until the agenda for the day (regular
business of the House) is taken up.
 In other words, the time gap between the
question hour and the agenda is known as zero
hour.
 Half-an-Hour Discussion:

o It is meant for discussing a matter of sufficient public

importance, which has been subjected to a lot of debate
and the answer to which needs elucidation on a matter of
fact.
o The Speaker can allot three days in a week for such
discussions. There is no formal motion or voting before
the House.
 Short Duration Discussion:
o It is also known as two-hour discussion as the time
allotted for such a discussion should not exceed two hours.
o The members of the Parliament can raise such discussions
on a matter of urgent public importance.
o The Speaker can allot two days in a week for such
discussions. There is neither a formal motion before the
house nor voting.
o This device has been in existence since 1953.