Leg.docx

Dr. Ram Manohar Lohiya National Law University, Lucknow

Project

Functioning of Parliament – loksabha, rajyasabha and president

Submitted to:

Submitted by:

Dr. Shashank Shekhar

Ayush Pratap Singh

Asst. professor Law RMLNLU

Contents ACKNOWLEDGEMENT INTRODUCTION LOK SABHA RAJYA SABHA THE INDIAN PRESIDENT FUNCTIONS AND POWERS OF THE UNION PARLIAMENT TYPES OF QUESTIONS PROCESS OF LEGISLATION

ACKNOWLEDGEMENT I am overwhelmed in all humbleness and gratefulness to acknowledge my depth to all those who have helped me to put these ideas, well above the level of simplicity and into something concrete. I would like to express my special thanks of gratitude to my teacher Dr. Shashank Shekhar, Assistant Professor, Law who gave me the golden opportunity to do this wonderful project on the topic "functioning of parliament – loksabha rajya sabha and president" , which also helped me in doing a lot of Research. I am really thankful to them. Any attempt at any level can't be satisfactorily completed without the support and guidance of my parents and friends. I would like to thank my parents who helped me a lot in gathering different information, collecting data and guiding me from time to time in making this project, despite of their busy schedules, they gave me different ideas in making this project unique. Thanking you, Ayush pratap singh

INTRODUCTION

“1The Parliament of India is the supreme legislative body of the Republic of India. The Parliament is composed of the President of India and the houses. It is bicameral with two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President in his role as head of legislature has full powers to summon and prorogue either house of Parliament or to dissolve Lok Sabha.” The president can exercise these powers only upon the advice of the Prime Minister and his Union Council of Ministers. Those elected or nominated (by the President) to either house of Parliament are referred to as members of parliament (MP). TheMembers of Parliament, Lok Sabha are directly elected by the Indian public voting in Single-member districts and the Members of Parliament, Rajya Sabha are elected by the members of all of the State Legislative Assembly by proportional representation. The Parliament has a sanctioned strength of 545 in Lok Sabha including the 2 nominees from the Anglo-Indian Community by the president and 245 in Rajya Sabha including the 12 nominees from the expertise of different fields of science, culture, art and history. The Parliament meets at Sansad Bhavan in New Delhi A Member of Parliament of Lok Sabha is the representative of the Indian people to theLok Sabha; the lower house of the Parliament of India. Members of Parliament of Lok Sabha are chosen by direct elections on the basis of the adult suffrage. Parliament of India is bicameral with two houses; Rajya Sabha (Upper house i.e. Council of States) and the Lok Sabha (Lower house i.e. House of the People). The maximum permitted strength of Members of Parliament in the Lok Sabha is 552. This includes maximum 530 members to represent the constituencies and states, up to 20 members to represent theUnion Territories (both chosen by direct elections) and not more than two members of the Anglo-Indian community to be nominated by the President of india The majority party in t A Member of Parliament of the Rajya Sabha is the representative of the Indian states to the upper house of the Parliament of India (Rajya Sabha). Rajya Sabha MPs are elected by the electoral college of the elected members of the State Assembly with a system ofproportional representation by a single transferable vote. Parliament of India is bicameral with two houses; Rajya Sabha (Upper house i.e. Council of States) and the Lok Sabha (Lower house i.e. House of the People). Total number of members of Rajya Sabha are lesser thanMember of Parliament of the Lok Sabha and have more restricted power than the lower house (Lok Sabha). Unlike membership to the Lok Sabha, membership to the Rajya Sabha is permanent for a term of six years cannot be dissolved at any timehe Lok Sabha chooses the Prime Minister of India.

1 Singh H, 'Power And Functions Of Indian Parliament' (Jagranjosh.com, 2017) accessed 25 October 2017

LOK SABHA COMPOSITION OF HOUSE OF THE PEOPLE (LOK SABHA) –ARTICLE 81 DURATION OF HOUSES OF PARLIAMENT - ARTICLE 83 The house of the people(lok sabha)consists of five hundred and fifty two membersout of which five hundred and thirty are directly elected from territorial constituencies in the states and twenty from the union terriotories. Two members are nominated by the president from anglo Indian community. Seats are also reserved in loksabha for schedule castes and scheduled tribes who are elected from constituincies specially earmarked for them all over the country.the representation of the people acts makes provisions for allocation of seats to various states and union terriotories.the actual strength of the lok sabha at present 545 which includes the speaker and two nominated members .the first lok sabha under the constitution was constituted after the general election held in 1952. The lok sabha unless sooner dissolved continues for five years from the date appointed from its first meeting. However while a proclamation of emergency is in operation , this period may be extended by parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate . QUALIFICATION- ARTICLE 84

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He / She should be a citizen of India He / She should not be less than 25 years of age. He / She possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. He / She should not be proclaimed criminal i.e. they should not be a convict, a confirmed debtor or otherwise disqualified by law; and He / She should have his/her name in the electoral rolls in any part of the country. DISQUALIFICATIONS If he / she holds office of profit; If he / she is of unsound mind and stands so declared by a competent court If he / she is an undischarged insolvent; If he / she is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; If he / she is violating party discipline (as per Tenth schedule of the constitution); disqualified under Representation of People Act. A seat in the Lok Sabha will become vacant in the following circumstances: (during normal functioning of the House)

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When the holder of the seat, by writing to the speaker, resigns. When the holder of the seat is absent from 60 consecutive days of proceedings of the House, without prior permission of the Speaker. When the holder of the seat is subject to any disqualifications mentioned in the Constitution or any law enacted by Parliament. A seat may also be vacated when the holder stands disqualified under the 'Anti-Defection Law'.

Sessions of lok sabha- Article 85 Session means a period during which the house meets to conduct its business . the session of parliament are summoned by the president.The president convene the session on the advice of the council of ministers but a period of more than six months should not lapse between two sessions of lok sabha.   

Three sessions of Lok Sabha take place in a year: Budget session: February to May. Monsoon session: July to September. Winter session: November to mid December

Leader of the house The prime minister is the leader of the house he is the last person to wind up a debate and to reply to all the points raised in a discussion before voting takes place on any motion. Leader of the opposition The leader of the second largest political party in the house is recognized as the leader of the opposition party provided the party has one tenth of the membership of the house . Speaker and deputy speaker –article 93 Lok Sabha has a Speaker and a Deputy Speaker. In the Lok Sabha, the lower House of the Indian Parliament, both presiding officers—the Speaker and the Deputy Speaker- are elected from among its members by a simple majority of members present and voting in the House. As such, no specific qualifications are prescribed for being elected the Speaker. The Constitution only requires that Speaker should be a member of the House. But an understanding of the Constitution and the laws of the country and the rules of procedure and conventions of Parliament is considered a major asset for the holder of the office of the Speaker. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker is mentioned under Article 94 of the Constitution of India. As per Article 94 of Indian Constitution. A Speaker or a Deputy Speaker, should vacate his/her office, a) if he/she ceases to be a member of the House of the People, b) he/she resigns, c) removed from his office by a resolution of the House of the People passed by a majority. The Speaker of Lok Sabha is at once a member of the House and also its Presiding Officer. The Speaker of the Lok Sabha conducts the business in the house. He/she decides whether a bill is a money bill or not. He/she maintains discipline and decorum in the house and can punish a member for their unruly behaviour by suspending them. He/she permits the moving of various kinds of motions and resolutions like the motion of no confidence, motion of adjournment, motion of censure and calling attention notice as per the rules. The Speaker decides on the agenda to be taken up for discussion during the meeting. It is the Speaker of the Lok Sabha who presides over joint sittings called in the event of disagreement between the two Houses on a legislative measure. Following the 52nd Constitution amendment, the Speaker is vested with the power relating to the disqualification of a member of the Lok Sabha on grounds of defection. The Speaker makes obituary references in the House, formal references to important national and international events and the valedictory address at the conclusion of every Session of the Lok Sabha and also when the term of the House expires. Though a member of the House, the Speaker does not vote in the House except on those rare occasions when there is a tie at the end of a decision. Till date, the Speaker of the Lok Sabha has not been called upon to exercise this unique casting vote. While the office of Speaker is vacant due to absence/resignation/removal, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint

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RAJYA SABHA

COMPOSITION OF THE COUNCIL OF STATES (RAJYA SABHA)-ARTICLE 80 The council of states (rajya sabha)consists of not more than 250 out of which 238 represent the state and 12 members sre nominated by the president .the fourth schedule of the constitution provides for the allocation of seats of various states and union territories .The representatives of states are elected by the elected members of state assemblies in accordance with the system of proportional representation by means of single transferable vote . The representatives of the union territories in rajya sabha are chosen in accordance with laws enacted by parliament. Twelve members nominated by the president are from amongst the persons having special knowledge or practical experience in respect of such matters as literature science art and socil=al service . the actual strength of rajya sabha at presnt is two hundred and forty five . However one third member retire biennially. A member who is elected for full term retains his membership for six years .he is elegible for re election.

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QUALIFICATIONS – ARTICLE 84 Must be a citizen of India. Must make and subscribe before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution. Must be at least 30 years old. Must be elected by the Legislative Assembly of States and Union territories by means of Single transferable vote throughProportional representation. Must have their name present on the voters' list. Cannot be a proclaimed criminal. Cannot be an insolvent, i.e. he/she should not be in debt that he/she is not capable of repaying in a current manner and should have the ability to meet his/her financial expenses. Should not hold any other office of profit under the Government of India. Should not be of unsound mind. Must possess such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

VICE PRESIDENT –THE EX OFFICIO CHAIRMAN OF RAJYA SABHA(ARTICLE 64) The vice president of india is the ex-officio chairman of the rajya sabha .He presides over its meetings but he has no right to vote on any issue discussed in the house .He can however exercise a casting vote in case of a tie .When the vice president acts as the president the deputy 2

legislativebodiesinindia.nic.in

chairman of rajya sabha performs the function of the chaiman of rajya sabha .The deputy chairman is elected from amongst the members of the rajya sabha .he presides over the sittings of the house in absence of the chairman.

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THE INDIAN PRESIDENT ARTICLE-52

The President of the Republic of India is the head of state of India and the commander-inchief of the Indian Armed Forces. The President is indirectly elected by an electoral college comprising the Parliament of India (both houses) and the Legislative Assemblies of each of India's states and territories, who themselves are all directly elected. The office-holder serves for a term of five years; there are no term limits. The oath of the President is taken in the presence of the Chief Justice of India, and in their absence, by the most senior judge of the Supreme Court of India. Although the Article 53 of the Constitution of India states that the President can exercise his powers directly or by subordinate authority, with few exceptions, all of the executive powers vested in the President are, in practice are exercised by the prime minister with the help of the Council of Ministers. The President is bound by convention to act on the advice of the Prime Minister and Cabinet

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ELIGIBILITY-ARTICLE 58 a citizen of India of 35 years of age or above qualified to become a member of the Lok Sabha A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Government.

Election process

Whenever the office becomes vacant, the new President is chosen by an electoral college consisting of the elected members of both houses of Parliament (M.P.s), the elected members of the State Legislative Assemblies(Vidhan Sabha) of all States and the elected members of the legislative assemblies (M.L.A.s) of two Union Territories (i.e., National Capital Territory (NCT) of Delhi and Union Territory of Puducherry). President , is elected in an extensive manner by the members of Lok Sabha, Rajya Sabha and state legislative assemblies in a secret ballot procedure.

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www.thehindu.com

The nomination of a candidate for election to the office of the President must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Each candidate has to make a security deposit of ₹15,000 in the Reserve Bank of India.The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled. The election is held in accordance to the system of Proportional representation by means of the Single transferable vote method. The voting takes place by secret ballot system. The manner of election of President is provided by Article 55 of the Constitution.

Functions and powers Legislative powers Power to summon and prorogue parliament and dissolve the lok sabha: The power to summon the parliament is subject to the condition that six months shall not intervene between the last sitting in in one session and first sitting in the next session .The president has the power to dissolve the loksabha also when loksabha completes its full term president announces the dissolution of lok sabha.

Nominations of the members of the parliament the president nominates 12 MPs to the rajya sabha . He may also nominate two MPs of anglo Indian community to the loksabha if this community is not adequately represented.

To address parliament or send message The president address both the house of parliament together at the first session after the general election and on commencement of first session each year.He can also address to either house for their joint sitting. Assent to legislation President’s assent on a bill is necessary to become law . he may refuse to give assent or send it back for reconsideration , if it is not a money bill.

To issue ordinances President can issue ordinances when parliament is not in session.

Executive powers Administrative head The administration of the country runs in his name.All orders are issued in his name.All officials are his subordinate .He is the head of the union administration. Appoints and dismisses the prime minister the council of ministers and high officials He appoints leader of the majority party in the loksabha as the prime minister and on his advice appoints the council of ministers. Financial powers Introduction of money bill A money bill can be introduced in loksabha only with the prior recommendation of the president. Contingency fund The contingency fund is at presidents disposal . he can make advances out of it to meet unforeseeable expenditure. Finance commission The president appoints a finance commission after every five years .It consists of a chairman and four members.It submits it recommendation to the president on specific financial matters.

Military power The president is the supreme commander of the defence forces so he has the power to appoint the chiefs of the army, air force and navy . He also has the power to declare war or conclude peace with any foreign country on the advice of the council of ministers.

Judicial powers To modify punishment He can grant pardon , reprieve or remission of punishment passed by any court . No criminal proceedings against he president No criminal proceedings can be instituted against the president in any court of law during his term of office . the president is not answerable to any court for exercise of his powers and duties of office.

Emergency powers The President can declare three types of emergencies: national, state and financial, under articles 352, 356 and 360 in addition to promulgating ordinances under article 123. National emergency A national emergency can be declared in the whole of India or a part of its territory for causes of war or armed rebellion or an external aggression Under Article 352 of the India Constitution, the President can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament with two thirds majority within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval-there is no maximum duration

State emergency if the President is fully satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he can proclaim under Article 356 a state of emergency in the state. Such an emergency must be approved by the Parliamentwithin a period of 2 months . Under Article 356 of the Indian Constitution, it can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency

needs to be extended for more than three years, this can be achieved by a constitutional amendment. Financial emergency Under article 360 of the constitution, President can proclaim a financial emergency when the financial stability or credit of the nation or of any part of its territory is threatened.[7]However, until now no guidelines defining the situation of financial emergency in the entire country or a state or a union territory or a panchayat or a municipality or a corporation have been framed either by the finance commission or by the central government

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FUNCTIONS AND POWERS OF THE UNION PARLIAMENT

LEGISLATIVE POWERS UNION AND CONCURRENT SUBJECTS The parliament can make laws on 97 subjects contained in union listand 47 subjects contained in the concurrent list.on a subject of concurrent list both parliament and state legislature can make law but the law made by parliament supersedes the law made by state legislature. RESIDUARY POWERS The parliament has residuary powers also it can make laws on the subjects which is not mentioned in any one of the three lists i.e. the union list , state list and the concurrent list. ORDINANCE During the recess of the parliament the president may issue an ordinance but it must be approved by the houses of the parliament when they reassemble .The ordinance ceases to operate six weeks after the re assembly of the parliament .Both the houses of the parliament have to approve the ordinance between that period .If it is not approved the ordinance expires.

FINANCIAL POWERS THE BUDGET It has power to pass the annual budget of the union government for the financial year. It contains estimates of receipts income and expenditure . MONEY BILL A Money Bill cannot be introduced in Rajya Sabha. Once passed by Lok Sabha, it is sent to Rajya sabha along with the Speaker’s certificate that it is a Money Bill for its recommendations. However, Rajya Sabha can neither reject nor amend the Bill, and must return it within 14 days, after which Lok Sabha may choose to accept or reject all or any of its recommendations. In either case, the Bill is deemed to have been passed by both Houses. Under Article 109(5), if Rajya Sabha fails to return the Bill to Lok Sabha within 14 days, it is deemed to have been passed anyway. CONTROL OVER THE EXECUTIVE The prime minister and the council of ministers are collectively responsible to the loksabha .They remain in loksabha as long as they continue to enjoy the the confidence of loksabha by simple majority 4

Indian polity by M Laxmikanth

CENSURE MOTION AND NO-CONFIDENCE MOTION Censure motion expressing disapproval of the policies of the government may be moved against the council of ministers or an individual minister in lok sabha .Adoption of censure motion in loksabha would result in resignation of the council of ministers . A no-confidence motion against the council of ministers may be moved in loksabha by a leader of the opposition supported by at least 50 members .It is taken up for discussion for ten days if it is passed government has to resign JUDICIAL FUNCTIONS The parliament exercises the power to impeach the president or to remove a judge of supreme court or high court according to the procedure laid down for the purpose. QUESTION HOUR Question Hour is the first hour of a sitting session of India's Lok Sabha devoted to questions that Members of Parliament raise about any aspect of administrative activity. The concerned Minister is obliged to answer to the Parliament, either orally or in writing, depending on the type of question raised. TYPES OF QUESTIONS STARRED QUESTIONS A Starred Question is one to which a member desires an oral answer in the House and which is distinguished by an asterisk mark. When a question is answered orally, supplementary questions can be asked thereon .

UNSTARRED QUESTIONS A unstarred question is one which is not called for oral answer in the house and on which no supplementary question can be consequently asked .To such a question a written answer is deemed to be laid on the table after the question hour by the minister to whom it is addressed . SHORT NOTICE QUESTION A short notice question is one which relates to problem of urgent public importance and can be asked with shorter notice than the period notice prescribed for an ordinary question . Like a starred question it is answered orally followed by supplementary questions .it is for minister to accept or reject a short notice question. THE QUESTION TO A PRIVATE MEMBER

The question to a private member is addressed to the member himself and it is asked when subject matter of it pertains to any bill,resolution or any matter relating to the business of the house for which that member is responsible. ZERO HOUR ZERO HOUR denotes the time immediately following the Question Hour in both Houses of Parliament. This is about 12 noon which is why it is called Zero Hour. During this hour members can raise matters of great importance without prior 10 days notice. However, the duration of the Zero Hour has varied over the years. It is not possible to predict what kind of matters might be raised during Zero Hour as there is no mention of any Zero Hour in the rules of the Parliament. It began as an informal practice in 1962. The idea behind zero hour is that there are certain matters of urgent public importance which can not wait for 10 days notice

PROCESS OF LEGISLATON Legislative proposals are brought before the house in form of a bill . A bill is the draft of the legislative proposal .it has to pass through various stages before it becomes a act of parliament.

FIRST READING Legislative process starts with the introduction of the bill in either house of parliament . A bill can be introduced either by a minister or a private member if the bill is introduced by minister it is known as government bill and in latter case it is known as private member bill.It is necessary for a minister or a member in charge to ask for leave to introduce the bill .if the leave is granted by the house the bill is introduced . this stage is known as the first reading of the bill. SECOND READING The second reading consists of a consideration of the bill which is in three stages STAGE OF GENERAL DISCUSSION The first stage consists of a general discussion of the bill as a whole when the principle underlying the bill is discussed . At this stage it is open to the house to refer the bill to a selct committee of the two houses or to circulate it for the purpose of eliciting opinion thereon or to straight away take it into consideration. COMMITTEE STAGE If the bill reffered to a joint committee the committee considers the bill clause by clause just as the house does .Amendments can be moved to the various clauses by the member of committee .The committee can also take evidence of association public bodies or experts who are interested in the measure after the bill has been examined in detail by the committee it drafts a report . CONSIDERATION STAGE It consists of clause by clause consideration of as introduced or as reported by the joint committee all the clause are put to vote and diposed of. Discussion takes place on each cluse of the bill and amendments to clause can be moved at this stage . After the clause ,the schedules if any,the enacting formula and long title of the bill adopted by the house, the second reading is deemed to be over. THIRD READING Thereafter the member in charge can move that the bill be passed .this stage is known as third reding of the bill .At this stage the debate is confined to the arguments either in support or rejection

of the bill without reffering to the details there or further than that are absolutely necessary . Only formal verbal or consequential amendments are allowed to be moved at this stage . In passing an ordinary bill a simple majority of members present and voting is necessary but in case of a bill to amend the constitution a majority of total membership of the house and a majority not less than two-thirds of the members present and voting is required in each house of the parliament. BILL IN THE OTHER HOUSE After the bill is passed by one house it is send to the other house for approval and there also it goes through the stages described above except the introduction stage . JOINT SITTING If there is a deadlock between the two houses the president calls a joint sitting of the two houses . The bill is placed before the joint sitting and the issue is decided by the majority vote . yhe speaker of the lok sabha presides over such joint sittings . it must be noted that as the total no. of members of the lok sabha is almost double hat of the rajya sabha in the joint sitting the will of the loksabha prevails . PRESIDENT’S ASSENT After a bill has been passed by both the houses of the parliament .It is presented to the president for his assent . if the president gives his assent it becomes an act .if he withholds his assent there is an end of the bill . if the president does not give his assent the bill goes back to the houses of the parliament asking them to reconsider . if the bill is sent back to the president with or without any change a second time he must give his assent to it .After getting th president’s assent it becomes a law or an act.

MONEY BILL-ARTICLE 110 Article 110 of the constitution deals with the definition of money bills . it states that bill is deemed to be money bill only if it contains any of the following matters:    

The imposition , abolition ,remission , alteration , regulation of any tax The regulation of borrowing of money by the union government The appropriation of money out of the consolidate fund of india Declaration of any expenditure charged on consolidate fund of india or increasing the amount of any such expenditure .

However a bill is not deemed to be a money bill by reason only that it provides for  

The imposition of fines or other pecuniary penalties The imposition , abolition ,remission ,alteration or regulation of any tax by any local authority or body for local purposes.

If any question arises whether a bill is a money bill or not the decision of the speaker of the loksabha is final. A money bill can be only introduced in lok sabha and that to on the recommendation of the president every such bill is considered to be a government bill and can be introduced only by a minister . after the bill is passed by lok sabha it is transferred to rajya sabh for its consideration . Rajya sabha cannot reject or amend a money bill . it can only make recommendations . it must return the bill to lok sabha within 14 days whether with or without recommendations . if the rajya sabha does not return the bill witin 14 days it is demmed to have been passed by both the houses of the parliament . lok sabha is also not under any obligations to accept the recommendations given by rajya sabha .Finally when the bill is presented before the president he may either give his assent or withhold his assent to the bill but cannot return the bill for reconsideration of the houses.

CONCLUSION The role and functions of Parliament assume great significance in view of the basic principles and assumptions associated with parliamentary democracy. A parliamentary form of government acknowledges the fact that in this system, Parliament derives its power directly from the consent of the people expressed through periodic elections and that it exists to implement the will of the people. The parliamentary system also ensures the best possible participatory democratic system and active interaction between the people and their representatives. In this system, the Executive not only emanates from Parliament but is also accountable to Parliament for all its acts of omission and commission. This accountability of the Executive to Parliament is based on the principle that since Parliament represents the will of the people, it should be able to oversee and keep the Executive under control and constant surveillance.

BIBLIOGRAPHY     

www.prsindia.org loksabha.nic.in legislativebodiesinindia.nic.in www.thehindu.com Indian polity by M Laxmikanth