Study Material
Topic: - Union legislature
Class – X
The Union legislature is a law-making body of the central
government consisting of the President, Lok Sabha and the
Rajya Sabha.
: The period, during which it assembles, for making a law is
called a session.
: Technically there are 3 sessions in a particular year –
Budget, Winter and Monsoon session, with the gap in
between being less than 6 months. In a year a minimum of
two sessions are to be called.
: All sessions are called by the President on the advice of the
Prime minister.
: A joint session of the two houses is called after every
general election or at the start of a financial year or in case
of a deadlock between the two houses over an ordinary bill.
Parliamentary Procedures: -
Quorum: - To conduct the business of the house, a minimum
attendance of 10 % is needed. This minimum requirement is
called a quorum.
Question Hour: -The first working hour of the house is
reserved for MP ‘s, who question ministers. The right of MP's
to question is known as interpolation and this first working
hour is known as the Question Hour.
Purpose: - The question hour helps keep a tab on the
government, get information about public policies or
ventilate a grievance.
Adjournment Motion: - If something important crops up,
then an adjournment motion is put forward. By it the
business of the house is stalled and a definite matter of
urgency is taken up for immediate discussion.
: The motion expresses a strong criticism of government
policies. It pinpoints the failure of the government or
censures it’s acts of omission and commission.
: Adjourned: - When the business of the day is over then the
house is adjourned or suspended for the day, either by the
speaker or the chairman.
Prorogation: - Once, a session, is over, then the house is
terminated or prorogued by the President on the advice of
the Prime minister.
Lok Sabha: - Lower house, is known as the Lok Sabha or the
House of the People.
Election: - Members are directly elected by the people of
India on the basis of universal adult franchise through a
secret ballot. Use of secret ballot allows the voter to cast his
vote without any fear
Composition: - In all a maximum of 552 members may be
voted.
: 530 members are directly elected from the states
: 20 members are directly elected from the Union territories
: 2 members are nominated by the President from the Anglo-
Indian community, if the President feels that the community
is not adequately represented.
: Present strength is 545
: Presiding Officer is: - The Speaker. He is elected in the first
meeting of the newly constituted Lok Sabha by the members
of the house through a simple majority.
Once appointed he stays in office, till a new Lok Sabha is
constituted and a speaker elected.
Removal: - Before that, he can be removed by the members
of the Lok Sabha through a simple majority.
Salary: - His salary is paid from the Consolidated Fund of
India, which cannot be voted in the parliament.
Absence: - When the speaker is not available, then the deputy
speaker takes over. The deputy speaker is also elected by the
members of the Lok Sabha through a simple majority.
Term -: - Term of the house is 5 years.
Emergency: - In an emergency, it may be extended for 1 year.
It may also be cut short if a no confidence motion is
successfully passed in the Lok Sabha, by the opposition
party.
: No confidence Motion: - A no confidence motion is a motion
showing lack of confidence in the government. When passed
successfully, Prime minister and council of ministers have to
resign.
Exclusive powers of the Lok Sabha: - Lok Sabha is more
powerful of the two houses as: -
1) A money bill is introduced only in the Lok Sabha with
the prior recommendation of the President. Rajya Sabha
has no say in it. At most it can give advices which may
or may not be taken. It has to return the bill, within 14
days.
2) A no confidence motion can be put forward only in the
Lok Sabha.
3) In case of joint sitting, called to resolve a deadlock, the
will of the Lok Sabha prevails as it has more members
than the Rajya Sabha.
Rajya Sabha: - is the upper house, representing the
states of India on the basis of their population. Hence, it
is aptly called the – Council of States. It upholds the
federal spirit of the Constitution and allows the states
to voice their opinions as well.
: Election: - Members are indirectly elected by the
elected members of the Vidhan Sabha through the
method of propotional representation by means of a
single transferable vote.
: Composition: - A max of 250 members, may be taken.
: 238 members are elected by the elected members of
the state legislative assemblies.
: 12 members are nominated by the President on the
basis of expertise & excellence in a particular field
example art, literature, science etc
: Present strength is 245
Term: - is 6 years. One third members retire every 2
years. So, the house is never dissolved and is called a
permanent house.
Presiding Officer: - is the chairman and he is not a
member of the house. He is elected by the members of
the parliament. The Vice President is the ex officio
chairman of the Rajya Sabha.
: Salary: - His salary is paid from the Consolidated fund
of India which cannot be voted in the parliament.
: Absence: - When the chairman is not available, then
the deputy chairman takes over. The deputy chairman is
elected by the members of the Rajya Sabha.
Qualifications: - To become a member of either the Lok
Sabha or the Rajya Sabha, the following qualifications
are required: -
1) One should be an Indian citizen
2) Must not hold an office of profit
3) Must have all qualifications prescribed by parliament
4) Age for Lok Sabha must be 25 years / Rajya Sabha -30
years
Exclusive Powers of Rajya Sabha: -
: Under article 249 of the Constitution, Rajya Sabha
may request the parliament to make laws on a
particular subject present in the state list
: It may create All India Services, by passing a
resolution supported by a majority of two third
members.
: It functions as the sole Union legislature, when the
Lok Sabha is dissolved
: It acts as a check on the Lok Sabha and delays hasty
legislation.
Functions of the Speaker / Chairman: -
Regulatory Functions: - Speaker and Chairman, have
regulatory, disciplinary, administrative and other
responsibilities as discussed below: -
: Speaker presides over the house
: Allows all bills and motions
: Interprets the rules of the procedure of the house
: Allots time for discussion. Puts a matter to vote.
: In case of a tie, he gives a vote. This vote is called a
casting vote.
: Speaker decides whether a bill is an ordinary bill or
a money bill.
: Signs all documents before sending it to the other
house or the President.
Disciplinary Functions: -
: Suspends an unruly member
: Adjourns the house, in case of grave disorder
: Does not allow the use of unparliamentary words
: Takes a call on all cases related to contempt of the
house and anti defection law.
Administrative Functions: -
: Gives permission for entering the house. No visitors
or press correspondents are otherwise allowed.
: Receives all petitions and documents
: Communicates the decisions of the house to the
concerned authorities.
General Functions: -
: Speaker is the ex officio chairman of the Business
Advisory Committee and the Rules Committee.
: Appoints the chairpersons of all parliamentary
committees. Issues directions related to work and
procedure.
: Presides over a joint session of the parliament.
: Presides over the conference of Presiding Officers of
legislative bodies in India.
: Nominates, in consultation with the chairman of the
Rajya Sabha, personnel for Parliamentary delegations
to various countries.
Primary Responsibilities’ of the Chairman: -
: Presides over the house
: Allows a motion for discussion
: Gives a casting vote, in case of a tie
: Adjourns the house, in case of grave disorder
Powers and Functions of the Parliament: -
: Lok Sabha and Rajya Sabha have wide ranging
powers and functions as discussed below: -
Legislative Powers: -
: Parliament makes laws on 97 subjects of the Union
List and 47 subjects of the Concurrent list. In case, of
a dispute, with respect to the concurrent list, the will
of the central government prevails, as it is stronger
than the state government.
: It has residuary powers that is to say the right to
makes laws on subjects not mentioned in any list.
: It can also make laws on subjects of the state list
under the following circumstances: -
a) In an emergency
b) On the joint request of two states, for a law on a
particular matter
c) On the request of the Rajya Sabha
: All ordinances issued by the President need to
be approved by the parliament.
Executive Powers: -
Either house can question ministers through devices like the
question hour. They also have debates and discussions.
: A no confidence motion may be moved by the opposition in
the Lok Sabha. If passed, PM & the council of ministers have
to resign.
: An adjournment motion and a censure motion may also be
moved in the Lok Sabha. A censure motion is used to censure
or criticise the faulty policies of an individual minister or a
group of ministers.
: A cut motion is also introduced in the Lok Sabha to bring
about a cut in the budget. Success of the motion brings down
the fall of the government.
Financial Powers: -
: A money bill is introduced in the Lok Sabha with the prior
permission of the President.
: The budget is presented in the Lok Sabha by the finance
minister on behalf of the President.
: If the budget is not passed by April 1 st, then the executive
is given an advance sanction from the consolidated fund of
India. This is called vote on account.
: Similarly, if funds for a particular service become
insufficient, then the executive can make a fresh demand, in
the same year. This new demand, is called a supplementary
grant.
: Parliament also fixes the salaries and allowances of MP's &
MLA ‘s.
Elective Powers: -
: Parliament elects President & Vice President
: Lok Sabha elects Speaker & Deputy Speaker
: Rajya Sabha elects Deputy Chairman
Judicial Powers: -
: Parliament can remove the President for violating the
Constitution of India.
: Remove the judges of Supreme Court & High Court
: Give punishments for obstructing the work of the house or
showing disrespect to the house.
General Functions :-
: Parliament decides the powers and functions of the
Supreme Court.
: Parliament decides whether a state should have it’s own
high court or share a high court with some other state.
: It can create a new state, change the boundaries of an
existing state or rename a new state.
Equal Powers :- Both the Lok Sabha and the Rajya Sabha
have equal powers in the following areas :-
: Proclamation of an Emergency
: Election of the President & Vice President
: Removal of the judges of Supreme Court & High Court
: Amendment of the Constitution
Amendment of the Constitution :- Either house of the
parliament can introduce a bill to amend the Constitution.
The bill, is passed, in the following ways :-
a) Simple amendment bills, dealing with subjects like
quorum, citizenship, formation of states are amended
by a simple majority.
b) Moderate amendment bills or bills dealing with
fundamental rights & directive principles require two
majorities – simple majority and two third majority
c) Rigid amendment bills or bills dealing with the federal
part of the Constitution, require simple majority , two
third majority and ratification of at least half of the
legislative assemblies of the states including the Union
territories of Delhi & Pondicherry.
: Please go through the following links for further
reference :-
https://youtu.be/Edyn8C6zB8Q
https://youtu.be/aFVCvk1yXlc
https://youtu.be/xSJz-boWACM
Subjective Questions :-
: Discuss the composition of the Lok Sabha & the Rajya
Sabha.
: Mention the circumstances in which parliament can
legislate on a subject of the state list.
: How does the legislature control the executive?
: What are the financial powers of the parliament?
: Why is the Lok Sabha said to be more powerful than the
Rajya Sabha?
: What is the position of the Rajya Sabha in the federal set
up?
: Why is the Rajya Sabha said to be a permanent house?
: Explain the regulatory functions of the Speaker.
: How is the Constitution amended?
