Parliament of India

The Cornerstone of India's Democracy: Unveiling the Union Legislature

Introduction to the Union Legislature

Parliament is the supreme legislative body of the Union government in India, embodying the democratic will of the people and serving as the primary forum for law-making, executive oversight, and public debate. Constituted by the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People), it represents a bicameral legislature.

While the Lok Sabha, the directly elected house, holds primary legislative and financial powers, the Rajya Sabha, representing states, plays a crucial role in ensuring federal balance and providing a forum for deliberation. Parliament's extensive powers, though not absolutely sovereign due to constitutional limitations, make it the cornerstone of India's democratic governance.

Core Content: Understanding Parliament

  • 14.6.1.1: Consists of the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha). This constitutional definition highlights that Parliament is not merely the two Houses, but also includes the President, who is an integral part of the legislative process.
  • 14.6.1.2: President is an integral part, though not a member of either House. The President's legislative role includes assenting to bills (without which they cannot become law), summoning and proroguing Parliament, and dissolving the Lok Sabha.
  • 14.6.1.3: Bicameral legislature adopted. This system, with two Houses (Rajya Sabha and Lok Sabha), reflects a balance between popular representation and federal representation, and provides for a double check on legislation.
  • 14.6.2.1: Maximum strength: 250. Of these, 238 are elected representatives of States and Union Territories, and 12 are nominated by the President.
  • 14.6.2.2: Current strength: 245. This comprises 233 elected members and 12 nominated members.
  • 14.6.2.3: Representation of States: Elected by elected members of State Legislative Assemblies (MLAs) by proportional representation by means of single transferable vote. Seats allocated based on population (Fourth Schedule) – leading to unequal representation.
  • 14.6.2.4: Representation of Union Territories: Indirectly elected by members of an electoral college specially constituted. Currently, only Delhi, Puducherry, and J&K have representation.
  • 14.6.2.5: Nominated Members: 12 members nominated by the President from persons having special knowledge or practical experience in literature, science, art, and social service.
  • 14.6.3.1: Maximum strength: 552. Originally 530 (States), 20 (UTs), 2 (nominated Anglo-Indians). Anglo-Indian nomination ceased by 104th Amendment Act, 2019.
  • 14.6.3.2: Current strength: 543 (all elected). 524 members from States and 19 from Union Territories.
  • 14.6.3.3: Representation of States: Directly elected by the people from territorial constituencies based on universal adult franchise (Article 326).
  • 14.6.3.4: Representation of Union Territories: Directly elected by the people, as per law made by Parliament.
  • 14.6.3.5: Territorial Constituencies: Seats allocated and divided based on population ratio (frozen till first census after 2026 by 84th/87th Amendment).
  • 14.6.3.6: Delimitation of constituencies: After every census by a Delimitation Commission.
  • 14.6.3.7: Reservation of seats for SCs and STs: (Article 330) on population basis.

14.6.4.1: Rajya Sabha (Article 83(1))

Permanent body, not subject to dissolution. It is a continuing chamber. 1/3rd of its members retire every second year. The term of an individual member is 6 years (as per Representation of the People Act, 1951). Members are re-eligible.

14.6.4.2: Lok Sabha (Article 83(2))

Normal term is 5 years from its first meeting. It can be dissolved earlier by the President. Its term can be extended during a National Emergency by Parliament for one year at a time, for any length of time. However, it cannot be extended beyond six months after the emergency ceases to operate.

Qualifications (Article 84):

  • Citizen of India.
  • Oath/affirmation before EC authorized person.
  • Age: Not less than 30 (Rajya Sabha); Not less than 25 (Lok Sabha).
  • Other qualifications prescribed by Parliament (e.g., RPA 1951).

Disqualifications (Article 102):

  • Office of profit under Union/State Govt.
  • Unsound mind, undischarged insolvent.
  • Not a citizen of India/acquired foreign citizenship.
  • Disqualified under any law made by Parliament (e.g., RPA 1951).
  • Disqualification on ground of Defection (Tenth Schedule – Anti-Defection Law).

Decision on Disqualification (Article 103):

  • For Article 102(1) (excluding defection): President's decision is final, but must obtain and act on Election Commission's opinion.
  • For Defection (Tenth Schedule): Decision by Presiding Officer (Speaker/Chairman), subject to judicial review (Kihoto Hollohan case, 1993).

Other points: Vacating of Seats (Art 101 - dual membership, resignation, absence); Oath (Art 99); Salaries (Art 106).

Speaker of Lok Sabha (Articles 93-97):

  • Elected by Lok Sabha from its members.
  • Holds office during life of Lok Sabha (continues till new LS first meeting).
  • Removal by effective majority (after 14 days notice).
  • Powers: Maintains order, final interpreter of rules, casts casting vote, presides joint sitting, decides if bill is Money Bill (final), disqualifies on defection.
  • Speaker Pro Tem: Appointed by President for first sitting of new LS.

Chairman of Rajya Sabha (Vice-President as ex-officio Chairman - Articles 64, 89):

  • Vice-President of India is ex-officio Chairman.
  • Powers similar to Speaker, but cannot decide if bill is Money Bill, and does not preside over joint sitting.
  • Removed only as Vice-President.

Also: Deputy Speaker (LS), Deputy Chairman (RS), Panels of Chairpersons/Vice-Chairpersons, Secretariat of Parliament (Art 98).

Leader of the House:

In Lok Sabha: Prime Minister (if LS member), or nominated minister. In Rajya Sabha: Minister nominated by PM. Manages government's legislative business.

Leader of the Opposition (LoP):

Leader of largest Opposition party (min 1/10th seats). Statutory recognition (1977 Act), Cabinet Minister rank. Provides constructive criticism, offers alternative government.

Whip:

Appointed by every political party. Ensures party discipline, attendance, and voting along party lines. Not in Constitution or Rules, based on convention.

  • 14.6.8.1: Summoning: President summons. Max gap between two sessions: 6 months (at least twice a year).
  • 14.6.8.2: Adjournment: Suspends work for specified time. By Presiding Officer.
  • 14.6.8.3: Adjournment Sine Die: Indefinite termination of sitting. By Presiding Officer.
  • 14.6.8.4: Prorogation: Terminates a session. By President. Pending bills remain alive.
  • 14.6.8.5: Dissolution: Ends life of Lok Sabha (necessitates new elections). By President. Rajya Sabha is permanent.

    Impact on Pending Bills (Important!):

    • Bill originating/pending in LS lapses.
    • Bill passed by LS but pending in RS lapses.
    • Bill passed by RS but pending in LS lapses.
    • Bill passed by both Houses but pending Presidential assent does not lapse.
    • Bill pending in RS but not passed by LS does not lapse.
    • Bill where President notified joint sitting before dissolution does not lapse.
  • 14.6.8.6: Quorum (Article 100): Minimum 1/10th of total members (including Presiding Officer) required to transact business.

Business in Parliament shall be transacted in Hindi or English. However, Presiding Officer can permit any member to speak in his/her mother tongue.

Every Minister and the Attorney General of India has the right to speak in, and otherwise take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member.

However, they are entitled to vote only in the House of which they are a member. The Attorney General, not being a member of Parliament, cannot vote.

Question Hour:

  • First hour (11 AM-12 PM). MPs ask questions to ministers.
  • Starred (oral, supplementary), Unstarred (written, no supplementary), Short Notice (urgent, <10 days notice, oral).

Zero Hour:

Informal, immediately after Question Hour. MPs raise urgent public importance matters without prior notice. Indian innovation.

Motions:

  • Substantive Motion: Independent, important matter (e.g., impeachment).
  • Closure Motion: Cut short debate (Simple, Compartments, Kangaroo, Guillotine).
  • Privilege Motion: Breach of parliamentary privilege.
  • Calling Attention Motion: Minister's attention to urgent public importance.
  • Adjournment Motion: Interrupt normal business for urgent public importance. Needs 50 members. If passed, censure against govt. (Lok Sabha only).
  • No-Confidence Motion (Art 75): Express no confidence in CoM. Needs 50 members. If passed, CoM resigns. (Lok Sabha only).
  • Censure Motion: Against specific minister/group/CoM for policies. Requires reasons. If passed, no resignation but pressure.
  • Motion of Thanks: On President's Address. Must be passed (defeat = govt defeat).

Resolutions:

Formal expression of House opinion. Private Member's, Government, Statutory.

Also: Point of Order (rules violation, PO's decision final), Debates (Half-an-Hour, Short Duration).

Ordinary Bills (Article 107, 108):

Introduction

(Either House, Minister/Pvt Member)

First Reading

(Bill published in Gazette, No debate)

Second Reading

(General discussion, Committee stage, Clause-by-clause consideration)

Third Reading

(Debate on acceptance/rejection, No amendments)

In Second House

(Same 3 stages)

President's Assent

(Art 111: Assent, Withhold, Return for reconsideration)

Joint Sitting (Art 108)

(For deadlock, President summons, LS Speaker presides, Simple Majority. Not for Money/CA Bills.)

Money Bills (Article 110):

Definition (Art 110(1)): Exclusively deals with tax, govt borrowing, CFI/Contingency Fund, appropriation, charged expenditure etc.

Speaker's decision final (Art 110(3)).

Can be introduced ONLY in Lok Sabha, only on President's recommendation (Art 117(1)). Always a Government Bill.

Rajya Sabha has restricted powers: Cannot reject/amend. Must return within 14 days. LS can accept/reject RS recommendations. If not returned in 14 days, deemed passed.

President can only give/withhold assent (cannot return for reconsideration).

Financial Bills:

Financial Bills (I) (Article 117(1)):

Contains Article 110 matters + other general legislation. Introduced only in LS on President's recommendation. Otherwise, treated like Ordinary Bill (RS can amend/reject, joint sitting possible).

Financial Bills (II) (Article 117(3)):

Involve expenditure from CFI but not Art 110 matters. Treated as Ordinary Bill (can be introduced in either House, no President's recommendation for introduction). Needs President's recommendation for its consideration by either House.

Key Distinction: All Money Bills are Financial Bills, but all Financial Bills are not Money Bills.

Statement of estimated receipts and expenditure of GoI for a financial year (April 1 - March 31), mandated by Article 112. Presented by Finance Minister in Lok Sabha.

Stages in Enactment:

  • Presentation of Budget.
  • General Discussion.
  • Scrutiny by Departmental Committees.
  • Voting on Demands for Grants (LS only):
    • Cut Motions (Policy, Economy, Token).
    • Guillotine (undiscussed demands voted without debate).
  • Passing of Appropriation Bill (Art 114): Authorises withdrawal from CFI. Treated as Money Bill.
  • Passing of Finance Bill (Art 110(a)): Gives legal effect to taxation proposals. Treated as Money Bill.

Funds:

  • Consolidated Fund of India (Art 266(1)): Main fund, all revenues/loans. Needs Parliamentary authorization for withdrawal.
  • Public Account of India (Art 266(2)): Provident fund, small savings etc. Operated by executive action, no Parl. authorization needed.
  • Contingency Fund of India (Art 267(1)): Imprest fund for unforeseen expenditure. President operates, later recouped from CFI.

Legislative Powers:

  • Make laws on Union/Concurrent List.
  • Residuary powers.
  • Legislate on State List under specific conditions.

Executive Powers:

  • CoM collectively responsible to Lok Sabha.
  • Control via Question Hour, motions, committees.

Financial Powers:

  • Custodian of public money (no tax/expenditure without authorization).
  • Enacts budget, authorizes expenditure.
  • Financial Committees (PAC, EC, CoPU).

Constituent Powers:

  • Power to amend the Constitution (Art 368).

Judicial Powers:

  • Impeach President (Art 61), remove Vice-President (Art 67).
  • Recommend removal of judges, CEC, CAG.
  • Punish for breach of privilege/contempt.

Electoral Powers:

  • Participates in election of President/Vice-President.
  • Elects its own Presiding Officers.

State List Law (Art 249)

Authorise Parliament to legislate on State List for national interest (2/3rd resolution).

All-India Services (Art 312)

Authorise Parliament to create new All-India Services (2/3rd resolution).

Emergency Approval

Keep emergency alive if Lok Sabha dissolved (LS must approve later).

These powers reflect Rajya Sabha's role as the Council of States and a permanent body.

Money Bills Only

Only introduced here, RS restricted.

No-Confidence Motion

CoM collectively responsible ONLY to LS. No-confidence only here.

Joint Sitting President

Speaker of LS presides over joint sittings.

These powers reflect Lok Sabha's direct representation of the people and its primary role in financial matters.

Special rights, immunities, and exemptions enjoyed by Houses, committees, and members, essential for effective discharge of functions.

Collective Privileges (of Houses):

  • Publish reports, exclude strangers, make own rules.
  • Punish members/outsiders for breach of privilege/contempt.
  • Courts prohibited from inquiring into proceedings (Art 122).

Individual Privileges (of Members):

  • Freedom of speech in Parliament (Art 105(1)): No court proceedings for anything said/voted.
  • Freedom from arrest: In civil cases during session + 40 days before/after (not criminal/preventive detention).

Sources: Constitution, Parliament laws (none comprehensive), Rules, Conventions. Conflict with FRs (e.g., M.S.M. Sharma, Keshav Singh cases) resolved towards judicial review/basic structure.

Unlike British Parliament, Indian Parliament is not sovereign.

Limitations:

  • Written Constitution: Powers defined and limited.
  • Federal system: Division of powers.
  • Fundamental Rights (Art 13): Cannot abridge FRs.
  • Judicial Review: Laws subject to SC/HC review.
  • Basic Structure doctrine: Constituent power limited (Kesavananda Bharati case, 1973).
  • Rule of Law: Must operate within its framework.

Necessary for detailed scrutiny, expert examination, managing workload, and consensus building.

Types:

  • Standing Committees: Permanent, continuous functions (e.g., Financial Committees, DRSCs).
  • Ad Hoc Committees: Temporary, for specific tasks (e.g., JPC for scams, Select Committees on Bills).

Financial Committees (Very Important):

Committee Composition Chairman Functions
Public Accounts Committee (PAC) 22 members (15 LS, 7 RS) Appointed by Speaker (conventionally from Opposition) Examines CAG audit reports (post-mortem); scrutinizes public expenditure for legality, regularity, economy, wisdom. "Friend, philosopher, and guide of the CAG."
Estimates Committee (EC) 30 members (all LS) Appointed by Speaker (from ruling party) Examines budget estimates, suggests economies. "Continuous economy committee."
Committee on Public Undertakings (CoPU) 22 members (15 LS, 7 RS) Appointed by Speaker (from LS members) Examines reports/accounts of PSUs and CAG reports on PSUs.

Departmentally Related Standing Committees (DRSCs):

24 DRSCs, 31 members (21 LS, 10 RS). Nominated by Speaker/Chairman. Consider demands for grants, examine bills, consider policy documents. Reports are advisory.

Other important committees: Business Advisory, Rules, Privileges, Ethics, Government Assurances, Subordinate Legislation.

Issues:

  • Frequent Disruptions & Loss of Time.
  • Declining Number of Sittings.
  • Bypassing Committee Scrutiny for Bills.
  • Misuse of Ordinance Route.
  • Decline in Quality of Debates, Absenteeism.
  • Criminalization of Politics.

Suggested Reforms:

  • Minimum number of sittings.
  • Stricter Code of Conduct for MPs.
  • Strengthening Committee System (mandatory referral of bills).
  • Fixed parliamentary calendar.
  • Pre-legislative scrutiny & improved research support.

Forums:

Established by Speaker/Chairman (e.g., Water Conservation, Youth). Provide a platform for MPs to interact with experts on specific issues. Informal bodies, not committees.

Indian Parliamentary Group (IPG):

Autonomous body. Links Indian Parliament with world Parliaments (IPU, CPA). Promotes parliamentary diplomacy.

Significance and Way Forward

The Indian Parliament stands as the supreme legislative body, embodying the principles of popular sovereignty and federalism. Its bicameral structure, diverse powers, and elaborate procedural mechanisms aim to ensure democratic accountability, inclusive representation, and robust law-making.

While facing contemporary challenges such as disruptions and declining productivity, Parliament remains the vital forum for national deliberation, executive oversight, and charting the nation's future. The effectiveness of its committees, the dynamism of its debates, and the integrity of its members are crucial for upholding its sanctity as the temple of democracy and ensuring responsive and responsible governance.

Reforms are continuously debated to enhance its efficiency and relevance in a rapidly changing world, ensuring it continues to serve as the voice of the people and the bedrock of Indian democracy.

Prelims-Ready Notes

  • Organisation (Art 79): President + Rajya Sabha + Lok Sabha. President integral part, not member. Bicameral.
  • Rajya Sabha (Art 80): Max 250 (238 elected States/UTs, 12 nominated by President). Current 245. States: MLAs elect by PR-STV. Seats by population (4th Schedule - unequal rep.). UTs: Indirectly elected (Delhi, Puducherry, J&K). Nominated (12): Literature, Science, Art, Social Service.
  • Lok Sabha (Art 81): Max 552 (530 States, 20 UTs). Anglo-Indian nomination (2) ceased by 104th Amd, 2019. Current 543 elected. States/UTs: Directly elected by universal adult franchise. Territorial Constituencies: Ratio seats/population same (frozen till 1st census after 2026 - 84th/87th Amd). Delimitation: After every census (Art 82). Reservation: SCs/STs (Art 330) based on population.
  • Duration (Art 83): Rajya Sabha: Permanent, 1/3rd retire every 2 years. Member term: 6 years (RPA 1951). Lok Sabha: Normal 5 years. Dissolved by President. Extended by 1 year at a time during National Emergency (max 6 months after emergency ceases).
  • Membership (Art 84, 101, 102, 103): Qualifications: Citizen, Oath, Age (RS 30, LS 25), other as per Parl. (RPA 1951). Disqualifications (Art 102): Office of Profit, Unsound mind, Insolvent, Non-citizen, Disqualified by Parl law (RPA 1951). Defection (10th Schedule). Decision on Disqualification (Art 103): President (on EC advice) for Art 102. Presiding Officer for defection (subject to JR). Vacating Seats (Art 101): Dual membership, disqualification, resignation, 60-day absence. Oath: Third Schedule. Salaries: By Parliament.
  • Presiding Officers: Speaker LS (Art 93-97): Elected by LS from members. Term: Life of LS (continues till new LS first meeting). Removal by Effective Majority + 14 days notice. Presides Joint Sitting. Decides Money Bill (final). Disqualifies on defection. Casting vote. Security of tenure. Speaker Pro Tem: Appointed by President (senior-most) for new LS first sitting, administers oath, for Speaker election. Deputy Speaker LS: Elected by LS. Chairman RS (Art 64, 89): VP ex-officio. Powers similar to Speaker. Cannot decide Money Bill. Does not preside joint sitting. Removed as VP, not as Chairman. Deputy Chairman RS: Elected by RS. Secretariat (Art 98): Separate for each House, headed by Secretary-General.
  • Leaders: Leader of House: PM (LS if member, or nominee); Minister nominated by PM (RS). Leader of Opposition: Largest Opposition party, min 1/10th seats. Statutory recognition (1977 Act). Rank of Cabinet Minister. Whip: Appointed by party (not constitutional/statutory).
  • Sessions (Art 85): Summoning by President. Max 6-month gap. Adjournment: By Presiding Officer (time specified). Adjournment Sine Die: By Presiding Officer (indefinite). Prorogation: By President (ends session). Bills don't lapse. Dissolution: By President (ends LS life). RS never dissolves. Bills lapse/don't lapse based on specific rules. Quorum (Art 100): 1/10th total members.
  • Language (Art 120): Hindi/English. Mother tongue permitted.
  • Ministers/AG Rights (Art 88): Speak in either House/Committee, but vote only if member of that House. AG cannot vote.
  • Devices: Question Hour: 1st hour (Starred, Unstarred, Short Notice). Zero Hour: Informal (Indian innovation). Motions: Closure (Simple, Compartments, Kangaroo, Guillotine). Privilege. Calling Attention. Adjournment (LS only, 50 support, censure). No-Confidence (LS only, 50 support, CoM resigns). Censure (specific, no resignation). Motion of Thanks (on President's Address, mandatory). Resolutions: Private Member's, Govt, Statutory. Point of Order: For rules violation.
  • Legislative Procedure: Ordinary Bills (Art 107): Any House, Minister/Pvt Member. 3 Readings. Joint Sitting (Art 108) for deadlock (President summons, LS Speaker presides, Simple Majority). Money Bills (Art 110): ONLY LS, President's prior recommendation. Speaker's decision final. RS 14 days to recommend (cannot reject/amend). Deemed passed by LS. President must assent/withhold (no return). Financial Bills: FB(I) (Art 117(1)): Like MB for intro (LS, Pres Rec), like Ordinary for other stages (RS can amend/reject, Joint Sitting). FB(II) (Art 117(3)): Like Ordinary Bill, but needs Pres Rec for consideration (not intro).
  • Budget (Art 112): Annual Financial Statement. FM presents in LS. Charged Expenditure: Not voted on (Pres emoluments, SC/HC judges salaries, CAG etc.). Stages: Presentation, General Discussion, Committee Scrutiny, Voting on Demands for Grants (LS only - Cut Motions possible, Guillotine), Appropriation Bill (Art 114 - withdrawal from CFI, no alteration), Finance Bill (Art 110(a) - taxation proposals, can be amended). Other Grants: Supplementary, Additional, Excess, Vote of Credit, Exceptional, Token. Funds (Art 266, 267): CFI (Art 266(1)): All revenues, loans. Parl. Authorization for withdrawal. Public Account (Art 266(2)): PF, deposits. Executive action withdrawal. Contingency Fund (Art 267(1)): Unforeseen. President operates.
  • Powers & Functions of Parliament: Legislative (Union/Concurrent/Residuary/State list under conditions), Executive (CoM resp. to LS, oversight), Financial (Budget, taxes, expenditure, Committees), Constituent (Art 368), Judicial (Impeach Pres/VP, remove Judges), Electoral, Deliberative, Emergency Approvals.
  • Special Powers of RS (Council of States): Art 249: Law on State List (national interest - 2/3rd vote). Art 312: Create All-India Services (2/3rd vote). Keep emergency proclamation alive if LS dissolved (LS still needs to approve later).
  • Special Powers of LS: Money Bill only here, RS limited. CoM collectively responsible ONLY to LS. No-confidence motion only here. Speaker presides Joint Sitting. Votes on Demands for Grants.
  • Privileges (Art 105): Collective (publish proceedings, exclude strangers, make rules, punish for contempt, information of arrest, no court inquiry into proceedings). Individual (Freedom of speech, Freedom from arrest in civil cases (40 days before/after session)). Sources: Constitution, Parl laws (none full), Rules, Conventions. Based on UK House of Commons. Conflict with FRs: Courts tend to harmonize (Keshav Singh case).
  • Sovereignty of Parliament: NOT sovereign (unlike UK). Limited by Written Constitution, Federalism, FRs, JR, Basic Structure.
  • Parliamentary Committees: Necessity: Detailed scrutiny, expert examination, workload. Types: Standing (permanent), Ad Hoc (temporary). Financial Committees: PAC: 22 (15 LS, 7 RS). Chairman from Opposition. CAG's friend/philosopher/guide. Estimates Committee: 30 (all LS). Chairman from ruling. 'Continuous economy committee.' CoPU: 22 (15 LS, 7 RS). DRSCs: 24 committees. 31 members (21 LS, 10 RS). Reports advisory.
  • Decline in Effectiveness: Disruptions, fewer sittings, bypassing committees, ordinance misuse, quality of debate, absenteeism. Reforms suggested: minimum sittings, code of conduct, strengthening committees.
  • Parliamentary Forums: Platform for MPs to interact with experts.
  • Indian Parliamentary Group (IPG): Autonomous body, link with world Parliaments (IPU, CPA).

Mains-Ready Analytical Notes

Major Debates/Discussions

  • Bicameralism: Relevance of Rajya Sabha (indirectly elected) vs. Lok Sabha (directly elected), power over Money Bills, federal balance.
  • Delimitation Freeze: Implications of freezing Lok Sabha/Assembly seat reallocation until 2026 on democratic representation (southern vs. northern states).
  • Productivity of Parliament: Declining sittings, frequent disruptions, dwindling quality of debates, bypassing committee scrutiny.
  • Anti-Defection Law: Pros (party stability) and cons (curtailing dissent, empowering party high command, Speaker's impartiality).
  • Parliamentary Privileges vs. Fundamental Rights: Ongoing tension and judiciary's role in harmonization.
  • Ordinance Raj: Frequent promulgation bypassing parliamentary scrutiny.

Historical/Long-term Trends, Continuity & Changes

  • Evolution of Lok Sabha Strength: From 489 to 543 elected, with freeze till 2026. Anglo-Indian nomination abolished.
  • Rise of Coalition Politics: Impacted parliamentary functioning, leading to hung parliaments and greater regional party influence.
  • Strengthening of Committee System: DRSCs gained prominence, compensating for reduced floor debate.
  • Declining Legislative Scrutiny: Important bills passed with minimal debate/committee examination.
  • Increased Assertiveness of Rajya Sabha: Especially when ruling party lacks majority in Upper House.

Contemporary Relevance/Significance/Impact

  • Democratic Accountability: Primary institution for holding executive accountable.
  • Inclusive Representation: Diverse composition, reserved seats for SCs/STs.
  • Legislative Backlog: Challenge of passing complex legislation timely.
  • Role in Crisis Management: Approving emergency proclamations, discussing national crises.
  • Symbol of Sovereignty: Ultimate symbol of people's sovereignty.
  • Need for Reforms: Urgent need to enhance efficiency and relevance.

Real-world/Data-backed Recent Examples (India)

  • Recent Parliamentary Sessions: Frequent disruptions, limited debate, low attendance (Source: PRS Legislative Research, news).
  • Anti-defection cases: Ongoing cases, SC observations (e.g., Maharashtra political crisis 2022).
  • Budget process: Annual Budget Session, role of departmental committees, guillotine.
  • Joint Sittings: Last for POTA in 2002.
  • 104th Amendment Act, 2019: Cessation of Anglo-Indian nomination.

UPSC Previous Year Questions (PYQs)

Prelims MCQs

1. UPSC Prelims 2018:

With reference to the Parliament of India, which of the following statements is not correct?

  • (a) The President can summon a session of the Parliament at such place as he thinks fit.
  • (b) The Constitution of India provides for three sessions of the Parliament in a year, but it is not mandatory to conduct all three sessions.
  • (c) There is no minimum number of days that the Parliament is required to meet in a year.
  • (d) All Money Bills can originate only in the Lok Sabha.

Answer: (b)

Explanation: The Constitution mandates that the gap between two sessions should not exceed six months (Article 85), implicitly requiring at least two sessions. The number of sessions (Budget, Monsoon, Winter) is by convention, not a constitutional mandate of three.

2. UPSC Prelims 2017:

Consider the following statements:

  • 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
  • 2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgment can be made on it.

Which of the statements given above is/are correct?

  • (a) 1 only
  • (b) 2 only
  • (c) Both 1 and 2
  • (d) Neither 1 nor 2

Answer: (a)

Explanation: Statement 1 is correct; Parliament through a Constitutional Amendment can place laws in the Ninth Schedule. Statement 2 is incorrect; the Supreme Court in I.R. Coelho case (2007) held that laws placed in the Ninth Schedule after April 24, 1973 (date of Kesavananda Bharati judgment) are open to judicial review if they violate the basic structure of the Constitution.

Mains Questions

1. UPSC Mains 2021 (GS Paper 2):

"The Central Council of Ministers has a pivotal role in shaping and implementing the policies of the Union Government. Analyze its composition and various responsibilities."

Direction Hint:

This question about the CoM is closely related to Parliament, as the CoM is collectively responsible to the Lok Sabha, and Parliament scrutinizes its functioning. Value Points: Explain CoM's composition and responsibilities. Link to how Parliament exercises control over the executive (CoM) through its devices and procedures (e.g., no-confidence motion, Question Hour, parliamentary committees).

2. UPSC Mains 2016 (GS Paper 2):

"Discuss the constitutional provisions that facilitate the President’s role in balancing the Executive and the Legislature in India."

Direction Hint:

This question requires discussing Parliament's organization and functioning in relation to the President. Value Points: Discuss how the President is an integral part of Parliament (Art 79). Explain President's powers like summoning/proroguing/dissolving (Art 85), assent to bills (Art 111), and ordinance-making (Art 123) as key functions in legislative process, enabling him to balance Executive and Legislature.

Original Practice Questions

Original MCQs for Prelims

1. Which of the following statements about the financial powers of the Lok Sabha is/are correct?

  • 1. A Money Bill can be introduced only in the Lok Sabha on the President's recommendation.
  • 2. The Lok Sabha alone has the power to vote on demands for grants.
  • 3. The Speaker of the Lok Sabha certifies whether a bill is a Money Bill, and this decision is final.

Select the correct answer using the code given below:

  • (a) 1 only
  • (b) 1 and 2 only
  • (c) 2 and 3 only
  • (d) 1, 2 and 3

Answer: (d)

Explanation: All three statements are correct as per Articles 117(1), 113(2), and 110(3) of the Indian Constitution respectively.

2. Consider the following statements regarding the special powers of the Rajya Sabha:

  • 1. It can authorize Parliament to make a law on a State List subject in the national interest.
  • 2. It can authorize Parliament to create new All-India Services.
  • 3. It has the exclusive power to initiate the removal of the Vice-President of India.

Select the correct answer using the code given below:

  • (a) 1 only
  • (b) 1 and 2 only
  • (c) 2 and 3 only
  • (d) 1, 2 and 3

Answer: (d)

Explanation: All three statements are correct. Statement 1 (Article 249), Statement 2 (Article 312), and Statement 3 (Article 67(b)) are all special powers vested exclusively or primarily with the Rajya Sabha.

Original Descriptive Questions for Mains

1. "Parliamentary Committees are indispensable tools for ensuring accountability, transparency, and efficiency in a complex legislative process. Discuss the necessity of these committees and analyze the distinct roles played by the three financial committees (PAC, Estimates Committee, CoPU) in upholding financial accountability of the executive." (15 marks, 250 words)

Key Points/Structure Hint:

  • Introduction: Define committees and state their necessity.
  • Necessity: Detailed scrutiny (bills, policies), expert opinion, workload management, non-partisan forum.
  • Roles of Financial Committees:
    • PAC: Examines CAG audit reports (post-mortem), checks legality, regularity, economy, wisdom of public expenditure. "Friend, philosopher, guide of CAG."
    • Estimates Committee: Examines budget estimates (pre-expenditure review), suggests economies, administrative reforms. "Continuous economy committee."
    • CoPU: Examines reports/accounts of PSUs and CAG reports on PSUs, ensures efficiency and prudence.
  • Conclusion: Committees are vital for effective parliamentary control, ensuring prudent use of public funds, and strengthening democratic accountability.

2. "Despite its constitutional position as the supreme legislative body, the Indian Parliament faces several challenges that impact its effectiveness and productivity. Identify these challenges and suggest measures for parliamentary reforms to strengthen its role in governance." (10 marks, 150 words)

Key Points/Structure Hint:

  • Introduction: Acknowledge Parliament's position but also current challenges.
  • Challenges: Frequent disruptions, declining sittings, bypassing committee scrutiny, ordinance misuse, declining quality of debates, absenteeism/criminalization, anti-defection law's impact.
  • Measures for Reforms: Mandatory sittings, stricter code of conduct, strengthening committee system (mandatory bill referral), pre-legislative scrutiny, fixed parliamentary calendar, improved research support, review of anti-defection law.
  • Conclusion: Reforms are vital to enhance Parliament's efficacy, restore its deliberative function, and strengthen its role as a robust democratic institution.