The Union Legislature

Parliament House, New Delhi

Our Constitution has adopted Parliamentary Form of Government

Provides for harmonious blend of Legislative and Executive Organs of State

Functions of Parliamenta) Providing the Cabinetb) Control of the Cabinetc) Criticism of Cabinet and of Individual Membersd) An organ of Informatione) Legislationf) Financial Control

Constitution of Parliament Parliament consists of:

President (as per Legislative Duties)1) Addresses2) Assent to Bills3) Ordinances

Two Houses

House of People – Lok Sabha Council of States – Rajya Sabha

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Constitution of House of People 530 members from different states 20 members from union territories 2 members from Anglo Indian Community

Composition of Council of States 12 nominated by ‘President’ – Literature, Science, Art and

Social Service 238 representatives of State and Union territories

Territorial Constituencies for Election of House of People Election direct Territorial constituencies Each state allotted number of seats based on population

Proportional representation for Council of Statesa) Elected members of Legislative Assembly of each Stateb) Municipalitiesc) District boardsd) Local Authoritiese) Graduatesf) Teachers

Why Proportional Representation not adopted for House of People Requires literacy Will lead to fragmentation

Duration of Houses of Parliament Council of States

Permanent Body 1/3 Members retire every 2nd year

House of People 5 years Maybe dissolved every 2nd year

Sessions of Parliament Twice a year – Gap of 6 months

Qualification of Members of Parliamenta) Citizen of Indiab) Age

Council of State – 30 years House of People – 25 years

Disqualifications for Membership (Article 84)2

Reflects Federal Character

a) Holds office of profit under Government of Indiab) Declared unsound by Competent Courtc) Is an undischarged insolventd) Ceased to be citizen of India

Acquired citizenship of Foreign Statee) Disqualified by or under any Law of Parliament

Sex not a disqualification

Vacation of Seats by Membersa) Dual membership

Both Houses State and Union

b) Acquires any of the disqualificationsc) Resignationd) Absence without permission

Salaries and Allowances of Members of Parliament As per salaries, allowances and pension of members of

Parliament Act, 1954

Officers of ParliamentA. SPEAKER

A Speaker to preside over House of People And a Deputy Speaker Elected by members of House Hold office during period of house Termination of office

i) Ceasing to be Memberii) By resignation in writing to Deputy Speakeriii) Removal

Majority 14 day prior Notice Speaker to be heard

Powers of Speaker

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i) Preside over the Houseii) Shall not vote in the first instance but will give

Casting Vote in case of equalityiii) Maintain orderiv) Interpret Rules of Procedurev) Absence of quorum - Adjourn House

Speaker’s conduct in above instances cannot be questioned in Courts

Additional powers not available to Chairman of Council of Statesi) To preside over Joint sitting of Both Housesii) Endorse money bill stating it to be so

B. DEPUTY SPEAKER To preside when office of Speaker falls vacant unless

there is resolution for his removal

C. CHAIRMAN OF COUNCIL OF STATES ‘Vice President’ – Ex Officio Shall preside when not officiating as President In his place Deputy Chairman Can be removed only if removed from Office of Vice

President Emoluments as under Salaries and Allowances of

Officers of Parliament Act, 1953 Functions similar to that of Speaker

Powers, Privileges and Immunities of Parliament and its Members Article 105 – Freedom of Speech Article 194 – Right of Publication Privilege as enjoyed by House of Commons Conflict between privileges and Fundamental Rights, former

to prevail

a) Individual Privilegesi) Freedom from Arrestii) Freedom of Attendance as Witnessiii) Freedom of Speech

b) Parliamentary Privilegesi) Publication of proceedings and exclude publicationii) Right to exclude strangersiii) Right to regulate its own Constitution

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iv) Right to regulate its proceedingsv) Right to punish for contempt

Legislative ProcedureI. Ordinary Bills

1) Introduction2) Motions after introduction

Considered Referred to select Committee Referred to Joint Committee Circulated

3) Report by Select Committee4) Passing of Bill in the House where it was introduced5) Passage in the other House6) President’s Assent

II. Money Bills Bill deemed to be Money Bill when it deals with any of

the following matters:1) Tax2) Consolidated Fund or Contingency Fund – Custody3) Appropriation of moneys out of Consolidated Fund4) Regulation of borrowing money by Government5) Expenditure charged on Consolidated Fund6) Receipt of money into Consolidated Fund7) Matters incidental thereon

Speaker to endorse Money Bill – Decision Final

Procedure1) Not to be introduced in Council of States2) Passed by House of People with endorsement of

Speaker then Council of States to pass it and back to House of People

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

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

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

III. Financial Bill (Article 117) Does not require Speaker’s Certificate

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

Ordinarily containing Expenditure from Consolidated Fund

Removal of Deadlock in the Course of Passing Bills1) Money Bills – House of People overrides2) Other Bills – Joint sitting of Both Houses

Financial Legislation in Parliament (Article 112) Beginning of every financial year statement of estimated

expenditure and receipts to be laid before both houses States economic policy Votable of non votable -> Expenditure on Consolidated

Fund Discussed by both houses – Beyond this Council of States

has no power Grants voted by House of People

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