0% found this document useful (0 votes)
31 views24 pages

Parliament, State Legislature

The document outlines the structure and functions of the Parliament of India, detailing its two houses: the Lok Sabha and the Rajya Sabha, along with their membership, election systems, and terms. It highlights the roles of key positions such as the Speaker, Deputy Speaker, and Leader of the House, as well as the processes for summoning, adjournment, and disqualification of members. Additionally, it covers historical context, powers, and duties of parliamentary officials, ensuring a comprehensive overview of the legislative framework in India.

Uploaded by

bhuvanc841
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
31 views24 pages

Parliament, State Legislature

The document outlines the structure and functions of the Parliament of India, detailing its two houses: the Lok Sabha and the Rajya Sabha, along with their membership, election systems, and terms. It highlights the roles of key positions such as the Speaker, Deputy Speaker, and Leader of the House, as well as the processes for summoning, adjournment, and disqualification of members. Additionally, it covers historical context, powers, and duties of parliamentary officials, ensuring a comprehensive overview of the legislative framework in India.

Uploaded by

bhuvanc841
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 24

PARLIAMENT

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) Max strength 250 =


1 238 = states + Ut
RAJYA SABHA 2 12 = nominated by P arts, literature, science, social service
3 Current = 225 + 8 (UT) + 12 from P
2) 4th schedule allocation of seat to RS from states + UT
3) ONLY = delhi + Pudu + J&K = rep in RS

1) representation of states elected by MLAs =


MEMBERS 2) Method = proportional rep + single transferable vote
3) Allotted to RS based on = population
4) Rep to UT indirectly elected of electoral college

1) continuing chambers PERMANENT BODY


2) no dissolution
FEATURES 3) ⅓ mem= retire every second year term of
office = SIX years

1) Max strength 550 = 530 (state) + 20 (UT)


2) Current 524 (states) + 19 (UT)
LOK SABHA 3) 2 nominated by P discontinued 104 CAA 2019
4) 17th Lok Sabha non mem from anglo-Indian

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) not continuous chamber l


2) term = expire 5 years or earlier
TERM 3) ART 352 extended = ONE YEAR at a time = during NATIONAL EMERGENCY
by law of POI
1 cannot continue beyond 6 months after emergency ceases to operate
1) each state = divided into territorial constituencies
2) for uniformity
1 Rep bw/w diff states
SYSTEM OF ELECTIONS 2 Rep between different constituencies in the same state
TO LOK SABHA 3) COI abandoned system of communal rep
1 Reservation = along caste + women = as per 106 CAA
4) CAA = 42nd froze allocation = until 2000 at the census of 1971 level
1 Ban on readjustment = extended for 25 years 2026 = 84 CAA, 2001
5) 61st CAA voting age reduced = 21 to 18 years

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) origin = GOI ACT 1919


HISTORY OF SPEAKER 2) 1921
AND DEPUTY SPEAK 1 Before 1921 Governor-general of India (GGI) preside over central-legislative
council
2 Federick white = GGI as speaker + Sachidanand Sinha = first deputy speaker
3) 1925 Vithal bhai patel first Indian + elected speaker in central legislative
assembly
4) GOI ACT 1935
1 Changed nomenclatures of President & deputy president speaker + deputy
speaker of legislative assembly
5) first speaker in independent India = GV Mavalankar (Lok Sabha)
1 Deputy speaker = Ananthasayanam Ayyangar

1) ART 93 Elected from amongst members of the Lok Sabha


2) date of election = by President
SPEAKER OF 3) when vacant Lok Sabha elects another member
LOK SABHA 4) co-extensive with term of Lok Sabha
5) vacate seat in case of
1 Cease to be member of Lok Sabha
2 Resigns to Deputy speaker
3 Removed by resolution = ART 94
6) If Lok Sabha dissolved Speaker not vacate until new Lok Sabha meets

1) ART = 94 passed by majority of all the then members of Lok Sabha


RESOLUTION OF
REMOVAL OF LOK 2) resolution = moved only after = 14 days notice
SABHA SPEAKER 3) only discussed = 50 supporters at least
4) Speaker = cannot preside + but vote in first instance not in equality of votes
POWERS AND DUTIES 1) sources
1 COI
2 Rules of procedure & conduct of business of Lok Sabha
3 Parliamentary conventions
2) powers
1 Guardian of privileges of members + committees of Lok Sabha
2 Maintain = order + decorum
3 Final interpreter of = COI + ROP + COB of Lok Sabha + parliamentary
precedents
4 Adjourn = house or suspend meeting in absence of QUORUM
5 Not vote = in first instance + casting vote in case of tie
6 JOIN SITTING = preside = ART 108
7 Allow secret sitting = on request of leader of house
8 Decide on = money bill or not
9 Decide = question of disqualification subject to JR
10 Appoint chairman of ALL parliamentary committees of Lok Sabha +
supervise
11 Ex-officio chairman Indian parliamentary group (link between POI +
parliament of world)
12 Ex-officio chairman conference of presiding officers of legislative bodies of
country

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

1) 11th Lok Sabha convention based on consensus


DEPUTY SPEAKER OF 1 Speaker = ruling party
2 Deputy speaker = opposition party
LOK SABHA 2) elected after speaker elected
3) date fixed by = speaker
4) if DS office = vacant another member elected by Lok Sabha
5) Presides Joint Sitting ONLY IF speaker absent ART 108

1) elected by RS from its members


DEPUTY CHAIRMAN 2) if office = vacant RS elect another member
OF RAJYA SABHA 3) duties of chairman if vacant or VP acts as P
4) resignation = VP
SIMILARITIES IN BOTH
1) election = by respective house + date fixed by speaker/ chairman
2) not subordinate to speaker + directly responsible to the house
3) vacate seats if
1 Resignation to speaker/ chairman
2 Ceases to be a member of RS of Lok Sabha
3 Removed by resolution by majority of all the then members of Lok Sabha/RS
4) only casting vote = not in first instance (expect when resolution of removal)
5) salary = fixed by POI, charged on CFI
6) removal similar to speaker + cannot preside at sitting but can be present
1 Deputy chairman RS = ART 90
2 Speaker & Deputy Speaker of Lok Sabha = ART 94

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) speaker of last Lok Sabha vacates office immediately before first


meeting of new Lok Sabha
2) temporary office
SPEAKER PRO-TERM 3) purpose: transition of institution from old to new
4) enables = election of the new speaker
5) Oath + appointment = President
6) by convention senior most member of Lok Sabha
7) speaker + deputy speaker = do not make separate oath while assuming
office

1) each of POI separate secretarial staff of its own


2) but some posts are common to both houses
3) recruitment + service conditions by = POI
SECRETARIAL OF POI 4) secretariat of each house
1 Headed by a SECRETARY GENERAL
2 A permanent office appointed by the speaker/ chairman of Lok
Sabha/RS

1) under RULES OF Lok Sabha leader of house PM


1 If he/she member of house pr
2 Minister who is a member of Lok Sabha & nominated by PM as the
LEADER OF THE HOUSE leader
2) Leader of house in RS
1 Minister and a member of RS
2 Nominated by PM
3) PM nominate deputy leader of house
1 In USA known as MAJORITY LEADER
1) as per RULES OF HOUSE + PARLIAMENTARY STATUTE
2) First time recognised in 1969
3) Statutory recognition 1977 (as per salary & allowances of leaders &
LEADER OF THE
OPPOSITION opposition in parliament act, 1977)
4) not less than 1/10 = total seats for recognition as leader of opposition
5) Status equivalent to cabinet minister in terms of position + salary
6) Ivor Jennings 'Alternative PM’
7) in USA MINORITY LEADER

1) not mentioned in COI


2) based on POI conventions
3) every political party own CHIEF WHIP + other whips in POI ASSISTANT
FLOOR LEADER
4) functions
1 Ensure attendance of party members
2 Secure support in favour or against an issue
3 Regulate + monitor behaviour of members in POI
WHIP 5) members MUST follow directives by whip = or face disciplinary action
6) CHIEF WHIP in Lok Sabha is
1 Minister of parliamentary affairs
2 In RS Minister of State for Parliamentary affairs
7) Chief whip entitle to telephone + secretarial facilities
8) Chief wipers of recognised parties & groups in Parliament (facilities) Act, 1988
1 Recognised party not less than 55 members in Lok Sabha or 25 in RS
2 Recognised group not less than 30 members in Lok Sabha or 15 in RS

1) ART 85
SUMMONING 2) by PRESIDENT of each house of POI
3) house SHOULD meet at least TWICE a year (PYQ 2020)

1) duration between 1st sitting of house and its prorogation or dissolution


2) usually 3 sessions
1 Budget session Feb to May
SESSION 2 Monsoon session July to Sept
3 Winter Session Nov to Dec

RECESS Duration between prorogation and reassembly

1) sitting terminated by presiding officer of the house


2) suspends sitting of the house for SPECIFIED PERIOD (hrs, days, week)
ADJOURNMENT 3) DOES NOT affect bills or any other business that is PENDING
4) each meeting of day 2 sitting =
1 morning = 11 am to 1 pm
2 Post -lunch 2 to 6 pm

1) terminated sitting of POI indefinite period


ADJOURNMENT 2) by = PRESIDING OFFICER
SINE DIE 3) DOES NOT AFFECT bills or pending business
4) speaker can call a sitting = before the date or time to which it was adjourned
1) by = PRESIDENT
2) notification for prorogation is issued
3) can prorogue WHILE in session as well
PROROGATI 4) DOES NOT AFFECT BILL or business
ON 5) ALL PENDING NOTICES (other than of introducing bills)
1 LAPSE
2 Fresh notices = for next session
3 In Britain end to all bills or business pending = in prorogation

1) ONLY Lok Sabha = dissolved


DISSOLUTION 2) end the life of POI = irrevocable
3) ALL bills + motions + resolutions + notice = PENDING = LAPSE
4) reason
1 Expiry of term
2 When PRESIDENT dissolves
5) some pending bills + assurance → to be examined by committee of GOVT ASSURANCE =
DO NOT LAPSE

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) min number of members required = PRESENT in house for business


2) 1/10 of total members + presiding officer
QUORUM 3) no quorum = presiding office =
1 Adjourn house or
2 Suspend meeting till quorum

1) COI HINDI + English = language for transacting business in POI


LANGUAGE 2) Presiding officer = permit mem/ minister to use mother tongue as well
IN POI 3) Official Languages Act = 1963
1 Allowed English + Hindi
2 Even after 15 years from commencement

1) rights to speak + take part in proceedings of both house


RIGHTS OF MINISTERS 2) same rights in cases of
ATTERNEY GENERAL 1 Joint sitting
2 Committee of POI of which a member + NO vote

1) all matters = decided by majority of votes of members = present + voting


2) exclude = presiding officer
3) methods of vote
VOTING IN 1 Voice vote
HOUSE 2 Secret ballot
3 Recording of votes
4 Distribution of slips
5 Physical count of members
6 Casting vote

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

#
Paper colour UNSTARRED SHORT NOTICE

Mode of Oral answer Orally + 10


Answer Written days notice

Supplementary

Paper colour Green White Light Pink

5) Question to private member = colour yellow

1) Informal device to members = raise matters of urgent public importance


ZERO HOUR 2) start = immediately after ques hour + end = until agenda for day
3) an INDIAN INNOVATION since 1962

1) discussion on matters of urgent public importance


MOTIONS 2) require consent of presiding officer
3) adopt or reject motion by house to discuss, opinion, or decide
-

4) moved by = ministers or pvt members

SUBSTANTIVE 1) self-contained
2) independent proposal
MOTION 3) aim: very important matter

SUBSTITUTE 1) Aim: propose alternative to original motion


MOTION 2) supersedes original if adopted

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

CLOSURE 1) moved by = member


MOTION 2) WHY cut short debate
3) APPROVED debate stopped + matter = to vote
4) four kinds fo closure motions
1 Simple = matter sufficiently discussed + now to be put to vote
2 By compartments = clauses grouped + debated as whole + then vote
3 Kangaroo = only imp clauses debated + voted + others = as passed
4 Guillotine = undiscussed + discussed put to vote due to want of time
PRIVILEGE 1) motion = breach of privilege raised by member of POI
MOTION 2) WHEN minister = violated privilege of house or members by withholding or
distorting facts
3) aim: censure the minister

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) who = of the house


ADJOURNMENT 2) why = definite urgent public matter
3) extraordinary device + interrupts normal business of the house
MOTION
4) NOT in = RS as it involves some censure against govt
5) time: not less than 2 hours 30 mins
6) other features:
1 Not more than one matter + should be of recent occurrence
2 No que of privilege
3 Not discussed earlier + no matter of adjudication by court
4 Support = 50 members

1) as a procedural tool FOR situations of fractured mandate


CONFIDENCE
MOTION 1 Hung parliaments
2 Minority govt
3 Coalition govt
2) govt = may ask voluntarily prove majority by proposing this
3) if it fails leads to collapse of govt

1) bedrock of parliamentary democracy


2) shows = collective responsible to Lok Sabha
NO-CONFIDENCE 3) not in COI but in RULES OF PROCEDURE = 198
MOTION 4) who = only Lok Sabha
5) support = 50 members + no need to state reasons
6) only against entire COM ( not = indv min/groups)
7) COM = must resign if passed

CENSURE MOTION 1) aim: seek disapproval of certain policies of govt


2) NO need to state reason
3) against whom indv minister or group or COM
4) if passed = not resign from office

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

POINT OF ORDER 1) by who members


2) what when proceedings of house do not follow normal rule of procedure
1 Relate to interpretation or enforcement of rules of house
2 Should raise a que that is within cognizance of the speaker
3) extraordinary device suspends the proceedings before house
4) debate = NOT ALLOWED

HALF AN HOUR 1) aim: discuss matter of sufficient public importance


DISCUSSION 2) time: allot three days in week by speaker
3) neither formal motion or voting for this

1) aka = 2 hour discussion


SHORT DURATION 2) SHOULD NOT exceed 2 hours
DISCUSSION 3) Days 2/week by speaker
4) Existence = 1953
5) Neither formal motion or voting for this

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

1) self-contained independent proposal


RESOLUTION 2) submitted to = house + drafted = as capable of expressing decision of house
3) aim: draw attention of house/ govt to matters of general public interest
4) by = member cannot withdraw it without permission of house
5) three types of resolutions

#
Private Member Government Statutory

Moved by By min or pvt mem


Private members By minister

Days for Alternate fridays Aim: for pursuance


discuss only in afternoon of provision in COI

6) ALL motions = not necessarily put to vote BUT ALL RESOLUTIONS are required
to voted upon
7) ALL RESOLUTIONS as substantive motions

1) started = on recc of 4th ALL INDIA WHIPS CONFERENCE


YOUTH PARLIAMENT 2) aim: acquaint youth with practices + procedures of POI
3) Other purpose
1 Imbibe spirit of discipline + tolerance
2 Values of democracy
3 Build Proper perspective on functioning of democratic institutions
4) Supervision = by ministry of parliamentary affairs + encourages states too
BILL IN POI 1) Bill
1 legislative procedure
2 Proposal for legislation
3 Becomes act when duly enacted or passed by both houses with P assent

PUBLIC BILL WHAT Reflects policies of govt

BY WHOM Minster in POI

TIME 7 days notice before introduction


·

Drafted by Concerned dept with consultation from law dept

If Rejected Leads to want of parliamentary confidence +


may lead to resignation

PRIVATE BILL WHAT Introduced by a person other than a minister

BY WHOM By the private member

TIME One month’s notice before introduction


·

Drafted by
The pvt member

If Rejected No implication on the parliamentary confidence

ORDINARY BILL 1) INTRODUCTION


1 Any house
2 By minister or a member
2) PRESIDENT RECOMMENDATION
1 Without it can be introduced
3) RS POWERS
1 Can be amended or rejected
2 Detained = for max 6 months
3 Not require certification of speaker when transmitted to RS
4) JOINT SESSION
1 Sent to P assent only after approved by both houses
2 YES = in case of deadlock between two houses
3 Summoned by = PRESIDENT
5) PRESIDENT POWERS
1 Reject
2 Approve
3 Return for reconsideration
Stages of Enactment of the Bill
1) introduction in Gazette constitute
2) NO discussion
FIRST READING 3) Members ask for leave of house for intro
STAGE 4) If published in gazette of India before introduction leave of house NOT
necessary

1) general + detailed scrutiny


2) Stage of general discussion
SECOND READING 1 Principles + provision = discussed generally
STAGE 2 Referred to committee
3 Details = NOT DISCUSSED
3) House can take 4 actions
1 Make the bill into consideration immediately or on fixed date
2 Refer to select committee
3 Refer to joint committee of two houses
4 Circulate for public opinion
4) At committee stage
1 Examine the bill thoroughly
2 Clause by clause without altering the principles
3 After scrutiny reports back to house
5) Consideration Stage
1 Consider provision = clause by clause
2 Each clause voted + discussed separately
3 Members = move amends if accept part of the bill

1) debate = confined to acceptance or rejection


THIRD STAGE OF 2) NO AMENDMENTS
3) if majority = present + voting accept PASSED by the house
READING
1 Authenticated by presiding officer
2 Sent to other house approval
4) passed by POI ONLY = BOTH HOUSES = agreed to it with or without
amends

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

ASSENT OF PRESIDENT 1) ASSENT by P bill is passed + placed in statute book


2) RETURNED for reconsideration
1 Both house = can accept or reject amends
2 Presented to P with or without amends P HAS TO PASS
MONEY BILLS 1) deemed to be a money bill ONLY when
1 Imposition + abolition + remission + alteration = tax
2 Regulation of borrowing money by GOI
3 Custody of CFI or contingency fund + withdrawal or payment from it
4 Appropriation of money out of CFI
5 Declare = exp charged on CFI or increasing amount of the ecp
6 Receipt of money on acc of CFI or public account or audit of accounts of
UOI

LEGISLATIVE PROCEDURE 1) INTRODUCTION


FOR MONEY BILLS 1 ONLY in Lok Sabha
2 Only by a minister
3 Only on recc of P
4 As a govt bill
2) AMENDMENT
1 NO amendment or reject by RS
3) RETURN
1 RS can return with or without recommendations
2 Max = 14 days
3 Certification of speaker to transmit to RS
4) JOINT SESSION
1 NO
2 Sent to P assent
3 Its defeat in Lok Sabha = GOI resignation
5) PRESIDENT’s ACTION
1 Reject
2 Approve
3 CANNOT return for reconsideration

FINANCIAL BILL 1 1) ART 117 (1)


2) what is it
1 Has exclusive matters of ART 110
2 + other matters of general importance
3) INTRODUCTION
1 ONLY in Lok Sabha
2 Only after recc by P
4) LEGISLATIVE PROCEDURE as ordinary bill
1 Therefore, joint sitting is available

1) ART 117 (2)


FINANCIAL BILL 2 2) WHAT IS IT?
1 Provisions of exp from CFi
2 Not include = other matters in ART 110
3) INTRODUCTION
1 In any house of POI
2 Introduction stage = P recc is NOT necessary
4) PRESIDENT RECC
1 Required in CONSIDERATION stage
2 Not in introduction stage
1) ART 108
JOINT SITTING 2) extraordinary machinery = in COI
3) aim: resolve deadlock between two houses in POI
4) reasons for deadlock
1 Six months = ig no action is taken on the bill by the second house
2 Disagreement between two houses on amendments
3 Rejected by other house
5) who can summon
1 President = summons it
2 For deliberation + voting
6) Mechanism
1 Bill in dispute passed by majority of total members of both houses of
present + voting in joint sitting passed by both
2 Preside Speaker of Lok Sabha
3 In absence deputy speaker of Lok Sabha or deputy chairman of RS
7) Quorum
1 1/10 of total no of members in two houses
2 Governed by = rules of procedure of Lok Sabha only (not RS)
8) in case of dissolution of Lok Sabha
1 Disputed bill already lapsed = no joint sitting
2 Lok Sabha = dissolved = after P notified for joint sitting then JS can be held
= bill NOT lapse
9) WHEN HAS IT BEEN EVOKED?
1 Only 3 times
2 1960 Dowry Prohibition bill
3 1977 Banking Service Commission (Repeal) bill
4 2002 prevention of Terrorism
10) COI at JS NO NEW amendments to be proposed EXCEPT
1 Amendments = that caused the disagreement
2 Amendments = might have become necessary due to delay in passage

BUDGET 1) ART 112


2) COI Annual Financial statement (Budget not used in COI)
3) Statement of account of GOI in a financial year
1 Estimates = revenue + capital receipts
2 Ways + means to raise revenue
3 Estimates of exp
4 Details of actual receipts + exp in closing FY
5 Economic + financial policy of coming year
4) 2017 till here GOI = 2 budgets
1 Railway
2 General budget
3 Railway separated in 1924 Acworth committee (1921)
5) It was separated because
1 Secure stability for civil estimates from Railways revenues
2 Flexibility in administration of railways finances
6) ENACTMENT PROCEDURE
1 Laid by = P in both houses
2 NO DD for grant except on recc of P = ART 113
3 No money withdrawn from CFI except under appropriation by law = art 114
4 NO MONEY bill imposing tax = intro in POI except recc of P = ART 117
5 No tax levied or collected except = authority of law = ART 265
6 POI = reduce / abolish a tax = CANNOT increase it
7 RS = NO power to vote on dd for grants exclusive to Lok Sabha = ART 113
8 Exp charged on CFI = not voted in POI = ART 112
9 Separate acc exp charged on CFI & exp made from CFI = ART 112
10 Lok Sabha = approve/ refuse any dd or reduce the amounts in dd but not increase it
I
EXPENDITURE 1) is NON-VOTABLE by POI only discussed
CHARGED UPON CFI 2) includes
1. Salaries + allowances of P + presiding officers + judges of Supreme Court
2. Adm expenses + salaries/ allowances + pension of Supreme Court, CAG,
UPSC
3. Any sum for satisfy any judgement/ decree/ award of any court
4. Debt charges = GOI liable to give
5. Any exp declared by POI

PRESENTATION OF 1) presented to Lok Sabha by FINANCE MINISTER


BUDGET 2) 2017
1 On last working day of february to 1st of Feb
2 Budget can be presented in parts = two or more
3 Each part = dealt as budget
3) NO DISCUSSION on the day of its presentation

GENERAL DISCUSSION 1) after a few days


2) in BOTH houses of POI
3) lasts = 3 days
4) what happens
1 Lok Sabha = discuss the budget as whole or part
2 No cut motion
3 No voting
5) FM general right of reply

SECURITY BY 1) house = adjourned for 3-4 weeks


DEPARTMENTAL 2) 24 Departmental comm of POI = examine + discuss in detail dd for grants
COMMITTEES 3) reports prepared + submitted to houses of POI
4) about DSC
1 Estd in 1993
2 Makes = parliamentary financial control over ministries = more detailed

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) to overcome functionality of appropriation bill


VOTE ON ACCOUNT 2) Mentioned in COI
3) Aim: make grant in advance to est exp for part of FY due to pending dd for grant
+ enactment of appropriation bill
4) passed AFTER general discussion on budget is complete
5) Time:
1 granted for 2 months OR
2 amount equivalent = ⅙ of total estimation
6) Lists exp only by GOI
7) CANNOT CHANGE = direct taxes
8) Can be passed through the interim budget as well

INTERIM BUDGET 1) presented by GOI when


1 do not have time for full budget OR
2 general elections are due
2) elections due feasible as cannot present estimates for full year as will require
parliamentary assent by new govt for new estimates
3) POI discusses budget + passes it through interim budget till then govt
passes vote on acc allow govt to meet its adm expenses

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) granted for = special purpose


EXCEPTIONAL GRANT 2) forms = no part of current service of any FY

1) when funds to meet proposed exp can be available by reappropriation


TOKEN GRANT 2) DD for grant = token sum of Re 1 submitted to vote of Lok Sabha
1 Funds = available on assent by Lok Sabha
3) reappropriation transfer of funds from one head to another
1 DOES NOT involve additional exp

CONSOLIDATED 1) ART 266


2) Includes
FUND 1 All receipts = credited
2 All payments = debited
3) Legal Authority
1 By GOI
4) NO MONEY OUT except in accordance with POI law (PYQ. 2015)

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

PARLIAMENTARY 1) induce = special rights + immunities + exemptions


2) FOR = members of two houses of the POI + committee members of comm
PRIVILEGE 3) COI extend POI privileges to
1 Attorney General
4) NOT extended to P as he/ she integral part of POI

1) COI = ART 105 2 privileges


SOURCES OF
1 Freedom of speech in POI
PRIVILEGE 2 Right to publication of its proceedings
2) POI no special law to codify all privileges but namely based on 5 sources
1 COI
2 Laws by POI
3 Rules of both houses
4 POI conventions
5 Judicial interpretation

COLLECTIVE 1) right to publish reports + debates + proceedings


PRIVILEGE 2) Right to prohibit others from publishing it on same time
3) SECRET SITTINGS = hold to discuss imp matters + exclude strangers
4) Maker rules to regulate its own procedure + conduct of business + adjudicate on
them
5) punish = members + outsiders = for breach or contempt
6) right to receive = immediate info on arrest, detention, conviction, imprisonments &
release of members
7) inquiries + orders attendance of witness + sends relevant papers + records
8) Courts = PROHIBITED to enquire into proceedings of the house/ comm
9) NO PERSON = member/ outsider
1 Can be arrested within precincts of the house
2 No legal process within precincts of house
3 WITHOUT permission of the PRESIDING OFFICER
1) CANNOT be arrested =
INDIVIDUAL 1 during session of POI
PRIVILEGE 2 40 days before or after beginning/ end of the session
3 Applicability = only in civil + NOT in criminal or preventive detention cases
2) FREEDOM OF SPEECH
1 No member liable to any proceedings in any court
2 For anything said + vote in POI or comm
3) EXEMPTED from JURY service can refuse to give evidence + witness when POI in session

BREACH 1) indv/ authority = disregards or attacks these privileges either of members or collective
PRIVILEGE capacity of house punishable by house

1) no legal restrictions on its authority + jurisdiction


SOVEREIGNTY 2) supreme power within state
OF POI 3) Doctrine SOVEREIGNTY OF POI
1 Associated with British Parliament
2 meaning= supreme power of the country lies w its Parliament
4) POI not sovereign as British Parliament as = LEGAL RESTRICTIONS on its authority +
jurisdiction [PYQ, 2021]
5) Factors limiting it
1 Written COI
2 Federal system of government
3 Judicial review
4 FR
6) Indian parliament similar to American parliament as
1 Sovereignty of US congress = restricted by all the factors listed above
STATE LEGISLATURE

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

SPEAKER OF 1) ELECTION for State Legislative Assembly


1 From members
SLA /SLC 2 In office during life of State Legislative Assembly
2) VACATE
1 Ceases to be a member of State Legislative Assembly
2 Resign to presiding officer
3 Removed by resolution passed by majority of all members (14 days notice)
3) DUTIES
1 Maintain order + decorum of house
2 Final interpreter of = COI provisions + rules of procedure + conduct of business +
legislative precedents
3 Adjourns = assembly or suspends meeting = absence of quorum
4 Vote = in case of tie
5 Allow = secret meetings on request of leader of house
6 Final decision on money bill exclusive to SPEAKER of State Legislative Assembly
7 Presides business advisory comm, rules comm, general purpose comm
8 Appoints chairman of all committees of State Legislative Assembly/SLC
4) SALARIES
1 Fixed = state legislature
2 Charged upon CF of state (not subject to vote of SL)
SESSION 1) SUMMON
1 By governor
2 Max gap = not more than 6 months

ADJOURNMEN 1) aim: suspend sitting = specified time


2) by = presiding officer
T 3) adjournment sine die = ends the sitting for indefinite time

PROROGATION 1) after adjournment sine die


2) notice issued by = Governor for prorogation
3) aim: completes the current SESSION
4) governor also propagate = house in session

Ends the life of existing house


DISSOLUTION

1) 1/10 members total number of members of house including


QUORUM presiding officer
2) no quorum presiding officer = adjourns or suspends

1) BILL Lok Sabha LAPSE


LAPSING OF 1 Bill pending in State Legislative Assembly (originate or transmitted to
BILLS it by SLC)
2 Passed by State Legislative Assembly but pending IN SLC
2) DO NOT LAPSE
1 Pending in SLC but not passed by State Legislative Assembly
2 Passed by both houses pending governor or P assent
3 Returned by P for consideration

VOTING MAJORITY 1) Simple for all matters


2) special resolution for creation + abolition of SLC
3) Absolute removal of speaker
4) Casting vote presiding officers vote in case of tie

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

ORDINARY BILL 1) origin: any house


2) introduction = by minister or pvt members
3) FIRST READING
1 Transmitted from origin house to second house consider + pass
2 Deemed to pass when two houses agreed with or without amends
3 For unicameral passed by State Legislative Assembly directly sent
to GOVERNOR
4) BILL IN SECOND HOUSE
1 Passes through 3 readings
2 Pass with amends + return to State Legislative Assembly
3 Pass without amends
4 Reject the bill
5 No action + keep it for 3 months
6 Passed without amends sent to governor assent
7 In option b, d,f State Legislative Assembly may pass bill again →
give to council → council passes the bill with amends not acceptable to State
Legislative Assembly or rejects or keeps pending for 1 month bill PASSED BY
BOTH HOUSES
8 Ultimate power to pass the bill with State Legislative Assembly
9 Council can keep it for max 4 months 1 + 3 months
10 COI = NO JOINT SESSION for disagreement over the bill (as not all
states have bicameral structure)
5) ASSENT OF GOVERNOR
1 Give assent bill to law
2 Withhold bill ends
3 Return for reconsideration of house MUST pass if returned by house
with or without amends
4 Reserve for reconsideration of P
6) ASSENT OF P
1 Give assent
2 Withhold assent
3 Return for reconsideration house must reconsider within 6 months
P NOT obligatory to give assent this is not mentioned in COI

MONEY BILL 1) INTRODUCTION


1 ONLY in State Legislative Assembly
2 Recc of Governor
3 ONLY by a minister govt bill
2) BILL IN SECOND HOUSE
1 After State Legislative Assembly passes given to second house
2 SLC restricted powers + cannot reject + amend + only recc return within 14
days
3 If State Legislative Assembly accept passed in modified form + reject recc
bill passed in original
4 If SLC = not return within 14 days bill is considered passed by both
3) ASSENT BY GOVERNOR
1 Gives assent
2 Withhold
3 Reserve for presidential assent
4) PRESIDENT ACTION
1 Give assent
2 Withhold
3 CANNOT return it for reconsideration
BILLS RESERVED 1) Sarkaria commission centre-state relation 1983-88 classified bill reserved for P
FOR P in three categories
2) Bills MUST BE reserved
1 which derogate the powers of High Court or
2 endanger a position that a court has to fill as per COI (ART 200)
3 imposition of taxes or water or electricity
4 attract provisions of ART 288
5 which fall under ART 360
3) Bill MAY BE RESERVED for P
1 Bill securing immunity from ART 14 & 19
2 Related to subject in concurrent list
3 Ensure operation of provision despite their repugnancy to a union law
4 Securing P assent in terms of ART 245
5 Imposing restrictions on trade & commerce without prior sanction from P = ART
304
6 Bill = not fall under any category above but may be reserved = ART 200

POSITION OF SLC 1) STATUS EQUAL W State Legislative Assembly


1 Introduction + passing of ordinary bills
2 Approval of ordinance by governor
3 Selection of min including CM
4 Reports from CAG, state finance comm
5 Enlarge jurisdiction of = State Public service comm
2) STATUS UNEQUAL W State Legislative Assembly
1 Disagreement will of State Legislative Assembly prevails
2 SLC cannot introduce + amend + reject money bill
3 Only speaker of State Legislative Assembly = decide bill = money bill or not
4 Council = only discuss budget = not vote on demand
5 Council = no say in ratification of COI amendment bill
6 No confidence = only in State Legislative Assembly
7 Council depends = will of State Legislative Assembly

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

You might also like