Parliamentary Procedures & Controls

• Chapter focuses on how elected legislatures function and maintain democratic government thru composition and functioning of Parliament and State legislatures.
• After reading this chapter will describe roles for legislature, functions/powers of Parliament, law making, how Parliament controls the executive, and how Parliament is regulated.

Why a Parliament?

• Legislature is more than a law-making body, it is also the center of democratic political processes.
• Legislature is packed with action like walkouts, protests, demonstrations, unanimity and cooperation.
• A genuine democracy needs a representative, efficient, and effective legislature, also helps ensure people hold representatives accountable.
• Legislatures losing central place to the executive in most democracies including India, the Cabinet initiates policies and sets agenda, leading some critics to believe Parliament diminished.
• Strong cabinets require a majority in the legislature and must answer to Parliament.
• Parliament one of most democratic and open forums for debate.
• Parliament is most representative organ of government with power to appoint/dismiss government.

2 houses of Parliament?

• Parliament is the national legislature, state legislatures are state legislatures.
• India has two houses in Parliament = bicameral legislature.
• Indian Parliament made up of Council of States (Rajya Sabha) and House of the People (Lok Sabha.)
• The Constitution allows states to establish either a unicameral or bicameral legislature.
• 6 States have a bicameral legislature: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh.
• Countries with large size and diversity use 2 houses of the national legislature for representation of all sections of society and geographical regions.
• Bicameral legislatures allow every decision to be reconsidered, ensuring double checks and preventing hasty decisions.

Rajya Sabha

• Each of the two Houses of Parliament has different bases of representation.
• It represents States of India as an indirectly elected body.
• Residents of a State elect the State Legislative Assembly.
• The elected members of the State Legislative Assembly elect the members of the Rajya Sabha.
• Alternative is giving equal representation irrespective of size/population = symmetrical representation.
• Numbers of members elected from each State fixed by the fourth schedule of the Constitution.
• Uttar Pradesh sends 31 members to the Rajya Sabha, smaller states like Sikkim have one seat.
• Members of the Rajya Sabha are elected for a term of six years and can get re-elected.
• Every two years, one third of members of the Rajya Sabha complete their term and elections are held for those seats.
• Rajya Sabha is never fully dissolved and is the permanent House of the Parliament, this makes it useful if the Lok Sabha is dissolved while awaiting elections.
• Rajya Sabha also has twelve members nominated by the President from those who have left their mark in literature, science, art and social service.

Lok Sabha

• Along with State Legislative Assemblies, Lok Sabha are directly elected by the people.
• The country or state is divided into territorial constituencies of roughly equal population.
• One representative is elected from each constituency through universal adult suffrage which means the value of vote of every individual would be equal to another.
• At present there are 543 constituencies, this number hasn't changed since 1971.
• Lok Sabha is elected for a period of five years, this is the maximum.
• Before the completion of five years, the Lok Sabha can be dissolved if no party/coalition can form the government or if the Prime Minister advises the President.

Parliament Functions

• Parliament enacts legislations, though it often merely approves.
• The bureaucracy performs the actual drafting of bills with supervision by the minister concerned, substance and timing of the bill decided by the Cabinet.
• Bills can be introduced by members other than ministers too, but have no chance without support of the government.
• The Parliament ensures that the executive does not overstep its authority and remains responsible to the people who have elected them.
• Legislature controls taxation and use of money by government, if the Government of India proposes to introduce any new tax, Lok Sabha approval required.
• Financial powers of the Parliament involve grant of resources to the government to implement its programs, also has power to audit and review spending.
• The legislature makes sure the government does not misspend/overspend through the budget cycle and annual statements.
• Parliament represents the divergent views of members from different regional, social, economic, religious groups of different parts of the country.
• Parliament is the highest forum of debate with no limits, any issue facing nation is open for analysis which constitutes heart of democratic decision making.
• Parliament can discuss and enact changes to the Constitution with both houses having similar constituent powers requiring approval by a special majority.
• Parliament has electoral functions and elects the President and Vice President of India.
• Judicial functions include considering the proposals for removal of President, Vice-President and Judges of High Courts and Supreme Court.

Powers of Rajya Sabha vs Lok Sabha

• Lok Sabha can enact laws on matters included in Union/Concurrent Lists, can introduce money and non money bills.
• Lok Sabha approves proposals for taxation, budgets and annual financial statements, controls the executive by asking questions, resolutions, motions, and through no confidence motions.
• Lok Sabha amends the Constitution, approves proclamation of emergency, elects the President and Vice President.
• Lok Sabha can remove the Judges of Supreme Court and High Court, establishes committees and commissions and considers reports.
• Rajya Sabha considers/approves non money bills/suggests amendments to money bills.
• Rajya Sabha approves constitutional amendments and exercises control over executive by asking questions and introducing motions/resolutions.
• Rajya Sabha participates in Presidential elections and has role in removing supreme court judges and can initiate removal of vice president.
• Rajya Sabha can give the Union parliament power to make laws on matters in the State list.

Special Powers of Rajya Sabha

• An institutional mechanism provides representation to the States.
• Rajya Sabha protects the powers of the States so any matter affecting the States must be referred to it for its consent and approval.
• If the Union Parliament wishes to remove a matter from the State list to the Union/Concurrent List, approval of the Rajya Sabha required.
• Lok Sabha has powers that it alone exercises as it can initiate, reject or amend money bills. The Council of Ministers is responsible to the Lok Sabha and not Rajya Sabha.

How Parliament Makes Laws

• The basic function of legislature is to make laws.
• A bill is a draft of the proposed law.
• A non-minister who proposes a bill is called private member's Bill, a minister proposing a Bill is a Government Bill.
• Before a bill is introduced into law through Parliament political party, interest groups, media and citizens' forums influence action.
• Preparation of a bill involves considerations such as resources to implement the law, support or opposition and the impact that law may have on electoral prospect.
• The Cabinet considers all these before arriving at a decision to enact a law. After approval, drafting begins by concerned ministry.

Stages of passing a Bill

• A bill may be introduced in the Lok Sabha or Rajya Sabha by a member of the House/minister. A money bill can be introduced only in Lok Sabha.
• A lot of discussion on bills takes place in committees.
• The recommendation of the committee is then sent to the House. This is the second stage in the law making process.
• In the third and final stage, the bill is voted upon. If a non-money bill is passed by one House, it is exactly the same in the other house.
• If there is disagreement, resolve it with Joint Session of Parliament and the decision always in favour of the Lok Sabha.
• If it is a money bill, the Rajya Sabha can either approve the bill or suggest changes can’t reject. If not approved, deemed to have been passed.
• When bill is passed by both Houses, it is sent to the President for his/her assent, this approval turns bill into a law.

How does the Parliament Control the Executive?

• In parliamentary democracy, Executive drawn from party in Lok Sabha majority.
• It's difficult for the executive to exercise unlimited power with the support of the majority party.
• Legislature provides accountability at policy making, implementation of law or policy and during and post-implementation.
• Variety of devices are:
  • Deliberation and discussion
  • Approval or Refusal of laws
  • Financial control
  • No confidence motion
• During law making, members can deliberate. Apart from this, control also through discussions in the House. Legislature can demand control:
• The Question Hour held daily, Ministers respond questions raised by the members.
• Zero Hour allows members raise any matter.
• Half-an-hour discussion on matters of public importance, adjournment motion.

Approval and ratification of Laws by executive means

• Parliamentary control also is from power of ratification. Government with disciplined majority may not find difficult.
• Can’t assumed for approval in most cases are the products of intense bargaining and negotiations ruling party.
• Parliament controls through financial budget and annual statements through the budget preparation and presentation is govt’ oversight.

Explore parliamentary procedures and controls including mechanisms for raising urgent matters, influencing policy, the Question Hour, scrutinizing government actions, and the significance of member actions during debates.