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INDIAN PARLIAMENT SYSTEM, Study notes of Law

Law

Detailed notes on indian parliamentary system,with complete and description about Indian parliament.

Typology: Study notes

2021/2022

Available from 05/17/2025

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PARLIAMENT
[Article=79-122]
It is creation of the constitution and derives its power from the constitution itself. It is a
legislative body of government and not a sovereign body.
INDIAN PARLIAMENT
THE PRESIDENT[ART52-62]
RAJYA SABHA[ART-80,89,90,91,92]
LOK SABHA[ART-81,82,83,93,94,95,96]
ART-79
There shall be a parliament for the union which shall consist of the president, Rajya Sabha, Lok
Sabha.
Rajya Sabha
Council of states, the upper house
Permanent house
Not subject to dissolution
Members elected for 6 years
1/3rd members retire after every 2 years [art 83(1)]
80(1)-Maximum members-250
art-80(1)(a) =12 members to be nominated by president
art-80(1)(b) =238 are representatives of the states and UT’s
80(2)- the allocation and the number of seats allocated are specified in 4th
schedule
80(3)- the nominated members are chosen from the field of LITERATURE,
SCIENCE, ART and SOCIAL SCIENCE. Having special knowledge or
practical experience in the given fields. These members do not participate in
presidents’ election.
80(4)- members are elected by members of legislative assemblies in
accordance with the system of proportional representation by means of single
transferable vote.
80(5)- representatives from UT’s are chosen by the law as the parliament
would determine.
CHAIRMAN AND DEPUTY CHAIRMAN OF RAJYA SABHA
Art 89(1)- VICE PRESIDENT shall be the ex-officio chairman of the house
Art 89(2)- Rajya Sabha shall also elect a member of the house to be deputy chairman
Art 90(a)- deputy chairman shall vacate the office if he ceases to be a member of
council.
Art 90(b)- he may resign his office by writing to the chairman.
Art 90(c)-if he is removed by resolution of the council passed by a majority, such
resolution can only be renewed by giving 14 days prior notice
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PARLIAMENT

[Article=79-122] It is creation of the constitution and derives its power from the constitution itself. It is a legislative body of government and not a sovereign body.

INDIAN PARLIAMENT

THE PRESIDENT [ART52-62]

RAJYA SABHA [ART-80,89,90,91,92]

LOK SABHA [ART-81,82,83,93,94,95,96]

ART-

There shall be a parliament for the union which shall consist of the president, Rajya Sabha, Lok Sabha.

Rajya Sabha

 Council of states, the upper house  Permanent house  Not subject to dissolution  Members elected for 6 years  1/3rd^ members retire after every 2 years [art 83(1)]  80(1)-Maximum members- art-80(1)(a) =12 members to be nominated by president art-80(1)(b) =238 are representatives of the states and UT’s  80(2)- the allocation and the number of seats allocated are specified in 4th schedule  80(3)- the nominated members are chosen from the field of LITERATURE, SCIENCE, ART and SOCIAL SCIENCE. Having special knowledge or practical experience in the given fields. These members do not participate in presidents’ election.  80(4)- members are elected by members of legislative assemblies in accordance with the system of proportional representation by means of single transferable vote.  80(5)- representatives from UT’s are chosen by the law as the parliament would determine. CHAIRMAN AND DEPUTY CHAIRMAN OF RAJYA SABHA  Art 89(1)- VICE PRESIDENT shall be the ex-officio chairman of the house  Art 89(2)- Rajya Sabha shall also elect a member of the house to be deputy chairman  Art 90(a)- deputy chairman shall vacate the office if he ceases to be a member of council.  Art 90(b)- he may resign his office by writing to the chairman.  Art 90(c)-if he is removed by resolution of the council passed by a majority, such resolution can only be renewed by giving 14 days prior notice

 Art 91(1)-if the office of chairmen is vacant duties are performed by the deputy chairman. If the deputy chairman is absent a member is chosen from the council.  Art 91(2)-if both are absent then such person as may be determined by the RULE PF PROCEDURE of the council and if no such person is present such other person as may be determined by the council shall act as chairman.  Art 92(1)- while the resolution for removal is under consideration, they both cannot preside in the house.  Art 92(2)- the chairman shall have the right to speak and take part in the proceedings but he/she has no right to vote on such resolution or any other proceedings.

LOK SABHA

 House of people, lower house  Direct election on the basis of universal adult franchise  Art 81(1)- membership= Art 81(1)(a)- not more than members 530 are elected by voters Art 81(1)(b)- not more than 20 members to represent UT’s  Art 81(1) is subject to provisions of art 331(the president may nominate 2 members of Anglo-Indian community.  The representatives of UT’s shall be elected in the manner prescribed by parliament by law.  Art 81(2)(a)- each state is allotted a number of seats in the Lok Sabha in such manner that the ratio between that number and its population, so far as practicable is the same for all the states.  Art 81(2)(b)- it provides uniformity of representation. For the elections of Lok Sabha is divided into territorial constituencies  Art 81(3)- the population for this purpose will be ascertained on the basis of the last preceding census.  Art 82-Readjustment of seats After the completion of each census A) allocation of seats of Lok Sabha b) division of each state into territorial constituencies shall be readjusted in such a manner as prescribed by the parliament by law  42 nd^ constitutional amendment act, It added a new proviso to art 81 and 82, which provided that hr population used for the purpose of above articles shall be obtained on the basis of 1971 and 2000 census.  84 th^ constitutional amendment act, The year 2000 was substituted with year 2001 and this will be frozen till year 2026. No readjustment of the territorial constituencies on the basis of new census until relevant figures are ascertained from the first census taken after 2026 have been published.  Art 83(2)-Tenure of Lok Sabha -5 years -president may however dissolve it earlier

  • during emergency the tenure can be extended for 1 year at a time  it has to cease after 6 months of revocation of emergency proclamation

sessions of the houses. The stipulation of six months intervening period is inapplicable to a dissolved house  Article 85(2)(a)- PROROGATION-it merely ends a session. it does not end the life of the house. the house meets again after prorogation.power to prorogue is vested in president. A pending bill or business does not lapse on the prorogation. The house ceases to do a business at a particular time. It takes up pending business for consideration after the prorogation.  Article 85(2)(b)- DISSOLUTION- Ends the very life of the house , genersl election then must be held to elect a new LOK SABHA as it is only subject to dissolution. Power to do so is vested in president, but he acts on the advice of PM  Effect of dissolution on the business pending in the house: o A bill not passed by lok sabha which is pending in rajya sabha – it does not lapse o Bill pending in lok sabha lapses o Bill passed by lok sabha but pending in rajya sabha lapses until it is saved by presidents intention to call a joint sitting. QUALIFICATION FOR MEMBERSHIP OF PARLIAMENT (Article-84) a) Citizen of india b) Age not less 25 years for lok sabha and 35 years for rajya sabha c) Any other qualification prescribed by the parliament d) Not to be a proclaimed offender e) Name on electoral list f) Not to be holding office of profit DISQUALIFICATION OF MEMBERS (Article-102,103)  Article 102(1)- grounds for disqualification a) Holds office of profit b) Unsound mind c) Undischarged insolvent d) Not a citizen or voluntarily acquired citizenship of foreign state e) Disqualified by or under any law  Article 102(2)-a person shall be disqualified for being a member if he is so disqualified under the 10th^ schedule.  Article 103(1)- decision on question as to disqualification-if any question arises whether a member of either house of parliament has become subject to disqualification underart102 shall be reffered to PRESIDENT, his decision shall be final  Article 103(2)-president need to obtain the opinion of election commission of india before giving any decision. VACATION OF SEATS (Article 101)  Article 101(1)-no member shall be a member of both the houses of parliament.

 Article 101(2)-no person shall be a member of both the houses or state legislature, if he is chosen a member of both he as the president by law suggestshim to vacate the seat or he resigns from it  Article 101(3)(a)- seat becomes vacant if he or she is disqualified on the grounds mentioned in clause 1 or 2 0f art 102.  Article 103(3)(b)-if he resigns by writing to the speakeror chairman  Article 101(4)- if without permission a person is absent for 60 days. his seat will be declared vacant , a declaration is necessary for it. OATH AND AFFIRMATIONS (Article-99) Before taking seat in the house every member of a house of parliament has to take oath or affirmation before PRESIDENT or same person appointed by him for this purpose .this must be done according to the form specified in the 3rd schedule. Unless the member do not take the oath he does not become a member of the house. VOTING IN HOUSE  Article 100(1)- all the matters are decided by the principle of majority voting, also in case of equality of votes – presiding officer shall have a casting vote.  Article 100(2)- functions of either house shall not be hindered just because of vacant seats.  Article 100(3)-a quorum is required to carry out the business, the quorum consists of 1/10th^ members  Article 100(4)- if there is no sufficient members in the quorum the speaker or chairman can adjourn or suspend the proceedings. PENALTY FOR SITTING AND VOTING  Grounds for penalty- a) Sits and votes as member before taking oath b) When disqualified to be a member of either house or is not qualified c) He know he is prohibited from siting and voting  PENALTY= rs.500 for each day on which he sits or votes in the houses. SALARIES AND ALLOWANCES OF MEMBERS Members are entitled to receive salaries and allowances from time to time as may be determined by parliament by law. MOTIONS IN THE HOUSES OF PARLIAMENTAdjournment motion

o No-confidence motions are significant political events that usually occur when there is a perception of the government losing majority support.Confidence Motion: o It is passed when the governments formed with wafer-thin majority have been called upon by the President to prove their majority on the floor of the House o Passage indicates the government's continued mandate to govern.  Privilege Motion: o A member can initiate this motion when they believe a minister has violated the privileges of the House or its members by withholding crucial information about a case or providing inaccurate and manipulated facts. o The primary aim of this motion is to express disapproval and criticize the respective minister's actions.Motion of Thanks: o It is a parliamentary procedure to express gratitude for the President's Address at the commencement of Lok Sabha. o 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.Cut Motion: o Proposed to reduce the amount of a demand in the budget. o Their passage by the Lok Sabha amounts to the expressions of want of parliamentary confidence in the government and may lead to its resignation. COMPTROLLER AND AUDITOR GENERAL OF INDIA (art-148-151)

On 7th August 2020, Girish Chandra Murmu has been appointed as the new Comptroller and Auditor General of India (CAG.)  Art 148(1)-there shall be a comptroller and auditor general in india. He is appointed by the president of india.  Art 148(2)- he has to take oath before entering upon his office before the president or some other person appointed by the president for that purpose.  Art 148(3)- his salary is charged on the consolidated fund of india and cannot be varied to his disadvantages.  Art 148(4)- after he has ceased to hold his office , he shall not be eligible to hold any office under central or state government.  Art 148(5)- he may be removed from his office in the same manner and on similar ground as a judge of the supreme court is removed from his office. DUTIES AND POWERS  The CAG has to perform such duties and exercise power in matters related to the accounts of the union and states as may be prescribed by any law.  While the HC and SC under art 226 and art 32 respectively exercise judicial review.  Duties and powers of the CAG can not be taken away by parliament being the basic structure of the constitution.  CAG performs two duties-art 150

  1. As an accountant he controls all withdrwal of money disbursed by central and state governments. There accounts shall be kept in such form as the president may prescribe
  2. He shall keep the account of the union and of the state in the manner prescribed by the president. Art 151-AUDIT REPORTS  ART151(1)- the report of CAG relating to the accounts of the union shall be submitted to the president , who will lay them before the parliament.  ART151(2)- he shall submit reports of accounts of state to the governor , who will it before the legislature of the state. PARLIAMENTARY PRIVELEGES Parliamentary privileges, i.e. exceptional rights or advantages, are granted to the members of legislatures worldwide. Thus, in most democratic countries, the legislatures and their members enjoy certain privileges to function effectively. Privilege though part of the law of the land, is, to a certain extent an exemption from the ordinary law. It would not be wrong to say that privilege is to Parliament what prerogative is to the Crown. Just as the Crown can exercise prerogatives without help or hindrance from Parliament or the judges, the House of the Parliament can exercise privileges without help or hindrance from the Judges. India is one of those rare examples in history where representative institutions were made available by a foreign government by slow degrees and evolved gradually. In the Indian context, the privileges and immunities enjoyed by Lok Sabha and Rajya Sabha are called parliamentary privileges.

true reports of the parliamentary proceedings except the same related to the house’s secret sitting.  The Indian parliament has a right to exclude strangers from its proceedings.  The secret sittings of the houses are also a part of the parliamentary privilege.  The two houses can make rules for:

  1. the regulation of their procedures
  2. Conduct of their business.
  3. Adjudication of their work  The parliament can suspend or expel members in case of breach of privilege  The parliament is entitled to punish the outsiders or the members for any breach of privilege by using any of the following:
  4. Reprimand
  5. Admonition
  6. Imprisonment  The parliament has a right to receive immediate information on the arrest, detention, conviction, imprisonment and release of a member  Any enquiries can be initiated by the Indian parliament and so can the right to call upon the witnesses  The proceedings of the houses and committees of the parliament can’t be inquired by the court  No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the permission of the presiding officer INDIVIDUAL PRIVILEGES  No arrest of a member of the parliament can take place during its session. Also, members can’t be arrested 40 days before and after the session’s beginning and end of the session.  The members of parliament are entitled to the freedom of speech in the houses. They are not liable to any court proceedings for the speech given in the parliament or its committees. However, it is regulated using the rules guiding such provisions of the house.  They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session. MISCELLANEOUS
  7. The provisions related to the parliamentary privileges of the parliament (members and committees) can be amended using the simple majority of the parliament.
  8. President is not entitled to parliamentary privileges.
  9. Without taking the oath before the Indian President, the privileges and immunities are not granted to the member of the parliament.
  10. The Lok Sabha speaker is the guardian of the Lok Sabha members’ privileges and the committees of this house of the parliament.
  11. The privilege of the deputy speaker of Lok Sabha:  He automatically is granted the seat of the chairman of the parliamentary committee he is a member of.
  1. There is a motion named ‘Privilege Motion‘ used to censure a minister for the breach of the parliamentary privilege.
  2. Adjournment motion and token cut motion can’t be used to raise the question of privilege.
  3. Lok Sabha has the exclusive privilege to vote on the demand for grants.
  4. The parliament has the judicial power to punish the members of the houses or the outsider for any breach of privilege.
  5. There is a committee called ‘Committee of Privileges’ which is of semi-judicial nature. It is responsible for examining the privileges’ breach. There are 15 members in the committee of privileges for Lok Sabha while there are 10 members for the same committee in Rajya Sabha.
  6. The persons who are allowed to speak in the proceedings of either house of the parliament are also entitled to the privileges of the Parliament. Example – Attorney General of India and Union Ministers.