Parliament – An Introduction • Meaning of the word ‘Parliament’ -- is a word derived from the French expression parlement which means ‘speaking’, and Latin word ‘parliamentum’ which means ‘talking. It has come to mean ‘meeting for discussion’. • Article 79-122 deals with (Parliament) of Part V (Union) • Different Names of Legislature: In India Parliament is known as Sansad. • The Parliament of India is the supreme legislative body of the Republic of India. The Parliament is composed of the President of India and the houses. It is bicameral with two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). • Those elected or nominated (by the President) to either house of Parliament are referred to as members of parliament (MP). The Members of Parliament, Lok Sabha are directly elected by the Indian public voting in Single-member districts and the Members of Parliament, Rajya Sabha are elected by the members of all of the State Legislative Assembly by proportional representation. Composition Basic Principle of Composition: Bicameralism means that Parliament/ Legislature shall have two houses, one representing people and other representing units of federation (states) to ensure the federal system of government. Components: • Lok Sabha (The House of People/ Lower House) • Rajya Sabha (Council of States/ Upper House) • President is an integral part of Parliament • The Lok Sabha is also known as –The house of People • The Lower House • The Popular House • The First Chamber • Total members – 545 (530 from different states + 13 from UTs + 2 Anglo-Indians) • Method of Election: Directly by the people on the basis of universal adult franchise and territorial constituencies Lok Sabha • Basic qualifications of the members: 1. Must be a citizen of India; 2. Must be not less than 25 years of age; 3. Should not hold any Office of Profit; 4. Should neither be insane, nor bankrupt, and 5. Should possess all those qualification prescribed by the Parliament from time to time. • Tenure: 5 years • Number of Sessions: Two Mandatory Sessions • Quorum: 1/10 th • Presiding Officer: Speaker, and Deputy Speaker elected by the members of Lok Sabha LoK Sabha Rajya Sabha • Rajya Sabha is also known –The council of States • The Upper House • The House of elders • The Secound Chamber • Total members – 250 (238 elected + 12 nominated by the President from amongst scientists, artists, scholars, social workers etc.) • Method of Election: Members are elected by the members of State Legislative Assemblies through open ballot by single transferable vote of proportional representation system • Tenure: Permanent House but members of Rajya Sabha have 6 years terms and 1/3rd of its member retire every second year • Qualifications: Not less than 30 years of Age, other qualifications remain as those required for Lok Sabha. • Presiding Officer: Vice President is ex-officio Chairman of Rajya Sabha and Deputy Chairman • Quorum: 1/10th Role of Parliament – in Nutshell • To form or end the Government • To represent the electorate • To legislate • To hold the Government accountable for its actions • To monitor the expenditure of public funds • To be a forum for debate • To be a forum for the expression of grievances • To call for Information LoK Sabha -Speaker • The Speaker of the Lok Sabha is the presiding officer of the Lok Sabha, the lower house of the Parliament of India. The speaker and Deputy Speaker is elected in the very first meeting of the Lok Sabha following general elections. Serving for a term of five years, the Speaker chosen from amongst the members of the Lok Sabha, and is by convention a member of the ruling party or alliance. Powers and functions of the Speaker • The Speaker of the Lok Sabha conducts the business in house; and decides whether a bill is a money bill or not. • They maintain discipline and decorum in the house and can punish a member for their unruly behaviour by suspending them. • They also permit the moving of various kinds of motions and resolutions such as a motion of no confidence, motion of adjournment, motion of censure and calling attention notice as per the rules. Rajya Sabha – Chairman • The Vice-President of India is the ex-officio Chairman of the Rajya Sabha, who presides over its sessions. The Deputy Chairman, who is elected from amongst the house's members, takes care of the day-to-day matters of the house in the absence of the Chairman. The Rajya Sabha held its first sitting on 13 May 1952 • Rajya Sabha members are elected by state legislatures rather than directly through the electorate by single transferable vote method. State Legislatures • STATE LEGISLATURE -Art- 168-212 of Part VI • Legislative Assembly-Lower House : (Vidhan Sabha). • Legislative Council -Upper House: (Vidhan Parishad) • Article 168: Constitution of Legislatures in States. • (1) For every State there shall be a Legislature which shall consist of the Governor, and— • (a) in the States of Andhra Pradesh, Telengana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir, two Houses; (b) in other States, one House. (2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly. Composition of Legislative Assembly • Each State shall have a LA • Not more than 500 members • Not less than 60 members • Direct election from territorial constituencies. • Ratio seats : population uniform • Delimitation-- end of each decennial Census • Universal Adult Franchise; fixed no (1) Anglo- Indian • [Art.172]: Term of LA – • 5 years from date of FIRST meeting • During 5 years if emergency is in operation- extension by Parliament not exceeding one year at a time in any case not extending beyond by six months from end of emergency • Qualifications: • Citizen of India • 25 years of age • Such Qualification as may be prescribed by Parliament by law. • Sessions: • At least twice a year —interval not more than six months • Quorum – • 1/10 th of total membership of the House—for transacting • Powers and Functions of LA • make laws on any subjects in State List • Can make laws on any subjects in Concurrence List. should not conflict with law already made by Parliament. • Control over council of ministers-asking questions, passing no confidence motion etc., • Controls Finance of Govt.– has exclusive powers to pass money bills. • Elects its own Speaker & Deputy Speaker Remove them by a majority of members of LA The Speaker and The Deputy Speaker • The Speaker and The Deputy Speaker • Neutral from party politics • Command respect of the groups. • Powers of Speaker of the LA • Presiding Officer- conducts the House in an orderly manner and regulates the proceedings. • Casting Vote • Allotment of time to each agenda. • Admits all the resolutions for discussion & decides on adjournment Legislative Council ( LC) • Composition of Legislative Council ( LC ) • Not more than 1/3 rd the members of LA of the State • Not less than 40 members unless Parliament provides by Law. • Until such law by the Parliament • [Art.171] clause c provides for • 1/3 rd elected by electorate of Municipalities, District Boards & local authorities specified by Law • 1/12 th graduates of any university in territory of India - 3 yrs Residence in state. • 1/4 th Teachers Constitution -3yrs-not below secondary school – equivalent by law-Parliament • 1/3 rd non LA members-elected by LA members. • Remaining nominated by Governor Literature, Art, Science, Social Service, co-op movement Term of Legislative Council ( LC ) • Term of Legislative Council ( LC ) • Permanent body – not subject to dissolution • 1/3 rd members retire every 2 years • after completion of 6 years term. • Qualifications of members of Legislative Council • Citizen of India • 30 years of age • Possesses such Qualification as may be prescribed by Parliament by law. • Chairman & deputy chairman (Presiding officers) • elected by its own members • removed by resolution by a majority of existing members in the council at the time of passing the resolution. Judiciary • Supreme Court Part V, Articles 124 to 147 • Role of Judiciary • Rule of law implies that all individuals — rich and poor, men or women, forward or backward castes — are subjected to the same law. • Judiciary protects rule of law and ensure supremacy of law. • It safeguards rights of the individual, settles disputes in accordance with the law and • It ensures that democracy Structure of Judiciary • Supreme Court of India – • Its decisions are binding on all courts. Can transfer Judges of High Courts. Can move cases from any court to itself. Can transfer cases from one High Court to another. • High Court • Can hear appeals from lower courts, Can issue writs for restoring Fundamental Rights. Can deal with cases within the jurisdiction of the State. Exercises superintendence and control over courts below it. • District Court • Deals with cases arising in the District, Considers appeals on decisions given by lower courts. Decides cases involving serious criminal offences Supreme Court of India • India has a single integrated System of India has a single integrated System of Judiciary in view of a Single Constitution. Judiciary in view of a Single Constitution. • Qualification for appointment as a Supreme Court Judge • (a) a citizen of India, • (b) has been a judge of any High Court for at least 5 years, or • (c) has been an advocate in a High Court for 10 years or is in the opinion of the President a distinguished jurist. • There is no fixed tenure of service for a judge. He continues in service till the completion of 65th year of age. Vacancy of Post of Judge of Supreme Court in India • Article 124 (4) prescribes the methods how the post of a judge may fall vacant. These are • (a) retirement on completion of 65th year of age, • (b) resignation and • (c) removal through impeachment.