417/24, 4.00 PM Parliament (Ch-22) ~M. laxmikanth’s Indian Polly — A Summary M. laxmikanth's Indian Polity — A Summary. M. LAXMIKANTH SUMMARY - INDIAN POLITY, UNACADEMY NOTES, UNCATEGORIZED Parliament (Ch-22) For detailed explanation of this chapter through a video-lesson on Unacademy, click here (https:/unacademy,comllessou/parliament-election-composition-chapter-221/4EJBUEFS) Election and Composition. © Parliament is the Legislative Organ of the Union Govt. © Occupies pre-eminent & Central position in Indian Democratic Political System dur to the adoption of Parliamentary System. © Article 79 to 122 of Part-V deal with the Parliament. Organisation of Parliament. © Parliament consists of three parts : President, Rajya Sabha, Lok Sabha. © Rajya Sabha represents the States & UTs of India, while Lok Sabha represents the people of India asa whole. © President is part of Parliament in the capacity that a Bill only becomes Law with his assent & he summons & prorogues the Parliamentary Sessions, dissolves the Lok Sabha, addresses both Houses & so on. © This Organisation of Parliament with the feature of ‘President-in-Parliament’ has been borrowed from Britain. hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ a8417/24, 4.00 PM Parliament (Ch-22) ~M. laxmikanth’s Indian Polly — A Summary Composition of Rajya Sabha. © Max Strength : 250 (238 elected/12 nominated) © Present Strength is 245 - 229 represent States/ 4 represent UTs/ 12 nominated by President. 4th Schedule deals with allocation of seats to UTs & States in Rajya Sabha © Representative of States are elected by elected members of State Leg Assemblies by the System of Proportional Representation by Single Transferable Vote. Seats are allocated to each State on population. © Representative of UTs are elected by a Special electoral college based on the system of Proportional Representation by Single Transferable Vote. Only Delhi & Puducherry have representation in Rajya Sabha. © Nominated Members are nominated by the President from people who have special knowledge or practical experience in Art, literature, science & social service. These 12 seats are provided for representation of eminent person from the various fields mentioned above. Composition of Lok Sabha. © Max Strength : 552 members (530 rep. States/ 20 rep. UTs/ 2 nominated. © Present Strength : 545 members (543 elected / 2 Anglo-Indians nominated), © Representative from States are directly elected from Territorial constituencies of States. Election through Universal Adult Franchise. © Constitution empowered Parliament to prescribe the choosing of representatives from UTs. Accordingly, Parliament enacted the Union Territories (Direct Election to the House of the People) Act, 1965. Through this Act, UT representatives are also directly elected. © President can nominate 2 members from the Anglo-Indian community if they are inadequately represented. This provision expires in 2020. System of Elections to Lok Sabha. © Territorial Constituencies : Constitution provides for division of seats : © Among States based on population, where the ratio of alloted seats to the population of the State must remain same in all States (except for States with below 6 million population). © Among constituencies within the States, in a manner where the ratio of seat to population is the same across all constituencies © Readjustment after Census : Parliament is empowered to make readjustments to the seat allotments according to change in population, however, in order to promote population control, the seat allotments for each State is fixed until 2026 based on 1971 census. © Reservation of Seats for SCs & STs : Constitution provides for reservation of seats in Lok Sabha for members of SC & ST groups. This provision was originally to last for 10 years, which has been extended since every decade & currently will continue till 2020. hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ 28417/24, 4.00 PM Parliament (Ch-22) ~M. laxmikanth’s Indian Polly — A Summary Duration of Two Houses. © Rajya Sabha : Continuing Chamber - does not dissolve. © Every member serves a maximum term of 6 years (set by Parliament). © 1/3rd of total members retire every 2 years who are replaced the next year. © Lok Sabha : Term of 5 years from date of first meeting, © Automatically dissolves at the end of 5 year term. © President is authorised to dissolve Lok Sabha at any time on the advice of PM. This cannot be challenged in Court. © Lok Sabha’s Term can be extended by 6 months at a time through Parliamentary Law during a National Emergency. Such extension cannot continue beyond 6 months of the end of emergency. Membership. Qualifications. © Constitutional Provisions © Must be a Citizen of India © Must take an oath to bear allegiance to Constitution & uphold Sovereignty & integrity of India. © Must be 30 yrs of age or above for Rajya Sabha, 25 or above for LS. © Must possess other qualifications prescribed by Parliament. © Parliamentary Provisions (Representation of People Act, 1951) : © For Rajya Sabha & Lok Sabha its required that candidate must be an elector from any Constituency in India. Exceptions : Candidate must be elector from autonomous district of Assam if he contests election for LS from a constituency in that district. Same applies for ST seats from UT of Lakshdweep (elector from Lakshdweep) & for whole Sikkim for LS. © To contest reserved seat for SC or ST, candidate must be SC or ST respectively. SC & ST can contest from non-reserved seats. Disqualifications. Constitutional Disqualification provisions : if he holds Office of Profit/ if declared of unsound mind by a court/ if an undischarged insolvent/ if not a citizen of India/ if disqualified under law made by Parliament. © Disqualifications under Representation of People Act, 1951 © If found guilty of certain election offences or corrupt practices in elections/ if convicted & sentenced for imprisonment of 2 yrs or more/ if fails to lodge an account of election expenses in time/ if has any interest in Govt contracts, work or services/ if holds an office of Profit or is director in a Corporation whose 25% shares are owned by govt/ if was dismissed from Govt service for corruption or disloyalty/ if was convicted for promoting enmity between different hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ 38424,400 8m Partament (Ch-22)~ M, taxman Indian PoltyA Summary groups or for bribery/ if was punished for preaching & practicing social crimes such as Untouchability, dowry & sati. © President's decision based on opinion of Election Commission is final. Vacating of Seats. © Double Membership : under Representation of People Act, 1951. © Ifa person is elected to both Houses, she must intimate within 10 days her choice of House failing which, by default RS membership is lost. © Ifsitting member of one House is elected to second House, membership of first House is lost. © Person is elected to 2 seats in same House, one seat must be chosen. © Disqualification : if Disqualified (even on defection) seat becomes vacant, Resignation : on acceptance of Resignation by LS Speaker or RS Chairman as the case may be, seat becomes vacant. Resignation letter can be rejected if Speaker or Chairman feels that its not genuine or is coerced. © Absence : House can declare seat vacant if member remains absent for longer than 60 days of Parliamentary sessions without permission. © Other Cases : if election is declared void / if expelled by House / if elected as President or Vice- President / if appointed as Governor. Oath, Salary & Allowances. © Every Member must takes following oath before President or a person appointed by him : © To bear true faith and allegiance to the Constitution of India. © To uphold Sovereignty and integrity of India. © To faithfully discharge the duty upon which she is about to enter. © A person is liable for a penalty of %500 each day if he sits or votes as a member in the House before taking oath/ when he knows of his under-qualification or disqualification/ when he know that he is prohibited to do so. © Salary & Allowances : © Fixed by Parliament. © No Constitutional provision for pension, however, Parliament has provided for the same © Also entitled to travelling facilities, free accommodation, telephone, vehicle advance, medical facilities & so on. Officers and Leaders. Presiding Officers of Parliament. © Each House has its own Presiding Officer incharge of presiding over its sessions & controlling the functioning of the House : hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ ane424,400 8m Partament (Ch-22)~ M, taxman Indian PoltyA Summary © Lok Sabha has a Speaker & a Deputy Speaker. © Rajya Sabha has a Chairman & a Deputy Chairman. © A panel of Chairpersons for the Lok Sabha & a panel of Vice-Chairpersons for the Rajya Sabha is also appointed. Speaker of Lok Sabha. © Election & Tenure : Elected by the members of the Lok Sabha from among selves for the entire term of the House. Office is vacated early if she ceases to Member of LS or resigns by writing to Deputy Speaker or is removed after a 14 day prior notice by a majority of the total membership of House. © Speaker continues in Office after LS is dissolved until new LS is formed. © Roles, Powers & Functions ~ Guardian of power & privileges of House : © Maintains order, decorum, conducts business/ Adjourns or suspends House in absence of Quorum/ Gives Casting vote when House is tied/ Presides over Joint Sitting/ Allows ‘secret’ sitting of House on request of PM/ gives final decision on whether a Bill is ordinary or money bill/ Decides on question of disqualification of Member on defection (Judicial Review allowed)/ ex-officio Chairman of Indian Parliamentary Group (link between parliaments of the world with Indian Parliament)/ Appoints chairman of all Parliamentary Committees of LS. Deputy Speaker of Lok Sabha. Elected by the members of the Lok Sabha from among themselves with a majority. The Conditions for vacancy & process for removal from office is the same as for the Speaker. Deputy Speaker is not subordinate to the Speaker. Assumes all powers of the Speaker when the Office of the Speaker is vacant. Also acts as the Speaker when the Speaker is absent from the sitting of the House, with the same powers & restrictions as Speaker. © Deputy Speaker functions as a normal member of House with equal voting rights when not acting as Speaker. © Deputy Speaker is entitled to Salary & Allowances as fixed by Parliament. © Deputy Speaker like the Speaker does not subscribe to a special oath of office. eo o0000 Chairman of Rajya Sabha. © Vice-President is the ex-officio Chairman of Rajya Sabha. VP, when acting as President or performing the duties of Prez, does not function as the Chairman of Rajya Sabha simultaneously. Chairman can only be removed by removing the Vice-President. VP doesn’t function as Chairman when her removal is being considered in house. Functions similar to Lok Sabha speaker as the Presiding officer. Chairman is not a member of the House but also has a ‘Casting Vote’. Deputy Chairman of Rajya Sabha: ° 20000 hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ 518424,400 8m Partament (Ch-22)~ M, taxman Indian PoltyA Summary © Method of election, conditions for vacancy, procedure for removal in Rajya Sabha is identical to the office of the Deputy Speaker in Lok Sabha, © Performs functions of Chairman in his absence or vacancy. Other Offices in Parliament. © Panel of Chairpersons of Lok Sabha : Not more than 10 people nominated by Speaker to preside over the House in absence of Speaker & Deputy Speaker. They do not act as Speaker or Deputy in case the two offices are vacant. © Speaker Pro Tem : Temporary Speaker appointed by Prez at the start of the first meeting of House after elections — generally the senior most member if House, Administers Oath to members & Functions as Speaker. © Panel of Vice-Chairpersons of Rajya Sabha : Panel of people appointed by Chairman of RS to preside over House in absence of Chairman & Deputy Chairman (not in case of vacancy in Office of Chairman or Deputy). © Secretariat of Parliament : Each House has their own secretarial staff, each headed by a Secretary- General who is appointed by the Presiding Officers of the two Houses. Leaders in Parliament. © Leader of House : Leader of House in Lok Sabha is PM when PM is from Lok Sabha or is a Minister appointed by PM when PM is from Rajya Sabha. There is also a Leader of the House in Rajya Sabha nominated by PM. © Leader of Opposition : Leader of largest opposition party having more than 1/10th seats of total strength is recognised as Leader of Opposition. Both Lok Sabha & Rajya Sabha have separate leader of Opposition. LoP in both houses are entitled to same salary, allowances & rank as a Cabinet Minister. © Whip : a product of Parliamentary conventions. Each political party in Parliament has its own Whip who serves as assistant floor leader. Ensures that members are present & Voting in the favour of party lines, while also monitoring their behaviour & decorum. © Above offices are not provided for by the Constitution. The offices of the Leader of the House & of Opposition are mentioned in the ‘Rules of the House’, while Office of Whip is a Parliamentary Convention. Sessions of Parliament. Summoning. © A Session’ of Parliament is the period in which the House is assembled to discuss various issues & vote on matters in the Parliament on a daily basis. © President has the Power to Summon each of House of Parliament. hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ ene424,400 8m Partament (Ch-22)~ M, taxman Indian PoltyA Summary © Maximum gap (recess) between two sessions of Parliament can be 6 months © Therefore, Parliament must meet atleast twice a year. © Usually, there are 3 sessions : © Budget Session © Monsoon Session © Winter Session Adjournment & Prorogation. © Asession of Parliament consists of daily meetings, each daily meeting consisting of two sittings (morning sitting & post-lunch). © Adjournment : The Presiding officer can terminate the sitting or any following sittings of the House for any specified time (hours, days or weeks). © Adjournment Sine Die : When the Presiding Officer terminates house for an indefinite period (without naming a day for reassembly or for next sitting). This is generally done when the House has completed its business in its last sitting & in waiting for Prorogation. © Presiding Officer can call a meeting even before the specified time of reassembly after Adjournment. © Prorogation : The power of the President to bring the Session of Parliament to an end and begin. recess. The President can prorogue the House at any time, even mid-session, on the advice of PM. Dissolution & Quorum. Rajya Sabha, being a Permanent House, cannot be dissolved. Only Lok Sabha can be dissolved. Dissolution ends the term of the Lok Sabha & fresh elections have to be held. ‘Two types of Dissolution : © Automatic Dissolution takes place at end of the maximum term of 5 yrs. © When President dissolves House on advice of PM before 5 yrs. Dissolution of House by President is irrevocable. All pending business - bills, motions, resolutions, etc lapse immediately. A bill first passed by Lok Sabha & pending in Rajya Sabha also lapses. Quorum : Minimum number of members required to transact business. © Present Quorum is 1/10th of total membership including Presiding Officer. This means that atleast 55 members must be present in Lok Sabha & 25 members in Rajya Sabha. © Lack of Quorum requires Presiding officer to adjourn House. eo 000 oo0°0 Voting in House. © All matters, in either House or in Joint Sitting of both Houses, are decided by a majority of the members present & voting excluding the Presiding officer (who votes only in case of a tie). © However certain matters like Constitutional Amendments or impeachment of Prez, etc. are decided by a Special Majority of the Houses. hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ 78424,400 8m Partament (Ch-22)~ M, taxman Indian PoltyA Summary © Proceedings of House are to be valid irrespective of unauthorised voting or participation or vacancy, © Procedure of Voting : © When debate ends, Speaker invites calls for ‘Aye’ in favour & ‘No’ in opposition to the matter. Following this the Speaker gives her opinion of whether ‘Ayes’ have it or ‘Noes’. © If this Opinion is Challenged, then Speaker calls for voting by name on Automatic vote recorders or Slips © If unchallenged, the Speaker's opinion is taken as official result. Other features. © Language in Parliament : Either English or Hindi can be used. Speaker can also allow address in mother-tongue. English was allowed only for 15 years after commencement of Constitution, but it was allowed by Official Languages Act (1963). © Rights of Ministers & Attorney General : Ministers & Attorney-General of India have right to attend & speak in sessions of both Houses irrespective of membership. However, they cannot vote if they are not members of that House. Devices of Parliamentary Proceedings. Question Hour. Zeto hour. Motions. Point of order. Half-an-hour discussion Short Duration Discussion Special Mention Resolutions Youth Parliament 000000000 Question Hour. ° First hour of every sitting is slotted for Question Hour. Members address questions, usually to Ministers in the House for answering. Questions are of three types © Starred Question : distinguished by asterisk, requires an oral answer & supplementary questions can be asked. © Unstarred Question : requires a written answer, no supplementary questions are asked. © Short Notice Question : asked by giving a notice of less than 10 days, these are answered orally. Private members can also be asked questions regarding Bills, resolutions or matters for which that particular member is responsible. °° ° hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ ane417/24, 4.00 PM Parliament (Ch-22) ~M. laxmikanth’s Indian Polly — A Summary Zero Hour. © Not mentioned in Rules of Procedure. Is an informal device for members to raise matters without any prior notice. © Zero hour starts immediately after Question Hour & lasts until agenda for the day is taken up. © Indian Innovation in the field of Parliamentary Procedures. Motions. © Motions are devices used by MPs to request the house to begin discussions on a particular matter or to express opinion of assent or dissent. Only introduced with prior permission of Presiding Officer. © Motions can be classified into three categories : © Substantive Motion : Proposal asking Parl to do something specific of importance . Once passed no extra info is required to understand decision, Ex : motion for election of Presiding officer of house. Motion for impeachment of President, motion of thanks for President's address. © Substitute Motion : to substitute the original motion with a new one. © Subsidiary Motion : once passed it has to be read with other motions or discussions or matters in order to hold meaning. 3 types: Ancillary to conduct regular business, eg - motion for considering Bill or passing Bill/ Superseding~ moved in course of debate to supersede it, eg ~ Bill be recommitted to a joint committee/ Amendment - to amend org motion. Closure Motion. © Motion used to cut short a debate on a matter and put it to vote immediately. © Four kinds © Simple Closure : moves for matters to be put to vote as it has been sufficiently discussed. © Closure by Compartments : in this case, clauses of Bill or lengthy resolutions are grouped together before debate. The debate covers the part as a whole and entire part is put to vote. © Kangaroo Closure : Only important clauses are debated & vote on. Intervening clauses are skipped & are taken as passed. © Guillotine Closure : When, due to lack of time, even undiscussed clauses or resolutions are put to vote along with the discussed ones as a whole, © Privilege Motion : Moved by a member against a Minister if she feels that the Minister has breached the Privilege of the House or any of its members by providing wrong or distorted facts or by withholding facts in House. Purpose is to censure the minister. © Calling Attention Motion : To call attention of a Minister on an urgent public matter. © Adjournment Motion : Can be used by Lok Sabha only, introduced with support of atleast 50 members to draw attention of House on a single urgent public matter of recent happening, which has not been discussed in the same session & is not being adjudicated on by a court. © No-Confidence Motion : admitted with the support of atleast 50 members in Lok Sabha only against entire Govt. If passed, Govt is must dismiss. hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ one424,400 8m Partament (Ch-22)~ M, taxman Indian PoltyA Summary © Censure Motion : Can be introduced against a single or multiple Ministers or entire Govt. If passed, Govt need not resign. © Motion of Thanks :To thank Prez’s address. Govt resigns if motion fails in LS. © No-Day-Yet-Named Motion : Any motion admitted by Speaker but no date has been fixed to discuss it. The Speaker in consultation with the Leader of the House or Business Advisory ‘Committee allots a time frame for discussion of such a matter. © Point of Order : Raised by a member when proceedings of the House are breaking the Rules of Procedure. No debate is allowed on a point of order. © Half-an-hour Discussion : Meant for discussing a matter of public importance. Speaker can allot 3 days in a week to such matters. No formal motion or vote is required for its introduction. © Short Duration Discussion : a max 2 hr period alloted for discussions on matters of Public importance with no formal motion required. Two days in a week can be allocated for such a motion. © Special Mentions : A matter which can’t be discussed through any other motion or Rules of the House in Rajya Sabha can be raised through this device. Lok Sabha equivalent is called ‘Notice (Mention) Under Rule 377’ Resolutions. © Resolutions can be moved to draw attention of House on matters of Public Interest. Such a resolution or amendment to resolution can not be withdrawn without leave of House. © All Resolutions are Substantive Motion. © All Resolutions must be voted on by the House. © Three types : © Private Member's Resolution : (moved by private member) discussed on alternate Fridays & in afternoon sittings. © Government Resolution : (moved by a Minister) discussed on any day from Monday to Thursday. © Statutory Resolution : Moved by Private member or minister in pursuance of Constitutional Provision or Parliamentary Act. Youth Parliament. © Scheme of Youth Parliament started on recommendation of Fourth All India Whips Conference. © Objectives : © To acquaint younger generations with practices & procedures of Parliament. © To imbibe spirit of discipline & tolerance cultivating character in youth, © To inculcate in the student community the basic values of democracy & enabling them to acquire a proper perspective on functioning of Democratic procedures. © The ministry of Parliamentary Affairs provides necessary training & encouragement to States for introducing the scheme. hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ 1018417/24, 4.00 PM Parliament (Ch-22) ~M. laxmikanth’s Indian Polly — A Summary Legislative Procedure in Parliament. © Legislative Procedure is identical in both Houses. © Abill isa proposal for legislation and only becomes a law when duly enacted. © Bills can be classified into 4 types : © Ordinary Bills : which are concerned with any other matter other than financial subjects. © Money Bills : which are concerned with financial matters like taxation, public expenditure, etc. © Financial Bills : which are also concerned with financial matters but are different from money bills. © Constitution Amendment Bills : which are concerned with the amendment of the provisions of the Constitution. Ordinary Bills. © Every Ordinary Bill passes through following stages in Parliament : © First Reading : Ordinary Bill can be introduced by any member in any House with the permission of the House. © The Bill is introduced to the House by proposer and then is published in the Gazette of India. © I£Bill is published before introduction then leave of House is not necessary. © No discussion of the Bill take place at this stage. © Together the introduction of the Bill & its publication in the Gazette constitutes the First Reading. © Second Reading : involves 3 sub-stages : 1. Stage of General Discussion : Printed copies are distributed in House. Principles & Provs are discussed in general but not in detail. The House may take the Bill immediately for consideration OR refer the Bill to Select Committee or to Joint Committee OR may elicit public opinion. 2. Committee Stage : The Select or Joint Committee examines the Bill thoroughly. It can amend the provisions without altering the basic principles. After this thorough scrutiny & amendment (if any), the Bill is sent back to House. 3. Consideration Stage : The House discusses and votes on the Bill clause by clause. Amendments can also be moved & accepted at this stage. © Third Reading : The debate is confined to only rejection or acceptance of Bill. © The Rejection or Acceptance of Bill is considered as a whole. © No amendments can be moved. © If Majority of members present & Voting (Simple Majority) accept the Bill, the Bill is regarded to be passed by the House. © The Bill is then authenticated by the Presiding Officer of the House and transmitted to the other House for consideration. © An Ordinary Bill is deemed to be passed by the Parliament only when both the Houses of the Parliament pass the bill by a Simple Majority. Bill in the Second House : The Bill goes through the same three stages of First, Second & Third Reading in the second House as well. The House has four alternatives : © May pass the Bill without amendments. © May the Bill with amendments and send it to first house for reconsideration. hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ 1018424,400 8m Partament (Ch-22)~ M, taxman Indian PoltyA Summary © May reject the Bill. © May not take any action and thus keep the Bill pending. © If both Houses pass the Bill then the Bill goes to President for his assent. © IfSecond House rejects the Bill or passes Bill with amendments which are then rejected by the First House, or if House does not take action on Bill for 6 months, then a deadlock is deemed to have taken place. © Incase of deadlock, President summons both Houses for a Joint Sitting. © If Majority of members in Joint Sitting of both Houses pass the Bill, then the Bill goes to Prez for her assent. © Assent of the President : After every Bill is passed by the Parliament, the President has three alternatives © May give assent to the Bill. © May withhold assent to the Bill. © May return Bill for reconsideration. © When assent is given, Bill becomes an Act or Law and is placed in the Statute Book. © If President withholds assent (see Ch-17), then the Bill ends right there. © If the Bill is sent for reconsideration and is passed for a second time with or without amendments by Both Houses, then the President's Assent is mandatory. Money Bills. © Art 110 defines money bills as those bills containing only provisions dealing with following matters : © Imposition, Abolition, Remission, alteration or regulation of tax © Regulation of the borrowing of money by the Union Government. © Custody of Consolidated Fund of India or Contingency Fund of In¢ deposition of money in such funds. © Appropriation of money out of Consolidated Fund of India. © Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure. © Reciept of money on account of Consolidated Fund of India or the Public Account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State. © Any matter incidental to any matters specified above. © Abill is not considered to be a Money Bill if the bill provides for: © the imposition of fines or other pecuniary penalties. © the demand or payment of fees for services rendered © the imposition, Abolition, Remission, alteration or regulation of any tax by any local authority or body for local purposes. © The Speaker's decision on the question of whether a Bill is a Money Bill or not is final. It cannot be questioned in a court of law. or of withdrawal or Legislative Procedure for Money Bill. © A Money Bill can be introduced only in Lok Sabha and that too with prior permission of President. © A Money Bill cannot be introduced by a private member. © After the Money Bill is passed by Lok Sabha, it is transmitted to Rajya Sabha. hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ sae424,400 8m Partament (Ch-22)~ M, taxman Indian PoltyA Summary © Rajya Sabha has restricted powers in respect to Money Bill : © RS cannot reject or amend a Money Bill. It can only make recommendations. © RS must return Bill with or without recommendations to LS within 14 days, failing which the Bill is deemed as passed by both Houses. © When a Bill is returned to LS, it can reject all recommendations or accept them. If accepted then amended bill is deemed as passed by both houses, if rejected then the orignal bill is deemed to be passed by both houses. © President may either give her assent or withhold it. Prez cannot return Bill Financial Bills. © Financial Bills deal with fiscal matter : revenue & expenditure. © Financial Bills are of 3 types : © Money Bills - Art 110. © Financial Bills (I) — Art 117 (1). © Financial Bills (II) - Art 117 (3). © Money Bills are a species of Financial Bills. © All Money Bills are Financial Bills but all Financial Bills are not Money Bills. © Financial Bills which deal only with matters mentioned in Art 110 are Money Bills. Financial Bills (1). © Financial Bills (1) are those bills which not only deal with matters in Art 110 but also matters of general legislation. © Financial Bills are similar to money bills in 2 respects : © Both of them can only be introduced in Lok Sabha. © Both of them can be introduced only on President's recommendation. © Other than above exceptions, the Legislative Procedure for passing Financial Bills (1) is the same as Ordinary Bills © It can be rejected or amended by Rajya Sabha(prior permission of Prez required to move amendments in either House, except for reduction or abolition of tax). © Incase of disagreement between the two houses, Joint Sitting can be called by Prez. © Prez can either give his assent, withhold assent, or return Bill for reconsideration. Financial Bills (I). © A Financial Bill (11) contains provisions involving expenditure from Consolidated Fund of India but not any matter from Art 110. © Itis treated as an Ordinary Bill in all respects including the Legislative Procedure. The only special feature is that prior permission of Prez is required to vote on the Bill but not for introduction It can be introduced in either House without President's pen It can be rejected or amended in both Houses. Joint Sitting can be called in a deadlock. President can also give or withhold assent or return the Bill for reconsideration. ° ion. eo 000 hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ 1318417/24, 4.00 PM Parliament (Ch-22) ~M. laxmikanth’s Indian Polly — A Summary Budget in Parliament. Introduction. Constitution refers to the budget as ‘Annual Financial Statement’. Term ‘budget’ is not mentioned. © Art 112 deals with budget. Budget is a statement of estimated receipts & expenditure of the Govt in a financial year (1 April - 31 March) © The budget contains the following : © Estimates of revenue & capital receipts. © Ways & means to raise the revenue. © Estimates of expenditure. © Details of actual receipts & expenditure of the closing financial year & reasons for any deficit or surplus in that year, Economic & Financial policy of the coming year — taxation proposals, prospects of revenue, spending programme & introduction of new schemes & projects. Charged Expenditure. The budget consists of two types of expenditure : expenditure ‘charged’ upon the Consolidated Fund of India and expenditure ‘made’ from the Consolidated Fund of India. Charged Expenditure is non-votable, it can only be discussed in Parliament. ‘Made’ Expenditure must be voted by the Parliament. © List of Charged Expenditure : © Salary & allowances of President, Chairman & Deputy Chairman of Rajya Sabha, Speaker & Deputy Speaker of Lok Sabha, Judges of Supreme Court, Comptroller & Auditor-General, Chairman é members of UPSC. Pension of SC & HC judges, CAG, UPSC Members. © Administrative expenses of SC, CAG, UP! © Debt charges for which Govt of India is liable including interest, etc. © Any sum required to satisfy a judgement of courts or tribunal. © Any expenditure declared so by Parliament. ° Stages in Enactment of Budget. © Presentation of Budget : Budget is presented by Finance Minister in Lok Sabha through a ‘budget speech’, At the end of Speech in LS, the Budget is laid before Rajya Sabha which can only discuss it & not vote on it. © General Discussion : It generally begins a few days after presentation & lasts for 3 to 4 days. Whole budget can be discussed or any question of principle therein. No cut motion can be moved & budget cannot be voted on. hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ sane424,400 8m Partament (Ch-22)~ M, taxman Indian PoltyA Summary © Scrutiny by Departmental Committees : After General Discussion, both Houses are adjourned for 3 to 4 weeks. In this gap, 24 Departmental standing committees of Parliament examine & discuss in detail the demand for grants of concerned Ministries & prepare reports. These reports are submitted to the Houses for consideration. © Voting on Demands for Grants : Demands for Grants are presented ministry-wise infornt of the Lok Sabha. A demand becomes a grant once duly voted on. General budget has 109 demands + 32 demands for Railway. Each demand is voted on individually. © The budget is discussed in detail before vote and motions to reduce the demand (cut motions) can also be moved which are of 3 types : © Policy Cut Motion : represents disapproval of policy underlying the demand. States that amount of demand be reduced to Rs 1. © Economy Cut Motion : demand may be reduced by a specified amount. © Token Cut Motion : represents a grievance. States that amount be reduced by Rs 100. © A passing of cut motion will show the lack of majority of Govt and therefore may lead to its resignation. © 26 days are allotted for discussion & Voting but on the last day all demands are put to vote whether discussed or not. This is called ‘guillotine’. © Passing of Appropriation Bill : An appropriation bill is passed to sanction withdrawal from Consolidated Fund of India for all money required to meet the grants voted by the Lok Sabha & the Expenditure charged on CFI. © Grants cannot be withdrawn without assent of Prez on the Appropriation Bill. This takes some time, therefore Lok Sabha has powers to make advance grants for the meantime. This is called “Vote on Account’, Passed after General Discussion is over. Generally provides for 2 months of expenditure. © Passing of Finance Bill : The proposals of the government for levy of new taxes, modification of the existing tax structure or continuance of the existing tax structure beyond the period approved by Parliament are submitted to Parliament through this bill. © Subjected to all conditions as a Money Bill. © The President must give his assent within 75 days. © Finance Act legalises the income side of the budget and completes the process of enactment of the budget. Grants in Parliament. © Inaddition to the budget, which contains ordinary estimates of income and expenditure, various other grants are also made by Parliament under extraordinary or special circumstances : © Supplementary Grants. © Additional Grant. © Excess Grant. © Vote of Credit. © Exceptional Grant. © Token Grant. © Supplementary Grant : Granted when the amount authorised by Parliament in the budget for a specific task is found to be insufficient. © Additional Grant : Granted when need has arisen for additional expenditure on a New Service or Task not provided for in budget. hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ 158424,400 8m Partament (Ch-22)~ M, taxman Indian PoltyA Summary © Excess Grant : granted when the fixed budget for a task is exceeded in completing it. Voted in by Lok Sabha after the end of the Financial Year with the prior approval of the Public Accounts ‘Committee of Parliament. © Vote of Credit : it is a blank cheque Granted by Parliament to Govt to meet an unexpected expenditure for a task for which an accurate estimate is difficult to state because of the magnitude of the task or its indefinite character. © Exceptional Grant : Granted for a special purpose which is not related to any service or Task provided for in the budget. © Token Grant : Used to reappropriate money to a new service from a service the grant was originally made for in budget, by passing grant of Rs 1. Funds. © Constitution provides for three types of funds for Central Govt : © Consolidated Fund of India (Art 266) : Consists of all revenues received by Govt of India, all loans raised by Govt of India, all money received in repayment of loans. All legally authorised payments are made from this account, No money can be withdrawn without an Act paased by Parliament allowing so. © Public Account of India (Art 266) : Consists of all other public money not credited to. Consolidated Fund, including provident fund deposits, Judicial deposits, departmental deposits, remittances, etc. Exec order sufficient to make withdrawal. No parliamentary approval required. © Contingency Fund of India (Art 267) : enacted through Contingency Fund of India Act, 1950 by authorisation of Constitution. Fund held by Finance Sec on behalf of Prez to meet unforseen expenditure by exec action pending Parliamentary Approval. Parliamentary Privileges. Introduction. © Parliamentary Privileges are special rights, immunities and exemptions by the Houses of Parliament, their committees and members. © Privileges exist in order to maintain authority, dignity and honour of the Parliament and to protect the members from obstruction in discharge of their parliamentary duties. © Parliamentary Privileges extend to those persons who are entitled to take part and speak in the proceedings of the Houses or their committees, including Attorney General of India and Union Ministers. © Notextended to the President. © Can be classified into two types : © Collective Privileges. © Individual Privileges. hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ 68ria, 400 2m Partament (Ch-22)~ M, taxman Indian PoltyA Summary Collective Privileges. © These belong to the Houses as a whole © Right to publish its reports, debates and proceedings. Right to prohibit others from publishing the same. Press can publish true reports of Parliamentary Proceedings, except in case of secret sitting, © Right to hold secret meetings by excluding non-members from House. © Right to make its own of rules of Procedure and conduct. © Right to punish members as well as outsiders for breach of its privileges or for its contempt, by reprimand, admonition or imprisonment (also suspension or expulsion, in case of members). © Right to receive immediate information of arrest, detention, conviction, imprisonment & release of members © Can institute inquiries, order attendance of witnesses & gain relevant records and papers. © No person can be arrested within the precincts of the House without permission of the Presiding officer. © Courts are prohibited to inquire into proceedings of a House or its Committees Individual Privileges. © These are enjoyed by all members individually : © They cannot be arrested only in civil cases - during the session of the Parliament, 40 days before the beginning and 40 days after the end of a session. Not applicable in criminal or Preventive Detention cases. © They have freedom of speech in Parliament. No member is liable to any proceedings for anything said or any vote cast in the House or zits Committees subject to provisions of the Constitution and to the rules of Procedure of Parliament. © They can refuse to give evidence and appear as a witness in a case pending in a court when the Parliament is in session. **Constitution only mentions Freedom of Speech & right of publication as Parliamentary Privileges. It declared that other privileges would be the same as those of British House of Commons until determined otherwise by Parliament. Breach of Privilege & Contempt of House. © When any individual or authority disregards or attacks any of the privileges, rights, immunities of the individual members or of the House in collective capacity, the offence is termed as ‘breach of privilege’. © Any act or omission which obstructs a house of Parliament, its members or its officers in performance of their duties or which has a tendency to directly or indirectly hurt the dignity, authority and honour of the House is treated as a ‘contempt of House’. © The two terms are used interchangeably, however a contempt of House can be committed without necessarily breaching any of the privileges of the House. hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ wesnes, 400M Pariament(Ch:22)~ M. axmikant's Indian Poty ~A Sunray For detailed explanation of this chapter through a video-lesson on Unacademy, click here (uttps://unacademy.com/lesson/parliament-election-composition-chapter-221/4E]BUEFS) Ef TEJAS A. JHAAPRIL 18, 2019 Blog at WordPress.com. Do Not Sell or Share My Personal Information hitpsaxmikanthsummary.wordpress.com2019I04/t8ipatiament-ch-22/ rene