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CHAPTER 1: THE UNION LEGISLATURE
Introduction:
The Indian form of government is based on the representative form of government. This
means that all Indian citizens above the age of 18 have the right to choose or elect
representatives who will make the laws for them and carry out their will. If the chosen
representatives do not work in the interest of the people satisfactorily, they could be
shown the door in the next elections. The incumbent government must perform. The
legislative branch of our Federal Government is called a bicameral legislature consisting
of two chambers viz. a) Lok Sabha b) Rajya Sabha
The Federal set up:
It is the type of government which has the powers to delegate or share the powers with
other elected members of the states. It is the division of powers between the Centre and
the States where both work in sync and not against each other.
The Parliament of India:
The Parliament is a law making body of the country. The parliament of India consists of
the President and the two houses known as the as the House of the People (Lok Sabha)
and the Council of States (Rajya Sabha). We thus have a bicameral legislature at the
centre and in some states. The President is a part of the Legislature because a Bill
passed by both Houses of Parliament cannot become law without his approval.
The Bicameral Union Legislature:
- It is essential in a Federation: The lower House represents the people, while the
Upper House represents the different states forming the Federation.
- It checks hasty legislation: The bicameral legislature serves as a check on hasty
and ill-considered legislation.
- Representational: It is possible to arrange seats for men of ability, learning and
experience in the second chamber. These may not be willing to face the troubles of
elections. In India the President nominates 12 members to the Rajya Sabha from
varied fields such as law, arts, science, sports, social sciences, etc.
Union Territories:
Parliament has legislative powers over a Union Territory, but does not interfere in the
day-to-day administration of the Union Territory. There are seven Union territories in
India: Delhi, Pondicherry, Chandigarh, Andaman and Nicobar, Daman & Diu, Dadra and
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Nagar Haveli, Lakshadweep, Jammu & Kashmir, Ladakh. Delhi, Pondicherry and
Andaman & Nicobar each have a lieutenant Governor. Delhi and Pondicherry have their
own Legislative assemblies.
The Persons who are administrating the Union Territories are appointed by the President
of India.
Exclusive powers and functions of the Rajya Sabha
1) After the passage of a bill through the Lok Sabha, it is sent to the Rajya Sabha
and vice-versa. No bill can become a law unless and until it has been passed by
the Rajya Sabha.
2) The members of the Rajya Sabha have the right to vote for the election of the
President and the Vice-President of India.
3) The approval of the Rajya Sabha is necessary for the continuation of the
proclamation of an Emergency beyond a period of two months.
4) In matters affecting states or subjects in the State List, a 2/3rd majority of the
Rajya Sabha has to approve before the Lok Sabha can legislate upon it.
5) Rajya Sabha is responsible for introduction/ removal of the All India Services.
6) It is the permanent House in the Parliament.
Exclusive powers and Function of Lok Sabha:
a) Legislative Powers:
The Lok Sabha has more powers over the Rajya Sabha in matters of legislations.
i) The Parliament can enact laws on any matter in the Union and Concurrent
lists.
ii) It can also legislate on any matter in the State List when an emergency has
been declared.
iii) It can enact laws on matters in the state list provided it is declared
necessary in the national interest by a resolution of the Rajya Sabha by
2/3rd majority.
iv) After its passage through the Lok Sabha, a bill is sent to the Rajya Sabha. If
it is a Money Bill the Rajya Sabha must pass it within 14 days, otherwise it
is deemed to have been passed.
v) In case of any other bill, if the Rajya Sabha does not pass it within 6 months
there is a joint session of the two houses. The numerical strength of the Lok
Sabha is more than the double that of Rajya Sabha. Thus the Lok Sabha
has a majority and therefore, the will of the Lok Sabha will prevail.
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b. Financial Powers:
A Money Bill can be introduced only in the Lok Sabha which is the final authority
in the financial matters.
i) It has the power to pass the annual budget.
ii) It can sanction expenditure on contingencies.
iii) It has the power to spend money out of the consolidated fund of India.
iv) It can impose, abolish, or alter any tax.
c. Power to control the executive:
i) Asking questions with regard to the policies pursued by the ministers.
ii) The ministers are duty-bound to give satisfactory answers.
iii) Moving a resolution of Token Cut.
iv) Demanding enquiries or debating on even the budget of various government
departments.
Common Powers of the Lok Sabha and Rajya Sabha (Parliament):
The members of both the houses, have the following powers:
a) Legislative Powers:
i) The Parliament has exclusive power to make laws on the subjects in the
Union List.
ii) The Parliament can make laws on the State Subjects if the situation so
arises.
iii) The Parliament has to approve the Ordinance issued by the President.
iv) Non-Money Bills can be introduced in either of the two houses.
b) Financial Powers of the Parliament:
i) The Union budget is passed by the Parliament.
ii) No money can be spent or collected without the consent of the Parliament.
iii) Taxes can be levied, altered or canceled only with eh approval of the
Parliament.
c) Judicial Powers
i) The Parliament has the judicial power to impeach and remove the President
of the country.
ii) The Parliament can fix the number of judges in the court, it can also remove
any judge or central high official if one is found guilty of unconstitutional
means in their dealing.
d) Electoral Powers
i) The elected members of the Parliament along with the state assembly
members elect the President of the Country.
ii) The Members of the Parliament elect the Vice-President of the country.
iii) The elected members of the Houses take part in the election of the Speaker
and the Deputy Speaker.
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e) Amendment of the Constitution
i) The Parliament is the only body under the Constitution to initiate any
proposal for the amendment of the Constitution.
ii) Such amendment are made only when passed by both the Houses.
f) Control over Executives
i) The Parliament exercises control over the Executive body so to check and
balance the governance.
ii) Both can ask questions. This is known as the Right of Interpellation.
During the session of the Parliament one hour is reserved for asking
questions. The ministers are obliged to answer any questions put to them.
v) They can pass a Vote of No Confidence against the Cabinet.
vi) The Parliament can move a Cut Motion, which in short means to cut the
assigned budget.
Disqualification of Member if:
i) Does not fulfil required qualification/s
ii) Declared unsound mind by the Court of Law.
iii) Accepts the citizenship of a foreign country.
iv) Otherwise disqualified by a law of Parliament.
Anti-Defection law:
i) Voluntarily gives up membership of a political party.
ii) Votes or abstains from voting without the permission of the Party
leadership.
iii) Elected member of a political party if joins another political party
iv) Nominated member if joins a political party.
Powers. Privileges and Immunities of the Members of Parliament
1. Freedom of Speech: Members enjoy freedom of speech in the Parliament subject
to rules and procedures of the Parliament. No Member of Parliament is held
liable to any proceeding in any court for what is said in the Parliament.
2. Freedom of Movement: A Member of Parliament during the session of the
Parliament cannot be detained without the prior permission of the Chairman of
the House of which he is a member.
3. Freedom from arrest: A member cannot be arrested in a civil case during the
session of the house, 40 days before its commencement and 40 days after the
session. However one can be arrested for criminal charges.
4. Freedom from Jury Service: A Member of Parliament can refuse to give evidence
or appear as a witness in a case pending in a court when the Parliament is in
session.
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5. Facilities and allowances: the members are entitled to receive the salaries and
allowances as determined by the Parliament. Besides their salary the members
are given a TA, DA, and amenities like housing, telephone and electricity.
Speaker of the Lok Sabha
Each House has its own presiding officers. The Lok Sabha elects two of its members to
act a Speaker and the Deputy Speaker to preside over its meetings.
The Speaker must be the member of the Lok Sabha. S/he may be from any party
but once elected as the Speaker one must be fair and objective.
The Speaker is elected from among its own members in the very first meeting of
the Lok Sabha after the General Elections.
By convention a member of the ruling party or alliance is elected as a Speaker.
The normal tenure for the Speaker is 5 years. He can resign whenever he likes. He
can also be removed by a Resolution of the majority of the members of the Lok
Sabha giving notice sating the intention to move such Resolution.
Functions/Powers/Roles of the Speaker
The Speaker maintains discipline in the house and conducts the proceedings in
accordance with parliamentary rules.
He adjourns or suspends its meetings if there are insufficient members present.
He can suspend/dismiss a member from the house for misconduct.
He makes the agenda for the house and allocates time.
He appoints the chairman of the various committees.
He has a casting vote in case of a tie.
He is the medium of communication between the House and the President.
He is the representative of the Lok Sabha.
He is the guardian of the rights and privileges of the members of the house.
Deputy Speaker of the Lok Sabha
The Deputy Speaker is one of the Lok Sabha members elected by the House in the
similar manner as that of the Speaker. The Deputy Speaker acts as a Speaker in the
absence of the Speaker.
Parliamentary terms, procedures
1. Quorum: Minimum number of members required to start the session.
2. Session: A period during which the House meets to conduct its business.
3. Majority: Simple majority means one (or more) over half mark. 2/3rd Majority
means 66% votes (of the house) in favour.
4. Resolution: Majority of the House expressing its opinion on a matter of public
interest.
5. Prorogation: The termination of session.
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6. Motion: A matter of urgent public interest sought to be discussed in the House is
called Motion.
- Adjournment Motion: Postponement of the transaction/business of the house for a
few hours, days or weeks.
- Motion of Thanks: The first session of every financial year is addressed by the
President which is moved, debated and approved.
- No Confidence Motion: A motion in the Lok Sabha to express a lack of confidence
in the Council of Ministers, if it is passed then the Ministry has to resign.
7. Budget: The budget is a financial statement showing the estimated income and
expenditure of the coming year.
8. Question Hour: The first hour of each sitting devoted to questions from the House
members to the ministries. Usually questions are given in advance to the Speaker
Structure of the Union Parliament (Comparative)
Lok Sabha (Lower House) Rajya Sabha (upper House)
Qualifications Must be an Indian citizen Must be an Indian citizen
25 years or more. 30 years or more.
Must have name on electoral roll Must have name on electoral roll
Must hold any office of profit Must hold any office of profit
Must not be a proclaimed criminal Must not be a proclaimed criminal
House Normally 5 years House is Permanent
duration
It can be dissolved before its term. Not subject to dissolution
Can also be extended
Member term 5 years 6 years, one-third members retire
every two years.
Election Members are directly elected Members are indirectly elected
Nominations President nominates 2 members President nominates 12 members
from Anglo-Indian community excellent in various fields
Max. strength 552 (530 from states + 20 from 250 (238 elected by state legislatives
UTs + 2 nominations) + 12 nominations)
Presiding Speaker; s/he is elected by the Chairman; Vice-President is the ex-
Officer members officio Chairman
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Representation of how a Bill becomes a Law.
1 6 7
Introduction Third Bill in the
of the Bill Reading Other
House
2 5 8
Publication Second President’s
in the Reading Assent
Gazette
3 4 9
First Reading Select Law
Committee
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