Q. 4. Do you agree that the Rajya Sabha enjoys fewer powers than the Lok Sabha?
Ans. The Rajya Sabha performs a variety of functions, but overall it enjoys fewer powers than the Lok Sabha.
1. Legislative Powers: The Rajya Sabha is an integral part of the Indian Parliament and takes part in the making of laws. Except for Money Bills, any bill may originate in the Rajya Sabha. However, no bill can become a law unless agreed to by both Houses. The Lok Sabha alone cannot pass a bill and send it for the President's assent; both Houses must agree.
When the two Houses disagree on a bill or on amendments, the President may summon a joint sitting of both Houses for deliberation and voting. At a joint sitting, questions are decided by a majority of the members of both Houses present and voting. The decision at a joint sitting is treated as the decision of Parliament. At such a joint sitting, the Speaker of the Lok Sabha presides.
2. Financial Powers: Financial matters place the Lok Sabha in a pre-eminent position. The Rajya Sabha has no substantial power in financial legislation. Money Bills and Financial Bills cannot originate in the Rajya Sabha; the Lok Sabha has the exclusive right to introduce Money Bills. After the Lok Sabha passes a Money Bill and sends it to the Rajya Sabha, the latter may only make recommendations. The Lok Sabha is not bound to accept those recommendations. If the Rajya Sabha does not return a Money Bill within 14 days, the Bill is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha. Thus, the Lok Sabha has complete control over the nation's purse.
3. Control over Executive: The Rajya Sabha does not control the Executive because the Council of Ministers is collectively responsible to the Lok Sabha. This does not mean that the Rajya Sabha has no influence. Some ministers are drawn from the Rajya Sabha. Its members have the right to ask questions and supplementary questions of the Ministers, seek information about government actions and pass resolutions urging particular policies. However, the Rajya Sabha cannot remove the Council of Ministers from office; only the Lok Sabha can do so by passing a vote of no-confidence. The Rajya Sabha may censure the Government, but it cannot dislodge it.
4. Judicial Powers: Like many upper houses elsewhere, the Rajya Sabha has certain judicial functions. The President may be removed by impeachment, and a resolution to impeach may be initiated in either House; such a resolution must be passed by each House by a two-thirds majority of its total membership. Thus, in impeachment of the President the Rajya Sabha shares co-equal powers with the Lok Sabha. In the removal of the Vice-President, a resolution can be moved in the Rajya Sabha, but the Lok Sabha must agree for removal to take effect. The Rajya Sabha has identical powers with the Lok Sabha in the removal of a judge of the Supreme Court or a High Court.
5. Constituent Powers: The Rajya Sabha shares constituent powers with the Lok Sabha. A Bill to amend the Constitution may originate in either House and must be passed in each House by a majority of the total membership and by a two-thirds majority of members present and voting. The Constitution does not provide a mechanism to resolve a deadlock between the two Houses on constitutional amendments.
6. Electoral Powers: The Rajya Sabha's electoral powers include:
(i) The elected members of the Rajya Sabha take part in the election of the President.
(ii) All members (elected and nominated) of the Rajya Sabha take part in the election of the Vice-President.
(iii) The members elect the Deputy Chairman of the Rajya Sabha.
7. Miscellaneous Powers: The Rajya Sabha performs several other functions:
(i) Reports of commissions appointed by the President are considered by both Houses.
(ii) The approval of the Rajya Sabha is necessary for the continuance of a proclamation of emergency in certain cases.
(iii) Every order by the President suspending the enforcement of Fundamental Rights must be laid before each House of Parliament.
8. Special Powers of the Rajya Sabha: The Rajya Sabha has two special and exclusive constitutional powers:
(i) Under Article 249, the Rajya Sabha may, by a resolution passed by a two-thirds majority of members present and voting, declare that it is necessary or expedient in the national interest that Parliament should make laws on any matter in the State List.
(ii) Under Article 312, the Rajya Sabha may, if it passes a resolution by not less than two-thirds of the members present and voting, authorise the creation of one or more All-India Services.
Position of the Rajya Sabha: An analysis of its powers shows that the framers intended the Rajya Sabha to be less powerful and influential than the Lok Sabha. In ordinary legislation it cannot block the Lok Sabha for long because of its smaller numerical strength; it can at most delay an ordinary bill for six months. It has no control over public finances and cannot remove the Government from office. In some respects it is weaker even than some other upper chambers. Some critics call it a secondary chamber.
However, the Rajya Sabha is not merely an appendage of the Lok Sabha. In several matters it enjoys co-equal powers, and in two important respects it has exclusive powers. It also performs useful functions: it offers additional positions, provides further opportunities for debate and assists in resolving certain legislative problems. Historical incidents show that it has defended its privileges strongly when challenged.
Q. 5. Describe the composition and powers of the Lok Sabha. Is there any limitations to its authority?
Or
Discuss the Composition and Functions of Lok Sabha.
Ans. The Lok Sabha is the Lower House of Parliament. It is the popular House because it directly represents the people and is both powerful and central to political activity.
Composition: As per the 31st Amendment the maximum strength of the Lok Sabha is fixed at 547 members, though under the Goa, Daman and Diu Reorganisation Act, 1987 the maximum number of elected members can be 550. The President may appoint two members of the Anglo-Indian community (where considered necessary). Thus, the Lok Sabha may consist of (a) not more than 530 representatives of the States, (b) not more than 20 representatives of Union Territories and (c) not more than two members of the Anglo-Indian community nominated by the President if he considers that community to be under-represented. At present the Lok Sabha consists of 545 members: 530 elected from the States, 13 elected from Union Territories and two nominated by the President.
Election: The members of the Lok Sabha are elected directly by the people. Every citizen of India aged 18 years or above has the right to vote, subject to disqualifications such as unsoundness of mind or conviction for certain offences. Voting is by secret ballot. Normally one member represents a population between 5 to 10 lakhs. The Constitution requires seats to be allotted to each State so that the ratio between population and seats is, as far as practicable, the same for all States. Each State is divided into territorial constituencies so that the ratio between the population of each constituency and the number of seats allotted to it is, as far as practicable, uniform throughout the State. Although separate communal electorates have been abolished, certain seats are reserved for Scheduled Castes and Scheduled Tribes; this system of reservation has been extended from time to time by constitutional amendment.
Term: The life of the Lok Sabha is five years. All members are chosen at the same time. Unlike the Rajya Sabha, which is a continuing body with one-third members retiring every two years, the Lok Sabha is dissolved at the end of its term unless dissolved earlier by the President. The President may dissolve the Lok Sabha before the expiry of its term; for example, the Ninth Lok Sabha had a reduced tenure when it was dissolved early.
Qualifications: To be eligible for election to the Lok Sabha a person must meet the following conditions:
1. He or she must be a citizen of India.
2. He or she must be at least 25 years of age.
3. He or she must not hold an office of profit under the Government of India or any State Government (subject to exceptions prescribed by law).
4. He or she must possess such other qualifications as may be prescribed by Parliament.
5. No person can be a member of both Houses of Parliament simultaneously; if elected to both, the person must vacate one seat. Similarly, one cannot be a member of Parliament and a State Legislature at the same time.
Quorum: The presence of at least one-tenth of the total membership is required for a meeting of the Lok Sabha to proceed. If there is no quorum, the Chair must adjourn the House or suspend the sitting until quorum is present.
Speaker: The Speaker is the presiding officer of the Lok Sabha and is elected by the members from among themselves. The Speaker presides over meetings, maintains order and conducts the business of the House in accordance with its rules. The House also elects a Deputy Speaker, who performs the Speaker's duties in his or her absence.
Privileges: Members of the Lok Sabha enjoy certain privileges:
1. Freedom of speech in the House, so that no suit or prosecution lies for words spoken in the House.
2. Protection from arrest in civil cases during 40 days before the commencement of a session and during the session and 40 days after its conclusion, subject to exceptions; in criminal matters arrest may take place but the Speaker must be informed.
3. Members receive salary and allowances as prescribed.
Powers of the Lok Sabha:
The powers and functions of the Lok Sabha include the following:
1. Legislative Powers: Law-making is a joint function of the Lok Sabha, the Rajya Sabha and the President. Any bill may be introduced in the Lok Sabha. The Rajya Sabha can delay ordinary bills for up to six months, and in case of disagreement a joint sitting may be called where the larger numerical strength of the Lok Sabha usually ensures the passage of bills according to its majority.
2. Financial Powers: The Lok Sabha controls the finances of the State. All Money Bills must be introduced in the Lok Sabha. If there is a dispute whether a bill is a Money Bill, the Speaker's decision is final. After passage by the Lok Sabha, a Money Bill is sent to the Rajya Sabha, which can only make recommendations and must return it within 14 days; otherwise it is deemed passed. The President cannot withhold assent to a Money Bill on the ground of disagreement with the House.
3. Control over the Executive: The Lok Sabha controls the Executive. The leader of the majority party in the Lok Sabha becomes the Prime Minister. Most ministers are drawn from the Lok Sabha. The Cabinet is collectively responsible to the Lok Sabha. Members question ministers, criticise government policy and, if the Lok Sabha passes a vote of no-confidence, the Cabinet must resign.
4. Judicial Powers: The Lok Sabha can initiate impeachment proceedings against the President. It also participates in examining charges against the Vice-President and, together with the Rajya Sabha, passes resolutions for the removal of judges of the High Courts or the Supreme Court.
5. Electoral Functions: The Lok Sabha participates in the election of the President and the Vice-President. The Lok Sabha also elects the Speaker and Deputy Speaker from among its members.
6. Amendment in the Constitution: Constitutional amendment bills may be introduced in the Lok Sabha; in this area the Lok Sabha has powers equal to those of the Rajya Sabha.
7. Miscellaneous Functions: Other functions of the Lok Sabha include:
(i) Approval of ordinances issued by the President.
(ii) Approval required for continuance of a proclamation of emergency in certain circumstances.
(iii) Power to pass resolutions for abolishing or reconstituting the Upper Chamber of a State Legislature where constitutionally permitted.
(iv) Power to punish for breach of its privileges and take action against members or non-members for contempt.
(v) Consideration of reports of constitutional bodies such as the Union Public Service Commission, the Comptroller and Auditor General and the Finance Commission.
Position of the Lok Sabha: The Lok Sabha is the most important chamber of Parliament because it is directly elected and represents the nation. It controls ordinary and money bills and holds supreme control over the Cabinet. No bill can be passed against its wishes, and it can remove the Government by a vote of no-confidence or by rejecting the budget. For these reasons the Lok Sabha is the central and most powerful organ of parliamentary democracy in India.
