PARLIAMENT
ABOUT PARLIAMENT-
The Parliament of India is the supreme legislative body of the Republic of India. It is
a bicameral legislature composed of the President of India and the two houses:
the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The
President in his role as head of the legislature has full powers to summon and
prorogue either house of Parliament or to dissolve Lok Sabha. The president can
exercise these powers only upon the advice of the Prime Minister and his Union
Council of Ministers.
Those elected or nominated (by the President) to either house of Parliament are
referred to as Members of Parliament (MP). The Members of Parliament, Lok
Sabha are directly elected by the Indian public voting in Single-member districts, and
the Members of Parliament, Rajya Sabha is elected by the members of all State
Legislative Assembly by proportional representation.
The constituent assembly of India was constituted to write the constitution of India
after we gained independence from the British in 1947.
The Sansad Bhavan (Parliament House) is located in New Delhi. It was designed
by Edwin Lutyens and Herbert Baker, who were responsible for the planning and
construction of New Delhi by the British government. The construction of buildings
took six years and the opening ceremony was performed on 18 January 1927 by the
then Viceroy and Governor-General of India, Lord Irwin.
Present Speaker of the Lok Sabha – Om Birla
G. V. Malvankar was the first speaker for Lok Sabha (15 May 1952 – 27 Feb 1956)
COMPOSITION
The Indian Parliament consists of two houses called the Lok Sabha and the Rajya
Sabha with the President of India acting as their head.
President of India
The President of India, the head of state, is a component of Parliament. Under Article
60 and Article 111, the President’s responsibility is to ensure that laws passed by the
Parliament are in accordance with the constitutional mandate and that the stipulated
procedure is followed before according his/her approval to the bills.
The President of India is elected for a period of 5 years and is elected by the Members of
Parliament and state legislatures.
Lok Sabha
Lok Sabha (House of the People) or the lower house has 543 members. 543 members are
directly elected by citizens of India on the basis of their work and the region from which they
are standing.
Session of Lok Sabha is Headed by Speaker.
Every citizen of India who is over 18 years of age, irrespective of gender, caste, religion, or
race and is otherwise not disqualified, is eligible to vote for the Lok Sabha.
The Constitution allows the Lok Sabha to have a maximum strength of 552 members. They
have a term of five years. To be eligible for membership in the Lok Sabha, a person must be a
citizen of India and must be 25 years of age or older, mentally sound, should not be bankrupt,
and should not be criminally convicted.
Disqualifications
Holds any office of profit under the Government of India (other than an office
permitted by Parliament of India by law).
Is of unsound mind.
Is an undischarged insolvent.
Has ceased to be a citizen of India.
Is so disqualified by any law made by the Indian parliament.
Is so disqualified on the ground of defection.
Has been convicted, among other things, for promoting enmity between different
groups.
Has been convicted for offence of bribery.
Has been punished for preaching and practising social crimes such
as jihad, untouchability, dowry, or sati.
Has been convicted for an offence and sentenced to imprisonment of more than
two years.
Has been dismissed for corruption or for disloyalty to the state (in case of a
government servant)
Rajya Sabha
Rajya Sabha (Council of States) or the upper house is a permanent body not subject to
dissolution. One-third of the members retire every second year and are replaced by newly
elected members. Each member is elected for a term of six years.
Session of Rajya Sabha is Headed by Chairman.
Its members are indirectly elected by members of the legislative bodies of the states. The
Rajya Sabha can have a maximum of 250 members. It has an allowed strength of 245
members, of which 233 are elected from States and Union Territories and 12
are nominated by the President of India. The number of members that can be elected from a
state depends on the population of that very state. The minimum age for a person to become a
member of Rajya Sabha is 30 years.
Disqualifications
Article 102 of the Constitution lays down that a person shall be disqualified for being chosen
as, and for being, a member of either House of Parliament –
1. if he holds any office of profit under the Government of India or the Government of
any State, other than an office declared by Parliament by law not to disqualify its
holder;
2. if he is of unsound mind and stands so declared by a competent court;
3. if he is an undischarged insolvent;
4. if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign
State, or is under any acknowledgement of allegiance or adherence to a foreign State;
5. if he is so disqualified by or under any law made by Parliament.
SESSIONS OF PARLIAMENT OF INDIA
The period during which the parliament assembles to conduct its business. The President has
the power to summon each house at certain intervals and there should not be a more than 6
months gap in between the assembly.
Parliament should meet at least twice a year. Usually, parliament conducts 3 sessions in a
year.
Budget session: February to May
Monsoon session: July to September
Winter session: November to December
FUNCTIONS
Legislative Functions
The Parliament legislates on all matters mentioned in the Union List and the
Concurrent List.
In the case of the Concurrent List, where the state legislatures and the Parliament have
joint jurisdiction, the union law will prevail over the states unless the state law had
received the earlier presidential assent. However, the Parliament can any time, enact a
law adding to, amending, varying or repealing a law made by a state legislature.
The Parliament can also pass laws on items in the State List under the following
circumstances:
o If Emergency is in operation, or any state is placed under President’s Rule
(Article 356), the Parliament can enact laws on items in the State List as well.
o As per Article 249, the Parliament can make laws on items in the State List if
the Rajya Sabha passes a resolution by ⅔ majority of its members present and
voting, that it is necessary for the Parliament to make laws on any item
enumerated in the State List, in the national interest.
o As per Article 253, it can pass laws on the State List items if it is required for
the implementation of international agreements or treaties with foreign
powers.
o According to Article 252, if the legislatures of two or more states pass a
resolution to the effect that it is desirable to have a parliamentary law on any
item listed in the State List, the Parliament can make laws for those states.
Executive Functions (Control over the Executive)
In the parliamentary form of government, the executive is responsible to the legislature.
Hence, the Parliament exercises control over the executive by several measures.
By a vote of no-confidence, the Parliament can remove the Cabinet (executive) out of
power. It can reject a budget proposal or any other bill brought by the Cabinet. A
motion of no-confidence is passed to remove a government from office.
The MPs (Members of Parliament) can ask questions to the ministers on their
ommissions and commissions. Any lapses on the part of the government can be
exposed in the Parliament.
Adjournment Motion: Allowed only in the Lok Sabha, the chief objective of the
adjournment motion is to draw the attention of the Parliament to any recent issue of
urgent public interest. It is considered an extraordinary tool in Parliament as the
normal business is affected.
The Parliament appoints a Committee on Ministerial Assurances that sees whether
the promises made by the ministers to the Parliament are fulfilled or not.
Censure Motion: A censure motion is moved by the opposition party members in the
House to strongly disapprove any policy of the government. It can be moved only in
the Lok Sabha. Immediately after a censure motion is passed, the government has to
seek the confidence of the House. Unlike in the case of the no-confidence motion, the
Council of Ministers need not resign if the censure motion is passed.
Cut Motion: A cut motion is used to oppose any demand in the financial bill brought
by the government.
Financial Functions
Parliament is the ultimate authority when it comes to finances. The Executive cannot spend a
single pie without parliamentary approval.
The Union Budget prepared by the Cabinet is submitted for approval by the
Parliament. All proposals to impose taxes should also be approved by the Parliament.
There are two standing committees (Public Accounts Committee and Estimates
Committee) of the Parliament to keep a check on how the executive spends the money
granted to it by the legislature. You can also read on parliamentary committees.
Also see: Money Bills.
Amending Powers
The Parliament has the power to amend the Constitution of India. Both Houses of the
Parliament have equal powers as far as amending the Constitution is concerned. Amendments
will have to be passed in both the Lok Sabha and the Rajya Sabha for them to be effective.
Read about the important amendments in the Indian Constitution here.
Electoral Functions
The Parliament takes part in the election of the President and the Vice President. The
electoral college that elects the President comprises of, among others, the elected members of
both Houses. The President can be removed by a resolution passed by the Rajya Sabha agreed
to by the Lok Sabha.
Judicial Functions
In case of breach of privilege by members of the House, the Parliament has punitive powers
to punish them. A breach of privilege is when there is an infringement of any of the privileges
enjoyed by the MPs.
A privilege motion is moved by a member when he feels that a minister or any
member has committed a breach of privilege of the House or one or more of its
members by withholding facts of a case or by giving wrong or distorted facts. Read
more on privilege motion.
In the parliamentary system, legislative privileges are immune to judicial control.
The power of the Parliament to punish its members is also generally not subject to
judicial review.
Other judicial functions of the Parliament include the power to impeach the President,
the Vice President, the judges of the Supreme Court, High Courts, Auditor-General,
etc.
Other powers/functions of the Parliament
Issues of national and international importance are discussed in the Parliament. The
opposition plays an important role in this regard and ensures that the country is aware
of alternate viewpoints.
A Parliament is sometimes talked of as a ‘nation in miniature’.
In a democracy, the Parliament plays the vital function of deliberating matters of
importance before laws or resolutions are passed.
The Parliament has the power to alter, decrease or increase the boundaries of
states/UTs.
The Parliament also functions as an organ of information. The ministers are bound to
provide information in the Houses when demanded by the members.
PRIVILEGES
Privileges of Parliamentarians:
Freedom of Speech: According to the Indian Constitution, the members of
Parliament enjoy freedom of speech and expression. No member can be taken
to task anywhere outside the four walls of the House (e.g. court of law) or
cannot be discriminated against for expressing his/her views in the House and
its Committees.
Freedom from Arrest: It is understood that no member shall be arrested in a
civil case 40 days before and after the adjournment of the House (Lok Sabha or
Rajya Sabha) and also when the House is in session. It also means that no
member can be arrested within the precincts of the Parliament without the
permission of the House to which he/she belongs.
Exemption from attendance as witnesses: The members of Parliament also
enjoy freedom from attendance as witnesses.
Privileges of Parliament:
Right to publish debates and proceedings:
Though by convention, the Parliament does not prohibit the press to publish its
proceedings, yet technically the House has every such right to forbid such
publication.
Again, while a member has the privilege of freedom of speech in Parliament, he
has no right to publish it outside Parliament.
Anyone violating this rule can be held responsible for any libellous matter it
may contain under the common law rules.
Right to exclude strangers:
Each house of Parliament enjoys the right to exclude strangers (no-members or
visitors) from the galleries at any time and to resolve to debate with closed
doors.
Right to punish members and outsiders for breach of its privileges:
In India, the Parliament has been given punitive powers to punish those who
are adjudged guilty of contempt of the House.
Such contempt can be committed by the members of any House or any outsider.
When a member of the House is involved for parliamentary misbehaviour or
commits contempt he can be expelled from the House.
Right to regulate the internal affairs of the House:
The House has the right to regulate its internal affairs. A member of the House
is free to say whatever he likes subject only to the internal discipline of the
House or the Committee concerned.
