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Constitution of India- Union Legislature | Part 5 | Article 79 to 122

Constitution of India

Constitution of India 

 

Union Legislature

Part 5 | Article 79 to 122

 

In India Bicameralism legislature having at union level but bicameralism is optional at state level

Some of the states having upper house are Jammu and Kashmir, Uttar Pradesh, Bihar, Maharastra, Andhra Pradesh, Telangana and Karnataka

Bicameralism was introduced in 1919 at Union level, popularly known as Montagu- Chelmsford reforms

Note: In 1935, Bicameralism was introduced at state level

 

Legislature is 1st organ of government which makes laws. In India, the name of union legislature is the Parliament, in Hindi it is called as Sansad

Note: In US, it is called as Congress

 

Article 79: Constitution of Parliament

This Article defines Parliament

Parliament means President + Upper House + Lower House

NoteLower House – Lok Sabha (House of people) and Upper House – Rajya Sabha(House of Elders)

 

Article 80: Composition of council of states

This Article deals with Council of State, Rajya Sabha

Upper House is known as Rajya Sabha or Council of states or Elder Houses. Upper House is compulsory in Federal systems like India since Upper House provides representation and it protects the local interest of the state

Maximum strength of Rajya Sabha is 250, according to constitution . Out of 245 seats of Rajya Sabha, 238 members were elected indirectly by system of Proportional by means of single transferable vote by the elected members of state legislative assembly(i e., MLA’s)

Remaining 12 seats of Rajya Sabha were nominated by President of India from different fields. But effective present strength of Rajya Sabha is 245. Out of 245, 233 are elected members

Note: If Union territory doesn’t have MLA’s, in such cases members of Rajya Sabha were elected by local bodies

At Present from Delhi, 3 members and Puducherry 1 member were getting elected to Rajya Sabha . Other Union territories are not having representation

 

Tenure of Rajya Sabha

The tenure of Rajya Sabha is permanent, it cant be dissolved like Lok Sabha. However, members were elected for term of 6 years but for every 2 years, 1/3rd of members retires

Note: For every 2 yrs elections were held for Rajya Sabha, same applicable to sate legislative council(MLC’s)

 

Article 81: Composition of house of the people

This Article deals with structure of Lok Sabha

The Strength of Lok Sabha is as follows,

a) The maximum strength shall not exceed 552

b) Out of 552 not more 530 are elected from states

c) Not more than 20 are elected from union territories

d) Not more than 2 Anglo India are nominated by President under Article 331

Note: Right now the effective strength of Lok Sabha is 545, Out of 545- 543 are elected and 2 are nominated

 

Reservation of seats in Lok Sabha

Reservation for SC/ST Lok Sabha are according to their population. Present, 84 Lok Sabha consistences are reserved for SC and 47 are reserved for ST under Article 330

Note:The number of seats in parliament and sates legislature is taken according to 1971 census. Prior to 1971, i .e, 1st Loksabha had 525 seats only .Out of 525, 489 were elected

In 1973, 31st Amendment, Lok Sabha seats were standardized and stabilized up to 2000

However in 2000, during NDA Government, this as been further extended to 2026 by 84th Amendment

Number of seats reserved for SC/ST are made according to 2001 census, for this reason in 15th Loksabha  SC/ST  reserved seats were increased

 

Delimitation Commission of India

Delimitation means adjustment of constituency and population according, this will done by delimitation commission appointed by the central government. So far 4 delimitation commission

In years 1952, 1964, 1972 and 2002

Note: In 2002- Chairman Justice Kuldeep Singh

 

Election of members in Lok Sabha:

Member of Lok Sabha elected directly by voters on basis of territorial constituency. They are elected by majority vote. this is technically known as First Past the Post,which means, let the winner gets all votes. Same method is employed in MLA’s Election

Note: Voters minimum age for voting for all elections in India is 18 yrs. But original constitution has 21 yrs but reduced to 18 yrs by 61st amendment

 

Tenure of Lok Sabha

Tenure of Lok Sabha is 5 yrs, however it may be dissolved even before the completion of 5 yrs. President of India dissolves Lok Sabha on the advise of Prime minister

In time National emergency, Lok Sabha may be extended for one year at time under Article 352, so far 5th Lok Sabha was extended in 1976

In 1976 by 42nd Amendment Normal tenure of Lok Sabha made to 6 years, However in 1978, by 44th Amendment it was reverted(Back to 5 years tenure)

 

 

Qualification for members:

For Lok Sabha– 25 years, not less than 25 years

For Rajya Sabha – 30 years, not less than 30 years

Note: For Vice President – 35 years

The candidate must be voter in any part of India. Prior 2004, Same state, but now any body can contest in any state

Caution deposit for Lok Sabha and Rajya Sabha for general candidates is 25,000 and SC/ST – 12,500

 

Disqualification for members:

Article 102 and 191: Disqualification of membership

Article 102,  in case of MP’s  

Article 191, in case of MLA’s and MLC’s

 

Disqualification grounds are given as follows,

a) If he is no longer a citizen of India

b) If he holds office of profit,. however there are some exemptions

c) If he is declared as insolvent

d) Proven/Proved criminal charges

e) Malpractices in elections

f) If he doesn’t file election expenses in stipulated time

g) Misusing of office

h) Anti defection law

i) in case of Dual membership of the houses

 

There are also some grounds where the seats is deemed to be vacant

a) If candidate in elected to Lok Sabha and Rajya Sabha simultaneously, he has to choose one within 14 days. If not chosen a case,  membership in Rajya Sabha will be disqualified

Note: Because Lok Sabha re-election means huge money, so Rajya Sabha seat will be cancelled

b) If a member of the house subsequently elected to other house, he has to give choice/option within 14 days, In such case membership of former house will disqualified

c) If a candidates is elected from 2 constituency simultaneously, in such case he as give his option in 10 days, if not means both were disqualified

d) If a candidate is elected parliament and Assembly simultaneously, he as to resign to assembly otherwise membership in the parliament is disqualified

e) If a member of parliament or MLA or MLC continuously absent to the proceeding of the house 60 days without prior permission of presiding officer, then membership is deemed to disqualified

f) If an MP or MLA, MLC is elected as President of India or appointed as Governor. Once they assume the office, membership in the Parliament or legislature or legislature is deemed to be vacant

g) With resignation

Note: Member of parliament addresses their resignation to the presiding officer. The member has to submit resignation personally.

h) Disqualifies on the ground of anti defection

Note: On Ground of anti defection, Presiding officer who disqualifies after the receiving the complaint from party president

Salaries and Other allowance of members

Article 96: The speaker or Deputy speaker not to preside while a resolution for his removal from office is under consideration

This Article, deals with salaries and other allowance. However  MP’s, MLA’s salaries are not mentioned in 2nd schedule. so far the salaries of MP’s altered more than 27 times

 

 Indian Parliamentary Procedures

Session: It is time span or duration between commencement of business of the parliament till it is concluded

According to Constitution, parliament should have minimum two sessions in a year . The gap between one session to other session shall not exceed 6 months

There is no limits on the maximum sessions. But right now, Parliament is having 3 session in year

Note: Same is applicable to sate legislative

 

Usually, 1st session,  February to April – Budget session

2nd session – July – Aug – Monsoon session

3rd session – Nov- Dec – Winter session

Note: If necessary, special sessions is convened

 

Government may decide to have special session after consulting business advisory committee of parliament. There is no limits in the number of days in session. It is government discretion

Session is divided into sittings, Each sitting is separated by adjournment

Adjournments  

Is a postponement of business of house for specific time. It is done by presiding officers

a) Adjourn- Sine Die

If the business of house is to adjourn for an indefinite period then adjourn- Sine Die is called. This is also be done by presiding

 

b) Prorogue

Prorogue means long postponement, which means termination to session or putting an end to session. So prorogue bring end to the session

Note: President prorogues the houses and in state Governor

 

c) Quorum

Quorum is minimum number of members to be present in a house in order to transact the business

In India, Quorum – 1/10th of total member of that house (Including presiding officer)

However in state level- 1/10th or 10 members, which is higher taken

 

d) Question Hour

Every day Parliament commences with question hour. Question hour is device of asking and answering the questions

Every day 1st hour is allotted to question hour irrespective of commencing hour. Usually the duration of question hour is one hour

Member have to give notice to the house mentioning the question to Secretary General of houses

There 3 types of questions in India

i) Starred questions

ii) Un-starred questions

iii) Short notice duration questions

 

Starred Questions

For starred questions, concern Minister should give oral answer. Usually one or two supplementary questions are allowed to starred questions

Unstarred Question:

For Un-starred questions, concern Minister as to give written reply to member

Short notice duration Question:

For short notice duration questions, concern Minister gives reply within 10 days orally or written

Note: The Presiding officer decides the star marks for questions i e ., Starred or Un-starred 

 

e) Zero Hour

The term Zero hour is not mentioned in parliamentary procedure. Its is a indigenous procedure

Zero hour in parliamentary procedure know the time immediately following the Question Hour is called as Zero Hour  

 

Motions

a) Adjournment motion

It is most powerful motion. This motion shall be introduced in only lower houses. For this motion, a notice singed by 50 members shall be presented to speaker. Speaker may or may not admit the motion. Its speaker discretion

If the speaker admits the motion on the particular day then the all business pending before the house gets adjourn. Amendment the issue in the adjournment motion is allowed for discussion

There will be discussion and voting on the adjournment motion. The purpose of motion is to attract the attention of house on every important public problem which is urgent and contemporary nature

 

b) No confidence motion

No confidence motion is ultimate motion. This is motion is also introduced in lower houses, notice singed by 50 members shall be presented to speaker

If No Confidence motion is admitted, there will be discussion and voting. If the absolute majority voted in favor of motion then Government has to resigned

No particular reason is to be set out for introduction of No confidence motion. Usually not more than two No confidence motion are allowed in span of 6 months

 

c) Motion of Confidence

This motion is also confined to lower houses

If Government power subsequently reduced to minority from majority due to withdrawal of their party members then President/Governor ask the PM/CM to prove confidence once again to seek confidence from the house

 

d) Censure motion

Censure motion can be introduced in either houses. It can be introduced against a minister or a council of minister

The purpose of the motion is to give warning to the minister who are not doing his duties

 

e) Calling attention motion

This motion is introduced in either houses. This motion is Indigenous motion

The purpose of this motion is to attract the attention of minister on a very important public issue/problem which is urgent and contemporary in nature in order to get a authentic or authoritative information from the minister

This motion, minister gives statement. There will be  no discussion nor No voting

 

f) Cut Motion

Cut motion is nothing but reducing the amount from the budget. There 3 types of cut motions

i) Policy cut motion

If all the demands for grants have been reduced to 1 rupee is called Policy cut 

The purpose of this motion is oppose the policy got under the budget

 

ii) Economy cut motion

If the specific amount is reduced from demand for grants is called as economy cut

The purpose of the motion is to bring about economy in the budget

 

iii) Token cut motion

If Rs 100 is reduced from the demand for grants is called token cut

Purpose of this motion is to mentions that, other neglected are in the budget

Note: If any cut motions is admitted and accepted then the Government as to resign

 

g) Point of Order 

Point of order is a kind of objection raised by the member regarding the rules and procedures in the house.

Purpose of this is to verify whether house is transacting its business properly or not. For Point of Order, ruling of the speaker is final

 

Bills

Bill: Drafted legislature proposed. Bill is the 1st stage of a law or an act

There are four type of bill in the constitution of India

a) Finance Bill- Article 177

b) Money Bill- Article 110

c) Ordinary Bill – Article 107 and 108

d) Constitution amendment bill – Article 368

 

a) Article 117: Special provision as to financial bills

This Article deals with Finance bill/Money bill

If a bill contains any proposal for revenue or expenditure is called financial bills

Note: Some finance bills can be also introduce in Rajya sabha

 

b) Article 110: Definition of Money Bills

If a bill contains the provisions of Article 110 and certified by the speaker to the effect. Certification of the speaker of Lok sabha is final regarding the nature of the bill. It cant be questioned any where even in Supreme court

The provision includes

i) Abolish

ii) Imposition

iii) Reduction

iv) Alternation of tax

v) Expenditure on the consolidated fund of India

vi) Adherence, payments from consolidated fund of India

vii) Borrowing of Govt India

Note:  All Money bills are Finance bills. Those Finance bills are Money bills which is certified by speaker of Lok Sabha

The difference between Money and Finance bill is technical. The technical difference is speaker certification

 

Procedure of Money Bill:

Money bill shall be introduced only in Lok Sabha according to Article 109 with prior permission of President of India

When a bill is transmitted to Rajya sabha, Rajya Sabha can discuss on money bill

Power of Rajya Sabha on Money bill

i) It can discuss

ii) t can propose amendments

iii) It can send back for reconsideration

iv) It can delay the bill for a maximum of 14 days

v) It cannot vote or cannot reject on money bill

Note: Rajya Sabha is decoratory body on money bill. Loksabha is ultimate authority to money bill

 

c) Ordnance Bill

A bill which is not finance bill or money bill is called ordinary bill. It can be initiated/introduce in either house

Ordinary bill may be a private member bill or may be government bill

The ordinary bill has to undergo 3 stages in each houses before it is presented for assent of President of India

 

These stages are given as follows

i) 1st stage: 1st Reading

ii) 2nd Stage: 2nd Reading

iii) 3rd stage:  3rd Reading

 

First Reading: Is an introduce to the bill

The bill is presented to the houses by the minister concern. In this stage, minister announces the name and purpose of the bill, by this 1st reading overs

 

Second Reading:

It is most crucial stage of the bill. In this stage the bill undergoes a through discussion. If necessary bill may be referred to selected committee or a joint select committee and amendment also proposed in this stage

 

Third Reading: It is only accepting/Voting stage.

In this stage, bill is put to vote

 

Every Bill as to undergoes the same stages even in the second houses also. After the both houses voting of the bill. It is presented to president for his assent. Once president gives his assent then the bill becomes Act

 

Assent to Bills

Veto Power: Veto means power to say No

Pocket veto which means President of India maintaining indefinite silence over a bill

Note: Gangan Jail Singh when president of India in 1986 exercised pocket veto on postal bill. He delayed 18 months

 

Suspensive Veto

If the bill is rejected by the President for a 1st time, same bill is returned to President with approval of parliament for 2nd time. Then President is bound to accept it. Then No of his is suspended

 

Absloute Veto:

If a bill once rejected by the president, the bill never becomes act, Bill gets defected

President of India enjoys absolute veto on the following occasion

a) On a state bill which is reserved by the governor for the consideration of President

b) A Private member bill which was approved by parliament but opposed by Government on all such bills President exercises absolute veto

c) A bill which was already approved by the Government and sent for President approval before approval of bill, Government gets dissolve. The then new government may ask the President not to accept the bill. This is also an occasion of absolute veto

 

In Case of conflict between two house over a ordinary bill, President of India convene joint session under Article 108

Note: Joint session is presided by speaker of Lok Sabha

So far 3 bills has been approved in Joint session. They are

1961- Dowry Prohibition bill

1978 – Banking service regulation bill

2002- POTA Bill

 

State Legislature Procedure

In state legislature in all occasions, the will of lower house prevails. No question of joint session

The state upper house can delay a bill to a maximum of 4 months. So state upper house is decoratory body on ordinary bills as well as money bill

Note: In Money bill, State Upper House can delay a bill to a maximum of 14 days

 

 

Officers in the Parliament

Officer in Parliament were Speaker, Deputy Speaker, Chairman, Deputy Chairman

Article 93: The Speaker and Deputy Speaker of the House of the People

This Article deals with the officers of speakers and as well as Deputy Speaker. These officer in Parliament process were borrowed from England. Speaker and Deputy Speaker were elected by member of Lok Sabha by a majority vote

Usually Speaker and Deputy Speaker tenure is 5 yrs, however regarding speaker of Lok Sabha, though Lok Sabha stand dissolve. The office of speaker continuous to exist till new Lok Sabha is formed

Note: Office of Deputy Speaker is unanimously given to largest opposition party in Lok Sabha.

 

Salaries of Speaker and Deputy Speaker

Parliament determines the salary of speaker and deputy speaker charged on consolidated fund of India.

The salary of speaker and deputy speaker cant be reduced except during the course of financial emergency

 

Removal Speaker and Deputy Speaker

Lok Sabha can removes a Speaker and Deputy Speaker with a majority vote, notice a must be served 14 days in advance to the Lok Sabha

When ever the notice regarding removal of Speaker is pending before the houses, Speaker shall not preside over the house. In such cases Deputy Speaker presides the houses

Note: Speaker exercises casting vote but during his removal he as to vote as ordinary member in the beginning itself

 

Powers Speaker and Deputy Speaker

Speaker who presides over the houses and conducts the business. He maintains order in the houses

Speaker ruling is final within the walls of Lok Sabha. It cannot be questioned anywhere

 

Exclusive power of speaker of Lok Sabha

i) Lok Sabha Speaker decides whether a bill is Money bill or Ordinary bill

ii) Lok Sabha Speaker Presides the Joint session

ii) Lok Sabha Speaker is the Chairman of All India speakers association

Note: Panel Speakers Presides over the house in case of Speaker and Deputy speaker is absent. Panel speakers were appointed by Speaker. There will be 4 to 5 Panel Speakers

 

Article 89: The Chairman and deputy chairman of Council of States

This Article deals with Chairman and Deputy Chairman of Rajya Sabha. 

Vice President of India is an ex-officio Chairman of Rajya Sabha. Deputy Chairman is elected by Rajya Sabha only and Chairman Rajya Sabha is elected by parliament

Note: Tenure of deputy chairman of Rajya Sabha is 6 yrs and Tenure of Chairman of Rajya Sabha is 5 yrs. 

 

Removal of Chairman and Deputy Chairman of Rajya Sabha

Deputy Chairman of Rajya Sabha is removed by Rajya Sabha alone and Chairman of Rajya Sabha is removed by parliament as Vice President of India

 

Protem Speaker

Protem Speaker is Adhoc Speaker. President of India appoints Protem Speaker form newly elected Lok Sabha. Usually the senior most member in order to administered the oath of new elected members

Protem Speaker also conducts the elections in order to elect Speaker of Lok Sabha

 

Privileges of members of Parliament and State Legislature

Article 105: Powers, privileges etc, of the houses of parliament and of the members and committees thereof

Article 194: Powers, privileges etc, of the houses of legislature and of the members and committees thereof

 

Privilege is special facility or dignity given to legislative’s in order to enable them to discharge their duties and function properly and more effectively. These privileges were borrowed from UK with certain modification by 44th Amendment in 1978

Note: Privilege are available parliamentary committees also

 

There are two types of privileges

a) Privileges enjoyed by members as individual MP’s and MLA’s

b) Privileges enjoyed by house a whole body

 

Privileges as individual:

i) No means of parliamentarian shall not be arrested 40 days before and 40 days after the sessions of parliament/State legislature

ii) No member shall be compelled/forced to witness in a case/court when a parliament in a session

 

Parliamentary Committees

Parliamentary Committee is group of person constituted for a special purpose or special task. Committees will have the continuously control or suspension on government expenditure and public administration

Parliamentary Committee is borrowed from England. But America is known for most powerful committee system

There is No direct mentioning of committee system in Indian constitution. But in Article 88 and Article 105, there is passing references in the Indian constitution.  

Note: Parliamentary committees are extra constitutional but they are Legal

Usually there are two types of committees

a) Ad hoc committee

b) Standing committee

Adhoc committees are constituted for specific purpose for time been, once the task is finished committee gets dissolves automatically

Standing committee are permanent committees only change over of members. Standing committees are divide into 2 types

a) Ordinary committee

b) Financial committee

Ordinary committee is committee which deals with other than financial committee

Ordinary committee are house committee, constituted by the presiding officer through nomination

 

Financial committee is committee which deals with financials. There are 3 types

a) Public account committee

b) Estimate committee

c) Committee on Public Undertakings

Rules and Regulations of Parliamentary Committees

a) The member of financial committees are elected by the members on the basis of proportional representation

b) Members were elected for 1 year but generally continues for 2 or 3 yrs

c) Minister should not be members of financial committees

d) If Prescribing officer is member of committee then he will be the chairman.

e) Quorum for each committee, the Quorum is 1/3rd of each committee

 

Public Account committee(PAC)

PAC is oldest parliamentary committee established in 1921. Initially its a house committee confined to Lok Sabha. At Present, its is joint committee consisting of members of Lok Sabha and Rajya Sabha

Total members in Public account committee are 22. From Lok Sabha- 15 members and Rajya Sabha- 7 members

As a convection developed after 1967, the chairman of Public account committee is taken from largest opposition party from Lok Sabha

 

Functions of Public account committee

PAC committee examines the expenditure whether is allowed and appointed according to the objective for which it was sanctioned

It also examines the expenditure and other related aspects whether properly maintained or not

The Comptroller and Auditor General of India, CAG provides technical expertise to this committee and CAG is a friend, guide, philosophers to PAC

 

Estimate Committee

Estimate committee was established in 1950 on recommendation of then Financial Ministry John Mathai. It is exclusive committee of Lok Sabha and it is largest parliamentary committee having 30 members

 

Functions of Estimate Committee

a) Chairman is appointed by Speaker of Lok Sabha

b) This committee makes recommendations on the estimates are to be presented to the government

c) This committee makes recommendations regarding reduce the unnecessary expenditure and to achieve the economy in administration

d) This committee makes recommendations regarding alternative system of administration in order to achieve efficiency and economy

 

Committee on Public Undertaking

This committee established in 1964 on recommendation of Krishna Menan committee

It is a joint committee, having 22 members, Lok Sabha- 15 members and Rajya Sabha- 7 members

 

Function Committee on Public undertakings

This committee examines the working of various public undertaking of Government of India and states

 

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