Civics Chapter 1 - The Union Parliament

what is a motion

- a motion is a formal proposal made by a member stating that the House should take up some particular matter which is of public importance - with the help of the motion, the members draw attention of the Government to take suitable action on a particular matter

what are parliamentary procedures

- some formalities which the legislators have to observe in the Parliament as well as in State Legislatures

what is the Lok Sabha

- the House of the People - the members of the Lok Sabha are directly elected by the people of India

Rajya Sabha

- the Upper House or Council of States - represents the federation of States of the Indian Union

meaning of parliament

- the body of people's representatives who have supreme power of governance in a democratic country

motions of censure

- the censure motion can be passed against an individual, minister or group of ministers or entire council of ministers - it is moved for censuring the Council of Ministers for specific policies and motions - the censure motion does not lead to resignation of ministers

Deputy Speaker

- Constitution provides for the office of the Deputy Speaker, who performs the duties of the Speaker when the latter is absent or while the office of the Speaker is vacant - the deputy Speaker is elected or is removed from office in the same way as the Speaker

sessions

- President summons each House of Parliament - each House shall meet at least twice a year and the interval between two consecutive sessions shall be less than six months - normally there are three sessions 1) budget session (February-May) 2) monsoon session (July-August) 3) winter session (November-December)

election of Speaker

- Speaker is elected from among its own members soon after the newly elected House meets for the first time - when the House is dissolved, the Speaker does not vacate his/her office - he/she remains in office till a new Speaker is elected by the new Lok Sabha in its first meeting - the Speaker is elected for a term of five years - he/she can seek reelection any number of times, if he/she is elected as the member of the Lok Sabha - the Speaker may resign from his/her post on health on on other grounds by submitting a letter of resignation to the Deputy Speaker - the Speaker can also be removed by the Lok Sabha if the majority of members pass a resolution to this effect

financial powers of parliament (first 2)

- a Money Bill can originate in the Lok Sabha only - after a money bill is passed, by the Lok Sabha, it is sent to the Rajya Sabha for its recommendations, which it must make within 14 day - financial matters the Rajya Sabha has only an advisory role 1) budget: Parliament passes the Union Budget containing the estimates of receipts and expenditure of the Government for a financial year; the Railway Budget was integrated with the Union Budget from 2017-18 2) supplementary grants: if the amount authorized for the current financial year is not sufficient, the Government may make a fresh demand known as the 'Supplementary Grant'

no-confidence motion

- a proposal expressing lack of confidence in the Ministry - the Council of Ministers is collectively responsible to the entire Lok Sabha including the members of the Opposition - No-Confidence in the Government is moved by the Opposition - the House grants leave to move No-Confidence Motion only when it has the support of at least 50 members - the Motion has to be taken up for discussion within 10 days from the day on which the leave is granted - on conclusion of the debate, the Speaker puts the Motion to vote - if the Motion is passed, the Government has to resign - sometimes a No-Confidence Motion assumes much importance, even a single vote counts - Confidence Motion is the revers of No-Confidence Motion

adjournment motion

- a proposal to lay aside all other business and take up a 'definite matter of urgent importance' - such a motion leads to the interruption of normal business of the House - adjournment motions are generally allowed on subjects such as: railways accident resulting in the death of several persons, a daring dacoity, natural calamity, communal tension etc.

term of the Lok Sabha

- according to the Constitution: 5 years - it can be dissolved before the expiry of its normal term by the President on the the advice of the Prime Minister - during the proclamation of an emergency, the period in the Lok Saba may by extended by the Parliament on year at a time - the new Lok Sabha must be elected within six months after the emergency is lifted

adjournment and prorogation of the House

- adjournment means suspension of the sitting of the House by the Speaker - prorogation means termination of the session of the parliament - the power of adjournment lies with the Speaker or the Chairman as the case may be - power of prorogation lies with the President - the House is also adjourned: 1) after business for the day is over 2) when the death of a sitting/ex-member of the House occurs 3) when there is so much disorder in the House that it is difficult to conduct the business 4) for want of quorum 5) as and when the Speaker finds it necessary

amendment of the constitution

- both houses of Parliament can amend the Constitution - the amendment must be passed by each House by a majority of total membership and by a two-third majority of members present and voting - otherwise the amendment bill cannot be passed - in some cases the amendment requires the ratification or approval of half of the Legislative Assemblies of States

union parliament

- comprises of the President and the two House of Parliament - in a democracy, people are their own masters - India: representative democracy where people exercise their sovereign power through their elected representatives

federal set up in India

- federalism is a system of government in which the power is divided between a central authority and various constituents units of the country - in contrast to a federal government, a unitary government is the one in which there is only one level of government with the sub-units being subordinate to the Central Government - in a federal system of government, all the administrative government powers are divided between the Central and the State governments and both are supreme within their respective spheres according the Constitution - the State Governments are neither the agents of the Central Government nor do they draw their authority from it - on the other hand, both the Central and State Government draw their authority from the same Constitution - India has opted for the federal system of government with a strong unitary bias

qualifications for memberships

- he/she should be an Indian citizen - he/she should be at least 25 years of age - he/she should have his name in the electoral rolls in some part of the country - he/she should not be an insolvent, i.e., he/she should not be in debt and should have the means t o meet his financial commitments - he/she should not hold any office of profit under the government - he/she should not be a proclaimed criminal - he/she should not be of unsound mind

term of Rajya Sabha

- it is a permanent House - it cannot be dissolved like the Lok Sabha - each member of the Rajya Sabha is elected for a period of six years - one-third of the total members of the House retire after 2 years - members can be re-elected if they so desire and if their electors support them

composition of Rajya Sabha

- maximum strength is 250 members 1) nominated: they are nominated by the President from among persons having special knowledge or practical experience in matters such as literature, science, art and social service; the nominated members are 12 in number - the principle of nomination is aimed at having distinguished persons in the Upper Chamber 2) elected members: 238 members are elected by the States in the Union; the allocation of seats among the States is not equal as this would be undemocratic; seats are allocated to the States and the Union Territories on the basis of their population; UP is represented by 31 members; Punjab sends 7; Goa, Manipur, Mizoram and Meghalaya one each - Delhi sends tree, Puducherry sends one, J&K sends four

composition of Lok Sabha

- maximum strength is 550 - not more than 530 members shall represent the States - not more than 20 members shall represent the Union Territories - the 104th Constitutional Amendment Act passed in January 2020 did away with the provision of nomination of Anglo Indians to the Lok Sabha and certain state assemblies - the reservation was provided for a period of 70 years, which expired on January 25, 2020 - the allotment of members to the various States is made on a population basis - Uttar Pradesh is represented by 80 members; Goa, Manipur and Meghalaya have two each; Mizoram, Nagaland and Sikkim have one each - Delhi sense seven members

election of members of Rajya Sabha

- representatives of each State in the Rajya Sabha are elected by the elected members of the Legislative Assembly of each State in accordance with the system of proportional representation by the means of a single transferable vote - the representatives of the Union Territories are chosen in such a manner as Parliament may prescribe - three representatives from Delhi are elected by the members of the Legislative Assembly

qualifications for membership

- same as those for membership of the Lok Sabha except that for the age criteria - the minimum age for contesting election for the Rajya Sabha is 30 years 1) he/she should be an Indian citizen 2) he/she should be at least 30 years of age 3) he/she should have his name in the electoral rolls in some part of the country 4) he/she should not be an insolvent, i.e., he/she should not be in debt and should have the ability to meet his/her financial commitments 5) he/she should not hold any office of profit under the government 6) he/she should not be a proclaimed criminal 7) he/she should not be of unsound mind

question hour

- the first hour on every working day of the Lok Sabha is reserved for questions unless otherwise decided by the Speaker - it is intended to keep the functioning of the government open to scrutiny by the members - a member of the House may ask questions to the government on matters of public interest - the right of the members to ask questions from the government is known as interpellation - all questions are addressed to the Chair, and if admitted, the Government is obliged to answer them - a members has to give ten days' notice for a question

Speaker of the Lok Sabha

- the presiding officer of the Lok Sabha who conducts the business of the House - he/she occupies a position of great authority and responsibility - he/she has wide powers to maintain discipline in the House - in the Table of Precedence, he/she ranks higher than all Cabinet Ministers other than the Prime Minister - with respect to the discharge of his/her powers and functions, the Speaker is not answerable to the anyone except the House - no court of laws can go into the merits of ruling ruling given by him/her

quorum

- the quorum means the minimum number of members required to be present in order to enable the House to transact its business - quorum of the Lok Sabha and the Rajya Sabha is 1/10th of the total membership - this means that the House cannot conduct its proceedings and pass Bills and resolutions without the present of at least one-tenth of is total membership - the Speaker may adjourn the House or suspend the meeting until there is a requisite quorum

Speaker: business of the house

1) Speaker presides over the meetings of the House; all speeches and remarks are addressed to the Speaker; he/she allots time for discussion 2) the Speaker interprets the rules of procedure of the House; his/her decisions in all parliamentary matters is final 3) all Bills passed by the House are signed by him/her before they are sent to the Rajya Sabha for its consideration or to the President for assent 4) the Speaker decides the admissibility of all questions and resolutions; he/she decides the admissibility of a motion of adjournment 5) he/she puts the issues to vote and announces the results; the Speaker does not vote in the House, except when there are equal votes on both sides, i.e., the Treasury Benches and the Opposition 6) a Speaker decides whether a Bill is a Money Bill or not

Speake: administrative functions

1) he/she receives all petitions and documents in the House 2) he/she communicates the decisions of the House to the concerned authorities 3) he/she regulates the admission of visitors and Press correspondents to the galleries of the House

judicial powers of the parliament (1st)

1) impeachment of the President: the Parliament performs some judicial functions; it has the right to remove the President from office through a procedure known as impeachment; in case of violation of the Constitution or grave misconduct, either House may frame charges against the President; if a resolution to this effect is passed by a two-third of total membership of the House and by the majority of members present and voting, the other House investigates the charges; if the other House too finds the President guilty, he may be impeached and removed from office

control of executive (first 2)

1) interpellation: the Question Hour, Calling Attention Notices and Half-an-Hour Discussion are some of the devices to seek information from the government about its policies and performance; of these the most important is the Question Hour; the first hour of a sitting in both Houses is allotted for asking and answering of questions; the questions are asked to obtain information on a matter of public importance or to highlight a grievance; it is a valuable device against injustice and slackness of the government 2) vote of no-confidence: if a government acts against the Constitutional provisions, it can be voted out of office by passing a vote of no-confidence against the Prime Minister, or the Ministry as a whole or any of its members; in such a case, the whole Ministry has to resign

legislative powers of parliament (first 3)

1) matters in the union list: the parliament has exclusive powers to make laws on all the subjects mentioned in the Union List, including important subjects like Defense, Banking, Communications, Foreign Affairs, etc. 2) matters in the concurrent list: along with the State Legislative Assemblies, the Parliament can make laws on the subjects listed in the Concurrent List; if there is a conflict between the Union Parliament and the State Legislature on any law in this list, the Union Law will prevail 3) residuary powers: Parliament possesses residuary powers; it means that it can make laws with respect to all those matters which are not mentioned in any of the three lists - the Union List, the State List and the Concurrent List

exclusive powers of the Lok Sabha

1) motions of no-confidence against the government can only be introduced and passed in the Lok Sabha; if passed by a majority vote, the Prime Minister and the Council of Ministers resign collectively; the Rajya Sabha has no power over such a motion and hence no real power over the executive 2) money bills can only be introduced in the Lok Sabha and upon being passed, are sent to the Rajya Sabha where it can be deliberated on for up to 14 days 3) in case of a deadlock between the two Houses over a non-financial (ordinary bill) the will of the Lok Sabha normally prevails, as its strength is more than double that of the Rajya Sabha

types of questions during question hour

1) starred questions: those to which a members wishes to have an oral answer on the floor of the House; such questions are indicated by an asterisk mark; supplementary questions may be asked after replies to such question are given by the Ministers 2) un-starred questions: those to which answers are given in a written form; no supplementary questions can be asked thereon 3) short notice questions: relate to a matter of urgent importance; such questions are asked with a notice shorter than of ten days; the Minister concerned has to bas asked where he an reply to the question at a short notice; it is for him to accept or not to accept short notice questions

electoral functions of parliament

1) the Parliament of India along with the State Legislature elects the President of India 2) the Vice-President of India is elected by both the Houses of the Parliament 3) the Lok Sabha elects its own Speaker and Deputy Speaker from amongst its own members while the Rajya Sabha elects its Deputy Chairman

exclusive powers of Rajya Sabha

1) the Rajya Sabha has some exclusive powers; though the Parliament cannot, in normal times, make laws on a State subject; the Rajya Sabha, may by a resolution adopted by two-thirds majority, empower the Parliament should make laws with respect to a matter in the State List; Lok Sabha has no authority to assert itself if such matters 2) Rajya Sabha may declare that the creation of new All-India Services be made in the national interest; Parliament ay create new services 3) if the Lok Sabha is dissolved before or after the declaration of a National Emergency, the Rajya Sabha becomes the sole de facto and de jure Parliament, i.e., it takes over the functions of the Parliament; it cannot be dissolved

Speaker: parliamentary committees

1) the Speaker is the ex-officio Chairman of some of the Committees of the House such as the Business Advisory Committee and the Rules Committee 2) he/she appoints Chairmen of all the Committees of the House 3) he/she issues directions to the Chairmen in all matters relating to their working and the procedure be followed

Speaker: disciplinary functions

1) the Speaker maintains order in the House; when members become unruly, he/she may order them to withdraw; he may suspend a member, if he/she disregards the authority of the Chair; in case of grave disorder, he/she can adjourn in the House 2) in case the words used by a member are indecent or unparliamentary, the Speaker may order that such words be expunged from the proceedings of the House 3) the Speaker decides whether there is a case for a matter relating to a breach of privilege or contempt of the House 4) in regard to question whether a Member of Lok Sabha stands disqualified under Anti-Defection Law, the question shall be referred to the decision of the Speaker; the Constitution says that the Speaker's decision shall be final and no court shall have any jurisdiction in this regard

Speaker: misc. functions

1) the Speaker presides over joint sessions of both the Houses of Parliament 2) in consultation with the Chairman of the Rajya Sabha, he/she nominates personnel for Parliamentary Delegations to various countries 3) he/she presides over the Conference of Presiding Officers of legislative bodies in India

presiding officers of Rajya Sabha

1) the Vice President of India is the ex-officio Chairman of the Rajya Sabha; he/she presides over its meetings; he/she cannot vote on any issue discussed in the House as he/she is note its member; however, in case of a tie, he/she exercises his/her casting vote 2) Rajya Sabha elects a Deputy Chairman from among its members; in the absence of the Chairman, he/she performs all the functions and duties of the Chairman

judicial powers of the parliament (last 2)

2) removal of judges: the Parliament can remove the Judges of the Supreme Court and the High Courts, the Chief Election Commissioner and the Comptroller and Auditor General of India, if they are found guilty of violating provisions of the Constitution 3) punishment: the Parliament can punish a person for obstructing the work of Parliament or showing disrespect of the House; in 1961, the Parliament reprimanded the Editor of the Blitz for ridiculing a member of the Parliament

control over executive (last 3)

3) adjournment motion: motion for adjournment is aimed at censuring the acts of omission and commission of the Ministers; the following are some of the occasions on which Adjournment Motions were allowed in the past : death of several persons due to the consumption of unlicensed liquor, killing of a senior IPS Officer in a place of worship 4) other motions of censure: the Parliament exercises its control over the Government by other motions which, if passes, amount to no-confidence; they include: motions of censure against a minister, rejection of a Government Bill, passing of a private member's bill against the wishes of the Government 5) monetary controls: during the budget session a cut motion may be moved; Parliamentary Committee on Public Accounts ensures that public money is spent in accordance with Parliament's decision; it examines reports of the Comptroller and Auditor-General of India

financial powers of parliament (last 3)

3) vote on account: if the Union Budget is not passed before the beginning of the new financial year, i.e., April 1, there would be no money for the Executive to spend; there is therefore, a device known as 'Vote on Account' which authorizes the Executive to draw funds from the Consolidated Fund until the Budged is passed by the Parliament 4) salaries: the salaries and allowances of MPs and Ministers are determined by Parliament 5) permission for taxes: no tax can be imposed or money spent by the government without the approval of the Parliament; in matters of finance, the Lok Sabha enjoys more powers than the Rajya Sabha; once the Money Bills go to the Rajya Sabha they have to be sent back to the Lok Sabha within 14 days; the Lok Sabha may accept or reject the recommendations of the Rajya Sabha

legislative powers of parliament (4th and 5th)

4) matters in the State List: the State List comprises matters related to agriculture, animal husbandry, public health, local government, police etc.; Parliament can legislate even on subjects included in the State List - during the Proclamation of Emergency - when the Rajya Sabha passes a resolution by two-thirds majority that a subject in the State List has assumed national importance - when two or more States are in the opinion that the Parliament should legislate on a subject given in the State List, the Parliament may make an Act on that subject but that would be applicable only to the consenting States 5) ordinances: the President is empowered to promulgate an Ordinance at a time when the Parliament is not in session; it has the same effect as an Act; all ordinances must be put up before both the Houses for their approval; ordinances cease to operate after size weeks from the re-assembly of Parliament, unless they are approved by the Houses

legislative powers of parliament (6th)

6) powers during emergency: when there is a total breakdown of the Constitutional machinery in a State, a state of Emergency is declared in the State; during the period of Emergency, the Parliament becomes the legislature in the State concerned and assumes all powers, including the financial powers of passing the State budget

disqualification of membership

i) if he/she holds any office of profit under the Government of India or under the Government of States (other than an office exempted by Parliament by law) but not a Minister for the Union or for a State ii) if he/she is of unsound mind and stands so declared by a competent Court iii) if he/she is an undischarged insolvent iv) if he/she is not a citizen of India or has voluntarily acquired citizenship of a foreign State or is under an acknowledged of allegiance or adherence to a foreign power v) if he/she if so disqualified by or under any law made by Parliament - if any question arises to whether a member of either House of Parliament has become subject to any of the above disqualifications, the President's decision, in accordance with the opinion of the the Election Commission shall be final - a penalty may be imposed upon a person who sits or votes in either Houses of Parliament knowing that he is disqualified for membership thereof