Parliament of India: The Union Legislature

• Must be a citizen of India.
• Must make an oath/affirmation upholding Constitution, sovereignty & integrity of India.
• Age: Not less than 30 years for Rajya Sabha; Not less than 25 years for Lok Sabha.
• Other qualifications prescribed by Parliament by law (e.g., Representation of the People Act, 1951).

• Holds any office of profit under Union/State Govt. (unless exempted by law).
• Unsound mind (declared by competent court).
• Undischarged insolvent.
• Not a citizen of India, or voluntarily acquired foreign citizenship.
• Disqualified under any law made by Parliament (e.g., RPA, 1951: corrupt practices, criminal convictions).
• Disqualification on ground of Defection (Tenth Schedule): Voluntary give up party membership, vote/abstain contrary to whip, independent member joins party, nominated member joins party after 6 months.

• President summons each House.
• Maximum gap between two sessions cannot be more than six months (Parliament must meet at least twice a year).
• Usually three sessions: Budget (Feb-May), Monsoon (Jul-Sep), Winter (Nov-Dec).

• Adjournment: Suspends work for specified time (hours/days/weeks). By Presiding Officer. Does not affect pending bills.
• Adjournment Sine Die: Terminates sitting for indefinite period. By Presiding Officer.
• Prorogation: Terminates a session. By President. Does not affect pending bills; pending notices lapse.

• Ends the life of existing Lok Sabha (Rajya Sabha is permanent). By President.
• Impact on pending bills: (Crucial)
• Bill originating & pending in LS: Lapses.
• Bill passed by LS but pending in RS: Lapses.
• Bill pending in RS (not passed by LS): DOES NOT lapse.
• Bill passed by both Houses, awaiting President's assent: DOES NOT lapse.
• Bill passed by both Houses, returned by President for reconsideration: DOES NOT lapse.
• Bill pending where President has notified joint sitting: DOES NOT lapse.

• Minimum number of members required to be present: One-tenth of the total number of members, including the Presiding Officer.
• If no quorum, Presiding Officer must adjourn/suspend the House.

• Substantive Motion: Independent proposal on important matter (e.g., impeachment).
• Substitute Motion: Replaces original motion if adopted.
• Subsidiary Motion: Dependent on another motion.
• Ancillary Motion: Regulates proceedings.
• Superseding Motion: Has priority over debate.
• Amendment: Alters original motion.

Moved to cut short debate:

• Simple Closure: "Matter be now put to vote."
• Closure by Compartments: Grouped clauses debated for period, then voted.
• Kangaroo Closure: Only important clauses debated/voted, others skipped.
• Guillotine Closure: Undiscussed clauses put to vote due to lack of time (e.g., demands for grants).

• Privilege Motion: Member believes minister/member committed breach of privilege (misleading House).
• Calling Attention Motion: Call minister's attention to urgent public importance.
• Adjournment Motion: Interrupts normal business for urgent public importance. Needs 50 members. Element of censure. Only Lok Sabha. Min 2.5 hrs discussion.
• No-Confidence Motion (Article 75): Express lack of confidence in CoM. Only Lok Sabha. Needs 50 members. If passed, CoM must resign. No grounds stated.
• Confidence Motion: Moved by government to prove majority.
• Censure Motion: Disapproves specific policies/actions of minister/CoM. Requires reasons. CoM not required to resign, but exerts pressure.
• Motion of Thanks: Express gratitude for President's address. Must be passed, else defeat of government.
• No-Day-Yet-Named Motion: Admitted but no date fixed for discussion.
• Dilatory Motion: To delay/obstruct business.

• Right to publish reports/proceedings, and prohibit publication by others.
• Right to exclude strangers, hold secret sittings.
• Right to make rules for procedure/conduct (Art 118).
• Right to punish members/outsiders for breach of privilege/contempt.
• Immunity of proceedings from court inquiry (Art 122).
• Immunity from civil/criminal proceedings for publications under House authority.

• Freedom of speech in Parliament (Art 105(1)): Not liable to court proceedings for anything said/voted in Parliament/committee.
• Freedom from arrest: In civil case, during session & 40 days before/after. Not in criminal/preventive detention cases.
• Exemption from jury service.

• Sources: Constitution (Art 105/194), Parliament laws (no comprehensive law), House Rules, Conventions, Judicial interpretations (largely based on UK House of Commons).
• Breach of Privilege: Disobeying/disregarding lawful orders or violating privileges.
• Contempt of House: Broader concept; any act obstructing or impeding House functions, lowering its authority. (Breach of privilege is a form of contempt).

Art 79: Parliament = President + RS + LS. President integral, not member. Bicameral.

Rajya Sabha (Art 80): Max 250 (238 elected, 12 nominated). Current 245. States: MLAs by PR-STV. Seats based on population (4th Schedule). UTs: Delhi, Puducherry, J&K. Nominated: 12 (Lit, Sci, Art, Social Service). Permanent body, 1/3rd retire every 2 years, term 6 years (RPA, 1951).

Lok Sabha (Art 81): Max 552 (Anglo-Indian ceased by 104th CAA, 2019). Current 543 elected. States/UTs: Directly elected (Universal Adult Franchise, Art 326). Delimitation (Art 82): Frozen till 2026 (84th, 87th Amds). Reservation (Art 330): SCs/STs, extended by 104th CAA till 2030.

Qualifications (Art 84): Citizen, Oath, RS: 30 yrs, LS: 25 yrs. Disqualifications (Art 102): Office of Profit, unsound mind, insolvent, non-citizen, disqualified by Parliament law. Defection (10th Schedule): PO decision (subject to JR - Kihoto Hollohan). Decision on Disqualification (Art 103): President's decision final (based on ECI opinion) for Art 102(1).

Speaker LS (Art 93): Elected by LS. Term LS life. Decides Money Bill (final). Presides joint sitting. Chairman RS (VP, Art 64, 89): Ex-officio. No Money Bill decision, no joint sitting.

Summoning (Art 85): By President. Max 6-month gap. Prorogation: By President, terminates session, bills do not lapse. Dissolution (LS only): Ends LS life. Bills originating/passed by LS lapse. Bills pending in RS (not passed by LS) do not lapse. Quorum (Art 100): 1/10th total members.

Question Hour: Starred (oral+suppl), Unstarred (written), Short Notice. Zero Hour: Informal, Indian innovation. Motions: Adjournment (LS only, censure), No-Confidence (LS only, CoM resigns if passed).

Ordinary Bills (Arts 107, 108): Either House. President's assent (Art 111): Assent, withhold, return. Joint Sitting (Art 108): President summons for deadlock. Speaker LS presides. Not for Money/CABs.

Money Bills (Art 110): ONLY LS, ONLY on President's rec. RS restricted (14 days, no reject/amend). President: Assent or withhold (no return). Financial Bills (Art 117): FB(I) similar to Money Bill intro; FB(II) ordinary + President's rec for consideration.

Budget (Art 112): Annual Financial Statement. Charged Expenditure: Not voted by LS. Voted Expenditure: Voted by LS. Funds: CFI (Art 266(1), needs Parliament approval), Public Account (Art 266(2), executive action), Contingency Fund (Art 267(1), President operates, later approval).

RS: Art 249 (State List), Art 312 (new All-India Services), Emergency approval when LS dissolved. LS: Money Bills, No-Confidence, CoM collective responsibility.

Privileges (Art 105): Collective (immunity of proceedings from court, make rules, punish), Individual (freedom of speech, freedom from civil arrest). Indian Parliament NOT sovereign (Written Constitution, Federalism, FRs, Judicial Review, Basic Structure).

• Bicameralism: Necessity vs. Redundancy: RS acts as a check, federal representation vs. potential delay, fragmented representation.
• Parliamentary Sovereignty vs. Constitutional Supremacy: India's Parliament is limited by written Const, FRs, JR, BSD.
• Role of Presiding Officers: Impartiality questioned on disqualification decisions, adjournments.
• Decline in Parliamentary Productivity: Reasons include politicization, disruptions, less scrutiny of bills.
• Delimitation Freeze (till 2026): Debate on federal equity due to unequal representation based on population control.
• Relevance of Anglo-Indian Nomination: Cessation by 104th Amendment reflected shift.

• Evolution of Parliamentary Procedures: From British practices to Indian innovations (e.g., Zero Hour).
• Decline in Quality and Quantity of Debates: Observable through falling sitting days, reduced legislative output.
• Strengthening of Committee System: DRSCs post-1993 enhanced scrutiny, but non-referral of bills remains a concern.
• Rise of Coalition Politics vs. Strong Majorities: Both present challenges to parliamentary functioning and opposition space.
• Increased Judicial Scrutiny: Judiciary defines limits of parliamentary privilege and legislative power (e.g., Anti-Defection law, Money Bill certification).

• Accountability in Digital Age: Instant public attention on debates and disruptions.
• Impact of Party Whips: Anti-defection law reduces independent voting, making Parliament an endorsement forum.
• Role of Opposition: Absence of LoP impacts committees, statutory appointments.
• Delimitation Post-2026: Major upcoming issue, potential shift in political equations (North vs. South).
• Legislative Efficiency: Concerns about quality of laws due to insufficient scrutiny.
• Budget Presentation: Shift to Feb 1st, merger of Railway Budget.

Consider the following statements regarding the powers of the Speaker of Lok Sabha:

1. The Speaker can allow a member to speak in their mother tongue even if they are proficient in Hindi or English.
2. The Speaker's decision on whether a bill is a Money Bill can be reviewed by the Rajya Sabha.
3. The Speaker presides over a joint sitting of both Houses of Parliament.

How many of the statements given above are correct?

• (a) Only one
• (b) Only two
• (c) All three
• (d) None

Answer: (b)

Explanation:

• Statement 1 is incorrect (Art 120: only if member cannot adequately express).
• Statement 2 is incorrect (Art 110(3): Speaker's decision on Money Bill is final).
• Statement 3 is correct (Art 108(4)).

Which of the following statements about the composition and functioning of Rajya Sabha is/are correct?

1. Members representing Union Territories in Rajya Sabha are directly elected by the people of those Union Territories.
2. A nominated member of Rajya Sabha can join a political party within six months from the date of his nomination without incurring disqualification under the Anti-defection Law.
3. The Vice-President of India is elected by the elected members of the Rajya Sabha alone.

Select the correct answer using the code given below:

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

Answer: (b)

Explanation:

• Statement 1 is incorrect (indirectly elected by electoral college/assemblies).
• Statement 2 is correct (Tenth Schedule provision).
• Statement 3 is incorrect (VP elected by members of both Houses of Parliament).

"Despite being structurally bicameral, the Indian Parliament exhibits a distinct tilt in favour of the Lok Sabha." Elucidate this statement by comparing the powers and functions of the two Houses, and discuss the constitutional rationale behind this imbalance. (15 marks, 250 words)

Key Points/Structure:

• Introduction: Bicameral nature, LS pre-eminence.
• Lok Sabha's Pre-eminence: Money Bills (exclusive intro, RS restricted); CoM collective responsibility ONLY to LS (no-confidence motion); exclusive vote on Demands for Grants; Speaker presides joint sitting; directly elected (popular mandate).
• Rajya Sabha's Specific Powers: Federal representation (Art 249, Art 312 for All-India Services); Emergency approval when LS dissolved; continuous chamber.
• Constitutional Rationale for Imbalance: Democratic principle (LS directly elected, financial & executive accountability); Westminster model inheritance; avoiding financial paralysis.
• Conclusion: Deliberate design for robust scrutiny without impeding executive accountability to directly elected House.

"The declining productivity and increasing disruptions in the Indian Parliament pose a significant challenge to democratic accountability and effective governance." Analyse the veracity of this statement, identifying the key issues and suggesting appropriate reforms to enhance parliamentary functioning. (15 marks, 250 words)

Key Points/Structure:

• Introduction: Parliament's role, concerns about productivity.
• Veracity (Key Issues): Reduced sittings & disruptions (data, recent examples); bypassing committee scrutiny; decline in debate quality; ordinance misuse; impact on accountability/governance.
• Suggested Reforms: Minimum sittings; stronger code of conduct; mandatory referral of bills to committees; fixed calendar; pre-legislative scrutiny; fair application of rules by PO.
• Conclusion: Acknowledge challenges, emphasize indispensable role, and need for reforms to restore effectiveness.