Parliament in India
Topics Discussed: -
·
Introduction
·
Features of Parliamentary Type Government
·
Composition of Parliament
·
Qualification for Membership (Art 243V)
·
Powers, authority and responsibilities of Municipalities (243W)
·
District Planning Committees (243ZD) and Metropolitan Planning
Committees (243E)
·
Introduction
o There are more Parliamentary systems in the world than
Presidential democracies. As the name suggests, in the Parliamentary form of
government, the parliament is supreme and the Executive, comprised of some
members of the Parliament, is directly accountable to it.
o The examples of this system involves voters selecting
parliamentary representatives.
o The party that wins the largest number of congressional seats then
selects the head of government who is varyingly known as the Prime Minister,
Chancellor, or Premier.
o The supreme legislative organ of the union of India is called the
Parliament. Indian Constitution provides us a Parliamentary Democracy. Parliament
of India is made from Lok Sabha, Rajya Sabha and President.
o Articles 79-122 of the Indian Constitution deal with the
composition, powers and procedures of the Parliament of India.
·
Features
of Parliamentary Type Government
A Parliamentary government is also
known as the Cabinet form of government because the cabinet is the real
Executive in it. It is also called ‘Responsible government ‘, Since the Cabinet
always remains responsible to the Legislature for its activities. The salient
features of Parliamentary form of government are as follow:
1. Close relationship between the
Legislature and the Executive: In India, there is a close relationship between the
Executive, i.e. the Council of Ministers with the Prime Minister at the head
and the Legislature, i.e. the Parliament. The Council of Ministers is elected
from amongst the members of the Parliament which means that the Executive
emerges out of the Legislature.
2. Responsibility of the Executive
to the Legislature: Since the Legislature gives birth to the Executive, the
Legislature has the authority to hold the Executive responsible for all its
actions. Thus the Council of Ministers is responsible to Lok Sabha. It is
responsible to Rajya Sabha also. The responsibility is further conditioned
through its collectively i.e. the responsibility of every Minister is the
responsibility of the entire Council of Ministers.
3. Dual Executive: The
Parliamentary form of government provides for two Executives – the real
Executive and the nominal or titular Executive. The nominal Executive is
represented by the head of the State who may either be a hereditary or an
elective one; legally, the head of the State possesses all powers and
privileges which the Constitution and laws may confer upon him. But in
practice, all powers are exercised by the real Executive represented by the
Prime Minister and the Council of Ministers.
4. Leadership of the Prime
Minister: The
Prime Minister is the acknowledged leader of the parliamentary form of
government. Generally, the leader of the majority party in the lower house of
the Legislature is appointed as the prime Minister.
5. Individual Responsibility: Each
Minister is individually responsible to the parliament for the administration
of his own department. The Members of the Parliament can put questions to the
Minister who is responsible for all acts of omission and commission concerning
his own department.
6. Political homogeneity: It
means that the members of the Cabinet belong to the same political party.
Usually they are taken from the majority party in the Legislature. But there
are instances when no single part secures the majority in the Legislature. In
that case, the only alternative is the formation of a coalition government,
consisting of more than one political party.
7. Secrecy of procedure: The
secrecy of Cabinet proceedings is another pre-requisite of the Parliamentary
form of government. The minister should not divulge in the public or anywhere
else whatever is discussed in the Cabinet. Any violation of this is considered
to be a serious violation of discipline and the Cabinet Minister may lose his
seat.
·
Composition
of Parliament
·
Article 79 of the Constitution of India states that there shall be
a Parliament for the Union,
which comprises of the President and the two Houses- Rajya Sabha (the council
of states) and Lok Sabha (House of the people).
·
Article
80 of the Constitution specifies the composition of the council of states,
which consists of 12 members
nominated by the President and 238 representatives of the state and union
territories.
·
The
allocation of seats in the council of states to be fulfilled by representatives
of states and union territories in accordance with the provisions contained in
the 4th schedule.
·
Representation from States- They shall be elected by the elected members of the
legislative assembly of the state in accordance with the system of proportional
representation by means of single transferable vote. Hence from the above it
can be said that the number of seats to each state varies in accordance with
population of that state. Therefore, larger states occupy more seats than
smaller states.
·
Representation from Union Territories- According to the law prescribed by the Parliament the union
territories direct election to the house of people act 1965 was passed and
thereby they are also elected directly by people.
·
Nominated Members- President has powers to elect 2 members from Anglo-Indian
community if the President feels that their community is not adequately
represented.
|
Composition of Lok Sabha |
|
|
Maximum
Strength – 552 |
530
represent the States |
|
20 are
the representatives of Union Territories |
|
|
2 are
nominated by the President from Anglo-Indian Community |
|
|
Current
Strength –545 |
530
represent States |
|
13
represent Union Territories |
|
|
2 are
nominated from the President from Anglo-Indian Community |
|
|
Composition of Rajya Sabha |
|
|
Maximum
Strength – 250 |
230
represent States & Union Territories |
|
12 are
nominated by the president |
|
|
Current
Strength – 245 |
229
members represent the states |
|
4
members represent the union territories |
|
|
12
members are nominated by the president |
|
|
Note: Fourth
Schedule of Indian Constitution deals with allocation of seats in Rajya Sabha |
|
Qualification
for Member of Parliament
According
to Article 84 following are the qualifications for members of Parliament. It
states that a person shall not be qualified to be chosen to fill a seat in
Parliament unless he-
Citizen of India
ü Makes and subscribes before some person authorized in that behalf
by the election commission an oath or affirmation according to the form
subscribed to that purpose in the third schedule.
ü In case of council of states, the age of the member should not be
less than 30 years and in case of house of people the age should not be less
than 25 years.
ü Possessing such other qualification as mentioned by Parliament
from time to time. Accordingly, Parliament has passed Representation of peoples
act 1951, following are additional qualifications as per this act.
ü A person shall not be qualified to be chosen as a representative
of any state or UT in the council of states unless he is an elector of a
parliamentary constituency in India
ü A person shall not be qualified to be chosen to fit a seat in the
house of people unless in case of a seat reserved for the scheduled castes or
scheduled tribe in any state, he is a member of any of SC / ST respectively
whether of that state or of any other state and he is an elector for any
parliamentary constituency.
ü A person shall be disqualified where the convicted person is
sentenced to only fine, for a period of 6 years from the date of such
conviction or imprisonment, from the date of such conviction and shall continue
to be disqualified for a further period of 6 years since his release.
ü If the election commission is satisfied that a person has failed
to lodge an account of election expenses within the time and the manner
required
ü Disqualification on the ground of corrupt practices and disloyalty
·
Election to Lok Sabha and Rajya Sabha
Lok Sabha Elections
The
members of Parliament (MPs) are elected/appointed from states, union
territories or are appointed from a field of particular expertise. The elections
to Lok Sabha occur every 5 years in the name of general elections. The Indian
Constitution has adopted universal
adult franchise as a basis
of elections to the Lok Sabha and the state legislative assemblies.
Representation of States in Lok
Sabha:
·
Members
are directly elected by the people from the territorial constituencies in the
states
·
Election
Principle used – Universal Adult Franchise
·
Eligibility
to Vote: Any Indian Citizen of/above 18 years of age
Note:
Voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment
Act, 1988.
Representation of Union
Territories in Lok Sabha:
·
Parliament is empowered to
choose the members from the UTs in any manner as it desires
·
Election Principle used – Direct Election
Note: Union Territories
(Direct Election to the House of the People) Act, 1965, has been
enacted by which the members of Lok Sabha from the union territories are chosen
by direct election.
Representation of Nominated
Members in Lok Sabha:
President
nominates 2 members from Anglo-Indian Community if they are not adequately
represented.
Note: The provision to nominate
Anglo-Indians was extended till 2020 by 95th Amendment Act, 2009.
Facts about Lok Sabha elections
for UPSC
·
1st
Lok Sabha Election took place in 1952. There were 489 seats elected. Congress
won 364 out of 489 seats. Jawaharlal Nehru became the first Prime Minister.
·
2019
Lok Sabha elections were country’s 17th General Elections. Elections took place
for 552 seats. BJP won 303 seats out of 552. Narendra Modi is the Prime
Minister.
·
In
1952, only 22 women were elected while in 2014, 49 women candidates were
elected.
·
Elections
to Lok Sabha are carried out using a first-past-the-post electoral system.
Rajya Sabha Elections
There
are three types of representation in Rajya Sabha:
Representation of States in Rajya
Sabha:
·
Members
are elected by the elected members of state legislative assemblies
·
Election
Principle used – Proportional Representation by means of Single Transferable Vote
·
The
population of the state is a factor that decides the representation of states
in Rajya Sabha
Note: Representation of States in Rajya
Sabha is not equal. It depends on its population. State with a larger
population will have more number of seats in Rajya Sabha than those with a
lesser population.
Representation of Union
Territories in Rajya Sabha:
·
Members
of Rajya Sabha belonging to Union Territories are indirectly elected by
members of an electoral college, that is constituted for this purpose
·
Election
Principle used – Proportional Representation by means of Single Transferable
Vote
Note: Out of 7 union territories, only
Delhi and Puducherry have representation in Rajya Sabha.
Representation of Nominated
Members in Rajya Sabha:
12
people are nominated by the President in Rajya Sabha for their contribution and
expertise in the fields of:
·
Art
·
Literature
·
Science
·
Social
Service
Facts related to Rajya Sabha
elections in UPSC:
Two
changes were made to Rajya Sabha election in 2003:
·
To
be elected as a Rajya Sabha member from a particular state, the requirement to
be an elector from that state was removed.
·
System
of the open ballot was introduced in place of secret ballot system.
Can Rajya Sabha get dissolved?
Rajya
Sabha is a permanent body and also called a ‘continuing chamber.’ Unlike Lok
Sabha which usually runs for 5 years and the fresh elections are taken up,
Rajya Sabha has no specific tenure and it keeps on running. Therefore, it is
never dissolved.
Note:
·
Every
second year, one-third of its members retire. For the vacant seats, fresh
elections take place. However, nominations are taken up in the beginning of the
third year.
·
Representation
of the People Act, 1951 authorizes the President to make provisions to govern
the order of retirement of the members of the Rajya Sabha.
·
Duration
for both houses of Parliament
1.
The
Council of States shall not be subject to dissolution, but as nearly as
possible one-third of the members thereof shall retire as soon as may be on the
expiration of every second year in accordance with the provisions made in that
behalf by Parliament by law.
2.
The House of the People, unless sooner dissolved, shall continue for five years
from the date appointed for its first meeting and no longer and the expiration
of the said period of 5 years shall operate as a dissolution of the House:
Provided that the said period may, while a Proclamation of Emergency is in
operation, be extended by Parliament by law for a period not exceeding one year
at a time and not extending in any case beyond a period of six months after the
Proclamation has ceased to operate
·
Vacation
of seats in the Parliament
ARTICLE 101: VACATION OF SEATS
1.
No
person shall be a member of both Houses of Parliament and provision shall be
made by Parliament by law for the vacation by a person who is chosen a member
of both Houses of his seat in one House or the other.
2.
No person shall be a member both of Parliament and of a House of the
Legislature of a State, and if a person is chosen a member both of Parliament
and of a House of the Legislature of a State, then, at the expiration of such
period as may be specified in rules made by the President, that person’s seat
in Parliament shall become vacant, unless he has previously resigned his seat
in the Legislature of the State.
3.
If a member of either House of Parliament –
(a) becomes subject to any of the disqualifications mentioned in clause (1) or
clause (2) of article 102; or
(b) resigns his seat by writing under his hand addressed to the Chairman or the
Speaker, as the case may be, and his resignation is accepted by the Chairman or
the Speaker, as the case may be, his seat shall thereupon become vacant:
Provided that in the case of any resignation referred to in sub-clause (b), if
from information received or otherwise and after making such inquiry as he
thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that
such resignation is not voluntary or genuine, he shall not accept such
resignation.
4.
If for a period of sixty days a member of either House of Parliament it without
permission of the House absent from all meetings thereof, the House may declare
his seat vacant:
Provided that in computing the said period of sixty days no account shall be
taken of any period during which the House is prorogued or is adjourned for
more than four consecutive days.
ARTICLE 102: DISQUALIFICATIONS FOR
MEMBERSHIP
(1)
A
person shall be disqualified for being chosen as, and for being, a member of
either House of Parliament –
(a) if he holds any office of profit under the Government of India or the
Government of any State, other than an office declared by Parliament by law not
to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) 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
or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
Explanation: For the purposes of this clause a person shall not be deemed to
hold an office of profit under the Government of India or the Government of any
State by reason only that he is a Minister either for the Union or for such
State.
(2)
A
person shall be disqualified for being a member of either House of Parliament
if he is so disqualified under the Tenth Schedule.
Oath or Affirmation by MPs
An
of Member of Parliament (M.P.) takes the following Oath:
He
shall:
1.
Bear
true faith and allegiance to the Constitution of India.
2.
Uphold
the sovereignty and integrity of India.
3.
He
will faithfully discharge his duty.
4.
As
soon as a member is declared elected he is entitled to take his seat in the
house subject to his making and subscribing an oath or affirmation in pursuance
of article 99 of the Constitution.
5.
If
a member is not able to make and subscribe the oath or affirmation at the
commencement of a sitting of the House as provided in rule 5, he may do so at
any convenient time during the sitting of the House as the Speaker may direct.
Salaries and allowances of MPs
Article
106 of the Constitution of India provides that the members of either House of
Parliament shall be entitled to receive salaries and allowances as may from
time to time be determined by Parliament. The Salary, Allowances and Pension of
Members of Parliament Act, 1954, enacted in pursuance to the constitutional
provision, governs the salaries and allowances of the members.
Article
106 of the Constitution of India provides that the members of either House of
Parliament shall be entitled to receive salaries and allowances as may from
time to time be determined by Parliament. The Salary, Allowances and Pension of
Members of Parliament Act, 1954, enacted in pursuance to the constitutional
provision, governs the salaries and allowances of the members.
A
Joint Committee of the two Houses, constituted from time to time, frame rules,
after consultation with the Government of India, to provide for matters like
medical, housing, telephone facilities, etc. and for regulating the payment of
daily and travelling allowances under the said Act. The Act and the rules made
thereunder have been amended from time to time, in keeping with the changing
requirements.
Salaries and Allowances
1.
The
Salaries and Allowances of members are governed by the Salary, Allowances and
Pension of Members of Parliament
Act, 1954, as amended from time to time, and the rules made thereunder.
2.
Monthly Salary:
Each member of the Lok Sabha and the Rajya Sabha is entitled to receive a
salary of Rs 50,000 per month during the whole term of office. (The term of
office of a member begins with the date of publication of the notification by
the Election Commission and ends with the date on which that seat becomes
vacant.)
3.
Daily Allowance’s 2,000 per day for each day of residence on duty.
4.
Constituency Allowance’s 45,000 per month.
5.
Office Expense Allowance’s 45,000 per month.
6.
(Out
of these, Rs 15,000 for meeting expenses on stationery items and postage, and
Rs 30,000 is paid by the Lok Sabha/Rajya Sabha Secretariat
to the person(s) as may be engaged by a member for obtaining secretarial
assistance)
·
Presiding
Officers of Parliament
1.
The Speaker
Eligibility Criteria of a Speaker
Since
the Speaker is a Member of the Parliament, the eligibility criteria for the
position are same as that of the other members in the House. They are as
follows:
1.
He
or she must be a citizen of India.
2.
He
or she must not be less than 25 years of age.
3.
He
or she should not hold any office of profit under the Government of India, or
the Government of any other state.
4.
He
or she should not be of unsound mind.
Duty Term of the Speaker
1.
The
Speaker holds office during the life of the House, and once the House is
dissolved, the Speaker’s term of office ends. However, the Speaker can be
re-elected to the post. The Speaker’s office may however, terminate earlier
than the expiry of the House due to the following reasons:
2.
When
the Speaker ceases to be a Member of the House.
3.
When
the Speaker resigns by writing to the Deputy Speaker.
4.
When
the Speaker is removed from office by a resolution which is passed by a
majority of all the members of the House. While such a process is underway, the
Speaker cannot preside over the House, but can take part in the proceedings of
the House.
Role of the Speaker
Since
the Indian system of government follows the Westminster Model, the
Parliamentary proceedings of the country are headed by a presiding officer who
is called a Speaker. In other words, the Speaker of the two houses of the
Parliament is responsible for ensuring the smooth functioning of the House.
The
Lok Sabha or the Lower House of the People in India, which is the highest
legislative body in the country, chooses its Speaker who presides over the
day-to-day functioning of the House.
The
Speaker plays the crucial role of ensuring that the Parliament carries forward
its role of legislation peacefully, maintaining harmony in the Houses of
Parliament and taking crucial procedural decisions of the House. The Speaker is
thus, in every sense, considered the true guardian of the Indian Parliamentary
democracy, holding the complete authority of the Lok Sabha.
Powers of the Speaker
According
to the Constitution of India, a Speaker is vested with immense administrative
and discretionary powers, some of which are enumerated below:
1.
The
Speaker presides over the meetings in the House. In other words, the business
in the House is conducted by the Speaker, ensuring discipline and decorum
amongst its members. He/she guards the rights and privileges of the members of
the two Houses, deciding who should speak at what time, the questions to be
asked, the order of proceedings to be followed, among others.
2.
A
Speaker uses his/her power to vote, in order to resolve a deadlock. That is,
when the House initiates a voting procedure, he does not cast a vote in the
first instance. However, when the two sides receive equal number of votes, the
Speaker’s vote is used to resolve the deadlock, making his position as
impartial as in the English system of democracy.
3.
In
the absence of a quorum in the House, it is the duty of the Speaker to adjourn
the House or to suspend any meeting, until the quorum is met. The Speaker
decides the agenda that must be discussed in a meeting of the Members of the
Parliament.
4.
The
Speaker is invested with the immense powers of interpreting the Rules of
Procedure. That is, since he/she is the member of the House as well as the
Presiding Officer at the same time, he ensures the discipline of the House. The
Speaker ensures that MPs are punished for unruly behaviour. A Speaker can also
disqualify a Member of Parliament from the House on grounds of defection. It is
in the power of a Speaker, to permit the various parliamentary procedures such
as the motion of adjournment, the motion of no confidence, the motion of
censure, among others.
5.
The
Speaker of the Lok Sabha presides over a joint sitting of the two Houses of
Parliament.
6.
Once
a Money Bill is transmitted from the Lower House to the Upper House, the
Speaker is solely responsible for endorsing his or her certificate on the Bill.
In other words, he/she is given the pivotal power to decide whether any Bill is
a Money Bill. This decision is considered final, and all procedures henceforth,
must be carried along accordingly.
7.
The
Speaker has under his or her jurisdiction, a number of Parliamentary Committees
such as the Rules Committee, the Business Advisory Committee and the General
Purposes Committee. The Speaker nominates the various Chairmen of these
Committees, as well as looks into the procedural hindrances of the workings of
these Committees, if any.
8.
Besides
heading the Lok Sabha, the Speaker is also the ‘ex-officio’ President of the
Indian Parliamentary Group. He/she also acts in the capacity of Chairman of the
Conference of Presiding Officers of Legislative Bodies in India.
9.
As
part of the Speaker’s administrative role, he or she is the head of the Lok
Sabha Secretariat, maintaining absolute security surveillance in the
Parliament.
·
Deputy
Speaker
The Deputy
Speaker of the Lok Sabha is elected by the lower house of the Parliament.
He is chosen from the Lok Sabha members for a time span of five years. He acts
as the presiding officer in the absence of the Speaker of Lok Sabha. He is
supposed to perform all the duties and responsibilities of the Speaker in
absence of him. Lok Sabha elects the Speaker from one of its members. The
Speaker is helped by the Deputy Speaker for proper implementation of the work.
It
is his responsibility to carry on various procedures of the lower houses of
Parliament in the absence of the Speaker of Lok Sabha. The members of the
Parliament raise various issues in the lower house before the Deputy
Speaker of Lok Sabha. He is supposed to listen to every member and come out
with a solution for it. The time for taking up the agendas are allotted by the
Business Advisory Committee of the Lok Sabha. Certain rules and directions are
given by the Speaker for regulating the process of work in Lok Sabha.
The
Deputy Speaker of the Lok Sabha is appointed in the first meeting of the lower
house of Parliament. The meeting is held just after the elections. The person
who is appointed as the Deputy Speaker of lower house must resign from his
party to carry out his work properly. It is a norm in the Lok Sabha that the
Deputy Speaker must be impartial and should not belong to any political party.
The
Deputy Speaker of the Parliament is responsible for carrying out several
functions like:
1.
Maintaining
discipline and order in the Parliament
2.
Taking
decision on important issues
3.
Deciding
about the next issue to be taken up in the meeting
4.
Giving
punishment to any member of the parliament for misbehaviour
5.
Giving
permission for several resolutions like and motions like motion of adjournment,
motion of censure and motion of censure
6.
Appropriating
a bill (money bill or non-money bill)
1.
Panel of Chairpersons of Lok Sabha
According
to ‘Rules of procedure and conduct of business in Lok Sabha’, a Member of the
panel may preside over the House when the Speaker and the Deputy Speaker are
absent.
It
must be noted that in case of a vacancy a member of the panel cannot preside
over the House. In such a case, president appoints a member of the house for
the purpose. Vacancy is said to have arisen in case of Death, resignation and
removal of the concerned.
Pro tem Speaker
Till
a regular Speaker is elected, a Pro Tem Speaker administers oath to a new House
and conducts proceedings.
Under
normal circumstances, a pro tem Speaker is sworn in by the President and an
hour later, the Lok Sabha is convened and the newly-elected members are sworn
in.
As
soon as the new government is formed, the Legislative Section of Parliament
prepares a list of the senior most Lok Sabha members. The list is then
submitted to the Minister of Parliamentary Affairs for the appointment of a pro
tem Speaker. Thereafter, the minister submits a note to the President seeking
his approval to the appointment of the pro tem Speaker.
In
situations when both the Speaker’s and the Deputy Speaker’s posts in the House
may lie vacant, (death, resignation, and so on), the tasks in the House are
undertaken under the pro tem Speaker.
Such
a situation, in fact, arose in the first Lok Sabha itself when the first Lok
Sabha Speaker GV Mavalankar passed away on February 27, 1956, 14 months before
the term of the House ended on April 4, 1957. The first Lok Sabha had three pro
tem Speakers: Mavalankar who was also appointed the Speaker later, then B. Das
and finally Sardar Hukum Singh who later became the Deputy Speaker of the
House.
The
powers of the pro tem Speaker are not defined. But the pro tem Speaker does not
surely have as much power as the permanent Speaker has.
Rajya Sabha Chairman
According
to the Constitution of India, the Vice President is the Rajya Sabha
Chairman. The Vice President of India shall be the ex officio Chairman of Upper
House of the Parliament or Rajya Sabha as per the Articles 64 and 89(1). The
Vice-President, as the Rajya Sabha Chairman, chairs over the meetings of
the House.
The
pride and status of the House depends on the Chairman of the Rajya Sabha, as he
is the accepted guardian of the Upper House of the Indian Parliament. The Rajya
Sabha Chairman is the major spokesperson of the House and he/she also
symbolizes the joint voice to the outer globe.
It
is the duty of the Chairman of Rajya Sabha to ensure that the proceedings of
the House are conducted in a regimented method and are in harmony with the
pertinent provisions of the Constitution of India. It is also his duty to
ensure that the members of the Upper House get proper chance to ask questions and
get proper reply.
The
Rajya Sabha Chairman does not have the power to vote in any matters of the
House. He can only put vote when there is a tie. The decisions of the Chairman
Rajya Sabha cannot be ignored or criticized. The Chairman is also not bound to
show reasons for any of his decisions. The act of protesting against the ruling
of the Chairman is regarded as a contempt of Court.
The
Chairman of the Rajya Sabha is helped by the Deputy Chairman in the proceedings
of the House. The present Chairman of Rajya Sabha is Mohammad Hamid Ansari. The
first Chairman of Rajya Sabha was Dr. S. Radhakrishnan and Shri S.V.
Krishnamoorthy was the first Deputy Chairman of Rajya Sabha.
Deputy Chairman of Rajya Sabha
The
Deputy Chairman is elected by Rajya Sabha from amongst its members.
The
Deputy Chairman office may vacate his office if cease to be member of RS or
resigns or removed by resolution passed by absolute majority of Rajya Sabha
with giving 14 days’ prior notice to him.
He
performs duties of Chairman in his absence or when office fall vacant and
enjoys such powers as conferred by virtue of office of Chairman of Rajya Sabha.
As
a Deputy Chairman, he is not a subordinate to Chairman but directly responsible
to Rajya Sabha.
Panel of Vice Chairpersons of RS
The
Chairman nominates a Panel of Vice Chairpersons amongst member of Rajya Sabha.
Any of them can preside over sitting of the house, in the absence of the
Chairman and Deputy Chairman.
They
can’t preside over house when office of Chairman/deputy Chairman is vacant. In
that case, President can appoint any member to preside over house.
·
Leaders in Parliament
Leader of Opposition
ü The LOP is leader of
the largest party that has not less than one-tenth of the total strength of the
house.
ü It is a statutory post defined in the Salaries and
Allowances of Leaders of Opposition in Parliament Act, 1977.
ü Significance
of the office:
ü Lop is referred to as the ‘shadow
Prime Minister’.
ü She/he is expected to be ready to take over if the government
falls.
ü The Lop also plays an important role in bringing cohesiveness and
effectiveness to the opposition’s functioning in policy and legislative work.
ü LoP plays a crucial role in bringing bipartisanship and neutrality
to the appointments in institutions of accountability and transparency – CVC,
CBI, CIC, Lokpal etc.
·
Leader of the House
1.
The
term Leader of the House has been defined in Rules of Procedure of the Lok
Sabha and the Rajya Sabha.
2.
Leader
of the House, according to Rule 2 of the Rules of Procedure and Conduct of
Business in the Lok Sabha means the prime Minister, if he is a Member of the
House or a Minister who is a Member of the House and is nominated by the Prime
Minister to function as the Leader of the House.
3.
The Prime
Minister is invariably the Leader of the Lok Sabha.
·
Roles and functions:
1.
The
Leader of the House is an important parliamentary functionary and exercises
direct influence on the course of parliamentary business.
2.
The
whole policy of the Government especially in so far as it is expressed in the
inner life of the House and in measures dealing with the course of its
business, is concentrated in his person.
3.
The arrangement
of Government business is the ultimate-responsibility of the Leader of the
House, though the details are settled, subject to his approval, by the Chief
Whip.
4.
The
Leader of the House makes proposals for the dates of summoning and
prorogation of the House for the approval of the Chair.
5.
He
has to draw up the programme of official business to be transacted in the
Session of Parliament, namely, Bills, motions, discussions on general or
specific subjects like five-year plans, foreign policy, economic or industrial
policy and other important State activities.
6.
He
fixes inter se priorities for various items of business to ensure their
smooth passage.
7.
After
settling tentative programme for the whole session, he maps out weekly and
daily programme depending upon the state of progress of work and announces the
programme to the members in advances every week.
8.
The Business
Advisory Committee determines the allocation of time for Government Bills and
otter business on the basis of suggestions made by or received from him from
time to time.
9.
The Leader
of the Lok Sabha. viz., Prime Minister, never sits in the Business Advisory
Committee; he or she is represented by the Minister for Parliamentary Affairs
in the Business Advisory Committee. The Leader of the House in the Rajya
Sabha is generally a member of the Business Advisory Committee (BAC). In the
event, he is not a member of the BAC, he is invited to attend its meetings.
Whip
A whip is a member of political party’s
parliamentary body responsible
for discipline within the party.
1.
Their
main job is ensuring that their members in Parliament and legislature vote in
line with the party’s official policy on important issues.
2.
The
office of whip is neither mentioned in constitution of India nor in the Rules
of the House nor in the Parliamentary Statue.
3.
It
is based on conventions of parliamentary government.
·
Devices
of Indian Parliamentary Proceedings
Question Hour: 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, unstirred and short notice.
1. A starred question (distinguished
by an asterisk) requires an oral answer and hence supplementary questions can
follow.
2. An untarred question, on the
other hand, requires a written answer and hence, supplementary questions cannot
follow.
3. A short notice question is one
that is asked by giving a notice of less than ten days. It is answered orally.
A brief description of various
types of motions has been given below:
1. 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 motions:
(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 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).
2. 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
no-confidence motion. The motion needs the support of 50 members to be
admitted.
3.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.
4. 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 programmers 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 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
ex-amine and criticize the government and administration for its lapses and
failures.
5. 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.
6. 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.
7. Censure Motion: It
should state the reasons for its adoption in the Lok Sabha. It can be moved
against an individual minister or a group of ministers or the entire council of
ministers. It is moved for censuring the council of ministers for specific
policies and actions. If it is passed in the Lok Sabha, the council of
ministers need not resign from the office.
8. Half-an-Hour Discussion: It is meant
for discussing a matter of sufficient public importance, which has been
subjected to a lot of debate and the answer to which needs elucidation on a
matter of fact. The Speaker can allot three days in a week for such
discussions. There is no formal motion or voting before the House.
9. Short Duration Discussion: It is
also known as two-hour discussion as the time allotted for such a discussion
should not exceed two hours. The members of the Parliament can raise such
discussions on a matter of urgent public importance. The Speaker can allot two
days in a week for such discussions. There is neither a formal motion before
the house nor voting. This device has been in existence since 1953.
10. 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 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.
11. Special Mention: A
matter which is not a point of order or which cannot be raised during question
hour, half-an hour discussion, short duration discussion or under adjournment
motion, calling attention notice or under any rule of the House can be raised
under the special mention in the Rajya Sabha. Its equivalent procedural device
in the Lok Sabha is known as ‘Notice (Mention) Under Rule 377’.
12. Adjournment Motion: When
there is an urgent matter of public importance then a member may propose that
the business of the house be adjourned for discussing that matter. This motion
can be moved only with the consent of the Speaker. Generally, such motions are
discussed in the afternoon at 4.00 p.m.
13. 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.
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