Parliament

In a parliamentary form of government, the Parliament is the most important organ. The legislative branch of the Union government of India is called the Parliament, which consists of the President and two houses known as the House of the People (Lok Sabha) and the Council of States (Rajya Sabha).  In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the Council of States and the House of the People respectively. The Lok Sabha is the Lower House (First Chamber or Popular House) and the Rajya Sabha is the Upper House (Second Chamber or House of Elders). The Lok Sabha represents the people of India as a whole, while the Rajya Sabha represents the states and union territories of the Indian Union. Article 79 describes the Constitution of Parliament. It says that there shall be a Parliament for the Union, which shall consist of the President and two Houses, to be known respectively as the Council of States and the House of the People.

Although the President of India is not a member of either House of Parliament and does not sit in the Parliament to attend its meetings, he is an integral part of the Parliament. This is because a bill passed by both the Houses of Parliament cannot become law without the President’s assent. He also performs certain functions relating to the proceedings of the Parliament, for example, he summons and prorogues both the Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when they are not in session and so on.

The organisation of Parliament in our Constitution is based on the British model rather than the American model. In Britain, the Parliament consists of the Crown (King or Queen), the House of Lords (Upper House) and the House of Commons (Lower House). While the American President is not an integral part of the legislature. In the USA, the legislature, which is known as Congress, consists of the Senate (Upper House) and the House of Representatives (Lower House).

Articles 79 to 122 in Part V of the Constitution deal with the organisation, composition, duration, officers, procedure, privileges, powers and so on of the Parliament.

Multiple Choice Questions–

Question: Who is not an integral part of the Parliament?

(a)   President

(b)  Rajya Sabha

(c)   Supreme Court

(d)  Lok Sabha

Answer: (c) According to Article 79 of the Indian Constitution, there shall be a Parliament for the Union, which shall consist of the President and two Houses, to be known respectively as the Council of States and the House of the People.

Question: The Indian Parliament is primarily based on the model of________

(a)   French Parliament

(b)  German Parliament

(c)   British Parliament

(d)  American Parliament

Answer: (c) The Indian Parliament is primarily based on the model of the British Parliament.

Composition of Houses of Parliament

Composition of the Rajya Sabha-

Article 80 of the Indian Constitution specifies the composition of the Council of States. The Rajya Sabha is the upper house of Parliament. The maximum number of members of the Rajya Sabha cannot exceed 250. Out of these, 238 members represent the states and union territories and 12 are nominated by the President of India. The Fourth Schedule of the Indian Constitution deals with the allocation of seats in the Rajya Sabha to the states and union territories.

The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies. The election is held in accordance with the system of proportional representation by means of the single transferable vote. The seats are allotted to the states in the Rajya Sabha on the basis of population. Hence, the number of representatives varies from state to state. For example, Uttar Pradesh has 31 members while Sikkim has 1 member only. However, in USA, all states are given equal representation in the Senate irrespective of their population. The USA has 50 states, and the Senate has 100 members—two from each state.

The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose. This election is also held in accordance with the system of proportional representation by means of the single transferable vote. Out of the nine union territories, only three (Delhi, Puducherry and Jammu & Kashmir) have representation in Rajya Sabha.

The President nominated 12 members to the Rajya Sabha from people who have special knowledge or practical experience in art, literature, science and social service. On the other hand, the American Senate has no nominated members.

At present, the Rajya Sabha has 245 members. Out of these, 225 members represent the states, 8 members represent the union territories and 12 members are nominated by the President. To know about the number of seats for states and union territories in the Rajya Sabha, refer to the table given below.

In the election of members of the Rajya Sabha, the system of proportional representation was adopted. There are two kinds of proportional representation, namely, single transferable vote system and a list system. In India, the first kind is adopted for the election of members to the Rajya Sabha and state legislative council and for electing the President and the Vice-President.

Multiple Choice Questions-

Question: What can be the maximum strength of the Rajya Sabha?

(a)   250

(b)  238

(c)   245

(d)  225

Answer: (a) The maximum number of members of the Rajya Sabha cannot exceed 250. Out of these, 238 members represent the states and union territories and 12 are nominated by the President of India.

Question: How many members the President nominates in Rajya Sabha?

(a)   15

(b)  20

(c)   24

(d)  12

Answer: (d) The President nominated 12 members to the Rajya Sabha from people who have special knowledge or practical experience in art, literature, science and social service.

Question: Who can vote to elect the members of Rajya Sabha?

(a)   Elected Members of State Legislative Assemblies

(b)  Elected Members of State Legislative Councils

(c)   Elected Members of Lok Sabha

(d)  Direct Elected by the People of India

Answer: (a) The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies. The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose.

Question: Which state sends the maximum number of members to Rajya Sabha?

(a)   Uttarakhand

(b)  West Bengal

(c)   Uttar Pradesh

(d)  Telangana

Answer: (c) The seats are allotted to the states in the Rajya Sabha on the basis of population. Hence, the number of representatives varies from state to state.  Therefore, Uttar Pradesh, which is the most heavily populated state in India, sends as many as 31 members.

Question: Which Article of the Constitution is related to the composition of the Rajya Sabha?

(a)   Article 79

(b)  Article 91

(c)   Article 81

(d)  Article 80

Answer: (d) Article 80 of the Indian Constitution specifies the composition of the Council of States.

Composition of the Lok Sabha-

Article 81 of the Indian Constitution specifies the composition of the House of the People. Lok Sabha or the House of the People is the lower house of Parliament. It is the people’s representative body. Unlike Rajya Sabha, Lok Sabha is not a permanent body. The members of the Lok Sabha are directly elected by the people of India. From 1952 to 2019, the maximum strength of members of the Lok Sabha was 552. Out of these, 530 members represent the states, 20 members represent the union territories and 2 members are nominated by the President from the Anglo-Indian community.

However, the reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies are removed by the 104th Constitutional Amendment Act in January 2020. Hence, after the 104th Constitutional Amendment Act 2019, the maximum strength of members of the Lok Sabha is become 550. Out of these, 530 members represent the states, 20 members represent the union territories.

The representatives of states in the Lok Sabha are directly elected by the people from the territorial constituencies in the states. Union territory representatives in the Lok Sabha are elected in the same manner as state representatives. All the citizens who are 18 years of age and above have the right to vote and elect the members of the Lok Sabha. The voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment Act, 1988.

At present, the Lok Sabha has 543 members. Out of these, 524 members represent the states and the remaining 19 members represent the union territories. To know about the number of seats for states and union territories in the Lok Sabha, refer to the table given below.

For the holding of direct elections to the members of Lok Sabha, each state is divided into territorial constituencies. In this respect, the Constitution makes two provisions:

• Each state is allotted a number of seats in the Lok Sabha in such a manner that the ratio between that number and its population is the same for all states. However, this provision does not apply to a state having a population of less than six million.
• Each state is divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the state.

Here, the expression ‘population’ means the population as ascertained at the preceding census of which the relevant figures have been published. After every census, a readjustment is to be made in (a) allocation of seats in the Lok Sabha to the states, and (b) division of each state into territorial constituencies. Parliament is empowered to determine the authority and the manner in which it is to be made. Accordingly, the Parliament has enacted the Delimitation Commission Acts in 1952, 1962, 1972 and 2002 for this purpose.

On the basis of the 1971 census, the 42nd Constitutional Amendment Act of 1976 froze the allocation of Lok Sabha seats to states and the division of each state into territorial constituencies until the year 2000. This ban on readjustment was extended for another 25 years (i.e., up to the year 2026) by the 84th Amendment Act of 2001. However, the 84nd Constitutional Amendment Act, 2001 also empowered the government to undertake readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 1991 census. Later, the 87th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 census and not 1991 census.

Certain number of seats have been reserved for Scheduled Castes and Scheduled Tribes in the Lok Sabha. Initially this provision was made for ten years from the commencement of the Constitution, which has been extended time and again for further ten years by various constitutional amendments. Now, under the 104th Amendment Act of 2020, this reservation is to last until 2030. Reservation of seats for the Scheduled Castes or Scheduled Tribes means the persons belonging to SC/ST will represent such reserved seats. That implies that only persons belonging to SC/ST can contest from the reserved constituencies. But we have joint electorate and all the voters of the reserved constituency vote irrespective of their caste/tribe. There is no separation of voters in terms of caste or tribe. A member of scheduled castes and scheduled tribes is also not debarred from contesting a general (non-reserved) seat.

The representation to the Lok Sabha is based on population. Therefore, Uttar Pradesh which is the most heavily populated State in India sends as many as 80 members while smaller States like Mizoram, Nagaland and Sikkim send just one representative each to the Lok Sabha.

In the election of members of the Lok Sabha, the system of territorial representation was adopted. Under territorial representation, every member of the legislature represents a geographical area known as a constituency. From each constituency, only one representative is elected. In this system, a candidate who secures a majority of votes is declared elected.

Multiple Choice Questions-

Question: What is the maximum permissible membership of Lok Sabha?

(a)   530

(b)  545

(c)   550

(d)  543

Answer: (c) After the 104th Constitutional Amendment Act 2019, the maximum strength of members of the Lok Sabha is become 550. Out of these, 530 members represent the states, 20 members represent the union territories.

Question: For which section of the society seats are reserved in the Lok Sabha?

(a)   Scheduled Castes

(b)  Scheduled Castes and Scheduled Tribes

(c)   Scheduled Tribes

(d)  None of these

Answer: (b) Certain number of seats have been reserved for Scheduled Castes and Scheduled Tribes in the Lok Sabha. Initially this provision was made for ten years from the commencement of the Constitution, which has been extended time and again for further ten years by various constitutional amendments. Now, under the 104th Amendment Act of 2020, this reservation is to last until 2030.

Question: Which State sends the maximum number of members to Lok Sabha?

(a)   Goa

(b)  West Bengal

(c)   Maharashtra

(d)  Uttar Pradesh

Answer: (d) The representation to the Lok Sabha is based on population. Therefore, Uttar Pradesh, which is the most heavily populated state in India, sends as many as 80 members.

Question: Which Article of the Constitution is related to the composition of the Lok Sabha?

(a)   Article 79

(b)  Article 91

(c)   Article 81

(d)  Article 80

Answer: (c) Article 81 of the Indian Constitution specifies the composition of the House of the People.

   Duration of Houses of Parliament

Duration of Rajya Sabha-

Article 83 of the Indian Constitution describes the duration of each of the Houses of Parliament. The Rajya Sabha was constituted on 3 April 1952 and met for the first time on 13 May 1952. The Rajya Sabha is a continuing chamber. In other words, it is a permanent body and not subject to dissolution. However, one-third of its members retire every second year. These seats are filled up by fresh elections and presidential nominations at the beginning of every third year. The retiring members are eligible for re-election and renomination any number of times.

The members of the Rajya Sabha are elected for 6 years. The Representation of People Act (1951) empowered the President of India to curtail the term of members chosen in the first Rajya Sabha. In the first batch, it was decided by lottery as to who should retire.

Multiple Choice Questions-

Question: Which house of Parliament is a permanent body?

(a)   Lok Sabha

(b)  Rajya Sabha

(c)   Both Houses of Parliament

(d)  None

Answer: (b) The Rajya Sabha is a continuing chamber. In other words, it is a permanent body and not subject to dissolution.

Question: What is the tenure of a member of Rajya Sabha?

(a)   6 years

(b)  2 years

(c)   5 years

(d)  4 years

Answer: (c) The members of the Rajya Sabha are elected for 6 years.

Duration of Lok Sabha-

The normal term of Lok Sabha is five years. It is not a continuing chamber. However, the President can dissolve it before the expiration of five years on the advice of the Council of Ministers.

Further, the term of the Lok Sabha can be extended during the period of national emergency be a law of Parliament for one year at a time for any length of time. But this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

Multiple Choice Questions-

Question: What is the normal term of the Lok Sabha?

(a)   6 years

(b)  4 years

(c)   5 years

(d)  2 years

Answer: (c) The normal term of Lok Sabha is five years. It is not a continuing chamber. However, the President can dissolve it before the expiration of five years on the advice of the Council of Ministers.

Question: What is the tenure of a member of Lok Sabha?

(a)   6 years

(b)  5 years

(c)   2 years

(d)  4 years

Answer: (b) The members of the Lok Sabha are elected for 5 years.

Qualifications for Membership of Parliament

Article 84 lays down the qualifications for membership of the two Houses of Parliament. In order to be chosen a member of Parliament, a person:

• He must be a citizen of India.
• He should declare through an oath or affirmation that he has true faith and allegiance to the Constitution and that he will uphold the sovereignty and integrity of India.
• He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.
• He must be member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them. However, a member of a scheduled caste or scheduled tribe can also contest a seat not reserved for them.
• He must possess other qualifications prescribed by Parliament.
• He must have his name in the electoral rolls in any parliamentary constituency of the country.

Multiple Choice Questions-

Question: What is the minimum age for becoming a member of Rajya Sabha?

(a)   25 years

(b)  30 years

(c)   35 years

(d)  40 years

Answer: (b) The minimum age is 30 years for becoming a member of Rajya Sabha.

Question: What is the minimum age for becoming a member of Lok Sabha?

(a)   25 years

(b)  30 years

(c)   35 years

(d)  40 years

Answer: (a) The minimum age is 25 years for becoming a member of Lok Sabha.

Disqualifications for Membership of Parliament

Article 102 of the Indian Constitution is related to the disqualifications of the membership of either House of Parliament. Under the Constitution, a person shall be disqualified for being elected as a member of either house of Parliament:

• If he is not citizen of India or otherwise owes allegiance to a foreign country.
• If he is an undischarged insolvent.
• If he is of unsound mind and stands so declared by a court.
• If he holds any office of profit under the Union or a State Government (except that of a minister or any other office exempted by Parliament).
• If he is so disqualified under any law made by Parliament.

The Parliament has laid down the following additional disqualifications in the Representation of People Act (1951):

• He must not have any interest in government contracts, works or services.
• He must not have been found guilty of certain election offences or corrupt practices in the elections.
• He must not have failed to lodge an amount of his election expenses within the time.
• He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.
• He must not have been dismissed from government service for corruption or disloyalty to the State.
• He must not have been punished for preaching and practising social crimes such as untouchability, dowry and sati.
• He must not have been convicted for any offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification.

On the question of whether a member is subject to any of the above disqualifications, the president’s decision is final. However, he should obtain the opinion of the election commission and act accordingly.

However, a person may be disqualified on grounds of defection under the Tenth Schedule which was added to the Constitution by the 52nd Amendment. Although the question of disqualification under the Tenth Schedule is decided by the Chairman in the case of the Rajya Sabha and the Speaker in the case of the Lok Sabha. In 1992, the Supreme Court ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review.

Multiple Choice Questions-

Question: Which article of the Constitution is related to the disqualifications of the membership of either House of Parliament?

(a)   Article 88

(b)  Article 93

(c)   Article 102

(d)  Article 108

Answer: (c)

Question: Consider the following statements about the disqualifications of the membership of either House of Parliament.

1. If he is an undischarged insolvent.
2. If he is of unsound mind and stands so declared by a court.
3.  If he is not citizen of India or otherwise owes allegiance to a foreign country.

Which of these statements are correct?

(a)   1 only

(b)  2 and 3

(c)   3 and 1

(d)  1, 2 and 3

Answer: (d)

Vacating of Seats by Members of Parliament

Article 101 of the Indian Constitution is related to the vacation of seats in either House of Parliament. A member of Parliament shall vacate his seat in the following cases:

• Double Membership: A person cannot be a member of both Houses of Parliament at the same time. Thus, the Representation of People Act (1951) provides for the following rules: (a) If a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve. If he does not give such intimation, his seat in the Rajya Sabha becomes vacant; (b) If a sitting member of one House of Parliament is also elected to the other House, his seat in the first House becomes vacant; (c) If a person is elected to two seats in the same House of Parliament, then he has the right to vacate any one of the seats. Otherwise, both seats become vacant; (d) A person cannot be a member of both the Parliament and the state legislature at the same time. If a person is so elected, his seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days.
• Disqualification: If a member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his seat becomes vacant. This list also includes the disqualification on the grounds of defection under the Tenth Schedule of the Constitution.
• Resignation: A member may resign his seat by writing to the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha. The seat falls vacant when the resignation is accepted. However, the Chairman or Speaker may not accept the resignation if he is satisfied that it is not voluntary or genuine.
• Absence without Permission: A House may declare the seat of a member vacant if he is absent from all its meetings for a period of 60 days without its permission.
• Other Cases: A member has to vacate his seat in the Parliament: (a) If he is expelled by the House; (b) If his election is declared void by the court; (c) If he is appointed to the office of governor of a state; (d) If he is elected to the office of President or Vice-President.

Oath or Affirmation of Members of Parliament

Article 99 of the Indian Constitution is related to the oath or affirmation by members of either House of Parliament. Every member of either House of Parliament, before taking his seat in the House, has to make and subscribe to an oath or affirmation before the President or some person appointed by him for this purpose.

Without taking the oath, a member of Parliament cannot vote and participate in the proceedings of the House. Also, he does not become eligible for parliamentary privileges and immunities.

Salaries and Allowances of Members of Parliament

Members of both Houses of Parliament are entitled to receive salaries and allowances as may be determined by Parliament. Article 106 of the Indian Constitution is related to the salaries and allowances of members of either House of Parliament.

The Constitution made no provision for a pension for members of Parliament at the outset. However, in 1976, the Parliament made a provision in the Constitution to pension its members.

The salaries and allowances of the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha are determined by Parliament and which are payable from the Consolidated Fund of India.

The salaries and allowances of the Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha are also determined by Parliament and which are payable from the Consolidated Fund of India.

Presiding Officers of Parliament

Each House of Parliament has its own presiding officer. The Constitution provides for a Speaker and a Deputy Speaker for the Lok Sabha and a Chairman and a Deputy Chairman for the Rajya Sabha.

Speaker of Lok Sabha-

The Speaker of the Lok Sabha is elected under Article 93 of the Indian Constitution. The Speaker is the head of the Lok Sabha and its representative. He is the principal spokesman of the House, and his decision in all parliamentary matters is final. He is the guardian of the powers and privileges of the members, the House as a whole and its committees. His work and conduct cannot be discussed and criticised in the Lok Sabha except on a substantive motion. He is given a very high position in the order of precedence. He is placed at sixth rank, along with the Chief Justice of India. This means he has a higher rank than all cabinet ministers, except the Prime Minister or Deputy Prime Minister. He enjoys great honour, high dignity and supreme authority within the House.

Election and Tenure: The speaker of the Lok Sabha is generally elected in the first meeting of the Lok Sabha after the election of the Lok Sabha. Members of the Lok Sabha elect the Speaker from among themselves. The Speaker is elected by a simple majority of members present and voting in the Lok Sabha. No specific qualifications are prescribed in the Constitution for being elected Speaker. The only qualification is that the Speaker should be a member of the Lok Sabha.

Whenever the office of the Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy. The date of the election of the Speaker of the Lok Sabha is fixed by the President.  Generally, the Speaker remains in office during the life of the Lok Sabha, but his office may terminate earlier in any of the following ways:

• if he ceases to be a member of the Lok Sabha.
• if he resigns by writing to the Deputy Speaker.
• if he is removed by a resolution passed by a majority of all the members of the Lok Sabha. Such a resolution can be moved only after giving 14 days’ advance notice. This motion of removal can be considered and discussed only when it has the support of at least 50 members. During this time period, he cannot preside at the sitting of the House, though he may be present. However, he can speak and take part in the proceedings of the House at such a time and vote in the first instance, though not in the case of an equality of votes.

Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.

There have been 17 Speakers in the Lok Sabha of India. Refer to the table given below to learn about the Speakers of the Lok Sabha from 1952 to 2022.

Powers and Functions: The Speaker of the Lok Sabha derives his powers and duties from three sources. These sources are the Constitution of India, the Rules of Procedure and Conduct of Business of the Lok Sabha, and Parliamentary Conventions. Some of the powers and functions of the speaker are given below:

• The basic function of the Speaker is to preside over the House and conduct the meetings of the House in an orderly manner. No member can speak in the House without his permission. He may ask a member to finish his speech and, in case the member does not obey, he may order that the speech should not be recorded.
• He is the final interpreter of the provisions of (a) the Constitution of India, (b) the Rules of Procedure and Conduct of Business of Lok Sabha, and (c) the parliamentary precedents, within the House. His decisions in all parliamentary matters are final.
• All the Bills, reports, motions and resolutions are introduced with Speaker’s permission. He puts the motion or bill to vote. He does not vote in the first instance. But he can exercise a casting vote in the case of a tie. Such a vote is called a decisive vote, and its purpose is to resolve a deadlock.
• He adjourns the House or suspends the meeting in the absence of a quorum. The quorum to constitute a meeting of the House is one-tenth of the total strength of the House.
• He can allow a ‘secret’ sitting of the House at the request of the Leader of the House. When the House sits in secret, no stranger can be present in the chamber, lobby or galleries except with the permission of the Speaker.
• In case of a joint sitting of the Lok Sabha and Rajya Sabha, the Speaker presides over the meeting. Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill.
• He can disqualify a member of Lok Sabha from his membership in case of defection. In 1992, the Supreme Court ruled that the decision of the Speaker in this regard is subject to judicial review. He also accepts the resignation of members of Lok Sabha.
• He decides whether a bill is a money bill or not, and his decision is final.
• His powers of regulating procedure or conducting business or maintaining order in the House are not subject to the jurisdiction of any Court.
• He also acts as the ex-officio chairman of the conference of presiding officers of legislative bodies in the country.
• The chairman of all the parliamentary committees of the Lok Sabha is appointed by the Speaker of the Lok Sabha. He also supervises their functioning.
• He is also the chairman of the Business Advisory Committee, the Rules Committee, and the General-Purpose Committee.

Deputy Speaker of Lok Sabha-

The Deputy Speaker of the Lok Sabha is also elected under Article 93 of the Indian Constitution. The Deputy Speaker ranks second after the Speaker in the Lok Sabha. He acts as the presiding officer in the case of leave or absence caused by the death or illness of the Speaker of the Lok Sabha. The Deputy Speaker is not subordinate to the Speaker. He is directly responsible to the Lok Sabha.

The Speaker and the Deputy Speaker of Lok Sabha were normally appointed from the ruling party till the 10th Lok Sabha. Since the 11th Lok Sabha, it has been settled that the Speaker will hail from the ruling party, while the Deputy Speaker will come from the leading opposing party.

Election and Tenure: The Deputy Speaker is elected by the Lok Sabha itself from among its members. He is elected after the election of the Speaker has taken place. The date of election of the Deputy Speaker is fixed by the Speaker. No specific qualifications are prescribed in the Constitution for being elected Deputy Speaker. The only qualification is that the Deputy Speaker should be a member of the Lok Sabha.

Whenever the office of the Deputy Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy. Generally, the Deputy Speaker remains in office during the life of the Lok Sabha, but his office may terminate earlier in any of the following ways:

• if he ceases to be a member of the Lok Sabha.
• if he resigns by writing to the Speaker.
• if he is removed by a resolution passed by a majority of all the members of the Lok Sabha. Such a resolution can be moved only after giving 14 days’ advance notice. Further, when a resolution for the removal of the Deputy Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present.

There have been 14 Deputy Speakers in the Lok Sabha of India. Refer to the table given below to learn about the Deputy Speakers of the Lok Sabha from 1952 to 2019.

Powers and Functions: Some of the powers and functions of the Deputy speaker are given below:

• The Deputy Speaker performs the duties of the Speaker’s office when it is vacant. He also acts as the Speaker when the Speaker is absent from the sitting of the House. In both the situations, he assumes all the powers of the Speaker.
• He also presides over the joint sitting of both the Houses of Parliament, in case the Speaker is absent from such a sitting.
• The Deputy Speaker has one special privilege. Whenever he is appointed as a member of a parliamentary committee, he automatically becomes its chairperson.
• When the Deputy Speaker is presiding over the House, then he cannot vote in the first instance. He can only exercise a casting vote in the case of a tie.
• When the Speaker presides over the House, the Deputy Speaker is like any other ordinary member of the House. He can speak in the House, participate in its proceedings and vote in the House.
• The salary and allowance of the Deputy Speaker are fixed by Parliament and charged to the Consolidated Fund of India.

It should be noted that the Speaker and the Deputy Speaker, while assuming their offices, do not make and subscribe any separate oath or affirmation.

Panel of Chairpersons of Lok Sabha-

According to Lok Sabha Rules, the Speaker can nominate from among the members a panel of not more than ten chairpersons. Any of them can preside over the House in the absence of the Speaker or the Deputy Speaker. He has the same powers as the Speaker when he presides. When a member of the panel of chairpersons is also not present, any other person, as determined by the House, acts as the Speaker. The member of the panel of chairpersons holds office until a new panel of chairpersons is nominated.

It must be noted here that a member of the panel of chairpersons cannot preside over the House when the office of the Speaker or the Deputy Speaker is vacant. During such time, the Speaker’s duties are to be performed by such member of the House as the President appoints for the purpose. Elections are held as soon as possible to fill the vacant posts.

Pro Tem Speaker-

According to the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha. Therefore, the President appoints a member of the Lok Sabha as the Pro Tem Speaker. Generally, the senior most member is selected for this. The President himself administers oath to the Pro Tem Speaker. The Pro Tem Speaker has all the powers of the Speaker.

He presides over the first sitting of the newly-elected Lok Sabha. His main duty is to administer oath to the new members. He also enables the House to elect the new Speaker. When the new Speaker is elected by the House, the office of the Pro Tem Speaker ceases to exist. Hence, the office of the Pro Tem Speaker is a temporary office.

Chairman of Rajya Sabha-

The Chairman and Deputy Chairman of the Council of States are elected under Article 89 of the Indian Constitution. The presiding officer of the Rajya Sabha is known as the Chairman. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. He presides over the meetings of Rajya Sabha. The Chairman of the Rajya Sabha can be removed from his office only if he is removed from the office of the Vice-President.

The Chairman is not a member of the Rajya Sabha. He is normally not entitled to vote. He can vote only in case of a tie. Refer to the table given below to learn about the Chairmen of the Rajya Sabha from 1952 to 2022.

As a presiding officer, the powers and functions of the Chairman in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha. However, the Speaker has two special powers which are not enjoyed by the Chairman:

• The Speaker presides over a joint sitting of two Houses of Parliament.
• The Speaker decides whether a bill is a money bill or not and his decision on this question is final.

Salaries and allowances of the Chairman are fixed by the Parliament and charged on the Consolidated Fund of India. When the Vice-President acts as President or discharges the functions of the President, he does not perform the duties of the office of the Chairman of Rajya Sabha. At this time, he is not entitled to any salary or allowance payable to the Chairman of the Rajya Sabha. But he paid the salary and allowance of the Vice-President during such a time.

The Vice-President cannot preside over a sitting of the Rajya Sabha as its Chairman when a resolution for his removal is under consideration. However, he can be present and speak in the House and can take part in its proceedings, without voting, even at such a time.

Deputy Chairman of Rajya Sabha-

The Deputy Chairman of the Rajya Sabha is elected under Article 89 of the Indian Constitution. The Deputy Chairman is elected by the Rajya Sabha itself from among its members. The date of election of the Deputy Chairman is fixed by the Chairman. He ranks second after the Chairman in the Rajya Sabha. No specific qualifications are prescribed in the Constitution for being elected Deputy Chairman. The only qualification is that the Deputy chairman should be a member of the Rajya Sabha. The Deputy Chairman is not subordinate to the Chairman. He is directly responsible to the Rajya Sabha.

Whenever the office of the Deputy Chairman falls vacant, the Rajya Sabha elects another member to fill the vacancy. He vacates his office in any of the following three cases:

• if he ceases to be a member of the Rajya Sabha.
• if he resigns by writing to the Chairman.
• if he is removed by a resolution passed by a majority of all the members of the Rajya Sabha. Such a resolution can be moved only after giving 14 days’ advance notice. Further, when a resolution for the removal of the Deputy Chairman is under consideration of the House, he cannot preside at the sitting of the House, though he may be present.

There have been 12 Deputy Chairmen in the Rajya Sabha of India. Refer to the table given below to learn about the Deputy Chairmen of the Rajya Sabha from 1952 to 2022.

Powers and Functions: Some of the powers and functions of the Deputy Chairman are given below:

• The Deputy Chairman performs the duties of the Chairman’s office when it is vacant or when the Vice-President acts as President or discharges the functions of the President. He also acts as the Chairman when the Chairman is absent from the sitting of the House. In both the situations, he assumes all the powers of the Chairman.
• When the Deputy Chairman is presiding over the House, then he cannot vote in the first instance. He can only exercise a casting vote in the case of a tie.
• When the Chairman presides over the House, the Deputy Chairman is like any other ordinary member of the House. He can speak in the House, participate in its proceedings and vote in the House.
• The salary and allowance of the Deputy Chairman are fixed by Parliament and charged to the Consolidated Fund of India.

Panel of Vice-Chairpersons of Rajya Sabha-

According to Rajya Sabha Rules, the Chairman can nominate from among the members a panel of not more than six vice-chairpersons. Any of them can preside over the House in the absence of the Chairman or the Deputy Chairman. He has the same powers as the Chairman when he presides. When a member of the panel of vice-chairpersons is also not present, any other person, as determined by the House, acts as the Chairman. The member of the panel of vice-chairpersons holds office until a new panel of vice-chairpersons is nominated.

It must be noted here that a member of the panel of vice-chairpersons cannot preside over the House when the office of the Chairman or the Deputy Chairman is vacant. During such time, the Chairman’s duties are to be performed by such member of the House as the President appoints for the purpose. Elections are held as soon as possible to fill the vacant posts.

Secretariat of Parliament-

Each House of Parliament has a separate secretarial staff of its own. Though there can be some posts common to both the Houses. Their recruitment and service conditions are regulated by Parliament. The secretariat of each House is headed by a secretary-general. He is a permanent officer and is appointed by the presiding officer of the House.

Leaders in Parliament

Leader of the House-

The office of the leader of the House is not mentioned in the Constitution of India. It is mentioned in the Rules of the House and the Parliamentary Statute, respectively. The leader of the house in either House is an important functionary and exercises direct influence on the conduct of business. He can also nominate a deputy leader of the House.

According to the Rules of Lok Sabha, “Leader of the House” means the prime minister, if he is a member of the Lok Sabha, or a minister who is a member of the Lok Sabha and is nominated by the prime minister to function as the Leader of the House. Jawaharlal Nehru was the first Leader of the House in the Lok Sabha.

Similarly, in the Rajya Sabha, there is also a “Leader of the House”. He is a minister and a member of the Rajya Sabha and is nominated by the prime minister to function as the Leader of the House. Narasimha Gopalaswami Ayyangar was the first Leader of the House in the Rajya Sabha.

Leader of the Opposition-

The office of the leader of the Opposition is not mentioned in the Constitution of India. It is mentioned in the Rules of the House and the Parliamentary Statute, respectively. In a parliamentary system of government, the leader of Opposition has significant role to play.

In each House of Parliament, there is the “Leader of the Opposition”. His main functions are to provide a constructive criticism of the policies of the government and to provide an alternative government. The leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House is recognised as the leader of the Opposition in that House. The leader of the opposition is also entitled to the status, salary, allowances and other facilities equivalent to that of a cabinet minister.

Ram Subhag Singh was the first leader of the opposition in the Lok Sabha and Shyam Nandan Prasad Mishra was the first leader of the Opposition in the Rajya Sabha.

Whip-

The offices of ‘whip’ is mentioned neither in the Constitution of India nor in the Rules of the House nor in a Parliamentary Statute. It is based on the conventions of the parliamentary government.

Every political party, whether ruling or Opposition has its own whip in the Parliament. He is appointed by the political party to serve as an assistant floor leader. He is charged with the responsibility of ensuring the attendance of his party members in large numbers and securing their support in favour of or against a particular issue. He also regulates and monitors their behaviour in the Parliament. If the members are not following the directives given by the whip, then disciplinary action can be taken.

Rights of Ministers and Attorney General in Parliament

Article 88 States about the Rights of Ministers and the Attorney-General as regards Houses. Every minister and the attorney general of India have the right to speak and take part in the proceedings of either House, joint sitting of both the House and any committee of Parliament of which he is a member without being entitled to vote. There are two reasons underlying this constitutional provision:

• A minister can participate in the proceedings of a House, of which he is not a member.
• A minister, who is not a member of either House, can participate in the proceedings of both the Houses. It must be noted here that a person can remain a minister for six months, without being a member of either House of Parliament.

Parliamentary Privileges

Privileges are certain rights belonging to each House of Parliament. Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members. Without these privileges, the Houses can neither maintain their authority, dignity and honour nor can protect their members from any obstruction in the discharge of their parliamentary responsibilities. Both the Houses of Parliament as well as the State Legislature have similar privileges under our Constitution.

The Constitution has also extended the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. These include the attorney general of India and Union ministers. However, the parliamentary privileges do not extend to the President, who is also an integral part of the Parliament.

Parliamentary privileges can be classified into individual privilege and collective privilege, respectively.

Individual Privileges-

Those that are enjoyed by the members individually. The privileges belonging to the members individually are the following:

• They cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session. However, this immunity is confined to arrest in civil cases and does not extend to arrest in criminal cases or under the law of Preventive Detention.
• They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session.
• They have freedom of speech in Parliament. No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its committees.

Collective Privileges-

Those that are enjoyed by each House of Parliament collectively. The privileges belonging to each House of Parliament collectively are the following:

• It has the right to publish its reports, debates and proceedings and also the right to prohibit others from publishing the same. However, the 44th Constitutional Amendment Act of 1978 restored the freedom of the press to publish true reports of parliamentary proceedings without prior permission of the House. But this is not applicable in the case of a secret sitting of the House.
• It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters.
• It can exclude strangers from its proceedings and hold secret meetings to discuss some important matters.
• It can punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition or imprisonment. It can also suspend or expel members.
• It has the right to receive immediate information on the arrest, detention, conviction, imprisonment and release of a member.
• The courts are prohibited to inquire into the proceedings of a House or its committees.
• No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the permission of the presiding officer.

Breach of Privilege and Contempt of the House-

When any individual or authority disregards or attacks any of the privileges, rights and immunities, either of the member individually or of the House in its collective capacity. Such an offence is termed a “breach of privilege” and is punishable by the House.

Any act or omission which obstructs a House of Parliament, its member or its officer in the performance of their functions or which has a tendency, directly or indirectly to produce results against the dignity, authority and honour of the House. Such an act or omission is termed a “contempt of the House” and is punishable by the House.

Sessions of Parliament

Summoning-

Article 85 of the Constitution empowers the President to summon each House of Parliament to meet. But, the maximum gap between two sessions of Parliament cannot be more than six months. Hence, the Parliament should meet at least twice a year. Generally, there are three sessions a year in the Parliament:

• Budget Session (February to May)
• Monsoon Session (July to September)
• Winter Session (November to December)

A ‘session’ of Parliament is the Period spanning between the first sitting of a House and its prorogation (or dissolution in the case of the Lok Sabha). During a session, the House meets every day to transact business. The Period spanning between the prorogation of a House and its reassembly in a new session is called ‘recess’.

Adjournment-

An adjournment is done by the presiding officer of the House. A session of Parliament consists of many meetings. Each meeting of a day consists of two sittings. The first sitting is a morning sitting from 11 a.m. to 1 p.m., and the second sitting is a post-lunch sitting from 2 p.m. to 6 p.m. A sitting of Parliament can be terminated by adjournment or adjournment sine die or prorogation or dissolution (in the case of the Lok Sabha).

An adjournment only terminates a sitting and not a session of the House. An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks. It does not affect the bills or any other business pending before the House and the same can be resumed when the House meets again.

Adjournment Sine Die-

When the House is adjourned without naming a day for re-assembly, it is called adjournment sine die. An adjournment sine die is done by the presiding officer of the House. He can also call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.

Prorogation-

The Presiding officer declares the House adjourned sine die, when the business of a session is completed. Within the next few days, the President issues a notification for prorogation of the session. However, the President can also prorogue the House while in session. It not only terminates a sitting but also a session of the House. It does not affect the bills or any other business pending before the House.

Dissolution-

Rajya Sabha is a permanent house. Hence, it cannot be subject to dissolution. Only the Lok Sabha is subject to dissolution.  The dissolution ends the life of the existing House, and a new House is constituted after general elections are held. The dissolution of the Lok Sabha may take place in either of two ways:

• On the expiry of its tenure of five years or the terms as extended during a national emergency.
• When the Lok Sabha is dissolved before the completion of its normal tenure by the President.

All business, including bills, motions, resolutions, notices, and petitions, lapses when the Lok Sabha is dissolved. However, some pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not lapse on the dissolution of the Lok Sabha. The position with respect lapsing of bills is as follows:

• A bill pending in the Lok Sabha lapses.
• A bill passed by the Lok Sabha but pending in the Rajya Sabha.

The position with respect to the not lapsing of bills is as follows:

• A bill pending in the Rajya Sabha but not passed by the Lok Sabha.
• A bill not passed by the two Houses due to disagreement and if the President has notified the holding of a joint sitting before the dissolution of Lok Sabha.
• A bill passed by both Houses but pending assent of the president.
• A bill passed by both Houses but returned by the president for reconsideration of Houses.

Quorum-

Quorum is the minimum number of members required to be present in the House before it can transact any business. It is one-tenth of the total number of members in each House, including the presiding officer. So, for any business to be conducted in the Lok Sabha, at least 55 members must be present. Similarly, for any business to be conducted in the Rajya Sabha, at least 25 members must be present. If there is no quorum during a meeting of the House, it is the duty of the presiding officer either to adjourn the House or to suspend the meeting until there is a quorum.

Lame-duck Session-

It is the last session of the existing Lok Sabha after a new one has been elected. Those members of the existing Lok Sabha who could not get re-elected to the new Lok Sabha are called lame-ducks. The Lame Duck Session is widely used in the US Parliament.

Language in Parliament

Article 120 of the Constitution of India deals with the language to be used in Parliament. The Indian Constitution has declared Hindi and English to be the languages for transacting business in the Parliament. However, English was to be discontinued as a floor language after the expiration of fifteen years from the commencement of the Constitution. But the Official Languages Act of 1963 allowed English to be continued along with Hindi. Though, the presiding officer can permit a member to address the House in his mother-tongue. In both the Houses, arrangements are made for simultaneous translation.

Devices of Parliamentary Proceedings

Question Hour-

The first hour of every parliamentary sitting is called Question Hour. During this time, the members ask questions and the ministers usually give answers. Question hour is mentioned in the Rules of Procedure. The questions are of three types- Starred, Unstarred, and Short Notice.

• Starred Question: Such a question requires an oral answer, and hence supplementary questions can follow.
• Unstarred Question:  Such a question requires a written answer, and hence supplementary questions cannot follow.
• Short Notice Question: This question is one that is asked by giving a notice of less than ten days. It is answered orally.

Question hour may not be held on such days as budget presentation day, during the proceedings of the joint sitting, during sittings held on holidays, when parliament sits for an extended period, or during the presidential address.

Zero Hour-

Zero hour is not mentioned in the Rules of Procedure. Hence, it is an informal device available to the members of Parliament to raise matters without any prior notice. The zero hour starts immediately after the question hour and lasts until the agenda for the day (i.e., regular business of the House) is taken up. In other words, the time gap between the question hour and the agenda is Known as zero hour.

Motions-

The House expresses its decisions or opinions on various issues through the adoption or rejection of motions moved by either ministers or private members. The motions moved by the members to raise discussions on various matters fall into three principal categories:

• Substantive Motion: It is a self-contained independent proposal dealing with a very important matter like impeachment of the President or removal of the Chief Election Commissioner.
• Substitute Motion: It is a motion that is moved in substitution of an original motion and proposes an alternative to it. If adopted by the House, it supersedes the original motion.
• Subsidiary Motion: It is a motion that has no meaning by itself. It cannot state the decision of the House without reference to the original motion or proceedings of the House.

Closure Motion-

It is a motion moved by a member to cut short the debate on a matter before the House. If the motion is approved by the House, debate is stopped immediately, and the matter is put to vote. There are four kinds of closure motions:

• Simple Closure: It is one when a member moves that the ‘matter having been sufficiently discussed be now put to vote’.
• Closure by Compart: In this type of motion, the clauses of a bill or a lengthy resolution are grouped into parts before the commencement of the debate. The debate covers the part as a whole, and the entire part is put to vote.
• Kangaroo Closure: In this case, only important clauses are taken up for debate and voting and the intervening clauses are skipped over and taken as passed.
• Guillotine Closure: It is one when the undiscussed clauses of a bill or a resolution are also put to vote along with the discussed ones due to want of time.

Privilege Motion-

This motion is concerned with the breach of parliamentary privileges by a minister. This motion is moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts. Its purpose is to censure the concerned minister. It can be moved in Rajya Sabha as well as Lok Sabha.

Calling Attention Motion-

This motion is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter. It can be moved in Rajya Sabha as well as Lok Sabha.

Adjournment Motion-

Adjournment motion is introduced only in the Lok Sabha to draw attention of the House to a definite matter of urgent public importance. This motion needs the support of 50 members to be admitted. The discussion on an adjournment motion should last for not less than two hours and thirty minutes.

However, the right to move a motion for an adjournment of the business of the House is subject to the following restrictions:

• Raise a matter which is definite, factual, urgent and of public importance.
• Not cover more than one matter.
• It should be restricted to a specific matter of recent occurrence.
• It should not raise a question of privilege.
• It should not revive discussion on a matter that has been discussed in the same session.
• It must not deal with any matter that is under adjudication of court.

Censure Motion-

It should state the reasons for its adoption in the Lok Sabha. It can be moved against an individual minister or a group of ministers or the entire council of ministers. It can be moved only in Lok Sabha. It is moved to censure the council of ministers for specific policies and actions.  If it is passed in the Lok Sabha, the council of ministers need not resign from the office.

No-Confidence Motion-

It can be moved only in the Lok Sabha, and one need not state the reasons for its adoption in the Lok Sabha. This motion needs the support of 50 members to be admitted. It can be moved against the entire council of ministers. It is moved for ascertaining the confidence of Lok Sabha in the council of ministers. If it is passed in the Lok Sabha, the council of ministers must resign from office.

No-Day-Yet-Named Motion-

It is a motion that has been admitted by the Speaker, but no date has been fixed for its discussion. The Speaker, after considering the state of business in the House and in consultation with the leader of the House or on the recommendation of the Business Advisory Committee, allots a day or days or part of a day for the discussion of such a motion.

Motion of Thanks-

The first session after each general election and the first session of every fiscal year is addressed by the President. In this address, the president outlines the policies and programmes of the government in the preceding year and ensuing year. This address of the President is discussed in both the Houses of Parliament on a motion called the ‘Motion of Thanks’. At the end of the discussion, the motion is put to vote. This motion must be passed in the House. Otherwise, it amounts to the defeat of the government.

Point of Order-

A member can raise a point of order when the proceedings of the House do not follow the normal rules of procedure. It is usually raised by an opposition member in order to control the government. No debate is allowed on a point of order. It is an extraordinary device as it suspends the proceedings before the House.

Resolutions-

The members can move resolutions to draw the attention of the House or the government to matters of general public interest. A member who has moved a resolution or an amendment to a resolution cannot withdraw the same except by leave of the House. Resolutions are classified into three categories:

• Private Member’s Resolution: This is moved by a private member (other than a minister). It is discussed only on alternate Fridays and in the afternoon sitting.
• Government Resolution: This is moved by a minister. It can be taken up any day from Monday to Thursday.
• Statutory Resolution: It can be moved either by a private member or a minister.  It is always tabled in pursuance of a provision in the Constitution or an Act of Parliament.

Resolutions are different from motions in the following respects:

• All resolutions fall under the category of substantive motions. In other words, every resolution is a particular type of motion.
• All motions are not necessarily put to a vote in the House, whereas all resolutions are required to be voted upon.

Legislative Procedure in Parliament

The legislative procedure is the same in both Houses of Parliament. Every bill has to pass through the same stages in each House. A bill is a proposal for legislation, and it becomes an act or law when duly enacted. Bills introduced in the Parliament are of two kinds: public bills and private bills. Though both are governed by the same general procedure and pass through the same stages in the House.  But they differ in various respects. The table below shows the difference between the public and private bills.

Bills introduced in Parliament can be divided into four categories:

•  Ordinary bills: These bills are concerned with any matter other than financial subjects.
•  Money bills: These bills are concerned with financial matters like taxation, public expenditure, etc.
•  Financial bills: These bills are also concerned with financial matters but are different from money bills.
• Constitution amendment bills: These bills are concerned with the amendment of the provisions of the Constitution.

The Constitution has laid down separate procedures for the enactment of all the four types of bills.

Ordinary Bills-

Every ordinary bill has to pass through the following five stages in Parliament before it becomes an act:

• First Reading: An ordinary bill can be introduced in either in the Lok Sabha or the Rajya Sabha. It can be introduced either by a minister or by any other member. An ordinary bill is introduced without the recommendation of the President. The member who wants to introduce the bill has to ask for the leave of the House. When the House grants leave to introduces the bill, the mover of the bill introduces it by reading its title and objectives. No discussion on the bill takes place at this stage. Later, the bill is published in the Gazette of India. The introduction of the bill and its publication in the Gazette constitute the first reading of the bill.
• Second Reading: In this stage, the bill receives not only the general but also the detailed scrutiny and assumes its final shape. Hence, this stage is the most vital. This stage involves three more sub-stages, namely, the stage of general discussion, the committee stage and the consideration stage. In the stage of general discussion, the printed copies of the bill are distributed to all the members. The principles of the bill and its provisions are discussed generally, but the details of the bill are not discussed. At this stage, the House has four options: (a) It may take the bill into consideration immediately or on some other fixed date. (b) It may refer the bill to a select committee of the House. (c) It may refer the bill to a joint committee of both the House. (d) It may circulate the bill to elicit public opinion. If the bill is referred to a select committee of the House or the joint select committee of both the Houses, the concerned committee examines the bill very minutely. Each and every clause is examined. The committee may also take the opinion of professionals and legal experts. After completing the scrutiny and discussion, the committee reports the bill back to the House.   After receiving the bill from the select committee or joint committee, the House considers the provisions of the bill clause by clause. Each clause is discussed and voted on separately.  The members can also move amendments and, if they accepted become part of the bill.
• Third Reading: In this stage, the debate is confined to the acceptance or rejection of the bill. No amendments are allowed at this stage. If the majority of members present and voting accept the bill, the bill is regarded as passed by the House. After that, the bill is authenticated by the presiding officer of the House and transmitted to the second House for consideration and approval.
• Bill in the Second House: The bill passes through all three stages, that is, first reading, second reading and third reading, in the second House as well. The second House has four options for a bill: (a) It may pass the bill as sent by the first House. (b) It may pass the bill with amendments and return it to the first House for reconsideration. In such a case, the first House will consider the amendments and if it accepts the amendments then the bill will be sent to President for his assent. In case the first House refuses to accept the amendments, then it means there is a deadlock. (c) It may reject the bill altogether. It means there is a deadlock. In order to remove the deadlock between the two Houses, the President may call for a joint sitting of the two Houses. (d) It may not take any action and thus keep the bill pending. It means there is a deadlock.
• Assent of the President: After being passed by both the Houses or the Joint Sitting of both Houses, the bill is referred to the President for his assent. The President also has some options in this regard: (a) He may give his assent to the bill. After that, the bill becomes an act. (b) He may withhold his assent to the bill. After that, the bill ends and does not become an act. (c) He may return the bill for reconsideration of the House. In such a case the bill is sent back to the House from where it had originated. But if both the Houses pass the bill again with or without accepting the recommendations Structure of Government of the President, the President has no option but to give his assent.

Money Bills-

Article 110 of the Constitution deals with the definition of money bills. The bill that deals with the money matters i.e., imposition, abolition, alteration of any tax or the regulation of the borrowing of money or giving of any guarantee by the Government of India or amendment of law with respect to any financial obligation undertaken by the Government of India or related to Consolidated Fund or Contingency Fund of India, is called a Money Bill.

However, a bill is not to be deemed to be a money bill by reason only that it provides for imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

In case there is a dispute as to whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha is final. His decision in this regard cannot be questioned in any court of law or in the either House of Parliament or even the President. When a money bill is transmitted to the Rajya Sabha or presented for the assent of the President, the Speaker endorses it as a money bill.

The Constitution lays down a special procedure for the passing of money bills in the Parliament. A money bill can only be introduced in the Lok Sabha and not in the Rajya Sabha. It can be introduced only on the recommendation of the President. It can be introduced only by a minister.

After a money bill is passed by the Lok Sabha, the bill goes to the Rajya Sabha. Rajya Sabha has 14 days at its disposal for consideration and report. The Rajya Sabha cannot reject the money bill. It may either accept it or make recommendations. In case Rajya Sabha chooses to make recommendations, the bill will return to Lok Sabha. The Lok Sabha may accept these recommendations or reject them. In any case the bill will not go back to Rajya Sabha. Instead, it will be sent directly to the President for his assent. If the Rajya Sabha does not return the bill within 14 days, it will be deemed to have been passed by both the Houses of the Parliament and sent to the President for his assent.

Finally, when a money bill is presented to the President, he may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for reconsideration of the Houses. The table below shows the difference between the ordinary bill and the money bill.

Financial Bills-

Financial bills are those bills which relates to revenue or expenditure. Financial bills are of three kinds:

• Money bills – Article 110
• Financial bills (First class) – Article 117 (1)
• Financial bills (Second class) – Article 117 (3)

According to this classification, all money bills are financial bills, but all financial bills are not money bills. Only those financial bills are “money bills” that contain exclusively those matters that are mentioned in Article 110 of the Constitution.

Financial Bills (First Class): A financial bill (first class) is a bill that contains not only any or all the matters mentioned in Article 110, but also other matters of general legislation. A financial bill (first class) is similar to a money bill in the following aspects: (a) Both of them can be introduced only in the Lok Sabha and not in the Rajya Sabha. (b) Both of them can be introduced only on the recommendation of the president. In all other respects, a financial bill (first class) is governed by the same legislative procedure applicable to an ordinary bill. In case of a disagreement, the president can summon a joint sitting of the two Houses to resolve the deadlock. When the first-class financial bill is presented to the President, he can either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration by the Houses.

Financial Bills (Second Class): A financial bill (second class) contains provisions involving expenditure from the Consolidated Fund of India, but does not include any of the matters mentioned in Article 110. It is treated as an ordinary bill and in all respects, it is governed by the same legislative procedure which is applicable to an ordinary bill. The only special feature of this bill is that it cannot be passed by either House of Parliament unless the President has recommended the consideration of the bill to that house. However, a financial bill (second class) can be introduced in either House of Parliament and recommendation of the President is not necessary for its introduction but required at the consideration stage. It can be either rejected or amended by either House of Parliament. In case of a disagreement, the president can summon a joint sitting of the two Houses to resolve the deadlock. When the second-class financial bill is presented to the President, he can either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration by the Houses.

Joint Sitting of Two Houses

Article 108 of the Indian Constitution provides for a joint sitting of both Houses of Parliament. Joint sitting is special machinery provided by the Constitution to resolve a deadlock between the two Houses over the passage of a bill. But the provision of joint sitting is applicable to ordinary bills or financial bills only and not to money bills or constitutional amendment bills. In the case of a money bill, the Lok Sabha has overriding powers, while a constitutional amendment bill must be passed by each House separately. When a bill is passed in one house and transmitted to the other, the following three scenarios are considered deadlock:

• if the bill is rejected by the other House
• if the Houses have finally disagreed as to the amendments to be made in the bill
• if more than six months have elapsed from the date of the receipt of the bill by the other House without the bill being passed by it.

In the above three situations, the president may summon both the Houses to meet in a joint sitting for the purpose of deliberating and voting on the bill. No such notification can be made by the President if the bill has already lapsed by the dissolution of the Lok Sabha. But once the President has notified his intention to hold a joint sitting, the subsequent dissolution of the Lok Sabha cannot stand in the way of the joint sitting being held.

The Speaker of Lok Sabha presides over a joint sitting of the two Houses and the Deputy Speaker, in his absence. If the Deputy Speaker is also absent from a joint sitting, the Deputy Chairman of Rajya Sabha presides. If he is also absent, such other person as may be determined by the members present at the joint sitting, presides over the meeting. It is clear that the Chairman of the Rajya Sabha does not preside over a joint sitting of Parliament.

The quorum to constitute a joint sitting is one-tenth of the total number of members of the two Houses. The joint sitting is governed by the Rules of Procedure of Lok Sabha and not of Rajya Sabha. If the bill in dispute is passed by a majority of the total number of members of both the Houses present and voting in the joint sitting, the bill is deemed to have been passed by the both the Houses.

Since 1950, the provision regarding the joint sitting of the two Houses has been invoked only thrice. The bills that have been passed at joint sittings are: (a) The Dowry Prohibition Bill, 1960; (b) The Banking Service Commission Bill, 1977: (c) The Prevention of Terrorism Bill, 2002.

Budget in Parliament

The term “budget” has nowhere been used in the Constitution. The Constitution refers to the budget as the “annual financial statement”. It is described in Article 112 of the Constitution. It is not a bill. Every year the budget is presented by the finance minister in the Lok Sabha. The budget is a statement of the estimated receipts and expenditure of the Government of India in a financial year, which begins on 1 April and ends on 31 March of the following year. The budget also contains the following information related to:

• Estimates of revenue and capital receipts.
• Ways and means to raise the revenue.
• Estimates of expenditure.
• Details of the actual receipts and expenditure of the closing financial year.
• Economic and financial policy of the coming year.

Before 2017, the Government of India had two budgets, namely, the Railway Budget and the General Budget. The railway budget consists of the estimates of receipts and expenditures of only the Ministry of Railways. While the general budget consists of the estimates of receipts and expenditures of all the ministries of the Government of India (except the railways). The railway budget was separated from the general budget in 1924 on the recommendations of the Ackworth Committee Report (1921). In August 2016, the Central Government decided to merge the railway budget into the general budget. At present, only one budget is presented by the Government of India, which is known as the Union Budget.

Constitutional Provisions-

The Indian Constitution contains the following provisions with regard to the enactment of budget:

• At the beginning of every financial year, the President shall, in respect to financial year, cause to be laid before both Houses of Parliament a statement of estimated receipts and expenditures of the Government of India for that year.
• No demand for a grant shall be made except on the recommendation of the President.
• No money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law.
• No money bill imposing tax shall be introduced in the Parliament except on the recommendation of the President, and such a bill shall be introduced in the Lok Sabha.
• No tax shall be levied or collected except by authority of law.
• Parliament can reduce or abolish a tax but cannot increase it.
• The budget shall distinguish expenditure on revenue accounts from other expenditure.
• The expenditure charged on the Consolidated Fund of India shall not be submitted to the vote of Parliament. However, it can be discussed by the Parliament.
• The estimates of expenditure embodied in the budget should show separately the expenditure charged on the Consolidated Fund of India and the expenditure made from the Consolidated Fund of India.

Charged Expenditure-

The budget consists of two types of expenditure – the expenditure ‘charged’ upon the Consolidated Fund of India and the expenditure ‘made’ from the Consolidated Fund of India.  The charged expenditure is not subject to a vote in Parliament. It can only be discussed in Parliament. However, the other type of expenditure has to be voted on by Parliament. The list of the expenditure charged upon the Consolidated Fund of India is as follows:

• Emoluments and allowances of the President and other expenditure relating to his office.
• Salaries and allowances of the Chairman and the Deputy Chairman of the Rajya Sabha and the Speaker and the Deputy Speaker of the Lok Sabha.
• Salaries, allowances and pensions of the judges of the Supreme Court.
• Pensions of the judges of high courts.
• Salary, allowances and pension of the Comptroller and Auditor General of India
• Salaries, allowances and pension of the chairman and members of the Union Public Service Commission.
• Administrative expenses of the Supreme Court, the office of the Comptroller and Auditor General of India and the Union Public Service Commission including the salaries, allowances and pensions of the persons serving in these offices.
• The debt charges for which the Government of India is liable, including interest, sinking fund charges and redemption charges and other expenditure relating to the raising of loans and the service and redemption of debt.
• Any sum required to satisfy any judgement, decree or award of any court or arbitral tribunal.
• Any other expenditure declared by the Parliament to be so charged.

Stages in Enactment-

The budget goes through the following six stages in the Parliament:

• Presentation of Budget: The budget is presented to the Lok Sabha by the Finance Minister of India. The finance minister presents the General Budget with a speech known as the “budget speech.” There shall be no discussion of the budget on the day on which it is presented to the House. The budget is laid before the Rajya Sabha, which can only discuss it and has no power to vote on the demands for grants.
• General Discussion:  A few days after the presentation of the budget, the general discussion on the budget begins. It takes place in both Houses of Parliament and usually lasts three to four days. During this stage, the Lok Sabha can discuss the budget as a whole or any question of principle involved therein, but no cut motion can be moved nor can the budget be submitted to the vote of the House. The finance minister has a general right of reply at the end of the discussion.
• Scrutiny by Departmental Committees: The Houses are adjourned for about three to four weeks after the general discussion on the budget is over. During this gap period, the 24 departmental standing committees of Parliament examine and discuss in detail the demands for grants of the concerned ministers and prepare reports on them. These reports are submitted to both the Houses of Parliament for consideration.
• Voting on Demands for Grants: The Lok Sabha takes up voting on demands for grants based on the reviews of the reports of the departmental standing committees. Voting on demands for grants is the exclusive privilege of the Lok Sabha. In other words, the Rajya Sabha has no power to vote on the demands for grants. The demands are presented ministry wise. A demand becomes a grant after it has been duly voted. However, each demand is voted on separately by the Lok Sabha. During this stage, the members of Parliament can discuss the details of the budget. They can also propose motions to reduce any grant demand. Such motions are called “cut motions,” which are of three kinds: policy cut motion, economy cut motion and token cut motion.
• Passing of Appropriation Bill: The Constitution states that “no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law.” Therefore, an appropriation bill is introduced to provide for the appropriation out of the Consolidated Fund of India, all money required to meet: (a) The grants voted by the Lok Sabha. (b) The expenditure charged on the Consolidated Fund of India. No such amendment can be proposed to the appropriation bill in either house of the Parliament that will have the effect of varying the amount or altering the destination of any grant voted, or of varying the amount of any expenditure charged on the Consolidated Fund of India.
• Passing of Finance Bill: The Finance Bill is introduced to give effect to the financial proposals of the Government of India for the following year. It is subjected to all the conditions applicable to a Money Bill. The amendments can be moved in the case of the finance bill.

Funds-

The Indian Constitution provides for the following three kinds of funds for the central government:

• Consolidated Fund of India: Article 266 (1) of the Indian Constitution is related to the Consolidated Fund of India. This fund includes (a) all revenues received by the Government of India; (b) all loans raised by the Government by the issue of Treasury bills, loans, or other ways and means of advances; and (c) all money received by the Government in repayment of loans. All the legally authorised payments on behalf of the Government of India are made out of this fund. No money out of this fund can be appropriated (issued or drawn) except in accordance with a parliamentary law.
• Public Account of India:  Article 266 (2) of the Indian Constitution is related to the Public Account of India. This includes provident fund deposits, judicial deposits, savings bank deposits, departmental deposits, remittances and so on. This account is operated by executive action. In other words, the payments from this account can be made without parliamentary appropriation. Such payments are mostly in the nature of banking transactions.
• Contingency Fund of India: Article 267 of the Indian Constitution is related to the Contingency Fund of India. It is a fund kept by the Union Government to meet any unforeseen expenditure for which money is immediately needed. The President has full control over this Fund. The fund is held by the finance secretary on behalf of the president. The President permits withdrawals from this Fund. Like the public account of India, it is also operated by executive action.

Functions and Powers of Parliament

The Parliament is the supreme legislative body. The functions and powers of the Indian Parliament can be classified under the following heads:

• Legislative Powers and Functions: Basically, the primary function of Parliament is to make laws for the governance of the country. It legislates on the subjects mentioned in the Union List and the Concurrent List by the Constitution. If there is a clash between the Union government and the State government regarding any concurrent subject, the central law will prevail. Besides, if there is any subject not mentioned in any list, known as residuary subjects, it comes under the jurisdiction of the Parliament. The Parliament also legislates on the subjects mentioned in the State List under the following five abnormal circumstances: (a) When Rajya Sabha passed a resolution to that effect; (b) When a proclamation of National Emergency is in operation; (c) When two or more states make a joint request to the Parliament; (d) When necessary to give effect to international agreements, treaties and conventions; (e) When President’s Rule is in operation in the state. All the ordinances issued by the president (during the recess of the Parliament) must be approved by the Parliament within six weeks after its reassembly. An ordinance becomes inoperative if it is not approved by the parliament within that period.
• Executive Powers and Functions: In a parliamentary system of government there is a close relationship between the legislature and the executive. The executive is responsible to the legislature for all its acts. The Prime Minister and his Council of Ministers are responsible to the Parliament individually as well as collectively. The Parliament exercises control over the Executive through question-hour, zero hour, half-an-hour discussion, short duration discussion, calling attention motion, adjournment motion, no-confidence motion, censure motion and other discussions. It also supervises the activities of the Executive with the help of its committees like committee on government assurance, committee on subordinate legislation, etc. The council of ministers can be removed from office by the Lok Sabha by passing a no-confidence motion. The Lok Sabha can express lack of confidence in the government in the following ways: (a) By not passing a motion of thanks on the President’s inaugural address; (b) By rejecting a money bill; (c) By passing a censure motion or an adjournment motion; (d) By passing a cut motion; (e) By defeating the government on a vital issue.
• Financial Powers and Functions: No tax can be levied or collected and no expenditure can be incurred by the Executive except under the authority and with the approval of Parliament. The budget is approved by the Parliament every year. It sanctions, from time to time, money to the government to enable it to run the administration effectively and successfully. The Parliament may pass, reduce or reject the demands for grants presented to it by the government. The Parliament also scrutinises government spending and financial performance with the help of its financial committees.
• Constitutional Powers and Functions: The Parliament is vested with the powers to amend the Constitution by way of addition, variation or repeal of any provision. The major part of the Constitution can be amended by the Parliament with special majority. Some other provisions of the Constitution can be amended by the Parliament with simple majority. Only a few provisions of the Constitution can be amended by the Parliament by special majority and with the consent of at least half of the State Legislatures by simple majority. However, the power to initiate the process of the amendment of the Constitution lies exclusively in the hands of the Parliament and not the state legislature.
• Judicial Powers and Functions: The judicial powers and functions of the Parliament include the following: (a) It can impeach the President for the violation of the Constitution; (b) It can remove the Vice-President from his office; (c) It can recommend the removal of judges (including chief justice) of the Supreme Court and the high courts, chief election commissioner, comptroller and auditor general to the President; (d)  It can punish its members or outsiders for the breach of its privileges or its contempt.
• Electoral Powers and Functions: The Parliament participates in the election of the President (along with the state legislative assemblies) and elects the Vice- President. The Lok Sabha elects its Speaker and Deputy Speaker, while the Rajya Sabha elects its Deputy Chairman. The Parliament is also authorised to make laws to regulate the elections to the offices of President and Vice-President, to both the Houses of Parliament and to both the Houses of state legislature.

Position of Rajya Sabha

The Constitutional position of the Rajya Sabha (as compared with the Lok Sabha) can be studied in three ways:

• Where Rajya Sabha is equal to Lok Sabha.
• Where Rajya Sabha is unequal to Lok Sabha.
• Where Rajya Sabha has special powers that are not at all shared with the Lok Sabha.

Equal Status with Lok Sabha-

In the following matters, the powers and status of the Rajya Sabha are equal to that of the Lok Sabha:

• Election and impeachment of the President.
• Introduction and passage of ordinary bills.
• Introduction and passage of Constitutional amendment bills.
• Introduction and passage of financial bills involving expenditure from the Consolidated Fund of India.
• Election and removal of the Vice-President.
• Making recommendation to the President for the removal of Chief Justice and judges of Supreme court and High court, chief election commissioner and Comptroller and auditor general.
• Approval of ordinances issued by the President.
• Approval of proclamation of all three types of emergencies by the President.
• Selection of ministers including the Prime Minister.
• Consideration of the reports of the constitutional bodies like Finance Commission, Union Public Service Commission, etc.
• Enlargement of the jurisdiction of the Supreme court and the Union Public Service Commission.

Unequal Status with Lok Sabha-

In the following matters, the powers and status of the Rajya Sabha are unequal to that of the Lok Sabha:

• A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha.
• Rajya Sabha cannot amend or reject a Money Bill. It should return the bill to the Lok Sabha within 14 days, either with recommendations or without recommendations.
• A financial bill, not containing solely the matters of Article 110, also can be introduced only in the Lok Sabha and not in the Rajya Sabha. But, with regard to its passage, both the Houses have equal powers.
• The final power to decide whether a particular bill is a Money Bill or not is vested in the Speaker of the Lok Sabha.
• The Speaker of Lok Sabha presides over the joint sitting of both the Houses.
• Rajya Sabha can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the Lok Sabha).
• A resolution for the discontinuance of the national emergency can be passed only by the Lok Sabha and not by the Rajya Sabha.
• The Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion. This is because the Council of ministers is collectively responsible only to the Lok Sabha.

Special Powers of Rajya Sabha-

The Rajya Sabha has been given four special powers that are not enjoyed by the Lok Sabha:

• It can authorise the Parliament to make a law on a subject enumerated in the State List.
• It can authorise the Parliament to create new All-India Services common to both the Centre and states.
• Only Rajya Sabha can initiate a move for the removal of the vice-President.
• If a proclamation is issued by the President for imposing national emergency or president’s rule or financial emergency at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place within the period allowed for its approval, then the proclamation can remain effective even if it is approved by the Rajya Sabha alone.

Parliamentary Committees

The functions of the Parliament are varied, complex and voluminous. It has neither the adequate time nor necessary expertise to make a detailed scrutiny of all legislative measures and other matters. Therefore, it is assisted by a number of committees in the discharge of its duties.

The Indian Constitution makes a mention of these committees at different places, but without making any specific provisions regarding their composition, tenure, functions, etc. All these matters are dealt by the rules of two Houses. Thus, a parliamentary committee must fulfil the following four conditions:

• Is appointed or elected by the House or nominated by the Speaker / Chairman.
• Works under the direction of the Speaker / Chairman.
• Presents its report to the House or to the Speaker / Chairman.
• Has a secretariat provided by the Lok Sabha / Rajya Sabha.

The consultative committees, which also consist of members of Parliament, are not parliamentary committees as they do not fulfil the four conditions for becoming parliamentary committees. Parliamentary committees are of two kinds:

• Standing committees
• Ad hoc committees.

Standing Committees

The standing committees are permanent in nature. These committees work on a continuous basis and are constituted every year or periodically. On the basis of the nature of functions performed by them, standing committees can be classified into the following six categories:

• Financial Committees
• Departmental Standing Committees
• Committees to Inquire
• Committees to Scrutinise and Control
• Committees Relating to the Day- to-Day Business of the House
• House-Keeping Committees or Service Committees

Financial Committees-

Public Accounts Committee: The public accounts committee was set up first in 1921 under the provisions of the Government of India Act of 1919 and has since been in existence. At present, it consists of 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha). The term of office of the members is one year. The members are elected by the Parliament every year from amongst its members according to the principle of proportional representation by means of the single transferable vote.  It ensures that all parties get due representation in it. A minister cannot be elected as a member of the committee. The chairman of the committee is appointed from amongst its members by the Speaker. Since 1967 a convention has developed whereby the chairman of the committee is selected invariably from the Opposition. The function of the public accounts committee is to examine the annual audit reports of the Comptroller and Auditor General of India, which are laid before the Parliament by the President.

Estimates Committee: The first Estimates Committee was constituted in 1950 on the recommendation of John Mathai. He was finance minister of India. Originally, it had 25 members but in 1956 its membership was raised to 30. All the 30 members are from Lok Sabha only. The term of office of the members is one year. The members are elected by the Lok Sabha every year from amongst its members according to the principle of proportional representation by means of the single transferable vote.  It ensures that all parties get due representation in it. A minister cannot be elected as a member of the committee. The chairman of the committee is appointed from amongst its members by the Speaker. He is invariably from the ruling party. The function of the committee is to examine the estimates included in the budget and suggest ‘economies’ in public expenditure.

Committee on Public Undertakings: This committee was created in 1964 on the recommendation of the Krishna Menon Committee. At present, it consists of 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha). The term of office of the members is one year. The members are elected by the Parliament every year from amongst its members according to the principle of proportional representation by means of the single transferable vote.  It ensures that all parties get due representation in it. A minister cannot be elected as a member of the committee. The chairman of the committee is appointed by the Speaker from amongst its members who are drawn from the Lok Sabha only.

Departmental Standing Committees-

On the recommendation of the Rules Committee of the Lok Sabha, 24 Department-related Standing Committees have been constituted in the Parliament. The main objective of the standing committees is to secure more accountability of the Executive to the Parliament, particularly financial accountability. They also assist the Parliament in debating the budget more effectively. The 24 standing committees cover under their jurisdiction all the ministries / departments of the Central Government. Each standing committee consists of 31 members (21 from Lok Sabha and 10 from Rajya Sabha). The members of the Lok Sabha are nominated by the Speaker from amongst its own members. Similarly, the members of the Rajya Sabha are nominated by the Chairman from amongst its members. The term of office of each standing committee is one year from the date of its constitution. A minister is not eligible to be nominated as a member of any of the standing committees. Out of the 24 standing committees, 8 work under the Rajya Sabha and 16 under the Lok Sabha.

Committees to Inquire-

Committee on Petitions: This committee examines petitions on bills and on matters of general public importance. The Lok Sabha committee consists of 15 members, while the Rajya Sabha committee consists of 10 members.

Committee of Privileges: This committee examines the cases of breach of privileges of the House and its members and recommends appropriate action. The Lok Sabha committee consists of 15 members, while the Rajya Sabha committee consists of 10 members.

Ethics Committee: This committee was constituted in Rajya Sabha in 1997 and in Lok Sabha in 2000. It enforces the code of conduct of members of Parliament. It examines the cases of misconduct and recommends appropriate action.

Committees to Scrutinise and Control-

Committee on Government Assurances: This committee examines the assurances, promises and undertakings given by ministers from time to time on the floor of the House and reports on the extent to which they have been carried through. It was constituted in 1953.

Committee on Subordinate Legislation: This committee examines and reports to the House whether the powers to make regulations, rules, sub-rules and bye-laws delegated by the Parliament or conferred by the Constitution to the Executive are being properly exercised by it. It was constituted in 1953.

Committee on Papers Laid on the Table: This committee examines all papers laid on the table of the House by ministers to see whether they comply with provisions of the Constitution or the related Act or Rule. It was constituted in 1975.

Committee on Welfare of Scheduled Castes and Scheduled Tribes: The functions of this committee are: (a) to consider the reports of the National Commission for the Scheduled Castes and the National Commission for the Scheduled Tribes; (b) to examine all matters relating to the welfare of Scheduled Castes and Scheduled Tribes, like implementation of constitutional and statutory safeguards, working of welfare programmes, etc. This committee consists of 30 members (20 from Lok Sabha and 10 from Rajya Sabha).

Committee on Empowerment of Women: This committee consists of 30 members (20 from Lok Sabha and 10 from Rajya Sabha). It was constituted in 1997. It considers the reports of the National Commission for Women and examines the measures taken by the Union Government to secure status, dignity and equality for women in all fields.

Joint Committee on Offices of Profit: This committee consists of 15 members (10 from Lok Sabha and 5 from Rajya Sabha). This committee examines the composition and character of committees and other bodies appointed by the Central state and union territory governments and recommends whether persons holding these offices should be disqualified from being elected as members of Parliament or not.

Committees Relating to the Day- to-Day Business of the House-

Business Advisory Committee: The Lok Sabha business advisory committee consists of 15 members including the Speaker as its chairman. Similarly, Rajya Sabha business advisory committee consists of 10 members including the Chairman as its ex-officio chairman. This committee regulates the programme and time table of the House. It allocates time for the transaction of legislative and other business brought before the House by the government.

Rules Committee: The Lok Sabha rules committee consists of 15 members including the Speaker as its ex-officio chairman. Similarly, the Rajya Sabha rules committee consists of 16 members including the Chairman as its ex-officio chairman. This committee considers the matters of procedure and conduct of business in the House and recommends necessary amendments or additions to the rules of the House.

Committee on Absence of Members: It is a special committee of the Lok Sabha and consists of 15 members. There is no such committee in the Rajya Sabha and all such matters are dealt by the House itself. This committee considers all applications from members for leave of absence from the sittings of the House and examines the cases of members who have been absent for a period of 60 days or more without permission.

Committee on Private Members Bills and Resolutions: It is a special committee of the Lok Sabha and consists of 15 members including the Deputy Speaker as its chairman. There is no such committee in the Rajya Sabha. This committee classifies bills and allocates time for the discussion on bills and resolutions introduced by private members.

House-Keeping Committees-

General Purposes Committee: This committee considers and advises on matters concerning affairs of the House, which do not fall within the jurisdiction of any other parliamentary committee.

House Committee: This committee deals with the residential accommodations of members and other amenities, like food, medical aid, etc., accorded to them in their houses and hostels. Both the Houses have their respective house committees.

Library Committee: This committee considers all matters relating to the library of the Parliament and assists the members in utilising the library’s services. This committee consists of 9 members (6 from Lok Sabha and 3 from Rajya Sabha).

Joint Committee on Salaries and Allowances of Members: This committee was constituted under the Salary, Allowances and Pension of Members of Parliament Act, 1954. It frames rules for regulating payment of salary, allowances and pension to members of Parliament. This committee consists of 15 members (10 from Lok Sabha and 5 from Rajya Sabha).

Ad Hoc Committees

The ad hoc committees are temporary in nature. Such committees cease to exist on completion of the task assigned to them. The ad hoc committees can be classified into the following two categories:

• Inquiry Committees: These committees are constituted from time to time, either by the two Houses on a motion adopted on their behalf or by the Speaker/Chairman, to inquire into and report on specific subjects.
• Advisory Committees: These committees include select and joint committees on bills, which are appointed to consider and report on particular bills. They are concerned with bills and the procedure to be followed by them is laid down in the Rules of Procedure and the Directions by the Speaker/ Chairman.

Parliamentary Forums

The parliamentary forums provide a platform for the members to have interactions with the ministers concerned, experts and key officials from the nodal ministries with a view to having a focused and meaningful discussion on critical issues with a result-oriented approach for speeding up the implementation process. The first Parliamentary Forum on Water Conservation and Management was constituted in the year 2005. At present, there are eight Parliamentary forums. They are as follows:

• Parliamentary Forum on Water Conservation and Management (2005)
• Parliamentary Forum on Youth (2006)
• Parliamentary Forum on Children (2006)
• Parliamentary Forum on Population and Public Health (2006)
• Parliamentary Forum on Global Warming and Climate Change (2008)
• Parliamentary Forum on Disaster Management (2011)
• Parliamentary Forum on Artisans and Crafts-people (2013)
• Parliamentary Forum on Millennium Development Goals (2013)

Composition of the Parliamentary Forums-

The speaker of Lok Sabha is the ex-officio President of all the Forums except the Parliamentary Forum on Population and Public Health wherein the Chairman of Rajya Sabha is the ex-officio President and the Speaker is the ex-officio, Co-President.

The Deputy Chairman of Rajya Sabha, the Deputy Speaker of Lok Sabha, the concerned Ministers, and the Chairman of department-related Standing Committees are the ex-officio Vice-Presidents of the respective forums.

Each forum consists of not more than 31 members (excluding the President, Co-President, and Vice-President) out of whom not more than 21 are from Lok Sabha and not more than 10 are from the Rajya Sabha.

Members (other than the President, Co-President and Vice-President) of these forums are nominated by the Speaker/Chairman from amongst the leaders of various political parties/groups or their nominees, who have special knowledge/ keen interest in the subject.

The duration of the office of members of the forum is co-terminus with their membership in the respective Houses. A member may also resign from the forum by writing to the Speaker/Chairman.

Parliamentary Group

Indian Parliamentary Group (IPG) is an autonomous body. It was formed in the year 1949 in pursuance of a motion adopted by the Constituent Assembly. The membership of Indian Parliamentary Group (IPG) is open to all members of Parliament. The former members of Parliament can also become associate members of the Group. But the associate members are entitled to limited rights only. They are not entitled to representation at meetings and conferences of the Inter-Parliamentary Union (IPU) and the Commonwealth Parliamentary Association (CPA). They are also not entitled to the travel concessions provided to members by certain branches of the Commonwealth Parliamentary Association (CPA).

The Speaker of the Lok Sabha is the ex officio president of the Group. The Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha are the ex officio vice-presidents of the Group. The Secretary-General of the Lok Sabha acts as the ex officio Secretary-General of the Group. The aims of the Indian Parliamentary Group (IPG) are as follows:

• To promote personal contacts between members of the Parliament of India.
• To study questions of public importance that are likely to come up before the parliament; arrange seminars, discussions and orientation courses; and bring out publications for the dissemination of information to the members of the Group.
• To arrange lectures on political, defence, economic, social and educational problems by members of the parliament and distinguished persons.
• To arrange visits to foreign countries with a few to view to develop contacts with members of other parliaments.