Parliament, State Legislature
Parliament, State Legislature
E
1) Legislative organ of UNION GOVT
INTRODUCTION 2) Consists President + Lok Sabha + RS
3) ART 79 to 122 part 5
4) Hindi names of RS + Lok Sabha adopted in 1954
1) representation of states =
1 Direct from territorial constituencies
2 Universal adult franchise
3 First-past-the-post system
MEMBERS 2) UT rep
1 COI = empower POI to prescribe the manner of choosing reps
2 POI act UT (direct election to house of people) = 1965
3 Members chosen by direct election
1) QUALIFICATIONS
1 Citizen of India
2 Subscribe to oath = schedule 3
MEMBERSHIP OF POI 3 Age = 25 years (Lok Sabha) + 30 years (RS)
2) as per ROP, 1951
1 Must be registered = elector for a parliamentary constituency
2 Member of SC-ST community any state or UT (if for reserved seat)
1) as per COI
1 Hold office of profit
2 Not citizen of india
3 Unsound mind + declared by court
4 Undischarged insolvent
5 voluntarily acquired citizenship of foreign state
DISQUALIFICATION 6 Disqualified by POI law
2) ROPA, 1951
1 Guilty of election offence + corrupt practice
2 Failed to lodge election expenses
3 Hold an office of profit or director/ managing agency = GOI shares 25%
4 interest in govt contracts
5 Convicted for promoting enmity + preaching & practising social crimes
6 Imprisoned for 2 years or more
3) subject to disqualification President = final decision with opinion from EC
4) on ground of defection = 10th schedule
1 Decided by = Chairperson/ Speaker JR (Kilhoto Holon case)
2 Voluntary give up party membership
3 Votes or abstains voting contrary to direction by party
4 Independently elected = joins party
5 Nominated members = join party after 6 months
1) DOUBLE MEMBERSHIP
1 Cannot be member of both houses of POI at same time
2) ROPA == in case of double membership
1 Elected to both house = must inform within 10 days of the choice
2 Or else RS seat = vacant
3 Sitting members in house = should opt on = or both vacant
4 Person CANNOT be a member of both Lok Sabha & State Legislative Assembly
VACATING SEATS in case he/she is seat in POI = vacant if not resign to State Legislative
Assembly in 14 days
3) on resignation to presiding officer of the house
4) absence = more than 60 days without permission
5) other cases
1 Election = void by court
2 Expelled by house
3 Elected to office of P or VP
4 Appointed = governor
6) incase = election VOID no provisions of procedure to do so in COI
1 As per ROPA 1951
2 Enable High Court = declare election void if a disqualified candidate is elected
3 Appeal = to Supreme Court against the High Court
1) by President or some person appointed by P
2) before oath = cannot vote + participate in proceedings of the house
OATH 3) penalty 500 each day
1 Sit without oath
2 When he/she knows = no qualified to sit
3 Knows that prohibiting from sitting/ voting in house by any POI law
1) determined by POI
ALLOWANCE 2) no provision of pension in COI
3) 1076 POI provided pension to its members
1) security of tenure
2) salaries = fixed by POI cannot be reduced + charged on CFI
INDEPENDENCE & 3) work = not discussed or criticised by Lok Sabha EXCEPT substantive motion
PARTIALITY 4) not subject to jurisdiction of court powers to regulate + conduct business
5) only exercise casting vote
6) table of precedence = 7th along with Chief Justice of India
7) Britain = speaker = strictly non-party India = not followed strictly
1) ART 89
2) VP = ex-officio chairman of RS
3) when VP = acts as P not discharge as chairperson of RS
4) chairman = NOT a member of RS
CHAIRPERSON OF 5) cannot vote at first instance = only equality of votes
RAJYA SABHA 6) salary + allowance = fixed by POI + charged of CFI + cannot be reduced
7) removal = ART 67
1 Only if removed as VP
2 Resolution under consideration attend as member + without vote
8) Powers
1 No decision on money bill
2 Cannot preside over a joint sitting
I
1) Nominated by = speaker/ chairman of Lok Sabha/RS
2) preside = speaker + deputy speaker absent
PANEL OF CHAIRPERSONS LOK 3) if the member of panel = not present other person as determined by
SABHA AND RAJYA SABHA
speaker acts as presiding officer
4) if speaker + deputy speaker seats = VACANT doe not preside
1 Here, PRESIDENT APPOINTS member from the house
1) ART 85
SUMMONING 2) by PRESIDENT of each house of POI
3) house SHOULD meet at least TWICE a year (PYQ 2020)
LAME DUCK 1) last session preceding Lok Sabha after new Lok Sabha elected
SESSION 2) existing members = who could not get re-elected to new Lok Sabha = aka LAME DUCKS
1) LAPSE
1 Pending in Lok Sabha
2 Pending in RS but passed in Lok Sabha
BILLS 2) DO NOT LAPSE
1 Passed by BOTH + returned by P for reconsideration
2 Pending in RS but NOT passed by Lok Sabha
3 NOT passed by both + joint sitting notified by P BEFORE dissolution
4 Passed by BOTH + pending assent of P
1) first hour of parliamentary sitting
QUESTION HOUR 2) member que = minister + or private members as well
3) Initially = in Indian Council Act, 1892
1 Currently = RULES OF PROCEDURE
4) Three kinds of questions
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Paper colour UNSTARRED SHORT NOTICE
Supplementary
SUBSTANTIVE 1) self-contained
2) independent proposal
MOTION 3) aim: very important matter
1) by itself = no meaning
SUBSIDIARY 2) cannot state decision of house without ref to original motion
MOTION 3) three sub-categories
1 Ancillary as regular way of proceeding with business
2 Superseding moved in course of debate on another issue + supersede the
previous issue
3 Amendment modify or substitute ONLY A PART of original motion
1) moved by = member
CALLING ATTENTION 2) concern = minister
MOTION 3) aim: to call attention of min on matter of URGENT PUBLIC IMP
4) Indian innovation = 1954 + mention = RULES OF PROCEDURE
1) address by P
MOTION 2) When
OF THANKS 1 First session after every general election
2 First session after Every fiscal year
3) discussed in BOTH houses of PI
4) MUST be passed or else defeat of govt
1) by speaker
2) no date fixed for discussion
1) motion for adjournment of debate on a bill
DILATORY MOTION 2) by whom any member at any time
3) debate = RESTRICTED to the matter
4) aim: delay the progress of business under consideration
5) Speaker = decided on motion = if its abuse of rules of house or not
SPECIAL MENTION 1) aim: matter which is not point of order or cannot be raised during others
2) can be brought under = SPECIAL MOTION in RS
MOTION 3) in Lok Sabha procedural equivalent is = NOTICE UNDER RULE 377
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Private Member Government Statutory
6) ALL motions = not necessarily put to vote BUT ALL RESOLUTIONS are required
to voted upon
7) ALL RESOLUTIONS as substantive motions
Drafted by
The pvt member
BILL IN THE 1) has four alternatives after the three stages as above are completed
SECOND HOUSE 2) ACCEPT without any amends sent to presidential assent
3) W AMENDS accepted by first house sent to P assent
4) Situation of DEADLOCK
1 First house rejects amends by second house
2 Second house rejects the bill
3 Second house = no action = for 6 months
5) In case of deadlock P summons = JOINT SESSION
1 If majority = present + voting passed by both houses
2 Simple majority required
1) Lok Sabha = after reports from DSC = take up voting on dd for grants
VOTING ON DD 2) Demands = presented ministry-wise
FOR GRANT 3) demand becomes grant AFTER duly voted upon
4) Voting
1 EXCLUSIVE to Lok Sabha
2 Confined to votable part only
3 No vote of exp on CFI
4 Each dd = voted separately
5 Members of POI here can DISCUSS the details of budget
6 Move motions = to reduce demand
1) POLICY CUT
CUT MOTION 1 Represent disapproval of policy underlying the dd
2 Amount = REDUCED to re 1
3 Can advocate ALTERNATIVE policy
2) ECONOMY CUT
1 Amount of demand reduced = by specified amount
2 Either reduced by = LUMP SUM
3 Ot reduced by omissions or reduction of an item in the demand
3) TOKEN CUT
1 Ventilates = specific grievance within sphere of responsibility of GOI
2 Amount of demand = reduced by 100
4) CUT motion only admissible when
1 Relate to one specific matter or demand = without arguments or
defamation
2 No suggestion for amendment
3 No repeal of existing laws
4 No question of privilege
5 No matter = under court
6 Not matter = not a primary concern of central govt
1) COI no money withdrawn from CFI except under appropriation made by law
PASSING OF 2) after dd for grants voted + passed = appropriation bill introduced
APPROPRIATION 3) bill to act after P assent
BILL
4) purpose: authorises + legalises payments from CFI
1) introduced annually
PASSING OF 2) aim: implement financial proposals of GOIfor next fiscal year + supplementary
FINANCIAL BILL proposal for ANY TIME
3) treated as money bill + can be subject to amendment related to tax
4) Provisional collection of taxes act mandate Finance Bill’s enact = within 75
days
5) finance act= finalises = budget process by legalising income side of it
SUPPLEMENTARY 1) when amount authorised for service of current FY = insufficient for that year
GRANT
ADDITIONAL GRANT 1) due to new services = NOT CONTEMPLATED in budget for the FY
1) granted to meet unexpected demand upon resources of India
VOTE OF CREDIT 2) due to acc of magnitude or indefinite character of service
3) dd = CANNOT be stated with details in a budget
1) ART 266
PUBLIC ACCOUNT 2) What is it all public money other than credited to CFI
3) Includes
1 PF deposits
2 Judicial deposits
3 Savings bank deposits
4 Remittances
5 Dept deposits etc
4) operation = by executive action
Contingency Fund
CONTINGENCY 1) ART 267
FUND 2) what amount determined by POI by law paid in this fund regularly
3) who at disposal of PRESIDENT
1 Advances out of it for unforeseen exp
2 Only by him
4) held by = FINANCE SECRETARY
1 On behalf of President
5) Operated by executive action
1) BILLok Sabha
RS & LOK SABHA 1 Ordinary
EQUAL STATUS 2 COI amendment
3 Financial bills = exp chrome CFI
2) PRESIDENT
1 Election
2 Impeachment
3 Recommendation to P for removal of Chief Justice of India + judges of Supreme C
High Court + CEC + CAG
3) VP
1 Election
2 Removal = RS alone can initiate it
4) ORDINANCE = approval
5) Emergency approval for its proclamation
6) selection of ministers + PM
7) reports from constitutional bodies = its consideration
8) enlargement of JURISDICTION Supreme Court + UPSC
1) MONEY BILLok Sabha
RS & LOK SABHA 1 Introduced in Lok Sabha
UNEQUAL STATUS 2 Cannot amend/ reject it
3 Lok Sabha can accept recommendations of RS + reject some = both cases deemed
to be passed by both houses
4 Final power to decide if its MB lays with Lok Sabha = SPEAKER
2) financial bill 1 introduced only in Lok Sabha
3) Joint sitting ONLY presided by SPEAKER of Lok Sabha
4) RS no vote on dd for grants + only discuss budget
5) emergency
1 Resolution for its continuation = only passed by Lok Sabha
6) Noconfidence motions = only initiated in Lok Sabha (PYQ 2014, 2022)
Special powers to RS
SPECIAL POWERS 1) ART 249
TO RAJYA SABHA 1 Authorise POI make laws on state list subject
2) ART 312
1 Create ALL INDIA services common to both C+S
3) ART 67
1 RS = initiate to remove VP
4) ART 352, 356, 360
1 Proclamation issued by P = to impose emergency = when Lok Sabha dissolved
2 Or Lok Sabha = dissolution is in process during the period allowed for its approval
3 then proclamation effective even when RS approves its continuation
BREACH 1) indv/ authority = disregards or attacks these privileges either of members or collective
PRIVILEGE capacity of house punishable by house
I
ARTICLE 169 POI can abolish a legislative council or create it
1 If State Legislative Assembly = passes a resolution
2 SPECIAL majority needed
3 Act of POI not as amendment to COI
4 Passed in POI = simple majority
1) no uniformity
INTRODUCTION 2) 6 states with bicameral legislature
1 Maharashtra
2 Andhra Pradesh
3 UP
4 Telangana
5 Bihar
6 Karnataka
3) state legislature has governor + legislative assembly + legislative council
1) STRENGTH
LEGISLATIVE 1 Max = 500
ASSEMBLY 2 Min = 60
3 Min strength states = Arunachal pradesh, Sikkim , Goa (only 30)
4 Mizoram = 40, nagaland = 46
2) ELECTION
1 Direct elections
2 Universal adult franchise
3) Nominated members = 1 anglo-Indian = abolished with 104 CAA, 2019
4) DURATION
1 5 years from first meeting
2 Dissolved by = governor
3 Can be Extended = by POI during national emergency = 1 year at a time + but not
beyond 6 months after cease
5) TERRITORIAL CONSTITUENCIES
1 Each state has it
2 Demarcation = as ration between popn of each constituency + no of seats
allocated = SAME throughout the STATE
6) READJUSTMENT AFTER EVERY CENSUS
1 In total no of seats in assembly of each state
2 Division of state into constituencies
3 Determined by = POI
7) SC/ SC RESERVATION
1 Each state
2 Based on popn
3 Originally for 10 years extended
4 104 CAA extend till 2030
1) STRENGTH
LEGISLATIVE
1 Max: ⅓ of total of assembly
COUNCIL 2 Min = 40
2) ELECTION
1 Indirect
2 COI = fixed max + min limits + BUT actual strength fixed by = POI
3) ⅚ total members = INDIRECT proportional rep + STV
1 ⅓ = from local bodies
2 ⅓ = of state legislative assembly
3 1/12 = graduates of 3 years standing + residing in state
4 1/12 = teachers of 3 years in state
4) NOMINATED MEMBERS
1 ⅙ = by governor
2 From = exp in cooperative movement, lit, arts, social service, science
5) DURATION
1 Continuing chamber
2 ⅓ = retire after 2nd year continues till 6 years
3 Re-election + renomination YES
MEMBERS OF 1) OATH
1 By governor or some apt by governor
SLA & SLC 2 Without oath cannot vote + participate in house + no privileges
2) QUALIFICATION = in COI
1 Citizen
2 Age = not less than 25 (State Legislative Assembly) + 30 (SLC)
3 Subscribe to Oath
4 Other qualification as per POI
3) QUALIFICATION = ROP, 1951(by POI)
1 SLC must be an elector from the constituency + for nomination = must be
resident of the state
2 State Legislative Assembly must be an elector from the constituency
3 Reserved seats must be a member of SC/ST
4) DISQUALIFICATION = COI
1 Holds office of profits = in union or state
2 Unsound mind + declared by court
3 Undischarged insolvent
4 Not a citizen
5 Disqualified under any law made by POI
5) DISQUALIFICATION = ROP, 1951 (by POI)
1 Guilty of election offence + corrupt practice
2 Failure = lodge account of election expenses in time
3 Interest in govt contracts or agency with 25% govt shares
4 Convicted for = promoting enmity
5 Punished for preaching + practising social crimes
6 Dismissed from govt services for corruption + disloyalty
7 Imprisonment 2 years or more
8 Here GOVERNOR DECISION = final with opinion from ECI
6) DISQUALIFICATION = grounds of defection
1 Disqualified under provisions of 10th schedule of COI
2 Decided by chairman of SLC or speaker of State Legislative Assembly
3 Kihoto Hollohan case Supreme Court: decision of speaker/ chairman = under JR
7) VACATE SEATS
1 Double membership at same time
2 Disqualification
3 Resignation = presiding office
4 Absence = more than 60 days without permission of the house
5 Others election void + expelled by house + elected as P or VP or governor
1) COI
LANGUAGE
1 Official language english or Hindi
2) but presiding officer permit in mother tongue
3) State Legislative Assembly authorised to decide
1 Continue or discontinue ENGLISH as floor language after 15 years
from COI
2 For HP, Manipur, Meghalaya, Tripura limit is 25 years
3 For Arunachal, Goa, Mizoram = it is 40 years
RIGHT OF MINISTERS Rights of Ministers + Advocate General
1) right to speak in house or committees
+ ADVOCATE GENERAL 20 NO right to vote
PRIVILEGES OF SL 1) COLLECTIVE
1 Publish reports + debates + proceedings
2 Right to prohibit others from publishing
3 Hold secret meetings
4 Rules to regulate own procedure + conduct its business + adjudicate on them
5 Punish members + outsiders for breach of privileges
6 Right to receive immediate info of detention + conviction + imprisonment
2) INDIVIDUAL
1 Members = not arrested during session & 40 days before beginning + 40 days
after ending of such session = ONLY for CIVIL
2 Freedom of speech not liable to any court proceedings for matters said on
floor
3 Exempted from jury service + give evidence + appear witness in pending
matter when State Legislative Assembly in session