In the realm of civil service examinations, especially the prestigious UPSC (Union Public Service Commission) exams, an in-depth understanding of political systems and governance structures is indispensable. One of the fundamental pillars of democratic governance is the parliamentary system, which forms the bedrock of governance in several countries, including India. In this blog post, we delve into the essence of parliamentary democracy, its key features, functioning in the context of UPSC preparation.
The Indian Parliament, situated at the apex of legislative authority in India on the national level, is delineated in Part V of the Indian constitution. This section, encompassing Articles 79 to 122, covers aspects such as the structure, membership, tenure, officials, protocols, authorities, entitlements, and related matters concerning the Indian Parliament.
Constitutional Provision
Composition of Parliament
- The Indian Parliament comprises three components: the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).
- The President, although not a member of any house, holds significant importance within the Parliament due to several reasons:
- The President’s assent is essential for a bill passed by both houses to become law.
- The President possesses the authority to convene or adjourn the sessions of both houses and deliver addresses to them.
- At the outset of each general election and annually, the President addresses the Parliament during its first session.
- The President holds the power to promulgate ordinances in the absence of Parliament sessions.
Bicameral Legislature
The importance of having a bicameral legislature in India stems from the necessity of addressing and managing the intricate challenges associated with governing a highly diverse nation. The Indian Parliament is divided into two chambers: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).
1.Lok Sabha
Composition
Article 81 of the Indian Constitution stipulates that the total membership of the Lok Sabha should not exceed 550, consisting of 530 members elected directly from territorial constituencies in the states, and an additional 20 members chosen as per laws enacted by Parliament to represent Union territories. It’s important to note that the reservation of 2 seats for the Anglo-Indian community in the Lok Sabha was abolished by the 104th Constitutional Amendment Act.
Duration
Article 83(2) of the Indian Constitution states that the Lok Sabha shall remain in session for a duration of five years from the date of its first meeting. However, during a national emergency, Parliament has the authority to extend this period by one year at a time, for any length of time, provided it does not exceed six months after the emergency ceases. The President, upon the advice of the Prime Minister, may dissolve the Lok Sabha before the completion of its five-year term.
Qualification
Article 84 of the Indian Constitution outlines the qualifications required to be eligible for membership in the Lok Sabha. These qualifications include being a citizen of India and being at least 25 years old. Additionally, according to the Representation of People Act, 1951, the individual must be registered as a voter in any constituency in India. Moreover, to contest a reserved seat, the candidate must belong to either the Scheduled Caste or Scheduled Tribe communities.
Disqualification under Constitution
Article 102(1) of the Indian Constitution outlines various conditions under which a person can be disqualified for membership in either House of Parliament:
- Holding any office of profit under the Government of India or any State, unless exempted by Parliament.
- Being declared of unsound mind by a competent court.
- Being an undischarged insolvent.
- Not being a citizen of India, voluntarily acquiring citizenship of a foreign state, or showing allegiance to a foreign state.
- Being disqualified under any law enacted by Parliament.
Article 102(2) specifies that disqualification under the Tenth Schedule also applies. The Representation of People’s Act, 1951, further elaborates on disqualifications:
- Being found guilty of specific election offenses or corrupt practices.
- Being convicted of an offense resulting in imprisonment for two or more years, excluding preventive detention.
- Failing to submit election expense accounts in time.
- Having an interest in government contracts, works, or services.
- Holding a position of profit in a government-owned corporation.
- Being dismissed from government service for corruption or disloyalty.
- Being convicted for promoting enmity between groups or bribery.
- Engaging in social crimes like untouchability, dowry, or sati.
Article 103 states that if there’s a question regarding a member’s disqualification, it will be referred to the President for a final decision, after obtaining the opinion of the Election Commission.
Disqualification for Defection
Under the Anti-defection Act of 1985, a person can face disqualification if they:
- Voluntarily renounce membership of their political party.
- Vote or abstain from voting in a manner contrary to the directives issued by their political party.
- An independently elected member joins a political party.
- A nominated member of a house joins a political party after six months from taking their seat.
The question of disqualification is to be determined by the Speaker in the case of the Lok Sabha.
Vacation of seat
Under the Representation of People Act, 1951, provisions regarding double membership entail the following:
- If elected to both houses of Parliament, the individual must declare their choice within 10 days, otherwise, the Rajya Sabha seat becomes vacant.
- If a current member is elected to another house, their seat in the initial house becomes vacant.
- If elected to two seats, both seats become vacant if no option for one is exercised.
- If a person holds membership in both Parliament and a state legislature, the Parliament seat becomes vacant if they do not resign from the state legislature within 14 days.
Regarding disqualification, a member may be disqualified based on conditions specified in the Constitution, the Representation of People Act, or due to defection as per the Tenth Schedule.
Resignation can be tendered by a member through written communication to the presiding officer of the house. If a member is absent from all meetings for 60 consecutive days without permission, their seat becomes vacant.
Other circumstances leading to vacancy include:
- Declaration of election void by the court.
- Expulsion from the house.
- Election to the office of President.
- Appointment to the office of Governor.
Presiding Officer
Article 93 of the Indian Constitution dictates that the Lok Sabha is responsible for electing both the Speaker and the Deputy Speaker. Should either position become vacant, the House will choose another member to fill the role.
The Speaker serves as the presiding officer of the Lok Sabha and continues in office even after the dissolution of the House until a new Speaker is elected by the subsequent House. In the Speaker’s absence, the Deputy Speaker assumes the responsibility of presiding over meetings.
Article 94 outlines the procedure for removing the Speaker and the Deputy Speaker from office, requiring a resolution passed by a majority of all members of the Lok Sabha.
Additionally, the Rules of Lok Sabha allow for the appointment of a panel of up to ten chairpersons by the Speaker from among the members. These chairpersons can preside over the House in the absence of the Speaker or Deputy Speaker and possess the same powers as the Speaker while presiding. They remain in office until a new panel is nominated. However, if a member of the panel is unavailable, the House can select another individual to act as the Speaker. It’s important to note that when the office of Speaker or Deputy Speaker is vacant, a member of the panel of chairpersons cannot preside.
2. Rajya Sabha
Composition
The maximum strength of the Rajya Sabha is capped at 250 members, out of which 238 are representatives chosen indirectly by the states and union territories, and 12 are nominated by the President. The allocation of seats to states and union territories in the Rajya Sabha is outlined in the Fourth Schedule of the Constitution.
Duration and Dissolution
Article 83(1) states that the Rajya Sabha does not undergo dissolution, but one-third of its members retire every two years. As per the Representation of the People Act (1951), the term of office for a member of the Rajya Sabha is six years.
Qualification of members
Article 84 of the Indian Constitution specifies that to be eligible for membership in the Rajya Sabha, an individual must be a citizen of India and must be at least 30 years old. According to the Representation of the People Act, 1951, any person who is registered as an elector for a parliamentary constituency is eligible to contest elections for the Rajya Sabha.
Disqualification under Constitution
Article 102(1) of the Indian Constitution outlines various conditions under which a person can be disqualified for membership in either House of Parliament:
- Holding any office of profit under the Government of India or any State, unless exempted by Parliament.
- Being declared of unsound mind by a competent court.
- Being an undischarged insolvent.
- Not being a citizen of India, voluntarily acquiring citizenship of a foreign state, or showing allegiance to a foreign state.
- Being disqualified under any law enacted by Parliament.
Article 102(2) specifies that disqualification under the Tenth Schedule also applies. The Representation of People’s Act, 1951, further elaborates on disqualifications:
- Being found guilty of specific election offenses or corrupt practices.
- Being convicted of an offense resulting in imprisonment for two or more years, excluding preventive detention.
- Failing to submit election expense accounts in time.
- Having an interest in government contracts, works, or services.
- Holding a position of profit in a government-owned corporation.
- Being dismissed from government service for corruption or disloyalty.
- Being convicted for promoting enmity between groups or bribery.
- Engaging in social crimes like untouchability, dowry, or sati.
Article 103 states that if there’s a question regarding a member’s disqualification, it will be referred to the President for a final decision, after obtaining the opinion of the Election Commission.
Disqualification for Defection
Under the Anti-defection Act of 1985, a person can face disqualification if they:
- Voluntarily renounce membership of their political party.
- Vote or abstain from voting in a manner contrary to the directives issued by their political party.
- An independently elected member joins a political party.
- A nominated member of a house joins a political party after six months from taking their seat.
The question of disqualification is to be determined by the Chairman in the case of the Rajya Sabha and by the Speaker in the case of the Lok Sabha.
Presiding Officer
Article 89(1) states that the Vice President of India serves as the ex-officio Chairman of the Rajya Sabha.
According to Article 89(2), the Rajya Sabha elects a member from its council to serve as the Deputy Chairman, and whenever the position becomes vacant, the council selects another member for the role.
The Chairman of the Rajya Sabha can only be removed from office through a resolution passed by a majority of all the members of the Rajya Sabha at the time, which must also be approved by the Lok Sabha.
On the other hand, the Deputy Chairman can be removed by a majority vote of all the members of the Rajya Sabha at the time.
Functions of Parliament
Legislative Function
- Parliament holds a significant responsibility in the legislative domain of the nation.
- Its primary duty is to legislate on all subjects specified in the Union and Concurrent Lists.
- Additionally, Parliament has the authority to pass laws pertaining to matters listed under the State Lists under specific circumstances and as outlined in articles such as 249, 252, and 253.
- Parliament possesses the power to enact laws at any time, which may involve amending existing laws or creating new legislation that may differ from state legislature laws.
Executive Function
- It holds the authority to remove a cabinet from power through a vote of no-confidence.
- Parliament can also scrutinize and oppose financial bills proposed by the government.
- The adjournment motion serves as a significant tool for the Parliament to address matters of public emergency interest.
- Parliamentary committees are appointed to monitor government departments and ensure their compliance with commitments made to Parliament.
- Ministers are held accountable for all actions taken by Parliament.
Judicial Function
- The Parliament has the authority to impeach and remove the President of India if they violate the Constitution.
- Similarly, judges of both the High Court and the Supreme Court can be removed by Parliament.
- Members of Parliament can be punished if they violate their prescribed privileges while in office and under oath.
Financial Function
- The Parliament holds the highest authority over the executive branch, and without its approval, the Executive cannot operate.
- The financial functions of Parliament include:
- Approval of tax imposition, which must be sanctioned by Parliament.
- Review and approval of the Union Budget prepared by the Cabinet, submitted to Parliament for consideration.
- Significance in the handling of money bills.
- Two parliamentary departments, namely the Public Accounts Committee and the Estimates Committee, are tasked with overseeing the expenditure of funds allocated by the legislature to the executive branch.
Continue reading office of Speaker and Chairman and Devices of Parliamentary Proceedings.