DROANACHARYA - IAS | GENERAL STUDIES


HANDOUT- INDIAN POLITY
TOPIC- PARLIAMENT-1

CONSTITUTION OF PARLIAMENT- Parliament consists of President, House of People, Council of States.

 Hindi nomenclature given in 1954
 President is not a member of parliament but an integral part of parliament because being an
executive head , he also assigned legislative functions
 RAJYA SABHA- RAJYA SABHA is the representative body of states at federal / national level.
 LOK SABHA is the popular chamber of parliament.

COMPOSITION –RAJYA SABHA-

 Constitution prescribes for a max strength and not the actual strength.
 MAX- 250- 238 elected and 12 nominated MPs in Rajya Sabha but parliament under RPA
(Representation of People Act) has fixed the strength of Rajya Sabha to 233 elected (represent
state and UTs) and 12 nominated MPs(By president on the criteria of LASS- Literature, Arts, science
and social service}

COMPOSITION- LOK SABHA-

 Constitution only mentions the max strength of house i.e – 550+2 (530 – directly elected from
territorial constituencies in state & 20- chosen from UTs in manner as parliament may by law
provides (UT (DIRECT ELECTION TO HOP)1965) +2 Nominated members of Anglo Indians if as per
the president they are not adequately represented (till 2020 by 95 th CAA 2009)
 Present strength is 543- all are elected members and 104th CAA end the nomination system for
Anglo Indians.

ANGLO INDIANS
 For a long time in India, from when the British Empire started to when India became a democracy,
people who had both European and Asian backgrounds faced challenges. These people were called
Anglo-Indians. This term first appeared in the 1911 Indian census to describe those who were
mixed-race, not completely Indian or completely European.
 Back when the British first came to India, some British men had relationships with Indian women,
leading to Anglo-Indian children. Starting in 1911, mixed-race Anglo-Indians had both difficulties
and advantages as a separate group, different from both white Europeans and Indians. They were
treated better than Indians but not as well as white British people. This made them kind of in the
middle.
 Because of this position, many Anglo-Indians got jobs in British-related roles, like government jobs,
railways, trade, and industry. In 1935, an official definition of an Anglo-Indian was someone
"whose father or any of their male ancestors in the male line is or was of European descent but
who is originally (native) from India."

 Back in the old days, a light-skinned Anglo-Asian were treated better. But if skin was darker, they
didn't get the same good treatment and often faced unfair treatment from Indian people. They
used hurtful terms like "half-caste" and "kutcha butcha" (which means half-cooked bread) to make
fun of mixed-race people. These words are still used today in India and other places where Indian
communities live.

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 In 1926, All-India Anglo-Indian Association has been formed. This group was made to support and
speak up for mixed-race people. Frank Anthony, was the head of this group from 1942 to 1945. He
played a big role in making sure mixed-race Anglo-Indians got fair treatment when India became
independent.
 According to the Constitution's Article 366, Anglo-Indians are described as "a person whose father
or any of his other male ancestors in his family line is or was from Europe, but this person lives in
India and was born here to parents who live here regularly, not just temporarily." (a person
whose father or any of his other male progenitors in the male line is or was of European descent
but who is domiciled within the territory of India and is or was born within such territory of parents
habitually resident therein and not established there for temporary purposes only)
 Article 331 said that there should be two seats in the Lok Sabha, just for Anglo-Indians. These two
people were chosen by the President of the country based on advice from the COM. This was done
to make sure that even though the number of Anglo-Indians was getting smaller, they still had a
way to share their thoughts in the government.
 Article 333 said that in each state, if there weren't enough Anglo-Indians in the state's government,
the Governor could choose one Anglo-Indian person to be there and speak for them.
 When India became a democracy, Anglo-Indians also found their place in the new country. Since
then, the number of Anglo-Indians has changed a lot. There's a special group called the National
Commission for Scheduled Castes (which is like an organization) that takes care of their well-being.
 It's been noticed that many Anglo-Indians in India have become more a part of Indian society.
They've started to marry Indians, some have stopped seeing themselves as mixed-race or don't
really think about that part anymore, and some even consider themselves just Indian. It looks like
Anglo-Indians in India have moved from being very influenced by English culture during the time of
British rule to being a closer part of Indian society now.
 There's a politician named Derek O'Brien who's from Kolkata and has both Anglo-Indian and Indian
heritage. He suggested calling the group 'Indian-Anglos' because, for the ones in India, their Indian
side is more important now.
 There was a rule, Article 334(b), that reserved seats for Anglo-Indians in government until 2020 by
the 95th CAA 2009, but the number of Anglo-Indians in India is going down quickly. Back when India
became independent, there were about 300,000 Anglo-Indians living in India. They were
considered part of the country. But now, there are fewer of them. Some politicians have talked
about whether it's fair for such a small group to have special seats in the government. After the
2011 population count, more people wanted to stop officially recognizing the mixed-race Indian
group. In the 2011 count, only 296 people said they were 'Anglo-Indian.' However, many
politicians and experts doubt if this number is accurate.

 In 2019, 104th Constitutional Amendment Act was introduced by a government official. This law
removed the special seats for Anglo-Indians, which they had since 1952. This made many Anglo-
Indian leaders, like Barry O’Brien, very angry. He said the government's data showed only nine
Anglo-Indians in West Bengal, but his own family had more than that. He even made a petition that
over 750 Anglo-Indians signed to disagree with the government's numbers. Some people say the
104th Constitutional Amendment and the numbers the government used to support it are part of
the government's plan to get popular support. They think the government is targeting different

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groups, like the Anglo-Indians, and trying to make them seem less important. On the other hand,
the government believes that it's not necessary to have special seats for a small group like the
Anglo-Indians, especially because many of them are doing well financially.

METHOD OF ELECTION-
RAJYA SABHA-
 MPs of Rajya Sabha from states are elected by elected members of SLA ( State Legislative Assembly)
by a system of Proportional Representation by single transferrable vote- elections for Rajya Sabha
seats are held under open ballot system.
 MPs of Rajya Sabha from UTs are elected as per the law of parliament
 State wise distribution of Rajya Sabha seat in states is as per 4th schedule.(India not followed
American principle of equality of states representation in second chamber)

LOK SABHA-
 Adopted the system of territorial representation for election of members , also called single
member constituency

 Direct elections based upon universal adult suffrage (Indian, 18 years or above)(21 to18 by 61st CAA 1988)
 Each state must be divided into constituencies so that the seat : population ratio in each constituency is the
same or similarly and the total seats : population in one state must also be similar to that of another state.
 POPULATION- Population of last census.
A. No. of seats allocated to states in Lok Sabha is based on 1971 census and this arrangement has been
frozen till 2026 by 84th CAA 2001
B. Size of territorial constituency has been fixed on basis of 2001 census and this arrangement has been
frozen till 2026 by 87th CAA 2003
 Reservation of Schedule Caste/Schedule Tribe in Lok Sabha – Reservation is in proportion to their
population as per 2001 census according to 87th CAA 2003.

 Why not adopted Proportional Representation By Single Transferrable Vote - Difficulty to

understand the system, there are many political parties so it may leads to instability.

READJUSTMENT OF CONSTITUENCIES-
The no of seats allocated to state in Lok Sabha and division of each state into territorial
constituencies shall readjusted by such authority and in such manner as parliament may by law
determine. Parliament enacted the DELIMITATION COMMISSION ACT and power is assigned to
statutory body called DELIMITATION COMMISSION.

TERM
Rajya Sabha-
Rajya Sabha shall not subject to dissolution but nearly one- third members retire every 2nd year as per the
law made by parliament (Parliament under RPA 1951- assign tenure of 6 years to RS MP)
Lok Sabha-
Unless sooner dissolved, it continue for 5 years from the date appointed for its first meeting
(automatically dissolved when it tenures end)
EXCEPTION- When National Emergency is in operation , its term be extended by parliament by law for 1
year at a time but no extension beyond 6 month after emergency ceased to exist.
QUALIFICATION FOR MP-
 Citizen of India
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 Age not less than 30 years for Rajya Sabha and 25 years for Lok Sabha.
 Take oath/ affirmation before same person authorized by Election Commission of India under 3rd
schedule
 Parliament by law may prescribe additional qualification

Parliament under RPA 1951-

a. Candidate shall be a registered elector in any constituency.
b. To contest a reserved seat (SC/ST) candidate shall be from that community and he is registered
elector in any constituency of country but he also contest even non reserved seats also.

DISQUALIFICATIONS FOR MP-

ARTICLE 102 (1)
1. a person shall be disqualified for being chosen as or being MP if he holds any Office Of Profit under
the state except in those cases where the office has been exempted by the parliament from being
Office Of Profit ( a person not be deemed to hold an Office Of Profit under GOI or state government
by reason only that he is either Union or state Minister)
 PARLIAMENT enacted Parliament prevention and disqualification Act 1959 which has been
amended multiple times has exempted certain offices from being Office Of Profit therefore holder
of these offices shall not be disqualified from being MP however there is no definition of Office Of
Profit either under constitution or the parliamentary law.
 The parliament has provided a negative list of the posts that don’t form a part of ‘office of profit’
under the Prevention of Disqualification Act, 1959 –
1. Minister of Union of State
2. Whip
3. Deputy Chairman of erstwhile Planning Commission
4. Leader of opposition
5. Each leader and deputy leader of a recognised party in either House of the Parliament
6. Chairperson of National Advisory Council
7. Chairman of National Commission for SC/National Commission for ST/National Commission for
Minorities/National commission for women
8. Member of Territorial Army/National Cadet Corps/ Reserved and Auxiliary Airforce
9. Member of any delegation or mission sent outside India
10. Member of any committee made to advise the government etc.

 SC explained in 2001 that a person is holding Office Of Profit if any of the following conditions is
satisfied
a. Government makes appointment to that office
b. Government has the right to remove the holder of office
c. Holder gets some financial benefit by holding the office

NEED- As members of the legislature, MPs and MLAs hold the government accountable for its actions. The
core of the office of profit law is that if legislators have an 'office of profit' under the government, they
may be vulnerable to government influence and may not fulfil their constitutional mission honestly. The
intention is that there should be no conflict between an elected member's duties and interests.

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2. The MP is disqualified if he is of unsound mind and declares so by the competent court.
3. MP is disqualified if he is declared insolvent.
4. MP is disqualified if he is no longer citizen of India.
5. MP may be disqualified under any other law made by the legislature

According to Representation of People’s Act, 1951

1. Convicted for an offence where he/she is imprisoned for 2 years or more (disqualified for 6 years from
the time of release) – preventive detention is not counted here.
2. Guilty of social crimes like sati, untouchability, promotion of enmity between groups, practising sati,
dowry
3. Dismissed from government service on charges of corruption or disloyalty to the state
4. Guilty of election offences
5. Every candidate needs to submit election expenses within 30 days of the conclusion of election whereas
a recognised political party needs to file it within 90 days of the conclusion of election.
6. Interest in government contracts, services or works
7. Director or managing agent or a holds office of profit in a corporation in which government has at least
25 per cent share.

WHO TAKE DECISION UNDER THIS-

a person shall be disqualified for being chosen as and for being MP Lok Sabha OR Rajya Sabha by the
president on recommendation of Election Commission of India (BINDING)
ARTICLE 102 (2)– A person shall be disqualified from being MP under Anti Defection Law whose provisions
are mentioned in schedule 10.
WHO TAKE DECISION UNDER THIS-
The disqualification shall be done by Presiding Officer of the respective house
ANTI DEFECTION LAW- Parliament made Anti Defection Law in 1985 and then by 52 nd CAA 1985 gave it a
constitutional status by including it in the 10 th schedule of the constitution .
Anti Defection Law prohibits political defection among the members of the parliament and state legislature
for personal gains by providing for their disqualification from being the member of the legislative body
under the following 4 conditions –
1. If an independent member of a legislative body joins any political party after becoming the member of
the house then he shall be disqualified under Anti Defection Law.
2. If nominated member of the house joins a political party 6 months after becoming member of the
house then he shall be disqualified in the house under Anti Defection Law.
3. If a legislative party member voluntarily resigns from his party or joins any other political party then he
shall be disqualified under Anti Defection Law.
4. If a political party member disobeys the whip of his party by voting against the whip or by abstaining
from voting and his action is not condoned / pardon by his party within 15 days then he shall be
disqualified

SC held that the whip issued by political party to its legislative members is binding on them under the
following situations-
 In the passage of Confidence Motion / No-Confidence Motion/ Money Bill / Vote of Thanks to
Presidential or Governor’s address.

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 Can decision of Anti defection law be under Judicial Review-- Originally the decision is final and can’t be
questioned in any court but in KIHOTO HOLLOHAN CASE SC held that decision of Presiding Officer
under Anti Defection Law is subject to Judicial Review.

EXCEPTION UNDER ANTI DEFECTION LAW-

1. If not less than 2- 3 rd of the members of a legislative party break away and merge with another political
party then they shall not be disqualified under Anti Defection Law.

2. If the speaker or deputy speaker Lok Sabha OR State Legislative Assembly Or the Deputy chairman Rajya
Sabha or chairman or deputy chairman of State Legislative Council resigns from his political party after
being elected to the office and doesn’t join any other political party or does not re -join same political party
from where he resign then he shall not be disqualify under Anti Defection Law else shall be disqualified.
The decision regarding disqualification of these officers shall be taken by a member of the house elected
by the house for the same purpose and his decision shall be final in this regard.

3. Originally, split by one- third members of legislative party has also been an exception but this provision is
deleted by 91st CAA 2003 means defectors have no more protection under ground of splits.

RULE MAKING POWER-

 Presiding Officer make rules regarding 10th schedule , all such rules must be placed before house for
30 days then house may approve / modify/ disapprove
 As per rules, Presiding Officer can take up a defection case only when he receives a complaint from
MP
 A chance been given to concerned member to explain his viewpoint

ADVANTAGES OF ANTI DEFECTION LAW-

1. Ensuring political stability
2. Ensure party discipline
3. Reduce corruption at political level

CRITICISM OF ANTI-DEFECTION LAW-

 Doesn’t differentiate between defection and dissent.
 Banned retail defection but allow wholesale defections
 Decision taking authority may not be exercised in impartial manner
 No specification of any time limit for Presiding Officer to decide the case
 (Supreme court – Presiding Officer should rule on a defection petition within 3 months + parliament
may establish an independent tribunal headed by a Judge )
 No Anti Defection Law for break- up of pre-poll alliance.
 Defecting legislators have also become ministers while a defection petition against them is pending
before the Speaker

What happens to the freedom of speech and expression and freedom to assemble and associate of a
member of the legislature?
In the Kihoto Hollohan case 1992, the Supreme Court ruled that the Tenth Schedule does not infringe on
the rights of elected members of parliament and the legislature; therefore, it did not violate the
parliamentary privileges of the Indian Constitution. The Supreme Court also stated that the provisions of
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the Tenth Schedule were intended to strengthen the fabric of Indian parliament democracy while
preventing unprincipled and unethical political behaviour.
Unattached member – in case a political party expels a member from their party and such member is also
the member of the legislature, it is not considered as a case of defection. Such a member shall continue
as a member of the legislature but has to comply with the directions of the whip. Any defiance can result
into a case of defection.
VACATION OF SEATS-
1. AGAINST DOUBLE MEMBERSHIP-
I. a person shall not be a member of both the houses simultaneously and parliament by
making a law provides for vacation of seats
II. if a person elected in both the parliament and state legislature, then within specified period
as decided by president, he vacate his seat otherwise his seat in parliament gone (president
specify 14 days)

PARLIAMENT UNDER RPA 1951-

 Elected to both houses of the Parliament. Must notify the Election Commission of India regarding
the seat that the candidate is willing to give up within 10 days. If he fails to do so, his/her has to
give up his/her Rajya Sabha seat.
 Member of one house gets elected to the other house – membership of the former house shall be
taken away.

 Elected to more than one seat in the same house - has to give up one within 14 days otherwise
both seats gone automatically.

2. RESIGNATION – MP can give his resignation to Presiding Officer, Presiding Officer can only accept
when he is of opinion that resignation is voluntarily and genuine
3. ABSENCE- If member is absent for more than 60 days without permission (while calculating period,
no account shall be made of the period where house has been prorogue or adjourned for more
than 4 consecutive days. )

OATH / AFFIRMATION BY MEMBERS-

Every MP, before taking his seat prescribe an oath as per 3rd schedule before president or some other
person appointed by president for this behalf.

PENALTY FOR SITTING AND VOTING – without oath/ before oath/he knows he is not qualified/ he knows
he is disqualified for membership/ he is prohibited by law of parliament – so he cannot sit and vote in the
house if he does so a penalty of Rs 500/ day can be imposed.

SALARY/ ALLOWANCES-
Parliament by law determine. There is no provision of pension to members in constitution but parliament
provided pension to members

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PRESIDING OFFICERS

PRESIDING SPEAKER DEPUTY SPEAKER CHAIRMAN DEPUTY

OFFICERS LOK SABHA LOK SABHA RAJYA SABHA CHAIRMAN
RAJYA SABHA
MEMBER He must be the He must be the He is the Vice – He must be the
member of lok member of lok President member of Rajya
sabha sabha (VP is the ex-officio sabha
chairman rajya
sabha)
ELECTION Elected by Elected by Elected for the Vice Elected by
members of lok members of lok president members of
sabha (Simple sabha (Simple Rajya sabha
Majority) Majority) (Simple Majority)
OATH No separate oath No separate oath No separate oath No separate oath
for speaker for Deputy for Chairman for Deputy
speaker chairman
TERM No separate term No separate term No separate term No separate term
(enjoys term of (enjoys term of (enjoys term of (enjoys term of
an MP of Lok an MP of Lok Vice president I e an MP of Rajya
sabha I e 5 years) sabha I e 5 years) 5 years) sabha I e 6 years)
VACATION OF  He is no  He is no  He is no  He is no
SEAT longer the longer the longer the longer the
MP of Lok MP of Lok Vice MP of Rajya
sabha sabha president of sabha
 Death  Death India  Death
 Resign to  Resign to  Death  Resign to
Deputy Speaker of  Resign for the
speaker of Lok sabha the post of Chairman
Lok sabha  Removal Vice Rajya sabha
 Removal president  Removal
(resign to
the
President)
 Removal
REMOVAL By the members of By the members of There is no By the members of
the Lok sabha ( the Lok sabha ( separate removal the Rajya sabha
using Effective using Effective process for sabha ( using
Majority) Majority) chairman rajya Effective
sabha Majority)
He remove from
the post of Vice
president

RAJYA SABHA PRESIDING OFFICERS –

 Vice president of India is the ex officio chairman of Rajya Sabha who presides over the proceedings
of Rajya Sabha.
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 The Presiding Officer doesn’t cast his vote in the first instance to maintain his neutrality however in
the case of a tie he has a right to give vote called casting vote .
 IN CASE OF ABSENCE-Chairman Rajya Sabha is assisted by Deputy chairman Rajya Sabha who
presides over the proceedings of the house in case of absence of chairman Rajya Sabha. If the
chairman and deputy chairman both are absent then the person as may be determine by rules of
procedure of Rajya Sabha but if no such other person is present then the house chooses a member
of Rajya Sabha to act as the Presiding Officer.
 IN CASE OF VACANCY- if there is a vacancy in office of Chairman then deputy chairman shall
preside but if both the offices are vacant then President of India appoints an MP of Rajya Sabha to
act as the Presiding Officer till the time the elections for the new chairman and deputy chairman is
over.

LOK SABHA PRESIDING OFFICERS-

 The Presiding Officer doesn’t cast his vote in the first instance to maintain his neutrality however in
the case of a tie he has a right to give vote called casting vote .
 IN CASE OF ABSENCE-Speaker is assisted by Deputy speaker who presides over the proceedings of
the house in case of absence of speaker . If the Speaker and Deputy speaker both are absent then
the person as may be determine by rules of procedure of Lok Sabha but if no such other person is
present then the house chooses a member of Lok Sabha to act as the Presiding Officer.
 IN CASE OF VACANCY- If there is a vacancy in office of speaker then deputy speaker shall preside
but if both the offices are vacant then President of India appoints an MP of Lok Sabha to act as the
Presiding Officer till the time the elections for the new speaker and deputy speaker is over.

WHO PRESIDES OVER REMOVAL RESOLUTION OF PRESIDING OFFICER-

LOK SABHA-
Speaker or Deputy speaker, though present , cannot preside the session for their respective removal
resolution however they can take part in proceedings and can vote but the voting must be done in the
first instance itself and not after a tie (Then at this time who preside have casting vote).
RAJYA SABHA-
While chairman or Deputy chairman is being removed, though they present but they cannot preside the
session for their respective removal however chairman cannot vote during his own removal (because
Vice President is not the member of the house) though deputy chairman can take part in proceedings,
can vote during his own removal but he must vote in the first instance itself and not after a tie.
SPECIAL POSITION OF SPEAKER LOK SABHA-
When Lok Sabha is dissolved all the members of Lok Sabha cease to be the Members of the house however
the speaker continues in his office till new Lok Sabha is constituted this is because when Lok Sabha be
dissolved, Lok Sabha as an institution doesn’t come to an end therefore the speaker continues in the
office to represent the Lok Sabha.
PRO TEM SPEAKER- He is appointed and administered oath by the President of India he is generally the
senior most members of the newly elected Lok Sabha in terms of no. of years served as Member of LS he
performs 2 important functions-
1. Conducts the oath of office to the newly elected members of Lok Sabha and thereafter he presides
over the election of the speaker of Lok Sabha ( it is the President who administered oath to MP or
somebody on his behalf)(speaker pro tem may also become permanent speaker)

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2. Speaker and deputy speaker don’t take separate oath they take oath as MP ( same is for pro tem
speaker he takes oath as an MP)

SPECIAL FUNCTIONS OF SPEAKER LOK SABHA-

 EX-officio chairman of INDIAN PARLIAMENTARY GROUP which act as a link between parliament of India
and various parliament of world.
 Speaker has to certify that a Bill is a Money Bill and his decision in this regard is final and binding in
house
 He presides over the joint sitting of both the houses
 The committees of parliament, essentially the committees of Lok Sabha and they function under
speaker Lok Sabha. If chairman of parliamentary committee is to be appointed then it is the speaker
Lok Sabha who does this and if speaker himself is a member of parliamentary committee then he is the
ex officio chairman of that committee
 Speaker derives its power from – a. constitution b. Rules of procedure and conduct of business of LS c.
conventions of parliament
 Final interpreter of the provisions of constitution, rules of house etc in the house

NEUTRALITY OF SPEAKER-
1.Has security of tenure
2.Salary is charged from Consolidated fund of India
3.His work/ conduct cannot be discussed and criticised in Lok Sabha except his removal resolution

DEPUTY SPEAKER-
1. He is not subordinate to speaker but responsible to house
2. If he is appointed as a member of a parliamentary committee then he automatically becomes its
chairman.
3. His salary is charged expenditure from Consolidated Fund of India

LEGISLATIVE BUSINESS –
President shall from time to time summon each house of parliament to meet at such time and place as he
thinks fit but maximum time gap between the last sitting in session to first sitting in next session shall not
be more than 6 months.
As per conventions establish in India parliament meets in the form of 3 sessions every year and may also
meet in special session. Regular and special sessions are convened or called by president on advice of
COM
1.BUDGET SESSION- It is the first of the three regular session of parliament. Normally held from Jan to
May. It is the longest and most important session of the parliament. The session begins with the address
by President to the joint session of both the houses of the parliament when LOK SABHA passes vote of
thanks to presidential address it amounts to Lok Sabha express its confidence in COM after this budget is
presented and passed in parliament.
2.MONSOON SESSION - generally held from July to August.
3.WINTER SESSION – shortest session held from November to December.

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Apart from these sessions president may convene special session of parliament on advice of COM to
transact one or more special business in their parliament it can be held within or outside the regular
session of parliament
PRESIDENTIAL ADDRESS- Presidential address to parliament- President addresses houses of parliament at
the commencement of first session of the year and also the first session held immediately after the
general election of Lok Sabha.
 President himself is the Presiding Officer at the time he addresses the houses of parliament.
 The speech is prepared by union COM it is policy statements of GOI. The speech also contain the review
the various activities and achievements of government in different fields during the previous year. The
speech also contains the main items of the legislative business which are proposed to be brought
before parliament during various sessions to be held that year.
 After the address the houses meet separately and deliberate over the content of the address, at the
end of the deliberation each house adopts a motion called vote of thanks to the presidential address
if it is passed by Lok Sabha then it amounts to Lok Sabha expressing its confidence in the union COM
thus every year the COM proves its majority in the Lok Sabha at least once in form of vote of thanks to
the presidential address.
 If the motion of vote of thanks is defeated in Lok Sabha then the government stands censured and
now the government is expected to proof its majority in the house within a reasonable time period ( if
again rejected so government gone}

IMPORTANT TERMS
PROROGATION- Prorogation brings the very session of parliament to an end and after prorogation the
houses can meet only if summoned up fresh by the president. Prorogation can be done by the President.
Effect on business-All pending business and Bills before the parliament don’t lapse with the prorogation of
the houses of parliament however the motion to remove the SC or HC judges must be passed and send
to the president for his assent in the very same session, otherwise lapse. Pending notices lapse (other
than those for the introduction of the Bill)
ADJOURNMENT means a short break or recess within a session of parliament the adjournment of the
house of parliament is an act of the house and it is exercised by the Presiding Officer of the respective
house. Adjournment doesn’t bring the very session of the parliament to an end, but bring the sitting to
an end. If the house is adjourned for an indefinite period without fixing the date for the next meeting it is
called adjournment sine die
(Date of summon and prorogation is decided by Ministry of Parliamentary affairs under GOI (Allocation of
Business )rule made by president.)
DISSOLUTION OF LOK SABHA- It is done by president on the advice of COM. It brings the very life of Lok
Sabha to an end and then general elections are held to elect the new Lok Sabha .Dissolution is
irrevocable. All the pending business and BILL before parliament shall also lapse with the dissolution of
Lok Sabha except for the Bills -
1. A Bill which be passed by both the houses but returned by the president for reconsideration of the
houses shall not lapse even with the dissolution of Lok Sabha
2. A Bill which be passed by both the houses but pending the assent of the president shall not lapse even
with the dissolution of Lok Sabha
3. The Bill which was notified for joint sitting by the president before the dissolution doesn’t lapse
4. The Bill pending in Rajya Sabha but not yet taken by Lok Sabha shall also not lapse

WHICH BILL LAPSES-

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1. A Bill originates in Lok Sabha and pending in Lok Sabha- lapses
2. A Bill originates and passed in Lok Sabha but pending in Rajya Sabha - lapses
3. A Bill originates and passed by Rajya Sabha but pending in Lok Sabha – Lapses

BILL- It is the proposed statute that cannot become law unless approved by both the houses and assented
by president
TYPES OF BILL-
1. GOVERNMENT / PUBLIC BILL- Bill introduced by minister. Need to give 7 days notice.
2. PRIVATE MEMBER BILL- Introduced by non- minister. Needs to give 1 month notice

PROCESS OF LEGISLATION-
1. A draft Bill is prepared by respective ministry in case of government Bill, ministry may also consult with
state government and other ministries.
2. Cabinet examine Bill and now it is ready for introduction in parliament
3. In parliament , in each house a Bill goes through 3 readings-

FIRST READING- Member takes the leave of the house to introduce a Bill, the motion for leave is granted
by voice vote.
Conventions-
- No discussion of Bill at this stage
- Where leave of house is not required so Bill is publish in the Gazette with the permission of
Presiding Officer.

SECOND READING- consists of two stages.

1. "First Stage" - constitutes discussion on the principles of the Bill and its provisions generally on any of the
following motions –
a. that the Bill be taken into consideration; or
b. that the Bill be referred to a Select Committee of the House;
c. or that the Bill be referred to a Joint Committee of the Houses with the concurrence of the other House; or
d. that the Bill be circulated for the purpose of public opinion .

2. "Second Stage" - constitutes the clause-by-clause consideration of the Bill, as introduced in the House or as
reported by a Select or Joint Committee, as the case may be.

THIRD READING-
 No discussion at this stage
 Bill is either accepted or rejected

BILL SEND TO SECOND HOUSE- All three readings.

Second house can-
1. Assent the Bill – Bill sent to president
2. Amend the Bill- If amendment is agreed by first house then Bill is sent to president
3. Amend the Bill – if both the houses disagreed over amendment – lead to deadlock
4. No action till 6 month – lead to deadlock
5. Reject the Bill- lead to deadlock

HOW TO RESOLVE DEADLOCK-

 In case of deadlock president can notify a joint sitting

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
 While calculating 6 months, no account shall be taken of such period where housed has been
prorogued or adjourned for more than 4 consecutive days
 After notification of Joint Sitting no house shall proceed with the Bill
 Majority needed- A Bill has to be passed by simple majority
 Amendments possible at this stage- only those amendments can be introduced at that stage that has
cause final disagreement and amendment necessary due to delay in passage of Bill and decision of
Presiding Officer regarding which amendments are to be allowed is final
 Procedure –The procedure is mentioned in the rules of procedure of Lok Sabha. Presiding Officer also
modify some rules.
 Presiding officer – Speaker (in his absence it will be presided by the Deputy Speaker. In the absence of
Deputy Speaker, it will be presided by the Deputy Chairman. In the absence of the Deputy Chairman of
the Council, any such other person who is determined by the members present at the sitting shall
preside. The Chairman doesn't preside over the joint session at any means/cost).
 Quorum of joint sitting is 1/10th (543+245 = 788).
 Summons to members: The Secretary-General shall issue summons to each member specifying the
time and place for a joint sitting.
 Instances in the past – 3 times (dowry prohibition Act, banking regulation Act, prevention of terrorism
Act).
 What Happen If Joint Sitting Is Not Summoned By President- BILL ENDS

TYPES OF FUNDS-
CONSOLIDATED FUND OF INDIA-
 Under Article 266 Consolidated Fund of India has been provided, Article 266 also provides for
Consolidated Fund for each State. It is the fund into which all the taxes collect, loans raised and income
received by the government is deposited it is the largest fund of the GOI and is a regular fund place at
the disposal of parliament i.e no money can be deposited into, withdrawn from or appropriated out of
the CFI without the sanction of the parliament.
 President need permission of parliament before withdrawal of money from this fund . This permission
is known as APPROPRIATION BILL.
 The disbursements charged on the Consolidated Fund or Charged Expenditures are –
Charged expenditures are those expenditures which are met from Consolidated Fund of India without
the vote of parliament. These expenditure are permanently charged from Consolidated Fund of India.
Purpose of this expenditure is to maintain autonomous character of specific institutions or debt
liabilities of GOI (or of the states) which are also charged expenditure. These are non-votable charges-
No voting takes place for the withdrawal of these expenditures from the Consolidated Fund of
India.These charges have to be paid whether the Budget is passed or not.
The expenses under this category include –
1. the emoluments and allowances of the President and other expenditure relating to his office
2. the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States
and the Speaker and the Deputy Speaker of the House of the People
3. debt charges for which the Government of India is liable and other expenditure relating to the
raising of loans and the service
4. the salaries, allowances and pensions of Judges of the Supreme Court , the pensions of Judges
of any High Court
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
5. the salary, allowances and pension of the Comptroller and Auditor General of India
6. any sums required to satisfy any judgment, decree or award of any court or tribunal
7. any other expenditure declared by this Constitution or by Parliament by law to be so charged
8. The expenses of the Union Public Service Commission, including any salaries, allowances and
pensions payable to or in respect of the members or staff of the Commission

PUBLIC ACCOUNT OF INDIA- Article 266 also provides for Public Account of India and Public Accounts of
each state , all the money collected by GOI other than the tax collected, loan raised and income received
by GOI is deposited into the account called public accounts of India for ex- small saving contributions,
Disinvestments proceeds, pension funds contribution etc.
 Public Account of India is placed at a disposal of executive. It is a constitutional fund
 Government not need permission of parliament to take advances from this account.
 CAG audit all expenditure from Public Account of India.

CONTINGENCY FUND OF INDIA- Article 267 authorizes the parliament to provide by law an emergency
fund called the contingency fund of India. Parliament has created contingency fund of India with an
upper limit of 500 cr rupees.( By budget 2021, amount raised to Rs 30000cr)
 It is used by the president to meet the unforeseen expenditure of GOI and is placed at the disposal
of president (Held by secretary of FM on behalf of President)( operated by executive action)
 once the expenditure is done from the fund , the expenditure is put before parliament whenever it
reassembles for its approval and then if parliament approves the expenditure then equal amount of
money is transferred from Consolidated Fund of India (through appropriation Bill )to contingency
fund .
 Article 267 so empowers the respective state legislatures to create their own contingency fund

TYPES OF BILL-
MONEY BILL- Money Bill is one that deals exclusively/ only with 1 or more money matters that are
mentioned in Art 110 (1) a to f. These matters are-
a- Imposition, abolition or regulation of taxes
b- borrowing of money or giving any guarantee by GOI
c- the custody of Consolidated Fund of India and contingency fund or transferring the money into or
withdrawal of money from these funds
d- Appropriation of money out of Consolidated Fund of India.
e- Declaring an expenditure as charged expenditure or changing its quantum
f- receipt of money on account of Consolidated Fund of India OR public account of India
g- anything incidental or related to above matters are also Money Bill.

A BILL IS NOT MONEY BILL BY REASON ONLY IF-

 Provides for imposition of fines or penalties or for demand or payment of fees for licences or fees
for services rendered
 Provides for imposition, abolition / regulation of any tax by any local authority or body for local
purposes.

DECIDING AUTHORITY- On question whether a Bill is Money Bill or not , decision of speaker Lok Sabha
shall be final.

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
FINANCIAL BILL- Under article 117 contains non money matters as well as money matters. While money is
the main purpose of Money Bill but the primary objective of Financial Bill is non money matter and
transaction of money from government account is only incidental or secondary matter or one of the
many aspects of the issue. If this money matter is one that is provided under 110 (1) a to f that becomes
Financial Bill Category A/1. If the money matter is something other than the list that becomes Financial
Bill Category B/2
All Money Bill are Financial Bill but not all Financial Bill are Money Bill. Only those Financial Bill are
Money Bill which bear the certificate of speaker as such.

ORDINARY BILL- Any Bill which is not Money Bill, Constitutional Amendment Bill, Financial Bill. Definition
of Ordinary Bill is not given in constitution, only the procedure of enactment has been given

CONSTITUTIONAL AMENDMENT BILL- Under Article 368, constitution can be amended by it.

CHART
ORDINARY BILL MONEY FINANCIAL FINANCIAL CONSTITUIONAL
BILL BILL (CAT- BILL (CAT- AMENDMENT
A) B) BILL
Prior President’s No (except Yes Yes No No
Recommendati Article-3)
on For
Introduction

Initiated In Both Lok sabha Only Lok Only Lok Both Lok Both Lok sabha
Which House and Rajya sabha sabha Sabha and and Rajya
sabha Rajya sabha
sabha
nd
Power Of 2 a. Accept Rajya a. Accept a. Accept a. Accept
House b. Reject sabha b. Reject b. Reject b. Reject
c. Send back cannot c. Send back c. Send back c. Send back for
for accept for re- for re- re-
reconsidera or considerati considerati consideration
tion reject on on d. Not respond
d. Not this d. Not d. Not upto 6
respond Bill, respond respond months.
upto 6 only upto 6 upto 6
months consid months month.
er for
14
days.
Joint Sitting Yes No Yes yes No

TOPIC-BUDGET

MEANING- The president causes the budget, every Financial year, to be laid before both the houses of
parliament (also referred as Annual financial statement (detail / record of how much money received and

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
spend )of GOI).The budget is the statement of proposed expenditure and receipt of GOI for the following
financial Year.
1. It includes the proposal for meeting the expenditure in the form of various taxes and other sources of
revenue (proposed expenditure and receipt)
2. It also contains the Annual Financial Statement for the previous Financial Year i.e actual receipt and
expenditure done in the previous Financial Year.
3. Also contains the review of the financial position of the GOI in the ongoing Financial Year when the
budget was presented in the form of estimated receipt and expenditure.

FEATURES-
a. Budget is the Money Bill introduced by Finance Minister in Lok Sabha by practice on last working day
of January (earlier February)
b. The budget consists of 2 parts one related to expenditure and other related to revenue. The revenue
part is called FINANCE BILL and the expenditure part is called APPROPRIATION BILL and both are
Money Bill by nature
c. Estimate Of Expenditure Shows Separately-
 Sum needed to meet expenditure described by this constitution as expenditure charged upon
Consolidated Fund of India.
 Sum needed to meet other expenditure proposed to be made from Consolidated Fund of India.

d. Procedure In Parliament Wrt Estimates-

 Expenditure charged upon Consolidated Fund of India cannot be voted but discussed in both the
houses.
 Non charged expenditure shall be submitted in the form of Demand For Grant to Lok Sabha and
Lok Sabha shall have power to refuse or assent such demand or assent after reduction of amount
specified.(No Demand For Grant shall be made except on recommendation of President)
e. Finance Bill primarily proposes the taxes for the following Financial Year and Appropriation Bill
includes the Demand for Grant of various ministries and the charged expenditure.

STAGES OF PASSING OF BUDGET-

1. PRESENTATION OF BUDGET-It introduce in Lok Sabha but present in parliament, no discussion on the
day of budget delivery.

2. GENERAL DISCUSSION AND VOTE ON ACCOUNT- Discussion on budget issues for 4- 5 days (average),
Finance Ministry has Right to reply to general discussion in both the houses.
VOTE ON ACCOUNT- As whole process of budget beginning with its presentation and ending with the
passing of Appropriation and Finance Bill the process generally goes beyond the current Financial Year.
Thus, a provision has been made in the constitution empowering the Lok Sabha to make any grant in
advance by approving vote on account which will allows the government to carry on with the expenditure
until the voting on Appropriation Bill and Finance Bill is complete. Normally the vote on account is taken
for 2 months and approved an expenditure equivalent to 1- 6 th of total demand for grant proposed in the
budget. Vote on account as a matter of convention is passed by Lok Sabha without discussion as a formal
matter (like charged expenditure)

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3.Scrutiny by Departmental Committees -After the general discussion on the budget is over, the Houses
are adjourned for about three to four weeks. During this gap period, the 24 departmental standing
committees (DRSCs) of Parliament examine and discuss in detail the demands for grants of the
concerned ministers and prepare reports on them. These reports are submitted to both the Houses of
Parliament for consideration. After the recess, the Demands for Grants of individual departments are
discussed and voted upon in the Lok Sabha. When a demand is brought up for discussion, any member
may seek a decrease in the demand's sum by moving one of the cut motions, of which he has previously
given notice.

4.Voting on Demands for Grants (demand+vote = grant)

 The demands are presented ministry wise. A demand becomes a grant after it has been duly voted.
 The voting of demands for grants is the exclusive privilege of the Lok Sabha, I e, the Rajya Sabha has no
power of voting the demands.
 The voting is confined to the votable part of the budget—the expenditure charged on the Consolidated
Fund of India is not submitted to the vote (it can only be discussed).
 Each demand is voted separately by the Lok Sabha. During this stage, the members of Parliament can
discuss the details of the budget. They can also move motions to reduce any demand for grant.

CUT MOTION – While discussing the demand for grant the LS members can introduce various cut motions
which are the instruments to exercise financial control over the executive available in the hands of LS
.They seek to reduce the amount of grants being demanded in various demand for grant for ex-
1. Disapproval of policy cut / policy cut motion - It is in the form that the amount of demand for grant by
the government in the budget be reduced to Re 1. This means that the member who moved the policy
cut motion disapproves the very policy related to a specific demand for grant.
If the policy cut motion is adopted by Lok Sabha then it amounts to defeat of the government and the
government stands censured for which government need to prove their majority again( confidence
motion ) the motion is moved by opposition member ( motion is passed by simple majority)
2. Economy cut motion- the purpose of this motion is to bring economy in expenditure and it asks to
reduce the amount of demand made under a demand for grant by a specific amount . The motion can be
moved by any member of Lok Sabha even if it is passed it doesn’t amount to defeat of the government.
3. Token cut motion- the purpose of token cut is to express a specific grievance w r t an area of
responsibility of governance, the mover of the motion doesn’t oppose the demand for grant, if the
motion is adopted it amounts to the demand for grant getting reduced by re 100
A cut motion, to be admissible, must satisfy the following conditions:
1. It should relate to one demand only.
2. It should be clearly expressed and should not contain arguments or defamatory statements.
3. It should not make suggestions for the amendment or repeal of existing laws.
4. It should not refer to a matter that is not primarily the concern of Union government.
5. It should not relate to the expenditure charged on the Consolidated Fund of India.
6. It should not relate to a matter that is under adjudication by a court.
7. It should not revive discussion on a matter on which a decision has been taken in the same session.

APPLICATION OF GUILLOTINE- Due to lack of time Lok Sabha takes up the demand for grant of about 20
per cent ministries separately and individually scrutinizes them and adopts them after voting the demand
for grant of rest of the ministries are clubbed together and adopted by Lok Sabha without any discussion
on them this phenomenon is refer as application of guillotine it indicates poor financial control exercised
by Lok Sabha on the executive

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5.Passing of Appropriation Bill-
This act authorises (or legalises) the payments from the Consolidated Fund of India. This means that the government
cannot withdraw money from the Consolidated Fund of India till the enactment of the appropriation Bill. This takes
time and usually goes on till the end of April. But the government needs money to carry on its normal activities
after 31 March (the end of the financial year). To overcome this functional difficulty, the Constitution has authorised
the Lok Sabha to make -‘vote on account’.

6. Passing of Finance Bill-The Finance Bill is introduced to give effect to the financial proposals of the Government
of India for the following year. According to the Provisional Collection of Taxes Act of 1931, the Finance Bill must be
enacted (i.e.passed by the Parliament and assented to by the president) within 75 days. The Finance Act legalises
the income side of the budget and completes the process of the enactment of the budget.

OTHER GRANTS :
Various other grants are made by the Parliament under extraordinary or special circumstances:
Supplementary Grant -It is granted when the amount authorised by the Parliament through the appropriation Act
for a particular service for the current financial year is found to be insufficient for that year.

Additional Grant -It is granted when a need has arisen during the current financial year for additional expenditure
upon some new service not contemplated in the budget for that year.

Excess Grant- It is granted when money has been spent on any service during a financial year in excess of the
amount granted for that service in the budget for that year.
 It is voted by the Lok Sabha after the financial year.
 Before the demands for excess grants are submitted to the Lok Sabha for voting, they must be approved by
the Public Accounts Committee of Parliament.

Vote On Credit – Lok Sabha can grant this to meet an expenditure whose amount or detail cannot be precisely
stated on the account of magnitude or indefinite character of the service it is thus like a blank cheque given by
parliament to the executive to incur any amount of expenditure. It hasn’t used in India till now.

Exceptional Grant-It is granted for a special purpose and forms no part of the current service of any financial year.

Token Grant- It is granted when funds to meet the proposed expenditure on a new service can be made available by
re-appropriation. A demand for the grant of a token sum is submitted to the vote of the Lok Sabha and if assented,
funds are made available. (Re-appropriation involves transfer of funds from one head to another. It does not involve
any additional expenditure).

Supplementary, additional, excess and exceptional grants and vote of credit are regulated by the same
procedure which is applicable in the case of a regular budget.

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