The Union Legislature – Parliament

• Article 79: Parliament consists of President, Council of States (Rajya Sabha), and House of the People (Lok Sabha).
• President as integral part: Not a member of either House, but essential for law-making (assent to bills), summoning/proroguing, dissolving Lok Sabha.
• Rationale for Bicameralism (Two Houses):
  • Federal Considerations: Rajya Sabha represents states.
  • Revision and Reconsideration: Second chamber acts as a revising and deliberative body, preventing hasty legislation.
  • Representation of Diverse Interests/Expertise: Nominated members bring expertise.
  • Check on Populism: Provides a check on potential majoritarianism of Lok Sabha.

• Maximum Strength (Art 80): 250 members (238 elected from States/UTs + 12 nominated by President).
• Current Strength: 245 members (233 elected + 12 nominated).
• Representation of States:
  • Elected by elected members of State Legislative Assemblies.
  • System: Proportional representation by single transferable vote.
  • Seats allocated based on population (Fourth Schedule).
• Representation of Union Territories: Indirectly elected by members of an electoral college (currently only Delhi, Puducherry, J&K).
• Nominated Members: 12 members nominated by President for special knowledge/experience in literature, science, art, and social service. Rationale: Bring expertise, give opportunity to distinguished persons.

• Maximum Strength (Art 81): 552 members (530 from States + 20 from UTs + 2 nominated Anglo-Indians (provision discontinued by 104th Amendment, 2019)).
• Current Strength: 543 elected members.
• Representation of States: Directly elected by people from territorial constituencies based on Universal Adult Franchise.
• Representation of Union Territories: Directly elected (as per law made by Parliament - Union Territories (Direct Election to the House of the People) Act, 1965).

• Delimitation Commission: Appointed after every census for readjustment. Decisions have force of law, generally cannot be challenged in court.
• Current Delimitation: Based on 2001 census figures for constituencies. Seats frozen till first census after 2026 (based on 1971 census by 84th Amend, 2001).
• Implications of future delimitation (post-2026): Likely shifts in seat allocation (higher population growth states gaining), potential increase in total LS seats, political tensions.

• Based on population ratio in the state.
• Extended by various amendments (Currently till 2030 by 104th Amendment, 2019).

• Citizen of India.
• Oath or affirmation before person authorized by EC (to uphold Constitution, sovereignty, integrity).
• Age: Minimum 30 years for Rajya Sabha, 25 years for Lok Sabha.
• Other qualifications prescribed by Parliament (Representation of the People Act, 1951 – e.g., registered elector, SC/ST for reserved seat).

Constitutional Disqualifications (Art 102):

• Holds any office of profit under Union or state government (unless exempted).
• Is of unsound mind and so declared by court.
• Is an undischarged insolvent.
• Is not a citizen of India or has acquired foreign citizenship.
• Is disqualified by or under any law made by Parliament.

Statutory Disqualifications (Representation of the People Act, 1951):

• Conviction for certain offences (imprisonment for 2 years or more). (Lily Thomas Case, 2013: Disqualification is immediate upon conviction).
• Engaged in corrupt practices during elections.
• Failure to lodge election expenses account.
• Interest in government contracts/services.
• Dismissal from government service for corruption/disloyalty.
• Promoting enmity, bribery, dowry, untouchability, sati offences.

Disqualification on Ground of Defection (Tenth Schedule):

• Member defects from political party. (Details in Anti-Defection Law topic).

Decision on Disqualification (Art 103):

• Art 102 Disqualifications: President's decision final (based on EC's opinion).
• Tenth Schedule (Defection): Decided by Speaker (LS) / Chairman (RS). Subject to judicial review (Kihoto Hollohan case, 1993).

• Double Membership: Cannot be member of both Houses, or Parliament and State Legislature simultaneously.
• Disqualification: Incurs any disqualification under Art 102 or Tenth Schedule.
• Resignation: To Speaker/Chairman (may or may not be accepted).
• Absence: From sittings for 60 days without permission.
• Other cases: Election void, expelled, elected President/VP/Governor.

• Election and Tenure: Elected by Lok Sabha from amongst its members. Remains in office even if LS dissolved, until new LS meets.
• Removal: Resolution by effective majority of LS (14 days' notice). Can speak, vote in first instance (not casting vote) during removal resolution.
• Role, Powers, and Functions:
  • Maintains order and decorum, final interpreter of Constitution/Rules/precedents within House.
  • Adjourns/suspends House in absence of quorum.
  • Casting vote in case of tie.
  • Presides over joint sitting (Art 108).
  • Certifies Money Bill (Art 110) – decision final.
  • Decides disqualification under Tenth Schedule (subject to judicial review).
  • Appoints chairmen of parliamentary committees.
  • First Speaker: G.V. Mavalankar.
• Independence and Impartiality: Security of tenure, salary charged on CFI, conduct cannot be discussed, high rank. Debates on strengthening impartiality (e.g., resigning from party).

• Election, Tenure, Removal similar to Speaker.
• Performs duties of Speaker when office vacant or Speaker absent.
• Convention: Usually from opposition party (often not followed). Issue of vacant Deputy Speaker post is a concern.

• Nominated by Speaker (up to 10 members) to preside in absence of Speaker and Deputy Speaker. (Cannot preside if offices are vacant).

• Appointed by President (usually senior-most member) for temporary period.
• Presides over first sitting of newly elected LS, administers oath to new members, enables election of new Speaker.
• Office ceases once new Speaker elected.

• Vice-President is ex-officio Chairman (Art 64).
• Powers and functions similar to Speaker (except Money Bill certification, joint sitting presidency). Cannot vote in first instance, only casting vote.
• Removal: Only if removed from office of Vice-President.

• Elected by Rajya Sabha from amongst its members.
• Performs duties of Chairman when office vacant or Chairman (VP) acts as President or is absent.

• Each House has separate secretarial staff, headed by a Secretary-General (appointed by Presiding Officer).
• Independent of executive.

• Summoning (Art 85): By President. Max gap between two sessions cannot be more than 6 months.
• Sessions: Budget Session (Feb-May), Monsoon Session (July-Sep), Winter Session (Nov-Dec).

• Suspends sitting for specified time (hours, days, weeks).
• Power of Presiding Officer.
• Effect: Only terminates a sitting, not a session. Bills, motions etc. pending are not affected.

• Terminates sitting for indefinite period.
• Power of Presiding Officer.

• Terminates a session.
• Done by President on advice of CoM.
• Does not affect pending bills (unless lapsed due to dissolution). Pending notices lapse.

• Ends life of existing Lok Sabha and calls for fresh elections.
• Done by President (on PM's advice or if government loses majority and no alternative possible).
• Rajya Sabha is not subject to dissolution.
• Effects on pending bills, motions etc.: All LS pending bills lapse. Bills passed by LS and pending in RS lapse. Bills passed by both Houses but awaiting President's assent do not lapse. Bills returned by President do not lapse.

Question Hour:

• First hour of every sitting. Members ask questions to ministers for accountability.
• Starred Questions: Oral answer, supplementary questions allowed.
• Unstarred Questions: Written answer, no supplementaries.
• Short Notice Questions: Oral answer, urgent public importance, less than 10 days' notice.

Zero Hour:

• Indian innovation (since 1962), not in Rules of Procedure.
• Starts after Question Hour. Members raise matters of urgent public importance without prior notice.

A formal proposal by a member for a decision of the House.

• Substantive Motion: Self-contained, independent, dealing with very important matters (e.g., impeachment).
• Substitute Motion: Alternative to original motion; if passed, supersedes original.
• Subsidiary Motion: Depend on other motions (Ancillary, Superseding, Amendment).
• Closure Motion: To cut short debate. Types: Simple, By Compartments, Kangaroo, Guillotine (undiscussed clauses put to vote, common in budget).
• Privilege Motion: Moved when minister/member commits breach of parliamentary privilege. To censure.
• Calling Attention Motion: Indian innovation (1954). Minister makes statement on urgent public importance.
• Adjournment Motion: Draws attention to definite matter of urgent public importance. Needs 50 members. Adjourns normal business. Censure element. Only in Lok Sabha.
• No-Confidence Motion (Art 75(3)): Opposition expresses lack of confidence in CoM. Only in LS. Needs 50 members. If passed, CoM must resign.
• Censure Motion: Condemns specific minister, group, or CoM for specific policy/action. If passed, CoM need not resign (unlike No-Confidence).
• Motion of Thanks: On President's Address. Must be passed; defeat in LS means government defeat.
• No-Day-Yet-Named Motion: Admitted by Speaker but no date fixed for discussion.
• Cut Motions: During budget debate on Demands for Grants. Types: Policy Cut (Re 1), Economy Cut (specified amount), Token Cut (Re 100).

Formal expression of opinion or recommendation of the House.

• Private Member's Resolution: Moved by non-minister; discussed on alternate Fridays (LS).
• Government Resolution: Moved by a minister.
• Statutory Resolution: Moved under provision of Constitution or Act of Parliament.

• Member raises if proceedings not as per Rules of House.
• Presiding Officer's ruling is final.
• Suspends proceedings.

• Half-an-Hour Discussion: Short discussion on matter of public importance arising out of answer to question.
• Short Duration Discussion: Two-hour discussion on matter of urgent public importance. No formal motion/voting.

• Initiated by Ministry of Parliamentary Affairs to familiarize youth with parliamentary procedures and democratic processes.

• Can be introduced in either House (by Minister – Government Bill, or private member – Private Member's Bill).
• First Reading: Introduction, publication in Gazette.
• Second Reading: General discussion; Reference to Select Committee/Joint Committee; Clause-by-clause consideration & voting.
• Third Reading: Debate confined to acceptance/rejection of bill as a whole. No amendments.
• Bill in the Second House: Goes through same three stages. Second House can pass, pass with amendments, reject, or take no action (if no action for 6 months, deadlock).
• Assent of the President (Art 111): President can Give assent, Withhold assent (Absolute Veto), or Return for reconsideration (Suspensive Veto). Can also exercise Pocket Veto.

• Definition: Only provisions dealing with taxes, government borrowing, Consolidated/Contingency Fund, appropriation of money etc. (Art 110).
• Speaker's Certification is final.
• Introduction: Only in Lok Sabha, only on President's recommendation. Always a Government Bill.
• Role of Rajya Sabha: Very limited. Can only discuss and make recommendations (LS may accept/reject). Must return bill within 14 days (otherwise deemed passed). Cannot reject or amend.
• President's Assent: Can give assent or withhold (cannot return for reconsideration).

• Financial Bills (I) – Art 117(1): Contain matters of Art 110 AND other general legislation. Introduced only in LS, on President's recommendation. Otherwise, ordinary bill procedure. RS can amend/reject. Joint sitting possible.
• Financial Bills (II) – Art 117(3): Involve expenditure from CFI but NO Art 110 matters. Can be introduced in either House. Needs President's recommendation for consideration stage. Otherwise, ordinary bill procedure. RS can amend/reject. Joint sitting possible.

• Summoned by President: In case of deadlock (Ordinary Bills and Financial Bills (I) & (II)).
• Not applicable to: Money Bills or Constitutional Amendment Bills.
• Presided over by: Speaker of Lok Sabha (or Deputy Speaker, or Deputy Chairman of RS). Chairman of RS does not preside.
• Governed by Rules of Procedure of Lok Sabha.
• Bill passed by majority of total members of both Houses present and voting. (LS has advantage).
• Instances of Joint Sittings (Only three times): Dowry Prohibition Bill 1960 (1961), Banking Service Commission (Repeal) Bill 1977 (1978), Prevention of Terrorism Bill (POTA) 2002 (2002).

• Constitution refers to Union Budget as 'Annual Financial Statement'.
• Estimated receipts and expenditure of GoI for financial year (April 1 to March 31).
• Presented by Finance Minister (on President's behalf) in Lok Sabha. Since 2017, presented on Feb 1. Railway Budget merged with General Budget (since 2017).

• Presentation of Budget.
• General Discussion (Both Houses).
• Scrutiny by Departmental Standing Committees.
• Voting on Demands for Grants (LS only. RS has no power to vote. Cut motions possible).
• Passing of Appropriation Bill (Art 114) – Authorises withdrawal from CFI. "No money shall be withdrawn from CFI except under appropriation made by law." Guillotine applied.
• Passing of Finance Bill – Gives effect to financial proposals (taxes). Subject to amendments.

• Supplementary Grant (Art 115): Insufficient authorized amount for current service.
• Additional Grant (Art 115): New service not contemplated in budget.
• Excess Grant (Art 115): Money spent in excess of granted amount. (Requires PAC approval).
• Vote of Credit (Art 116): Unexpected demand (magnitude/indefinite character, e.g., war).
• Exceptional Grant (Art 116): Special purpose, not part of current service.
• Token Grant: Funds for new service, available in other heads (token approval).

• To meet expenditure for part of financial year (usually 2 months) pending passage of full budget.

• Consolidated Fund of India (Art 266(1)): All revenues, loans, loan repayments. All lawful expenditures. No withdrawal without parliamentary authorisation.
• Public Account of India (Art 266(2)): Other public money (PF, judicial deposits etc.). Not subject to parliamentary vote. Executive operation.
• Contingency Fund of India (Art 267): Imprest fund for unforeseen expenditure. Operated by executive, but requires subsequent parliamentary approval/replenishment.

• Non-votable by Parliament (only discussed).
• Examples: Emoluments of President, Speaker, Chairman, SC/HC Judges, CAG; Debt charges of GoI.

• Special rights, immunities, exemptions enjoyed by Houses, their committees, and members.
• Significance: Secure independence and effectiveness, protect from obstruction, intimidation, interference.

• Right to publish reports/debates/proceedings and prohibit others.
• Exclude strangers from proceedings.
• Make rules for its procedure.
• Punish members/outsiders for breach of privilege or contempt.
• Regulate internal affairs; no court inquiry into proceedings (Art 122).

• Freedom of speech in Parliament (Art 105(1)): No court proceedings for anything said or vote given.
• Freedom from arrest: In civil cases during session and 40 days before/after (not for criminal cases or preventive detention).
• Exemption from jury service.

• Constitution (Art 105, 122).
• Laws made by Parliament (none so far comprehensively).
• Rules of Houses, Parliamentary conventions, Judicial interpretations.
• Currently based on British House of Commons privileges as of 1950.

• Breach of Privilege: Disregarding or attacking privileges/rights/immunities.
• Contempt of House: Obstructing Parliament's functions, or affront to its authority/dignity.
• Each House has power to punish its members or outsiders.

• Conflicts arise when privileges clash with FRs (e.g., freedom of speech, right to know).
• Searchlight Case (1959): SC held privilege (prohibit publication) prevailed over FR (freedom of press).
• Keshav Singh Case (1965): SC held judicial review possible for legislative power to punish for contempt if it violates FRs (Art 21).
• Attempts at Codification: Demands to codify privileges exist, but no comprehensive law enacted (fear of judicial review, limiting scope).

• British Parliament: Legally omnipotent, no legal restrictions on its power.
• Indian Parliament: Not absolutely sovereign; its powers are limited by the Constitution.

• Written Constitution: Defines scope and limits.
• Federal System: Division of powers, cannot exclusively legislate on State List.
• Judicial Review: SC/HC can declare laws unconstitutional.
• Fundamental Rights: Laws violating FRs can be voided (Art 13).
• Basic Structure Doctrine: Cannot amend basic features (Kesavananda Bharati).
• Procedural limitations: Must follow specific procedures (e.g., Money Bill, Art 368 process).

"Non-sovereign law-making body" (Subhash Kashyap) due to these limitations.

• Money Bills: LS has overriding powers (RS cannot reject/amend, must return within 14 days).
• Financial Bills: FB (I) requires LS introduction.
• No-confidence Motion: Only LS can pass against CoM.
• Budget: LS alone votes on Demands for Grants.
• Joint Sitting: LS dominates due to larger numerical strength.
• Council of Ministers: Responsible only to LS.

• Ordinary Bills, Constitutional amendment bills.
• Election/Impeachment of President, election of VP, removal of SC/HC Judges, CAG, CEC.
• Approval of ordinances, emergency proclamations.
• Consideration of reports, selection of ministers.

• Article 249: Authorize Parliament to make law on a State List subject (if RS passes resolution by 2/3rd majority in national interest).
• Article 312: Authorize Parliament to create new All-India Services (if RS passes resolution by 2/3rd majority in national interest).
• Approving proclamation of President's Rule or Financial Emergency when Lok Sabha is dissolved.
• Initiation of Vice-President's removal.

• Revising chamber, representation of states, platform for experienced persons, check on hasty legislation, deliberative body.

• Second chamber issues (redundant, slows legislative process).
• "Backdoor entry" for defeated politicians.
• "House of Elders or House of Obstructors?" (obstructing popular will).
• Indirect election (less democratic legitimacy).

• Reduced sittings, frequent disruptions, decline in quality of debates.
• Bypassing committees, increased ordinances, frequent guillotine.
• Low attendance.

• Confrontational politics, polarization.
• Anti-Defection Law stifling dissent.
• Criminalization of politics, lack of inner-party democracy.
• Televised proceedings leading to populism/grandstanding.
• Executive dominance.
• Decline of Leader of Opposition (when no party meets 1/10th seats).

• Minimum sittings per year, code of conduct, stricter rules against disruptions.
• Strengthening committee system (mandating referral of bills).
• Electoral reforms, state funding of elections.
• Empowering presiding officers, pre-legislative scrutiny.