Lesson 7 of 10 · Indian Polity and Constitution
Parliament: Lok Sabha, Rajya Sabha, Bills, Budget and Committees
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Composition
Under Article 79 Parliament consists of the President, the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Article 80 fixes the Rajya Sabha at a maximum of 250 members: up to 238 representatives of states and union territories, elected by the elected MLAs by proportional representation by single transferable vote, and 12 nominated by the President for literature, science, art and social service. The Rajya Sabha is a permanent House: one-third of its members retire every second year, and a member's term is 6 years. Article 81 fixes the Lok Sabha at a maximum of 550 elected members (530 from states and 20 from union territories); the 104th Amendment (2019) ended the nomination of two Anglo-Indians from January 2020. The Lok Sabha's term is 5 years, extendable during a national emergency one year at a time.
Members and presiding officers
The minimum age is 25 for the Lok Sabha and 30 for the Rajya Sabha (Article 84). The Lok Sabha elects a Speaker and a Deputy Speaker (Article 93); the Speaker resigns to the Deputy Speaker and can be removed by a resolution passed by a majority of all the then members after 14 days' notice (Article 94). The Speaker has only a casting vote (Article 100), certifies money bills, presides over joint sittings and decides defection cases under the Tenth Schedule, subject to judicial review after Kihoto Hollohan (1992). G.V. Mavalankar was the first Speaker. The Vice-President is ex officio Chairman of the Rajya Sabha, which elects a Deputy Chairman.
Sessions and devices
Under Article 85 six months must not pass between two sessions; by convention there are three: Budget, Monsoon and Winter. The first hour of a sitting is Question Hour: starred questions get oral answers with supplementaries, unstarred questions written answers, and short notice questions are asked on less than 10 days' notice. Zero Hour, an Indian innovation from 1962, follows Question Hour and is not in the rules of procedure. An adjournment motion raises a definite matter of urgent public importance, needs 50 members' support and is allowed only in the Lok Sabha. A no-confidence motion also needs 50 members, need not state reasons, is moved only in the Lok Sabha and, if passed, brings down the whole Council of Ministers; a censure motion must state reasons, can target one minister and does not force resignation.
Types of bills
An ordinary bill can be introduced in either House. A money bill (Article 110) deals only with taxes, borrowing, the Consolidated Fund and similar matters; it is introduced only in the Lok Sabha on the President's recommendation, the Speaker's certificate is final, and the Rajya Sabha can only make recommendations within 14 days; the President cannot return it. Financial bills under Article 117(1) also start only in the Lok Sabha but are otherwise treated like ordinary bills. A constitutional amendment bill (Article 368) can start in either House; it needs a special majority in each House (a majority of the total membership and two-thirds of those present and voting) and, if it affects the federal structure, ratification by half the state legislatures.
Joint sitting
Under Article 108 the President may summon a joint sitting when one House rejects a bill passed by the other, when the Houses disagree on amendments, or when more than 6 months pass without the other House passing it. The Speaker presides, and a majority of members of both Houses present and voting decides. Money bills and constitutional amendment bills cannot go to a joint sitting. Joint sittings were held on the Dowry Prohibition Bill (1961), the Banking Service Commission (Repeal) Bill (1978) and the Prevention of Terrorism Bill (2002).
Budget procedure
Article 112 calls the budget the annual financial statement; the word budget does not appear. Only the Lok Sabha votes on demands for grants, and charged expenditure, such as the emoluments of the President, the salaries of Supreme Court judges and the CAG, and debt charges, is not voted (Article 113). In cut motions, a policy cut reduces a demand to 1 rupee, an economy cut by a stated amount and a token cut by 100 rupees. The Appropriation Bill (Article 114) authorises withdrawals from the Consolidated Fund of India (Article 266), the Finance Bill carries tax proposals, and a vote on account (Article 116) lets the government draw money until the budget is passed. Since 2017 the budget has been presented on 1 February, with the railway budget merged into it.
Parliamentary committees
The Public Accounts Committee (first set up in 1921) has 22 members, 15 from the Lok Sabha and 7 from the Rajya Sabha; it examines the CAG's audit reports, is chaired by an opposition member by convention since 1967, and no minister can be a member. The Estimates Committee (1950) has 30 members, all from the Lok Sabha, and suggests economies. The Committee on Public Undertakings (1964) has 22 members (15 plus 7) and examines public sector enterprises. Departmentally related standing committees, set up in 1993, examine ministries' demands for grants and bills.
Key facts
- Rajya Sabha: maximum 250 (238 elected + 12 nominated), permanent House, one-third retire every 2 years, member's term 6 years, minimum age 30.
- Lok Sabha: maximum 550 elected (530 from states + 20 from UTs), term 5 years, minimum age 25; Anglo-Indian nomination ended by the 104th Amendment (2019).
- Speaker: certifies money bills, presides over joint sittings, has only a casting vote, resigns to the Deputy Speaker; first Speaker G.V. Mavalankar; quorum is one-tenth of a House's members.
- Questions: starred (oral, supplementaries allowed), unstarred (written), short notice (less than 10 days); Zero Hour began in 1962; calling attention motion is an Indian innovation of 1954.
- No-confidence motion: support of 50 members, no reasons needed, only in the Lok Sabha, against the whole Council; censure motion: must state reasons, can target one minister.
- Money bill (Article 110): only in the Lok Sabha, on the President's recommendation, Speaker's certificate final, Rajya Sabha has 14 days, President cannot return it.
- Joint sitting (Article 108): presided over by the Speaker; not for money or amendment bills; held in 1961 (dowry), 1978 (banking service commission) and 2002 (prevention of terrorism).
- Cut motions: policy cut (demand reduced to 1 rupee), economy cut (reduced by a stated amount), token cut (reduced by 100 rupees).
- PAC: 22 members (15 + 7), opposition chair by convention; Estimates Committee: 30 members, all from the Lok Sabha; Committee on Public Undertakings: 22 members.
- Budget terms: annual financial statement (Article 112), Appropriation Bill (Article 114), vote on account (Article 116), Contingency Fund (Article 267); presented on 1 February since 2017.
Quick revision
Art 79 Parliament = President + Rajya Sabha + Lok Sabha; RS max 250, LS max 550 elected; ages 30 and 25; Speaker Arts 93-94, casting vote; max 6-month gap between sessions (Art 85); question hour, zero hour 1962; adjournment and no-confidence motions need 50 members; money bill Art 110, RS 14 days; amendment Art 368 special majority; joint sitting Art 108 (1961, 1978, 2002); budget Art 112; PAC 22, Estimates 30, COPU 22.