Constitutional Law Parliament
Constitutional Law Parliament
Constitutional Law Parliament
FOR FULFILMENT OF
INTERNAL EVALUATION
ON
“THE PARLIAMENT”
Submitted
To
Secondly I would also like to thank my parents and friends who helped me a lot in
finalizing this assignment within the limited time frame.
INDEX
SNo. TOPIC
1. Introduction
2. Composition of parliament
3. Rayja Sabha
4. Chairperson and Deputy Chairperson of Rajya
5. Position in other Countries
6. The utility of the Rajya Sabha
7. The Lok Sabha
8. Territorial Constituencies
9. Tenure of Lok Sabha
10. Parliamentary Priviledges
11. Disqualification
12. Speaker and Deputy Speaker of Lok Sabha
13. Sessions of Parliament
14. Prorogation
15. Dissolution
16. Powers of Parliament
17. Functions of Parliament
18. Bills
19. Conclusion
Introduction
The supreme legislative organ of the union of India is called the Parliament. Indian
Constitution provides us a Parliamentary Democracy. Parliament of India is made
from Lok Sabha, Rajya Sabha and President. Articles 79-122 of the Indian
Constitution deal with the composition, powers and procedures of the Parliament
of India. Parliament, which is a platform to do a discussion on issues having social
and civic importance in any popular democracy, is a cornerstone of democratic
values in any representative democracy.All the legislative powers of the federal
Government are vested in the Parliament. The laws framed by the Indian
Parliament are enforced in the whole of the country. The Parliament of India is a
bi-cameral legislature. It consists of two houses- Rajyasabha Lok Sabha and
President of India. Rajyasabha is the upper chamber of the Parliament while Lok
Sabha is the lower chamber of the Parliament.
The Parliament of India is the supreme legislative authority in the country and it is
bicameral.The President has the power to summon and prorogue either House of
Parliament or to dissolve Lok Sabha. The Constitution of India came into force on
January 26, 1950. The first general elections under the new Constitution were held
during the year 1951-52.
The practice of allowing the government to convene Parliament differs from those
followed in other countries.
Compositon of Parliament
The Parliament in India comprises the President of India, the Upper House i.e.
Rajya Sabha and the Lower House i.e. Lok Sabha. To understand the functions
served by the President, we can say that the post of president is somewhat
equivalent to the role and functions of the Queen or Crown in the United Kingdom.
Article 79 of the Constitution of India states that there shall be a Parliament for the
Union, which comprises of the President and the two Houses- Rajya Sabha (the
council of states) and Lok sabha (House of the people)
This house consists of 250 members out of which, 238 members are elected by
means of a single transferable vote. 12 members are nominated by the President on
the advice of the council of ministers.
The method of election of these members is listed in Article 80(1) of the Indian
Constitution.It says that the members would be elected by the elected members of
respective state assemblies in accordance with proportionate representation of
every state.This provision thus reflects the federal nature of the Council of States,
where every state is represented proportionally.
However, the number of members representing each state varies from 1 to as large
as 31 (for Uttar Pradesh).1
Article 102 of the Indian Constitution provides for conditions on which one can be
disqualified from either of the houses. It says that one must be disqualified as a
member of the house if,
However, to take care of its day-to-day affairs, and to preside over the sessions in
the absence of the Chairperson, i.e. the Vice-President, a member of the house
itself is chosen internally by the as Deputy Chairperson of the house.
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Position in other Countries
It’ll be an interesting task to look into other democratic systems if something like
Rajya Sabha or Upper House exists there too.
Most of the nation-states in the European Union have a council of states. And
almost all of them functions as a consultative or advisory body to the president or
the government.
For example, the Belgian Council of States is a Judicial and advisory body, which
assists legal advisory in matters of draft bills to the executive.
While in China, the Chinese State Council happens to be the highest administrative
body of the country.
The utility of the Rajya Sabha can be understood by this hypothetical situation.
Suppose, after general elections, a single political party comes to a thumping
majority in the lower house.Now, having this majority, they can pass any bills or
piece of legislation even if the same is not fruitful to the people and democracy
unless there is a system of check2
So, this second house serves as a safety valve and a system of check regarding all
the functions of the lower house.
Lok Sabha
The provisions of Article 331 of the Indian Constitution provides for the existence
of the house of the people and shall consist of a maximum of 530 chosen members
from different states, not more than 20 members to be chosen from the Union
Territories. If President feels that there is a lack of representation of the Anglo-
Indian Community in parliament he may nominate two members of the Anglo-
Indian Community.
Some seats are also reserved for the Scheduled Caste and Scheduled tribes
communities especially laid aside for them all over the country.
The representation is allocated to the states and the Union Territories according to
the Representation of the people Act passed by the Parliament of India in 1951.
The members elected by Universal Adult Suffrage serve their offices for a tenure
of five years.However, if devoid of a popular majority, the government can fall and
the house can dissolve midway anytime before the completion of five years.
Parliamentary Privileges
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Parliamentary privileges are defined in Article 105 of the Indian Constitution. The
members of Parliment are exempted from any civil or criminal liability for any
statement made or act done in the course of their duties. The privileges are claimed
only when the person is a member of the house. As soon as he ends to be a
member, the privileges are said to be called off. The privileges given to the
members are necessary for exercising constitutional functions. These privileges are
essential so that the proceedings and functions can be made in a disciplined and
undisturbed manner.
These rights are mainly from the members of both the Houses of Parliament. Apart
from this, these rights are also given to those individuals who speak and participate
in any committee of the Parliament, which includes the Attorney General of India
and the Union Ministers.
India in the case of Raja Ram Pal v Hon’ble speaker defined the term privilege as
“A special right, advantage or benefit conferred on a particular person. It is a
particular advantage or favor granted to one person as against another to do certain
acts”. Inherent in the term is the idea of something, apart and distinct from a
common right which is enjoyed by all persons and connotes some sort of special
grant by the sovereign.3
Privileges
Parliamentary Privileges:
4. The provision of clauses (1), (2), and (3) shall apply in relation to persons who
by virtue of this Constitution have the right to speak in, and otherwise to take part
in the proceedings of, a House of Parliament or any committee thereof as they
apply in relation to the members of Parliament.
Cases
In P.V. Narsimha Rao v. State (JMM Bribery Case) 4 has held that the privilege
of immunity from courts proceedings in Article 105 (2) extends even to bribes
taken by the Members of Parliament for the purpose of voting in a particular
manner in Parliament
4
AIR 1998 SC 2120.
In Wason v. Walte,Cockburn 5, C.J. observed that it was of paramount public and
national importance that parliamentary proceedings should be communicated to the
public, which has the deepest interest in knowing what passes in Parliament. But a
partial report or a report of detached part of proceedings published with intent to
injure individuals will be disentitled to protection. The same is the law in India
Disqualification
Now, Article 102 of the Indian Constitution lays the grounds on which a legislator
can be disqualified as a member of the Parliament.
5
1868) LR 4 QB 73.
6
AIR 1959 SC 395.
7
1977 (2) Punj. & Har. 269.
If he/she holds any office of profit under the Government of India or any of
the states;
If he/she is declared of unsound mind by a Court;
If he/she is an undischarged insolvent;
If he/she is not a citizen of India anymore;
If he/she is disqualified by virtue of any law passed by the parliament of
India.
Office of Profit
The need for an anti-defection law was felt in India when in 1967, one legislator
from Haryana, Gaya Lal, changed his party thrice in a single day. Also, the
General Elections of 1967 saw a great number of defections was seen as around
150 MPs flitted their political parties.8 However, an act tackling such problems
was passed by Parliament in the year 1985.
As per the provisions, the members can be disqualified on the following grounds:
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9
http://prsindia.org/theprsblog/anti-defection-law-explained
Visited 14 May 2020 ,Thu 9:00 am
10
AIR 1994 SC 1558
Now let’s look for which people have the authority to disqualify the members.
The chairman, in the case of Rajya Sabha and the Speaker, in the case of Lok
Sabha has powers to disqualify a member on grounds of defection.
This law also has some exceptions, specifically when political parties merge with
some other political party.11
Vacation of seats
Constitution provides us with Article 101 in the Fifth part of the Indian
Constitution.
Thus, as envisaged under this Article, a member must vacate his/her seat if
He/she is elected in both houses as this article clearly states that no person
shall be chosen as members in both the houses.
He/she becomes a member of the Central legislature as well as a state
legislature, then he must vacate his seat in the house.
He/she becomes subject to any of the disqualifications mentioned by
Parliament
He/she, without permission of the speaker, is absent from the house for
consecutive 60 days
And, after a seat is vacated in either of legislative houses, polls are
conducted to fill the vacancy.
Now, if only one name is proposed by the MPs, no formal voting happens but, in a
case where a proposal for more than one name shows up, a division vote is
organized and the Speaker is chosen accordingly.
His/her function also includes maintaining decorum and discipline in the house and
punishing those who are not complying with his guidelines. Also, in the order of
precedence, he/she is ranked 6th, parallel to the Chief Justice of India.12
The Deputy Speaker of the Lok Sabha serves as a Number-Two, who in the
absence of the Speaker carries forward his roles and functions. He/she also has a
tenure of 5 years and can leave the post midway if he/she ceases to be a member of
parliament13.
Prorogation
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13
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Prorogation of the house essentially means termination of a session of the house.
The notice of prorogation is issued by the Speaker or the Chairperson of the House.
After a session is ended, the presiding officer adjourns the house sine die, i.e with
no appointed date for resuming the house and then after a few days, the notice is
issued.
Dissolution
The power to dissolve the Lok Sabha is placed with the President of India in
accordance with Article 85 of the Indian Constitution.
1. When the term of the Lok Sabha, i.e 5 years complete and is dissolved by
the leader of the ruling party.
2. When the government loses the majority and floor test is about to happen, in
that case, the president can dissolve the house.
Powers of Parliament
1) Legislative Powers- All the subjects in our constitution are divided among
state, union and concurrent lists. In concurrent list Parliamentary law is over riding
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than state legislative law. Constitution also have powers to make law with respect
to state legislature in following circumstances:
6). Electoral Powers- It has its participation in the election of President and Vice-
President. The members of Lok Sabha elects speaker and deputy speaker from
among its members. Similarly members of Rajya Sabha elects deputy chairman.
(iii). Increase or decrease area, change names, alter the boundary of the states
(iv). Create or abolish state legislature etc any powers can be added from time to
time15
Article 245 of the constitution declares that parliament may make laws for the
whole or any part of the territory of India and a state legislature can make laws for
the whole or any part of the state. Seventh Schedule of the constitution distributes
the legislative powers between the centre and the state by putting subjects into
Union List, State List and Concurrent List. The centre can make law on any of the
subjects in the union list or in the concurrent list. The parliament can override the
law of a state on a subject listed in concurrent list. In addition to these powers, the
residuary powers are also vested with the parliament.
FUNCTIONS
1. Legislative Functions:
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The Parliament makes laws on all subjects listed in the Union List. It can also
make laws on subjects listed under the Concurrent List. In case there is any conflict
or overlapping in the provisions existing in the Union and State enactment, the
Union law prevails. In cases when an emergency has been declared, the Union
Parliament can also make laws on subjects that fall within the State List.
2. Financial Control:
Union Parliament has exclusive powers to provide ways and means through which
revenue has to be raised for public services. To that end it imposes taxes and also
ensures that the money sanctioned for expenditure to various departments of the
government has been spent for the authorized purposes.
Our Parliamentary system blends the legislative and the executive organs of the
State in as much as the executive power is wielded by a group of Members of the
Legislature who command majority in the Lok Sabha.To be more specific the
government functions through various Ministries under the charge of different
Ministers. The Parliament provides the Ministers and holds them responsible to the
elected representatives of the people. The Ministers could be Member of either of
the two Houses of the Parliament. The actual execution of government policies as
decided by the Parliament is carried out by the bureaucracy headed by a Secretary
of the Department.
The Parliament provides the forum through which is ensured that the Cabinet
remains in power only as long as it commands majority support in the Lok Sabha
which comprises elected representatives of the people. It is one of the most
important functions of the Parliament to bring about discussions and critical
assessments of the performance of the government departments.
The debates ensure that the weaknesses in terms of performance are brought to
light and the Ministers and through them the entire executive machinery is kept on
toes.
5. Role of opposition:
The existence of opposition also ensures that the nation gets to know about the
alternative points of view.
6. An organ of information:
Parliament is the most powerful organ so far information about the functioning of
the government is concerned. The information provided in the Houses is
authoritative and Ministers are bound to provide information on matters of
government when so desired by the members.
8. Judicial Functions:
Parliament has the exclusive powers to impeach the President and remove judges
of the Supreme Court and the High Court’s through a prescribed procedure.
Parliament can also punish a person for contempt or defamation of the House.
9. Elective functions:
Elected members of the Rajya Sabha and the Lok Sabha Constitute the Electoral
College for the election of the Vice-President. Along with elected members of the
State Legislatures they form the Electoral College for election to the office of the
President. The Parliament can also by legislation create new States or make
changes in the existing boundaries of the States.16
BILLS
The most significant function of the Parliament is to take legislative decisions such
as making a law or amending it. All legislative proposals are brought before
Parliament in the form of bills. A bill is the draft of a legislative proposal, which
becomes a law after receiving the approval of both the houses of the Parliament
and the assent of the President.
Types of bills:
The two types of bills are public bills and private bills, which follow the same
procedure and pass through the same stages in both houses of the Parliament. The
differences between the two bills are as follows:
2. A government bill reflects the policies of the government while a private bill
reflects the stand of opposition party on public matters.
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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.
The bills introduced in the parliament can also be further classified as:
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.
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.
2. Money Bill:
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 recommendation of the President is not necessary for its
introduction. Both the houses have power to reject or amend the bill.
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.
(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
Finally with the matter presented above we can conclude that India is the world’s
largest democracy. It means that citizens of the country choose their own
representatives, who form the government. These representatives form a legislative
body known as the parliament.As citizens of a great country, we all have a duty to
abide by the law and the fundamental principles of our constitution. And it is this
constitution that upholds the democratic values that our forefathers struggled to
establish. Before we attained independence from the colonial rule, only a few
select people had the fundamental right to vote. People couldn’t voice their
opinions freely.It is because of this oppression that our leaders opted for a
democracy where the people of India could voice their opinions and participate in
the decision-making process. And it is our parliamentary system of government
that protects this democracy.
The Constitution itself contains the provisions which enable the Legislative branch
to check the power of the Executive . While it is true that the provisions of the two
branches were framed keeping in mind the need to limit the power of the
Executive, the constitution does not place any one branch in a position to influence
the other to such an extent that it’s will extends over that of the other’s.
BIBLIOGRAPHY
https://blog.ipleaders.in/the-parliament
https://www.jagranjosh.com/general-knowledge/list-of-articles-related-to-parliament-of-india-
1485519609-
https://knowindia.gov.in/
https://www.lawctopus.com/academike/parliamentary-privileges/
http://prsindia.org/theprsblog/anti-defection-law-explained
THE CONSTITUTION OF INDIA ,2017{bareact}