• Elected by an electoral college specially

Parliament of India: Organisation & Composition constituted.

Constitutional Provisions • Only 3 UTs have representation: Delhi,
• Articles 79 to 122 in Part V of the Constitution Puducherry, J&K.
cover the Parliament. Nominated Members
• India follows the Westminster model of • Eminent persons nominated by President (non-
parliamentary democracy. electoral route).
• No such provision in the US Senate.
Organisation of Parliament
• Comprises three parts: Lok Sabha (House of the People)
1. President of India Maximum Strength: 550
2. Rajya Sabha (Council of States / Upper • States: 530
House) • Union Territories: 20
3. Lok Sabha (House of the People / Lower Current Strength: 543
House) • States: 524
Role of the President • Union Territories: 19
• Not a member of either House but an integral Representation of States
part of Parliament. • Elected by people through direct elections.
• Powers: • Based on Universal Adult Franchise.
o Summons, prorogues, and dissolves Lok • Voting age: 18 years (reduced from 21 by 61st
Sabha Amendment Act, 1988).
o Addresses Parliament Representation of Union Territories
o Assent to Bills is mandatory for laws • Elected by direct elections under the Union
o Can issue Ordinances under Article 123 Territories (Direct Election to Lok Sabha) Act,
1965.
Comparison with Other Countries Nominated Members (Abolished)
Feature India UK USA • Until 2020: 2 Anglo-Indian members nominated
by the President.
Head of President Crown (part President
• Discontinued by the 104th Constitutional
State (part of of (not part
Amendment Act, 2019, effective 25 Jan 2020.
Parliament) Parliament) of
• Anglo-Indian: Person of European descent,
Congress)
born and domiciled in India.
Legislature Parliament: Parliament: Congress:
President + Crown + HoL Senate + Parliamentary Friendship Groups (PFGs)
RS + LS + HoC House of • Established by India Parliamentary Group (IPG)
Reps to promote bilateral ties.
Governmen Parliamentar Parliamentar Presidentia • Members from both Lok Sabha and Rajya
t System y y l Sabha.
• Speaker of Lok Sabha appoints the President of
Rajya Sabha (Council of States) each PFG.
Maximum Strength: 250 • Aims:
• Elected members: 238 (States + UTs) 1. Maintain political, economic, cultural
• Nominated by President: 12 (Art, literature, contacts.
science, social service) 2. Promote inter-parliamentary talks and
Current Strength: 245 cooperation.
• States: 225 3. Exchange of information on
• Union Territories: 8 (Delhi, Puducherry, J&K) parliamentary matters.
• Nominated: 12 4. Joint positions in international forums.
Representation of States 5. Strengthen bilateral ties.
• Elected by elected members of State
Legislative Assemblies. IPU and India Parliamentary Group (IPG)
• Proportional Representation by Single • IPU (Inter-Parliamentary Union): 179 member
Transferable Vote. parliaments.
• Seat allocation based on population (e.g., UP: • India’s IPG is the National Group of IPU.
31, Tripura: 1). • Benefits:
o Global parliamentary networking.
• Fourth Schedule of the Constitution governs
o Understand international reforms.
allocation.
Representation of UTs
 o Attend conferences and hold positions • 84th Amendment Act (2001): Extended
in IPU bodies. freeze till 2026; allowed rationalisation
based on 1991 Census.
Commonwealth Parliamentary Association (CPA) • 87th Amendment Act (2003): Delimitation
• Comprises ~17,000 parliamentarians across 53
allowed based on 2001 Census, but no
Commonwealth countries.
change in total seats.
• India's IPG is the main CPA branch.
Advantages:
1. Attend conferences/seminars, study tours. 3. Reservation of Seats for
2. Receive publications: The Parliamentarian, First
Reading. SCs and STs
3. Access to parliamentary info and reference. • Basis: Proportional to population in each
4. Introductions and parliamentary courtesies state/UT.
abroad. • Voting System: Joint electorate – all voters
5. Study tours to understand political/procedural in the constituency elect the reserved
systems.
member.
• Flexibility: SC/ST candidates can contest
System of Elections to Lok general seats.
• Duration:
Sabha – UPSC Notes o Originally till 1960.
o Extended by 10 years at a time.
o 104th Amendment Act (2019):
1. Territorial Constituencies Extended till 2030.
• Basis: Direct elections from territorial • Delimitation Related to Reservation:
constituencies. o 84th Amendment (2001): Refixation
• Constitutional Provisions: based on 1991 Census.
o Equal Representation among o 87th Amendment (2003): Refixation
States: The ratio between number based on 2001 Census.
of seats and population shall be as
far as possible the same for all
states (except those with <6 million 4. First-Past-The-Post System
population). (FPTP)
o Equal Representation within States:
• System Used: Territorial representation,
The population-to-seat ratio must
simple majority.
be uniform across all constituencies
• Type of Constituency: Single-member.
within a state.
• Mechanism: The candidate with the highest
• Population Base: Census data – the latest
number of votes wins (not necessarily a
published figures are used.
majority).

2. Readjustment After Census Drawbacks of FPTP:

• Constitutional Mandate: After every • Does not ensure proportional
census, the following must be readjusted: representation.
o (a) Allocation of seats to states in
• May under-represent minorities or smaller
Lok Sabha. groups.
o (b) Division of each state into
territorial constituencies.
• Enabling Legislation: Parliament enacts 5. Proportional
Delimitation Commission Acts. Representation (PR): Why Not
o Acts Passed: 1952, 1962, 1972, and
2002. Adopted for Lok Sabha?
• 42nd Amendment Act (1976): Froze Although used for Rajya Sabha, President,
readjustment till 2000 (based on 1971 and Vice-President, PR was not adopted for
Census). Lok Sabha.
 • Parliament decides the authority and
Reasons:
procedure (via Delimitation Acts of 1952,
1. Complexity – difficult for voters with low
1962, 1972, and 2002).
literacy to understand.
• 42nd Amendment (1976): Froze allocation
2. Political Instability – encourages multiple
and division till 2000 (based on 1971
parties, making stable governance difficult
census).
in a parliamentary system.
• 84th Amendment (2001): Extended freeze
till 2026 but allowed rationalisation using
Demerits of Proportional 1991 census.
Representation (PR): • 87th Amendment (2003): Delimitation
1. Highly expensive and logistically complex. based on 2001 census.
2. No scope for by-elections. Seats per state remain unchanged despite
3. Weakens direct voter-representative population change.
relationship. Reservation of Seats for SCs and
4. Encourages minority/sectarian politics.
5. Enhances party control, reduces voter
STs
• Based on proportion of SC/ST population
influence.
to the total state/UT population.
• 104th Amendment (2019): Reservation
Conclusion: extended till 2030.
• India adopted the FPTP system for Lok • Key points:
Sabha due to its simplicity, cost- o No separate electorates; elected by
effectiveness, and suitability for a diverse all voters.
country. o SC/ST candidates can contest
• Reservations and delimitation are general seats as well.
regulated through constitutional provisions o 84th & 87th Amendments:
and amendments to ensure fair Reservation adjusted based on 1991
representation. & 2001 census, respectively.
First-Past-The-Post (FPTP) System
• Territorial representation: 1 member from
SYSTEM OF ELECTIONS TO each constituency.
• Candidate securing highest number of
LOK SABHA votes is elected (even if not an absolute
Territorial Constituencies majority).
• Direct elections are held for Lok Sabha • Known as Single-Member Constituencies.
through territorial constituencies. Why FPTP over Proportional
• Two constitutional provisions for
representation:
Representation?
a. Inter-State Uniformity: Ratio of 1. Simplicity for low-literate electorate.
seats to population must be uniform 2. Avoids political instability from party
across states (except states with proliferation.
population < 6 million). 3. Better suited for Parliamentary system.
b. Intra-State Uniformity: Ratio of Proportional Representation (PR) used for:
population per constituency to Rajya Sabha, President, Vice President.
seats must be the same throughout Demerits of PR:
a state. • Expensive.
Population = As per the preceding published • No by-elections.
census. • Weak voter–representative contact.
Readjustment After Each Census • Encourages narrow group interests.
• Reduces voter role; strengthens party
• Done to:
o Reallocate seats to states. system.
o Redivide constituencies.
 Under Constitution (Art. 102)
DURATION OF RAJYA SABHA 1. Office of profit under Union/State
& LOK SABHA government (except ministers or exempted
posts).
Rajya Sabha (Upper House) 2. Unsound mind, declared by court.
• Permanent body; not subject to 3. Undischarged insolvent.
dissolution. 4. Non-citizen, or allegiance to foreign state.
• One-third members retire every 2 years. 5. Disqualified under Parliament-made laws.
• Term of office = 6 years. Under RPA, 1951
• Fixed under Representation of People Act, 1. Convicted for electoral offences or corrupt
1951. practices.
• Retirement order for first batch: Decided 2. Jail term ≥ 2 years (excluding preventive
by lottery (1952). detention).
• President authorized to regulate retirement 3. Failure to submit election expenses.
order. 4. Interest in govt contracts.
Lok Sabha (Lower House) 5. Holding office of profit in govt-funded
• Term = 5 years from its first meeting. corporation (>25% share).
• Can be dissolved early by the President 6. Dismissed from govt service for
(cannot be challenged in court). corruption/disloyalty.
• During National Emergency, term can be 7. Convicted for promoting enmity or bribery.
extended 1 year at a time. 8. Punished for social offences like
o Limit: Cannot continue more than 6 untouchability, dowry, sati.
months after emergency ends. President decides disqualification cases
Example: 5th Lok Sabha (1971–1977) was (must consult Election Commission).
extended but dissolved early in Jan 1977.
Disqualification on Grounds of
MEMBERSHIP OF Defection (10th Schedule)
PARLIAMENT 1.Voluntarily quits party.
2.Votes/abstains against party direction.
Qualifications (Article 84) 3.Independent joins any political party.
1. Must be a citizen of India. 4.Nominated member joins party after 6
2. Must take an oath/affirmation swearing: months.
o Faith in Constitution. • Decision by:
o Sovereignty & integrity of India. o Speaker for Lok Sabha.
3. Minimum age: o Chairman for Rajya Sabha.
o 30 years for Rajya Sabha. Kihoto Hollohan Case (1992): Speaker’s
o 25 years for Lok Sabha. decision subject to judicial review.
4. Must meet Parliament-prescribed
qualifications.
VACATION OF SEATS IN
Additional Qualifications (RPA,
1951) PARLIAMENT
1. Registered elector in any parliamentary 1. Double Membership
constituency. • A person cannot be a member of both
o Earlier rule for Rajya Sabha to be Houses of Parliament or Parliament and
elector from same state removed in State Legislature simultaneously.
2003. • Representation of the People Act (1951)
o Upheld by SC in 2006. provisions:
2. For reserved seats: Must belong to SC/ST, o If elected to both Lok Sabha & Rajya
though they can contest general seats too. Sabha, must decide within 10 days.
Else, Rajya Sabha seat is vacated.
Disqualifications
 o If a sitting member of one House is
elected to the other, seat of the first
OATH OR AFFIRMATION
House is vacated. Before taking seat, MP must
o If elected to two seats in one
swear:
House, must choose one, else both
1. True faith and allegiance to the
seats are vacated.
Constitution.
o If elected to both State Assembly
2. Uphold sovereignty and integrity of India.
and Parliament, must resign from
3. Faithfully discharge duties as a member.
one within 14 days, else Parliament
seat is vacated. Until oath is taken:
Governed by Prohibition of • Cannot sit, vote, or enjoy parliamentary
Simultaneous Membership Rules privileges.
(1950) • Penalty: ₹500/day for sitting or voting
under these conditions:
o Without oath.
2. Disqualification o While disqualified.
• If a member becomes subject to o When prohibited under any law.
constitutional disqualifications, his/her
seat becomes automatically vacant.
• Includes: SALARIES, ALLOWANCES
o Disqualifications under Articles 102
and 191.
& PENSIONS
o Tenth Schedule disqualification Governing Laws:
(anti-defection). • Salary, Allowances and Pension of MPs
Act, 1954
3. Resignation • Finance Act, 2018 (latest revision)
• Member can resign by writing to: • Salaries and Allowances of Officers of
o Speaker (Lok Sabha) / Chairman Parliament Act, 1953
(Rajya Sabha). Salary and Allowances (Post-
• Resignation is effective only after
acceptance.
2018 Revisions):
• Can be rejected if found not Component Amount (per
voluntary/genuine. month)
Basic Salary ₹1,00,000
4. Absence Constituency ₹70,000
• Seat vacated if absent for 60 consecutive Allowance
days without permission. Office Expenses ₹60,000
• Excludes periods of adjournment >4 days Allowance
or prorogation.
Pension (former MPs) ₹25,000
Additional Pension (>5 ₹2,000/year
5. Other Cases yrs) (beyond 5)
• Seat vacated if:
o Election is declared void by a court. Daily Allowance (2010) ₹2,000/day
o Member is expelled by the House.
Other Benefits:
o Elected as President/Vice-
• Free travel, accommodation, phone, vehicle
President. advance, medical facilities, etc.
o Appointed as Governor of a State.
If a disqualified person is elected,
RPA 1951 empowers High Court to OFFICERS OF
declare election void. Appeal lies to the PARLIAMENT
Supreme Court.
Lok Sabha:
• Speaker and Deputy Speaker
• Panel of Chairpersons (in Speaker's • Seat becomes automatically vacant.
absence) 3. Resignation
Rajya Sabha: • Written to Speaker (Lok Sabha) or
• Chairman (Vice-President of India) and Chairman (Rajya Sabha).
Deputy Chairman • Must be voluntary and genuine for
• Panel of Vice-Chairpersons acceptance.
Salaries & Allowances of 4. Absence
• 60-day rule: Absent without permission
Presiding Officers:
from all House meetings for 60 days → Seat
• At par with Ministers.
may be declared vacant.
• Charged on the Consolidated Fund of India
• Days during adjournment/prorogation >4
(not voted annually).
days are not counted.
Officer Sumptuary
Allowance 5. Other Cases
• Election declared void by court.
Speaker of Lok ₹2,000 (Cabinet
• Expulsion by House.
Sabha Minister level)
• Elected as President, Vice-President, or
Deputy Speaker ₹1,000 (Minister of appointed Governor.
/ Dy. Chairman State level) • If a disqualified person is elected, high
Chairman of ₹4,00,000/month court (via RPA, 1951) can void election;
Rajya Sabha (post-2018) appealable to SC.
Officers receive the same daily
allowance and constituency allowance Oath or Affirmation by
as MPs.
MPs
• Before taking seat, MP must swear to:
Vacancy of Seat in 1. Bear true faith and allegiance to
Parliament Constitution.
2. Uphold sovereignty & integrity of
1. Double Membership India.
• Representation of the People Act (1951)
3. Faithfully discharge duties.
governs this:
• Penalty of ₹500/day for sitting/voting if:
o Dual Houses: If elected to both
o Oath not taken.
Houses of Parliament, the person o Disqualified.
must choose within 10 days; o Prohibited by law from voting.
otherwise, Rajya Sabha seat is
vacated.
o Switching Houses: If a member of Salaries, Allowances &
one House is elected to the other,
the first seat is vacated.
Pensions of MPs
o Two seats in same House: Must A. Acts Governing
vacate one; otherwise, both seats • 1954: Salary, Allowances and Pension of
become vacant. MPs Act.
o Parliament & State Legislature: • 1976: Pension provision added.
Must resign from one within 14 • 2018 (Finance Act): Latest salary/pension
days, or Parliament seat becomes hike.
vacant. B. Current Entitlements (Post-
Related Case: Kihoto Hollohan vs.
2018)
Zachillhu (1992) – discussed powers of
Speaker in disqualification cases. Item Amount per
Month
2. Disqualification
Salary ₹1,00,000
• As per the Constitution and Tenth Schedule
(Anti-defection). Constituency Allowance ₹70,000
 Office Expense Allowance ₹60,000 7. Certifies Money Bill – decision is final.
8. Decides disqualification under Tenth
Pension (basic) ₹25,000
Schedule (Kihoto Hollohan case: judicial
Extra pension (per year ₹2,000 review allowed).
after 5 years) 9. Ex-officio Chairman of:
• Daily Allowance: ₹2,000/day of duty. o Indian Parliamentary Group.
• Also includes travel, accommodation, o Conference of Presiding Officers.
vehicle, medical benefits. 10. Appoints Committee Chairpersons:
• Business Advisory Committee.
• Rules Committee.
Presiding Officers of
• General Purposes Committee.
Parliament
1. Lok Sabha
• Speaker & Deputy Speaker elected from Independence and
members.
• A Panel of Chairpersons is also appointed. Impartiality of the Speaker
The Speaker of Lok Sabha holds a prestigious and
2. Rajya Sabha
authoritative position. Therefore, independence
• Vice-President = Ex-officio Chairman.
and impartiality are its sine qua non (essential
• Deputy Chairman elected.
conditions).
• A Panel of Vice-Chairpersons is appointed.
Constitutional & Statutory
Speaker of Lok Sabha: Provisions Ensuring Independence:
1. Security of Tenure:
Election & Tenure o Speaker can be removed only by an
• Elected soon after Lok Sabha's first sitting. effective majority (majority of all
• Holds office until next LS is elected, even the then members of the House).
after LS dissolution. o Requires a notice supported by at
Can Vacate Office if: least 50 members for consideration
1. No longer MP. and discussion.
2. Resigns to Deputy Speaker. 2. Salaries and Allowances:
3. Removed by effective majority with 14-day o Fixed by Parliament.
notice. o Charged on the Consolidated Fund
During removal motion: Can be present, of India (not subject to annual vote
speak, and vote (except casting vote in of Parliament).
tie). 3. Immunity from Discussion:
o Work and conduct cannot be
discussed in the Lok Sabha except
Speaker of Lok Sabha: on a substantive motion.
Powers & Functions 4. Judicial Immunity:
o Powers related to regulating
Constitutional | Procedural |
procedure, maintaining order, etc.,
Conventional Sources
not subject to judicial review.
Major Powers: 5. Casting Vote Only:
1. Maintains order & decorum in House. o Cannot vote in the first instance.
2. Final interpreter of Constitution, LS Rules, o Can only exercise a casting vote in
precedents. case of a tie — reinforces
3. Adjourns/suspends House for lack of impartiality.
quorum (1/10th of members). 6. High Order of Precedence:
4. Casting Vote: Only in case of tie. o Ranks 7th, along with the Chief
5. Presides over joint sittings (Art. 108). Justice of India.
6. Can allow secret sitting on PM/Leader’s o Higher than all cabinet ministers
request. except the PM and Deputy PM.
 Observation by V.V. Giri: Historical Background
“The holder of an office with such extensive Year Development
authority must be impartial… safeguarding
1921 Under Govt of India Act, 1919 →
the rights of minority parties is essential.”
— Journal of Constitutional and Office of President and Deputy
Parliamentary Studies, Vol II, No.4, Oct-Dec. President of Central Legislative
1968 Assembly
1921 Frederick Whyte
Comparison with Britain: (President/Speaker) and
• In Britain, Speaker resigns from political Sachidanand Sinha (Deputy
party and remains neutral. President/Deputy Speaker)
• No such convention in India, although appointed
demanded.
1925 Vithalbhai J. Patel: First Indian and
elected Speaker
Deputy Speaker of Lok Sabha 1935 Govt of India Act, 1935 changed
Election & Tenure: titles to Speaker and Deputy
• Elected by Lok Sabha after the Speaker. Speaker, but not enforced until
• Election date is decided by the Speaker. 1947
• Holds office till Lok Sabha tenure, unless: 1946–1956 G.V. Mavalankar served as Speaker
1. Ceases to be member, — also in Constituent Assembly
2. Resigns (to Speaker), (Legislative) and Provisional
3. Removed by effective majority with Parliament
14 days’ notice. First Deputy Ananthasayanam Ayyangar
Functions: Speaker of
• Performs Speaker’s duties when: Lok Sabha
o Speaker is absent, or
o Speaker's office is vacant.
• Presides over joint sittings in Speaker’s
Panel of Chairpersons of Lok
absence. Sabha
• Not subordinate to Speaker — responsible • Nominated by the Speaker (max 10
directly to Lok Sabha. members).
• While presiding: • Presides over House in absence of Speaker
o Cannot vote in first instance. & Deputy Speaker.
o Can exercise casting vote in case of • Has same powers as the Speaker when
tie. presiding.
Other Privileges: • Cannot preside when Speaker and Deputy
• When part of a parliamentary committee, Speaker posts are vacant — in such case:
o President appoints a member
becomes its Chairperson automatically.
• When Speaker is present: temporarily.
o Functions as a regular MP — can o Elections held as soon as possible to

speak, participate, vote. fill vacancies.

Remuneration:
• Salary and allowances: fixed by Parliament, Speaker Pro Tem
charged on Consolidated Fund of India. Constitutional Provision:
Convention: • When new Lok Sabha is constituted,
• Usually, Speaker is from ruling party, outgoing Speaker vacates office before first
Deputy Speaker from opposition — not sitting.
strictly followed. Appointment:
• President appoints the senior-most
member as Speaker Pro Tem.
 • President administers oath. • Appointed by: Chairman from among
Functions: members.
• Function: Preside in absence of both
1. Administers oath to new members.
Chairman and Deputy Chairman.
2. Presides over the first sitting.
• Limitations: Cannot preside if both offices
3. Enables the election of the new Speaker.
are vacant.
4. Office ceases after Speaker is elected.
o In such cases, President appoints a
Nature: member to discharge duties until
• Temporary office, existing only for a few elections.
days.
Parliament Secretariat
• Separate for each House; some posts may
be common.
Presiding Officers in Rajya Sabha • Head: Secretary-General (permanent
Chairman of Rajya Sabha officer, appointed by Presiding Officer).
• Position: Vice-President of India (ex-officio • Regulated by: Parliament.
Chairman).
• When Vice-President Acts as President: Leaders in Parliament
o Cannot perform Chairman duties.
Leader of the House
o Receives President’s salary, not
• Lok Sabha: PM (if member) or nominated
Chairman's. Minister.
• Removal: Only when removed as Vice-
• Rajya Sabha: Minister nominated by PM.
President. • Role:
• Powers & Functions: o Key in managing business of the
o Similar to Lok Sabha Speaker.
House.
o Differences:
o Can nominate Deputy Leader.
1. Speaker decides if a bill is a • US Equivalent: Majority Leader.
money bill; Chairman cannot. Leader of the Opposition
2. Speaker presides over joint • Statutory status under Salary and
sittings; Chairman does not. Allowances Act, 1977.
• Voting: Cannot vote in the first instance;
• Role:
has casting vote in a tie. o Constructive criticism of the govt.
• On Removal Motion: Can participate and o Alternate government.
speak, but not preside. • Status: Equal to Cabinet Minister.
Deputy Chairman of Rajya Sabha • Recognition Conditions:
• Elected by the Rajya Sabha from among its o Largest opposition party.
members. o Minimum 1/10th strength of the
• Vacates Office:
House.
1. If no longer a Rajya Sabha member. o Recognised by Chairman/Speaker.
2. On resignation to Chairman. • British Equivalent: Shadow Cabinet.
3. If removed by an effective majority
(14-day notice required).
• Role:
Whips
o Acts as Chairman in absence or • Not mentioned in Constitution or House
when Vice-President is discharging Rules.
Presidential functions. • Based on parliamentary conventions.
o Not subordinate to the Chairman; • Role:
o Ensure attendance and voting
directly responsible to the House.
o Cannot preside during removal discipline.
o Act as assistant floor leaders.
motion; can participate.
• Voting: Only casting vote in case of a tie. • Government Chief Whip:
o Lok Sabha: Minister of
Panel of Vice-Chairpersons
Parliamentary Affairs.
 o Rajya Sabha: MoS for Parliamentary • Done by the Presiding Officer
Affairs. (Speaker/Chairman).
• Legal Backing: • Does not affect bills or business; they
o Facilities Act, 1998: resume when House meets again.
• Recognised Party: ≥55 LS
members / ≥25 RS members. 6. Adjournment sine die
• Recognised Group: ≥30 LS • Adjournment without naming a day for
members / ≥15 RS members. reassembly.
• Terminates a sitting indefinitely.
• Power lies with the Presiding Officer.
Sessions of Parliament • Officer may call the House earlier than
scheduled adjournment or after
1. Summoning adjournment sine die.
• The President summons each House of
Parliament to meet at a time and place as
deemed fit. 7. Prorogation
• The maximum gap between two sessions • Ends both a sitting and a session.
cannot exceed six months. • Done by the President of India.
• • Does not affect pending bills or business
Parliament must meet at least twice a year.
• Usually, there are three sessions: (they continue in the next session).
• Pending notices (except bills introduction)
1. Budget Session: February to May
2. Monsoon Session: July to lapse and need to be re-given next session.
• Difference from adjournment:
September
3. Winter Session: November to Aspect Adjournment Prorogation
December Ends No Yes
session?
2. Definition of a Session Done by Presiding President
• A session is the period between the first Officer
sitting of a House and its prorogation (or Effect on No effect Bills continue,
dissolution in case of Lok Sabha). bills notices lapse
• During a session, the House meets regularly
(usually every day).
• The period between prorogation and the 8. Dissolution
next session is called recess. • Applies only to Lok Sabha (Rajya Sabha is
permanent, no dissolution).
• Ends the life of the current Lok Sabha.
3. Meetings and Sittings • Followed by general elections for a new Lok
• A session consists of many meetings.
Sabha.
• Each day’s meeting has two sittings:
• Ways Lok Sabha can dissolve:
o Morning: 11 AM to 1 PM
1. Automatic dissolution: After 5 years
o Post-lunch: 2 PM to 6 PM
(or extended during emergency).
2. Presidential dissolution: At
4. Ending a Sitting President’s discretion.
A sitting of Parliament can end by: • Irrevocable once dissolved prematurely.
• Adjournment • Upon dissolution, all pending business
• Adjournment sine die lapses and must be reintroduced in the new
• Prorogation Lok Sabha except:
• Dissolution (only Lok Sabha) o Some pending bills and assurances
with the Committee on Government
5. Adjournment Assurances.
• Suspends work for a specified time (hours, Bills lapsing on dissolution:
days, or weeks). Bill Status Lapses?
• Terminates only a sitting, not the session.
Pending in Lok Sabha Yes 2. Speaker’s opinion:
o If unchallenged, the Speaker
Passed Lok Sabha, pending in Rajya Yes
declares the result twice, and the
Sabha
question is decided accordingly.
Not passed by both Houses, joint sitting No o If challenged, the Speaker orders
notified the lobby to be cleared.
Pending in Rajya Sabha, not passed by No 3. If challenged after clearing lobby:
Lok Sabha o Speaker re-puts the question after
Passed both Houses, pending No 3 minutes 30 seconds.
President’s assent o Declares the result again.
o If challenged again, votes are
Passed both Houses, returned by No
recorded by one of these methods:
President for reconsideration
• Automatic vote recorder
• ‘Aye’ and ‘No’ slips
9. Quorum • Members physically moving
• Minimum members required to conduct into lobbies (now mostly
business. obsolete).
• One-tenth of total members including 4. Unnecessary Division:
Presiding Officer. If division (formal vote) is unnecessarily
• Minimum members present: claimed, the Speaker may ask members to
o Lok Sabha: 55 members stand in their places for a physical count
o Rajya Sabha: 25 members and declare the decision without recording
• If quorum is not met, the Presiding Officer names.
must adjourn or suspend the sitting.
Here’s a clear and structured summary of the key Methods of Voting
points from your detailed text on Voting in 1. Voice Vote:
Parliament and related procedural aspects: Simple verbal ‘Ayes’ or ‘Noes’ to decide.
2. Division (Formal Vote):
Voting in the House of Parliament o By Automatic Vote Recording
• Decision by Majority: Equipment (electronic).
All matters in either House or joint sittings o By distributing slips (‘Ayes’/‘Noes’).
are decided by a majority of members o By members going into lobbies
present and voting, excluding the presiding (obsolete since electronic system).
officer. 3. Secret Ballot:
• Types of Majority: Voting done secretly using LED panels that
Most matters require a simple majority flash white light to indicate a recorded vote,
(more than half of members present and instead of showing individual choices.
voting). A few specified matters require an 4. Recording by Slips:
effective majority or special majority as Used when electronic voting fails or at the
per the Constitution. start of a new Lok Sabha before seats are
• Role of Presiding Officer: allocated.
o Does not vote in the first instance. 5. Physical Count:
o Has a casting vote only in case of a Speaker may count members standing in
tie (equality of votes). their places for ‘Ayes’ and ‘Noes’ if division
• Validity of Proceedings: is unnecessary.
Proceedings remain valid even if there is 6. Casting Vote:
unauthorized voting or vacancies in o Speaker only votes to break a tie.
membership. o No vote in the first instance.

Voting Procedure in Lok Sabha Language in Parliament

1. Speaker puts the question:
Members say ‘Aye’ (for) or ‘No’ (against).
 • Official Languages: Hindi and English are • General rule for most parliamentary
the primary languages for parliamentary decisions (Article 100).
business. • Required for:
• Other Languages: Members may speak in o Passing ordinary bills, money bills,
their mother tongue with prior permission. financial bills
• Simultaneous Interpretation: Available for o Passing motions like Adjournment,
languages listed in the Eighth Schedule of No-confidence, Confidence,
the Constitution. Censure, Motion of Thanks
• Translation Requirement: If simultaneous o Removal of Vice-President (Lok
interpretation is not available, members Sabha)
must provide a translation in Hindi or o Approval of President’s Rule (Article
English. 356)
• English Use: Despite the original o Approval of Financial Emergency
constitutional plan to discontinue English (Article 360)
after 1965, it continues alongside Hindi o Election of Speaker and Deputy
under the Official Languages Act, 1963. Speaker (Lok Sabha)
o Election of Deputy Chairman of

Rights of Ministers and Attorney Rajya Sabha

o Disapproval of national emergency
General (Article 352)
• Can speak and participate in proceedings of
either House, joint sittings, and committees 2. Effective Majority
• Majority of the effective strength of the
of Parliament, even if they are not
members of that House. House (total membership minus vacant
• Cannot vote unless they are members. seats).
• A person can be a minister for up to six • Constitution refers to it as “majority of all
months without being a member of either the then members of the House.”
House. • Required for:
o Removal of Vice-President (Rajya
Sabha)
Lame-duck Session o Removal of Deputy Chairman (Rajya
• Refers to the last session of the outgoing Sabha)
Lok Sabha after the new Lok Sabha o Removal of Speaker and Deputy
elections but before the new House is Speaker (Lok Sabha)
constituted.
• Members not re-elected are called lame 3. Absolute Majority
• Majority of the total membership of the
ducks.
• Purpose: To pass the Vote on Account to House, regardless of vacancies or
allow government functioning until the new absentees.
• Example: Rajya Sabha’s absolute majority =
Lok Sabha convenes.
• Held in 1957 and 1962; not held in the third 123, Lok Sabha’s = 272.
• Not a standalone constitutional
Lok Sabha due to quick constitution of the
new House. requirement but part of special majority
calculations.
4. Special Majority
Special Majority-I
• Majority of total membership plus two-
TYPES OF MAJORITY IN thirds of members present and voting.
PARLIAMENT • Required for:
o Constitutional amendments (Article
1. Simple Majority
• Also called ordinary majority, functional 368)
o Removal of Supreme Court Judges
majority, or working majority.
• Majority of members present and voting at (Article 124)
the sitting.
 o Removal of High Court Judges 1. Substantive Motion: Independent
(Article 217) and important, e.g., impeachment
o Removal of Comptroller & Auditor of the President.
General (Article 148) 2. Substitute Motion: Alternative to an
o Removal of Chief Election original motion, supersedes it if
Commissioner (Article 324) adopted.
o Removal of State Election 3. Subsidiary Motion: Depends on
Commissioner (Article 243K) another motion, cannot stand alone;
o Approval of proclamation of includes:
national emergency (Article 352) • Ancillary Motion: Regular
Special Majority-II procedure motions.
• Two-thirds of the total membership of each • Superseding Motion: Moves
House. to supersede an ongoing
• Required for impeachment of the President debate issue.
(Article 61). • Amendment: Modifies or
Special Majority-III substitutes part of an
• Two-thirds of the members present and original motion.
voting in Rajya Sabha. Closure Motion
• Required for: • Used to cut short debate and immediately
o Creation of new All-India Services
put the matter to vote.
(Article 312) • Types:
o Parliamentary legislation on State o Simple Closure: Move to end debate
List matters (Article 249) as sufficiently discussed.
o Closure by Compartments: Debate
DEVICES OF PARLIAMENTARY and vote on grouped clauses of a
bill.
PROCEEDINGS o Kangaroo Closure: Debate and vote
Question Hour only on important clauses; others
• First hour of every sitting for questions by skipped.
members to ministers or private members. o Guillotine Closure: Due to lack of
• Types of questions: time, all clauses (discussed and
o Starred: Oral answers + undiscussed) put to vote together.
supplementary questions allowed
o Unstarred: Written answers, no
1. Privilege Motion
supplementary questions • Concerned with breach of parliamentary
o Short Notice: Oral answers, asked
privileges by a minister.
with less than 10 days notice • Moved when a member feels a minister has
• Printed in different colors for easy withheld facts or given distorted facts.
identification (starred - green, unstarred - • Purpose: To censure the minister.
white, short notice - light pink, private
members - yellow). 2. Calling Attention Motion
• Introduced to call a minister’s attention to a
Zero Hour matter of urgent public importance.
• Starts immediately after Question Hour. • Seeks an authoritative statement from the
• Informal time to raise urgent public matters minister.
without prior notice. • Indian innovation since 1954; mentioned in
• Unique Indian parliamentary innovation Rules of Procedure.
since 1962. • Similar to Zero Hour but formally
Motions recognized.
• Used to express the opinion or decision of 3. Adjournment Motion
the House. • Draws attention to a definite matter of
• Three types: urgent public importance.
 • Needs support of 50 members to be • Admitted by the Speaker but date for
admitted. discussion not yet fixed.
• Interrupts normal business; considered an • Date fixed after consultation with Leader of
extraordinary device. the House or Business Advisory Committee.
• Not allowed in Rajya Sabha. 9. Dilatory Motion
• Discussion lasts at least 2 hours 30 minutes. • Motion to adjourn debate or delay progress
• Restrictions include: of business.
1. Must be definite, factual, urgent, • Can be moved anytime after a motion is
and of public importance. made.
2. Covers only one matter. • Debate restricted to the dilatory motion.
3. Must relate to recent specific • Speaker can treat it as abuse and put
matter. question immediately or refuse.
4. Cannot raise privilege questions.
5. Cannot revive previously discussed 10. Point of Order
matter in the same session. • Raised when House proceedings violate
6. Cannot concern matters under court procedural rules.
adjudication. • Relates to interpretation or enforcement of
7. Cannot overlap with distinct rules or constitutional provisions.
• Usually by opposition to check government.
motions.
• Suspends proceedings; no debate allowed.
4. No-Confidence Motion
• Based on Article 75: Council of Ministers 11. Half-an-Hour Discussion
collectively responsible to Lok Sabha. • Discusses matters of public importance
• Lok Sabha can remove ministry by passing needing factual elucidation.
• Speaker can allot three days a week.
this motion.
• • No formal motion or voting.
Needs support of 50 members to be
admitted. 12. Short Duration Discussion
• Does not require stating reasons. • Also called two-hour discussion.
• Can be moved only against the entire • For urgent public matters.
Council of Ministers. • Speaker can allot two days a week.
• If passed, the ministry must resign. • No formal motion or voting.
5. Confidence Motion • Existed since 1953.
• Used when government seeks to prove its 13. Special Mention
majority. • For matters not covered under other
• Often used in cases of fractured mandates, discussion rules.
coalition or minority governments. • In Rajya Sabha, called Special Mention.
• If defeated, government falls. • In Lok Sabha, similar to Notice (Mention)
6. Censure Motion under Rule 377.
• Different from no-confidence motion. 14. Resolutions
• A motion to express disapproval but not • Independent proposals for House approval.
necessarily remove government. • All are substantive motions and require
7. Motion of Thanks voting.
• • Objectives can be: opinion declaration,
Discussion on President's Address (similar
to UK’s Speech from the Throne). approval/disapproval, urging action, etc.
• • Classified as:
First session after general election and first
session each fiscal year. 1. Private Member’s Resolution –
• Motion must be passed; if defeated, it moved by private members;
amounts to government defeat. discussed on alternate Fridays.
• Provides members an opportunity to 2. Government Resolution – moved by
critique government policies. ministers; includes treaty approval,
policy declarations, or committee
8. No-Day-Yet-Named Motion recommendations.
 3. Statutory Resolution – required by 1. First Reading
Constitution or law; moved by any • Can be introduced in either House by any
member. member (minister or private).
• Resolutions always voted on, unlike some • Mover requests leave to introduce; if
motions. granted, reads title & objectives.
15. Youth Parliament Scheme • No discussion occurs here.
• Introduces youth to parliamentary • Bill published in Gazette of India.
procedures. 2. Second Reading
• Promotes discipline, tolerance, and • Most important stage, involving detailed
democratic values. scrutiny.
• Supported by Ministry of Parliamentary • Sub-stages:
Affairs. o General Discussion: Principles
discussed; House can take action:
(i) Consider immediately or later
Legislative Procedure in (ii) Refer to Select Committee
(iii) Refer to Joint Committee
Parliament (iv) Circulate for public opinion
1. Types of Bills in Parliament o Committee Stage: Clause-by-clause
• Public Bills (Government Bills) examination by committee;
Introduced by a minister, reflect amendments possible without
government policies, higher chance of changing underlying principles.
approval, rejection can imply no- o Consideration Stage: House debates
confidence. each clause; members can propose
• Private Bills (Private Members’ Bills) amendments; voting on each clause.
Introduced by any MP other than a 3. Third Reading
minister, do not reflect government policy, • Debate limited to acceptance or rejection of
lower chance of approval, rejection has no the whole bill.
government implication. • No amendments allowed.
Types of Bills Based on Content: • If passed by majority, bill authenticated by
• Original Bills (new proposals) presiding officer and sent to second House.
• Amending Bills (modify existing laws) 4. Bill in the Second House
• Consolidating Bills (consolidate laws on a • Passes through the same three readings.
subject) • Four options for second House:
• Expiring Laws (Continuance) Bills (a) Pass without amendments
• Repealing Bills (repeal existing Acts) (b) Pass with amendments (returns to first
• Validating Bills (validate certain actions) House)
• Bills to Replace Ordinances (c) Reject the bill
• Constitution (Amendment) Bills (d) Take no action (pending status)
• Money and Financial Bills • If disagreement or deadlock, President may
Types of Bills Based on Procedure: summon a joint sitting of both Houses to
• Ordinary Bills (general matters other than resolve.
financial) • Majority in joint sitting decides outcome.
• Money Bills (financial matters like taxation, 5. Assent of the President
expenditure) • After both Houses pass the bill, it is sent to
• Financial Bills (financial but distinct from the President.
money bills) • President may:
• Constitution Amendment Bills (to amend (a) Give assent → bill becomes law
Constitution provisions) (b) Withhold assent → bill fails
(c) Return bill for reconsideration → if
Procedure for Passing Ordinary passed again, assent must be given
• President’s veto is suspensive only.
Bills (Five Stages)
Money Bills (Article 110) Financial Bills
• Definition: Bills that deal exclusively with Financial bills deal with fiscal matters such as
matters like taxation, government revenue and expenditure. The Constitution of India
borrowing, public funds, expenditure, and classifies financial bills into three types:
related financial subjects. 1. Money Bills (Article 110)
• Key points: • Contain only matters specified in Article
o Can only be introduced in Lok
110.
Sabha, on President’s • Certified as Money Bills by the Speaker of
recommendation. Lok Sabha.
o Only a minister can introduce a
• Can only be introduced in Lok Sabha.
money bill (government bill). • Rajya Sabha can only recommend
o Rajya Sabha has restricted powers:
amendments but cannot reject or amend
• Cannot reject or amend
Money Bills.
money bills. • Lok Sabha has overriding powers over
• Must return with or without
Money Bills.
recommendations within 14
days. 2. Financial Bills (I) (Article 117(1))
• Lok Sabha may accept or • Contain both matters mentioned in Article
reject recommendations. 110 and other general legislative matters.
• • Example: A bill with a borrowing clause plus
President’s role:
o Must either assent or withhold other issues.
• Similar to Money Bills in that they:
assent.
o Cannot return money bills for o Can be introduced only in Lok

reconsideration. Sabha.
o Require President's
recommendation.
Differences Between Ordinary • Differ from Money Bills as Rajya Sabha can
Bill and Money Bill reject or amend them (with some
restrictions on tax amendments).
Feature Ordinary Bill Money Bill
• Deadlocks can be resolved by a joint sitting
Introduction Either House, by Only Lok summoned by the President.
minister or Sabha, only • President may assent, withhold assent, or
private member by a minister return the bill for reconsideration.
President's Not required Required 3. Financial Bills (II) (Article 117(3))
Recommendation • Contain provisions involving expenditure
Rajya Sabha Can amend or Cannot from the Consolidated Fund but do not
Power reject amend or include matters from Article 110.
reject; only • Treated as ordinary bills.
recommend • Can be introduced in either House without
Rajya Sabha Time No specific time Must return prior President’s recommendation.
Limit limit within 14 • President’s recommendation is needed
days before consideration.
• Can be amended or rejected by either
Effect of Rajya No special Deemed
House.
Sabha Delay consequence passed if not
• Deadlocks can be resolved by a joint sitting
returned in
summoned by the President.
14 days
• President may assent, withhold assent, or
President’s Can assent, Can assent return the bill.
Powers withhold, or or withhold,
return for cannot
reconsideration return Joint Sitting of Two Houses
 • A constitutional mechanism to resolve • Originally separate since 1924 based on the
deadlocks between Lok Sabha and Rajya Acworth Committee’s recommendations.
Sabha on ordinary bills or financial bills • Reasons for separation:
only (not Money Bills or Constitutional o Flexibility in railway finance.
Amendment Bills). o Business approach to railway policy.
• Deadlock occurs when: o Stability in general revenues with
1. One House rejects a bill passed by assured contributions.
the other. o Railways retained profits for
2. Houses disagree on amendments. development after fixed
3. Six months pass without passage by contribution.
the second House. • Merged in 2017, now only one Union
• The President summons the joint sitting. Budget covering all government ministries
• Lok Sabha Speaker presides; if absent, including railways.
Deputy Speaker or Deputy Chairman of
Rajya Sabha or another member as decided.
• Quorum: One-tenth of total members of
both Houses.
• Governed by Lok Sabha’s Rules of
Constitutional Provisions on
Procedure. the Budget in India
• Bill is passed if a majority of members
present and voting support it. 1. Presentation of Budget
• • The President must cause to be laid before
Lok Sabha usually wins due to numerical
superiority. both Houses of Parliament a statement of
• Only amendments causing disagreement or estimated receipts and expenditure for
needed due to delay are allowed. every financial year. (Article 112)
• • No demand for grants shall be made except
Since 1950, joint sittings have been
convened only thrice: on the recommendation of the President
o Dowry Prohibition Bill (1960) (Article 113). Parliament can discuss the
o Banking Service Commission demand but cannot increase the amount
(Repeal) Bill (1977) (Article 113).
o Prevention of Terrorism Bill (2002) • The Lok Sabha has exclusive powers to
approve, refuse, or reduce demands but
cannot increase the amount specified
Budget in Parliament (Article 113).
• The Constitution uses the term “Annual • No amendment can be made to an
Financial Statement” (Article 112), appropriation bill that alters the amount or
commonly called the Budget. destination of any grant voted, or
• Covers government receipts and expenditure charged on the Consolidated
expenditure for the financial year (1 April to Fund (Article 114).
31 March). • Lok Sabha may make a Vote on Account
• Components of the Budget: (grant in advance) for estimated
1. Estimates of revenue and capital expenditure pending full passage of
receipts. demands and appropriation bill (Article
2. Ways and means to raise revenue. 116).
3. Estimates of expenditure.
2. Charged Expenditure vs. Votable
4. Actual receipts and expenditure of
previous year with reasons for Expenditure
surplus or deficit. • Charged expenditure is spent from the
5. Economic and financial policy for the Consolidated Fund of India but is non-
coming year, including taxation votable (Parliament can only discuss it, not
proposals and new schemes. vote).
• Examples of charged expenditure include:
Railway Budget and General Budget
(Until 2017)
 o Emoluments and allowances of the
President, and expenses relating to
Additional Important
his office Constitutional Points
o Salaries and pensions of judges of • No money can be withdrawn from the
the Supreme Court and High Courts Consolidated Fund except under a law
o Salaries and pensions of Comptroller (Appropriation Act) passed by Parliament
and Auditor General, Union Public (Article 114).
Service Commission members • No money bill imposing tax shall be
o Debt charges including interest and introduced except on President’s
redemption charges recommendation and only in Lok Sabha
o Sums to satisfy judgments or arbitral (Article 117).
awards • No tax shall be levied or collected except by
o Other expenditures declared by authority of law (Article 265).
Parliament as charged • Parliament can reduce or abolish a tax but
cannot increase it (Article 117).
Stages in the Enactment of • Rajya Sabha cannot vote on demands for
grants (Article 113) but can return money
the Budget bills with recommendations within 14 days;
1. Presentation of the Budget Lok Sabha can accept or reject these
o Usually presented by the Finance (Article 109).
Minister on the last working day of • Estimates must distinguish between
February (advanced to 1st February charged and voted expenditure, and
since 2017). revenue and other expenditures (Article
o Can be presented in multiple parts, 112).
each treated as a separate budget.
o No discussion on the day of
presentation.
Components of Budget
o Budget speech delivered by Finance Documents Presented to
Minister, followed by the budget
being laid before the Rajya Sabha Parliament
(which can discuss but not vote). • Budget Speech
2. General Discussion • Annual Financial Statement (Article 112)
o Parliament discusses the budget • Demands for Grants
proposals in general terms. • Finance Bill
3. Scrutiny by Departmental Committees • Statements under FRBM Act:
o Detailed examination of budgetary o Macro-Economic Framework
provisions by various Parliamentary Statement
Committees. o Fiscal Policy Strategy Statement
4. Voting on Demands for Grants o Medium-Term Fiscal Policy
o Lok Sabha votes on demands for Statement
grants; Rajya Sabha has no voting • Expenditure Budget
power here. • Receipts Budget
5. Passing of the Appropriation Bill • Expenditure Profile
o Appropriation Bill authorizes the • Memorandum Explaining Provisions in
government to withdraw money Finance Bill
from the Consolidated Fund. • Budget at a Glance
6. Passing of the Finance Bill • Outcome Budget (Output Outcome
o Finance Bill deals with taxation and Monitoring Framework)
other financial proposals. • Key Features of the Budget
o Money bills (a type of Finance Bill) • Implementation Report on Previous Budget
can only be introduced in Lok Sabha Announcements
with President's recommendation. • Key to Budget Documents
Note: The Economic Survey is now presented o Policy Cut: Disapproval of policy
separately, before the Budget presentation day. underlying the demand; can
propose an alternative policy.
o Economy Cut: Proposes a specific

2. General Discussion reduction in the demand amount.

o Token Cut: Symbolic reduction
• Timing: Begins a few days after the budget
presentation, lasts 3-4 days. (usually ₹100) to highlight a
• Where: Both Houses of Parliament (Lok grievance.
• Conditions for admissibility of Cut Motion:
Sabha and Rajya Sabha).
o Must relate to one demand only.
• What:
o Lok Sabha discusses the budget as a o Clearly expressed without

whole or on principles involved. defamatory statements or

o No cut motions can be moved at this arguments.
o Confined to a specific matter.
stage, nor can the budget be put to
o Cannot suggest repeal/amendment
vote.
o Finance Minister has the right to of laws or relate to non-Union
reply at the end of the discussion. matters.
o Cannot relate to expenditure
charged on Consolidated Fund or
3. Scrutiny by Departmental matters under judicial adjudication.
Committees o Cannot raise privilege issues.
• After General Discussion: Parliament • Significance of Cut Motions:
adjourns for 3-4 weeks. o Initiates focused discussion on
• Role of Committees: demands.
o 24 Departmental Standing o Upholds responsible government by
Committees examine detailed probing government activities.
demands for grants related to • Reality: Usually not passed due to
respective ministries. government majority; passage implies loss
o Committees prepare reports on of confidence in government.
demands for grants. • Guillotine: On the last day of discussion,
o Reports are submitted to both remaining demands are put to vote without
Houses for consideration. debate to dispose of pending items quickly.
• Significance: Enhances parliamentary
financial control with detailed, in-depth 5. Passing of Appropriation Bill
scrutiny. • Constitutional Basis: Article 114 mandates
no withdrawal from Consolidated Fund
4. Voting on Demands for Grants without appropriation by law.
• When: After reports of Departmental • Appropriation Bill:
Committees are received. o Introduced after demands for grants
• Who Votes: Only the Lok Sabha has the are voted.
power to vote on demands for grants. Rajya o Appropriates money out of the
Sabha can only discuss. Consolidated Fund for grants and
• Process: charged expenditure.
o Demands are voted ministry-wise. o Cannot be amended in a way that
o Only votable part of budget is varies amounts or alters grant
subject to voting; expenditures destinations.
charged on the Consolidated Fund • Outcome: Becomes Appropriation Act after
of India are not voted (can only be Presidential assent.
discussed). • Vote on Account:
• Cut Motions: Members can move motions o Allows government to withdraw
to reduce demands, of three types: money in advance (usually two
months’ worth) before
appropriation bill is passed.
 o Used to meet expenses at the start o Voted by Lok Sabha after the
of the financial year or during financial year, requires Public
election years (can cover longer Accounts Committee approval.
periods). 4. Vote of Credit
• Budget Cycle Change (from 2017): o For unexpected demands on
o Budget presented on 1st February resources where detailed estimates
(instead of last day of February) to cannot be given (a kind of blank
avoid Vote on Account and pass cheque).
Appropriation Bill before financial 5. Exceptional Grant
year starts. o For special purposes not related to
o Interim Budget presented in election the current year’s services.
years before new government 6. Token Grant
presents regular budget. o Small sum granted when funds can
be reallocated (reappropriation)
6. Passing of Finance Bill without extra expenditure.
• Definition: Bill introduced annually to give Note: Supplementary, additional, excess,
effect to government’s financial proposals exceptional grants, and vote of credit follow similar
(taxation and other financial matters). parliamentary procedures as the regular budget.
• Conditions: Treated as a Money Bill under
the Constitution. Funds of the Central Government
• Amendments: Unlike Appropriation Bill,
1. Consolidated Fund of India (Article
amendments can be proposed (e.g., to
reduce or reject tax proposals). 266)
• Discussions: Members may discuss general • All revenues, loans raised, and repayments
administration, local grievances, and form this fund.
government’s financial policies during • All government expenditures must be made
consideration. from this fund.
• Legal Requirement: • No money can be withdrawn without
o Must be enacted within 75 days as parliamentary authorization (Appropriation
per the Provisional Collection of Act).
Taxes Act, 1931. 2. Public Account of India (Article
o Once passed and assented, becomes
266)
Finance Act legalizing the income
• Includes provident funds, judicial deposits,
(tax) side of the budget.
savings, remittances, etc.
• Operated by executive action without
parliamentary appropriation; mostly
Other Grants (Beyond the banking transactions.
Ordinary Budget) 3. Contingency Fund of India (Article
Parliament can grant additional funds under special 267)
circumstances besides the usual annual budget: • Created for unforeseen expenditure; at
1. Supplementary Grant President's disposal.
o For when the funds authorized for a • Advances made from this fund must be
particular service are insufficient later authorized by Parliament.
during the financial year. • Operated by executive action.
2. Additional Grant
o For new expenditures not
anticipated in the original budget
Multifunctional Role of
for the year. Parliament
3. Excess Grant Parliament in India holds extensive powers and
o For expenditure that exceeds the performs various functions classified as:
amount granted during the
1. Legislative Powers and Functions
financial year.
 • Makes laws on subjects in the Union List o Passing Cut Motions
(98 subjects) and residuary subjects (not • Role of Parliament: Selects government,
listed anywhere else). supports it while it enjoys majority, and
• Has overriding powers on the Concurrent expels it when confidence is lost.
List (52 subjects) over state legislatures.
• Can legislate on State List subjects (59 2. Financial Powers and Functions
subjects) under special conditions: • Parliament controls all taxation and
o Rajya Sabha resolution
expenditure.
o National Emergency
• Budget: Must be passed to legalize
o Joint request by two or more states
government receipts and expenditure.
o To implement international
• Financial Committees: Public Accounts
agreements Committee, Estimates Committee,
o President’s Rule in the state
Committee on Public Undertakings—
• Ordinances issued by the President during monitor misuse, irregularities, wastage.
recess must be approved by Parliament • Two-stage control:
within six weeks of reassembly, or they o Pre-appropriation (budget approval)
lapse. o Post-appropriation (committee
• Parliament passes laws in broad terms and oversight)
delegates detailed rule-making to the • Rule of Lapse: Unspent budget at year-end
Executive (called delegated legislation). lapses to Consolidated Fund of India (no
carry-over allowed). Leads to ‘March Rush’
in spending near year-end.
Powers and Functions of the
3. Constituent Powers and Functions
Indian Parliament • Parliament can amend the Constitution by
addition, variation, or repeal.
1. Executive Powers and Functions • Types of majorities required for
• Parliamentary control over Executive: amendments:
The Executive (Council of Ministers) is o Simple majority (most cases)
responsible to Parliament, especially Lok o Special majority (majority of total
Sabha. membership + 2/3 of members
• Control tools: Question Hour, Zero Hour, present and voting)
Half-Hour Discussion, Short Duration o Special majority + consent of half
Discussion, Calling Attention Motion, the states (for certain provisions)
Adjournment Motion, No-Confidence • State legislatures cannot initiate
Motion, Censure Motion, Committees (e.g., amendments, except they can request
Committee on Government Assurances, Parliament to create or abolish legislative
Committee on Subordinate Legislation). councils.
• Collective Responsibility: Ministers • Limit: Parliament cannot alter the 'basic
collectively responsible to Lok Sabha; structure' of the Constitution (Kesavananda
individual ministers responsible for their Bharati case, 1973).
departments.
• Removal: Lok Sabha can remove the 4. Judicial Powers and Functions
government by: • Parliament can:
o Passing a No-Confidence Motion o Impeach the President for
o Not passing the Motion of Thanks
constitutional violations.
on President's Address o Remove the Vice-President.
o Rejecting Money Bills o Recommend removal of Supreme
o Passing Censure or Adjournment
Court and High Court judges, Chief
Motions Election Commissioner, State
o Defeating the government on vital
Election Commissioners,
issues Comptroller & Auditor General.
 o Punish members or outsiders for 4. Large Size of Parliament: The sheer number
breach of privilege or contempt. of members makes effective control
difficult.
5. Electoral Powers and Functions 5. Majority Support for Executive: The ruling
• Parliament participates in electing the party's majority reduces Parliament’s ability
President (along with state assemblies). to criticize government actions effectively.
• Elects the Vice-President. 6. Post-facto Financial Scrutiny: Committees
• Lok Sabha elects its Speaker and Deputy like the Public Accounts Committee review
Speaker; Rajya Sabha elects its Deputy government expenditure only after it has
Chairman. occurred.
• Parliament enacts laws regulating elections 7. Use of Guillotine: The parliamentary
for President, Vice-President, Parliament, guillotine limits debate time, curtailing
and state legislatures (e.g., Representation financial control.
of the People Acts). 8. Delegated Legislation: Increasing powers
delegated to the bureaucracy diminish
Parliament’s law-making role.
6. Other Powers and Functions 9. Frequent Ordinances: Frequent
• Highest deliberative body discussing promulgation of ordinances by the
national and international issues. President weakens Parliament's legislative
• Approves all types of emergencies authority.
(national, state, financial) proclaimed by the 10. Sporadic and Political Control:
President. Parliamentary control tends to be irregular,
• Can create or abolish state legislative general, and politically motivated rather
councils on state assembly than technical or consistent.
recommendations. 11. Weak Opposition and Ethics: Lack of a
• Can alter state boundaries, strong, consistent opposition and declining
increase/decrease area, change state parliamentary ethics contribute to
names. ineffective control.
• Regulates organization and jurisdiction of
Supreme Court and High Courts; can
establish common high courts for multiple Position of Rajya Sabha
states. Compared to Lok Sabha
1. Where Rajya Sabha Equals Lok
Ineffectiveness of Parliamentary Sabha
Control in India • Passing ordinary bills, constitutional
Though Parliament theoretically exercises control amendments, and financial bills.
over the government and administration, this • Election and impeachment of the President.
control is often ineffective in practice. The reasons • Election and removal of the Vice-President
include: (Rajya Sabha alone can initiate removal).
1. Lack of Time and Expertise: • Recommending removal of key
Parliamentarians lack the time and constitutional functionaries like the Chief
technical knowledge to oversee an Justice, CEC, Comptroller & Auditor
increasingly complex and voluminous General.
administration. • Approving presidential ordinances and
2. Financial Control Limitations: The technical proclamations of emergency.
nature of demands for grants makes it • Selecting ministers (though ministers are
difficult for lay members to fully understand responsible only to Lok Sabha).
and scrutinize them. • Considering reports of constitutional
3. Dominance of Executive: The executive bodies.
leads legislative policy-making, reducing • Expanding jurisdiction of Supreme Court
Parliament’s independent role. and UPSC.
2. Where Rajya Sabha is Unequal to ensure independence, dignity, and effective
functioning. These privileges do not extend to the
Lok Sabha President.
• Money Bills can only be introduced in Lok
Sabha. Classification
• Rajya Sabha cannot amend or reject Money 1. Collective Privileges of Each House:
o Right to publish reports, debates,
Bills; it must return them within 14 days.
• Lok Sabha has final authority on Money and proceedings; control over their
Bills. publication.
o Power to exclude strangers and
• Financial bills (except Money Bills) can only
be introduced in Lok Sabha, though both hold secret sittings.
o Authority to regulate its own
Houses have equal say in passage.
• Rajya Sabha cannot vote on demands for procedure and business.
o Power to punish breaches of
grants (budgetary votes).
• Only Lok Sabha can pass resolutions to privilege or contempt (e.g.,
discontinue national emergency. reprimand, imprisonment,
• Rajya Sabha cannot remove the Council of suspension, expulsion).
o Right to be immediately informed
Ministers by no-confidence motion (Council
is responsible only to Lok Sabha). about arrest or detention of
members.
3. Special Powers of Rajya Sabha (Not o Power to institute inquiries,
Shared with Lok Sabha) summon witnesses, and request
• Can authorize Parliament to legislate on papers.
state subjects (Article 249). o Courts cannot inquire into
• Can authorize creation of All-India Services parliamentary proceedings.
(Article 312). o No person can be arrested or
• Sole power to initiate removal of Vice- served legal process inside the
President. House without permission of
• If Lok Sabha dissolves during emergency presiding officer.
proclamation approval period, Rajya
Sabha’s approval suffices.

Analysis of Rajya Sabha’s Role Individual Privileges of

• Rajya Sabha is neither as weak as the UK's
House of Lords nor as strong as the US
Parliament Members
1. Freedom from Arrest:
Senate. o Members cannot be arrested
• Except in financial matters and control over
during the session of Parliament
ministers, Rajya Sabha's powers are broadly
and 40 days before and after the
equal and coordinate with Lok Sabha.
session.
• Utility includes: o This protection applies only to civil
o Checking hasty or defective
cases, not to criminal or preventive
legislation.
o Representing experts nominated by
detention cases.
2. Freedom of Speech in Parliament:
the President. o Members have absolute freedom of
o Maintaining federal balance by
speech within Parliament.
protecting states' interests against o No legal proceedings can be
central dominance.
initiated against them for anything
said or any vote given in Parliament
Parliamentary Privileges or its committees.
o This freedom is subject to
Meaning
Special rights, immunities, and exemptions given to constitutional provisions and
Parliament, its committees, and members to parliamentary rules (e.g., no
 discussion on judges’ conduct Sovereignty of Parliament: India
except by formal motion).
3. Exemption from Jury Service and Witness vs. Britain
Duties: • British Parliament Sovereignty: Supreme
o Members are exempted from jury power with no legal restrictions.
service. o Can make, amend, repeal any law.
o They can refuse to appear as o No distinction between
witnesses or give evidence in court constitutional and ordinary laws.
cases while Parliament is in session. o No judicial review — laws cannot be
invalidated by courts.
• Indian Parliament Sovereignty: Limited by
Breach of Privilege and Contempt several factors:
of the House Limits on Indian Parliamentary
• Breach of Privilege: When an individual or
authority violates the privileges or rights of Sovereignty
members individually or collectively, it is 1. Written Constitution:
o Parliament operates within
called a breach of privilege. The House itself
punishes this. constitutional limits.
o Some constitutional amendments
• Contempt of the House: Any act or
omission that obstructs the functioning of require state ratification.
o Legal distinction between ordinary
the House, its members, or officers, or
harms its dignity and authority, is contempt laws and constitutional
of the House. amendments.
• The terms are often used interchangeably 2. Federal System:
o Division of powers between Union
but differ slightly:
o Breach of privilege may amount to and states.
o Parliament’s law-making power
contempt.
o Contempt can occur without a limited to subjects in Union and
specific breach of privilege. Concurrent Lists.
• Example: Disobeying a legitimate order of 3. Judicial Review:
o Supreme Court and High Courts can
the House is contempt but not necessarily a
breach of privilege. declare laws unconstitutional and
void.
o Ensures laws comply with the
Sources of Parliamentary Constitution.
Privileges 4. Fundamental Rights:
o Parliament cannot enact laws that
1. Constitutional Provisions: Article 105
guarantees freedom of speech in infringe fundamental rights.
o Article 13 invalidates laws violating
Parliament and the right to publish
proceedings. fundamental rights.
• Summary: Indian Parliament is not as
2. Laws made by Parliament
3. Rules of both Houses of Parliament supreme as the British Parliament; its
4. Parliamentary Conventions authority is defined and limited by the
5. Judicial Interpretations Constitution, judicial review, federalism,
• Initially, privileges were modeled on those and fundamental rights.
of the British House of Commons as of • The Indian Parliament's limitations are
1950. similar to the U.S. Congress, which is also
• The 44th Amendment (1978) replaced the restricted by a written constitution,
British reference with Indian law from 1979, federalism, judicial review, and a bill of
but this was a verbal change with no rights.
substantial difference.