Laxmikanth Summary: Parliament

Table of Contents
1. Organisation of Parliament
2. Composition of Rajya Sabha
3. Composition of Lok Sabha
4. System of Elections to Lok Sabha
5. Duration of Two Houses
6. Membership of Parliament
7. Salaries, Allowances and Pensions
8. Presiding Officers: Speaker and Chairman
9. Secretariat of Parliament
10. Leaders and Whips in Parliament
11. Sessions of Parliament
12. Voting in the House
13. Language in Parliament
14. Rights of Ministers and the Attorney-General
15. Lame-Duck Session
16. Types of Majority
17. Devices of Parliamentary Proceedings
18. Legislative Procedure in Parliament
19. Joint Sitting of Parliament
20. Budget in Parliament
21. Multifunctional Role of Parliament
22. Position of Rajya Sabha
23. Parliamentary Privileges
24. Sovereignty of Parliament - Indian Context
25. Conclusion
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Articles 79 to 122 in Part V of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers, and related matters of the Parliament of India.

Organisation of Parliament

Under the Constitution, the Parliament of India consists of three parts:

• The President
• The Council of States (Rajya Sabha)
• The House of the People (Lok Sabha)

In 1954 the Hindi names Rajya Sabha and Lok Sabha were formally adopted. The Rajya Sabha is commonly referred to as the Upper House (Second Chamber or House of Elders) and the Lok Sabha as the Lower House (First Chamber or Popular House).

The President is not a member of either House and does not sit in Parliament, yet the President is an integral constituent part of Parliament because laws passed by both Houses require the President's assent to become law.

Composition of Rajya Sabha

Rajya Sabha strength:

• Maximum strength fixed by the Constitution at 250.
• Up to 238 representatives to be elected from States and Union Territories by their elected members (indirect election).
• Up to 12 members nominated by the President for their special knowledge or practical experience in literature, science, art, and social service.
• At present the Rajya Sabha has 245 members: 225 representing states, 8 representing Union territories, and 12 nominated by the President (figures shown as per current composition).

Representation of States and Union Territories

• Members representing states are elected by the elected members of State Legislative Assemblies through proportional representation by means of the single transferable vote.
• Seats are allotted to states roughly on the basis of population; larger states (e.g., Uttar Pradesh) have many more members than smaller states (e.g., Tripura).
• Certain Union Territories (for example Delhi and Puducherry) elect members to Rajya Sabha by an electoral college; only Union Territories with representation are allotted seats.

Nominated members

• The President nominates up to 12 eminent persons to represent fields of arts, literature, science and social service to enrich the House with expertise not directly obtainable by election.

Fourth Schedule of the Constitution contains the allocation of Rajya Sabha seats among the states and Union Territories.

Composition of Lok Sabha

Lok Sabha strength:

• Maximum strength fixed at 550.
• Up to 530 members to represent states.
• Up to 20 members to represent Union Territories.
• At present the Lok Sabha has 543 members: 524 representing states and 19 representing Union Territories (figures shown as per current composition).

Representation and Electorate

• Members are directly elected from territorial constituencies by adult citizens of India on the basis of universal adult franchise (voters aged 18 years and above after the 61st Amendment Act, 1988).
• Parliament determines the manner of representation of Union Territories; the Union Territories (Direct Election to the House of the People) Act, 1965 provides for elections from Union Territories.

Nominated members

• Until 25 January 2020 the President could nominate two members of the Anglo-Indian community to the Lok Sabha if the community was not adequately represented; this provision was discontinued by the 104th Amendment Act, 2019.

System of Elections to Lok Sabha

Territorial constituencies and delimitation

• Each state is divided into territorial constituencies for the purpose of Lok Sabha elections.
• Seats are allotted to states roughly in proportion to population; constituencies within a state are required to maintain a uniform ratio between population and seats so far as practicable.
• Population figures used for allocation refer to the preceding census.
• Parliament exercises the power of delimitation by statute; Delimitation Commissions have been appointed under Acts in 1952, 1962, 1972 and 2002.
• The 42nd Amendment (1976) froze changes in allocation and constituency boundaries until 2000; the freeze was extended to 2026 by the 84th Amendment (2001). The 87th Amendment (2003) permitted delimitation based on the 2001 census without altering the total number of seats.

Reservation for Scheduled Castes and Scheduled Tribes

• Seats are reserved for SCs and STs in proportion to their population in each state/UT.
• Reservation of seats has been periodically refixed in accordance with delimitation exercises and constitutional amendments; reservation continues to operate and has been extended by successive amendments.
• Reserved seats are elected by all voters in the constituency; there is no separate electorate.

Electoral system

• Lok Sabha elections follow the First-Past-The-Post (FPTP) system: each territorial constituency is single-member and the candidate securing the largest number of votes is elected.
• Proportional representation (PR) systems-such as the single transferable vote or list systems-are used elsewhere (e.g., Rajya Sabha, election of President and Vice-President), but PR was not adopted for Lok Sabha because of administrative and representational considerations.
• Advantages and drawbacks of PR (as discussed in parliamentary debates and comparative scholarship) include greater proportionality versus complexity, weaker voter-representative linkage, and potential for encouraging narrow group interests.

Duration of Two Houses

Rajya Sabha

• The Rajya Sabha is a continuing chamber, constituted in 1952 and is not subject to dissolution.
• One-third of its members retire every second year; members serve terms of six years (as provided by the Representation of the People Act, 1951).
• Retiring members are eligible for re-election or re-nomination.
• The President is empowered to determine the order of retirement and to shorten terms in the first constitution of the Rajya Sabha.

Lok Sabha

• The normal term of the Lok Sabha is five years from the date of its first meeting.
• The President can dissolve the Lok Sabha at any time before the expiry of its term; dissolution terminates the life of the House.
• During a national emergency the Parliament may, by law, extend the term of the Lok Sabha year by year, but not beyond six months after the emergency ceases to operate.

Membership of Parliament

1. Qualifications

• Must be a citizen of India.
• Must make and subscribe to an oath or affirmation before a person authorised for this purpose.
• Minimum age: 30 years for Rajya Sabha; 25 years for Lok Sabha.
• Must possess any other qualifications prescribed by Parliament by law.

2. Disqualifications

• Holding any office of profit under the Union or a State government, except offices exempted by law.
• Being of unsound mind declared by a competent court.
• Being an undischarged insolvent.
• Not being an Indian citizen, or voluntarily acquiring the citizenship of a foreign state, or owing allegiance to a foreign state.
• Any other disqualification prescribed by law (Representation of the People Act, 1951 and other statutes).

3. Vacating of Seats

• One person cannot be a member of both Houses simultaneously; on election to both, the person must vacate one seat.
• Resignation: a member may resign by writing to the Speaker (Lok Sabha) or Chairman (Rajya Sabha); the seat becomes vacant when the resignation is accepted.
• Absence: a House may declare a seat vacant if a member is absent from all sittings for sixty days without permission.
• Disqualification under constitutional provisions (including defection under the Tenth Schedule) leads to vacation of seat.

4. Oath or Affirmation

• Every member must take and subscribe to the prescribed oath or affirmation before taking a seat and participating in proceedings.
• The oath/affirmation is administered by a person authorised by the President.
• In the oath a member swears to bear true faith and allegiance to the Constitution, to uphold sovereignty and integrity of India, and to perform their duties faithfully.
• Penalties: a person sitting or voting before taking the oath, or while aware of disqualification, may be liable to a monetary penalty as provided under parliamentary law.

Salaries, Allowances and Pensions

• Members receive salaries and allowances as fixed by Parliament by law.
• Parliament enacted legislation on salaries, allowances and pensions for members; over time these were revised-significant upward revisions were made in 2018 for basic salary and certain allowances.
  • In 2018, significant increases in allowances were made:
    • Monthly salary increased from ₹50,000 to ₹1,00,000.
    • Constituency allowance increased from ₹45,000 to ₹70,000.
    • Office expenses allowance increased from ₹45,000 to ₹60,000.
    • Daily allowance increased from ₹1,000 to ₹2,000 for each day of residence on duty.
  • Additional benefits include travelling facilities, free accommodation, telephone, vehicle advance, and medical facilities.

• Pension for Members:

  • In 2018, pension increased from ₹20,000 to ₹25,000 per month for any period served as a member of Parliament.
  • Additional pension of ₹2,000 per month for every year served in excess of five years (increased from ₹1,500 per month before 2018).

• Speakers and Deputy Speakers of Lok Sabha, Chairman, and Deputy Chairman of Rajya Sabha:

  • Salaries and allowances are determined by Parliament.
  • Charged on the Consolidated Fund of India, not subject to annual vote of Parliament.
  • Salaries increased, e.g., Chairman of Rajya Sabha from ₹25 lakh to ₹4 lakh per month in 2018.

• Officers of Parliament (Chairman and Deputy Chairman of Rajya Sabha, Speaker, and Deputy Speaker of Lok Sabha):

  • Salaries per month at the same rates as Members of Parliament.
  • Daily allowance at the same rate as Members of Parliament for each day during the term.
  • Constituency allowance at the same rate as Members of Parliament.
  • Sumptuary allowance for the Speaker of the Lok Sabha at the same rate as a Cabinet Minister (₹2,000 per month).
  • Sumptuary allowance for Deputy Speaker of Lok Sabha and Deputy Chairman of Rajya Sabha at the same rate as a Minister of State (₹1,000 per month).

Presiding Officers: Speaker and Chairman

Speaker of the Lok Sabha

The Lok Sabha elects its Speaker from among its members soon after a new House is constituted. The Speaker is the principal presiding officer and the head of the House's proceedings; the office is a constitutional one and the Speaker functions under constitutional provisions and the Rules of Procedure and Conduct of Business in Lok Sabha.

• Election: The House elects the Speaker by simple majority; the Speaker must be a member of the Lok Sabha.
• Removal: The Speaker may be removed by a resolution passed by a majority of the House (procedural law specifies the type of majority required and conditions for notice).
• Powers and functions: Presides over sittings, enforces discipline and decorum, decides the agenda, interprets Rules of Procedure, protects rights and privileges of members, maintains order, and decides on admissibility of motions (except no-confidence motion). The Speaker has the final authority to certify whether a Bill is a Money Bill, and that decision is final and not subject to judicial review. The Speaker presides over joint sittings of Parliament.
• Casting vote: The Speaker does not vote in the first instance but exercises a casting vote in case of equality of votes.

Deputy Speaker of Lok Sabha

• The Deputy Speaker is elected by the Lok Sabha from among its members; the Speaker usually fixes the date(s) for this election.
• The Deputy Speaker presides over the House in the absence of the Speaker.
• G. V. Mavalankar and Ananthasayanam Ayyangar were respectively the first Speaker and first Deputy Speaker of Lok Sabha.

Panel of Chairpersons

• The Speaker nominates a panel of members (not exceeding ten) to act as Chairpersons; any of them may preside over the House in the absence of the Speaker and Deputy Speaker and exercise the powers of the Speaker while presiding.

Speaker Pro Tern

• As provided by the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha. Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro Tern. 
• When the new Speaker is elected by the House, the office of the Speaker Pro Tern ceases to exist. It has all power of the speaker.

Chairman and Deputy Chairman of Rajya Sabha

• The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. The Chairman presides over Rajya Sabha; when the Vice-President acts as President, he does not discharge Chairman's functions.
• The Chairman can be removed only by removal from the office of Vice-President.
• The Deputy Chairman is elected by the Rajya Sabha from among its members; he presides in the absence of the Chairman and can be removed by a resolution of the Rajya Sabha.
• The Chairman's and Deputy Chairman's powers in Rajya Sabha correspond broadly with those of the Speaker in Lok Sabha, except that the Speaker alone certifies Money Bills and presides over joint sittings.

Panel of Vice-Chairpersons in Rajya Sabha

• The Chairman nominates a panel of Vice-Chairpersons from among Rajya Sabha members; they preside when the Chairman and Deputy Chairman are absent and exercise the Chairman's powers while presiding.

Secretariat of Parliament

Each House has its own secretariat to service its legislative and committee work. The secretariat of each House is headed by a Secretary-General, who is a permanent officer; recruitment and service conditions of staff are regulated by Parliament.

Leaders and Whips in Parliament

Leader of the House

• In Lok Sabha the Leader of the House is normally the Prime Minister if the PM is a member of the Lok Sabha; otherwise the PM nominates a minister who is a Lok Sabha member.
• In Rajya Sabha the Leader of the House is a minister and a Rajya Sabha member nominated by the Prime Minister.
• The Leader directs government legislative business and generally coordinates the Government's programme in the House and committee work; a Deputy Leader may be appointed.

Leader of the Opposition

• The Leader of the Opposition is the leader of the largest party in opposition recognised by the Speaker/Chairman as per the statutory provisions (Salary and Allowances of Leaders of Opposition in Parliament Act, 1977).
• Recognition, facilities and status equivalent to a Cabinet Minister are conferred by law; the Leader of the Opposition plays a critical role in constructive scrutiny of government policy and in certain appointments and consultative processes.
• Where multiple opposition parties have equal strength, the Speaker/Chairman decides recognition after considering party status and other factors.

Whips

• Whips are party officials who organise party members in the House and advise them on voting and attendance. Their role is based on parliamentary conventions and statutory provisions concerning recognised parties and groups.
• Every recognised party has a Chief Whip and whips; the Chief Whip of the ruling party in Lok Sabha is usually the Minister of Parliamentary Affairs.
• Facilities for leaders and chief whips of recognised parties are provided under the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998; recognition depends on specified numerical strength thresholds.

Sessions of Parliament

The Constitution provides that Parliament shall meet at least twice a year. By practice Parliament holds three sessions each year:

• Budget Session (February to May)
• Monsoon Session (July to September)
• Winter Session (November to December)

Summoning, Adjournment and Prorogation

• The President summons each House to meet; there shall not be more than a six-month interval between two sessions of Parliament.
• A parliamentary session extends from the first sitting until prorogation or, in the case of the Lok Sabha, dissolution.
• An interval between prorogation and the next session is called a recess.
• Each sitting day is composed of sittings (for example morning and post-lunch sittings) and may be adjourned; an adjournment sine die means adjournment without naming a day for reassembly.
• Prorogation ends a session; only dissolution ends the life of the Lok Sabha (Rajya Sabha is not subject to dissolution).

Quorum

• Quorum is the minimum number of members required to transact business: one-tenth of the total membership of the House, i.e., at least 55 members in Lok Sabha and 25 in Rajya Sabha.

Voting in the House

• Ordinary decisions are taken by simple majority of members present and voting, except where the Constitution or law requires a special majority.
• The presiding officer does not ordinarily vote but exercises a casting vote in the case of equality.

Methods of Voting

• Voice vote: Members say 'Aye' or 'No' and the presiding officer announces the result if not challenged.
• Division: If a voice vote is challenged, a formal division takes place. Methods include electronic voting equipment, voting slips, or members walking into lobbies (historically used).
• Secret ballot: Used in specified circumstances (for example, certain elections) and ensures privacy of vote.
• Recording by slips: If equipment fails or in special cases, votes may be recorded on slips.
• Casting vote: If Ayes and Noes are equal, the presiding officer casts the deciding vote.

Language in Parliament

• Business in Parliament may be conducted in Hindi or English; the presiding officer may allow members to speak in their mother tongue.
• Both Houses provide translation facilities for languages listed in the Eighth Schedule. If a member speaks in a language not provided, they should furnish a translated text in Hindi or English.
• The Official Languages Act, 1963, provides for the continued use of English alongside Hindi for official purposes.

Rights of Ministers and the Attorney-General

• Ministers and the Attorney-General of India have the right to speak in either House, in any joint sitting, and in committees of which they are members, but they are not entitled to vote unless they are members of that House.
• This arrangement allows ministers who are members of one House to participate in the proceedings of the other House and enables non-members to be appointed ministers for up to six months (by which time they must become members of either House).

Lame-Duck Session

• A lame-duck session refers to a sitting of the outgoing Lok Sabha after a new Lok Sabha has been elected, where members who have not been re-elected continue to perform certain duties until the new House meets; historically such sessions have been used to pass urgent financial measures like Vote on Account.

Types of Majority

The Constitution and parliamentary practice refer to several kinds of majority required for different purposes:

1. Simple Majority

• Majority of members present and voting at a sitting; the general rule for ordinary bills and motions (Article 100).
• Used for passing ordinary and many important procedural motions (e.g., no-confidence, censure, election of Speaker/Deputy Speaker).

2. Effective Majority

• Majority of the effective strength of the House, i.e., majority of total membership excluding vacancies. Required for certain removals/decisions under the Constitution and Rules (for example, removal of Speaker/Deputy Speaker in practice).

3. Absolute Majority

• Majority of the total membership of the House irrespective of vacancies or absentees (for example more than half of total membership).

4. Special Majority

• Several forms of special majority are required for constitutional actions, including:
• Special Majority I: Majority of the total membership of each House and a two-thirds majority of members present and voting-for constitutional amendments and removal of certain high constitutional functionaries.
• Special Majority II: Two-thirds majority of the total membership of each House (used in some impeachment procedures).
• Special Majority III: Two-thirds of members present and voting in Rajya Sabha for certain authorisations (for example, creation of All-India Services or law on State List matters under specified conditions).

Devices of Parliamentary Proceedings

Question Hour

• The first hour of every sitting is generally allotted to Question Hour, during which members ask questions and ministers usually answer.
• Questions are classified as starred (oral answer and subject to supplementary questions), unstarred (written answer only, no supplementaries) and short notice questions (less than ten days notice, answered orally).

Zero Hour

• Zero Hour immediately follows Question Hour and is an informal device used in the Indian Parliament to raise urgent public matters; it is not mentioned in the Rules but has become institutionalised practice since the 1960s.

Motions

• Motions are formal proposals for House action; no discussion on a matter of public importance is permissible unless a motion (or other procedure) admitting discussion is moved and permitted by the presiding officer.
• Types of motions include substantive motions, substitute motions, and subsidiary motions (which depend on another motion). Specific motions include closure motion, no-confidence motion, privilege motion, motion of thanks, calling attention motion, censure motion, and no-day-yet-named motion.
• The no-confidence motion (under Article 75 principles) may remove the Council of Ministers if passed by a majority in Lok Sabha; it requires the support of a specified minimum number of members for admission of the motion in practice.

Half-an-Hour and Short Duration Discussions

• Half-an-Hour Discussion can be allowed on matters of public importance where short, focused deliberation is warranted; the Speaker may allot time for such discussions.
• Short Duration Discussion (or two-hour discussion) is another short-format device to discuss urgent matters of public importance.

Point of Order

• A member may raise a Point of Order when they believe the proceedings are not following the Rules of the House; it must relate to the Rules or constitutional provisions governing House business and is decided by the presiding officer.

Special Mention

• In Rajya Sabha members may raise matters not covered in other slots under Special Mention. In Lok Sabha a similar mechanism is available under the Rules (e.g., Notice under Rule 377).

Resolutions

• A resolution is a stand-alone proposal presented for approval by the House, expressing a decision.
• All resolutions are important motions that members can use to highlight public concerns.
• Discussions on resolutions must stay relevant to the resolution's scope.
• Once a member submits a resolution or a change to it, they generally cannot retract it without House permission.
• Resolutions can serve various purposes like stating opinions, making recommendations, endorsing or opposing government actions, conveying messages, or highlighting issues for government consideration.
• There are three types of resolutions: Private Member's Resolutions, Government Resolutions, and Statutory Resolutions.
  • Private Member's Resolution: Proposed by a non-minister member and discussed on alternate Fridays.
  • Government Resolution: Introduced by a minister and can be about international treaties, government policies, or committee recommendations.
  • Statutory Resolution: Can be presented by a member or a minister, following constitutional or parliamentary provisions.

Youth Parliament

• The Youth Parliament programme, promoted by the Ministry of Parliamentary Affairs, aims to familiarise young people with parliamentary institutions, instil democratic values, discipline and tolerance, and encourage participation in public life.

Legislative Procedure in Parliament

The legislative procedure is broadly identical in both Houses: a Bill must normally be passed by both Houses and receive the President's assent to become law. Bills are classified as public (government bills) and private members' bills, and in another technical classification as ordinary bills, money bills, financial bills and constitution amendment bills.

Ordinary Bills: Stages

Every ordinary bill generally passes through the following stages:

• First Reading: Introduction of the Bill in either House (by a minister or any member) and publication in the Gazette; no detailed discussion at this stage.
• Second Reading: Detailed scrutiny which includes (a) general discussion; (b) consideration by a select/standing/joint committee where clause-by-clause examination may occur and evidence may be taken; and (c) consideration stage where clauses and amendments are discussed and voted upon in the House.
• Third Reading: Debate confined to acceptance or rejection of the Bill as a whole; no further amendments; Bill is put to vote and, if passed, transmitted to the other House.
• Bill in the Second House: The second House proceeds through similar stages; if it proposes amendments the first House may accept or reject them; disagreement may lead to further parliamentary processes.
• Assent of the President: After being passed by both Houses (or deemed so in a joint sitting), the Bill is presented to the President who may give assent, withhold it, or return the Bill (except a Money Bill) for reconsideration.

Money Bills

Article 110 defines a Money Bill. A Bill is deemed a Money Bill if it contains only provisions dealing with one or more of the matters specified in Article 110, including imposition, abolition or regulation of taxation, appropriation out of the Consolidated Fund of India, receipt of money, custody of Consolidated Fund, and other matters incidental thereto.

• A Money Bill can only be introduced in the Lok Sabha and only on the recommendation of the President.
• After passing the Lok Sabha, a Money Bill is sent to the Rajya Sabha for recommendations; the Rajya Sabha may recommend amendments but cannot reject or amend the Bill; it must return the Bill within 14 days with or without recommendations. The Lok Sabha may accept or reject the recommendations; the Speaker certifies a Bill as a Money Bill and that certificate is final.

Financial Bills

Financial bills are defined technically under Article 117 and are of three kinds:

• Money Bills (Article 110)
• Financial Bills (I) under Article 117(1)
• Financial Bills (II) under Article 117(3)

All Money Bills are Financial Bills but not all Financial Bills are Money Bills; the latter involve fiscal matters but may include provisions not strictly within Article 110 and therefore follow a different procedure.

Joint Sitting of Parliament

To resolve deadlocks between the two Houses on a Bill, the Constitution provides for a joint sitting under Article 108.

• A joint sitting is summoned by the President when a Bill passed by one House is rejected by the other, when the Houses disagree on amendments, or when more than six months elapse without the Bill being passed by the other House (subject to exceptions such as dissolution of the Lok Sabha).
• The Speaker presides over the joint sitting; in the Speaker's absence the Deputy Speaker presides, and in his absence the Deputy Chairman of Rajya Sabha presides. If none are available, the Members by consensus choose a person to preside.
• The quorum for a joint sitting is one-tenth of the total number of members of the Houses.

Note on calculation of the six-month period: days when the House is prorogued or adjourned for more than four consecutive days are excluded from the computation.

Budget in Parliament

The annual financial statement-commonly referred to as the budget-is presented to Parliament under Article 112. It sets out estimated revenue and expenditure for the financial year (1 April to 31 March next year).

The budget contains estimates of receipts and expenditure, tax proposals, borrowing requirements, details of previous year's accounts and a plan for the coming year. The Finance Minister presents the budget along with the Budget Speech; since 2017 the budget presentation date was advanced and normally occurs on 1 February.

Merger of Railway Budget

• Historically India had a separate Railway Budget (originating from the Acworth Committee recommendations of the 1920s) presented separately from the General Budget.
• In 2017 the Railway Budget was merged with the General Budget and now a single Union Budget is presented covering all ministries.

Constitutional Provisions concerning the Budget

• The President shall cause to be laid before both Houses an annual financial statement (Article 112).
• Expenditure from the Consolidated Fund of India requires parliamentary appropriation.
• Money Bills can be introduced only in the Lok Sabha and on the President's recommendation; Rajya Sabha cannot vote on demands for grants.
• Parliament may reduce or refuse proposals for taxation but cannot increase taxation proposed by the Government.

Charged and Voted Expenditure

• Charged expenditure is charged on the Consolidated Fund of India and is not subject to a vote of Parliament (examples include emoluments of the President, certain presiding officers, salaries of Supreme Court judges, CAG, UPSC members etc.).
• Voted expenditure requires parliamentary approval through Demands for Grants and includes normal administrative expenses, debt charges and other voted items.

Stages in Enactment of the Budget

The budgetary process broadly follows these stages:

1. Presentation of the budget (Annual Financial Statement)
2. General discussion on budget proposals
3. Scrutiny by Departmental/Standing Committees
4. Voting on Demands for Grants in Lok Sabha
5. Passing of the Appropriation Bill (authorises withdrawal from Consolidated Fund)
6. Passing of the Finance Bill (to give legal effect to taxation proposals)

The Appropriation Act follows presidential assent to the Appropriation Bill; the Finance Act gives statutory effect to budgetary tax proposals.

Other Grants and Adjustments

• Supplementary grant: Additional allocation during a year when original grants are inadequate.
• Additional grant: For new services not included in the budget.
• Excess grant: When actual expenditure exceeds voted grant; requires post-facto sanction.
• Vote on Account: Temporary provision to meet government expenses pending final budget approval.
• Exceptional, token grants and re-appropriations are other parliamentary mechanisms for financial management within the year.

Funds

• Consolidated Fund of India (Article 266): all revenues received, loans raised and receipts incidental thereto form part of this Fund; all government expenditure is charged herefrom subject to appropriation by Parliament.
• Public Account of India (Article 266): receipts which the Government holds in trust (e.g., small savings, provident funds) are kept here; such payments need not be voted by Parliament when disbursed in accordance with law.
• Contingency Fund of India (Article 267): placed at the disposal of the President for unforeseen expenditure; expenditure from this Fund is subsequently regularised by Parliament.

Multifunctional Role of Parliament

Parliament occupies a central place in India's politico-administrative system and performs multiple roles:

1. Legislative functions (making laws on Union and Concurrent Lists; under special circumstances on State List items).
2. Executive control (collective responsibility of Council of Ministers to Lok Sabha; scrutiny, questions, motions, committees).
3. Financial authority (appropriation, taxation, budgetary control, oversight through PAC and Estimates Committee).
4. Constituent power (amendment of the Constitution under prescribed procedure).
5. Judicial functions (punishing breaches of privilege, impeachment proceedings).
6. Electoral functions (participation in election of President and Vice-President, and in the election process for certain constitutional posts).
7. Other functions such as discussion of matters of national and international importance and altering boundaries of States/UTs by law.

Position of Rajya Sabha

The constitutional position of Rajya Sabha compared with Lok Sabha can be considered under three headings: where it is equal, unequal, and where it has special powers.

1. Equal status with Lok Sabha

• Both Houses have equal power in introduction and passage of ordinary bills, constitutional amendment bills, and many other legislations.
• Both Houses share powers regarding election and impeachment of the President, amendment of the Constitution, and selection of ministers.

2. Unequal status with Lok Sabha

• Money Bills and certain Financial Bills must originate in the Lok Sabha; Rajya Sabha cannot amend or reject Money Bills and can only make recommendations which the Lok Sabha may accept or reject.
• The Rajya Sabha cannot vote on Demands for Grants; only the Lok Sabha has final control over government finances and can remove the Council of Ministers through a no-confidence motion.
• The Speaker of Lok Sabha certifies Money Bills and presides over joint sittings-powers not enjoyed by the Rajya Sabha Chairman.

3. Special powers of Rajya Sabha

• Under Article 249 Rajya Sabha can by resolution authorise Parliament to legislate on a matter in the State List for a specified period.
• Under Article 312 Rajya Sabha can by resolution authorise creation of new All-India Services common to the Union and States.

Parliamentary Privileges

Meaning

Parliamentary privileges are special rights, immunities and exemptions enjoyed by the Houses of Parliament, their committees and members to enable them to discharge their functions independently and effectively. These privileges also extend to persons entitled to speak and take part in proceedings such as ministers and the Attorney-General (but not to the President).

Classification

Privileges are classified into:

1. Collective privileges - privileges of the House as a corporate body.
2. Individual privileges - privileges enjoyed by each member individually.

Collective Privileges

• Right to publish its proceedings, reports and debates (subject to rules and exceptions for secret sittings).
• Right to exclude strangers and hold secret sittings.
• Rule-making authority to regulate own procedure and adjudicate matters of privilege.
• Power to punish for breach of privilege or contempt (reprimand, admonition, suspension or imprisonment in exceptional cases).
• Right to receive immediate information about arrest, detention or conviction of its members.
• Power to send for persons and papers and to institute enquiries.
• Judicial non-interference: courts generally do not inquire into parliamentary proceedings.
• Protection of precincts: arrest or legal process within precincts requires presiding officer's permission.

Individual Privileges

• Freedom from arrest in civil matters during the session and for forty days before and after the session (does not apply to criminal cases or preventive detention).
• Freedom of speech in Parliament and its committees: members are not liable in any court for anything said or any vote given in Parliament (subject to Constitution and House rules).
• Exemption from jury service and certain obligations to testify in court while Parliament is in session.

Breach of Privilege and Contempt

• A breach of privilege occurs when privileges of the House or members are disregarded or attacked; such conduct may be punished by the House.
• Contempt of the House covers a wider range of conduct that obstructs or disrespects the authority, dignity or functioning of the House.
• Although often overlapping, contempt and breach of privilege are distinct concepts; parliamentary procedure governs investigation and punishment.

Sources of Privileges

• Article 105 of the Constitution expressly guarantees freedom of speech in Parliament and right to publish proceedings.
• Other privileges are those enjoyed on the date of commencement of the Constitution and subsequently defined by Parliament, rules of the Houses, conventions, statutes and judicial interpretation.

Sovereignty of Parliament - Indian Context

While the Indian Parliament was modelled on many parliamentary conventions of the British system, it is not 'sovereign' in the British sense. The British doctrine of parliamentary sovereignty (AV Dicey) implies unrestricted legislative authority without judicial review; India differs in key respects because of:

• Written Constitution: Parliament's powers are defined and limited by the Constitution; amendment of the Constitution itself requires a special procedure and in some cases ratification by the states.
• Federal system: Distribution of legislative powers between Union and States limits Parliament's competence over State List subjects except in specified circumstances.
• Judicial review: An independent judiciary (Supreme Court and High Courts) can declare parliamentary laws unconstitutional if they contravene the Constitution or fundamental rights.
• Fundamental rights: Part III rights act as legal constraints on Parliament's legislative competence; Article 13 and judicial review protect these rights.

Thus the Indian Parliament operates within a constitutional framework of checks and balances unlike the absolute supremacy of the British Parliament.

Conclusion

The Parliament of India is a constitutional, representative legislature with multifaceted roles-legislative, financial, executive oversight, constituent, judicial (in limited respects) and electoral. Its structure (bicameral legislature with an elected Lok Sabha and a continuing Rajya Sabha, and the President as integral part) reflects an attempt to balance popular representation, federal interests and constitutional limitations. Parliamentary procedures, privileges and institutional roles ensure functioning consistent with democratic accountability, rule of law and the written Constitution.