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The Union Parliament-Report

The document provides a comprehensive overview of the Indian Parliament, detailing its structure, functions, and legislative procedures. It outlines the roles of the Lok Sabha and Rajya Sabha, their powers, and the parliamentary processes including sessions, motions, and the responsibilities of the Speaker. Additionally, it highlights the differences between the two Houses in terms of legislative authority and executive control.

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0% found this document useful (0 votes)
15 views

The Union Parliament-Report

The document provides a comprehensive overview of the Indian Parliament, detailing its structure, functions, and legislative procedures. It outlines the roles of the Lok Sabha and Rajya Sabha, their powers, and the parliamentary processes including sessions, motions, and the responsibilities of the Speaker. Additionally, it highlights the differences between the two Houses in terms of legislative authority and executive control.

Uploaded by

pranavkulk26
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Table of Contents:

• Introduction..………………………………………………………………………………………………………………………01
• Definition of Parliament………………………………………………………………………………………………………01
• Federal and Unitary Setup of India………………………………………………………………………………………01
• Unicameral and Bicameral Legislature………………………………………………………………………………...01
• Structure of Parliament………………………………………………..……………………………………………………..01
• The Lok Sabha……………………………………………………………………………………………………………………..02
o Features………………………………………………………………………………………………………02
o Qualification for membership………………………………………………………………………02
o Disqualification of Membership…………………………………………………………………..02
o Vacation of Seats………………………………………………………………………………………….02
o Functions……………………………………………………………………………………………………..03
• The Rajya Sabha…………………………………………………………….…………………………………………………...03
o Features………………………………………………………………………………………………………03
o Functions……………………………………………………………………………………………………..03
• Parliamentary Procedures……………………………………………………………………………………………………03
o Sessions of Parliament……………………………………………………………………………….03
o Quorum……………………………………………………………………………………………………..04
o Question Hour…………………………………………………………………………………………….04
o Zero Hour……………………………………………………………………………………………………04
• Types of Motions…………………………………………………………………………………………………………………05
o Adjournment Motion…………………………………………………………………………………..05
o No-Confidence Motion…………………………………………………………………………………05
• Adjournment and Prorogation of the House…………………………………………..…………………………..05
• Powers and Functions of Parliament……………………………………………………………………………………05
o Legislative………………………………………………………………………………………………....05
o Financial...………………………………………………………………………………………………….06
o Executive..………………………………………………………………………………………………….06
o Judicial......………………………………………………………………………………………………….06
o Miscellaneous..…………….…………………………………………………………………………….06
• Exclusive Powers of the Lok Sabha..…………………………………………………………………………………….06
• Exclusive Powers of the Rajya Sabha..………………………………………………………………………………….06
• Other Aspects of Parliamentary Functioning..……………………………………………………………………..07
o Role and Functions of the Speaker.................................................................07
▪ The Business of the House.....................................................07
▪ Administrative Functions........................................................07
▪ Disciplinary Functions.............................................................08
▪ Parliamentary Committees.....................................................08
▪ Miscellaneous Functions.........................................................08
o Parliamentary Committees.............................................................................08
• Differences between the powers of the Lok Sabha and Rajya Sabha……………………………………08
o Difference over Legislative matters.................................................................08
o Control over the Executive..............................................................................08
o Election of President and Vice-President........................................................08
o Impeachment..................................................................................................08
o Emergency Provision.......................................................................................08
• Conclusion…………………………………………………………………………………………………………………………..08
• References…………………………………………………………………………………………………………………………..09
Introduction

India adopts a parliamentary system of government, inspired by the British model. It ensures a
harmonious relationship between the legislature and executive, promoting accountability and
democratic representation. India is also a federal state, structured with a Union government and
multiple State governments, with a strong central authority.

Definition of Parliament

Parliament is the body of people’s representatives who have supreme power of governance in a
democratic country. It is the supreme legislative body of India. It consists of:

• Rajya Sabha (Council of States)

• Lok Sabha (House of the People)

• The President of India

The President, while not a member of either House, is an integral part of the Parliament with specific
roles like summoning and proroguing the Houses, dissolving the Lok Sabha, and granting assent to
bills.

Federal and Unitary Setup of India

India is quasi-federal—meaning it is federal in structure but has a strong central government.

• Federal Setup: A federal setup divides power between a central authority and various
constituent units (states, provinces, etc.). This system allows for a balance between national
unity and regional autonomy.
• Unitary Setup: A unitary setup is a system of government where all power is concentrated in
a single, central authority, with any regional or local governments having limited authority
and acting as subordinate units. This contrasts with a federal system, where power is shared
between national and local governments.

Unicameral and Bicameral Legislature:

• Unicameral Legislature: A unicameral legislature is a system of government where laws are


made by a single legislative chamber, rather than two separate chambers as in a bicameral
system.
• Bicameral Legislature: A bicameral legislature is a parliamentary system where law-making
authority is divided between two separate chambers, often referred to as the upper and
lower house.

India has a bicameral legislature at the Union level. The Lower House is known as the Lok Sabha
while the Upper House is known as the Rajya Sabha.

Structure of Parliament

• Lok Sabha (House of the People)

• Rajya Sabha (Council of States)


The Lok Sabha:

• Features:

o Lower House of the Parliament

o Represents the people of India

o 550 members, directly elected by the people

▪ Not more than 530 people shall represent the States

▪ Not more than 20 people shall represent the Union Territories.

o Term: 5 years

o Speaker is the presiding officer

• Qualification for membership:

o He/she should be an Indian citizen.

o He/she should be at least 25 years of age.

o He/she should have his name in the electoral rolls in some part of the country.

o He/she should not be an insolvent i.e. he/she should not be in debt and should have
the ability to meet his financial commitments.

o He/she should not hold any office of profit under the government.

o He/she should not be a proclaimed criminal.

o He/she should not be of unsound mind.

• Disqualification of Membership

A person shall be disqualified for being chosen as, and for being, a member of either House
of Parliament-

o if he/she holds any office of profit under the Government of India or the
Government of any State (other than an office exempted by Parliament by law) but
not a Minister for the Union or for a State:

o if he/she is of unsound mind and stands so declared by a competent Court;

o if he/she is an undischarged insolvent;

o if he/she is not a citizen of India or has voluntarily acquired citizenship of a foreign


State or is under an acknowledgment of allegiance or adherence to a foreign power;

o if he/she is so disqualified by or under any law made by Parliament.

• Vacation of Seats:

The seat of a member of either House of the Parliament becomes vacant in the following
situations:

o If the member resigns by writing to the Speaker or Chairman.


o If absent without permission for 60 consecutive days (excluding prorogation or long
adjournment).
o If disqualified under the Constitution or an Act of Parliament.
oIf elected to both Parliament and a State Legislature, one seat must be vacated.
oIf disqualified under the Anti-Defection Law by voluntarily giving up party
membership or defying the party whip, unless at least one-third of the party
members split.
• Functions:

o Legislative: Discuss, debate, pass, amend or reject bills

o Financial: Approve budgets, discuss and pass finance bills, review government
spendings

o Oversight: Monitor government activities, examine policies, question the


government

o Representation: Represents constituencies, addresses issues and concerns of the


people, advocate public interest and local concerns

The Rajya Sabha:

• Features:

o Upper House of parliament.

o Represents the states and union territories.

o 250 members

▪ 238 members elected by the States in the Union

▪ 12 members nominated by the President

o Term: 6 years; 1/3rd retire every 2 years

o Vice President is the ex-officio Chairperson

▪ Rajya Sabha elects a deputy Chairperson from among its members to fulfil
the duties of the Chairperson in his/her absence.

o Same criteria for Qualification, Disqualification of Membership and Vacation of Seats


as that of Lok Sabha except the age limit of qualification to Rajya Sabha is 30 years.

Functions:

o Legislative: Discuss, debate, pass, amend or reject bills

o Oversight: Monitor government activities, examine policies and programs, question


the government

o Representation: Represents states and union territories, addresses issues and


concerns of regional interests, advocate for state rights

Parliamentary Procedures:

• Sessions of Parliament

o Budget Session (February–May): Union Budget and financial discussions


o Monsoon Session (July–August): Legislative matters and Q&A

o Winter Session (November–December): Important bills and discussions

o Extraordinary Session: For urgent matters

• Quorum

o Quorum is the minimum number of members required to be present for a House


meeting to conduct business.

o In both the Lok Sabha and Rajya Sabha, the quorum is one-tenth of the total
membership of the House.

o If there is no quorum, the House is either adjourned or the meeting is suspended


until quorum is met.

o It ensures validity and legitimacy of the proceedings.

o Responsibility to maintain quorum lies with the members, not just the Speaker or
Chairman.

• Question Hour

o Held during the first hour of every parliamentary sitting (usually at 11 o’clock).

o Aims to ensure government accountability through questions posed by members.

o Interpellation

▪ General term for the right of members to question the government.

▪ Used to seek information or press for specific actions or policy changes.

o Includes different types of questions:

▪ Starred Questions

▪ Require an oral answer in the House.

▪ Allow supplementary questions after the minister’s reply.

▪ Marked with a star (*).

▪ Unstarred Questions

▪ Require a written answer.

▪ No supplementary questions permitted.

▪ Not discussed during the session.

▪ Short Notice Questions

▪ Asked with less than 10 days’ notice.

▪ Must relate to urgent public matters.

▪ Answered orally, with supplementary questions allowed.

▪ The Minister concerned decides whether to answer them or not.

• Zero Hour

o Starts immediately after Question Hour in both Houses of Parliament (at 12 o’clock).
o Members raise urgent matters without prior notice.

o Usually lasts for about an hour (till 1 o’clock, lunch break).

o The Speaker or Chairman controls the House.

Types of Motions:

• A Motion is a formal proposal made by a member stating that the House should take up
some particular matter which is of public importance.
• With the help of the motion, the members draw attention of the Government to take
suitable action on a particular matter.
• Adjournment Motion
o An Adjournment Motion means a proposal to lay aside all other business and take up
a 'definite matter of urgent importance'.
o Leads to interruption of normal business of the house.
• No-Confidence Motion
o A No-Confidence Motion is a proposal expressing lack of confidence in the Ministry.
o The Council of Ministers is collectively responsible to the entire Lok Sabha including
the members of the Opposition.
o No-Confidence in the Government is moved by the Opposition.
o The House grants leave to move No-Confidence Motion only when it has the support
of at least 50 members.
o The Motion has to be taken up for discussion within 10 days from the day on which
the leave is granted.
o On conclusion of the debate, the Speaker puts the Motion to vote. If the Motion is
passed, the Government has to resign.
o Confidence Motion is the reverse of the No-Confidence Motion.
o Sometimes a No-Confidence or Confidence Motion assumes much importance - even
a single vote counts.

Adjournment and Prorogation of the House:

• Adjournment of the House means suspension of the sitting of the House by the Speaker.
• Prorogation means termination of the session of Parliament.
• The power of adjournment of the House rests with the Speaker or the Chairman as the case
may be; and the power of prorogation of a session belongs to the President.
• The House is also adjourned:
o after the business for the day is over,
o when the death of a sitting/ex-member of the House occurs;
o when there is so much disorder in the House that it is difficult to conduct the
business;
o for want of quorum; or
o as and when the Speaker finds it necessary

Powers and Functions of Parliament

• Legislative Powers

o Enact new laws

o Amend or repeal existing laws


o Ordinances

o Residuary Powers

• Financial Powers

o Approve Union Budget

o Salaries

o Supplementary Grants

o Vote on Accounts

o Permission for Taxes

• Executive Powers

o Interpellation

o Vote of No-Confidence

o Adjournment Motion

• Judicial Powers

o Impeachment trials

o Removal of Judges, etc.

• Miscellaneous Powers

o Amend Constitution

o Declare war or emergency

o Ratify international treaties

Exclusive Powers of the Lok Sabha:

• No-confidence motions can only be passed in Lok Sabha; if successful, the government must
resign. Rajya Sabha has no role.
• Money Bills can only be introduced in Lok Sabha; Rajya Sabha can only suggest changes
within 14 days.
• In case of a deadlock on ordinary bills, the will of Lok Sabha usually prevails due to its larger
strength.

Exclusive Powers of the Rajya Sabha:

• Under Article 249, Rajya Sabha can authorize Parliament to make laws on State List matters
by a two-thirds majority.
• Can recommend the creation of new All-India Services in the national interest.
• During National Emergency, if Lok Sabha is dissolved, Rajya Sabha becomes the sole de facto
and de jure Parliament, i.e. it functions as the full Parliament, since it cannot be dissolved.
Other Aspects of Parliamentary Functioning

• Role and Functions of the Speaker:

o The Business of the House

▪ Speaker presides over meetings and allots time for discussion.

▪ Interprets House rules; decisions are final.

▪ Signs Bills before they go to Rajya Sabha or President.

▪ Decides admissibility of questions, resolutions, and adjournment motions.

▪ Puts issues to vote; votes only in case of a tie.

▪ Decides if a Bill is a Money Bill.

o Administrative Functions

▪ Receives petitions and documents.

▪ Communicates House decisions to authorities.

▪ Regulates admission of visitors and press.

o Disciplinary Functions

▪ Maintains order; can suspend or expel unruly members.

▪ Can expunge unparliamentary remarks from records.

▪ Handles breach of privilege and contempt cases.

▪ Decides disqualification under Anti-Defection Law; decision is final.

o Parliamentary Committees

▪ Ex-officio Chairperson of key committees (e.g., Business Advisory).

▪ Appoints Committee Chairpersons and guides procedures.

o Miscellaneous Functions

▪ Presides over joint sessions of Parliament.

▪ Nominates members for foreign delegations (with Rajya Sabha Chairman).

▪ Chairs the Conference of Presiding Officers in India.

• Parliamentary Committees: Specialized groups to scrutinize bills, budgets, and ministries.

Differences between the powers of the Lok Sabha and Rajya Sabha

• Differences Over Legislative Matters


o Ordinary Bills: Can start in either House. In case of disagreement, a joint session is
held, but Lok Sabha dominates due to larger numbers and the Speaker presiding.
o Money Bills: Can only originate in Lok Sabha. Rajya Sabha can only make
recommendations within 14 days, which Lok Sabha may accept or reject.
• Control Over the Executive
o Ministers answer to both Houses, but the Council of Ministers is responsible only to
Lok Sabha.
o No-confidence and Adjournment Motions can be passed only in Lok Sabha.
• Election of President and Vice-President
o All MPs have an equal vote, but Lok Sabha’s larger strength gives it more influence.
• Impeachment
o Both Houses have equal powers in impeaching the President or judges. The process
can begin in either House.
• Emergency Provisions
o If Lok Sabha is dissolved, Rajya Sabha handles Union Legislature functions during a
National Emergency.

Conclusion

India’s parliamentary system, enriched with a strong federal setup, ensures a government of the
people, by the people, and for the people. It empowers both the Union and the States while
providing mechanisms like Lok Sabha, Rajya Sabha, Committees, Sessions, and Constitutional
Offices to uphold democracy and governance.

References:

• National Portal of India


• Mind map of Parliament by EduRev
• Total History and Civics Textbook – class 10

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