1 Class VllOld NCERT Chap 6 (Law making institution), Clas Vl Old NCERT Chap 7 Our Parliament in Action), Class-Vil New NCERT Chap 3 (Why do we Need a Parliament?), Chap 4 (Understanding Laws), Chap 10 (Law and Social Justice) Class X New NCERT Chap 4 (Working of nsttuton), Class1X &X Old NCERT Chap 6 (Our Government at the Cente Classi New NCERT Chap 5 (Legislature, Centre, Clss-XI Old NCERT Chap 2 (Features of Legisiature), Chap 3 (Legislature of India), Chap 4 (Legislative and Financial Processes at Centre and State Level) Legi: « The Government of India Act of 1919, brought further Leg ee legislative reforms in the form of responsible government + ogislature is the institution that makes legal in the Provinces. At the Centre, the legislature was made ‘ules forthe general application. The rules are bicameral and an elected majority was introduced in both ‘ade by members of the Legislature on behalf of the Houses. the people who elect ema Seal + The Government of India Act of 1935, contemplated a lectigne ot federation consisting of British Indian Provinces and + The Parliament of India is the supreme native states. It demarcated legislative power of the Centre representative authority of the people, In India, and the Provinces through three lists: the Central List, the Central Legislature is known as the Parliament. Provincial List and the Concurrent List. Itis known as Congress in United States, Dietin The Indian Independence Act of 1947, gave the legislature Japan, etc. of the Indian Dominion full legislative sovereignty. Constitutional Provision for the Functions and Powers of Parliament Indian Legislature ‘The functions and powers of the Indian Parliament can be + Articles 79-122 of Part V of the Indian divided into Legislative, Executive, Financial and other Constitution deal with Constitution, structure, categories. of ministers, a ‘ ‘enue, appointment Of imitates ole Legislative Functions and Powers immunities of the Legislature. Parliamentary system is also known as Westminster Model. + Parliament is a Law-making body. There are three lists « The Indian Couneil Act of 1861, introduced namely Union List, tate List and the Concurrent List. con offidal members tn Weleeecttee ana Only Parliament can make laws on the subjects mentioned and allowed them to participate in the transaction _" the Union List. oflegislative business, The Legislative Council * Along with the State Legislatures, the Parliament is ‘was neither deliberative nor representative. empowered to make laws on the Concurrent List. In case, + Indian Councils aes otal amtremec he both the Centre as well as the States make a law on the councilin disetse the Bcd ae subject mentioned in the Concurrent List then the Central weetiony i th enete teed law prevails upon the state law if there is a clash between + Indian Councils Act of 1909, for the first time whenne : introduced both representatives as well as + Any subject not mentioned in any list ie. residuary powers popular features. are vested with the Parliament.50 Financial Functions and Powers * Parliament enjoys the supreme authority tn fianiclal Tuatters. The executive cannot spend any money Without Parliaments approval, No tax can be imposed Without the authority of law * According to Article 112 of the Indian Constitution, the Union Budget af a yoar is mferred to as the Annual Financial Statement * The G bofore the ernment places the buds Parliament for approval. The Budget Koes through six Stases: Presentation of Budget, General Discussion, Scrutiny by Departmental Committees, V ‘oting on Demands for Grants, Passing of the Appropriation Bill and Passing of the Finance Bill, * The passage of the Budget means that the Parliament has legalised the receipts and expenditures of the government. * The Public Accounts Committee and the Estimates Committee keep a watch on the spending of the government. These Committees scrutinise the account and bring out the cases of irregular, unauthorised or improper usage in public expenditure. * The Financial powers of the Parliament are really exercised by the Lok Sabha. The Money Bill can be introduced only in the Lok Sabha. * After getting passed, a Money Bill goes to the Rajya Sabha, which cannot be delayed for more than 14 days, * Parliament exerts budgetary as well as post-budgetary control on the government. If the government fails to spend the granted money in a financial year, the remaining balance is sent back to the Consolidated Fund of India. This is known as the ‘rule of lapse’. Power to Control the Executive + The Council of Ministers is directly responsible to the Parliament for all its decisions and policies. * Members of Parliament can put questions and supplementary questions to the ministers for getting information regarding the working of the administration. * Parliament exerts control over the executive through Procedural devices such as question hour, zero hours, calling attention motion, adjournment motion, half-an-hour discussion, etc. ‘+ Members of different political parties are elected/nominated to the Parliamentary Committees, Through these committees, the Parliament controls the government. ; * 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, S (CE won pourrye ti Judicial Powors and Functions the President, the » Thhas the power to im Vice-President, the Judges of the Supreme Coup, the High Court + Itean also punish its members oF outsiders fop yy, Uyronch of privilege or its contempt Electoral Functions ; * The elected members of the Lok Sabha and the ; aun mites part of the Electoral College wie lects the President. * All the members of the Parliament participate in jy election of the Vice-President. + ‘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, Members of various Parliamentary Committees are also elected. Power to Amend the Constitution + The Union Parliament enjoys the power to amend the Constitution in accordance with the Provisions of Article 368, bill for amending the Constitution can introduced in either House of the Parliament, + The Constitution can be amended by the Union Parliament by passing an amendment bill by a 2/3nq majority of members in each House. i * However, the amendment for certain specific subjeqy in the Constitution, can only become an Act when it | gets ratified by at least one-half of all the State Legislatures. 4 Structure of Parliament 4 * According to Article 79, the Parliament of India consists ofthe President and the two Houses namely | the Lower House or Lok Sabha (House of the People] and the Upper House or Rajya Sabha (Council of States). * Parliament is also called the popular house as it represents the people of India. + The President is an integral part of the Parliament e though he is not a member of either Honse. Asan {integral part of the Parliament, the President has been assigned certain powers and functions. “a Unicameral and Bicameral System of Parliament a * Generally, there are two types of Parliament ie, Unicameral and bicameral system. When there two houses (Lok Sabha and Rajya Sabha) in the Parliament, itis referred to as bicameral. This system is prevalent in India, Britain, America, etc, © !Tmt DIAN POLITY & GOVERNANCE, come counties, there is only sing! house of vyment, Such Parliament are known as moral. This system is prevalent in China, pal Nepal: ete naly? Sabha paiva sabi s the Dody representing tae ynion in Indi The elected members of the State's Legislative tei ah the members ofthe Rajya Sabha on + pasis of proportional representation thr ¢ Unt je Transferable Vote System, oe gqructure of the Rajya Sabha rhe Raiva Sabha or Council of States consists of not fhore thant 250 members. Its a permanent body as it not be dissolved. ut of 250, the President nominates 12 members on the basis of their excellence in literature, sclence, art {nd social service and the rest are elected. all the states do not send an equal number of members to the Rajya Sabha, Their representation is {jecided on the basis of the population of respective ‘tates. Thus, the bigger State gets bigger representation and the smaller ones have lesser representation. Rajya sana Maximum number Actual number of Members (250) cof Meroe 45) Nominated Elected Noinated lated Member (12) Members 238) Members (12) Members (239) sates Union Teiores Sales _Union Taos 34) ® a) @ (i opesestee arrest Deh Puduchery Jammu and @ 0) ashi) Election Procedure in Rajya Sabha ‘The members of the Rajya Sabha are elected by the elected members of the respective State Legislative Assembly in accordance with the principle of proportional representation by the means of single transferable vote. Formula for election to Rajya Sabha (ome of Legislative Assembly No of Vacancies +1 e.g, Rajasthan Legislative Assembly has a strength of 200. If there are 4 vacancies for Rajya Sabha seats in Rajasthan, then a candidate has to get at least 41 votes tobe elected. falifications of the Member * Member of Rajya Sabha should be a citizen of India and at least 30 years of age. «+ He/She should make an oath or affirmation stating that he will bear true faith and obedience to the Constitution of Indie. «+ Any Incian citizen can contest the Rajya Sabba tleetions irrespective of the State in which he resides. + Elections are to be conducted through an Open Voting ‘System, Salary and Emoluments of Members « According to Article 106, each member of the house gets salary and emoluments as established by law: + In this regards, the salary, allowances and pension of ‘Members of Parliament Act, 1954. Tenure of Rajya Sabha « Every member of the Rajya Sabha fs elected for a tenure of six years. One-third of its members retire after every two years, They are entitled to contest again for membership. + Mid-term elections take place to fill vacancies every two year. Representation of States in Rajya Sabha « The Fourth Schedule to the Constitution provides for the allocation of seats to the States and Union Territories in Rajya Sabha. The allocation of seats is made on the basis of the population of each state. « Consequent to the reorganisation of states and the formation of new states, tke number of elected seats in the Rejya Sabha allotted to states and Union territories has changed from time to time since, 1952. Officials of Rajya Sabha ‘Some of officials of Rajya Sabha are as follows : Presiding Officers-Chairman and Deputy Chairman + The Presiding Officers of Rajya Sabha have the responsibility to conduct the proceedings of the House, + ‘The Vice-President of India is the ex-officio Chairman of Raya Sabha according to Article-89(1). Rajya Sabha also chooses from amongst its members, a Deputy Chairman according to Article 89(2). + There is also a Panel of Vice-Chairman in Rajya Sabha, the members of which are nominated by the Chairman of the Rajya Sabha. 4 + Inthe absence of the Chairman and Deputy Chairman, a member from the Panel of Vice-Chairman presides over the proceedings of the House.52 Secrotary-General * The Secretary-General is appointed by the Chairman of Rajya Sabha and holds a rank Cauivalent to the highest civil servant of the Union, The Secretary-General works with confidentiality is readily available to the Presiding Officers for Tendering advice on Parliamentary matters, The Secretary-General is also the administrative head of the Rajya Sabha Secretariat and the Custodian of the recards of the House, He works Under the direction and control of the Chairmar Rajya Sabha Quorum * The quorum for the meetings of Rajya Sabha is 4/10th of its members. = Itmeans that at les the Rajya Sabha ‘ast 1/10th of the members (25) of ‘Taust be present for carrying out the work of the House. Functions and Powers of Rajya Sabha Some of functions and powers of Rajya Sabha are as follows : * Legislative Powers In the sphere of ordinary law-making the Rajya Sabha enjoys equal powers with the Lok Sabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless passed by it. + Financial Powers In the financial sphere, the Rajya Sabha is a weak House. If the Rajya Sabha Proposes some amendments and the bill is returned to the Lok Sabha, it depends upon the Lok Sabha to accept or reject the proposed amendments. + Electoral Powers The elected members of the Rajya Sabha along with the elected members of the Lok Sabha and all the State Legislative Assemblies together elect the President of India. The members of the Rajya Sabha and Lok Sabha together elect. the Vice-President of India. Members of the Rajya Sabha also elect a Deputy Chairman from amongst themselves. + Amendment Powers Rajya Sabha and Lok Sabha can together amend the Constitution by passing an amendment bill with a 2/3 majority in each House. + Executive Powers The Union Council of Ministers is collectively responsible to the Lok Sabha and not . the Rajya Sabha. (UE NAW Pour Special Powers of Rajya Sabha + According to Article 249, the Rajya Sabha can pagy resolution by 2/3rd majority of its members for de e 1 State List subject as a subject of national importanga" + Such a resolution empowers the Union Parliament ty legislate on such a state subject for a period of one yeq, Such resolutions can be repeatedly passed by the Rajya Sabha. acne ‘ . to Article 312, the Rajya Sabha has the pow tocreio ster more new Al Indl Service at by passing a resolution supported by a 2/3rd majority oq the plea of national interest. * Ina similar way, the Rajya Sabha can disband an exis All India Service, Allocation of Seats in Rajya Sabha 1 Number of Seats Number of State/UT Dadra and Neger Haveli and Daman Kashmir and Diu Delhi (The 3 Ladakh =: ‘National Capital ‘Territory)pa NAN ORT RNA EF sabha Lok > House oF the House of the Py ; he rly known a8 LOk Sabha, Its nae : pot crocted by the people on the basle ate” que Adult Franchise, wore : icture of Lok Sabha maximum permissible membersh neo out of Which 830 are dine yok na is direct! sath test y elected ne states While 20 members are ws i rere lected from ’ aisiibution of seats among the states pe principle of territorial represenaion va ony each state allotted seats onthe basis ofits yopulation in proportion to the total. Population of Prane states : pach state is divided into territorial units called + “onstituencies which are more or less of the same {ce with regard to the population, Lok Sabha Meximurn ruber Actual number cs Wenbes (82) otMembers nominated Bbctad Nominated Elected umpes@) Members Members (0) embers soles Union Teritofes States Union Teitaries = cs) (624) (9) Delhi Other Union dammuand 7) Tetvies (7) Kashmir) \ petcations of the Members ‘any Indian | citizen can become a member of Lok Sabha provided he/she fulfils the following qualifications 1 He/She should be not less than 25 years of age, + He/She should declare through an oath or affirmation that he has true faith and allegiance in the Constitution and he will uphold the sovereignty and integrity of India. « He/She must possess such other qualifications as may be laid down by the Parliament by law. He must be registered as a voter in any constituency in India, Tenure of Lok Sabha * The normal term of Lok Sabha is five years. But the President, on the advice of the Council of Ministers, may dissolve it before the expiry of five years, * In the case of a national emergency, its term can be extended for one year ata time, But it will not exceed six months after the emergency is over. —— 53 Allocation of Seats to States + Evory state in India, 1s allocated seats 1 Lok Sabha according to proportion to thelr population. This provision is made in Article 61(2) of the Indian Constitution, + This provision Is only implemented tothe state when its Population exceeds 60 lakhs. Reservation in Lok Sabha : * Accordin cle 330, there is a provision of reservation in Lok sa ese Wed Tribes and Scheduled Castes ‘on the basis of proportion of their population. + Atpresent,64 seats for Scheduled Castes and 47 seats for Scheduled Tribes are reserved in Lok Sabha. Election to the Lok Sabha + For the purpose of holding direct elections to the Lok Sabha, each state is divided into territorial constituencies for uniformity of representation in following two respects + () Between the different States. = (ii) Between the different constituencies in the same State. + The 42nd Amendment Act of 1976, froze allocation of seats in the Lok Sabha to the States and the Territorial Constituencies till the year 2000 at the 1971 level. ‘Thie ban on readjustment was extended upto year 2026 by the 64th Amendment Act of 2001. Officials of the Lok Sabha * Speaker is the presiding officer of Lok Sabha. The ‘members of the House elect him. He/She remains in position even after Lok Sabha is dissolved till the election of a new Speaker is done in his place by next Lok Sabha. + Deputy Speaker who is also elected by the House presides aver the meetings. Both the Speaker as well as the Deputy Speaker can be removed from office by a resolution. of Lok Sabha passed by a majority of all the then members of the House. « Secretary of Lok Sabha The permanent official of Lok Sabha and he is accountable to the speaker. He invites members of Lok Sabha to its proceedings on behalf of the President. Pro-tem Speaker «= Pro-tem speaker is chosen for the conduct of the house ‘when the Lok Sabha has been elected and the vote for the Speaker and Deputy Speaker has not taken place, « Pro-tem speaker is the temporary Speaker who presides over the first meeting of the Lower House of Parliament after the general elections besides presiding over the sitting in which the Speaker and Deputy Speaker are elected if it is a newly constituted House. * Usually, the seniormost member of the House fs selected for the post.Ss4 Powers and # "Functions of tha Speaker Sonne af powers anid were and finctions of the speaker are as ae Hone of the speak * Hevahe jreutites over the House and conduct the Meetings of the House in an onterly manner: + One oh sete to the office, th PARTY affiliation and starts fh Manner, He acts as the Privileges of the meimbs TW case of the at Ne absence of the Speaker presides Ne Speaker serves hls retioning in an impartial Awardian of the rights and Speaker, the Deputy * over the sessions of the Lok Sabha ond conducts th aa ve business in the Hotise order anata Proceedings of he House, maintains n in the House and decides po » interprets and a ats Pplies rules of the House, All the . : the Bis, reports, motions and resolutions ate huroduced with Speaker's permission. He/ah . He/she puts ¢ Motion or bill to vote. : He/she does not participate in the voting but when there is a tie .e. equal number of votes on both sides, he/she can use his casting struct ire of government ise his casting structus of order, members and his decision is final. He disqualifies a member from his/her mé i i embershij in case of defection, He/she also accepts the resignation of members and decides about the genuineness of the resignation. * In the case of the Joint Sitting of Lok Sabha and Rajya Sabha, the Speaker presides over the meeting, Powers and Functions of Lok Sabha ‘Some of powers and functions of Lok Sabha are as follows : + Legislative Powers It can make any law along with the Rajya Sabha in Union and Concurrent Lists. Whenever the Rajya Sabha passes a resolution that a certain matter has national importance, then Lok Sabha can make law on state subjects as well. Its legislative powers increase immensely during ‘emergency. + Executive Powers The President of India makes ant annual speech in Lok Sabha which contains the policy of the Government for the upcoming year and can be discussed by the members of the Lok Sabha only. Under Article 75(3) of the Constitution, the Council of the Ministers has been made responsible to the House of people that is Lok Sabha. The Council of Ministers remains in office till it enjoys the confidence of the Lok Sabha if, it loses the confidence of Lok Sabha, the Conncil of Ministers shall have to resign, (CL aN Pourtye + Financtal Powers The Lok Sabha has a supe jwsition in the financial matter 48 a Money pipe hw introduced in the Lok Sabha, Once a Money g approved by the Lok Sabha, it is virtually enactea Parliament itself, Tho Lok Sabha alone has the exclusive power of sanctioning all Government expenditures. In cage a any dispute as to whether a particular bill is a Mog Dill or not, the decision of the speaker of the Lok: is final. + Constitutional Powers All bills of the Amendmeny the Constitution require to be passed in the Lok Otherwise, the Amendments will not come into f with the exception of those which requires special, approval by one half of the State Legislature. Judicial Powers It has power to present proposal fop the impeachment of the judges of Supreme Court High Court. Apart from this, it has power to punish — those who violate its privileges. ‘Other Powers It takes part in the election of the President, vice-President, Speaker and Deputy S| of Lok Sabha. It gives permission to the declaration of emergency. Special Powers of Lok Sabha Some of special powers of Lok Sabha are as follows : * Motions of No-Confidence against the government can only be introduced and passed in the Lok Sabha. + Money Bills can only be introduced in the Lok Sabha. ~ * In case of a deadlock between the two Houses over an ordinary bill, the will of the Lok Sabha normally prev Leader of the House * Apart from the Chairman and the Deputy Chairman in’ Rajya Sabha and Speaker and Deputy Speaker in the _ Lok Sabha, the Leader in both Houses is another functionary who plays important role in the efficient and smooth conduct of the business in the House. + The Prime Minister is usually the Leader of the Ho or the member nominated by him/her in which he; is the Member of Parliament. — + His primary responsibility is to maintain coordinat amongst all sections of the House for a harmonious; meaningful debate in the House. a Leader of Opposition va * The office of the leader of the opposition in a legisla is of great public importance. Its importance emani from the central role accorded to the oppo: parliamentary democracy. + The leader of the opposition has power to critics fault and present alternative proposals/policies raling government. But he has no power proposal/policies, - ° ‘i