Indian Parliament Quiz

Essentials of Parliament-01

Class Plan

• The class plan includes discussion of concepts, bicameralsim, terminologies, qualifications to become MPs, reasons for disqualifications, important offices, and law-making procedure

Concepts

• The first concept explored is Separation of Powers

Separation of Powers

• Separation of Powers: A concept to control the scope of power
• Government responsibilities are divided into three distinct branches to prevent concentration of power
• Executive (President and Council of Ministers)
• Legislature (Parliament)
• Judiciary (Supreme Court)
• Seperate judiciary from the executive branch is mentioned in Article 50
• Division of roles/ responsibilities among different branches
• Ensures no single branch becomes too powerful, allows for specialization and independence of each branch, and protects liberty.

Checks and Balances

• A system that allows each branch of government to amend or veto acts of another branch to prevent any one branch from exerting too much power
• Judiciary can declare laws unconstitutional
• President can veto bills passed by Parliament
• Parliament can impeach the President or Judges
• Mechanisms to ensure balance of power and accountability among branches
• Promotes accountability, prevents abuse of power, and ensures cooperation and balance among branches
• Checks and Balances are not mentioned in the Constitution

What is meant by separation of powers?

• Goverment powers are shared among separate organs
• There is a tripartite division of powers among the Legislature (L), Executive(E) and Judiciary (J)
• All three organs must remain independent and distinct.
• None of them are allowed to exercise powers of the other two.
• No person is part of more than one organ.
• The Constitution itself lays down such a scheme for sharing.
• Article 50

Need for separation of powers:

• Prevents concentration of powers so abuse is difficult
• It preserves democracy
• Prevents arbitrariness and tyranny
• Individual liberty is safeguarded
• Helps provide a system of checks and balances
• It promotes efficiency and specialization
• Ensures the rule of law

Comparison with the British system

• In India, the Constitution is supreme, but in the UK, the Parliament is supreme
• India's Supreme and High courts can review parliamentary authority through judicial review, while the Courts in the UK has limited powers to review Parliament's enactments
• In India, Parliament cannot alter the Consitution's basic structure, in the UK no such limitation exist on the Parliament's power to alter the Consitution
• In India, the federal system constrains parliamentary sovereignty and Parliament cannot legislate exclusively on State List, in the UK the Parliament can legislate on any subject without limitations
• In India, amendments require different majorities based on the type of amendment and state ratification. In the UK, a simple majority suffices for all amendments, including constitutional ones.
• India is a republic with a federal system that is complex, while the UK has a unitary flexible system and is a monarchy with a hereditary head

Terminologies

• There are yearly 3 sessions, only the time gap between the sessions are mentioned in Consitution
• Key terms include: Session, Sitting and Recess

Key Terms Defined

• Session: The period during which Parliament meets to conduct its business and comprises multiple sittings.
• Sitting: A single meeting of a House of Parliament on a particular day.
• Recess: The period/ break between two sessions of Parliament, during which no formal parliamentary business is conducted.

Terms

Summon

• Article 85 states the President from time-to-time summons session of the Parliament.
• Sessions will be held at such time and place as the President deem fits.
• This is done on the advice of the Council of Ministers.
• The maximum gap between two sessions is six months.

Prorogation

• Brings an end to a session of the Parliament
• Prorogation is done by the President
• This is done on the advice of the Council of Ministers.

Adjournment

• Means terminating/ending a sitting, creating a break between sittings.
• Done by the Presiding officer (Speaker/Chairman)
• The Presiding officer will mention date and time of next meeting.

Adjournment sine die

• Terminating/ending a sitting without mentioning the date and time of next meeting.
• This is an adjournment for an indefinite period.
• Done by the Presiding officer (Speaker/Chairman)

Dissolution

• Applies to only the LS (Lok Sabha
• Means ending the very life of present Lok Sabha.
• Lok Sabha is not a permanent House.
• It is automatically dissolved after the expiry of five years from the date of its first meeting.
• It is irrevocable

President and Parliament

• A bill passed by both Houses of Parliament cannot become a law without the President's assent.
• The President performs the following functions related to Parliament:
• Summons both Houses. (Art.85)
• Prorogues both Houses.
• Sends messages.
• Addresses both the Houses. (Art.87)
• Dissolves the Lok Sabha on recommendation of cabinet.
• Issues ordinances when houses are not in session

Delimitation

• Refers to the process of determining the number of seats and defining the boundaries of territorial constituencies in each Indian state for both the Lok Sabha and State Legislative Assemblies
• The Delimitation Commission Act provides the legal framework for conducting delimitation.
• Delimitation is typically carried out after every census.
• The significance is taht it redraws the boundaries of consituencies to ensure that each consitutency represents a roughly equal number of voters

The Delimitation Commission

• It is constituted by the Central Government under the Delimitation Act after every census.
• The President of India appoints members and works in collaboration with the Election Commission of India.
• It is a statutory body.
• The Commission has a chairman (the Chief Election Commissioner or a member of Election Commission) and the Election Commissioner of the state where the election occurs
• The term is not fixed, and continues till its task is completed.

Powers of The Delimitation Commission

• Orders are laid before the Lok Sabha and respective State Legislative Assemblies.
• The orders have the force of law and are binding and cannot be challenged in any court of law.
• The orders come into force on a date to be specified by the President of India The orders are based on the 1971 population

Key Points

• The Delimitation is made up of a Statutory body appointed by the President
• Multi-member body. No fixed tenure.
• Orders are binding, and have force of law.
• Orders are not subject to juridical review.

Bicameralism

Bicameral Legislature

• Has two houses or chambers.
• The purpose is the representation of the people as well as states.
• Article 79 notes the Parliament of India consists of President, House of People (lower House), and Council of states (Upper House)
• Article 169 addresses Bicameralism in states.
• Six states at present have bi-cameral legislature.

The Parliament

• Made up of President, Lok Sabha, and Rajya Sabha

Lok sabha

• Represents the people of India
• A directly elected House
• Made up of people of 543 Territorial constituencies whom elect one member each.

Rajya Sabha

• Represents the states in India
• An Indirectly elected House
• Composed of 245 seats distributed among states.
• Has both elected and nominated members
• The people are indirectly elected into it

Representation of states in RS includes:

• FOURTH SCHEDULE
• NO UNIFORMITY IN REPRESENTATION
• BASED ON POPULATION:
• Maximum - Uttar Pradesh 31 members
• Least Tripura - one member.
• All northeastern states except Assam have one seat each.

Representation of UTs in the RS:

• FOURTH SCHEDULE
• Only 3 UTs have representation- Delhi, Puducherry and J&K

Lok Sabha MPs are based on Population:

• Maximum – Uttar Pradesh- 80 members
• Least - Mizoram, Nagaland, Sikkim- one member each.

Council of States (Rajya Sabha)

• Composition:
• Article 80
• Max 250
• Nominated by President: 12
• Representatives of States/UTs : 238

House of People (Lok Sabha)

• Compositon:
• Article 81
• Max 550
• From states: 530
• From UT: 20

Actual Strength

• Council of States: 245
• House of People: 543

Method of election of members

• Indirect for Council of States: By MLAs of respective state/UT Legislative Assembly and a Proportional representation by single transferable votes
• Direct for House of People: By People of India - Adult suffrage and Territorial Constituencies and the First Past the Post system.

Other key facts

• The Council of Seats has no reserved seats for minorities, and it is a Permanent House that can be extended 6 years for Term of individual member
• Seats are are reserved for SC/ST in the House of People, normal term is 5 years from first session, the President can dissolve, and has Extension of 1year during National Emergency, and its life is the life if the Lok Sabha
• The Council of Seats requires citizens to be Indian Citizen, 30 years old, and requires Oath or affirmation and Registered voter in any constituency to become a member.
• House if People also requires citizens to be Indian Citizen and requires Oath or affirmation and Registered voter in any constituency to become a member but it has Age limitation of 25 years

Comparison of powers of Lok Sabha and Rajya Sabha

• Ordinary bills ( introduction and passing); Constitution Amendment bills (introduction and passing); Approving ordinances and Emergency; Election of the President and VP; Impeachment of President; Removal of SC/HC judges; Forming Council of Ministers are Powers equal with LS
• Powers under Article 312 (All India service by RS resolution), Resolution for Parliamentary law making on state subjects; Removal of the VP (Chairman) Powers of the Rajya Sabha

Lesser Powers

• The Collective responsibility and No-confidence motion applies only to LS.
• The Introduction and passing of Money bills and certain finance bills only apply' to LS
• Voting on Demand for Grants only applies to LS

Qualifications to become member of parliament:

• Based on the Consitution they Must be citizen of India and be older than 25(LS) and 30(RS) years of age, oath or affirmation with allegiance to their country upholds unity and integrity.
• According to the RPA 1951 the person must be a registered as a voter in a parliamentary constituency and a member of the SC/ST community if contesting from a reserved seat.
• Since 1996, through the Representation of People Act, 1951, section 33(7), candidates can contest for a maximum of 2 Lok Sabha/Assembly seats.

Reasons for disqualifications:

• Per the Constitution it includes: Office of profit, an unsound mind (declared by court), an undischarged insolvent, someone voluntarily acquiring foreign citizenship, and being under laws made by parliament. Per the RPA, 1951, reasons are: Guilty of election offenses/corrupt practices, election expenses, conviction and imprisonment for 2/more years, enmity between groups, and untouchability. Per the Tenth Schedule (Anti-Defection Law): Voluntarily gives up membership of party, Independent MP joins any party, A nominated MP joins party after 6 months and Vote against party instruction

Anti-defection law

• Defined in 10th schedule
• Was added in 1985
• The primary purpose to to bring stability to governments by discouraging legislators from changing parties.
• Decision regarding disqualification due to defection rests with the Speaker (in the case of the Lok Sabha) or the Chairman (in the case of the Rajya Sabha.
• Anti-Defection Law is subject to judicial review.
• The courts generally avoid interfering in the Speaker's or Chairman's decisions unless there is a clear violation of constitutional principles. .

What amounts to defection?

• If an elected member voluntarily gives up their membership of a political party and joins another party, it amounts to defection.
• If the elected member abstains from voting in the House contrary to any direction issued by their political party, it can lead to disqualification
• If any independently-elected member decides to join any political party, it falls under the purview of defection
• If a nominated member joins any political party after the end of six months from their nomination it can result in disqualification
• Less than 10 will liable to anti defection= more than 10- not proceedings will be initiated(resort politics), they can contest in the immediate election/by election

Office of profit

• Refers to a position that provides financial gain, advantages, or benefits to the person holding it and is only mentioned but not defined in the Constitution
• Defined in Prevention of Disqualificaton Act
• Governed for Members of Parliament by Article 102 and for State Legislative Assemblies by Article 191

The term aims to prevent:

• Conflicts of interest and maintain the independence of legislators
• The term is that the office is under the central or state government (except those specifically exempted by law)
• It is not defined in the Constitution or any other legislation.

What is Office of Profit?

• Refers to any position or post under either central or state government which yields salaries, perks, or other benefits- It is mentioned in both Article 102 and Article 191 of the Indian Constitution, where it notes that if holding an office of profit under the government, it disqualifies and individual from being chosen or being an MP or MLA,
• It's significance it to prevent conflict of interest and if it is held that it may compromise independence and ability to perform duties impartiallly and ensure separation if powers and maintain integrity , the Consititution prohibits both MLA and MPs from holding offices of profit

Submitting election expenses.

• After any eletion it is madntory for all candidates must submit their expense reports to the District Election Officer (DEO) within 30 days from the date of declaration of the result and it is enforced by the Election Commission of India
• A part of the Representation of the People Act of 1951 (sechion 10A_
• ECI can disqualify any MP that fails to submit for a period of three years

Positions

• Pro-tem Speaker, Speaker, Deputy Speaker, Chairman, Leader of Opposition, Whip

Elected or Appointed

• The Pro-tem Speaker is Appointed by the President
• The Speaker and Deputy Speaker are Elected
• The Chairman is Ex-offico
• The Leader of Op[position is Recognized
• The Whip is Appointed by the respective political party

Function

• The Pro-tem Speaker Presides over the first meeting of newly elected Lok Sabha, administers oath to new members, conducts election of Speaker
• The Speaker Presides over Lok Sabha sessions, ensures order, decides on points of order, certifies money bills.
• The Deputy Speaker Assists and stands in for the Speaker, presides in Speaker's absence
• The Chairman Presides over Rajya Sabha sessions, ensures order, decides on points of order.

Who the position is mentioned by:

• The speaker, and Dep[uty Speaker are mentioned in Article 93
• The Chairman is mentioned in Aritlce 89
• Leader of opposition is recognized through statutory post The Whip is appointed by the respective political parties to Mobilizes Supports, and ensure party discipline by conveying the party decisions to members.

Protem speaker

• Temporary position held by the most senior member by convention
• Appointed by the President
• Adnminsters oaths to fellow members new in LS, and helps conduct speaker elections
• Continues to hold position until permanent speaker held

Speaker of the Lok Sabha

• The presiding officer of the group, elected by simple majority
• Presides over sitting of the Lok Sabha, appointed by and mentioned in the Constitution
• Can be replaced by Deputy Speaker with resignation letter
• Continues in office till the first meeting of the new Lok Sabha
• Chosen or nominated by the President and fixed by date
• Can be anyone with adeguate experience and knowledge

Presiding Officer Requirements

• President
• Nomination by speaker
• Absence of both speaker and Deputy Speaker

Other Lok sabka members

• Senior civil servants as the secretary appointed by Lok sabka speaker
• Head Lok Sabha staff as staff member

Rajya sabha duties

• Presides chairman (vice president)
• VP absent Deputy speaker presides, but VP remains not at housemember

D[eputy chairman

• From election by simple population when LS not open
• Runs until members complete teem with letter of resignations
• Mentjoned In Consitution a Article 89

What is Given

House officer election

• Lok tabha
• PRO Tem members

Quailficaitons

• From members

By term

• Elected

Resignations

Ennumertated by members through

Members list

• 50

Sprakers benifets of office

• Impartiality
• Effective majority
• Charged CFI
• Top minister levels

Types of bills and procedure summary

• Different types of bills include Ordinary Bills (Article 107), Money Bills (Article 110), Financial Bills Type I (Article 117(1)), Constitution Amendment Bills (Article 368)

Different stages of the 4

• Introduction House: Either House (OB, CAB), Loksabha only(MB, FB) Introduces by: Either minister/private member(OB, CAB), Minster only(MB, FB) Require Prior recommendation : CAB require not required Type is Majorities :OB, FE, and MB are simple. CAB os special mjsority A368.

• Powers: Rajys sabha can reject or amend except money bills and 13 day return timeline

• Presdients: same as ordinal unless constitoonal then must assent or its bad.

• Delocking cases- joint is permited with exception to Money Bills Aricle 110.

Money bills include some of matters:

• Tax and financial garuntee

Other matters is :money with the gov of India, such as: Consolidated or contingebncy Declaired appropraitons for the future gov as public. incdental

• This bills is all only provisons

Amending

• Must be through addition varaaitons or reperal.

Amending Procedure

• Bill can be introduced in LS or RS, that was prior and supported by both minoster.
• Prior vote require, LS and RE must have both powers, sepereatly-
• President must assent on bill (vote with no way to say no to bills,) amendment
• This means the Consitution must standard.

Roles of stages

Amending state bill provisions:

• As a total with legislature with state majority for state.

Distribution

The Union has laws and powers with list

• Has laws for the way consitioon is worked and built.

The Consitution should not be changed because:

• Is a basic system.
• If changed it will lead to the basic framewotk collapsing, also is the basis of supreme court laws and has a vision with support. Has lasting impacts

Test your knowledge of the Lok Sabha's exclusive powers, parliamentary procedures like adjournment sine die, and qualifications for Members of Parliament. Explore session timings and constitutional requirements.