Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Theme 5: Legislature

Essentials of a Parliamentary System

Feature Description Key Points Additional Considerations

● Can lead to executive

●
Blurs separation of dominance if majority is
powers large
● Executive branch derived ● Ensures executive has ● Promotes efficiency in
Executive-Legisla from legislature legislative support law-making
tive Fusion ● PM and ministers typically ● Facilitates policy ● May reduce checks and
MPs implementation balances

● Cabinet collectively ● Promotes cabinet unity ● Can stifle internal debate

accountable to parliament ● Ministers must resign ● Ensures consistent
Collective ● Ministers must publicly if they disagree government message
Responsibility support all cabinet ● Strengthens party ● May lead to groupthink in
decisions discipline decision-making

● Head of state performs

ceremonial duties ● Can provide constitutional
● PM leads government safeguard
● Ceremonial head of state and makes key ● May act as neutral arbiter
(monarch/president) decisions in political crises
Dual Executive ● Effective executive power ● Separates symbolic ● Allows for national unity
held by PM and cabinet and political leadership figure above politics

● Links executive power ● May result in frequent

to electoral success leadership changes
● PM is leader of majority ● Ensures democratic ● Encourages responsive
Legislative party/coalition legitimacy governance
Leadership ● Government requires ● Can lead to rapid ● Can lead to short-term
ongoing confidence policy changes policy thinking

● Allows for responsive

governance ● Creates uncertainty in
● Can be used electoral timing
● Early elections if strategically by ruling ● Can be manipulated for
government loses party political advantage
Flexible Terms confidence ● May lead to political ● Allows for resolution of
● No fixed election dates instability deadlocks

● Can lead to 'elective

● Limits executive dictatorship' with strong
power majority
● Parliament is supreme ● Ensures democratic ● Allows for rapid legal
Parliamentary law-making body control of law-making changes
Supremacy ● Executive subordinate to ● May be limited by ● May be constrained by
legislature constitution or courts international obligations

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Feature Description Key Points Additional Considerations

● Ensures government ● Receives public funding in

scrutiny some systems
● Opposition formally ● Provides alternative ● Helps train future
Official recognized government-in-waiting government leaders
Opposition ● May include shadow ● Contributes to ● Can lead to adversarial
cabinet democratic debate political culture

● May devolve into political

● Enhances government theatre
accountability ● Provides regular media
● Regular sessions for MPs ● Allows for public exposure for politicians
to question ministers scrutiny of policies ● Tests ministers'
Question Time ● Often televised or ● Can be politically competence and
publicized charged knowledge

● Ultimate check on ● Rarely used in practice in

executive power some systems
● Parliament can remove ● Ensures ongoing ● Can be used as political
No Confidence government parliamentary support threat
Vote ● May trigger new elections ● Can lead to political ● May be subject to
or government instability constitutional restrictions

● Facilitates stable
governance ● Can lead to rubber-stamp
● May limit individual parliaments
● Strong party cohesion in MP independence ● Reduces representation of
voting ● Crucial for diverse constituent views
Party Discipline ● Whip system to ensure maintaining ● Strengthens role of party
party line government control leadership

● Ensures ongoing ● Can lead to blame-shifting

democratic control between departments
● Executive accountable to ● Facilitates ministerial ● Encourages ministerial
Responsible legislature accountability oversight of bureaucracy
Government ● Ministers answer for their ● Allows for rapid ● May result in frequent
departments response to crises ministerial resignations

● Provides platform for

● Enhances legislative policy expertise
oversight development
● Specialized committees ● Allows for detailed ● Can influence government
Parliamentary scrutinize government policy examination decision-making
Committees ● Can summon witnesses and ● Can be cross-party in ● May become forums for
documents composition political grandstanding

● Can lead to rapid turnover

● Ministers responsible for ● Ensures clear lines of in ministries
Ministerial their departments accountability ● May encourage ministers
Responsibility ● Expected to resign for ● Promotes careful to micromanage
major departmental failures ministerial oversight departments

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Feature Description Key Points Additional Considerations

● Reinforces importance ● Sometimes honoured more

of competent in breach than observance
governance

Composition of the Parliament

Component Description Additional Details

Head of State Ceremonial leader, a president (In the Provides constitutional oversight and performs ceremonial
(Ceremonial) Indian scenario). duties.

Upper House Legislative chamber, e.g., Rajya Sabha, Chaired by Vice President; includes panels and committees.

Main legislative chamber, e.g., Lok Led by Speaker and Deputy Speaker; includes panels and
Lower House Sabha. committees.

Presides over the Lower House, Elected by members; interprets rules; decides on procedural
Speaker ensuring discipline and order. motions; represents the House's authority.

Assists and stands in for the Speaker Performs Speaker's duties if absent; elected from among
Deputy Speaker when necessary. members; may come from opposition as per convention.

Head of government, leader of majority

Prime Minister party/coalition. Responsible for forming government and policy direction.

Executive members appointed by the Drawn from parliament; manage specific government
Cabinet Ministers Prime Minister. departments.

Opposition Representatives from parties not in Provide checks on government actions; may have a shadow
Members power, forming the opposition. cabinet.

MPs who are not part of the

Backbenchers government or shadow cabinet. Support party policies and represent constituents.

Specialized groups for detailed Include Standing, Ad-hoc, Select, and Joint committees for
Committees legislative work (LS+RS). focused oversight

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Component Description Additional Details

Senior administrative officer in each

Secretary General house (LS+RS). Manages legislative processes and staff support

Rules and Framework governing parliamentary Include Constitution, Rules of Procedure, and established
Conventions procedures. conventions guiding operations

Why is the ‘President’ and the ‘Governor’ a part of the Legislature ?

The President and Governor are part of the legislature in India due to their constitutional roles and powers
related to the legislative process, though they are not members of the legislative bodies themselves. Here
are the key reasons:
Role in the Legislative Process:
President's Role:
1. The President has the power to summon, prorogue, and dissolve the Parliament.
2. Bills passed by Parliament require the President's assent to become laws. The President can:
o Give assent to the bill
o Withhold assent
o Return the bill for reconsideration (except money bills)
3. The President can promulgate ordinances when Parliament is not in session.
Governor's Role:
1. The Governor can summon, prorogue, and dissolve the State Legislature.
2. Bills passed by State Legislatures require the Governor's assent. The Governor can:
o Give assent to the bill
o Withhold assent
o Return the bill for reconsideration (except money bills)
o Reserve certain bills for the President's consideration
3. The Governor can promulgate ordinances when the State Legislature is not in session.
Special Powers:
1. The President can nominate 12 members to the Rajya Sabha and 2 members to the Lok Sabha
(from the Anglo-Indian community).
2. The Governor can nominate 1/6th of the members to the Legislative Council and 1 member to the
Legislative Assembly (from the Anglo-Indian community).

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Address to the Legislature:

1. The President addresses the joint session of Parliament at the beginning of the first session after
each general election and the first session of each year.
2. The Governor addresses the State Legislature at the beginning of the first session after each
general election and the first session of each year.
Financial Powers:
1. Money bills can only be introduced with the prior recommendation of the President (in
Parliament) or Governor (in State Legislature).
2. The President and Governor present the annual financial statement (budget) to their respective
legislatures.

Comparative Review of Lok Sabha and Rajya Sabha

Aspect Lok Sabha Rajya Sabha

Position in
Parliament Lower House Upper House

Constitutional Basis Article 81 of the Constitution Article 80 of the Constitution

Continuous body. Members retire in 1/3rd

Tenure 5 years, unless dissolved earlier proportion every 2 years

Member Tenure 5 years 6 years

Representation Directly elected representatives of the people Representatives of states and union territories

Constituency Territorial constituencies in states and union territories States and union territories

Proportional representation by single

Election Format First-past-the-post system transferable vote

Elected by members of state legislative

Election Details Adult universal suffrage (18 years and above) assemblies

Strength of House 543 elected members 245 members (233 elected, 12 nominated)

Maximum Allowed 552 (550 elected, 2 nominated - Anglo-Indian, now

Strength abolished) 250 (238 elected, 12 nominated)

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Aspect Lok Sabha Rajya Sabha

Minimum Age for

Membership 25 years 30 years

Dissolution Can be dissolved before completing its term Permanent body, not subject to dissolution

- Power to transfer a subject from State List to

Union List
- Creates All India Services
- Approves proclamation of emergency if Lok
Sabha is dissolved
- Introduces and passes money and finance bills - No provisions for moving a ‘no confidence
- Can pass vote of no-confidence to remove the motion’ in Rajya Sabha
government - An ‘Adjournment Motion’ cannot be
Special Powers - Approves proclamation of emergency introduced or passed in the Rajya Sabha.

Can introduce and pass all bills except money

Legislative Powers Can introduce and pass all types of bills bills

Presiding Officer Speaker (elected by members) Chairman (Vice President of India ex-officio)
*Not a member of Rajya Sabha

Deputy Presiding
Officer Deputy Speaker (elected by members) Deputy Chairman (elected by members)

Quorum 10% of total membership 10% of total membership

131 seats for SC/ST

33% seats reserved for women (as per 106th
Amendment, to be implemented after the next census
Reserved Seats and delimitation exercise) No reservation

12 members nominated by President for their

expertise in literature, science, art, and social
Nomination No nominated members currently service

Representation of Fixed number of seats for each state,

States Based on population of the state regardless of population

Role in Government
Formation Government is responsible to Lok Sabha No direct role in government formation

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Aspect Lok Sabha Rajya Sabha

Can only make recommendations on money

Voting on Budget Has the final say on budget and money bills bills

In case of deadlock, joint session can be called where Participates in joint session, but at a numerical
Joint Session Lok Sabha has advantage due to larger membership disadvantage

Role of Rajya Sabha

Role Description Examples

● In 2019, Rajya Sabha members from

● Represents the interests of states and union southern states opposed the imposition
territories in the national legislature, providing a of Hindi in non-Hindi speaking states.
platform for regional voices and concerns and ● During debates on GST implementation,
Federal Chamber helping maintain federal balance by safeguarding Rajya Sabha members ensured state
states' rights. interests were protected.

● In 2015, Rajya Sabha sent back the Land

● Acts as a chamber of "second thought" to review Acquisition Bill to Lok Sabha with
and revise legislation passed by Lok Sabha, amendments.
Revisionary providing checks and balances on hasty or populist ● In 2019, Rajya Sabha suggested changes
Chamber legislation and can delay non-money bills for up to to the Surrogacy (Regulation) Bill which
6 months. were later incorporated.

● During the 2014 general elections when

Lok Sabha was dissolved, Rajya Sabha
● As a permanent house not subject to dissolution, it continued to function.
provides continuity in policies and governance, with ● Rajya Sabha ensured continuity of
Continuity one-third members retiring every 2 years, ensuring parliamentary functioning during the
both continuity and change. COVID-19 pandemic in 2020.

● Extensive debates on issues like

demonetization (2016), Citizenship
Amendment Act (2019), and farm laws
● Serves as a forum for in-depth debates on important (2020).
Deliberative Role national issues, allowing for expression of diverse ● Regular discussions on India's foreign
viewpoints, including dissent. policy and international relations.

● Nomination of experts like Dr.

Manmohan Singh (economist), Sachin
● Provides representation to experts and eminent Tendulkar (sports), Javed Akhtar (arts).
Representing persons through nominations, allowing for ● Representation of minority communities
Diverse Interests representation of minorities and other groups who through members like Ghulam Nabi
may not win direct elections. Azad, Oscar Fernandes.

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Role Description Examples

● In 1961, Rajya Sabha passed a

resolution to create the All India
Services (IAS, IPS, IFS).
● In 2019, Rajya Sabha's approval was
crucial for the constitutional amendment
● Can authorize Parliament to make laws on state revoking special status of Jammu and
subjects (Article 249), can create new All-India Kashmir.
Special Powers Services (Article 312), and has equal role in ● Continuous conversations about AIJS as
constitutional amendments. a possible new addition.

● Regular questioning of ministers during

Question Hour.
● Debates on issues like Rafale deal
(2018), handling of COVID-19
pandemic (2020-21).
● Key ministers like S. Jaishankar
Executive (External Affairs) and Nirmala
Accountability ● Questions and debates government policies, with Sitharaman (Finance) are from Rajya
ministers able to be from Rajya Sabha. Sabha.

Role of ‘State Legislative Councils’

Aspect Description Examples/Details

● Total members not to exceed 1/3 of

Legislative Assembly strength
● 1/3 elected by MLAs ● Minimum of 40 members
● 1/3 elected by local bodies ● Uttar Pradesh has the largest council with
● 1/12 elected by graduates 100 members
Composition ● 1/12 elected by teachers ● Tenure of 6 years with 1/3 retiring every 2
● 1/6 nominated by Governor years

● Review and revise legislation passed by ● Karnataka Legislative Council's

Assembly suggestions on the APMC Amendment
● Can delay ordinary bills for up to 4 Bill in 2020
months ● Maharashtra Legislative Council's
Revisionary Role ● No power over money bills amendments to the Cooperative Societies
● Can suggest amendments to bills (Amendment) Bill in 2019

● Nomination of experts in fields like

literature, science, arts, cooperative
● Provides platform for experts and movement and social service.
eminent persons ● Representation of local bodies ensures
Representation of ● Represents interests of various groups grassroots connection
Diverse Interests ● Allows representation of minorities and ● Graduate and teacher constituencies
special interests provide representation to educated classes

Continuity in ● Permanent house not subject to

Governance dissolution ● Ensures some continuity during Assembly
● 1/3 members retire every 2 years elections or dissolutions

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Aspect Description Examples/Details

● Ensures some stability in legislative ● Provides institutional memory in

process governance
● Helps in smooth transition during changes
in government

● Debates on issues like agricultural

● Platform for in-depth discussions on state reforms, education policies
issues ● Discussions on state budgets and
● Allows expression of diverse viewpoints development plans
Forum for Debate ● Can initiate discussions on matters of ● Debates on regional issues and
public interest state-specific challenges

● 14 days limit for money bills

● Cannot prevent passage of money bills ● 3 months delay for ordinary bills
Limited Powers ● Can only delay other bills, not stop them ● Can only make recommendations on
● No vote on confidence motions money bills, not amendments

● Members not directly elected by general ● Elections through local bodies, graduates,
public teachers constituencies
Indirect ● Criticism of being less democratic ● Criticism of potential for elite capture
Representation ● Argument for representing specialized ● Debate on balance between direct
constituencies democracy and specialized representation

● Instances of former ministers or defeated

● Can be used to accommodate defeated candidates being nominated
politicians ● Debates on the quality of nominated
● Criticism of being a "parking lot" for members
Potential for Misuse party loyalists ● Concerns about the council being used for
● Concerns about political maneuvering political rehabilitation

● Maintenance costs, salaries, and

● Additional expense for state exchequer allowances for members
Financial ● Debate on cost vs. benefit ● Expenditure on elections to the council
Implications ● Arguments for and against bicameral ● Debate on whether the benefits justify the
legislature costs

● Present in 6 states [Andhra Pradesh,

Bihar, Karnataka, Maharashtra,
Telangana, Uttar Pradesh.]
● Other states have abolished or not ● Tamil Nadu abolished its Council in 1986
established Councils ● West Bengal abolished in 1969
Current Status ● Ongoing debates about creation/abolition ● Proposals for reintroduction in some states
in some states like Assam and Rajasthan

Presiding Officer of the Lok Sabha v. Presiding Officer of the Rajya Sabha

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Aspect Lok Sabha Speaker Rajya Sabha Chairman

● Elected by Lok Sabha members from

among themselves [By a simple
majority],
Selection ● No compulsion to resign from the ● Ex-officio, the Vice President of India,
Political Party ● Not a Member of Rajya Sabha

● Five years, corresponding to the term of

Lok Sabha
● does not vacate office when the Lok
Sabha is dissolved.
Term As long as they hold the office of Vice President

Can be removed by a no-confidence motion Can only be removed through the removal process
Removal supported by a majority of all members for the Vice President

Has the exclusive power to decide if a bill is a

Money Bills Money Bill Does not have the power to decide on Money Bills

Joint Sessions Presides over joint sessions of Parliament Does not preside over joint sessions

Doesn’t vote in the First instance, Has a casting

Casting Vote Has a casting vote in case of tie vote in case of tie (Art. 100).

● Final interpreter of the Constitution, ● Final interpreter of the Constitution, rules

Rules of Procedure, and parliamentary of procedure, and parliamentary
Rules precedents within the House. precedents within the House.
Interpretation/ ● Interprets the Rules of Procedure of the ● Interprets the Rules of Procedure of the
Order Maintenance Lok Sabha & maintains order and Rajya Sabha & maintains order and
decorum in the Lok Sabha decorum in the Rajya Sabha.

Can take disciplinary actions against members for

Disciplinary Actions unruly behaviour Can take disciplinary actions but limited in scope

Appointment Can appoint Deputy Chairman and other positions

Powers Appoints various committees and their members: within the council

● Acts as the administrative head of the ● Acts as the administrative head of the
Lok Sabha secretariat, Rajya Sabha secretariat.
Administrative Role ● Ex- officio president of the Indian ● Acts as the administrative head of the
Parliamentary Group Rajya Sabha secretariat

Constitutional Basis Articles 93-96 of the Constitution Articles 64, 89 of the Constitution

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Aspect Lok Sabha Speaker Rajya Sabha Chairman

Oath Takes oath before assuming office No separate oath (taken as Vice President)

Determined by Parliament: charged on the

Salary Consolidated Fund of India Determined by Parliament as Vice President

Resignation Submits resignation to Deputy Speaker Submits resignation to Deputy Chairman

Presiding in Deputy Speaker presides in absence [Deputy

Absence Speakers is not subordinate] Deputy Chairman presides in absence

● Can correct patent errors in a Bill passed

Role in Legislation Can withhold assent to bills in certain cases by Rajya Sabha.
● Cannot withhold assent to bills

Has certain discretionary powers in conducting

Discretionary proceedings: Decides on disqualification of
Powers members under the anti-defection law. Has limited discretionary powers

Enjoys certain privileges and immunities: The Enjoys privileges as Vice President: The
Speaker's work and conduct cannot be discussed Chairman's work and conduct cannot be discussed
or criticized in the Lok Sabha except on a or criticized in the Rajya Sabha except on a
Privileges substantive motion. substantive motion.

Role of Speaker in the Lok Sabha

Aspect Description Example

● Provided for under Articles 93-96

of the Constitution
● Elected by Lok Sabha members
● Holds office for 5 years or until
the dissolution of Lok Sabha In 1967, Neelam Sanjiva Reddy was elected as Speaker
Constitutional ● Can be removed by a resolution unanimously by both ruling party and opposition, setting
Position passed by a majority of Lok a precedent for consensus in Speaker selection
Sabha members

● Maintains order and decorum in

the House
● Conducts proceedings and During the 2019 no-confidence motion against the
regulates debates government, Speaker Om Birla ensured fair time
● Interprets rules of procedure and allocation to all parties for debate, demonstrating
Presiding Officer parliamentary precedents impartial conduct of proceedings
● Adjudicates on points of order

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Aspect Description Example

● Can suspend members for

disorderly conduct
● Decides the agenda of the House
in consultation with the Business
Advisory Committee

● Final interpreter of constitutional

provisions within the House
● Decides if a bill is a Money Bill
(decision is final and binding)
● Presides over joint sessions of
Parliament In 2016, Speaker Sumitra Mahajan's decision to certify
Constitutional ● Certifies bills passed by Aadhaar Bill as a Money Bill sparked controversy and
Authority Parliament before they are sent debates on the scope of Speaker's authority
for President's assent

● Oversees Lok Sabha Secretariat

● Appoints various parliamentary
committees and their chairpersons
● Manages security and Meira Kumar (2009-2014) initiated the Green Parliament
Administrative infrastructure of Parliament initiative to make parliamentary functioning more
Head ● Oversees the preparation of the environmentally friendly
Lok Sabha budget

● Protects rights and privileges of

members and the House
● Refers privilege issues to the
Guardian of Privileges Committee Balram Jakhar (1980-1989) defended MPs' privileges in
Parliamentary ● Can issue warrants to compel the 1985 case where the Supreme Court summoned MPs
Privileges attendance of persons before for their behaviour in the House
parliamentary committees

● Decides on disqualification of
members under anti-defection law
● Gives rulings on the interpretation
of parliamentary rules Shivraj Patil (1991-1996) disqualified 7 Janata Dal
Quasi-Judicial Role ● Decides on the admissibility of members in 1993 under the anti-defection law
motions and resolutions

● Expected to conduct proceedings

without bias
● Does not vote except in case of a
tie (casting vote) G.M.C. Balayogi (1998-2002) was praised for his
● Expected to resign from party impartial conduct during the no-confidence motion
Impartial Arbiter membership upon election as against the Vajpayee government in 1999
Speaker

Sumitra Mahajan (2014-2019) represented India at the

Representative of ● Acts as spokesperson in dealings 4th World Conference of Speakers of Parliament at the
the House with external bodies UN Headquarters in 2015
● Heads parliamentary delegations

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Aspect Description Example

● Interacts with presiding officers

of other parliaments
● Represents Lok Sabha in
inter-parliamentary conferences

Analysis:
Aspect Description Examples/Details

● Allegations of partisan
behaviour
● Controversies in anti-defection
decisions
● Lack of time limits for
decisions
● Limited checks on Speaker's
powers ● In 2008, Somnath Chatterjee faced criticism for not
● Balancing party affiliation resigning from his post despite his party (CPI-M)
with impartiality withdrawing support from the government
Challenges ● Handling disruptions and ● Delays in deciding disqualification petitions, e.g., the case
maintaining decorum of 11 MLAs in Manipur pending from 2020 to 2023

● Independent selection process

involving both ruling and
opposition parties
● Fixed tenure independent of
Lok Sabha term
● Mandatory resignation from
political party upon assuming
office
● Time-bound decisions on
crucial matters like
disqualification petitions
● Limited judicial review of
Speaker's decisions ● UK model: The Speaker resigns from their party upon
● Strengthening the Deputy election
Speaker's role ● US model: The Speaker is explicitly partisan but with
Suggested ● Implementing a rotation checks and balances
Reforms system for presiding over ● Time limits: Some suggest a 3-month limit for deciding
sessions disqualification petitions

● Crucial for effective

parliamentary democracy
● Upholds the dignity and
decorum of the House
● Protects the rights of the
minority in debates
● Ensures fair play and ● The Speaker's rulings often set precedents for future
impartiality in proceedings parliamentary functioning
Significance ● Interprets and evolves ● The office plays a key role in maintaining the balance of
parliamentary practices power between different organs of the state

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Aspect Description Examples/Details

● Serves as a link between the

executive and the legislature

● Increasing use of technology

in parliamentary proceedings
● Growing challenges in
maintaining order due to ● Implementation of e-Vidhan system in some state
heightened political assemblies
polarization ● Supreme Court's observations on the need for time-bound
● Debates on the Speaker's role decisions in disqualification cases (2020): [Keisham
in certifying Money Bills Meghachandra Singh v. The Hon'ble Speaker Manipur
Recent ● Discussions on enhancing Legislative Assembly & Ors.]
Developments transparency in the Speaker's ● Debates on the Speaker's role in the passage of Aadhaar
decisions Act as a Money Bill (2016)

Role of Vice President as the ‘Presiding Officer’ of the Rajya Sabha

The Vice President of India serves as the ex-officio Chairman of the Rajya Sabha, a position enshrined in
Article 64 of the Constitution. This dual role significantly influences the functioning of the upper house of
Parliament.

Key Responsibilities and Powers Description Example

● Conducts proceedings and

regulates debates
● Can suspend or adjourn sittings
in case of disorder or lack of
quorum
● Possesses disciplinary powers,
including naming members for In 1989, Chairman Dr. Shanker Dayal Sharma
misconduct suspended seven members for disrupting
Maintaining Order and ● Allocates time for discussions proceedings during a debate on the Bofors
Decorum and decides the order of issue.
business

● Final authority on interpreting

the Constitution and Rules of
Procedure within the House
● Rulings set precedents for future In 2013, Chairman Hamid Ansari ruled that
Interpreting Rules and parliamentary functioning MPs could not raise state issues in Zero Hour
Procedures ● Can allow or disallow points of unless they had national implications.
order raised by members

● Decides admissibility of bills,

resolutions, and motions
Legislative Functions ● Refers bills to parliamentary -
committees

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Key Responsibilities and Powers Description Example

● Can correct patent errors in bills

passed by Rajya Sabha
● Certifies Money Bills

● Oversees functioning of Rajya

Sabha Secretariat
● Appoints various parliamentary
committees and their Vice President K.R. Narayanan initiated the
chairpersons computerization of the Rajya Sabha Secretariat
Administrative Role ● Manages the overall during his tenure (1992-1997).
administration of the House

● Acts as spokesperson in
dealings with other
constitutional authorities In 2003, Vice President Bhairon Singh
● Heads parliamentary delegations Shekhawat led an Indian parliamentary
Representing Rajya Sabha ● Interacts with presiding officers delegation to China to strengthen bilateral ties.
of other parliaments

● Decides on disqualification of
members under anti-defection
law
● Rules on questions of breach of In 1993, Chairman K.R. Narayanan disqualified
privilege four Janata Dal MPs under the anti-defection
Quasi-judicial Functions ● Can waive notice period for law.
moving motions

In 1991, Vice President K.R. Narayanan used

his casting vote during voting on the Statutory
● Can exercise a casting vote in Resolution on Proclamation of President's Rule
Casting Vote case of a tie, as per Article 100 in Haryana.
of the Constitution

Analysis:
1. Evolving Nature of the Role: The role of the Vice President as Rajya Sabha Chairman has
evolved significantly since India's independence. From being primarily a procedural position, it
has grown to become a crucial balancing force in India's parliamentary democracy.
2. Balancing Impartiality and Political Affiliation: One of the most significant challenges faced
by the Chairman is maintaining impartiality despite often having a political background. This is
seen as a testament to upholding constitutional values over political considerations.
3. Managing Increasing Disruptions: Over the years, there has been a noticeable increase in
disruptions in the Rajya Sabha. This highlights the long-standing challenge of maintaining
decorum. Recent years have seen even more frequent use of disciplinary powers, raising
questions about the effectiveness of current rules.

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4. Adapting to Changing Political Dynamics: The Chairman's role in legislative functions,

demonstrates the delicate balance between facilitating government business and ensuring
thorough scrutiny of important legislation.
5. Technological Modernization: Initiatives like K.R. Narayanan's computerization of the Rajya
Sabha Secretariat in the 1990s show the ongoing need for the Chair to adapt to technological
advancements to improve efficiency and transparency.
6. Enhancing International Parliamentary Diplomacy: The role extends beyond domestic affairs.
This aspect of the role has gained importance in an increasingly interconnected world.
7. Challenges in Anti-Defection Rulings: There's ongoing debate about whether this power should
remain with the Chairman or be transferred to an independent body.
8. Rare but Significant Casting Vote: While rarely used, the Chairman's casting vote, can be
crucial in deadlock situations, underlining the potential decisiveness of the role.
9. Balancing Efficiency and Democratic Debate: There's a constant tension between ensuring
productive use of the House's time and allowing for comprehensive debates. This balance is
crucial for the effective functioning of the Rajya Sabha as a deliberative body.
10. Representation of Regional Interests: As the Council of States, the Rajya Sabha plays a crucial
role in representing state interests. The Chairman's role in facilitating this representation,
especially in a diverse and federal polity like India, is increasingly important.
11. Public Perception and Media Scrutiny: In the age of 24/7 media and social networks, the
actions and decisions of the Chairman are under constant scrutiny, affecting public perception of
both the office and the institution of Parliament.

Comparative Review of the key features of the Members of the Legislature

Features Lok Sabha Rajya Sabha

Composition ● Maximum strength: 550 Members [530 for States+ ● Maximum strength: 250 members [238 for States and UT
20 for UT] and 12 members nominated by the president].
● Current Strength: 543 Members [524 for States+ 19 ● Current Strength: 245 Members [225 members are
for UT]
Representative of States+ 8 members are representative of
● Presently No Nominated members [Prior to 2020,
President could nominate 2 members of the UT+ 12 members nominated].
Anglo-Indian Community- Provision discontinued by
the 104th CAA.]
● 84 Seats for SCs+ 47 for STs,
● 1/3rd for women (including SC and ST)- Women
reservation Act, 2023/ 106th CAA, 2023.
Minimum As per the Constitution: As per the Constitution:
● Must be a Citizen. ● Must be a citizen.
Qualification
● Must not be Less than 25 years of age. ● Must not be less than 30 years of age.
● Must possess other Qualifications prescribed by
● Must possess other Qualifications prescribed by Parliament.
Parliament.
Statutory Qualification: Statutory Qualification:
As according to ‘Representation of People Act of 1951’: As per the ‘Representation of People Act of 1951’:
● Must be Registered as an elector for a parliamentary ● A candidate contesting an election to the Rajya Sabha must
constituency from which he/she is contesting an be registered as an elector for a parliamentary constituency.
election. [Can be registered as an elector for a parliamentary
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● Must be a member of a Sc/St, in any state or UT, if constituency in any state and not necessarily in the state
he/she wants to contest a seat reserved for them. from where he/she is contesting the election].
[However, a member of SC/ST can also contest ● Must be a member of a Sc/St, in any state or UT, if he/she
elections from a non-reserved seat].
wants to contest a seat reserved for them. [However, a
member of SC/ST can also contest elections from a
non-reserved seat].
Term 5 Years (Unless dissolved earlier)+ During a national ● Permanent body, not subject to dissolution.
emergency the term can be extended ‘for one year at a ● As per the Constitution, there is no fixed term of office for
time for any length of time’. [cannot continue 6 months the members of the Rajya Sabha but as per the
after the emergency has ceased]. Representation of People Act, 1951 which provides that the
term of office of a member of Rajya Sabha shall be 6 years.
● As per the current plan 1/3rd of the members retires every
second year.
● The retiring member are eligible for re-election and
renomination any number of times.
Manner of ● In States: Directly elected by the People from ● Indirect Election, System of Proportional Representation,
Election the territorial constituencies of their respective and Method of Single Transferable Vote.
states. Based on the principle of ‘Universal ● They are elected by elected members of State Legislative
Adult Franchise’- Every citizen above 18 years Assemblies. The Rajya Sabha members from the UT are
of age, who is otherwise not disqualified under elected by members of an Electoral College specially
the provisions of the constitution/ any law is constituted for the purpose.
eligible to vote at such an election.
● In UT: As per the Union Territories (Direct
Election to the House of the People) Act, 1965.
Salary+ ● Salary and Allowance are determined by the ● Salary and Allowance are determined by the
Allowance+ Parliament. Parliament.
Oath and ● Each member of the Lok Sabha must subscribe ● Each member of the Rajya Sabha must subscribe to an oath
Affirmation to an oath or affirmation before the President. A or affirmation before the President. A member cannot
member cannot participate in the proceedings of participate in the proceedings of the house unless he/ she
the house unless he/ she takes an oath. takes an oath.

Disqualification As per the Constitution: ● Same Grounds as that of Lok Sabha’s Members.
for Members ● If he/she holds any office of profit under the ● On the Grounds of ‘Disqualification by Defection’,
Union or State Government the question of defection shall be decided by the
● Of Unsound Mind and so declared by the Court Chairman of the Rajya Sabha.
● Undischarged Insolvent
● Not a citizen/ Voluntarily acquired citizenship of
a foreign state.
● Disqualified by any law made by the
parliament.
As per Representation of People Act (1951):
● Must not have been guilty of certain electoral
offence/ Corrupt practices.
● Must not have been found guilty of an offence
resulting in imprisonment of 2 or more years.
● Must not have interest in government contract/
work/ services.
● Must not be a director or managing agent of a
corporation in which government has more than
25% stakes.
Disqualification on Grounds of ‘Defection’:

● A member can be disqualified under the Anti-

Defection Law (10th Sch. Of the Indian
Constitution):
o Voluntarily gives up the membership
of the political party on whose ticket
he/she is elected to the house.
o Votes/ abstains from voting in the
house contrary to any party directions.

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o If an independent elected member

joins any political party.
Vacating of A member can vacate seats under the following A member can vacate seats under the following circumstances:
Seats circumstances: ● Double Membership: A Person cannot be a member of
● Double Membership: A Person cannot be a both houses of Parliament (Lok Sabha + Rajya Sabha)
member of both houses of Parliament (Lok simultaneously. As per RPA, 1951: A person must intimate
Sabha + Rajya Sabha) simultaneously. As per within 10 days his double qualification and his choice of
RPA, 1951: A person must intimate within 10 membership, failing which the Rajya Sabha Seat is in
days his double qualification and his choice of default vacated.
membership, failing which the Rajya Sabha Seat o If a sitting member of one house is elected to
is in default vacated. another house, then the first seat is vacated.
o If a sitting member of one house is o If elected to two seats in a house, the person
elected to another house, then the first should exercise a choice or in default both are
seat is vacated. vacated.
o If elected to two seats in a house, the o A person cannot be a member of the Parliament
person should exercise a choice or in and the State legislature at the same time.
default both are vacated. ● Disqualification:
o A person cannot be a member of the o Becomes Vacant, subject to any of the
Parliament and the State legislature at disqualification specified in the Indian
the same time. Constitution. [Includes disqualification on
● Disqualification: grounds of Defection].
o Becomes Vacant, subject to any of the ● Resignation: A member can resign in writing to the
disqualification specified in the Indian chairman of the Rajya Sabha, However, the Chairman, may
Constitution. [Includes not accept the resignation of the concerned member if he is
disqualification on grounds of satisfied that it is not voluntary or genuine.
Defection]. ● Absence: A member’s seat is vacant if he/she is absent from
● Resignation: A member can resign in writing to all its meetings for a period of 60 days.
the speaker of the Lok Sabha. However, the ● Other Cases:
speaker of the Lok Sabha may not accept the o Election Declared Void by court.
resignation of the concerned member if he is o Expelled by House.
satisfied that it is not voluntary or genuine. o Elected to the office of VP of India.
● Absence: A member’s seat is vacant if he/she is o Appointed as Governor of a State.
absent from all its meetings for a period of 60
days.

Analysis: Anti Defection Law

What is the Anti-Defection Law?: The Anti-Defection Law in India refers to the provisions in the Tenth
Schedule of the Indian Constitution that prohibit elected members of parliament and state legislatures
from defecting or switching political parties after being elected. The law was inserted by the 52nd
Amendment Act in 1985 [Instrumental changes were made via 91st CA 2003]. The law aims to prevent
political defections motivated by the lure of office or other similar considerations. It was enacted to bring
stability to governments by deterring MPs and MLAs from changing parties. Key features include:

● Disqualifies legislators who voluntarily give up membership of their original political party.
● Disqualifies legislators who vote against party directives or abstain from voting.
● Applies to both Parliament and state legislatures.
● Exceptions allowed for mergers involving 2/3rd members of a party.
Why was it enacted?: The Anti-Defection Law was enacted to address the following issues:

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● Rampant defections and party-switching by legislators in the 1960s-70s leading to political

instability.
● The "Aaya Ram Gaya Ram" phenomenon of frequent defections, referring to Gaya Lal who
changed his party thrice in a fortnight in 1967.
● To curb political corruption and bribery of legislators.
● To preserve the mandate given by voters to political parties.
● To promote party discipline and cohesion.
The law was seen as necessary to deal with the perceived "evil of political defections" that was causing
government instability. Between 1967-1971, there had been over 140 defections in Parliament and over
1900 in state assemblies, often leading to toppling of governments.

Do other countries have similar laws?: Anti-defection laws are relatively rare globally, especially in
established democracies. About 40 countries globally have some form of anti-defection regulations. 23
Commonwealth countries have such laws. Only 6 countries mandate legislators to vote according to
party lines (India, Pakistan, Bangladesh, Zimbabwe, Sierra Leone, Guyana). Most Western democracies
like the US, UK, Canada do not have anti-defection laws. Developing/nascent democracies are more
likely to have such laws.

Country Anti-Defection Law Key Features

Disqualifies MPs/MLAs for defecting or disobeying party whip; allows mergers if 2/3 of
India Yes party agrees

Bangladesh Yes Stricter than India; MPs lose seats if they resign from party or vote against it

Pakistan Yes Applies only to specific votes (e.g., no-confidence motions, money bills)

South Africa No (Abolished in 2009) Previously allowed party changes during specific "floor crossing" periods

Israel Yes One of the strictest; prohibits party switching and imposes penalties on defectors

Kenya Yes MPs who leave their party must vacate seats; can appeal to High Court

Singapore Yes MPs must vacate seats if they leave or are expelled from their party

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Country Anti-Defection Law Key Features

New Zealand Yes (Temporary) Reintroduced in 2018, set to expire in 2023

Papua New No (Struck down in

Guinea 2010) Previously had a law, but declared unconstitutional by Supreme Court

United Kingdom No MPs can freely switch parties without losing seats

Canada No MPs can freely switch parties or become independents

United States No Members of Congress can switch parties without losing seats

Important provisions, issues, jurisprudence and proposed solutions:

Key Provisions:

Aspect Details Implications

● All members of the House: Parliament and State

Applicability Legislature Included. ● Unique status of Rajya Sabha
● Exception: Chair of Rajya Sabha Chair acknowledged

● This phrase is central to

disqualification criteria.
● Actions not explicitly defined
● Key Phrase: “Voluntarily gives up his as giving up membership.
Nature of membership”: Vague, Ambiguous, Undefined. ● It is Open to interpretation.
Disqualification ● Would: Working against party interests or ● Potential for inconsistent
Grounds Supporting candidates from other parties be application.
sufficient to invoke this phrase. ● May lead to legal challenges.

● Creates grey area in

interpretation.
● May affect stability of
political parties.
● Determining if actions imply voluntary surrender of ● Could influence
Legal and Political membership. parliamentary dynamics.
Implications ● Lack of clear definition. ● Might require judicial
● Potential for dispute. intervention for clarity
● Exceptions for mergers involving 2/3rd members.
● Speaker/Chairman to decide on disqualification.

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Major Issues:
1. Curbs freedom of speech and expression of legislators:
● The law restricts MPs/MLAs from voting according to their conscience, judgement and
interests of their constituents.
● It compels legislators to blindly follow the party line on every issue.
● Dissent and intra-party democracy are stifled as members cannot speak out against party
decisions without risking disqualification.
● This violates the fundamental right to freedom of speech and expression guaranteed
under Article 19.
2. Reduces accountability of government to parliament:
● By binding ruling party members to vote with the government, the law undermines
parliament's oversight role.
● The government is insulated from criticism or defeat on the floor of the house.
● Question hour, debates and voting become mere formalities as outcomes are
predetermined.
● This weakens the parliamentary system of government and executive accountability.
3. Erodes the role of individual legislators:
● MPs/MLAs are reduced to mere numbers, with no scope for independent
decision-making.
● Their representative role is diminished as they cannot vote as per their constituents'
interests.
● There is little incentive for legislators to develop expertise or engage in serious debates.
● Power is centralized in the hands of party leadership rather than individual elected
representatives.
4. Arbitrary powers given to Speaker/Chairman:
● The Speaker/Chairman has final authority in deciding disqualification cases.
● This is problematic as the presiding officer is usually from the ruling party.
● There are concerns about the impartiality and political motivations in such decisions.
● No time limit is prescribed for the Speaker to decide on disqualification petitions
5. Delays in deciding disqualification cases:
● Speakers often sit on disqualification petitions for prolonged periods.
● This allows defectors to continue as legislators and even become ministers.
● It defeats the purpose of the law which was to punish defections swiftly.

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● Courts have expressed concern over such delays but cannot intervene until the Speaker
decides
6. Legalizes wholesale defections:
● While it prohibits individual defections, the law allows wholesale defections (2/3rd of a
party) through mergers.
● This has been misused for political maneuvering and government formation.
● It goes against the spirit of the law which aimed to prevent all forms of defection.
7. Applies even when government stability is not at stake:
● The law is applicable even in legislatures like Rajya Sabha where the government's
stability is not impacted.
● It covers all votes, not just crucial ones like no-confidence motions.
● This is seen as an excessive restriction on legislators' voting rights.
8. Undermines the basic structure of parliamentary democracy:
● It alters the accountability mechanism envisioned in the Constitution.
● By excessively empowering political parties, it goes against the principle of
representative democracy.
● The balance between party discipline and legislator's independence is lost.
9. Fails to address root causes of defection:
● Issues like lack of inner-party democracy and money power in politics remain
unaddressed.
● Ambitious politicians can still defect by engineering splits/mergers.
● The law treats only the symptom (defections) and not underlying causes.
10. Discriminates between independent and nominated members:
● Independent members are immediately disqualified upon joining a party.
● But nominated members are given 6 months to join a party without disqualification.
● This differential treatment is seen as arbitrary and illogical.

Key Jurisprudence:

Case Year Key Rulings

● Upheld constitutional validity of the Tenth Schedule.

● Speaker's decision is subject to judicial review.
● Law does not violate free speech rights of legislators (Art. 19) or
Kihoto Hollohan v. Zachillhu and Others 1992 Art. 105/194.
● Decisions on disqualification should be made promptly.

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Case Year Key Rulings

● Absence of a formal resignation by the member, the giving up of

Ravi Naik v. UOI 1994 membership can be inferred by his conduct.

● Emphasized need for prompt decisions by Speaker on

Rajendra Singh Rana v. Swami Prasad Maurya 2007 disqualification petitions.
● Undue delays by Speaker can be grounds for court intervention.

● Speaker cannot disqualify members for the entire term of the

Shrimanth Balasaheb Patil v. Hon'ble Speaker Assembly.
Karnataka Legislative Assembly 2019 ● Disqualified members can contest by-elections.

● Suggested 3-month time limit for Speakers to decide disqualification

Keisham Meghachandra Singh v. Hon'ble Speaker petitions.
Manipur Legislative Assembly 2020 ● Recommended Parliament consider transferring disqualification
powers from Speakers to an independent tribunal.

● Halim Committee (1994): Political party and voluntarily giving up should be properly defined.
Expelled members should be barred from holding any consequential office, and joining other
parties. [This was to instate a form of deterrence].
● 170th Law Commission Report: Limited use of Whips : vote of confidence/no-confidence,
money bill, or motion of vote of thanks to the President’s address.
● 91st CA, 2003 : 2/3rds merger allowed, leftover can function as a distinct unit.

Proposed Solution:

1. Limit application to crucial votes only:

● Apply the law only for no-confidence motions, confidence motions, money bills and
constitutional amendments.
● Allow free voting on other issues to restore legislators' freedom of speech and
conscience.
2. Transfer decision-making power:
● Take away the Speaker's power to decide on disqualification.
● Set up an independent tribunal headed by retired judges or give the power to the
President/Governor acting on Election Commission's advice.
3. Set time limits:
● Prescribe a time limit (e.g. 3 months) for deciding disqualification petitions.
● Allow automatic disqualification if the decision is not made within the time limit.
4. Ban all defections:
● Remove the provision allowing defection by 2/3rd members.
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● Treat individual and group defections equally to prevent misuse.

5. Strengthen intra-party democracy:
● Mandate regular internal elections in political parties.
● Allow members to vote freely on issues not central to the party manifesto.
6. Restrict application:
● Apply the law only to Lok Sabha and state assemblies where government stability is at
stake.
● Exclude Rajya Sabha and Legislative Councils.
7. Equal treatment:
● Have uniform rules for independent, nominated and party members regarding joining
political parties.
8. Allow limited dissent:
● Permit a small percentage of members (e.g. 10-15%) to vote against party lines without
disqualification.
9. Post-defection ban:
● Bar defectors from contesting elections or holding public office for a fixed period (e.g. 5
years).
10. Recall provision:
● Introduce right to recall defecting members by constituents to increase accountability.

Analysis: Immunities and Privileges of Legislators

Rationale behind ‘Immunities and Privileges’ of Legislators:

● Parliamentary privilege refers to the special rights, immunities and exemptions enjoyed
by Parliament as an institution and its members individually, which are essential for them
to effectively carry out their constitutional duties. The fundamental rationale behind
legislative privileges is to shield lawmakers from external interference in performing their
core functions.
● While the principle of 'rule of law' suggests legislators should be subject to the same laws
they create for citizens, the differential treatment given to sitting legislators is justified
considering their unique responsibilities as elected representatives.
● The freedom to speak and vote in the legislature without fear of reprisal or punishment is
deemed integral to the role of a parliamentarian.

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● A breach of privilege constitutes contempt of the House, but not all acts of contempt
necessarily breach specific privileges. Generally, breach of privilege cases involve
MPs/MLAs, whereas contempt can be committed by anyone.
● The privileges aim to protect the institution of Parliament and its members from undue
obstruction in discharging their duties, rather than placing them above the law. The ability
to freely debate and legislate without external pressures is considered crucial for
representatives to effectively serve their constituents and uphold democratic principles.
● However, these privileges are not absolute and must be balanced with other constitutional
values and public interest.

What are these immunities & privileges?:

Immunity/Privilege Description Legal Provision

Article 105(1) for MPs,

Freedom of speech Article 194(1) for MLAs
● Freedom of speech in Parliament/State Legislature

● Immunity from court proceedings for anything said or votes

given in the House or its committees Article 105(2) for MPs,
Immunity from court ● Prohibition on the Courts to inquire into the validity of any Article 194(2) for MLAs
proceedings proceedings in Parliament on the ground of any alleged Art. 122 (1).*
irregularity of procedure.*

● Immunity from liability regarding publication of any report, Article 105(2) for MPs,
Immunity for paper, vote or proceeding under the authority of the House. Article 194(2) for MLAs
publication ● Protection of publication of the proceedings of a secret Art. 361A (Proviso)*
sitting of the House.*

Section 135A of the Code of

Freedom from arrest ● Freedom from arrest in civil cases during the session of the Civil Procedure, 1908
House and 40 days before and after it.

Rules of Procedure and Parliamentary Committee on Privilege Reports:

Category Privilege/Power Details

● Applies to a member's arrest, detention, conviction, imprisonment,

or release.
Right to immediate ● Ensures the House is promptly informed of any legal action against
Direct Privileges notification its members.
● Helps maintain transparency and accountability

House permission for ● Members or officers need House permission to provide evidence or
evidence provision documents related to House proceedings in courts.
● Protects the confidentiality of parliamentary proceedings.

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Category Privilege/Power Details

● Ensures separation of powers between legislature and judiciary.

● Members or officers cannot be forced to testify before other Houses,

committees, or state legislatures without House permission and
Protection from personal consent.
compulsory testimony ● Preserves the independence of the House.
● Prevents potential interference or intimidation from other bodies.

● Parliamentary Committee evidence, reports, and proceedings must

Confidentiality of remain confidential until tabled in the House.
committee proceedings ● Ensures integrity of the committee process.
● Allows for thorough deliberation before public disclosure.

● House can penalize individuals, whether members or not, for

Consequential privilege breaches or contempt.
Powers Authority to penalize ● Helps maintain order and respect for parliamentary proceedings.
● Acts as a deterrent against misconduct.

Power to summon and ● Can summon witnesses and request documents.

request ● Enables thorough investigation and fact-finding.
● Crucial for effective parliamentary oversight.

Right to exclude ● Can exclude strangers (non-members) from House proceedings.

non-members ● Ensures security and confidentiality when needed.
● Allows for closed-door sessions on sensitive matters.

● Can prohibit publication of debates and proceedings (M.S.M.

Jurisprudential Authority to prohibit Sharma vs. Shri Krishna Sinha, 1959).
Privilege publication ● Allows control over dissemination of parliamentary information.
● Balances transparency with national security or sensitive issues.

● Immunity from arrest and legal processes within House precincts

Privilege by Immunity within House without Chairman/Speaker's permission.
Convention precincts ● Ensures members can perform their duties without interference.
● Protects the sanctity of the parliamentary space.

Breach of Privilege & Contempt of House:

Category Type of Contempt or Breach Additional Details

● Applies to individual Members or the

House collectively.
● Can be committed by individuals or
authorities.
Disregarding or undermining privileges, ● Punishable by the House.
Breach of Privilege rights, or immunities ● Includes violations of any parliamentary
privilege.

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Category Type of Contempt or Breach Additional Details

● Covers both direct and indirect actions.

Includes obstruction of Members or
Officers.
● Can be committed inside or outside the
General Definition of Acts or omissions obstructing or impeding House.
Contempt parliamentary functions ● Encompasses a wide range of behaviours
affecting parliamentary proceedings

● Includes spoken words, written articles,

social media posts, etc.
● Covers criticism of parliamentary
proceedings.
● Extends to comments on a Member's
Negative reflections on the House, character or conduct in Parliament.
Speeches and Writings Committees, or Members ● Can be committed by Members or
non-Members.

● Includes criticism of decisions made by

the presiding officer.
● Covers allegations of bias or misconduct.
● Applies to comments made both inside
Reflections on Presiding Questioning the character or impartiality of and outside the House.
Officers the Chairman/Speaker ● Protects the dignity and authority of the
Chair.

● False or distorted reports of debates and

proceedings.
● Publication of expunged (deleted)
proceedings.
● Disclosure of secret session proceedings.
● Premature release of Committee work.
Publication-related Unauthorized or misleading publication of ● Criticism of Committee reports before
Contempt proceedings presentation.
● Includes both traditional and digital media

● Physical obstruction or intimidation.

● Harassment related to parliamentary
duties.
● Interference while traveling to/from the
Interference with House or Committees.
Members Obstructing or molesting Members ● Includes threats or coercion to influence a
Member's actions

● Includes both monetary and non-monetary

inducements.
● Covers attempts to influence votes,
speeches, or questions.
● Applies to both the offer and acceptance
Offering bribes to influence Parliamentary of bribes.
Bribery conduct ● Extends to indirect forms of bribery or
undue influence

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Category Type of Contempt or Breach Additional Details

● Applies to testimonies before

Committees.
● Includes submission of false documents.
● Covers intentional omission of crucial
Deliberately providing false or misleading information.
False Information evidence ● Can be committed by Members,
witnesses, or external parties.

● Leaking of sensitive parliamentary

documents.
● Disclosure of in-camera proceedings.
Unauthorized disclosure of confidential ● Sharing of draft reports before
Breach of Confidentiality information finalization.
● Applies to both Members and staff

● Ignoring summons to appear before

Committees.
● Refusing to produce required documents.
● Disobeying orders related to
Disobedience to Failing to comply with House or Committee parliamentary investigations.
Parliamentary Orders directives ● Includes non-compliance by both
Members and non-Members.

● Interrupting Committee meetings.

● Disrespecting Committee members or
witnesses.
● Unauthorized recording or broadcasting
Misconduct in Disruptive or improper behaviour in of proceedings.
Committees Committee proceedings ● Violating confidentiality of Committee
deliberations

How is a breach proceeded with?:

Aspect Details

● Each House of Parliament is sole guardian of its privileges

Authority over ● Indian courts recognize Houses' exclusive authority to determine breaches (Searchlight I
Privileges Case)

For any individual:

o Reprimand
o Admonition
Punitive Measures o Imprisonment for specified period

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Aspect Details

Additional for House members: Suspension from House service + Expulsion

● Extends beyond House members and immediate vicinity

● Covers all contempt, regardless of perpetrator or location
Jurisdiction ● Described as 'keystone of Parliamentary Privilege'

● Imprisonment for contempt limited to duration of House session

Limitations ● Custody ends upon prorogation of the House

Tradition of ● Sincere, unqualified, and unconditional apologies often accepted

Forgiveness ● House may choose not to pursue further action to maintain dignity

Role of Presiding ● Empowered to refer privilege questions to Committee for examination, investigation, and
Officer report on own initiative.

What are the issues with immunities & privileges?

Topic Key Points

● Exhaustive enumeration of contempt acts is not possible.

● Press Commission recommended codification.
● Lok Sabha Committee of Privileges (2008) advised against codification.
Codification of Privileges ● Legislature's reasoning: Codification might conflict with fundamental rights
under Article 13(2).

Keshav Singh Case (1964):

● Legislative privileges are subject to judicial review
● Privileges cannot violate fundamental rights
Judicial Review and Fundamental ● Courts can review exercise of privileges for fairness
Rights M.S.M. Sharma vs. Shri Krishna Sinha (1959) (Searchlight case):
● Article 194(3) can override Article 19(1)(a) freedom of speech

Dr Jatin Chandra Ghosh v Hari Sadhan Mukherjee: Actions in private capacity do

Acts in Private Capacity not invoke Article 194

Corruption Sita Soren Case (2024): Corrupt acts are not covered under legislative immunities

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Topic Key Points

Raja Ram Pal v Speaker, Lok Sabha (2007):

Extent of Punishment ● Distinction between 'expulsion' for breach of privilege and 'disqualification'
● Expulsion does not lead to future disqualifications

1. Scope and limits: There is ambiguity around determining the exact scope and limits of
parliamentary privileges. While intended to protect legislative independence, overly broad
interpretations can lead to abuse.
2. Potential for abuse: The broad scope of privileges can potentially be misused by legislators to
avoid legal accountability or suppress freedom of speech/press under the guise of protecting
parliamentary operations.
3. Lack of codification: Most privileges are based on conventions and unwritten rules, leading to
inconsistencies in how they are applied and understood. There is debate around whether
privileges should be codified into law.
4. Conflict with accountability: The broad protections offered can sometimes act as a barrier to
holding legislators accountable for their actions, both within the legislative context and in public
interactions.
5. Outdated aspects: Some privileges inherited from historical practices may no longer be
appropriate in a modern democracy that values transparency and public scrutiny.
6. Bribery and corruption: There has been debate around whether privileges should protect
legislators from prosecution for accepting bribes related to their legislative duties. The recent
Supreme Court judgment clarified that bribery is not protected.
7. Balancing with fundamental rights: There can be tension between legislative privileges and
fundamental rights like freedom of speech when privileges are used to restrict criticism of
legislators.
8. Judicial review: Questions around the extent to which courts can review the exercise of
legislative privileges by parliament/assemblies.
9. Lack of public understanding: The complex nature of privileges is often not well understood by
the public, leading to misconceptions.
10. Potential to hinder transparency: Privileges can sometimes be used to shield legislative
proceedings from public scrutiny.

Analysis: Representation of People Act

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When we talk about Representation of People Act, two key legislations come into picture. The first one is
the Representation of People Act, 1950 and the second is the Representation of People Act, 1951.
Representation of the People Act, 1950 (RPA 1950) v. Representation of the People Act, 1951 (RPA
1951):
Aspect RPA 1950 RPA 1951

Primary Focus Pre-election preparations Conduct of elections

Constituency Matters Deals with delimitation and allocation of seats Does not cover constituency matters

Covers preparation of electoral rolls and voter

Voter Registration qualifications Does not cover voter registration

Specifies qualifications and disqualifications for

Candidate Eligibility Not covered candidates

Details the entire election process from nomination to

Election Process Not covered counting

Electoral Offenses Not covered Defines corrupt practices and electoral offenses

Political Parties Not covered Provides for registration of political parties

Election Disputes Not covered Contains provisions for resolving election disputes

Election Commission
Powers Limited provisions Outlines extensive powers of the Election Commission

Election Expenses Not covered Regulates election expenses

Amendments Less frequently amended More frequently amended to address emerging issues

Broader, covering the entire election process and related

Scope Narrower, focused on preparatory aspects issues

Key Features:
Table 1: Representation of the People Act, 1950 (RPA 1950):

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Feature Section Number(s)

Allocation of seats 3, 7

Delimitation of constituencies 4-9

Amendment of delimitation orders 11

Preparation of electoral rolls 13-25

Qualifications for voters 19

Reservation of seats for SC/ST 3

Table 2: Representation of the People Act, 1951 (RPA 1951):

Feature Section Number(s)

Qualifications and disqualifications for candidates 3-11

Appointment of election officials 19-25

Powers of Election Commission 20-20B

Conduct of elections (nomination, polling, counting) 30-66

Regulation of election expenses 77-78

Resolution of election disputes 80-116A

Corrupt practices and electoral offenses 123-136

Registration of political parties 29A

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Key Judgements:
Year Case Key Points

Jamuna Prasad Mukhariya v. Upheld constitutional validity of Section 123(3) of RPA 1951, prohibiting
1955 Lachi Ram appeals based on religion, race, caste, etc.

Jagdev Singh Sidhanti v. Pratap Held that appealing for votes on the ground of candidate's language is not a
1964 Singh Daulta corrupt practice if it doesn't create enmity between different languages

Clarified that an appeal for votes on the ground of candidate's language is not per
se a corrupt practice unless it creates hatred or enmity between different
1967 Pratap Singh v. Jagdev Singh languages

Held that a candidate is responsible for corrupt practices committed by his

1971 Dev Raj v. Bhagwan Das election agent, even if without his consent

Kanwar Lal Gupta v. Amar Nath Ruled that expenses incurred by political party cannot be excluded from
1974 Chawla candidate's election expenses

Ziyauddin Burhanuddin Bukhari v. Held that using religious symbols or appealing to religious sentiments for
1975 Brijmohan Ramdass Mehra electoral gains is a corrupt practice

Mahendra Kumar Shastri v. Union

1983 of India Upheld validity of Section 62(5) of RPA 1951, barring prisoners from voting

Anukul Chandra Pradhan v. Union

1997 of India Reaffirmed that right to vote is subject to statutory limitations

Union of India v. Association for

2002 Democratic Reforms Established voters' right to know candidates' antecedents

People's Union for Civil Liberties v.

2003 Union of India Directed EC to seek information on candidates' criminal antecedents

Struck down Section 8(4) of RPA 1951; immediate disqualification of convicted

2013 Lily Thomas v. Union of India MPs/MLAs

Chief Election Commissioner v. Jan

2013 Chaukidar Held persons in lawful custody cannot contest elections (later overturned).

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Year Case Key Points

Appealing to religion, race, caste, etc. of candidates/voters is a corrupt practice

2017 Abhiram Singh v. C.D. Commachen under Section 123(3) of RPA 1951

Public Interest Foundation v. Union

2018 of India Directed parties to publish criminal antecedents of candidates

2018 Lok Prahari v. Union of India Mandated declaration of income sources by candidates and associates/spouses

Anugrah Narayan Singh v. Harsh False information about educational qualifications not a "corrupt practice" under
2023 Vardhan Bajpayee Sections 123(2) and 123(4) of RPA 1951

Overview of Parliamentary Procedures

Procedure Description Legal Provisions

● Three main sessions: Budget (Jan-May),

Monsoon (July-Aug), Winter (Nov-Dec).
● President summons and prorogues ● Article 85: President shall summon each House of
sessions on government advice. Parliament
● Maximum gap between sessions: 6 ● Article 85(1): Not more than 6 months shall intervene
Sessions of months. between last sitting in one session and date appointed for
Parliament ● Quorum: 1/10th of total membership in first sitting in next session
each house ● Article 100(3): Quorum is one-tenth of total members

● Ordinary bills can be introduced in either

house.
● Money bills must be introduced in Lok
Sabha.
● Private member bills introduced on
Fridays.
● Minister gives notice to introduce
government bills. ● Article 107: Provisions for introduction and passing of
Introduction of ● Bills classified as Ordinary, Money, bills
Bills Financial, and Constitutional ● Article 109: Special procedure for Money Bills
Amendment Bills ● Article 117: Special provisions for Financial Bills

● First Reading: Introduction

● Second Reading: General discussion and
referral to committee
● Committee Stage: Detailed examination
● Report Stage: Committee report ● Rules 69-74 of Rules of Procedure and Conduct of
Stages of Bill consideration Business in Lok Sabha
Passage ● Third Reading: Final discussion and ● Rules 67-73 of Rules of Procedure and Conduct of
passage Business in Rajya Sabha

● First hour of each sitting (11 AM to 12

PM) ● Rule 32-54 of Rules of Procedure and Conduct of
● Types: Starred (oral), Unstarred Business in Lok Sabha
Question Hour (written), Short Notice ● Rule 38-60 of Rules of Procedure and Conduct of
● 20 starred questions allowed per day Business in Rajya Sabha

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Procedure Description Legal Provisions

● Notice period: Minimum 15 days

● Follows Question Hour (12 PM to 1 PM)

● No formal notice required
● Members raise urgent matters of public
Zero Hour importance ● Not formally provided in Rules, but a convention
● Speaker's discretion for allowing matters followed in both Houses

● Adjournment Motion: Urgent public

matter
● No-Confidence Motion: Challenge
government's majority
● Censure Motion: Criticize specific ● Rule 56-63 (Adjournment Motion) of Lok Sabha Rules
policies ● Rule 198 (No-Confidence Motion) of Lok Sabha Rules
Motions ● Calling Attention Motion: Urgent matter ● Rule 184 (Censure Motion) of Lok Sabha Rules
needing minister's statement ● Rule 197 (Calling Attention) of Lok Sabha Rules

● Standing Committees: Permanent,

department-related
● Select Committees: Temporary, for
specific bills
● Joint Committees: Members from both ● Rule 253-286 of Rules of Procedure and Conduct of
Parliamentary houses Business in Lok Sabha
Committees ● Financial Committees: PAC, Estimates ● Rule 268-303 of Rules of Procedure and Conduct of
Committee, COPU Business in Rajya Sabha

● Voice Vote: 'Ayes' and 'Noes'

● Division: Electronic voting or slip
system
● Secret Ballot: Rare, used for special ● Rule 367-373 of Rules of Procedure and Conduct of
cases Business in Lok Sabha
Voting Procedures ● Casting Vote: Speaker/Chairman in case ● Rule 252-257 of Rules of Procedure and Conduct of
of tie Business in Rajya Sabha

● Called by President to resolve deadlock

on ordinary bills
● Members of both houses vote together
● Simple majority required to pass the bill
Joint Session ● Not applicable for Money Bills or
Constitutional Amendment Bills ● Article 108: Joint sitting of both Houses in certain cases

● Summons and prorogues sessions

● Gives assent to bills or returns for
reconsideration (except Money Bills) ● Article 85: Summoning and proroguing of Parliament
● Addresses joint session at the beginning ● Article 111: Assent to Bills
of first session each year ● Article 87: Special address by the President
President's Role ● Can promulgate ordinances when ● Article 123: Power of President to promulgate
Parliament is not in session Ordinances

● Presides over Lok Sabha sessions

● Maintains order and decorum in the
House
● Decides on admissibility of motions, ● Article 93: The Speaker and Deputy Speaker of the
resolutions, and questions House of the People
Speaker's Role ● Interprets rules of procedure ● Rule 378 of Rules of Procedure and Conduct of Business
● Has casting vote in case of tie in Lok Sabha: Residuary powers of the Speaker

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Stages:

Procedure Definition Authority Applies to Effect on Business

Summoning Calling the Houses to meet President Both Houses N/A

Adjournment Terminating a sitting Presiding Officer Both Houses No effect

Prorogation Ending a session President Both Houses Notices lapse, bills remain pending

Dissolution Ending the life of the House President Only Lok Sabha All business lapses

Additional notes:
● Summoning: There must not be more than 6 months between two sessions.
● Adjournment: Can be for hours, days, or weeks. Adjournment sine die is without a fixed reassembly date.
● Prorogation: Done on the advice of the Prime Minister.
● Dissolution: Occurs at the end of the Lok Sabha's 5-year term or by Presidential order.

Legislative Motions:

Motion Type Description Key Features

- Only in Lok Sabha

Expresses lack of confidence in - Needs support of 50 members
No-Confidence Motion government - If passed, government must resign

- Can be in either house

Criticizes specific policies/actions of - Does not require government to resign if passed
Censure Motion ministers - More specific than No-Confidence Motion

- Only in Lok Sabha

Discusses urgent matter of public - Needs support of 50 members
Adjournment Motion importance - Interrupts normal business

- Can be in either house

Calling Attention Seeks statement from minister on urgent - No formal voting
Motion matter - Minister must make statement

- Can be in either house

Privilege Motion Raises breach of parliamentary privilege - Examined by Privileges Committee if admitted

- Four types: Simple, Compartmental, Kangaroo, Guillotine

Closure Motion Ends debate and forces immediate vote - Needs majority support to pass

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Motion Type Description Key Features

- Three types: Policy Cut, Economy Cut, Token Cut

Cut Motion Opposes demand for grants - Used to criticize government spending

- Capable of expressing a decision of the House

- Examples: election of Deputy Chairman, Motion of Thanks on
Substantive Motion Self-contained independent proposal President's Address

- Depends on original motion

- Discussed along with original motion
Substitute Motion Replaces original motion with alternative - If passed, supersedes original motion

- No independent standing
Subsidiary Motion Relates to other motions or proceedings - Types: Ancillary, Superseding, Amendment motions

Expresses gratitude for President's - Moved in both houses

Motion of Thanks address - Amendments can be moved

Legislative ‘Questions’:

Feature Starred Questions Unstarred Questions Short Notice Questions

Answer Type Oral Written Oral

Supplementary
Questions Allowed Not allowed Allowed

Notice Period Minimum 15 days Minimum 15 days Less than 10 days

Print Colour Green White Light Pink

20 in Lok Sabha, 15 in Rajya

Maximum per Day Sabha 230 in Lok Sabha No fixed limit

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Feature Starred Questions Unstarred Questions Short Notice Questions

For issues requiring oral For detailed statistical For urgent matters of public
Purpose elaboration information importance

Replies laid on the Table of the After Question Hour or at other

Time Allotted During Question Hour House specified time

Minister's Presence Required in the House Not required Required in the House

Selection By ballot All admitted questions included At Speaker's/Chairman's discretion

Resolutions: Resolutions in the Indian parliamentary system are formal expressions of opinion, will, or decision
made by either house of Parliament on matters of public importance.
Types of Resolutions:
1. Private Members' Resolutions: These are moved by members who are not ministers on allotted days,
typically Fridays.
2. Government Resolutions: These are moved by ministers.
3. Statutory Resolutions: These are moved in pursuance of a provision in the Constitution or an Act of
Parliament.
Characteristics of Resolutions:
● Resolutions are self-contained, independent proposals submitted for the approval of the House.
● They can express opinions, approve or disapprove government actions, convey messages, or request
actions.
● Resolutions must be clearly expressed, raise a single definite issue, and avoid argumentative or defamatory
language.
Process and Admissibility:
● Private members must give notice at least twelve days in advance, while government resolutions require
seven days' notice.
● The Speaker decides on the admissibility of resolutions and can amend their form to make them more
acceptable.
● Resolutions are selected through a ballot system to determine their order of precedence.
Effect of Resolutions: The impact of resolutions varies:
1. Statutory Resolutions: These have binding effects as per the provisions in the Constitution or relevant
statutes.
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2. Procedural Resolutions: These relate to the House's own proceedings and are treated as law within the
House.
3. Opinion Resolutions: Many resolutions, especially private members' resolutions, are expressions of
opinion and may not necessarily be implemented by the government.
Significance: Resolutions serve as an important tool for:
● Expressing the collective will of Parliament on matters of public importance.
● Testing the feeling of the House on proposals that may be ahead of public opinion.
● Providing a platform for members to raise and discuss issues of national interest.

Assurances:
● Minister gives an undertaking which involves further action on the part of the Government in reporting
back to the House.
● To be fulfilled within a period of three months.
● Pending assurances do not lapse.

Classification of ‘Bills’
● A bill is a formal proposal for a new law or a change to an existing law. It serves as the primary vehicle for
introducing legislative ideas and initiating the law-making process.
Overview:

Feature Ordinary Bills Money Bills Financial Bills Constitutional Amendment Bills

Category I: Money
Bill provisions + other
matters
Category II:
General matters of Exclusively financial matters Expenditure from
Content public importance as per Article 110(1) Consolidated Fund Amendments to the Constitution

Legislate on general
matters, make or amend Control government finances, Legislate on broader Modify the Constitution to adapt to
Purpose laws taxation, and spending financial matters changing needs

Introduction Either House Lok Sabha only Category I: Lok Sabha Either House
only

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Feature Ordinary Bills Money Bills Financial Bills Constitutional Amendment Bills

Category II: Either

House

Ministers or Private
Introducer Members Ministers only Ministers only Ministers or Private Members

President's
recommendation Not required Required Required Not required

Can pass, reject, or Can pass, reject, or Can pass or reject with special
Lok Sabha powers amend Can pass, reject, or amend amend majority

Category I: Limited
(like Money Bills)
Rajya Sabha Can pass, reject, or Can only recommend changes Category II: Equal to Can pass or reject with special
powers amend within 14 days Lok Sabha majority

Joint session Category I: No

possibility Yes No Category II: Yes No

Required (2/3 present and voting,

Special majority Not required Not required Not required >50% total strength)

State ratification Not required Not required Not required Required for certain amendments

can either give assent or

Can be withheld or withhold assent, but cannot be Can be withheld or
President's assent returned once returned for reconsideration. returned once Cannot be withheld or returned.

Time limit for

other house No specific limit 14 days for Rajya Sabha No specific limit No specific limit

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Feature Ordinary Bills Money Bills Financial Bills Constitutional Amendment Bills

Speaker's
certification Not required Required as Money Bill Not required Not required

- Insurance
- Central Universities (Amendment) Bill,
(Amendment) Bill, 2021 2021
- Assisted Reproductive - Factoring Regulation - 103rd Amendment Act, 2019 (EWS
Technology - Finance Bill, 2023 (Amendment) Bill, quota)
Recent examples (Regulation) Bill, 2021 - Appropriation Bill, 2023 2021 - 101st Amendment Act, 2016 (GST)

Public Bill v. Private Bill:

Aspect Public Bills Private Bills

Introduced by Ministers Any MP who is not a minister

Notice 7 Days’ notice 30 Days’ notice

Reflects Government policies Individual member's concerns

Backing Government support Limited support

Success rate Higher Lower

Discussion time Priority in parliamentary sessions Usually discussed on Fridays

Scope Generally wider, affecting the public at large Often more specific or limited

Frequency More common Less frequent

Preparation Drafted by the concerned ministry Drafted by the individual member

Resource allocation Government resources available Limited resources

Public attention Usually higher Generally lower

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Aspect Public Bills Private Bills

Committee scrutiny Often goes through standing committees May be referred to select committees

Voting pattern Often along party lines May see cross-party support

Impact on government Failure may impact government's standing Failure has minimal impact on government

What is Lapsing of Bills?: Lapsing of bills refers to the termination of a bill's progress through the
legislative process, typically due to the dissolution of the Lok Sabha (lower house of Parliament) or a
State Legislative Assembly. When a bill lapses, it must be reintroduced in the new session to be
considered again.

Rules for Lapsing of Bills in Parliament:

Bills that lapse:

● A bill originated in the Lok Sabha but pending in the Lok Sabha lapses.
● A bill originated and passed by the Rajya Sabha but pending in Lok Sabha lapses.
● A bill originated and passed by the Lok Sabha but pending in the Rajya Sabha lapses.
● A bill originated in the Rajya Sabha, returned to that House by the Lok Sabha with amendments,
and still pending in the Rajya Sabha on the date of the dissolution of Lok Sabha lapses.
Bills that do not lapse:
● A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.
● If the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, the
bill does not lapse.
● A bill passed by both Houses but pending assent of the president does not lapse.
● A bill passed by both Houses but returned by the president for reconsideration by the Rajya Sabha
does not lapse.
Rules for Lapsing of Bills in State Legislatures:
Bills that lapse:
● A bill originated in the Assembly but pending in the Assembly lapses.
● A bill originated and passed by the Council but pending in Assembly lapses.
● A bill originated and passed by the Assembly but pending in the Council lapses.
Bills that do not lapse:

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● A bill pending in the Council but not passed by the Assembly does not lapse.
● A bill passed by one or both Houses but pending assent of the Governor does not lapse.
● A bill passed by one or both Houses but returned by the president for reconsideration by the
Council does not lapse.
Important Points to Note:
● Adjournment of a sitting does not affect pending bills or other business.
● Prorogation of a session does not affect pending bills, but other notices lapse and must be
resubmitted for the next session.
● When Lok Sabha is dissolved, all pending business including bills, motions, resolutions, notices,
and petitions lapse.
● A bill becomes an act only after passing through various legislative stages and receiving
presidential assent.

Analytical note: Money Bill

Definition and Constitutional Basis: A Money Bill is a specific type of legislative bill in India that deals
exclusively with financial matters. Article 110 of the Indian Constitution defines a Money Bill as a bill
that contains only provisions dealing with all or any of the following matters:
1. Imposition, abolition, remission, alteration, or regulation of any tax
2. Regulation of government borrowing or giving of any guarantee by the government
3. Custody of the Consolidated Fund or Contingency Fund of India, payment of moneys into or
withdrawal from such funds
4. Appropriation of moneys out of the Consolidated Fund of India
5. Declaration of any expenditure as charged on the Consolidated Fund of India or increasing the
amount of such expenditure
6. Receipt of money on account of the Consolidated Fund of India or the public account of India or
the custody or issue of such money or the audit of the accounts of the Union or of a State
7. Any matter incidental to any of the matters specified above

Legislative Procedure for Money Bills: The procedure for passing a Money Bill differs significantly
from that of ordinary bills:

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1. Introduction: Money Bills can only be introduced in the Lok Sabha (Lower House) and that too
on the recommendation of the President.
2. Lok Sabha's Role: The Lok Sabha debates and passes the Money Bill like any other bill.
3. Rajya Sabha's Limited Role: Once passed by the Lok Sabha, the bill is sent to the Rajya Sabha
(Upper House). The Rajya Sabha has only 14 days to consider the bill and can only make
recommendations, which the Lok Sabha may or may not accept.
4. Presidential Assent: After passing through both houses, the bill is sent to the President for
assent. The President cannot return a Money Bill for reconsideration.

Speaker's Certification and Controversy: The Speaker of the Lok Sabha has the final authority to
certify whether a bill qualifies as a Money Bill. This certification cannot be challenged in any court of
law. This provision has led to significant controversy in recent years:
1. Expansive Interpretation: Critics argue that the Speaker's power has been used to classify bills
with only tangential financial implications as Money Bills.
2. Bypassing Rajya Sabha: This classification allows the government to effectively bypass the
Rajya Sabha, where it may not have a majority.
3. Notable Examples: Several significant laws have been passed as Money Bills, including:
o The Aadhaar Act, 2016
o Finance Act, 2017 (which amended several tribunal-related laws)
o Amendments to the Prevention of Money Laundering Act (PMLA)

Constitutional Challenges and Judicial Review: The broad interpretation and usage of Money Bills
have been challenged in the Supreme Court:
1. Jairam Ramesh vs Union of India: This case challenged the classification of the Aadhaar Act as
a Money Bill.
2. Supreme Court's Initial View: In the Puttaswamy judgment (2018), the Supreme Court upheld
the Speaker's decision to classify the Aadhaar Act as a Money Bill by a 4:3 majority.
3. Reconsideration: However, in November 2019, a five-judge bench of the Supreme Court
referred the Money Bill question to a larger bench, recognizing its constitutional importance.
4. Pending Review: A seven-judge bench is expected to examine this issue, potentially reshaping
the understanding and application of the Money Bill provision.

Significance of Money Bills: Money Bills play a crucial role in India's financial governance and
legislative process. Their significance can be understood through several key aspects:
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1. Financial Control: Money Bills are the primary mechanism for the government to manage the
country's finances, including taxation, borrowing, and expenditure. They ensure that the elected
representatives in the Lok Sabha have direct control over the nation's financial matters.
2. Efficient Fiscal Management: By streamlining the process for financial legislation, Money Bills
allow the government to implement budgetary and fiscal policies more efficiently, which is
crucial for economic stability and growth.
3. Parliamentary Supremacy: The special provisions for Money Bills reinforce the principle of
parliamentary supremacy in financial matters, particularly the primacy of the Lok Sabha (the
directly elected house) over the Rajya Sabha.
4. Accountability: The process of passing Money Bills ensures that the government's financial
decisions are subject to parliamentary scrutiny, promoting transparency and accountability in
fiscal management.
5. Constitutional Balance: The Money Bill provision aims to strike a balance between the need for
expeditious financial legislation and the principles of bicameralism in India's parliamentary
system.

Issues Surrounding Money Bills: Despite their significance, the use of Money Bills has been a subject
of controversy and debate in recent years:
1. Bypassing Rajya Sabha: The primary concern is that the Money Bill route can be used to
circumvent the Rajya Sabha, undermining the bicameral nature of Parliament. This is particularly
problematic when the ruling party lacks a majority in the Upper House.
2. Broad Interpretation: There are concerns about the expansive interpretation of what constitutes
a Money Bill. Critics argue that bills with only tangential financial implications have been
classified as Money Bills to avoid Rajya Sabha scrutiny.
3. Speaker's Discretion: The finality accorded to the Speaker's decision in certifying a bill as a
Money Bill has been questioned. This power, not subject to judicial review, could potentially be
influenced by partisan considerations.
4. Controversial Usage: Several significant laws, such as the Aadhaar Act and amendments to the
Prevention of Money Laundering Act (PMLA), were passed as Money Bills, raising concerns
about the misuse of this provision.
5. Constitutional Challenges: The broad interpretation and usage of Money Bills have been
challenged in the Supreme Court. A seven-judge bench is expected to examine this issue,
potentially reshaping the understanding and application of the Money Bill provision.

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6. Impact on Federalism: Money Bills can affect fiscal federalism by impacting the financial
relationships between the Centre and States without adequate representation of state interests in
the Rajya Sabha.
7. Legislative Strategy: The outcome of judicial reviews on Money Bills could significantly impact
the government's legislative strategy, especially for contentious bills where it lacks a majority in
the Rajya Sabha.

Overview of Passage of Bills and Budget

Stage Description Additional Details

● Money bills can only be introduced in Lok
A bill can be introduced by a minister Sabha on President's recommendation.
Introduction of the (government bill) or a private member in ● The member must give at least 7 days' notice
Bill either house of Parliament. before introduction.

● For government bills, no formal motion is

required.
The bill is introduced and its title is read out ● For private member bills, a motion for
First Reading without discussion. introduction is put to vote.

● This stage has two sub-stages: general

discussion and clause-by-clause consideration.
General principles and provisions of the bill ● The bill may be referred to a select committee
Second Reading are discussed. or joint committee.

● The committee can suggest amendments.

● Expert opinions may be sought.
If referred, the select committee examines the ● This stage is optional but common for
Committee Stage bill clause by clause and submits a report. important bills.

The bill is considered clause by clause in the ● Members can move amendments.
Consideration Stage house. ● Each amendment is discussed and voted upon.

● Only formal and verbal amendments are

allowed at this stage.
The bill is put to vote for final passage in the ● The bill is passed by a simple majority, except
Third Reading house. for Constitutional Amendment Bills.

● If amended, it's sent back to the originating

house.
Transmission to the The bill goes through similar stages in the ● In case of disagreement, a joint session may be
other House other house. called.

● The President can give assent, withhold assent,

or return the bill for reconsideration (except
money bills).
After being passed by both houses, the bill is ● If returned and passed again, the President must
President's Assent sent to the President for assent. give assent.

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Stage Description Additional Details

● The Act is published in the Gazette of India.
Once the President gives assent, the bill ● It comes into force from the date mentioned in
Becomes an Act becomes an Act. the Act or as notified by the government.

Passing a Budget:

Stage Description Key Points

- Art. 112
-Includes Annual Financial Statement, Demand
for Grants, Finance Bill
The Finance Minister presents the Union - Also laid before the Rajya Sabha
Presentation of the Budget Budget in the Lok Sabha - Typically presented on February 1st

- Usually lasts 3-4 days

A general debate on the budget takes place - No voting at this stage
General Discussion in both Houses - Discusses general economic policy

- 24 departmental committees scrutinize in detail

Scrutiny by Departmental Standing Committees examine Demands for - Committees submit reports to both Houses
Committees Grants - Takes about 3-4 weeks

- Art. 113
- Exclusive privilege of Lok Sabha
Voting on Demands for - Members can move cut motions
Grants Lok Sabha votes on the Demands for Grants - Guillotine applied to outstanding demands

- Art. 114
- Introduced in Lok Sabha after Demands are
voted
Passing of Appropriation Bill authorizing withdrawal from - No amendments can be proposed
Bill Consolidated Fund - Rajya Sabha can only recommend changes

- Art. 117
- Classified as Money Bill
- Lok Sabha can accept or reject Rajya Sabha's
recommendations
Passing of Finance Bill Bill containing tax proposals is passed - Must be passed within 75 days

- Art. 111
- President's signature completes the process
- Budget enacted before April 1st (new financial
President's Assent Bills sent to President for approval year)

Additional Notes:
● The entire process typically takes about 75 days.
● If not passed in time, the government can take a Vote on Account for essential expenditures.
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● The budget is considered passed only after both the Appropriation Bill and Finance Bill receive
the President's assent.
● Rajya Sabha has limited powers in the budget process, as it cannot vote on Demands for Grants or
amend Money Bills.

Associated topics:

i. Cut Motion:

Type of Cut Motion Amount of Reduction Purpose Key Features

- Represents disapproval of policy
- Must specify particular policy for
To disapprove the policy underlying discussion
Policy Cut Re. 1 the demand - Allows advocacy for alternative policies

- Can be lump sum reduction or specific

item reduction
- Must indicate matter to be discussed
- Speeches confined to how economy can
Economy Cut Specified amount To effect economy in the expenditure be effected

- Used to raise a specific grievance

- Discussion limited to the specified
grievance
Token Cut Rs. 100 To ventilate a specific grievance - Symbolic in nature

Common Features of All Cut Motions:

● Can only be introduced in Lok Sabha
● Require Speaker's admission
● Notice must be given at least one day prior
● Must relate to one demand only
● Cannot relate to charged expenditure
● Cannot suggest amendments to laws
● Cannot raise matters under judicial consideration
Significance:
● Passage amounts to censure of government policy
● May lead to government resignation if passed
● Rarely passed due to government's majority

ii. Funds of India:

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Aspect Consolidated Fund of India Contingency Fund of India Public Accounts of India
Constitutional
Provision Article 266(1) Article 267(1) Article 266(2)

Main fund for all government Buffer for urgent unforeseen Repository for funds held in
Nature receipts and expenditures expenditures trust

All government revenues, loans, and Corpus of Rs. 500 crores (as of Provident funds, small savings,
Contents recoveries 2005) reserve funds, deposits

Requires parliamentary approval No prior parliamentary approval No parliamentary approval

Withdrawals through Appropriation Bills needed needed

Operated by Finance Secretary on

Operation Operated by the government behalf of the President Government acts as a banker

Repayment of money received in

Usage All regular government expenditures Emergency or unforeseen expenses trust

Audited by Comptroller and Auditor

Auditing General (CAG) Audited by CAG Audited by CAG

Through regular government Through parliamentary approval

Replenishment receipts after use Through deposits and interest

State-level
Equivalent Consolidated Fund of the State Contingency Fund of the State Public Account of the State

Key Points:
● The Consolidated Fund is the largest and most significant, requiring parliamentary oversight for all
withdrawals.
● The Contingency Fund provides flexibility for emergencies but is limited in size and must be replenished.
● The Public Accounts holds funds that don't belong to the government, acting more as a trustee or banker.

Overview of Parliamentary Committees

The contemporary legislative bodies face an overwhelming workload with constrained time resources,
making it impractical to conduct comprehensive and methodical examinations of every issue within the
main chamber. In this context, Parliamentary Committees serve as a crucial component of the legislative
process. These committees act as dynamic intermediaries, bridging the gap between the Parliament, the
Executive branch, and the citizenry.

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Role of Parliamentary Committees: Parliamentary Committees play a vital role in addressing the
challenges posed by the limited time and extensive workload of modern legislatures. They serve several
important functions:
● Detailed Scrutiny: Committees allow for in-depth examination of complex issues that cannot be
adequately addressed on the floor of the House due to time constraints.
● Expertise and Specialization: Members of committees often develop specialized knowledge in
their respective areas, enabling more informed decision-making.
● Efficiency: By dividing the workload among various committees, the legislative process becomes
more efficient and thorough.
● Public Engagement: Committees provide a platform for public participation through hearings
and submissions, enhancing the democratic process.

Bridge Between Stakeholders: Parliamentary Committees serve as a crucial link between various
stakeholders in the democratic process:
● Parliament and Executive: Committees scrutinize government policies and actions, holding the
executive accountable to the legislature.
● Parliament and Public: They provide a forum for citizens and interest groups to voice their
concerns and contribute to the legislative process.
● Bipartisan Cooperation: Committees often foster collaboration across party lines, away from the
public spotlight of the main chamber.

Provisions for the Parliamentary Committees:

Source of Authority/ Backing Description

● Article 105: Powers, privileges, and immunities of Parliament and its members
Constitutional Provisions ● Article 118: Empowers Houses to make rules for procedure and business conduct

o Detailed provisions on composition, appointment, functions, and procedures of

Rules of Procedure committees in Lok Sabha and Rajya Sabha

Directions by
Speaker/Chairman o Specific instructions issued regarding committee functioning

Conventions and Practices o Established parliamentary norms that have evolved over time

Specific Acts of Parliament o E.g., Comptroller and Auditor General's Act, 1971 mentioning certain committees

Resolutions of the Houses o Used to set up ad hoc committees like Joint Parliamentary Committees (JPCs)

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Criteria for Parliamentary Committee:

● Appointed or elected by the house or nominated by speaker or chairman.
● Works under the direction of the Speaker/Chairman.
● Presents its report to the house or to the speaker/chairman.
● Has a secretariat provided by Lok Sabha/Rajya Sabha.
Consultative Committees, which also consist of members of Parliament, are not
parliamentary committees as they do not fulfill the above criteria.

Types:

1. Standing Committees: Standing Committees are permanent committees that are reconstituted
periodically, typically on an annual basis. They are an integral part of the parliamentary system
and have a continuous existence. These committees deal with specific subjects or areas of
governance and are designed to provide ongoing oversight and expertise in their respective
domains.
Key features:
● Permanent in nature
● Reconstituted regularly (usually annually)
● Deal with specific subjects or departments
● Provide continuous parliamentary oversight

2. Ad Hoc Committees: Ad Hoc Committees, also known as Select Committees, are temporary
committees formed for a specific purpose or to address a particular issue. They are dissolved once
their assigned task is completed or their report is submitted. These committees are created as
needed to deal with urgent or specialized matters that require focused attention.
Key features:
● Temporary in nature
● Created for a specific purpose
● Dissolved after completing their task
● Address urgent or specialized issues

Category Committees
Standing Committees

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Category Committees
• Public Accounts Committee
• Estimates Committee
Financial Committees • Committee on Public Undertakings

Departmental Standing Committees 24 committees covering all ministries/departments

• Committee on Petitions
• Committee of Privileges
Committees to Inquire • Ethics Committee

• Committee on Government Assurances

• Committee on Subordinate Legislation
Committees to Scrutinize and Control • Committee on Papers Laid on the Table

• Business Advisory Committee

Committees related to day-to-day business • Rules Committee

• House Committee
• General Purposes Committee
House-keeping Committees • Library Committee

Ad hoc Committees

• Select Committees on Bills

Temporary committees • Joint Parliamentary Committees

Detailed Overview:

Committee Type Committee Name Total Members Lok Sabha Rajya Sabha
Standing
Committees

Most Standing Committees (e.g., Business Advisory,

Privileges, Govt. Assurances) 15 15 0

Committee on Empowerment of Women 30 20 10

Committee on Welfare of SC & ST 30 20 10

Joint Committee on Offices of Profit 15 10 5

Joint Committee on Salaries and Allowances of MPs 15 10 5

House Committee 12 12 0

Library Committee 9 6 3

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Committee Type Committee Name Total Members Lok Sabha Rajya Sabha
Ad Hoc
Committees

Committee on Ethics 15 15 0

Committee on Food Management 15 10 5

Not
Committee on MP Local Area Development Scheme 24 specified Not specified

Railway Convention Committee 18 12 6

Not
Committee on Violation of Protocol Norms 15 specified Not specified

Committee on Installation of Portraits/Statues 12 8 4

Not
Committee on Provision of Computers 10 specified Not specified

Joint Committee on Security 10 7 3

Some Important Committees: Analysis:

Public Accounts Committee

Aspect (PAC) Estimates Committee Ethics Committee Privileges Committee

Composition 22 members (15 LS + 7 RS) 30 members (all LS) 15 members (LS), 10 members (RS) 15 members (LS), 10 members (RS)

Appointment Elected annually by Parliament Elected annually by Lok Sabha Nominated by Speaker/Chairman Nominated by Speaker/Chairman

From opposition, appointed by From ruling party, appointed by

Chairman Speaker Speaker Appointed by Speaker/Chairman Appointed by Speaker/Chairman

Examines accounts and CAG Oversees ethical conduct of

Primary Function reports Examines budget estimates members Examines breaches of parliamentary privileges

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Public Accounts Committee

Aspect (PAC) Estimates Committee Ethics Committee Privileges Committee

1. Scrutinize appropriation of
funds
2. Examine financial 1. Suggest alternative policies 1. Formulate Code of Conduct
irregularities 2. Propose administrative reforms 2. Examine complaints of unethical 1. Determine nature of privilege breaches
3. Ensure proper expenditure of 3. Review budgetary allocations conduct 2. Recommend action on privilege issues
public money 4. Suggest improvements in 3. Recommend disciplinary action 3. Summon individuals for examination
Key 4. Suggest efficiency measures organization 4. Maintain standards of conduct 4. Suggest procedures for privilege matters
Responsibilities 5. Review CAG reports 5. Report on money allocation 5. Investigate misconduct cases 5. Consider privilege violation requests

1. Ensures financial 1. Promotes efficiency in

accountability administration
2. Acts as watchdog over 2. Provides inputs for policy
expenditure formulation 1. Maintains integrity of Parliament 1. Protects rights of Parliament and members
3. Enforces regularity in 3. Continuous review of budget 2. Builds public trust 2. Maintains dignity of the House
Significance financial administration implementation 3. Promotes ethical behaviour 3. Balances parliamentary and citizen rights

Scope Post-expenditure audit Pre-expenditure examination Ethical oversight Protection of parliamentary privileges

Reporting Reports to Parliament Reports to Parliament Reports to respective House Reports to respective House

Nature of
Recommendation
s Advisory but generally accepted Advisory but influential Can lead to disciplinary actions Not binding but carry significant weight

1. Cannot question policy

decisions
2. Post-mortem examination 1. Cannot suggest tax structure 1. Relatively new committee
3. Recommendations not changes 2. May face resistance from 1. Recommendations not binding
Limitations binding 2. Recommendations are advisory members 2. Can conflict with other democratic principles

Established in 1921 based on Established in 1997 in LS, 1997 in

Historical Context UK model Set up first in 1950 RS One of the oldest committees

Issues surrounding ‘Parliamentary Committees’ : Possible Solutions & Challenges in

Implementation:

Issue Description Impact Possible Solutions Challenges in Implementation

• Make committee
• Reduced referrals mandatory for
opportunity for all bills
Sharp decrease in bills detailed examination • Set a minimum time
referred to committees for • Allows government period for committee • Resistance from government
scrutiny (25% in 16th Lok to push through bills examination seeking quick passage of bills
Declining referral Sabha vs 71% in 15th Lok without adequate • Require explanations • Balancing efficiency with thorough
of bills Sabha) scrutiny for non-referral scrutiny

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Issue Description Impact Possible Solutions Challenges in Implementation

• Weakens democratic
process

• Increase tenure to
• Limits expertise match Lok Sabha term (5
development years)
• Affects continuity in • Implement staggered
examining long-term membership changes
Most committees have a issues • Provide for
Short tenure of one-year tenure with • Reduces committee continuation of ongoing • Balancing fresh perspectives with
committees annual reconstitution effectiveness studies continuity

• Establish dedicated
• Affects quality and research units for
depth of scrutiny committees
• Limits ability to • Collaborate with think
examine complex tanks and academic
Inadequate research staff issues institutions • Budgetary constraints
Lack of technical and domain experts to • Reduces the value of • Provide budget for • Ensuring neutrality of external
support assist committees committee reports hiring subject experts experts

• Undermines • Implement secret voting

cross-party consensus for crucial decisions
building • Encourage rotation of
Committees often work • Reduces objectivity chairmanship between • Overcoming entrenched political
along party lines, in examinations parties divisions
Partisan especially on sensitive • Weakens committee • Provide training on • Balancing party interests with
functioning issues recommendations non-partisan functioning national interests

• Affects effective
functioning and
oversight
• Delays • Implement stricter
decision-making attendance rules
Poor attendance in process • Link attendance to • Resistance from MPs with multiple
committee meetings, often • Undermines the parliamentary privileges commitments
Absenteeism and below quorum seriousness of • Public reporting of • Ensuring quality participation, not
lack of quorum requirements committee work attendance records just attendance

• Make it mandatory for

• Reduces government to respond to
effectiveness in recommendations
influencing policy and • Require parliamentary
Recommendations not legislation debate on major • Maintaining balance of power
binding on government, • Weakens recommendations between legislature and executive
reducing committee parliamentary • Grant some committees • Ensuring government accountability
Limited powers influence oversight of executive statutory status without paralysis

• Live streaming of
• Reduces public selected committee
awareness and proceedings
engagement with • Regular public
Limited public legislative process consultations on bills • Balancing transparency with
participation or • Misses valuable • Simplified reporting of confidentiality needs
Lack of public transparency in committee inputs from civil committee work for • Managing logistics of public
engagement proceedings society public consumption participation

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Issue Description Impact Possible Solutions Challenges in Implementation

• Increase number of
committees
• Affects quality and • Better distribution of
Increasing complexity of timeliness of scrutiny work among committees • Coordinating between increased
Overburdening governance leading to • Leads to superficial • Prioritization of issues number of committees
of committees excessive workload examination of issues for detailed examination • Avoiding duplication of work

• Set minimum time

limits for committee
examination
• Compromises • Allow for extension of
thoroughness of examination period if
Little time given to examination needed • Balancing legislative urgency with
examine bills or policies, • Leads to hasty and • Limit the use of thorough examination
Inadequate time especially for urgent potentially flawed ordinances to bypass • Managing parliamentary calendar
for scrutiny legislation legislation committee scrutiny effectively

• Establish a dedicated
unit for tracking
recommendation
implementation
• Regular status reports
Inadequate follow-up on • Reduces long-term to Parliament on • Ensuring cooperation from
implementation of impact on governance implementation executive branch
Weak follow-up committee • Weakens the • Periodic review • Maintaining focus on older
mechanisms recommendations accountability cycle meetings with ministries recommendations

• Establish clear criteria

• Can be misused for for referral/non-referral
politically sensitive of bills
bills • Require justification for • Balancing Speaker's authority with
Discretionary Speaker/Chairman can • Undermines non-referral decisions systematic processes
powers of bypass committee scrutiny systematic scrutiny • Allow for challenge of • Avoiding politicization of referral
presiding officers for bills process non-referral decisions decisions

• Strengthen powers of
financial committees
• Affects fiscal • Improve coordination
Despite financial accountability with CAG • Dealing with technical complexity
committees, oversight of • Allows for potential • Regular performance of financial matters
Limited financial government expenditure misuse of public audits of government • Ensuring timely availability of
oversight remains limited funds schemes financial data

Parliamentary System: UK v. India

Aspect United Kingdom India

Bicameral: House of Commons, House of
Structure Lords Bicameral: Lok Sabha, Rajya Sabha

Lower House
Composition 650 elected MPs 543 elected members

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Aspect United Kingdom India

Lower House Term 5 years (can be dissolved earlier) 5 years (can be dissolved earlier)

Upper House
Composition ~800 members (mostly appointed) 250 members (238 elected, 12 nominated)

Upper House Term Life tenure for most peers 6-year terms, 1/3 retire every 2 years

Head of State Monarch (ceremonial, hereditary) President (ceremonial, elected for 5-year term)

Head of Government Prime Minister Prime Minister

PM selected by Monarch, Cabinet from

Executive Formation MPs/Lords PM selected by President, Cabinet from MPs

Cabinet Responsibility Collective responsibility to Parliament Collective responsibility to Lok Sabha

Lower House Elections First-past-the-post system First-past-the-post system

Voting Age 18 years 18 years

Upper House Selection Mostly appointed life peers, some hereditary Indirectly elected by state legislatures

Legislative Process 9 stages including Royal Assent 8 stages including President's assent

Must originate in Commons, Lords can't Must originate in Lok Sabha, Rajya Sabha can't
Money Bills amend amend

Constitutional
Framework Unwritten (statutes, conventions, precedents) Written

Constitutional Special majority in Parliament, sometimes state

Amendments Simple majority in Parliament ratification

System of Government Unitary with devolved powers Federal with unitary features

Power Distribution Devolution to Scotland, Wales, N. Ireland Union, State, and Concurrent Lists

Judicial Review Limited due to parliamentary sovereignty Strong, vested in Supreme Court

Appointment of Judges By Monarch on PM's advice By President after consultation with CJI

Party System Traditionally two-party dominant Multi-party with coalitions common

Historical Evolution Evolved over centuries Adapted from British system post-1947

Electoral Commission, Boundary

Electoral Oversight Commissions Election Commission of India

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Aspect United Kingdom India

Dissolution of Lower
House By the Monarch on PM's advice By the President on Cabinet's advice

Confidence Motions Can be initiated in Commons Can be initiated in Lok Sabha

Parliamentary Standing Committees, Department-related

Committees Select Committees, Public Bill Committees Committees

Question Time Weekly Prime Minister's Questions Daily Question Hour in both Houses

Impeachment No formal process for PM Formal process for President, not PM

Emergency Powers Civil Contingencies Act 2004 Article 352 (national), 356 (state), 360 (financial)

Panchayati Raj system (rural), Municipalities

Local Government Two-tier and unitary authorities (urban)

Official Languages English (de facto) Hindi and English, 22 scheduled languages

Bureaucracy Civil Service All India Services, Central Services

President supreme commander, PM effective

Military Control Monarch nominal head, PM effective control control

Anti-Defection Law No formal law 10th Schedule of the Constitution

Whip System Three-line, two-line, one-line whips Similar system with variations

Parliamentary
Sovereignty Fundamental principle Limited by Basic Structure doctrine

Role of a Parliamentarian

Parliamentarians have several important roles and responsibilities:

1. Representation: They represent their constituents and act as a link between citizens and the
government. This involves communicating constituents' views and concerns to Parliament and
advocating on their behalf.
2. Legislation: Parliamentarians are involved in drafting, debating, and passing laws. They
introduce bills, participate in legislative debates, and vote on proposed legislation.
3. Oversight: They scrutinize and hold the government accountable through various mechanisms
like parliamentary questions, debates, and committee work.
4. Budgetary control: Parliamentarians approve and oversee government spending and taxation.
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5. Constituency work: They assist constituents with issues, act as lobbyists for local interests, and
maintain an active presence in their electoral districts.
6. Policy development: Many parliamentarians contribute to developing and promoting their party's
policies.

Detailed Overview:
Electoral Role: Legislators play a crucial electoral role as electors of other Crucial positions:
● Electing President and Vice-President
● Electing Speaker and Deputy Speaker.
● Electing Vice- chairman of Rajya Sabha.
Developmental Role: Legislators contribute to national and local development in several ways:
● They influence policies and budgets at the national level that can impact development.
● Legislators monitor policy implementation programs at local levels.
● They can act as catalysts for development initiatives both domestically and internationally.
● Through their oversight function, legislators can ensure government spending aligns with
development priorities.
● They may sponsor or support legislation aimed at promoting economic and social development in
their constituencies and the nation as a whole.
● They Utilise and supervise the utilization of MPLAD Fund.
Deliberative Role: The deliberative function is a core aspect of a legislator's duties:
● Legislators participate in debates on important national issues and proposed legislation.
● They engage in deliberation through committee work, where detailed examination of issues and
bills takes place.
● In some systems, like the UK Parliament, deliberation occurs openly on the floor of the
legislature, while in others, like the US Congress, much deliberation happens in closed
committees.
● Deliberation allows for the exchange of ideas, negotiation, and consensus-building among
legislators from different parties and backgrounds.
● The deliberative process helps refine legislation and policy proposals before they are enacted.
Institutional Role: Parliamentarians play a crucial role in:
● Upholding democracy and the rule of law
● Promoting and protecting human rights
● Providing checks and balances on executive power
● Ensuring transparency and accountability in governance
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● Facilitating public participation in the political process

Challenges Faced: Parliamentarians today face several key challenges:

1. Disruptions and adjournments: Frequent disruptions during parliamentary sessions waste time
and resources, preventing effective legislative work.
2. Lack of participation: Many members remain absent or do not actively participate in debates
and discussions.
3. Poor quality of legislation: Bills passed often lack clarity and are not well thought out, leading
to implementation issues.
4. Lack of diversity: Women, minorities, and marginalized communities remain underrepresented
in many parliaments.
5. Low productivity: Short sessions, low attendance, and backlogs of pending bills delay the
legislative process.
6. Balancing national and local interests: Parliamentarians must navigate conflicting demands of
constituents and broader national priorities.
7. Media scrutiny and public expectations: MPs face intense scrutiny in the era of 24/7 news
cycles and social media.
8. Ethical standards: Maintaining high ethical standards and avoiding conflicts of interest is crucial
but challenging.
9. Technological adaptation: Parliaments must adapt to new technologies for communication and
information management.
Evolution of the Role: The role of parliamentarians has evolved significantly:
1. Increased focus on constituency service: MPs now spend more time addressing local concerns
and being accessible to voters.
2. Greater specialization: Committee work has become more important, allowing for in-depth
scrutiny of specific policy areas.
3. Enhanced oversight function: There's an increased emphasis on holding the executive
accountable.
4. Expanded international engagement: Parliamentary diplomacy has grown in importance.
5. Adaptation to technology: Parliaments have incorporated new technologies for voting,
record-keeping, and public engagement.
6. Environmental role: Parliaments are increasingly involved in addressing climate change and
environmental issues.
Importance in Modern Democracy: Parliamentarians remain central to democratic governance by:
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1. Providing legitimacy: As elected bodies, they confer democratic legitimacy on government

actions.
2. Facilitating peaceful power transitions: Regular elections and parliamentary processes enable
smooth transfers of power.
3. Promoting inclusive decision-making: Parliaments bring diverse viewpoints into the
policy-making process.
4. Serving as a check on executive power: Through oversight and scrutiny, they help prevent
abuse of power.
5. Representing citizen interests: Parliamentarians act as a link between citizens and the
government.
6. Shaping public discourse: Parliamentary debates help frame national discussions on important
issues.
7. Upholding rule of law: They play a crucial role in creating and maintaining the legal framework
of society.
8. Promoting human rights: Parliaments can legislate to protect and advance human rights.
9. Budgetary control: They approve and oversee government spending, ensuring fiscal
accountability.
10. Crisis management: During national emergencies, parliaments play a vital role in
decision-making and oversight.
11. Fostering international cooperation: Through inter-parliamentary bodies, they contribute to
global governance.
12. Educating the public: Parliamentary proceedings serve an important educational function about
democratic processes and policy issues.

Parliamentary Data-sets
Overview

1. Composition:
● Size:

o The Bharatiya Janata Party (BJP) is the largest party in the 18th Lok Sabha,
with 240 seats.
o The next largest party is the Indian National Congress (INC), with 99 seats,
followed by the Samajwadi Party (37 seats).
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o National parties have won 346 seats (64%), parties recognized as state parties
in at least one state have won 179 seats (33%), 11 seats have been won by
unrecognized parties, and seven by independents.
o 52% of newly-elected MPs are first-timers in Lok Sabha
● Age: Parliament is getting older. The average age of MPs elected to the 18th Lok
Sabha is 56 years.
I. 11% of MPs are 40 years of age or younger, and 38% are between 41 and 55
years of age.
II. 52% of MPs are older than 55 years.
● Gender: 14% of MPs are women.
● Education: 78% of newly elected MPs have completed undergraduate education.
2. Working of the 17th Lok-Sabha:
A. The Deputy Speaker was not elected for the first time.
B. A total of 221 Bills were passed during the 17th Lok Sabha, and 4 bills lapsed.
C. A significant portion of the Bills, over one-third—were passed with less than an
hour of discussion.
D. 13% of the Bills were discussed for 1-2 hours, 22% for 2-3 hours, and 30% for more
than 3 hours.
E. Less than 20% of Bills referred to Committees in the Lok Sabha, and on average,
Committees held nine meetings to finalize reports on Bills.
F. 11 private member resolutions were moved in Lok Sabha, of which three were
discussed and none were adopted.
G. Question hour functioned for 60% of the scheduled time in Lok Sabha and 52% in
Rajya Sabha.
H. MPs were suspended on 206 instances, across both Houses of Parliament. In Winter
Session 2023, 146 MPs were suspended for serious misconduct in the House. Several
key pieces of legislation, like the new Bills to reform criminal laws, were passed after
MPs were suspended.

Detailed Analysis
Data: Legislative Functioning

MPs (Members) : 17LS&RS

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

● On average, MPs had 79% attendance, attendance of MPs has ranged between 75% and 80%
since the 15th LS .
● On average, MPs from Maharashtra asked the most questions (370 per MP), followed by Andhra
Pradesh (275), and Rajasthan (273) .
● Younger MPs asked more questions, MPs who were lower than 60 years of age asked 226
questions on average, while those above 60 years asked 180.
● On average, MPs participated in 45/500+ debates during the 17th Lok Sabha
o MPs with higher education participated in more debates.
o Men and Women MPs had almost similar participation, though men
were marginally higher.
● MPs were suspended on 206 instances, across both Houses of Parliament: In Winter Session
2023, 146 MPs were suspended for serious misconduct in the House
18 LS & RS: Comparison:
● 52% of newly-elected MPs are first-timers in Lok Sabha: Out of the 53 ministers who contested,
35 have won.
● The average age of MPs elected to the 18th Lok Sabha is 56 years, this was 56 Years in the 17th
Lok Sabha. 11% of MPs are 40 years or younger.
● 74 MPs (14%) elected to the 18th Lok Sabha are women. This is marginally lower than in 2019.
While there has been a slow increase in the number of women in Lok Sabha over the years, India
still lags behind several countries. For example, 46% of MPs in South Africa, 35% in the UK, and
29% in the USA are women
● 78% of MPs of the 18th Lok Sabha have completed at least undergraduate education. This
proportion is the same for newly-elected women MPs.
● Agriculture and social work are the most common professions among MPs.
● 46% have pending criminal cases, 31% serious pending cases, 93% worth over 1 crore.

Presiding Officers:
17LS
● First time Lok Sabha did not elect the Deputy Speaker for its entire duration.

Houses & Procedure:

17LS&RS:

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

● Fewest sittings amongst all full-term Lok Sabhas; only four previous Lok Sabhas have had fewer
sittings, all of which were dissolved before completing the five-year term.
● 11 out of the 15 sessions held during this Lok Sabha were adjourned early.
● 40 scheduled sittings did not take place (13% of scheduled sittings) .
● Discussions:

▪ About 31% of the total functioning time in Lok Sabha, and 32% in Rajya Sabha was

spent on discussions other than legislation and budgets.

▪ Special discussions were held on 75 years of Parliament, and India’s achievements in

space.

▪ Only one half-an-hour discussion was held in Lok Sabha (on beneficiaries of a rural

housing scheme).

▪ 13 short duration discussions were held in Lok Sabha, covering issues such as climate

change, price rise, promotion of sports in India, and the situation in Ukraine.

▪ 14 short duration discussions were held in Rajya Sabha.

▪ In August 2023, a motion of no-confidence was moved and discussed in Lok Sabha. The

discussion lasted 20 hours.

▪ No adjournment motions were taken up either in the 16th or the 17th Lok Sabha.

▪ Two such motions were discussed in the 15th and seven in the 14th Lok Sabha.

▪ Question Hour functioned for 60% of scheduled time in Lok Sabha and 52% in Rajya

Sabha.

▪ 24% of questions listed for oral response were answered by Ministers in the House in Lok

Sabha, and 31% in Rajya Sabha.

▪ Question Hour was cancelled in the Monsoon Session 2020, due to the pandemic.

Legislative Business:
17LS&RS:

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

● 179 Bills (excluding Finance and Appropriation Bills) were passed . Key Bills passed include:
o Women Reservation, 2023, Appointment of CEC, 2023, 3 Labour Codes, Digital Data
Protection Bill, 2023, 3 Farm laws (which were later repealed), Bills replacing the IPC,
1860, the CrPC, 1973, and the Indian Evidence Act, 1872 .
● Most Bills introduced during the term of the 17th LS were passed.
● 58% of the Bills were passed within two weeks of their introduction.
● The J&K Reorganisation Bill, 2019, and the Women’s Reservation Bill, 2023 were passed within
two days of introduction.
● 35% of Bills in LS and 43% of Bills in RS were passed with less than an hour of discussion.
● Majority of Bills were passed without recorded voting (voice vote).
● Four Bills have lapsed with the dissolution of 17 LS. This is the lowest number among all Lok
Sabhas so far.
● 19 Bills introduced in Rajya Sabha during previous Lok Sabhas are also pending.
Private Member Bills:

▪ 729 Private Members’ Bills (PMBs) were introduced in the 17th Lok Sabha (2nd highest

till now): Only 2 were discussed.

▪ About 73% of MPs did not introduce any PMBs during the 17th Lok Sabha.

▪ 705 PMBs were introduced in Rajya Sabha: 14 were discussed.

▪ Till date, only 14 PMBs have been passed and received assent. None have been passed in

both Houses since 1970.

Budgetary Discussions:
● Over the years, the time spent on budget discussions in Lok Sabha has reduced.
● The 17th LS discussed the annual budget for 35 hours on average (in the Lower House).
● Between 2019 and 2023, on average, about 80% of the budget has been voted on without
discussion.
● In 2023, the entire budget was passed without discussion. This has happened twice in the last
decade - 2018 & 2013.

Committees:
17LS&RS:

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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

● 16% of Bills were referred to Committees for detailed scrutiny. This is lower than corresponding
figures for the previous three Lok Sabhas.
● Four Bills were referred to Joint Parliamentary Committees, and one (the Surrogacy (Regulation)
Bill, (2019) to a Rajya Sabha Select Committee.
● 50% of reports on Bills were presented within 115 days.
● On average, Committees held 9 meetings to finalise reports on Bills .
● During the 17th Lok Sabha, Parliamentary Committees (3 Financial Committees and 24
Department-related Standing Committees (DRSCs)) held about 1,700 meetings. The average
duration of a Committee meeting was about 2 hours.
● 3 Financial Committees presented about 180 reports, and the 24 DRSCs presented about 1,100
reports.
● About 50% of reports presented by Committees were ATRs.
● Between 2020 and 2023, 32% of reports on the proposed expenditure was presented before the
budget was passed.
● 19% of reports by DRSCs were on subjects other than Bills and budgets.

Data: on Voting
Voter Turnout:
● The voter turnout for the Lok Sabha Elections 2024 was 66.12%, slightly lower than the 67.35%
in 2019.
● The highest voter turnout was recorded in the Dhubri constituency in Assam (92.21%), while the
lowest was in Srinagar, Jammu and Kashmir (38.63%).
Voter Share of Winners:
● Winners in 2024 secured an average of 50.58% of the total votes polled, a decrease from the
52.65% in 2019.
● 279 winners (51%) secured over 50% of the votes in their constituencies, while 263 winners
(49%) won with less than 50% of the vote share.
● Notably, BJP candidates dominated the highest vote share categories, with Shankar Lalwani from
Indore leading with a 78.54% vote share.
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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

Representativeness of Winners:
● Winners represented an average of 33.44% of the total registered voters, slightly lower than the
35.46% in 2019.
● This indicates that the elected representatives are backed by roughly one-third of the electorate in
their constituencies, reflecting potential issues in the representativeness of the electoral system.
Margin of Victory:
● Five candidates won with a margin of less than 2,000 votes, highlighting closely contested seats.
● On the other end, five winners secured victory with a margin of over 50%, showcasing strong
mandates in certain constituencies.
● Shivraj Singh Chouhan (BJP) from Vidisha won with the highest margin of 56.43%.

Performance of Winners with criminal antecedents:

● 106 out of 251 winners with declared criminal cases secured more than 50% of the vote share.
● 112 winners with criminal backgrounds defeated opponents with clean records, with 7 of these
winners securing over 30% margin of victory.
Performance of women winners:
● Out of 542 winners, 74 were women.
● None of the women winners had a vote share below 30%.
● Kriti Devi Debbarman (BJP) from Tripura East had the highest vote share among women at
68.54%.
Re-elected winners:
● 214 winners were re-elected, with 101 securing more than 50% of the vote share.
● 92 re-elected winners won with a margin of less than 10%, indicating many incumbents faced
stiff competition.
NOTA Votes:
● The NOTA option, allowing voters to reject all candidates, accounted for 0.99% of the total votes
in 2024, a slight decrease from 1.06% in 2019.
● The highest NOTA vote share was in Indore, Madhya Pradesh, where 14% of the votes were for
NOTA.
Party Representation:
● There was a 12% increase in the number of political parties participating in the 2024 elections
compared to 2019.
● The BJP won the highest number of seats but saw a decline in its vote share from 31.38% in 2019
to 24.33% in 2024.
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 Magna Carta Foundation (Prelims & Mains) 2024/2025: Notes by Atish Mathur

● The Indian National Congress (INC) increased its representation from 52 to 99 seats, with a
corresponding increase in vote share from 4.28% to 8.40%.
State- wise and Constituency specific Analysis:
● Detailed analyses of individual states and constituencies show varied voter behaviour, with
significant differences in voter turnout, vote share, and margin of victory across regions.
● Some constituencies displayed significantly high voter turnout and vote share percentages,
reflecting strong regional political dynamics.

***

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