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The Indian Parliament: A Structured Overview

I. Structure and Composition

A. Integral Components

• The Indian Parliament consists of three integral parts:
  1. The President
  2. The Lok Sabha (House of the People)
  3. The Rajya Sabha (Council of States)
• The Vice-President is not an integral part of Parliament.

B. Composition of Lok Sabha

• Maximum Strength: 552 members.
• Breakdown:
  • Up to 530 representatives elected from state constituencies.
  • Up to 20 representatives from Union Territories.
  • *Note: The provision for the President to nominate 2 Anglo-Indian members was not extended beyond January 25, 2020.*

C. Composition of Rajya Sabha

• Maximum Strength: 250 members.
• Breakdown:
  • 238 representatives from states and union territories.
  • 12 members nominated by the President for their expertise in art, literature, science, and social services.

D. Nominated Members

• There is no constitutional bar for a nominated member of either house to be appointed as a Union Minister.
• Nominated MPs do not have the right to vote in the election of the President.
• Nominated MPs do have the right to vote in the election of the Vice-President.

E. Roles and Eligibility

• The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.
• The Deputy Chairman of the Rajya Sabha is elected from amongst its members.
• The rule requiring a Rajya Sabha candidate to be a resident of the state they represent was removed by an amendment in 2003.

II. Parliamentary Procedures & Sessions

A. Sessions

• The President must ensure that Parliament meets at least twice a year.
• The maximum gap between two consecutive sessions cannot be more than six months.

B. Termination of Membership

• A member’s seat is declared vacant if they are absent (without permission) from all meetings of the House for 60 days.
• The first instance of such a disqualification was against a member of the Rajya Sabha.

C. Zero Hour

• An Indian innovation in the parliamentary system.
• Time for raising matters of urgent public importance.
• An informal device with no specific mention in the rules of procedure.
• Timing:
  • Lok Sabha: 12:00 noon to 1:00 pm (after Question Hour).
  • Rajya Sabha: 11:00 am to 12:00 noon.
• Maximum duration is generally one hour.

D. Other Procedures & Motions

• Yielding the floor: The Speaker asks a member to stop speaking to let another member speak.
• Rule 377 (Lok Sabha): Allows members to raise matters not covered by other rules. The number of matters allowed per day was increased from 20 to 30 in 2015.
• Privilege Motion: Can be raised against a minister if they withhold facts or give a distorted version of facts.
• Adjournment Motion: Draws the House’s attention to a definite matter of urgent public importance. Its scope is now restricted by the Calling Attention notice procedure.
• Calling Attention Notice: Draws a minister’s attention to an urgent matter but does not include condemnation of the government.
• Guillotine: A procedure to stop debate and put all pending clauses of a bill to vote because the allotted time has expired.

E. Questions

• Starred Question: Answered orally; allows supplementary questions.
• Unstarred Question: Answered in writing; does not allow supplementary questions.
• Short Notice Question: Pertains to a matter of urgent public importance with shorter notice; allows supplementary questions.
• Question Hour: The first hour of a sitting used for questions; a key tool for parliamentary control.

III. Legislative and Financial Powers

A. Amending the Constitution

• Under Article 368, Parliament can amend any part of the Constitution as the supreme legislative body.
• This power is not absolute; the Supreme Court has ruled that Parliament cannot amend the ‘basic structure’ of the Constitution.

B. Legislating on State Subjects
Parliament can make laws on State List subjects under these circumstances:

1. To implement international treaties/agreements (Article 253) – without state consent.
2. If two or more states pass a resolution requesting Parliament to legislate (Article 252).
3. If the Rajya Sabha passes a resolution by a 2/3rd majority that it is in the national interest (Article 249).
4. When a Proclamation of Emergency is in operation.
5. On any subject not included in the State or Concurrent Lists (Residual Powers, Article 248).

C. Money Bills (Article 110)

• Definition: A bill containing only matters specified in Article 110(1)(a) to (f) (e.g., taxes, appropriation from CFI).
• Certification: The Speaker of the Lok Sabha has the final authority to certify a bill as a Money Bill.
• Introduction: Can only be introduced in the Lok Sabha.
• Role of Rajya Sabha: Cannot reject or amend. Can only make recommendations and must return the bill within 14 days. Lok Sabha can accept or reject these recommendations.
• President’s Role: The President cannot return a Money Bill for reconsideration.
• A joint sitting is not possible for a Money Bill.
• Matters NOT included: Imposition of fines/penalties; appropriation from the Contingency Fund.

D. Other Bills

• Ordinary Bill: Can be introduced in either House.
• Financial Bill (not a Money Bill): Involves expenditure but not exclusively Article 110 matters. Can be introduced in either House but requires the President’s recommendation.
• Private Member’s Bill: Introduced by any MP who is not a minister. Roughly 12 have been passed since independence.
• Bill for All-India Services: Must be introduced in the Rajya Sabha.

E. Lapsing of Bills

• A bill does not lapse upon the prorogation of a House.
• A bill pending in the Rajya Sabha (but not passed by Lok Sabha) does not lapse upon the dissolution of the Lok Sabha.
• A bill passed by the Rajya Sabha but pending in the Lok Sabha lapses upon the dissolution of the Lok Sabha.

IV. Parliamentary Privileges (Article 105)

A. Collective Privileges (of the House)

• Freedom of debates and proceedings.
• Right to regulate internal matters.
• Power to exclude strangers from the house.

B. Individual Privileges (of a Member)

• Freedom from being forced to attend as a witness.

V. Public Funds of India

A. Consolidated Fund of India (CFI – Article 266)

• Definition: The fund where all government revenues, loans, and receipts are deposited.
• Withdrawal Rule: No money can be withdrawn without parliamentary authorization via an Appropriation Act.
• Charged Expenditure (not voted on, but can be discussed):
  • Salaries/allowances of the President, Vice-President, CJI & SC Judges, CAG, Chairman/Deputy Chairman of Rajya Sabha, Speaker/Deputy Speaker of Lok Sabha.
  • Debt charges of the Government of India.
  • Pensions for judges of High Courts.
  • Funds for court/arbitral tribunal decrees.
  • Note: The Prime Minister’s salary is a voted expenditure, not charged.

B. Contingency Fund of India (Article 267)

• Purpose: An imprest fund at the President’s disposal to meet unforeseen expenditure pending parliamentary authorization.
• Control: Operated by the executive.

C. Public Account

• Withdrawal Rule: Money spent does not require parliamentary authorization. Operated by the executive.

VI. The Budget Process

A. Preparation & Presentation

• Prepared by the Department of Economic Affairs (Finance Ministry).
• The Economic Survey is presented before the Budget.
• Secrecy: Leaking the budget is a breach of the Official Secrets Act, 1923.

B. Process & Control

• Stages:
  1. Presentation of the Budget.
  2. Discussion on the Budget.
  3. Passing of the Appropriation Bill.
  4. Passing of the Finance Bill.
• Expenditure is submitted as Demands for Grants.
• Parliamentary Control Methods: Budget presentation, Appropriation Bill, supplementary grants, Finance Bill.
• Consequence of Failure: If the Lok Sabha fails to pass the budget, it signifies a loss of majority, leading to the resignation of the Prime Minister and entire Council of Ministers.

C. Vote on Account (Article 116)

• Permits the government to withdraw money from the CFI for a limited period before the new fiscal year when the full budget is not passed.
• An Interim Budget is broader, including both expenditure and receipts, while a Vote on Account deals only with expenditure.

D. Cut Motion

• A proposal to reduce the demand in the Budget is used to draw attention to a specific issue.

VII. Joint Sitting of Parliament (Article 108)

• Purpose: To resolve a deadlock between the two Houses on an ordinary bill.
• A deadlock occurs if: The bill is rejected; Houses disagree on amendments; the other House does not pass the bill for more than six months.
• Presiding Officer: Speaker of Lok Sabha → Deputy Speaker → Deputy Chairman of Rajya Sabha → any other member approved by the session.
• Passage Requirement: A simple majority of members present and voting.
• Not Applicable For: Money Bills, Constitution Amendment Bills, Appropriation Bills.
• Historical Instances:
  1. 1961: Dowry Prohibition Bill.
  2. 1978: Banking Service Commission (Repeal) Bill.
  3. 2002: Prevention of Terrorism Act (POTA) Bill.

VIII. President’s Address & Elections

A. President’s Address

• The President addresses a joint sitting at:
  1. The commencement of the first session after a general election.
  2. The commencement of the first session of each year.
• It informs Parliament of the causes for its summons and outlines the government’s agenda.

B. Elections and Voting Rights

• The electoral college for the President consists of elected members of Parliament and State Legislative Assemblies.
• Elected members of State Legislative Assemblies vote in elections for both the Lok Sabha and Rajya Sabha.

IX. Parliamentary Committees

A. Financial Committees

1. Public Accounts Committee (PAC):
   • Function: Examines CAG audit reports and government accounts.
   • Composition: 22 members (15 from LS, 7 from RS). Chairman is from the Opposition (since 1967) and is nominated by the LS Speaker. Ministers are ineligible.
   • Report to: Parliament (via the Speaker).
2. Estimates Committee:
   • Function: Examines budget estimates and suggests economies.
   • Composition: 30 members only from Lok Sabha. It is the largest committee.
   • Tenure: One year.
3. Committee on Public Undertakings:
   • Function: Examines reports of CAG on PSUs.
   • Composition: 22 members (15 from LS, 7 from RS).

B. Other Key Committees

• Committee on Subordinate Legislation: Scrutinizes rules and regulations made by the Executive.
• Committee on Government Assurances: Examines promises made by ministers and their fulfillment status.
• Business Advisory Committee: Regulates the program and timetable of the House.
• Rules Committee: Concerns procedure and conduct of business.
• Consultative Committees: Constituted by the Ministry of Parliamentary Affairs for specific sectors.

C. Joint Parliamentary Committee (JPC)

• An ad-hoc committee constituted for a specific task (e.g., JPC on 2G Scam: 30 members [20 LS + 10 RS], Chairman: P.C. Chacko).

X. Miscellaneous Constitutional Provisions & Facts

• • Tax Limit: The maximum payable for a “Tax on profession, trade, and callings” is ₹2,500/year (increased by the 60th Amendment, 1988).
  • Ordinance Power: The President can promulgate an ordinance only when Parliament is not in session.
  • Right to Property: A legal right, not a Fundamental Right (44th Amendment).
  • Voting Age: Reduced from 21 to 18 years by the 61st Amendment, 1988.
  • Prior President’s Sanction is required for bills on:
    • Formation of a new State.
    • Altering state boundaries.
    • Affecting taxation in which States are interested.
    • A Money Bill.
  • Preamble: The words “Secular” and “Socialist” were added by the 42nd Amendment.
  • Parliamentary Sovereignty is restricted by Judicial Review.
  • Golden Jubilee of Parliament was celebrated on 13th May 2002.

Know More About The Parliament (3):

• The Parliament – Old Year Questions
• The Parliament -One Liner Questions & Answers