PARLIAMENT

PARLIAMENT

 

•          PARLIAMENT (Art. 79 to 122 in Part V)

•          President (Art. 52)

•          The Council of State or Rajya Sabha (Art. 80)

•          The House of People or Lok Sabha (Art. 81)

 

 

 

•          President, not a member of either house but he is an integral part of the parliament.  In these respect framers of the Indian constitution relied on British system rather than American system.

•         Unlike Britain and India, American president is not an integral part of the legislature.

•          President can: summons and pro-rogues both the Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when they are not in session, and so on.

•          President can dissolve Lok Sabha before completion of 5 years and this cannot be challenged in any court of law.

 

 

 

 

 

 

 

 

 

•          Hindi names Rajya Sabha and Lok Sabha were adopted in 1954.
•          Maximum Strength – 250 (238 from States & UTs, elected indirectly and 12 Nominated by President).

•          Present Strength – 245 members of these, 229 members represent the states, 4 members represent the UTs and 12 members (art, literature, science and social service) are nominated by the president.

•         In The USA all states are given equal representation in the Senate irrespective of their population.

•          Fourth Schedule of the Constitution Allocation of seats in the Rajya Sabha to the States and Union Territories.

•         Note: Only Delhi, Puducherry and Jammu & Kashmir have representation in Rajya Sabha (total nine union territories).

•         American Senate (Upper House) has no nominated members.

•          Maximum Strength – 552 (530 from States & 20 members from UTs and 2 nominated members from Anglo-Indian community by president).

•          Present Strength – 545 members of these, 530 members represent the states, 13 members represent the UTs and 2 Anglo-Indian (Art. 331) members are nominated by the President.

•          In current 17th Lok Sabha, no member has been nominated from the Anglo-Indian community.

 

NOTE: The Anglo-Indian reserved seats in the Parliament and State Legislatures of India was discontinued by 104th Constitutional Amendment Act, 2019

 

•          Members are elected by the elected members of state legislative assemblies by the system of proportional representation by means of the single transferable vote.

•         The seats are allotted to the states in the Rajya Sabha on the basis of population.

•          Members are directly elected by the people from the territorial constituencies in the states and election is based on the principle of universal adult franchise.

•          Members of Lok Sabha from the UTs are also chosen by direct election.

•          61st Constitutional Amendment Act, 1988 – voting age reduced to 18 from 21 years.

•          It is a continuing chamber, i.e. it is a permanent body and not subject to dissolution. However, one-third of its members retire every second year. The retiring members are eligible for re-election and renomination any number of times. •          It is not a continuing chamber. Its normal term is five years from the date of its first meeting after the general elections, after which it automatically dissolves.

•          Term can be extended one year at time for any length of time during National Emergency (Art. 352).

 

104th CAA 2019: To extend reservation (till 25th January 2030) for SC and ST (Art. 330 and 332) to Lok Sabha and legislative bodies + Discontinuing the provision of nominating Anglo Indians (Art. 331) to Lok Sabha (2 members) and legislative bodies (1 member).

 

Proportional Representation system for the election of: President + Vice-President + Election to the Rajya Sabha + Election to the Legislative Council.

 

MEMBERSHIP OF PARLIAMENT

 

 

 

 

 

 

 

Qualifications:

AS LAID DOWN IN CONSTITUTION: Citizen of India.

1.       Make and subscribe to oath or affirmation à Schedule 3

2.       Not less than 30 years of age in the case of the Rajya Sabha.

3.       Not less than 25 years of age in the case of the Lok Sabha.

4.       Any other provided by Parliament through Legislation. i.e. RPA 1951

 

AS PER PROVISIONS OF RPA, 1951:

1.       Must be registered as an elector for parliamentary constituency.

2.       Must be member of SC-ST community in any state or UT if contesting on reserved seat.

 

MINIMUM AGE FOR CONTESTING ELECTIONS (ART. 84):

•          Panchayats and Urban Local Bodies à 21 years

•          Legislative Assembly and Lok Sabha à 25 years

•          Legislative Council and Rajya Sabha à 30 years

 

 

Disqualification

•       AS LAID DOWN IN CONSTITUTION à Holds any office of profit + Unsound mind and stand so declared by court + An undischarged insolvent + Not a citizen of India + Any other provided by Parliament through Legislation (RPA 1951).

•       AS PER PROVISIONS OF RPA, 1951 à Found guilty of certain election offences or corrupt practices + Convicted for any offence resulting in imprisonment for two or more years + Failed to lodge an account of his election expenses within the time + Interested in government Contracts, Works or Services + Dismissed from government service for Corruption or Disloyalty + Preaching and practicing social crimes + Convicted for promoting enmity between different groups or for the offence of bribery + Director or managing agent or hold an office of profit in a corporation in which the government has at least 25% share.

•       ON GROUND OF DEFECTION à Voluntarily gives up party membership + Votes or abstains from voting contrary to given direction + Independently elected member joins any party + Nominated members join any party after expiry of 6 months.

 

NOTE: Decision of the President is final on the question, whether a member is subject to any of the above disqualifications. President should obtain the opinion of the election commission and act accordingly.

 

NOTE: The question of disqualification under the Tenth Schedule is decided by the Presiding officer of the house (Chairman in Rajya Sabha and Speaker in Lok Sabha) (not by the president of India).

 

 

 

 

 

 

 

Vacating of Seats:

Double Membership •          Elected to both houses then must inform within 10 days else in default Rajya Sabha become vacant.

•          Sitting member elected to another house first house become vacant.

•          Elected to two seats, should opt one else both become vacant.

•          A person cannot be member of both parliament and state legislature, his parliament seat become vacant if not resign in state within 14 days.

Disqualification •          Specified in the Constitution and on the grounds of defection under Tenth Schedule of the Constitution.
Resignation/ death •          To Presiding officer of house.
Absence •          Absent for more than 60 days without permission.
Other Cases •          if election is declared void by the court;

•          if he is expelled by the House;

•          if he is elected to the office of President or Vice-President; and

•          if he is appointed to the office of governor of a state.

 

Oath/

Affirmation:

•       Before President or some person appointed by him.

•       Before taking and subscribing to the prescribed oath or affirmation he cannot vote and participate in the proceedings of the House and does not become eligible to parliamentary privileges and immunities and if do so liable for penalty.

 

 

Salaries and Allowances:

•          Members of either House of Parliament are entitled to receive such salaries and allowances as may be determined by Parliament, and there is no provision of pension in the Constitution.

•          Salaries of Speaker, Deputy Speaker of Lok Sabha and Chairperson, Deputy chairperson of Rajya Sabha are determined by parliament, however they are charged on consolidated fund of india.

 

NOTE: The Speaker and the Deputy Speaker, while assuming their offices, do not make and subscribe any separate oath or affirmation.

 

PRESIDING OFFICERS OF PARLIAMENT

 

SPEAKER OF LOK SABHA (ART. 93) CHAIRPERSON OF RAJYA SABHA (ART. 89)
  •         Institutions originated under the GoI Act of 1919.
  •          G.V. Mavalankar à first Speaker of the Lok Sabha.
  •          Elected by the Lok Sabha from amongst its members.
  •          Date of election is fixed by the President.
  •         Remains in office during the life of the Lok Sabha.
  •         Resignation to Deputy Speaker.
  •          Resolution of removal shall be moved only after giving 14 days’ advance notice. Such resolution shall be passed by the Lok Sabha by an absolute majority (i.e. a majority of all the then members of the House) and motion of removal can be considered and discussed only when it has the support of at least 50 members.
  •         When a resolution of removal is under consideration of the House, he cannot preside at the sitting of the house. However, he can vote in first instance not in case of equality of votes.
  •          If the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.
  •       Vice-president of India is the ex-officio Chairman of the Rajya Sabha.
  •       Can be removed from his office only if he is removed from the office of the Vice-President.
  •       Unlike the Speaker the Chairman is not a member of the House.
  •       Like Speaker, chairperson of RS cannot vote in first instance but can cast vote in case of equality of vote.   i.e.  Casting Vote.
  •      When a resolution of removal is under consideration of the House, he can take part in proceedings as a normal member without right to vote.
  •      Salary and allowance fixed by parliament charged on consolidated fund of India.

 

POWERS AND DUTIES:

•         Maintains order and decorum in the House.

•         Final interpreter of the provisions of the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha, and the parliamentary precedents, within the House.

•         Does not vote in the first instance but can exercise a casting vote in the case of a tie.

•         He presides over a joint setting (Art. 108) of the two Houses.

•         Allow a ‘secret’ sitting of the House at the request of the Leader of the House.

•         Decides whether a bill is a money bill or not and his decision on this question is final. Endorses on the bill his certificate that it is a money bill.

•         Decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of defection. Decision is subject to judicial review (Kihoto Hollohan case)

•         Appoints the chairman of all the parliamentary committees of the Lok Sabha and supervises their function.

•         Ex-officio chairman of the Business Advisory Committee, the Rules Committee and the General-Purpose Committee.

 

INDEPENDENCE AND IMPARTIALITY ENSURED BY: Provided with security of tenure + Salaries and Allowances are fixed by Parliament and are charged on the Consolidated Fund of India + Work and conduct cannot be discussed and criticized except on a substantive motion + Very high position placed at seventh rank, along with the Chief Justice of India + Ranks higher rank than all cabinet ministers, except the Prime Minister or Deputy Prime Minister.

Powers and duties similar to Speaker, except two special power which are mentioned as:

1.       Speaker decides whether a bill is a money bill or not and his decision on this question is final.

2.      The Speaker presides over a joint sitting of two Houses of Parliament.

 

 

SPEAKER PRO – TEM (Article – 95): Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha. Speaker pro-Tem institution (temporary office) facilitates the transition of the institution from old ones to newly elected members. He also enables the House to elect the new Speaker. President appoints (also administers oath) a member of the Lok Sabha as the Speaker Pro-Tem. Usually, the senior most member is selected for this.

 

LEADERS IN PARLIAMENT

 

DEPUTY SPEAKER OF LOK SABHA AND OTHERS (ART. 93) DEPUTY CHAIRMAN OF RAJYA SABHA AND OTHERS (ART. 89)
•         Since the 11th Lok Sabha, there has been a consensus that the Speaker comes from the ruling party (or ruling alliance) and the post of Deputy Speaker goes to the main opposition party.

•         Deputy Speaker is elected after the election of the Speaker has taken place.

·         Deputy-Chairman submits his/her resignation to Chairman (VP) of Rajya Sabha.

·         Chairman (VP) of Rajya Sabha submits his/her resignation to the President of India.

 

•     Elected by respective house amongst its members and date of election is fixed by Speaker/Chairman.

•     Not subordinate to the Speaker/Chairman directly responsible to the House.

•     Entitled to a regular salary and allowance fixed by Parliament and charged on the Consolidated Fund of India.

•     Removal procedure – similar to speaker/ Chairperson.

•     Presides joint sitting (Art. 108) in case the Speaker   is absent.

•     If appointed as member in parliamentary committee automatically becomes its chairman.

 

——

PANEL OF CHAIRPERSONS OF LOK SABHA/ VICE-CHAIRPERSONS RAJYA SABHA:

•         Nominated by Speaker/Chairperson.

•         Not more than 10 members.

•         Presides when speaker/chairman and Deputy speaker/chairman are absent.

•         In case both speaker/chairman and deputy speaker/chairman seats are vacant president appoints members from panel does not presides.

•         Salaries and Allowances are fixed by Parliament and are charged on the Consolidated fund of India.

 

Leader of the House: Under the Rules of House (i.e. Lok Sabha or Rajya Sabha) (not mentioned in the Constitution), the prime minister where he is the member, he is the leader of the House and for other house a minister who is nominated by the prime minister to function as the Leader of that House (i.e. Lok Sabha or Rajya Sabha).

 

Leader of the Opposition (LoP): Under the Parliamentary Statute (not mentioned in the Constitution) 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 LoP in that House. He enjoys the status of a minister and is paid by the government. LoP recognised for the first time in 1969. Got statutory recognition in 1977. Called as “Alternative Prime Minister” by Ivor Jennings.

 

Whip: The office of ‘whip’ is neither mentioned in the Constitution of India nor in the Rules of the House nor in a Parliamentary Statute, it is based on the conventions of the parliamentary government. Every political party has its own whip in the Parliament to serve as an assistant floor leader. Ensuring the attendance of his party members in large numbers. Securing their support in favour of or against a particular issue. Regulates and monitors their behaviour in the Parliament.

 

SESSIONS OF PARLIAMENT

 

 

Summoning

(Art. 85):

•         President summons each House of Parliament to meet. Parliament should meet at least twice a year.

•         ‘Session’ is the period spanning between the first sitting of a House and its prorogation.

•         ‘Recess’ period spanning between prorogation of a House and its reassembly.

 

Adjournment:

•         A sitting of Parliament can be terminated by Presiding officer through adjournment, which suspends the work in a sitting for a specified time, which may be hours, days or weeks.

•         It only terminates sitting of the house for a specified time.

Adjournment Sine Die: •         It means terminating a sitting of Parliament for an indefinite period by Presiding Officer of the house.
 

Prorogation:

  •          The President issues a notification for prorogation of the session whether the house is adjourned, adjourned sine die or in session.
  •          It terminates sitting and session of the house.
 

 

 

Dissolution:

  •         Only the Lok Sabha is subject to dissolution. Unlike a prorogation, dissolution ends the very life of the existing House. Dissolution is irrevocable.
  •         Dissolution of the Lok Sabha may take place in either of two ways:

1.       Automatic dissolution, that is, on the expiry of its tenure or

2.       Whenever the President decides to dissolve the House, which he is authorized to do.

  •         When the Lok Sabha is dissolved, all business including bills, motions, resolutions and so on pending before it or its committees lapse. The position with respect to lapsing of bills is as follows.
 

 

Lame Duck Session

•         It is the last session of the existing Lok Sabha, after a new Lok Sabha has been elected.

•         Those members of the existing Lok Sabha who could not get re-elected to the new Lok Sabha are called lame-ducks.

 

Quorum:

  •          It is the minimum number of members required to be present in the House before it can transact any business.
  •         It is one tenth of total members of house including presiding officer.
 

Language in Parliament:

  •         Constitution has declared Hindi and English to be the languages for transacting business in the Parliament.
  •         Members can address the House in his mother-tongue with prior permission of the presiding officer.
Rights of Minister and Attorney General
  •         Every minister and the attorney general of India have the right to speak and take part in the proceedings of both the House, any joint sitting of both the Houses and any committee of Parliament of which he is a member, without vote.

 

Bill lapses 1.       Bills pending in the Lok Sabha (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha)

2.       Bills passed by the Lok Sabha but pending in the Rajya Sabha. (Note – A bill originating in Lok Sabha lapses)

Bills does not lapse 1.       Bill not passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha.

2.       Bill pending in the Rajya Sabha but not passed by the Lok Sabha.

3.       Bill passed by both Houses but pending assent of the president.

4.       Bill passed by both Houses but returned by the president for reconsideration of Houses.

 

PRESIDENT à Address, Summon, Prorogue, Dissolution.

PRESIDING OFFICER à Adjournment, Adjournment sine-de

 

DEVICES OF PARLIAMENTARY PROCEEDINGS

 

 

 

 

Question Hour:

•         1st Hour of parliamentary sitting usually member ask question and minister give answer but sometime question can be asked to private members too.

•         It was initially given by Indian Council Act 1892.

•         Mentioned in the Rules of Procedure.

•         Starred Question: Require oral answer and Supplementary question can be asked.

•         Unstarred Question: Require written answer and Supplementary question cannot be asked.

•         Short Notice Question: Answered orally and asked on short notice of less than 10 days.

 

Zero Hour:

•         Informal device to raise matters without any prior notice. Starts immediately after the question hour and lasts until the agenda for the day.

•         Indian innovation (since 1962) + Not mentioned in the Rules of Procedure.

•         Starts immediately after the question hour.

 

Motions:

  •        Every discussion on matter of public importance starts with the motion with the consent of presiding officer.
  •         Motions are of three categories.

1.       SUBSTANTIVE MOTION: Self-contained, Independent proposal dealing with a very important matter. (Substantive means Important)

2.       SUBSTITUTE MOTION: Proposes an alternative, If adopted by the House, it supersedes the original motion. (Substitute means Replacement)

3.       SUBSIDIARY MOTION: By itself has no meaning needs reference to the original motion or proceedings of the House else it cannot state the decision of the House.

4.       SUB-CATEGORIES:  Ancillary Motion, Superseding Motion, Amendment.

 

 

 

 

Closure Motion:

  •          Moved by a member to cut short the debate It approved debate is stopped and the matter is put to vote.
  •         FOUR KINDS OF CLOSURE MOTIONS:

5.    Simple Closure: Matter sufficiently discussed is now put to vote.

6.    Closure by Compartments: Clauses of a bill or resolution are grouped to debate and then after debate entire group is put to vote.

7.    Kangaroo Closure: Only important clauses are taken up for debate and voting and the other clauses are skipped and taken as passed.

8.    Guillotine Closure: If the time allotted for the discussion is over the undiscussed clauses or a resolution are also put to vote along with the discussed ones due to want of time.

Privilege Motion:
  •          Moved by a member if he feels that a minister has committed a breach of privilege of the House.
Calling Attention Motion:
  •          Moved by a member to call the attention of a minister to a matter of urgent public importance.
  •          Indian Innovation and Mentioned in rules of procedure.
 

 

Adjournment Motion:

  •          It is introduced to draw attention of the House to a definite matter of urgent public importance which is definite, factual, urgent, matter of recent occurrence.
  •          An extraordinary device, it interrupts the normal business of the House.
  •          Rajya Sabha is not permitted to use because it involves an element of censure against the government.
  •          It should not cover more than one matter and not discussed earlier in the same session and needs the support of 50 members to be admitted.
Confidence Motion:
  •         Sometime called upon by the President then government of the day need to prove their majority on the floor of the House.
  •         If the confidence motion is not passed, it results in the fall of the government.
 

 

 

No-Confidence Motion

(Art. 75)

  •          Art. 75– The council of ministers shall be collectively responsible to the Lok Sabha. This principle is the bedrock of parliamentary democracy.
  •          Not mentioned in Constitution, is moved under Rule 198 of rules of procedure and can be moved only in Lok Sabha.
  •          Ministry stays in office so long as it enjoys confidence of the majority of the members of the Lok Sabha
  •         Needs the support of 50 members to be admitted but no need to state the reasons for its adoption.
  •          Moved only against the entire council of ministers (Not against individual/ group of ministers) and If passed, the council of ministers must resign from office.
Censure Motion:
  •         Moved to seek the disapproval of certain policy of the government power.
  •          Need to state the reasons for its adoption.
  •          Can be moved against an individual minister or a group of ministers or the entire council of ministers
  •          If it is passed in the Lok Sabha, the council of ministers need not resign from the office but government to seek the confidence of the house immediately.
 

Motion of Thanks

  •          The first session after each general election and the first session of every fiscal year is addressed by the president. This address is discussed in both the Houses of Parliament on a motion called the ‘Motion of Thanks’.
  •          After discussion, the motion is put to vote if the motion is not passed it amounts to the defeat of the government.
No-Day-Yet-Named Motion:
  •          Motion that has been admitted by the Speaker but no date has been fixed for its discussion.
 

Dilatory Motion:

 

  •         It is a motion for the adjournment of the debate on a bill / motion / Resolution.
  •         It can be moved by a member at any time after a motion has been made.
  •         Debate must be restricted to the matter contained in motion.
  •         This motion is to retard or delay the progress of a business under consideration of the House.
 

Point of Order:

  •         Usually Opposition member raise a point of order when the proceedings of the House do not follow the normal rules of procedure in order to control the government.
  •          An extraordinary device as it suspends the proceedings before the House and debate is not allowed on a point of order.
Half-an-Hour Discussion:
  •         It is meant for discussing a matter of sufficient public importance.
  •         There is no formal motion or voting before the House.
Short Duration Discussion:
  •          Also known as two-hour discussion as the time allotted for such a discussion should not exceed two hours.
  •          There is neither a formal motion before the house nor voting.
Special Mention:
  •         A matter which is not under any rule of the House can be raised under the special mention in the Rajya Sabha.
 

 

 

 

 

 

Resolutions:

  •         Members move resolutions to draw the attention of the House or the government to matters of general public interest and discussion is strictly relevant to and within the scope of the resolution.
  •          A member who has moved a resolution or amendment to a resolution cannot withdraw it without the Permission of house.
  •          All resolutions come in the category of substantive motions whereas all motions need not necessarily be substantive. So, all motions are not necessarily put to vote of the House, whereas all the resolutions are required to be voted upon.

There are Three types of Resolution:

1.       Private Member’s Resolution: Moved by Private members and discussed on alternate Fridays only in afternoon sitting.

2.       Government Resolution: Moved by a minister and discussed on any day from Monday to Thursday

3.       Statutory Resolution: Moved by anyone private member or a minister.

 

LEGISLATIVE PROCEDURE IN PARLIAMENT
  • The legislative procedure is same in both the Houses of Parliament. Every bill has to pass through the same stages in each House.
 

BASED ON

INTRODUCTION:

PUBLIC BILL: Introduced by Minister in Parliament + Introduction requires 7 days’ notice + Drafted by concerned department.
PRIVATE BILL: Introduced by any member other than a minister + Introduction requires 1-month notice + Drafting is the responsibility of the concerned member.
 

 

 

 

 

 

 

 

 

 

 

 

 

BASED ON

SUBJECT MATTER

ORDINARY BILL:

•         Any matter other than financial subjects.

•         Every ordinary bill has to pass through the 5 stages in the Parliament as shown in flow chart below this table.

•         Can be introduced in both Lok Sabha and Rajya Sabha and by minister and members.

•         Can be introduced without president’s recommendation.

•         Can be amended or rejected by Rajya Sabha.

•         Rajya Sabha can keep it for a maximum period of six months.

•         Does not require the certification of the Speaker.

•         Sent to President for assent if passed by both the house and in case of dead lock, Joint sitting can be called by president.

•         Defect in the Lok Sabha may lead to resignation of government if it is introduced by minister.

•         President can reject, approve or can return it for reconsideration.

MONEY BILL (ARTICLE 110):

•         Matter concerned with financial matter like taxation.

•         Can be introduced Only in Lok Sabha.

•         Introduced only on the recommendation of the President.

•         Cannot be amended or rejected by the Rajya Sabha should return the bill with or without recommendation Lok Sabha may accept or reject recommendation.

•         Rajya Sabha can keep it for a maximum period of 14 days.

•         Requires the certification of the Speaker.

•         Rajya Sabha has limited power with respect to money bill so no chance of any disagreement.

•         President can reject or approve but cannot return it to parliament for reconsideration.

FINANCIAL BILL – ARTICLE 117 (1) AND 117 (3)

•         Matter concerned with financial matter other than the matters of money bill.

•         All Money bills are financial bill but all financial bills are not money bills.

CONSTITUTIONAL AMENDMENT BILL:

•         Matter concerned with the amendment of the provisions of the Constitution (Art. 368).

 

STAGES OF ENACTMENT

 

FIRST READING

 

•         Member has to ask for leave of the house for introduction.

•         No discussion on the bill at this stage.

 

 

 

SECOND READING

 

•          Most Important Stage

•          Three More Sub Stage:

1.       Stage of General Discussion: Principles of bill and   its provisions discussed generally and refer it to committee.

2.       Committee Stage

3.       Consideration Stage: Consider the provision of bills clause by clause and each clause is discussed and voted separately.

 

THIRD READING

 

•         Debate is confined to acceptance or rejection of the bill as a whole. No amendment is allowed.

•         If passed transmitted to other house for consideration and approval.

 

BILL IN THE SECOND HOUSE

 

•         If the second House passes the bill without any amendments or the first House accepts the amendments suggested by the second House, the bill is deemed to have been passed by both the Houses and the same is sent to the president for his assent.
ASSENT OF PRESIDENT

 

•         If the president gives his assent to the bill, the bill becomes an act and is placed on the Statute Book.

 

DIFFERENCE BETWEEN FINANCIAL BILL (I) and FINANCIAL BILL (II)

 

FINANCIAL BILL (I) FINANCIAL BILL (II)
•         Bill that not contain exclusively matters of Article 110, but also contains other matters of general legislation. •         Bill contains provisions involving expenditure from the Consolidated Fund of India, but does not include any of the matters mentioned in Article 110.
•         In two aspects is similar to a money bill:

1.       Can be introduced only in the Lok Sabha and

2.      Introduced only on the recommendation of the president.

•         Can be introduced in both House of Parliament.

•         Recommendation of the President is not necessary for its introduction but is required at the consideration stage.

•         Governed by the same legislative procedure applicable to an ordinary bill.
•         In case of a disagreement president can summon a joint sitting of the two Houses to resolve the deadlock
•         President can either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration of the Houses.

 

JOINT SITTING (Art. 108) OF TWO HOUSE
  • It is extraordinary machinery provided by the Constitution to resolve a deadlock between the two Houses over the passage of a bill.
  • The president can summon joint sitting for the purpose of deliberating and voting on the bill.
  • Provision of joint sitting is applicable to ordinary bills or financial bills only and not to money bills or Constitutional amendment bills.
  • Bill in dispute needs to be passed by a majority of the total number of members of both the Houses present and voting in the joint sitting, then bill is deemed to have been passed by both the houses.
  • After the President notifies his intention to summon a joint sitting of the two Houses, none of the Houses can proceed further with the bill nor will that bill lapse on the dissolution of Lok Sabha.
  • The Speaker of Lok Sabha presides over a joint sitting of the two Houses and the Deputy Speaker, in his absence. Chairman of Rajya Sabha does not preside over a joint sitting as he is not a member of either House of Parliament but deputy chairman of Rajya Sabha can.
  • The quorum to constitute a joint sitting is one-tenth of the total number of members of the two Houses but governed by the Rules of Procedure of Lok Sabha and not of Rajya Sabha.
  • Since 1950, the provision regarding the joint sitting of the two Houses has been invoked only thrice i.e.
    1. Dowry Prohibition Bill, 1960
    2. Banking Service Commission (Repeal) Bill, 1977
    3. Prevention of Terrorism Bill, 2002
BUDGET (Art. 112) IN PARLIAMENT
  • The Constitution refers to the budget as the ‘Annual Financial Statement’, been dealt with in Article 112 of the Constitution.
  • The budget is a statement of the estimated receipts and expenditure of the Government of India in a financial year.
  • The Constitution of India contains the following provisions with regard to the enactment of budget:
    1. The President laid before both the Houses of Parliament a statement of estimated receipts and expenditure of the Government of India for that year.
    2. No demand for a grant shall be made except on the recommendation of the President.
    3. No money shall be withdrawn from the Consolidated Fund of India (CFI) except under appropriation made by law.
    4. No tax shall be levied or collected except by authority of law and parliament can reduce or abolish a tax but cannot increase it.
    5. The Rajya Sabha has no power to vote on the demand for grants; it is the exclusive privilege of the Lok Sabha.
    6. The expenditure charged on the CFI shall not be voted in Parliament but it can be discussed by the Parliament.
  • The budget consists of two types of expenditure – the expenditure ‘charged’ upon the Consolidated Fund of India and the expenditure ‘made’ from the Consolidated Fund of India.

 

  • Few examples of Charged expenditure are Salaries and allowances of President, Chairman and Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of Lok Sabha and Judges of Supreme Court etc.
  • Any sum required to satisfy any judgement, decree or award of any court or arbitral tribunal.
  • Any other expenditure declared by the Parliament to be so charged.

 

  • Stages in Enactment: Presentation of Budget à General discussion à Scrutiny by departmental committees à Voting on demands for Grant à Passing of appropriation bill à Passing of finance bill.
  • Few motions during voting on demand for grant used by members of parliament to reduce any demand for grant are called ‘Cut Motion’, they are:
Policy Cut Motion: It represents the disapproval of the policy underlying the demand the amount of the demand be reduced to Re 1.
 

Economy Cut Motion:

It states that the amount of the demand be reduced by a specified amount (which may be either a lump sum reduction in the demand or omission or reduction of an item in the demand).
Token Cut Motion: It states that the amount of the demand be reduced by 100 INR.
  • In addition, income and expenditure for one financial year, various other grants are made by the Parliament under extraordinary or special circumstances:
Supplementary Grant: It is granted when the amount authorized for particular service for the current financial year is found to be insufficient for that year.
Additional Grant: It is granted for additional expenditure upon some new service not contemplated in the budget for that year. (It’s like when we are paying additional charges which are not included in our original package)
Excess Grant: When money has been spent on any service during a financial year in excess of the amount granted for that service in the budget for that year.
Vote of Credit: It is granted for meeting an unexpected demand upon the resources of India, when on account of the magnitude or the indefinite character of the service, the demand cannot be stated with the details ordinarily given in a budget.
Exceptional Grant: It is granted for a special purpose and forms no part of the current service of any financial year.
 

Token Grant:

It is granted when funds to meet the proposed expenditure on a new service can be made available by reappropriation. Reappropriation involves transfer of funds from one head to another. It does not involve any additional expenditure.

 

DIFFERENT FUNDS:

 

CONSOLIDATED FUND OF INDIA PUBLIC ACCOUNT OF INDIA CONTINGENCY FUND OF INDIA
•      Article 266 •      Article 266 •      Article 267
•      It is a fund to which all receipts are credited and all payments are debited. •     All public money other than those which are credited to the CFI shall be credited here. •    Amounts determined by parliament by law are paid time to time into this fund.
•      All the legally authorized payments on behalf of the Government of India are made out of this fund. •       Includes provident fund deposits, judicial deposits, savings bank deposits, departmental deposits, remittances and so on. •    Fund is placed at the disposal of the president, and he can make advances out of it to meet unforeseen expenditure.
•       No money out of this fund can be issued except in accordance with a parliamentary law. •       Operated by executive action. •    Held by the finance secretary on behalf of the president. It is operated by executive action.

 

ROLE OF PARLIAMENT

It enjoys extensive powers and performs a variety of functions towards the fulfilment of its constitutionally expected role. Its powers and functions can be classified under the following heads: Legislative Powers and Functions + Executive Powers and Functions + Financial Powers and Functions + Constituent Powers and Functions + Judicial Powers and Functions + Electoral Powers and Functions + Other powers and functions

 

SPECIAL POWERS OF RAJYASABHA

The Rajya Sabha has been given four exclusive or special powers that are not enjoyed by the Lok Sabha:

  1. It can authorise the Parliament to make a law on a subject enumerated in the State List (Article 249).
  2. It can authorise the Parliament to create new All-India Services common to both the Centre and states (Article 312).
  3. Resolution for the removal of the vice-president can be introduced only in the Rajya Sabha not in the Lok Sabha (Article 67).
  4. If a proclamation for imposing national emergency or president’s rule or financial emergency (Articles 352, 356 and 360) can remain effective even it is approved by the Rajya Sabha alone if Lok Sabha is dissolved before or during the emergency period.

 

PARLIAMENTARY PRIVILEGES
  • Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members.
  • The Constitution has also extended the parliamentary privileges to the attorney general of India but the parliamentary privileges do not extend to the president who is also an integral part of the Parliament.

 

 

 

 

 

 

 

 

COLLECTIVE

PRIVILEGES:

THE PRIVILEGES BELONGING TO EACH HOUSE OF PARLIAMENT COLLECTIVELY ARE:

  •         It has the right to publish its reports, debates and proceedings and also the right to prohibit others from publishing the same.
  •         They hold secret sittings to discuss some important matters and can exclude strangers from its proceedings.
  •         It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters.
  •         It can punish members as well as outsiders for breach of its privileges or its contempt.
  •          It has the right to receive immediate information of the arrest, detention, conviction, imprisonment and release of a member.
  •         It can institute inquiries and order the attendance of witnesses and send for relevant papers and records.
  •          The courts are prohibited to inquire into the proceedings of a House or its committees.
  •          No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the permission of the Presiding officer.
 

 

 

INDIVIDUAL

PRIVILEGES:

THE PRIVILEGES BELONGING TO THE MEMBERS INDIVIDUALLY ARE:

  •         They cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session. Applicable only in civil cases and not in criminal cases or preventive detention cases.
  •          They have freedom of speech in Parliament. No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its committees.
  •          They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session.
BREACH OF PRIVILEGE AND CONTEMPT OF THE HOUSE:
  •          When any individual or authority disregards or attacks any of the privileges, rights and immunities, either of the member individually or of the House in its collective capacity, the offence is termed as breach of privilege and is punishable by the House.
 

 

 

SOURCES OF

PRIVILEGES:

Originally, the Constitution (Article 105) mentioned two privileges, that is, freedom of speech in Parliament and right of publication of its proceedings. Till now parliament has not made any special law to exhaustively codify all the privileges. They are based on five sources, namely:

1.       Constitutional provisions

2.       Various laws made by Parliament

3.       Rules of both the Houses

4.       Parliamentary conventions and

5.       Judicial interpretations.

 

SOVEREIGNTY OF PARLIAMENT
  • Sovereignty means the supreme power within the State. There are no ‘legal’ restrictions on its authority and jurisdiction. The doctrine of ‘sovereignty of Parliament’ is associated with the British Parliament means supreme power in Great Britain lies with the Parliament.
  • The Indian Parliament, on the other hand, cannot be regarded as a sovereign body in the similar sense as there are ‘legal’ restrictions on its authority and jurisdiction.
  • The factors that limit the sovereignty of Indian Parliament are:
  1. Written Nature of the Constitution
  2. Federal System of Government
  3. System of Judicial Review
  4. Fundamental Rights
  • In this regard, the Indian Parliament is similar to the American Legislature (known as Congress). In USA also, the sovereignty of Congress is legally restricted by the written character of the Constitution, the federal system of government, the system of judicial review and the Bill of Rights.