More from SAGAR TIWARY

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Parliament, The Parliament is the legislative organ of the Union, Government. The parliamentary form of government, also known as, ‘Westminster’ model of government., Articles 79 to 122 in Part V of the Constitution deal with the, organisation, composition, duration, officers, procedures,, privileges, powers and so on of the Parliament., , ORGANISATION OF PARLIAMENT, Under the Constitution, the Parliament of India consists of three, parts viz, the President, the Council of States and the House of, the People., Under the Constitution, the Parliament of India consists of three, parts viz, the President, the Council of States and the House of, the People. In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok, Sabha’ were adopted by the Council of States and the House of, People respectively. The Rajya Sabha is the Upper House, (Second Chamber or House of Elders) and the Lok Sabha is the, Lower House (First Chamber or Popular House)., , The President of India is not a member of either House, of Parliament and does not sit in the Parliament to attend its

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meetings, he is an integral part of the Parliament. he summons and, pro-rogues both the Houses, dissolves the Lok Sabha, addresses both, the Houses, issues ordinances when they are not in session, and so, on., COMPOSITION OF THE TWO HOUSES, Composition of Rajya Sabha, The maximum strength of the Rajya Sabha is fixed at 250, out of, which, 238 are to be the representatives of the states and union, territories (elected indirectly) and 12 are nominated by the, president., At present, the Rajya Sabha has 245 members. Of these, 229, members represent the states, 4 members represent the union, territories and 12 members are nominated by the president., The Fourth Schedule of the Constitution deals with the, allocation of seats in the Rajya Sabha to the states and union, territories., 1. Representation of States, The representatives of states in the Rajya Sabha are elected by, the elected members of state legislative assemblies. The, election is held in accordance with the system of proportional, representation by means of the single transferable vote. The, seats are allotted to the states in the Rajya Sabha on the basis, of population. Hence, the number of representatives varies, from state to state. For example, Uttar Pradesh has 31, members while Tripura has 1 member only. However, in USA,, all states are given equal representation in the Senate, irrespective of their population. USA has 50 states and the, Senate has 100 members–2 from each state.

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2. Representation of Union Territories, The representatives of each union territory in the Rajya Sabha are, indirectly elected by members of an electoral college specially, constituted for the purpose. This election is also held in, accordance with the system of proportional representation by, means of the single transferable vote. Out of the nine union, territories, only three (Delhi, Puducherry and Jammu & Kashmir), have representation in Rajya Sabha. The populations of other six, union territories are too small to have any representative in the, Rajya Sabha., 3. Nominated Members, The president nominates 12 members to the Rajya Sabha from, people who have special knowledge or practical experience in art,, literature, science and social service. The rationale behind this, principle of nomination is to provide eminent persons a place in, the Rajya Sabha without going through the process of election. It, should be noted here that the American Senate has no nominated, members., Composition of Lok Sabha, The maximum strength of the Lok Sabha is fixed at 552. Out of, this, 530 members are to be the representatives of the states, 20, members are to be the representatives of the union territories and

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2 members are to be nominated by the president from the, AngloIndian community, ., At present, the Lok Sabha has 545 members. Of these, 530, members represent the states, 13 members represent the union, territories and 2 Anglo-Indian members are nominated by the, President., , 1. Representation of States, The representatives of states in the Lok Sabha are directly elected, by the people from the territorial constituencies in the states. The, election is based on the principle of universal adult franchise., Every Indian citizen who is above 18 years of age and who is not, disqualified under the provisions of the Constitution or any law is, eligible to vote at such election. The voting age was reduced from, 21 to 18 years by the 61st Constitutional Amendment Act, 1988., 2. Representation of Union Territories, The Constitution has empowered the Parliament to prescribe the, manner of choosing the representatives of the union territories in, the Lok Sabha. Accordingly, the Parliament has enacted the, Union Territories (Direct Election to the House of the People) Act,, 1965, by which the members of Lok Sabha from the union, territories are also chosen by direct election.

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3. Nominated Members, The president can nominate two members from the Anglo-Indian, community if the community is not adequately represented in the, Lok Sabha. Originally, this provision was to operate till 1960 but, has been extended till 2020 by the 95th Amendment Act, 2009., , SYSTEM OF ELECTIONS TO LOK SABHA, The various aspects related to the system of elections to the Lok, Sabha are as follows:, Territorial Constituencies, For the purpose of holding direct elections to the Lok Sabha, each, state is divided into territorial constituencies. In this respect, the, Constitution makes the following two provisions:, 1. Each state is allotted a number of seats in the Lok Sabha in, such a manner that the ratio between that number and its, population is the same for all states. This provision does not, apply to a state having a population of less than six millions., 2. Each state is divided into territorial constituencies in such a, manner that the ratio between the population of each, constituency and the number of seats allotted to it is the, same throughout the state., In brief, the Constitution ensures that there is uniformity of, representation in two respects: (a) between the different states,, and b) between the different constituencies in the same state.

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The expression ‘population’ means the population as, ascertained at the preceding census of which the relevant figures, have been published., Readjustment after each Census, After every census, a readjustment is to be made in (a) allocation, of seats in the Lok Sabha to the states, and (b) division of each, state into territorial constituencies. Parliament is empowered to, determine the authority and the manner in which it is to be made., Accordingly, the Parliament has enacted the Delimitation, Commission Acts in 1952, 1962, 1972 and 2002 for this purpose., The 42nd Amendment Act of 1976 froze the allocation of seats, in the Lok Sabha to the states and the division of each state into, territorial constituencies till the year 2000 at the 1971 level. This, ban on readjustment was extended for another 25 years (ie, upto, year 2026) by the 84th Amendment Act of 2001, with the same, objective of encouraging population limiting measures., The 84th Amendment Act of 2001 also empowered the, government to undertake readjustment and rationalisation of, territorial constituencies in the states on the basis of the, population figures of 1991 census. Later, the 87th Amendment Act, of 2003 provided for the delimitation of constituencies on the basis, of 2001 census and not 1991 census. However, this can be done, without altering the number of seats allotted to each state in the, Lok Sabha.

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Reservation of Seats for SCs and STs, Though the Constitution has abandoned the system of communal, representation, it provides for the reservation of seats for, scheduled castes and scheduled tribes in the Lok Sabha on the, basis of population ratios5, ., Originally, this reservation was to operate for ten years (ie, up, to 1960), but it has been extended continuously since then by 10, years each time. Now, under the 95th Amendment Act of 2009,, this reservation is to last until 2020., Though seats are reserved for scheduled castes and scheduled, tribes, they are elected by all the voters in a constituency, without, any separate electorate. A member of scheduled castes and, scheduled tribes is also not debarred from contesting a general, (non-reserved) seat., The 84th Amendment Act of 2001 provided for refixing of the, reserved seats on the basis of the population figures of 1991, census as applied to rationalisation of the general seats. Later, the, 87th Amendment Act of 2003 provided for the refixing of the, reserved seats on the basis of 2001 census and not 1991 census., First-Past-The-Post System, Though the Constitution has adopted the system of proportional, representation in the case of Rajya Sabha, it has not preferred the, same system in the case of Lok Sabha. Instead, it has adopted

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the system of territorial representation (First-past-the-post system), for the election of members to the Lok Sabha., Under territorial representation, every member of the legislature, represents a geographical area known as a constituency. From, each constituency, only one representative is elected. Hence such, a constituency is known as single-member constituency. In this, system, a candidate who secures majority of votes is declared, elected. This simple majority system of representation does not, represent the whole electorate. In other words, it does not secure, due representation to minorities (small groups)., The system of proportional representation aims at removing the, defects of territorial representation. Under this system, all sections, of the people get representation in proportion to their number., Even the smallest section of the population gets its due share of, representation in the legislature., There are two kinds of proportional representation, namely,, single transferable vote system and list system. In India, the first, kind is adopted for the election of members to the Rajya Sabha, and state legislative council and for electing the President and the, Vice-President., Though some members of the Constituent Assembly had, advocated the system of proportional representation for the, election of members to the Lok Sabha, the Constitution has not, adopted the system due to two reasons.

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1. Difficulty for the voters to understand the system (which is, complicated) due to low literacy scale in the country., 2. Unsuitability to the parliamentary government due to the, tendency of the system to multiply political parties leading to, instability in government., Additionally, the system of proportional representation has the, following demerits:, 1. It is highly expensive., 2. It does not give any scope for organising by-elections., 3. It eliminates intimate contacts between voters and, representatives., 4. It promotes minority thinking and group interests., 5. It increases the significance of party system and decreases, that of voter., , DURATION OF TWO HOUSES, Duration of Rajya Sabha, The Rajya Sabha (first constituted in 1952) is a continuing, chamber, that is, it is a permanent body and not subject to, dissolution. However, one-third of its members retire every second, year. Their seats are filled up by fresh elections and presidential, nominations at the beginning of every third year. The retiring, members are eligible for re-election and renomination any number, of times.

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The Constitution has not fixed the term of office of members of, the Rajya Sabha and left it to the Parliament. Accordingly, the, Parliament in the Representation of the People Act (1951), provided that the term of office of a member of the Rajya Sabha, shall be six years. The act also empowered the president of India, to curtail the term of members chosen in the first Rajya Sabha. In, the first batch, it was decided by lottery as to who should retire., Further, the act also authorised the President to make provisions, to govern the order of retirement of the members of the Rajya, Sabha6, ., Duration of Lok Sabha, Unlike the Rajya Sabha, the Lok Sabha is not a continuing, chamber. Its normal term is five years from the date of its first, meeting after the general elections, after which it automatically, dissolves. However, the President is authorised to dissolve the, Lok Sabha at any time even before the completion of five years, and this cannot be challenged in a court of law., Further, the term of the Lok Sabha can be extended during the, period of national emergency be a law of Parliament for one year, at a time7, for any length of time. However, this extension cannot, continue beyond a period of six months after the emergency has, ceased to operate.

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MEMBERSHIP OF PARLIAMENT, Qualifications, The Constitution lays down the following qualifications for a, person to be chosen a member of the Parliament:, 1. He must be a citizen of India., 2. He must make and subscribe to an oath or affirmation, before the person authorised by the election commission for, this purpose. In his oath or affirmation, he swears, (a) To bear true faith and allegiance to the Constitution of, India, (b) To uphold the sovereignty and integrity of India, 3. He must be not less than 30 years of age in the case of the, Rajya Sabha and not less than 25 years of age in the case, of the Lok Sabha., 4. He must posses other qualifications prescribed by, Parliament., The Parliament has laid down the following additional, qualifications in the Representation of People Act (1951)., 1. He must be registered as an elector for a parliamentary, constituency. This is same in the case of both, the Rajya, Sabha and the Lok Sabha. The requirement that a candidate, contesting an election to the Rajya Sabha from a particular, state should be an elector in that particular state was, dispensed with in 2003. In 2006, the Supreme Court upheld

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the constitutional validity of this change., 2. He must be a member of a scheduled caste or scheduled, tribe in any state or union territory, if he wants to contest a, seat reserved for them. However, a member of scheduled, castes or scheduled tribes can also contest a seat not, reserved for them., Disqualifications, Under the Constitution, a person shall be disqualified for being, elected as a member of Parliament:, 1. if he holds any office of profit under the Union or state, government (except that of a minister or any other office, exempted by Parliament).8, 2. if he is of unsound mind and stands so declared by a court., 3. if he is an undischarged insolvent., 4. if he is not a citizen of India or has voluntarily acquired the, citizenship of a foreign state or is under any, acknowledgement of allegiance to a foreign state; and, 5. if he is so disqualified under any law made by Parliament., The Parliament has laid down the following additional, disqualifications in the Representation of People Act (1951):, 1. He must not have been found guilty of certain election, offences or corrupt practices in the elections., 2. He must not have been convicted for any offence resulting in, imprisonment for two or more years. But, the detention of a

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person under a preventive detention law is not a, disqualification., 3. He must not have failed to lodge an account of his election, expenses within the time., 4. He must not have any interest in government contracts,, works or services., 5. He must not be a director or managing agent nor hold an, office of profit in a corporation in which the government has, at least 25 per cent share., 6. He must not have been dismissed from government service, for corruption or disloyalty to the State., 7. He must not have been convicted for promoting enmity, between different groups or for the offence of bribery., 8. He must not have been punished for preaching and, practising social crimes such as untouchability, dowry and, sati., On the question whether a member is subject to any of the, above disqualifications, the president’s decision is final. However,, he should obtain the opinion of the election commission and act, accordingly., Disqualification on Ground of Defection, The Constitution also lays down that a person shall be disqualified, from being a member of Parliament if he is so disqualified on the, ground of defection under the provisions of the Tenth Schedule. A

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member incurs disqualification under the defection law:, 1. if he voluntary gives up the membership of the political party, on whose ticket he is elected to the House;, 2. if he votes or abstains from voting in the House contrary to, any direction given by his political party;, 3. if any independently elected member joins any political, party; and, 4. if any nominated member joins any political party after the, expiry of six months., The question of disqualification under the Tenth Schedule is, decided by the Chairman in the case of Rajya Sabha and Speaker, in the case of Lok Sabha (and not by the president of India). In, 1992, the Supreme Court ruled that the decision of the Chairman/, Speaker in this regard is subject to judicial review., Vacating of Seats, In the following cases, a member of Parliament vacates his seat., 1. Double Membership, A person cannot be a member of both Houses of Parliament at, the same time. Thus, the Representation of People Act (1951), provides for the following:, (a) If a person is elected to both the Houses of Parliament, he, must intimate within 10 days in which House he desires to, serve. In default of such intimation, his seat in the Rajya, Sabha becomes vacant.

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(b) If a sitting member of one House is also elected to the other, House, his seat in the first House becomes vacant., (c) If a person is elected to two seats in a House, he should, exercise his option for one. Otherwise, both seats become, vacant., Similarly, a person cannot be a member of both the Parliament, and the state legislature at the same time. If a person is so, elected, his seat in Parliament becomes vacant if he does not, resign his seat in the state legislature within 14 days9, ., 2. Disqualification, If a member of Parliament becomes subject to any of the, disqualifications specified in the Constitution, his seat becomes, vacant. Here, the list of disqualifications also include the, disqualification on the grounds of defection under the provisions of, the Tenth Schedule of the Constitution., 3. Resignation, A member may resign his seat by writing to the Chairman of Rajya, Sabha or Speaker of Lok Sabha, as the case may be. The seat, falls vacant when the resignation is accepted. However, the, Chairman/ Speaker may not accept the resignation if he is, satisfied that it is not voluntary or genuine., 4. Absence, A House can declare the seat of a member vacant if he is absent

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from all its meetings for a period of sixty days without its, permission. In computing the period of sixty days, no account, shall be taken of any period during which the House is prorogued, or adjourned for more than four consecutive days., 5. Other cases, A member has to vacate his seat in the Parliament:, (a) if his election is declared void by the court;, (b) if he is expelled by the House;, (c) if he is elected to the office of President or Vice-President;, and, (d) if he is appointed to the office of governor of a state., If a disqualified person is elected to the Parliament, the, Constitution lays down no procedure to declare the election void., This matter is dealt by the Representation of the People Act, (1951), which enables the high court to declare an election void if, a disqualified candidate is elected. The aggrieved party can, appeal to the Supreme Court against the order of the high court in, this regard., Oath or Affirmation, Every member of either House of Parliament, before taking his, seat in the House, has to make and subscribe to an oath or, affirmation before the President or some person appointed by him, for this purpose. In his oath or affirmation, a member of Parliament, swears:

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1. to bear true faith and allegiance to the Constitution of India;, 2. to uphold the sovereignty and integrity of India; and, 3. to faithfully discharge the duty upon which he is about to, enter., Unless a member takes the oath, he cannot vote and, participate in the proceedings of the House and does not become, eligible to parliamentary privileges and immunities., A person is liable to a penalty of ₹500 for each day he sits or, votes as a member in a House in the following conditions:, 1. Before taking and subscribing to the prescribed oath or, affirmation; or, 2. When he knows that he is not qualified or that he is, disqualified for its membership; or, 3. When he knows that he is prohibited from sitting or voting in, the House by virtue of any parliamentary law., Salaries and Allowances, Members of either House of Parliament are entitled to receive, such salaries and allowances as may be determined by, Parliament, and there is no provision of pension in the, Constitution. However, Parliament has provided pension to the, members., In 1954, the Parliament enacted the Salaries, Allowances and, Pension of Members of Parliament Act. In 2018, the salary of, members was increased from ₹50,000 to ₹1,00,000 per month,

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the constituency allowance from ₹45,000 to ₹70,000 per month, and the office expenses allowance from ₹45,000 to ₹60,000 per, month. Earlier in 2010, the daily allowance was increased from, ₹1,000 to ₹2,000 for each day of residence on duty., From 1976, the members are also entitled to a pension on a, graduated scale for each five-year-term as members of either, House of Parliament. Besides, they are provided with travelling, facilities, free accommodation, telephone, vehicle advance,, medical facilities and so on., The salaries and allowances of the Speaker and Deputy, Speaker of Lok Sabha and the Chairman and Deputy Chairman of, Rajya Sabha are also determined by Parliament. They are, charged on the Consolidated Fund of India and thus are not, subject to the annual vote of Parliament., In 1953, the Parliament enacted the Salaries and Allowances of, Officers of Parliament Act. Under this Act, “Officer of Parliament”, means any of the following officers, namely, the Chairman and, Deputy Chairman of the Rajya Sabha and the Speaker and the, Deputy Speaker of the Lok Sabha. In 2018, the Parliament, increased the salary of the Chairman of the Rajya Sabha from, ₹1.25 lakh to ₹4 lakh per month9a, . Similarly, other Officers of, Parliament (i.e., the Speaker and the Deputy Speaker of the Lok, Sabha and the Deputy Chairman of the Rajya Sabha) are entitled

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to receive a salary per month at the same rates as are payable to, the Members of Parliament.9b Further, each Officer of Parliament, (other than the Chairman of the Rajya Sabha) is entitled to receive, a daily allowance (for each day during the whole of his term) at, the same rate as is payable to the Members of Parliament., 9c Also,, each Officer of Parliament (other than the Chairman of the Rajya, Sabha) is entitled to receive a constituency allowance at the same, rate as is payable to the Members of Parliament.9d, According to the same Act, the sumptuary allowance is paid to, the Speaker of the Lok Sabha at the same rate as is payable to a, Cabinet Minister9e (i.e., ₹2,000 per month). Likewise, the, sumptuary allowance is paid to the Deputy Speaker of the Lok, Sabha and the Deputy Chairman of the Rajya Sabha at the same, rate as is payable to a Minister of State9f (i.e., ₹1000 per month)., PRESIDING OFFICERS OF PARLIAMENT, Each House of Parliament has its own presiding officer. There is a, Speaker and a Deputy Speaker for the Lok Sabha and a, Chairman and a Deputy Chairman for the Rajya Sabha. A panel of, chairpersons for the Lok Sabha and a panel of vice-chairpersons, for the Rajya Sabha is also appointed., Speaker of Lok Sabha, Election and Tenure, The Speaker is elected by the Lok Sabha from amongst its

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members (as soon as may be, after its first sitting). Whenever the, office of the Speaker falls vacant, the Lok Sabha elects another, member to fill the vacancy. The date of election of the Speaker is, fixed by the President., Usually, the Speaker remains in office during the life of the Lok, Sabha. However, he has to vacate his office earlier in any of the, following three cases:, 1. if he ceases to be a member of the Lok Sabha;, 2. if he resigns by writing to the Deputy Speaker; and, 3. if he is removed by a resolution passed by a majority of all, then members of the Lok Sabha. Such a resolution can be, moved only after giving 14 days’ advance notice., When a resolution for the removal of the Speaker is under, consideration of the House, he cannot preside at the sitting of the, House, though he may be present. However, he can speak and, take part in the proceedings of the House at such a time and vote, in the first instance, though not in the case of an equality of votes., It should be noted here that, whenever the Lok Sabha is, dissolved, the Speaker does not vacate his office and continues, till the newly-elected Lok Sabha meets., Role, Powers and Functions, The Speaker is the head of the Lok Sabha, and its representative., He is the guardian of powers and privileges of the members, the, House as a whole and its committees. He is the principal

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spokesman of the House, and his decision in all Parliamentary, matters is final. He is thus much more than merely the presiding, officer of the Lok Sabha. In these capacities, he is vested with, vast, varied and vital responsibilities and enjoys great honour,, high dignity and supreme authority within the House., The Speaker of the Lok Sabha derives his powers and duties, from three sources, that is, the Constitution of India, the Rules of, Procedure and Conduct of Business of Lok Sabha, and, Parliamentary Conventions (residuary powers that are unwritten, or unspecified in the Rules). Altogether, he has the following, powers and duties:, 1. He maintains order and decorum in the House for, conducting its business and regulating its proceedings. This, is his primary responsibility and he has final power in this, regard., 2. He is the final interpreter of the provisions of (a) the, Constitution of India, (b) the Rules of Procedure and, Conduct of Business of Lok Sabha, and (c) the, parliamentary precedents, within the House., 3. He adjourns the House or suspends the meeting in absence, of a quorum. The quorum to constitute a meeting of the, House is one-tenth of the total strength of the House., 4. He does not vote in the first instance. But he can exercise a, casting vote in the case of a tie. In other words, only when

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the House is divided equally on any question, the Speaker is, entitled to vote. Such vote is called casting vote, and its, purpose is to resolve a deadlock., 5. He presides over a joint setting of the two Houses of, Parliament. Such a sitting is summoned by the President to, settle a deadlock between the two Houses on a bill., 6. He can allow a ‘secret’ sitting of the House at the request of, the Leader of the House. When the House sits in secret, no, stranger can be present in the chamber, lobby or galleries, except with the permission of the Speaker., 7. He decides whether a bill is a money bill or not and his, decision on this question is final. When a money bill is, transmitted to the Rajya Sabha for recommendation and, presented to the President for assent, the Speaker endorses, on the bill his certificate that it is a money bill., 8. He decides the questions of disqualification of a member of, the Lok Sabha, arising on the ground of defection under the, provisions of the Tenth Schedule. In 1992, the Supreme, Court ruled that the decision of the Speaker in this regard is, subject to judicial review10, ., 9. He acts as the ex-officio chairman of the Indian, Parliamentary Group which is a link between the Parliament, of India and the various parliaments of the world. He also

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acts as the ex-officio chairman of the conference of, presiding officers of legislative bodies in the country., 10. He appoints the chairman of all the parliamentary, committees of the Lok Sabha and supervises their, functioning. He himself is the chairman of the Business, Advisory Committee, the Rules Committee and the General, Purpose Committee., Independence and Impartiality, As the office of the Speaker is vested with great prestige, position, and authority, independence and impartiality becomes its sine qua, non11, ., The following provisions ensure the independence and, impartiality of the office of the Speaker:, 1. He is provided with a security of tenure. He can be removed, only by a resolution passed by the Lok Sabha by a special, majority (ie, a majority of all the then members of the House), and not by an ordinary majority (ie, a majority of the, members present and voting in the House). This motion of, removal can be considered and discussed only when it has, the support of at least 50 members., 2. His salaries and allowances are fixed by Parliament. They, are charged on the Consolidated Fund of India and thus are, not subject to the annual vote of Parliament.

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3. His work and conduct cannot be discussed and criticised in, the Lok Sabha except on a substantive motion., 4. His powers of regulating procedure or conducting business, or maintaining order in the House are not subject to the, jurisdiction of any Court., 5. He cannot vote in the first instance. He can only exercise a, casting vote in the event of a tie. This makes the position of, Speaker impartial., 6. He is given a very high position in the order of precedence., He is placed at seventh rank, along with the Chief Justice of, India. This means, he has a higher rank than all cabinet, ministers, except the Prime Minister or Deputy Prime, Minister., In Britain, the Speaker is strictly a nonparty man. There is a, convention that the Speaker has to resign from his party and, remain politically neutral. This healthy convention is not fully, established in India where the Speaker does not resign from the, membership of his party on his election to the exalted office., Deputy Speaker of Lok Sabha, Like the Speaker, the Deputy Speaker is also elected by the Lok, Sabha itself from amongst its members. He is elected after the, election of the Speaker has taken place. The date of election of, the Deputy Speaker is fixed by the Speaker. Whenever the office, of the Deputy Speaker falls vacant, the Lok Sabha elects another

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member to fill the vacancy., Like the Speaker, the Deputy Speaker remains in office usually, during the life of the Lok Sabha. However, he may vacate his, office earlier in any of the following three cases:, 1. if he ceases to be a member of the Lok Sabha;, 2. if he resigns by writing to the Speaker; and, 3. if he is removed by a resolution passed by a majority of all, the then members of the Lok Sabha. Such a resolution can, be moved only after giving 14 days’ advance notice., The Deputy Speaker performs the duties of the Speaker’s office, when it is vacant. He also acts as the Speaker when the latter is, absent from the sitting of the House. In both the cases, he, assumes all the powers of the Speaker. He also presides over the, joint sitting of both the Houses of Parliament, in case the Speaker, is absent from such a sitting., It should be noted here that the Deputy Speaker is not, subordinate to the Speaker. He is directly responsible to the, House., The Deputy Speaker has one special privilege, that is,, whenever he is appointed as a member of a parliamentary, committee, he automatically becomes its chairman., Like the Speaker, the Deputy Speaker, while presiding over the, House, cannot vote in the first instance; he can only exercise a, casting vote in the case of a tie. Further, when a resolution for the

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removal of the Deputy Speaker is under consideration of the, House, he cannot preside at the sitting of the House, though he, may be present., When the Speaker presides over the House, the Deputy, Speaker is like any other ordinary member of the House. He can, speak in the House, participate in its proceedings and vote on any, question before the House., The Deputy Speaker is entitled to a regular salary and, allowance fixed by Parliament, and charged on the Consolidated, Fund of India., Upto the 10th Lok Sabha, both the Speaker and the Deputy, Speaker were usually from the ruling party. Since the 11th Lok, Sabha, there has been a consensus that the Speaker comes from, the ruling party (or ruling alliance) and the post of Deputy Speaker, goes to the main opposition party., The Speaker and the Deputy Speaker, while assuming their, offices, do not make and subscribe any separate oath or, affirmation., The institutions of Speaker and Deputy Speaker originated in, India in 1921 under the provisions of the Government of India Act, of 1919 (Montague-Chelmsford Reforms). At that time, the, Speaker and the Deputy Speaker were called the President and, Deputy President respectively and the same nomenclature, continued till 1947. Before 1921, the Governor-General of India

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used to preside over the meetings of the Central Legislative, Council. In 1921, the Frederick Whyte and Sachidanand Sinha, were appointed by the Governor-General of India as the first, Speaker and the first Deputy Speaker (respectively) of the central, legislative assembly. In 1925, Vithalbhai J. Patel became the first, Indian and the first elected Speaker of the central legislative, assembly. The Government of India Act of 1935 changed the, nomenclatures of President and Deputy President of the Central, Legislative Assembly to the Speaker and Deputy Speaker, respectively. However, the old nomenclature continued till 1947 as, the federal part of the 1935 Act was not implemented. G.V., Mavalankar and Ananthasayanam Ayyangar had the distinction of, being the first Speaker and the first Deputy Speaker (respectively), of the Lok Sabha. G.V. Mavalankar also held the post of Speaker, in the Constituent Assembly (Legislative) as well as the, provisional Parliament. He held the post of Speaker of Lok Sabha, continuously for one decade from 1946 to 1956., Panel of Chairpersons of Lok Sabha, Under the Rules of Lok Sabha, the Speaker nominates from, amongst the members a panel of not more than ten chairpersons., Any of them can preside over the House in the absence of the, Speaker or the Deputy Speaker. He has the same powers as the, Speaker when so presiding. He holds office until a new panel of, chairpersons is nominated. When a member of the panel of

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chairpersons is also not present, any other person as determined, by House acts as the Speaker., It must be emphasised here that a member of the panel of, chairpersons cannot preside over the House, when the office of, the Speaker or the Deputy Speaker is vacant. During such time,, the Speaker’s duties are to be performed by such member of the, House as the President may appoint for the purpose. The, elections are held, as soon as possible, to fill the vacant posts., Speaker Pro Tem, As provided by the Constitution, the Speaker of the last Lok, Sabha vacates his office immediately before the first meeting of, the newly-elected Lok Sabha. Therefore, the President appoints a, member of the Lok Sabha as the Speaker Pro Tem. Usually, the, seniormost member is selected for this. The President himself, administers oath to the Speaker Pro Tem., The Speaker Pro Tem has all the powers of the Speaker. He, presides over the first sitting of the newly-elected Lok Sabha. His, main duty is to administer oath to the new members. He also, enables the House to elect the new Speaker., When the new Speaker is elected by the House, the office of, the Speaker Pro Tem ceases to exist. Hence, this office is a, temporary office, existing for a few days12, ., Chairman of Rajya Sabha

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The presiding officer of the Rajya Sabha is known as the, Chairman. The vice-president of India is the ex-officio Chairman of, the Rajya Sabha. During any period when the VicePresident acts, as President or discharges the functions of the President, he does, not perform the duties of the office of the Chairman of Rajya, Sabha., The Chairman of the Rajya Sabha can be removed from his, office only if he is removed from the office of the Vice-President., As a presiding officer, the powers and functions of the Chairman, in the Rajya Sabha are similar to those of the Speaker in the Lok, Sabha. However, the Speaker has two special powers which are, not enjoyed by the Chairman:, 1. The Speaker decides whether a bill is a money bill or not, and his decision on this question is final., 2. The Speaker presides over a joint sitting of two Houses of, Parliament., Unlike the Speaker (who is a member of the House), the, Chairman is not a member of the House. But like the Speaker, the, Chairman also cannot vote in the first instance. He too can cast a, vote in the case of an equality of votes., The Vice-President cannot preside over a sitting of the Rajya, Sabha as its Chairman when a resolution for his removal is under, consideration. However, he can be present and speak in the, House and can take part in its proceedings, without voting, even

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at such a time (while the Speaker can vote in the first instance, when a resolution for his removal is under consideration of the, Lok Sabha)., As in case of the Speaker, the salaries and allowances of the, Chairman are also fixed by the Parliament. They are charged on, the Consolidated Fund of India and thus are not subject to the, annual vote of Parliament., During any period when the Vice-President acts as President or, discharges the functions of the President, he is not entitled to any, salary or allowance payable to the Chairman of the Rajya Sabha., But he is paid the salary and allowance of the President during, such a time., Deputy Chairman of Rajya Sabha, The Deputy Chairman is elected by the Rajya Sabha itself from, amongst its members. Whenever the office of the Deputy, Chairman falls vacant, the Rajya Sabha elects another member to, fill the vacancy., The Deputy Chairman vacates his office in any of the following, three cases:, 1. if he ceases to be a member of the Rajya Sabha;, 2. if he resigns by writing to the Chairman; and, 3. if he is removed by a resolution passed by a majority of all, the then members of the Rajya Sabha. Such a resolution, can be moved only after giving 14 days’ advance notice.

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The Deputy Chairman performs the duties of the Chairman’s, office when it is vacant or when the Vice-President acts as, President or discharges the functions of the President. He also, acts as the Chairman when the latter is absent from the sitting of, the House. In both the cases, he has all the powers of the, Chairman., It should be emphasised here that the Deputy Chairman is not, subordinate to the Chairman. He is directly responsible to the, Rajya Sabha., Like the Chairman, the Deputy Chairman, while presiding over, the House, cannot vote in the first instance; he can only exercise, a casting vote in the case of a tie. Further, when a resolution for, the removal of the Deputy Chairman is under consideration of the, House, he cannot preside over a sitting of the House, though he, may be present., When the Chairman presides over the House, the Deputy, Chairman is like any other ordinary member of the House. He can, speak in the House, participate in its proceedings and vote on any, question before the House., Like the Chairman, the Deputy Chairman is also entitled to a, regular salary and allowance. They are fixed by Parliament and, are charged on the Consolidated Fund of India., Panel of Vice-Chairpersons of Rajya Sabha, Under the Rules of Rajya Sabha, the Chairman nominates from

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amongst the members a panel of vice-chairpersons. Any one of, them can preside over the House in the absence of the Chairman, or the Deputy Chairman. He has the same powers as the, Chairman when so presiding. He holds office until a new panel of, vice-chairpersons is nominated., When a member of the panel of vicechairpersons is also not, present, any other person as determined by the House acts as the, Chairman., It must be emphasised here that a member of the panel of, vicechairpersons cannot preside over the House, when the office of, the Chairman or the Deputy Chairman is vacant. During such, time, the Chairman’s duties are to be performed by such member, of the House as the president may appoint for the purpose. The, elections are held, as soon as possible, to fill the vacant posts., Secretariat of Parliament, Each House of Parliament has separate secretarial staff of its, own, though there can be some posts common to both the, Houses. Their recruitment and service conditions are regulated by, Parliament. The secretariat of each House is headed by a, secretary-general. He is a permanent officer and is appointed by, the presiding officer of the House., LEADERS IN PARLIAMENT, Leader of the House, Under the Rules of Lok Sabha, the ‘Leader of the House’ means

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the prime minister, if he is a member of the Lok Sabha, or a, minister who is a member of the Lok Sabha and is nominated by, the prime minister to function as the Leader of the House. There is, also a ‘Leader of the House’ in the Rajya Sabha. He is a minister, and a member of the Rajya Sabha and is nominated by the prime, minister to function as such. The leader of the house in either, House is an important functionary and exercises direct influence, on the conduct of business. He can also nominate a deputy leader, of the House. The same functionary in USA is known as the, ‘majority leader’., Leader of the Opposition, In each House of Parliament, there is the ‘Leader of the, Opposition’. The leader of the largest Opposition party having not, less than one-tenth seats of the total strength of the House is, recognised as the leader of the Opposition in that House. In a, parliamentary system of government, the leader of the opposition, has a significant role to play. His main functions are to provide a, constructive criticism of the policies of the government and to, provide an alternative government. Therefore, the leader of, Opposition in the Lok Sabha and the Rajya Sabha were accorded, statutory recognition in 1977. They are also entitled to the salary,, allowances and other facilities equivalent to that of a cabinet, minister. It was in 1969 that an official leader of the opposition was, recognised for the first time. The same functionary in USA is

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known as the ‘minority leader’., The British political system has an unique institution called the, ‘Shadow Cabinet’. It is formed by the Opposition party to balance, the ruling cabinet and to prepare its members for future ministerial, offices. In this shadow cabinet, almost every member in the ruling, cabinet is ‘shadowed’ by a corresponding member in the, opposition cabinet. This shadow cabinet serves as the ‘alternate, cabinet’ if there is change of government. That is why Ivor, Jennings described the leader of Opposition as the ‘alternative, Prime Minister’. He enjoys the status of a minister and is paid by, the government., Whip, Though the offices of the leader of the House and the leader of, the Opposition are not mentioned in the Constitution of India, they, are mentioned in the Rules of the House and Parliamentary, Statute respectively. The office of ‘whip’, on the other hand, is, mentioned neither in the Constitution of India nor in the Rules of, the House nor in a Parliamentary Statute. It is based on the, conventions of the parliamentary government., Every political party, whether ruling or Opposition has its own, whip in the Parliament. He is appointed by the political party to, serve as an assistant floor leader. He is charged with the, responsibility of ensuring the attendance of his party members in, large numbers and securing their support in favour of or against a

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particular issue. He regulates and monitors their behaviour in the, Parliament. The members are supposed to follow the directives, given by the whip. Otherwise, disciplinary action can be taken., SESSIONS OF PARLIAMENT, Summoning, The president from time to time summons each House of, Parliament to meet. But, the maximum gap between two sessions, of Parliament cannot be more than six months. In other words, the, Parliament should meet at least twice ayear. There are usually, three sessions in a year, viz,, 1. the Budget Session (February to May);, 2. the Monsoon Session (July to September); and, 3. the Winter Session (November to December)., A ‘session’ of Parliament is the period spanning between the, first sitting of a House and its prorogation (or dissolution in the, case of the Lok Sabha). During a session, the House meets, everyday to transact business. The period spanning between the, prorogation of a House and its reassembly in a new session is, called ‘recess’., Adjournment, A session of Parliament consists of many meetings. Each meeting, of a day consists of two sittings, that is, a morning sitting from 11, am to 1 pm and post-lunch sitting from 2 pm to 6 pm. A sitting of, Parliament can be terminated by adjournment or adjournment sine

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die or prorogation or dissolution (in the case of the Lok Sabha)., An adjournment suspends the work in a sitting for a specified, time, which may be hours, days or weeks., Adjournment Sine Die, Adjournment sine die means terminating a sitting of Parliament for, an indefinite period. In other words, when the House is adjourned, without naming a day for reassembly, it is called adjournment sine, die. The power of adjournment as well as adjournment sine die, lies with the presiding officer of the House. He can also call a, sitting of the House before the date or time to which it has been, adjourned or at any time after the House has been adjourned sine, die., Prorogation, The presiding officer (Speaker or Chairman) declares the House, adjourned sine die, when the business of a session is completed., Within the next few days, the President issues a notification for, prorogation of the session. However, the President can also, prorogue the House while in session., The specific differences between adjournment and prorogation, are summarised in Table 22.1., Dissolution, Rajya Sabha, being a permanent House, is not subject to, dissolution. Only the Lok Sabha is subject to dissolution. Unlike a, prorogation, a dissolution ends the very life of the existing House,

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and a new House is constituted after general elections are held., The dissolution of the Lok Sabha may take place in either of two, ways:, 1. Automatic dissolution, that is, on the expiry of its tenure of, five years or the terms as extended during a national, emergency; or, 2. Whenever the President decides to dissolve the House,, which he is authorised to do. Once the Lok Sabha is, dissolved before the completion of its normal tenure, the, dissolution is irrevocable., When the Lok Sabha is dissolved, all business including bills,, motions, resolutions, notices, petitions and so on pending before it, or its committees lapse. They (to be pursued further) must be, reintroduced in the newly-constituted Lok Sabha. However, some, pending bills and all pending assurances that are to be examined, by the Committee on Government Assurances do not lapse on the, dissolution of the Lok Sabha. The position with respect to lapsing, of bills is as follows:, 1. A bill pending in the Lok Sabha lapses (whether originating, in the Lok Sabha or transmitted to it by the Rajya Sabha)., 2. A bill passed by the Lok Sabha but pending in the Rajya, Sabha lapses., 3. A bill not passed by the two Houses due to disagreement, and if the president has notified the holding of a joint sitting

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before the dissolution of Lok Sabha, does not lapse., 4. A bill pending in the Rajya Sabha but not passed by the Lok, Sabha does not lapse., 5. A bill passed by both Houses but pending assent of the, president does not lapse., 6. A bill passed by both Houses but returned by the president, for reconsideration of Houses does not lapse., Table 22.1 Adjournment vs Prorogation, Adjournment Prorogation, 1. It only terminates a sitting, and not a session of the, House., 1. It not only terminates a, sitting but also a session of, the House., 2. It is done by presiding, officer of the House., 2. It is done by the president of, India., 3. It does not affect the bills or, any other business pending, before the House and the, same can be resumed when, the House meets again.

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3. It also does not affect the, bills or any other business, pending before the House.13, However, all pending, notices (other than those for, introducing bills) lapse on, prorogation and fresh, notices have to be given for, the next session. In Britain,, prorogation brings to an end, all bills or any other, business pending before the, House., Quorum, Quorum is the minimum number of members required to be, present in the House before it can transact any business. It is onetenth of the total number of members in each House including the, presiding officer. It means that there must be at least 55 members, present in the Lok Sabha and 25 members present in the Rajya, Sabha, if any business is to be conducted. If there is no quorum, during a meeting of the House, it is the duty of the presiding, officer either to adjourn the House or to suspend the meeting until, there is a quorum., Voting in House

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All matters at any sitting of either House or joint sitting of both the, Houses are decided by a majority of votes of the members, present and voting, excluding the presiding officer. Only a few, matters, which are specifically mentioned in the Constitution like, impeachment of the President, amendment of the Constitution,, removal of the presiding officers of the Parliament and so on,, require special majority, not ordinary majority., The presiding officer of a House does not vote in the first, instance, but exercises a casting vote in the case of an equality of, votes. The proceedings of a House are to be valid irrespective of, any unauthorised voting or participation or any vacancy in its, membership., The following points can be noted with respect to the voting, procedure in the Lok Sabha:, 1. On the conclusion of a debate, the Speaker shall put the, question and invite those who are in favour of the motion to, say ‘Aye’ and those against the motion to say ‘No’., 2. The Speaker shall then say: ‘I think the Ayes (or the Noes,, as the case may be) have it.’ If the opinion of the Speaker as, to the decision of a question is not challenged, he shall say, twice: The Ayes (or the Noes, as the case may be) have it’, and the question before the House shall be determined, accordingly., 3. (a) If the opinion of the Speaker as to the decision of a

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question is challenged, he shall order that the Lobby be, cleared., (b) After the lapse of three minutes and thirty seconds, he, shall put the question a second time and declare, whether in his opinion the ‘Ayes’ or the ‘Noes’ have it., (c) If the opinion so declared is again challenged, he shall, direct that the votes be recorded either by operating the, automatic vote recorder or by using ‘Aye’ and ‘No’ Slips, in the House or by the Members going into the Lobbies., 4. If in the opinion of the Speaker, the Division is unnecessarily, claimed, he may ask the members who are for ‘Aye’ and, those for ‘No’ respectively to rise in their places and, on a, count being taken, he may declare the determination of the, House. In such a case, the names of the voters shall not be, recorded., Language in Parliament, The Constitution has declared Hindi and English to be the, languages for transacting business in the Parliament. However,, the presiding officer can permit a member to address the House in, his mother-tongue. In both the Houses, arrangements are made, for simultaneous translation. Though English was to be, discontinued as a floor language after the expiration of fifteen, years from the commencement of the Constitution (that is, in, 1965), the Official Languages Act (1963) allowed English to be

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continued along with Hindi., Rights of Ministers and Attorney General, In addition to the members of a House, every minister and the, attorney general of India have the right to speak and take part in, the proceedings of either House, any joint sitting of both the, Houses and any committee of Parliament of which he is a, member, without being entitled to vote. There are two reasons, underlying this constitutional provision:, 1. A minister can participate in the proceedings of a House, of, which he is not a member. In other words, a minister, belonging to the Lok Sabha can participate in the, proceedings of the Rajya Sabha and vice-versa., 2. A minister, who is not a member of either House, can, participate in the proceedings of both the Houses. It should, be noted here that a person can remain a minister for six, months, without being a member of either House of, Parliament., Lame-duck Session, It refers to the last session of the existing Lok Sabha, after a new, Lok Sabha has been elected. Those members of the existing Lok, Sabha who could not get re-elected to the new Lok Sabha are, called lame-ducks., DEVICES OF PARLIAMENTARY PROCEEDINGS, Question Hour

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The first hour of every parliamentary sitting is slotted for this., During this time, the members ask questions and the ministers, usually give answers. The questions are of three kinds, namely,, starred, unstarred and short notice., A starred question (distinguished by an asterisk) requires an, oral answer and hence supplementary questions can follow., An unstarred question, on the other hand, requires a written, answer and hence, supplementary questions cannot follow., A short notice question is one that is asked by giving a notice, of less than ten days. It is answered orally., In addition to the ministers, the questions can also be asked to, the private members. Thus, a question may be addressed to a, private member if the subject matter of the question relates to, some Bill, resolution or other matter connected with the business, of the House for which that member is responsible. The procedure, in regard to such question is the same as that followed in the case, of questions addressed to a minister., The list of starred, unstarred, short notice questions and, questions to private members are printed in green, white, light, pink and yellow colour, respectively, to distinguish them from one, another., Zero Hour, Unlike the question hour, the zero hour is not mentioned in the, Rules of Procedure. Thus it is an informal device available to the

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members of the Parliament to raise matters without any prior, notice. The zero hour starts immediately after the question hour, and lasts until the agenda for the day (ie, regular business of the, House) is taken up. In other words, the time gap between the, question hour and the agenda is known as zero hour. It is an, Indian innovation in the field of parliamentary procedures and has, been in existence since 1962., Motions, No discussion on a matter of general public importance can take, place except on a motion made with the consent of the presiding, officer. The House expresses its decisions or opinions on various, issues through the adoption or rejection of motions moved by, either ministers or private members., The motions moved by the members to raise discussions on, various matters fall into three principal categories:14, 1. Substantive Motion: It is a self-contained independent, proposal dealing with a very important matter like, impeachment of the President or removal of Chief Election, Commissioner., 2. Substitute Motion: It is a motion that is moved in substitution, of an original motion and proposes an alternative to it. If, adopted by the House, it supersedes the original motion., 3. Subsidiary Motion: It is a motion that, by itself, has no, meaning and cannot state the decision of the House without

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reference to the original motion or proceedings of the House., It is divided into three sub-categories:, (a) Ancillary Motion: It is used as the regular way of, proceeding with various kinds of business., (b) Superseding Motion: It is moved in the course of debate, on another issue and seeks to supersede that issue., (c) Amendment: It seeks to modify or substitute only a part, of the original motion., Closure Motion, It is a motion moved by a member to cut short the debate on a, matter before the House. If the motion is approved by the House,, debate is stopped forthwith and the matter is put to vote. There, are four kinds of closure motions15 :, (a) Simple Closure: It is one when a member moves that the, ‘matter having been sufficiently discussed be now put to, vote’., (b) Closure by Compartments: In this case, the clauses of a bill, or a lengthy resolution are grouped into parts before the, commencement of the debate. The debate covers the part as, a whole and the entire part is put to vote., (c) Kangaroo Closure: Under this type, only important clauses, are taken up for debate and voting and the intervening, clauses are skipped over and taken as passed., (d) Guillotine Closure: It is one when the undiscussed clauses of

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a bill or a resolution are also put to vote along with the, discussed ones due to want of time (as the time allotted for, the discussion is over)., Privilege Motion, It is concerned with the breach of parliamentary privileges by a, minister. It is moved by a member when he feels that a minister, has committed a breach of privilege of the House or one or more, of its members by withholding facts of a case or by giving wrong, or distorted facts. Its purpose is to censure the concerned, minister., Calling Attention Motion, It is introduced in the Parliament by a member to call the attention, of a minister to a matter of urgent public importance, and to seek, an authoritative statement from him on that matter. Like the zero, hour, it is also an Indian innovation in the parliamentary procedure, and has been in existence since 1954. However, unlike the zero, hour, it is mentioned in the Rules of Procedure., Adjournment Motion, It is introduced in the Parliament to draw attention of the House to, a definite matter of urgent public importance, and needs the, support of 50 members to be admitted. As it interrupts the normal, business of the House, it is regarded as an extraordinary device. It, involves an element of censure against the government and, hence Rajya Sabha is not permitted to make use of this device.

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The discussion on an adjournment motion should last for not less, than two hours and thirty minutes., The right to move a motion for an adjournment of the business, of the House is subject to the following restrictions:, 1. It should raise a matter which is definite, factual, urgent and, of public importance;, 2. It should not cover more than one matter;, 3. It should be restricted to a specific matter of recent, occurrence and should not be framed in general terms;, 4. It should not raise a question of privilege;, 5. It should not revive discussion on a matter that has been, discussed in the same session;, 6. It should not deal with any matter that is under adjudication, by court; and, 7. It should not raise any question that can be raised on a, distinct motion., No-Confidence Motion, Article 75 of the Constitution says that the council of ministers, shall be collectively responsible to the Lok Sabha. It means that, the ministry stays in office so long as it enjoys confidence of the, majority of the members of the Lok Sabha. In other words, the Lok, Sabha can remove the ministry from office by passing a, noconfidence motion. The motion needs the support of 50 members, to be admitted.

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Confidence Motion, The motion of confidence has come up as a new procedural, device to cope with the emerging situations of fractured mandates, resulting in hung parliament, minority governments and coalition, governments. The governments formed with wafer-thin majority, have been called upon by the President to prove their majority on, the floor of the House. The government of the day, sometimes, on, its own, seeks to prove its majority by moving a motion of, confidence and winning the confidence of the House. If the, confidence motion is negatived, it results in the fall of the, government15a, ., Censure Motion, A censure motion is different from a no-confidence motion as, shown in Table 22.2., Motion of Thanks, The first session after each general election and the first session, of every fiscal year is addressed by the president. In this address,, the president outlines the policies and programmes of the, government in the preceding year and ensuing year. This address, of the president, which corresponds to the ‘speech from the, Throne in Britain’, is discussed in both the Houses of Parliament, on a motion called the ‘Motion of Thanks’. At the end of the, discussion, the motion is put to vote. This motion must be passed

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in the House. Otherwise, it amounts to the defeat of the, government. This inaugural speech of the president is an, occasion available to the members of Parliament to raise, discussions and debates to examine and criticise the government, and administration for its lapses and failures., No-Day-Yet-Named Motion, It is a motion that has been admitted by the Speaker but no date, has been fixed for its discussion. The Speaker, after considering, the state of business in the House and in consultation with the, leader of the House or on the recommendation of the Business, Advisory Committee, allots a day or days or part of a day for the, discussion of such a motion., Dilatory Motion, It is a motion for the adjournment of the debate on a bill / motion /, resolution etc. or a motion to retard or delay the progress of a, business under consideration of the House. It can be moved by a, member at any time after a motion has been made. The debate, on a dilatory motion must be restricted to the matter contained in, such motion. If the Speaker is of the opinion that such a motion is, an abuse of the rules of the House, he may either forthwith put the, question thereon or decline to propose the question., Point of Order, A member can raise a point of order when the proceedings of the, House do not follow the normal rules of procedure. A point of

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order should relate to the interpretation or enforcement of the, Rules of the House or such articles of the Constitution that, regulate the business of the House and should raise a question, that is within the cognizance of the Speaker. It is usually raised by, an opposition member in order to control the government. It is an, extraordinary device as it suspends the proceedings before the, House. No debate is allowed on a point of order., , Money Bills, Article 110 of the Constitution deals with the definition of money, bills. It states that a bill is deemed to be a money bill if it contains, ‘only’ provisions dealing with all or any of the following matters:, 1. The imposition, abolition, remission, alteration or regulation, of any tax;, 2. The regulation of the borrowing of money by the Union, government;, 3. The custody of the Consolidated Fund of India or the, contingency fund of India, the payment of moneys into or the, withdrawal of money from any such fund;, 4. The appropriation of money out of the Consolidated Fund of, India;, 5. Declaration of any expenditure charged on the Consolidated, Fund of India or increasing the amount of any such

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expenditure;, 6. The receipt of money on account of the Consolidated Fund, of India or the public account of India or the custody or issue, of such money, or the audit of the accounts of the Union or, of a state; or, 7. Any matter incidental to any of the matters specified above., However, a bill is not to be deemed to be a money bill by, reason only that it provides for:, 1. the imposition of fines or other pecuniary penalties, or, 2. the demand or payment of fees for licenses or fees for, services rendered; or, 3. 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 Lok Sabha is final. His decision in, this regard cannot be questioned in any court of law or in the, either House of Parliament or even the president. When a money, bill is transmitted to the Rajya Sabha for recommendation and, presented to the president for assent, the Speaker endorses it as, a money bill., The Constitution lays down a special procedure for the passing, of money bills in the Parliament. A money bill can only be, introduced in the Lok Sabha and that too on the recommendation, of the president. Every such bill is considered to be a government

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bill and can be introduced only by a minister., After a money bill is passed by the Lok Sabha, it is transmitted, to the Rajya Sabha for its consideration. The Rajya Sabha has, restricted powers with regard to a money bill. It cannot reject or, amend a money bill. It can only make the recommendations. It, must return the bill to the Lok Sabha within 14 days, whether with, or without recommendations. The Lok Sabha can either accept or, reject all or any of the recommendations of the Rajya Sabha., If the Lok Sabha accepts any recommendation, the bill is then, deemed to have been passed by both the Houses in the modified, form. If the Lok Sabha does not accept any recommendation, the, bill is then deemed to have passed by both the Houses in the form, originally passed by the Lok Sabha without any change., If the Rajya Sabha does not return the bill to the Lok Sabha, within 14 days, the bill is deemed to have been passed by both, the Houses in the form originally passed by the Lok Sabha. Thus,, the Lok Sabha has more powers than Rajya Sabha with regard to, a money bill. On the other hand, both the Houses have equal, powers with regard to an ordinary bill., Finally, when a money bill is presented to the president, he may, either give his assent to the bill or withhold his assent to the bill, but cannot return the bill for reconsideration of the Houses., Normally, the president gives his assent to a money bill as it is, introduced in the Parliament with his prior permission.

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Table 22.4 shows the differences between the procedures for, the enactment of ordinary bills and money bills., Financial Bills, Financial bills are those bills that deal with fiscal matters, that is,, revenue or expenditure. However, the Constitution uses the term, ‘financial bill’ in a technical sense. Financial bills are of three, kinds:, 1. Money bills–Article 110, 2. Financial bills (I)–Article 117 (1), 3. Financial bills (II)–Article 117 (3), This classification implies that money bills are simply a species, of financial bills. Hence, all money bills are financial bills but all, financial bills are not money bills. Only those financial bills are, money bills which contain exclusively those matters which are, mentioned in Article 110 of the Constitution. These are also, certified by the Speaker of Lok Sabha as money bills. The, financial bills (I) and (II), on the other hand, have been dealt with, in Article 117 of the Constitution., JOINT SITTING OF TWO HOUSES, Joint sitting is an extraordinary machinery provided by the, Constitution to resolve a deadlock between the two Houses over, the passage of a bill. A deadlock is deemed to have taken place, under any one of the following three situations after a bill has

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been passed by one House and transmitted to the other House:, 1. if the bill is rejected by the other House;, 2. if the Houses have finally disagreed as to the amendments, to be made in the bill; or, 3. if more than six months have elapsed from the date of the, receipt of the bill by the other House without the bill being, passed by it., In the above three situations, the president can summon both, the Houses to meet in a joint sitting for the purpose of deliberating, and voting on the bill. It must be noted here that the provision of, joint sitting is applicable to ordinary bills or financial bills only and, not to money bills or Constitutional amendment bills. In the case, of a money bill, the Lok Sabha has overriding powers, while a, Constitutional amendment bill must be passed by each House, separately., In reckoning the period of six months, no account can be taken, of any period during which the other House (to which the bill has, been sent) is prorogued or adjourned for more than four, consecutive days., If the bill (under dispute) has already lapsed due to the, dissolution of the Lok Sabha, no joint sitting can be summoned., But, the joint sitting can be held if the Lok Sabha is dissolved after, the President has notified his intention to summon such a sitting, (as the bill does not lapse in this case). After the President notifies

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his intention to summon a joint sitting of the two Houses, none of, the Houses can proceed further with the bill., The Speaker of Lok Sabha presides over a joint sitting of the, two Houses and the Deputy Speaker, in his absence. If the, Deputy Speaker is also absent from a joint sitting, the Deputy, Chairman of Rajya Sabha presides. If he is also absent, such, other person as may be determined by the members present at, the joint sitting, presides over the meeting. It is clear that the, Chairman of Rajya Sabha does not preside over a joint sitting as, he is not a member of either House of Parliament., The quorum to constitute a joint sitting is one-tenth of the total, number of members of the two Houses. The joint sitting is, governed by the Rules of Procedure of Lok Sabha and not of, Rajya Sabha., If the bill in dispute is passed by a majority of the total number, of members of both the Houses present and voting in the joint, sitting, the bill is deemed to have been passed by both the, Houses. Normally, the Lok Sabha with greater number wins the, battle in a joint sitting., The Constitution has specified that at a joint sitting, new, amendments to the bill cannot be proposed except in two cases:, 1. those amendments that have caused final disagreement, between the Houses; and, 2. those amendments that might have become necessary due

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to the delay in the passage of the bill., Since 1950, the provision regarding the joint sitting of the two, Houses has been invoked only thrice. The bills that have been, passed at joint sittings are:, 1. Dowry Prohibition Bill, 1960., 2. Banking Service Commission (Repeal), Bill, 1977., 3. Prevention of Terrorism Bill, 2002., , POSITION OF RAJYA SABHA, The Constitutional position of the Rajya Sabha (as compared with, the Lok Sabha) can be studied from three angles:, 1. Where Rajya Sabha is equal to Lok Sabha., 2. Where Rajya Sabha is unequal to Lok Sabha., 3. Where Rajya Sabha has special powers that are not at all, shared with the Lok Sabha., Equal Status with Lok Sabha, In the following matters, the powers and status of the Rajya, Sabha are equal to that of the Lok Sabha:, 1. Introduction and passage of ordinary bills., 2. Introduction and passage of Constitutional amendment bills., 3. Introduction and passage of financial bills involving, expenditure from the Consolidated Fund of India., 4. Election and impeachment of the president.

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5. Election and removal of the Vice-President. However, Rajya, Sabha alone can initiate the removal of the vice-president., He is removed by a resolution passed by the Rajya Sabha, by an effective majority (which is a type of special majority), and agreed to by the Lok Sabha by a simple majority., 6. Making recommendation to the President for the removal of, Chief Justice and judges of Supreme Court and high courts,, chief election commissioner and comptroller and auditor, general., 7. Approval of ordinances issued by the President., 8. Approval of proclamation of all three types of emergencies, by the President., 9. Selection of ministers including the Prime Minister. Under, the Constitution, the ministers including the Prime Minister, can be members of either House. However, irrespective of, their membership, they are responsible only to the Lok, Sabha., 10. Consideration of the reports of the constitutional bodies like, Finance Commission, Union Public Service Commission,, comptroller and auditor general, etc., 11. Enlargement of the jurisdiction of the Supreme Court and, the Union Public Service Commission., Unequal Status with Lok Sabha, In the following matters, the powers and status of the Rajya

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Sabha are unequal to that of the Lok Sabha:, 1. A Money Bill can be introduced only in the Lok Sabha and, not in the Rajya Sabha., 2. Rajya Sabha cannot amend or reject a Money Bill. It should, return the bill to the Lok Sabha within 14 days, either with, recommendations or without recommendations., 3. The Lok Sabha can either accept or reject all or any of the, recommendations of the Rajya Sabha. In both the cases, the, money bill is deemed to have been passed by the two, Houses., 4. A financial bill, not containing solely the matters of Article, 110, also can be introduced only in the Lok Sabha and not in, the Rajya Sabha. But, with regard to its passage, both the, Houses have equal powers., 5. The final power to decide whether a particular bill is a Money, Bill or not is vested in the Speaker of the Lok Sabha., 6. The Speaker of Lok Sabha presides over the joint sitting of, both the Houses., 7. The Lok Sabha with greater number wins the battle in a joint, sitting except when the combined strength of the ruling party, in both the Houses is less than that of the opposition parties., 8. Rajya Sabha can only discuss the budget but cannot vote, on the demands for grants (which is the exclusive privilege, of the Lok Sabha).

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9. A resolution for the discontinuance of the national, emergency can be passed only by the Lok Sabha and not by, the Rajya Sabha., 10. The Rajya Sabha cannot remove the council of ministers by, passing a no-confidence motion. This is because the Council, of ministers is collectively responsible only to the Lok Sabha., But, the Rajya Sabha can discuss and criticise the policies, and activities of the government., Special Powers of Rajya Sabha, The Rajya Sabha has been given four exclusive or special powers, that are not enjoyed by the Lok Sabha:, 1. It can authorise the Parliament to make a law on a subject, enumerated in the State List (Article 249)., 2. It can authorise the Parliament to create new All-India, Services common to both the Centre and states (Article, 312)., 3. It alone can initiate a move for the removal of the vicepresident. In, other words, a resolution for the removal of the, vice-president can be introduced only in the Rajya Sabha, and not in the Lok Sabha (Article 67)., 4. If a proclamation is issued by the President for imposing, national emergency or president’s rule or financial, emergency at a time when the Lok Sabha has been, dissolved or the dissolution of the Lok Sabha takes place

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within the period allowed for its approval, then the, proclamation can remain effective even if it is approved by, the Rajya Sabha alone (Articles 352, 356 and 360)., An analysis of the above points makes it clear that the position, of the Rajya Sabha in our constitutional system is not as weak as, that of the House of Lords in the British constitutional system nor, as strong as that of the Senate in the American constitutional, system. Except in financial matters and control over the council of, ministers, the powers and status of the Rajya Sabha in all other, spheres are broadly equal and coordinate with that of the Lok, Sabha., Even though the Rajya Sabha has been given less powers as, compared with the Lok Sabha, its utility is supported on the, following grounds:, 1. It checks hasty, defective, careless and ill-considered, legislation made by the Lok Sabha by making provision of, revision and thought., 2. It facilitates giving representation to eminent professionals, and experts who cannot face the direct election. The, President nominates 12 such persons to the Rajya Sabha., 3. It maintains the federal equilibrium by protecting the, interests of the states against the undue interference of the, Centre.