Parliament of India |Politics-6

Rajya Sabha

Rajya Sabha

• Maximum Strength – 250.
• Out of these, President nominates 12 amongst persons having special knowledge or practical experience in the fields of literature, science, art and social service.
• Presently, the Parliament, by law, has provided for 233 seats for the States and the Union Territories.
• The total membership of Rajya Sabha is thus 245.
• All the States and the Union Territories of Delhi and Pondicherry are represented in the Rajya Sabha.
• Representatives of the State are elected by members of state legislative assemblies on the basis of proportional representation through a-single transferable vote.
• States are represented on the basis of their population.
• There are no seats reserved for Scheduled Castes and Scheduled Tribes in Rajya Sabha.

The qualification to become a member is:

• Citizen of India.
• 30 yrs of age.
• Be a parliamentary elector in the state in which he is seeking election
• Others as prescribed by parliament from time-to-time.

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Important points

• For 6 years, as 1/3rd Members retire every 2 years.
• Vice-President is the ex-officio chairman of Rajya Sabha.
• He presides over the proceedings of the Rajya Sabha as long as he does not act as the President of India during a vacancy in the office of the President of India.
• Also a deputy Chairman is elected from its members.
• In Rajya Sabha any bill can originate, apart from money bill (including budget).

Special Powers of the Rajya Sabha

• A resolution seeking the removal of the Vice-President can originate only in the Rajya Sabha.
• If the Rajya Sabha passes a resolution by a majority of not less than two-third of the members present and voting that it is necessary in the national interest that Parliament should make laws with respect to any matter enumerated in the State List, it shall be lawful for Parliament to make law for a period of not more than one year.
• If the Rajya Sabha passes a resolution by a majority of not less than two-third of the members present and voting that it is necessary in the national interest to create one or more All-India services, Parliament by law, provide for such service or services.

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Representation of State and Union Territories

State / UTs	Lok Sabha	Rajya Sabha
Andhra Pradesh	42	18
Arunachal Pradesh	2	1
Assam	14	7
Bihar	40	16
Jharkhand	14	6
Goa	2	1
Gujarat	26	11
Haryana	10	5
Himachal Pradesh	4	3
Jammu & Kashmir	6	4
Karnataka	28	12
Kerala	20	9
Madhya Pradesh	29	11
Chattisgarh	11	5
Maharashtra	48	19
Manipur	2	1
Meghalaya	2	1
Nagaland	1	1
Orissa	21	10
Punjab	13	7
Rajasthan	25	10
Sikkim	1	1
Madhya Pradesh	29	11
Chattisgarh	11	5
Maharashtra	48	19
Manipur	2	1
Meghalaya	2	1
Nagaland	1	1
Orissa	21	10
Punjab	13	7
Rajasthan	25	10
Sikkim	1	1

Lok Sabha

• Maximum strength : 550 + 2 [530 - States / 20 - Union Territories]
• Present strength of Lok Sabha – 545.
• The Ninety First Amendment, 2001, extended freeze on Lok Sabha and State Assembly seats till 2026.
• The normal tenure of the Lok Sabha is five years, but it may be dissolved earlier by the President.
• The life of the Lok Sabha can be extended by the Parliament beyond the five year term, when a proclamation of emergency under Article 352 is in force.
• But the Parliament cannot extend the normal life of the Lok Sabha for more than one year at a time (no limit on the number of times in the Constitution).

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The qualification to become a member

• Citizen of India.
• At least 25 yrs of age.
• Mustn’t hold any office of profit.
• No unsound mind / insolvent.
• Has registered as voter in any Parliamentary constituency.

A member can be disqualified

• If he voluntarily gives up the membership of party
• If he over – rules the ‘whip’.
• Absent for 60 days without intimation.

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Lok Sabha Speaker

• Members’ oath is administered by Pro-Tem Speaker.
• Can resign, by writing to Speaker.
• Presiding officer is Speaker (In his absence Deputy Speaker). The members among themselves elect him.
• The Speaker continues in office even after the dissolution of the Lok Sabha till a newly elected Lok Sabha meets.
• Usually the Speaker, after his election cuts-off all connection with his party & acts in an impartial manner.

• He does not vote in the first instance, but exercises his casting vote only to remove a deadlock.
• Charges his salary from Consolidated Fund of India.
• Speaker sends his resignation to Deputy Speaker.
• The majority of the total membership can remove Speaker after giving a 14 days notice. During this time, he doesn’t preside over the meetings.
• After his removal, continues in office till his successor takes charge.

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List of Lok Sabha Speakers

Name	Tenure
	From	To
G.V. Mavalankar	15.05 1952	07.02.1956
M.A. Ayyanger	08 03.1956	10.05.1957
M.A. Ayyanger	11.05 1957	06.04.1962
Hukam Singh	17.04.1962	16.03.1967
N. Sanjiva Reddy	17.03.1967	19.07.1969
Dr. G.S. Dhillon	08.08.1969	19.03.1971
Dr. G.S. Dhillon	22.03.1971	01.12.1975
Baliram Bhagat	05.01.1976	25.03.1977
N. Sanjiva Reddy	26.03.1977	13.07.1977
K.D. Hegde	21.07.1977	21.01.1980
Dr. Balram Jakhar	22.01.1980	15.01.1985
Dr. Balram Jakhar	16.01.1985	18.12.1989
Rabi Ray	19.12.1989	09.07.1991
Shiv Raj Patil	10.07.1991	22.05.1996
P.A. Sangma	23.05.1996	23.03.1998
G.M.C. Balyogi	24.03.1998	21.10.1999
G.M.C. Balyogi	27.10.1999	03.03.2002
Manohar Joshi	10.05.2002	20.02.2004
Somnath Chattergee	05.06.2004	31.05.2009
Smt. Meira Kumar	01.06.2009	Till Date

Sessions of Parliament

• At the discretion of the President.
• Gap shouldn’t be more than 6 months.
• The Parliament generally meets in three sessions in a year. These are:
• Budget Session: In Feb – May, longest.
• Monsoon Session: Jul – Aug
• Winter Session: Nov – Dec, shortest.

Prorogation of House

• Means ending the session.
• Pending bills/business does not lapse; they are taken in the next session.
• Dissolution of House (Only of Lok Sabha).

  • By President on advice of PM.

  • Bills pending in Rajya Sabha, passed by Lok Sabha also lapses unless President call a joint sitting of the 2 houses.

  • Bills pending in Rajya Sabha, not passed by Lok Sabha don’t lapse.

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Joint Session

• Can be ordered by President to consider a particular bill in case :
  • A bill passed by one house is rejected by other.
  • The amendments made by the other house are not acceptable to the house where the bill originated.
  • In case, a bill remains pending un-passed for more than 6 months.
• Joint session is presided over by the Speaker of Lok Sabha or in his absence by the Deputy Speaker, or in his absence by the Deputy Chairman of the Rajya Sabha or in his absence any other member of the Parliament who is agreed upon by the Houses.
• If the Lok Sabha is dissolved before the President notifies a joint sitting, the Bill lapses and no joint sitting is possible.

• However, if the President has notified his intention to summon the Houses for joint sitting and then the Lok Sabha is dissolved, the joint sitting takes place not withstanding the dissolution of the House.
• The deadlock over a Bill is resolved by a majority of the total number of the members of both the Houses present and voting.
• Since the Lok Sabha has larger membership, its will prevails.
• No fresh amendment can be done in Joint session.

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Conduct of Business in Parliament

• Ordinary Bills: All bills, except money bills, are introduced in either house. [Speaker of Lok Sabha decides whether the bill is a money bill or not].
• Money Bills: It deals with the imposition or abolition of taxes, matters pertaining to borrowing of money by the Govt., custody & maintenance of consolidated funds, etc.
• It can originate only in Lok Sabha on the recommendation of the President. The Rajya Sabha can only delay it by 14 days. Its final authority lies with Lok Sabha only.

Parliament’s Control Over the Financial System

• Article 265 states that no tax can be levied or collected except by authority of law.
• The executive, therefore, cannot impose any tax without the sanction of the Parliament.
• All the revenue and loans raised by the authority of law are paid into the Consolidated Fund of India.
• Under Article 266 no money can be withdrawn or spent or appropriated from the Consolidated Fund of India without the sanction of the Parliament.
• The Parliament, thus, controls the revenue expenditure and appropriation of Government of India

Stages of Passage of Bills

• Bills may be classified under four heads.
  • Ordinary Bill
  • Money Bill
  • Financial Bill
  • Constitutional Amendment Bill.
• Money and Financial Bills cannot be introduced in the Rajya Sabha.

• The other Bills can be introduced in either House.
• Bills are of two type’s viz., Government and Private Member’s Bills.
• Money, Financial and an Ordinary Bill under Article 3 can be introduced only on the recommendation of the President.
• It means they cannot be introduced as Private Member’s Bill.
• The legislative procedure adopted for passing Government and Private Member’s Bills is the same.

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a. Introduction of the Bill

The different stages in the passage of Bills other than the Money Bills are as follows :

• It involves introduction of Bill embodying the provisions of the proposed law, accompanied by the ‘Statement of Objects and Reasons’.
• If a private member wishes to introduce a Bill, he must give one month notice of his intention to introduce the Bill.
• After the Bill has been introduced in the House it is published in the Gazette of India.
• The introduction of the Bill and its publication in the Gazette constitutes die First Reading of the Bill.

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b. Second Reading of the Bill

• In the second reading principles of the Bill are discussed in thoroughness and the treasury and the opposition members make speeches in support or against the Bill.
• The second reading is divided into two stages.
• The first stage consists of a general discussion of the principles of the Bill and the second stage relates to discussion of clauses, schedules and amendments.

• There are four alternate courses of action open at the second stage:
  • The Bill may be taken into consideration at once;
  • The Bill may be referred to a Select Committee of the House;
  • The Bill may be referred to a Joint Committee of the House;
  • The Bill may be circulated for the purpose of eliciting public opinion on it.
• If the Bill is referred to the Select Committee or Joint Committee it is expected to give its report within a specified date.
• The Committee submits its report to the House. The report and the Bill as amended by the Committee are printed and made available for the use of members of the House.
• This is called the report stage of the Bill. The Bill then undergoes long discussions clause by clause and may undergo substantial change.

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c. Third Reading of the Bill :

• The third reading is the final reading. It is more or less a formal affair.
• The debate is confined to the acceptance or rejection of the Bill.
• The Bill is submitted to the vote of the House and has to be accepted or rejected in Toto.

• After the Bill has been passed by one House, it is transmitted to the other House, where it has to pass through the same process.
  The other House has four alternatives before it. These are :
  • It may pass the Bill with no amendments. In this case, will be deemed to have been passed by both the Houses;
  • It may pass the Bill with amendments. In this case, the Bill will be returned to the originating House. If the House which originated the Bill accepts the Bill as amended by the other House, it will be deemed to have been passed by both the Houses. However, if the originating House does not agree to the amendments made by the other House and if there is final disagreement as to the amendments between the two Houses, the President summons the Joint Session;
  • It may reject the Bill altogether. Again the President can summon a Joint Session;
  • It may take no action on the Bill by keeping it lying on the table. In such a case if six months passes from the date of reception of the Bill, the President summons for the Joint Session.

Parliament Commitee

Committee System

• Appointed to save time.
• Most of them functions under the direction of the Speaker and are essentially Committees of the Lok Sabha.
• Classified under two heads:
  • Standing Committees
  • Ad hoc Committees

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The Standing Committees may be classified as follows:

1. Committee to Enquire

• Committee on Petitions

• Committee on Privileges

• Committee on welfare of Scheduled Castes and Scheduled Tribes

• Committees on welfare of women and minorities

2. Committee to Scrutinize

• Committee on Government Assurances
• Committee on subordinate legislation
• Committee on papers laid on the table of the House

3. Financial Committees

• Estimates Committee
• Public Accounts Committee
• Committee on Public Undertaking
• 17 Departmentally Related Committees

4. Committees of Administrative Character

• Business Advisory Committee
• Committee on Private Member’s Bill
• Committee on Absence of Members
• Committee on Office of Profit

5. Committees dealing with Provision of facilities to Members

• General Purpose Committee
• House Committee
• Library Committee
• Joint Committee on salaries and Allowances
• Rules Committee

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Committee System Important points

• Members of the Rajya Sabha are associated with all the Committees except the Estimates Committee.
• They constitute about one third of the strength of each Committee. They are either elected by the Rajya Sabha or nominated by the Chairman of the Rajya Sabha.
• Members of the Lok Sabha constitute two third of the strength of the Committee in which Rajya Sabha members are there.
• They are either elected by the Lok Sabha or are nominated by the Speaker. The members of the Committee are generally elected for not more than one year.
• As far as possible all the parties in the Parliament are represented in the Committees proportionate to their strength in the Parliament.
• The Chairman of all the Committees (except the Joint Committee on Salaries and Allowances of MPs) are appointed by the Speaker from amongst the members of the Committee.
• Joint Committee on Salaries and Allowances appoints its own Chairman. The Chairman of the Committee on Public Accounts is appointed by the Speaker from amongst opposition members elected from Lok Sabha.
• In case the Speaker is a member of a Committee, he is ex – officio Chairman of the Committee.

Parliament hours & motions

Question Hour

• The first hour of every sitting in both houses (11 – 12 AM).
• In this questions are asked by members & answered by ministers.
• 3 Types of questions :
  • Starred Questions (1 member can ask only one / day) for which oral answers is required.
  • Unstarred Questions for which written answer (10 days notice) is required.
  • Short Notice Questions are the ones which relates to matters of urgent public importance and can be asked by members with notice shorter than the ten days prescribed for an ordinary question.

Zero Hour

• From 12 – 1 PM daily.
• Time allotted everyday for miscellaneous business is call – attention notices, questions on official statements & adjournment motions.

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Motion

A motion is a proposal brought before the house for its opinion / decision.

Types of Motion :

• Privilege Motion
• Censure Motion
• No Confidence Motion
• Call – Attention Motion
• Adjournment Motion
• Cut Motions

Privilege Motion:

A resolution introduced by the opposition that a minister has mislead the house by giving wrong information.

Censure Motion:

• Can be moved only in Lok Sabha only by the opposition.
  • It can be brought against the ruling government or against any minister for the failure to act or seeking disapproval of their policy.
  • A censure motion must specify the charges against the government for which it is moved. Further, no leave of the House is required for moving it.
  • If a censure motion is passed in the Lok Sabha, the Council of ministers is bound to seek the confidence of the Lok Sabha as early as possible.

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No Confidence Motion:

• Can be moved only in Lok Sabha and only by the opposition.
  • It can be brought only against the Council of ministers and not against any individual minister.
  • Further, unlike censure motion, a no – confidence motion need not set out any specific ground.
  • Once admitted in the House, it takes precedence over all the pending business of the House.
  • Generally the PM answers the allegations after the members have spoken.
  • If the motion is adopted by the House, the Council of Ministers is bound to resign.

Call – Attention Motion

• A member (after permission from Speaker) calls the attention of the minister to any matter of ‘urgent public importance’.
• There is no Call – Attention motion in the Rajya Sabha. Instead there exists a motion called ‘Motion for Papers’.

Adjournment Motion

• Leads to setting aside the normal business of the House for discussing a definite matter of urgent public importance.

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Cut Motions

• They are moved in the Lok Sabha only.
• They are part of the budgetary process which seeks to reduce the amounts for grants.
• Cut Motions can be divided into three categories:
  • Policy Cut : A cut motion which says “The amount of the demand be reduced to Re.1″, implies that the mover disapproves of the policy underlying the demand.
  • Economy Cut : The object of the motion is to reduce the amount of die expenditure and the form of the motion is “The amount of the demand be reduced by … (a specified amount)”.
  • Token Cut : Where the object of the motion is to ventilate a specific grievance within the sphere of responsibility of the Government of India and its form is “The amount of the demand be reduced by 100".

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