Lok Sabha’ Were Adopted by the Council of States and the House of People Respectively

Parliament Introduction

The Parliament is the legislative organ of the Union government. It occupies a pre-eminent and central position in the Indian democratic political system due to adoption of the parliamentary form of government.

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

• The Parliament of India consists of three parts viz, the President, the Council of States and the House of the People. • In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the Council of States and the House of People respectively. • The Rajya Sabha is the Upper House (Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First Chamber or Popular House). • The former represents the states and union territories of the Indian Union, while the latter represents the people of India as a whole. • Though the President of India is not a member of either House of Parliament and does not sit in the Parliament to attend its meetings, he is an integral part of the Parliament. Parliament Consist of

President Why President is part of Parliamenet

1. This is because a bill passed by both the Houses of Parliament cannot become law without the President’s assent. 2. He also performs certain functions relating to the proceedings of the Parliament, for example, he summons and prorogues both the Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when they are not in session, and so on. 3. In this respect, the framers of the Indian Constitution relied on the British pattern rather than the American pattern. 4. In Britain, the Parliament consists of the Crown (King or Queen), the House of Lords (Upper House) and the House of Commons (Lower House). 5. By contrast, the American president is not an integral part of the legislature. In USA, the legislature, which is known as Congress, consists of the Senate (Upper House) and the House of Representatives (Lower House). 6. The parliamentary form of government emphasises on the interdependence between the legislative and executive organs. 7. Hence, we have the ‘President-in-Parliament’ like the ‘Crown-in-Parliament’ in Britain. The presidential form of government, on the other hand, lays stress on the separation of legislative and executive organs. Hence, the American president is not regarded as a constituent part of the Congress. Lok Sabha Lok sabha Election

• 1st Lok Sabha Election took place in 1952. There were 489 seats elected. Congress won 364 out of 489 seats. Jawaharlal Nehru became the first Prime Minister. • 2019 Lok Sabha elections were country’s 17th General Elections. Elections took place for 552 seats. BJP won 303 seats out of 552. Narendra Modi is the Prime Minister. • In 1952, only 22 women were elected while in 2014, 49 women candidates were elected. • Elections to Lok Sabha are carried out using a first-past-the-post electoral system. Lok sabha

• The Lok Sabha, as per the Constitution, consists of not more than five hundred and thirty Members chosen by direct election from territorial constituencies in the States, not more than twenty Members to represent the Union Territories [Article 81] and not more than two Members of the Anglo-Indian Community to be nominated by the President, if he/she is of the opinion that the Anglo-Indian Community is not adequately represented in the Lok Sabha [Article 331]. • The limit on the maximum number of Members chosen directly from territorial constituencies in States may be exceeded if such an increase is incidental to the reorganisation of States by an Act of Parliament. Only IAS Nothing Else Tenure

• Unless sooner dissolved by the President, the Lok Sabha continues for five years from the date appointed for its first meeting and no longer, as the expiration of the period of five years operates as a dissolution of the House.

• However, while a Proclamation of Emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time and not exceeding in any case beyond a period of six months after the Proclamation has ceased to operate. Lok sabha

Quorum: The quorum to constitute a sitting of the House is one-tenth of the total number of Members of the House under article 100(3) of the Constitution. Elections: The Members of the Lok Sabha are elected through General Elections, held on the basis of universal adult suffrage on the basis of First Past the Post System. • When the seat of a Member elected to the House becomes vacant or is declared vacant, or his/her election is declared void, the same is filled through by-election. • Members are directly elected by the people from the territorial constituencies in the states • Election Principle used – Universal Adult Franchise • Eligibility to Vote: Any Indian Citizen of/above 18 years of age • Note: Voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment Act, 1988. Representation of Union Territories in Lok Sabha • Parliament is empowered to choose the members from the UTs in any manner as it desires • Election Principle used – Direct Election • Note: Union Territories (Direct Election to the House of the People) Act, 1965, has been enacted by which the members of Lok Sabha from the union territories are chosen by direct election.

Representation of Nominated Members in Lok Sabha: • President nominates 2 members from Anglo-Indian Community if they are not adequately represented. • Note: The provision to nominate Anglo-Indians was extended till 2020 by 95th Amendment Act, 2009. • The term Anglo-Indian can refer to at least two groups of people: those with mixed Indian and British (specifically English) ancestry and people of British/English descent born or living in India. Qualification for becoming a Member

To become a member of the Lok Sabha, a person should be:

1.A citizen of India, 2.Not less than 25 years of age 3.Possess such other qualifications as may be prescribed by or under any law made by Parliament [Art. 84] Powers of Lok Sabha Legislative Power

1. The Lok Sabha together with the Rajya Sabha has the power to frame laws on subjects in the union list, concurrent list, and the residuary subjects. 2. Although ordinary bill can be introduced in either of two houses of the Parliament, yet almost 95% of the bills are introduced in the Lok Sabha. 3. In a Joint session due to deadlock, the Lok Sabha dominates the show because of its large membership. Hence the Lok Sabha has a dominant position. Executive Power

1. Under article 75(3) of, constitution council of the minister has been made responsible to the House of people that is Lok Sabha. 2. The council of minister remains in office till it enjoys the confidence of the Lok Sabha if, it loses the confidence of Lok Sabha the Council of Ministers shall have to resign. 3. Thus, the Lok Sabha enjoys the power over life and death of the council of minister. Financial Power

1. The Lok Sabha has a superior position in the financial matter as a money bill can only be introduced in the Lok Sabha. 2. A money bill can only be delayed by the Rajya Sabha for a maximum of 14 days. 3. If the Rajya Sabha fails to pass the money bill within the 14 days of receiving it, the bill is deemed to have been passed by both of the houses of the Parliament. 4. In case of any dispute as to whether a particular bill is money bill or not the decision of the speaker of the Lok Sabha is final. Judicial Power

1. The charges of impeachment against President, Judges of Supreme Court and the High court can be framed in either of two houses by a two-thirds majority of the members present voting. 2. Though the impeachment charges against the Vice President of India by Rajya Sabha, it is essential that regulation is passed by the Lok Sabha also. 3. In case of the violation of the discipline in the Lok Sabha, the members are free to take action against the defaulting members. Amendment Power

1. A Constitutional Amendment Bill can be introduced in either House of the Parliament. 2. It is deemed to have been passed only when it is passed by both the houses of the parliament in accordance with the provision of Article 368 of the constitution. 3. The Lok Sabha and Rajya Sabha can together amend all articles of the Constitution with the exception of those which requires special approval by one half of the state legislature. Approval Over the Declaration of Emergency

• The constitution empowers the Indian President to declare three Types of emergencies. a. National Emergency- Article 352 b. Constitutional emergency- Article 356 c. Financial emergency -Article 360 • But each such a declaration of emergency has to be got approved by both of the houses of parliament. • In case the Lok Sabha dissolved at the time of the declaration of emergency, it has to be approved by the Rajya Sabha. Miscellaneous Power a. It gives approval to the ordinance issued by the president. b. It changes the boundary of state, to establish new states and change the name of States. c. It makes changes in the jurisdiction of the Supreme court and High court according to the provision of the constitution. d. Revising the salary and allowances of the member of the Parliament. e. To discuss the report of UPSC, Auditor General of India and finance commission etc. Conclusion

• It is very evident that despite being the lower house of the Parliament the Lok Sabha is a very powerful house. • The Council of Minister is responsible to the Lok Sabha and not before the Rajya Sabha. They remain in office as long as they enjoy the confidence of the Lok Sabha. • The Lok Sabha full control over the state finances. Hence we can conclude that Lok Sabha is a more powerful chamber. Presiding Officer: Speaker Presiding Officer: Speaker

• Since the Indian system of government follows the Westminster model, the Parliamentary proceedings of the country are headed by a presiding officer who is called the Speaker. • The Lok Sabha which is the highest legislative body in the country, chooses its Speaker who presides over the day to day functioning of the House. • Bharatiya Janata Party's (BJP) MP Om Birla was unanimously elected as the Speaker of the 17th Lok Sabha on 19th June 2019. • In the Lok Sabha, both the speaker and the deputy speaker are elected from among its members by a simple majority of members present and voting in the house. Therefore, no specific qualifications are prescribed for elected as the spear of the house. • The Constitution of India only requires that the Speaker should be a member of the house. • In fact, one of the first Acts of a newly constituted house, is to elect the speaker of the house. • The Speaker is the Chairman, or the Presiding officer of the Lok Sabha. The House elects its presiding officer and a deputy speaker by a simple majority of members. • The constitution provides that the Speaker’s salary and allowances are not to be voted by the Parliament and are to be charged on the Consolidated Fund of India. Continue…

• Usually, a member belonging to the ruling party is elected as the Speaker. • It is important to note that when the Lok Sabha is dissolved, the Speaker remains in his office, till the first meeting of the new assembly when the new Speaker is elected. • The Speaker’s term is the same as that of the Lok Sabha (which is a period of 5 years). However, the Constitution of India has given the lower house the authority to remove the Speaker, if needed. • The process has evolved over the years where the ruling party nominates its candidates after informal consultations with leaders of other parties and groups in the House. • This convention ensures that once elected, the Speaker enjoys respect of all sections of the House. • India’s first Prime Minister Pt. Jawahar Lal Nehru had said that in a parliamentary democracy, the Speaker represents the dignity and the freedom of the House and because the House represents the country, the speaker in a way becomes the symbol of the country’s freedom and liberty. • The Speaker is assisted by the Secretary-General of the Lok Sabha and senior officers of the Secretariat on parliamentary activities, practice and procedure. • In the absence of the Speaker, the Deputy Speaker discharges the functions. A member from the Panel of Chairmen presides over the House in the absence of both the Speaker and the Deputy Speaker. Election of the speaker

• No specific qualifications are prescribed for being elected as the speaker: The constitution states that the Speaker must be a member of the House but an understanding of the constitution and conventions of the Parliament is considered a major asset. • The House elects its presiding officer by a simple majority of members present, who vote in the House. • Usually, a member belonging to the ruling party is elected Speaker.

• The process has evolved over the years where the ruling party nominates its candidate after informal consultations with leaders of other parties and groups in the House. • Once the decision on the candidate is taken, the name is normally proposed by the Prime Minister or the Minister of Parliamentary Affairs. • This convention ensures that once elected, the Speaker enjoys the respect of all sections of the House. • When the Lok Sabha is dissolved, the Speaker remains in his office till the first meeting of the new assembly when the new speaker is elected. How Speaker is chosen

• Any member may give notice of a motion that another Member be chosen as the Speaker of the House. The motions are then moved and voted upon with simple majority. • After the results are announced, the Speaker-elect is felicitated by leaders of all political parties, including the Prime Minister and Leader of the Opposition. From then, the new Speaker takes over the proceedings of the House. • While this might indicate that a Speaker be one of the senior-most members of the House, this has not always been the norm. • There have been occasions in the past where the Speaker of the House was a first- time MP. • For instance, Mr. K.S. Hegde, the Speaker of the sixth Lok Sabha and Mr. Bal Ram Jakhar, the Speaker of the seventh Lok Sabha were both first time MPs Pro-tem Speaker

• Every proceeding of the House is presided by a Speaker. • The Office of the Speaker becomes vacant immediately before the first meeting of a new Lok Sabha. • Therefore, a temporary speaker, known as the pro-tem Speaker, is chosen from among the newly elected MPs. • After a general election and the formation of a new government, a list of senior Lok Sabha members prepared by the Legislative Section is submitted to the Minister of Parliamentary Affairs, who selects a pro tem speaker. The appointment has to be approved by the President. • The seniority is decided by total tenure as a member of either Lok Sabha or Rajya Sabha. • The pro-tem Speaker administers oath/affirmation to the newly elected members, and also presides over the sitting in which the new Speaker is elected. • The office of the pro-tem Speaker ceases to exist when the new Speaker is elected. Presiding Officer: Speaker- Removal

• The House can remove the Speaker through a resolution passed by an effective majority which means more than 50% of the total strength needs to vote for removing the Speaker. This is done as per Articles 94 and 96. • The Speaker can also be removed on getting disqualified from being a Lok Sabha member under sections 7 and 8 of the Representation of the People Act, 1951. • A Speaker can also tender his resignation to the Deputy Speaker. • Dr. Neelam Sanjiva Reddy is the only Speaker to have resigned from office. • Dr. Neelam Sanjiva Reddy also has the distinction of having been a Speaker who was later elected as the President of India. Joint Sittings

• So far, joint sittings of the two Houses have taken place on three occasions. 1. The first joint sitting was held on 6 May 1961 following a disagreement between the two Houses over certain amendments to the Dowry Prohibition Bill, 1959. This was followed by another sitting on 9 May 1961 when the Bill, as amended, was finally passed. 2. The second joint sitting was held on 16 May 1978, following the rejection by the Rajya Sabha of the Banking Service Commission (Repeal) Bill, 1977 and the Bill was passed. 3. The third joint sitting was held on 26 March 2002 when the motion to consider the Prevention of Terrorism Bill, 2002, seeking to replace the Prevention of Terrorism Ordinance (POTO) as passed by the Lok Sabha was rejected by the Rajya Sabha. At this sitting held for the purpose of deliberating and voting on the Prevention of Terrorism Bill, 2002, the Bill was passed. • The Speaker of the Lok Sabha presides over the joint sitting of the two Houses. [Article 118(4)] Powers of Speaker

1. The Speaker presides over the meetings in the Lower House. In other words, the Speaker conducts business in Lok Sabha by ensuring discipline and decorum among members. 2. She/he guards the rights and privileges of the members of Lok Sabha, deciding who should speak at what time, the questions to be asked, the order of proceedings to be followed, among others. 3. A Speaker uses his/her power to vote, in order to resolve a deadlock. That is, when the House initiates a voting procedure, the speaker does not cast a vote in the first instance. It is only when the two sides receive equal number of votes that the Speaker's vote breaks the deadlock, making his/her position impartial. 4. In the absence of a quorum in the House, it is the duty of the Speaker to adjourn the House or to suspend any meeting, until a quorum is met. 5. The Speaker decides the agenda that must be discussed in a meeting of the Members of the Parliament. Continue….

The Speaker is invested with the immense powers of interpreting the Rules of Procedure. Since s/he is a member of the House as well as the Presiding Officer, s/he ensures the discipline of the House. • The Speaker ensures that MPs are punished for unruly behaviour. • A Speaker can also disqualify a Member of Parliament from the House on grounds of defection (under the Tenth Schedule of the Constitution). • A member who flouts the Speaker’s orders or directions may be named by the Speaker and in such cases, the member may have to withdraw from the House. • S/he also issues warrants to execute the orders of the House, wherever

necessary and delivers reprimands (फटकार) on behalf of the House. Continue….

1. The Speaker also permits various parliamentary procedures like the motion of adjournment, the motion of no confidence, the motion of censure, among others. 2. The Speaker presides over the joint sitting of the two Houses of Parliament. 3. Once a Money Bill is transmitted from the Lower House to the Upper House, the Speaker is solely responsible for endorsing his or her certificate on the Bill. In other words, s/he is given the pivotal power to decide whether any Bill is a Money Bill. His/her decision is considered final. 4. The Speaker decides on granting recognition to the Leader of the Opposition in the Lok Sabha. 5. The Speaker has under his or her jurisdiction, a number of Parliamentary Committees such as the Rules Committee, the Business Advisory Committee and the General Purposes Committee. The Speaker nominates the various Chairmen to these Committees while monitoring the committees’ workings as well. 6. She/he is the ultimate arbiter and interpreter of those provisions which relate to the functioning of the House. His/her decisions are final and binding and ordinarily cannot be questioned, challenged or criticized. Speaker’s Administrative Role

1. The Speaker is also the head of the Lok Sabha Secretariat. The Speaker's authority over the Secretariat staff of the House and its security arrangements is supreme. 2. No alteration or addition can be made in the Parliament House and no new structure can be erected in the Parliament Estate without the Speaker’s permission. 3. It is through the Speaker that the decisions of the House are communicated to individuals and authorities outside the Parliament. 4. Speaker decides the form and manner in which the proceedings of the House are published. Other Roles and Responsibilities

1.Speaker’s approval is sought for the date on which the House will start before it is convened (बलु ायी गयी) by the President. 2.With regard to moving amendments to a Bill, the permission of the Speaker is required. 3.It depends solely on the Speaker to refer any question of privilege to the Committee of Privileges for examination, investigation and report. 4.When a decision of the House is to be ascertained (निधा凜ररत) on a motion made by a member, the question is put by the Speaker before the House to obtain the decision. The Speaker of Lok Sabha automatically disqualifies from his post if

1. he is no longer the Member of Parliament. 2. if he tenders his resignation to the Deputy Speaker. 3. if he holds the office of profit under central government or any state government. 4. if he is of unsound mind and that too declared by the court of law. 5. if he is declared undischarged insolvent. 6. if he is no longer the citizen of India or voluntarily accepts the citizenship of any other country. 7. if he is removed from the post of Speaker by passing a resolution by majority of the members of Lok Sabha. This is to note that during resolution for removal of Speaker, the Speaker is not in position to cast his vote even if there is tie. Convention in British Parliament

• No sitting Speaker of the House of Commons in Britain has lost his or her seat. This is because of the convention of not fielding candidates in the Speaker’s constituency. • In comparison, in India, there are many Speakers who have lost their seats in general elections. The promise of continuity in office for many terms is used to ensure the Speaker’s impartiality. • By convention, political parties (usually) do not field a candidate against the Speaker at the time of general elections. • And the Speaker can continue in office, until deciding otherwise. By convention, the Speaker also gives up the membership of his/her political party. Conclusion

• The office of the Speaker in India is a living and dynamic institution which deals with the actual needs and problems of Parliament in the performance of its functions. • It is in her that the responsibility of conducting the business of the House in a manner befitting the place of the institution in a representative democracy is invested. Rajya Sabha Rajya Sabha

1. It is the federal house representing the States. 2. Maximum strength (sanctioned strength) of Rajya Sabha is two hundred and fifty (250), of which 238 are to be elected and 12 are nominated by the President of India. The actual strength of Rajya Sabha is two hundred and forty five (245), of which 233 are elected and 12 are nominated by the President. 3. The allocation of seats in Rajya Sabha is contained in the Fourth Schedule to the Constitution. 4. Election: The elected members of the (233 Members) Rajya Sabha are elected by the elected members of the Assemblies of States and the two Union Territories of Delhi and Puducheri in accordance with the system of proportional representation by means of the single transferable vote. Allocation of Seats in Rajya sabha

• It is clear from the table that maximum seats have been allocated to Uttar Pradesh. Further, nine states and UTs viz. • Arunachal Pradesh, Goa, Manipur, Meghalaya, Mizoram, Nagaland, Puducherry, Sikkim, Tripura have one seat each. • Only two union territories viz. NCT of Delhi and Puducherry, Sikkim, Tripura have one seat each. • Only two union territories viz. NCT of Delhi and Puducherry have representation in Rajya Sabha. Eligibility 1. Should be a citizen of India 2. Above 30 years of age and 3. Possessing such other qualifications as may be prescribed by law of Parliament Rajya Sabha is not subject to dissolution

• One-third of its members retire every two years. Thus, it is a permanent body.

• Normally a member is elected for six years but a member elected against a mid-term vacancy (casual vacancy), serves only for the remaining period. Chairman of the Rajya Sabha

• The Vice-President is the ex-officio Chairman of Rajya Sabha (Art.64). • As the Presiding Officer, the Chairman of the Rajya Sabha is the guardian of the prestige and dignity of the House. • He safeguards the privileges and immunities of the members individually and the House collectively. He issues warrants to execute the orders of the House, where necessary. For example, to punish any one who commits contempt of House. • The Chairman’s rulings cannot be questioned or criticised and to protest against - the ruling of the Chairman is a Namaskar contempt of the House and the Chairman. Dosto….Mere • Casting vote is the vote cast to break a tie when there is hi bare me equality of votes. Under the Constitution, the Chairman bat ho rahi exercises only a casting vote in the case of equality of votes. hai Deputy Chairman

• The Deputy Chairman is elected by the members of Rajya Sabha from among themselves. • While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of the President, the duties of the office of the Chairman are performed by the Deputy Chairman. Chairman Protem

• When the offices of both the Chairman and the Deputy Chairman are vacant, the duties of the office of the Chairman are performed by such member of the Rajya Sabha as the President may appoint for the purpose (Art.91) The member so appointed is known as the Chairman protem. Utility of Rajya Sabha

• It is the permanent House and so has benefits like it can ratify proclamation of Emergency when the Lok Sabha is not in session and cannot be called into session immediately. It means the proclamation can continue. • Constitution can not be amended unless Rajya Sabha, sitting independently of the Lok Sabha passes the Bill. That is, there is no joint session in case of deadlock. Thus, the national and states’ interests are protected. • It has 12 nominated members who add to the quality of parliamentary proceedings and policy making. • It enables law making to become more sober when the representatives of the people are carried away by emotional issues. Parliamentary Processes Types of Bill

1. Original Bills- They have absolutely fresh proposals. 2. Amending Bills- To amend the law. 3. Consolidating Bills- that seeks to integrate existing laws on a specific matter. EX- GST BILL 4. Expiring Laws Continuance Bills- Applies to laws that have sunset clauses. 5. Repealing Bill- To abolish Laws Types of Bill: As per Proposal

The two types of bills are Public bills and Private bills. The differences: 1. A government bill is essentially introduced by a minister whereas a private bill is introduced by any member of the parliament other than a minister. 2. A government bill reflects the policies of the government while a private bill reflects the stand of opposition party on public matters. 3. As the government has majority in the parliament, public bills have greater chance to get passed. The Private members’ bills do not have this advantage. 4. The introduction of government bill in the House requires seven days notice whereas the introduction of private bill requires one month’s notice. 5. The government bill is drafted by the concerned department in consultation with the law department while the concerned member is responsible to draft private bill. Formal Classification of Bill

1. Ordinary Bills: These bills concerned with any matters other than the financial matters. 2. Money Bills: These bills are concerned with the financial matters such as taxation, public expenditure etc. 3. Finance Bills: These bills are concerned with those financial matters which are not included in money bill. 4. Constitution Amendment Bills: These are concerned with the amendment of provisions of the constitution. Definition of Money Bill •Only thoseUPSC financial bills which contain provisions exclusively on matters listed in article 110 of the constitutionSyllabus are called Money Bills. 110. Definition of Money Bill (clause 1) (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India; (c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund; (d) the appropriation (उपयोग) of moneys out of the consolidated Fund of India; (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure; (f) the receipt of money on account of (वाते) the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or (g) any matter incidental to any of the matters specified in sub clause (a) to (f) Money Bill

• Question of whether a financial bill is money bill or not, is decided by Speaker. Such bill needs to be endorsed by Speaker when passed by Lok Sabha and sent to Rajya Sabha. • A money bill can be introduced / originated only in Lok Sabha or in legislative assembly in case of bicameral legislature in states? • A money bill can be introduced only on prior recommendations of the President for governor in case of state? • A money bill can be a government bill only. No private bill can be a money bill. • Once a money bill is passed in Lok Sabha, it is transmitted to Rajya Sabha for its consideration. But Rajya Sabha has limited powers in this context. It can neither reject nor amend the money bill. It can make only recommendations and has to return the bill with or without recommendations to Lok Sabha in 14 days. Money Bill

•The Lok Sabha may or may not accept the recommendations of Rajya Sabha. Whether or not accepted those recommendations, thus returned bill is considered passed in both houses. • If Rajya Sabha does not even return the bill in 14 days, it is considered passed in both houses. • President can withhold assent to money bill but cannot return it for reconsideration of the Lok Sabha. • There is no question of joint sitting in case of money bills because opinion of Rajya Sabha is immaterial in their case. Definition of Finance Bill

•A bill that is apart from being a money bill i.e. having provisions of article 110 may also have other provisions it is called financial bill. 1. A financial bill of category-I: It is considered same as Money Bill and introduced in the Lok Sabha on the recommendation of the President. However once it has been passed by the Lok Sabha, it is like an ordinary Bill and there is no restriction on the powers of the Rajya Sabha on powers to reject it and also there is a provision of joint sitting such Bills. Rajya Sabha has in this case. 2. A financial bill of category-II: It is one which although has provisions involving expenditure from Consolidated Fund of India but does not have anything mentioned in article 110. •Such a bill is ordinary in all respects and both Lok Sabha and Rajya Sabha enjoy equal powers in this bill. However, only special feature of this bill is that recommendation of the President is essential for consideration and passing of these Bills by either House. Difference BASIS FOR COMPARISON MONEY BILL FINANCE BILL Meaning UPSC A bill is said to be money bill which All the bills, which deals with the Syllabus exclusively deals with the matters provisions concerning revenue and prescribed in article 110 of the expenditure. Additional from article constitution. 110 Form Government Bill Ordinary Bill Introduction Lok Sabha only. Category A bills are introduced in Lok Sabha while Category B bills can be introduced in any of the two houses. Approval Prior approval of President or Prior approval of President is required. Government is required. Certification Certified by the Speaker of the Lok Not certified by the Speaker. Sabha. Rajya Sabha The power of Rajya Sabha is restricted. Both Lok Sabha and Rajya Sabha has equal powers. Joint Sitting No provision of joint sitting. Provisions are there regarding joint sitting of Lok Sabha and Rajya Sabha. Process of Passing Bills

1. Ordinary bill- The five stages through, which and ordinary bill passes to become a law are as follows: (a) First reading- It includes the introduction of the bill in either of the houses of the Parliament by a minister or by a private member. It is followed by the grant of leave and its publication in the Gazette of India. (b) Second Reading: At this stage, the bill undergoes detailed scrutiny including discussion of every clause. This stage can be further divided into the stages of general discussion, committee stage and consideration stage. (c) Third Reading: At this stage, no amendments are allowed. The bill needs to be passed by a simple majority of members present and voting in the House. When bill is authenticated by the presiding officer, it is sent to the other house for consideration and approval. (d) Bill in the second House: In the second House also, the bill needs to be passed by a simple majority of members present and voting in the House. If the second House passes the bill without any amendments, the bill is sent to the president for his assent. (e) Assent of the President: If the president gives his assent to the bill, the bill becomes an act and placed on the Statute Book. If the president withholds the assent to the bill, the bill ends. Process of Passing Bills

2. Money Bill: • Under article 110(1) of the Constitution, a bill is deemed to be a money bill if it contains only provisions dealing with imposition, abolition, remission, alteration or regulation of any tax, matters of Consolidated Fund, provides imposition of fines etc.

• The Speaker’s certificate on a money bill once given is final and cannot be challenged. A money bill can be introduced in Lok Sabha only on the recommendation of the President. Process of Passing Bills

3. Finance Bills: • Financial bills are those bills which relates to revenue and expenditure. Financial bills are of three kinds-Money bills-Article 110, financial bills (I) - Article 117 (1), Financial bills (II)-Article 117 (3). • All money bills are financial bills, but all financial bills are not money bills. Financial bill (I) can be introduced only in the Lok Sabha and not in the Rajya Sabha and can be introduced only on the recommendation of the president. • Financial bill (II) can be introduced in either House of parliament and However recommendation of the President is necessary for its introduction. Both the houses have power to reject or amend the bill. Process of Passing Bills

4. Constitution Amendment Bills: Bills seeking to amend all other provisions of the Constitution including those enumerated in the proviso to article 368(2) are called as Constitution Amendment Bills. These Bills can be introduced in either House of Parliament, but not in the state legislature. These bills do not require prior permission of the president and can be introduced either by a minister or by a private member. There are three types of constitutional amendment bills: (1) Bills that need to be passed by parliament by simple majority (2) Bills that need to be passed by Parliament by the special majority (3) Bills that need to be passed by Parliament by the special majority and also to be ratified by not less than one-half of the state legislatures Assent to Constitution Amendment Bills: Constitution Amendment Bills passed by Parliament by the special majority and, where necessary, ratified by the requisite number of state legislatures are presented to the President. The president must give his assent to the bill. He can neither withhold his assent nor return the bill for reconsideration of the parliament. The bill becomes an act after president’s assent. Joint Sittings

The president from time to time sumons each House of Parliament to meet. But, the maximum gap between two sessions of Parliament cannot be more than six months. In other words, the Parliament should meet at least twice a year. There are usually three sessions in a year, viz,

1. the Budget Session (February to May); 2. the Monsoon Session (July to September); and 3. the Winter Session (November to December). Key Terms

Adjournment: A session of Parliament consists of many meetings. Each meeting of a day consists of two sittings, that is, a morning sitting from 11 am to 1 pm and post- lunch sitting from 2 pm to 6 pm. An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks. Adjournment Sine Die: Adjournment sine die means terminating a sitting of Parliament for an indefinite period. In other words, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die. The power of adjournment as well as adjournment sine die lies with the presiding officer of the House. He can also call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die. Prorogation: The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of a session is completed. Within the next few days, the President issues a notification for prorogation of the session. However, the President can also prorogue the House while in session. Adjournment vs Prorogation Dissolution

• Rajya Sabha, being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject to dissolution. Unlike a prorogation, a dissolution ends the very life of the existing House, and a new House is constituted after general elections are held. The dissolution of the Lok Sabha may take place in either of two ways: 1. Automatic dissolution, that is, on the expiry of its tenure of five years or the terms as extended during a national emergency; or 2. Whenever the President decides to dissolve the House, which he is authorised to do. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable. Quorum

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

• It refers to the last session of the existing Lok Sabha, after a new Lok Sabha has been elected. • Those members of the existing Lok Sabha who could not get re-elected to the new Lok Sabha are called lame-ducks. Devices of Parliamentary Proceedings

Question Hour

The first hour of every parliamentary sitting is slotted for this. During this time, the members ask questions and the ministers usually give answers. The questions are of three kinds, namely, starred, unstarred and short notice. 1. A starred question (distinguished by an asterisk) requires an oral answer and hence supplementary questions can follow. 2. An unstarred question, on the other hand, requires a written answer and hence, supplementary questions cannot follow. 3. A short notice question is one that is asked by giving a notice of less than ten days. It is answered orally. Zero Hour

• Unlike the question hour, the zero hour is not mentioned in the Rules of Procedure. • Thus it is an informal device available to the members of the Parliament to raise matters without any prior notice. • The zero hour starts immediately after the question hour and lasts until the agenda for the day (ie, regular business of the House) is taken up. • In other words, the time gap between the question hour and the agenda is known as zero hour. • It is an Indian innovation in the field of parliamentary procedures and has been in existence since 1962. Zero Hour

• In Rajya Sabha, a total number of requests is not allowed to exceed seven on a single day. The total time allocated for Zero Hour is 30 minutes wherein a member gets three minutes to raise the issue. The session should be completed before 1 pm.

• In Lok Sabha, only 20 matters are allowed to be raised during the Zero. The session should be completed before 1 pm. Moreover, a member is allowed to make only one Zero Hour request during a week. It is not mandatory to have a Zero Hour every day during the session. Adjournment Motion

• It is introduced in the Parliament to draw attention of the House to a definite matter of urgent public importance, and needs the support of 50 members to be admitted. • As it interrupts the normal business of the House, it is regarded as an extraordinary device. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device. • The discussion on an adjournment motion should last for not less than two hours and thirty minutes. • The right to move a motion for an adjournment of the business of the House is subject to the following restrictions: 1. It should raise a matter which is definite, factual, urgent and of public importance; 2. It should not cover more than one matter; 3. It should be restricted to a specific matter of recent occurrence and should not be framed in general terms; 4. It should not raise a question of privilege; 5. It should not revive discussion on a matter that has been discussed in the same session; 6. It should not deal with any matter that is under adjudication by court; and 7. It should not raise any question that can be raised on a distinct motion. Calling Attention Motion

• Calling Attention Motion It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter. • Like the zero hour, it is also an Indian innovation in the parliamentary procedure and has been in existence since 1954. However, unlike the zero hour, it is mentioned in the Rules of Procedure. No Confidence Motion

• No-Confidence Motion Article 75 of the Constitution says that the council of ministers shall be collectively responsible to the Lok Sabha. It means that the ministry stays in office so long as it enjoys confidence of the majority of the members of the Lok Sabha. • In other words, the Lok Sabha can remove the ministry from office by passing a no-confidence motion. Censure Motion Difference Motion of Thanks

• The first session after each general election and the first session of every fiscal year is addressed by the president. • In this address, the president outlines the policies and programmes of the government in the preceding year and ensuing year. • This address of the president, which corresponds to the ‘speech from the Throne in Britain’, is discussed in both the Houses of Parliament on a motion called the ‘Motion of Thanks’. • At the end of the discussion, the motion is put to vote. This motion must be passed in the House. Otherwise, it amounts to the defeat of the government. • This inaugural speech of the president is an occasion available to the members of Parliament to raise discussions and debates to examine and criticise the government and administration for its lapses and failures. Budget in Parliament Budget in the Parliament

• The Constitution refers to the budget as the ‘annual financial statement’. In other words, the term ‘budget’ has nowhere been used in the Constitution. It is the popular name for the ‘annual financial statement’ that has been dealt with in Article 112 of the Constitution. • The budget is a statement of the estimated receipts and expenditure of the Government of India in a financial year, which begins on 1 April and ends on 31 March of the following year. In addition to the estimates of receipts and expenditure, the budget contains certain other elements. Overall, the budget contains the following: 1. Estimates of revenue and capital receipts; 2. Ways and means to raise the revenue; 3. Estimates of expenditure; 4. Details of the actual receipts and expenditure of the closing financial year and the reasons for any deficit or surplus in that year; and 5. Economic and financial policy of the coming year, that is, taxation proposals, prospects of revenue, spending programme and introduction of new schemes/projects. Railway Budget

• The Railway Budget was separated from the General Budget in 1921 on the recommendations of the Acworth Committee. • Until 2016, the budget of the Indian Railways was presented separately to Parliament and dealt with separately. • Since 2017, Railway Budget is merged with the Union Budget. The last Railway Budget was presented on 25 February 2016 by Mr. Suresh Prabhu. Stages in Enactment Stages in Enactment

Presentation of budget

General discussion

Scrutiny by departmental committees

Voting on demands for grants

Passing of appropriation bill

Passing of finance bill Cut Motions

Policy Cut Motion: It represents the disapproval of the policy underlying the demand. It states that the amount of the demand be reduced to Re 1. The members can also advocate an alternative policy.

Economy Cut Motion: It represents the economy that can be affected in the proposed expenditure. It states that the amount of the demand be reduced by a specified amount (which may be either a lumpsum reduction in the demand or ommission or reduction of an item in the demand).

Token Cut Motion: It ventilates a specific grievance that is within the sphere of responsibility of the Government of India. It states that the amount of the demand be reduced by Rs 100. Parliamentary Privileges: Meaning

• Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members. • They are necessary in order to secure the independence and effectiveness of their actions. • Without these privileges, the Houses can neither maintain their authority, dignity and honour nor can protect their members from any obstruction in the discharge of their parliamentary responsibilities. • The Constitution has also extended the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. • These include the attorney general of India and Union ministers. It must be clarified here that the parliamentary privileges do not extend to the president who is also an integral part of the Parliament. Parliamentary Privileges: Classification

• Parliamentary privileges can be classified into two broad categories:

1. Those that are enjoyed by each House of Parliament collectively, and

2. Those that are enjoyed by the members individually. Collective Privileges

1. The house has the right to publish its reports, debates and proceedings and also the right to prohibit others from publishing the same. The 44th Amendment Act of 1978 restored the freedom of the press to publish true reports of parliamentary proceedings without prior permission of the House. But this is not applicable in the case of a secret sitting of the House. 2. It can exclude strangers from its proceedings and hold secret sittings to discuss some important matters. 3. It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters. 4. It can punish members as well as outsiders for breach of its privileges or its contempt. 5. It has the right to receive immediate information of the arrest, detention, conviction, imprisonment and release of a member. 7. The courts are prohibited to inquire into the proceedings of a House or its committees. 8. No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the permission of the presiding officer. Individual Privileges

1. They cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session. This privilege is available only in civil cases and not in criminal cases or preventive detention cases. 2. They have freedom of speech in Parliament. No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its committees. This freedom is subject to the provisions of the Constitution and to the rules and standing orders regulating the procedure of Parliament. 3. They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session. Parliamentary Privileges: Meaning

• Parliamentary privileges can be classified into two broad categories:

1. Those that are enjoyed by each House of Parliament collectively, and

2. Those that are enjoyed by the members individually. Collective Privileges

• “When any individual or authority disregards or attacks any of the privileges, rights and immunities, either of the member individually or of the House in its collective capacity, the offence is termed as breach of privilege and is punishable by the House.” • Any act or omission (चूक) which obstructs a House of Parliament, its member or its officer in the performance of their functions or which has a tendency, directly or indirectly to produce results against the dignity, authority and honour of the House is treated as a contempt of the House. • Though the two phrases, ‘breach of privilege’ and ‘contempt of the House’ are used interchangeably, they have different implications. ‘Normally, a breach of privilege may amount to contempt of the House. • Likewise, contempt of the House may include a breach of privilege also. Contempt of the House, however, has wider implications. There may be a contempt of the House without specifically committing a breach of privilege’. • Similarly, ‘actions which are not breaches of any specific privilege but are offences against the dignity and authority of the House amount to contempt of the House’. • For example, disobedience to a legitimate order of the House is not a breach of privilege, but can be punished as contempt of the House.