The Parliament of India – Notes

the-parliament-of-india

 

Indian Constitution provides for the Parliamentary form of government in which the Parliament is not supreme but the Constitution is supreme. Parliament of India consists of three organs president the council of state (the Rajya sabha) and the house of the people (the Lok Sabha) president is not a member of either House of parliament yet he is an integral part of parliament.

Parliament of India is as it has two House:

  • The Rajya Sabha
  • The Lok Sabha



The Rajya Sabha or the council of state is the upper house of the Parliament

Composition: Article 80(1). The maximum membership is fixed at 250 of whom 12 shall be nominated by the president from among those who have special knowledge or practical experience of such matters as literature, science, art, and social services, and the remaining 238 shall be representative of the state and the union territories.
The representative of state are elected by the members of the legislative assemblies in accordance with the system of proportional representation by means of the single transferable
The representative of the Union territories is chosen in such a manner as parliament May by law determine.
The allocation of seats to each state or Union territory and the number of seats allocated to each in the Rajya Sabha are specified in the fourth schedule.

Dissolution: The Rajya Sabha is a continuing body and is not subject to dissolution(Article 83) its member is elected for a period of 6 years but one-third of its member relative after every 2 years.

Qualification

  • Must be a citizen of India
  • Not less than 30 years of age
  • Must possess such other qualification as may be prescribed by parliament.
  • Must have taken and other before some person authorized in that behalf by the election commission.
  • He should be a person of sound mind.



Utility

  • The Rajya Sabha is a house where the state is represented keeping with the federal principle.
  • The Rajya Sabha acts as a revising house.
  • The Lok Sabha is a popular house its member are directly elected by the people.

The Lok Sabha: It is a popular house its member are directly elected by the people.

Composition: According to article 81, the maximum number of its membership is fixed at 550 out of whom not more than 530 are elected by the votes in the state, not more than 20 to represent the union territory.

Dissolution: According to article 83(2), the of Lok Sabha is 5 years but the president may dissolution it’s even earlier

Qualification

  • A citizen of India
  • Not less than 25 years of age
  • Processing such other qualification as may be prescribed by parliament
  • He should take an oath before a person authorized by the election commission for this purpose he shall be a person of sound mind




Disqualification

  • If he holds any office of profit
  • If he is of unsound mind and a competent court has declared him to be so.
  • If he is under change solvent
  • He is not a citizen of Indian on has volunteer acquired the citizenship of a foreign state
  • If he is so disqualified under any law made by Parliament for then purpose Parliament has prescribed the necessary disqualification in the representation of People Act 1951.

Speaker and Deputy Speaker: The Lok Sabha election two of its member as a speaker and deputy speaker when the office of the speaker is vacant the deputy speaker performs the deputy of the speaker. The speaker is the chief officer of the Lok Sabha he provides over its sitting and controls its working.

Different between Lok Sabha and Rajya sabha

  1. Capacity – maximum capacity of the Lok Sabha is 550 whereas the maximum capacity of Rajya Sabha is 250.
  2. Nature – Rajya Sabha is a continuous body while the Lok Sabha is not.
  3. Term – Term of Lok Sabha is 5 years but it can be dissolute earlier or can be extended more whereas the term of Rajya Sabha is 6 year.
  4. Election – the election of the Lok Sabha is direct whereas election of the Rajya Sabha is indirect.
  5. Controlling authority – the controlling authority of the Lok Sabha is a speaker whereas the vice president is ex-officer Chairman of the Rajya Sabha.
  6. Age – for the Lok Sabha member must have completed 25 years but for Rajya Sabha must have completed 30 years of age.
  7. Money bill – A money bill can only be introduced in the Lok Sabha The Rajya Sabha has no power in respect of money bill.

Functions of The Parliament: Parliament is a deliberative and legislative body its function is different as under:

  1. Legislature
  2. Control of public finance
  3. Deliberation and discussion
  4. Control of Executive
  5. Removal of the certain high officer and the constitution function.
  6. The most important function of the Parliament in the making of the law of the legislative procedure is initiated in the form of a bill the social and economic problem is changing constantly that demand new laws and hence Parliament spends a good deal for its time on legislative activity.



Ordinary Bills: An ordinary bill is a bill other than money bill and the financial bill may be introduced in either house of the Parliament. it becomes an act when it is passed by both houses and is accented by the president.

Procedure: The procedure of passage of the bill in a house is contained in the rules of procedure of each house. According to a procedure of a house, a bill has to pass through three-stage commonly known as reading:

  1. Frist reading – at the first stage the bill is introduced in the house this is introduction bearing at this stage no discussion taken place.
  2. Second reading – the second is the consideration stage when the bill is discussed clause by clause. At this stage, amendments maybe move.
  3. Third reading – at the third stage a brief general discussion of the bill takes place and the bill is finally passed when the bill is passed by one house it is sent to other houses where are similar procedure is repeated.
    if there is any disagreement between the house over any bill the bill cannot be the demand to have been passed if the two houses do not agree a deadlock is created to resolve such a deadlock the constitution provides the method of a joint sitting of the house.

The joint session: According to article 108 when a Bill passed by one house and sent to other houses:

  1. Is rejected by the house
  2. The house disagreed as the amendment to be made in the bill.
  3. The other house does not pass the bill and more than 6 months have passed the president may summon of the joint session of both the house.

The president, however, cannot summon a joint sitting of the bill in question have lapsed by reason of a dissolution of the Lok Sabha if the dissolution has taken place after the president has notified his intention of summoning a joint sitting such sitting will be held notwithstanding the dissolution.

If at the joint sitting of the two houses the bill is passed by a majority of the total number of members of both house present and voting it shall be the demand to have been passed by both the house – Article 108(4) at a joint sitting of two houses, No new amendment shall be proposed in the bill except such which are made necessary by the delay in the passing of the bill if at all any amendments are necessary the decision of the presiding officer will be final Article 108(4)(b). At a joint sitting of two houses the speaker of the Lok Sabha or in his absence such person as may be determined by rules of procedure presided – Article 118(4).



President’s assent: No bill can become law without the assent of the president even if it has been passed by both House of Parliament article 111 says that when a bill has been passed by both houses of Parliament it is sent to the president for his assent. The president may either:

  1. Give his assent to the bill
  2. He may withhold his assent
  3. He may return a bill if it is not a money bill to the house for reconsideration with or without a message suggesting such amendment as he may recommend when a bill is so returned, the house shall reconsider the bill and if it is passed again by the house with or without amendment and presented to the president for assent the president shall not withhold assent therefrom if the president refuses to give his assent to a bill he has exercised the and the bill will be dead.

Money bill: Article 110(1) defined that a money bill is a bill which contains the only provider with respect to all or any of the following matters:

  1. The imposition, abolition, remission, alternative or regulations of any tax.
  2. The regulations of the borrowing of money.
  3. The CIA of the consolidation fund or the contingency fund, the payment or withdrawal of money from such fund.
  4. The appropriation of money out of the consolidated fund of India.
  5. The declaring of any expenditure to be charged on the consolidated fund of India.
  6. The receipt of money on account of the consolidated fund of India.
  7. Any matter incidental to any of the matter specified in sub-clauses (a) to (f).
    if any question arises whether the bill is money bill or not the decision of the speaker of the Lok Sabha shall be final. so when the bill is sent to the Rajya Sabha or presented to the president for assent a certificate of the Speaker shall be endorsed on it that it is a money bill – Article 110(4).

Procedure: A money bill can only be introduced in the Lok Sabha. A money bill can only be introduced with the recommendation of the president after the money bill has been passed by the Lok Sabha, it is sent to the Rajya sabha for its recommendation. The Rajya sabha much returns the bill to Lok Sabha within 14 days from the receipt of the bill with a recommendation. The Lok Sabha may either accept or reject all or any recommendations of the Rajya sabha. In both cases, it would be treated bypassed by both the house of parliament. If the bill is not returned to the Lok Sabha within 14 days, the bill shall be a demand to have been passed by both houses at the end of 14 days.

President’s Assent: When a money bill is presented to the president he may either give his assent or refuse his assent. When a money bill has presented the power of a bill is exercised by the president only on the advice of the cabinet the president Will be bound to give his assent to a money bill. Rajya Sabha and the president has no power to refuse the assent of money bill as it is to be considered on priority in the interest of the nation. The distinction between money bill, finance bill and bill involving expenditure:

  1. Money bill contains matters in article 110(1) finance bill contain matter of article 110(1) as well as other matter also. All money bills are financially bill but all financial bill is not money bills.
  2. In the money bill, the president may either given his assent or refuse his assent. In the financial bill, the president may refer it back of the house with a message for reconsideration.
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