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Rajya Sabha (The Council of States)

The Upper House (or House of Elders) represents the states and union territories. It is a permanent House and is never fully dissolved. The IV Schedule of the Constitution deals with the allocation of its seats.

• Composition: Maximum strength is 250 (238 elected, 12 nominated). Current strength is 245.
• Election: Representatives of states are elected by state legislative assemblies. Representatives of UTs are indirectly elected by an electoral college.
• Functions: Reviews and alters laws initiated by the Lok Sabha. It can also initiate legislation. Its approval is necessary for a bill to become law.
• Power: Has special powers related to states. Any matter affecting states or any transfer of a subject from the State List requires its approval.

Lok Sabha (The House of the People)

The Lower House (or Popular House) represents the people of India as a whole.

• Composition: Maximum strength is 550 (530 from states, 20 from UTs). Current strength is 543.
• Election: Members are directly elected by the people from territorial constituencies in states and UTs.
• Functions: Selects the executive (the government), which implements the laws made by Parliament.
• Powers: Holds more power in money matters and its view is likely to prevail in a joint sitting. It can pass a 'no confidence' motion against the Council of Ministers.

President

Though not a member of either House, the President is an integral part of the Parliament. He is the head of the state and the highest formal authority in the country.

• Appointment: Elected by an electoral college consisting of elected members of Parliament (MPs) and Legislative Assemblies (MLAs).
• Powers: A bill passed by both Houses cannot become law without the President's assent. He can summon and prorogue the Houses, dissolve the Lok Sabha, and issue ordinances.

Speaker of the Lok Sabha (Art. 93)

Elected by the Lok Sabha from amongst its members. The date of election is fixed by the President. The Speaker remains in office during the life of the Lok Sabha but can vacate earlier if they cease to be a member, resign (to the Deputy Speaker), or are removed by an effective majority resolution (with 14 days' notice). If the Lok Sabha is dissolved, the Speaker continues in office until the first meeting of the new House.

Chairman of the Rajya Sabha (Art. 89)

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. The Chairman is not a member of the House. They can be removed from office only if removed from the office of the Vice-President. Like the Speaker, they exercise a casting vote in case of a tie. Their powers are similar to the Speaker, except that the Speaker has two special powers: certifying Money Bills and presiding over joint sittings.

Voting in the House

• Constitutional Basis: As per **Article 100**, all questions at any sitting of either House are decided by a majority of votes of the members present and voting.
• Default Method (Simple Majority): This is the most common method, where a motion is passed if it is supported by more than 50% of the members who are present in the House and participate in the voting.
• Presiding Officer's Role: To maintain impartiality, the Speaker (in Lok Sabha) or the Chairman (in Rajya Sabha) does not vote in the first instance.
• Casting Vote: In the event of a tie (an equality of votes), the Presiding Officer exercises a **casting vote**. This is a crucial power used to resolve a deadlock and prevent the legislative process from stalling.
• Other Majorities: For specific constitutional functions, other types of majorities are required, such as **Absolute, Effective, and Special Majorities**, which are used for more significant actions like constitutional amendments, impeachment of the President, or removal of judges.

Methods of Voting

To ascertain the decision of the House, the Presiding Officer uses several methods, progressing from simple to more formal procedures as needed.

• Voice Vote: This is the initial and quickest method where the Presiding Officer asks members to say 'Aye' (for yes) or 'No'. The decision is made based on the perceived volume. It is typically used for matters with a broad consensus.
• Division: If any member challenges the outcome of a voice vote, a 'Division' is ordered to ensure an accurate count. This can be done through:
  • Automatic Vote Recorder (AVR): The most modern method where members use electronic buttons from their seats.
  • Going into the Lobbies: A traditional method where 'Ayes' and 'Noes' physically separate into different lobbies to be counted.
  • Head Count: The Presiding Officer may ask members to simply stand in their places for a physical count.
• Secret Ballot: This method ensures confidentiality and is used for specific proceedings like the elections for the President and Vice-President.

Language in Parliament

• Constitutional Basis (Article 120): The Constitution specifies that business in Parliament shall be transacted in **Hindi or in English**.
• Legal Framework: The **Official Languages Act, 1963**, provided for the continuation of English for official purposes of the Union and in Parliament for an indefinite period, alongside Hindi.
• Provision for Diversity: To uphold India's linguistic diversity, Article 120 also empowers the Presiding Officer of a House to permit any member who cannot adequately express themselves in Hindi or English to address the House in their **mother tongue**.

Rights of Ministers and the Attorney General

• Constitutional Basis (Article 88): This article grants special rights to every Minister and the Attorney General of India.
• Scope of Rights: They have the right to **speak in** and **take part in the proceedings** of either House, any joint sitting, and any parliamentary committee of which they are a member.
• Rationale: This provision facilitates effective coordination between the executive and the legislature, allowing ministers to represent the government in both houses and the Attorney General to provide legal counsel directly.
• Crucial Limitation: They **shall not be entitled to vote** in a House of which they are not a member. The Attorney General, not being a member of either House, has no right to vote. This upholds the principle that only the representatives of a chamber can decide its outcomes.

Lame-Duck Session

• Definition: The term refers to the **final session of an existing Lok Sabha** that takes place *after* the general elections for a new Lok Sabha have been held but *before* the new House is officially constituted.
• The "Lame-Ducks": The members of the outgoing Lok Sabha who were not re-elected in the new elections are called "lame-ducks".
• Nature and Significance: This is not a formal constitutional term. These sessions are typically short and do not involve significant legislative business, as the popular mandate of the House has effectively expired with the election of its successor.

1. Simple Majority

A majority of more than 50% of the members present and voting. This is the most common type of majority used for passing ordinary bills, confidence motions, etc.

2. Absolute Majority

A majority of more than 50% of the total membership of the House (e.g., 273 in Lok Sabha). It is used in conjunction with a special majority for forming a government and for certain constitutional amendments.

3. Effective Majority

A majority of more than 50% of the effective strength of the house (Total Strength - Vacancies). It is used for the removal of the Vice President, Speaker, and Deputy Speaker.

4. Special Majority

Any majority that is not simple, absolute, or effective. There are four types:

• As per Article 249/312: Requires a majority of 2/3rd of the members present and voting. Used for resolutions related to the state list and the creation of All-India Services.
• As per Article 368: Requires a majority of 2/3rd of the members present and voting, supported by more than 50% of the total strength of the House (Absolute Majority). Used for most constitutional amendment bills, removal of judges, etc.
• As per Article 368 + State Ratification: Requires the majority mentioned above plus ratification by more than half of the state legislatures by a simple majority. Used for amending federal provisions.
• As per Article 61: The most stringent type, requiring a majority of 2/3rd of the total strength of the House. Used exclusively for the impeachment of the President of India.

Simple Majority

This refers to a majority of **more than 50% of the members present and voting** on a particular day.

Absolute Majority

This refers to a majority of **more than 50% of the total membership of the House**.

Effective Majority

This refers to a majority of **more than 50% of the effective strength of the House**.

Special Majority

This is any majority other than Simple, Absolute, or Effective. It has four main types:

• As per Article 249 and 312: Requires a majority of **2/3rd of the members present and voting**. Used when the Rajya Sabha passes resolutions regarding the state list or the creation of new All-India Services.
• As per Article 368: Requires a majority of **2/3rd of the members present and voting**, which must also be an **Absolute Majority** (more than 50% of the total strength of the house). Used for most Constitutional Amendment Bills, removal of judges of the SC/HC, and approval of a National Emergency.
• As per Article 368 + State Ratification: Requires the special majority mentioned above in both Houses, plus ratification by the legislative assemblies of **more than half of the States** by a simple majority. Used for amending federal provisions of the Constitution.
• As per Article 61: The most stringent type, requiring a majority of **2/3rd of the total strength of the house**. This is used exclusively for the impeachment of the President of India.

Question Hour

The first hour of every parliamentary sitting. Members ask questions to ministers (and sometimes private members) who provide answers. It is mentioned in the Rules of Procedure.

• Starred Question: Requires an oral answer, and supplementary questions can follow.
• Unstarred Question: Requires a written answer, so supplementary questions cannot be asked.
• Short Notice Question: Asked on matters of urgent public importance and is answered orally on a notice shorter than 10 days.

Zero Hour

An informal device, not mentioned in the Rules of Procedure, for members to raise matters of urgent public importance without any prior notice. It starts immediately after the Question Hour. It is an Indian innovation in existence since 1962.

Motions

A formal proposal made by a member to the House for its decision or opinion on a matter of public importance. Motions are categorized as:

• Substantive Motion: A self-contained, independent proposal on a very important matter.
• Substitute Motion: An alternative proposal that, if adopted, supersedes the original motion.
• Subsidiary Motion: Depends on an original motion. It has three sub-types: Ancillary, Superseding, and Amendment.

Closure Motion

A motion moved by a member to cut short the debate on a matter. If approved, the debate is stopped, and the matter is put to a vote. The four types are Simple, Compartmental, Kangaroo, and Guillotine Closure.

Adjournment Motion

An extraordinary device to draw the attention of the House to a definite matter of urgent public importance. It can only be moved in the Lok Sabha as it involves an element of censure against the government. It needs the support of 50 members to be admitted, and the discussion lasts for at least two hours and thirty minutes.

Other Devices

• Motion of Thanks: A motion to discuss the President's address at the beginning of the first session after an election and of each fiscal year. Its defeat amounts to the defeat of the government.
• Point of Order: Raised by a member when proceedings do not follow the normal rules. It suspends the ongoing proceedings and no debate is allowed.
• Half-an-Hour Discussion: For discussing a matter of sufficient public importance that has been subject of a recent question. No voting occurs.
• Short Duration Discussion: A two-hour discussion on a matter of urgent public importance. No formal motion or voting is involved.
• Special Mention / Notice Under Rule 377: A device to raise matters that cannot be raised under other rules. It is called 'Special Mention' in Rajya Sabha and 'Notice Under Rule 377' in Lok Sabha.

Youth Parliament

A scheme started on the recommendation of the Fourth All India Whips Conference to acquaint younger generations with parliamentary practices and procedures. The Ministry of Parliamentary Affairs provides training and encouragement for the scheme.

Stage 1: First Reading

A member introduces the bill by asking for the leave of the House. No discussion takes place at this stage. After introduction, the bill is published in the Gazette of India.

Stage 2: Second Reading

This is the most crucial stage where the bill receives detailed scrutiny. It consists of three sub-stages:

• Stage of General Discussion: The principles of the bill are discussed generally. The bill may then be taken into consideration, referred to a select committee of the House, a joint committee of both Houses, or circulated for public opinion.
• Committee Stage: The committee examines the bill clause-by-clause, amends provisions without altering its principles, and reports it back to the House.
• Consideration Stage: The House considers the bill clause-by-clause as reported by the committee. Each clause is discussed and voted upon, and amendments can be moved.

Stage 3: Third Reading

The debate is confined to the acceptance or rejection of the bill as a whole. No amendments are allowed. If a majority of members present and voting accept the bill, it is passed by the House and transmitted to the second House.

Stage 4: Bill in the Second House

The bill passes through all three stages again. The second House has four alternatives:

• Pass the bill as sent by the first House.
• Pass the bill with amendments and return it to the first House.
• Reject the bill altogether.
• Take no action, keeping the bill pending (if pending for more than six months, it leads to a deadlock).

If a deadlock occurs, the President can summon a **joint sitting** of both Houses to resolve the disagreement.

Stage 5: Assent of the President

Once a bill is passed by both Houses, it is presented to the President for assent. The President has three options:

• Give assent, and the bill becomes an Act.
• Withhold assent, and the bill ends.
• Return the bill for reconsideration. If the Houses pass the bill again (with or without amendments) and present it to the President, the President **must** give assent.

1. Presentation of Budget

The Finance Minister presents the Budget to the Lok Sabha, usually on the 1st of February. No discussion takes place on this day.

2. General Discussion

A few days after the presentation, both Houses discuss the budget as a whole for three to four days. No cut motions can be moved at this stage.

3. Scrutiny by Departmental Committees

The Houses are adjourned for about three to four weeks. During this period, the 24 departmental standing committees examine the demands for grants in detail and submit reports.

4. Voting on Demands for Grants

The Lok Sabha votes on the demands for grants ministry-wise, in light of the committee reports. This is an exclusive privilege of the Lok Sabha. During this stage, members can move **Cut Motions**.

5. Passing of Appropriation Bill

This bill is introduced to authorize the withdrawal of money from the Consolidated Fund of India to meet the grants voted by the Lok Sabha and the expenditure charged on the fund. Once assented to by the President, it becomes the **Appropriation Act**.

6. Passing of Finance Bill

This bill is introduced to give effect to the government's financial (taxation) proposals for the next fiscal year. Unlike the Appropriation Bill, amendments can be moved. The **Finance Act** legalizes the income side of the budget and completes the process of its enactment.

Legislative Powers and Functions

• Makes laws on subjects in the **Union List** and **Concurrent List** (with overriding powers).
• Approves ordinances issued by the President within **six weeks** of Parliament's reassembly.
• Authorizes the Executive to make detailed rules and regulations under the framework of a parent law (**delegated legislation**).
• Can make laws on the **State List** under five abnormal circumstances, such as during a National Emergency or when the Rajya Sabha passes a specific resolution.

Executive Powers and Functions

• Exercises control over the Executive through devices like **question-hour, zero hour, no-confidence motions**, and **censure motions**.
• Ministers are **collectively responsible** to the Parliament, especially the Lok Sabha.
• The Lok Sabha can remove the council of ministers by passing a **no-confidence motion** or by defeating the government on a vital issue or money bill.

Financial Powers and Functions

• **Ultimate authority over finances:** No tax can be levied or expenditure incurred without its approval.
• Scrutinizes government spending and financial performance through its **financial committees** (Public Accounts Committee, Estimates Committee, etc.).
• Enforces the **'rule of lapse'**, meaning that money granted for a financial year must be spent within that year, ensuring effective financial control.

Constituent Powers and Functions

• Possesses the power to **amend the Constitution** under Article 368.
• While it has vast amending powers, it is subject to the **'basic structure' doctrine** laid down by the Supreme Court in the *Kesavananda Bharati case*.

1. Written Nature of the Constitution

The Indian Parliament must operate within the boundaries set by the written Constitution. There is a clear distinction between its legislative power (to make ordinary laws) and its constituent power (to amend the Constitution), with the latter being more rigid.

2. Federal System of Government

India's federal structure constitutionally divides powers between the Union and the states. Parliament's legislative authority is primarily limited to subjects in the Union List and Concurrent List.

3. System of Judicial Review

The Supreme Court and High Courts in India have the power to declare parliamentary laws unconstitutional and void if they violate any provision of the Constitution, particularly the 'basic structure'.

4. Fundamental Rights

Article 13 of the Constitution prohibits the state from enacting laws that abrogate or take away Fundamental Rights. Any parliamentary law that conflicts with these rights will be deemed invalid.