Thangai VS Annan
Dear Indian Civil Services Aspirants,
This Article on the Parliamentary Procedures of India will be of immense use for your preparation to the Civil Services Exams and subsequent personality test. Best wishes for your success. Go ahead:
Parliamentary procedure, often used interchangeably with “parliamentary law,” is more correctly defined as parliamentary law in combination with the rules of order that a given assembly or organization has adopted.
Parliamentary law is:
1. rules of the game of democracy.
2. rules that govern procedures by which civil and criminal laws are made and adopted.
3. rules and customs that govern deliberative and decision-making assemblies and organizations.
Principles
Parliamentary law is based upon
1. the will of the majority;
2. the right of the minority to be heard;
3. protection of the rights of absentees;
4. courtesy and justice for all; and
5. consideration of one subject at a time.
Rules of Procedure and Conduct of Business in the Rajya Sabha contain various procedural devices to enable members to raise matters of public importance on the floor of the House. By conventions and practices some other devices have also developed without having any specific sanction of the rule book.
According to the Constitution of India, the union legislative body is called the Parliament. Also called as Sansad in Hindi, the Parliament includes the President and the two Houses – the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). This kind of system, with two Houses, is called a bicameral legislature.
Rajya Sabha:
The Upper House of Parliament is the Rajya Sabha (Council of States). It has a maximum of 250 members, out of which 12 members are nominated by the President for their expertise in specific fields of art, literature, science, and social services. The remaining 238 members are elected by the States and Union Territories.
Every member serves for a term of six years. At the end of two years, one third of its members retire. The Rajya Sabha is a permanent body and unlike the Lok Sabha, it cannot be dissolved at any time. Both Houses have equal legislative powers. But in the area of finance the Lok Sabha is given overriding powers. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. A Deputy Chairman is however elected from among its members, who take care of the day-to-day working of the House.
Lok Sabha:
The Lok Sabha (House of the People) is the Lower House of the Parliament. The members are directly elected by the people of the country. Eligible candidates are all citizens who have attained 18 years of age and are otherwise not disqualified to vote under the law. The maximum strength of the Lok Sabha can be 552 members. While up to 530 members can represent territorial constituencies in the states, up to 20 members would represent the Union Territories, and two members would be appointed by the President to represent the Anglo-Indian community if there is inadequate representation of the community. The minimum age for qualification as a member of the Lok Sabha is 25 years. Each Lok Sabha is formed for a period of five years, at the end of which the House is dissolved. The House can be dissolved before the completion of the term or it can be extended by a Proclamation of Emergency. The period of extension cannot exceed one year at a time. A Speaker and a Deputy Speaker, elected by the members of the Lok Sabha, conduct day-to-day business. The Deputy Speaker presides during the absence of the Speaker.
Government of India
The formal, constitutional head of Republic of India is the President. Once the Lok Sabha elections are over, the President invites the leader of the party or parties with the majority of votes in the Lok Sabha, to form the Government. The President appoints the leader of the majority party as the Prime Minister and on the advice of the Prime Minister appoints other ministers. The ministers can be chosen from both Houses of Parliament.
The political power is vested with the Prime Minister and his team of ministers. The Council of Ministers constitutes the Government of India and the government is headed by the Prime Minister. The Council of Ministers, headed by the Prime Minister, is responsible for the governance of the country and is collectively responsible to the Lok Sabha. If the Lok Sabha passes a motion of no-confidence against the Council of Ministers, they are under constitutional obligation to resign. As the leader of the majority, the Prime Minister is also the Leader of the House. He has to perform certain parliamentary functions like proposing dates of calling the House in session to the Speaker and drawing up programme of the official business.
The leader of the largest party in opposition in each House is designated as the Leader of the Opposition.
Functions of Parliament
Where India is concerned, the members of the Parliament also belong to the Council of Ministers. There is an overlap of the legislative and executive functions for several members. For those members who are part of the Council of Ministers, there is an additional responsibility of the executive as compared to those who are not in the Council of Ministers.
The broad functions of Parliament can be described as follows:
1. Legislative: To pass laws
2. Supervisory: To ensure that the executive (i.e. government) performs its duties satisfactorily.
3. Representative: To represent the views and aspirations of the voters in Parliament.
4. “Power of the Purse”: To approve and oversee the revenues and expenditures proposed by the government
President’s role
The President is directly elected by an electoral college that includes elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States. The President performs certain constitutional functions:
1. He summons the two Houses of Parliament to meet from time to time.
2. He has the power to discontinue a session in the two Houses and dissolve the Lok Sabha.
3. The President has to agree to sign a Bill before it can become a law.
4. If the Houses are not in session, the President can enact or promulgate Ordinances having the same validity as a law passed in Parliament.
5. The President has the power to appoint Speaker of the Lok Sabha and the Chairman of Rajya Sabha on an interim basis.
6. The President has the right to address either or both Houses of Parliament.
7. The President has the power to call both Houses for a joint sitting in case a dispute arises over passing a Bill. In the joint sitting, the matter is decided by majority vote.
8. He nominates 12 members of the Rajya Sabha and has the right to nominate two members from the Anglo Indian community to the Lok Sabha if they are under-represented.
9. He invites the leader of the majority party to form the Government after a new Lok Sabha is duly elected.
Special powers of Rajya Sabha
1. Rajya Sabha can declare that it would be in the national interest for the Parliament to make laws on any subject in the State List ; and
2. Rajya Sabha is empowered to make laws creating one or more All India Services, which would be common to the Union and State, if it is deemed to serve the national interest.
3. The services such as the Indian Administrative Service, Indian Police Service, and All-India Judicial Service are part of the All India Services.
Qualifications and disqualifications for being a Member of Parliament
To be qualified to become a Member of Parliament a person must be:
1. a citizen of India;
2. not less than 30 years of age in the case of the Rajya Sabha
3. not less than 25 years in the case of the Lok Sabha; and
4. a voter for any parliamentary constituency in India, (in the case of the Rajya Sabha a candidate must be registered as an elector in the State or Union Territory from where he is to be chosen).
There are, however, certain disqualifications for becoming a member. A person would be ineligible for being a member of either House of Parliament if the person:
1. holds any office of profit under the government other than an office declared by Parliament by law not to disqualify its holder;
2. is of unsound mind;
3. is an un-discharged insolvent;
4. has ceased to be a citizen of India;
5. is so disqualified by any law made by Parliament;
6. is so disqualified on the ground of defection
Besides, certain laws enumerate further disqualifications. Also a person should not have been convicted or punished, among other things,
1. for promoting enmity between different groups or convicted for the offence of bribery
2. for preaching and practising social crimes such as untouchability, dowry, sati,
If he has been punished or convicted because of the above charges, he will be disqualified from being chosen as a member. There are also disqualifications on the ground that the person is convicted for an offence and sentenced to imprisonment; and for a government servant dismissed for corruption or for disloyalty to the State.
Definition of a Bill
The Parliament or the central legislative (or law making) body has as one of its primary functions that of making laws. Any legislative proposal can be brought before the Parliament. The draft of a legislative proposal is known as a Bill. For a Bill, whether it is introduced by the Government or a private member, to become law or Act of Parliament it should receive the approval of the President of India.
Types of the Parliamentary Bills
Broadly, there are two types of Bills:
1. Government Bills: Any Bill initiated by the government is a Government Bill.
2. Private Members’ Bills: If the Bill is sponsored by any private member (a member who is not part of the Council of Ministers is referred to as a private member) in either House of Parliament, it is known as a Private Members’ Bill.
Although most laws are made through Government Bills, the Private Members’ Bill serves the purpose of highlighting any changes needed in the existing law or the need for a particular legislation.
Bills may be further classified on the basis of their content.
1. Ordinary Bills: Any Bill which is not a Constitution Amendment Bill or a Money Bill is classified as an Ordinary Bill.
a. Original Bills (embodying new proposals, ideas or policies),
b. Amending Bills (to modify, amend or revise existing Acts),
c. Consolidating Bills (to consolidate existing law on a particular subject),
d. Expiring Laws (Continuance) Bills (to continue an expiring Act), and
e. Bills to replace Ordinances issued by the President.
2. Money and Financial Bills: Money and Financial Bills are treated separately from these Bills, because of their special features.
3. The Constitution (Amendment) Bills: These refer to Bills that seek to amend the Constitution of India
Drafting of a Parliamentary Bill
The legislative proposal or the Bill should be drafted by the concerned ministry after weighing the various political, administrative, financial, legal and constitutional implications. This is done after consultation of the other ministries or State governments. Advice is also sought from the Ministry of Law, the Attorney General of India, and other interest groups. The Ministry, then, prepares a proposal and examines it thoroughly before submitting it to the Cabinet. Once the Cabinet approves the proposal, it is given the shape of a Bill to be brought before the House.
Passage of an Ordinary Bill in Parliament
A Bill goes through three readings in both Houses before it becomes an Act.
First Reading: During the First Reading, the Bill is introduced by the minister in-charge after the Speaker grants permission to do so. The Bill is then published in the Gazette of India. If the Bill has already been published in the Gazette with the Speaker’s assent, the stage of introducing the Bill in the House can be bypassed.
Second Reading: The Second Reading is the most vital stage for the Bill because it is scrutinized thoroughly during this period. This Reading is divided in two stages.
First Stage in Second Reading:
Initially, only the principles of the Bill are discussed. There is no in-depth discussion about the details of the Bill. The Bill may be
• referred to a Select Committee of Lok Sabha,
• to a Joint Committee of the Houses with the concurrence of Rajya Sabha and/or
• It may be circulated for the purposes of eliciting opinion. These committees are appointed on a temporary basis in order to consider particular Bills referred to them.
At this time, either of the two Houses might refer the Bill to Departmentally Related Joint Standing Committee of both Houses. This Committee also considers the Bill clause by clause and its members can move amendments to various clauses. The Committee can also take evidence of experts, associations or public bodies who are interested in the subject. After each clause and schedule have been considered and adopted by the Committee, the Lok Sabha Secretariat prepares a report. This report is presented to the House for its consideration.
Eliciting Opinion:
The Parliament may pass a motion that a Bill should be circulated to elicit the opinions of local bodies, associations, individuals or institutions. In such a case, the Secretariat of the House circulates letters to all the state governments and Union Territories asking them to publish the Bill in their respective local Gazettes. The period for eliciting opinion is generally mentioned in the motion. If no mention is made, the State governments have to send the opinions within three months of adopting the motion. The opinions are then tabled in Parliament. The Bill again passes through the Committee stage. At this point, the House can debate on the Bill as reported by the Committee. The debate is confined to the Bill as reported by the Committee.
The Second Stage: After the House decides to debate the Bill as reported by the Committee, the members discuss each clause of the Bill separately. They can also amend the clauses. This is a long process where each clause and amendment is discussed, adopted or rejected by the House. If an Amendment is accepted, it becomes a part of the Bill.
Third Reading: At this stage, the Bill is discussed solely to determine whether to approve or reject it. Only certain verbal, formal and consequential amendments are allowed to be moved at this stage. In order to pass an Ordinary Bill, the simple majority of members present and voting is required.
Once the Bill has been approved by the originating House, it is sent to the other House. It goes through all the three stages again. In case a Bill is passed by the originating House but rejected by the other House, the President has the power to call a joint sitting of the two Houses. The decision to accept or reject a Bill is taken by the majority of the total number of members of both Houses present and voting.
After both Houses of Parliament passes a Bill, it is presented to the President for his assent. If the President does not agree to sign the Bill, it is rejected. However, the President generally acts on the advice of the Council of Ministers, so he generally does not withhold consent against the advice of the ministers. He has the right to seek information and clarification about the Bill. If the President gives his assent, the Bill becomes an Act.
Money Bill
According to the Constitution of India, a Bill is considered to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of money borrowed by the Government of India or any guarantee given by the Government of India. The Bill can also consider amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of India , the payment of moneys into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of India;
(e) the declaring of a new item to be expenditure charged on the Consolidated Fund of India. Also, if there is any increase in the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or the issue of such money or the audit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub-clauses (a) (f)
Only on the recommendation of the President, the Money Bill can only be introduced in the Lok Sabha. Also, the Speaker of the House has the final authority to decide whether a Bill is a Money Bill or not. A Money Bill cannot be introduced in Rajya Sabha nor can it be referred to a Joint Committee of Houses or be considered at a Joint Sitting of the two Houses.
After being passed in the Lok Sabha, the Bill is sent to the Rajya Sabha. The Rajya Sabha may not amend Money Bills but can recommend amendments. A Money Bill should be returned to the Lok Sabha within 14 days or the Bill is deemed to have passed both Houses in the form it was originally passed by the Lok Sabha. The Lok Sabha has the discretion to accept or reject the recommended Amendments made by the Rajya Sabha. The President does not have the power to return a Money Bill for reconsideration unlike an Ordinary Bill.
Financial Bill
Any Bills relating to revenue or expenditure is a Financial Bill. Those Bills which make provisions for any of the matters specified in the Money Bills but do not contain solely those matters are known as Financial Bills. For e.g. a Bill contains taxation clause, but does not deal solely with taxation. Financial Bill also includes matters involving expenditure from the Consolidated Fund.
Differences between a Money Bill and a Financial Bill
1. All Financial Bills are not Money Bills.
2. A Financial Bill is considered to be a Money Bill solely when it contains matters specified in the Constitution for a Money Bill.
3. Only those Financial Bills would be considered as Money Bills, which are certified by the Speaker.
4. A Financial Bill, which contains any matters specified for a Money Bill but does not deal exclusively with such matters, has two features in common with a Money Bill:
5. It cannot be introduced in the Rajya Sabha
6. It cannot be introduced except on the recommendation of the President.
7. But, if the Bill is not classified as a Money Bill, the Rajya Sabha has full powers to reject or amend it as it does in the case of Ordinary Bill. In case of disagreement over a Bill between the Houses, the President can call for a joint sitting to resolve the deadlock.
8. A Financial Bill, which involves expenditure from the Consolidated Fund of India, is treated in the same manner as an Ordinary Bill. Hence, it can be introduced in both the Houses and the Rajya Sabha has the full power to reject or amend it. It also does not require the recommendation of the President for its introduction. However, the President’s recommendation is necessary before the Bill can be passed by both the Houses.
Appropriation Bill
As the name suggests, the Appropriation Bill seeks to give legal authority to the Government to appropriate expenditure from the Consolidated Fund of India. The Constitution says that no money can be withdrawn from the Consolidated Fund without the enactment of law by the Parliament. A Bill that incorporates all the demands for grants voted by the Lok Sabha as well as the expenditures charged on the Consolidated Fund, is introduced in the Lok Sabha. This Bill is known as the Appropriation Bill. It is passed in the same manner as any other Bills. But no amendments can be proposed to the Bill. After the Bill is passed by the Lok Sabha, the Speaker certifies it as a Money Bill. Rajya Sabha can make recommendations over the Bill but it does not have the power to amend or reject the Bill. Thereafter, the Bill is presented to the President for his assent.
Finance Bill
The Finance Bill incorporates all the financial proposals of the Government for the following year. It is ordinarily introduced in the Lok Sabha every year, immediately after the Budget is presented. Discussions on the Bill are restricted to matters relating to general administration and local grievances within the sphere of responsibility of the Union Government. No discussion is permitted on the details of particular estimates. This Bill has to be considered and passed by the Parliament and assented to by the President within 75 days after its introduction. This Bill is certified as a Money Bill. Thus, Rajya Sabha can only make recommendations to the Bill. It is up to the Lok Sabha to accept or reject such recommendations.
Bill becoming an Act
Firstly, a Bill has to be approved by both Houses of Parliament. Once the Bill is approved, it is sent to the President for his assent. No Bill can become an Act without the assent of the President.
Amendment of the Constitution of India
The Parliament has the power to amend the Constitution of India through a set of procedures laid down in Article 368. It is initiated by introducing a Bill in either House of the Parliament. Such a Bill may be introduced either by the government or a private member. Generally, Constitution (Amendment) Bills brought forward by a minister are introduced in the Lok Sabha. The Constitution (Amendment) Bill goes through three stages of reading before the Bill is passed. Articles of the Constitution have been classified into three categories for the purpose of amendment:
• Articles amendable by simple majority ;
• Articles, which require special majority for their amendment, i.e., by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of the House present and voting;
• Articles, which require a special majority as well as ratification by the legislatures of not less than one- half of the States. The Constitution does not provide for any time limit within which the States must give their consent for the ratification of a Constitution (Amendment) Bill, referred to them for this purpose.
Parliamentary privilege vs Contempt of the House
Parliamentary privilege can be defined as the set of special rights enjoyed by each House of Parliament and its Committees collectively as a constituent part of Parliament and by members of each House individually. For example: A member has immunity from any proceedings in any court in respect of anything said or any vote given by him in Parliament. When any of these rights and immunities are disregarded or attacked by any individual or authority, the offence is called a breach of privilege, and is punishable under the law. However, the privileges have not been codified by law.
If any act obstructs either House of Parliament or its Committees from discharging their duties, it might amount to Contempt of the House. For example, offering bribes to members to influence them in their Parliamentary conduct is also a form of Contempt of Parliament.
*****
