Union Legislature (Article 79 - 123)

Parliament of India (Article 79 - 123)

Article 79 states that there shall be a Parliament for the Union which shall consist of the President and two houses the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The President of India is not a member of either house. Bills in both houses require the assent of the President to become law. Parliament is the highest legislative body in India. Articles 79 to 122 of Part V of the Constitution of India deal with the formation, term and functioning of Parliament. Government of India is bicameral, Rajya Sabha is the upper house and Lok Sabha is the lower house. Those elected or nominated to either house of parliament are referred to as members of Parliament or MPs. The MPs of Lok Sabha are directly elected by the Indian public. The MPs of Rajya Sabha are elected by the members of State Legislative Assemblies, in accordance with proportional representation. The term parliament originated from the French word 'parler' which means 'to discuss', 'to talk'. The most important function of the Parliament is to legislate i.e, make legislations for the development which benefits the society. The second most important function is to exercise control over the Executive.

Articles 79 to 123

Article 79 - Constitution of Parliament

Article 80 - Composition of the Council of States

Article 81 - Composition of the House of the People

Article 82 - Readjustment after each census

Article 83 - Term of the Houses of Parliament.

Article 84 - Article dealing with the qualifications of a member of Parliament.

Article 85 - Prorogation and dissolution of the sessions of Parliament.

Article 86 - Right of the President to address the Houses and send messages

Article 87 - Special address by the President.

Article 88 - The article states that all ministers have the right to attend and speak in both houses of parliament, but cannot vote in either house.

Article 89 - Article dealing with the Chairman and Deputy Chairman of the Rajya Sabha.

Article 90 - Vacancy, resignation and removal from office of Deputy Chairman

Article 91 - Power of Deputy Chairman or other person to perform the duties of the office or to act as Chairman.

Article 92 - During the consideration of a resolution to remove from office, the Chairman or the Deputy Chairman shall not preside.

Article 93 - Article dealing with the Speaker and Deputy Speaker of the Lok Sabha.

Article 94 - Speaker and Deputy Speakers' Resignations and Vacations and Removals from Office

Article 95 - The Deputy Speaker's or another individual's authority to carry out the Speaker's duties

Article 96 - During the consideration of a resolution to remove from office, the Speaker or Deputy Speaker shall not preside.

Article 97 - Article dealing with the salary and allowances of the Chairman and Deputy Chairman of the Rajya Sabha. Also dealing with the salary and allowances of the Speaker and Deputy Speaker.

Article 98 - Secretariat of Parliament.

Article 99 - Oath of office of Members of Parliament.

Article 100 - Voting in the Houses, power of the Houses to function without suffering vacancies and quorum.

Article 101 - Vacation of Seats

Article 102 - Member Disqualifications

Article 103 - Decision on questions about member disqualifications

Article 104 - Penalties for sitting and voting prior to taking an oath or affirmation under Article 99, or while disqualified or not qualified 

Article 105 - The Houses of Parliament's powers, privileges, and other aspects, as well as those of its members and committees 

Article 106 - Salaries and allowances of Members of Parliament.

Article 107 - Article that deals with the conditions for passing a bill in Parliament.

Article 108 - Article dealing with the joint sitting of Parliament.

Article 109 - Article dealing with the special procedures of the Money Bill.

Article 110 - Definition of "Money Bills" 

Article 111 - Bill Assent

Article 112 - Annual Financial statement

Article 113 - Parliamentary Procedure Concerning Estimates

Article 114 - Bills for Appropriations 

Article 115 - Extra, supplemental, or surplus grants

Article 116 - Votes on Account, Votes of Credit and Extraordinary Grants

Article 117 - Particular clauses pertaining to financial bills

Article 118 - Procedure Rules

Article 119 - Regulation by law of procedure in Parliament with regard to financial business 

Article 120 - Language to be used in Parliament.

Article 121 - An article that states that there should be no discussion in Parliament about the conduct of any judge of the Supreme Court or a High Court.

Article 122 - The article states that no court has the authority to question the proceedings of the House of Parliament, including the Speaker's ruling.

Article 123 - Power of President to promulgate ordinances during recess of Parliament.

Rajya Sabha - Council of States

Rajya Sabha or Council of States is the upper house of the Parliament. The name 'Rajya Sabha' was adopted by the Council of States in 1954. The Rajya Sabha was first constituted on April 3, 1952. Rajya Sabha held its first sitting on 13 May 1952. The Fourth Schedule of the Constitution provides for the distribution of seats in the Rajya Sabha from states and union territories. Rajya Sabha consists of 250 members out of which 238 shall be representatives of states and twelve members to be nominated by the President, who shall be persons having special knowledge or practical experience in the field of Literature, Science, Art and Social Service. The Council of State is a permanent house and is not subject to dissolution. Its one third members retire after every two years. Thus, a member of this house enjoys a term of six years. To become a member of the Rajya Sabha he/she must be atleast 30 years of age. Other qualifications are same as in becoming a member of the Lok Sabha. The candidates are elected by the Legislative Assembly of States and Union Territories by means of single transferable vote through proportional representation. With 31 seats, Uttar Pradesh has the largest membership in Rajya Sabha. Any bill (non - financial), in general, has to be approved by Rajya Sabha even if approved by Lok Sabha. The first hour of every sitting usually is the Question Hour, unless the chairman otherwise directs. The Question Hour starts at 11.00 am and concludes at 12.00 noon on five days a week (from Monday to Friday) when the House sits.

Election Process

The Rajya Sabha members are elected through indirect elections from states and union territories. The people directly elect representatives to the state legislatures and the elected Legislative Assembly Members (MLAs) elect the Rajya Sabha members from their states. In Union territories, they are indirectly elected by members of an electoral college, that is constituted for this purpose. The method of proportional representation by means of single transferable vote is used for both state and union territories. Out of 8 union territories, Puducherry (1), Delhi (3) and Jammu and Kashmir (4) have representation in Rajya Sabha.

Chairman

The Vice-President of India is the ex-officio chairman of the Rajya Sabha. He presides over the proceedings of the Rajya Sabha as long as he does not act as the President of India during a vacancy in the office of the President.

Deputy Chairman

The Deputy Chairman is elected by the Rajya Sabha from amongst its members. In the absence of the Chairman, Deputy Chairman presides over the functions and proceedings of the House. In the presence of the Chairman, the Deputy Chairman has the status of an ordinary member. In this situation, the Deputy Chairman can speak in the House, cast votes, and take part in the proceedings of the House. Deputy Chairman shall vacate his office, if he ceased to be a member of the Council.

Leader of the House

Besides the Chairman and the Deputy Chairman there is the leader of the house. This is a cabinet minister - the Prime Minister if he is a member of the house or another nominated minister. The leader has a seat next to the chairman in the front row.

Panel of Chairperson in Rajya Sabha

The Chairman of the Rajya Sabha nominates a panel of Vice-Chairpersons from among the members. In the absence of the Chairman and the Deputy Chairman, a person from this panel conducts the proceedings of the House. In the absence of any member of the panel of Vice-Chairpersons, any other person designated by the House shall act as Chairman. However, when the office of Chairman or Deputy Chairman is vacant, a member of the panel of Vice-Chairpersons shall not be the Chairman of the House. In such cases, the duties of the Chairman shall be performed by a member of the House appointed by the President.

Lok Sabha - House of the People

Lok Sabha or House of People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by a direct election with universal adult suffrage. The Lok Sabha is limited to 552 members under the Constitution, with no more than 20 members representing Union Territories and two selected by the President to represent the Anglo-Indian community. Each Lok Sabha is created for a five-year tenure and is automatically dissolved unless prolonged by a proclamation of emergency. In such cases, the term may by extended by one year increment (in 1976 the term of 6th Lok Sabha was extended by one year (10 months and 6 days). The Lok Sabha was duly constituted for the first time on 17 April 1952 after the general elections. The first session of First Lok Sabha commenced on 13 May 1952. To be a member of the Lok Sabha the person must be a citizen of India, aged 25 or over, mentally sound, should not be bankrupt and the person must not be criminally convicted. When in session Lok Sabha holds its sittings usually from 11am to 1pm and from 2pm to 6 pm. The Lok Sabha does not usually meet on Saturdays, Sundays, or other closed holidays. Each state is assigned a number of seats in the Lok Sabha such that the ratio of that number to its population is the same across all of India. First dissolution of Lok Sabha was conducted on 4th Lok Sabha in 1971. 

The additional powers of Lok Sabha compared to Rajya Sabha

• Motion of no confidence against the Government can only be introduced and passed in the Lok Sabha.

• Money bills can only be introduced in the Lok Sabha.

• Lok Sabha has equal powers with Rajya Sabha in initiating and passing any Bill of Constitutional Amendment, passing a motion for the impeachment of President, Judges of Supreme Court and High Court.

• The Rajya Sabha becomes the only Parliament in the event that the Lok Sabha is dissolved, either before or after a National Emergency is declared. It cannot be dissolved.

• The nominated members have the right to cast their vote during confidence votes and other money bills. The only exception is that nominated members are not allowed to vote during presidential elections.

• Lok Sabha has its own TV channel, Lok Sabha TV, headquartered within the Parliament premises.

Speaker

The presiding officer of the lower house is the speaker. The Speaker is the ex-officio chairman of the Business Advisory Committee and the Rules Committee. The Speaker is elected by the members of the Lok Sabha from among themselves. The Speaker oversees the privileges of Lok Sabha members. If the office of speaker becomes vacant, the Lok Sabha elects a new member. The President determines the Speaker's election date. He resigns by writing to the Deputy Speaker. If the two houses cannot agree on approving a law other than a money bill, the president shall call a joint session of the two houses to resolve the disagreement, and the Speaker shall preside over the meeting. Normally, the Speaker has no voting rights in the House, but he can utilize a casting vote if there is a tie in adopting a bill, resolution, etc. Whenever the Lok Sabha is dissolved, the speaker remains in office until the newly elected Lok Sabha meets. The Speaker decides whether a bill is a money bill, and his decision in this question is final. His decision to accept motions, resolutions, bills, amendments, notifications of questions, etc., is final. He is not expected to give reasons for his decisions which cannot be questioned by any member.

In the absence of Speaker, Deputy Speaker will perform his duties, and he is elected by the members of Lok Sabha from among themselves. The Speaker's term runs from the day he or she is elected to the position until the first session of the new parliament begins. The speaker tenders his resignation just before the beginning of the first session of the new parliament. The early termination of the Speaker's tenure can be brought in by three factors.

a. If he ceases to be a member of the Lok Sabha.

b. If he resigns by writing to the deputy Speaker.

c. If a majority of Lok Sabha members pass a motion to dismiss him (14 days notice with 50 votes).

Whenever the house meets to remove the Speaker, he cannot preside over the sitting of the house. However he may take part in the proceedings and vote (not in case of equal vote).

Additional functions of the Speaker are

• He maintains order and decorum.

• To interpret the provisions of (a) the constitution, (b) Rules of Procedure and conduct of Business in the Lok Sabha, (c) the Parliamentary conventions within the house.

• He adjourns or suspends the meeting of the House.

• He allows a 'secret' sitting of the House.

• He decides the questions of disqualifications of a member of Lok Sabha.

• He acts as the ex-officio chairman of the Indian Parliamentary Group of the Inter-Parliamentary Union.

• He appoints the chairman of all the Parliamentary Committees of Lok Sabha.

Protem Speaker

According to the constitution, the President may designate a member as the Speaker Protem, who is typically the most senior member, since the Speaker vacates his office when the new Lok Sabha convenes. The President himself administers oath of office to him. Before the first session of the newly elected Lok Sabha, the old Lok Sabha Speaker vacates his seat and the senior-most member of the present Lok Sabha is appointed by the President as the Protem Speaker. The Speaker Protem (Protem Speaker) is the person who presides over the first sitting of the Lok Sabha of the new Lok Sabha members. The Protem Speaker has all the powers of the Speaker. The Protem Speaker is the person who administers the oath to all the new Lok Sabha members. The President administers the oath to the Protem Speaker. The election of the Speaker is conducted by the Protem Speaker. The Protem Speaker's term of office shall be till the election of the new Speaker.

Deputy Speaker

The Deputy Speaker presides over the Lok Sabha in the absence of the Speaker. The Deputy Speaker is also elected from among the members of the Lok Sabha. The date of election of the Deputy Speaker is decided by the Speaker. The Deputy Speaker can preside over a joint session of both the Houses of Parliament in the absence of the Speaker. The Deputy Speaker is accountable to the House, not to the Speaker. A special power of the Deputy Speaker is that if he becomes a member of any parliamentary committee, he automatically becomes its chairman. In the presence of the Speaker, the Deputy Speaker acts like an ordinary member. The Deputy Speaker can be removed from office by a resolution passed by a majority of the members of the Lok Sabha. Notice of the resolution must be given to the Parliament 14 days before the motion is introduced. The Speaker submits his resignation to the Deputy Speaker. The Deputy Speaker submits his resignation to the Speaker. The First Deputy Speaker of Lok Sabha is M. Ananthasayanam Ayyangar.

Panel of Chairperson in Lok Sabha

The Speaker under the Rules of Lok Sabha nominates a panel of ten chairpersons. In the absence of the Speaker and Deputy Speaker, any one of them may preside over the House. A member of this panel, however, cannot preside over the House when the Speaker's and Deputy Speaker's posts are vacant. In this case the President may appoint a person for presiding over the House.

Qualifications for a Member of Lok Sabha

• Must be a citizen of India

• The person must have completed 25 years of age

• Must possess such other qualifications as may be prescribed by Parliament

• The person must be a registered voter in any parliamentary constituency under the Representation of the People Act, 1951

• Only SC/ST candidates can contest from reserved SC/ST seats.

Election Process

The members of the Lok Sabha are directly elected by the people. Indian citizens who have completed 18 years of age are eligible to vote. Initially, the minimum voting age was 21. It was reduced to 18 by the 61st Amendment. There is no proportional representation in the Lok Sabha elections, but territorial representation. For the purpose of holding elections to the Lok Sabha, the country (or, in the case of a state assembly, the state) is divided into various constituencies of approximately equal population. One representative is elected from each constituency on the basis of universal adult suffrage. Under universal adult suffrage, each person's vote is of equal value. The seats in the Lok Sabha are determined on the basis of the 1971 census.

Term of the Lok Sabha

The term of the Lok Sabha is 5 years. The Lok Sabha can be dissolved before its term if the political parties or coalitions fail to form a government after the elections or if the Prime Minister advises the President to dissolve the Lok Sabha and hold fresh elections. The President has the power to dissolve the Lok Sabha. During the Emergency, the President has the power to extend the term of the Lok Sabha once for one year. However, this cannot continue for more than six months after the Emergency is lifted.

Casting vote

The Speaker does not normally vote on a bill introduced in Parliament or the Legislative Assembly. However, if there is a deadlock in the vote for and against the bill, the Speaker or the Speaker of the House may cast a vote to resolve the deadlock. Such a vote is called a casting vote.

Leader of the Lok Sabha

The leader of the Lok Sabha is the Prime Minister. However, if the Prime Minister is not a member of the Lok Sabha, he may choose one of the ministers to be the leader of the Lok Sabha.

Leader of the Opposition

The Leader of the Opposition shall be the leader of the largest opposition party. The party in question must have won 1/10 of the total seats. The position of the Leader of the Opposition is equivalent to that of a Cabinet Minister. The main role of the Leader of the Opposition is to constructively criticize the policies of the government and to raise an alternative government.

Whip

Although the posts of Leader of the House and Leader of the Opposition are not mentioned in the Indian Constitution, they are mentioned in the House Rules and the Parliamentary Act respectively. However, the whip is a post that is not mentioned in the Constitution and the House Rules or the Parliamentary Rules. All political parties, whether ruling or opposition, have the post of whip in Parliament. The whip is responsible for ensuring the presence of the party members and ensuring their support for or against a particular issue. The party whip is responsible for controlling and monitoring the conduct of party members in Parliament and prescribing punishment for those who violate it.

Disqualifications of a Member of Parliament

Central and state employees cannot contest (but this law does not apply to ministers and members of Parliament). People who are disqualified by a court and those with mental problems cannot contest. People who are bankrupt cannot contest. Anyone who is not an Indian citizen or has acquired foreign citizenship is not eligible to contest. Those who are disqualified under the Parliament Act also cannot contest.

Circumstances under which a Member of Parliament may resign

• If a person is elected to both Houses of Parliament, he must inform the authorities within 10 days of which House he wishes to continue in. Otherwise, he will lose his membership of the Rajya Sabha.

• If a sitting member of one House is elected to another House, he will lose his membership of the first House.

• If a person is elected to two seats in a House, he must inform them in which seat he wishes to continue. Otherwise, he will lose both his memberships.

• A person cannot be a member of Parliament and a State Legislative Assembly at the same time. If he is so elected, he will lose his membership of Parliament if he does not resign his seat in the State Legislative Assembly within 14 days.

• A member who becomes constitutionally disqualified will lose his membership of Parliament.

• If a member wishes to resign, he can resign from his position by writing a letter to the Chairman in the Rajya Sabha and the Speaker in the Lok Sabha.

• If a member of Parliament goes on leave for 60 consecutive days without giving any special notice in Parliament, his membership will be forfeited.

• If a member of Parliament is elected as the President, Vice President or Governor, his membership will be forfeited.

Sessions of Parliament

Usually, there are 3 sessions of Parliament in a year.

• Budget Session (February - May)

• Monsoon Session (July - September)

• Winter Session (November - December)

During this period, the House meets every day. A 'session' is the period from the first sitting of a House to its end. The period between the end of one session and the beginning of the next session is called Recess. Parliament must meet at least twice a year. The maximum period between two sessions of Parliament is 6 months. The President convenes the session of Parliament.

Powers and Functions of the Speaker of Lok Sabha

The Speaker is the presiding officer of the Lok Sabha. The Speaker is elected from among the members of the Lok Sabha. The Speaker and the Deputy Speaker are the presiding officers of the Lok Sabha. The date of the election of the Speaker is decided by the President. The Speaker of the previous Lok Sabha vacates his office immediately before the first meeting of the new Lok Sabha. It is the responsibility of the Speaker to maintain the dignity and authority of the Lok Sabha. 

Circumstances in which the Speaker of the Lok Sabha loses his office

• If he ceases to be a member of the Lok Sabha

• If the Deputy Speaker resigns

• If he is removed by a resolution passed by a majority of the members of the Lok Sabha (such a resolution can be removed only after giving 14 days' notice).

Once the Lok Sabha proceedings for the removal of the Speaker have been initiated, the Speaker is no longer eligible to hold office. However, he can speak and participate in the proceedings of the House during this time.

Powers and Responsibilities of the Speaker

• Presides over the Lok Sabha session.

• Decides whether a bill is a money bill or not.

• Casting vote is a special right of the Speaker to resolve constitutional crises.

• The Speaker appoints and controls various officers and employees of the Lok Sabha Secretariat.

• The Speaker is responsible for protecting the rights of the Lok Sabha members and Lok Sabha committees.

• The Speaker's decision is final in all parliamentary matters.

• The Speaker decides how the House should function in accordance with the Constitution.

• The Speaker has the power to suspend the House in the absence of a quorum. The quorum is one-tenth of the total strength of the House.

• The Speaker presides over the joint sitting of Parliament with the permission of the President.

• The Speaker has the power to grant secret sittings on the request of the Leader of the House.

• The Speaker has a decisive role in deciding the disqualification of a member of the Lok Sabha on the grounds of defection as per the provisions of the Tenth Schedule.

• The Speaker acts as the ex-officio chairman of the Indian Parliamentary Group, which is the link between the Indian Parliament and various parliaments of the world.

• The Speaker appoints the chairmen of all parliamentary committees of the Lok Sabha and supervises their functioning.

• The Speaker is also the chairman of the Business Advisory Committee, the Rules Committee and the General Purpose Committee.

Rights of the Speaker

• A resolution to remove the Speaker can be discussed and considered in the House only if it has the support of at least 50 members. He can be removed only by a resolution passed by the Lok Sabha with a special majority.

• The salary and allowances of the Speaker are fixed by Parliament. The amount for this is charged from the Consolidated Fund of India. These are not subject to an annual vote of Parliament.

• The Speaker's actions and proceedings cannot be discussed or criticized except through a resolution.

• No court has the power to question the proceedings of the House of Parliament, including the Speaker's rulings.

Parliamentary Devices

In a Parliamentary system, parliamentary devices are of much importance for the smooth running of the Houses. They are

1. Question hour

Parliamentary proceedings begin with Question Hour. The first hour of each sitting of Parliament is known as Question Hour. The time at which Question Hour begins in the Rajya Sabha has been changed since 2014. Question Hour now begins at 12 noon in the Rajya Sabha. The questions raised by the members of Parliament are answered by the ministers handling the respective departments. In addition to ministers, questions can also be asked to private members. There are usually three types of questions.

a. Starred questions

Questions that must be answered directly by the minister at the assembly level. Sub-questions can also be asked in connection with the question asked in accordance with the minister's reply. The Speaker decides whether the answer to the question should be given in writing or orally. A member has the right to ask only one starred question per day.

b. Unstarred Questions

The Minister does not have to answer such questions directly. A written answer can be placed on the table. Since it is a written answer, sub-questions cannot be raised for such questions.

c. Short Notice Questions

These are questions that raise questions on matters of urgent importance. Notice of not less than 10 days must be given for such questions.

To distinguish between starred questions, unstarred questions, short notice questions and the list of questions to private members, they are printed on green, white, light pink and yellow paper respectively.

2. Zero Hour

Zero Hour is an opportunity to raise matters of urgent importance without giving prior notice. Zero Hour is the time between Question Hour and the Agenda. It starts immediately after the question hour and lasts until the agenda for the day is taken up. Zero Hour is not mentioned in the Rules of Procedure of Parliament. Zero Hour was introduced in India in 1962. Zero Hour is India's contribution to parliamentary procedure. The duration of Zero Hour is one hour (from 12 noon to 1 am in the Lok Sabha). However, on some occasions, the duration of Zero Hour is more than one hour. In the Rajya Sabha, the procedure also begins with Zero Hour (from 11 am to 12 noon). Zero hour is an informal device available to the MPs to raise matters without any prior notice because it is not mentioned in the Rules of Procedure.

3. Point of Order

A member can protest against the proceedings of the House if he feels that they are going against the rules of the House and the normal working procedures. It is usually raised by the opposition member to control the government. A point of order is a motion to the Speaker indicating that the rules of the House or the Constitution are being violated. No discussion is allowed on a point of order.

4. Half-an-hour discussion

This is a discussion on matters of great public importance. The Speaker may allocate three days in a week for such discussions. There shall be no discussion, no motion or vote.

5. Short-duration discussion

Another name for short-duration discussion is two-hour discussion. The time allotted for this discussion shall not exceed two hours. Members of Parliament may raise such discussions on matters of urgent public importance. The Speaker may allocate two days in a week for such discussions. This system was started in 1953.

6. Special mention

Matters which cannot be raised during Question Hour, Half-an-hour discussion, Short-duration discussion, Point of Order or Adjournment Motion and which require the special attention of the Government may be presented in the Rajya Sabha. This is the Special Mention. Such issues can also be raised in the Lok Sabha through the procedure of 'Notice Under Rule 377'.

7. Resolutions

A resolution is one among the procedural devices to raise a discussion of general public interest. Resolutions are introduced by members of the House to draw the attention of the House or the Government to matters of public interest. Subject to the provisions of the rules, a member or a minister may move a resolution. All resolutions can be passed only by voting.

There are 3 types of resolutions

a. Private Member's Resolution: This is a resolution introduced by a Member of Parliament (private members) other than Ministers. It is discussed only on alternate Fridays and in the afternoon sitting.

b. Government Resolution: This is a resolution introduced by a Minister. It can be introduced on any day from Monday to Thursday.

c. Statutory Resolution: This can be introduced by a Minister or a Private Member. It is introduced in accordance with a provision in the Constitution or the Rules of Parliament.

Parliamentary Motions

A motion is a proposal by a member of the house for its opinion/decision. The person making the motion (except privileged motion) is known as the mover. He must first be recognized by the chairman as being entitled to speak this is known as obtaining the floor.

1. Closure Motion

It is moved by a member seeking to cut short the debate on a matter. If the motion is approved by the house the matter is immediately put to vote.

2. Privilege Motion

It 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 and information or by giving wrong information. Its purpose is to censure the concerned minister.

3. Call Attention Motion

It is introduced 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. It is an Indian innovation and has been in existence since 1954.

4. Motion of Papers

As the exercise of calling attention is not allowed in Rajya Sabha, it has 'Motion of Papers' by which a member calls the attention of a minister to a matter of urgent importance.

5. Adjournment Motion

It is introduced in the Parliament to draw attention of the house to definite matter of urgency with the support of 50 members. It is an extra ordinary device as it interrupts with normal business of the house. It is not exercised in the Rajya Sabha as it involves an element of censure against the government.

6. No Confidence Motion

The Lok Sabha can remove the ministry from office by passing a no-confidence motion as the later is responsible to the house of people. The motion requires the support of 50 members to be admitted.

7. Censure Motion

It is moved for censuring the Council of Ministers for specific policies and actions. It can be moved against individual ministers, group of ministers or the entire council of ministers. The motion can be moved only in lok sabha and by the opposition of the house.

8. Point of Order

It is raised 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.

9. Motion of Thanks

Whenever the President addresses the sessions of the parliament, his speech is discussed in both the houses of parliament on a motion. This procedure is called Motion of Thanks. This motion is to be passed other wise it will be the defeat of the Government.

10. Cut Motion

The members of the Lok Sabha has a veto power to oppose a demand in the financial bill discussed by the government. This is an effective tool to test the strength of the government. If a cut motion is adopted by the house and the government does not have the members, it is obliged to resign. They are moved in the Lok Sabha only. They are part of the budgetary process which seeks to reduce the amount for grants.

11. No-Day-Yet-Named Motion

It is admitted by the Speaker, without specifying the date of discussion. The day is fixed in consultation with the leader of the House or on the recommendations of the Business Advisory Committee.

12. Special Motion

A matter that can't be raised during the time of any other parliamentary device can be raised under the special mention in Rajya Sabha. The same procedure in Lok Sabha is called 'Notice Motion' under Rule 377.

Various terms in relation to the Parliamentary Sessions

1. Recess

The period, between the prorogation of a House and its reassembly in a new session is called Recess.

2. Adjournment

A sitting of Parliament can be terminated by Adjournment. An Adjournment suspends the work in a sitting for specified time which may be days or weeks. A session of Parliament consists of several meetings. Each session of a day consists of two sittings. That is, one sitting from 11 am to 1 pm and another from 2 pm to 6 pm. Such meetings may sometimes have a break. It may be for hours, days or weeks. This temporary break is called an adjournment.

3. Adjournment Sine Die

Adjournment Sine Die is the suspension of the session of the House and the dissolution of the House for an indefinite period without specifying when the next sitting will be. The presiding officer usually declares it when the business of a session is completed. However, in this situation, the Speaker can order the Parliament to convene at any time.

4. Prorogation

Prorogation is the termination of a session of the House. At the end of a session, the Presiding Officer declares that the session of Parliament is over. This is done by the President under Article 85 (2). It does not however affect the bills pending before the House; but the notices lapse.

5. Dissolution

The House is dissolved when the term of the current House expires. Only the Lok Sabha can be dissolved in this way. Since the Rajya Sabha is a permanent house, it cannot be dissolved. The President has the power to do this. After this, fresh elections are also organized to form a new house. All bills, motions, resolution notices, petitions and its committees lapse when the House is dissolved.

The Lok Sabha can be dissolved in two ways.

a. Automatic dissolution (i.e. when the term of 5 years is completed)

b. When the President decides to dissolve the House

When the Lok Sabha is dissolved, all the bills, resolutions, notices, petitions, etc. under its consideration become null and void. However, some bills that are to be examined by the Government Assurance Committee do not expire when the Lok Sabha is dissolved.

Circumstances in which Bills become void (in case of dissolution of Lok Sabha)

• Bills referred to Lok Sabha for consideration shall become void.

• Bills passed by Lok Sabha and sent to Rajya Sabha shall become void.

• A Bill not passed by both the Houses due to disagreement shall not lapse if the President has notified a joint session of Lok Sabha before dissolution of Lok Sabha.

• A Bill pending in Rajya Sabha shall not become void by reason of non-passage by Lok Sabha.

• A Bill passed by both the Houses shall not become void by reason of failure to obtain the assent of the President.

• A Bill passed by both the Houses shall not become void if the House is dissolved on the ground that the President has returned a Bill passed by both the Houses for reconsideration.

6. Voting

All matters before either House or a joint sitting of both the Houses shall be decided by a vote of the members other than the Presiding Officer. For ordinary business of the House, a simple majority shall be required. Special Majority is required for impeaching the President, amending the Constitution, removing the Presiding Officers of Parliament, etc.

7. Language of Parliament

As per the Constitution, Hindi and English are the official languages ​​of Parliament. However, the Presiding Officer may allow a member to address the House in his mother tongue. According to the Official Languages​​Act, 1963, English can be used in the House along with Hindi.

8. Quorum

It is the minimum number of members required to be present in the House before it transacts any business. A certain percentage of the members of the House must be present for a session to be held. This is called the quorum. The quorum for the session of Parliament is one-tenth (Lok Sabha - 55, Rajya Sabha - 25). In the case of states, ten or one-tenth, whichever is higher.

9. Filibuster

This is the method of prolonging the discussions in Parliament by strategically speaking in order to protect or achieve some special interests.

10. Gerrymandering

Gerrymandering is the practice of redefining constituencies in a way that benefits the current ruling political party in the next election.

11. Delimitation

Delimitation is the process of redefining the boundaries of the legislative assemblies. The Delimitation Commission is the commission that conducts the delimitation process. The years in which the Delimitation Commission was established in India are - 1952, 1963, 1973, 2002.

12. Lame Duck Session

The last session of the existing Lok Sabha after the election of a new Lok Sabha is called the Lame Duck Session. The members of the existing Lok Sabha who are not elected to the new Lok Sabha are called Lame Ducks.

13. Hung Parliament

A hung parliament is a parliament in which no party has a clear majority to form a government after a general election.

14. Coalition Government

A coalition government is a government formed by two or more parties after an election in which no party has a clear majority.

15. Expunction

Deletion of words, phrases of expression for the proceedings or records of the house by an order of the Speaker or from the proceedings or records of a committee by an order of the chairman of the committee.

16. Calendar of sittings

A provisional calendar of sittings circulated to members along with the summons for a session showing the days on which Lok Sabha is to sit and the nature of business to be transacted by it.

Joint Session of Parliament

A joint session is a constitutional mechanism for resolving differences in the two Houses of Parliament regarding the passing of a bill. Decision is taken by a majority of the total members present. After the passing of the bill in a joint sitting it is presented to the president for his assent. 

Circumstances that president can call joint sessions of two houses.

• If a bill passed by one house is rejected by the other house.

• When there is disagreement between the Houses regarding the amendments to be made to the bill

• When a bill received for consideration is not passed even after six months

Article 108 deals with a joint session. The concept of a joint session is borrowed from the Australian Constitution. The joint session of Parliament is convened by the President. The joint session is presided over by the Speaker of the Lok Sabha. In the absence of the Speaker of the Lok Sabha, the Deputy Speaker of the Lok Sabha presides. In the absence of the Speaker and the Deputy Speaker, the joint session is presided over by the Deputy Chairman of the Rajya Sabha. If the Deputy Chairman is also absent, another person chosen by the members present in the joint session will preside. The Vice President, who is the Chairman of the Rajya Sabha, cannot preside over the joint session as he is not a member of Parliament. The rules and procedures of the Lok Sabha are followed for the joint session. The quorum for a joint session is 1/10 of the total members of the Lok Sabha and the Rajya Sabha. The quorum is the minimum number of members required to commence a parliamentary proceeding.

Bills that can be passed through a joint session.

1) Ordinary Bill

2) Financial Bill Category 1

3) Financial Bill Category 2

Bills that cannot be passed through a joint session

1) Money Bill

2) Constitutional Amendment Bill

Legislature Procedure of Parliament

The main function of the parliament is to enact laws for the administration of the Union. The proposals for laws are called Bills. Bills are of two kinds - (1) Government Bills and (2) Private Members Bills. Government Bills are those bills which are introduced in the House by a Minister of the Union. Private Members Bills are those bills which are introduced by any member of parliament except Ministers. The legislative procedure adopted for passing Government and Private members bills is the same. Bills are further classified into Financial Bills (Money Bill, Financial Bill - 1, Financial Bill - 2), Constitutional Amendment Bills and Ordinary Bills. 

Legislative Procedure for passing the Money Bill

The prior consent of the president is required for introducing a Money Bill. A Money Bill can be introduced only in the Lok Sabha. A Money Bill is never considered by any joint Parliamentary Committee of both the Houses. The Money Bill is transmitted to the Rajya Sabha after it has been passed by the Lok Sabha. The Rajya Sabha has to return the Money Bill so transmitted within a period of 14 days from the date of sending. If the Rajya Sabha fails to return the Money Bill so transmitted within a period of 14 days from the date of sending. If the Rajya Sabha fails to return the Money Bill within 14 days, it shall be deemed to have been passed by Parliament in the manner it was passed by the Lok Sabha. The Rajya Sabha may return the Bill along with its recommendations and modifications to the Lok Sabha within 14 days but it is upto the Lok Sabha to accept such amendments in the Bill. If the Lok Sabha rejects the amendments proposed by the Rajya Sabha, the bill shall be deemed to have been passed by Parliament in the manner it was passed by the Lok Sabha. After the money bill is passed by Parliament, it is presented to the president for his assent. The president cannot send back a Money Bill to parliament for its reconsideration like in case of an ordinary bill. He has to grant his assent to the Money bills.

Legislative Procedure for passing the Ordinary Bill

All the bills, other than Financial Bills, Money Bills and the Constitutional Amendment Bills are ordinary Bills. The Ordinary Bills may be introduced in either House of Parliament. An Ordinary Bill may be introduced either by a Minister or by any other member of Parliament.

Parliament Budget (Article 112)

Budget is known as the Annual Financial Statement. It is an estimate of all anticipated receipts and expenditure of the union for the coming financial year. Budget is laid before parliament in the name of the parliament. Budget is presented on last working day of February of every year. Railway Budget is prepared by the Railway Minister and General Budget is prepared by the Finance Minister. Railway budget was separated from the general budget in 1921 on the recommendations of the Acworth committee. The financial year commences in India on 1st April each year. The Budget speech of the Finance Minister is usually in two parts. Part A deals with general economic survey of the country while Part B relates to taxation proposals. The 'Annual Financial Statement' is laid on the table of Rajya Sabha at the conclusion of the speech of the Finance Minister in Lok Sabha.

Vote on Account (Article 116)

This empowers the Lok Sabha to make any grant in advance for a part of any financial years to meet the expenditure of the Government between the introduction and passage of budget. It is passed usually after the general discussion on the Budget. Normally, the Vote on Account is taken for two months only. But during election year or when it is anticipated that the main Demands and Appropriation Bill will take longer time than two months, the Vote on Account may be for a period exceeding two months.

Important Parliamentary Committees

Parliamentary committee is appointed or elected by the house or nominated by the speaker/chairman. Presents the report to the house or to the speaker/chairman. Parliamentary committees are of two kinds - Standing Committee and Adhoc Committee.

1. The Standing Committees

Standing Committees are permanent and regular committees which are constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of procedure and Conduct of Business in Lok Sabha. The work of these committees is of continuous nature. The Financial Committees, Department Related standing committees and some other committees come under the category of standing committees.

Financial Committees

The three financial committees of the Parliament are Estimates Committee, Public Accounts Committee (PAC) and Committee on Public Undertakings.

i. Estimates Committee

Committee of 30 members (all from Lok Sabha) are elected on the principle of proportional representation, for one year term. A minister can't be elected to the committee. Its chairman nominated by the Speaker belongs to the opposition in the Lok Sabha. However, if the Deputy Speaker of the Lok Sabha is also a member of the Committee, he automatically becomes the Chairman of the Committee. The functions of the Estimate Committee is to scrutinize the budget estimates for the year, to suggest economy in expenditure, improvement in organisations and other subjects to increase efficiency.

ii. Public Accounts Committee (PAC)

The PAC committee was set up first in 1921 under the provisions of the government of india act of 1919. Public accounts committee is a joint committee consisting of 22 members (15 from Lok Sabha and 7 from Rajya Sabha). A member of the council of ministers cannot be elected as member of this committee. The Chairman of the PAC shall be the leader of the opposition of the Lok Sabha. The term of office of the committee is one year. Primary functions of PAC are,

(i) To examine and satisfy the money allotted by the parliament to the various departments through the budget, has been properly spend and that no public money is wasted.

(ii) To recommend the measures to be taken for streamlining public finance.

The comptroller and Auditor General of India serves as the friend, philosopher and guide of Public Accounts Committee. Public Accounts Committee and Estimate Committee together called the pillars of public finance. They are the two eyes which guard the public finance.

iii. Committee on Public Undertakings

Created in 1964 on the recommendation of the Krishna Menon Committee. Originally it had 15 members (10 from Lok Sabha and 5 from the Rajya Sabha). In 1974 membership was raised to 22 (15 from Lok Sabha and 7 from Rajya Sabha). It examines and sometimes supervises the functioning of Government owned companies or public undertaking including their finances. The Chairman of the Committee on Public Undertaking is appointed by the Speaker from the Lok Sabha members elected to the committee. Every year, one fifth members of the committee retires and new members are elected in their place.

Department Relating Standing Committees (DRSCs)

There are 24 Departmentally Related Standing Committees covering under their jurisdiction all the Ministers/Departments of the Government of India. Each of these committees consists of 31 members (21 from Lok Sabha and 10 from Rajya Sabha) to be nominated by the Speaker (Lok Sabha) and Chairman (Rajya Sabha) respectively. The term of office of these committees does not exceed one year. Out of 24 committees, 8 committees are serviced by the Rajya Sabha Secretariat and 16 committees by the Lok Sabha Secretariat.

The functions of these committees are,

(a) Consideration of Demands for Grants

(b) Examination of Bills referred to by the Chairman (Rajya Sabha) or the Speaker (Lok Sabha) as the case may be

(c) Consideration of Annual Reports

(d) Consideration of national basic long term policy documents presented to the Houses

Other Standing Committees

The Business Advisory Committee

Concerned with planning and regulation of the business of the house. Consists of 15 members including the Speaker of Lok Sabha who is the ex-officio Chairman. The members are nominated by the Speaker. In the Rajya Sabha, the Business Advisory Committee has 11 members including the chairman as its ex-officio chairman.

The Rules Committee

It lays down and amends rules of procedure for conducting the functions of the house. 15 members are in the committee. The ex-officio chairman is the Speaker of Lok Sabha. In Rajya Sabha, the Rules committee has 16 members including the chairman as its ex-officio chairman.

Committee on Petition

Examines petition made by the member of the house and give its opinion for remedial measures. It has 15 members. No minister can be its member.

Committee on Privileges

Primary purpose is to protect the privileges or special rights of the members of the house. It has 15 members, nominated by the speaker. Chairman is Deputy Speaker of Lok Sabha.

Committee on Subordinate Legislature

It was constituted in 1953. It ensures the rule making power delegated to the ministers and top officials is not misused and that the executive faithfully executes the law passed by the parliament. It has 15 members. No minister can be a member of this committee. It is constituted every year.

Joint Committee on Offices of Profit

It examines the composition and character of committees and other bodies appointed by the central, state and union territory. It recommends whether person holding these offices should be disqualified from being elected its members of parliament or not. It has 15 members (10 from Lok Sabha and 5 from Rajya Sabha).

Committee on Empowerment of Women

It was constituted in 1997. It consists of 30 members (20 from lok sabha and 10 from rajya sabha). It considers the reports of the National Commission for women.

Committee on the absence of Member

It examines the leave application of the members for their absence from the house. It had 15 members. Rajya Sabha has no such committee.

Committee on Government Assurances

This committee consists of 15 members nominated by the Speaker. A minister is not nominated to this committee. The functions of this committee are to scrutinize the assurances made by the ministers while replying to questions on the House or during discussions on Bills, Resolutions, Motions etc and to report to Lok Sabha on the extent to which such assurances etc have been implemented.

Committee on Papers laid on the Table

The committee consists of 15 members nominated by the speaker. Its function is to examine all papers laid on the table of the House of Ministers and to report to the House.

Committee on Private Members Bills and Resolutions

The committee consists of 15 members and the Deputy Speaker is its chairman when nominated as a member of the committee. The functions of the committee are to allot time to Private Members Bills and resolution, to examine Private Members Bills seeking to amend the constitution before their introduction in Lok Sabha and to classify them according to their nature, urgency and importance.

General Purpose Committee

The presiding officer of the concerned house is ex-officer chairman of the committee. The committee is constituted to advise on such adhoc matters concerning the affairs of the house and its member as do not appropriately fall within the purview of any other parliamentary committee and which may be referred to it from time to time.

House Committee

The House Committee consists of not more than twelve members appointed by the speaker. The committee holds office for a term not exceeding one year. A member may be re-nominated by the speaker to the new House Committee. The committee deals with all questions relating to residential accommodation for members of Lok Sabha and to exercise supervision over facilities for accommodation, food, medical aid and other amenities.

Joint Committee on Salaries and Allowances of MP

Ten Members of Lok Sabha and five members of Rajya Sabha are nominated by the Speaker (Lok Sabha) and the Chairman (Rajya Sabha) respectively. To make rules after consultation with the central government to provide for travelling and daily allowances, medical, housing, telephone, postal, water, electricity, constituency and secretarial facilities etc to members of both houses.

Library Committee

Library Committee consists of 9 members. 6 members of Lok Sabha and 3 member of Rajya Sabha nominated by the Speaker (Lok Sabha) and the Chairman (Rajya Sabha) respectively. It considers matters concerning the Library. It consider suggestions for the improvement of the Library and assist members of both houses in fully utilising the services provided by the Library. 

Committee on the welfare of Scheduled Castes and Scheduled Tribes

The committee consists of 30 members - 20 elected by Lok Sabha every year from amongst its members and 10 member nominated from Rajya Sabha. The chairman of the committee is appointed by the speaker. The term of the office of the members of the committee is one year. A minister is not eligible to be elected as a member of the committee. The function of the committee is to consider the reports submitted by the National Commission for the SC and ST and to report on the action taken by Government there on.

Ethics Committee

Created in Rajya Sabha in 1997 and in Lok Sabha in 2000. Ethics Committee enforces the code of conduct of members of Parliament.

2. Ad hoc Committees

Ad hoc Committees are appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report. Adhoc Committee can be divided into Inquiry Committees and Advisory Committees. Some Ad hoc committees are as follows.

i. Select and Joint Committees on Bills

A bill introduced in the house at its committee stage goes to a committee called select committee and it is meant for a particular bill. As soon as it completes its entrusted work, the committee is dissolved.

ii. Railway Convention Committee

The Railway Convention Committee is an ad hoc committee. The main function of the committee is to review the Rate of Dividend payable by the Railways undertaking to General Revenues as well as other ancillary matters in connection with the Railway Finance, the General Finance and make recommendations thereon.

Ordinance (Article 123)

According to Article 123, President can promulgate ordinances when both the houses of the parliament are not in session. These ordinances must be approved by the Parliament within the six weeks of its reassembly. The ordinance can be effective for a maximum period of six months and six weeks.