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