Indian Constitution At Work Chapter 5 Legislature

Lok Sabha is the Lower House of the Parliament. It cannot have more than 545 members. Its members are elected by the people on the basis of universal adult franchise. Every citizen of India, who is 18 years old, has the right to vote in elections. The whole country is divided into electoral constituencies. Every electoral constituency has a population of about 5 to 7 lakhs. Two Anglo-Indians are nominated to it by the President.

Tips: -

M. Imp.

The Lok Sabha has a speaker who presides over its sessions and conducts its proceedings. He is a member of the Lok Sabha. The Lok Sabha elects him in its first sitting. The Speaker is normally a member of the majority party. But once elected, he has to conduct the business of the house impartially.

The Lok Sabha can control the executive more effectively because the executive is formed from the party or a coalition of parties that has a majority in the Lok Sabha. The second reason is that the members of the Lok Sabha are elected directly by the people. And thirdly the Lok Sabha has the power to remove the executive from office but the Rajya Sabha cannot remove the government.

The state legislature consists of Governor and one or two Houses of Legislature, these are (i) Legislative Assembly, (ii) Legislative Council. But in most of the state of India there is one House of Legislature i.e. Legislative Assembly.

There are five states which have a Bicameral Legislatures:

1. Uttar Pradesh, 2. Karnataka, 3. Jammu and Kashmir, 4. Maharashtra , 5. Bihar.

A Money Bill is that which is concerned with money matters like imposing, reducing, enhancing taxes, expenditure out of consolidated fund, contingency fund, raising of loan, payment of interests on loan, payment of loan, etc. A Money Bill can be introduced only by a minister. Therefore all Money Bills are the Government Bills. A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha.

Tips: -

V. Imp.

1. He must be a citizen of India.

2. He must be 25 years old.

3. He must not be holding any office of profit under the government anywhere.

4. He must not be a lunatic or insolvent.

Following are the qualifications for becoming the members of Legislative Council:

1. He should be a citizen of India.

2. He should not be less than 30 years of age.

3. He should not hold any office of profit under the Central or State Government.

4. He should not be insane and should not have been as such disqualified to become the member of the Council.

In all democratic countries of the world, legislature exists to make laws. There can be two types of legislature Bi-Cameral and Uni-Cameral. When the legislature consists of two chambers (Houses), it is known as Bi-Cameral Legislature. In almost all the big countries like USA., India, Switzerland, Canada, UK. etc. there is a bicameral system of legislature. The British Parliament consists of House of Lords and House of Commons whereas Indian Parliament consists of the Lok Sabha and the Rajya Sabha. But there are some countries like Pakistan, Finland, China, Portugal, Czechoslovakia etc., where there is a single House in the Legislature, it is known as Uni-Cameral legislature.

Tips: -

M. Imp.

By legislature we mean that the organ of Government which makes laws, alters them, amends them and repeals them. It is, in fact a very important organ of the Government. It is through this organ that the will of the people is expressed. It is a forum for the discussion of various matters affecting the life of the people. The representatives of the people belonging to all classes, sections and interests constitute the legislature. In a democracy the legislature is the most effective organ while it loses its significance under dictatorship.

In a modern democratic state legislature performs many functions as follows:

1. Law-making — The most important function of the legislature is to enact laws. It makes laws, alters them, amends the and repeals them.

2. Control over Finance — The national finance is controlled by the legislature in all the democratic states. Budget is passed by the legislature.

3. Amendment in the Constitution — In a democratic state the constitution is amended by legislature.

In India, the members of the Lok Sabha are elected directly by the people on the basis of Universal Adult Franchise.

A person must have the following qualifications to become a member of the Lok Sabha in India:

Essential Qualifications:

1. He should be a citizen of India.

2. He should not be less than 25 years of age.

3. He should not hold any office of profit under the Government.

4. He should not be a criminal or lunatic or a bankrupt.

5. His name should be in the voters’ list.

Tips: -

V. Imp.

A person is not qualified to become a member of Lok Sabha if he or she:

1. is a member of Rajya Sabha or State Legislature.

2. holds any office of profit under any Government in India.

3. has been convicted for a criminal offence.

4. is declared of unsound mind by a competent court.

5. is declared disqualified by or under any law made by the Parliament.

The four main powers of the Speaker of Lok Sabha are given below:

1. The Speaker presides over the meetings of the Lok Sabha.

2. The Speaker has the power to grant permission for the introduction of the bills in the House.

3. The Speaker appoints the chairperson and other members of the select committee.

4. The Speaker is the guardian of the privileges of the members of Lok Sabha.

Tips: -

V. Imp.

Composition of the Rajya Sabha:

1. It is the Upper House of the Parliament. It has a total strength of 250 members.

2. Out of these, 238 members are elected by the State Legislative Assemblies.

3. The rest of the members (12) are nominated by the President. These members are those who have earned fame in the fields of Science, Art, Literature and Social Service.

4. It is a Permanent House. One-third of the members retire after every two years and new ones are elected. Thus, every member has a tenure of six years.

Tips: -

M. Imp.

The members of the Rajya Sabha are elected by the State Legislative Assemblies.

Qualifications for the members of the Rajya Sabha:

1. The person must be a citizen of India.

2. He should not be less than 30 years of age.

3. He should not hold any office of profit under the Government.

4. He should not be a criminal or lunatic or insolvent.

5. He should possess such other qualifications as may be determined by the Parliament.

Proposal for making a law on any subject is called a Bill. Bills are of two types — Ordinary Bill and Money Bill. Ordinary Bill is that which is concerned with making of laws on matters other than money matters. The Ordinary Bills are of two types — Government Bill and Private Member’s Bill. A Government Bill is that which is introduced by a minister. A Bill which is introduced by a Member of Parliament other than a minister is a Private Member’s Bill.

The resolutions which are introduced in the Parliament for the purpose of making laws or changing old laws or amending the Constitution are all called Bills. When a Bill is passed by both Houses and it receives the assent of the President it becomes a Law.

The Bills are of two types (i) Ordinary Bill, (ii) Money Bill. The Ordinary Bill is that which is concerned with the general working of the country. The Money Bill is that which is concerned with the money matters.

Tips: -

M. Imp.

Amending Power of Parliament:

The Parliament can amend the Constitution in three ways:

(i) By special majority in both the Houses of Parliament.

(iii) By special (2/3rd) majority of both the Houses of Parliament and the consent of more than half of the total states (at least 15 at this time because total states are 28) assemblies.

(iii) The third way to amend the Constitution is by passing the Bill by simple majority in both the Houses of Parliament.

Tips: -

Imp.

The members ofthe Parliament possess some privileges which are as follows—

1. A member of the Parliament has full freedom of speech in his House.

2. A member cannot be prosecuted for his speech or behaviour in the House in any law court.

3. No member can be arrested during the session of Parliament except on the basis of an offence of criminal nature and the prior approval of the Speaker or the chairman as the case may be.

Tips: -

V. Imp.

Lok Sabha is more powerful because:

1. The members of Lok Sabha are directly elected while those of Rajya Sabha are indirectly elected.

2. Money Bill cannot be introduced in Rajya Sabha. It originates in the Lok Sabha only. It is sent for recommendation to Rajya Sabha and not for passing. If Rajya Sabha does not return it within 14 days it is assumed to be passed.

3. Lok Sabha controls the executive whereas Rajya Sabha has no effective control over the executive.

Tips: -

Imp.

The Adjournment Motion is introduced by the members of Parliament in Rajya Sabha or in the Lok Sabha or in both the Houses as the case may be. The objective of introducing the adjournment motion is to invite the attention of the members towards the serious problem or even by suspending the routine work of the house. The Council of Ministers mostly opposes the introduction of this type of resolution. Because it can expose the policies of the government. Moreover, the opposition also gets the chance to criticise the government.

The Indian Constitution has the provision for a legislature in each state of India. The state legislature consists of Governor and one or two Houses of Legislature, these are (i) Legislative Assembly, (ii) Legislative Council. But in most of the states of India there is one House of Legislature i.e. Legislative Assembly. Only seven states (U.P., Kamataka, J&K, Maharashtra, Bihar, Andhra Pradesh, Telangana) are having Bicameral Legislatures. The State Legislature performs many functions but its main function is to make laws for the state.

Formation of the Legislative Assembly:

1. The members of the Legislative Assembly are elected by the people of the concerned States.

2. Every State is divided into constituencies on the basis of population.

3. Every constituency elects only one member.

4. Only such persons can take part in the elections who are 18 years old or above and have their names enlisted in the voters’ list.

5. Votes are exercised secretly.

Tips: -

V. Imp.

Powers of the Legislative Assembly:

1. It can make laws on the subjects included in the State List and the Concurrent List.

2. The Money Bills are moved in the Legislative Assembly only.

3. The Legislative Assembly has full control over the executive of the State.

4. The members of the Legislative Assembly take part in the election of the President.

1. The Council of Ministers in the State is responsible to the Legislative Assembly for its functions. If the Legislative Assembly passes a no-confidence motion against the Council of Ministers, it has to resign instantly.

2. If a Money Bill is rejected by the Legislative Assembly, the Council of Ministers has to resign.
In this way the Legislative Assembly exercises full control over the Council of Ministers in a state.

Tips: -

V. Imp.

Relation between the Governor and the Legislative Assembly.

1. It is the Governor who calls the sessions of the Legislative Assembly. Again it is he who suspends it and ends the sessions.

2. The Governor can dissolve the Legislative Assembly and arrange for new elections.

3. The Governor addresses the Legislature and also he can send his message to it.

4. He signs all the bills passed by the Legislative Assembly. Without his sanction, no bill can become a law.

Tips: -

V. Imp.

Relations between the Council of Ministers and the Legislative Assembly:

1. The Chief Minister, the head of the Council of Ministers, is the leader of the majority party in the Legislative Assembly. Other ministers too are members of the Legislative Assembly.

2. The ministers take part in the meetings of the Legislature, move bills before it, discuss them and express their opinions.

3. No bill can be moved in the Legislature against the will of the Council of Ministers.

4. The sessions of the Legislature are called after the will of the Council of Ministers.

The Legislative Assembly plays a very important role in the administration of the state. It has almost all the legislative powers of the State. The Legislative Council can delay an ordinary bill not more than for 4 months and a money bill not more than 14 days. No law can be passed against the will of the Legislative Assembly. The Council of Ministers is completely under the control of the Legislative Assembly. The Legislative Assembly by passing a vote of no-confidence against the minister can remove it from the office. In brief, the Legislative Assembly enjoys an important position in the State.

(i) We require it for law–making.

(ii) We require it as the centre of all democratic political process.

(iii) It also helps people of the country in holding the representatives accountable.

Tips: -

M. Imp.

Meaning of Bi-Cameralism — Bicameralism or a two-chambered Legislature which is now considered a political refinement, developed in England as a result of an historical accident; in other countries, it has been deliberately adopted. Today in most of the countries of the world there is a Bi-Cameral system of legislature. A few countries started with Uni-Cameral system of legislature but later on they established Bi-Cameral system of legislature. The second chamber has its merits and demerits but the merits outweigh the demerits that is why the Bi-Cameral system of Legislature is getting popular now-a-days. In almost all the big countries like USA., UK, India, Switzerland, Canada, etc. there is a Bi-Cameral system of Legislature.

Tips: -

V. Imp.

The Members of the State Legislative Council are not elected directly by the citizens. They are elected in following ways:

1. One-third of the members are elected by the State Legislative Assembly. These persons are not to be the members of the State Legislative Assembly.

2. One-third of the members are elected by the local bodies namely Corporations, Municipalities, Zila Parishads, Panchayats, etc.

3. One-twelfth of the members are elected by the teachers of not lower than Higher Secondary Schools. Teachers who have three years of standing are entitled to vote in the elections.

4. One-twelfth of the members are elected by the university graduates of at least 3 years of standing.

5. One-sixth of the total members of the Council are nominated by the Governor. These persons have special aptitude and specialization in the fields of literature, fine arts, science and social service.

Tips: -

V. Imp.

In the Bi-Cameral legislature there exists two Houses. One is known as the Lower House and the other is known as the Upper House. For example in India, the Lok Sabha is the Lower House of the Parliament. While the Rajya Sabha is the Upper House of the Parliament.

In most of the countries of the world like India, Canada, England where the Bi-Cameral legislature exists, the Upper House is permanent e.g. the House of Lords in Britain is hereditary. It never ceases to exist. The members to the Senate of Canada are nominated for the whole life. The one-third members of the Upper House i.e. the Rajya Sabha of India retire after every two years and in place of them the new members are elected. So. each member of the Rajya Sabha has the tenure of six years and the Rajya Sabha never dissolves.

Two arguments in favour of Uni-Cameral legislature are given below:

1. Uniformity in Legislature — The supporters of Uni-Cameralism point out that this system helps to maintain uniformity and unity in the legislature. Laws express the opinion of the people and the people cannot have two opinions on the same subject. Thus, there should be only one chamber to represent the public opinion properly.

2. Saving of time and money — It is argued in favour of Uni-Cameral system that it leads to saving of time and money. The expenditure to be incurred on the payment of salary and allowances of the members of the other house, can be utilised for other useful purposes. When a bill has to be passed only in one house, it saves time.

Tips: -

V. Imp.

As a Chairman of the Rajya Sabha, the Vice-President of India performs the following functions —

1. He presides over the meetings of the Rajya Sabha.

2. He preserves order in the House. If the situation goes out of control he can adjourn or suspend the meeting of the Rajya Sabha.

3. He allows members to speak.

4. He is not allowed to vote. But in case of equality of votes he has a casting vote.

5. He maintains relevancy in debates and no member is allowed to use unparliamentary language.

6. He is the custodian of the dignity of the House and protects the privileges of the members of the Rajya Sabha.

Tips: -

V. Imp.

The Parliament controls the executive in the following ways:

(i) The Prime Minister and the other ministers are taken from the Parliament and after becoming ministers, they remain the members of the Parliament. They participate in the meetings of the Parliament.

(ii) The ministers are responsible to the Parliament for their actions and policies.

(iii) The members of the Parliament can ask the ministers questions regarding the functioning of the administration. The ministers are to give a satisfactory reply to all these questions.

(iv) The members of the Parliament by introducing ‘Adjournment Motion’ can invite the attention of the Government to a serious problem or event.

Tips: -

V. Imp.

Tenures of the Lok Sabha —

Lok Sabha                           Tenures

First Lok Sabha — 13th May 1952 to April 4,1957

Second Lok Sabha — 10th May 1957 to March 31, 1962

Third Lok Sabha — 16th April 1962 to March 3, 1967

Fourth Lok Sabha — 16th March 1967 to Dec. 27, 1970

Fifth Lok Sabha — 19th March 1971 to January 18, 1977

Sixth Lok Sabha — 25th March 1977 to Aug. 22, 1979

Seventh Lok Sabha — Jan. 21, 1980 to Dec. 31, 1984

Eighth Lok Sabha — Jan. 15, 1985 to Nov. 13,1991

Ninth Lok Sabha — Dec. 18, 1989 to March, 1991

Tenth Lok Sabha — July 9, 1991 to May 15, 1996

Eleventh Lok Sabha — May 22, 1996 to Dec. 1997

Twelfth Lok Sabha — March 23, 1998 to April 26, 1999.

Thirteenth Lok Sabha — Oct. 20, 1999 to Feb. 6, 2004.

Fourteenth Lok Sabha — May 2004 to May 2009

Fifteenth Lok Sabha — May 2009 to May 2014.
Sixteen Lok Sabha — May 2014 to Continue

1. Neha said that bicameral legislature does not serve any purpose. But it is not true. In a large country like India it is preferred to have two houses of the legislature to give representation to all sections of the society. The second argument in favour of Bicameral legislature is that the monopoly of the first chamber can be checked.

2. Shama argued that experts should be nominated in the second chamber. In our country the President can nominate 12 members in Rajya Sabha. These nominations are made from among those persons who have the specialisation in the fields of literature, art, social services, science, etc. The selected members of the different fields are experienced and they posses intellectual depth.

3. 'Tridib’ arguments may not be valid. Even if a country is not a federation, a need for the second chamber is there. The two houses of the national legislature are required to give representations to all the sections of the society and to give representation to all geographical regions of parts of the country. A bicameral legislature ensures double check on every bill and every policy matter, thus realizing the exact purpose of the legislative organ of the government.

Under the Constitution, the Rajya Sabha has been vested with two special powers.

1. Under article 249, the Rajya Sabha may declare the resolution, passed by two-third majority of its members present and voting, that is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List.

2. (i) Rajya-Sabha is competent to create one or more All India Services if it passes a resolution by two-third majority.

(ii) Rajya-Sabha alone can initiate the proposal for removing the Vice-President.

Alok’s thinking is completely ignorant. Executive and legislature have quite two different domains of operation. The executive runs the administration of the country while legislature is concerned with the formation of laws and to check the executions of the executive and judiciary. If we simply elect our Prime Minister and minister and leave to them the task of government, it will give rise to dictatorship. The legislature helps people in holding the Council of Ministers accountable. Without the legislature, a true representative democracy cannot be materialised. Legislature is the most important organ of all the organs of government. Without the fetters of the legislature there would be all likelihood that the Council of Ministers would become unresponsive to the people’s hopes and aspirations.

Election of the Speaker: The Lok Sabha has a Speaker who presides over the sessions and conducts its proceedings. He is one of the members of the Lok Sabha. The Lok Sabha elects him in its first sitting. The man who gets the majority is elected as the Speaker of Lok Sabha. He has to conduct the business of the House impartially.

Powers of the Speaker —

1. To preside over the meeting of the Lok Sabha.

2. To grant permission for the introduction of the bills in the House.

3. To appoint the chair-person and other members of the select committees.

4. To protect the privileges of the members of the Lok Sabha.

5. To maintain discipline in the House.

6. To determine whether a bill is a money bill or not.

Tips: -

M. Imp.

We know that the Lower House of the Parliament i.e. the Lok Sabha has more power to control the executive but rather than effective control of the executive, the Lok Sabha is a platform for the expression of popular sentiments and people’s expectations.

The Parliament has the power to make laws regarding the subjects given in the Union List and it is also empowered to pass laws concerning the subjects given in the Concurrent List.

The members of the Lok Sabha express their views on the bill when it is discussed in the lower house. They express the popular sentiments and the expectations of the people of their constituencies. The supporters of the bill argue in its favour while those who are opposed to the bill, point out the defects of the bill before the House and recommend for its modification and rejection. There is a clause by clause discussion on the bill. The money bills have to be introduced in the Lok Sabha and not in the Rajya Sabha.

There are the following limitations on the powers of State Legislature:

1. The bills, which seek to impose restrictions on the freedom of inter-state trade, cannot be moved in the State Legislature without the prior approval of the President.

2. The bills relating to the acquisition of private property for public purpose, after having been passed by the State Legislature, must be referred by the Governor to the President for his final approval.

3. If the Rajya Sabha passes a resolution by 2/3 majority of the members present and voting that a certain subject given in the State List has assumed national importance and, therefore, the Parliament should legislate on it, the State Legislature will not legislate on that subject.

4. Parliament can legislate on state subjects if that becomes necessary to fulfil any international treaty obligation.

5. When a proclamation of emergency is in operation, the Union Parliament is empowered to legislate with respect to any subject given in the State List.

6. State Legislature cannot initiate any amendment in the Constitution. A major portion of the Constitution can be amended by the Parliament itself; it does not require the approval of the States.

7. Parliament can make laws for a particular State on the State List when that State is placed under President’s Rule.

In the light of above question, we can say that in a parliamentary form of government it is necessary to get the government bills passed. Otherwise the government will collapse. Because the executive is accountable to the Lower House if a bill introduced by the minister does not succeed to be passed in Lok Sabha that means the party or the coalition of parties in power has lost the majority in the Lok Sabha and hence the government has to resign. To avoid this condition the majority party on combine has to often get the government bills passed. But it doesn’t mean that there is not any role of the Parliament in the law-making process.

A bill is introduced in either house of Parliament in case of non-money bill and the money bills are introduced in the Lok Sabha only. There can be different types of bills. When a non-minister proposes a bill, it is called private member’s bill. A bill proposed by the minister is called government bill. Even before a bill is introduced in the Parliament, there may be a lot of debate on the need for introducing such a bill. If the members of the majority party or coalition of the parties see that the particular bill does not fulfil the needs of the people they can pressurise the government to withdraw the same bill but if the bill is in the interest of the people, the political party may pressurise the government to initiate the bill. The bill has to go through different stages.

A lot of discussion takes place in the committees. The recommendations are sent to the House. In the third and final stage, the bill is voted upon. After passing the bill it is sent to the other House and it goes to the same procedure. The money bill can not be denied by the Rajya Sabha. It can delay it for 14 days only. After 14 days the money bill is deemed to have been passed. The ordinary bill has to be passed by both the Houses. If there is a tussle between the two Houses, an attempt is made to resolve it through a joint session of Parliament. But at all stages, the members of the Parliament take part in the discussions. And thus the role of the Parliament is most important in the law-making process.

1. Parliament should work for longer period — For the realization of a true representative democracy. The parliament has to effectively control the executive and ensure a more responsive government. For this purpose, it is important that there should be an adequate time at the disposal of the House. Moreover, the Houses of the Parliament have been plagued by absence of quorum, boycott of sessions by the oppostion, thus wasting the time available to the Houses. Many important bills are held pending for longer periods. Most of the grants in the budget are guillotonized. Hence the Parliament should work for longer period to control the executive through debates, discussion and censures.

2. Attendance should be made compulsory for members of the Parliament — Now a days, it is found that our Parliamentarians are frequently absent from the processing of the Houses. Due to lack of quorum, the presiding officers have to suspend the business of the houses. Many bills are delayed for longer periods. This is a gross injustice to the people who have elected them and the regions whom they represent in view of all these, there is an urgent need in view of all these, there is an urgent need for making the attendence compulsory.

3. Speaker should be empowered to penalize members for interrupting the proceedings of the House — It is through debates that House of Parliament performs all its vital functions. These discussions should be meaningful and orderly so that the functions are carried out, smoothly, its dignity remains intact and the precious time of the House is not worked. The constitution of India itself, has made certain provisions to ensure the smooth conduct of the each of the house.

In the Lok Sabha, the speaker is the presiding officer who is the final authority in matters of regulating the business of the House. These days we find some of the members, creating noisy uproars and disturbing the proceeding of the House. Sometimes their behaviour become so discomforting that the speaker is compelled to adjourn the House. The precious time of the House, which may have been utilized in constructive debates, is lost. It is high time that the Speaker is empowered to penalize members for interrupting the proceedings of the House.

1. When a legislator joins any other party leaving his own party this act is called defection. The anti-defection amendment has not been able to curb defections. It has given additional powers to the party leadership and the presiding officers of the legislatures over the members. The presiding officer of a House is the authority who takes a final decision on the defection. Such a person is disqualified and he loses his membership of the House. He is also disqualified from holding any political office.

2. In all the three statements I most agree with the second statement, because the party leaders issue the party-whip that if a member remains absent in the House on a particular day or if he votes against the instructions of the party then his membership of the party would be terminated. Such type of Anti-defection law has empowered the leaders of the party and the presiding officers. Thus the Anti-defection law has contributed to the domination of the party leaders over the legislators. If a legislator is free to join any party he wants, then it will be against the will of the voters who have elected them.

3. According to the third option, defection is always for selfish purposes and therefore a legislator who wants to join another party must be disqualified from being a minister for the next two years. This punishment would not be enough because his membership of the House would not be lost. Hence the second statement is the most suitable to be agreed upon.

When we watch the live telecast of the proceedings of the Parliament, we find that the members of the Parliament of different parties often fight bitterly. Many a time an impression is created that they are wasting time and money of the nation. But the Parliament is a debating forum. It is through debates that the Parliament performs all its important functions. These discussions must be meaningful and in a peaceful manner. Due to the negligence of some of its members, the efficiency and effectiveness of the Parliament is decreasing in recent times. Some of the members do not fulfil their duty honestly and due to their partisan behaviour they create uproars in the House.

According to the Dolly’s view it is the evidence of decline of the Indian Parliament because less time is spent in discussions and there is an increase in the disturbances of the functioning of the House, they use sometimes unparliamentary methods also to disturb the functioning of the House. But most of the members use their right properly in the House. They take part in the debate in the House honestly and the function of the House are carried out smoothly and its dignity is maintained.

It is an era of coalition governments. These days, the members of Parliament should behave properly and honestly. They have to restrain own party members if they do the activities which create disturbances in the smooth functioning of the Parliament. The presiding officers should also take effective action with regard to the misbehaving members in the House. All political parties should educate the members belonging to them above the need for a restrained and constructive behaviour in the Houses. In a parliamentary democracy, Legislature, as a body representing the wishes of the people occupies a high position of power and responsibility. Herein lies the democratic potential of the Parliament.

Correct sequence of passing a Bill:

1. Legislative department in ministry of law drafts a bill.

2. The concerned minister proposes the need for a bill.

3. A resolution is passed to admit the bill for discussion.

4. The bill is referred to the subcommittee – the committee makes some changes and sends it back to the house for discussion.

5. The bill is read clause by clause and each is voted upon.

6. The bill is passed in the house in which it was proposed.

7. The bill is referred to other house and is passed.

8. The bill is referred to the President of India. The assent of the President results in the enactment of a bill into a law. But if the President does not sign it, he can withhold or refuse to give assent to the bill (other than Money Bill) passed by the Parliament.

The President can send the bill back to the Parliament asking it to reconsider the bill. But in case the Parliament passes it again then the President has to give his/her assent to that bill. But there is no limit of time to send the bill back to Parliament for reconsideration. And the President can just keep the bill pending with him without any time constraint.

Since the Parliament meets only during sessions, it has very limited time at its disposal. But to make laws it is necessary to consider a bill in depth and therefore more attention and time should be given. It is done by the Parliamentary committees. Since 1983, India has developed a system of Parliamentary Standing Committees. There are over twenty such departmentally related committees. Joint Parliamentary Committees are also doing the eminent work for the purpose of discussing a particular bill. Business advisory committee, committee on private member’s bills, select committee, the estimates committee, the public accounts committee and committees on privileges, rules committee and some other committees exist in the Parliament.

The committee system has reduced the burden on the Parliament. Many important bills have been referred to committees and there, a large part of the discussion takes place. Amendments to the bill can also be proposed at this stage. The committees try to gather full information regarding that bill and can ask any member to appear before it.

The recommendation of the committee is sent to the House. After that, on the basis of the report submitted by the committee, general discussion on the bill takes place in the House. The supporters of the bill give arguments in its favour while those, who are opposed to the bill point out the defects of the bill before the House and recommend its modification of rejection. The Parliament has merely approved the work done in the committees with few occasional alterations. The Parliament is the supreme law making body. Of course legally speaking, no bill can become law and no budget will be sanctioned unless approved by the Parliament. But the Parliament rarely rejects the suggestions made by the committees.

Procedure of Passing an Ordinary Bill in the Indian Parliament:

An Ordinary or Non-Money Bill deals with general welfare of the community. An Ordinary Bill can originate in either House. An ordinary bill may be introduced either by a minister or by a private member. In the former case it is known as a Government Bill and in the latter case it is known as a Private Member’s Bill. A Government Bill and Private Member’s Bill undergo an identical procedure. Every bill has to pass through the following stages:

1. Introduction of the bill and its first reading: This stage covers introduction of the bill and its publication in the gazette of India. A request for introduction along with the statement of objects and reasons is sent to the presiding officer. If a private member desires to introduce a bill, he must give notice of his intention to the presiding officer. Every bill introduced in the House has to be published in the gazette. On the appointed date, the ministers or member-in-charge of the bill moves the motion for permission to introduce the bill and read out the title. At this stage generally no debate takes place and the presiding officer puts bill to vote. The House grants leave by voice vote. Sometimes there is opposition to the introduction of the bill. In this case the presiding officer may ask the member-in charge to make brief explanatory statement in-favour of the bill. After the permission of the Speaker/Chairman, the bill is published in the Government Gazette as the first stage in the passage of the bill.

2. Second Reading: After the consideration of the bill, the date for its second reading is fixed by the House. On the fixed date, mover of the bill may propose any of the following alternatives:

(i) The bill may be referred to a Select Committee of the House.

(ii ) The bill may be taken up for consideration.

(iii) The bill may be circulated for the purpose of eliciting public opinion.

In this stage, only the main principles involved in that bill are discussed; detailed discussion on the bill is not held.

3. Committee Stage: After the second reading, the bills is sent to the committee for its consideration. The House appoints a Select Committee to consider the bill. It consists of the mover of the bill and a few other members. If the Deputy Speaker is a member of the committee, he automatically become its Chairman. Since the membership of the committee is small — it varies from 20 to 30 members and its members are experts in the field, the bill is thoroughly and minutely examined in the committee.

Amendments to the bill can also be proposed at this stage. The committee tries to gather full information regarding that bill and can ask any member to appear before it.

4. Report Stage: It is necessary for the committee to submit its report within three months or any other time fixed by the house for the purpose. The Chairman or any other member authorised by the committee submits the report on the appointment date. The reports is published and its copies are distributed among the members of the House. After that, on the basis of the report submitted by the committee, general discussion on the bill takes place in the House. The supporters of the bill give arguments in its favour while those, who are opposed to the bill, point out the defects of the bill before the House and recommend its rejection. There is a clause-by-clause discussion on the bill. After the discussion, voting takes place. If the majority votes in favour of the bill it is passed in the report stage otherwise it is rejected.

5. Third Reading: It is the last stage in the passage of the bill by a House. At this stage, no substantial changes in the bill are made and only amendments to remove some ambiguities of language are allowed. Then the bill is put to vote. If it is passed by majority of members present and voting, it is so declared by the Speaker or the Chairman, as the case may be. He then certifies that the bill has been passed in the House and then it is sent to the other House.

6. The bill in the other House: After a bill is passed in one House, it is sent to the other House. Here also the bill again goes through all the stages which it has undergone in the first House. If the bill is passed in the other House, it is sent to the President for his signature. After President’s assent, the Bill becomes an Act or Law.

Tips: -

M. Imp.

Election of the Speaker of Legislature Assembly: The members of the newly elected Legislative Assembly elect the Speaker from amongst themselves. The Speaker is the most important person of the Assembly. He presides over the meetings of the Assembly and is responsible for conducting the business of the House smoothly.

Term of Office: The term of office of the Speaker is connected with the tenure of the Legislative Assembly. Even if the Legislative Assembly is dissolved, the Speaker remains in his office till the first meeting of the Legislative Assembly. He may resign if he so desires.

Removal of the Speaker: The Speaker may be removed by the Legislative Assembly by absolute majority. Such a resolution will require at least 14 days, notice. When such a motion against the Speaker is under consideration in the House, he will preside over it.

Powers and Functions of the Speaker of Legislative Assembly:

1. The Speaker presides over the House and conducts its proceedings.

2. He safeguards the privileges of the members and the House.

3. The motions are admitted by him for discussion.

4. He maintains discipline in the House.

5. He may punish the members for breach of discipline. He may expel them from the House and may even suspend them for sometime.

6. Topics are put by him before the House for discussion.

7. He asks the members to vote as and when necessary and announces the results.

8. He has the right of casting a vote in case of a tie.

9. He is authorized to certify Money Bills.

10. He sends the bills forward i.e., to the Governor or to the Legislative Council as the need be, after being passed by the House.

Position of the Speaker: The office of the Speaker is one of honour, dignity and authority. He presides over the House which is the pivot of all political activities. He symbolizes the House and its authority. In the end we can say that the Speaker is the most important person in the State Legislative Assembly and his office is one of dignity, honour and authority.

Tips: -

V. Imp.

In India there are 28 states. Every state has the right or option of retaining one house of the Legislature i.e. the Legislative Assembly (Vidhan Sabha) or the two houses i.e., the Legislative Assembly as well as the Legislative Council (Vidhan Parishad). The Legislative Council is the Upper House of the State Legislature.

Composition of the Upper House (Legislative Council):

Election: The members of the Legislative Council are not elected directly by the voters. They are elected in the following ways:

1. One-third of the members of the Council are elected by the State Legislative Assembly. These persons are not to be the members of the House.

2. One-third of the members are elected by the local bodies namely Corporations, Municipalities, Zila Parishads, Panchayats, etc.

3. One-twelfth of the members of the Council are elected by the teachers of not lower than Higher Secondary School. Teachers who have three years of standing are entitled to vote in the elections.

4. One-twelfth of the members are elected by the university graduates of at least 3 years of standing.

5. One-sixth of the total members of the Council are nominated by the Governor. These persons have special aptitude and specialization in literature, fine arts, science and social service.

Term of Office: The Legislative Council is a permanent body. Its one-third members retire by rotation after every 2 years but these persons can be re-elected. Each member of the Council remains in office for 6 years.

Powers and Functions of the Legislative Council:

1. Legislative Powers: Any non-Money Bill which can be introduced in the Legislative Assembly can also be introduced in the Legislative Council. Any Ordinary Bill on the subjects mentioned in the State List and Concurrent List can be introduced in the Legislative Council. After the Bill is passed by the Legislative Council it is sent to the Government for his assent unless it is passed by the Legislative Assembly. The Legislative Council can delay a non-Money bill for 4 months.

2. Financial Powers: In financial matters, the Legislative Council does not enjoy much powers. Money Bills cannot be introduced in this chamber. The Money Bill can only be introduced in the Legislative Assembly and after it is passed by it, it is sent to the Legislative Council and the Council can delay it only for 14 days. It may reject the bill or may not take any action over it for 14 days and in both the cases the bill is considered as passed by both the Houses.

3. Control over the Executive: The Legislative Council does not exercise much control over the executive. Some ministers are of course taken from the Council. Its members can ask questions to the ministers and they are to give satisfactory answers to the questions. The Council can criticise the functioning of the department under the ministers. More than this it does not have any control over the Council of Ministers. The Council of Ministers cannot be removed from office by the Legislative Council.

4. Electoral Functions: The Legislative Council elects its Chairman and Deputy Chairman. The Chairman is responsible for running smoothly the business of the House. In his absence the Deputy Chairman performs his duty. The Legislative Council has no right to take part in the election of the President of India, like the Legislative Assembly.

As regards Money Bills they can originate only in the State Assembly and not in the State Council. After a Money Bill has been passed by the Assembly, it is sent to the Council for its recommendations. The council has to return the Money Bill with its recommendations within 14 days from the date of its receipt. The Assembly may accept or reject all or any of the recommendations of the Council, the Money Bill is deemed to have been passed by both the Houses with the amendments recommended by the Council and accepted by the Assembly.

If the Assembly does not accept any recommendation of the Council, the Money Bill is deemed to have been passed by both the Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Council. If the Money Bill sent to the Council by the Assembly is not returned within 14 days as required, it is deemed to have been passed by both the Houses at the expiration of the said period in the form in which it was passed by the Assembly.

The bill other than money bill may be introduced in either House of the State Legislature. If the bill is introduced in Legislative Council, it is presented to the Legislative Assembly after it has been passed in the Council and vice-verca. If the other House also passes the bill, it becomes an act after receiving the assent of the Governor. If a bill having been passed by the Assembly is presented to the Legislative Council and if the Council:

(i) rejects the bill, or

(ii) passes the bill with modifications, or

(iii) does not return the bill after passing it within a period of three months from the date of presentation to it.

The Legislative Assembly again passes such a bill with or without modifications suggested by the Council and sends the bill to the Legislative Council. If the Legislative Council passes the bill presented to it for the second time, it becomes an Act after receiving the assent of the Governor.

If the Legislative Council again,

(i) rejects the bill or, (ii) passes with modifications, (iii) does not pass the bill within a period of one month from the date of presentation of the bill to it second time. The bill shall be deemed to have been passed by both the Houses in the manner it was passed second time by the Assembly.

Relations between the Two Houses of India Parliament:

1. Ordinary Bills: Ordinary Bills can originate in the either House of Parliament. Unless passed by both the Houses they cannot be sent to the President for his assent. A bill passed by one House is sent to the other House. If the other House passes the Bill in the form in which it was passed by the originating House, it is sent to the President for his assent. The other House may propose amendments in the Bill or may even reject the Bill.

In the situation when the two Houses do not agree on the proposed amendments or if the two Houses finally disagree on the bill, the President, under Article 108 of the Constitution, is empowered to call a joint session of the two Houses. If at the joint meeting of the two Houses the Bill is passed by a majority of the total number of members of both the Houses present and voting, it shall be deemed to have been passed by both the Houses. At the joint sitting of the two Houses, the voice of the Lok Sabha should prevail because of its numerical strength.

2. Financial Powers: Money Bills and Budget can originate in the Lok Sabha only. The Rajya Sabha is the receiving end. When a Money Bill is passed by the Lok Sabha it is sent to the Rajya Sabha. The Rajya Sabha, has the right to propose amendments in the Money Bill. It must return the Bill to the Lok Sabha, with or without amendments within 14 days, but Lok Sabha may or may not agree to these recommendations. If the Rajya Sabha does not return the Money Bill within 14 days from the date of the receipt of the Bill, the same shall be considered to have been passed by both the Houses of Parliament in the same form in which it was passed by the Lok Sabha. All these provisions clearly prove that the hold of the Lok Sabha over the finance of the country is absolute. It should be noted that in case of disagreement over Money Bill, there cannot be a joint sitting of the two Houses.

3. Control over the Executive: In India, Parliamentary system of Government has been established. The essence of this form of Government is that the executive is responsible to the Legislature for its actions and policies. In practice it is answerable to the Popular House. Thus, according to the Constitution of India, the Council of Ministers has been made collectively responsible to the Lok Sabha. No doubt, the Rajya Sabha can exert its influence on the Government in a number of ways and it may even put the Government in an awkward position, but it cannot remove the Government from the office. This power belongs to the Lok Sabha only. This power of the Lok Sabha is exclusive and not concurrent.

The Government must enjoy the confidence of the Lok Sabha or else resign. The Lok Sabha can experience the lack of confidence in a number of ways, for example, by rejecting a Government Bill, a Money Bill or by passing a no-confidence resolution. Thus, the Government must either be in tune with the Lok Sabha or face expulsion.

Conclusion: The Lok Sabha is more powerful than the Rajya Sabha in India. For example, the Ordinary Bill can be introduced in any House of Parliament but if there is a deadlock about some Bill then the President can call the joint meeting of the two Houses. At the joint sitting the voice of the Lok Sabha should prevail because of its numerical strength. The Lok Sabha is more powerful than Rajya Sabha in Financial matters also, as the Money Bill can be presented only in the Lok Sabha. Moreover, if the Rajya Sabha does not pass the Bill within 14 days from the date of its receipt the same shall be considered to have been passed by both the Houses of the Parliament.

Tips: -

M. Imp.

The framers of the Constitution were fully conscious that the Constitution should not be very flexible, because, in that case, the Constitution will be a play thing in the hands of any government in the future. So they did not want to adopt the flexibility of the British Constitution. They followed the middle course. Indian Constitution is not very rigid in so far as the essential amendment of the Constitution are concerned. But at the same time it is not very flexible or simple in so far unnecessary amendments were concerned.

Procedure for the Amendment of the Indian Constitution:

1. Amendment by simple majority: The Indian Parliament has the power to amend some of the provisions of the Constitution by its own initiative or by the initiatives of some of the Legislative Assemblies of the States. Amendment in the following cases can be made by simple majority in the Parliament:

(a) Matter related to Article 3 of the Constitution whereby a new State is formed or change in the name of boundary of the State is proposed. These matters can be carried out by simple majority of both the Houses of Parliament. But such a legislation will be put before the Parliament only on the desire of the President who will consult the related states on the amendment before putting such a legislation before the Parliament. The State Reorganisation Act of 1956 was carried out by means of this Article. Afterwards many new States were formed or the name boundaries of old States were changed.

(b) Matter related to Article 169 on the formation or abolition of the second chamber or the Legislative Council of states can be decided by simple majority by the Parliament after fulfilling certain formalities.

(c) Amendment on matters related to Article 240 on the good administration of the centrally administered territories can be made by simple majority.

2. Amendment by a special majority in the Parliament: The process of amending the Constitution is given in Article 368. The article or subjects which are not given in this Article, can be amended by the Parliament alone with a special majority. The Bill for such an amendment may be introduced in any of the two Houses. If both the Houses pass it with absolute majority or 2/3 majority of the members present and voting, it will be sent to the President. The Constitution will stand amended on that point, when the Bill is signed by the President. All the subjects which are not mentioned in the first list of the amendment and as well as the third list of the amendment can be amended through this procedure.

3. Amendment by a special majority in Parliament alongwith the consent of the States: If an amendment is concerned with the article and the subjects given in Article 368, it must be approved by one-fourths of the State Assemblies after being passed by both the Houses with absolute majority or 2/3 majority of the members present and voting. The amendment will come into force after being signed by the President. The subjects given in Article 368 are as follows:

(a) Election of the President,

(b) Removal of the President,

(c) Extent of the executive power of the Union,

(d) Extent of executive power of the States,

(e) High Court for Union Territories,

(f) Union Judiciary,

(g) The High Courts in the states,

(h) Legislative relations between the Centre and States,

(i) Lists of the VII Schedule,

(j)The representation of States in Parliament, and

(k) Article 368 itself.

Tips: -

M. Imp.

The procedure of law making in the State Legislature is the following:

1. Introduction of the Bill: An Ordinary Bill can be introduced in either House of Legislature. It can also be introduced by a private member of the Legislature. The Money Bill can only be introduced in the Legislature Assembly by the Ministers. A private member is to give a month’s notice for the introduction of the Bill and for this purpose a day is fixed in the programme of House. On the fixed date mover of the Bill asks for the permission of the House to move the bill which is only a formality. After getting the permission of the Bill and the Bill published in the Government Gazette. The Ministers are not bound to give a notice for the introduction of the Bill and they can get the Bill published in the Gazette in no time.

2. First Reading: Sometimes there is a first reading of the Bill just after the introduction stage. Sometimes another date is fixed for the first reading of the Bill. On the fixed date the mover of the Bill stands up at his seat and requests that the Bill be read for first time. On getting the permission of the House he explains the main principles and objects of the bill. After this other members of the House express their opinions in favour or against the Bill. The Bill at this stage is not debated. Then the mover of the Bill puts a resolution that the Bill be sent to a Select Committee. If this request of the mover of the Bill is not opposed to, the Bill is sent to the Select Committee, if it is opposed to it, it is sent to press for eliciting public opinion. It can also be put to vote and if the majority of the members is against the Bill, it is rejected.

3. Select Committee: The Bill is sent to the Select Committee if it is rejected at the first reading. The Committee consist of nearly 20 members which are taken from among the members of the House. The Bill which is published for eliciting public opinion is also sent to the Select Committee, the Select Committee discusses the Bill in detail and debates the merits and demerits of the Bill. The Committee can suggest amendments in the provisions and clauses of the Bill. After discussing the Bill thoroughly the Committee prepares its report in favour or against the Bill or suggests some amendments in the Bill. While preparing the report the Committee takes into consideration public opinion also. Then the Committee sends its report to the House.

4. Second Reading: The report of the Select Committee is discussed on a fixed date. The mover of the Bill on the fixed date requests the House that the report of the Select Committee may be discussed. The Bill is discussed in detail in the House. The views of the Select Committee on all clauses are discussed. Amendments in the Bill can be suggested by the Select Committee. After the Bill is thoroughly discussed, the opinion of the House is sought on each clause amendment or proposals are also put to vote. The Bill is passed according to the view point of the majority of the members.

5. Third Reading: A day is fixed for the third reading of the Bill. Only verbal suggestions can be made in the third reading. The proposals for change in the wording of the Bill can be given. The entire Bill is put to vote at this stage and it is either rejected or passed. The entire Bill passed in the third reading means that the Bill has been passed by one House.

Bill in the Second House: Where there is no upper chamber in a State, the Bill is passed by the Legislative Assembly and is sent to the Governor for his assent. Money Bill can only be introduced in the Legislative Assembly and after it is passed by the Assembly it is sent to the Legislative Council. The Legislative Council may reject a Money Bill or make such certain amendments which may not be acceptable to the House or may delay its passage for 14 days without taking any action against it. In all these situations the Bill is considered passed by the Legislative Council.

If Non-Money Bill is introduced and passed in the Legislative Council, it is sent to the Legislative Assembly. It cannot become a law unless it is passed by the Legislative Assembly. But a Bill which is passed by the Legislative Assembly cannot be completely rejected by the Legislative Council. The Legislative Council may reject the Bill or may suggest some amendments which may not be acceptable to the Legislative Assembly as may not take any action over it for 3 months. In all these cases that Legislative Assembly can pass the Bill for the second time. After the Bill is passed for the second time by the Legislative Assembly it is sent to the Council. Legislative Council may reject the Bill, may suggest certain amendments which may not be acceptable to the Legislative Assembly, or may not take any action over it within one month. In all these cases it is considered passed by the Legislative Council and is sent to the Governor for his assent.

The Bill is to pass through all the stages in the second chamber through which it has passed in the first chamber.

Assent of Governor: After the Bill is passed by both the Houses it is sent to Governor for his assent. He cannot refuse to give his assent to the Money Bill. In case of an Ordinary Bill he give his assent, or he may reserve it for the consideration of the President or he may reject it. If the Governor feels that the public opinion is against the Bill. He can use the veto power. If the Legislature passes the Bill for second time, the Governor is bound to give his assent to it.

Composition of Parliament of India:

1. Rajya Sabha: Rajya Sabha is the Upper Chamber of the Parliament. It can have at the most 250 members in it. The President of India nominates 12 members. These are the persons who have distinguished themselves in the field of art, commerce, science and social service. Rest of the members are elected by the members of State Legislatures. At present is consists of 245 (233 + 12) members in all. 1/3 of its members retire after every two years and other members are elected to fill up the vacancies. Each member remains in office for a period of 6 years.

2. Lok Sabha: Lok Sabha is the lower chamber of the Parliament. It can have at the most 545 elected members. 525 members can be directly elected by the voters from different States and 20 members can be elected from Union Territories. The members will be elected according to the laws framed by the Union Parliament. The President can nominate two members of the Anglo-Indian community if he feels that in the Lok Sabha this community has not got adequate representation. The present Lok Sabha has 543 elected members. The members of the Lok Sabha are elected for a period of 5 years. The President of India can dissolve the Lok Sabha before the expiry of its term and can order fresh elections. The Members of the Lok Sabha elect one Speaker and one Deputy Speaker from amongst its members.

Relations between the Two Houses of Parliament:

1. Ordinary Bills: Ordinary Bill can originate in either House of Parliament. Unless passed by both the Houses they cannot be sent to the President for his assent. A Bill passed by one House is sent to the other House. If the other House passes the Bill in the form in which it was passed by the originating House, it is sent to the President for his assent. The other House may propose amendments in the Bill or may even reject the Bill. Thus, if the two Houses do not agree on the proposed amendments or if the two Houses finally disagree on the Bill, the President, under Article 108 of the Constitution is empowered to call a joint meeting of the two Houses. In case the receiving House takes no action on the Bill for six months from the date of its receipt in that case also the President may summon a joint meeting of both the Houses if the Bill has lapsed because of the dissolution of the Lok Sabha. Even if the President has already issued a notification for joint sitting and even if the date, time and place of the meeting has been announced and summons issued, the meeting shall have to be cancelled because no joint sitting can be held for deliberating and voting on a Bill which has already lapsed. When the President has notified his intention to summon the two Houses to meet in a joint sitting, neither House can proceed with the Bill. If at the joint meeting of the two Houses the Bill is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed to have been passed by both the Houses. At the joint sitting of the two House, the voice of the Lok Sabha should prevail because of its numerical strength.

2. Financial Powers: Money Bills and Budget can originate in the Lok Sabha only. The Rajya Sabha is the receiving end. When a Money Bill is passed by the Lok Sabha it is sent to Rajya Sabha for its recommendations. The Rajya Sabha, has the right to propose amendments in the Money Bill. It must return the Bill to the Lok Sabha, with or without amendments within 14 days, but Lok Sabha may or may not agree to those recommendations. If the Rajya Sabha does not return the Money Bill within 14 days from the date of the receipt of the Bill, the same shall be considered to have been passed by both the Houses of Parliament in the same form in which it was passed by the Lok Sabha. All these provisions clearly prove that the hold of the Lok Sabha over the finance of the country is complete and absolute. It should be noted that in case of disagreement over Money Bill, there cannot be a joint sitting of the two Houses. The Senate of Australia possesses the power to reject even a Money Bill. The House of Lords of England can delay a Money Bill for a month. The Upper House of Japan can also delay the passage of a money bill for 30 days. In matters of finance the powers of the Rajya Sabha are insignificant.

3. Control over the Executive: In India, Parliamentary system of Government has been established. The essence of this form of Government is that the executive is responsible to the Legislature for its actions and policies. In practice it is answerable to the Popular House. Thus, according to the Constitution of India, the Council of Ministers has been made collectively responsible to the Lok Sabha. No doubt, the Rajya Sabha can exert its influence on the Government in a number of ways and it may even put the Government in an awkward position, but it cannot remove the Government from office. This power belongs to the Lok Sabha only. This power of the Lok Sabha is exclusive and not concurrent. The Government must enjoy the confidence of the Lok Sabha or else resign. The Lok Sabha can express its lack of confidence in a number of ways, for example by rejecting a Government Bill, a Money Bill or by passing a no confidence resolution. Thus, the Government must either be in tune with the Lok Sabha or face expulsion. One point may be noted here. The Council of Ministers is collectively responsible to the Lok Sabha. The Constitution does not speak of individual responsibility. Moreover, it is not clear that when the Lok Sabha stands dissolved, before whom the Council of Minister is responsible then? After the dissolution of the Lok Sabha in December, 1970, the continuance of Indira Government was challenged in the Supreme Court. The Supreme Court upheld the legality of the continuance of Indira Gandhi Government.

Indian Parliament consists of two Houses. The Rajya Sabha is the Upper House and the Lok Sabha is the Lower House. The composition and powers of the Rajya Sabha are given below:

Composition of Rajya Sabha: According to the Constitution, the maximum strength of the Rajya Sabha has been put at 250 members. Out of 250 members, 12 members are nominated by the President. These members shall consists of persons having special knowledge or practical experience in literature, science, art and social service. The remaining 238 members represent the State and the Union Territories. The representatives of the states are elected by the elected members of their Legislative Assembly in accordance with the system of proportional representation by means of single transferable.

Tenure: Like the Senate of the U.S.A. the Rajya Sabha is a permanent House. It is not subject to dissolution. Members retiring after every two years.

Officials of the Rajya Sabha: The Vice-President of India is the ex-officio Chairman of the Upper House (Rajya Sabha).

The Rajya Sabha elects a Deputy Chairman from among its own members and the presides in the absence of the Chairman or during the period when the Vice-President is discharging the functions of the President.

Powers and Functions of the Rajya Sabha:

1. Legislative Powers: The Rajya Sabha is an integral part of the Indian Parliament. Since the main responsibility of the Parliament is to make laws, hence the Rajya Sabha takes part in the making of laws. Except Money Bills, all Bills can originate in the Rajya Sabha. No Bill can become a law unless agreed to by both the Houses. The Lok Sabha by itself cannot pass a Bill and send it to the President for his assent. In case of disagreement between the two Houses on a Bill or on the amendments made in the Bill, the President has been empowered to summon a joint meeting of the two Houses on a Bill or on the amendments made in the Bill, the President has been empowered to summon a joint meeting of the two Houses for the purpose of deliberating and voting on the Bill. At a joint sitting questions are decided by a majority of the members of both Houses present and voting. A decision taken at a joint sitting shall mean the decision of both Houses. All the time of the joint sitting the Speaker of the Lok Sabha presides. The President can also summon the joint sitting when a Bill passed by one House is not considered by the other House for six months. For the purpose of summoning the joint sitting it does not matter when the Bill was introduced first in the Lok Sabha or the Rajya Sabha.

2. Administrative Powers: The Rajya Sabha does not control the Executive as the Constitution makes the Council of Ministers collectively responsible to the Lok Sabha. But this does not mean that the Rajya Sabha can exert no influence over the Executive. Some of the Ministers are taken from the Rajya Sabha. The members of the Rajya Sabha have the right to ask questions and supplementary questions from the Ministers. They can elicit information about the actions of Government and can move resolutions impressing on the Government the desirability of pursuing a particular line of policy. As said, the Council of Minister can be ousted from office by the Lok Sabha only. The Rajya Sabha can condemn the Government but it cannot kick the Government out of office.

3. Financial Powers: In financial matters, it is the Lok Sabha which enjoys a pre-eminent position. The Rajya Sabha has not been given any substantial power with regard to finance. No Money Bill or Financial Bill can first be introduced in the Rajya Sabha. It is the privilege of the Lok Sabha to pass the Money Bill first and send it to the Rajya Sabha for its recommendations. It should be noted that the Bill is transmitted to the Rajya Sabha for its recommendation and not for its approval. The Rajya Sabha can make amendments in the Money Bill it may ever reject the Money Bill. It has no effect on the Bill. The Lok Sabha is not bound to accept the recommendations made by the Rajya Sabha. In case the Lok Sabha rejects the recommendations of the Rajya Sabha the Bill is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha. Likewise, if the Rajya Sabha does not return the Money Bill to the Lok Sabha within 14 days, it will be considered to have been passed by both Houses in the form in which it was passed by the Lok Sabha. Thus, Lok Sabha possesses complete control over the purse of the nation.

4. Electoral Powers: The elected members of the Rajya Sabha take part in the election of the President. All the members (elected and nominated both) of the Rajya Sabha take part in the election of the Vice President.

5. Powers of amendment in the Constitution: The Rajya Sabha exercises constituent functions alongwith the Lok Sabha. A Bill to amend the Constitution may originate in either House of Parliament. And the Bill amending the Constitution is required to be passed in each House by a majority of its total membership and by a majority of two-thirds of its members present and voting.

6. To declare a subject to the State list of National Importance: Under Article 249 the Rajya Sabha may declare by resolution, passed by two-thirds majority of its members present and voting, that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List.

The Indian Parliament is a Bi-Cameral Legislature. It consists of two houses: 1. Rajya Sabha, 2. Lok Sabha. Rajya Sabha is an Upper House of Parliament and the Lok Sabha is the Lower House of Parliament. The composition, powers and functions of the Lok Sabha are described below :

Composition of the Lok Sabha: Lok Sabha is the Lower House of Parliament. It is a popular House because it represents the nation at large. It is not only popular but a powerful House as well. It is the pivot of all political activities. The members of the Lok Sabha are elected directly by the people. The maximum number of members is fixed by the Constituton itself. Originally its number was fixed at 500. Later, it was raised to 525- 500 to be elected from the States and 25 from the Union Territories. By 31st Amendment is strength was raised to 545 and frozen upto 2001 A.D. Out of 545, 525 are to be elected from the States and 20 from the Union Territories. The President is entitled by 42nd Amendment to readjust the seats between States and Union Territories but he cannot increase the seats beyond 545. The President may, if he feels that the Anglo-Indian Community is not adequately represented, nominate two members to Lok Sabha.

Election of Lok Sabha: The election to the House is conducted on the basis of universal adult franchise system. Every citizen of 18 years of age, irrespective of caste, creed or sex may vote from the constituency in which his name appears in the electoral roll. The election is held through secret ballot. A candidate who scores the highest vote is declared elected. Some of the constituencies are reserved for Scheduled Castes and Scheduled Tribes.

Tenure of Lok Sabha: The life of the Lok Sabha is five years. All the members of this House are elected at one and the same time for a period of five years. However, the President can dissolve the Lok Sabha even before the expiry of its term, i.e. five years. The President also has the power to extend its tenure during Emergency.

Powers and Functions of the Lok Sabha:

1. Legislative Powers: The main function of the Parliament (President, Lok Sabha and Rajya Sabha) is to enact laws for the social and material welfare of the citizens. It can make laws on all subjects given in the Union and Concurrent Lists. Under certain circumstances, it can pass laws on subjects given in the State List. A Non-Money Bill may originate in either House of the Parliament. It must be passed by both the Houses. In case of disagreement between two Houses, the President may summon a joint sitting. Here the Bill must pass with majority of total members of both Houses present and voting. Generally wishes of the Lok Sabha prevail in such cases.

2. Control over the Executive: It is the Lok Sabha which controls the executive. The leader of the minority party in the Lok Sabha is the Prime Minister of the country. Most of the Ministers are also taken from the Lok Sabha. The Cabinet is responsible to the Lok Sabha for all its actions and policies. The members of the Lok Sabha ask the Ministers questions and supplemenatary questions and they are to answer these questions. The members of the Lok Sabha can criticise the functioning of the Cabinet. If the Lok Sabha passes a vote of no-confidence against the Cabinet, the Cabinet will have to resign. The Cabinet remains in office till it is supported by the majority of the members of the House.

3. Financial Powers: It is said that, ‘One who holds the purse, holds the powers.’ This is true in regards to Lok Sabha. The Constitution provides that a Money Bill can only originate in Lok Sabha and cannot be introduced in Rajya Sabha. When it is passed by Lok Sabha, it is sent to Rajya Sabha for its recommendations. Rajya Sabha has to return the Bill with or without recommendations within fourteen days. Lok Sabha may or may not accept the recommendations of Rajya Sabha. The Bill is deemed to have been passed by both the Houses of Parliament in its original form even if Lok Sabha does not accept the recommendations of Rajya Sabha. The Rajya Sabha, can, thus, only delay a Money Bill for a maximum period of fourteen days. The Annual Budget is presented in the Lok Sabha by the Finance Minister. The Lok Sabha has the power to decrease the expenses shown in the Budget. Unless the Budget is passed by the Lok Sabha, the Government gets no right to spend the money.

4. Electoral Powers: The Constitution gives elective functions to the Parliament. Lok Sabha alongwith Rajya Sabha and Legislative Assemblies elects the President. Lok Sabha and Rajya Sabha elect Vice-President of India. The Lok Sabha elects a Speaker and a Deputy Speaker from amongst its members.

5. Judicial Powers: The Lok Sabha can starts impeachment proceedings against the President of India. It investigates into the charges levelled against the Vice-President and gives its decision. It along with the Rajya Sabha passes a resolution of the removal of the judges of the High Courts or the Supreme Court.

6. Power of Amendment in the Constitution: Lok Sabha alongwith Rajya Sabha may amend the provisions of the Constitutions. An Amending Bill may be introduced in either House of the Parliament and has to pass according to the methods laid down in the Constitution. In case of deadlock between the two Houses, a joint sitting of both the Houses may be summoned by the President. Here, too, wishes of the Lok Sabha will prevail because of its better numerical strength.

I. Election: The Lok Sabha is the Lower House of the Parliament. The Speaker of the Lok Sabha is elected by the members of the Lok Sabha. The Speaker must necessarily be a member of the Lok Sabha. The primary function of the newly elected Lok Sabha is to elect a Speaker and a Deputy Speaker. The speaker elected by a simple majority. Generally, the Speaker is taken from the ruling party while Deputy Speaker is taken from the opposition parties.

II. Term of Office: Normally, the Speaker is elected for a period of five years. However, he is in office until a new Speaker is elected by the new House. The Speaker does not vacate his office even when the House is dissolved. The Speaker has to vacate his office if he ceases to be a member of the House. He can be elected to this office for the second time also. The Speaker can resign his office at any time. He can also be removed from his office by a resolution passed by a majority of all members on the roll of the Lok Sabha.

III. Powers and Functions of the Speaker:

1. To preside over the meetings of Lok Sabha: The Speaker presides over the meetings of the Lok Sabha. All the members of the Houses have to obey his orders. It is his responsibility to maintain order in the House. If the situation goes out of control he can adjourn or suspend the meeting of the House.

2. To grant permission for the Bills: The Speaker has the power to grant permission for the introduction of the Bills in the House. About this his decision is final.

3. Appointments: The Speaker appoints the Chairman and other members of the Select Committee. He also has the power to appoint the Chair Persons and members at the other Committees of the House.

4. Powers about the speeches of the members: The Speaker grants permission to the members to speak in the Lok Sabha. No one can deliver a speech without his permission. All the members while making a speech have to address the chair. He is also to see that no member makes an irrelevant speech and thereby waste the time of the House.

5. To maintain discipline among the members at the Lok Sabha: It is the most important duty of the Speaker to maintain discipline and order in the House. If a member disregards his authority in spite of warning, he can name him for suspension. In case a member does not leave the House on the order of, the Speaker can ask the watch and ward staff to lift him bodily and remove him from the House.

6. To suspend the meeting of the House: Since the Speaker is responsible to maintain discipline and order in the House, therefore, if he feels that the situation is out of control then he can adjourn and suspend the meeting of the House. For the period he thinks it is necessary.

7. Decision about the Bills: It is for the Speaker to certify whether a particular Bill is a Money Bill or not and his certificate is final on the point.

8. To sign Bills passed in the House: Before sending a Bill to the Rajya Sabha or to the President, the Speaker signs the Bills as a token of having been passed by the Lok Sabha.

9. Voting on the Bills: The Speaker decides about the admissibility of a Bill. After the admission of a Bill in the House, he conducts the voting on the Bill. Alter the voting he has the power to declare the results.

10. To caste the casting vote: The Speaker has no right to caste his vote in the first instance but he has the right to vote in case of a tie. This is known as the casting vote of the speaker.

11. To safeguard the privileges of the members: The Speaker is the guardian of the privileges of the members of Lok Sabha. He can insist that action must be taken against any one guilty of violating the privileges of the members of the House.

12. To preside over the joint sessions of Lok Sabha and Rajya Sabha: In case of a joint meeting of both the Houses of Parliament (Lok Sabha and Rajya Sabha) on a disputed Bill, the Speaker of the Lok Sabha presides.

Tips: -

V. Imp.

I. The Parliament: The Parliament of India is Bi-Cameral Legislature. It consists of two Houses: Rajya Sabha and Lok Sabha. In fact the President of India is also a part of the Parliament.

Powers and Functions of the Parliament: 1. Legislative Powers: The Parliament of India is empowered to pass laws regarding the subjects given in the Union List. Foreign affairs, defence, armed forces, war and peace, railways, national highways, air-routes; posts and telegraphs, foreign, trade, inter-State trade insurance, national institutions concerning scientific and technical education, monuments of historical importance, census, elections and Election Commission, salaries and allowances of the Members of Parliament, etc. are the subjects included in this list. The Parliament is also empowered to pass laws Concerning the subject given in the concurrent list.

The State Legislature also have the same authority regarding these subjects but if the State law on such a subject is against the law of the Centre, the former will be void to the extent it is against the latter. The residuary powers also belong to the Central Parliament. Normally the State Legislatures are authorised to make laws on the subjects given in the State List, yet the Parliament also can pass laws on these in the following circumstances:

(i) The Parliament will be empowered to make laws on a subject given in the state list of the Council of States passes a resolution, by 2/3 majority of the members present and voting, declaring that subject concerned has gained national importance. But such a resolution will be valid only for one year at a time.

(ii) When emergency is proclaimed for the whole of India or any part there of according to Article 252, the Parliament will be authorised to pass laws on any subject given in the State List. But such laws will come to an end, to the extent of unconstitutionality, six month after the end of the Emergency.

(iii) When Emergency is proclaimed in a State because of the failure of constitutional machinery, the legislative of the State concerned will be exercised by the Parliament. But the laws made by the Parliament during such an Emergency shall cease to operate, to the extent of incompetency, one year after the proclamation ends.

2. Financial Powers: The Parliament has the final power to control finance also. No doubt, preparation and introduction of the Budget, realization of the taxes and expenditure are the functions of the Cabinet yet the power of passing the Budget belongs only to the Parliament. No tax can be imposed without the approval of the Parliament. Similarly, no expenditure can be incurred by the Government without sanction of the Parliament.

The Parliament has the right to discuss all the items of expenditure and all of them, except and expenditure charged on the Consolidated Fund of India, can be voted upon by it. It is empowered to decrease or reject any amount of expenditure sanctioned by the Parliament department wise as sanctioned. The Government has no authority to change any amount of its own free will. The Parliament has its Committees to enquire about the adequacy of the expenditure and estimates etc.

3. Control over the Executive: The Prime Minister and the other Ministers are taken from the Parliament and after becoming Ministers, they remain the Members of the Parliament. They participate in the meetings of the Parliament.

(i) The Ministers are responsible to the Parliament for their actions and policies.

(ii) The Members of the Parliament can ask the Ministers questions regarding the functioning of the administration. The Ministers are to give a satisfactory reply to all these questions.

(iii) The Members of the Parliament by introducing Adjournment Motion can invite the attention of the Government to a serious problem or event.

(iv) During discussion on Budget the Members of the Parliament discuss the working of ditferent Departments of the Government and criticise the policies of the Government.

(v) The Cabinet continues to remain in office according to the wishes of the Lok Sabha. It can seek the removal of the Cabinet by passing a no-confidence motion or by rejecting an important Government Bill or by passing a resolution for reducing the salary of a particular minister.

4. Judicial Powers: The Parliament has certain powers which are concerned with justice and judiciary. It may confer power of issuing writs and directions for any purpose other than the protection of fundamental rights on the Supreme Court of India. Similarly, it may confer some other powers also in the Supreme Court, which are not against the Constitution and which are essential for the performance of its duty. It is authorized to frame laws to enforce the orders issued by the Supreme Court.

The Parliament is also empowered to extend the jurisdiction of a High Court to any Centrally administered area or to furnish such a jurisdiction from any such area. It may even establish a High Court in a Centrally administered area. It may establish more courts for getting the laws made by it enforced properly. The Parliament has the power to impeach certain high dignitaries e.g., the President, Judge of the Supreme Court and the High Courts.

5. Electoral Power: The elected Members of Parliament participate in the election of the President with the elected members of the Legislative Assemblies of the State. The Vice-President is elected only by the Members of Parliament. The Lok Sabha elects its Speaker and Deputy Speaker and the Deputy Chairman of the Rajya Sabha is elected by the Rajya Sabha.

6. Powers of Amending the Constitution: According to Article 368, the Parliament has the authority to amend the Constitution. An amendment can be made in the Constitution only if it is passed by absolute majority and 2/3rd majority of the members present and voting in both the Houses separately. But approval of 50 percent States is required in addition to the procedure given above, for amending the articles given in Article 368.

Legislature

Budget

Lok Sabha

Rajya Sabha

Fourteen

Five States (or provinces) having a bicarmeral legislature:

1. Bihar

2. Uttar Pradesh

3. Jammu and Kashmir

4. Karnataka

5. Maharashtra.