Indian Parliament

The Parliament of India, also known as the Sansad, is the supreme legislative
body of the country. Through its multifunctional roles, the Parliament of India
plays a crucial role in shaping the course of the nation. This article aims to
study in detail the Parliament of India, related constitutional provisions,
organizational structure, the unique position of the two Houses of the Indian
Parliament, and other related aspects.

About Indian Parliament

 The Parliament of India, also known as the Sansad, is the legislative

organ of the Union Government.

 The Constitution of India has envisaged the Parliament or the Sansad as

the supreme legislative body of the country.

 As per its assigned constitutional jurisdiction, the Parliament of India

enacts laws, holds the government accountable, and serves as a symbol
of India’s vibrant democratic spirit.

Constitutional Provisions Related to Parliament of India

Articles 79 to 122 in Part V of the Indian Constitution deal with the provisions
related to the Parliament of India, including its organization, composition,
duration, officers, procedures, privileges, powers, and other related aspects.

Organisation of Parliament of India

As per the Constitutional framework, the Parliament of India consists of three

parts:

 The President of India,

 The Council of States or the Rajya Sabha, and

 The House of the People or the Lok Sabha.

 President of India
The President of India is an integral part of the Indian Parliament and
performs crucial functions relating to the proceedings of the Parliament of
India such as:

 Summoning or proroguing the Parliament

 Dissolving the Lok Sabha.

 Summoning a joint sitting of both the Houses of Parliament.

 Addressing the joint sitting of the Parliament at the commencement of

the first session after each general election and the first session of each
year.

 Promulgating ordinances when the Parliament is not in session, etc.

Rajya Sabha (Council of States)

 The Rajya Sabha is the Upper House or the First Chamber or the House
of Elders of India’s bicameral Parliament.

 Literally meaning the “Council of States”, the Rajya Sabha has been
envisaged as the House that represents the interests of the States and
Union Territories of the Indian Union.

Lok Sabha (House of the People)

 The Lok Sabha is the Lower House or the Second Chamber or

the Popular House of India’s bicameral Parliament.

 Literally meaning the “House of the People”, the Lok Sabha has been
envisaged as the House of the Parliament, composed of directly elected
representatives of the Indian populace.

Position of Rajya Sabha vis-a-vis Lok Sabha

The constitutional position of the Rajya Sabha vis-a-vis Lok Sabha in

the Parliament of India can be analyzed under the following three heads:
  Where Rajya Sabha is equal to Lok Sabha.

 Where Rajya Sabha is unequal to Lok Sabha.

 Where Rajya Sabha has special powers that are not at all shared with the
Lok Sabha.

Where Rajya Sabha is equal to Lok Sabha

The powers and status of the Rajya Sabha are equal to that of the Lok Sabha in
the following matters:

 Introduction and passage of Ordinary Bills.

 Introduction and passage of Constitutional Amendment Bills.

 Introduction and passage of Financial Bills involving expenditure from

the Consolidated Fund of India (CFI).

 Election and impeachment of the President of India.

 Election and removal of the Vice President.

 However, the Rajya Sabha alone can initiate the removal of the Vice
President.

 He/she is removed by a resolution passed by the Rajya Sabha by

an Effective Majority and agreed to by the Lok Sabha by a Simple
Majority.

 Making recommendations to the President for the removal of the Chief

Justice and Judges of the Supreme Court and High Courts, Chief Election
Commissioner, and Comptroller and Auditor General of India.

 Approval of Ordinances issued by the President of India.

 Approval of proclamation of all three Types of Emergencies by the

President of India:

o National Emergency (Article 352)

o President’s Rule (Article 356)

 o Financial Emergency (Article 360)

 Selection of Ministers including the Prime Minister.

o Under the Constitution, the Ministers including the Prime Minister

can be Members of either House of the Parliament.

o However, irrespective of their membership, they are responsible

only to the Lok Sabha.

 Consideration of the reports of the Constitutional Bodies like

the Finance Commission, Union Public Service Commission, Comptroller
and Auditor General, etc.

 Enlargement of the jurisdiction of the Supreme Court and the Union

Public Service Commission.

Where Rajya Sabha is not equal to Lok Sabha

The powers and status of the Rajya Sabha are unequal to that of the Lok Sabha
in the following matters:

 A Money Bill can be introduced only in the Lok Sabha and not in the
Rajya Sabha.

 The Rajya Sabha cannot amend or reject a Money Bill.

o It should return the bill to the Lok Sabha within 14 days, either
with recommendations or without recommendations.

 The Lok Sabha can either accept or reject all or any of the
recommendations of the Rajya Sabha.

o In both cases, the Money Bill is deemed to have been passed by

the two Houses of Parliament.

 A Financial Bill, which includes more than just the matters specified in
Article 110, can only be introduced in the Lok Sabha and not in the Rajya
Sabha.

o However, both Houses have equal powers in the passing of the

bill.
  The final decision on whether a particular bill is a Money Bill or not rests
with the Speaker of the Lok Sabha.

 The Speaker of Lok Sabha presides over the joint sitting of both the
Houses of Parliament.

 The Lok Sabha with a greater number wins the battle in a joint sitting
except when the combined strength of the Ruling Party in both Houses is
less than that of the Opposition Parties.

 Rajya Sabha can only discuss the budget but cannot vote on the
Demands for Grants (which is the Exclusive Privilege of the Lok Sabha).

 A resolution for the discontinuance of the National Emergency (Article

352) can be passed only by the Lok Sabha and not by the Rajya Sabha.

 The Rajya Sabha cannot remove the Council of Ministers (CoM) by

passing a NoConfidence Motion.

o This is because the Council of Ministers (CoM) is collectively

responsible only to the Lok Sabha.

o However, the Rajya Sabha can discuss and criticize the

policies and activities of the Union Government.

Special Powers of Rajya Sabha

The Rajya Sabha has been given the following four exclusive or special
powers that are not enjoyed by the Lok Sabha:

 Article 67 – This provision states that the Rajya Sabha can alone initiate
a move for the removal of the Vice-President of India.

 In other words, a resolution for the removal of the Vice President can be
introduced only in the Rajya Sabha and not in the Lok Sabha.

 Article 249 – This provision states that the Rajya Sabha can
authorize the Indian Parliament to make a law on a subject enumerated
in the State List.
  Article 312 – This provision states that the Rajya Sabha can authorize the
Indian Parliament to create new All-India Services (AIS) common to both
the Centre as well as States.

 Articles 352, 356 and 360 – These provisions state that if

a proclamation is issued by the President for imposing a National
Emergency or President’s Rule or Financial Emergency at a time when
the Lok Sabha has been dissolved or the dissolution of the Lok Sabha
takes place within the period allowed for its approval, then the
proclamation can remain effective even if it is approved by the Rajya
Sabha alone.

 The position of the Rajya Sabha in our constitutional system is not as

weak as that of the House of Lords in the British constitutional
system, nor as strong as that of the Senate in the American
constitutional system.

 Moreover, except in the financial matters and control over the Union
Council of Ministers, the powers and status of the Rajya Sabha in all
other spheres are broadly equal and coordinate with that of the Lok
Sabha.

Utility of Rajya Sabha

The utility of the Rajya Sabha can be supported on various grounds:

 The Rajya Sabha checks hasty, defective, careless, and ill-considered

legislation made by the Lok Sabha by making provisions of revision and
thought.

 The Rajya Sabha facilitates giving representation to eminent

professionals and experts who cannot face the direct election.

 For example, the Indian President nominates 12 eminent persons from

different fields to the Rajya Sabha.

 The Rajya Sabha maintains the federal equilibrium by protecting the

interests of the States against the undue interference of the Centre.
Functions of Parliament in India

The roles, powers and functions of the Parliament of India can be classified
under the following heads:

 Legislative Roles, Powers and Functions of Parliament

 Executive Roles, Powers and Functions of Parliament

 Financial Roles, Powers and Functions of Parliament

 Constituent Roles, Powers and Functions of Parliament

 Judicial Roles, Powers and Functions of Parliament

 Electoral Roles, Powers and Functions of Parliament

 Other Roles, Powers and Functions of Parliament

The Parliament of India, with its bicameral structure, plays a crucial role in the
functioning of the Indian democracy. As the supreme legislative body, it plays a
crucial role in shaping the nation’s policies, ensuring public accountability, and
representing the diverse aspirations of the Indian people. As the Indian
democracy evolves, the Parliament of India will continue to stand as a
testament to the country’s commitment to democratic governance and the
rule of law.

Secretariat of Parliament

 Each House of Parliament of India (Lok Sabha and Rajya Sabha) has a
separate Secretariat and Secretarial Staff of its own.

 The Secretariat of each House is headed by a Secretary General, who is a

permanent officer and is appointed by the Presiding Officer of the
respective House.

Language in Parliament

 The Constitution has declared Hindi and English to be the languages for
transacting business in the Parliament of India.

 The presiding officer can permit a member to address the House in

his/her mother tongue.
 o In both Houses, facilities are available for simultaneous
interpretation of speeches made in any of the languages specified
in the Eighth Schedule of the Constitution into Hindi and English.

o However, if a member addresses the House in a language for

which a simultaneous interpretation facility is not available,
he/she has to provide a translation copy of his/her speech in Hindi
or English.

Though English was to be discontinued as a floor language after

the expiration of fifteen years from the commencement of the
Constitution (i.e. in 1965), the Official Languages Act (1963)
allowed English to be continued along with Hindi.

Leaders in Parliament

Leader of the House: Under the Rules of Lok Sabha, the ‘Leader of the House’
means the Prime Minister (or another minister who is a member of Lok Sabha
and is nominated by the PM to function as the Leader of the House).
There is also a ‘Leader of the House’ in the Rajya Sabha who is a minister and
a member of the Rajya Sabha and is nominated by the PM to function as such.

 S/He exercises direct influence on the conduct of business.

 The office of leader of the house is not mentioned in the Constitution
but in the Rules of the House.
Leader of the Opposition: The leader of the largest Opposition
party having not less than one-tenth seats of the total strength of the
House is recognised as the leader of the Opposition in a House.
S/He provides constructive criticism of the government policies and to
provide an alternative government.
The leader of Opposition in both the Houses were accorded statutory
recognition in 1977 and are entitled to the salary, allowances and
other facilities equivalent to that of a cabinet minister.
The office of leader of the opposition is not mentioned in the
Constitution but in the Parliamentary Statute.
  Whip: Every political party, whether ruling or opposition has its own
whip in the Parliament.

 S/He is appointed by the political party to serve as an assistant floor

leader, charged with the responsibility of ensuring the attendance of his
party members in large numbers and securing their support in favour of
or against a particular issue.

 He regulates and monitors their behaviour in the Parliament and the

members are supposed to follow the directives given by the whip.

 The office of ‘whip' is mentioned neither in the Indian Constitution nor

in the other two statues mentioned above. It is based on the
conventions of the parliamentary government.

Sessions of Parliament

 Summoning:
Summoning is the process of calling all members of the Parliament to
meet.
The summoning of Parliament is specified in Article 85 of the
Constitution.
 The President summons each House of the Parliament from time to
time.
However, the maximum gap between two sessions of
Parliament cannot be more than six months.
Sessions:
India does not have a fixed parliamentary calendar. By convention,
Parliament meets for three sessions in a year.
Budget Session: Longest session, starts towards the end of January,
and concludes by the end of April.
Monsoon Session: Second session, usually begins in July and finishes
in August.
Winter Session: Third session, held from November to December.
Adjournment:

An adjournment suspends the work in a sitting for a specified time,

which may be hours, days or weeks.
When the meeting is terminated without any definite time/date fixed for
the next meeting, it is called Adjournment sine die.
The power of adjournment as well as adjournment sine die lies with the
presiding officer (Speaker or Chairman) of the House.
 Prorogation:
Unlike adjournment, Prorogation terminates a sitting as well as the
session of the House.
 It is done by the President of India.
 Prorogation is different from the dissolution (of Lok Sabha).
 Quorum:
Quorum refers to the minimum number of the members required to be
present for conducting a meeting of the house.
 The Constitution has fixed one-tenth strength as quorum for both Lok
Sabha and Rajya Sabha.

Joint Session of Parliament:

 The Constitution of India, under Article 108, provides for the joint sitting
of the Lok Sabha and the Rajya Sabha, in order to break any deadlock
between the two.
 The joint sitting is called by the President and is presided over by
the Lok Sabha Speaker.
In the speaker’s absence, the Deputy Speaker of the Lok Sabha presides
over the meeting.
 In the absence of both, it is presided over by the Deputy Chairman of
the Rajya Sabha.
 Lame Duck Session: It refers to the last session of the existing Lok Sabha,
after a new Lok Sabha has been elected.
 Those members of the existing Lok Sabha who could not get re-elected
to the new Lok Sabha are called lame-ducks.
Devices of Parliamentary Proceedings

Question Hour:
The first hour of every parliamentary sitting is termed as Question hour. It is
mentioned in the Rules of Procedure of the House.

During this time, the members ask questions and the ministers usually give
answers. The questions are of three types:

Starred questions: These are distinguished by an asterisk and require

oral answers. Hence supplementary questions can follow.
Unstarred questions: It requires a written answer and
hence, supplementary questions cannot follow.
Short notice questions: The matters of public importance and of urgent
character are considered under this type of questions. These are asked
by giving a notice of less than ten days and are answered orally.

Zero Hour:

A Zero Hour is an Indian parliamentary innovation. It is not mentioned in the

parliamentary rules book.

Under this, the Members of Parliament (MPs) can raise matters without any
prior notice.

The zero hour starts immediately after the question hour and lasts until the
agenda for the day (regular business of the House) is taken up.

In other words, the time gap between the question hour and the agenda is
known as zero hour.

Half-an-Hour Discussion:

 It is meant for discussing a matter of sufficient public

importance, which has been subjected to a lot of debate and the answer
to which needs elucidation on a matter of fact.
 The Speaker can allot three days in a week for such discussions. There is
no formal motion or voting before the House.

Short Duration Discussion:

  It is also known as two-hour discussion as the time allotted for such a
discussion should not exceed two hours.
 The members of the Parliament can raise such discussions on a
matter of urgent public importance.
 The Speaker can allot two days in a week for such discussions. There
is neither a formal motion before the house nor voting.
 This device has been in existence since 1953.

Motions in Indian Parliament

Privilege  It is moved by a member when he feels that a

Motion minister 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. Its purpose is to censure the
concerned minister.

 It can be moved in Rajya Sabha as well as Lok

Sabha.

Censure  It should state the reasons for its adoption in the

Motion Lok Sabha.

 It can be moved against an individual minister or a

group of ministers or the entire council of
ministers.

 It is moved to censure the council of ministers for

specific policies and actions.

 It can be moved only in Lok Sabha.

Call-  It is introduced in the Parliament by a member to

Attention call the attention of a minister to a matter
Motion of urgent public importance, and to seek an
 authoritative statement from him on that matter.

 It can be moved in Rajya Sabha as well as Lok

Sabha.

Adjournment  It is introduced in the Lok Sabha to draw

Motion the attention of the House to a definite matter of
urgent public importance.

 It involves an element of censure against the

government.

 It can be moved only in Lok Sabha.

No-Day-Yet-  It is a motion that has been admitted by the

Named Speaker but no date has been fixed for its
Motion discussion.

 It can be moved in Rajya Sabha as well as Lok

Sabha.

No  Article 75 of the Constitution says that the council

Confidence of ministers shall be collectively responsible to the
Motion Lok Sabha.

o In other words, the Lok Sabha can remove

the ministry from office by passing a no-
confidence motion.

o The motion needs the support of 50

members to be admitted.

 It can be moved only in Lok Sabha.

Motion of  The first session after each general election and

Thanks the first session of every fiscal year is addressed by
the president.

o This address of the president is discussed in

both the Houses of Parliament on a motion
called the ‘Motion of Thanks’.

 This motion must be passed in the

House. Otherwise, it amounts to the defeat of the
government.

Cut Motions  A cut motion is a special power vested in members

of the Lok Sabha to oppose a demand being
discussed for specific allocation by the government
in the Finance Bill as part of the Demand for
Grants.

 If the motion is adopted, it amounts to a no-

confidence vote, and if the government fails to jot
up numbers in the lower House, it is obliged to
resign according to the norms of the House.

 A motion may be moved to reduce the amount of a

demand in any of the following ways:

o Policy Cut Motion: It is moved so that the

amount of the demand be reduced to
Re.1 (represents disapproval of the policy
underlying the demand).

o Economy Cut Motions: It is moved so that

the amount of the demand will be reduced
by a specified amount.

o Token Cut Motions: It is moved so that the

amount of the demand is reduced by
Rs.100 (expresses a specific grievance).
  It can be moved only in Lok Sabha.

Closure  It is a motion moved by a member to cut short the

Motion debate on a matter before the House.

 If the motion is approved by the House, debate is

stopped forthwith and the matter is put to vote.

 There are four kinds of closure motions:

o Simple Closure: It is one when a member

moves that the ‘matter having been
sufficiently discussed be now put to vote’.

o Closure by Compartments: In this case, the

clauses of a bill or a lengthy resolution are
grouped into parts before the
commencement of the debate. The debate
covers the part as a whole and the entire
part is put to vote.

o Kangaroo Closure: Under this type, only

important clauses are taken up for debate
and voting and the intervening clauses are
skipped over and taken as passed.

o Guillotine Closure: It is one when the

undiscussed clauses of a bill or a resolut-ion
are also put to vote along with the discussed
ones due to want of time.

Point of  A member can raise a point of order when the

Order proceedings of the House do not follow the
normal rules of procedure.

 A point of order should relate to the interpretation

or enforcement of the Rules of the House or such
 articles of the Constitution that regulate the
business of the House and should raise a question
that is within the cognizance of the Speaker.

 It is usually raised by an opposition member in

order to control the government.

 It is an extraordinary device as it suspends the

proceedings before the House. No debate is
allowed on a point of order.

Special  A matter which is not a point of order or which

Mention cannot be raised during question hour, half-an hour
discussion, short duration discussion or under
adjournment motion, calling attention notice or
under any rule of the House can be raised under
the special mention in the Rajya Sabha.

 Its equivalent procedural device in the Lok Sabha

is known as ‘Notice (Mention) Under Rule 377’.