Laxmikanth Summary: Parliament | Indian Polity for UPSC CSE PDF Download

Articles 79 to 122 in Part V of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers, and so on of the Parliament. 

Organisation of Parliament

• The Parliament of India consists of three parts: the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People).
• In 1954, Hindi names 'Rajya Sabha' and 'Lok Sabha' were adopted for the Council of States and the House of People, respectively.
• Rajya Sabha is the Upper House representing states and union territories, while Lok Sabha is the Lower House representing the people of India.
• The President of India, though not a member of either House, is an integral part of Parliament and plays a crucial role in the legislative process.
• The President's assent is required for a bill passed by both Houses to become law, and they perform various functions related to parliamentary proceedings.
• The Indian Constitution follows the British pattern, where the Parliament consists of the Crown (King or Queen), the House of Lords (Upper House), and the House of Commons (Lower House).
• In contrast, the American President is not an integral part of the legislature, and the U.S. Congress consists of the Senate (Upper House) and the House of Representatives (Lower House).
• The parliamentary form of government in India emphasizes interdependence between legislative and executive organs, similar to the 'Crown-in-Parliament' in Britain.
• The American presidential form of government stresses the separation of legislative and executive organs, with the President not considered a constituent part of Congress.

Composition

Rajya Sabha Strength:

• Maximum strength fixed at 250.
• 238 representatives elected indirectly from states and union territories.
• 12 members nominated by the President.
• Presently, Rajya Sabha has 245 members: 225 represent states, 8 represent union territories, and 12 are nominated by the President.

Representation of States:

• Elected by members of state legislative assemblies.
• Proportional representation through the single transferable vote.
• Seats allotted based on population, leading to varying representation (e.g., Uttar Pradesh has 31 members, Tripura has 1).
• In the USA, all states have equal representation in the Senate, with 2 senators from each state.

Representation of Union Territories:

• Indirectly elected by members of an electoral college.
• Proportional representation through the single transferable vote.
• Only Delhi, Puducherry, and Jammu & Kashmir among the eight union territories have representation in Rajya Sabha due to their larger populations.

Nominated Members:

• President nominates 12 members with special knowledge or practical experience in art, literature, science, and social service.
• A way to include eminent persons without election.
• Unlike the American Senate, Rajya Sabha has nominated members.

Fourth Schedule of the Constitution: Deals with the allocation of seats in the Rajya Sabha to states and union territories.

Composition of Lok Sabha 

Lok Sabha Strength:

• Maximum strength fixed at 550.
• 530 representatives from states.
• 20 representatives from union territories.
• Presently, Lok Sabha has 543 members: 524 representing states and 19 representing union territories.

Representation of States:

• Directly elected by people from territorial constituencies.
• Election based on universal adult franchise (citizens above 18 years, not disqualified under the Constitution or any law, are eligible to vote).
• Voting age reduced to 18 by the 61st Constitutional Amendment Act, 1988.

Representation of Union Territories:

• Parliament empowered to prescribe the manner of choosing representatives from union territories.
• Union Territories (Direct Election to the House of the People) Act, 1965, enacted for direct election of members from union territories.

Nominated Members:

• Before 2020, the President nominated two members from the Anglo-Indian community to Lok Sabha if the community was not adequately represented.
• Originally, this provision was to operate for ten years, but it was continuously extended by ten years each time.
• The 104th Amendment Act, 2019, discontinued this provision, and it ceased to have effect on January 25, 2020.

 System of Elections to Lok Sabha

Territorial Constituencies:

• Each state divided into territorial constituencies for Lok Sabha elections.
• Two provisions ensure uniformity of representation:
  • States allotted seats based on the ratio between the number and population, except for states with a population less than six million.
  • Constituencies within a state have a uniform ratio between population and seats.
• Population refers to the figures from the preceding census.

Readjustment after Each Census:

• After every census, readjustment in allocation of seats and division of states into constituencies.
• Delimitation Commission Acts enacted in 1952, 1962, 1972, and 2002 empower Parliament for this purpose.
• 42nd Amendment Act of 1976 froze seat allocation and constituency division until 2000, extended to 2026 by the 84th Amendment Act of 2001.
• 87th Amendment Act of 2003 allowed delimitation based on the 2001 census without altering seat numbers.

Reservation of Seats for SCs and STs:

• Reservation for scheduled castes and scheduled tribes based on population ratios.
• Initially intended for ten years, extended continuously, and now, under the 104th Amendment Act of 2019, to last until 2030.
• Reserved seats refixed based on 1991 census by the 84th Amendment Act of 2001 and 2001 census by the 87th Amendment Act of 2003.
• Reserved seats elected by all voters without a separate electorate; members not barred from contesting non-reserved seats.

First-Past-The-Post System:

• Lok Sabha elections use the territorial representation (First-Past-The-Post system).
• Members represent single-member constituencies, and candidates with a majority of votes are declared elected.
• This system does not ensure proportional representation for minorities.
• Proportional representation system not adopted for Lok Sabha due to complexities, low literacy, and unsuitability for parliamentary government.

Proportional Representation:

• Proportional representation aims at proportional representation based on the number of people.
• Two types: single transferable vote system and list system.
• Adopted for Rajya Sabha, state legislative council, and President/Vice-President elections.
• Not adopted for Lok Sabha due to voter complexity, unsuitability for parliamentary government, and associated drawbacks.

Drawbacks of Proportional Representation:

• Expensive.
• No scope for organizing by-elections.
• Eliminates intimate contacts between voters and representatives.
• Promotes minority thinking and group interests.
• Increases party system significance at the expense of voters.

Duration of Two Houses

• Constituted in 1952, continuing chamber (permanent body, not subject to dissolution).
• One-third members retire every second year, filled through fresh elections and Presidential nominations.
• Retiring members eligible for re-election and renomination.
• Constitution does not fix term; set at six years by the Representation of the People Act (1951).
• Act empowers the President to determine the order of retirement and curtail term for members chosen in the first Rajya Sabha.

Duration of Lok Sabha 

• Unlike Rajya Sabha, not a continuing chamber; normal term is five years from the first meeting after general elections.
• Can be dissolved by the President at any time before completion of five years, not challengeable in court.
• Term can be extended during national emergency by a law of Parliament, one year at a time.
• Extension cannot continue beyond six months after the emergency ceases to operate.

Membership of Parliament

Qualifications

The Constitution lays down the following qualifications for a person to be chosen as a member of the Parliament:

• He must be a citizen of India.
• He must make and subscribe to an oath or affirmation before the person authorised by the election commission for this purpose. 
• He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.
• He must possess other qualifications prescribed by Parliament.

Disqualifications

Constitutional Disqualifications for Parliament Members:

• Holds any office of profit under the Union or state government (except ministerial positions or exempted offices).
• Declared unsound mind by a court.
• An undischarged insolvent.
• Not a citizen of India or voluntarily acquired citizenship of a foreign state or under any acknowledgment of allegiance to a foreign state.
• Disqualified under any law made by Parliament.

Additional Disqualifications in Representation of People Act (1951):

• Not found guilty of certain electoral offenses or corrupt practices.
• Not convicted for any offense resulting in imprisonment for two or more years (preventive detention not a disqualification).
• Timely submission of an account of election expenses.
• No interest in government contracts, works, or services.
• Not a director or managing agent or holds an office of profit in a corporation with at least 25% government share.
• Not dismissed from government service for corruption or disloyalty to the State.
• Not convicted for promoting enmity between different groups or bribery.
• Not punished for preaching and practicing social crimes like untouchability, dowry, and sati.

Disqualification on Ground of Defection (Tenth Schedule):

• Voluntarily gives up membership of the political party on whose ticket elected.
• Votes or abstains from voting contrary to any direction given by the political party.
• Independently elected member joins any political party.
• Nominated member joins any political party after the expiry of six months.

Decision and Review:

• President's decision is final on disqualifications, but obtaining the opinion of the election commission is necessary.
• Disqualification on the ground of defection is decided by the Chairman for Rajya Sabha and Speaker for Lok Sabha (not the President).
• The Supreme Court ruled in the Kihoto Hollohan case (1992) that the Chairman's/Speaker's decision on defection is subject to judicial review.

Vacating of Seats 

1. Double Membership:

• A person cannot be a member of both Houses simultaneously.
• If elected to both Houses, must intimate within 10 days in which House to serve; otherwise, the Rajya Sabha seat becomes vacant.
• If a sitting member of one House is elected to the other, the seat in the first House becomes vacant.
• If elected to two seats in a House, one must choose one; otherwise, both seats become vacant.
• Similarly, one cannot be a member of both Parliament and state legislature simultaneously; a seat in Parliament becomes vacant if not resigned from the state legislature within 14 days.

2. Disqualification: A member subject to disqualifications in the Constitution or defection under the Tenth Schedule leads to the vacation of the seat.

3. Resignation:

• A member can resign by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha.
• The seat becomes vacant upon acceptance of resignation, but Chairman/Speaker may not accept if not voluntary or genuine.

4. Absence:

• A seat can be declared vacant if a member is absent from all meetings for sixty days without permission.
• No counting of the period during prorogued or adjourned periods exceeding four consecutive days.

5. Other Cases:

• Vacates seat if:
• Election declared void by the court.
• Expelled by the House.
• Elected to the office of President or Vice-President.
• Appointed to the office of governor of a state.

Election of Disqualified Person:

• No constitutional procedure for declaring the election void if a disqualified person is elected.
• Representation of the People Act (1951) enables the high court to declare an election void in such cases.
• The aggrieved party can appeal to the Supreme Court against the high court's decision.

Oath or Affirmation

• Every member, before taking a seat in either House of Parliament, must make and subscribe to an oath or affirmation.
• Administered by the President or a person appointed by the President.
• In the oath or affirmation, a member swears:
  • To bear true faith and allegiance to the Constitution of India.
  • To uphold the sovereignty and integrity of India.
  • To faithfully discharge the duty upon which he/she is about to enter.

Importance of Oath: Necessary for a member to participate in the proceedings, vote, and become eligible for parliamentary privileges and immunities.

Penalties for Violating Oath:

• A person sitting or voting as a member in a House is liable to a penalty of ₹500 for each day in the following conditions:
• Before taking and subscribing to the prescribed oath or affirmation.
• When aware of not being qualified or being disqualified for membership.
• When aware of being prohibited from sitting or voting by virtue of any parliamentary law.

Salaries and Allowances 

Salaries and Allowances for Parliament Members:

• Members are entitled to receive salaries and allowances as determined by Parliament.
• No provision for pension in the Constitution until 1976 when Parliament provided pension to members.
• In 1954, the Parliament enacted the Salary, Allowances, and Pension of Members of Parliament Act.
• 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 of Parliament

Each House of Parliament has its own presid ing officer. There is a Speaker and a Deputy Speaker for the Lok Sabha and a Chairman and a Deputy Chairman for the Rajya Sabha. A panel of chairpersons for the Lok Sabha and a panel of vice-chairpersons for the Rajya Sabha is also appointed.

Speaker of Lok Sabha

Election and Tenure of the Speaker:

• Elected by the Lok Sabha from its members.
• Usually remains in office during the life of the Lok Sabha.
• Vacates office in case of ceasing to be a member, resignation, or removal by a resolution passed by a majority of all members.
• Removal resolution requires a 14 days' advance notice and an effective majority.

Powers, Role, and Functions of the Speaker:

• Maintains order and decorum in the House, with final power in this regard.
• Decides questions of disqualification of a member based on defection.
• Acts as ex-officio chairman of the Indian Parliamentary Group, interpreter of the Constitution and parliamentary precedents.
• Adjourns or suspends the House in the absence of a quorum.
• Casts a vote (casting vote) in the case of a tie, resolving deadlocks.
• Presides over joint sittings of the two Houses to settle deadlocks on bills.
• Decides whether a bill is a money bill or not, with the decision being final.
• Appoints chairmen of parliamentary committees, including the Business Advisory Committee, Rules Committee, and General Purposes Committee.
• Final authority on the interpretation of the Constitution, Rules of Procedure, and Conduct of Business of Lok Sabha.
• Presides over a joint sitting of legislative bodies in the country.
• Conducts 'secret' sittings at the request of the Leader of the House.

Independence and Impartiality of the Speaker:

• Security of tenure: Removal only by an effective majority.
• Salaries and allowances fixed by Parliament, charged on the Consolidated Fund of India.
• Work and conduct immune to discussion and criticism in the Lok Sabha except on a substantive motion.
• Powers not subject to the jurisdiction of any court.
• Cannot vote except in the case of a tie (casting vote).
• High position in the order of precedence (seventh rank), emphasizing the impartiality and independence of the Speaker.
• Convention of non-partisanship seen in Britain not fully established in India, where the Speaker doesn't resign from party membership.

Deputy Speaker of Lok Sabha 

Election and Tenure of Deputy Speaker:

• Elected by the Lok Sabha from its members after the Speaker's election.
• Date of election fixed by the Speaker.
• Usually remains in office during the life of the Lok Sabha.
• Vacates office in case of ceasing to be a member, resignation, or removal by a resolution passed by an effective majority.

Roles and Functions of Deputy Speaker:

• Performs Speaker's duties when the office is vacant.
• Acts as Speaker in the latter's absence from the House or joint sittings.
• Assumes all powers of the Speaker in these roles.
• Not subordinate to the Speaker; directly responsible to the House.
• Assumes the chairmanship of a parliamentary committee when appointed as a member.
• While presiding over the House, cannot vote in the first instance; exercises a casting vote in case of a tie.
• Cannot preside at the House sitting when a resolution for removal is under consideration, though may be present.
• Entitled to a regular salary and allowances charged on the Consolidated Fund of India.

Origin of Speaker and Deputy Speaker Roles in India:

• Originated in 1921 under the provisions of the Government of India Act of 1919.
• Initially called President and Deputy President until 1947.
• The nomenclature changed to Speaker and Deputy Speaker under the Government of India Act of 1935.
• G.V. Mavalankar and Ananthasayanam Ayyangar were the first Speaker and Deputy Speaker, respectively, of the Lok Sabha.
• G.V. Mavalankar also held the post of Speaker in the Constituent Assembly (Legislative) and the provisional Parliament continuously from 1946 to 1956.

Panel of Chairpersons of Lok Sabha

• Speaker nominates a panel of not more than ten chairpersons from among the members.
• Any of them can preside over the House in the absence of the Speaker or Deputy Speaker.
• Possesses the same powers as the Speaker when presiding.
• Holds office until a new panel of chairpersons is nominated.
• If a member of the panel is not present, any other person determined by the House can act as the Speaker.
• Cannot preside over the House when the Speaker or Deputy Speaker's office is vacant.
• During such vacancies, the President appoints a member of the House to perform the Speaker's duties until elections fill the vacant posts.

Speaker Pro Tem

• The Speaker of the last Lok Sabha vacates office before the first meeting of the newly-elected Lok Sabha.
• The President appoints a member of the Lok Sabha as the Speaker Pro Tem.
• The Speaker Pro Tem administers the oath to the newly elected members.
• Possesses all the powers of the Speaker.
• Presides over the first sitting of the newly-elected Lok Sabha.
• Main duty is to facilitate the election of the new Speaker.
• The office is temporary, ceasing to exist once the new Speaker is elected.

Chairman of Rajya Sabha

• The presiding officer of the Rajya Sabha is known as the Chairman.
• The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.
• The Vice-President does not perform the duties of the Chairman during any period when acting as President or discharging the functions of the President.
• Removal from the office of Chairman is contingent upon removal from the office of Vice-President.
• The powers and functions of the Chairman in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha.
• The Speaker has two special powers not enjoyed by the Chairman: deciding whether a bill is a money bill (Speaker's decision is final) and presiding over a joint sitting of two Houses of Parliament.
• Like the Speaker, the Chairman cannot vote in the first instance and can cast a vote only in the case of a tie.
• The Vice-President cannot preside over a sitting of the Rajya Sabha when a resolution for their removal is under consideration. However, they can be present, speak, and participate in proceedings without voting
• Salaries and allowances of the Chairman are fixed by Parliament, charged on the Consolidated Fund of India, and not subject to annual voting.
• During any period when the Vice-President acts as President, they are not entitled to the salary or allowance of the Chairman but receive the salary and allowance of the President.

Deputy Chairman of Rajya Sabha

Election and Tenure:

• Elected by the Rajya Sabha from its members.
• Fills the position if the office falls vacant.
• Vacates the office if ceasing to be a member, resigning, or removed by a resolution with an effective majority.

Functions During Vacancy or Chairman's Absence:

• Acts as Chairman when the office is vacant or during the Vice-President's absence or when the Vice-President acts as President.
• Assumes all powers of the Chairman during these periods.
• Not subordinate to the Chairman; directly responsible to the Rajya Sabha.

Voting and Removal Procedures:

• Cannot vote in the first instance while presiding; only exercises a casting vote in case of a tie.
• Absent from presiding over a sitting if a removal resolution is under consideration; can be present but not preside.
• Removal resolution requires a majority of all members and a 14-day advance notice.

Role During Chairman's Presence:

• When the Chairman presides, the Deputy Chairman functions as an ordinary member.
• Has the right to speak, participate, and vote on any question before the House.

Salary and Allowances:

• Entitled to regular salary and allowances.
• Fixed by Parliament and charged on the Consolidated Fund of India.
• Not subject to annual voting.

Panel of Vice-Chairpersons of Rajya Sabha

• Under the Rules of Rajya Sabha, the Chairman selects a group of vice-chairpersons from the members. Any of them can lead the House if the Chairman or Deputy Chairman is absent. The person presiding has the same authority as the Chairman in that role. They serve until a new group of vice-chairpersons is chosen.
• When a member of the vice-chairpersons group is also absent, someone else chosen by the House acts as the Chairman. It's important to note that a vice-chairperson cannot lead the House if the Chairman or Deputy Chairman position is empty. In such cases, the Chairman's responsibilities are carried out by a House member appointed by the President for this purpose.
• Elections are conducted promptly to fill any vacant positions.

Secretariat of Parliament 

• Each House of Parliament has its own separate secretarial staff, but there can be some positions that are common to both.
• The recruitment and service conditions of the staff are controlled by Parliament.
• The secretariat of every House is led by a Secretary-General, who is a permanent official appointed by the presiding officer of the House.

Leaders in Parliament

Leader of the House

• Under the Lok Sabha regulations, the 'Leader of the House' refers to the prime minister, if they are a Lok Sabha member, or a minister who is a Lok Sabha member and chosen by the prime minister to act as the Leader of the House.
• In the Rajya Sabha, there is also a 'Leader of the House' who is a minister and a Rajya Sabha member selected by the prime minister for the role.
• The leader of the house in each chamber plays a significant role and directly influences the proceedings. They have the authority to appoint a deputy leader of the House.
• In the United States, a similar position is called the 'majority leader'.

Leader of the Opposition

•  In every Parliament, there exists the Leader of the Opposition. This individual holds a crucial role in a parliamentary government system. Their primary responsibilities include offering constructive feedback on the government's policies and presenting an alternative government approach. 
•  The Leaders of Opposition in the Lok Sabha and Rajya Sabha gained official recognition in 1977 through the Salary and Allowances of Leaders of Opposition in Parliament Act. They are entitled to salaries, allowances, and privileges equivalent to those of a cabinet minister. 
•  The concept of an official Leader of the Opposition was first acknowledged in 1969. In the United States, this position is referred to as the 'minority leader'. 
•  As per the Act, the 'Leader of the Opposition' is the member of the Lok Sabha or Rajya Sabha leading the largest opposition party recognized by the Chairman or Speaker. 
•  When multiple opposition parties have equal strength, the Chairman or Speaker will designate one party leader as the Leader of the Opposition based on party status. 
•  The British political system features a distinct entity known as the 'Shadow Cabinet', established by the opposition to balance the ruling cabinet and groom members for future ministerial roles. 
•  Each member of the ruling cabinet has a corresponding shadow member in the opposition, forming an 'alternate cabinet' in case of a change in government. The Leader of the Opposition is often viewed as the 'alternative Prime Minister'. 
•  Although not specified in the Indian Constitution, the roles of the Leader of the House and Leader of the Opposition are outlined in the House Rules and Parliamentary Statute respectively. 

 Whips

• The role of a 'whip' is not mentioned in the Constitution of India or the Rules of the House. It is based on parliamentary government traditions.
• Every political party, whether in power or opposition, has its own Chief whip and whips in Parliament. These individuals are appointed by the party to assist as floor leaders.
• Whips are responsible for ensuring the presence of their party members in Parliament and securing their support for or against specific issues. They also oversee and regulate the behavior of party members.
• Members are expected to follow the instructions given by the whip, or face potential disciplinary measures.
• In the Lok Sabha, the Chief whip of the government party is the Minister of Parliamentary Affairs, while in the Rajya Sabha, it is the Minister of State for Parliamentary Affairs.
• The Chief whip advises the government on parliamentary matters and maintains close communication with ministers regarding parliamentary issues affecting their departments.
• The Chief whip of a recognized party or group is entitled to certain facilities according to the Leaders and Chief Whips of Recognized Parties and Groups in Parliament (Facilities) Act, 1998.
• A recognized party is one with at least fifty-five members in the Lok Sabha or twenty-five members in the Rajya Sabha. A recognized group has at least thirty members in the Lok Sabha or fifteen members in the Rajya Sabha.

Sessions of Parliament

The Parliament should meet at least twice a year.
There are usually three sessions in a year:

(i) The Budget Session (February to May)

(ii) The Monsoon Session (July to September)

(iii) The Winter Session (November to December)

Summoning

• The President calls for each House of Parliament to assemble at times and places of their choice, with no more than a six-month gap between sessions.
• Parliament must convene at least twice annually, typically holding three sessions:
• 
  
  • The Budget Session from February to May.
  • The Monsoon Session from July to September.
  • The Winter Session from November to December.
• A Parliament 'session' extends from the initial sitting of a House to its prorogation or dissolution for the Lok Sabha, where daily business is conducted.
• The interval between a House's prorogation and its reassembly in a new session is termed 'recess'.

Adjournment

• A meeting in Parliament is made up of several gatherings.
• Every day's meeting includes two parts - one in the morning from 11 am to 1 pm and the other after lunch from 2 pm to 6 pm.
• A Parliament meeting can end by adjourning, adjourning indefinitely, proroguing, or dissolving (in the Lok Sabha).
• Adjournment pauses the work during a meeting for a specific duration, which can be hours, days, or weeks.

 Adjournment Sine Die 

• Adjournment sine die means ending a Parliament session without setting a specific date to reconvene.
• When the House is adjourned without scheduling a future meeting, it's referred to as adjournment sine die.
• The authority to adjourn, including adjournment sine die, rests with the House's presiding officer.
• The presiding officer can call for a House meeting before the appointed time or after adjourning sine die.

Prorogation

• The presiding officer, either the Speaker or Chairman, announces that the House is adjourned sine die when the session's work is finished.
• In the following days, the President issues a notice for the session to be prorogued.
• However, the President also has the authority to prorogue the House even while it is in session.

Dissolution

 Rajya Sabha, a permanent House, cannot be dissolved. Only Lok Sabha can be dissolved. Dissolution ends the current House's life, and a new House is formed after general elections.
Lok Sabha can be dissolved in two ways:
Automatic dissolution: Happens after its five-year term ends or if extended during a national emergency.
President's decision: President can dissolve the House when authorized. Once Lok Sabha dissolves early, it's final. All pending business like bills, motions, etc., are void and must be reintroduced in the new Lok Sabha.
Exceptions: Some bills and assurances under examination by the Committee on Government Assurances do not lapse on dissolution. Different scenarios determine if a bill lapses.
For example:

1. A Lok Sabha bill lapses.
2. A bill passed by Lok Sabha but pending in Rajya Sabha lapses.
3. A bill not passed due to disagreement, with a joint sitting planned by the President, does not lapse.
4. A Rajya Sabha bill not passed by Lok Sabha does not lapse.
5. A bill passed by both Houses pending the President's assent does not lapse.
6. A bill passed by both Houses but returned by the President for reconsideration does not lapse.

Quorum 

• Quorum: It is the smallest number of members needed in a House for any official work to happen. In the Lok Sabha, at least 55 members and in the Rajya Sabha, 25 members must be present for any work to take place.
• Responsibility of Presiding Officer: If there aren't enough members for a meeting, the presiding officer must either stop the meeting or pause it until there are enough members present.

Voting in House

• All decisions in a House or joint sitting are made by most votes from present members, not including the chairperson. Some matters in the Constitution need more than a simple majority.
• The chairperson doesn't vote initially but can break a tie. The House's proceedings are valid regardless of unauthorized votes or vacancies.
• Points about voting in Lok Sabha:
  1. After a debate, the Speaker asks supporters to say 'Aye' and opponents to say 'No'.
  2. The Speaker announces the result and, if unchallenged, confirms the decision based on the response.
  3. If challenged, the Speaker clears the lobby, repeats the question, and determines the result.

Methods of Voting

• Voice Vote: It's a simple way to decide on a question in the Lok Sabha. Members say 'Ayes' or 'Noes' to show their choice.
• Division: There are three ways to conduct a Division:
  • Using Automatic Vote Recording Equipment
  • Distributing 'Ayes' and 'Noes' slips
  • Members going into the Lobbies
• The method of voting in the Lobbies is no longer used since the Automatic Vote Recording Equipment was installed.
• Secret Ballot: In 'open' voting, results are displayed using colors: green for 'Ayes', red for 'Noes', and yellow for 'Abstain'. Secret voting is similar, but only a white light shows the vote has been cast.
• Recording Votes with Slips: Members vote on slips in cases of equipment failure or at the start of a new Lok Sabha.
• Counting Members Instead of Formal Division: If a Division is deemed unnecessary, the Speaker may ask members to stand for 'Ayes' or 'Noes'. The Speaker then decides based on the count.
• Casting Vote: When 'Ayes' and 'Noes' are equal, the Speaker casts the deciding vote. The Speaker cannot vote but has a casting vote in case of a tie.

Language in Parliament

• The Constitution states that Hindi and English are the languages used for conducting business in Parliament.
• The presiding officer can allow a member to speak in their mother tongue.
• Both Houses have facilities for translating speeches in languages listed in the Eighth Schedule of the Constitution into Hindi and English.
• If a member speaks in a language without translation services, they must provide a translated copy in Hindi or English.
• English was supposed to be phased out after fifteen years of the Constitution's start, but the Official Languages Act (1963) permitted its continuation with Hindi.

Rights of Ministers and Attorney General

• In addition to the members of a House, every minister and the attorney general of India have the right to speak and take part in the proceedings of either House, any joint sitting of both the Houses, and any committee of Parliament of which he/she is a member, without being entitled to vote.
• There are two reasons for this rule: 
  1. A minister can be involved in the activities of a House even if they are not a member of that House. For example, a minister from the Lok Sabha can participate in the Rajya Sabha's proceedings and vice versa.
  2. A minister who is not a member of either House can participate in the activities of both Houses. It's important to note that a person can serve as a minister for six months without being a member of either House of Parliament.

Lame-duck Session

• It refers to the final meeting of the previous Lok Sabha after a new Lok Sabha has been elected.
• Members of the previous Lok Sabha who were not re-elected to the new Lok Sabha are called lame-ducks.
• In the years 1957 and 1962, after general elections for the Lok Sabha, there were sessions of the previous Lok Sabha held in addition to the new Lok Sabha sessions.
• These sessions were known as "lame-duck sessions" and served the purpose of passing the Vote on Account to keep the government running until the new Lok Sabha was formed.
• The Third Lok Sabha did not have a lame-duck session as the Fourth Lok Sabha was established right after the results of the Fourth General Elections were announced.
• The Vote on Account was approved during the initial session of the new Lok Sabha.

Types of Majority

The following four types of majority are required to determine the various matters in the Parliament: 

1. Simple Majority

• It is a majority of the members present and voting in the House. It is also known as ordinary majority or functional majority or working majority.
• Article 100 of the Constitution states that except as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting. This means that the simple majority is the general rule prescribed by the Constitution for the determination of questions in the Parliament.
• This type of majority is required in the following cases: 
  • Passing of the ordinary bills, money bills, and financial bills.
  • Passing of the Adjournment Motion, No-Confidence Motion, Confidence Motion, Censure Motion, and Motion of Thanks.
  • Removal of the Vice-President in the Lok Sabha (Article 67).
  • Approval of the imposition of the President's Rule (Article 356).
  • Approval of the proclamation of financial emergency (Article 360).
  • Election of the Speaker and the Deputy Speaker of the Lok Sabha (Article 93).
  • Election of the Deputy Chairman of the Rajya Sabha (Article 89).
  • Passing of a resolution by the Lok Sabha for disapproving the continuance of the national emergency (Article 352).

2. Effective Majority

•  It refers to the majority of the total House membership, excluding vacant seats. In simple terms, it means the majority of the effective House strength. For instance, the effective majority in the Rajya Sabha is 111 if there are 25 vacant seats out of the total 245 members. Similarly, the effective majority in the Lok Sabha is 265 if there are 15 vacant seats out of the total 543 members. This type of majority is known in the Constitution as "a majority of all the then members of the House." 
• This type of majority is necessary in specific situations such as: 
  •  Removing the Vice-President in the Rajya Sabha (Article 67) 
  •  Removing the Deputy Chairman of the Rajya Sabha (Article 90) 
  •  Removing the Speaker and the Deputy Speaker of the Lok Sabha (Article 94)

3. Absolute Majority

•  It means most of the total members in the House, regardless of vacant seats or absentees. For example, the required majority in the Rajya Sabha is 123 out of 245 members. Similarly, the required majority in the Lok Sabha is 272 out of 543 members. This kind of majority is not specifically stated in the Constitution as a standalone rule, but it is needed in certain situations as part of a special majority (explained below).

4. Special Majority

Special Majority-I 

• A majority of the total membership of each House and a two-thirds majority of the members present and voting is required in certain situations: 
  • Changing the Constitution
  • Removing Supreme Court Judges
  • Removing High Court Judges
  • Removing the Comptroller and Auditor General of India
  • Removing the Chief Election Commissioner
  • Removing the State Election Commissioner
  • Getting parliamentary approval for a national emergency

Special Majority-II 

• A two-thirds majority of the total membership of each House is required for impeaching the President.

Special Majority-III 

• A two-thirds majority of the members present and voting in the Rajya Sabha is needed in specific cases: 
  • Proposing new All-India Services
  • Passing laws on State List matters

Devices of Parliamentary Proceedings

Question Hour

The first hour of every parliamentary sitting is slotted for this. During this time, the members ask questions and the ministers usually give answers.
The questions are of three kinds, namely, starred, unstarred and short notice:
(i) A starred question (distinguished by an asterisk) requires an oral answer and hence supplementary questions can follow.
(ii) An unstarred question, on the other hand, requires a written answer and hence, supplementary questions cannot follow.
(iii) A short notice question is one that is asked by giving a notice of less than ten days. It is answered orally. 

Zero Hour

•  Unlike the question hour, the zero hour is not mentioned in the Rules of Procedure. It is an informal method for members to talk about urgent public matters. The zero hour follows the question hour and lasts until the day's agenda begins. The time between the question hour and the regular House business is called zero hour. 
•  Zero hour is a unique Indian concept in parliamentary practices, originating in 1962. 

Motions

• Closure Motion: It is a motion moved by a member to cut short the debate on a matter before the House. If the motion is approved by the House, the debate is stopped forthwith and the matter is put to vote. 
• No-Confidence Motion: Article 75 of the Constitution says that the council of ministers shall be collectively responsible to the Lok Sabha. In other words, the Lok Sabha can remove the ministry from office by passing a no-confidence motion. The motion needs the support of 50 members to be admitted. 
• Privilege Motion: It is concerned with the breach of parliamentary privileges by a minister. It is moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts. Its purpose is to censure the concerned minister. 
• Motion of Thanks: The first session after each general election and the first session of every fiscal year is addressed by the president. In this address, the president outlines the policies and programmes of the government in the preceding year and the ensuing year. This motion must be passed in the House.
• Calling Attention Motion: It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter. Like the zero hour, it is also an Indian innovation in the parliamentary procedure and has been in existence since 1954.
• No-Day-Yet-Named Motion: It is a motion that has been admitted by the Speaker but no date has been fixed for its discussion. The Speaker, after considering the state of business in the House and in consultation with the leader of the House or on the recommendation of the Business Advisory Committee, allots a day or days or part of a day for the discussion of such a motion.
• Censure Motion: It should state the reasons for its adoption in the Lok Sabha. It can be moved against an individual minister or a group of ministers or the entire council of ministers. It is moved for censuring the council of ministers for specific policies and actions. If it is passed in the Lok Sabha, the council of ministers need not resign from the office.

Half-an-Hour Discussion

It is meant for discussing a matter of sufficient public importance, which has been subjected to a lot of debate and the answer to which needs elucidation on a matter of fact. The Speaker can allot three days in a week for such discussions.

Short Duration Discussion

It is also known as two-hour discussion as the time allotted for such a discussion should not exceed two hours. The members of the Parliament can raise such discussions on a matter of urgent public importance.

Point of Order

A Member can raise a point of order when the proceedings of the House do not follow the normal rules of procedure. A point of order should relate to the interpretation or enforcement of the Rules of the House or such articles of the Constitution that regulate the business of the House and should raise a question that is within the cognizance of the Speaker.

Special Mention

• A topic that is not a matter of immediate concern or that cannot be brought up during specific time slots like question hour, half-hour discussion, short duration discussion, or under adjournment motion can be raised under special mention in the Rajya Sabha.
• The corresponding procedural mechanism in the Lok Sabha is referred to as 'Notice (Mention) Under Rule 377'.

Resolution

• 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 program began based on a suggestion from the Fourth All India Whips Conference. Its aims are: 
  1.  To familiarize young people with how Parliament works; 
  2.  To instill discipline and tolerance, fostering positive qualities in youth; and 
  3.  To teach students democratic values and provide insight into how democratic systems function. 
•  The Ministry of Parliamentary Affairs supports and guides the states in implementing this program. 

Legislative Procedure in Parliament

The legislative procedure is identical in both the Houses of Parliament. Every bill has to pass through the same stages in each House. A bill is a proposal for legislation and it becomes an act or law when duly enacted.

Bills introduced in the Parliament are of two kinds: 

(i) Public bills
(ii) Private bills (also known as government bills and private members’ bills respectively). 

Though both are governed by the same general procedure and pass through the same stages in the House. 

The bills introduced in the Parliament can also be classified into four categories:

• Ordinary bills, which are concerned with any matter other than financial subjects.
• Money bills, which are concerned with financial matters like taxation.
• Financial bills, which are also concerned with financial matters (but are different from money bills. Constitution amendment bills, which are concerned with the amendment of the provisions of the Constitution.

(a) Ordinary Bills

Every ordinary bill has to pass through the following five stages in the Parliament before it finds a place on the Statute Book:

(i)  First Reading: An ordinary bill can be introduced in either House of Parliament. Such a bill can be introduced either by a minister or by any other member. The member who wants to introduce the bill has to ask for the leave of the House. No discussion on the bill takes place at this stage. Later, the bill is published in the Gazette of India.

(ii) Second Reading: During this stage, the bill receives not only the general but also the detailed scrutiny and assumes its final shape. In fact, this stage involves three more sub-stages, namely, stage of general discussion, committee stage and consideration stage.

Stage a/General Discussion

• Printed copies of the bill are given to all members.
• Basic ideas of the bill and its parts are talked about generally, without diving into specifics.
• At this point, the House can choose from four actions: 
  1. Consider the bill immediately or on a set date.
  2. Send the bill to a select House committee.
  3. Refer the bill to a joint committee of the two Houses.
  4. Circulate the bill to gather public opinion.
• A Select Committee includes members from the House where the bill originated, while a joint committee includes members from both Houses of Parliament.

Committee Stage

• Usually, the bill is sent to a select House committee.
• This committee carefully examines the bill, going through it clause by clause.
• The committee can make changes to the bill's provisions without altering its core principles.
• After thorough scrutiny and discussion, the committee presents the bill back to the House.

Consideration Stage

• After the bill returns from the select committee, the House reviews each clause of the bill separately.
• Each clause is deliberated and voted on individually.
• Members have the option to propose amendments, which, if approved, become part of the bill.

(iii) Third Reading: At this stage, the debate is confined to the acceptance or rejection of the bill as a whole and no amendments are allowed, If the majority of members present and voting accept the bill, the bill is regarded as passed by the House.

(iv) Bill in the Second House: In the second House also, the bill passes through all the three stages, that is, first reading, second reading, and third reading. If the second House passes the bill without any amendments or the first House accepts the amendments suggested by the second House, the bill is deemed to have been passed by both the Houses, and the same is sent to the president for his assent.

(v) Assent of the President: Every bill after being passed by both Houses of Parliament either singly or at a joint sitting, is presented to the president for his assent.
There are three alternatives before the president: 

• He may give his assent to the bill.
• He may withhold his assent to the bill.
• He may return the bill for reconsideration of the Houses.

(b) Money Bills

Article 110 of the Constitution deals with the definition of money bills. 

It states that a bill is deemed to be a money bill if it contains 'only’ provisions dealing with all or any of the following matters:
(i) The imposition, abolition, remission, alteration or regulation of any tax.
(ii) The regulation of the borrowing of money by the Union government.
(iii) The custody of the Consolidated Fund of India or the contingency fund of India, the payment of money into or the withdrawal of money from any such fund.
(iv) The appropriation of money out of the Consolidated Fund of India.
(v) Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure.
(vi) The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money
(vii) Any matter incidental to any of the matters specified above:

• If any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha is final. His decision in this regard cannot be questioned in any court of law or in the either House of Parliament or even the president. When a money bill is transmitted to the Rajya Sabha for recommendation and presented to the president for assent, the Speaker endorses it as a money bill. 
• A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the president. Every such bill is considered to be a government bill and can be introduced only by a minister. After a money bill is passed by the Lok Sabha, it is transmitted to the Rajya Sabha for its consideration. The Rajya Sabha has restricted powers with regard to a money bill. It cannot reject or amend a money bill. It can only make recommendations. It must return the bill to the Lok Sabha within 14 days, whether with or without recommendations. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha. 
• If the Lok Sabha accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form.
  
  

(c) Financial Bills

Financial bills are those bills that deal with fiscal matters, that is, revenue or expenditure. However, the Constitution uses the term financial bill in a technical sense. 

Financial bills are of three kinds:
(i) Money bills-Article 110
(ii) Financial bills (I)-Article 117 (1)
(iii) Financial bills (II)-Article 117 (3)

This classification implies that money bills are simply a species of financial bills. Hence, all money bills are financial bills but all financial bills are not money bills.

Joint Sitting of Two Houses

• Joint sitting is a special way in the Constitution to solve a deadlock between two Houses when they can't agree on passing a bill.
• A deadlock happens when the other House rejects the bill, when there's disagreement on amendments, or when more than six months pass without the bill being approved.
• In such cases, the President can call for both Houses to meet together to discuss and vote on the bill.
• Joint sitting applies to ordinary or financial bills, not money bills or Constitutional amendments.
• If a bill has lapsed due to Lok Sabha dissolution, no joint sitting can happen unless the President has already planned it.
• In a joint sitting, the Speaker of Lok Sabha leads, followed by the Deputy Speaker or Deputy Chairman of Rajya Sabha, or another chosen by the members present.
• One-tenth of all members from both Houses is needed to hold a joint sitting.
• The Lok Sabha usually wins in a joint sitting due to having more members.
• At a joint sitting, new amendments to a bill are generally not allowed, except in cases of final disagreement or delays.
• Since 1950, joint sittings have occurred only three times for specific bills.

Budget in Parliament

The Constitution defines the 'annual financial statement' as the budget. The term 'budget' is not specifically mentioned in the Constitution but is commonly used to refer to the 'annual financial statement' described in Article 112.

What is the budget? It is a statement that outlines the Government of India's projected income and expenses for a financial year, running from 1 April to 31 March of the following year.

What does the budget include?

• Estimates of revenue and capital receipts
• Methods for generating revenue
• Expense estimates
• Details of actual income and spending from the previous financial year, along with explanations for any deficits or surpluses
• Economic and financial plans for the upcoming year, including tax proposals, revenue projections, spending plans, and the introduction of new initiatives.

Merger of Railway Budget

• Till 2017, India's government had two budgets: the Railway Budget and the General Budget.
• The Railway Budget showed money estimates for only the Railways Ministry, while the General Budget covered all other ministries.
• The Railway Budget got separated from the General Budget in 1924 based on the Acworth Committee Report (1921).
• Reasons for this split were: 
  1. To make railway finance more flexible.
  2. To encourage a business-like approach to railway policy.
  3. To ensure stability in general revenues by getting a fixed yearly contribution from railway earnings.
  4. To let railways use their profits for growth after giving a fixed sum to general revenues.
• In 2017, the Central Government combined the Railway Budget with the General Budget, creating one single budget for India, the Union Budget.

Constitutional Provisions

The Constitution of India has rules about making the budget. 

•  Every year, the President must show the money the government plans to get and spend to both Parliament houses. 
•  Money can't be taken from the main fund unless a law says so. 
•  Tax bills must start in the Lok Sabha and need the President's suggestion. 
•  Taxes can only be made legal through laws. 
•  Parliament can reduce or remove taxes but not increase them. 
•  The Rajya Sabha can't deal with money bills or tax bills. 
•  Only the Lok Sabha can decide on money matters. 
•  The Rajya Sabha must return money bills to the Lok Sabha within 14 days. 
•  The budget should show spending from different funds. 
•  The Lok Sabha can change the budget numbers but not increase them. 
•  Changes can't be made to grants in a way that alters the amount or purpose. 
•  The Lok Sabha can give money in advance for part of the year. 

Charged Expenditure

Charged Expenditure: Expenses that are not subject to a vote by Parliament but can be discussed by Parliament include:

• Emoluments and allowances of the President and related expenses.
• Salaries and allowances of the Chairman, Deputy Chairman of the Rajya Sabha, and the Speaker, Deputy Speaker of the Lok Sabha.
• Salaries, allowances, and pensions of Supreme Court judges.
• Pensions of high court judges.
• Salary, allowances, and pension of the Comptroller and Auditor General of India.
• Salaries, allowances, and pension of the chairman and members of the Union Public Service Commission.

Voted Expenditure: Expenses that need approval through a parliamentary vote include:

• Administrative expenses of the Supreme Court, Comptroller and Auditor General's office, and Union Public Service Commission, including salaries, allowances, and pensions of personnel in these offices.
• Debt charges such as interest, sinking fund charges, redemption charges, and other expenses related to loans and debt service and redemption.
• Any amount needed to comply with court judgments, decrees, or awards.
• Any other expenses designated by Parliament for charging.

Stages in Enactment

The budget goes through the following six stages in the Parliament:

I. Presentation of budget.

II. General discussion.

III. Scrutiny by departmental committees.

IV. Voting on demands for grants.

V. Passing of appropriation bill.

VI. Passing of finance bill.

Conventionally, the budget is presented to the Lok Sabha by the finance minister on the last working day of February. Since 2017, the presentation of the budget has been advanced to 1st of February.

The finance minister presents the budget with a speech known as the 'budget speech'.

• Annual Financial Statement
• Demands for Grants
• Finance Bill
• Statements mandated under the FRBM ActZ2b.
• Expenditure Budget
• Receipts Budget
• Expenditure Profile
• Memorandum Explaining the Provisions in the Finance Bill
• Budget at a Glance
• Outcome Budget (Output - Outcome Monitoring Framework)
• Key Features of the Budget
• Implementation of Previous Budget Announcements
• Key to Budget Documents

The Economic Survey used to be presented to the Parliament along with the budget but is now presented one day or a few days before the budget presentation.

• The general discussion on the budget begins a few days after its presentation and takes place in both Houses of Parliament.
• After the general discussion on the budget is over, the Houses are adjourned for about three to four weeks for scrutiny by departmental committees.
• In the light of the reports of the departmental standing committees, the Lok Sabha takes up voting of demands for grants.
• The significance of a cut motion lies in facilitating concentrated discussion on a specific demand for grant.
• The Appropriation Bill becomes the Appropriation Act after it is assented to by the President.
• The Finance Act legalizes the income side of the budget and completes the process of the enactment of the budget.

Other Grants 

• Supplementary Grant: Given when the allocated money for a service in the current financial year is not enough.
• Additional Grant: Provided when there's a need for extra money on a new service not planned in the yearly budget.
• Excess Grant: Offered when more money is spent on a service than allocated in the budget for that year.
• Vote of Credit: Given to meet unforeseen demands on India's resources, acting like a blank check for urgent needs.
• Exceptional Grant: Granted for a unique purpose not part of the usual services for a financial year.
• Token Grant: Given when funds can be shifted to cover new service expenses, involving no extra spending.
• Reappropriation: Transfer of funds from one category to another without additional costs. 
• Regulation: Supplementary, additional, excess, exceptional grants, and vote of credit follow the same process as a regular budget. 

Funds 

The Constitution of India establishes three main funds for the Central government:

Consolidated Fund of India (Article 266)
 It's a fund where all money is received and spent. This includes government revenues, loans, and loan repayments. All government payments are made from this fund according to parliamentary laws.

Public Account of India (Article 266)
 This fund holds public money not included in the Consolidated Fund, like various deposits and remittances. Payments from this account don't need parliamentary approval and are usually like regular banking transactions. 

Contingency Fund of India (Article 267)
 This fund, set up by Parliament through a special law in 1950, is at the President's disposal for unexpected expenses. The President, with the Finance Secretary's help, can use this fund for urgent payments before Parliament approves. 

Multifunctional Role of Parliament

In the 'Indian politico-administrative system', the Parliament holds a central position and has various roles.
It has extensive powers and carries out different tasks to fulfill its constitutionally expected responsibilities. 

 The powers and tasks of the Parliament can be categorized under the following headings: 

1.  Legislative Powers and Functions 
2.  Executive Powers and Functions 
3.  Financial Powers and Functions 
4.  Constituent Powers and Functions 
5.  Judicial Powers and Functions 
6.  Electoral Powers and Functions
7.  Other powers and Functions

 1. Legislative Powers & Functions

• The main role of Parliament is to create rules for running the country. It has the special authority to create rules on certain subjects listed in the Union List and on topics not mentioned in any list.
• Regarding the Concurrent List, Parliament's laws take precedence over state laws in case of a conflict. 
• Under specific circumstances, Parliament can make laws on topics listed in the State List, such as when Rajya Sabha passes a resolution, during a National Emergency, upon joint requests from two or more states, to implement international agreements, treaties, and conventions, and when President's Rule is in effect.
• All ordinances issued by the President during Parliament's recess need approval within six weeks of reconvening; otherwise, they become invalid.
• Parliament creates laws in a basic form and allows the Executive to establish detailed rules and regulations within the scope of the main law. This process is termed delegated legislation or subordinate legislation. These rules are presented to Parliament for review.

2. Executive Powers & Fuctions

• The Constitution of India set up a type of government where the Executive reports to the Parliament for its decisions and actions.
• The Parliament controls the Executive through various means such as question-hour, zero hour, discussions of different durations, and various motions like calling attention, adjournment, no-confidence, and censure.
• The Parliament also oversees the Executive's activities using committees like the one on government assurances, subordinate legislation, and petitions.
• The ministers are answerable to the Parliament as a whole and particularly to the Lok Sabha.
• Each minister is responsible for running their ministry efficiently and stays in office as long as they have the Lok Sabha's confidence.
• The council of ministers can be removed by a no-confidence vote in the Lok Sabha.
• The Lok Sabha can show lack of confidence by various means such as not passing a motion of thanks, rejecting a money bill, passing censure or adjournment motions, defeating the government on a crucial issue, or passing a cut motion.
• Parliament's primary role is seen as selecting and supporting the government as long as it has confidence, and removing it if that confidence is lost, leaving the final decision to the people in the next election.

3. Financial Powers & Functions

• No tax can be imposed or money spent by the Executive without Parliament's approval.
• The budget is presented to Parliament for endorsement, making government spending legal for the upcoming year.
• Parliament oversees government finances through committees like the public accounts committee.
• These committees identify misuse, irregularities, and inefficiency in public spending.
• Parliament's financial control over the Executive occurs in two stages: budgetary control and post-budgetary control.
• The budget follows the annual principle where funds not used by year-end return to the Consolidated Fund of India.
• This 'rule of lapse' ensures Parliament's financial authority as reserve funds cannot be created without its consent.
• Adherence to this rule leads to a rush of spending at the end of the financial year, known as the 'March Rush'.

4. Constituent Powers & Functions

• The Parliament has the authority to change the Constitution by adding, altering, or removing provisions.
• Most parts of the Constitution can be changed by Parliament with a special majority, which means more than half of all members in each House and at least two-thirds of those present and voting.
• Some parts can be changed with a simple majority, which is more than half of members present and voting in each House.
• Only a few provisions can be changed by Parliament with a special majority and the consent of at least half of the State Legislatures with a simple majority.
• However, only Parliament, not the state legislatures, can start the process of amending the Constitution in all cases except for creating or abolishing a legislative council in a state.
• In summary, Parliament can amend the Constitution in three ways: by simple majority, by special majority, or by special majority with the consent of half of all state legislatures.
• Parliament's power to amend the Constitution is not unlimited; it must respect the 'basic structure' of the Constitution. This means Parliament can change any provision except the fundamental elements of the Constitution, according to a ruling by the Supreme Court in the Kesavananda Bharati case in 1973.

5. Judicial Powers & Functions

 The powers and roles of Parliament in the legal system are as follows: 

• It can charge the President if they break the rules of the Constitution.
• It can dismiss the Vice-President from their position.
• It can suggest the removal of judges, including the Chief Justice, from the Supreme Court and high courts, the Chief Election Commissioner, State Election Commissioner, and the Comptroller and Auditor General to the President.
• It can penalize its members or outsiders for violating its privileges or showing disrespect towards it.

6. Electoral Powers & Functions

• The Parliament, along with state legislative assemblies, takes part in choosing the President and also votes for the Vice-President.
• The Lok Sabha selects its Speaker and Deputy Speaker, while the Rajya Sabha picks its Deputy Chairman.
• The Parliament has the power to create laws that govern the elections for the positions of President, Vice-President, members of both Houses of Parliament, and members of state legislatures.
• To achieve this, the Parliament passed laws like the Presidential and Vice-Presidential Elections Act of 1952, the Representation of the People Act of 1950, and the Representation of the People Act of 1951.

7. Other Powers & Functions

  The Parliament has various other powers and roles:

• It acts as the main talking and decision-making body in the country. It talks about important national and international matters.
• It agrees to all three types of emergencies (national, state, financial) declared by the President.
• It can set up or get rid of state legislative councils based on suggestions from state legislative assemblies.
•  It has the authority to adjust state boundaries, sizes, and names within the Indian Union. 
•  It can manage the structure and reach of the Supreme Court and high courts and can establish a shared high court for multiple states.

Ineffectiveness of Parliamentary Control

 The Parliament has various important roles and functions:

• It is the top discussion body in the country, talking about key national and global matters.
• It agrees to all types of emergencies declared by the President.
• It can establish or remove state legislative councils based on recommendations from state assemblies.
• It has the authority to adjust state borders, areas, and names.
• It can manage the structure and reach of the Supreme Court and high courts, and even set up a joint high court for multiple states.
• It examines and authorizes the expenses incurred by the Executive branch.
• There's been an increase in using the 'guillotine' approach, which limits financial oversight.
• The rise of 'delegated legislation' has decreased Parliament's role in crafting detailed laws and empowered bureaucracy.
• Regular ordinances issued by the President weaken Parliament's legislative authority.
• Parliament's oversight is irregular, broad, and largely political in nature.
• The absence of a robust and consistent opposition within Parliament, along with declining parliamentary conduct and ethics, has weakened legislative control over administration in India.

Position of Rajya Sabha

The Constitutional position of the Rajya Sabha (as compared with the Lok Sabha) can be studied from three angles:

• Where Rajya Sabha is equal to Lok Sabha.
• Where Rajya Sabha is unequal to Lok Sabha.
• Where Rajya Sabha has special powers that are not at all shared with the Lok Sabha.

1. Equal Status with Lok Sabha 

In the following matters, the powers and status of the Rajya Sabha are equal to that of the Lok Sabha:

• Introduction and passage of ordinary bills.
• Introduction and passage of Constitutional amendment bills.
• Introduction and passage of financial bills involving expenditure from the Consolidated Fund of India. 
• Election and impeachment of the president.
• Election and removal of the Vice-President.
• Making recommendation to the President for the removal of Chief Justice and judges of Supreme Court and high courts, Approval of ordinances issued by the President.
• Approval of proclamation of all three types of emergencies by the President.
• Selection of ministers including the Prime Minister.
• Consideration of the reports of the constitutional bodies like Finance Commission, Union Public Service Commission, comptroller and auditor general, etc.

2. Unequal Status with Lok Sabha

In the following matters, the powers and status of the Rajya Sabha are unequal to that of the Lok Sabha: 

• A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha.
• Rajya Sabha cannot amend or reject a Money Bill. It should return the bill to the Lok Sabha within 14 days, either with recommendations or without recommendations.
• A financial bill, not containing solely the matters of Article 110, also can be introduced only in the Lok Sabha and not in the Rajya Sabha.
• The final power to decide whether a particular bill is a Money Bill or not is vested in the Speaker of the Lok Sabha.
• The Speaker of Lok Sabha presides over the joint sitting of both the Houses.
• Rajya Sabha can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the Lok Sabha).
• The Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion. This is because the Council of Ministers is collectively responsible only to the Lok Sabha.

3. Special Powers of Rajya Sabha
Due to its federal character, the Rajya Sabha has been given two exclusive or special powers that are not enjoyed by the Lok Sabha: 

1. Legislation on State List: The Rajya Sabha can authorize Parliament to make a law on a subject enumerated in the State List (Article 249).
2. Creation of All-India Services: It can authorize Parliament to create new All-India Services common to both the Centre and states (Article 312).
3. Removal of the Vice-President: Only the Rajya Sabha can initiate a move for the removal of the Vice-President. A resolution for the removal can only be introduced in the Rajya Sabha, not in the Lok Sabha (Article 67).
4. National Emergency Proclamation: If a proclamation for imposing national emergency, President's rule, or financial emergency is issued by the President when the Lok Sabha has been dissolved, or if the dissolution of the Lok Sabha occurs within the approval period, the proclamation can remain effective even if approved only by the Rajya Sabha (Articles 352, 356, and 360).

Analysis of Rajya Sabha's Position

The Rajya Sabha's position in India's constitutional system is stronger than the House of Lords in the British system but not as strong as the Senate in the American system. Except in financial matters and control over the council of ministers, the powers and status of the Rajya Sabha are broadly equal to and coordinate with those of the Lok Sabha.

Utility of Rajya Sabha

Despite having fewer powers than the Lok Sabha, the Rajya Sabha's utility is supported on the following grounds:

1. Legislative Revision: It checks hasty, defective, careless, and ill-considered legislation made by the Lok Sabha by providing for revision and thorough consideration.
2. Representation of Experts: It facilitates giving representation to eminent professionals and experts who cannot face direct elections. The President nominates 12 such persons to the Rajya Sabha.
3. Federal Equilibrium: It maintains the federal equilibrium by protecting the interests of the states against undue interference from the Centre.

Parliamentary Privileges

Meaning

Parliamentary privileges are special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, and their members. These privileges are essential for ensuring the independence and effectiveness of their actions. Without them, the Houses cannot maintain their authority, dignity, and honor, nor protect their members from obstructions in performing their parliamentary duties. The Constitution also extends these privileges to individuals who are entitled to speak and participate in parliamentary proceedings or its committees, including the Attorney General of India and Union ministers. However, these privileges do not extend to the President, who is also an integral part of Parliament.

Classification

Parliamentary privileges are classified into two broad categories:

1. Collective Privileges: Enjoyed by each House of Parliament collectively.
2. Individual Privileges: Enjoyed by the members individually.

Collective Privileges

1. Publication Rights: Each House has the right to publish its reports, debates, and proceedings and can prohibit others from publishing the same. The 44th Amendment Act of 1978 restored the freedom of the press to publish true reports of parliamentary proceedings without prior permission of the House, except in the case of secret sittings.

2. Exclusion and Secret Sittings: Each House can exclude strangers from its proceedings and hold secret sittings to discuss important matters.

3. Rule-Making Authority: Each House can make rules to regulate its own procedure, conduct its business, and adjudicate upon such matters.

4. Punishment for Breach: Each House can punish members and outsiders for breach of its privileges or contempt by reprimand, admonition, or imprisonment. Members can also face suspension or expulsion.

5. Right to Information: Each House has the right to receive immediate information of the arrest, detention, conviction, imprisonment, and release of its members.

6. Inquiries and Witnesses: Each House can institute inquiries, order the attendance of witnesses, and send for relevant papers and records.

7. Judicial Non-Interference: Courts are prohibited from inquiring into the proceedings of a House or its committees.

8. Arrest and Legal Process: No person (member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the presiding officer's permission.

Individual Privileges

1. Freedom from Arrest: Members cannot be arrested during the session of Parliament and 40 days before and after a session. This privilege applies only in civil cases, not in criminal or preventive detention cases.

2. Freedom of Speech: Members have freedom of speech in Parliament and are not liable for any proceedings in any court for anything said or any vote given in Parliament or its committees. This freedom is subject to the provisions of the Constitution and the rules and standing orders regulating parliamentary procedure.

3. Exemption from Jury Service: Members are exempted from jury service and can refuse to give evidence or appear as a witness in a court case when Parliament is in session.

Breach of Privilege and Contempt of the House

1. When any individual or authority disregards or attacks any of the privileges, rights, and immunities of either a member individually or the House collectively, it constitutes a breach of privilege and is punishable by the House.
2. Any act or omission that obstructs a House of Parliament, its members, or its officers in the performance of their functions, or which tends to undermine the dignity, authority, and honor of the House, is treated as contempt of the House.
3. Though the terms 'breach of privilege' and 'contempt of the House' are often used interchangeably, they have different implications. Typically, a breach of privilege may amount to contempt of the House. Conversely, contempt of the House may include a breach of privilege.
4. Contempt of the House has broader implications. There can be contempt without a specific breach of privilege.
5. Actions that are not specific breaches of privilege but are offenses against the dignity and authority of the House also amount to contempt of the House. For example, disobedience to a legitimate order of the House is not a breach of privilege but can be punished as contempt of the House.

Sources of Privileges

1. Originally, the Constitution (Article 105) explicitly mentioned two privileges: freedom of speech in Parliament and the right to publish its proceedings.
2. Regarding other privileges, it stated that they were to be the same as those of the British House of Commons, its committees, and its members on the date of its commencement (January 26, 1950), until defined by Parliament.
3. The 44th Amendment Act of 1978 provided that the other privileges of each House of Parliament, its committees, and its members are to be those which they had on the date of its commencement (June 20, 1979), until defined by Parliament.
4. The amendment made only verbal changes by dropping a direct reference to the British House of Commons without changing the implication of the provision.
5. Parliament has not yet made any special law to exhaustively codify all the privileges. They are based on five sources:
   • Constitutional provisions,
   • Various laws made by Parliament,
   • Rules of both Houses,
   • Parliamentary conventions, and
   • Judicial interpretations.

Sovereignty of Parliament

The Doctrine of 'Sovereignty of Parliament'

The doctrine of 'sovereignty of Parliament' is associated with the British Parliament. Sovereignty means the supreme power within the State. In Great Britain, this supreme power lies with the Parliament. There are no 'legal' restrictions on its authority and jurisdiction.

The then law minister explained that the reference to the British House of Commons was removed from the Indian constitution to avoid referencing a foreign institution in India's own constitutional document.

Parliamentary Supremacy is a cardinal feature of the British constitutional system. According to AV Dicey, a British jurist, this principle has three implications:

1. Legislative Power: The Parliament can make, amend, substitute, or repeal any law. De Lolme, a British political analyst, stated that the British Parliament can do everything except change a man into a woman or vice versa.

2. Constitutional Laws: The Parliament can make constitutional laws using the same procedure as ordinary laws. There is no legal distinction between constituent authority and legislative authority in the British Parliament.

3. Judicial Review: Parliamentary laws cannot be declared invalid by the Judiciary as being unconstitutional. There is no system of judicial review in Britain.

Written Nature of the Constitution: 

• The Constitution is the fundamental law of India, defining the authority and jurisdiction of all three organs of the Union government and their interrelationship.
• The Parliament must operate within the limits prescribed by the Constitution.
• There is a legal distinction between legislative authority and constituent authority.
• To amend the Constitution, ratification by half of the states is required.
• In Britain, the Constitution is unwritten, and there is no fundamental law of the land.

Federal System of Government

• India has a federal system with a constitutional division of powers between the Union and the states. The Parliament's law-making authority is confined to the Union List and Concurrent List, and does not extend to the State List, except under specific conditions.
• Britain has a unitary system where all powers are vested in the Centre.

System of Judicial Review

• India has an independent Judiciary with the power of judicial review.
• The Supreme Court and High Courts can declare laws enacted by the Parliament as void and ultra vires (unconstitutional) if they contravene any provision of the Constitution.
• In Britain, there is no system of judicial review; British Courts apply Parliamentary laws without examining their constitutionality, legality, or reasonableness.

Fundamental Rights

• The Parliament's authority is restricted by the code of justiciable fundamental rights under Part III of the Constitution.
• Article 13 prohibits the State from making laws that abrogate fundamental rights.
• A law that contravenes fundamental rights is void.
• In Britain, there is no codification of justiciable fundamental rights, and the British Parliament has not enacted a charter guaranteeing rights.
• However, there is substantial liberty in Britain due to the Rule of Law.

Conclusion

Despite similarities in nomenclature and organizational patterns, the Indian Parliament is not sovereign in the same way as the British Parliament. The Indian Parliament’s authority and jurisdiction are defined, limited, and restrained. In this regard, the Indian Parliament is similar to the American Legislature (Congress), which also faces legal restrictions due to the written Constitution, federal system of government, system of judicial review, and the Bill of Rights.