Union Government III

PARLIMENT 

*Part 5 

*Article 79 to 122 

*Parliment consists of President ,Loksabha and Rajyasabha 

*Based on west minister model 

LOKSABHA 

*Maximum strength 552 where states(530),UT(20)  and 2 member Nominated from anglo indian community 

*Directly elected by the people on the basis of Universal Adult Franchise  

*104 th CAA 2019 discontinued 2 member nomination so present maximum strength 550 

*Reservation of Seats to SC and ST 

*Qualifications-He should be a Citizen of india,Not less than 25 years of age(By Constitution) ,Person should be registered as elector in any constituency(By Representation of people's act 1951) 

*Disqualification-If he holds office of profit,Not Citizen of india(By Constitution), Corrupt, Imprisoned for 2 or more years , Dismissed from Government service(By Representation of people's act 1951)

*Disqualification on ground of defection-Schedule 10 by 52nd CAA,Decided by chairperson of that house,however it comes under Judicial Review 

*If elected members give up his membership from political party voluntarily,If he votes or abstain direction issued by his party, Independently elected members joins any party, Nominated members join any party after 6 months 

*Exception -if Member take charge as speaker then he can give up his membership from that political party and later he can join,If 2/3 of members of that political party decided to merge with other Political party ,Earlier law allowed to split but later it outlawed 

*Deciding authority-Presiding officer of that house 

RAJYASABHA 

*Maximum strength 250, 238 Elected indirectly from State Legislature and 12 Nominated by President (4 th Schedule- allocation of seats in Rajyasabha to states and UT's) (UT-Delhi,Puduchery) 

*Term -Rajyasabha is permanent body ,1/3 members retire every 2 years ,for individual MP'S 6 year term 

*Qualifications-Age should not below 30 years,others same as Loksabha 

*Disqualification-Same as Loksabha 

*For Rajyasabha it is not necessary that person should be elector in particular state 

*There is no Reservation of seats for SC and ST 

SESSIONS OF PARLIMENT 

*Parliment sessions should at least 2 

*By convention it has 3 sessions Budget Session(February to may),Monsoon session(July to August),Winter session (November to December)

*Summoning-President summons each house ,Duration between 1st sitting and proragation ,Recess-Duration between Proragation and Reassembly 

*Adjournment-Sitting terminated by adjournment (It suspends work for specific time) it proposed by presiding officer 

*Adjournment Sine Die-Terminate sitting for indefinite period without naming day of reassembly, it proposed by presiding officer  

*Proragation-Presiding offices declares house adjourned sine die when business of session completed then president issue Proragation 

*Dissolution -Only Loksabha ,

*Position of bills with respect to lapsing of bills -Bills passed by both houses but return by president will not lapse,Bill passed by both houses but pending for assent will not lapse,Bill pending in RS and not passed by LS will not lapse ,Bill pending in LS will lapse,Bill pending in RS but passed by LS will lapse 

OFFICES OF PARLIMENT  

PROTERM SPEAKER IN LOKSABHA 

*President appoints a member of Loksabha as Proterm Speaker after commencement of election-He administer oath for new MP's and he administer oath for new Speaker 

 SPEAKER OF LOKSABHA

*Speaker is elected by Loksabha among it's members 

*He is guardian of power and privilege of members 

*His decision in all Parliamentary matter is final 

*Adjourn house or suspend house if no quorum is maintained 

*Cannot vote in first instance but he cast vote in case of tie 

*Presides joint sitting 

*He decides whether money bill or ordinary bill 

*Decides Disqualification of Member on ground of Defection 

*Chairman of Business advisory committee ,Rules Commitee 

*He can remove only by Resolution passed by an absolute majority -14 days prior notice 

*In India speaker need  not resign from party 

DEPUTY SPEAKER OF LOKSABHA 

*Elected by Loksabha among it's members 

*Not subordinate to Speaker 

*Whenever he presides over house can not vote in first instances 

*By Parliamentary convention Speaker is from Ruling party and Deputy Speaker is from opposition party 

PANEL OF CHAIRPERSON IN LOKSABHA 

*10 members 

*Anyone can preside house if Speaker and Deputy Speaker absent 

CHAIRMAN OF RAJYASABHA 

*Vice President is Ex-Officio Chairman of Rajyasabha 

*He removed from office only if he removed from office of Vice President 

*He is not member of house 

DEPUTY CHAIRMAN OF RAJYASABHA 

*Elected by Rajyasabha among it's members 

*Removal by absolute majority 

*He is not subordinate to chairman 

PANEL OF CHAIRPERSON IN RAJYASABHA 

*5 members 

*Anyone can preside house if Chairman and Deputy Chairman absent 

LEADER OF HOUSE 

*PM or any minister (should member of that house)who nominated by PM is leader of house in Loksabha 

*In Rajyasabha PM nominates minister(should member of that house) is leader of house 

LEADER OF OPPOSITION 

*From 1969 

*Should greater than 1/10 seats of total seats required for recognition as opposition 

*Leader of Opposition is equivalent to cabinet minister 

WHIP 

*By Parliamentary convention 

*He maintains discipline of that party members in that house 

*Each party has whip 

*Members of houses for particular party should hear that party whip order 

TERMS RELATED TO PARLIMENT 

*Quorum-Minimum number of person to present to transact business of house 

*Question Hour-Day begins with question hour.Question asked by members will be answered by ministers .3Type of questions 

*Starred question-Minister gives oral answer , Supplementary question can be asked based on ministers reply 

*Unstarred question-Minister give answer by written .Here no supplementary question,15 days prior notice 

*Short notice question-Answer question on public importance ,and urgent.Speaker decide whether the matter is urgent .

*Zero Hour-After question hour there is zero hour .It normally begins at noon .Here members raise various issues for discussion.Zero hour not mentioned in rules of procedure 

*Substantive motion-Matters like impeachment of President ,removal of chief electoral Commissioner 

*Substitute motion-Moved in substitute to original motion 

*Subsidiary motion-Referrence to original motion 

*Closure motion-To cut short debate on bills 

*Kangaroo closure-only important clause taken for debate and vote and other clauses skipped 

*Guillotine Closure-Undiscussed clauses of bills put to vote along discussed clauses due to time 

*Privilege Motion-breach of Parliamentary privileges by minister (for with holding facts ,wrong facts )used against ministers 

*Calling attention motion-To call attention of minister on maters of urgent matters , Mentioned in rules of procedure 

*Adjourned motion-To draw attention of house on urgent public importance,It affects normal business of house ,It is only in Lok Sabha 

*No confidence Motion -Not mentioned in constitution .Should pass in Loksabha,Motion needs 50 members to support ,if it passed entire council of minister to resign 

*Censure motion-Moved against individual or council of ministers ,censuring council for specific policy,Need not to resign from offices 

*Motion of Thanks-president address  first session in Parliment after General election and first session of every fiscal year , It discussed in both houses .This motion outlined Government policies ,Motion must be passed otherwise it lead to defeat of Government 

*Lame duck Government-Government which loss the motion of confidence,It can run Government untill new Government takes charge 

*Left parties-Adopt radical political ideology ex CPI,CPI(M),RSP 

*Right parties-Adopt a politically conservative ideology ex BJP,Shivsena,CSP 

*Filibuster-Person who in order to block the passage of a bill in Parliment by making long speech just before voting is going to takes place 

LEGISLATURE PROCEDURE IN PARLIMENT 

*Bills classified into four categories

*Ordinary bills,Money bills,Financial bills and Constitutional Amendment Bills 

PUBLIC BILLS 

*Introduced by ministers 

*Reflects policies of Government 

*Has greater chance to approve 

*It's rejection by house leads to resignation of council of minister

*7 days prior notice 

*Drafted by concerned department in consultation with law department 

PRIVATE BILLS 

*Introduced by any member of Parliment 

*Lesser chance to approve by Parliment 

*Rejection by house need not leads to resignation

*Drafting is responsible of member concerned 

*14 Private members bill passed till now 

*One month prior notice 

*Only discussed on Fridays 

ORDINARY BILLS 

*Can introduce in either house 

*Can introduce either by minister or private member 

*Without recommendations of President 

*Amended or rejected by Rajyasabha 

*No need of certification of speaker 

*Joint sitting can be summoned by president when there is deadlock 

*It's defeats in Loksabha leads to resignation of Government (if introduced by president) 

MONEY BILLS 

*Article 110 

*Imposition, Abolition, Remission, Alteration or Regulation of any tax 

*Borrowing money by union Government 

*Consolidated Fund of India or Contingency fund of india 

*To decide money bill decision of Speaker is final 

*Only introduced in Loksabha and on recommendations of president 

*Introduced only by minister 

*Rajyasabha cannot reject or amend money bill .It can only make recomendations.It must return to Loksabha in 14 days 

*Loksabha may accept or reject Rajyasabha recommendations

*President can Assent the bill or withhold his assent but he cannot return for reconsideration 

JOINT SITTING OF TWO HOUSES 

*Article 108 

*To resolve deadlock between 2 houses 

*President summon both houses to meet in joint sitting 

*It is applicable only to ordinary bills and Financial bills and not for money bills and CAB 

*Speaker of Loksabha heads joint sitting in his absence Deputy Speaker of Loksabha can head if he also absent then Deputy Chairman of Rajyasabha heads 

*Joint sitting is passed by Simple majority of Members present and voting  

*Bills passed in Joint sitting Dowry prohibition bill 1960,POTA 2002,Banking Service Commission (Repeal)bill 1977

STAGES IN PASSING BILLS 

*First Reading 

*Second Reading 

*General discussion 

*Committee stage 

*Consideration stage 

*Third Reading

*After it goes to other house there also follow above process ,Then it goes to accent for president 

BUDGET IN PARLIMENT 

*Article 112 -Annual finance statement 

*1924 Railway budget seperates from General budget as per recommendations of Acworth Commitee(1921) 

*2016 Union Government merged both Budgets 

*President shall in respect of every Financial year cause to be laid before both house ,a statement of estimated receipts and expenditure of the union govt for that year 

*No demand of grant made except on recommendations of president 

*No money shall withdrawn from consolidated Fund of India except under appropriation made by law 

*Expenditure charge on Consolidated Fund of India shall not be submitted to the vote of Parliment,But can be discussed 

*Voting of demands is only pass in Loksabha and no need to pass in Rajyasabha 

*Parliament can move motion to reduce any demand of grants ,It is called cut motion and it is of 3 kinds 

*Policy cut motion-Disapproval of the policy ,Amount of demand will be reduced to Rs 1 

*Economy cut motion-Amount of demand to be reduced by a specified amount 

*Token cut motion -Demand will be reduced by 100 

KINDS OF FUNDS IN UNION GOVERNMENT 

*Consolidated Fund of India-Article 266 -No money out of this fund can be appropriated (issued or drawn)except in accordance of Parliamentary law 

*Public accounts-Article 266 -Other than credited to Consolidated Fund of India ex)PF deposits,SB deposits etc , Payment from this account need not Parliamentary appropriation 

*Contingency fund-Article 267 -Disposable of president ,He can make advances when unforeseen expenditure pending it's authorization by Parliament 

CHARGED EXPENDITURE 

*Salary to President,Presiding officer,Judges ,CAG, Chairman and members of UPSC,Pention of judges , Administration expenses of SC,CAG,UPSC and debt charges 

OTHER GRANTS 

*Supplementary grants

*Additional Grants 

*Excess Grants(They must approve by Public Accounts Committee)

*Vote of credit 

*Exceptional Grant 

*Token Grant 

STAGES OF PASSING BUDGET 

*Presentation of Budget 

*General Discussion 

*Scrutiny by Departmental Committees 

*Voting on demand of grants 

*Passing of Appropriating bill 

*Passing of finance bill 

ROLE OF PARLIMENT 

*Legislative powers 

*Executive powers

*Financial powers 

*Constitutional powers 

*Judicial powers 

*Electoral powers 

*Other powers 

POSITION OF RAJYASABHA

*Equal to Loksabha-Approval of emergency,ordinary bill, Constitutional Amendment Bills,Financial bills type II ,Election and Impeachment of President ,Election and Impeachment of vice president (Rajyasabha initiates removal),approval of ordinance issued by president 

*Special power to Rajyasabha-Law in state list(Article 249),To create or abolish all india service(Presently 3 All India service IAS,IPS,IFS)(Article 312)

*Special power to Loksabha-Money bills introduced in Loksabha (Rajyasabha no power to amend or reject money bills) , Financial bill type1 ,Speaker presides joint sitting, Rajyasabha can only discuss budget but cannot vote,No Confidence Motion , Resolution for discontinuance of National Emergency 

PARLIAMENTARY PRIVILEGES 

*Special rights, immunities,and exemption enjoyed by 2 houses 

*It also extends to Attorney General of India,Union ministers but not to president

*Article 105-Freedom if speech in Parliment and right of publication of it's proceedings 

*Collective privileges-Has right to publish it's reports,debate and proceedings ;exclude strangers from proceedings and secret sittings;Can punish members and outsiders for breach of privilege;right to receive immediate information of arrest ,detention, conviction, imprisonment and release of member;Courts are prohibited to inquire into proceedings of house or it's Commitee 

*Individual privileges-They cannot arrest members during session of Parliment and 40 days after end of Session and 40 days  before starting session (Only in civil case not in criminal case), Freedom of speech in Parliment and he is not liable to any proceedings in any court for anything said given by him in Parliment or it's committees ,exempt from jury service ,They can refuse to give evidence and appear as witness in a case pending in court when Parliment is in session 

*Breach of privilege and contempt of house- Any which obstructs house of Parliment,it's member or it's officer in performance of their function treated as contempt of house,When any individual or authority disregards any of privilege is termed as breach of privilege ,it is punishable by house 

PARLIAMENTARY COMMITEES

ADHOC COMMITEES 

*It is temporary Committees 

*Committees will be dissolve automatically when it completed it's duty 

STANDING COMMITEE 

*Permanent Commitee

*Minister is not eligible to become member of Finance Commitee Departmental Commitee,Women empowerment, Government assurance 

*Financial Commitee (Public accounts Committee, Estimates Commitee,Commitee on Public undertakings),Departmental standing Committee,Commitee to enquire, Commitee to scrutinize,Commitee relating to day-to-day business,House keeping Commitee 

*Attorney General and vice president can be member of Parliamentary Committees 

*Public accounts Commitee -Set up in 1921 by GOI 1919 act ,22 members (15 from Loksabha and 7 from Rajyasabha),Term of office of member is 1 years ,From 1967 Chairman of this Commitee is from Opposition party ,To examine annual audit reports of Comptroller and Auditor General of India 

*Estimates Commitee-From 1950 by recommendations of John Mathai ,30 members(all from Loksabha),largest Commitee in Parliment,Term of office is 1 year,To examine estimate included in budget 

*Commitee on public undertakings-Created in 1964 by recommendations of Krishnamenon Commitee ,22(15 from Loksabha and 7 from Rajyasabha),Term of office is 1 year ,Chairman of the Commitee is appointed by speaker who are from Loksabha 

*If Speaker of Loksabha becomes member of particular Commitee,he automatically becomes chairman of that Commitee 

PARLIAMENTARY GROUP 

*To promote inter Parlimentary relation 

*Speaker of Loksabha is ex official president of this group 

*Deputy Speaker of Loksabha and Deputy Chairman of Rajyasabha are Ex-Officio vice presidents of this group 

*The Secretary General of Loksabha is ex officio secretary general of that group 

PARLIMENTARY FORUMS 

*To provide platform to members to interact with ministers concerned,experts and key officials from the nodal ministries,To equip them with latest information 

*At present 8 Parlimentary forums 

CHARACTER OF PARLIMENT 

*Nominal and real executive 

*Majority party rule 

*Collective responsibility 

*Political homegenity 

*Double membership 

*Secrecy 

*Leadership of Prime Minister 

*Dissolution of Loksabha 

MERIT'S OF PARLIMENT 

*Responsible Government 

*Wide responsibility 

DEMERITS OF PARLIMENT 

*Unstable Government

*No continuity of policies 

*Dictatorship of cabinet 

*Against seperation of power 

REASONS FOR ADOPTING PARLIMENTARY SYSTEM 

*Familiarity with system 

*More responsibility 

*Avoid Legislative-Executive conflict 

*Nature of indian society