Parliament in India      

Topics Discussed: -

·       Resolutions

·       Legislative Procedure in Parliament

·       Funds

·       Multifunctional Role of Parliament

·       Parliamentary Committees

·       Resolutions

 According to Subhash Kashyap, former secretary general of Loksabha all resolutions should be voted upon (Our Parliament, page 145); this factor differentiates them from motions which are otherwise similar to resolutions.

Resolutions come under ‘substantive motions’ (there are 3 kinds of motions – substantive, substitute and subsidiary motions). Substantive motion is a self-contained independent proposal submitted for the approval of the House and drafted in such a way as to be capable of expressing a decision of the House.

Other examples of substantive motions are motion of no confidence, motions for election or removal of Speaker, Deputy Speaker etc.

The resolution passed by parliament come under ‘government resolutions’.

What is important is whether the standing committee accepts the resolution or not. As the resolution is not voted upon, it may not be binding on the government. This might be an excuse for the government if standing committee doesn’t incorporate recommendations of the resolution.

·       Legislative Procedure in Parliament

·       Process of passing bills:

1. Ordinary bill- The five stages through, which and ordinary bill passes to become a law are as follows:

(a) First reading- It includes the introduction of the bill in either of the houses of the Parliament by a minister or by a private member. It is followed by the grant of leave and its publication in the Gazette of India.
(b) Second Reading: At this stage, the bill undergoes detailed scrutiny including discussion of every clause. This stage can be further divided into the stages of general discussion, committee stage and consideration stage.
(c) Third Reading: At this stage, no amendments are allowed. The bill needs to be passed by a simple majority of members present and voting in the House. When bill is authenticated by the presiding officer, it is sent to the other house for consideration and approval.
(d) Bill in the second House: In the second House also, the bill needs to be passed by a simple majority of members present and voting in the House. If the second House passes the bill without any amendments, the bill is sent to the president for his assent.
(e) Assent of the President: If the president gives his assent to the bill, the bill becomes an act and placed on the Statute Book. If the president withholds the assent to the bill, the bill ends.

2. Money Bill: Under article 110(1) of the Constitution, a bill is deemed to be a money bill if it contains only provisions dealing with imposition, abolition, remission, alteration or regulation of any tax, matters of Consolidated Fund, provides imposition of fines etc. The Speaker’s certificate on a money bill once given is final and cannot be challenged. A money bill can be introduced in Lok Sabha only on the recommendation of the President.

3. Finance Bills: Financial bills are those bills which relates to revenue and expenditure. Financial bills are of three Kinds-Money Bills-Article 110, financial bills (I) - Article 117 (1), Financial bills (II)-Article 117 (3). All money bills are financial bills, but all financial bills are not money bills. Financial bill (I) can be introduced only in the Lok Sabha and not in the Rajya Sabha and can be introduced only on the recommendation of the president. Financial bill (II) can be introduced in either House of parliament and recommendation of the President is not necessary for its introduction. Both the houses have power to reject or amend the bill.

4. Constitution Amendment Bills: Bills seeking to amend all other provisions of the Constitution including those enumerated in the proviso to article 368(2) are called as Constitution Amendment Bills. These Bills can be introduced in either House of Parliament, but not in the state legislature. These bills do not require prior permission of the president and can be introduced either by a minister or by a private member.

There are three types of constitutional amendment bills:

(1) Bills that need to be passed by parliament by simple majority
(2) Bills that need to be passed by Parliament by the special majority
(3) Bills that need to be passed by Parliament by the special majority and also to be ratified by not less than one-half of the state legislatures

Assent to Constitution Amendment Bills: Constitution Amendment Bills passed by Parliament by the special majority and, where necessary, ratified by the requisite number of state legislatures are presented to the President. The president must give his assent to the bill. He can neither withhold his assent nor return the bill for reconsideration of the parliament. The bill becomes an act after president’s assent.

Joint Sitting of two houses: The joint sitting is a provision provided by the constitution to resolve the deadlock on a bill between the two houses. A deadlock might arise, if after a bill has been passed by one House and transmitted to the other House.

·       Funds provided to Government of India

·       Multifunctional role of Parliament

The Constitution of India enumerates the powers and functions of the Indian Parliament in Chapter II of Part V of the constitution.

The powers and functions of the Indian Parliament may be generalized in the following heads. While discussing these powers it should be borne in mind that they are enjoyed and exercised by both the Houses of Parliament with a few difference

1.    Law-making Powers: The Parliament of the Union Government is competent to legislate on all matters that are enumerated in the Union List and the Concurrent List of the Constitution.

2.    In the Concurrent List, the Parliament and the State Legislatures have joint jurisdiction. However, in case of conflict over any law made under the Concurrent List, the Union Law will prevail upon the State Law provided the State Law has not received the earlier assent of the President.

3.    The Union Parliament is also competent to make law over the State List under the following circumstances: -

4.    When the proclamation of Emergency is in operation the Parliament can make law in any item included in the State List. In case of the declaration of President’s Rule in any State under Article 356 of the Constitution, the Parliament is competent to legislate on any matter included in the State List (Article 250).

5.    In normal times when Rajya Sabha passes a resolution by two-thirds majority of its members present and voting that it is necessary in the national interest that Parliament should make law with regard to any matter enumerated in the State List, then Parliament is competent to make law in that matter for the whole or any part of India (Article 249).

6.    The Parliament is competent to legislate on any matter pertaining to the State List if such legislation is deemed necessary for the implementation of international treaties or agreements concluded with foreign States (Article 253).

7.    If the legislatures of two or more States pass a resolution to the effect that it is desirable to have a parliamentary law in any matter in the State List, then the Parliament can make law for those States (Article 252).

8.    Except in the above-mentioned occasions, the Parliament of India is not competent to make law in the State List. If at any time, the Parliament encroaches upon the rights of the States, the Supreme Court can prevent such encroachment of the Parliament through its power of Judicial Review. The Parliament must make law in accordance with the provisions of the Constitution.

9.    Financial Powers: In the financial domain the Parliament is the supreme authority. Not a single paisa can be spent by the Executive without parliamentary sanction.

10.        The budget is annually prepared by the Cabinet and it is submitted for the approval of the Parliament. The Parliament also approves all proposals of the Union Government to impose taxes.

11.        Money Bills can originate only in the Lok Sabha. After they have been passed by the Lok Sabha, they are sent to the Rajya Sabha for approval. Within 14 days the Rajya Sabha is expected to give its consent. Thus the power of the Rajya Sabha is limited with regards to money Bills.

12.        Further, to keep a vigil on the way the Executive spends the money granted by the legislature, there are two Standing Committees of the Parliament. They are the Public Accounts Committee and the Estimates Committee. These two Committees exercise legislative control over the Executive on behalf of the Parliament.

13.        There are certain items of expenditure included in the Budget which are not vatable in the Parliament. These items include salary of the President, the Judges of the Supreme Court, and the members of the Union Public Service Commission etc. They are charged from the Consolidated Fund of India.

Control over the Executive

1.    The Parliament keeps a day-to-day watch over the activities of the Executive. As ours is a parliamentary system of Government, the Executive is responsible to the Parliament for all acts of omissions and commissions.

2.    The Parliament may remove a Cabinet out of power by a vote of no confidence. It may reject a bill or a budget proposal of the Cabinet.

3.    The Members of the Parliament have the right to ask questions and supplementary question to the Ministers. Any lapses or mishandling on the part of the Government can be exposed in the Parliament.

4.    Adjournment motions may be moved to discuss serious administrative lapses. Through adjournment motions, matters of public importance can be brought to the notice of the Government by the members of the Parliament.

5.    There is a Committee on ministerial assurances appointed by the Parliament to see that the promises made to the Parliament by the respective ministers are fulfilled. In this matter the Lok Sabha is more powerful than the Rajya Sabha.

Amending Power

1.    The Parliament is competent to amend the Constitution.

2.    Both the Houses have equal powers so far amendment of the Constitution is concerned.

3.    A bill to amend the Constitution may originate either in the Rajya Sabha or in the Lok Sabha.

4.    Unless it is passed by both the Houses with the required majority, the amendment cannot be effective.

Judicial Functions

1.    The Constitution vested in the Parliament the power to impeach the President, the Vice-President, and the other High Federal Officers like the Judges of the Supreme Court and High Courts, Auditor-General, Members of the Public Service Commission etc.

2.    Impeachment is a judicial trial of the Parliament to remove high federal officers. While the resolution for impeachment is moved in one House, the other House sits as a Court of Trial. Approval of both the Houses is necessary for any impeachment.

3.    Further, the Parliament possesses punitive powers to punish its members, and non-members who have broken the privileges of the House. This power is not ordinarily subject to the review of the Court.

4.    In a Parliamentary system of Government, legislative privileges are immune from judicial control.

Electoral Function

1.    The Parliament participates in the election of the President and the Vice-President.

2.    It also elects some of its members to various Committees of the Parliament. The Vice- President is elected by both the Houses of the Parliament.

3.    He is removable by a resolution of the Rajya Sabha agreed to by the Lok Sabha.

4.   Deliberative Function: The Parliament is a forum for deliberation on questions of public importance.

5.    It also serves as a ventilating chamber of public grievances.

6.    The Parliament is a mirror of national life. Whatever happens in various parts of the country can be discussed in its forum.

7.    It is often described as “a nation in miniature”. Of all the functions of the Parliament this is an important function in a democratic country.

8.    Resolutions passed by the Parliament after days of deliberation may have the force of law.

·       Parliamentary Committees

Ø Parliamentary committees are established to study and deal with various matters that cannot be directly handled by the legislature due to their volume and complexity.

Ø These committees are made up of MPs either from one or both Houses.

Ø Both Houses of Parliament have a similar committee structure, with a few exceptions.

Ø Their appointment, terms of office, functions and procedure of conducting business are also more or less similar.

Ø They are regulated as per rules made by the two Houses under Article 118(1) of the Constitution.

Ø Broadly, Parliamentary Committees are of two kinds - Standing Committees and ad hoc Committees.

Ø The former is elected or appointed every year or periodically and their work goes on, more or less, on a continuous basis.

Ø The latter are appointed on an ad hoc basis as need arises and they cease to exist as soon as they complete the task assigned to them.

How does it work?

·       A bill can usually be referred to a parliamentary committee in 3 ways.

·       First, the minister piloting the bill can seek the permission of the House to refer the Bill to a committee.

·       Second, the Chairman/Speaker has the discretion in referring the bill to a committee.

·       Usually, when ministers are trying to build political consensus on a bill, they welcome its referring to a committee.

·       However, when in a hurry, they impress upon the Chairman/ Speaker not to refer the bill to a committee.

·       This is when the third mechanism comes into play.

·       When a bill reaches a House where the government does not have a majority, the MPs can mobilise the numbers to move a motion to refer the bill to a committee.

·       However, there is an additional dimension to the scrutiny of bills by committees.

·       Whenever the government and Opposition are at extremes in terms of the provisions, the bills are generally not referred to a committee.

How significant are Parliamentary Committees?

·       The idea behind the committee system in Parliament is to provide a specialised forum for deliberation on policy issues.

·       This ensures that the deliberations are not constrained by the limited number of sitting days as in the case of Parliament.

·       Debates in committees are more technical and so, the deliberations require time and stretch for a few months.

·       [Unlike this, a debate on the floor of the House allows for political debate and can be wrapped up in a few hours.]

·       Besides this, the main purpose is to ensure the accountability of Government to Parliament through more detailed consideration.

·       The purpose is to strengthen the administration by investing it with more meaningful parliamentary support.

·       The committee, over the years, has worked well in strengthening the country’s legislative process.

·       Moreover, if a bill is referred to a committee, its legislative journey slows down.

·       This is because the Bill can be debated in the house only after the committee has submitted its report.

·       This slowdown of legislation provides the much needed time in building consensus, despite being a source of continued tension between the ruling party and Opposition.

What is the way forward?

·       A robust law making process requires thorough scrutiny by Parliament.

·       Such scrutiny should not be impacted by either the strength of numbers in Parliament or political agreement on issues.

·       This robustness can be ensured by requiring that all Bills be referred to Parliamentary committees.

·       Exceptions to this rule should be strictly defined and the exceptions explained to Parliament.

·       In addition, the committees should be strengthened to scrutinise and present their reports in a timely fashion.

·       These mechanisms will ensure that all bills passed by Parliament, irrespective of the party in power, go through a well laid-out process of debate.