Cheat Sheet: Union & State Legislature

1. Parliament of India

1.1 Constitutional Provisions

1.2 Membership Qualifications and Disqualifications

1.2.1 Qualifications (Article 84)

• Citizen of India
• Age: 30 years for Rajya Sabha; 25 years for Lok Sabha
• Possess other qualifications prescribed by Parliament
• Must be an elector in any parliamentary constituency

1.2.2 Disqualifications (Article 102)

• Holds office of profit under Government of India or State (except Minister or exempted office)
• Of unsound mind (declared by competent court)
• Undischarged insolvent
• Not a citizen of India or has voluntarily acquired citizenship of foreign state
• Disqualified under Tenth Schedule (defection)
• Disqualified under any law made by Parliament

1.2.3 Tenth Schedule - Anti-Defection Law (52nd Amendment, 1985)

1.3 Officers of Parliament

1.4 Sessions and Procedures

1.4.1 Sessions (Article 85)

• Maximum gap between two sessions: 6 months
• Sessions: Budget (February), Monsoon (July-August), Winter (November-December)
• President summons and prorogues Parliament

1.4.2 Quorum (Article 100)

• 1/10th of total membership of each House
• No quorum: Speaker/Chairman may adjourn or suspend meeting

1.4.3 Voting

• Ordinary matters: Simple majority of members present and voting
• President/Chairman does not vote in first instance; casting vote in case of tie
• Voice vote, division, or electronic voting system

2. Legislative Powers and Procedures

2.1 Distribution of Legislative Powers (Seventh Schedule)

2.2 Types of Bills

2.3 Passage of Ordinary Bill

• First Reading: Introduction and publication
• Second Reading: General discussion, clause-by-clause consideration, amendments
• Third Reading: Final debate and passing
• Transmission to other House for same procedure
• If disagreement: Joint Sitting (Article 108) - Speaker presides, decision by simple majority
• President's assent required (Article 111) - may return non-money bill once for reconsideration

2.4 Money Bill Certification (Article 110)

2.4.1 Matters Only in Money Bill

• Imposition, abolition, remission, alteration, regulation of any tax
• Regulation of borrowing of money by Government of India
• Custody and withdrawal of money from Consolidated Fund of India or Contingency Fund of India
• Appropriation of money from Consolidated Fund of India
• Declaration or increase of expenditure charged on Consolidated Fund of India
• Receipt of money on account of Consolidated Fund or Public Account, or custody/issue of such money
• Matters incidental to above

2.4.2 Procedure

• Speaker certifies whether bill is Money Bill
• Speaker's decision final (not subject to judicial review - established in case law)
• Rajya Sabha cannot reject or amend Money Bill; can only recommend within 14 days
• No joint sitting for Money Bill

2.5 Special Legislative Procedures

3. Parliamentary Privileges and Immunities

3.1 Constitutional Provisions

3.2 Individual Privileges

• Freedom of speech in Parliament (Article 105(2))
• Freedom from arrest in civil cases 40 days before, during, and 40 days after session
• Exemption from jury duty
• Freedom to refuse to give evidence in court regarding parliamentary proceedings

3.3 Collective Privileges

• Right to publish debates and proceedings
• Right to exclude strangers from proceedings
• Right to regulate internal procedures
• Right to punish members and outsiders for breach of privilege and contempt
• Right to receive immediate information of arrest/detention of member

3.4 Limitations on Privileges

• Defamation Act, 1996 and Criminal Procedure Code apply outside Parliament
• Parliamentary Proceedings (Protection of Publication) Act, 1977 protects bona fide publication
• Judicial review limited to examining whether privilege exists, not extent
• Criminal charges not covered by freedom from arrest privilege

4. Parliamentary Committees

4.1 Standing Committees

4.2 Ad Hoc Committees

• Select Committee: Constituted by one House to examine particular bill
• Joint Committee: Members from both Houses to examine particular bill or matter
• Inquiry Committee: Investigates specific matters

4.3 Other Important Committees

5. State Legislature

5.1 Constitutional Provisions

5.2 Legislative Council Composition (Article 171)

5.3 Qualifications and Disqualifications

5.3.1 Qualifications (Article 173)

• Citizen of India
• Age: 30 years for Legislative Council; 25 years for Legislative Assembly
• Possess other qualifications prescribed by Parliament
• Must be an elector in any constituency in the State

5.3.2 Disqualifications (Article 191)

• Same grounds as Parliament under Article 102
• Tenth Schedule applies to State Legislatures
• Disqualification decided by Governor on Election Commission's opinion (Article 192)

5.4 Officers of State Legislature

5.5 Legislative Procedure in States

5.5.1 Types of Bills

• Ordinary Bill: Can be introduced in either House (bicameral state)
• Money Bill: Only in Legislative Assembly; Council can recommend within 14 days
• Financial Bill: Involves expenditure or taxation

5.5.2 Passage of Bills (Articles 196-201)

• In bicameral state: If disagreement, Assembly view prevails after 3 months or after second rejection by Assembly
• No joint sitting provision for State Legislature
• Governor may assent, withhold assent, or reserve bill for President's consideration (Article 200)
• President may assent or withhold assent to reserved bill (Article 201)

5.6 Special Provisions

6. Financial Procedures

6.1 Budget and Financial Bills (Articles 112-117)

6.2 Charged and Voted Expenditure

6.2.1 Charged Expenditure (Article 112(3))

• Not subject to vote but only discussion in Parliament
• Includes: Salary of President, Chairman and Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of Lok Sabha
• Salaries of judges of Supreme Court and High Courts
• Debt charges for which Government of India is liable
• Salary and allowances of CAG, Union Public Service Commission Chairman and members
• Any sum to satisfy court judgment or award

6.2.2 Voted Expenditure

• All other expenditure from Consolidated Fund subject to vote
• Lok Sabha has exclusive power to vote demands for grants
• Rajya Sabha cannot vote on demands but can discuss

6.3 Financial Procedure in States

7. Parliamentary Control Over Executive

7.1 Mechanisms of Control

7.2 Legislative Debates and Resolutions

• Discussions on President's Address (Article 87)
• Short Duration Discussion (Rule 193): On matter of public importance under 2.5 hours
• Motions on matter of public importance
• Resolutions expressing opinion on policy matter

7.3 Financial Control

• Control through budget approval and appropriation
• Cut motions: Policy cut, economy cut, token cut
• Parliamentary committees examine financial matters (PAC, Estimates Committee, Public Undertakings Committee)
• CAG reports examined by Parliament

8. Special Legislative Powers

8.1 Parliament's Exclusive Powers

8.2 State Legislature's Powers

• Exclusive power to legislate on State List subjects (Article 246(3))
• Can legislate on Concurrent List subjects subject to Parliamentary supremacy (Article 254)
• Can request Parliament to legislate on State List subjects (Article 252)
• Can pass resolution for creation or abolition of Legislative Council (Article 169)

8.3 Doctrine of Colourable Legislation

• Legislature cannot do indirectly what it cannot do directly
• If legislature lacks competence to legislate on subject, cannot legislate under guise of another subject within its competence
• Courts examine pith and substance of legislation to determine true nature and object

8.4 Delegated Legislation

• Legislature delegates power to executive to make rules and regulations
• Parent Act provides guidelines and limits for delegated legislation
• Excessive delegation without guidance unconstitutional
• Delegated legislation subject to parliamentary control through laying on table and scrutiny

9. Joint Machinery and Procedures

9.1 Joint Sitting of Parliament (Article 108)

9.2 Joint Parliamentary Committees

• Constituted for examining bills or investigating matters
• Members from both Lok Sabha and Rajya Sabha
• Chairman appointed by Speaker/Chairman of either House
• Report submitted to both Houses

9.3 Parliamentary Forums

• Parliamentary Forum on Water Conservation and Management
• Parliamentary Forum on Children
• Parliamentary Forum on Global Warming and Climate Change
• Parliamentary Forum on Youth

10. Emergency Provisions and Legislature

10.1 Effect on Legislature

10.2 Parliamentary Approval for Emergency

• National Emergency: Must be approved by both Houses within 1 month by special majority
• President's Rule: Must be approved by both Houses within 2 months by simple majority
• Financial Emergency: Must be approved by both Houses within 2 months
• Can be revoked by Lok Sabha passing resolution by simple majority (44th Amendment)

11. Limitations on Legislative Powers

11.1 Constitutional Limitations

11.2 Judicial Review

• Courts can examine legislative competence (whether legislature had power to make law)
• Courts can examine violation of Fundamental Rights
• Courts cannot question wisdom or policy of legislation
• Presumption of constitutionality of statute
• Article 212: Validity of proceedings in State Legislature not to be questioned on grounds of irregularity of procedure
• Courts cannot interfere with internal proceedings but can examine if Constitutional requirements met

11.3 Parliamentary Sovereignty vs. Constitutional Supremacy

• India follows constitutional supremacy, not parliamentary sovereignty
• Parliament is supreme within constitutional limits
• Constitution is supreme law; all laws must conform to it
• Judiciary acts as guardian of Constitution through power of judicial review