The Union Parliament | Legal Reasoning for CLAT PDF Download

Parliament 

The supreme legislature of India is called the Parliament, which has a prominent place in the governance of the country. (The parliamentary form of government is also known as ‘westminister’ model of government. It is known as Parliamentary system because the Parliament has the power to amend the Constitution).
The Parliament consists of the President and two Houses of Parliament (Article 79) known as Council of States (Rajya Sabha) and House of the People (Lok Sabha). While the Lok Sabha represents the people as a whole, the Rajya Sabha represents the States.

Parliament of India

Functions

• To form the government
• To represent the electorate
• To make laws for the nation
• To hold the government accountable for its actions
• To monitor the expenditure out of public funds
• To act as a forum for debate on issues of public interest
• To act as a forum for the expression of grievances
• To seek information from the government
• Appointments to different offices

The President’s Role In Parliament

• The President is a part of the Parliament, though he does not sit in either house.
• Both the houses are however, summoned by him to meet from time to time.
• He can also prorogue the two houses and dissolve the Lok Sabha. Prorogation terminates the session while dissolution puts an end to the life of the house.
• Presidential assent is essential for a bill passed by both the houses to become law. He also has the power to promulgate ordinances having the same effect as a law passed by Parliament, when the

Parliament is not in session. In the Parliament, the President has the right to address the first session after each General Election to the Lok Sabha and the first session in the new year and inform it of the causes of its summons.

He is also empowered to send messages to either House whether regarding a Bill pending in Parliament or otherwise. The bills belonging to certain categories can be introduced with approval or only after recommendation of the President.

The Lok Sabha

Maximum Permissible Strength

550 + 2 [530 – States 20 – Union Territories]

The maximum strength of Lok Sabha envisaged by the Constitution is 552 (up to 530 members to represent the States, up to 20 members to represent the Union Territories and not more than 2 members of the Anglo- Indian Community to be nominated by the President, if, in his opinion, that community is not adequately represented in the House.) The total elective membership is distributed among the States in a way that the ratio between the seats for each State and its population is, as far as practicable, the same for all the States.

The present strength of the Lok Sabha is 545, in which 530 members are represented by the States and 13 members represent the Union Territories, thus making up for 543 members.

Two members are nominated by the President, thus making a total of 545.

Present strength of Lok Sabha – 545

The 91 st Amendment, 2001, extended the freeze on Lok Sabha and State Assembly seats till 2026.

The normal tenure of the Lok Sabha is five years, but it may be dissolved earlier by the President.
The qualifications to become a Lok Sabha member are
1. Citizen of India
2. At least 25 yrs of age
3. Mustn’t hold any office of profit
4. Not of unsound mind/insolvent
5. Registered as voter in any Parliamentary constituency

The presiding officer of Lok Sabha is the Speaker (In his absence Deputy Speaker). 

He is elected by the Lok Sabha MPs. The Speaker continues in office even after the dissolution of the Lok Sabha until a new Lok Sabha meets. Usually the Speaker, after his election, cuts off all connections with his party and acts in an impartial manner. His salary is charged to the Consolidated Fund of India.
If the Speaker wants to resign, he can send his resignation to the Deputy Speaker. Besides, a majority of the total membership can also remove the Speaker after giving a 14 days’ notice. During this time, he doesn’t preside over the meetings. After his removal, he continues in office until his successor takes charge.

Pro Tem Speaker

After the elections to the Lok Sabha, the senior most member of the House is sworn in as a pro tem speaker and later, the Lok Sabha is convened and the newly elected members are sworn in. A pro tem speaker is appointed to administer the oath to the new members and to conduct the elections for Speakership.

Some Facts About Lok Sabha Constituencies 

• Largest constituency (area) -- - Ladakh
• Largest constituency (no. of voters) -- - Outer Delhi
• Smallest constituency (area) -- - Chandni Chowk
• Smallest constituency (no. of voters) -- - Lakshadweep

Leader of Opposition

To be recognized as the official opposition group in Parliament, the party should have at least 10% of the total strength in Lok Sabha.

The Rajya Sabha

The Rajya Sabha was established in 1952.

Maximum Strength

250 [Out of these, the President nominates 12 persons having special knowledge/ experience in literature, science, art and social service].

Currently, the Parliament provides for 233 seats for the States and the Union Territories.

The total membership of the Rajya Sabha is thus 245. All the states and the Union Territories of Delhi and Puducherry are represented in the Rajya Sabha.

The representatives of the States are elected by members of state legislative assemblies on the basis of proportional representation through single transferable vote.
There are no seats reserved for Scheduled Castes and Scheduled Tribes in Rajya Sabha.

Eligibility Conditions

1. Citizen of India

2. 30 yrs of age

3. Be a Parliamentary elector in the state in which he is seeking election.

4. Others as prescribed by parliament from time to time.

A Rajya Sabha MP’s normal term is 6 years and 1/3 rd of its members retire every 2 years.

The Vice President is the ex-officio chairman of the Rajya Sabha. He presides over its proceedings as long as he does not act as President during a vacancy in his office.

A Deputy Chairman is also elected from its members. Any bill can originate in Rajya Sabha except the Money Bill, which can originate in Lok Sabha only.

Special Powers Of The Rajya Sabha

A resolution seeking the removal of the Vice –President can originate only in the Rajya Sabha. A resolution which seeks to legislate on any state subject can only originate in Rajya Sabha (Article 249). If the Rajya Sabha passes a resolution by a majority of not less than two-third of the members present and voting that it is necessary in national interest that the Parliament should make laws regarding a matter in the

State List, the Parliament can make such a law for a maximum of one year. A resolution seeking to create one or more All-India Services can be initiated only in the Rajy Sabha (Article 312).

Parliament Sessions

Summoned at the discretion of the President. The gap between two consecutive sessions cannot exceed 6 months. The Parliament generally convenes three sessions in a year:

1. Budget session: February - May (Longest)

2. Monsoon session: July – August

3. Winter session: November – December (shortest)

Prorogation

Means ending the session. Pending bills/business do not lapse and they are taken up in the next session. For re-assembly, the permission of the President is required.

Dissolution

The President can dissolve the Lok Sabha upon Cabinet recommendation and can call for fresh elections.

Adjournment

The Lok Sabha Speaker or the Rajya Sabha Chairman can adjourn the house. For re-assembly, the permission of the President is not required.

Money Bill

Article 110 defines a money bill. The decision of the speaker is final whether a given bill is money bill or not The money bill is presented in Parliament with the consent of the President. No joint sitting of the Parliament is held for passing the Money Bill, and the Rajya Sabha can only keep it pending for a maximum of 14 days.

The Lok Sabha Dissolution 

Only Of Lok Sabha

• Done by the President on the Prime Minister’s advice.
• The bills pending in the Rajya Sabha, passed by the Lok Sabha, also lapse unless the President calls a joint sitting of the two houses.
• The bills pending in the Rajya Sabha, but not passed by the Lok Sabha, do not lapse.

Parliament’s Control over the Financial System

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

Finance Bill

Every year, the budget is presented in the Lok Sabha by the Finance Minister with the prior approval of the President. This is done under Article 112 and is called the Annual Financial Statement. The Union Budget passed by the Parliament is known as the Finance Bill. "Finance Bill" means the Bill introduced each year to implement the financial proposals of the government in the next financial year. To oppose the bill sometime, the opposition may move a ‘cut motion’ and if the cut motion is passed, the government has to resign as it proves that it no longer enjoys majority on the floor of the house.

The Amendment Procedure

 

Constitutional Amendment 

Under Article 368, the Parliament can amend the Constitution under its constituent powers. However, enough safeguards have been put in place to check any abuse of power.

Parliament cannot amend such provisions which form the basics structure of the constitution as declared by Supreme Court in Keshvananda Bharti case, 1973. Each house must pass the bill separately. In case of a disagreement between the two houses, there is no provision for holding a joint sitting of the two houses. There are three ways in the amendment can be carried out:

Simple Majority

The provisions on citizenship, abolishing or creating second chambers in the states can be amended by a simple majority (Articles 5,168 or 239A).

Second Method

The amendment bill must be passed in each House by a majority of its total membership and by a majority of not less than two-thirds of its members present and voting.

Third Method

However, if the bill seeks to amend a change in Article 54, 55, 73, 162 or 241 and some other Articles, the bill passed by the Parliament must also be ratified by not less than half of the states before it is presented to the President for his assent.

Important Constitutional Amendments

The 1st Amendment, 1951: 

It made provision for special treatment of educationally and socially backward classes, and also added Ninth Schedule to the Constitution to protect the land reforms.

The 7th Amendment, 1956: 

was necessitated on account of reorganization of states on a linguistic basis and changed First and Fourth Schedules.

The 24th Amendment: 

Education made a part of the Concurrent List.

The 36th Amendment: 

Sikkim made a full-fledged state of India. Earlier, it was an associate state of India.

The 42nd Amendment 1976: 

provided supremacy of Parliament and gave primacy to Directive Principles over Fundamental Rights and also added 10 Fundamental Duties. New words - socialist, secular and unity and integrity of the nation, were added to the Preamble.

The 44th Amendment 1978: 

restored the normal duration of Lok Sabha and the power of the government to proclaim internal emergency.

The 52nd Amendment, 1985: 

inserted the Tenth Schedule in the Constitutions regarding provisions on disqualification for defection. This bill was introduced by the government headed by Rajiv Gandhi.

The 61st Amendment, 1989: 

reduced the voting age from 21 to 18 years for Lok Sabha and Assemblies.

The 73rd Amendment, 1993: 

provided for village panchayats, regular panchayat elections etc. Also provided reservation women in panchayats.

The 74th Amendment: 

provided for urban local bodies and regular elections to them.

The 77th Amendment 1995: 

Provision for reservation of SC/ST in promotions.

The 86 th Amendment, 2002: 

deals with the insertion of a new Article 21A after Article 21. The new Article 21A deals with Right to Education and says that the state shall provide free and compulsory education to all children from between 6-14 years in such a manner as the state may, by law determine.

The 89th Amendment, 2003: 

Constitution of separate national commission for SC and ST.

The 93rd Amendment, 2005: 

Special provision forsocially and educationally backward classes or SC or ST in educational institutions including private.

The 99th Amendment, 2014: 

deals with the creation of a National Judicial Appointments Commission, a 5-member advisory club to recommend the names of Judges for the Supreme Court and the High Courts. This body will replace the earlier Collegium system of judicial appointments.

The 100th Amendment - August 1, 2015: 

Amendment of First Schedule to Constitution. Exchange of certain enclave territories with Bangladesh and conferment of citizenship rights to residents of enclaves consequent to signing of Land Boundary Agreement (LBA)Treaty between India and Bangladesh

Parliamentary Committees

The Committee System

• The Committee System has been created to let the members of Parliament discuss and debate the working of a certain government department.
• Most committees function under the Speaker’s directions are essentially committees of the Rajya Sabha and the Lok Sabha.

The committees are classified under two heads:
1. Standing Committees
2. Ad hoc Committees
Ad hoc Committees are created for a temporary period.

The Standing Committees

They are broadly classified into four categories:

• Committees to Enquires,
• Committees to Scrutinize,
• Financial Committee, of Administrative Character
• Committees dealing with provision of facilities to members.

Financial Committees Of The Parliament are:

• Estimates Committee
• Public Accounts Committee
• Committee on Public Undertaking

Apart from these there are around 24 Departmental Related Committees.

Public Accounts Committee

The committee examines Annual Audit Reports of the Comptroller and Auditor General of India (CAG), which are laid before the Parliament by the president. It examines public expenditure not only from legal point of view but also from point of economy, wisdom and propriety.

Estimates Committee

The committee examines the estimates included in the budget and suggests economies in public expenditure.

Committees on Public Undertakings

i. To examine the reports and accounts of public undertakings.

ii. To examine the reports of CAG on public undertakings, etc.