Revision Notes: Parliament | Indian Polity for UPSC CSE PDF Download

Introduction to the Indian Parliament

Article 79 of the Constitution states that there shall be a Parliament of the Union which shall consist of the President and two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

• The Rajya Sabha was constituted on 3 April 1952, and its first session was held on 13 May 1952.

• The First Lok Sabha was constituted on 17 April 1952, and its first session commenced on 13 May 1952, after the first general election in the winter of 1951-52.

Indian Parliament

Composition of the Parliament

Lok Sabha

• The Lok Sabha can have a maximum of 552 members.
• Out of these, 530 members represent the States, and 20 members represent Union Territories.
• Earlier, 2 members from the Anglo-Indian community were nominated, but this was abolished by the 104th Constitutional Amendment Act, 2019.
• Currently, 17 members are elected from the Union Territories, with the law allowing for a maximum of 20 members from these territories.

• Election: Members are directly elected by the people.

• Duration:The duration of the Lok Sabha is five years from the date of the first meeting. But if an emergency is in force, its duration can be extended by one year at a time and a maximum of six months thereafter (Article 83).

Rajya Sabha

• The Rajya Sabha can have a maximum of 250 members.
• Of these, 12 members with special knowledge in literature, science, art, or social service are nominated by the President.
• Election: Members are elected by State Legislative Assemblies using proportional representation.
• Duration: Rajya Sabha is a permanent House and, therefore, cannot be dissolved. However, 1/3rd of its members retire every two years. Thus, the term of each member of the Rajya Sabha comes to six years.

Presiding Officers

Lok Sabha: Lok Sabha elects its own presiding officers called the Speaker and the Deputy Speaker. Both are elected for the term of the Lok Sabha.

• The Speaker is the Presiding officer of the Lok Sabha.
• He does not vote, but he can use his casting vote in case of a tie.
• He presides over the joint sittings of the Lok Sabha and the Rajya Sabha.
• He does not preside when a resolution for his removal is discussed by the House but he can participate in the proceedings of the House when such a resolution is being discussed.

Rajya Sabha: The Vice-President acts as the Ex-Officio Chairman of the Rajya Sabha. The Deputy Chairman is elected by the Rajya Sabha.

Qualifications for Election as a Member of Parliament 

• Every citizen of India who has completed 25 years of age is qualified to be elected to the Lok Sabha.
• For the election to the Rajya Sabha, the age is kept at 30 years. Some other qualifications may also be prescribed by law.

Disqualifications from Membership

• A person can be disqualified from being elected or continuing as a Member of Parliament if they:
  a)  Hold an office of profit under the government,
  b) Are of unsound mind as declared by a court,
  c) Are an undischarged insolvent,
  d) Acquire citizenship of another country voluntarily,
  e) Are disqualified under any law made by Parliament.

• The President decides on such disqualification matters, based on the advice of the Election Commission.

Functions of Parliament

• Legislative Functions: The Parliament has the authority to make laws on subjects listed in the Union List, Concurrent List, and even on residuary subjects not mentioned in any list. It also gains the power to legislate on matters in the State List if the Rajya Sabha passes a resolution deeming it necessary in the national interest.
• Financial Functions: The Parliament exercises full control over the finances of the Union Government. It alone can authorize the levying of taxes or approve expenditures. No tax can be imposed, nor money spent, without the approval of the Parliament. It has exclusive powers to impose taxes on subjects mentioned in the Union List.
• Executive Functions: Parliament holds the executive accountable, particularly the Council of Ministers, who are collectively responsible to the Lok Sabha. A vote of no-confidence passed by the House compels the Cabinet to resign. Parliamentarians also exercise control through questions, debates, censure motions, adjournment motions, and discussions on the Budget and the President’s Address.
• Constitutional Functions: The Parliament has the power to amend provisions of the Constitution. Some amendments can be made by a simple majority, while others require a special majority and, in certain cases, ratification by at least half of the states.
• Electoral Functions: The Parliament plays a crucial role in the election process of key positions. It participates in the election of the President and elects the Vice-President. Members of the Lok Sabha elect the Speaker and Deputy Speaker, while members of the Rajya Sabha elect the Deputy Chairman.
• Miscellaneous Functions: Parliament can create new All-India Services if needed. It also has the authority to remove high constitutional authorities like the President, Vice-President, Judges of the Supreme Court and High Courts, Comptroller and Auditor-General, and Chief Election Commissioner, following procedures laid down in the Constitution.

 Key Parliamentary Terms

• Vote of Credit & Exception Grants: During a national emergency, the House might grant lump-sum money without details through a vote of credit. Exception grants are meant for a special purpose.
• Quorum: The minimum number of members of the legislature must be present to make the proceedings valid. The minimum number of required members for the fulfillment of quorum is equal to one-tenth of the total number of members of the legislature including the speaker or the person acting as such.
• Token cut: This involves reducing the amount requested for a grant by Rs 100, typically used to express a specific grievance that the Government of India needs to address. A cut motion is a tool for the opposition to initiate discussions on grant demands and holds symbolic significance.
• Whip: Organizing Secretary of a Parliamentary party, with authority over its members to maintain discipline and secure attendance at Parliamentary debates and voting. Whip also means an order given by such a secretary to members of the party or to attend a debate and vote.
• No-confidence Motion: A resolution introduced by the opposition claiming that the House has lost its confidence in the government.
• Pro Tem Speaker: When the Lok Sabha first convenes after a general election, the President appoints a member as the Pro Tem Speaker, typically the senior-most member. The Pro Tem Speaker's role concludes when the newly elected members take their oaths and elect their Speaker. For Example, Bhartruhari Mahtab has taken oath as Pro-tem Speaker of the 18th Lok Sabha 
• Half an Hour Discussion: This occurs from questions that have already been answered. In the Lok Sabha, it takes place during the last half-hour on Mondays, Wednesdays, and Fridays, while in the Rajya Sabha, it generally starts at 5 P.M.

Parliamentary Privileges

Members of Parliament (MPs) possess certain powers, privileges, and immunities that are crucial for maintaining the dignity and independence of the House.

These privileges are categorized into two groups:

• Privileges enjoyed by individual Members; and
• Privileges that belong to each House of Parliament as a collective body.

Individual Privileges:

• Freedom of Speech: MPs have the right to speak freely in Parliament without fear of legal consequences.
• Freedom from Arrest: MPs are protected from arrest in civil cases but not in criminal cases while Parliament is in session.
• Exemption from Jury and Witness Duty: MPs are exempt from serving as jurors or witnesses in legal proceedings.

Collective Privileges of the Houses:

• Right to Publish Debates: Each House has the right to publish its debates and proceedings, as well as to prevent others from doing so.
• Right to Exclude: Each House can exclude individuals from its premises.
• Right to Regulate Internal Affairs: Each House has the authority to regulate its internal affairs and make decisions regarding matters within its premises.
• Right to Punish Misconduct: Each House can punish instances of parliamentary misconduct.
• Right to Discipline: Each House has the right to discipline both its members and outsiders for violations of its privileges.

Legislative Procedure in Parliament

Ordinary Bills 

• An Ordinary Bill can be introduced in either House and has to be passed with the required majority in that House.
• Then the Bill is sent to the other House. The other House may
  i) agree to the Bill,
  ii) reject the Bill,
  iii) pass the Bill with amendments, or
  iv) not take any action for six months.
  In case the other House agrees to the Bill, it is passed by both Houses. In the other three cases, if the first House insists on getting the Bill passed and the second House is adamant about not passing the Bill as wanted by the first House, a joint sitting of the two Houses may be convened to end the deadlock.
• After the Bill is passed or deemed to have been passed by both the Houses, the Bill is presented to the President for his assent. A bill becomes law only when the President gives it his assent. The President has the option to send the Bill back to the Parliament with his message. But if the Bill is again passed by the two Houses, the President will have to give his assent.

Joint sitting of the two Houses

• In case of a deadlock over the passing of a Bill, the President summons a joint sitting. The joint sitting is presided over by the Speaker.
• Once a Bill is passed at a joint sitting, it is deemed to have been passed by both the Houses. 
• Since the numerical strength of the Lok Sabha is greater than that of the Rajya Sabha, the will of the Lok Sabha is likely to prevail.

Money Bill

• A Money Bill is a bill that deals exclusively with financial matters such as taxation, borrowing of money by the government, expenditure from or receipt to the Consolidated Fund of India, and related issues.
• A money bill can originate only in the Lok Sabha on the recommendation of the President.
• After a money bill has been passed by the Lok Sabha, it is transmitted to the Rajya Sabha.
• The Rajya Sabha is given 14 days to make its recommendations.
• If the Rajya Sabha fails to make a recommendation within this period, the bill is considered to have been passed by both the Houses of Parliament and is transmitted to the President for his assent.
• If the Rajya Sabha returns the Bill within 14 days with its recommendations, it is up to the Lok Sabha to accept or reject the recommendations.
• Even if the Lok Sabha does not accept the recommendations of the Rajya Sabha the bill is deemed to have been passed by both Houses.
• Thus with regard to the money bill, the final authority rests with the Lok Sabha and the Rajya Sabha can delay its enactment for a maximum period of 14 days.

Finance Bill

• It is broader in scope than a Money Bill, covering taxation, borrowing, and other financial matters.
• It does not require the Speaker’s certification.
• In case of disagreement between the two Houses, the matter is resolved through a joint sitting of Parliament.

Difference Between Money Bill and Finance Bill

• A money bill deals exclusively with taxation, borrowing, or expenditure whereas a Finance Bill has broader coverage in that it deals with other matters as well.
• A money bill is certified by the Speaker, whereas a finance bill requires no such certificate.
• A money bill must be returned by the Rajya Sabha within 14 days of its receipt with its recommendations, if any, which the Lok Sabha is not bound to accept. 
• In case of disagreement over a Finance Bill, the matter is resolved in a Joint Sitting of both Houses, decided by a majority of members present and voting.

Financial Legislation

• An annual budget containing the proposed expenditure and estimated income and taxation proposals is introduced by the Finance Minister, about a month before the commencement of the new financial year, in the Lok Sabha.
• Demands for grants of various Ministries are discussed by the Lok Sabha and is approved one by one.
• All the expenditure approved through various demands for grants are presented in the form of an Appropriation Bill by the Finance Minister in the Lok Sabha.
• Taxation proposals are presented by him in the form of the Finance Bill.

Adjournment, Prorogation and Dissolution

• Adjournment: Adjournment refers to the suspension of a sitting of the House by the Presiding Officer. It is an internal affair of the House and may be for a specified time or indefinitely. Adjournment does not affect any Bill pending before the House.
• Prorogation: Prorogation is the formal ending of a session of Parliament by the President. It usually follows a sine die adjournment. A notification is issued by the President to prorogue the session. Importantly, a pending Bill does not lapse upon prorogation of the House.
• Dissolution: Dissolution terminates the life of the Lok Sabha and can only be done by the President. Once dissolved, all pending Bills in the Lok Sabha lapse, except those passed by one House and pending in the other. The Rajya Sabha is not subject to dissolution, as it is a permanent body.

Committees of Parliament

The Parliament is assisted by a number of committees in the discharge of its duties. The members of these committees are appointed by the Speaker or elected by the House from amongst its members.

The important Committees of the Lok Sabha are: 

• Business Advisory Committee: It consists of 15 members with the Speaker as its chairman. It plans and regulates the business of the House and advises regarding the allocation of time for discussion of different matters. It also decides when the sessions of the Parliament should be called.
• Committee on Private Members’ Bills and Resolutions: It consists of 15 members. It classifies the bills submitted by members of the House according to their importance.
• Select Committees: There are a number of select committees constituted for the consideration of different kinds of bills. These committees collect information and submit reports on bills referred to them.
• Committee on Petitions: It consists of 15 members. The Committee examines the petitions submitted to it and suggests remedial measures.
• Rules Committee: It consists of 15 members with the Speaker as its ex-officio chairman. The committee considers matters of procedure and the conduct of business in the House and makes suggestions for the improvement of procedure.
• Committee on Privileges: This committee, consisting of 15 members, looks into cases regarding the violation of privileges of members of Parliament and recommends appropriate action.
• Committee on Subordinate Legislation: This committee examines rules and regulations enacted by the executive to fill the gaps in the laws enacted by Parliament and ascertains how far these rules are within the limits prescribed in the main law.
• Committee on Public Undertakings: Consisting of 15 members—10 from the Lok Sabha and 5 from the Rajya Sabha—this committee examines the working of public undertakings, including their accounts and finances.
• Committee on Government Assurances: This committee examines how far the assurances and undertakings given by ministers on the floor of the House have been implemented within the stipulated period.
• Committee on Absence of Members: This committee examines the leave applications of members. It also looks into cases where members have been missing from the house without permission for more than six months. It can condone the absence of such members or declare the seat vacant and ask for a by-election to fill the same.
• Estimate Committee: This committee is constituted by the Lok Sabha on the basis of proportional representation and consists of 30 members. It examines the annual estimates and suggests alternative policies to the government to ensure efficiency and economy in administration.
• Public Accounts Committee: This committee consists of 22 members—15 from the Lok Sabha and 7 from the Rajya Sabha. It is assisted by the Comptroller and Auditor General of India. It ensures that expenditure has not exceeded the grants made by Parliament and the money has been spent for the purpose for which it was sanctioned. In short, the committee ensures regularity and economy in expenditure.

Points To Be Remembered

• Substantive Motion: It is a self-contained proposal submitted for the approval of the House. For example, adjournment motion, no-confidence motion, etc.
• Resolution: It is a substantive motion. While every resolution is a motion, not all motions are substantive. Moreover, all resolutions are put to vote, but not all motions necessarily require voting. Examples of resolutions include private member’s resolution, government resolution, and statutory resolution.
• Pardon: It rescinds both the sentence and the conviction and absolves the offender from all punishment and disqualifications.
• Commutation: It merely substitutes one form of punishment for another of a lighter character.
• Remission: It reduces the amount of sentence without changing its character.
• Respite: It means awarding a lesser sentence instead of the penalty prescribed in view of the pregnancy of a woman offender.
• Reprieve: It means a stay of execution of a sentence, e.g., pending a proceeding for pardon or commutation.