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

The Lok Sabha, also known as the House of the People, is the lower house of the Indian Parliament. It represents the citizens of India and plays a vital role in the legislative process. 

Maximum Permissible Strength

According to the Constitution, the Lok Sabha can have a maximum of 552 members:

• Up to 530 members from States
• Up to 20 members from Union Territories
• The President can nominate not more than 2 members from the Anglo-Indian Community if they are not adequately represented.
• This distribution aims to keep the ratio of seats to population consistent across all States.
• Currently, the Lok Sabha has 545 members:
  • 530 from States
  • 15 from Union Territories
• The President nominates two members, maintaining a total of 545 members.
• The 91st Amendment in 2001 frozen the number of Lok Sabha and State Assembly seats until 2026.
• The usual term of the Lok Sabha is five years, but it can be dissolved earlier by the President.

Qualifications to be a Lok Sabha Member

• Must be a citizen of India
• At least 25 years of age
• Must not hold any office of profit
• Must not be of unsound mind or insolvent
• Must be registered as a voter in any Parliamentary constituency

Speaker of the Lok Sabha

• The Lok Sabha is presided over by the Speaker, or the Deputy Speaker in their absence.
• The Speaker is elected by the Members of Parliament (MPs) in the Lok Sabha.
• The Speaker remains in office even after the Lok Sabha is dissolved, until a new session begins.
• After being elected, the Speaker usually quits their political party to ensure impartiality.
• The Speaker's salary is paid from the Consolidated Fund of India.
• If the Speaker wants to resign, they can submit their resignation to the Deputy Speaker.
• A majority of members can remove the Speaker with 14 days' notice.
• During removal proceedings, the Speaker does not preside over meetings.
• After being removed, the Speaker continues in their role until a successor is appointed.

Pro Tem Speaker

• After the Lok Sabha elections, the most senior member of the House is appointed as the pro tem speaker.
• The pro tem speaker is responsible for administering the oaths to new members and overseeing the elections for the Speakership.
• Once the pro tem speaker is sworn in, the Lok Sabha is convened, and the newly elected members take their oaths.

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

For a party to be recognized as the official opposition group in Parliament, it must secure at least 10% of the total Lok Sabha seats.

The Rajya Sabha

The Rajya Sabha, also known as the Council of States, is the upper house of India's Parliament. It was established in 1952 and plays a crucial role in the legislative process.

Maximum Strength

• The Rajya Sabha has a maximum strength of 250 seats.
• The President of India nominates 12 members with special knowledge or experience in fields such as literature, science, art, and social service.
• Currently, there are 238 seats filled, with 233 seats allocated for the States and Union Territories.
• All states and the Union Territories of Delhi and Puducherry are represented in the Rajya Sabha.
• Representatives from the States are elected by members of state legislative assemblies using proportional representation and the single transferable vote system.
• While there are no directly reserved seats for Scheduled Castes (SC) and Scheduled Tribes (ST) in the Rajya Sabha, they are represented through the election process of state legislative assemblies.

Eligibility Criteria for Rajya Sabha Members

• Age Requirement: Candidates must be at least 30 years old.
• Electoral Qualification: Candidates must be parliamentary electors in the state where they wish to contest.
• Additional Criteria: Parliament may set other criteria from time to time.

Term Duration:. Rajya Sabha Member of Parliament (MP) usually serves a term of six years. However, one-third of the members retire every two years, ensuring a rotation within the house.

Role of the Vice President: The Vice President of India serves as the ex-officio chairman of the Rajya Sabha. They are responsible for presiding over the proceedings of the house unless they are acting as President during a vacancy.

Deputy Chairman: The Deputy Chairman of the Rajya Sabha is elected from among the members of the house.

Bill Introduction: Any bill can be introduced in the Rajya Sabha, except for a Money Bill. Money Bills can only be introduced in the Lok Sabha.

Special Powers Of The Rajya Sabha

• Removal of Vice-President: Only the Rajya Sabha can initiate a resolution to remove the Vice-President of India.
• Legislation on State Subjects: The Rajya Sabha is the only house where a resolution to legislate on any state subject, as per Article 249 of the Constitution, can begin.
• National Interest Resolutions: If the Rajya Sabha passes a resolution with a two-thirds majority of the members present and voting, it indicates that the matter is in the national interest. This allows Parliament to make laws on subjects in the State List for a maximum of one year.
• All-India Services:. resolution to create one or more All-India Services can only be initiated in the Rajya Sabha, as per Article 312 of the Constitution.

Parliament Sessions

Parliament sessions are convened by the President to ensure the timely enactment of laws. There must not be a gap of more than six months between two sessions. Typically, Parliament has three scheduled sessions each year, although this can change based on necessity:

• Budget session: February - May (Longest)
• Monsoon session: July – August
• Winter session: November – December (Shortest)

Prorogation

Prorogation refers to the conclusion of a session. Pending bills and business do not disappear; they will be addressed in the next session. The President's approval is required to reconvene.

Dissolution of Lok Sabha

The President has the authority to dissolve the Lok Sabha and call for new elections, but this action is based on a recommendation from the Cabinet.

Adjournment of House

The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha has the power to adjourn the house. When it comes to reconvening, there is no need for the President's approval.

Money Bill

• Definition:. Money Bill is defined in Article 110 of the Constitution.
• Speaker's Authority: The decision on whether a bill is a Money Bill rests with the Speaker of the Lok Sabha and is final.
• Presidential Consent:. Money Bill can only be introduced in Parliament with the consent of the President.

Rajya Sabha's Role:

• Recommendations Only: The Rajya Sabha can make recommendations regarding a Money Bill but cannot amend it.
• No Joint Sitting: There is no joint sitting of Parliament to pass a Money Bill.
• Time Limit: The Rajya Sabha can hold a Money Bill for a maximum of 14 days.

The Lok Sabha Dissolution 

• 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

• The Finance Bill is a crucial annual document that outlines the government's financial plans for the upcoming fiscal year.
• It is presented in the Lok Sabha by the Finance Minister, with the prior approval of the President, as per Article 112 of the Constitution. This presentation is part of the Annual Financial Statement, which forms the basis of the Union Budget.
• The Finance Bill is essentially the approved Union Budget by Parliament. It signifies the government's intent to implement its financial strategies, including revenue generation and expenditure plans.
• During the discussion of the Finance Bill, the opposition may introduce a 'cut motion' to express dissent or opposition to specific aspects of the bill.
• If a cut motion is successful, it can indicate a loss of majority for the government in the Lok Sabha and may pressure the government to resign.

The Amendment Procedure

• Article 368 empowers Parliament to amend the Constitution as a constituent body.
• However, there are safeguards to prevent misuse, ensuring that provisions part of the basic structure cannot be altered.
• This principle was established by the Supreme Court in the Kesavananda Bharati case (1973).
• Amendments must be passed separately by each house of Parliament.
• There is no provision for a joint sitting if the two houses disagree on the amendment.
• Amendments can be made in three different ways, depending on the nature of the change proposed

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

• In this method, the amendment bill must receive approval from a majority of the total membership in each House of Parliament.
• Additionally, at least two-thirds of the members present and voting in each House must agree to the bill for it to be passed.

Third Method

• This method applies to bills seeking to amend specific Articles such as 54, 55, 73, 162, 241, and others.
• For these bills, approval from more than half of the state legislatures is required before the bill is sent to the President for his assent.

Important Constitutional Amendments

1st Amendment Act, 1951

• Empowered the State to make special provisions for socially and educationally backward classes.

• Introduced the Ninth Schedule to shield land reform laws from judicial review.

7th Amendment Act, 1956

• Facilitated the reorganization of states based on linguistic lines.

• Modified the First and Fourth Schedules relating to states and allocation of seats in the Rajya Sabha.

24th Amendment Act, 1971

• Made it mandatory for the President to assent to Constitutional Amendment Bills.

• Affirmed Parliament’s power to amend any part of the Constitution, including Fundamental Rights.

36th Amendment Act, 1975

• Granted full-fledged statehood to Sikkim.

• Included Sikkim as the 22nd state in the First Schedule of the Constitution.

42nd Amendment Act, 1976

• Gave precedence to Directive Principles of State Policy over Fundamental Rights.

• Inserted the words Socialist, Secular, and Unity and Integrity of the Nation into the Preamble.

• Added ten Fundamental Duties for citizens.

• Increased the term of Lok Sabha and State Assemblies from 5 to 6 years (later reversed by 44th Amendment).

44th Amendment Act, 1978

• Restored the original term of the Lok Sabha and State Assemblies to five years.

• Made it more difficult to declare an internal emergency by requiring written advice from the Cabinet.

52nd Amendment Act, 1985

• Introduced the Tenth Schedule (Anti-Defection Law) to curb political defections.

• Provided for disqualification of legislators on grounds of defection from their political party.

61st Amendment Act, 1989

• Lowered the voting age in elections from 21 to 18 years.

• Aimed to increase youth participation in the democratic process.

73rd Amendment Act, 1992

• Granted constitutional status to Panchayati Raj Institutions.

• Mandated regular elections, reservation for SCs/STs and women, and establishment of State Election Commissions.

74th Amendment Act, 1992

• Provided constitutional recognition to Urban Local Bodies like municipalities and municipal corporations.

• Ensured democratic decentralization and regular elections to urban bodies.

77th Amendment Act, 1995

• Allowed reservations in promotions in public employment for SCs and STs.

• Was introduced to nullify the Supreme Court’s ruling in Indra Sawhney case (1992).

86th Amendment Act, 2002

• Inserted Article 21A to make free and compulsory education a fundamental right for children aged 6 to 14.

• Modified Article 45 and added a Fundamental Duty under Article 51A(k) for parents to educate their children.

89th Amendment Act, 2003

• Bifurcated the National Commission for SCs and STs into two separate commissions.

• Aimed to strengthen institutional support for SCs and STs.

93rd Amendment Act, 2005

• Allowed the State to make special provisions for socially and educationally backward classes in educational institutions.

• Enabled reservations in private unaided institutions (except minority institutions).

99th Amendment Act, 2014

• Provided for the establishment of the National Judicial Appointments Commission (NJAC).

• Aimed to make the process of judicial appointments more transparent, replacing the Collegium system (later struck down by Supreme Court in 2015).

100th Amendment Act, 2015

• Implemented the Land Boundary Agreement between India and Bangladesh.

• Facilitated the exchange of 162 enclaves and granted citizenship to residents in the transferred territories.

Parliamentary Committees

•  Parliamentary committees enable detailed scrutiny of government activities, legislation, and expenditure, compensating for the limited time in Parliament sessions.

• Constitutional Basis: Article 118 allows each House to make rules for its procedure, enabling committee formation. Committees operate under the Speaker (Lok Sabha) or Chairman (Rajya Sabha).

• Classification:
  1. Standing Committees: Permanent, reconstituted periodically.
  2. Ad Hoc Committees: Temporary, formed for specific purposes (e.g., reviewing a bill or inquiry).

Types of Standing Committees

Standing Committees are categorized based on their functions:

1. Committees to Inquire: Investigate specific issues (e.g., Committee on Petitions, Committee on Privileges).

2. Committees to Scrutinize: Review legislation and policies (e.g., Departmentally Related Standing Committees).

3. Financial Committees: Oversee government expenditure and financial accountability.

4. Administrative Committees: Manage parliamentary facilities and member services (e.g., House Committee).

5. Others: Include committees like the Business Advisory Committee and Rules Committee.

Key Financial Committees

 Public Accounts Committee (PAC)

• Composition: 22 members (15 Lok Sabha, 7 Rajya Sabha), elected annually via proportional representation. Chaired by an opposition member (convention).
• Functions:
  1. Examines CAG’s Annual Audit Reports laid before Parliament by the President.
  2. Scrutinizes public expenditure for legality, economy, efficiency, and propriety.
  3. Identifies financial irregularities and suggests corrective measures.
• Significance: Ensures accountability of the Executive to Parliament.
• Key Limitation: Cannot examine policy decisions; focuses on implementation.

Estimates Committees

• Composition: 30 members (all from Lok Sabha), elected annually via proportional representation.
• Functions:
  1. Examines budget estimates to suggest economies in public expenditure.
  2. Recommends efficient resource allocation without altering policy.
  3. Suggests alternative policies to improve efficiency.
• Significance: Enhances fiscal discipline and resource optimization.

Committee on Public Undertakings (COPU)

• Composition: 22 members (15 Lok Sabha, 7 Rajya Sabha), elected annually.

• Functions
  1. Examines reports and accounts of Public Sector Undertakings (PSUs).
  2. Reviews CAG reports on PSUs for financial performance and compliance.
  3. Ensures PSUs operate efficiently and align with public interest.

• Significance: Monitors performance of government-owned enterprises.

Departmentally Related Standing Committees (DRSCs)

• Number: 24 committees (16 under Lok Sabha, 8 under Rajya Sabha), covering all ministries/departments.

• Composition: Up to 31 members (21 Lok Sabha, 10 Rajya Sabha), nominated by Speaker/Chairman.

• Functions

• 1. Scrutinize ministry budgets, policies, and legislation.
  2. Review Demands for Grants and suggest improvements.
  3. Examine bills referred by the House or presiding officer.

• Significance: Enables specialized oversight of government departments, reducing Parliament’s workload.

Ad Hoc Committees

• Nature: Temporary, formed for specific tasks and dissolved after completion.

• Types
  1. Select/Joint Committees: Formed to examine specific bills (e.g., Select Committee on a Bill).
  2. Inquiry Committees: Investigate particular issues (e.g., Joint Committee on Bofors Scandal).

• Examples: Committee on Food Management, Committee on Specific Bills.