Rules of Procedure and Conduct of Business in Lok Sabha Fifteenth Edition
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Chapter 43 Electoral Statistics
CHAPTER 43 ELECTORAL STATISTICS 43.1 India is a constitutional democracy with a parliamentary system of government, and at the heart of the system is a commitment to hold regular, free and fair elections. These elections determine the composition of the Government, the membership of the two houses of parliament, the state and union territory legislative assemblies, and the Presidency and vice-presidency. Elections are conducted according to the constitutional provisions, supplemented by laws made by Parliament. The major laws are Representation of the People Act, 1950, which mainly deals with the preparation and revision of electoral rolls, the Representation of the People Act, 1951 which deals, in detail, with all aspects of conduct of elections and post election disputes. 43.2 The Election Commission of India is an autonomous, quasi-judiciary constitutional body of India. Its mission is to conduct free and fair elections in India. It was established on 25 January, 1950 under Article 324 of the Constitution of India. Since establishment of Election Commission of India, free and fair elections have been held at regular intervals as per the principles enshrined in the Constitution, Electoral Laws and System. The Constitution of India has vested in the Election Commission of India the superintendence, direction and control of the entire process for conduct of elections to Parliament and Legislature of every State and to the offices of President and Vice- President of India. The Election Commission is headed by the Chief Election Commissioner and other Election Commissioners. There was just one Chief Election Commissioner till October, 1989. In 1989, two Election Commissioners were appointed, but were removed again in January 1990. -
Download PDF on Financial Privilege
Report Financial Privilege The Undoubted and Sole Right of the Commons? Sir Malcolm Jack KCB PhD FSA Richard Reid PhD FINANCIAL PRIVILEGE THE UNDOUBTED AND SOLE RIGHT OF THE COMMONS? By Sir Malcolm Jack KCB PhD FSA and Richard Reid PhD Acknowlegements The authors thank The Constitution Society for commissioning and publishing this paper. First published in Great Britain in 2016 by The Constitution Society Top Floor, 61 Petty France London SW1H 9EU www.consoc.org.uk © The Constitution Society ISBN: 978-0-9954703-0-9 © Malcolm Jack and Richard Reid 2016. All rights reserved. Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and the publisher of this book. FINANCIAL PRIVILEGE 3 Contents Acknowlegements 2 About the Authors 4 Summary 5 PART 1 Conventions in Respect of Financial Privilege 6 PART 2 Parliament Acts 19 PART 3 Handling of Bills with Financial Provisions 30 PART 4 Secondary Legislation 41 PART 5 The Strathclyde Review 51 Appendix 1 Parliament Act 1911 62 Appendix 2 Parliament Act 1949 67 4 FINANCIAL PRIVILEGE About the Authors Sir Malcolm Jack was Clerk of the House of Commons from 2006–2011. He is editor of the current, twenty-fourth edition of Erskine May’s Parliamentary Practice, 2011. He lectures and writes on constitutional and historical subjects, having published widely on the history of ideas as well as on aspects of British, European and South African history. -
11-01-2021 These Matters Were Called on for Hearing Today
IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION REVIEW PETITION (CIVIL) NO.¼¼¼¼¼/2021 (Diary No. 45777/2018) IN WRIT PETITION (CIVIL) NO. 494 OF 2012 Beghar Foundation through its Secretary and Anr. Petitioner(s) versus Justice K.S. Puttaswamy (Retd.) and Ors. Respondent(s) with REVIEW PETITION (CIVIL) NO. 3948 OF 2018 IN WRIT PETITION (CIVIL) NO. 231 OF 2016 Jairam Ramesh Petitioner(s) versus Union of India and Ors. Respondent(s) with REVIEW PETITION (CIVIL) NO. 22 OF 2019 IN WRIT PETITION (CIVIL) NO. 1014 OF 2017 1 M.G. Devasahayam Petitioner(s) versus Union of India and Anr. Respondent(s) with REVIEW PETITION (CIVIL) NO. 31 OF 2019 IN WRIT PETITION (CIVIL) NO. 1058 OF 2017 Mathew Thomas Petitioner(s) versus Union of India and Ors. Respondent(s) with REVIEW PETITION (CIVIL) NO.¼¼¼¼¼/2021 (Diary No. 48326/2018) IN WRIT PETITION (CIVIL) NO. 494 OF 2012 Imtiyaz Ali Palsaniya Petitioner(s) versus Union of India and Ors. Respondent(s) with REVIEW PETITION (CIVIL) NO. 377 OF 2019 IN WRIT PETITION (CIVIL) NO. 342 OF 2017 2 Shantha Sinha and Anr. Petitioner(s) versus Union of India and Anr. Respondent(s) with REVIEW PETITION (CIVIL) NO. 924 OF 2019 IN WRIT PETITION (CIVIL) NO. 829 OF 2013 S.G. Vombatkere and Anr. Petitioner(s) versus Union of India and Ors. Respondent(s) O R D E R Permission to file Review Petition(s) is granted. Delay condoned. Prayer for open Court/personal hearing of Review Petition(s) is rejected. The present review petitions have been filed against the final judgment and order dated 26.09.2018. -
No. 17. Parliamentary Committee.Pmd
PARLIAMENTARY COMMITTEES The work done by the Parliament in modern times is not only varied in nature, but considerable in volume. The time at its disposal is limited. It cannot, therefore, give close consideration to all the legislative and other matters that come up before it. A good deal of its business is, therefore, transacted in Committees of the House, known as Parliamentary Committees. 2. The origin of Committee system in India can be traced back to the Constitutional Reforms of 1919. The Standing Orders of the Central Legislative Assembly provided for a Committee on Petitions relating to Bills, Select Committee on Amendments of Standing Orders, and Select Committee on Bills. There was also a provision for a Public Accounts Committee and a Joint Committee on a Bill. Apart from Committees of the Legislative Assembly, members of both Houses of the Central Legislature also served on the Standing Advisory Committees attached to various Departments of the Government of India. All these Committees were purely advisory in character and functioned under the control of the Government with the Minister-in-charge of the Department acting as the Chairperson of the Committee. 1 3. A Parliamentary Committee means a Committee which is appointed or elected by the House or nominated by the Speaker and which works under the direction of the Speaker and presents its report to the House or to the Speaker and the Secretariat for which is provided by the Lok Sabha Secretariat. 4. Parliamentary Committees are of two types: Standing Committees and Ad -
Judicial Review and Money Bills
NIPFP Working Working paperpaper seriesseries Judicial Review and Money Bills No. 192 07-Mar-2017 Pratik Datta, Shefali Malhotra and Shivangi Tyagi National Institute of Public Finance and Policy New Delhi Working paper No. 192 Judicial Review and Money Bills 07 March 2017 Abstract Under the Constitution of India, for a bill to be enacted into a law, it has to be approved by both Houses of the Pratik Datta, Shefali Parliament - the Lower House (Lok Sabha) and the Upper House (Rajya Sabha). There is one exception to this gen- Malhotra and eral rule. A bill certified as a ‘money bill’ by the speaker Shivangi Tyagi of the Lower House can be enacted into a law by the Lower National Institute of House alone, without any approval from the Upper House. The scope of what could constitute a ‘money bill’ is defined Public Finance and in the Constitution of India. Yet, it is possible that a bill Policy, which does not fall within the scope of this definition could New Delhi be incorrectly certified as a ‘money bill’ by the speaker and enacted into a law without the approval of the Upper House. [email protected], The Constitution of India categorically states that ‘if any [email protected], question arises whether a Bill is a Money Bill or not, the [email protected] decision of the Speaker of the House of the People thereon shall be final’. Does this provision imply that the Indian Supreme Court cannot review whether the speaker’s certifi- cation of a bill as a ‘money bill’ is correct or not? And if it is actually incorrect, can the Supreme Court not strike down such a law for being unconstitutional? These questions are of immense contemporary relevance in India and form the central research theme of this article. -
Dissolution of the Lok Sabha
DISSOLUTION OF THE LOK SABHA Tanusri Prasanna* Introduction The dissolution of the twelfth Lok Sabha on the twenty sixth day of April, 1999, by the President Mr. K.R. Narayanan, and the role of the latter in the intense political decision making preceding the same, have thrown open afresh the debate as to the exact role of the President as envisaged in the Constitution in the matter of dissolution. This paper attempts to analyse this issue in light of various controversial views on the subject. Pre-independence constitutional debates in India were influenced by two models of democratic government: the British Parliamentary system, and the Presidential system of the United States. In the final analysis the British model being closer home, "every instalment of constitutional reform was regarded as a step towards the establishment of a democratic and responsible government as it functioned in Britain."' Thus, it is widely accepted by various scholars that the founding fathers of the Constitution had opted for the parliamentary system of government. Working on this premise, the concepts such as executive decision making as well as delineating limits and laying a system of checks and balances on the different wings of the government as provided by the inherent federal structure, have been debated over and over again. However, when the Constitution actually came into force, a reading of its provisions sparked off a new line of thought as to the very nature of government, and the Presidential model of the United States which had been earlier rejected was now compared and contrasted.2 These discussions and debates were mainly concerned with the respective powers of the President and the Prime minister in the Constitution and in cases where both entities were strong the clash of opinions was soon recognised. -
Indian Parliament LARRDIS (L.C.)/2012
he TIndian Parliament LARRDIS (L.C.)/2012 © 2012 Lok Sabha Secretariat, New Delhi Published under Rule 382 of the Rules of Procedure and Conduct of Business in Lok Sabha (Fourteenth Edition). LARRDIS (L.C.)/2012 he © 2012 Lok Sabha Secretariat, New Delhi TIndian Parliament Editor T. K. Viswanathan Secretary-General Lok Sabha Published under Rule 382 of the Rules of Procedure and Conduct of Business in Lok Sabha (Fourteenth Edition). Lok Sabha Secretariat New Delhi Foreword In the over six decades that our Parliament has served its exalted purpose, it has witnessed India change from a feudally administered colony to a liberal democracy that is today the world's largest and also the most diverse. For not only has it been the country's supreme legislative body it has also ensured that the individual rights of each and every citizen of India remain inviolable. Like the Parliament building itself, power as configured by our Constitution radiates out from this supreme body of people's representatives. The Parliament represents the highest aspirations of the people, their desire to seek for themselves a better life. dignity, social equity and a sense of pride in belonging to a nation, a civilization that has always valued deliberation and contemplation over war and aggression. Democracy. as we understand it, derives its moral strength from the principle of Ahimsa or non-violence. In it is implicit the right of every Indian, rich or poor, mighty or humble, male or female to be heard. The Parliament, as we know, is the highest law making body. It also exercises complete budgetary control as it approves and monitors expenditure. -
11 Political Science- Legislature- PPT.Pdf
LEGISLATURE WHY DO WE NEED A PARLIAMENT? *************************** *************************** • Law making is the main • The parliament is the open function of legislature, in forum of debate. modern democracies it is the main source of law. • It is the most representative of all organs of government. • In representative form of democracies the legislatures • The parliament is vested helps the people in holding with the power to choose the representatives and dismiss the accountable. government. • In parliamentary form of • Above all it is the centre of government the legislature all democratic and political controls the cabinet. process. Legislature • BICAMERAL • UNICAMERAL LEGISLATURE LEGISLATURE • A legislature having • A legislature having two houses is called only one house is bicameral called unicameral legislature. legislature. • Eg. India,USA • Eg.UK MERITS & DEMERITS MERITS –BICAMERAL DEMERITS-BICAMERAL Bills are passed thoroughly Bills are passed in both the and effectively. Bills are houses. It takes time to passed in favour of public. come to a decision. Not over burden Expensive MERITS & DEMERITS MERITS –UNICAMERAL DEMERITS-UNICAMERAL Bills are passed in one Bills are passed IN HASTE. house. So it takes less time. Over burden Inexpensive PARLIAMENT LOK SABHA(House of RAJYA SABHA(Council of people) states) WHY DO WE NEED TWO HOUSES OF PARLIAMENT ? • Countries with large size • In a federation the second and much diversity chamber as the council of usually prefer bicameral states gives legislature, In order to representation to give representation to all different states. regions and sections of • The senior and people. experienced persons can • A bicameral legislature be accommodated makes it possible to have through nomination or every decision indirect elections. -
Achievements of 1St Year of 17Th Lok
1 Hkkjrh; laln PARLIAMENT OF INDIA 2 PREFACE Indian democracy is the largest working democracy in the world. The identity of our pluralistic society, democratic traditions and principles are deeply rooted in our culture. It is in the backdrop of this rich heritage that India had established itself as a democratic republic after its independence from the colonial rule in the preceding century. Parliament of India is the sanctum sanctorum of our democratic system. Being the symbol of our national unity and sovereignty, this august institution represents our diverse society. Our citizens actively participate in the sacred democratic processes through periodic elections and other democratic means. The elected representatives articulate their hopes and aspirations and through legislations, work diligently, for the national interest and welfare of the people. This keeps our democracy alive and vibrant. In fact, people’s faith in our vibrant democratic institutions depends greatly upon the effectiveness with which the proceedings of the House are conducted. The Chair and the Members, through their collective efforts, give voice to the matters of public importance. In fact, the Lower House, Lok Sabha, under the leadership and guidance of the Hon’ble Speaker, is pivotal to the fulfillment of national efforts for development and public welfare. The 17th Lok Sabha was constituted on 25 May 2019 and its first sitting was held on 17 June 2019. The Hon’ble Prime Minister, Shri Narendra Modi, moved the motion for election of Shri Om Birla as the new Speaker of the Lok Sabha on 19 June 2019, which was seconded by Shri Rajnath Singh. -
India's Parliament and Governing Institutions
BRIEFING Continental democracies India's parliament and governing institutions SUMMARY India is the biggest democracy in the world. With a population of 1.35 billion in 2018, India was also the world's second most populous country, and is projected to overtake China by 2027. Like the European Union (EU), it is a pluralistic, multi-faith, multilingual (with 22 recognised languages), and multi-ethnic country. Secularism has been enshrined in the Constitution. India's 1950 Constitution provides for a quasi-federal setup: powers are separated between the central union and the 28 state governments. Competences are allocated according to administrative level, between the Union, states or 'concurrently'. The prime minister possesses the country's effective executive power. As 'Leader of the House' in the lower chamber, the prime minister also holds decisive power in deciding the House's agenda. However, the real power of initiating legislation belongs to the government, and the Parliament has no say on foreign affairs. India's Parliament is bicameral: it includes the Lok Sabha – the lower house – and the Rajya Sabha – the upper house. The two houses are equal, but the Lok Sabha dominates in deciding certain financial matters and on the collective responsibility of the Council of Ministers. General elections take place for Lok Sabha members every five years. The last elections took place in May 2019, when Narendra Modi was re-elected as Prime Minister. The Rajva Sabha is a permanent body consisting of members indirectly elected by the states, and it is not subject to dissolution. India has a common law legal system. -
Civil) No 494 of 2012 Justice Ks Puttaswamy (Retd
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO 494 OF 2012 JUSTICE K S PUTTASWAMY (RETD) & ANR ...PETITIONERS Versus UNION OF INDIA & ORS ...RESPONDENTS WITH T C (C) NO 151 OF 2013 T C (C) NO 152 OF 2013 W P (C) NO 833 OF 2013 W P (C) NO 829 OF 2013 T P (C) NO 1797 OF 2013 W P (C) NO 932 OF 2013 1 T P (C) NO 1796 OF 2013 CONMT. PET. (C) NO 144 OF 2014 T P (C) NO 313 OF 2014 T P (C) NO 312 OF 2014 SLP (CRL) NO 2524 OF 2014 W P (C) NO 37 OF 2015 W P (C) NO 220 OF 2015 CONMT. PET. (C) NO 674 OF 2015 in W P (C) NO 829 OF 2013 T P (C) NO 921 OF 2015 CONMT. PET. (C) NO 470 OF 2015 W P (C) NO 231 OF 2016 CONMT. PET. (C) NO 444 OF 2016 CONMT. PET. (C) NO 608 OF 2016 W P (C) NO 797 OF 2016 CONMT. PET. (C) NO 844 OF 2017 2 W P (C) NO 342 OF 2017 W P (C) NO 372 OF 2017 W P (C) NO 841 OF 2017 W P (C) NO 1058 OF 2017 W P (C) NO 966 OF 2017 W P (C) NO 1014 OF 2017 W P (C) NO 1002 OF 2017 W P (C) NO 1056 OF 2017 AND WITH CONMT. PET. (C) NO 34 OF 2018 in W P (C) NO 1014 OF 2017 3 J U D G M E N T INDEX A Introduction: technology, governance and freedom B The Puttaswamy1 principles B.I Origins: privacy as a natural right B.2 Privacy as a constitutionally protected right : liberty and dignity B.3 Contours of privacy B.4 Informational privacy B.5 Restricting the right to privacy B.6 Legitimate state interests C Submissions C.I Petitioners’ submissions C.2 Respondents’ submissions D Architecture of Aadhaar: analysis of the legal framework E Passage of Aadhaar Act as a Money Bill E.I Judicial Review of the Speaker’s Decision E.2 Aadhaar Act as a Money Bill F Biometrics, Privacy and Aadhaar F.I Increased use of biometric technology F.2 Consent in the collection of biometric data F.3 Position before the Aadhaar legislation 1 (2017) 10 SCC 1 4 F.4 Privacy Concerns in the Aadhaar Act 1. -
Bills for Raising Revenue Under the Federal and State Constitutions Noel Sargent
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1920 Bills for Raising Revenue under the Federal and State Constitutions Noel Sargent Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Sargent, Noel, "Bills for Raising Revenue under the Federal and State Constitutions" (1920). Minnesota Law Review. 2011. https://scholarship.law.umn.edu/mlr/2011 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW BILLS FOR RAISING REVENUE UNDER THE FEDERAL AND STATE CONSTITUTIONS INTRODUCTION SomE time ago the author's attention was attracted to this statement of Senator Pomerene, made in debate June 3, 1918: "The provision in the constitution that 'all bills for raising revenue shall originate in the House of Representatives,' even if comprehensive enough to cover the change of time of payment of revenue, is purely directory and not mandatory." This study is the result of an attempt to discover if the state- ment that the provision is directory, rather than mandatory, has any foundation either in law, as a matter of principle, or in fact, as a matter of practice. A study of similar provisions in the constitutions of the American states was necessitated, in addition to some analysis of such provisions as they exist in foreign countries. Article I, section 7, clause 1, of the federal constitution pro- vides that: "All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills." The constitution of the Confederate States of America dupli- cated the federal provision.