Parliament

(Part 1)

By Prashant Tiwari
 Connect here
Call Me :- 9240023222
[Link]@[Link]

@Prashanttiwari26
 SYSTEM OF ELECTIONS TO LOK SABHA
Electoral System Adopted: First-Past-The-Post (FPTP)
● The Constitution adopted territorial representation through First-Past-The-
Post (FPTP) system for Lok Sabha elections.

● Under this:

○ The country is divided into single-member constituencies.

○ Voters cast one vote for one candidate.

○ The candidate who secures the highest number of votes is declared

elected.

○ It is also known as simple majority system.

[Link]
 Electoral System Adopted: First-Past-The-Post (FPTP)
Rationale:

● Simplicity of the system—easy for voters to understand.

● Ensures direct link between voters and their representative.

● Promotes stable government by giving clear majority to one party.

Limitations:

● Does not ensure proportional representation.

● A candidate can win without majority support.

● Smaller groups or minorities may remain under-represented.

[Link]
 SYSTEM OF ELECTIONS TO LOK SABHA
Proportional Representation (Not Adopted for Lok Sabha)
● In Proportional Representation (PR), seats are allocated in proportion to
votes secured by each party.
● Ensures that all sections get representation according to their strength.

Types:
● Single Transferable Vote (STV)
● List System

Adopted in India for:

● Rajya Sabha
● State Legislative Councils
● President and Vice-President elections

[Link]
 Proportional Representation (Not Adopted for Lok Sabha)
Not Adopted for Lok Sabha due to:

● Complexity of the system (given low literacy levels at Independence).

● Instability due to multiple parties and coalition governments.

● High cost and administrative difficulty.

● Weak voter-representative relationship.

● No provision for by-elections.

[Link]
 SYSTEM OF ELECTIONS TO LOK SABHA
Duration of the Two Houses
Rajya Sabha

● Permanent House (not subject to dissolution).

● One-third members retire every 2 years.

● Vacancies filled through fresh elections and Presidential nominations.

● Term of a member: 6 years (as per Representation of People Act, 1951).

● The retiring members are eligible for re-election and renomination any
number of times,

[Link]
 Duration of the Two Houses
Lok Sabha

● Not a permanent body; normal term: 5 years from first meeting.

● Can be dissolved earlier by the President.

● Extension:

○ Possible only during National Emergency, by 1 year at a time.

○ Cannot continue beyond 6 months after Emergency ends.

[Link]
 Membership of Parliament
● Qualifications (Article 84 + Representation of People Act, 1951)

Constitutional Qualifications:
● Citizenship: Must be a citizen of India.
● Oath or Affirmation: Must make and subscribe to an oath before the person
authorized by the Election Commission, swearing:

(a) To bear true faith and allegiance to the Constitution of India.

(b) To uphold the sovereignty and integrity of India.

Age Criteria:

● Rajya Sabha: Minimum 30 years.

● Lok Sabha: Minimum 25 years.
● Other Qualifications: Must possess any additional qualifications prescribed by
Parliament.
[Link]
 Membership of Parliament
● Statutory Qualifications (Representation of People Act, 1951):

Elector Requirement:
● Must be registered as an elector in a parliamentary constituency.
● (2003 Amendment): A candidate for Rajya Sabha need not be an
elector in the state from which they contest.
● (2006): Supreme Court upheld this change.

● Caste-based Reservation:
○ For SC/ST reserved seats, candidate must belong to any SC/ST in
any state or UT.
○ However, SC/ST members can also contest unreserved seats.

[Link]
 Membership of Parliament
Disqualifications

A. Constitutional Disqualifications (Article 102):

● Office of Profit: Holding any office of profit under the Union or State
government (except ministerial office or offices exempted by Parliament).
● Unsound Mind: Declared by a competent court.
● Insolvency: Being an undischarged insolvent.

● Citizenship: Not a citizen of India or voluntarily acquiring citizenship of a

foreign state or acknowledging allegiance to a foreign state.

● Parliamentary Law: Disqualified under any law made by Parliament.

[Link]
 Membership of Parliament
Additional Disqualifications (Under Representation of People Act, 1951):

● Electoral Offences: Found guilty of certain electoral offences or corrupt

practices.
● Criminal Conviction: Convicted and sentenced to imprisonment ≥ 2
years (preventive detention is not disqualification).
● Election Expenses: Failure to lodge election expense accounts within
time.

● Government Contracts: Having interest in government contracts, works,

or services.
● Corporation Employment: Being director/managing agent or holding
office of profit in a government-controlled corporation (≥25% share).

[Link]
 Membership of Parliament
Additional Disqualifications (Under Representation of People Act, 1951):

● Dismissal from Service: Dismissed for corruption or disloyalty to the

State.
● Promoting Enmity: Convicted for promoting enmity between groups or
for bribery.
● Social Crimes: Punished for preaching/practicing untouchability, dowry,
or sati.

Decision Authority:

President decides on disqualification under Article 102, but must act as per
Election Commission’s opinion.

[Link]
 Membership of Parliament
Disqualification on Grounds of Defection (Tenth Schedule):

● A member is disqualified if:

○ Voluntary Resignation: Voluntarily gives up membership of the
party.
○ Defying Party Whip: Votes/abstains contrary to party direction.
○ Independent Member: Joins any political party after election.
○ Nominated Member: Joins any party after 6 months of nomination.

Authority:
○ Lok Sabha: Speaker decides.
○ Rajya Sabha: Chairman decides.

● Judicial Review: Decision subject to judicial review (Kihoto Hollohan

case, 1992).
[Link]
 Membership of Parliament
Vacating of Seats
● A seat becomes vacant in the following cases:

● Double Membership:
○ Cannot be member of both Houses of Parliament simultaneously.
○ If elected to both Houses: Must intimate choice within 10 days, else Rajya
Sabha seat becomes vacant.
○ If sitting member of one House elected to the other: Seat in the first House
becomes vacant.

○ If elected to two seats in one House: Must choose one; else both become
vacant.
○ Cannot be member of Parliament and State Legislature simultaneously:
Must resign from one within 14 days, else Parliament seat vacated.

[Link]
 Membership of Parliament
Vacating of Seats
● Disqualification: If subject to any constitutional or statutory
disqualification (including defection).

● Resignation: Member may resign by writing to Chairman (Rajya Sabha) or

Speaker (Lok Sabha).
○ Becomes vacant upon acceptance.
○ Can be rejected if found not voluntary or genuine.

● Absence: If absent for 60 consecutive days from House without

permission, seat may be declared vacant.
○ Prorogation/Adjournment >4 days not counted in this period.

[Link]
 Membership of Parliament
Vacating of Seats
Other Cases:

(a) Election declared void by court.

(b) Expulsion by the House.
(c) Elected as President/Vice-President.
(d) Appointed as Governor of a state.

Note: If a disqualified person is elected, the Representation of People Act

(1951) allows the High Court to declare election void. Appeal lies to the
Supreme Court.

[Link]
 Oath or Affirmation (Article 99)
● Every member of either House of Parliament must make and subscribe to
an oath or affirmation before:

The President, or
● A person appointed by the President for this purpose.

● Content of Oath/Affirmation: Member swears:

(a) To bear true faith and allegiance to the Constitution of India.

(b) To uphold the sovereignty and integrity of India.

(c) To faithfully discharge the duties of the office.

[Link]
 Oath or Affirmation (Article 99)
● If a member has not yet taken the prescribed oath or affirmation, he/she
cannot:

○ Vote in the House,

○ Participate in any proceedings of the House,

○ Avail parliamentary privileges and immunities.

Essentially, such a person is not treated as a full member until the oath is
taken.

[Link]
 Oath or Affirmation (Article 99)
● A person is liable to pay a fine of ₹500 per day if he/she sits or votes in a
House in any of the following cases:

● Before taking and subscribing to the prescribed oath/affirmation.

● When he/she knows that he/she is not qualified or is disqualified for

membership.

● When he/she knows that he/she is prohibited from sitting or voting in the
House under any parliamentary law.

[Link]
 Salaries and Allowances of Members of Parliament
● The Constitution provides that the salaries and allowances of Members of
Parliament (Article 106).
● No constitutional provision for pension, but introduced by Parliament in
1976.

● Salary, Allowances and Pension of Members of Parliament Act, 1954 —

enacted by Parliament to regulate salaries, allowances, and pensions.

● The Act has been amended several times to revise the monetary amounts
as per changing needs.

● Initially, the Constitution did not provide for pension, but in 1976,
Parliament amended the law to provide pensions to ex-MPs.

[Link]
SALARIES AND ALLOWANCES OF OFFICERS OF PARLIAMENT
● Salaries and Allowances of Officers of Parliament Act, 1953 governs
the salaries and allowances of certain parliamentary officers.

Who Are “Officers of Parliament”?

● The following are considered Officers of Parliament under this Act:

○ Chairman of Rajya Sabha (Vice-President of India),

○ Deputy Chairman of Rajya Sabha,
○ Speaker of Lok Sabha,
○ Deputy Speaker of Lok Sabha.

[Link]
SALARIES AND ALLOWANCES OF OFFICERS OF PARLIAMENT
Salary (As per 2018 Revision)

● Chairman of Rajya Sabha: Salary increased from ₹1.25 lakh to ₹4 lakh

per month.

● Other Officers (Speaker, Deputy Speaker, Deputy Chairman): Receive

the same basic salary, daily allowance, and constituency allowance as
Members of Parliament.

[Link]
SALARIES AND ALLOWANCES OF OFFICERS OF PARLIAMENT
Allowances

● Daily Allowance: Same as MPs (₹2,000 per day).

● Constituency Allowance: Same as MPs (₹70,000 per month).

Sumptuary Allowance:

● Speaker of Lok Sabha: ₹2,000 per month (same as Cabinet Minister).

● Deputy Speaker (Lok Sabha) and Deputy Chairman (Rajya Sabha):

₹1,000 per month (same as Minister of State).

[Link]
SALARIES AND ALLOWANCES OF OFFICERS OF PARLIAMENT
Source of Funds

● Salaries and allowances of Officers

of Parliament are charged on the
The Consolidated Fund of India
Consolidated Fund of India. is the government's principal
financial account, established
● This means they are not subject to by Article 266(1) of the Indian
annual vote of Parliament (cannot Constitution, which holds all
be reduced by Parliament during government revenues, loans
budget). raised, and loan repayments.

[Link]
PRESIDING OFFICERS OF
PARLIAMENT
 Who are the Presiding Officers of the Parliament ?

Each House of Parliament has its own Presiding Officers:

● Lok Sabha:
○ Speaker
○ Deputy Speaker
○ Panel of Chairpersons

● Rajya Sabha:
○ Chairman (Vice-President of India)
○ Deputy Chairman
○ Panel of Vice-Chairpersons

● These presiding officers are responsible for the smooth functioning and
regulation of proceedings in their respective Houses.

[Link]
 SPEAKER OF LOK SABHA

● The Speaker is elected by the Lok Sabha

from amongst its members.
● Election is held as soon as possible after the
first sitting of the newly constituted Lok
Sabha.

Vacancy:

● If the office of the Speaker falls vacant (due

to death, resignation, or otherwise), the Lok
Sabha elects another member to fill the
vacancy.

● The date of election of the Speaker is fixed

by the President.
[Link]
 SPEAKER OF LOK SABHA

● The Speaker usually remains in office during the life of the Lok Sabha (5
years).

● However, he/she vacates the office earlier in any of the following cases:

○ If he/she ceases to be a member of the Lok Sabha.

○ If he/she resigns from the office by writing to the Deputy Speaker.

○ If he/she is removed by a resolution passed by a majority of all the

then members of the Lok Sabha (i.e. an effective majority).

[Link]
 SPEAKER OF LOK SABHA

● Such a resolution for removal:

○ Can be moved only after giving 14 days’ advance notice.

○ When such a resolution is under consideration:
○ The Speaker cannot preside over the sitting,

But may be present, participate in discussions, and vote in the first instance
(not just in case of tie).

Continuation After Dissolution

● Even after the dissolution of the Lok Sabha, the Speaker does not vacate
the office immediately.

● He/she continues in office until the newly elected Lok Sabha meets and
elects a new Speaker.
[Link]
 Role, Powers and Functions of the Lok Sabha Speaker
● The Speaker is the head and representative of the Lok Sabha.

● He/she is:
○ The guardian of powers and privileges of:
○ Members,
○ The House as a whole
○ And its committees

● He is the principal spokesperson of the House.

The final authority in all parliamentary matters within the House.

● He/she thus holds a position of dignity, prestige, and authority,

much beyond a mere presiding officer.
[Link]
 Role, Powers and Functions of the Lok Sabha Speaker
Sources of Power

● The Speaker derives powers from three sources:

○ Constitution of India,

○ Rules of Procedure and Conduct of Business of Lok Sabha,

○ Parliamentary Conventions (unwritten rules and practices).

[Link]
 Role, Powers and Functions of the Lok Sabha Speaker
Key Powers and Functions

● Maintenance of Order and Decorum

○ Ensures discipline and smooth conduct of business.
○ Has final authority on all matters related to order in the House.

● Final Interpreter of:

(a) Constitution of India,
(b) Rules of Procedure,
(c) Parliamentary Precedents (customs and conventions).

● Can adjourn the House or suspend the meeting if quorum is not met.
○ Quorum = 1/10th of total membership of the House.

[Link]
 Role, Powers and Functions of the Lok Sabha Speaker
Key Powers and Functions

● Voting Power
○ The Speaker does not vote in the first instance.
○ He/she votes only in case of a tie to break the deadlock.
○ This is called Casting Vote.
○ Purpose: to maintain neutrality and resolve deadlock.

● Joint Sitting of Parliament

○ Presides over the joint sitting of both Houses (Lok Sabha + Rajya
Sabha),
○ Summoned by the President under Article 108 to resolve deadlock
on a Bill.

[Link]
 Role, Powers and Functions of the Lok Sabha Speaker
Key Powers and Functions

● Secret Sitting
○ Can allow a secret sitting of the House on request of the Leader of
the House.
○ During a secret sitting:
■ No stranger is allowed in chamber, lobby, or galleries,
■ Except with the permission of the Speaker.

● Decision on Money Bill

○ Decides whether a Bill is a Money Bill or not.
○ His/her decision is final (Article 110(3)).
○ Certifies the Bill as Money Bill before it is sent to the Rajya Sabha
or presented to the President.
[Link]
 Role, Powers and Functions of the Lok Sabha Speaker
Key Powers and Functions

● Decisions on Disqualification (Tenth Schedule)

○ Decides questions of disqualification of Lok Sabha members on
grounds of defection under Tenth Schedule.
○ Kihoto Hollohan Case (1992) – Supreme Court held:
■ Speaker’s decision is subject to judicial review.

● Ex-officio Chairperson Roles

○ Indian Parliamentary Group (link between Indian Parliament and
world parliaments).
○ Conference of Presiding Officers of Legislative Bodies in India.

[Link]
 Role, Powers and Functions of the Lok Sabha Speaker
Key Powers and Functions

● Committee-Related Powers

○ Appoints Chairpersons of all parliamentary committees of Lok

Sabha.
○ Supervises their functioning.

○ Speaker is the Chairperson of key committees:

■ Business Advisory Committee
■ Rules Committee
■ General Purposes Committee

[Link]
 SPEAKER OF LOK SABHA: Independence and Impartiality
● Given the prestige and authority of the office, independence and
impartiality are its essential features (sine qua non).

The following provisions ensure this:

1. Security of Tenure

● Can be removed only by an effective majority (majority of all then

members).

● Removal motion needs support of at least 50 members to be

considered.

[Link]
 SPEAKER OF LOK SABHA: Independence and Impartiality

2. Financial Independence

● Salaries and allowances are:

○ Fixed by Parliament,
○ Charged on the Consolidated Fund of India
○ Not subject to annual vote (cannot be reduced).

3. Protection from Discussion

● Work and conduct cannot be criticized in Lok Sabha except on a

substantive motion.

[Link]
 SPEAKER OF LOK SABHA: Independence and Impartiality

4. Protection from Judicial Interference

● Powers regarding procedure, conduct of business, and
maintenance of order are not subject to judicial review.

5. Neutral Voting Position

● Cannot vote in first instance; only casting vote in tie ensures
neutrality.

6. High Status in Order of Precedence

● Ranked 7th, along with Chief Justice of India.
● Above all Cabinet Ministers, except Prime Minister and Deputy
PM.
[Link]
 SPEAKER IN INDIA VS SPEAKER IN BRITAIN

● In Britain:
○ Speaker is strictly non-partisan.
○ Must resign from political party after election as Speaker.
○ Must remain politically neutral.

● In India:
○ Such a convention is not fully established.
○ Speaker usually retains membership of the political party even
after election.
○ However, expected to function impartially in the House.

[Link]
 Deputy Speaker of Lok Sabha

Vacant since 23 June 2019

 Deputy Speaker of Lok Sabha

● The Deputy Speaker is elected by the Lok Sabha from among its
members, just like the Speaker.

● The Deputy Speaker is elected after the Speaker has been

elected.

● The date of election of the Deputy Speaker is fixed by the

Speaker.

● Whenever the office of the Deputy Speaker falls vacant, the Lok
Sabha elects another member to fill the vacancy.

[Link]
 Deputy Speaker of Lok Sabha

Tenure / period in office

● Usually remains in office for the life of the Lok Sabha (i.e., normally five
years).

● The Deputy Speaker may vacate office earlier in any of these three cases:

● Ceases to be a member of the Lok Sabha.

● Resigns by writing to the Speaker.

● Removed by a resolution passed by a majority of all the then members of

the Lok Sabha (an effective majority).

● Such a removal resolution can be moved only after 14 days’ advance

notice.
[Link]
 Powers, Duties and Functions of Deputy Speaker of Lok Sabha

● Acting as Speaker
○ The Deputy Speaker performs the duties of the Speaker when the
Speaker’s office is vacant.
○ He/she also acts as Speaker whenever the Speaker is absent from a
sitting of the House.
○ In either situation, the Deputy Speaker assumes all the powers of the
Speaker (including presiding over the House and exercising Speaker’s
procedural powers).
○ He/she can also preside over a joint sitting of both Houses if the Speaker
is absent from such a sitting.

● Independence from the Speaker

○ The Deputy Speaker is not subordinate to the Speaker. He/she is
directly responsible to the House (i.e., the Lok Sabha), not to the
Speaker.
[Link]
 Powers, Duties and Functions of Deputy Speaker of Lok Sabha

● Parliamentary committee chairmanship

○ Special privilege: whenever the Deputy Speaker is appointed as

a member of a parliamentary committee, he/she automatically
becomes the chairman of that committee.

● Voting while presiding

○ When presiding over the House, the Deputy Speaker cannot vote
in the first instance.
○ He/she has the right to exercise a casting vote only in the case of
a tie, exactly like the Speaker.

[Link]
 Powers, Duties and Functions of Deputy Speaker of Lok Sabha

● During a removal motion

○ If a resolution to remove the Deputy Speaker is under
consideration, he/she cannot preside over the sitting in which
the resolution is being taken up.
○ He/she may, however, be present, and may participate and vote
(in the first instance) like any other member.

● As an ordinary member
○ When the Speaker presides, the Deputy Speaker sits as an
ordinary member of Lok Sabha.
○ In that capacity he/she can speak in the House, participate fully
in proceedings, and vote on any question.

[Link]
 Deputy Speaker of Lok Sabha
Historical Origin & Milestones
● The institution of Speaker and Deputy Speaker in India
traces to 1921 under the Government of India Act, 1919
(Montague–Chelmsford Reforms).

● At that time they were called President and Deputy

President of the Central Legislative Assembly.

● First holders (1921):

○ Frederick Whyte and Sachchidanand Sinha were

appointed by the Governor-General as the first
President (Speaker) and first Deputy President
respectively of the Central Legislative Assembly.

[Link]
 Deputy Speaker of Lok Sabha
Historical Origin & Milestones
● Vithalbhai J. Patel became the first Indian and first
elected Speaker of the Central Legislative Assembly in
1925.

Nomenclature change (1935):

● The Government of India Act, 1935 changed the

nomenclature from President/Deputy President to
Speaker/Deputy Speaker. (Old terms continued in
practice till 1947 in some references because the
federal part of the 1935 Act wasn’t implemented fully.)

[Link]
 Deputy Speaker of Lok Sabha
Historical Origin & Milestones
● G. V. Mavalankar (Speaker) and Ananthasayanam
Ayyangar (Deputy Speaker) are noted as the first
Speaker and first Deputy Speaker of the Lok Sabha.

● G. V. Mavalankar also served as Speaker of the

Constituent (Legislative) Assembly and the Provisional
Parliament, and held the Speaker’s post continuously
from 1946 to 1956.

[Link]
 Panel of Chairpersons of Lok Sabha : What it is and how it works ?

● Under the Rules of Lok Sabha, the Speaker nominates a Panel of

Chairpersons from among Lok Sabha members.

● Size: The panel can be not more than ten chairpersons.

● When they act:

○ Any member of this panel can preside over the House in the
absence of the Speaker or the Deputy Speaker.

○ When presiding, a panel member exercises the same powers as

the Speaker.

[Link]
 Panel of Chairpersons of Lok Sabha : What it is and how it works ?

● A panel member holds office until a new panel of chairpersons is nominated

by the Speaker.
● If a nominated panel member is also not present, any other person as
determined by the House acts as the Speaker.

Important restriction when Speaker/Deputy Speaker posts are vacant:

● A member of the panel CANNOT preside over the House when the office of
the Speaker or the Deputy Speaker is vacant.

● During such a vacancy, the duties of the Speaker are to be performed by such
member of the House as the President may appoint for that purpose.

● Meanwhile elections are to be held as soon as possible to fill the vacant

posts.

[Link]
 What is a Speaker Pro Tem ?
● Why Pro Tem is needed:

○ The Speaker of the last Lok Sabha vacates office immediately

before the first meeting of the newly elected Lok Sabha. That
leaves the House temporarily without a Speaker for the inaugural
sitting.

● The President appoints a member of the newly elected Lok Sabha as

the Speaker Pro Tem (usually the seniormost member of the House).

● The President administers the oath to the Speaker Pro Tem.

[Link]
 What is a Speaker Pro Tem ?
● Powers & main duties:
○ The Speaker Pro Tem has all the powers of the Speaker for the
short period he/she performs the role.

○ Primary duty: to preside over the first sitting of the newly elected
Lok Sabha and administer the oath to the new members.

○ Also to enable the House to elect the new Speaker (i.e., to conduct
the Speaker election).

● Duration / temporary nature:

○ The office of Speaker Pro Tem is temporary and ceases to exist
once the new Speaker is elected. Typically it exists only for a few
days.
[Link]
 Connect here
Call Me :- 9240023222
[Link]@[Link]

@Prashanttiwari26
Connect & Don’t miss any update

THANK YOU!