Parliament: Organisation, Composition, Powers and Procedures

The Parliament is the supreme legislative institution of the Union government. It holds a pre-eminent position in India's democratic framework, owing to the adoption of the Westminster (parliamentary) model of government. Articles 79 to 122 in Part V of the Constitution govern its organisation, composition, duration, officers, procedures, privileges, and powers.

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The Parliament of India is constituted by three elements:

• The President
• The Council of States (Rajya Sabha) — Upper House / House of Elders
• The House of the People (Lok Sabha) — Lower House / Popular House

The Hindi names 'Rajya Sabha' and 'Lok Sabha' were formally adopted in 1954.

Role of the President: The President is not a member of either House and does not attend parliamentary sittings. Yet, he is an integral part of Parliament because no bill passed by both Houses can become law without his assent. He also summons and prorogues both Houses, dissolves the Lok Sabha, addresses Parliament, and issues ordinances during recess.

Contrast with USA: In the American system, the President is not part of the legislature (Congress = Senate + House of Representatives). India follows the British pattern — 'President-in-Parliament' mirrors 'Crown-in-Parliament'. This reflects parliamentary interdependence between the legislature and executive, unlike the separation of powers in the presidential model.

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Rajya Sabha (Upper House)

Allocation of seats is governed by the Fourth Schedule of the Constitution.

1. State Representation: Elected by members of state legislative assemblies through proportional representation via single transferable vote (STV). Seats are allocated based on population — hence states vary (UP has 31; Tripura has 1).
2. Union Territory Representation: Only Delhi and Puducherry have Rajya Sabha seats, elected through special electoral colleges using STV. Other five UTs have negligible population.
3. Nominated Members (12): Appointed by the President from persons with distinguished expertise in art, literature, science, or social service — enabling eminent individuals to contribute without contesting elections. (The American Senate has no nominated members.)

Lok Sabha (Lower House)

1. State Representation: Directly elected by citizens from territorial single-member constituencies on the basis of universal adult franchise. Voting age was reduced from 21 to 18 by the 61st Constitutional Amendment Act, 1988.
2. Union Territory Representation: Parliament enacted the Union Territories (Direct Election to the House of the People) Act, 1965 enabling direct elections from UTs.
3. Nominated Members (Anglo-Indian): The President may nominate 2 Anglo-Indian members if the community is inadequately represented. This provision, originally operative till 1960, was extended to 2020 by the 95th Amendment Act, 2009.

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Territorial Constituencies

The Constitution ensures two forms of uniformity:

• Between states: Ratio of Lok Sabha seats to population is the same across all states (except states with population below 6 million).
• Within a state: Ratio of population to seats is uniform across constituencies in the same state.

The term 'population' refers to figures from the most recently published census.

Delimitation and Census-linked Adjustments

• Parliament enacts Delimitation Commission Acts (1952, 1962, 1972, 2002) to readjust seats after each census.
• The 42nd Amendment Act, 1976 froze seat allocation at 1971 levels until 2000.
• The 84th Amendment Act, 2001 extended the freeze to 2026 to encourage population-control measures. It also permitted territorial rationalisation based on 1991 census.
• The 87th Amendment Act, 2003 shifted the base to the 2001 census for delimitation, without altering the number of seats per state.

Reservation of Seats for SCs and STs

• Seats are reserved proportionally based on SC/ST population ratios.
• Reserved seat members are elected by all voters in the constituency — no separate electorate.
• SC/ST members may also contest unreserved (general) seats.
• Originally valid till 1960, now extended to 2020 (95th Amendment Act, 2009).
• Refixing of reserved seats was updated to the 2001 census basis by the 87th Amendment Act, 2003.

Why Proportional Representation Was Not Adopted for Lok Sabha

The Constitution adopted territorial representation (First-Past-the-Post / simple majority) for Lok Sabha, despite proportional representation (PR) being used for Rajya Sabha and state legislative council elections.

Reasons PR was rejected for Lok Sabha:

1. Complexity — low literacy levels at the time made the system difficult for voters.
2. Tendency to fragment political parties, leading to governmental instability.

Demerits of PR:

• Expensive to implement.
• No scope for by-elections.
• Weakens direct voter-representative contact.
• Strengthens party machinery over individual voter influence.
• Promotes minority thinking and group interests.

Two types of PR exist: Single Transferable Vote (STV) — used in India for Rajya Sabha, state councils, and President/Vice-President elections — and List System.

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Rajya Sabha

• Permanent body — not subject to dissolution.
• One-third of members retire every two years; term of each member is six years (set by Representation of the People Act, 1951, not the Constitution itself).
• Retiring members are eligible for re-election or renomination any number of times.

Lok Sabha

• Normal term: Five years from first sitting after general elections.
• Automatically dissolves on expiry of term.
• President can dissolve it earlier (not challengeable in court).
• Extension: During a national emergency, Parliament may extend its term by one year at a time; but such extension cannot continue beyond six months after the emergency ceases.

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Qualifications

Constitutional requirements:

• Must be a citizen of India.
• Must subscribe to the constitutional oath/affirmation (allegiance to the Constitution, sovereignty and integrity of India).
• Minimum age: 30 years for Rajya Sabha, 25 years for Lok Sabha.
• Must possess additional qualifications prescribed by Parliament.

Statutory requirements (Representation of the People Act, 1951):

• Must be a registered voter in any parliamentary constituency (residency in the state for Rajya Sabha was removed in 2003; upheld by Supreme Court in 2006).
• Must belong to the relevant SC/ST community for reserved seats (but can also contest general seats).

Disqualifications

Constitutional disqualifications (Article 102):

1. Holding an office of profit under Union or state government (ministers and Parliament-exempted offices excepted).
2. Declared of unsound mind by a court.
3. Undischarged insolvency.
4. Voluntarily acquired foreign citizenship or acknowledged allegiance to a foreign state.
5. Disqualified under any Parliamentary law.

Statutory disqualifications (Representation of the People Act, 1951):

• Conviction for election offences or corrupt practices.
• Imprisonment for two or more years (preventive detention excluded).
• Failure to lodge election expense accounts within stipulated time.
• Interest in government contracts or works.
• Holding a profit-making position in a corporation with at least 25% government shareholding.
• Dismissed from government service for corruption or disloyalty.
• Convicted for promoting communal enmity or bribery.
• Punished for practising untouchability, dowry, or sati.

Decision on disqualification: President's decision is final but must be based on the Election Commission's opinion.

Disqualification on Ground of Defection (Tenth Schedule)

A member is disqualified if:

1. He voluntarily gives up membership of the party on whose ticket he was elected.
2. He votes or abstains against his party's direction in the House.
3. An independently elected member joins any political party.
4. A nominated member joins any party after expiry of six months.

The Speaker (Lok Sabha) and Chairman (Rajya Sabha) decide defection cases — not the President. Since 1992 (Kihota Hollohan case), the Supreme Court ruled these decisions are subject to judicial review.

Vacating of Seats

1. Double membership: Cannot serve in both Houses simultaneously. Must choose within 10 days; default leads to Rajya Sabha seat becoming vacant. Similarly, cannot hold both parliamentary and state legislature seats — Parliament seat vacated if state seat not resigned within 14 days.
2. Disqualification: Seat vacates automatically.
3. Resignation: Written resignation to Speaker/Chairman; Chairman/Speaker may refuse if resignation appears involuntary.
4. Absence: Sixty consecutive days of absence without permission vacates the seat (excluding prorogation or adjournments of more than four days).
5. Other cases: Election declared void by court; expulsion by House; election as President or Vice-President; appointment as Governor.

Oath or Affirmation

Before taking their seat, every MP must subscribe to an oath before the President or his nominee, pledging:

• Allegiance to the Constitution.
• Upholding sovereignty and integrity of India.
• Faithful discharge of duties.

Without taking the oath, a member cannot vote, participate in proceedings, or claim parliamentary privileges. Sitting or voting before taking oath attracts a penalty of ₹500 per day.

Salaries and Allowances

• Parliament determines salaries; the Constitution does not specify amounts.
• The Salaries, Allowances and Pension of Members of Parliament Act was enacted in 1954.
• Pension is provided from 1976, on a graduated scale per five-year term.
• Salaries of the Speaker and Rajya Sabha Chairman are charged on the Consolidated Fund of India and are not subject to Parliament's annual vote.

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Speaker of Lok Sabha

Election and Tenure:

• Elected by Lok Sabha members soon after the House's first sitting.
• Remains in office for the life of the Lok Sabha.
• Vacates office if: (a) ceases to be a Lok Sabha member, (b) resigns by writing to the Deputy Speaker, or (c) removed by absolute majority of all Lok Sabha members (14 days' notice required).
• Does not vacate on dissolution — continues till the new Lok Sabha meets.
• During removal proceedings, cannot preside but may speak and can vote in the first instance (unlike normal sitting where he does not vote).

Powers and Functions:

1. Maintains order and decorum; primary responsibility with final authority.
2. Final interpreter of the Constitution, Rules of Procedure, and parliamentary precedents within the House.
3. Adjourns the House or suspends the meeting for lack of quorum (quorum = one-tenth of total strength, i.e., 55 members).
4. Does not vote in the first instance; casts a casting vote only in case of a tie.
5. Presides over joint sittings of both Houses.
6. Can allow secret sittings at the Leader of the House's request.
7. Certifies whether a bill is a money bill — decision is final and unchallengeable in courts.
8. Decides defection disqualification cases under the Tenth Schedule.
9. Ex-officio Chairman of the Indian Parliamentary Group and the conference of presiding officers.
10. Appoints chairmen of all parliamentary committees; personally chairs Business Advisory, Rules, and General Purpose Committees.

Independence and Impartiality:

• Security of tenure (removal only by absolute majority).
• Salary charged to the Consolidated Fund of India.
• Work and conduct cannot be discussed in Lok Sabha except on a substantive motion.
• Regulatory powers over House proceedings are outside court jurisdiction.
• Placed 7th in order of precedence, equivalent to the Chief Justice of India.
• In Britain, the Speaker resigns from his party upon election — this convention is not fully established in India.

Sources of Speaker's Powers: Constitution of India; Rules of Procedure and Conduct of Business of Lok Sabha; Parliamentary Conventions.

Deputy Speaker of Lok Sabha

• Elected by Lok Sabha after the Speaker's election; date fixed by the Speaker.
• Same conditions of removal as Speaker (14 days' notice; absolute majority).
• Not subordinate to the Speaker — directly responsible to the House.
• Automatically becomes chairman of any parliamentary committee he is a member of.
• Cannot vote in first instance while presiding; exercises casting vote in a tie.
• When Speaker presides, Deputy Speaker functions as an ordinary member.
• From the 11th Lok Sabha onwards, a convention has emerged: Speaker from ruling party/alliance, Deputy Speaker from main opposition.
• Both the Speaker and Deputy Speaker take no separate oath or affirmation on assuming office.

Historical Note: The offices of Speaker and Deputy Speaker originated in 1921 under the Government of India Act of 1919 (Montague-Chelmsford Reforms). They were then called President and Deputy President. In 1925, Vithalbhai J. Patel became the first Indian and first elected Speaker of the Central Legislative Assembly. The Government of India Act of 1935 renamed these offices 'Speaker' and 'Deputy Speaker'. G V Mavalankar was the first Speaker and Ananthasayanam Ayyangar was the first Deputy Speaker of the Lok Sabha.

Panel of Chairpersons (Lok Sabha)

• Speaker nominates up to ten members as chairpersons.
• Any of them can preside in the absence of the Speaker and Deputy Speaker.
• Cannot preside when the offices of both Speaker and Deputy Speaker are vacant — then President appoints a member for the purpose.

Speaker Pro Tem

• Appointed by the President when the outgoing Speaker vacates office before the first sitting of a newly-elected Lok Sabha.
• Usually the seniormost member is selected.
• Administered oath by the President himself.
• Administers oath to new members and enables election of the new Speaker.
• Office ceases when the new Speaker is elected — a temporary office.

Chairman of Rajya Sabha

• The Vice-President of India is the ex-officio Chairman of Rajya Sabha.
• Can be removed from Chairmanship only by removal from the Vice-Presidency.
• Not a member of the Rajya Sabha (unlike the Speaker who is a member of Lok Sabha).
• Cannot vote in the first instance; can cast a deciding vote in a tie.
• When a resolution for his removal is under consideration, cannot preside but cannot vote at all (unlike the Speaker who can vote in first instance during his own removal proceedings).
• Salary charged on the Consolidated Fund of India.

Two exclusive powers of the Speaker not enjoyed by the Chairman:

1. Certification of money bills.
2. Presiding over joint sittings.

Deputy Chairman of Rajya Sabha

• Elected by Rajya Sabha from its members.
• Vacates office if: ceases to be a member; resigns to the Chairman; or removed by absolute majority of Rajya Sabha (14 days' notice).
• Not subordinate to the Chairman — directly responsible to Rajya Sabha.
• Exercises the Chairman's powers when the latter is absent or the VP is acting as President.

Secretariat of Parliament

• Each House has a separate secretariat headed by a Secretary-General — a permanent officer appointed by the presiding officer of the respective House.

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Leader of the House

• In Lok Sabha: The Prime Minister (if an LS member), or a PM-nominated minister who is an LS member.
• In Rajya Sabha: A minister who is a Rajya Sabha member, nominated by the PM.
• Can nominate a deputy leader. Called 'majority leader' in the USA.

Leader of the Opposition

• Leader of the largest Opposition party with at least one-tenth of the total strength of the House.
• Accorded statutory recognition in 1977; entitled to salary and allowances equivalent to a Cabinet Minister.
• First officially recognised in 1969.
• Called 'minority leader' in the USA.
• Britain's 'Shadow Cabinet' concept: Opposition mirrors the Cabinet, preparing an 'alternate government' — Ivor Jennings called the leader of the Opposition the 'alternative Prime Minister'.

Whip

• Not mentioned in the Constitution, Rules of the House, or any Parliamentary statute — based entirely on parliamentary conventions.
• Appointed by each party to ensure member attendance and voting discipline.
• Members must follow whip directives; non-compliance can invite disciplinary action.

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Summoning

• The President summons each House from time to time.
• Maximum gap between two sessions: 6 months — Parliament must meet at least twice a year.
• Three regular sessions per year:
  1. Budget Session (February–May)
  2. Monsoon Session (July–September)
  3. Winter Session (November–December)

Key Terms

• Session: Period from first sitting to prorogation (or dissolution for Lok Sabha).
• Recess: Period between prorogation and reassembly.
• Adjournment: Terminates a sitting for a specified time (hours, days, weeks) — done by presiding officer.
• Adjournment Sine Die: Termination for an indefinite period — also by presiding officer, who can reconvene the House before the adjourned date.
• Prorogation: Terminates not just a sitting but a whole session — done by the President. All pending notices (except bills) lapse; fresh notices required for next session. Bills pending before the House do not lapse on prorogation (unlike in Britain).
• Dissolution: Ends the very life of the Lok Sabha; Rajya Sabha is not dissolved. All pending business in Lok Sabha lapses.

Effect of Dissolution on Bills

Quorum

• One-tenth of total membership including the presiding officer.
• Lok Sabha: 55 members; Rajya Sabha: 25 members.

Voting

• Decided by simple majority of members present and voting (excluding presiding officer).
• Special majority required for: impeachment of President, Constitutional amendment, removal of presiding officers, etc.
• Presiding officer casts casting vote only in a tie.

Language in Parliament

• Hindi and English are the official languages for parliamentary business.
• Presiding officer may permit members to address in their mother tongue.
• Though English was to end after 15 years (i.e., 1965), the Official Languages Act, 1963 allowed its continuation.

Rights of Ministers and Attorney General

• May speak and participate in proceedings of either House, any joint sitting, and any committee — without being entitled to vote.
• A minister from Lok Sabha may participate in Rajya Sabha proceedings, and vice versa.

Lame-Duck Session

• The last session of an existing Lok Sabha after a new Lok Sabha has been elected. Members who fail to win re-election are called lame-ducks.

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Question Hour

• First hour of every sitting.
• Three types of questions:
  • Starred (Green list): Oral answer; supplementary questions can follow.
  • Unstarred (White list): Written answer; no supplementary questions.
  • Short Notice (Light Pink list): Notice of less than 10 days; answered orally.
  • Questions to Private Members (Yellow list): On bills or matters for which that member is responsible.

Zero Hour

• Starts immediately after Question Hour.
• Not mentioned in Rules of Procedure — an informal device.
• Members can raise any urgent matter without prior notice.
• An Indian innovation, in existence since 1962.

Motions — Classification

Principal Categories:

1. Substantive Motion: Self-contained, independent proposal on an important matter (e.g., impeachment of President).
2. Substitute Motion: Replaces the original motion; if adopted, supersedes the original.
3. Subsidiary Motion: Has no independent meaning; subdivided into:
   • Ancillary Motion: For proceeding with business.
   • Superseding Motion: Supersedes an ongoing debate.
   • Amendment: Modifies part of the original motion.

Closure Motions (to stop debate):

1. Simple Closure: The matter has been sufficiently debated; put to vote.
2. Closure by Compartments: Bill clauses grouped; each group debated and voted as a whole.
3. Kangaroo Closure: Only important clauses taken up; others skipped and deemed passed.
4. Guillotine Closure: Undiscussed clauses also put to vote when time runs out.

Other Important Motions:

• Privilege Motion: Moved to censure a minister for withholding or distorting facts, constituting a breach of parliamentary privilege.
• Calling Attention Motion: Calls a minister's attention to an urgent public matter to seek an authoritative statement. Mentioned in Rules; an Indian innovation since 1954.
• Adjournment Motion: To draw attention to a definite urgent public matter; requires support of 50 members. Involves censure of the government; not available to Rajya Sabha. Discussion should last not less than 2.5 hours.
• No-Confidence Motion (Article 75): Council of ministers is collectively responsible to Lok Sabha; can be removed by a no-confidence motion. Requires support of 50 members.
• Censure Motion: Distinguished from No-confidence motion (see table below).
• Motion of Thanks: On President's address at the start of a session; must be passed — defeat signals loss of parliamentary confidence in the government.
• No-Day-Yet-Named Motion: Admitted by Speaker but date for discussion not yet fixed.

Censure Motion vs. No-Confidence Motion:

Point of Order

• Raised when proceedings deviate from normal rules.
• Must relate to the Rules or Constitution articles governing House business.
• Suspends proceedings; no debate allowed.

Half-an-Hour Discussion

• For matters of sufficient public importance needing factual elucidation.
• Speaker can allot three days a week; no formal motion or voting.

Short Duration Discussion (Two-Hour Discussion)

• For urgent public matters; maximum two hours.
• Speaker allots two days a week; no formal motion or voting. In existence since 1953.

Special Mention

• Matters not raisable under any other device in Rajya Sabha.
• Equivalent in Lok Sabha is 'Notice (Mention) Under Rule 377'.

Resolutions

• Three types:
  1. Private Member's Resolution: By non-minister members; discussed only on alternate Fridays (afternoon).
  2. Government Resolution: By a minister; can be taken up Monday to Thursday.
  3. Statutory Resolution: By minister or private member; tabled pursuant to a Constitutional or statutory provision.
• All resolutions are substantive motions; all resolutions must be put to vote (unlike motions in general).

Youth Parliament

• Launched on the recommendation of the Fourth All India Whips Conference.
• Objectives: Familiarise youth with parliamentary procedures; instil discipline and democratic values.

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Types of Bills

By introducer:

• Public (Government) Bill: By a minister; reflects government policy; 7 days' notice; rejection may cause government resignation.
• Private Member's Bill: By any non-minister MP; 1 month's notice; rejection has no government confidence implication.

By subject matter:

1. Ordinary Bills
2. Money Bills
3. Financial Bills (I and II)
4. Constitutional Amendment Bills

Ordinary Bills — Five Stages

1. First Reading: Introduction and publication in the Gazette; no debate.
2. Second Reading (most important):
   • General Discussion: Principles debated; House may take up immediately, refer to Select Committee, refer to Joint Committee, or circulate for public opinion.
   • Committee Stage: Select/Joint Committee examines clause-by-clause; can amend without altering underlying principles.
   • Consideration Stage: Each clause debated and voted separately; amendments may be added.
3. Third Reading: Debate only on acceptance or rejection of the bill as a whole; no amendments permitted; passed by simple majority.
4. Bill in the Second House: Passes through same three readings. Second House may: (a) pass unchanged; (b) amend and return; (c) reject; (d) keep pending. If disagreement persists for six months, a joint sitting is called by the President.
5. President's Assent:
   • Assent → becomes law.
   • Withholds assent → bill ends.
   • Returns for reconsideration → if both Houses pass again (with or without amendment), President must give assent (suspensive veto only).

Money Bills (Article 110)

Definition: A bill is a money bill if it contains only provisions related to:

1. Imposition/abolition/regulation of any tax.
2. Regulation of government borrowing.
3. Custody/withdrawal of money from the Consolidated Fund or Contingency Fund.
4. Appropriation out of the Consolidated Fund.
5. Declaration of expenditure charged on the Consolidated Fund.
6. Receipt/custody/audit of Consolidated Fund or Public Account money.
7. Any matter incidental to the above.

Not a money bill merely because it provides for: Fines/penalties; fees for licences/services; local body taxation.

Procedure:

• Can only be introduced in Lok Sabha, on the President's recommendation.
• Only a minister can introduce it.
• After Lok Sabha passes it, sent to Rajya Sabha — which can only recommend changes; cannot reject or amend.
• Rajya Sabha must return within 14 days (with or without recommendations).
• Lok Sabha may accept or reject Rajya Sabha recommendations; in either case, bill is deemed passed by both Houses.
• If Rajya Sabha does not return within 14 days, bill is deemed passed.
• President may assent or withhold assent — cannot return for reconsideration.
• Speaker's certification is final and unchallengeable.

Financial Bills (I) — Article 117(1)

• Contains matters of Article 110 plus other general legislation matters.
• Like a money bill: can only be introduced in Lok Sabha and only on President's recommendation.
• Unlike a money bill: Rajya Sabha can reject or amend it (except tax-increasing amendments without presidential recommendation); joint sitting possible; President can return for reconsideration.

Financial Bills (II) — Article 117(3)

• Contains provisions involving expenditure from the Consolidated Fund, but no Article 110 matters.
• Treated as an ordinary bill in all respects.
• Special feature: cannot be passed by either House unless the President recommends consideration (not introduction, but passage).
• Can be introduced in either House; Rajya Sabha can reject or amend; joint sitting possible; President can return.

Joint Sitting of Two Houses

When convened: When a deadlock arises after one House has passed a bill and the other:

1. Rejects it.
2. Finally disagrees on amendments.
3. Does not pass it within six months.

Applicable to: Ordinary bills and Financial Bills (I) and (II) only — not to Money Bills (Lok Sabha has overriding power) and not to Constitutional Amendment Bills (each House must pass separately).

Procedure:

• President summons the joint sitting.
• Speaker of Lok Sabha presides; in his absence, Deputy Speaker; then Deputy Chairman of Rajya Sabha; then such person as the House determines.
• Chairman of Rajya Sabha cannot preside — he is not a member of either House.
• Quorum: one-tenth of combined membership of both Houses.
• Governed by Rules of Procedure of Lok Sabha.
• Passed by simple majority of members present and voting.
• No new amendments can be proposed except those causing the deadlock and those necessitated by delay.
• Lok Sabha, with larger numbers, usually prevails.

Three instances of joint sitting since 1950:

1. Dowry Prohibition Bill, 1960 (joint sitting: 6 May 1961).
2. Banking Service Commission (Repeal) Bill, 1977 (joint sitting: 16 May 1978).
3. Prevention of Terrorism Bill, 2002 (joint sitting: 26 March 2002).

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Constitutional Framework

• 'Budget' is the popular name; the Constitution uses the term 'Annual Financial Statement' (Article 112).
• Financial year: 1 April to 31 March.

Budget contains:

• Estimates of revenue and capital receipts.
• Methods of revenue generation.
• Expenditure estimates.
• Actual receipts/expenditure of closing year with reasons for deficit/surplus.
• Economic and financial policy for coming year.

Two budgets: Railway Budget (railways only) and General Budget (all ministries except railways).

• Railway Budget was separated in 1921 on the recommendations of the Acworth Committee to introduce flexibility and ensure railway financial autonomy.
• In August 2016, the Central Government decided to merge the Railway Budget into the General Budget (part of Modi government's reform agenda).

Constitutional Provisions on Budget

1. President causes the annual financial statement to be laid before both Houses.
2. No grant demand without President's recommendation.
3. No withdrawal from the Consolidated Fund except under parliamentary appropriation.
4. No money bill imposing tax introduced without Presidential recommendation; must be introduced in Lok Sabha only.
5. No tax without legal authority.
6. Parliament can reduce or abolish a tax but cannot increase it.
7. Rajya Sabha cannot vote on demands for grants — exclusive to Lok Sabha.
8. Rajya Sabha must return money/finance bills within 14 days.

Charged vs. Voted Expenditure

Charged Expenditure (non-votable — only discussable):

• President's emoluments and office expenses.
• Salaries of Chairman/Deputy Chairman (RS) and Speaker/Deputy Speaker (LS).
• Salaries, allowances and pensions of Supreme Court judges.
• Pensions of High Court judges.
• Salary/allowances/pension of Comptroller and Auditor General.
• Salary/allowances/pension of UPSC Chairman and members.
• Administrative expenses of SC, CAG, and UPSC.
• Government debt charges (interest, sinking fund, redemption).
• Any sum required to satisfy court/tribunal judgments.
• Any other expenditure declared so by Parliament.

Six Stages of Budget Enactment

1. Presentation: Railway Budget (third week of February) → General Budget (last working day of February). Finance Minister delivers budget speech in Lok Sabha; budget simultaneously laid before Rajya Sabha.
2. General Discussion: 3–4 days in both Houses; Lok Sabha can discuss but not vote or move cut motions.
3. Scrutiny by Departmental Committees: Houses adjourned for 3–4 weeks; 24 departmental standing committees (set up in 1993, expanded 2004) examine ministry-wise demands and submit reports.
4. Voting on Demands for Grants: Lok Sabha votes on ministry-wise demands. Exclusive privilege of Lok Sabha. Members can move cut motions:
   • Policy Cut: Demand reduced to ₹1; signals policy disapproval.
   • Economy Cut: Demand reduced by a specified amount.
   • Token Cut: Demand reduced by ₹100; ventilates a specific grievance.
   • 26 days are allotted; on the last day, Speaker guillotines remaining demands.
5. Passing of Appropriation Bill: Authorises withdrawal from the Consolidated Fund. No amendment can alter grant amounts or destinations. Becomes Appropriation Act on Presidential assent. Vote on Account (granted for 2 months, 1/6 of total estimate) is passed first to tide over the period before the Appropriation Act is enacted.
6. Passing of Finance Bill: Gives effect to taxation proposals. Must be enacted within 75 days (Provisional Collection of Taxes Act, 1931). Amendments seeking to reduce/reject taxes are permissible. Finance Act legalises the income side of the budget.

Other Grants

Three Funds of India

1. Consolidated Fund of India (Article 266): All government revenues, loan proceeds, and loan repayments are credited here; all authorised payments debited from here. No withdrawal without Parliamentary appropriation.
2. Public Account of India (Article 266): All other public money (provident fund, judicial deposits, savings bank deposits, etc.) credited here. Operated by executive action — no parliamentary appropriation needed.
3. Contingency Fund of India (Article 267): Enacted by Parliament in 1950. Placed at the President's disposal for unforeseen expenditure pending parliamentary authorisation. Held by the Finance Secretary on behalf of the President. Operated by executive action.

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1. Legislative Powers

• Exclusive power over Union List (100 subjects) and Residuary subjects.
• Overriding power over Concurrent List (52 subjects) in case of conflict with state law.
• Parliament can legislate on State List (61 subjects) under five circumstances:
  1. Rajya Sabha passes a resolution by a special majority.
  2. National Emergency is in operation.
  3. Two or more states make a joint request.
  4. To fulfil international treaty obligations.
  5. President's Rule is in operation in the concerned state.
• Ordinances issued by President must be approved by Parliament within six weeks of reassembly.
• Parliament authorises delegated/subordinate legislation — executive makes detailed rules within the parent law's framework.

2. Executive Powers

• Parliament exercises control over the Executive through question hour, zero hour, discussions, adjournment motions, no-confidence motions, censure motions, etc.
• Ministers are collectively responsible to Parliament (specifically to Lok Sabha).
• Lok Sabha can express no-confidence by: defeating a money bill, passing a censure or adjournment motion, passing a cut motion, defeating the government on a vital issue, or not passing the Motion of Thanks on the President's address.

3. Financial Powers

• No tax or expenditure without parliamentary approval.
• Budget enactment legalises government finances.
• Financial committees (Public Accounts Committee, Estimates Committee, Committee on Public Undertakings) provide post-expenditure scrutiny.
• Rule of Lapse: Unspent grants at year-end revert to the Consolidated Fund — prevents reserve-building without parliamentary approval but causes 'March Rush' of expenditure.

4. Constituent Powers

• Parliament can amend the Constitution by:
  1. Simple majority.
  2. Special majority (majority of total membership + 2/3 of members present and voting in each House).
  3. Special majority + ratification by at least half the state legislatures.
• Parliament alone can initiate constitutional amendments (except: state legislatures can request creation/abolition of state legislative councils).
• The constituent power is limited by the basic structure doctrine (Kesavananda Bharati case, 1973; reaffirmed in Minerva Mills case, 1980).

5. Judicial Powers

• Can impeach the President for Constitution violation.
• Can remove the Vice-President from office.
• Can recommend removal of SC and HC judges, Chief Election Commissioner, and CAG to the President.
• Can punish members and outsiders for breach of parliamentary privilege or contempt of the House.

6. Electoral Powers

• Participates in Presidential election (along with state assemblies) and elects the Vice-President.
• Lok Sabha elects Speaker and Deputy Speaker; Rajya Sabha elects Deputy Chairman.
• Enacts laws regulating elections to President, Vice-President, Parliament, and state legislatures.

7. Other Functions

• Highest deliberative body in the country.
• Approves all three types of emergencies (national, state, financial).
• Can create or abolish state legislative councils.
• Can alter state boundaries, areas, and names.
• Can regulate jurisdiction of Supreme Court and High Courts; establish a common High Court for multiple states.

Ineffectiveness of Parliamentary Control

Key reasons why parliamentary control is more theoretical than real:

• Insufficient time and technical expertise among MPs.
• Complex nature of financial demands.
• Legislative initiative lies with the Executive.
• Large size of Parliament makes management difficult.
• Executive's majority support weakens effective criticism.
• Financial committees function post-expenditure (post-mortem nature).
• Increased use of guillotine limits financial scrutiny.
• Growth of delegated legislation expands bureaucratic power.
• Frequent ordinances dilute Parliament's legislative role.
• Weak opposition and declining parliamentary ethics.

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Areas of Equal Status with Lok Sabha

• Introduction and passage of ordinary bills, constitutional amendment bills, and Financial Bills (II).
• Election and impeachment of the President.
• Election and removal of the Vice-President (Rajya Sabha alone can initiate the removal of VP).
• Approval of Presidential ordinances and proclamation of all types of emergencies.
• Selection of the Prime Minister and ministers (can belong to either House).
• Recommending removal of SC/HC judges, CEC, and CAG.
• Consideration of reports of constitutional bodies (Finance Commission, UPSC, CAG).

Areas of Unequal Status (Lok Sabha's Superiority)

1. Money bills can only be introduced in Lok Sabha.
2. Rajya Sabha cannot amend or reject a money bill — only recommend.
3. Lok Sabha can accept or reject RS recommendations; bill is deemed passed either way.
4. Speaker of Lok Sabha certifies money bills and presides over joint sittings.
5. Lok Sabha with greater numbers dominates joint sittings.
6. Only Lok Sabha votes on demands for grants.
7. Only Lok Sabha can pass a no-confidence motion.
8. Only Lok Sabha can pass a resolution to discontinue a national emergency.

Special Powers Exclusive to Rajya Sabha

1. Article 249: Can authorise Parliament to legislate on a State List subject by a special majority resolution.
2. Article 312: Can authorise Parliament to create new All-India Services.

Overall Assessment

• Rajya Sabha is neither as weak as the British House of Lords nor as powerful as the American Senate.
• Except in financial matters and executive accountability, powers of Rajya Sabha are broadly coordinate with Lok Sabha.
• Its utility lies in: revising hasty legislation; providing representation to eminent experts; protecting state interests against central overreach.

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Meaning

Special rights, immunities, and exemptions enjoyed by the two Houses, their committees, and individual members — essential for maintaining parliamentary independence, authority, and dignity.

• Privileges extend to those entitled to speak in Parliament or its committees (e.g., Attorney General, Union ministers).
• Privileges do not extend to the President even though he is part of Parliament.

Classification

Collective Privileges (enjoyed by each House as a whole):

1. Right to publish its debates and proceedings; right to prohibit others from publishing (The 44th Amendment Act, 1978 restored press freedom to publish true reports — not applicable to secret sittings).
2. Can exclude strangers and hold secret sittings.
3. Can regulate its own procedure and adjudicate on its business.
4. Can punish members or outsiders for breach of privilege or contempt (by reprimand, admonition, imprisonment, suspension, or expulsion).
5. Right to receive immediate information of a member's arrest, detention, conviction, or release.
6. Can institute inquiries and summon witnesses and records.
7. Courts are prohibited from inquiring into House proceedings.
8. No arrest of any person, and no legal process can be served within House precincts without the presiding officer's permission.

Individual Privileges (enjoyed by each member personally):

1. Cannot be arrested during a session, and 40 days before and 40 days after each session — only in civil cases (not criminal or preventive detention).
2. Freedom of speech in Parliament — no liability in court for anything said or any vote given in Parliament or its committees (subject to Constitution and House rules).
3. Exempted from jury service; may refuse to appear as witness while Parliament is in session.

Breach of Privilege vs. Contempt of the House

• Breach of privilege: Attack on specific privileges of a member or the House.
• Contempt of House: Any act or omission that obstructs the House, its members, or officers in their functions, or tends to undermine the dignity or authority of the House.
• Contempt is broader — it includes actions that, though not breaches of any specific privilege, offend the dignity and authority of the House. E.g., disobeying a legitimate order of the House is not a breach of privilege but can be punished as contempt.

Sources of Parliamentary Privileges

1. Constitutional provisions.
2. Laws enacted by Parliament.
3. Rules of both Houses.
4. Parliamentary conventions.
5. Judicial interpretations.

Parliament has not yet codified all privileges into a single exhaustive law.

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British Parliamentary Sovereignty

According to A V Dicey, the British Parliament is sovereign in three senses:

1. It can make, amend, substitute or repeal any law.
2. It can amend the Constitution by the same procedure as ordinary laws (no distinction between constituent and legislative authority).
3. Its laws cannot be invalidated by the courts (no judicial review).

Why Indian Parliament Is NOT Sovereign

Four key constraints:

1. Written Constitution: The Constitution is the supreme law; Parliament must operate within its limits. Amending certain provisions requires state ratification. There is a legal distinction between legislative and constituent powers.
2. Federal System: Parliament's law-making authority is confined to the Union List, Concurrent List, and residuary subjects. The State List restricts its jurisdiction except in five extraordinary circumstances.
3. Judicial Review: Both the Supreme Court and High Courts can declare Parliamentary laws unconstitutional — void and ultra vires — if they violate the Constitution.
4. Fundamental Rights: Article 13 prohibits laws that abridge fundamental rights. Any Parliamentary law violating Part III is void.

Comparison:

• Indian Parliament ≈ American Congress — both legally restricted by a written Constitution, federal structure, judicial review, and a Bill/Charter of Rights.
• Both are clearly less powerful than the British Parliament in legal terms.