Union Legislature -

Parliament : Rajya
Sabha and Lok
Sabha
Presented by Vedika Kohli
 CONTENTS

Rajya Sabha and Lok

01 Sabha
• Composition
• Elections of the Conduct of Business
Members 02
• Powers and Functions
• Position

03 Parliamentary
Committees Effectiveness of the
04 Parliament
01 Introduction
 Introduction
The Parliament is the legislative organ of the Union government. It
occupies a pre-eminent and central position in the Indian democratic
political system due to adoption of the parliamentary form of
government, also known as 'Westminster' model of government.

Articles 79 to 122 in Part V of the Constitution

deal with the organisation, composition, duration,
officers, procedures, privileges, powers and so on of the Parliament.
 ORGANIZATION OF
02
PARLIAMENT
Under the Constitution, the Parliament of India consists of three
parts viz, the President, the Council of States and the House of the
People.
In 1954, the Hindi names 'Rajya Sabha' and 'Lok Sabha' were
adopted by the Council of States and the House of People
respectively.
The Rajya Sabha is the Upper House (Second Chamber or House of
Elders) and the Lok Sabha is the Lower House (First
Chamber or Popular House). The former represents the states and
union territories of the Indian Union, while the latter represents the
people of India as a whole.
Though the President of India is not a member of either House of Parliament and does not sit in the
Parliament to attend its meetings, he/ she is an integral part of the Parliament. A bill passed by both the
Houses of Parliament cannot become law without the President's assent. He/ she also performs certain
functions relating to the proceedings of the Parliament, for example, he/ she summons and pro-rogues both
the Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when they are not in
session, and so on.

In this respect, the framers of the Indian Constitution relied on the British pattern rather than the American
pattern. In Britain, the Parliament consists of the Crown (King or Queen), the House of Lords (Upper House)
and the House of Commons (Lower House).

By contrast, the American President is not an integral part of the legislature. In USA,
the legislature, which is known as Congress, consists of the Senate (Upper House) and the
House of Representatives (Lower House).

The parliamentary form of government emphasises on the interdependence between

the legislative and executive organs. Hence, we have the 'President-in-Parliament' like
the 'Crown-in-Parliament' in Britain.
03 RAJYA SABHA
 RAJYA SABHA / COUNCIL OF STATES / UPPER
HOUSE OF THE PARLIAMENT

Rajya Sabha is the upper house of the Parliament

of India. It is also called the Council of the States
and
has indirectly elected members and nominated
members. It is a permanent house of the
Parliament, unlike the Lok Sabha which has a
term of 5 years.
Composition of the
Rajya Sabha
Aspect Rajya Sabha

Maximum 250 Members

Strength

Current Strength 245 members (229 from states, 4 from

UTs, 12 nominated by President)

Representation of 238 members indirectly elected by state

States legislative assemblies via proportional
representation

Representation of 4 members (from 3 UTs: Delhi,

UTs Puducherry, and Jammu & Kashmir)
indirectly elected by electoral college

Nominated 12 members nominated by the President

Members for their expertise in arts, literature,
science, and social service
Election System Proportional representation by means of
the single transferable vote

Allocation of Based on the population of the states and

Seats UTs as per the Fourth Schedule

Special Provisions None

Constitutional Fourth Schedule deals with the allocation

Reference of seats
 Nomination / Election of Rajya Sabha Members

The Fourth Schedule of the Constitution deals with the allocation of seats
in the Rajya Sabha to the states and union territories.

1. Representation of States :

The representatives of states in the Rajya Sabha are elected by the elected members of
state legislative assemblies. The election is held in accordance with the system of
proportional representation by means of the single transferable vote.

The seats are allotted to the states in the Rajya Sabha on the basis of population. Hence,
the number of representatives varies from state to state. For example, Uttar Pradesh has
31 members while Tripura has 1 member only.
2. Representation of Union Territories :

The representatives of each union territory in the Rajya Sabha are indirectly
elected by members of an electoral college specially consti-
tuted for the purpose. This election is also held in accordance with the system of
proportional representation by means of the single transferable vote. Out of the
eight union territories, only three (Delhi, Puducherry and
Jammu & Kashmir) have representation in Rajya Sabha. The populations of other
five union territories are too small to have any representative in the Rajya
Sabha.
3. Nominated Members :

The President nominates 12 members to the Rajya Sabha from people who
have special knowledge or practical experience in art, literature, science and
social service. The rationale behind this principle of nomination is to provide
eminent persons a place in the Rajya Sabha
without going through the process of election.
Term / Duration of
Rajya Sabha
Aspect Rajya Sabha

Nature of Chamber Permanent, never dissolved

Term of Members 6 years, with one-third retiring

every two years

Rotation of One-third of members retire

Members every second year

Election/Re-election Members can be re-elected or

renominated multiple times
Initial Term President had authority to
Adjustment adjust initial terms

Dissolution Not subject to dissolution

Authority

Extension During Not extendable

Emergency
 MEMBERSHIP OF PARLIAMENT

Qualifications

According to Article 84 of the Constitution of India, the qualifications required,

for being a member of the Rajya Sabha are as follows:

1. He/she should be a citizen of India;

2. He/she should not be less than thirty years of age;

3. He/she should possess such other qualifications as prescribed by or under

any law made by Parliament.
Disqualifications

According to Article 102 of the Constitution of India, a person shall be disqualified for being
chosen as, and for being, a member of the Rajya Sabha if:

1. He/she holds any office of profit under the Government of India or the Government of any
State, other than an office declared by Parliament by law not to disqualify its holder;

2. He/she is of unsound mind and stands as declared by a competent court;

3. He/she is an undischarged insolvent;

4. He/she is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or
is under any acknowledgement of allegiance or adherence to a foreign State;

5. He/she is so disqualified by or under any law made by Parliament.

Presiding Officer -
Rajya Sabha
Aspect Chairman of Rajya Sabha Deputy Chairman of Rajya
Sabha

Position The Vice-President of India Elected by Rajya Sabha

serves as the ex-officio members from among
Chairman. themselves.

Membership Not a member of the Rajya Must be a member of the Rajya

Sabha. Sabha.

Voting Cannot vote initially but can Similar to the Chairman,

cast a deciding vote in case of a cannot vote initially but has a
tie. casting vote in case of a tie.
Special Powers Lacks the powers to decide on Acts with all the powers of the
money bills and preside over Chairman when the latter is
joint parliamentary sessions, absent or when the Vice-
which are reserved for the Lok President is acting as
Sabha Speaker. President.

Removal Can only be removed if he is Can be removed by a majority

removed from the office of the of all the then Rajya Sabha
Vice-President. members, with 14 days’
advance notice required for
the motion

Duties in Absence - Performs the duties of the

Chairman when the office is
vacant or when the Chairman
is absent from the sitting of the
House.
During Removal Cannot preside over the Rajya Cannot preside over a sitting of
Consideration Sabha; can be present and the Rajya Sabha during
speak without voting. consideration of their removal,
but can be present.

Salary and Fixed by Parliament and Fixed by Parliament and

Allowances charged on the Consolidated charged on the
Fund of India. Not entitled to Consolidated Fund of India
salary as Chairman when
acting as President.

Responsibility Directly to the House, not Directly responsible to the

subordinate to anyone. Rajya Sabha, not
subordinate to the Chairman.
 Salary and other Entitlements
As per the Salary, Allowances and Pension of Members of the Parliament (Amendment) Act, 2018 a
member of the Rajya Sabha gets:

• A salary of Rs. 1,00,000 per month during the whole term of office as member Rajya Sabha;

• Daily Allowance `Rs. 2,000 per day for attending the Session and sitting of a Committee;

• Constituency Allowance 70,000 per month payable during the whole term of office;

• Office Expense Allowance 60,000/- per month; and

• Travelling Allowance, Rail Travel Facilities and other perks

Due to COVID-19 pandemic, the Government of India promulgated an ordinance – The Salaries and
Allowances (Amendment) Ordinance, 2020 and reduced the salaries and allowances of the Members of the
Parliament by 30% for a period of one year.
Powers and Functions of the Rajya
Sabha
I Executive Powers: The Members of the Council of States/Rajya Sabha ask questions from the ministers,
discuss government policies, participate in debates, discussions, adjournment motions, and bring resolutions
and scrutinise the functioning of the government. The members can influence the government's decisions
though they do not have the power to vote out the government through a no-confidence vote.

II Legislative Powers: The Union government has powers to legislate on Items in the Union List, Concurrent List
and Residuary subjects. An ordinary law-making bill can be introduced in the Rajya Sabha and then sent to the
Lok Sabha. Both the houses of the Parliament have to pass the bill with the requisite majority. If one house
passes a bill and the other house proposes an amendment, or even rejects the bill; then the bill is referred to
the joint session of the two Houses of the Parliament wherein a simple majority is required to pass the bill.

III Financial Powers: A money bill cannot be introduced in the Rajya Sabha; it can only be introduced in the Lok
Sabha. A money bill passed by the Lok Sabha is transmitted to the Rajya Sabha for its approval. The Rajya Sabha
may pass it or recommend some changes, but it cannot reject a money bill. The Lok Sabha may accept or reject
the changes. The Rajya Sabha can only hold it for a period of 14 days, at the end of 14 days the money bill is
deemed to have been passed by both the Houses, even if the Rajya Sabha takes no action. Thus the Rajya
Sabha has negligible financial powers.
IV Judicial Powers: The Judicial powers of the Rajya Sabha include:
a. Impeaching the President of India along with the Lok Sabha on charges violation of the
Constitution of India;
b. Impeaching the Judges of the Supreme Court and High Courts along with the Lok Sabha;
c. Removing higher functionaries like the Comptroller and Auditor General of India, Election
Commissioner etc. along with the Lok Sabha; and
d. Removing the Vice-president of India by passing a resolution to that effect.

V Amendment Powers: The Constitution of India can only be amended by bringing a Constitutional
Amendment Bill which can be introduced in either the Rajya Sabha or the Lok Sabha. This bill has to
be passed by the requisite majority of both the Houses of the Parliament.

VI Electoral Powers: The elected Members of the Rajya Sabha elect:

a. The President of India along with the elected members of the Lok Sabha and Members of the
State Legislative Assemblies;
b. The Vice-President of India along with the members of the Lok Sabha; and
c. The Deputy Chairman of the Rajya Sabha itself.

VII Emergency Powers: Emergency under Article 352, 356 and 360 can be declared only if the
proclamation to that effect is brought before either house of the Parliament, i.e. Rajya Sabha or the
Lok Sabha is passed by both the Houses of the Parliament by 2/3 majority. Both the Houses of the
Parliament have co-equal powers in this regard.
VIII Miscellaneous Powers: Following are the miscellaneous powers of the Rajya Sabha which it
exercises along with the Lok sabha:
a. Approval of Ordinances brought by the government when the Parliament is not in session;
b. Changing the jurisdiction of the Supreme Court and the High Courts;
c. Establishing new states or changing the boundaries of the states or changing the name of the
states;
d. Establishing a Joint High Court or setting up a Joint Public Service Commission in two or
more states;
e. Making changes in the qualifications of the members of the Parliament or State Legislatures;
and
f. Discussing the reports of the Finance Commission, Comptroller and Auditor General of
India and other such offices.

IX Special Powers: Special powers of the Rajya Sabha are:

a. Power to declare a subject of state list as a subject of National Importance and give the
Union Parliament power to make a law on that subject. This power is for a period of one
year and can be extended after one year by passing a resolution to that effect by 2/3 of the
majority of the House; and
b. Power to create or abolish an All India Service by passing a resolution to that effect by 2/3
of the majority of that House.
 Position of Rajya Sabha
Rajya Sabha, the Council of States, also known as the Upper House of the
Parliament, is composed of the indirectly elected representatives – elected by
the State Legislative Assemblies' through proportional representation. Though
most of the powers of the Rajya Sabha and the Lok Sabha are co-equal but due
to its negligible financial powers the Lok Sabha is more powerful, as the money
bill can only be introduced in the Lok Sabha and even if the Rajya Sabha does
not pass the money bill it is deemed to have been passed by both the Houses
of the Parliament at the end of 14 days. Rajya Sabha has special powers
concerning the states.
04 Lok Sabha
Lok Sabha/House of the People/Lower House
of the Parliament

Lok Sabha is the lower house of the

Parliament. It is also called the House of the
People and is composed of directly elected
members and nominated members. Its term is
5 years and can be dissolved before the expiry
of this term.
Composition of the
Lok Sabha
Aspect Lok Sabha

Maximum 552 members

Strength

Current Strength 545 members (530 from states, 13 from

UTs, 2 nominated by President)

Representation of 530 members directly elected by the

States people from territorial constituencies in
states

Representation of 20 members chosen by direct election (as

UTs per Union Territories Act, 1965)

Nominated 2 members nominated by the President

Members from the Anglo-Indian community if not
adequately represented
 Universal adult franchise (direct election)
Election System

Allocation of Based on the territorial constituencies in

Seats states and UTs

Special Provisions Voting age reduced from 21 to 18 years by

the 61st Constitutional Amendment Act,
1988

Constitutional The manner of choosing representatives

Reference from UTs prescribed by Parliament
 Nomination / Election of Rajya Sabha Members
I. Representation of States : The representatives of states in the Lok Sabha are directly elected by the people
from the territorial constituencies in the states. The election is based on the principle of universal adult franchise.
Every Indian citizen who is above 18 years of age and who is n ot disqualified under the provisions of the
Constitution or any law is eligible to vote at such election. The voting age was reduced from 21 to 18 years by the
61stConstitutional Amendment Act, 1988.

2. Representation of Union Territories : The Constitution has empowered the Parliament to prescribe the
manner of choosing the representatives of the union territories in the Lok Sabha. Accordingly, the Parliament has
enacted the Union Thrritories (Direct Election to the House ofthe People) Act, 1965, by which the members of
Lok Sabha from the union territories are also chosen by direct election.

3. Nominated Members : Before 2020, the President nominated two members from the Anglo -Indian
community to the Lok Sabha, if the community was not adequately represented. Originally, this provision was to
operate for ten years (Le., upto 1960) only. Later, this duration has been extended continuously since then by ten
years each time.
Term / Duration of
Lok Sabha
Aspect Lok Sabha

Nature of Chamber Temporal, subject to dissolution

Term of Members 5 years, unless dissolved earlier

Rotation of Entire house dissolves

Members

Election/Re-election Members must be re-elected after each

dissolution
Initial Term Not applicable
Adjustment

Dissolution President can dissolve before term

Authority completion

Extension During Can be extended yearly during national

Emergency emergency, not beyond six months after
the emergency end
 MEMBERSHIP OF PARLIAMENT
Qualifications

According to Article 84 of the Constitution of India, the qualifications required, for

being a member of
the Lok Sabha are as follows:

1. He/she should be a citizen of India;

2. He/she should not be less than twenty-five years of age;

3. He/she should possess such other qualifications as prescribed by or under any

law made by Parliament.
Disqualifications for membership

According to Article 102 of the Constitution of India, a person shall be disqualified for being
chosen as, and for being, a member of the Lok Sabha if:

1. He/she holds any office of profit under the Government of India or the Government of any
State,other than an office declared by Parliament by law not to disqualify its holder;

2. He/she is of unsound mind and stands as declared by a competent court;

3. He/she is an undischarged insolvent;

4. He/she is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State,
or is under any acknowledgement of allegiance or adherence to a foreign State;

5. He/she is so disqualified by or under any law made by Parliament

 Session

The President of India has the power to summon the sessions of the Rajya Sabha and Lok Sabha at
least twice in a year. There should not be a gap of more than 6 months between the two sessions.
There are normally three sessions of the Rajya Sabha and Lok Sabhaevery year.

Budget Session
January / February
to May

Monsoon Session Winter Session

July to August / November to
September December
 Quorum in Parliament
• Definition: The minimum number of members required to be present
for the House to transact business.

• Requirement: One-tenth of the total members, including the presiding

officer.

• Lok Sabha: At least 55 members.

• Rajya Sabha: At least 25 members.

• Presiding Officer's Duty: To adjourn the House or suspend the meeting

until a quorum is present if there's no quorum.
Presiding Officer -
Lok Sabha
Aspect Speaker Deputy Speaker

Election Elected from Lok Sabha Elected from Lok Sabha

members after the first sitting, members after the Speaker's
date set by the President. election, date set by the
Speaker.
Tenure Serves for the Lok Sabha's Serves for the Lok Sabha's
term, vacates if ceases to be a term, vacates under similar
member, resigns, or is conditions as the Speaker.
removed by a majority
resolution.

Role and Powers Acts as head and spokesperson Assumes Speaker’s duties
maintains order, interprets when necessary, has casting
rules, decides on money bills, vote, acts as chairman of
rules on disqualifications. committees, not subordinate
to Speaker.
Voting Does not vote initially but has Similar to the Speaker, does
a casting vote in ties. not vote initially but has a
casting vote in ties.

Removal Cannot preside but can Similar to the Speaker, cannot

participate and vote during preside during their own
removal consideration, except removal consideration
in a tie but can participate.

Post-Dissolution Remains in office until the new Not explicitly stated, but
Role Lok Sabha convenes. implied similarity in continuity
until new election.
Salary and Fixed by Parliament, charged Similarly fixed and charged on
Allowances on the the Consolidated Fund of India.
Consolidated Fund of India.

Panel of Nominates a panel of up to ten — (The Deputy Speaker may

Chairpersons members to preside in preside over the House in the
absence. Speaker's absence, but
this aspect is about the panel
nominated
by the Speaker.)

Independence Security of tenure, financial Direct responsibility to the

independence, procedural House, independence in
autonomy. chairing committees.
 Salary and other Entitlements
As per the Salary, Allowances and Pension of Members of the Parliament (Amendment) Act, 2018 a
member of the Lok Sabha gets:

• A salary of Rs. 1,00,000 per month during the whole term of office as a member;

• Daily Allowance Rs. 2,000 per day for attending the Session and sitting of a Committee;

• Constituency Allowance 70,000 per month payable during the whole term of office;

• Office Expense Allowance 60,000/- per month; and

• Travelling Allowance, Rail Travel Facilities and other perks

Due to COVID-19 pandemic, the Government of India promulgated an ordinance – The Salaries and
Allowances (Amendment) Ordinance, 2020 and reduced the salaries and allowances of the Members of
the Parliament by 30% for a period of one year.
Powers and Functions of
Lok Sabha
I Executive Powers: As per Article 75 (3) of the Constitution of India, the Council of Ministers is collectively
responsible to the House of People, i.e. the Lok Sabha. The Members of the Lok Sabha ask questions from the
ministers during the ‘Question Hour’, discuss government policies during legislations, participate in debates,
discussions, calling attention motion, adjournment motions, and bring resolutions and scrutinise the
functioning of the government. They also have the power to vote out the government through the vote of
no-confidence.

II Legislative Powers: The Union government has powers to legislate on Items in the Union List, Concurrent
List and Residuary subjects. An ordinary law-making bill can be introduced in the Lok Sabha and then sent to
the Rajya Sabha. Both the houses of the Parliament have to pass the bill with the requisite majority. If one
house passes a bill and the other house proposes an amendment or even rejects the bill, then the bill is
referred to the joint session of the Rajya Sabha, and Lok Sabha wherein the bill is passed by a simple
majority.

III Financial Powers: A money bill can only be introduced in the Lok Sabha; it cannot only be introduced in
the Rajya Sabha. A money bill passed by the Lok Sabha is transmitted to the Rajya Sabha for its approval. The
Rajya Sabha may pass it or recommend some changes, but it cannot reject amoney bill. The Lok Sabha may
accept or reject the changes. The Rajya Sabha can only hold it for a period of 14 days, at the end of 14 days
the money bill is deemed to have been passed even if the Rajya Sabha takes no action. Thus the Lok Sabha
has all the powers concerning financial matters.
IV Judicial Powers: The Judicial powers of the Lok Sabha include:
a. Impeaching the President of India along with the Rajya Sabha on charges violation of the
Constitution of India;
b. Impeaching the Judges of the Supreme Court and High Courts along with the Rajya Sabha;
c. Removing higher functionaries like the Comptroller and Auditor General of India, Election
Commissioner etc. along with the Rajya Sabha; and
d. Agreeing to a resolution passed by the Rajya Sabha for removing the Vice-president of
India.

V Amendment Powers: The Constitution of India can only be amended by bringing a Constitutional
Amendment Bill which can be introduced in either the Lok Sabha or the Rajya Sabha. This bill has to
be passed by the requisite majority of both the Houses of the Parliament.

VI Electoral Powers: The elected Members of the Rajya Sabha elect:

a. The President of India along with the elected members of the Lok Sabha and Members of the
State Legislative Assemblies;
b. The Vice-President of India along with the members of the Lok Sabha; and
c. The Speaker and the Deputy Speaker of the Lok Sabha itself.
VII Emergency Powers: Emergency under Article 352, 356 and 360 can be declared only if the
proclamation to that effect is brought before either house of the Parliament, i.e. Lok Sabha or the
Rajya Sabha, is passed by both the Houses of the Parliament by 2/3 majority. Both the Houses of the
Parliament have co-equal powers in this regard. If the Lok Sabha is dissolved, then the proclamation
of Emergency is placed before the Rajya Sabha within 30 days, and if passed by the Rajya Sabha, it
remains in force of not then it is revoked. The proclamation is placed before the Lok Sabha within 30
days of its reconstitution.

VIII Miscellaneous Powers: Following are the miscellaneous powers of the Lok Sabha which it exercises
along with the Rajya Sabha:
a. Approval of Ordinances brought by the government when the Parliament is not in session;
b. Changing the jurisdiction of the Supreme Court and the High Courts;
c. Establishing new states or changing the boundaries of the states or changing the name of the
states;
d. Establishing a Joint High Court or setting up a Joint Public Service Commission in two or
more states;
e. Making changes in the qualifications of the members of the Parliament or State Legislatures;
and
f. Discussing the reports of the Finance Commission, Comptroller and Auditor General of India
and other such offices.
 Position of the Lok Sabha

Lok Sabha, the House of People, also known as the Lower House of the
Parliament, is composed of the directly elected representatives of the people.
The Council of Ministers is collectively responsible to the Lok Sabha and stays in
power till it enjoys its confidence. Though most of the powers of the Lok Sabha
and the Rajya Sabha are co-equal but due to financial powers, the Lok Sabha is
more powerful as the money bill can only be introduced in the Lok Sabha, and
even if the Rajya Sabha does not pass the money bill, it is deemed to have been
passed by both the Houses of the Parliament at the end of 14 days.
05 Conduct Of Business
 Question Hour
• Timing: The first hour of each parliamentary sitting.

• Purpose: Members ask questions, and ministers (or private members related to specific
business) provide answers.

• Types of Questions:

o Starred: This question requires an oral answer. The question has to be submitted 15 days in
advance.

o Unstarred: This question requires a written answer and needs to be submitted 15 days in
advance.

o Short Notice: This question can be asked on urgent public importance matters and can be
asked with less than 10 days notice.
 Zero Hour
• Definition: An informal period following the Question Hour, not defined in the Rules of
Procedure.

• Function: Allows members to raise matters without prior notice.

• Origin: An Indian parliamentary innovation since 1962, filling the gap between Question Hour
and the day's scheduled agenda.

Debates and Discussions

After the Zero Hour, members of the Parliament participate in the scheduled business,
including debates and discussions. The functioning of the government is scrutinised during
these debates and discussions.
 Calling Attention Motion

Members of the Parliament may call a minister's attention to any matter of urgent public importance under Rule
197. The minister is required to give a statement on the issue. Notice to call a minister's attention must be given
by 10:00 am on the day of the sitting.

Half an Hour Discussion

If an answer to a starred or un-starred question requires more elucidation, then an MP can give the notice to
raise 'Half-an-Hour' discussion. A three-day notice is required to raise such a discussion and have a maximum of
four other questions related to the topic.

Short-Duration Discussion

Through Short-Duration Discussions under Rule 193, the MPs can discuss a matter of urgent public
importance. The MP needs to give a notice, including the reasons, to the Speaker to raise such a
discussion. Other MPs can also participate in such a discussion, and the minister gives a reply at the end of the
discussion.
 Adjournment Motion
• Purpose: To address urgent matters of public importance.
• Admission: Requires support from 50 members.
• Restrictions:
o Must be definite, factual, urgent, and significant.
o Limited to one specific recent occurrence.
o Cannot revisit topics discussed in the same session or under court adjudication.
o Excludes questions of privilege or those suitable for distinct motions.
• Duration: Discussion lasts a minimum of 2.5 hours.
• Usage: Not allowed in the Rajya Sabha due to its censuring element against the government.

No-Confidence Motion
• Constitutional Basis: Article 75—mandates the council of ministers' collective responsibility to the Lok Sabha.
• Implication: A successful motion leads to the ministry's resignation.
• Requirement: Support from 50 members to proceed.
 President’s Address and Motion of Thanks
The President of India addresses both the Houses of the Parliament together after each General Election and in
the first session of the Parliament every year. After the Presidential address, there is a discussion and Motion of
Thanks by the MPs.

Discussion during Passing of Bills

Discussions take place during the passing of bills inside the Parliament. The bill is then voted along with
amendments proposed by the government. Following types of bills are introduced and passed by the
parliament:
i. Ordinary Bills – Ordinary Bills can be introduced in either house of the Parliament and is
passed by both the Houses of the Parliament after due discussions and required amendments;
ii. Money Bills – Money Bills can only be introduced in Lok Sabha and not in the Rajya Sabha
though they are transmitted to the Rajya Sabha after they are passed in the Lok Sabha after due
discussions. The Rajya Sabha may pass or suggest some amendments which may or may not
be accepted by the Lok Sabha. Even if the Rajya Sabha does not pass the bill it is deemed to
have been passed by both the Houses of the Parliament at the end of 14 days; and
iii. Constitutional Amendment Bills – Constitutional Amendment Bills can be introduced in both
the Rajya Sabha and Lok Sabha. They are passed by both the Houses of the Parliament after
discussions and amendments
 Parliamentary
06
Committees
Parliament is not a specialised body and hence cannot deal with all the matters in detail. So there is a system
wherein the Parliamentary Committees scrutinise the functioning of the government gives an annual report.
Following are different types of Committees:

i. Standing and Ad hoc Committees:

● Standing Committees are generally formed for a period of one year. They include
Committee on Petitions, the Committee of Privileges and the Rules Committee,
etc.
● Ad hoc Committees, appointed for a specific purpose cease to exist as soon as the
given task is completed. Example - Select and Joint Committees on Bills

ii. Departmentally Related Standing Committees – There are 24 departmentally related

standing committees.

iii.Financial Committees: Committee of Public Accounts, Committee on Public

Undertakings and Estimates Committee and the Departmentally Related Standing
Committees (DRSCs). These committees have an important role in exercising a check
over governmental expenditure and Policy formulation.
 Standing Committees
1. Committee on Subordinate Legislation comprises 15 members belonging to the House and has a term of 1 year. It scrutinises
the delegated power of the executive to make regulations, rules, sub-rules, bye-laws etc. and determines if the executive
properly exercises it within the scope of such delegation or not. It submits its report to the Speaker of the Lok Sabha.
2. Committee of Privileges having 15 members nominated by the Speaker of Lok Sabha examines complaints involving breach
of privilege of the House/Members of the House/Committee referred to it. It gives its recommendation in a report to the
Speaker of the Lok Sabha.
3. Committee on Petitions having 15 members of the House. It considers the petitions given to the House by individuals,
associations, and gives directions for their disposal. It also submits its report to the Speaker of the Lok Sabha.
4. Committee on Private Members' Bills and Resolutions having 15 members nominated by the Speaker of the Lok Sabha,
allots time to Private Members' Bills and Resolutions, examine Private Members' Bills seeking amendment of the Constitution
before being introduced in the Lok Sabha. It also examines Private Members' Bills in which the legislative competence of the
House is challenged.
5. Committee on Government Assurances having a term of 1 year has 15 members nominated by the Lok Sabha Speaker. It
scrutinises the assurances, promises, and undertakings given by ministers from time to time. It submits its report on the extent
to which the assurances have been implemented and the time taken to implement such assurances.
6. Business Advisory Committee has 15 members nominated by the Speaker of the Lok Sabha. It
recommends time allocation for conducting the business of the House. The Committee can also
give suggestions on time allocation for particular subjects.
 Ad Hoc Committees

1. Committee on MP Local Area Development Scheme having a term of 1 year has 24

members. The Committee periodically monitors and reviews the performance and problems in
implementing the MPLADS Scheme of the Lok Sabha and looks into the complaints of members
regarding the Scheme besides performing other work assigned to it.

2. Select Committee on a Bill has 23 members of the House and looks into a legislative bill
referred to it. It is disbanded as soon as the work deputed to it is complete.
 Departmentally Related Standing Committees
24 Departmentally Related Standing Committees cover the Ministries/ Departments of the
Government of India. There are 31 members in each of these Committees - 21 from Lok Sabha
and 10 from Rajya Sabha, who are nominated by the Speaker and the Chairman of Rajya Sabha,
respectively. The term of Office of these Committees does not exceed one year. Functions of
these committees include:

a Consideration of Demands for Grants;

b Examination of bills referred by the Chairman of Rajya Sabha or Speaker of the Lok Sabha;

c Consideration of the Annual Reports of the ministries.

 Financial Committees
1. Public Accounts Committee has a term of 1 year and comprises 22 members – 15 from Lok
Sabha and 7 from the Rajya Sabha – elected by members of the Lok Sabha and Rajya Sabha
respectively. It examines the statement of accounts of the Government of India and the reports of
the Comptroller and Auditor General of India to ascertain that the Government of India spent the
funds on items for which they were appropriated.
2. Estimates Committee having a term of 1 year is composed of 30 members elected from the Lok
Sabha. It gives suggestions:
a. On the economies, improvements in organisation, efficiency or administrative reform that may be effected to
improve the efficiency of administration;
b. Alternate policies to bring economy and efficiency in administration; and
c. Suggest a method of presenting estimates in the Parliament.
3. Committee on Public Undertakings having a term of 1 year has 22 members – 15 from the
Lok Sabha and 7 from the Rajya Sabha elected by the Lok Sabha and Rajya Sabha members,
respectively. The Committee examines the reports and accounts of Public Undertakings
specified in the Fourth Schedule of the Rules of Procedure and Conduct of Business in Lok
Sabha by examining the reports of the Comptroller and Auditor General of India. It looks into
the autonomy and efficiency of the Public Undertakings and exercises such other functions.
07 Effectiveness of the
Parliament
Effectiveness of the Parliament depends upon the following:

1. Majority of the Ruling Party: If the ruling party has a comfortable majority in the Lok Sabha and
the Rajya Sabha, then the proceedings of the Parliament can be conducted smoothly. In case the
ruling party does not have a majority of its own, it has to depend on the opposition parties to get
the bills passed. If the opposition parties are mature enough, they can effectively steer the country
towards development along with the ruling party. In case they create hurdles in the functioning of
the Parliament, then much Parliamentary time is wasted in endless differences, and the functioning
is not smooth.

2. Quality of Members: If the members of the political parties are good orators and are aware of the
issues at hand and can read the nation's pulse, then the level of debates and discussion are high. If
not, the debates and discussions are nothing but arguments without much meaning and relevance.

3. Presence during Sessions: If the Prime Minister and his ministers are present during the sessions
of the Parliament and take a keen part during the question hour as well as during debates and
discussions then the effectiveness of the Parliament increases. In contrast, if the Prime Minister
and members of his Council of Ministers are not very much involved in the functioning of the
Parliament, then the effectiveness of the Parliament is reduced.

4. Training Sessions for First-Time Members: The first-time members of the Parliament need to be
trained in Parliament etiquette and the functioning of the Parliament to make it more effective.
5. Parliamentary Committees: Control through Parliamentary Committees has turned out to be
routine and based on political ideologies, thereby defeating the purpose for which these were set
up.

6. The criminalisation of Politics: There is a nexus between the criminals and the politicians that
leads to the Parliament becoming less effective. Elected members of major political parties have
criminal cases against them. As per the Association of Democratic Reforms, 43% of MPs in the
2019 Lok Sabha have criminal cases against them.

7. Weak Opposition: For a Parliamentary democracy to function effectively, there is a requirement of

having a strong and mature opposition. In the present Lok Sabha (17th Lok Sabha) the ruling party
has an enormous majority, and the opposition is weak and fragmented.
 Bibliography

https://www.india.gov.in/my-government/indian-parliament/rajya-sabha

https://sansad.in/rs

https://www.india.gov.in/my-government/indian-parliament/lok-sabha

https://sansad.in/ls

www.pinterest.com
Indian Administration
By Dr. Vibha Sharma

B.L. Fadia, Indian Administration

Vidya Bhushan, Indian Administration