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Parliament

Organization of Parliament

  • Parliament: Legislative organ of the Union government.

  • Parliament: Occupies a central position due to the adoption of the 'Westminster' model.

  • Articles 79-122 in Part V of the Constitution: Organization, composition, duration, officers, procedures, powers, etc.


*Parliament consists of: * President * Council of States (Rajya Sabha - Upper House / House of Elders) * House of the People (Lok Sabha - Lower House / Popular House)

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  • Rajya Sabha: Represents states and union territories.

  • Lok Sabha: Represents the people of India.

  • The President is an integral part of the Parliament.

  • Bills passed by both houses require the President's assent to become law.

  • President summons and prorogues the Houses, dissolves Lok Sabha, addresses both Houses, and issues ordinances.

  • Indian Constitution relies on the British pattern.


*British Parliament consists of: * Crown * House of Lords * House of Commons

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  • US Congress consists of:
    • Senate
    • House of Representatives
  • The Parliamentary form emphasizes interdependence between legislative and executive organs.

Composition of the Two Houses

Rajya Sabha

  • Maximum strength: 250
    • 238: Representatives of states and UTs (indirectly elected)
    • 12: Nominated by the President
  • Currently has 245 members:
    • 225: States
    • 8: Union Territories
    • 12: Nominated
  • Fourth Schedule deals with the allocation of seats.
  • Representatives of states are elected by elected members of state legislative assemblies using proportional representation by single transferable vote.
  • Seats are allotted based on population (varies state to state).
  • Representatives of UTs are indirectly elected by an electoral college.
  • Only Delhi, Puducherry, and Jammu & Kashmir have representation.
  • The President nominates 12 members with special knowledge or practical experience.
  • The American Senate has no nominated members.

Lok Sabha

  • Maximum strength: 550
    • 530: States
    • 20: Union Territories
  • Currently has 543 members:
    • 524: States
    • 19: Union Territories
  • Representatives of states are directly elected by the people from territorial constituencies based on universal adult franchise (18+).
  • 61st Constitutional Amendment Act, 1988: Reduced voting age from 21 to 18.
  • Parliament prescribes the manner of choosing UT representatives (Direct Election to the House of the People Act, 1965).
  • Nominated Members:
    • Before 2020, the President nominated two members from the Anglo-Indian community
    • This provision discontinued by 104th Amendment Act, 2019.

System of Elections to Lok Sabha

  • Each state is divided into territorial constituencies for direct elections.
  • Constitution ensures:
    • Uniformity of representation between states.
    • Uniformity of representation between constituencies within a state.
  • 'Population' means population from the preceding census.

Readjustment After Each Census

  • Readjustment after each census: Allocation of seats to states, and division into territorial constituencies.
  • Parliament determines the authority and manner.
  • Delimitation Commission Acts: 1952, 1962, 1972, 2002.
  • 42nd Amendment Act of 1976: Froze allocation and division until 2000 at 1971 level.
  • 84th Amendment Act of 2001: Extended ban until 2026.
  • 84th Amendment Act of 2001: Empowered government to readjust constituencies based on 1991 census figures.
  • 87th Amendment Act of 2003: Provided for delimitation based on 2001 census.

Reservation of Seats for SCs and STs

  • The Constitution provides for reservation of seats for SCs and STs in Lok Sabha based on population ratios.
  • 104th Amendment Act of 2019: Reservation to last until 2030.
  • Reserved seats are elected by all voters, without separate electorates.
  • Members of SCs and STs can contest general seats.
  • 84th Amendment Act of 2001: Provided for refixing of the reserved seats on the basis of population figures of 1991 census.
  • 87th Amendment Act of 2003: Provided for the refixing of the reserved seats on the basis of 2001 census.

First-Past-The-Post System

  • Constitution adopts this system for Lok Sabha elections.

  • Every member represents a geographical area (constituency).

  • Single-member constituencies; candidate with a majority of votes is elected.

  • This system does not represent the whole electorate or secure due representation to minorities.

  • Proportional representation aims at removing the defects of territorial representation.


*Two kinds of proportional representation: * Single Transferable Vote System * List System

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  • India uses single transferable vote for Rajya Sabha, state legislative councils, President, and Vice-President.
  • Constitution has not adopted the proportional representation for election of members to the Lok Sabha due to the following two reasons:
    1. Difficulty for the voters to understand the system (which is complicated) due to low literacy scale in the country.
    2. Unsuitability to the parliamentary government due to the tendency of the system to multiply political parties leading to instability in government.
  • Demerits of proportional representation:
    1. Highly expensive
    2. No scope for by-elections
    3. Eliminates intimate contacts
    4. Promotes minority thinking
    5. Increases the significance of the party system

Duration of Two Houses

Rajya Sabha

  • A continuing chamber: Permanent body, not subject to dissolution.
  • One-third of members retire every second year.
  • Retiring members are eligible for re-election and renomination.
  • Term of office is determined by Parliament.
  • Representation of the People Act (1951): Term is six years.
  • President can curtail the term of members chosen in the first Rajya Sabha.

Lok Sabha

  • Not a continuing chamber.
  • Normal term: Five years from the date of its first meeting.
  • President can dissolve at any time.
  • Term can be extended during a national emergency by law of Parliament for one year at a time for any length of time, but not beyond six months after the emergency ceases.

Membership of Parliament

Qualifications

  1. Citizen of India.
  2. Makes an oath or affirmation.
    • To bear true faith and allegiance to the Constitution of India
    • To uphold the sovereignty and integrity of India
  3. Age: Not less than 30 for Rajya Sabha, 25 for Lok Sabha.
  4. Possesses other qualifications prescribed by Parliament.
  5. Must be registered as an elector for a parliamentary constituency.
  6. He/she must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he/she wants to contest a seat reserved for them.

Disqualifications

  1. Holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament).
  2. Of unsound mind.
  3. Undischarged insolvent.
  4. Not a citizen of India or voluntarily acquired citizenship of a foreign state.
  5. So disqualified under any law made by Parliament.
  6. Must not have been found guilty of certain electoral offences or corrupt practices in the elections.
  7. Must not have been convicted for any offence resulting in imprisonment for two or more years.
  8. Must not have failed to lodge an account of his/her election expenses within the time.
  9. Must not have any interest in government contracts, works or services.
  10. Must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.
  11. Must not have been dismissed from government service for corruption or disloyalty to the State.
  12. Must not have been convicted for promoting enmity between different groups or for the offence of bribery.
  13. Must not have been punished for preaching and practising social crimes such as untouchability, dowry and sati.
  14. Disqualification on Ground of Defection
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*A member incurs disqualification under the defection law: 1. If he/she voluntarily gives up the membership of the political party on whose ticket he/she is elected to the House; 2. If he/she votes or abstains from voting in the House contrary to any direction given by his/her political party; 3. If any independently elected member joins any political party; and 4. If any nominated member joins any political party after the expiry of six months.

  • Question of disqualification under the Tenth Schedule is decided by the Chairman or Speaker and is subject to judicial review.

Vacating of Seats

  1. Double Membership
    • A person cannot be a member of both Houses of Parliament at the same time. Thus, the Representation of People Act (1951) provides for the following: (a) If a person is elected to both the Houses of Parliament, he/she must intimate within 10 days in which House he/she desires to serve. In default of such intimation, his/her seat in the Rajya Sabha becomes vacant. (b) If a sitting member of one House is also elected to the other House, his/her seat in the first House becomes vacant. (c) If a person is elected to two seats in a House, he/she should exercise his/her option for one. Otherwise, both seats become vacant.
    • Similarly, a person cannot be a member of both the Parliament and the state legislature at the same time. If a person is so elected, his/her seat in Parliament becomes vacant if he/she does not resign his/her seat in the state legislature within 14 days.
  2. Disqualification: If a member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his/her seat becomes vacant.
  3. Resignation: A member may resign his/her seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha, as the case may be.
  4. Absence: A House can declare the seat of a member vacant if he/she is absent from all its meetings for a period of sixty days without its permission.
  5. Other Cases:
    • if his/her election is declared void by the court
    • if he/she is expelled by the House
    • if he/she is elected to the office of President or Vice-President
    • if he/she is appointed to the office of governor of a state

Oath or Affirmation

  • Every member has to make an oath or affirmation before taking their seat.
    1. To bear true faith and allegiance to the Constitution of India
    2. To uphold the sovereignty and integrity of India
    3. To faithfully discharge the duty upon which he/she is about to enter
  • Unless a member takes the oath, he/she cannot vote or participate.
  • A person is liable to a penalty of ₹500 for each day he/she sits or votes without taking oath.

Salaries and Allowances

  • Members are entitled to salaries and allowances as determined by Parliament.

  • Parliament has provided pension to members since 1976.


*In 2018: * Salary increased to ₹1,00,000 per month. * Constituency allowance to ₹70,000 per month. * Office expenses allowance to ₹60,000 per month. * ₹2,000 daily allowance.

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  • Members are also provided with travel, accommodation, telephone, vehicle advance, and medical facilities.
  • The salaries and allowances of the Speaker and Deputy Speaker of Lok Sabha and the Chairman and Deputy Chairman of Rajya Sabha are also determined by Parliament.

Presiding Officers of Parliament

  • Each House has its own presiding officer.
    • Speaker and Deputy Speaker (Lok Sabha)
    • Chairman and Deputy Chairman (Rajya Sabha)
    • Panel of Chairpersons (Lok Sabha)
    • Panel of Vice-Chairpersons (Rajya Sabha)

Speaker of Lok Sabha

  • Elected by the Lok Sabha from amongst its members after its first sitting.

  • The date of election of the Speaker is fixed by the President.


*Speaker vacates office in three cases: 1. If he/she ceases to be a member of the Lok Sabha. 2. If he/she resigns by writing to the Deputy Speaker. 3. If he/she is removed by a resolution passed by a majority of all the then members of the Lok Sabha (i.e., an effective majority). Such a resolution can be moved only after giving 14 days' advance notice.

  • Cannot preside while a resolution for their removal is under consideration.

  • Casting vote in case of a tie.

  • Continues in office until the newly-elected Lok Sabha meets.


*Role, Powers and Functions: * Head of Lok Sabha, its representative. * Guardian of powers and privileges. * Principal spokesperson. * Final decision in parliamentary matters. * Maintains order and decorum. * Final interpreter of the Constitution, Rules, and parliamentary precedents. * Adjourns the House or suspends the meeting in absence of a quorum. * Decides whether a bill is a money bill or not. * Decides on disqualification of a member on the ground of defection (subject to judicial review). * Acts as ex-officio chairman of the Indian Parliamentary Group. * Appoints chairman of parliamentary committees.

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*Independence and Impartiality is essential: * Security of tenure. * Salaries and allowances fixed by Parliament. * Work and conduct cannot be discussed. * Powers are not subject to the jurisdiction of any Court. * Cannot vote in the first instance. * High position in the order of precedence.

Deputy Speaker of Lok Sabha

  • Elected by the Lok Sabha.

  • The date of election of the Deputy Speaker is fixed by the Speaker.


*The Deputy Speaker vacates his/her office earlier in any of the following three cases: 1. if he/she ceases to be a member of the Lok Sabha; 2. if he/she resigns by writing to the Speaker; and 3. if he/she is removed by a resolution passed by a majority of all the then members of the Lok Sabha(i.e., an effective majority). Such a resolution can be moved only after giving 14 days' advance notice.

  • Performs the duties of the Speaker when the office is vacant.
  • Not subordinate to the Speaker, directly responsible to the House.
  • Special privilege: Becomes chairman of any parliamentary committee they are appointed to.
  • Like the Speaker, cannot vote in the first instance, has a casting vote.
  • The institutions of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the Government of India Act of 1919 (Montague-Chelmsford Reforms).

Panel of Chairpersons of Lok Sabha

  • Speaker nominates a panel of not more than ten chairpersons.
  • Any of them can preside over the House in the absence of the Speaker or the Deputy Speaker.

Speaker Pro Tem

  • Appointed by the President before the first meeting of the newly-elected Lok Sabha.
  • Administers oath to the new members, enables the election of the new Speaker.

Chairman of Rajya Sabha

  • The presiding officer of the Rajya Sabha is known as the Chairman.
  • Vice-President of India is the ex-officio Chairman of the Rajya Sabha.
  • Chairman can be removed from his/her office only if he/she is removed from the office of the Vice-President.
  • Has similar powers and functions as the Speaker, but the Speaker has two special powers not enjoyed by the Chairman.
  • Unlike the Speaker, the Chairman is not a member of the House.

Deputy Chairman of Rajya Sabha

  • Elected by the Rajya Sabha itself from amongst its members.
  • The Deputy Chairman vacates his/her office in any of the following three cases:
    1. if he/she ceases to be a member of the Rajya Sabha;
    2. if he/she resigns by writing to the Chairman; and
    3. if he/she is removed by a resolution passed by a majority of all the then members of the Rajya Sabha (i.e., an effective majority). Such a resolution can be moved only after giving 14 days' advance notice.
  • Performs duties of the Chairman when the office is vacant or when the Vice-President acts as President.
  • Not subordinate to the Chairman.
  • The presiding officers of both the houses and the committees are supported by the Secretariat.
  • Each House of Parliament has separate secretarial staff of its own, though there can be some posts common to both the Houses.

Leaders in Parliament

Leader of the House

  • In Lok Sabha: Prime Minister (if a member) or a minister nominated by the Prime Minister.
  • In Rajya Sabha: A minister nominated by the Prime Minister.

Leader of the Opposition

  • In each House of Parliament, there is the 'Leader of the Opposition'.
  • Accords statutory recognition in 1977.
  • Means that member having greatest numerical strength and recognized by the Chairman or the Speaker.
  • Minimum strength for recognition as a political party is one-tenth of the total membership of that House.

Whips

  • Every political party has its own Chief whip and whips in the Parliament.
  • Appointed by the political party to serve as an assistant floor leader.
  • Responsibilities: Ensuring attendance, securing support, regulating behaviour.
  • Members are supposed to follow the directives given by the whip.
  • Chief whip of government party in Lok Sabha is the Minister of Parliamentary Affairs.

Sessions of Parliament

Summoning

  • The President summons each House.
  • Maximum gap between two sessions: Six months.
  • Usually three sessions in a year:
    1. Budget Session (February to May)
    2. Monsoon Session (July to September)
    3. Winter Session (November to December)

Adjournment

  • Terminates a sitting for a specified time.
  • Done by the presiding officer.

Adjournment Sine Die

  • Terminating a sitting for an indefinite period.

Prorogation

  • Terminates a session.
  • President issues a notification for prorogation of the session.

Dissolution

  • Ends the life of the Lok Sabha.
  • A new House is constituted after general elections are held.
  • Dissolution occurs:
    1. Automatically, after five years
    2. President decides to dissolve.
  • All pending business lapses upon dissolution.
  • With respect to lapsing of bills is as follows:
    1. A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha).
    2. A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
    3. A bill not passed by the two Houses due to disagreement and if the President has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.
    4. A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.
    5. A bill passed by both Houses but pending assent of the President does not lapse.
    6. A bill passed by both Houses but returned by the President for reconsideration of Houses does not lapse.

Quorum

  • Minimum number of members required to transact business.
  • One-tenth of the total members in each House including the presiding officer.

Voting in House

  • Matters are decided by a majority of votes of the members present and voting.

  • The presiding officer of a House does not vote in the first instance, but exercises a casting vote in the case of an equality of votes.


*Voting procedure in the Lok Sabha: 1. On the conclusion of a debate, the Speaker shall put the question and invite those who are in favour of the motion to say 'Aye' and those against the motion to say 'No'. 2. The Speaker shall then say: 'I think the Ayes (or the Noes, as the case may be) have it'. If the opinion of the Speaker as to the decision of a question is not challenged, he/she shall say twice: The Ayes (or the Noes, as the case may be) have it' and the question before the House shall be determined accordingly. 3. (a) If the opinion of the Speaker as to the decision of a question is challenged, he/she shall order that the Lobby be cleared. (b) After the lapse of three minutes and thirty seconds, he/she shall put the question a second time and declare whether in his/her opinion the 'Ayes' or the 'Noes' have it. 4. (c) If the opinion so declared is again challenged, he/she shall direct that the votes be recorded either by operating the automatic vote recorder or by using 'Aye' and 'No' Slips in the House or by the Members going into the Lobbies. 5. If in the opinion of the Speaker, the Division is unnecessarily claimed, he/ she may ask the members who are for 'Aye' and those for 'No' respectively to rise in their places and, on a count being taken, he/she may declare the determination of the House. In such a case, the names of the voters shall not be recorded.

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*Methods of Voting: * Voice Vote * Division * Secret Ballot * Recording of Votes by Distribution of Slips * Physical Count of Members in their Places Instead of a Formal Division: * Casting Vote

Language in Parliament

  • Hindi and English are the languages for transacting business.
  • Presiding officer can permit a member to address the House in his/her mother-tongue.

Rights of Ministers and Attorney General

  • Right to speak and take part in the proceedings of either House, any joint sitting, and any committee they are members of.

Lame-duck Session

  • The last session of the preceding Lok Sabha, after a new Lok Sabha has been elected.
  • Members who could not get re-elected are called lame-ducks.

Types of Majority

  1. Simple Majority

    • Majority of members present and voting.
    • Ordinary, functional, or working majority.
  2. Effective Majority

    • Majority of the total membership excluding vacant seats.
    • "A majority of all the then members of the House".
  3. Absolute Majority

    • Majority of the total membership, irrespective of vacancies or absentees.
  4. Special Majority


*Requirements of special majority: * Special Majority-I: A majority of the total membership of each House and a two-thirds majority of the members present and voting. * Special Majority-II: A two-thirds majority of the total membership of each House is required. * Special Majority-III: A two-thirds majority of the members present and voting (in the Rajya Sabha) is required.

Devices of Parliamentary Proceedings

Question Hour

  • First hour of every parliamentary sitting.
  • Members ask questions, ministers answer.
  • Three kinds of questions: starred, unstarred, and short notice.

Zero Hour

  • Not in the Rules of Procedure.
  • Informal device to raise urgent matters of public importance.

Motions

  • Motions fall into three principal categories:

    1. Substantive Motion: It is a self-contained independent proposal dealing with a very important matter like impeachment of the President or removal of Chief Election Commissioner.

    2. Substitute Motion: It is a motion that is moved in substitution of an original motion and proposes an alternative to it. If adopted by the House, it supersedes the original motion.

    3. Subsidiary Motion: It is a motion that, by itself, has no meaning and cannot state the decision of the House without reference to the original motion or pro- ceedings of the House. It is divided into three sub-categories:

      • Ancillary Motion: It is used as the regular way of proceeding with various kinds of business.
      • Superseding Motion: It is moved in the course of debate on another issue and seeks to supersede that issue.
      • Amendment: It seeks to modify or substitute only a part of the original motion.

  • A motion moved by a member to cut short the debate on a matter before the House is Closure Motion.


*Four kinds of closure motions: * Simple Closure: It is one when a member moves that the 'matter having been suf- ficiently discussed be now put to vote'. * Closure by Compartments: In this case, the clauses of a bill or a lengthy resolution are grouped into parts before the com- mencement of the debate. * Kangaroo Closure: Under this type, only important clauses are taken up for debate and voting and the intervening clauses are skipped over and taken as passed. * Guillotine Closure: It is one when the undiscussed clauses of a bill or a resolut- ion are also put to vote along with the discussed ones due to want of time (as the time allotted for the discussion is over).

Privilege Motion

  • Breach of parliamentary privileges by a minister.

Calling Attention Motion

  • Call the attention of a minister to a matter of urgent public importance.

Adjournment Motion

  • Draw attention to a definite matter of urgent public importance (requires support of 50 members).

No-Confidence Motion

  • Article 75 of the Constitution says that the council of minis- ters shall be collectively responsible to the Lok Sabha. It means that the ministry stays in office so long as it enjoys confidence of the majority of the members of the Lok Sabha.
  • The motion needs the support of 50 members to be admitted.

Confidence Motion

  • A new procedural device to cope with the emerging situations of fractured mandates.

Censure Motion

  • Differs from no-confidence motion.

Motion of Thanks

  • President outlines policies and programmes in the first session after each general election and of every fiscal year.

No-Day-Yet-Named Motion

  • Motion admitted by Speaker but no date fixed for discussion.

Dilatory Motion

  • Motion for adjournment to retard the progress of business.

Point of Order

  • Raised when proceedings do not follow normal rules of procedure.

Half-an-Hour Discussion

  • Meant for discussing a matter of sufficient public importance, which has been subjected to a lot of debate.

Short Duration Discussion

  • Also known as two-hour discussion.

Special Mention

  • A matter which is not a point of order or which cannot be raised during question hour, half-an hour discussion, short duration discussion or under adjournment motion, calling attention notice or under any rule of the House.

Resolutions

  • Classified into three categories: Private Member's, Government, Statutory.

Youth Parliament

  • To acquaint younger generations, imbibe discipline, and inculcate democratic values.

Legislative Procedure in Parliament

  • Identical in both Houses.

  • Every bill has to pass through the same stages in each House.

  • A bill is a proposal for legislation and it becomes an act or law when duly enacted.

  • The bills introduced in the Parliament are of two kinds: public bills and private bills


*Depending on their content, the bills may further be classified into: * Original bills * Amending bills * Consolidating bills * Expiring Laws (Continuance) bills * Repealing bills

*Types of bills on the basis of procedure required for their passage in the Parliament: * Ordinary bills, * Money bills, * Financial bills, * Constitution amendment bills

Ordinary Bills

*Stages in Ordinary Bills: 1. First Reading: Bill is introduced by reading its title and objectives. Later, the bill is published in the Gazette of India 2. Second Reading: Bill receives general and detailed scrutiny. Assumes final shape. * Stage of General Discussion: principles of the bill and its provisions are discussed generally * Committee Stage: the bill to a select committee of the House * Consideration Stage: House considers the provisions of the bill clause by clause. 3. Third Reading: debate is confined to the acceptance or rejection of the bill as a whole. After passed bill goes to another house 4. Bill in the Second House: the bill passes through all the three stages 5. Assent of the President: Every bill after being passed by both Houses of Parliament is presented to the President for his/her assent.

  • The President may give his/her assent to the bill or withhold his/her assent to the bill or he/she may return the bill for reconsideration of the Houses.

Money Bills

*Article 110: Definition of money bills. *It states that a bill is deemed to be a money bill if it contains 'only' provisions dealing with all or any of the following matters: 1. The imposition, abolition, remission, alteration or regulation of any tax; 2. The regulation of the borrowing of money by the Union government; 3. The custody of the Consolidated Fund of India or the contingency fund of India, the payment of moneys into or the withdrawal of money from any such fund; 4. The appropriation of money out of the Consolidated Fund of India; 5. Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure; 6. The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money, or the audit of the accounts of the Union or of a state; or 7. Any matter incidental to any of the matters specified above.

  • If any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha is final.
  • A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the President.
  • After a money bill is passed by the Lok Sabha, it is transmitted to the Rajya Sabha for its consideration. The Rajya Sabha has restricted powers with regard to a money bill.
  • Difference Between Ordinary Bills And Money Bills is well listed in the text.

Financial Bills

  • Financial bills are those bills that deal with fiscal matters, that is, revenue or expenditure.
  • Constitution uses the term 'financial bill' in a technical sense.
  • Financial bills are of three kinds:
    • Money bills-Article 110
    • Financial bills (I)-Article 117 (1)
    • Financial bills (II)-Article 117 (3)
  • Financial Bills (1): *A financial bill (I) is a bill that contains not only any or all the mat- ters mentioned in Article 110, but also other matters of general legislation. *A financial bill (I) is similar to a money bill:
  • both of them can be introduced only in the Lok Sabha and not in the Rajya Sabha
  • Financial Bills (II): A financial bill (II) con-tains provisions involving expenditure from the Consolidated Fund of India, but does not include any of the matters mentioned in Article 110. *It is treated as an ordinary bill

Joint Sitting of Two Houses

*Joint sitting is an extraordinary machinery to resolve a deadlock: 1. if the bill is rejected by the other House; 2. if the Houses have finally disagreed as to the amendments to be made in the bill; or 3. if more than six months have elapsed from the date of the receipt of the bill by the other House without the bill being passed by it.

  • The provision of joint sitting is applicable to ordinary bills or financial bills only and not to money bills or Con-stitutional amendment bills.
  • The Speaker of Lok Sabha presides over a joint sitting of two Houses.
  • If the bill in dispute is passed by a majority of the total number of members of both the Houses present and voting in the joint sitting, the bill is deemed to have been passed by both the Houses.

Budget in Parliament

*The Constitution refers to the budget as the 'annual financial statement'. *There are three kinds of funds:

  1. Consolidated Fund of India
  2. Public Account of India
  3. Contingency Fund of India
  • There are long and detailed set of procedures to be followed to successfully pass a bill on budget and funds. *There were many committees assigned to help in the smooth facilitation of the process. *The document specifies how the financial conditions work.

Multifunctional Role of Parliament

*There are legislative powers and functions. *There are executive powers and functions. *There are financial powers and functions. *There are other powers and functions. *The document provides the duties of the Lok Sabha and Rajya Sabha. *It also tells the constitutional position that the two houses holds and also indicates the powers that they have and don't have. *The Parliamentary priviledges and its affect is also well listed. *The Parliamentary sovereignty is well maintained, *It is all based on the written nature of the Consitution. *Federal system of government *System of Judicial review *Fundamnetal rights

In general, the chapter discusses about the duties, roles and reponsibilities of both houses and about the priviledges that is being given to them along with the limitations and some extraordinary provisions.