12 - The Union Legislature

The Union Legislature

Parliament House, New Delhi



Our Constitution Government



Provides for harmonious blend of Legislative and Executive Organs of State



Functions of Parliament



has

adopted

Parliamentary

a)

Providing the Cabinet

b)

Control of the Cabinet

c)

Criticism of Cabinet and of Individual Members

d)

An organ of Information

e)

Legislation

f)

Financial Control

Form

of

Constitution of Parliament 

Parliament consists of: 

President (as per Legislative Duties) 1)

Addresses

2)

Assent to Bills

3)

Ordinances 1



Two Houses

House of People – Lok Sabha









Council of States – Rajya Sabha

Constitution of House of People

Reflects Federal



530 members from different states



20 members from union territories



2 members from Anglo Indian Community

Character

Composition of Council of States 

12 nominated by ‘President’ – Literature, Science, Art and Social Service



238 representatives of State and Union territories

Territorial Constituencies for Election of House of People 

Election direct



Territorial constituencies



Each state allotted number of seats based on population

Proportional representation for Council of States a)

Elected members of Legislative Assembly of each State 2





b)

Municipalities

c)

District boards

d)

Local Authorities

e)

Graduates

f)

Teachers

Why Proportional Representation not adopted for House of People 

Requires literacy



Will lead to fragmentation

Duration of Houses of Parliament 







Permanent Body



1/3 Members retire every 2nd year

House of People 

5 years



Maybe dissolved every 2nd year

Sessions of Parliament 



Council of States

Twice a year – Gap of 6 months

Qualification of Members of Parliament a)

Citizen of India

b)

Age 

Council of State – 30 years



House of People – 25 years 3



Disqualifications for Membership (Article 84) a)

Holds office of profit under Government of India

b)

Declared unsound by Competent Court

c)

Is an undischarged insolvent

d)

Ceased to be citizen of India 

e)

Disqualified by or under any Law of Parliament 



Dual membership 

Both Houses



State and Union

b)

Acquires any of the disqualifications

c)

Resignation

d)

Absence without permission

Salaries and Allowances of Members of Parliament 



Sex not a disqualification

Vacation of Seats by Members a)



Acquired citizenship of Foreign State

As per salaries, allowances and pension of members of Parliament Act, 1954

Officers of Parliament A.

SPEAKER

4



A Speaker to preside over House of People



And a Deputy Speaker



Elected by members of House



Hold office during period of house



Termination of office i)

Ceasing to be Member

ii)

By resignation in writing to Deputy Speaker

iii) Removal





Majority



14 day prior Notice



Speaker to be heard

Powers of Speaker i)

Preside over the House

ii)

Shall not vote in the first instance but will give Casting Vote in case of equality

iii) Maintain order iv) Interpret Rules of Procedure v)



Absence of quorum - Adjourn House

Speaker’s conduct in questioned in Courts

above

instances

cannot

be 5



B.



i)

To preside over Joint sitting of Both Houses

ii)

Endorse money bill stating it to be so

DEPUTY SPEAKER 

C.

Additional powers not available to Chairman of Council of States

To preside when office of Speaker falls vacant unless there is resolution for his removal

CHAIRMAN OF COUNCIL OF STATES 

‘Vice President’ – Ex Officio



Shall preside when not officiating as President



In his place Deputy Chairman



Can be removed only if removed from Office of Vice President



Emoluments as under Salaries and Allowances of Officers of Parliament Act, 1953



Functions similar to that of Speaker

Powers, Privileges and Immunities of Parliament and its Members 

Article 105 – Freedom of Speech



Article 194 – Right of Publication



Privilege as enjoyed by House of Commons



Conflict between privileges and Fundamental Rights, former to prevail

a)

Individual Privileges i)

Freedom from Arrest 6

ii)

Freedom of Attendance as Witness

iii) Freedom of Speech

b)

Parliamentary Privileges i)

Publication of proceedings and exclude publication

ii)

Right to exclude strangers

iii) Right to regulate its own Constitution iv) Right to regulate its proceedings v)



Right to punish for contempt

Legislative Procedure I.

Ordinary Bills 1)

Introduction

2)

Motions after introduction 

Considered



Referred to select Committee



Referred to Joint Committee



Circulated

3)

Report by Select Committee

4)

Passing of Bill in the House where it was introduced

5)

Passage in the other House

6)

President’s Assent

II. Money Bills 

Bill deemed to be Money Bill when it deals with any of the following matters: 1)

Tax 7

2)

Consolidated Fund or Contingency Fund – Custody

3)

Appropriation of moneys out of Consolidated Fund

4)

Regulation of borrowing money by Government

5)

Expenditure charged on Consolidated Fund

6)

Receipt of money into Consolidated Fund

7)

Matters incidental thereon



Speaker to endorse Money Bill – Decision Final



Procedure 1)

Not to be introduced in Council of States

2)

Passed by House of People with endorsement of Speaker then Council of States to pass it and back to House of People

3)

If recommendations of Council of States accepted by House of People – Bill passed by both

4)

If recommendations not accepted passed by both Houses in format of House of People

5)

If not returned within 14 days – passed by both in format of House of People

III. Financial Bill (Article 117)





Does not require Speaker’s Certificate



When it deals with other matters along with above matters – Generally Revenue or Expenditure



Ordinarily containing Expenditure from Consolidated Fund

Removal of Deadlock in the Course of Passing Bills 8



1)

Money Bills – House of People overrides

2)

Other Bills – Joint sitting of Both Houses

Financial Legislation in Parliament (Article 112) 

Beginning of every financial year statement of estimated expenditure and receipts to be laid before both houses



States economic policy



Votable of non votable -> Expenditure on Consolidated Fund



Discussed by both houses – Beyond this Council of States has no power



Grants voted by House of People

9