B.A. (Hons.

) Political Science

Unit-II: Organs of Government

(a) THE LEGISLATURE: POWER AND FUNCTIONS

OF PARLIAMENT
Manila Narzary

STRUCTURE

1.1 Learning Objectives

1.2 Introduction
1.3 Rajya Sabha
1.4 Presiding officer of Rajya Sabha
1.5 Special Powers of Rajya Sabha
1.6 Lok Sabha
1.7 Term and Dissolution of the Lok Sabha
1.8 Relation between the two Houses
1.9 Sessions of the Parliament
1.10 Powers of Parliament
1.11 Amendment of the constitution
1.12 Legislative Procedure
1.13 Privileges, powers and Immunities of the members and House
1.14 The Parliamentary committees
1.15 Restrictions on the Parliament
1.16 Conclusion
1.17 Practice Questions
1.18 References

1.1 LEARNING OBJECTIVES

The lesson will discuss about the two houses of Indian Parliament i.e., Rajya Sabha and Lok
Sabha. The students would be the composition, features and distinction between both Rajya
Sabha and Lok Sabha. The lesson would discuss about various legislative Procedure, the
privileges, powers and immunities of the members of both the house. It would also make
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 Constitutional Government and Democracy in India

students understand about various the parliamentary committees and restrictions on the
Parliament.

1.2 INTRODUCTION

‘Legislature generally refers to that branch of government, which is concerned with the
enactment of laws, even though it does not enjoy exclusive control over legislation and
performs certain other functions as well’. Nature and functioning of Legislature in all
countries are not similar, it depends on the type of government they have adopted. The Union
Legislature in India is known as parliament. It consists of the President and two Houses
known respectively as the Council of States (Rajya Sabha) and the House of People (Lok
Sabha). It may be observed that though the president is not a member of either house of the
Parliament, yet he/she is regarded as an integral part of the parliament and performs
important functions in its proceedings, viz. he/she accords assent to bills passed by the
parliament and reserves the right to summon both houses and dissolve the Lok Sabha.

1.3 RAJYA SABHA

The Rajya Sabha or the council of states is a permanent house. It is also the upper chamber.
Rajya Sabha has 250 members out of which 238 are elected from the states and the union
territories. 12 members are nominated by the president of India, having special Knowledge or
practical experience in such matters as literature, science, art, and social services etc. the
representatives from union territories are chosen in such a manner as the Parliament may by
law determine.
The representatives from the states are elected by the members of the Legislative
Assemblies of the respective States based on proportional representative by means of single
transferable vote. The members of the union territories are elected as decided by a law of the
parliament. The membership of Rajya Sabha is not uniform for the states, it is noteworthy
that unlike the United States where the states I have been given equal representation in the
upper house (Senate), the states in India have been given representation in the Rajya Sabha
because of their population. “It is stipulated that for the first five million of its population, the
state will get one member per one million. After that for every additional two million, there
will be one member. Thus, the bigger states get more representation than the smaller states
like Sikkim and Tripura who send only one member to Rajya Sabha”.

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 B.A. (Hons.) Political Science

1.4 PRESIDING OFFICER OF RAJYA SABHA

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. As the presiding
officer of the Rajya Sabha his function and powers are same as those of the speaker. He is
however, not a member of the House. In addition, the Rajya Sabha elects a member as
Deputy Chairman, who discharges the function of the Chairman in his absence. When the
office of the Deputy Chairman also falls vacant, the Rajya Sabha chooses another member as
its Deputy Chairman.
Qualifications for Rajya Sabha
The Chairman for the purpose of presiding over Rajya Sabha in the absence of both the
Chairman and Deputy Chairman. The Secretariat of the Rajya Sabha is headed by a secretary
who discharges the same functions as the Secretary of the Lok Sabha. The functions of the
chairman in the Rajya Sabha are like those of the Speaker in the Lok Sabha except that the
Speaker has certain special powers according to the Constitution, for instance, of certifying a
Money Bill, or Presiding over a joint sitting of the two Houses.
Article 84 of the Constitution lays down the qualifications for membership of Parliament. A
person to be qualified for the membership of the Rajya Sabha should possess the following
qualifications:
1. He/she must be a citizen of India and make and subscribe before some person authorized
in that behalf by the Election Commission an oath or affirmation according to the form
set out for the purpose in the Third Schedule to the Constitution.
2. He/she must be not less than 30 years of age.
3. He/she must possess such other qualifications as may be prescribed in that behalf by or
under any law made by Parliament.
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.
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 Constitutional Government and Democracy in India

5. If he is so disqualified by or under any law made by Parliament.

Duration of Rajya Sabha
The Rajya Sabha is a permanent body and is not subject to dissolution. However, its members
are elected for a term of six years and one third of its members retire after every two years. It
may be observed that the original Constitution did not fix the term of Rajya Sabha members.
This was fixed by the parliament under the Representation of people Act, 1951. The term of
the members of the first batch of Rajya Sabha was decided by lottery (as to who would retire
after two years; four years or six years)

1.5 SPECIAL POWERS OF RAJYA SABHA

The Rajya Sabha being a federal chamber enjoys certain special powers under the
Constitution. All the subjects/areas regarding legislation have been divided into three Lists -
Union List, State List and concurrent List. Union and State Lists are mutually exclusive - one
cannot legislate on a matter placed in the sphere of the other. However, if Rajya Sabha passes
a resolution by a majority of not less than two-thirds of members present and voting saying
that it is “necessary or expedient in the national interest” that Parliament should make a law
on a matter enumerated in the State List, Parliament becomes empowered to make a law on
the subject specified in the resolution, for the whole or any part of the territory of India. Such
a resolution remains in force for a maximum period of one year, but this period can be
extended by one year at a time by passing a similar resolution further.
If Rajya Sabha passes a resolution by a majority of not less than two-thirds of the
members present and voting declaring that it is necessary or expedient in the national interest
to create one or more All India Services common to the Union and the States, Parliament
becomes empowered to create by law such services.
Under the Constitution, the President is empowered to issue Proclamations in the
event of national emergency, in the event of failure of constitutional machinery in a State, or
in the case of financial emergency. Every such proclamation has to be approved by both
Houses of Parliament within the stipulated period. Under certain circumstances, however,
Rajya Sabha enjoys special powers in this regard. If a Proclamation is issued at a time when
Lok Sabha has been dissolved or the dissolution of Lok Sabha takes place within the period
allowed for its approval, then the proclamation remains effective, if the resolution approving
it is passed by Rajya Sabha within the period specified in the Constitution under articles 352,
356 and 360.

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1.6 LOK SABHA

Lok Sabha or the House of People is the lower house of the Indian Parliament, and its
members are elected directly by the people. “Lok Sabha is to consist of not more than 550
elected members, 530 members are elected from the states and 20 members are elected from
union territories. There are two nominated members from the Anglo- Indian community.
Thus, the maximum strength of the house envisaged in the constitution is thus 552. The
number of seats allotted to the states varies according to the strength of their population, as
far as possible, in even ratio. This number will be split into territorial constituencies, as far as
possible, in even proportion of population ascertained by the previous census. This is done
through the appointment of a delimitation commission”.
Presiding officer of Lok Sabha
There shall be a speaker to preside over the House of the people. In general, his position is
similar to that of the speaker of the English House of Common. The Lok Sabha elects a
speaker and a deputy speaker from amongst its members, who cease to hold their office as
soon as they cease to be members of the Lok Sabha (Art.93). However, when the Lok Sabha
dissolved, the speaker continues in his office until immediately before the first meeting of the
Lok Sabha after its dissolution. The speaker and the deputy speaker can be removed from the
office before the expiry of their term if the House passes a resolution to this effect by a
majority of its members (Art.94). Such a resolution shall not be moved unless 14 days’ notice
has been of the intention to move the resolution. While a resolution for his removal is under
consideration, the speaker shall not preside, but he shall have right to speak in, and to take
part in the proceeding of the house. Similarly, the term of the speaker automatically gets
extended if the term of Lok Sabha is extended beyond five years. The speaker takes part in
the proceedings of the house but does exercise his votes except in case of a tie (Art.96). The
speaker will have the final power to maintain order within the house of the people and to
interpret its rules of procedure. In the absent of the quorum, it will be the duty of the speaker
to adjourn the house or to suspend the meeting until there is a quorum.
The speaker’s conduct in regulating the procedure or maintaining order in the House
will not be subject to the jurisdiction of any court (Art.122).
Besides presiding over the house, the Speaker possesses certain powers not belonging
to the Chairman of the Council of States-
a) The Speaker shall preside over a joint sitting of the two Houses of the Parliament
[Art.118 (4)].

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 Constitutional Government and Democracy in India

b) When the money bill is transmitted from the Lower House to the Upper House, the
speaker shall endorse on the bill his certificate that it is a Money Bill [Art. 110 (4)]. The
decision of the speaker as to whether a bill is Money Bill is final and once the certificate
is endorsed by the speaker on a Bill, the subsequent procedure in the passage of the bill
must be governed by the provisions relating to Money Bills.
While the office of the Speaker is vacant or the Speaker is absent from a sitting of the house,
the Deputy Speaker presides, except when a resolution for own removal is under
consideration.
Oath
Each Member of Parliament before taking his seat has to make and subscribe before the
president or some person appointed in that behalf by him, an oath or affirmation according to
the form set out for the purpose. If a person seats or votes in the house without taking oath or
affirmation, he shall be liable in respect of each day on which he so sits or votes to a penalty
of five hundred to be recovered as debt due to the union.
Qualifications to become member for Lok Sabha
A person to be eligible for membership of the Lok Sabha must possess following
qualifications.
1. He should be a citizen of India.
2. He must be at least 25 years of age for membership of the Lok Sabha.
3. He should make and subscribe to an Oath or affirmation according to the prescribed
form before the person authorized by the election commission.
4. He should possess such other qualifications as may be prescribed by parliament.
Disqualifications
In addition to these qualifications a candidate for membership of parliament should not suffer
from any of the following disqualifications.
1. The person should not be holding an office of profit under central and state government
2. Should not be person of unsound mind.
3. Should not be an undischarged insolvent
4. Should not have acquired the citizenship of a foreign state voluntarily
5. Should not be disqualified under any law made by the parliament.
6. Should not be guilty of corrupt practice at an election.

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 B.A. (Hons.) Political Science

7. Should not be convicted for an offence resulting in imprisonment for two or more years.
8. Should not have failed to lodge an account for election expenses.
9. Should not have an interest or share in the contract for supply of goods or in the
execution of any work.
10. Should not be a director or managing agent or hold any office of profit in a corporation.
11. Should not have been dismissed from government service for corruption or disloyalty to
the state.
Resignation and Removal of the Speaker /Deputy Speaker
The speaker can resign his office any time by submitting a resignation addressed to the
deputy speaker. Similarly, the deputy speaker can resign from his office by writing to the
speaker. The two officers can also be removed from their office before the expiry of their
term through a resolution of the House of the people passed by a majority of all the then
members of the House. The resolution for the removal of the speaker or Deputy speaker can
be moved only after fourteen days’ notice has been given indicating the intention to move
such a resolution.

1.7 TERM AND DISSOLUTION OF THE LOK SABHA

The Lok Sabha enjoys the term of five years from the date of its first session. The term of the
house was fixed at six-years under the Forty -second amendment, but it has been reduced to
five years by the Forty- Fourth of the Amendment. After the expiry of this term, the house
stands automatically dissolved. The life of the house can be extended during the proclamation
of an emergency by one year at a time. However, its term comes to an end six months after
the proclamation has ceased to be in operation.
The term of the House can be cut short if president dissolves it earlier on the advice of
the council of Ministers. Under the constitution, the council of Ministers is responsible to the
Lok Sabha for all its actions and stays in office if it enjoys the confidence of the parliament.
In case parliament shows lack of confidence in the council of Ministers, it must either tender
resignation or make room for the opposition to form the Government or advice the president
to dissolve the house and order fresh elections. The council will tender such advice only if it
feels that it still enjoys the confidence of the voters. It may be observed that after the 42nd
amendment, it has become obligatory for the president to act on the advice of the Council of
Ministers, which implies that he cannot refuse to dissolve the house if the council of
Ministers so recommends.

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 Constitutional Government and Democracy in India

1.8 RELATION BETWEEN THE TWO HOUSES

Under article 75(3) of the Constitution, the Council of Ministers is collectively responsible to
Lok Sabha which means Rajya Sabha cannot make or unmake the Government. It can,
however, exercise control over the Government and this function becomes quite prominent,
particularly when the Government does not enjoy majority in Rajya Sabha.
To resolve a deadlock between the two Houses, in the case of an ordinary legislation,
the Constitution provides for the joint sitting of both Houses. In fact, there have been three
occasions in the past when the Houses of Parliament have met in joint sitting to resolve
differences between them. Issues in joint sitting are decided by most of the total number of
members of both Houses present and voting. The joint sitting is held in the Central Hall of
Parliament House presided over by the Speaker, Lok Sabha. However, in the case of a Money
Bill, there is no provision in the Constitution for a joint sitting of both Houses as Lok Sabha
clearly enjoys pre-eminence over Rajya Sabha in financial matters. As regards a constitution
amendment Bill, it has been provided in the Constitution that such a Bill has to be passed by
the specific majority, as prescribed under article 368 of the Constitution, by both Houses.
There is, therefore, no provision for resolving a deadlock between the two Houses in regard
to a constitution amendment Bill.
Ministers may belong to either House of Parliament. The Constitution does not make
any distinction between the Houses in this regard. Every Minister has the right to speak and
take part in the proceedings of either House, but he is entitled to vote only in the House of
which he is a member.
Similarly, about powers, privileges and immunities of the Houses of Parliament, their
members and committees thereof, the two Houses are placed absolutely on equal footing by
the Constitution.
Other important matters in respect of which both Houses enjoy equal powers are
election and impeachment of the President, election of the Vice-President, approving the
Proclamation of Emergency, the proclamation regarding failure of constitutional machinery
in States and financial emergency. In respect of receiving reports and papers from various
statutory authorities, etc., both Houses have equal powers.
It is thus clear that except in the case of collective responsibility of the Council of
Ministers and certain financial matters, which fall in the domain of Lok Sabha only, both
Houses enjoy equal powers.

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1.9 SESSIONS OF THE PARLIAMENT

Generally, parliament has three sessions each year Budget Session, Monsoon session and
winter session. The constitution vests in the president the power to summon each house of
parliament at such time and place as he thinks fit. However, he must ensure that the gap
between the last sittings in one session in the next session is not more than six months. The
president can from time to time prorogue either houses or house of parliament. Proroguement
means that the president can terminate the session. It is quite different from adjournment of
the house which implies the suspension of the house and does not constitute an end to the
session. It may be noted that adjournment of the house is a privilege of the house. However,
proroguement of the houses of Parliament is the privilege of the President.
Quorum
“The quorum means the minimum number of required members to be present to enable the
House for its meeting. In both the Houses, the quorum is one-tenth of the total number of
members of the respective houses”.
Joint session of two Houses of Parliament
The president could convene joint sessions of the two houses of parliament if a bill
passed by one house is rejected by the other house; or one house disagrees with the
amendments proposed by the other house; or in the case of one house having passed a bill
and the other house not passing that bill for more than six months. In these cases, the
president must notify the houses by sending a message of his intention to summon them for a
joint sitting for the purpose of deliberation and voting on the bill in dispute. At the joint
sitting of the two houses, the bill is passed by a majority of the total members of both houses
present and voting. The joint sitting of two houses is presided over by the speaker of the Lok
Sabha or by such person as may be determined by rules or procedure.

1.10 POWERS OF PARLIAMENT

The powers assigned to the Parliament by the Constitution can be studied under following
categories.
Legislative power
The parliament has power to legislate on all subjects enumerated in the Union list, the
Concurrent list and matters not included in any of the three list viz. residuary subjects.
Though the state legislatures can also make laws on the subjects mentioned in the concurrent
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list, the laws made by the union legislature enjoy precedence over the laws made by the state
legislature. The Parliament can also legislate on a subject in the state list if the Rajya Sabha
passes a resolution by two-thirds majority of the members present and voting declaring that a
particular matter mentioned in the state list is of national interest. The parliament can also
legislate on the subjects in the state list during proclamation of a national emergency or an
emergency due to breakdown of constitution of international treaties, agreements,
conventions or decisions made at international conferences and associations. The states can
also request the parliament to legislate on a states subject if the legislatures of two or more
states pass a resolution to this effect.
It may be observed that in matters of legislation, the two houses enjoy co-equal
powers, and the legislative proposals can be initiated in either of the two houses. But the
approval of both the houses is essential for the passage of the law. In case of differences
between the two houses on any legislative matter, the differences are resolved by arranging
joint sittings of the two houses.
Financial power
The powers of Lok Sabha and Rajya Sabha over money bills are not equal. The Lok Sabha
enjoys real supremacy over the Upper House because it controls the pursuit of the nation. The
money bills can originate only in the Lok Sabha and, after it is passed by the Lok Sabha it is
refer to the Rajya Sabha for recommendation. The Rajya Sabha must return the money bill to
the Lok Sabha within fourteen days of its receipt with or without its recommendations. The
union government cannot incur any expenditure or levy any taxes without the consent of the
Parliament. However, the Lok Sabha is free to accept or reject these recommendations. If the
recommendations of the Rajya Sabha are passed by the Lok Sabha, the bill is deemed to have
been passed by both the houses in its amended form. On the other hand, if the Rajya Sabha
does not return the bill to Lok Sabha within fourteen days, or the recommendations of Rajya
Sabha are not acceptable to the Lok Sabha, the bill is deemed to have been passed by both the
houses in the form in which it was originally passed by the Lok Sabha. Thus, the Rajya Sabha
can merely delay the enactment of a money bill for a period of fourteen days. It is to be noted
that the final decision regarding whether a bill is a money bill or not rests with the speaker of
the Lok Sabha.
Control over Executive
The Parliament also exercises effective control over the executive. Under the Parliamentary
system of government provided under the Indian Constitution, the Council of Ministers,
which is the real executive, is collectively responsible to the Parliament and stays in office as
long as it enjoys its confidence. If the parliament passes the vote of no- confidence against
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the council of Ministers, it must quit office. The parliament keeps constant control over the
activities of the government and can seek information and clarification on various issues and
policies. For this purpose, the Parliament makes use of instruments like questions,
supplementary questions, adjournment motions, cut motion, call attention notices etc. the
vote of no-confidence is a rare instrument and is resorted to only in extreme cases. When a
no-confidence motion is passed against the council of ministers, it may not tender a
resignation and advice the president to dissolve the Lok Sabha and order fresh elections.
Thus, the Parliament hardly exercises any effective control over the executive. In fact, it is
the executive which directs and controls the parliament. On account of rigid party discipline,
the parliament invariably approves the proposals submitted by the council of ministers
blindly endorses and its policies. Parliament may discuss debate, criticize and sometimes
bitterly attack the policies of the government, but ultimately it approves the actions and
decisions of the council of ministers.
With regard to control over the executive, the position of Lok Sabha and Rajya Sabha
is not identical. In this regard the Lok Sabha is better placed. Lok Sabha in respect of control
over the executive is more fortunate than the Rajya Sabha. It can seek information from the
ministers about their policies and criticize them for their lapses. Only Lok Sabha can
entertain censure or even propose a vote of no-confidence against the government. The Rajya
Sabha, however, does not enjoy any effective control over the executive. It may seek
information from the ministers and criticize their policies, but it certainly cannot oust the
ministry through a vote of no-confidence.

1.11 AMENDMENT OF THE CONSTITUTION

Parliament plays a significant role in the amendment of the constitution. Under the Indian
Constitution, amendment to the constitution can be initiated only by the parliament and the
state legislature does not enjoy any power in this regard. A major portion of the constitution
can be amended by the parliament by two-thirds majority or simple majority without seeking
approval of the states. Only certain provision which relate to the federal character of the
Indian polity, powers of the Union and State Governments, election of President, the
Supreme Court and High Courts, representation of the states in parliament etc. require
approval of a majority of the state legislatures for amendment vests equal power in the two
houses of Parliament.
Electoral Power
The elected members of the two houses of Parliament participate in the election of the

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President along with the elected members of the state Legislative Assemblies. The elected
members of the two houses of Parliament also elect the Vice-President of India.
Approval of Emergency
The approval of the Parliament is essential for continuance of emergency under Article
352,356 and 360beyond a certain period. The proclamation of emergency under Article 352
must be approved by the Parliament within 30 days, while the emergencies declared under
Articles 356 and 360 must be approved by the Parliament within two months.
Power of Removing Certain Officials
The Parliament enjoys the power to recommend the removal of judges of Supreme Court and
High Courts, Comptroller and Auditor General, the Chairman and Members of Union Public
Service Commissions etc. Resolution for the removal of these officials must be passed by
each house of the Parliament by a majority of the total membership of that house which
should not be less than two-thirds majority of the members of the House present and voting.
Impeachment of the President
The Parliament enjoys the rights to impeach the President for the violation of the
Constitution. The impeachment proceedings can be initiated in either house of Parliament.
After the charges have been preferred by one house, the other house investigates the charges
so preferred. If the investigating house passes a resolution by two-third s majority of total
membership sustaining the charge, the President stands removed from his office.
Creation of new India Services
The parliament can also create new All India Services in the national interest. For this
purpose, the Rajya Sabha has to pass resolution by two-thirds majority of its members present
and voting, whereupon the Parliament can proceed with the creation of new All India
Services. In exercise of this power, the Parliament created All India Engineering Service, All
India Forest Service, and Indian Medical and Health Services.

1.12 LEGISLATIVE PROCEDURE

After having a brief idea about the powers and position of the Indian Parliament, it is
important to have an idea about its legislative procedures.
An ordinary bill can originate in either House of the parliament. After it has been
passed by one house it is sent to the other house for consideration. The other house can either
pass the bill in the same form; or pass it with certain amendments; or reject it; or may not
take any decision on it. If the bill is passed by the other house in the same form, it is

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transmitted to the president for his assent. If the house passes the bill with certain
amendments, the bill is sent back to the house of its origin for reconsideration. If the first
house agrees with these amendments, the bill is sent to the president for his assent in its
modified form. But if the house of origin does not agree with the amendments proposed by
the other house, or if the bill is rejected by the other house, or the other house does not take
any action on the bill for six months, a sort of deadlock is created. This deadlock is resolved
through a joint sitting of two houses. If at the joint sitting the bill is passed by a majority of
the total members of both the houses present and voting, it is deemed to have been passed by
both the houses. Usually, at such a joint sitting the Lok Sabha has a greater say on account of
its greater numerical strength.
President’s Assent
The President’s Assent is vital for a bill to become an Act. After a bill has been passed by the
Parliament and referred to the president for his assent, the president can either give his assent
or withhold his assent. If he gives his assent, the bill becomes an Act. However, if the
president chooses to withhold his assent, he may return the bill to the house with his
recommendations. If the houses pass the bill again with or without amendments the president
has to append his signature.
Financial Procedure
A money bill cannot be introduced in the Council of States or Rajya Sabha, it can only be
introduced in Lok Sabha. When a money bill is passed by the House of People or Lok Sabha,
it is sent to the Rajya Sabha for its recommendations. The Rajya Sabha within a period of 14
days from the date of receipt of the bill returns the bill to the Lok Sabha with its
recommendations. The Lok Sabha may either accept or reject all or any of the
recommendations, and in either case the bill is considered to have passed by both the houses
in the form in which in which it passed by the Lok Sabha .if the money bill is not returned by
Rajya Sabha to Lok Sabha within the said period of 14 days, it shall be deemed to have been
passed by Houses at the expiration of the said period.

1.13 PRIVILEGES, POWERS AND IMMUNITIES OF THE

MEMBERS AND HOUSE

Some of the privileges and Immunities of the houses of Parliament, Members and
Committees are specified in the Constitution under Article 105 while some are contained in
certain statutes and the Rules of Procedure of the Houses and also in conventions which have
grown over the years.
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 Constitutional Government and Democracy in India

Some of the important privileges and immunities are-

• Freedom of speech in Parliament and immunity of a member from any proceedings in
any court in respect of anything said or any vote given by him in Parliament or any
Committee thereof.
• Immunity to a person from proceedings in any court in respect of the publication by
or under the authority of either House of Parliament of any report, paper, votes or
proceedings.
• Prohibition on the courts to inquire into proceedings of Parliament.
• Freedom from arrest of members in civil cases during the continuance of the session
of the House and forty days before the commencement and forty days after its
conclusion.
• Exemption of a member from initiation of a legal process civil or criminal arrest
within the precincts of the House without obtaining permission of the speaker.

1.14 THE PARLIAMENTARY COMMITTEES

To cope with the ever-increasing work, the Indian Parliament has set up a number of
committees. The committee plays an effective role in the working of the Indian Parliament.
The members of these committees are appointed by the speaker or elected by the House from
amongst its members. These committees are authorized to call witnesses and collect evidence
by asking for official papers and records. Sometimes it is called as mini-Legislatures.
Parliamentary committees are of two types- Adhoc Committees and Standing
Committees. An Ad hoc committee is appointed for a specific purpose and when it has
finished its work and has submitted its report, it ceases to exist. The best known and most
regular examples of Ad hoc Committees are the select and joint committees on bills. Such
committees are appointed on other matters as well. One such committee functioning at
present is the Railways Convention Committee.
Each house has a number of standing committees. The Rajya Sabha and Lok Sabha
each have a business Advisory Committee, a Committee on Petitions, a Committee of
Privileges and Rules Committee. The Lok Sabha has in Addition a number of other
Committees.
Of special importance is yet another class of Committees which acts as Parliament’s
“watch Dogs” over the executive. These are: the committee on subordinate Legislation, the

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 B.A. (Hons.) Political Science

Committee on Government Assurance, the Estimates committee, the Public Account

committee, Committee on public undertakings. The Estimates Committee, the Public
Account Committee and the Committee on Public Undertakings play an important role in
exercising checks on Governmental Expenditure.
The functions and composition of the important Committees of Parliament are-
Business advisory committee: this committee is concerned with the planning and
regulation of the House. It also advises the House regarding allocation of time for the
discussion of various issues. This committee was formed at the beginning of the Lok Sabha’s
session and consists of 15 members. The speaker is the chairman of the committee. To ensure
the smooth working of the house, the leaders of the major opposition parties are also
associated with this committee.
Committee on private members bills and Resolutions: this committee examines the
bills submitted by the members of the House and classifies them according to their
importance and need. This Committee consists of 15 members who are nominated by the
Speaker for a term of one year.
Select committee on bills: there are a number of select committees of the house which
collect information on various issues and submit necessary reports on the basis of the
examination of relevant material and witness. The committee is dissolved soon after it has
submitted the report on the subject under reference. The numbers of the select committee are
appointed by the house. The strength of the members of various select committees also
differs according to the importance of the bill.
Committee on public undertaking: this committee consists of 22 members- 15 from the Lok
Sabha and 7 from the Rajya Sabha. The members of the committee hold office for a term of
one year. The committee was constituted for the first time with effect from 1stMay, 1964.
The functions of the committee on public Undertakings are:
1. To examine the reports and accounts of the public undertakings.
2. To examine the reports, if any, of the comptroller and auditor general on the Public
Undertakings.
3. To examine in the context of the autonomy and efficiency of public undertakings,
whether the affairs of the public undertakings, are being managed in accordance with
sound principles and prudent commercial practices; and
4. To exercise such other functions vested in the public Accounts Committee and the
Estimates Committee in relation to the Public Undertakings as are not covered by clause

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 Constitutional Government and Democracy in India

1, 2, and 3 above and as may be allotted to the committee by the Speaker from time to
time. The committee does not, however, examine matters of major Government policy
and day to day administration of the Undertakings.
Committee on petitions: this committee examines the petitions made by the members of the
House and suggests remedial measures. The committee consists of not less than 15 members
in the Lok Sabha and 10 members in the Rajya Sabha. The members of the committee are
nominated by the presiding officers of the respective House. A minister is not nominated to
this committee and if a member is appointed a Minister after his nomination to this
committee, he ceases to be a member of the committee from the date of such appointment.
Committee on Government Assurances: this committee examines the various assurances and
undertakings given by the ministers on the floor of the house to find out how far these have
been fulfilled or implemented within the stipulated for one year. The ministers are not
eligible for membership of the committee.
Rules committee: the rules committee consists of 15 members nominated by the speaker with
the speaker as the ex-officio Chairman of the committee. The Committee considers matters of
procedure and conduct of business in the House and recommends changes/ amendments to
the Rules of procedure and conduct of Business in Lok Sabha, if necessary.
Committee on absence of Members: the committee consists of 15 members who hold office
for one year. The members are nominated by the Speaker. This Committee considers all
application from members for leave of absence from the sittings of the House and examines
every case where a member has been absent for a period of 60 days or more, without
permission, from the sittings of the House which might also be equivalent to declaring that
particular seat to be vacant as has been specified in the Constitution.
The Estimate committee: this committee consists of 30 members who are elected by the Lok
Sabha every year from among its members. Unlike the PAC and the Committee on Public
Undertakings, the members of Rajya Sabha are not associated with it. A minister is not
eligible for election of this committee. The life of the Committee is one year.
Committee on privileges: this committee consists of not more than 15 members in the Lok
Sabha and not more than 10 members in the Rajya Sabha. Its function is to examine every
question of privilege of the House or of the members or of any of its committees referred to it
by the House or by the Speaker/Chairman. It determines, with reference to the facts of each
case, whether a breach of privilege is involved and makes suitable recommendations in its
report to the House.
Committee on the welfare of Scheduled Caste and Scheduled Tribes: this committee consists
of 30 members-20 members from the Lok Sabha and 10 members from the Rajya Sabha. The
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School of Open Learning, University of Delhi
 B.A. (Hons.) Political Science

committee considers all matters related to the welfare of the Scheduled Caste and the
Scheduled Tribes and keeps a watch whether the constitutional safeguards in respect of these
classes are properly implemented.
The Public Accounts Committee: this is also a joint committee of the two Houses. It consists
of 22 members- 15 members from Lok Sabha and 7 members from the Rajya Sabha. It may
be noted that the Rajya Sabha members are only associate members and not entitled to vote.
The members of the committee are elected for one year but by convention they generally
continue in office for at least two years. The election is held on the basis of proportional
representation through a single transferable vote. The ministers cannot be members of this
committee. The Chairman of the committee is appointed by the Speaker from amongst its
members. However, if the deputy Speaker happens to be the member of the Committee, he
ipso facto becomes its chairman. The main duty of the committee is to ascertain whether the
money granted by Parliament has been spent by Government” within the scope of demand”.
The appropriation accounts of the Government of India and the Audit Report presented by the
comptroller and Auditor- General mainly form the basis for examination by the committee.
Cases involving losses, nugatory expenditure and financial irregularities come in for severe
criticism from the committee. The committee is not concerned with the question of policy. It
is concerned only with the execution of the policy laid down by Parliament and its result.
This committee is for one year.
Joint Committee on office of profit: this joint committee consists of 15 members, on a
government motion moved in the Lok Sabha and concurred by the Rajya Sabha, 10 members
are elected from Lok Sabha and 5 members are elected from Rajya Sabha according to
principles of proportional representation by means of single transferable vote. The committee
is constituted for the duration of each Lok Sabha. The Speaker nominates the Chairman from
among the elected members. Main functions of the Committee are to examine the
composition and character of the Committees and other bodies appointed by the Central and
the State Governments and to recommend what offices should disqualify and should not
disqualify a person from being a member of the Parliament under Article 102 of the
Constitution.
Committee on subordinate legislation: this committee consists of 15 members nominated by
the Speaker. The function of the committee is related to what is commonly known as
delegated legislation. The main function of the committee is to scrutinize and report to the
house whether the powers to make regulations, rules, sub rules, by –laws conferred by
Constitution or delegated by Parliament are being properly exercised by the executive within
the scope of such delegation.

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 Constitutional Government and Democracy in India

The committees are an instrument of parliament, not of government. Their role is advisory,
obviously they are not meant to dislodge the cabinet, only to improve their performance by
scrutiny and control.

1.15 RESTRICTIONS ON THE PARLIAMENT

The Indian Parliament is not a sovereign body like the British Parliament and there are
serious limitations on its authority.
Federal system of Government: in the first instance, the Constitution provides for a federal
system of government based on distribution of powers between the centre and the states. The
two must operate within the jurisdiction earmarked for them. This greatly restricts the
authority of Parliament.
Written constitution: the written constitution of India also greatly restrains the authority of the
parliament. Parliament must operate within the parameters set by the Constitution. No doubt,
under certain conditions the parliament is authorized to make laws even on subjects allotted
to the states, but it has to operate strictly in accordance with the provisions of the Constitution
in this regard. The Parliament cannot affect any changes in those provisions of the
Constitution which relate to the relations between the Centre and the states.
Judicial review: India has adopted the principle of judicial review which greatly restricts the
authority of the Parliament. According to this principle, the Supreme Court of India can
declare a law passed by Parliament as unconstitutional if it contravenes any provision of the
Constitution. In Britain the Courts have no power to pronounce upon the constitutionality or
loyalty of the laws passed by the parliament.
Fundamental rights: the incorporation of fundamental rights in the Constitution has also
restricted the authority of the parliament. The Parliament cannot make any law which
contravenes the fundamental rights enshrined in the Constitution and if it does so, the same
can be declared as ultra vires by the courts.

1.16 CONCLUSION

India has bicameral legislature with many similarities with British parliament, but the houses
are less powerful. There are many restrictions on it.

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School of Open Learning, University of Delhi
 B.A. (Hons.) Political Science

1.17 PRACTICE QUESTIONS

1. Write an essay on the role and function of the Parliament in India.

2. Examine the similarities and difference between working of Lok Sabha and Rajya
Sabha.

1.18 REFERENCES

1. Bakshi P.M., The Constitution of India, Universal Law Publishing, Delhi, 2000.
2. Basu D.D., Introduction to the Constitution of India, Prentice-Hall of India, New
Delhi, 1992.
3. Jain M.P., Indian Constitutional Law, Wadhwa & Company, Nagpur, 1999.
4. Pylee M.V., India’s Constitution, S. Chand & Company, New Delhi, 1994.
5. Rao K.V., Parliamentary Democracy of India: A Critical Commentary, The World
Press, Calcutta, 1961.
6. Singh M.P. & Saxena R., Indian Politics: Contemporary Issues and Concerns,
Prentice-Hall of India, New Delhi, 2008.

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School of Open Learning, University of Delhi