18Mpa44e - Indian Parliamentary System

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18MPA44E - INDIAN PARLIAMENTARY SYSTEM

• SUBJECT CODE: 18MPA44E

• PREPARED BY: DR.P. MAGUDAPATHY,

Asst. Professor

• DEPARTMENT: PG & Research Department of Public

Administration

• CONTACT NO.: 9994672379

• E-MAIL ID: [email protected]

The content is prepared according to the text book and reference book given in the syllabus. INDIAN PARLIAMENTARY SYSTEM Year Subject Title Sem. Sub Code

2018 -19 Indian Parliamentary System IV 18MPA44E Onwards

UNIT – I: INTRODUCTION Legislature: Meaning, Importance and kinds-Functions of the Legislature: Law Making and Non-Law making function. UNIT – II: STRUCTURE OF THE INDIAN PARLIAMENT Evolution of the Indian Parliament- LokSabha: Its structure, composition and powers – RajyaSabha: Its structure, composition and powers- Whip and his role. UNIT – III: FUNCTIONING OF THE INDIAN PARLIAMENT Opening of the parliament-Session by the President-Sessions of the parliament: Budget Session, Monsoon session and Winter session-Question hour: Zero hour- Types of Questions- Unstarred questions, short notice questions, questions by private members- Motions: its kinds: Adjournment motion, Call attention motion, Cut Motions-No confidence motion, censure Resolution. UNIT – IV: OFFICERS OF THE PARLIAMENT Chairman and Deputy chairman of LokSabha -RajyaSabha-Their Powers and Functions- Parliament Secretariat: LokSabha Secretariat: Its Structure and Functions- RajyaSabha Secretariat and its Structure and Functions. UNIT – V: PARLIAMENT PROCEDURE Procedures during the presentation of the Budget- Procedures during the making of the Bill- Parliamentary Committees: Joint Parliamentary committee- Adhoc Committees-Standing Committees- Other Committees- Parliamentary forums: Objectives of the Forum- Parliamentary Groups: Their composition and functions.

Reference Books 1. ArunShourie,The Parliamentary System In India,Rupa,Newdelhi,2007. 2. Shukla.V.N. Constitution Of India,Eastern Book Company,Lucknow,2013. 3. Basu.D.D.Introduction To The Constitution Of India, Lexis Nexis, Publishing House,

INDIAN PARLIAMENTARY SYSTEM

Degree: II M.A. SUB.CODE: 18MPA44E

Semester: IV UNIT- I INTRODUCTION MEANING:

The term ‘legislature’ is a generic term meaning a body which legislates. The term ‘ Legg means law and “lature’ the place and etymologically Legislature means a place for law-making. Another term, which is used as a synonym of Legislature, is ‘Parliament.’ This word stands derived from the French word ‘Parley’ which means to ‘talk’ or to discuss and deliberate.

A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments; in the separation of powers model, they are often contrasted with the executive and judicial branches of government.

Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved.

The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legislatures featuring an upper chamber. In this way, we can say ‘Parliament’ means the place where deliberations are held. Combining the two views, we can say Legislature or Parliament is that branch of government which performs the function of law•making through deliberations.

The legislature is that organ of the government which passes the laws of the government. It is the agency which has the responsibility to formulate the will of the state and vest it with legal authority and force. In simple words, the legislature is that organ of the government which formulates laws. Legislature enjoys a very special and important in every democratic state. It is the assembly of the elected representatives of the people and represents national public opinion and power of the people.

Of the three organs of the government, the place of primacy belongs to the Legislature. The function of government begins by law-making and is followed up by law-enforcement and adjudication functions. As such, the legislature is the first organ of the government.

Among the earliest recognised legislatures was the Athenian Ecclesia. In the Middle Ages, European monarchs would host assemblies of the nobility, which would later develop into predecessors of modern legislatures. These were often named The Estates. The oldest surviving legislature is the Icelandic Althing, founded in 930 CE.

Importance of legislature:

Legislation is one of the most important instruments of government in organing society and protecting citizens. It determines amongst others the rights and responsibilities of individuals and authorities to whom the legislation applies. On the other hand, a law has little or no value if there is neither discipline nor enforcement.

In the private sector the Companies Act governs the relationship between the owners (shareholders) and management (directors) of companies. These regulations also affect various interest groups such as investors and creditors.

Registered Accountants and Auditors who are registered in terms of Act 80 of 1991, have sole statutory right to fulfil the attestation function as auditors of companies. Therefore article 300 of the Companies Act describes in detail the activities of the auditor. The statutory duty to control adherence to the Companies Act requirements and where necessary to report violations thereof, thus rests with the auditor.

Given the importance of the Companies Act to the auditor in public practice, the professional bodies, namely the Public Accountants' and Auditors' Board and the South African Institute of Chartered Accountants, have given detailed requirements with regard to this law in their prescribed auditing curriculum for accredited universities. As is to be expected, the Companies Act fOrn1s a sub- stantial part of the official syllabus.

Adherence to the Companies Act requirements, according to The first report of the commission of inquiry into the affairs of the Master bond group and investor protection in South Africa (hereinafter referred to as the Nel Commission) and research completed by the School of Accountancy at the University of Pretoria in 1997 The disclosure of remuneration paid to the external auditor by listed companies, as well as reports which appear almost daily in the media, seems minimal, and furthermore, there appears to be scant discipline with regard to the application of the Companies Act requirements. The Nel Commission finds, amongst others, "Bearing in mind that 2058 companies were liquidated during 1994 and 1719 during 1995, that Attorneys-General and the Office for Serious Economic Offenses cannot cope with the number of reported frauds and that the Commercial Crime Unit of the police cannot cope with the numerous contraventions of the Companies Act, the content of the reports of the Board (Public Accountants' and Auditors' Board, PAAB) disclose a pathetic situation in regard to the reporting of material irregularities by auditors." The PAAB's report indicates that a mere 5 violations of the Companies Act were reported to the Public Accountants' and Auditors' Board by auditors in public practice. The Nel Commission further finds that auditors in the performance of their duties do not address negligent (ignorant) or deliberate violations of the Companies Act.

Research by the School of Accountancy finds the following: "Of the companies surveyed only 14% (1992), 3% (1993) and 3% (1994) fully adhered to the requirements of the Companies Act with regard to the disclosure of remuneration paid to the auditor." This report (56 pages) was sent to the PAAB and SAICA. Receipt of the report was acknowledged. However, the regulatory bodies did not make the effort to alert practitioners through their publications to these deficiencies.

This situation is further worsened, or is possibly the result of, Companies Act requirements having exceptionally low priority in the Qualifying Examination which was conducted until 1998 by the Public Accountants' and Auditors' Board. In the last 10 years the Companies Act questions in the Qualifying Examination represented fewer than 4% of the auditing paper.

Companies' non-adherence to the Companies Act requirements, and the level of discipline regarding this issue amongst auditors in public practice, who have the sole statutory right to conduct audits of companies, is disturbing. This situation is further worsened, or is possibly the result of, Companies Act requirements having exceptionally low priority in the Qualifying Examination which was conducted until 1998 by the Public Accountants' and Auditors' Board. In the last 10 years the Companies Act questions in the Qualifying Examination represented fewer than 4% of the auditing paper.

In 1999, Part 1 of the Qualifying Examination moved to the South African Institute of Chartered Accountants - and no Companies Act question was asked. In Part 2 of the Qualifying Examination (Public Practice Examination), which was conducted this year in March and November by the Public Accountants' and Auditors' Board, no marks were allocated to Companies Act knowledge.

This indicates that the examing bodies have accepted a policy that the Companies Act will no longer be examined, or is in examinable. This tendency has been steadily gaining ground over the last ten years. This resulted in certain universities having substantially reduced the teaching of the Companies Act, and that students have begun to show a preference for such universities, since the extent of the study material is considerably reduced, and the consequently run no risk of being unsuccessful in the examinations of the professional body.

This situation with regard to the Companies Act is extremely critical - it disadvantages the public, damages foreign investor confidence and holds the risk that auditors may lose their sole statutory right to be appointed as auditors of companies. The Public Finance Management Act which becomes effective on 1 April 2000, is second only to the Constitution in its importance to South Africa. The influence of this law on the public sector and public entities is great - it will transform the authorities from an administration driven concern, to statutory performance management. It is both heartening and encouraging that the Office of the Auditor General is already acutely examining its audit approach, and has already made significant progress in integrating the presently greatly divergent regulation and performance audit approaches into one comprehensive approach. This Act is a significant advance, but to have real impact, it will also have to be enforced.

The Office of the Auditor General and the private auditing firms to whom the audit work may be contracted out, have a vital role to fulfil in ensuring that the Public Finance Management Act achieves its goal.

Kinds of legislature: Two common types of legislature are those in which the executive and the legislative branches are clearly separated, as in the U.S. Congress, and those in which members of the executive branch are chosen from the legislative membership, as in the British Parliament. Respectively termed presidential and parliamentary systems, there are innumerable variations of the two forms. It should be noted that while popular assemblies of citizens, as in direct democracy, are often called legislatures, the term should properly be applied only to those assemblies that perform a representative function.

In its early history, the English Parliament, like the States-General of France and the diet of the Holy Roman Empire consisted of representatives chosen according to classes or estates (see estate, in constitutional law). Out of the estates arose the typical bicameral system, in which an upper house represented the nobility and clergy and a lower house represented the bourgeoisie. Although the upper house assemblies of many countries are still nonelective or hereditary, they are generally much weaker than the popularly elected lower house and carry out only minor functions. Those states with unicameral legislatures include Finland and Israel.

A modern legislature is either Bicameral or Unicameral. Bicameralism means a legislature with two houses/chambers while uni-cameralism means a legislature with a single house/chamber. A large number of modern legislatures, particularly of big states, are bicameral i.e. legislatures with two houses (Bi = Two, Cameral = House).

However several states, mostly the small states and provinces of a federal system, have unicameral legislatures, i.e. legislatures with single houses. Where the legislature is bicameral, “the first house is usually called the lower house, and the second house is called the upper house.

Bicameral and Unicameral Legislatures A unicameral legislature is a legislature which consists of one chamber or house. A bicameral legislature simply refers to a particular body of government that consists of two legislative houses or chambers.

Unicameral legislatures exist when there is no widely perceived need for multicameralism. Many multicameral legislatures were created to give separate voices to different sectors of society. Multiple chambers allowed for guaranteed representation of different social classes (as in the Parliament of the United Kingdom or the French States-General), ethnic or regional interests, or subunits of a federation. Where these factors are unimportant, in unitary states with limited regional autonomy, unicameralism often prevails. Sometimes, as in New Zealand and Denmark, this comes about through the abolition of one of the two chambers, or, as in Sweden, through the merger of the two chambers into a single one, while in others a second chamber has never existed.

A bicameral legislature divides the legislators into two separate assemblies, chambers, or houses. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single group, and from some legislatures that have three or more separate assemblies, chambers, or houses. As of 2015, fewer than half the world’s national legislatures are bicameral.

Nigeria, India, USA, UK, France, Russia, Switzerland, Australia and a large number of other states have bicameral legislature. The unicameral legislatures are also in existence in China, New Zealand, Zimbabwe, Turkey, Portugal and several other states. The state legislatures of all the Canadian and Swiss cantons (provisions) are unicameral. In India, 6 states and 2 Union Territories have unicameral legislature.

Functions of a Legislature: Democratic legislatures have six major functions: representation, deliberation, legislation, authorizing expenditure, making governments, and oversight.

Representation: There exist five ways that representation can be achieved in a legislature:

Formalistically: how the rules of the legislature ensure representation of constituents;

Symbolically: how the constituents perceive their representatives;

Descriptively: how well the composition of the legilsature matches the demographics of the wider society;

Substantively: how well representatives actually respond to the needs of their constituents;

Collectively: how well the representatives represent the interests of the society as a whole.

1. Legislative or Law-making Functions:

The first and foremost function of a legislature is to legislate i.e. to make laws. In ancient times, laws used to be either derived from customs, traditions and religious scriptures, or were issued by the kings as their commands. However, in the contemporary era of democracy, legislature is the chief source of law. It is the legislature which formulates the will of the state into laws and gives it a legal character. Legislature transforms the demands of the people into authoritative laws/statutes.

2. Deliberative Functions:

To deliberate upon matters of national importance, public issues, problems and needs is an important function of a modern legislature. Through this function, the legislature reflects the public opinion over various issues. The debates held in the legislature have a great educative value for the people.

3. Custodian of National Finances:

A near universal rule is that “the legislature of the state is the custodian of national purse.” It holds the purse of the nation and controls the finances. No money can be raised or spent by the executive without the approval of the legislature. Each year the executive has to prepare and get passed from the legislature the budget for the coming financial year. In the budget, the executive has to place the account of the actual income and expenditure of the previous year and estimated income and expenditure for the New Year.

Not only the legislature passes the budget but also it alone can approve the imposition, or repeal or collection of any tax whatsoever. Further, the legislature maintains a control over all financial transactions and expenditures incurred by the executive.

4. Control over the Executive:

A modern legislature has the power to exercise control over the executive. In a parliamentary system of government, like the one which is at work in India, for all its actions, decisions, and policies, the executive is collectively responsible before the legislature. It is accountable before the legislature. The legislature has the power to remove the executive by passing a vote of no-confidence or by rejecting a policy or budget or law of the executive.

The Prime Minister and all other ministers are essentially the members of the legislature. They are bound by the rules and procedures of the Parliament.

(b) In a Presidential form of government, like the one which is at work in the USA, the legislature exercises some checks over the executive. It can appoint investigation committees to probe the functioning of government departments. By the use of its power to legislate and pass the budget, the legislature exercises a fair amount of control over the executive. Thus, whether a political system has a parliamentary system or a presidential system, the legislature exercises a control over the executive.

5. Constituent Functions:

In almost every state, it is the legislature which has the power to amend the constitution. For this purpose legislature has to pass special laws, called amendments, in accordance with the procedure laid down in the Constitution. In some states the requirement is that the legislature must pass the amendment with 2/3rd or 3/4th or an absolute majority of votes.

6. Electoral Functions:

A legislature usually performs some electoral functions. The two houses of the Indian Parliament elect the Vice-President. All elected MPs and MLAs form the Electoral College which elects the President of India. In Switzerland, the Federal Legislature elects the members of the Federal Council (Executive) and the Federal Tribunal (Judiciary).

7. Judicial Functions:

It is customary to give some judicial power to the legislature. Usually, the legislature is assigned to act as a court of impeachment i.e. as an investigating court for trying high public officials on charges of treason, misdemeanor and high crimes and remove them from office. In India, the Union Parliament can impeach the President. It has also the power to pass a resolution for the removal of Judges of the Supreme Court and of the High Court’s on the ground of misbehavior or incapacity.

8. Ventilation of Grievances:

A legislature acts as the highest forum for ventilation of public grievances against the executive. Besides representing every interest and shade of opinion, the legislature acts as the national forum for expressing public opinion, public grievances and public aspirations. Parliamentary debates and discussions throw a flood light over various issues of public importance.

9. Miscellaneous Functions:

Some legislatures are assigned specific executive tasks. For example, the US Senate (Upper House of US Legislature) has the power to confirm or reject the major appointments made by the US President. Likewise, it enjoys the power to ratify or reject treaties made by the US President. In India, the

Rajya Sabha has been given the power to establish or eliminate any All India Service. Legislatures also perform the function of approving or rejecting or amending all the policies and plans made by the executive. In the US Constitution, the Congress (Legislature) enjoys the power to declare war.

Thus the legislative organs of the government play a very important and active role in the exercise of the sovereign power of the state. In fact legislature is the legal sovereign in the State. It has the power to transform any decision of the state into a law. Legislature is the chief source of law. It is the mirror of national public opinion and the symbol of the power of the people.

Function in authoritarian regimes:

In contrast to democratic systems, legislatures under authoritarianism are used to ensure the stability of the power structure by co-opting potential competing interests within the elites, which they achieve

● Providing legitimacy; ● Incorporating opponents into the system; ● Providing some representation of outside interests; ● Offering a way to recruit new members to the ruling clique; ● Being a channel through which limited grievances and concessions can be passed.

Types of Legislature: Bicameral and Unicameral Legislatures:

India, USA, UK, France, Russia, Switzerland, Australia and a large number of other states have bicameral legislature. 22 states of India have bicameral legislatures.

The unicameral legislatures are working in China, New Zealand, Zimbabwe, Turkey, Portugal and several other states. The state legislatures of all the Canadian and Swiss cantons (provisions) are unicameral. In India, 6 states and 2 Union Territories have unicameral legislatures.

Internal organization:

Each chamber of the legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a certain number of legislators present to carry out these activities; this is called a quorum.

Some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are usually delegated to committees made up of a few of the members of the chamber(s).

The members of a legislature usually represent different political parties; the members from each party generally meet as a caucus to organize their internal affairs.

Members:

Legislatures are made up of individual members, known as legislators, who vote on proposed laws. A legislature usually contains a fixed number of legislators; because legislatures usually meet in a specific room filled with seats for the legislators, this is often described as the number of "seats" it contains. For example, a legislature that has 100 "seats" has 100 members. By extension, an electoral district that elects a single legislator can also be described as a "seat", as, for, example, in the phrases "safe seat" and "marginal seat".

After election, the members may be protected by parliamentary immunity or parliamentary privilege, either for all actions the duration of their entire term, or for just those related to their legislative duties.

Chambers:

A legislature may debate and vote upon bills as a single unit, or it may be composed of multiple separate assemblies, called by various names including legislative chambers, debate chambers, and houses, which debate and vote separately and have distinct powers. A legislature which operates as a single unit is unicameral, one divided into two chambers is bicameral, and one divided into three chambers is tricameral.

In bicameral legislatures, one chamber is usually considered the upper house, while the other is considered the lower house. The two types are not rigidly different, but members of upper houses tend to be indirectly elected or appointed rather than directly elected, tend to be allocated by administrative divisions rather than by population, and tend to have longer terms than members of the lower house. In some systems, particularly parliamentary systems, the upper house has less power and tends to have a more advisory role, but in others, particularly federal presidential systems, the upper house has equal or even greater power.

In federations, the upper house typically represents the federation's component states. This is also the case with the supranational legislature of the European Union. The upper house may either contain the delegates of state governments – as in the European Union and in Germany and, before 1913, in the United States – or be elected according to a formula that grants equal representation to states with smaller populations, as is the case in Australia and the United States since 1913.

Tricameral legislatures are rare; the Massachusetts Governor's Council still exists, but the most recent national example existed in the waning years of White- minority rule in South Africa. Tetracameral legislatures no longer exist, but they were previously used in Scandinavia.

Legislatures vary widely in their size. Among national legislatures, China's National People's Congress is the largest with 2,980 members, while Vatican City's Pontifical Commission is the smallest with 7. Neither legislature is democratically elected: The Pontifical Commission members are appointed by the Pope and the National People's Congress is indirectly elected within the context of a one-party state.

Legislature size is a trade off between efficiency and representation; the smaller the legislature, the more efficiently it can operate, but the larger the legislature, the better it can represent the political diversity of its constituents. Comparative analysis of national legislatures has found that size of a country's lower house tends to be proportional to the cube root of its population; that is, the size of the lower house tends to increase along with population, but much more slowly.

Relation to other branches of government :

Legislatures vary widely in the amount of political power they wield, compared to other political players such as judiciaries, militaries, and executives. In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed a Parliamentary Powers Index in an attempt to quantify the different degrees of power among national legislatures. The German Bundestag, the Italian Parliament, and the Mongolian State Great Khural tied for most powerful, while Myanmar's House of Representatives and Somalia's Transitional Federal Assembly (since replaced by the Federal Parliament of Somalia) tied for least powerful.

Some political systems follow the principle of legislative supremacy, which holds that the legislature is the supreme branch of government and cannot be bound by other institutions, such as the judicial branch or a written constitution. Such a system renders the legislature more powerful.

In parliamentary and semi-presidential systems of government, the executive is responsible to the legislature, which may remove it with a vote of no confidence. On the other hand, according to the separation of powers doctrine, the legislature in a presidential system is considered an independent and coequal branch of government along with both the judiciary and the executive. Nevertheless, many presidential systems provide for the impeachment of the executive for criminal or unconstitutional behaviour. Legislatures will sometimes delegate their legislative power to administrative or executive agencies.

Terminology:

The name used to refer to a legislative body varies by country.

Common names include:

Assembly (from to assemble)

Congress (from to congregate)

Diet (from old German 'people')

Duma (from Russian dúma 'thought')

Estates or States (from old French 'condition' or 'status')

Parliament (from French parler 'to speak')

Though the specific roles for each legislature differ by location, they all aim to serve the same purpose of appointing officials to represent their citizens to determine appropriate legislation for the country.

Law making and non law making function :

The laws of India are made by the union government for the whole country and by the state governments for their respective states as well as by local municipal councils and districts. The legislative procedure in India for the union government requires that proposed bills pass through the two legislative houses of the Parliament of India, i.e. the Lok Sabha and the Rajya Sabha. The legislative procedure for states with bicameral legislatures requires that proposed bills be passed, at least in the state's Lower House or the Vidhan Sabha and not mandatory to be passed in the Upper House or the Vidhan Parishad. For states with unicameral legislatures, laws and bills need to be passed only in the state's Vidhan Sabha, for they don't have a Vidhan Parishad.

Constituent power of Parliament

The process of addition, variation or repeal of any part of the Constitution by the Parliament under its constituent powers, is called amendment of the Constitution. The procedure is laid out in Article 368. An amendment bill must be passed by each House of the Parliament by a majority of the total membership of that House when at least two-thirds of the members are present and voting. In addition to this, certain amendments which pertain to the federal and judicial aspects of the Constitution must be ratiﬁed by a majority of state legislatures. There is no provision for joint sitting of the two houses (Lok Sabha and Rajya Sabha) of the Parliament to pass a constitutional amendment bill. The basic structure of the Indian Constitution cannot be altered or destroyed through constitutional amendments under the constituent powers of the Parliament without undergoing judicial review by the Supreme Court. After the 24th Amendment, Parliament in its constituent capacity can not delegate its function of amending the Constitution to another legislature or to itself in its ordinary legislative capacity. Proclamation of emergency per Article 352 (6) shall be ratiﬁed by the Parliament similar to its constituent power. When president's rule is invoked in a state using Article 356 (c) and its proclamation contains such incidental and consequential provisions suspending in whole or in part the operation of any provisions of the Constitution relating to any body or authority in the state for giving effect to the objects of the proclamation, the proclamation needs to be approved by the Parliament under its constituent power (i.e. not by simple majority) after the 24th Amendment.

1. Law-making in a constitutional state • Law-making and separation of powers • Law-making process and democracy • Law-making and rule-of-law state • Law-making and the social state • Law-making and federalism 2. Pre-legislative stage of the law-making • Pre-legislative stage in the countries with different forms of government • Pre-legislative stage in parliamentary countries • Pre-legislative stage in the presidential and half-presidential countries • Law-drafting 3. Law-making in the legislative bodies • The legislative process: general characteristic 4. The legislative bodies and the problem of the constitutional control • The modern constitutional control • The constitutional review in specialized courts • The constitutional review by ordinary courts

Money bill: Bills which exclusively contain provisions for imposition and abolition of taxes, for appropriation of moneys out of the Consolidated Fund, etc., are certified as money bills by the Speaker of the Lok Sabha. Money bills can be introduced only in Lok Sabha on the recommendation of the President per Articles 109, 110 and 117. For every fiscal year, the annual budget or annual financial statement with demand for grants on the recommendation of the President per Articles 112 to 116 shall be passed by the Lok Sabha. The Rajya Sabha cannot make amendments to a money bill passed by the Lok Sabha and sent to it. It can, however, recommend amendments in a money bill, but must return all money bills to Lok Sabha within fourteen days from the date of their receipt. The Lok Sabha can choose to accept or reject any or all of the recommendations of the Rajya Sabha with regard to a money bill. If the Lok Sabha accepts any of the recommendations of the Rajya Sabha, the money bill is deemed to have been passed by both houses with amendments recommended by Rajya Sabha and accepted by Lok Sabha. If the Lok Sabha does not accept any of the recommendations of Rajya Sabha, the money bill is deemed to have been passed by both houses in the form in which it was passed by Lok Sabha without any of the amendments recommended by Rajya Sabha.

If a money bill passed by the Lok Sabha and transmitted to the Rajya Sabha for its recommendations is not returned to the Lok Sabha within fourteen days, it is deemed to have been passed by both houses at the expiration of the period in the form in which it was passed by the Lok Sabha. When a money bill introduced in the Lok Sabha by the government fails to get its approval, the ruling party is treated as not commanding the majority support in the Lok Sabha or shall be dismissed by the President to pave way for new government / fresh elections or opposition would move no conﬁdence motion.

At state level also money bills shall be introduced in the legislative assembly only per Articles 198, 199 and 207 on the recommendation of the Governor. When a money bill introduced in the legislative assembly by the state government fails to get its approval, the ruling party is treated as not commanding the majority support in the legislative assembly or shall be dismissed by the governor to pave way for new government / fresh elections or opposition would move no conﬁdence motion.

Ordinances: When both houses of Parliament are not in session, extant provisions of law are felt inadequate, under compelling circumstances and the President is satisﬁed for the need of immediate action, he/she may promulgate such required ordinances under Article 123 of the Constitution. An ordinance has same force and effect as an act of Parliament. Every ordinance shall cease to operate if not passed by the Parliament before the expiration of six weeks from its reassembly. The President shall not issue any ordinance which needs an amendment to the Constitution or which violates the Constitution. When the state assembly is not in session, the Governor of a state can issue ordinances per Article 213 subject to the approval of the President.

President's approval: When a bill has been passed by both houses following the described process, it is sent to the President for his approval per Article 111. The President can assent or withhold his assent to a bill or he can return a bill, other than a money bill which is recommended by the President himself to the houses. However Article 255 says that prior recommendation of the President or the Governor of a state wherever stipulated is not compulsory for an act of Parliament or of the legislature of a state but the ﬁnal consent of the President or Governor is mandatory. If the President is of the view that a particular bill passed under the legislative powers of Parliament violates the Constitution, he can return the bill with his recommendations to pass the bill under the constituent powers of Parliament following the Article 368 procedure. The President shall not withhold constitutional amendment bill duly passed by Parliament per Article 368. If the President gives his assent, the bill is published in The Gazette of India and becomes an act from the date of his assent. If he withholds his assent, the bill is dropped, which is known as absolute veto. The President can exercise absolute veto on aid and advice of the Council of Ministers per Article 111 and Article 74.

The President may also effectively withhold his assent as per his own discretion, which is known as pocket veto. The pocket veto has only been exercised once by President Zail Singh in 1986, over the Postal Act which allowed the government to open postal letters without warrant by amending the Indian Post Oﬃce Act, 1898. If the President returns it for reconsideration, the Parliament must discuss once again, but if it is passed again and returned to the President, he must give his assent to it. If Parliament is not happy with the President for not assenting a bill passed by it under its legislative powers, the bill can be modiﬁed as a constitutional amendment bill and passed under its constituent powers for compelling the president to give assent. In case a constitutional amendment act is violating the basic structure of the Constitution, the constitutional bench of the Supreme Court would quash the act.

When Parliament is of the view that the actions of the President are violating the Constitution, impeachment proceedings against the president could be taken up to remove him under Article 61 where at least two-thirds of the total membership of each house of Parliament should vote in favour of the impeachment when charges against the president are found valid in an investigation. In case of a bill passed by the legislative assembly of a state, the consent of that state's governor has to be obtained. Some times the governor may refer the bill to the president anticipating clash between other central laws or constitution and decision of the president is ﬁnal per Articles 200 and 201. All decisions of the Union Cabinet are to be assented by the President for issuing gazette order. In case the Cabinet decisions are not in the purview of the established law, the President shall not give assent to the Cabinet decisions. He may indicate that the Union Cabinet has to pass the necessary legislation by the Parliament to clear the Cabinet decision. A minister is not supposed to take any decision without being considered by the Union Council of Ministers per Article 78(c).

The purpose of framing the Indian Constitution is to serve with honesty, eﬃciency and impartiality for the betterment of its citizens by the people who are heading or representing the independent institutions created by the Constitution such as judiciary, legislature, executive, etc. When one or more institutions are failing in their duty, the remaining shall normally take the lead in correcting the situation by using checks and balances as per the provisions available in the Constitution.

Coming into force:

Generally most acts will come into force, or become legally enforceable in a manner as prescribed in the act itself. Either it would come into effect from the date of assent by the President (mostly in case of ordinances which are later approved by the Parliament), or a specific date is mentioned in the act itself (mostly in the case of finance bills) or on a date as per the wish of the central or the state government as the case may be. In case the commencement of the act is as made as per the wish of the government, a separate Gazette notification is made, which is mostly accompanied by the rules or subordinate legislation in another Gazette notification NON-Law Making:

• Non-legislative functions are powers and responsibilities not related to passing laws • Include impeachment power, confirmation power, investigative power

As if the expressed, implied, and inherent powers don't already give Congress plenty with which to keep itself busy, the Constitution also assigns the legislative branch several important non-legislative functions—that is, powers and responsibilities not directly related to the process of making new laws.

Most of these are used only in special circumstances. For example, Congress has important electoral powers, but they are only used if the regular electoral practices fail to produce clear results. Most famously, the House of Representatives gets to choose the president anytime no candidate is able to win a majority in the Electoral College. (Luckily, this has only happened twice, and not recently; the House elected Thomas Jefferson in 1801 and John Quincy Adams in 1825.) Along the same lines, the Senate has the responsibility for electing the vice president if no candidate for VP is able to win an electoral- college majority.

Congress also has the power of impeachment—that is, the power to remove from office any federal official deemed to have committed what the Constitution called "Treason, Bribery, or other high Crimes and Misdemeanors." The Constitution gives the House the sole power to impeach— that is, to bring charges against government officials. If a simple majority of the House votes to impeach, then the Senate is required to serve as judge and jury, with a two-thirds supermajority vote needed to convict. So far in our history, only two presidents—Andrew Johnson in 1868 and Bill Clinton in 1998—have been impeached by the House. Both won acquittal from the Senate, however, and remained in office to complete their terms.

The Constitution also grants the Senate the unique non-legislative power to confirm or deny all major appointments made by the president. The Constitution requires that the president seek the "advice and consent" of the Senate when appointing federal judges, cabinet officers, and major officials of executive agencies. In practice, that means that a majority of the full senate must vote to confirm the president's nominees in order for them to take office. In recent years, Senate opposition has stymied presidential choices for a wide variety of federal appointments, including crucial appointments to the Supreme Court.

The Constitution also requires that the president seek the Senate's "advice and consent" on all international treaties, demanding a two-thirds vote of the Senate for any treaty to acquire the force of law.