Pdf Membership Of Parliament PDF

MEMBERSHIP OF PARLIAMENT Qualifications The Constitution lays down the following qualifications for a person to be chosen a member of the Parliament: 1. He must be a citizen of India. 2. He must make and subscribe to an oath or affirmation before the person authorised by the election com...

MEMBERSHIP OF PARLIAMENT Qualifications The Constitution lays down the following qualifications for a person to be chosen a member of the Parliament: 1. He must be a citizen of India. 2. He must make and subscribe to an oath or affirmation before the person authorised by the election commission for this purpose. In his oath or affirmation, he swears (a) To bear true faith and allegiance to the Constitution of India (b) To uphold the sovereignty and integrity of India 3. He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha. 4. He must posses other qualifications prescribed by Parliament. The Parliament has laid down the following additional qualifications in the Representation of People Act (1951). 1. He must be registered as an elector for a parliamentary constituency. This is same in the case of both, the Rajya Sabha and the Lok Sabha. The requirement that a candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state was dispensed with in 2003. In 2006, the Supreme Court upheld the constitutional validity of this change. 2. He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them. However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them. Disqualifications Under the Constitution, a person shall be disqualified for being elected as a member of Parliament:  1. if he holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament).8 2. if he is of unsound mind and stands so declared by a court. 3. if he is an undischarged insolvent. 4. if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state; and 5. if he is so disqualified under any law made by Parliament. The Parliament has laid down the following additional disqualifications in the Representation of People Act (1951): 1. He must not have been found guilty of certain election offences or corrupt practices in the elections. 2. He must not have been convicted for any offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification. 3. He must not have failed to lodge an account of his election expenses within the time. 4. He must not have any interest in government contracts, works or services. 5. He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share. 6. He must not have been dismissed from government service for corruption or disloyalty to the State. 7. He must not have been convicted for promoting enmity between different groups or for the offence of bribery. 8. He must not have been punished for preaching and practising social crimes such as untouchability, dowry and sati. On the question whether a member is subject to any of the above disqualifications, the president’s decision is final. However, he should obtain the opinion of the election commission and act accordingly. Disqualification on Ground of Defection The Constitution also lays down that a person shall be disqualified from being a member of Parliament if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule. A member incurs disqualification under the defection law: 1. if he voluntary gives up the membership of the political party on whose ticket he is elected to the House; 2. if he votes or abstains from voting in the House contrary to any direction given by his political party; 3. if any independently elected member joins any political party; and 4. if any nominated member joins any political party after the expiry of six months. The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha (and not by the president of India). In 1992, the Supreme Court ruled that the decision of the Chairman/ Speaker in this regard is subject to judicial review. Vacating of Seats In the following cases, a member of Parliament vacates his seat. 1. Double Membership A person cannot be a member of both Houses of Parliament at the same time. Thus, the Representation of People Act (1951) provides for the following: (a) If a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve. In default of such intimation, his seat in the Rajya Sabha becomes vacant. (b) If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant. (c) If a person is elected to two seats in a House, he should exercise his option for one. Otherwise, both seats become vacant. Similarly, a person cannot be a member of both the Parliament and the state legislature at the same time. If a person is so elected, his seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days9. 2. Disqualification If a member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his seat becomes vacant. Here, the list of disqualifications also include the disqualification on the grounds of defection under the provisions of the Tenth Schedule of the Constitution. 3. Resignation A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha, as the case may be. The seat falls vacant when the resignation is accepted. However, the Chairman/ Speaker may not accept the resignation if he is satisfied that it is not voluntary or genuine. 4. Absence A House can declare the seat of a member vacant if he is absent from all its meetings for a period of sixty days without its permission. In computing the period of sixty days, no account shall be taken of any period during which the House is prorogued or adjourned for more than four consecutive days. 5. Other cases A member has to vacate his seat in the Parliament: (a) if his election is declared void by the court; (b) if he is expelled by the House; (c) if he is elected to the office of President or Vice-President; and (d) if he is appointed to the office of governor of a state. If a disqualified person is elected to the Parliament, the Constitution lays down no procedure to declare the election void. This matter is dealt by the Representation of the People Act (1951), which enables the high court to declare an election void if a disqualified candidate is elected. The aggrieved party can appeal to the Supreme Court against the order of the high court in this regard. Oath or Affirmation Every member of either House of Parliament, before taking his seat in the House, has to make and subscribe to an oath or affirmation before the President or some person appointed by him for this purpose. In his oath or affirmation, a member of Parliament swears: 1. to bear true faith and allegiance to the Constitution of India; 2. to uphold the sovereignty and integrity of India; and 3. to faithfully discharge the duty upon which he is about to enter. Unless a member takes the oath, he cannot vote and participate in the proceedings of the House and does not become eligible to parliamentary privileges and immunities. A person is liable to a penalty of ₹500 for each day he sits or votes as a member in a House in the following conditions: 1. Before taking and subscribing to the prescribed oath or affirmation; or 2. When he knows that he is not qualified or that he is disqualified for its membership; or 3. When he knows that he is prohibited from sitting or voting in the House by virtue of any parliamentary law. Salaries and Allowances Members of either House of Parliament are entitled to receive such salaries and allowances as may be determined by Parliament, and there is no provision of pension in the Constitution. However, Parliament has provided pension to the members. In 1954, the Parliament enacted the Salaries, Allowances and Pension of Members of Parliament Act. In 2018, the salary of members was increased from ₹50,000 to ₹1,00,000 per month, the constituency allowance from ₹45,000 to ₹70,000 per month and the office expenses allowance from ₹45,000 to ₹60,000 per month. Earlier in 2010, the daily allowance was increased from ₹1,000 to ₹2,000 for each day of residence on duty. From 1976, the members are also entitled to a pension on a graduated scale for each five-year-term as members of either House of Parliament. Besides, they are provided with travelling facilities, free accommodation, telephone, vehicle advance, medical facilities and so on. The salaries and allowances of the Speaker and Deputy Speaker of Lok Sabha and the Chairman and Deputy Chairman of Rajya Sabha are also determined by Parliament. They are charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament. In 1953, the Parliament enacted the Salaries and Allowances of Officers of Parliament Act. Under this Act, “Officer of Parliament” means any of the following officers, namely, the Chairman and Deputy Chairman of the Rajya Sabha and the Speaker and the Deputy Speaker of the Lok Sabha. In 2018, the Parliament increased the salary of the Chairman of the Rajya Sabha from ₹1.25 lakh to ₹4 lakh per month9a. Similarly, other Officers of Parliament (i.e., the Speaker and the Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha) are entitled to receive a salary per month at the same rates as are payable to the Members of Parliament.9b Further, each Officer of Parliament (other than the Chairman of the Rajya Sabha) is entitled to receive a daily allowance (for each day during the whole of his term) at the same rate as is payable to the Members of Parliament.9c Also, each Officer of Parliament (other than the Chairman of the Rajya Sabha) is entitled to receive a constituency allowance at the same rate as is payable to the Members of Parliament.9d According to the same Act, the sumptuary allowance is paid to the Speaker of the Lok Sabha at the same rate as is payable to a Cabinet Minister9e (i.e., ₹2,000 per month). Likewise, the sumptuary allowance is paid to the Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha at the same rate as is payable to a Minister of State9f (i.e., ₹1000 per month).  PRESIDING OFFICERS OF PARLIAMENT Each House of Parliament has its own presiding officer. There is a Speaker and a Deputy Speaker for the Lok Sabha and a Chairman and a Deputy Chairman for the Rajya Sabha. A panel of chairpersons for the Lok Sabha and a panel of vice-chairpersons for the Rajya Sabha is also appointed. Speaker of Lok Sabha Election and Tenure The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, after its first sitting). Whenever the office of the Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy. The date of election of the Speaker is fixed by the President. Usually, the Speaker remains in office during the life of the Lok Sabha. However, he has to vacate his office earlier in any of the following three cases: 1. if he ceases to be a member of the Lok Sabha; 2. if he resigns by writing to the Deputy Speaker; and 3. if he is removed by a resolution passed by a majority of all then members of the Lok Sabha. Such a resolution can be moved only after giving 14 days’ advance notice. When a resolution for the removal of the Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present. However, he can speak and take part in the proceedings of the House at such a time and vote in the first instance, though not in the case of an equality of votes. It should be noted here that, whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets. Role, Powers and Functions The Speaker is the head of the Lok Sabha, and its representative. He is the guardian of powers and privileges of the members, the House as a whole and its committees. He is the principal spokesman of the House, and his decision in all Parliamentary matters is final. He is thus much more than merely the presiding officer of the Lok Sabha. In these capacities, he is vested with vast, varied and vital responsibilities and enjoys great honour, high dignity and supreme authority within the House. The Speaker of the Lok Sabha derives his powers and duties from three sources, that is, the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha, and Parliamentary Conventions (residuary powers that are unwritten or unspecified in the Rules). Altogether, he has the following powers and duties: 1. He maintains order and decorum in the House for conducting its business and regulating its proceedings. This is his primary responsibility and he has final power in this regard. 2. He is the final interpreter of the provisions of (a) the Constitution of India, (b) the Rules of Procedure and Conduct of Business of Lok Sabha, and (c) the parliamentary precedents, within the House. 3. He adjourns the House or suspends the meeting in absence of a quorum. The quorum to constitute a meeting of the House is one-tenth of the total strength of the House. 4. He does not vote in the first instance. But he can exercise a casting vote in the case of a tie. In other words, only when the House is divided equally on any question, the Speaker is entitled to vote. Such vote is called casting vote, and its purpose is to resolve a deadlock. 5. He presides over a joint setting of the two Houses of Parliament. Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill. 6. He can allow a ‘secret’ sitting of the House at the request of the Leader of the House. When the House sits in secret, no stranger can be present in the chamber, lobby or galleries except with the permission of the Speaker. 7. He decides whether a bill is a money bill or not and his decision on this question is final. When a money bill is transmitted to the Rajya Sabha for recommendation and  presented to the President for assent, the Speaker endorses on the bill his certificate that it is a money bill. 8. He decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of defection under the provisions of the Tenth Schedule. In 1992, the Supreme Court ruled that the decision of the Speaker in this regard is subject to judicial review10. 9. He acts as the ex-officio chairman of the Indian Parliamentary Group which is a link between the Parliament of India and the various parliaments of the world. He also acts as the ex-officio chairman of the conference of presiding officers of legislative bodies in the country. 10. He appoints the chairman of all the parliamentary committees of the Lok Sabha and supervises their functioning. He himself is the chairman of the Business Advisory Committee, the Rules Committee and the General Purpose Committee. Independence and Impartiality As the office of the Speaker is vested with great prestige, position and authority, independence and impartiality becomes its sine qua non11. The following provisions ensure the independence and impartiality of the office of the Speaker: 1. He is provided with a security of tenure. He can be removed only by a resolution passed by the Lok Sabha by a special majority (ie, a majority of all the then members of the House) and not by an ordinary majority (ie, a majority of the members present and voting in the House). This motion of removal can be considered and discussed only when it has the support of at least 50 members. 2. His salaries and allowances are fixed by Parliament. They are charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament. 3. His work and conduct cannot be discussed and criticised in the Lok Sabha except on a substantive motion. 4. His powers of regulating procedure or conducting business or maintaining order in the House are not subject to the  jurisdiction of any Court. 5. He cannot vote in the first instance. He can only exercise a casting vote in the event of a tie. This makes the position of Speaker impartial. 6. He is given a very high position in the order of precedence. He is placed at seventh rank, along with the Chief Justice of India. This means, he has a higher rank than all cabinet ministers, except the Prime Minister or Deputy Prime Minister. In Britain, the Speaker is strictly a nonparty man. There is a convention that the Speaker has to resign from his party and remain politically neutral. This healthy convention is not fully established in India where the Speaker does not resign from the membership of his party on his election to the exalted office. Deputy Speaker of Lok Sabha Like the Speaker, the Deputy Speaker is also elected by the Lok Sabha itself from amongst its members. He is elected after the election of the Speaker has taken place. The date of election of the Deputy Speaker is fixed by the Speaker. Whenever the office of the Deputy Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy. Like the Speaker, the Deputy Speaker remains in office usually during the life of the Lok Sabha. However, he may vacate his office earlier in any of the following three cases: 1. if he ceases to be a member of the Lok Sabha; 2. if he resigns by writing to the Speaker; and 3. if he is removed by a resolution passed by a majority of all the then members of the Lok Sabha. Such a resolution can be moved only after giving 14 days’ advance notice. The Deputy Speaker performs the duties of the Speaker’s office when it is vacant. He also acts as the Speaker when the latter is absent from the sitting of the House. In both the cases, he assumes all the powers of the Speaker. He also presides over the joint sitting of both the Houses of Parliament, in case the Speaker is absent from such a sitting. It should be noted here that the Deputy Speaker is not subordinate to the Speaker. He is directly responsible to the House. The Deputy Speaker has one special privilege, that is, whenever he is appointed as a member of a parliamentary committee, he automatically becomes its chairman. Like the Speaker, the Deputy Speaker, while presiding over the House, cannot vote in the first instance; he can only exercise a casting vote in the case of a tie. Further, when a resolution for the removal of the Deputy Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present. When the Speaker presides over the House, the Deputy Speaker is like any other ordinary member of the House. He can speak in the House, participate in its proceedings and vote on any question before the House. The Deputy Speaker is entitled to a regular salary and allowance fixed by Parliament, and charged on the Consolidated Fund of India. Upto the 10th Lok Sabha, both the Speaker and the Deputy Speaker were usually from the ruling party. Since the 11th Lok Sabha, there has been a consensus that the Speaker comes from the ruling party (or ruling alliance) and the post of Deputy Speaker goes to the main opposition party. The Speaker and the Deputy Speaker, while assuming their offices, do not make and subscribe any separate oath or affirmation. The institutions of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the Government of India Act of 1919 (Montague-Chelmsford Reforms). At that time, the Speaker and the Deputy Speaker were called the President and Deputy President respectively and the same nomenclature continued till 1947. Before 1921, the Governor-General of India used to preside over the meetings of the Central Legislative Council. In 1921, the Frederick Whyte and Sachidanand Sinha were appointed by the Governor-General of India as the first Speaker and the first Deputy Speaker (respectively) of the central legislative assembly. In 1925, Vithalbhai J. Patel became the first Indian and the first elected Speaker of the central legislative assembly. The Government of India Act of 1935 changed the nomenclatures of President and Deputy President of the Central Legislative Assembly to the Speaker and Deputy Speaker respectively. However, the old nomenclature continued till 1947 as the federal part of the 1935 Act was not implemented. G.V. Mavalankar and Ananthasayanam Ayyangar had the distinction of being the first Speaker and the first Deputy Speaker (respectively) of the Lok Sabha. G.V. Mavalankar also held the post of Speaker in the Constituent Assembly (Legislative) as well as the provisional Parliament. He held the post of Speaker of Lok Sabha continuously for one decade from 1946 to 1956. Panel of Chairpersons of Lok Sabha Under the Rules of Lok Sabha, the Speaker nominates from amongst the members a panel of not more than ten chairpersons. Any of them can preside over the House in the absence of the Speaker or the Deputy Speaker. He has the same powers as the Speaker when so presiding. He holds office until a new panel of chairpersons is nominated. When a member of the panel of chairpersons is also not present, any other person as determined by House acts as the Speaker. It must be emphasised here that a member of the panel of chairpersons cannot preside over the House, when the office of the Speaker or the Deputy Speaker is vacant. During such time, the Speaker’s duties are to be performed by such member of the House as the President may appoint for the purpose. The elections are held, as soon as possible, to fill the vacant posts. Speaker Pro Tem As provided by the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha. Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro Tem. Usually, the seniormost member is selected for this. The President himself administers oath to the Speaker Pro Tem. The Speaker Pro Tem has all the powers of the Speaker. He presides over the first sitting of the newly-elected Lok Sabha. His main duty is to administer oath to the new members. He also enables the House to elect the new Speaker. When the new Speaker is elected by the House, the office of the Speaker Pro Tem ceases to exist. Hence, this office is a temporary office, existing for a few days12. Chairman of Rajya Sabha The presiding officer of the Rajya Sabha is known as the Chairman. The vice-president of India is the ex-officio Chairman of the Rajya Sabha. During any period when the VicePresident acts as President or discharges the functions of the President, he does not perform the duties of the office of the Chairman of Rajya Sabha. The Chairman of the Rajya Sabha can be removed from his office only if he is removed from the office of the Vice-President. As a presiding officer, the powers and functions of the Chairman in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha. However, the Speaker has two special powers which are not enjoyed by the Chairman: 1. The Speaker decides whether a bill is a money bill or not and his decision on this question is final. 2. The Speaker presides over a joint sitting of two Houses of Parliament. Unlike the Speaker (who is a member of the House), the Chairman is not a member of the House. But like the Speaker, the Chairman also cannot vote in the first instance. He too can cast a vote in the case of an equality of votes. The Vice-President cannot preside over a sitting of the Rajya Sabha as its Chairman when a resolution for his removal is under consideration. However, he can be present and speak in the House and can take part in its proceedings, without voting, even at such a time (while the Speaker can vote in the first instance when a resolution for his removal is under consideration of the Lok Sabha). As in case of the Speaker, the salaries and allowances of the Chairman are also fixed by the Parliament. They are charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament.  During any period when the Vice-President acts as President or discharges the functions of the President, he is not entitled to any salary or allowance payable to the Chairman of the Rajya Sabha. But he is paid the salary and allowance of the President during such a time. Deputy Chairman of Rajya Sabha The Deputy Chairman is elected by the Rajya Sabha itself from amongst its members. Whenever the office of the Deputy Chairman falls vacant, the Rajya Sabha elects another member to fill the vacancy. The Deputy Chairman vacates his office in any of the following three cases: 1. if he ceases to be a member of the Rajya Sabha; 2. if he resigns by writing to the Chairman; and 3. if he is removed by a resolution passed by a majority of all the then members of the Rajya Sabha. Such a resolution can be moved only after giving 14 days’ advance notice. The Deputy Chairman performs the duties of the Chairman’s office when it is vacant or when the Vice-President acts as President or discharges the functions of the President. He also acts as the Chairman when the latter is absent from the sitting of the House. In both the cases, he has all the powers of the Chairman. It should be emphasised here that the Deputy Chairman is not subordinate to the Chairman. He is directly responsible to the Rajya Sabha. Like the Chairman, the Deputy Chairman, while presiding over the House, cannot vote in the first instance; he can only exercise a casting vote in the case of a tie. Further, when a resolution for the removal of the Deputy Chairman is under consideration of the House, he cannot preside over a sitting of the House, though he may be present. When the Chairman presides over the House, the Deputy Chairman is like any other ordinary member of the House. He can speak in the House, participate in its proceedings and vote on any question before the House.  Like the Chairman, the Deputy Chairman is also entitled to a regular salary and allowance. They are fixed by Parliament and are charged on the Consolidated Fund of India. Panel of Vice-Chairpersons of Rajya Sabha Under the Rules of Rajya Sabha, the Chairman nominates from amongst the members a panel of vice-chairpersons. Any one of them can preside over the House in the absence of the Chairman or the Deputy Chairman. He has the same powers as the Chairman when so presiding. He holds office until a new panel of vice-chairpersons is nominated. When a member of the panel of vicechairpersons is also not present, any other person as determined by the House acts as the Chairman. It must be emphasised here that a member of the panel of vice- chairpersons cannot preside over the House, when the office of the Chairman or the Deputy Chairman is vacant. During such time, the Chairman’s duties are to be performed by such member of the House as the president may appoint for the purpose. The elections are held, as soon as possible, to fill the vacant posts. Secretariat of Parliament Each House of Parliament has separate secretarial staff of its own, though there can be some posts common to both the Houses. Their recruitment and service conditions are regulated by Parliament. The secretariat of each House is headed by a secretary-general. He is a permanent officer and is appointed by the presiding officer of the House.  LEADERS IN PARLIAMENT Leader of the House Under the Rules of Lok Sabha, the ‘Leader of the House’ means the prime minister, if he is a member of the Lok Sabha, or a minister who is a member of the Lok Sabha and is nominated by the prime minister to function as the Leader of the House. There is also a ‘Leader of the House’ in the Rajya Sabha. He is a minister and a member of the Rajya Sabha and is nominated by the prime minister to function as such. The leader of the house in either House is an important functionary and exercises direct influence on the conduct of business. He can also nominate a deputy leader of the House. The same functionary in USA is known as the ‘majority leader’. Leader of the Opposition In each House of Parliament, there is the ‘Leader of the Opposition’. The leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House is recognised as the leader of the Opposition in that House. In a parliamentary system of government, the leader of the opposition has a significant role to play. His main functions are to provide a constructive criticism of the policies of the government and to provide an alternative government. Therefore, the leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977. They are also entitled to the salary, allowances and other facilities equivalent to that of a cabinet minister. It was in 1969 that an official leader of the opposition was recognised for the first time. The same functionary in USA is known as the ‘minority leader’. The British political system has an unique institution called the ‘Shadow Cabinet’. It is formed by the Opposition party to balance the ruling cabinet and to prepare its members for future ministerial offices. In this shadow cabinet, almost every member in the ruling cabinet is ‘shadowed’ by a corresponding member in the opposition cabinet. This shadow cabinet serves as the ‘alternate cabinet’ if there is change of government. That is why Ivor Jennings described the leader of Opposition as the ‘alternative Prime Minister’. He enjoys the status of a minister and is paid by the government. Whip Though the offices of the leader of the House and the leader of the Opposition are not mentioned in the Constitution of India, they are mentioned in the Rules of the House and Parliamentary Statute respectively. The office of ‘whip’, on the other hand, is mentioned neither in the Constitution of India nor in the Rules of the House nor in a Parliamentary Statute. It is based on the conventions of the parliamentary government. Every political party, whether ruling or Opposition has its own whip in the Parliament. He is appointed by the political party to serve as an assistant floor leader. He is charged with the responsibility of ensuring the attendance of his party members in large numbers and securing their support in favour of or against a particular issue. He regulates and monitors their behaviour in the Parliament. The members are supposed to follow the directives given by the whip. Otherwise, disciplinary action can be taken.  SESSIONS OF PARLIAMENT Summoning The president from time to time summons each House of Parliament to meet. But, the maximum gap between two sessions of Parliament cannot be more than six months. In other words, the Parliament should meet at least twice ayear. There are usually three sessions in a year, viz, 1. the Budget Session (February to May); 2. the Monsoon Session (July to September); and 3. the Winter Session (November to December). A ‘session’ of Parliament is the period spanning between the first sitting of a House and its prorogation (or dissolution in the case of the Lok Sabha). During a session, the House meets everyday to transact business. The period spanning between the prorogation of a House and its reassembly in a new session is called ‘recess’. Adjournment A session of Parliament consists of many meetings. Each meeting of a day consists of two sittings, that is, a morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm. A sitting of Parliament can be terminated by adjournment or adjournment sine die or prorogation or dissolution (in the case of the Lok Sabha). An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks. Adjournment Sine Die Adjournment sine die means terminating a sitting of Parliament for an indefinite period. In other words, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die. The power of adjournment as well as adjournment sine die lies with the presiding officer of the House. He can also call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die. Prorogation The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of a session is completed. Within the next few days, the President issues a notification for prorogation of the session. However, the President can also prorogue the House while in session. The specific differences between adjournment and prorogation are summarised in Table 22.1. Dissolution Rajya Sabha, being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject to dissolution. Unlike a prorogation, a dissolution ends the very life of the existing House, and a new House is constituted after general elections are held. The dissolution of the Lok Sabha may take place in either of two ways: 1. Automatic dissolution, that is, on the expiry of its tenure of five years or the terms as extended during a national emergency; or 2. Whenever the President decides to dissolve the House, which he is authorised to do. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable. When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions and so on pending before it or its committees lapse. They (to be pursued further) must be reintroduced in the newly-constituted Lok Sabha. However, some pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not lapse on the dissolution of the Lok Sabha. The position with respect to lapsing of bills is as follows: 1. A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha).  2. A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses. 3. A bill not passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse. 4. A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse. 5. A bill passed by both Houses but pending assent of the president does not lapse. 6. A bill passed by both Houses but returned by the president for reconsideration of Houses does not lapse. Table 22.1 Adjournment vs Prorogation Adjournment Prorogation 1. It only terminates a sitting 1. It not only terminates a and not a session of the sitting but also a session of House. the House. 2. It is done by presiding 2. It is done by the president of officer of the House. India. 3. It does not affect the bills or 3. It also does not affect the any other business pending bills or any other business before the House and the pending before the House.13 same can be resumed when However, all pending the House meets again. notices (other than those for introducing bills) lapse on prorogation and fresh notices have to be given for the next session. In Britain, prorogation brings to an end all bills or any other business pending before the House. Quorum Quorum is the minimum number of members required to be present in the House before it can transact any business. It is one- tenth of the total number of members in each House including the presiding officer. It means that there must be at least 55 members present in the Lok Sabha and 25 members present in the Rajya Sabha, if any business is to be conducted. If there is no quorum during a meeting of the House, it is the duty of the presiding officer either to adjourn the House or to suspend the meeting until there is a quorum. Voting in House All matters at any sitting of either House or joint sitting of both the Houses are decided by a majority of votes of the members present and voting, excluding the presiding officer. Only a few matters, which are specifically mentioned in the Constitution like impeachment of the President, amendment of the Constitution, removal of the presiding officers of the Parliament and so on, require special majority, not ordinary majority. The presiding officer of a House does not vote in the first instance, but exercises a casting vote in the case of an equality of votes. The proceedings of a House are to be valid irrespective of any unauthorised voting or participation or any vacancy in its membership. The following points can be noted with respect to the voting procedure in the Lok Sabha: 1. On the conclusion of a debate, the Speaker shall put the question and invite those who are in favour of the motion to say ‘Aye’ and those against the motion to say ‘No’. 2. The Speaker shall then say: ‘I think the Ayes (or the Noes, as the case may be) have it.’ If the opinion of the Speaker as to the decision of a question is not challenged, he shall say twice: The Ayes (or the Noes, as the case may be) have it’ and the question before the House shall be determined accordingly. 3. (a) If the opinion of the Speaker as to the decision of a question is challenged, he shall order that the Lobby be cleared. (b) After the lapse of three minutes and thirty seconds, he shall put the question a second time and declare whether in his opinion the ‘Ayes’ or the ‘Noes’ have it.  (c) If the opinion so declared is again challenged, he shall direct that the votes be recorded either by operating the automatic vote recorder or by using ‘Aye’ and ‘No’ Slips in the House or by the Members going into the Lobbies. 4. If in the opinion of the Speaker, the Division is unnecessarily claimed, he may ask the members who are for ‘Aye’ and those for ‘No’ respectively to rise in their places and, on a count being taken, he may declare the determination of the House. In such a case, the names of the voters shall not be recorded. Language in Parliament The Constitution has declared Hindi and English to be the languages for transacting business in the Parliament. However, the presiding officer can permit a member to address the House in his mother-tongue. In both the Houses, arrangements are made for simultaneous translation. Though English was to be discontinued as a floor language after the expiration of fifteen years from the commencement of the Constitution (that is, in 1965), the Official Languages Act (1963) allowed English to be continued along with Hindi. Rights of Ministers and Attorney General In addition to the members of a House, every minister and the attorney general of India have the right to speak and take part in the proceedings of either House, any joint sitting of both the Houses and any committee of Parliament of which he is a member, without being entitled to vote. There are two reasons underlying this constitutional provision: 1. A minister can participate in the proceedings of a House, of which he is not a member. In other words, a minister belonging to the Lok Sabha can participate in the proceedings of the Rajya Sabha and vice-versa. 2. A minister, who is not a member of either House, can participate in the proceedings of both the Houses. It should be noted here that a person can remain a minister for six  months, without being a member of either House of Parliament. Lame-duck Session It refers to the last session of the existing Lok Sabha, after a new Lok Sabha has been elected. Those members of the existing Lok Sabha who could not get re-elected to the new Lok Sabha are called lame-ducks.  DEVICES OF PARLIAMENTARY PROCEEDINGS Question Hour The first hour of every parliamentary sitting is slotted for this. During this time, the members ask questions and the ministers usually give answers. The questions are of three kinds, namely, starred, unstarred and short notice. A starred question (distinguished by an asterisk) requires an oral answer and hence supplementary questions can follow. An unstarred question, on the other hand, requires a written answer and hence, supplementary questions cannot follow. A short notice question is one that is asked by giving a notice of less than ten days. It is answered orally. In addition to the ministers, the questions can also be asked to the private members. Thus, a question may be addressed to a private member if the subject matter of the question relates to some Bill, resolution or other matter connected with the business of the House for which that member is responsible. The procedure in regard to such question is the same as that followed in the case of questions addressed to a minister. The list of starred, unstarred, short notice questions and questions to private members are printed in green, white, light pink and yellow colour, respectively, to distinguish them from one another. Zero Hour Unlike the question hour, the zero hour is not mentioned in the Rules of Procedure. Thus it is an informal device available to the members of the Parliament to raise matters without any prior notice. The zero hour starts immediately after the question hour and lasts until the agenda for the day (ie, regular business of the House) is taken up. In other words, the time gap between the question hour and the agenda is known as zero hour. It is an Indian innovation in the field of parliamentary procedures and has been in existence since 1962. Motions No discussion on a matter of general public importance can take place except on a motion made with the consent of the presiding officer. The House expresses its decisions or opinions on various issues through the adoption or rejection of motions moved by either ministers or private members. The motions moved by the members to raise discussions on various matters fall into three principal categories:14 1. Substantive Motion: It is a self-contained independent proposal dealing with a very important matter like impeachment of the President or removal of Chief Election Commissioner. 2. Substitute Motion: It is a motion that is moved in substitution of an original motion and proposes an alternative to it. If adopted by the House, it supersedes the original motion. 3. Subsidiary Motion: It is a motion that, by itself, has no meaning and cannot state the decision of the House without reference to the original motion or proceedings of the House. It is divided into three sub-categories: (a) Ancillary Motion: It is used as the regular way of proceeding with various kinds of business. (b) Superseding Motion: It is moved in the course of debate on another issue and seeks to supersede that issue. (c) Amendment: It seeks to modify or substitute only a part of the original motion. Closure Motion It is a motion moved by a member to cut short the debate on a matter before the House. If the motion is approved by the House, debate is stopped forthwith and the matter is put to vote. There are four kinds of closure motions15 : (a) Simple Closure: It is one when a member moves that the ‘matter having been sufficiently discussed be now put to vote’. (b) Closure by Compartments: In this case, the clauses of a bill or a lengthy resolution are grouped into parts before the commencement of the debate. The debate covers the part as a whole and the entire part is put to vote.  (c) Kangaroo Closure: Under this type, only important clauses are taken up for debate and voting and the intervening clauses are skipped over and taken as passed. (d) Guillotine Closure: It is one when the undiscussed clauses of a bill or a resolution are also put to vote along with the discussed ones due to want of time (as the time allotted for the discussion is over). Privilege Motion It is concerned with the breach of parliamentary privileges by a minister. It is moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts. Its purpose is to censure the concerned minister. Calling Attention Motion It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter. Like the zero hour, it is also an Indian innovation in the parliamentary procedure and has been in existence since 1954. However, unlike the zero hour, it is mentioned in the Rules of Procedure. Adjournment Motion It is introduced in the Parliament to draw attention of the House to a definite matter of urgent public importance, and needs the support of 50 members to be admitted. As it interrupts the normal business of the House, it is regarded as an extraordinary device. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device. The discussion on an adjournment motion should last for not less than two hours and thirty minutes. The right to move a motion for an adjournment of the business of the House is subject to the following restrictions: 1. It should raise a matter which is definite, factual, urgent and of public importance; 2. It should not cover more than one matter;  3. It should be restricted to a specific matter of recent occurrence and should not be framed in general terms; 4. It should not raise a question of privilege; 5. It should not revive discussion on a matter that has been discussed in the same session; 6. It should not deal with any matter that is under adjudication by court; and 7. It should not raise any question that can be raised on a distinct motion. No-Confidence Motion Article 75 of the Constitution says that the council of ministers shall be collectively responsible to the Lok Sabha. It means that the ministry stays in office so long as it enjoys confidence of the majority of the members of the Lok Sabha. In other words, the Lok Sabha can remove the ministry from office by passing a no- confidence motion. The motion needs the support of 50 members to be admitted. Confidence Motion The motion of confidence has come up as a new procedural device to cope with the emerging situations of fractured mandates resulting in hung parliament, minority governments and coalition governments. The governments formed with wafer-thin majority have been called upon by the President to prove their majority on the floor of the House. The government of the day, sometimes, on its own, seeks to prove its majority by moving a motion of confidence and winning the confidence of the House. If the confidence motion is negatived, it results in the fall of the government15a. Censure Motion A censure motion is different from a no-confidence motion as shown in Table 22.2. Motion of Thanks The first session after each general election and the first session of every fiscal year is addressed by the president. In this address, the president outlines the policies and programmes of the government in the preceding year and ensuing year. This address of the president, which corresponds to the ‘speech from the Throne in Britain’, is discussed in both the Houses of Parliament on a motion called the ‘Motion of Thanks’. At the end of the discussion, the motion is put to vote. This motion must be passed in the House. Otherwise, it amounts to the defeat of the government. This inaugural speech of the president is an occasion available to the members of Parliament to raise discussions and debates to examine and criticise the government and administration for its lapses and failures. No-Day-Yet-Named Motion It is a motion that has been admitted by the Speaker but no date has been fixed for its discussion. The Speaker, after considering the state of business in the House and in consultation with the leader of the House or on the recommendation of the Business Advisory Committee, allots a day or days or part of a day for the discussion of such a motion. Dilatory Motion It is a motion for the adjournment of the debate on a bill / motion / resolution etc. or a motion to retard or delay the progress of a business under consideration of the House. It can be moved by a member at any time after a motion has been made. The debate on a dilatory motion must be restricted to the matter contained in such motion. If the Speaker is of the opinion that such a motion is an abuse of the rules of the House, he may either forthwith put the question thereon or decline to propose the question. Point of Order A member can raise a point of order when the proceedings of the House do not follow the normal rules of procedure. A point of order should relate to the interpretation or enforcement of the Rules of the House or such articles of the Constitution that regulate the business of the House and should raise a question that is within the cognizance of the Speaker. It is usually raised by an opposition member in order to control the government. It is an extraordinary device as it suspends the proceedings before the House. No debate is allowed on a point of order. Table 22.2 Censure Motion vs No Confidence Motion Censure Motion No-Confidence Motion 1. It should state the reasons 1. It need not state the for its adoption in the Lok reasons for its adoption in Sabha. the Lok Sabha. 2. It can be moved against an 2. It can be moved against the individual minister or a entire council of ministers group of ministers or the only. entire council of ministers. 3. It is moved for censuring 3. It is moved for ascertaining the council of ministers for the confidence of Lok specific policies and Sabha in the council of actions. ministers. 4. If it is passed in the Lok 4. If it is passed in the Lok Sabha, the council of Sabha, the council of ministers need not resign ministers must resign from from the office. office. Half-an-Hour Discussion It is meant for discussing a matter of sufficient public importance, which has been subjected to a lot of debate and the answer to which needs elucidation on a matter of fact. The Speaker can allot three days in a week for such discussions. There is no formal motion or voting before the House. Short Duration Discussion It is also known as two-hour discussion as the time allotted for such a discussion should not exceed two hours. The members of the Parliament can raise such discussions on a matter of urgent public importance. The Speaker can allot two days in a week for such discussions. There is neither a formal motion before the house nor voting. This device has been in existence since 1953. Special Mention A matter which is not a point of order or which cannot be raised during question hour, half-an hour discussion, short duration discussion or under adjournment motion, calling attention notice or under any rule of the House can be raised under the special mention in the Rajya Sabha. Its equivalent procedural device in the Lok Sabha is known as ‘Notice (Mention) Under Rule 377’. Resolutions The members can move resolutions to draw the attention of the House or the government to matters of general public interest. The discussion on a resolution is strictly relevant to and within the scope of the resolution. A member who has moved a resolution or amendment to a resolution cannot withdraw the same except by leave of the House. Resolutions are classified into three categories:16 1. Private Member’s Resolution: It is one that is moved by a private member (other than a minister). It is discussed only on alternate Fridays and in the afternoon sitting. 2. Government Resolution: It is one that is moved by a minister. It can be taken up any day from Monday to Thursday. 3. Statutory Resolution: It can be moved either by a private member or a minister. It is so called because it is always tabled in pursuance of a provision in the Constitution or an Act of Parliament. Resolutions are different from motions in the following respects: “All resolutions come in the category of substantive motions, that is to say, every resolution is a particular type of motion. All motions need not necessarily be substantive. Further, all motions are not necessarily put to vote of the House, whereas all the resolutions are required to be voted upon.”17 Youth Parliament The scheme of Youth Parliament was started on the recommendation of the Fourth All India Whips Conference. Its objectives are: 1. to acquaint the younger generations with practices and procedures of Parliament; 2. to imbibe the spirit of discipline and tolerance cultivating character in the minds of youth; and 3. to inculcate in the student community the basic values of democracy and to enable them to acquire a proper perspective on the functioning of democratic institutions. The ministry of parliamentary affairs provides necessary training and encouragement to the states in introducing the scheme.  LEGISLATIVE PROCEDURE IN PARLIAMENT The legislative procedure is identical in both the Houses of Parliament. Every bill has to pass through the same stages in each House. A bill is a proposal for legislation and it becomes an act or law when duly enacted. Bills introduced in the Parliament are of two kinds: public bills and private bills (also known as government bills and private members’ bills respectively). Though both are governed by the same general procedure and pass through the same stages in the House, they differ in various respects as shown in Table 22.3. The bills introduced in the Parliament can also be classified into four categories: 1. Ordinary bills, which are concerned with any matter other than financial subjects. 2. Money bills, which are concerned with the financial matters like taxation, public expenditure, etc. 3. Financial bills, which are also concerned with financial matters (but are different from money bills). 4. Constitution amendment bills, which are concerned with the amendment of the provisions of the Constitution. The Constitution has laid down separate procedures for the enactment of all the four types of bills. The procedures with regard to ordinary bills, money bills and financial bills are explained here. The procedure with regard to Constitution amendment bills is explained in detail in Chapter 10. Ordinary Bills Every ordinary bill has to pass through the following five stages in the Parliament before it finds a place on the Statute Book: 1. First Reading An ordinary bill can be introduced in either House of Parliament. Such a bill can be introduced either by a minister or by any other member. The member who wants to introduce the bill has to ask for the leave of the House. When the House grants leave to introduce the bill, the mover of the bill introduces it by reading its title and objectives. No discussion on the bill takes place at this stage. Later, the bill is published in the Gazette of India. If a bill is published in the Gazette before its introduction, leave of the House to introduce the bill is not necessary.18 The introduction of the bill and its publication in the Gazette constitute the first reading of the bill. Table 22.3 Public Bill vs Private Bill Public Bill Private Bill 1. It is introduced in the 1. It is introduced by any Parliament by a minister. member of Parliament other than a minister. 2. It reflects of the policies of 2. It reflects the stand of the government (ruling opposition party on public party). matter. 3. It has greater chance to be 3. It has lesser chance to be approved by the Parliament. approved by the Parliament. 4. Its rejection by the House 4. Its rejection by the House amounts to the expression has no implication on the of want of parliamentary parliamentary confidence in confidence in the the government or its government and may lead resignation. to its resignation. 5. Its introduction in the House 5. Its introduction in the House requires seven days’ notice. requires one month’s notice. 6. It is drafted by the 6. Its drafting is the concerned department in responsibility of the member consultation with the law concerned. department. 2. Second Reading During this stage, the bill receives not only the general but also the detailed scrutiny and assumes its final shape. Hence, it forms the most important stage in the enactment of a bill. In fact, this stage involves three more sub-stages, namely, stage of general discussion, committee stage and consideration stage. (a) Stage of General Discussion The printed copies of the bill are distributed to all the members. The principles of the bill and its provisions are discussed generally, but the details of the bill are not discussed. At this stage, the House can take any one of the following four actions: (i) It may take the bill into consideration immediately or on some other fixed date; (ii) It may refer the bill to a select committee of the House; (iii) It may refer the bill to a joint committee of the two Houses; and (iv) It may circulate the bill to elicit public opinion. A Select Committee consists of members of the House where the bill has originated and a joint committee consists of members of both the Houses of Parliament. (b) Committee Stage The usual practice is to refer the bill to a select committee of the House. This committee examines the bill thoroughly and in detail, clause by clause. It can also amend its provisions, but without altering the principles underlying it. After completing the scrutiny and discussion, the committee reports the bill back to the House. (c) Consideration Stage The House, after receiving the bill from the select committee, considers the provisions of the bill clause by clause. Each clause is discussed and voted upon separately. The members can also move amendments and if accepted, they become part of the bill. 3. Third Reading At this stage, the debate is confined to the acceptance or rejection of the bill as a whole and no amendments are allowed, as the general principles underlying the bill have already been scrutinised during the stage of second reading. If the majority of members present and voting accept the bill, the bill is regarded as passed by the House. Thereafter, the bill is authenticated by the presiding officer of the House and transmitted to the second House for consideration and approval. A bill is deemed to have been passed by the Parliament only when both the Houses have agreed to it, either with or without amendments. 4. Bill in the Second House In the second House also, the bill passes through all the three stages, that is, first reading, second reading and third reading. There are four alternatives before this House: (a) it may pass the bill as sent by the first house (ie, without amendments); (b) it may pass the bill with amendments and return it to the first House for reconsideration; (c) it may reject the bill altogether; and (d) it may not take any action and thus keep the bill pending. If the second House passes the bill without any amendments or the first House accepts the amendments suggested by the second House, the bill is deemed to have been passed by both the Houses and the same is sent to the president for his assent. On the other hand, if the first House rejects the amendments suggested by the second House or the second House rejects the bill altogether or the second House does not take any action for six months, a deadlock is deemed to have taken place. To resolve such a deadlock, the president can summon a joint sitting of the two Houses. If the majority of members present and voting in the joint sitting approves the bill, the bill is deemed to have been passed by both the Houses. 5. Assent of the President Every bill after being passed by both Houses of Parliament either singly or at a joint sitting, is presented to the president for his assent. There are three alternatives before the president: (a) he may give his assent to the bill; or (b) he may withhold his assent to the bill; or (c) he may return the bill for reconsideration of the Houses. If the president gives his assent to the bill, the bill becomes an act and is placed on the Statute Book. If the President withholds his assent to the bill, it ends and does not become an act. If the President returns the bill for reconsideration and if it is passed by both the Houses again with or without amendments and presented to the President for his assent, the president must give his assent to the bill. Thus, the President enjoys only a “suspensive veto.”19 Money Bills Article 110 of the Constitution deals with the definition of money bills. It states that a bill is deemed to be a money bill if it contains ‘only’ provisions dealing with all or any of the following matters: 1. The imposition, abolition, remission, alteration or regulation of any tax; 2. The regulation of the borrowing of money by the Union government; 3. The custody of the Consolidated Fund of India or the contingency fund of India, the payment of moneys into or the withdrawal of money from any such fund; 4. The appropriation of money out of the Consolidated Fund of India; 5. Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure; 6. The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money, or the audit of the accounts of the Union or of a state; or 7. Any matter incidental to any of the matters specified above. However, a bill is not to be deemed to be a money bill by reason only that it provides for: 1. the imposition of fines or other pecuniary penalties, or 2. the demand or payment of fees for licenses or fees for services rendered; or 3. the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. If any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha is final. His decision in this regard cannot be questioned in any court of law or in the either House of Parliament or even the president. When a money bill is transmitted to the Rajya Sabha for recommendation and presented to the president for assent, the Speaker endorses it as a money bill. The Constitution lays down a special procedure for the passing of money bills in the Parliament. A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the president. Every such bill is considered to be a government bill and can be introduced only by a minister. After a money bill is passed by the Lok Sabha, it is transmitted to the Rajya Sabha for its consideration. The Rajya Sabha has restricted powers with regard to a money bill. It cannot reject or amend a money bill. It can only make the recommendations. It must return the bill to the Lok Sabha within 14 days, whether with or without recommendations. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha. If the Lok Sabha accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form. If the Lok Sabha does not accept any recommendation, the bill is then deemed to have passed by both the Houses in the form originally passed by the Lok Sabha without any change. If the Rajya Sabha does not return the bill to the Lok Sabha within 14 days, the bill is deemed to have been passed by both the Houses in the form originally passed by the Lok Sabha. Thus, the Lok Sabha has more powers than Rajya Sabha with regard to a money bill. On the other hand, both the Houses have equal powers with regard to an ordinary bill. Finally, when a money bill is presented to the president, he may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for reconsideration of the Houses. Normally, the president gives his assent to a money bill as it is introduced in the Parliament with his prior permission. Table 22.4 shows the differences between the procedures for the enactment of ordinary bills and money bills. Financial Bills Financial bills are those bills that deal with fiscal matters, that is, revenue or expenditure. However, the Constitution uses the term ‘financial bill’ in a technical sense. Financial bills are of three kinds:  1. Money bills–Article 110 2. Financial bills (I)–Article 117 (1) 3. Financial bills (II)–Article 117 (3) This classification implies that money bills are simply a species of financial bills. Hence, all money bills are financial bills but all financial bills are not money bills. Only those financial bills are money bills which contain exclusively those matters which are mentioned in Article 110 of the Constitution. These are also certified by the Speaker of Lok Sabha as money bills. The financial bills (I) and (II), on the other hand, have been dealt with in Article 117 of the Constitution. Table 22.4 Ordinary Bill vs Money Bill Ordinary Bill Money Bill 1. It can be introduced either in 1. It can be introduced only in the Lok Sabha or the Rajya the Lok Sabha and not in Sabha. the Rajya Sabha. 2. It can be introduced either 2. It can be introduced only by by a minister or by a private a minister. member. 3. It is introduced without the 3. It can be introduced only on recommendation of the the recommendation of the president. President. 4. It can be amended or 4. It cannot be amended or rejected by the Rajya rejected by the Rajya Sabha. Sabha. The Rajya Sabha should return the bill with or without recommendations, which may be accepted or rejected by the Lok Sabha. 5. It can be detained by the 5. It can be detained by the Rajya Sabha for a maximum Rajya Sabha for a maximum period of six months. period of 14 days only. 6. It does not require the 6. It requires the certification of certification of the Speaker the Speaker when  when transmitted to the transmitted to the Rajya Rajya Sabha (if it has Sabha. originated in the Lok Sabha). 7. It is sent for the President’s 7. It is sent for the President’s assent only after being assent even if it is approved approved by both the by only Lok Sabha. There is Houses. In case of a no chance of any deadlock due to disagreement between the disagreement between the two Houses and hence, two Houses, a joint sitting of there is no provision of joint both the houses can be sitting of both the Houses in summoned by the president this regard. to resolve the deadlock. 8. Its defeat in the Lok Sabha 8. Its defeat in the Lok Sabha may lead to the resignation leads to the resignation of of the government (if it is the government. introduced by a minister). 9. It can be rejected, 9. It can be rejected or approved, or returned for approved but cannot be reconsideration by the returned for reconsideration President. by the President. Financial Bills (I) A financial bill (I) is a bill that contains not only any or all the matters mentioned in Article 110, but also other matters of general legislation. For instance, a bill that contains a borrowing clause, but does not exclusively deal with borrowing. In two respects, a financial bill (I) is similar to a money bill–(a) both of them can be introduced only in the Lok Sabha and not in the Rajya Sabha, and (b) both of them can be introduced only on the recommendation of the president. In all other respects, a financial bill (I) is governed by the same legislative procedure applicable to an ordinary bill. Hence, it can be either rejected or amended by the Rajya Sabha (except that an amendment other than for reduction or abolition of a tax cannot be moved in either House without the recommendation of the president i.e., the recommendation of president is not required for moving an amendment making provision for the reduction or aboli-sition of a tax). In case of a disagreement between the two Houses over such a bill, the president can summon a joint sitting of the two Houses to resolve the deadlock. When the bill is presented to the President, he can either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration of the Houses. Financial Bills (II) A financial bill (II) contains provisions involving expenditure from the Consolidated Fund of India, but does not include any of the matters mentioned in Article 110. It is treated as an ordinary bill and in all respects, it is governed by the same legislative procedure which is applicable to an ordinary bill. The only special feature of this bill is that it cannot be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill. Hence, financial bill (II) can be introduced in either House of Parliament and recommendation of the President is not necessary for its introduction. In other words, the recommendation of the President is not required at the introduction stage but is required at the consideration stage. It can be either rejected or amended by either House of Parliament. In case of a disagreement between the two Houses over such a bill, the President can summon a joint sitting of the two Houses to resolve the deadlock. When the bill is presented to the President, he can either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration of the Houses.  JOINT SITTING OF TWO HOUSES Joint sitting is an extraordinary machinery provided by the Constitution to resolve a deadlock between the two Houses over the passage of a bill. A deadlock is deemed to have taken place under any one of the following three situations after a bill has been passed by one House and transmitted to the other House: 1. if the bill is rejected by the other House; 2. if the Houses have finally disagreed as to the amendments to be made in the bill; or 3. if more than six months have elapsed from the date of the receipt of the bill by the other House without the bill being passed by it. In the above three situations, the president can summon both the Houses to meet in a joint sitting for the purpose of deliberating and voting on the bill. It must be noted here that the provision of joint sitting is applicable to ordinary bills or financial bills only and not to money bills or Constitutional amendment bills. In the case of a money bill, the Lok Sabha has overriding powers, while a Constitutional amendment bill must be passed by each House separately. In reckoning the period of six months, no account can be taken of any period during which the other House (to which the bill has been sent) is prorogued or adjourned for more than four consecutive days. If the bill (under dispute) has already lapsed due to the dissolution of the Lok Sabha, no joint sitting can be summoned. But, the joint sitting can be held if the Lok Sabha is dissolved after the President has notified his intention to summon such a sitting (as the bill does not lapse in this case). After the President notifies his intention to summon a joint sitting of the two Houses, none of the Houses can proceed further with the bill. The Speaker of Lok Sabha presides over a joint sitting of the two Houses and the Deputy Speaker, in his absence. If the Deputy Speaker is also absent from a joint sitting, the Deputy Chairman of Rajya Sabha presides. If he is also absent, such other person as may be determined by the members present at the joint sitting, presides over the meeting. It is clear that the Chairman of Rajya Sabha does not preside over a joint sitting as he is not a member of either House of Parliament. The quorum to constitute a joint sitting is one-tenth of the total number of members of the two Houses. The joint sitting is governed by the Rules of Procedure of Lok Sabha and not of Rajya Sabha. If the bill in dispute is passed by a majority of the total number of members of both the Houses present and voting in the joint sitting, the bill is deemed to have been passed by both the Houses. Normally, the Lok Sabha with greater number wins the battle in a joint sitting. The Constitution has specified that at a joint sitting, new amendments to the bill cannot be proposed except in two cases: 1. those amendments that have caused final disagreement between the Houses; and 2. those amendments that might have become necessary due to the delay in the passage of the bill. Since 1950, the provision regarding the joint sitting of the two Houses has been invoked only thrice. The bills that have been passed at joint sittings are: 1. Dowry Prohibition Bill, 1960.20 2. Banking Service Commission (Repeal) Bill, 1977.21 3. Prevention of Terrorism Bill, 2002.22