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7th-Parl State Legislature Constitution 44

The document outlines the structure and functioning of the Parliament and State Legislature in India, detailing articles from the Constitution that govern their operations. It compares the Lok Sabha and Rajya Sabha, including their compositions, powers, and the processes for passing bills. Additionally, it highlights key articles related to legislative procedures and disqualifications, along with some additional facts about legislative councils and financial bills.

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0% found this document useful (0 votes)
6 views4 pages

7th-Parl State Legislature Constitution 44

The document outlines the structure and functioning of the Parliament and State Legislature in India, detailing articles from the Constitution that govern their operations. It compares the Lok Sabha and Rajya Sabha, including their compositions, powers, and the processes for passing bills. Additionally, it highlights key articles related to legislative procedures and disqualifications, along with some additional facts about legislative councils and financial bills.

Uploaded by

kumaranjani82
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Parliament and State Legislature

• Article 79 to 122 in part V deals with Parliament.


• Article 168 to 213 in part VI deals with State Legislature.
• Parliament consists of three parts- Lok Sabha, Rajya Sabha, and President.
Composition of two houses–
Rajya Sabha Lok Sabha
Article 80 81
Maximum 250 552
strength
245 members (229 from states, 545 (530 from states, 13 from
Present 4 from UTs and 12 nominated UTs, and 2 nominated members)
strength members)
Members of Rajya Sabha are Members of Lok Sabha are
elected on the basis of directly elected by the principle of
proportional representation by universal adult franchise.
Election means of a single transferable
system

Nominated 12 0
members
Permanent House, not subject Five years
Duration to dissolution
Minimum age 30 25
requirement
Chairman (Article89-92) Speaker (Article 93-96)
Vice president is ex-officio He is ex officio chairman of Indian
Presiding chairman of Rajya Sabha Parliamentary Group
Officer
• Article 249- make law in the • Article 110- Money bill is
state list introduced in Lok Sabha and RS
• Article 312- creates new all has very limited powers in it
India services • Article 108- Joint Setting
• Speaker of LS preside over a
joint meeting
• RS cannot vote on demands of
the budget only LS can
Special Powers • Motion of no confidence can only
be initiated & passed in LS.
• Double Membership
• Disqualification
Vacation of • Resignation • Same as in case of RS
Seats (Article • Absence
101) • Other cases
• Must not hold any office of
profit
• Must not of unsound mind &
undischarged solvent
• Must not acquire citizenship of
the foreign country • Same as in RS
• Must not be disqualified under
Disqualification any law made by the
(Article 102) President

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Sessions in Parliament
Name Article Remarks
• President from time to time summons each
Summoning 85 house.
• It is done by the presiding officer of the house.
• it suspends the work of the house for a definite
time.
85
Adjournment
• It is done by the presiding officer of the house.
• it suspends the work of the house for an
Adjournment 85 indefinite time.
Sine dine
• It is done by president.
• It terminates session of parliament.
Prorogation 85
• Only for LS.
• It ends life of House.
• When tenure of house expires.
Dissolution 85 • When president dissolves the house.

Proceedings and Motions


• First hour of parliament
• It includes
a) Starred questions -
Question Oral
Hour b) Unstarred questions-
Written
c) Short notice
Proceedings questions- Oral
• Unique initiative on Indian
parliament
Zero Hour • Starts just after question
hour

• It is moved by a member to • Simple Closure


Closure cut short any debate • Compartment Closure
Motions • Kangaroo Closure
• Guillotine Closure
Privilege • Passed in case of breach of
Motion privilege
Adjournment • To draw the attention of the Only passed in LS
Motion house for an urgent matter.
No- • It is passed against the Only passed in LS
Confidence whole council of minister
Motions Motion • Not require any reason
Censure • Passed against any minister Only passed in LS
Motion or whole Council of
ministers

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Ordinary and Money bills


Ordinary Bill Money Bills
Article 108 Article 110
Both Rajya Sabha and Lok Sabha has equal Lok Sabha has more powers and Rajya
powers in these bills Sabha has limited powers
Rajya Sabha can detain it by 6 months Rajya Sabha can detain it for only 14 days
Joint sitting is placed in case of deadlock • No provision of the joint sitting.
• RS has to resend the bill with or
without recommendations to LS in
14 days, and LS can accept or reject
these recommendations.

Major Article of Parliament and State legislature


Article Parliament Corresponding article of State
Article Legislature
170- for legislative assemblies
80-81 Composition of RS and LS 171-for legislative councils
83 Duration of houses 172
84 Qualification of members 173
89-98 Officers of Parliament 178-186
102 Disqualification of members 191
105 Power, Privileges, etc. 194
108 Joint meeting of LS and RS
110 Money Bills 199
112 Budget 202
114 Appropriation bills 204
115 Supplementary, additional and excess 205
grants
120 Language to be used in parliament 210

Some additional facts:


• Article 169 deals with Legislative Councils in States and 171 deals with its
composition.
• Disqualification based on Anti Defection is decided by a Presiding officer of the
house.
• Quorum of house is one-tenth of members of total members of house or ten
members, whichever is high.
• Attorney General of India can participate in meeting of both houses, but he cannot
vote the same for Advocate general in states.
• No provision of joint sitting in the constitution for the state legislature and state
councils.
• Financial bills are mentioned in Article 117 and 207 for parliament and state
legislature respectively.
• President cause to be laid before the houses of parliament various reports of CAG,
Financial Commission, Budget, etc.

***

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