CONSTITUTION ASSIGNMENT

TOPIC :
PARLIAMENT COMPOSITION AND
FUNCTIONS !

SUBMITTED BY : HARSHITA SARIN

ENROLLMENT NO :TLL1801031
SEMESTER - IVth
COURSE NAME : B.A.LLB(hons.)
COURSE CODE : LAW 404

SUBMITTED TO : ABHINAV CHAUDHARY

SIR .
 Historical background:
India became independent on 15 August 1947. Many sections of society
participated in the struggle. People from various backgrounds joined the struggle.
Under colonial rule, the people had lived in fear of the British government and did
not agree with many of the decisions that they took. But they faced grave danger if
they tried to criticize these decisions. The freedom movement changed this
situation. The nationalists began to openly criticize the British government and
make demands. As far back as 1885, the Indian National Congress demanded that
there be elected members in the legislature with a right to discuss the budget and
ask questions. The Government of India Act 1909, allowed for some elected
representation. The dreams and aspirations of the freedom struggle were made in
the Constitution of independent India that laid down the principle of universal
adult franchise, i.e. that all adult citizens of the country have the right to vote.

Introduction
Parliament may be perceived as a political institution to ensure the realization of
what Mahatma Gandhi once envisaged that, Democracy essentially is the art and
science of mobilizing and utilizing the entire physical, economic and immaterial &
metaphysical resources for the common good of all the people.

Though the origin of the concept of Parliament traces to European nations since
medieval ages, it has been an indispensable part of the Indian democratic structure
since the inception of democracy in India.

The stalwarts of Indian freedom struggle, legal experts and other members of the
Constituent Assembly, arrived at a conclusion of endorsing a parliamentary system
of government after an extensive and in-depth study of the Constitution of other
nation-states.

After the first general election in the year 1952, both the houses of parliament
came into existence.
It must be noted that after the Constitution was adopted and till general elections,
i.e between 1950 to 1952, the Constituent Assembly itself functioned as the
provisional legislative body.

Parliament is an assembly of the chosen representatives of people that exercise

ultimate political authority on behalf of the people of a country.

It is the ultimate authority for making, annulling or changing the laws.

A Parliament controls the working of the government as the government is

accountable to the Parliament.

Parliament has the right and control over the government’s money.

All discussions and debates regarding public issues and national policy take place
in the Parliament.

 The primary functions of the Parliament are:

 legislation, within its jurisdiction;

 amendments of the constitution;

 approval of presidential ordinance and proclamation;

 act as the check on the remaining two organs of government: Executive and
Judiciary.

CONCEPT
Composition of the Union Parliament:
The Constitution describes the structure of parliament in Article 79. It states that
the Parliament comprises of the President and the two houses i.e. the Lower House
or House of People and Upper house or Council of States.
The law-making powers of the Union are with the Union Parliament.

It is a bicameral legislature with the House of the People (Lok Sabha) as the Lower
House and the Council of States (Rajya Sabha) as the Upper House.

All bills are introduced and passed by the Parliament in the name of President and
these become laws when signed by him. However, the President is not a member
of either House.

The post of president is somewhat equivalent to the role and functions of the
Queen or Crown in the United Kingdom.

The object behind the creation of the Rajya Sabha is to provide for a second
chamber so that legislation passed by one House can be reviewed and altered if
needed by the other.

Lok Sabha is the lower or the popular chamber of the Indian Parliament

Each house of Parliament has its own presiding officers

The President has the right to summon, prorogue and dissolve the Parliament. The
power to dissolve and to prorogue is exercised by the President on the advice of his
Council of Ministers.

The Council of States the Rajya Sabha :

Its maximum membership can be 250 involving 238 representatives of the States
and Union Territories and 12 members nominated by the President from amongst
persons from the fields of literature, science, art or social service. The seats allotted
to each State and Union Territory has been mentioned in the Fourth Schedule of
the Constitution.

The method of election of these members is listed in Article 80(1) of the Indian
Constitution. It says that the members would be elected by the elected members of
respective state assemblies in accordance with proportionate representation of
every state.

This provision thus reflects the federal nature of the Council of States, where every
state is represented proportionally.

However, the number of members representing each state varies from 1 to as large
as 31 (for Uttar Pradesh).

Chairperson and Deputy Chairperson of Rajya Sabha

In Rajya Sabha, the Vice-President of India presides of its sessions and is ex-
officio chairperson of the house.

However, to take care of its day-to-day affairs, and to preside over the sessions in
the absence of the Chairperson, i.e. the Vice-President, a member of the house
itself is chosen internally by the Rajya Sabha as Deputy Chairperson of the house.

The House of the People—the Lok Sabha

The provisions of Article 331 of the Indian Constitution provides for the existence
of the house of the people

The maximum strength of the House envisaged by the Constitution is 552 – upto
530 members to represent the States, upto 20 members to represent the Union
territories and not more than two members of the Anglo-Indian Community to be
nominated by the President if, in his opinion, that community is not adequately
represented in the House.
131 Lok Sabha seats stand reserved for the people belonging to SCs and STs.

The members of the Lok Sabha are directly elected by all the adult citizens
(voters) who are of 18 years or above of age.

The seats of Lok Sabha are distributed on the basis of population.

The Lok Sabha has tenure of 5 years. However, it can be dissolved at any time by
the President acting under the advice of the Prime Minister and his Council of
Ministers.

Speaker and Deputy Speaker of Lok Sabha :

To preside over sessions of the house, the Speaker of the Lok Sabha is elected
among the sitting members of the house. He/she is generally elected in the first
meeting of the Lok Sabha and serves a tenure of 5 years along with that particular
Lok Sabha. And as normally practiced, the Speaker is a member of the ruling party
or alliance.

According to Article 94 and Article 96 of the Indian Constitution, a Speaker can be

removed by a resolution passed with an effective majority, i.e More the 50% of the
members of the house.

He/she can also be removed according to The Representation of the People Act and
when a bill is wrongly certified as a money bill by the Speaker.

The Deputy Speaker of the Lok Sabha serves as a Number-Two, who in the
absence of the Speaker carries forward his roles and functions.

He/she also has a tenure of 5 years and can leave the post midway if he/she ceases
to be a member of parliament.

Dissolution;
The power to dissolve the Lok Sabha is placed with the President of India in
accordance with Article 85 of the Indian Constitution.

In two cases, dissolution of the Lok Sabha is possible:

•When the term of the Lok Sabha, i.e 5 years complete and is dissolved by the
leader of the ruling party.

•When the government loses the majority and floor test is about to happen, in that
case, the president can dissolve the house.

And, it is completely different from adjournment or prorogation as Dissolution

means the end of the term of that particular Lok Sabha

QUALIFICATIONS FOR BECOMING A

MEMBER OF PARLIAMENT:

Qualifications necessary for becoming a member of parliament is provided in

Article 84 of the Indian Constitution.

Following are the qualifications:

he/she should be a citizen of India.

In the case of Upper House, i.e. Rajya Sabha, he/she should have completed at
least 30 years of age and for Lower House, i.e. Lok Sabha, he/she should have
completed 25 years of age.

He/she need to comply with other such qualifications as prescribed in any law by
the Indian Parliament.

Now. Let us take a look into grounds on which one can be disqualified as a
Member of Parliament.
 Disqualification:
Now, Article 102 of the Indian Constitution lays the grounds on which a legislator
can be disqualified as a member of the Parliament.

Those grounds are:

If he/she holds any office of profit under the Government of India or any of the
states;

If he/she is declared of unsound mind by a Court;

If he/she is an undischarged insolvent;

If he/she is not a citizen of India anymore;

If he/she is disqualified by virtue of any law passed by the parliament of India.

Vacating the seats

Apart from the disqualification grounds mentioned in Constitution, RoPA 1951
and Tenth schedule, a member of parliament would need to vacate the seat in
follow circumstances:

•A member of parliament can resign from his seat. The resignation letter is
addressed to Chairman of Rajya Sabha (Vice-President) and Speaker of Lok
Sabha.

•The Chairman or Speaker can declare the seat vacated if a member has remained
absent from all its meetings for a period of 60 days without permission. While
calculating the 60 days, the period for which house is prorogued or adjourned is
not counted.

•If a member has been elected as President or Vice-President, or has been

appointed as Governor of a state, his seat will be vacated.
•A person cannot be come member of both Lok Sabha and Rajya Sabha at one
time. If a person is elected from both the houses, he need to intimate within 10
days to the house of which he desires to serve. However, if he fails to make such
intimation, his Rajya Sabha membership will end.

•If a sitting Lok Sabha member becomes Rajya Sabha member or vice versa, the
seat of former house will vacate.

•If a person has contested elections on two seats and is elected on both, he needs to
choose one. If he fails to do so, both the seats will get vacated.

•A person cannot be MLA and MP at the same time. If it happens that a person is
both an MLA and MP, his MP seat will vacate.

Oath by Members:

The first sitting of the first session of the Lok Sabha after a general election is
devoted to members making and subscribing the prescribed oath or affirmation to
“bear true faith and allegiance to the Constitution of India” and to “uphold the
sovereignty and integrity of India” and to faithfully discharge the duty of a
Member of Parliament.

Salary and Allowances:

Members of both the Houses are entitled to salaries and allowances as may be
determined by Parliament by law from time to time (Article 106).

Sessions of the parliament

So, whenever either of the houses meets for the conduct of its business, for the
period it meets, is called a session.
With not more than a 6-months gap, the president can summon either of the houses
for conducting a session.

Thus, the Parliament must necessarily meet at least two times a year.

As per convention, three sessions are conducted by the Indian Parliament in a year:

•Budget Session between February and May.

•Monsoon Session between July and September.

•Winter Session between November and December.

PROPOGATION
Prorogation of the house essentially means termination of a session of the house.

The notice of prorogation is issued by the Speaker or the Chairperson of the House.
After a session is ended, the presiding officer adjourns the house sine die, i.e with
no appointed date for resuming the house and then after a few days, the notice is
issued.

However, houses of the Parliament can also be adjourned or prorogued when in

session.

This is provided under Article 85(2) of the Indian Constitution.

Effect of Dissolution on the business

pending in the House
Articles 107 and 108 of the Indian Constitution deals with these situations.
It states that whenever the Lok Sabha is dissolved, be it after completing its whole
term or midway, all the business, which includes bills, notices, petitions, motions,
etc, do lapses.

When a new Lok Sabha is elected and it begins with its sittings, all the motions,
bills and notices need re-introduction in the house.

POWERS OF THE PARLIAMENT :

1. LEGISLATIVE POWER :
 The most important power of the Union Parliament is to make laws for the
whole country

 The basic function which the Parliament serves is of legislating.

 Legislating essentially means making laws and provisions for the smooth
functioning of the government and the nation at large.

 This function is embedded in Article 107-108 of the Indian Constitution.

 It has concurrent jurisdiction with State Legislatures over the subjects of the
Concurrent List

 It can legislate over the subjects of Union List

 It has also the power to legislate over all other subjects (Residuary Subjects)
which are not mentioned in any list

 In cases when an emergency has been declared, the Union Parliament can
also make laws on subjects that fall within the State List .

 A bill becomes an act only after the two Houses have passed it in identical
terms
  Further, an ordinary bill passed by the two Houses becomes an act only after
the signatures of the President

 The President has the power to return the bill to the Parliament for
reconsideration. In this case the Parliament has to re-pass it. Thereafter, the
bill again goes to the President who has to sign it.

 In case of a deadlock between the two Houses over any bill, the President
can summon their joint sitting.

 The matter is then decided by a majority vote in this joint sitting.

 The laws made by the Union Parliament are called Union Statutes or Union
laws.

 In case there is any conflict or overlapping in the provisions existing in the

Union and State enactment, the Union law prevails.

2.FINANCIAL POWERS :

 The Parliament is the custodian of the national purse.

 The fiscal policies of the government can be enforced only after these
get the approval of the Parliament

 Union Parliament has exclusive powers to provide ways and means

through which revenue has to be raised for public services.

 No tax can be levied or collected or revised by the government without

the approval of the Parliament

 The government cannot levy or collect any tax or make an expenditure

without the consent of the Parliament
  MONEY BILLS

 All money bills can originate only in the Lok Sabha. No money bill can
originate in the Rajya Sabha

 After getting passed, a money bill goes to the Rajya Sabha which can at
the most delay its passage for only 14 days

 In case a money bill is not returned within that period that will be
treated to have been passed.

The distinction between Money Bills, Financial Bills

and Bills involving expenditures

 The major difference between a Money Bill and a Financial Bill is that
Rajya Sabha can’t amend the Money bill but this is not the case with the
Financial Bills.

 Also, a Money Bill strictly deals only with the provisions as laid down in
Article 110 of the Indian Constitution while a Financial bill can also
cover other provisions than taxation and expenditure.

 A Money bill needs certification from the Speaker of the Lower House,
while a Financial Bill doesn’t need any such certification.

Annual Financial Statement (Budget)

  The Annual Financial Statement or as often called, budget is an important
document dealing with the finances of a nation.
 Provisions relating to Budget are discussed in Article 112 of the Indian
Constitution.
 The budget is presented in such a way that expenditure and receipts
regarding fiscal and deficits of the current year, the previous year and the
year for which budget is presented.

 ORDINARY BILLS

 Any bill, which is proposed in the Parliament is an ordinary bill except those
which get the certificate of money bill by the Speaker of the Lok Sabha.
 It can be proposed/introduced in either of the houses, i.e. Rajya Sabha or Lok
Sabha.
 It can be introduced by a minister as well as a private member and those
introduced by a private member is known as a private member bill.
 For introducing such bills, the president’s recommendation is not required and
necessary.
 Once sent for approval of the President, these bills can be accepted, rejected or
returned for reconsideration to the house.

3. Power to amend the Constitution:

 The Union Parliament enjoys the power to amend the constitution in accordance
with the provisions of Article 368.
 A bill for amending the constitution can be introduced in either house of n
Parliament. Most of the constitution can be amended by the Union Parliament by
passing an amendment bill by a 2/3rd majority of members in each House.

4.ELECTORAL POWERS

 The elected members of the Lok Sabha and the Rajya Sabha form
one part of the Electoral College which elects the President.
 The other part is constituted by the elected members of all the State
Legislative Assemblies.
 Both Houses of Parliament together elect the Vice- President of
India.
 The members of the Lok Sabha elect two of their members as the
Speaker and Deputy Speaker.
 The members of the Rajya Sabha elect their own Deputy Chairman.

5.JOINT SITTING OF HOUSES

 In case of a deadlock between both, the houses of parliament

regarding the passing of a bill, the President of India may summon a
joint sitting of both the houses.

 The joint sitting of both the houses is presided over by the Speaker of
the Lok Sabha and in his absence, the Deputy Speaker of the Lok
Sabha discharges this function.
  Article 108 of the Indian Constitution provides provisions for this
mechanism which breaks the deadlock between both the houses.

 According to this Article, a joint session can be called upon only if ::

•A bill, after being passed out in one house, and the other house
rejects it;

•One of the houses doesn’t accept the amendments passed by the

other house;

•When 6 months elapse, and the other house doesn’t pass the bill.

6.President’s Assent

 According to Article 111 of the Indian Constitution, when a bill is passed by

both the houses of the Parliament it must be presented to the President and
he/she needs to declare that he/she assents to the bill or withholds assent.

7.Impeachment Functions :

 The Parliament has the power to impeach the President on charges of violation
of the Constitution.
 For this purpose l/4th members of either House can move an impeachment
resolution.
 The President is given the opportunity to defend himself.
 The judges of the Supreme Court and High Courts and several other high
officials of the State can also be impeached by the Parliament.
 8.Power to Control the Executive:

 For all its decisions and policies, the Council of Ministers is directly
responsible to the Parliament

 MPs can put questions and supplementary questions to the ministers for
getting information regarding the forking of administration.

 They can move adjournment motion, cut motion, call attention motion,
censure motion and no- confidence (only by the members of the Lok
Sabha) motion for keeping the ministry under control and making it
responsible and accountable.

 The defeat of a government bill or decision in the Lok Sabha is taken as a

loss of confidence by the Council of Ministers, and it resigns.

 The Lok Sabha can cause the fall of the government by passing a direct
vote of no-confidence against the Prime Minister or his ministry. The
government has to get all its policies approved by the Parliament before
these are implemented.

DISCUSSION
COMPARISON BETWEEN POWERS OF LOK
AND RAJYA SABHA
1. Composition of House:

The Lok Sabha is the popular House. Its members are directly elected by the people.
But the members of the Rajya Sabha are indirectly elected. This difference in the
process of election of the members of both Houses gives an edge to the Lok Sabha
over the Rajya Sabha.

2. Cabinet Responsibility:

Another factor which makes the Lok Sabha more important than the Rajya Sabha is
cabinet responsibility. The members of the Council of Ministers at the centre are
responsible to the Lok Sabha and not to the Rajya Sabha. If the government loses
majority in the Rajya Sabha, it is bad for the government.

This will be considered a political defeat for the government. But the government will
not be required to resign. However, the government will have to resign if it loses a
vote of confidence in the Lok Sabha.

3. Financial Power:

In democracies, the popular House is normally given more powers in financial matters
and in this respect India is not an exception. In India, the Money Bill can be introduced
only in the Lok Sabha; it cannot be introduced in the Rajya Sabha.

After a Money Bill is passed by the Lok Sabha, it is sent to the Rajya Sabha for its
consideration. Within 14 days, the Rajya Sabha has to return the bill. If it is not
returned to the Lok Sabha within 14 days, it will be deemed to have been approved by
the Rajya Sabha.
4. Amendment:

In other matters like impeachment, constitutional amendment and approval of

proclamation of emergencies etc. both Houses enjoy equal powers. But even in these
matters, the Lok Sabha has an in built advantage over the Rajya Sabha. This is due to
the provision of joint sitting for resolving any conflict between the two Houses on any
matters other than Money Bills.

5. Joint Session:

If there is disagreement between the Lok Sabha and the Ra Sabha, on any bill other
than a Money Bill, then the two Houses are required to sit joint to resolve the conflict
and in a joint sitting, the decision would be taken by simple majority. The Lok Sabha,
having more members, would prevail over the Rajya Sabha in such ma of conflict
between the two Houses.

6. Special powers of Rajya Sabha:

The Rajya Sabha, however, has three special powers. First, according to Article 249,
the Rajya Sabha has power to authorize Parliament to make law on the State List if it
feels that such legislation is necessary national interest. Second, by a resolution
supported by not less than two-thirds of the members present and voting, it can
authorize the Parliament, to create one or more Al India Service, if that is necessary in
national interest (Article 312). Third, for the removal of the Vice-President of India,
the action has to be initiated by the Rajya Sabha.

A resolution for the removal of the Vice-President has to be passed first by the
majority of the members of the Rajya Sabha. If it is then adopted by the Lok Sabha,
the Vice-President stands removed. These three exclusive powers, vested in the
Council of States, give it some advantage, but, in the overall context, the Lok Sabha is
clearly superior to the Rajya Sabha The Lok Sabha enjoys more influence and prestige
than the other House of the Parliament

7. Miscellaneous Powers:

(a) Both houses have equal powers in respect impeachment, amendment of

constitution and approval of emergency proposal, (b) The members of both houses
take part in the election of President of India, and in the election of Vice-President of
India, (c) The members of both houses work together in some Parliamentary
committees including the Public Accounts Committee.

Nehru, India’s first Prime Minister, did not like the view, believed to be true by man
that the Lok Sabha is superior to the Rajya Sabha. He called this view erroneous. I
considered both Houses of the Parliament equal except on some financial matters.
Hew perhaps right insofar as the theory is concerned. But, in practice, the higher status
enjoy by the Lok Sabha is quite evident.

ANALYSIS

DETAILED PROCESS OF PARLIAMENT

A Union bill must pass three readings in both the Lok Sabha or Rajya Sabha before it
becomes law.
1. Introduction and First Reading :

The legislative process is initiated by the introduction of a bill “after adoption of a

motion for leave to introduce a Bill”[103] in either house of Parliament—the Lok
Sabha or the Rajya Sabha.[104] Ordinary bills and Constitution amendment bills may
be introduced in either house. However, money bills and other financial bills may
only be introduced in the Lok Sabha.[105] A bill can be introduced by a Government
minister or a private member.[106] A minister who wishes to “introduce a Bill has to
give seven days notice in writing of his intention to move for leave to introduce the
Bill. The Speaker may, however, allow the motion to be moved at a shorter
notice.”[107]

During the first reading, Members of Parliament may raise objections and challenges
on certain grounds. The procedure for opposing introduction of a bill is as follows:

Motion for leave to introduce a Bill may be opposed by any member on general
grounds or on the ground that the Bill initiates legislation outside the legislative
competence of the House. Any member desirous of opposing the introduction of a Bill
has to give a notice to that effect specifying clearly and precisely the objections to be
raised by 1000 hours on the day on which the Bill is included in the list of business for
introduction.[108]

If the motion for leave to introduce a Bill is opposed, the Speaker may allow [a] brief
statement from the member who opposes the motion and the Minister who moved the
motion. Thereafter, the motion is put to the vote of the House. However, if the
motion is opposed on the ground of legislative competence, the Speaker may permit a
full discussion thereon.
It is an accepted practice in Lok Sabha that the Speaker does not give any ruling on the
point whether a Bill is constitutionally within the legislative competence of the House
or not. The House also does not take a decision on the specific question of vires of a
Bill. After debate, the motion for leave to introduce a Bill is put to vote of the House
by the Speaker.[109]

After a bill has been introduced, it is published in the Gazette of India.[110] Once a
bill is introduced in Parliament, it may be referred to a Department Related Standing
Committee (DRSC) “by the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the
case may be” for detailed examination and to produce a report on the bill “in the given
time.”[111] Customarily, a time period of three months is granted to the DRSCs for
presentation of a report. According to the Lok Sabha website:

[a]s per prevailing practice, normally all Government Bills, except Bills to replace
Ordinances, Bills repealing obsolete laws, Appropriation Bills, Finance Bills and Bills
of technical or trivial nature, are referred to the concerned Departmentally Related
Standing Committees for examination and report.

The reports of the Standing Committees have persuasive value and are treated as
considered advice by the Government. In case, the Government accepts any of the
recommendations of the Committee, it may bring forward official amendments at the
consideration stage of the Bill or may withdraw the Bill reported by the Standing
Committee and bring forward a new comprehensive Bill after incorporating such of
the recommendations of the Standing Committee as are acceptable to the Government.
[112]

2. Second Reading :
The second reading of a bill is comprised of two stages. Once the relevant DRSC has
submitted its report to the relevant house, the bill is typically taken up for discussion.

a. First Stage

The first stage of the second reading begins with “discussion on the principles of the
Bill and its provisions generally.”[113] According to the Parliament of India website,
“[a]t this stage it is open to the House to refer the Bill to a Select Committee of the
House or a Joint Committee of the two Houses or to circulate it for the purpose of
eliciting opinion thereon or to straightaway take it into consideration.”[114]

In contrast to the general review typical for other bills at the first stage of the second
reading, bills referred to a select or joint committee are considered clause-by-clause.
Amendments can be introduced to various clauses by the members of the committee:

A Select Committee or a Joint Committee of both the Houses entrusted with the
consideration of a Bill issues a press communique and invites memoranda from the
public at large as well as from specialised interest groups to place materials and points
of view before the Committee. The Committee may also hear expert evidence and
representatives of special interest groups affected by the measure.[115]

b. Second Stage

The second stage of the second reading “consists of clause-by-clause consideration of

the Bill, as introduced in Lok Sabha or as reported by a Select or a Joint Committee or
as passed by Rajya Sabha, as the case may be.” Discussion and debate takes place “on
each clause of the Bill and amendments can be moved at this stage.”[116] Each
amendment and each clause is put to a vote. The amendments become part of the bill
if they are accepted by a majority of members present and voting. After the individual
clause(s), the schedules (if any), clause one, the enacting formula, and the long title of
the bill have been adopted with or without amendments by the House, the second
reading is deemed to be over.

4. Third Reading

The third reading of a bill is the stage at which the member-in-charge can move that
the bill be passed. At this stage “the debate is confined to arguments either in support
or rejection of the Bill without referring to the details thereof further than that are
absolutely necessary.”[117] According to the Parliament of India website,

[only formal, verbal or consequential amendments are allowed to be moved at this

stage. In passing an ordinary Bill, a simple majority of members present and voting is
necessary. But in the case of a Bill to amend the Constitution, a majority of the total
membership of the House and a majority of not less than two-thirds of the members
present and voting is required in each House of Parliament.[118]

5. Repeated in Other House

After a bill is passed in one house, “it is sent to the other House for concurrence with a
message to that effect.”[119] The legislative process of the Rajya Sabha is very
similar to the one in the Lok Sabha, described above.

The Lok Sabha website summarizes the relationship between the two houses in the
legislative process as follows:
On receipt of the message, the Bill is first laid on the Table of Rajya Sabha, which is
deemed as the First Reading stage of the Bill in that House. Thereafter, the Bill again
goes through the same stages, viz., the Second Reading stage comprising either the
discussion on the motion that the Bill be taken into consideration or its reference to a
Select Committee of that House and the Third Reading stage. Rajya Sabha may either
agree to the Bill, as passed by Lok Sabha, or return the Bill with amendments to Lok
Sabha for its concurrence.

Rajya Sabha is, however, required to return a Money Bill passed and transmitted by
Lok Sabha within a period of 14 days from the date of its receipt. Rajya Sabha may
return a Money Bill transmitted to it with or without recommendations. It is open to
Lok Sabha to accept or reject all or any of the recommendations of Rajya Sabha.

However, if Rajya Sabha does not return a Money Bill within the prescribed period of
14 days, the Bill is deemed to have been passed by both the Houses of Parliament at
the expiry of the said period of 14 days in the form in which it was passed by Lok
Sabha.[120]

If a bill is passed by one house and is rejected by the other house, or the houses have
finally disagreed as to the amendments to be made in the bill, or more than six months
lapse from the date of receipt of the bill by the other house without the bill being
passed by it, the President may, unless the bill has lapsed by reason of dissolution of
Lok Sabha, call a joint sitting of the two houses to resolve the deadlock.[121]

6. Presidential Assent
Presidential assent is the final step in the legislative process before a bill officially
becomes an Act of Parliament and part of India’s laws:

The President can give his assent or withhold his assent to a Bill. The President can
also return the Bill, if it is not a Money Bill, with his recommendations to the Houses
for reconsideration, and if the Houses pass the Bill again with or without amendments,
the President can not withhold his assent to a such a Bill. The President is bound to
give his assent to a Constitution Amendment Bill presented to him for assent.[122]

CONCLUSION

Therefore, in this exhaustive article about the Indian Parliament, we discussed

almost all the aspects and functions of the Parliament.

Parliament is an essential political and constitutional institution that forms the

bedrock of values reflecting those of democracy and representation of people and
thus is fundamental in achieving the constitutional goals.

Indian Parliament in Recent Perspective!

Parliament today has became more and more a multi-functional institution
performing a variety of roles, many of these being inter-related and often meshing
into one another.

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