Indian Parliament Overview

Indian Parliament

• The Indian Parliament is the national legislature.
• It is bicameral (has two houses):
  • Lok Sabha (House of the People)
  • Rajya Sabha (Council of States)

Lok Sabha

• Represents the people directly.
• Members are elected directly by citizens.
• Divided into 543 constituencies.
• Normal term is 5 years.
• Can be dissolved by the President before term completion if a no-confidence motion is passed and no government can be formed.

Rajya Sabha

• Represents the states of India.
• Members are elected indirectly by Members of the Legislative Assemblies (MLAs).
• Seats are allocated in proportion to the population of each state.
• Term of a member is six years, with one-third retiring every two years.
• 12 members are nominated by the President for their contributions in art, literature, science, and social science.

Functions of Parliament

• Legislative function: Makes laws.
  • Bills are drafted by the bureaucracy and related ministries.
  • Parliament approves the bills.
• Control over the Executive: Holds the executive accountable.
• Financial Control: Oversees government spending, as government spends tax money.
• Representation: Represents different sections of society and parts of the country.
• Debate: Members can speak openly on any matter.
• Constitutional Amendment: Parliament amends the Constitution.
• Electoral functions: Elects the President and Vice-President.
• Judicial functions: Parliament can remove the President, Vice-President, Supreme Court judges, or High Court judges.

Special Powers of Rajya Sabha

• Can prevent the union government from making laws on matters in the state list.
• Can initiate the process of removing the Vice-President.

Special Powers of Lok Sabha

• Introduces money bills.
• Council of Ministers must prove majority in Lok Sabha.
• Can remove the government through a no-confidence motion.

The Process of Making Laws

• Bill: Draft proposal for a law.

• Types of Bills:

  • Government Bill: Introduced by ministers.
  • Private Member Bill: Introduced by a member of Parliament who is not a minister.
  • Money Bill: Bill related to government expenditure, borrowing, or taxes.
  • Non-Money Bill: All other bills.
  • Constitutional Amendment Bill: Bill to change the Constitution.
  • Ordinary Bill: All other non-money bills.

• Process:

  • Drafting: Done by relevant ministry.
  • Parliamentary Committee: Reviews and discusses the bill.
  • Public Input: The public can provide feedback on the bill.
  • House Discussion: The house debates the bill.
  • Voting: If the bill is passed by the house, it is sent to the other house.
  • Joint Session: If the second house does not pass the bill, the President can call a joint session.
  • President's Approval: If the bill is passed by both houses, the President signs it.
  • Act/Law: The signed bill becomes law.

How Parliament Controls the Executive

• Parliamentary Privilege: Members have the freedom to speak and act openly without fear of legal repercussions.
• Question Hour: Members can question ministers on any issue.
• Deliberation and Discussion: Parliament debates on important matters.
• Approval and Refugee of Law: Executive must get laws passed by Parliament.
• Financial Control: Parliament approves the budget and can inquire into misuse of funds.
• No Confidence Motion: Lok Sabha can remove the government through a no-confidence motion.

Rules and Regulations in Parliament

• Presiding Officer: Speaker (Lok Sabha), Chairman (Rajya Sabha)
• Anti-Defection Law: Prevents members from changing parties for personal gain.
• Defection: Considered when:
  • Member is absent without permission.
  • Member votes against the party's instruction.
  • Member changes parties voluntarily.
• Presiding officer is the final authority, with the power to cancel membership and disqualify from ministerial positions.