Indian Polity · Topic 9 of 25

Parliament

Structure, procedures, powers and privileges of the Union Parliament

Parliament: Organisation and Bicameral Composition

The Basics

Parliament is the legislative organ of the Union government. It makes laws for the whole country. Under the Constitution, Parliament of India consists of three parts: the President, the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The President, though not sitting in either House, is a constitutional part of Parliament.

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Lok Sabha: Territorial Constituencies and Delimitation

The Basics

A territorial constituency is an area whose voters together elect one Member of Parliament to the Lok Sabha. India uses direct, one-person-one-vote elections. So the Constitution requires constituencies to be drawn so every vote counts roughly equally.

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Lok Sabha: SC and ST Seat Reservation

The Basics

Reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha means some constituencies are set apart. Only candidates from these communities can contest from these seats. Every voter in the constituency, regardless of caste, can vote.

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Membership Disqualifications for Parliament

The Basics

Disqualification means a person, even if otherwise qualified, is barred from being chosen as or from continuing as a Member of Parliament, on specific grounds the Constitution and law set out.

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Oath, Salary and Allowances of Members

The Basics

Before taking a seat in either House, every Member of Parliament must make and subscribe to an oath or affirmation, administered by the President or a person appointed by the President for this purpose, under Article 99. In this oath, the member swears to bear true faith and allegiance to the Constitution of India, to uphold the sovereignty and integrity of India, and to faithfully discharge the duties of the office.

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MPLADS: Members of Parliament Local Area Development Scheme

The Basics

The Members of Parliament Local Area Development Scheme, known as MPLADS, gives each Member of Parliament a fixed yearly fund. The Member recommends development works in their area. They do not spend the money directly. The district administration carries out the works.

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Lok Sabha Speaker: Election, Tenure and Powers

The Basics

The Speaker is the presiding officer of the Lok Sabha. He or she is elected by the Lok Sabha from among its own members. This election happens soon after the House first sits, on a date fixed by the President. The Speaker conducts sittings of the House. He or she allows members to speak and maintains discipline. The Speaker also ensures that the Rules of Procedure are followed. His or her decision on parliamentary matters is final within the House.

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Deputy Speaker and Panel of Chairpersons

The Basics

The Deputy Speaker is the second-highest presiding officer of Lok Sabha, elected by the House itself from among its own members, just like the Speaker. The election of the Deputy Speaker happens after the Speaker's election, and the date for this election is fixed by the Speaker, not by any fixed rule in the Constitution.

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Rajya Sabha Chairman and Deputy Chairman

The Basics

The presiding officer of the Rajya Sabha is called the Chairman. The Vice President of India is the ex-officio Chairman of the Rajya Sabha. This means the office comes automatically with being Vice President.

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Sessions of Parliament: Summoning and Adjournment

The Basics

A session of Parliament is the period from the first sitting of a House until it is prorogued, or dissolved in the case of the Lok Sabha. During a session the House meets regularly to transact business; the gap between the end of one session and the start of the next is called a recess.

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No-Confidence, Confidence and Censure Motions

The Basics

A government in India's parliamentary system survives only as long as it enjoys majority support in the Lok Sabha. Three motions test this support in different ways. The No-Confidence Motion tests it. The Confidence Motion proves it. The Censure Motion condemns specific conduct without removing the government.

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Resolutions: Meaning, Types and Classification

The Basics

A resolution is a self-contained, independent proposal moved for the approval of the House. It is drafted so as to be capable of expressing a decision of the House. All resolutions are substantive motions. Members move resolutions to draw the attention of the House or the government to matters of general public interest. Once moved, discussion must stay strictly within the scope of that resolution.

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Bills: Classification and Ordinary Bill Procedure

The Basics

A bill is simply a draft of a proposed law. It needs the approval of both Houses of Parliament and the assent of the President before it becomes an act, that is, an enforceable law. This practice of 'readings' comes from the British Parliament. Many early members could not read, so a clerk read bills aloud. The stages are still called readings, though members now read bills themselves.

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Joint Sitting of Two Houses

The Basics

A joint sitting is an extraordinary mechanism. The Lok Sabha and the Rajya Sabha meet together as one body. It resolves a deadlock over a bill. Parliament is bicameral, and an ordinary bill needs the agreement of both Houses. Without a way to resolve disagreement, a bill could be blocked forever by one House.

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Budget: Meaning, Contents and Constitutional Provisions

The Basics

The word 'budget' appears nowhere in the Constitution. What the Constitution describes, in Article 112, is the 'Annual Financial Statement' — a statement of the estimated receipts and expenditure of the Government of India for a financial year. This is what is popularly called the Union Budget. India's financial year runs from 1 April to 31 March of the following year.

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Budget Documents and FRBM Statements

The Basics

The Union Budget is not a single paper. It is a bundle of documents. Each document does a different job. Together they give Parliament a complete picture before voting money. This bundle includes the Annual Financial Statement, Demands for Grants, the Finance Bill, statements required under the Fiscal Responsibility and Budget Management (FRBM) Act, and several explanatory papers. The Economic Survey is presented just before the budget.

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Charged Expenditure and Appropriation Bill

The Basics

The budget has two kinds of expenditure from the Consolidated Fund of India. One kind is 'voted', meaning Parliament must approve it through demands for grants. The other kind is 'charged', meaning it is placed on the Consolidated Fund automatically. Parliament can only discuss charged expenditure, not vote on it or reject it.

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Functions of Parliament

The Basics

Parliament is not just a law-making body; it is the centre of India's democratic process, representing the people, controlling the executive, and safeguarding the Constitution. Its work falls under six main heads: legislative, executive, financial, constituent, judicial and electoral functions, besides some other miscellaneous powers.

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Delegated Legislation and Parliamentary Scrutiny

The Basics

Parliament often cannot write every technical detail of a law. So it passes a law in skeleton form, stating only the broad policy and objectives. It authorises the executive, usually a ministry or department, to make detailed rules, regulations, bye-laws or orders to carry out that policy. This process of the executive making law under authority given by Parliament is called delegated legislation. It is also known as executive legislation or subordinate legislation.

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Parliamentary Control over Executive: Mechanisms and Limitations

The Basics

Parliamentary control means the Council of Ministers must justify its policies and spending to Parliament. It can be removed if it loses the confidence of the Lok Sabha. This control operates at three stages: policy-making, implementation, and after implementation.

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Comparative Powers of Lok Sabha and Rajya Sabha

The Basics

Lok Sabha and Rajya Sabha are not equal in every respect. The Constitution makes them equal partners in most law making, but gives Lok Sabha the last word on money and on the government's survival, while giving Rajya Sabha a few special powers of its own. Understanding this map of equal, unequal, and exclusive powers is the key to this concept.

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Parliamentary Privileges: Meaning, Collective and Individual

The Basics

Parliamentary privileges are special rights, immunities and exemptions. They belong to the two Houses of Parliament, their committees, and their members. They exist so that the Houses can keep their authority, dignity and honour. They also let members do their duties without outside obstruction. Without such protection, a member could be sued or arrested for criticising the government inside the House.

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Anti-Defection Law (Tenth Schedule)

The Basics

Defection means an elected member abandons the party on whose ticket he or she won. This happens by joining another party or disobeying party instructions inside the House. The Anti-Defection Law is the set of constitutional rules that disqualifies members of Parliament and state legislatures for such defection.

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Parliamentary Committees: Meaning and Classification

The Basics

A parliamentary committee is a small group of members of Parliament that studies a matter closely and reports back, so that the whole House does not have to examine every detail itself. Precisely, a parliamentary committee is one that is appointed or elected by the House, or nominated by the Speaker or Chairman, works under the direction of the Speaker or Chairman, presents its report to the House or to the Speaker or Chairman, and has a secretariat provided by the Lok Sabha or Rajya Sabha Secretariat. Consultative committees, though also made up of members of Parliament, do not meet these four conditions, so they are not counted as parliamentary committees.

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Public Accounts Committee

The Basics

The Public Accounts Committee is a parliamentary committee that checks whether the government spent public money the way Parliament had authorised. In simple terms, once the government spends money, this committee looks back and asks: was this spending legal, proper and wise? It does this mainly by examining the audit reports sent in by the Comptroller and Auditor General of India.

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Estimates Committee

The Basics

The Estimates Committee is the largest financial committee of Parliament. It examines the budget estimates and suggests ways to achieve economy. It does not question the policy behind the estimates. It is called a 'continuous economy committee' because it reviews spending efficiency throughout the year.

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Department-Related Standing Committees

The Basics

Department-Related Standing Committees, commonly called DRSCs, are permanent parliamentary committees. They examine the bills, budgets and policies of specific ministries and departments of the central government. Unlike the three financial committees, which look at spending across the whole government, each DRSC is attached to a defined set of ministries. It tracks their working closely throughout the year.

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Other Parliamentary Committees (Inquiry, Scrutiny, Housekeeping)

The Basics

Apart from financial committees and department-related standing committees, Parliament has several other committees that inquire into conduct, scrutinise government action, manage day-to-day business, or run the housekeeping of the House. Together they make sure Parliament can discipline its own members, check delegated law-making, and function smoothly without always needing the full House to decide.

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Consultative Committees of Parliament

The Basics

Consultative Committees are attached to individual ministries or departments of the central government. They are not committees of either House of Parliament. Each committee consists of members of both the Lok Sabha and the Rajya Sabha. The minister or minister of state in charge of that ministry acts as its chairman.

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