Union Government in India PDF

**Federal Setup in India** The federal setup in India is a system of government in which power is divided between a central authority (the Union government) and several regional authorities (states). This system ensures a balance of power between the Union and states, allowing for a unity in diversity that is crucial for managing the vast and diverse country. Let's delve into the details and nuances of the federal setup in India, exploring its structure, features, significance, and challenges. **Structure of the Federal Setup in India** India's federal structure is based on a written constitution, which clearly delineates the powers and functions of both the Union and State governments. This structure is characterized by three main levels of government: 1. **Union Government**: - **President**: The President is the ceremonial head of state and the commander-in-chief of the armed forces. The President represents the unity of the nation. - **Parliament**: Consists of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). These are the legislative bodies that make laws for the country. - **Executive**: The Prime Minister is the head of government, leading the Union Council of Ministers. 2. **State Governments**: - **Governor**: Appointed by the President, the Governor is the ceremonial head of the state, representing the President in the state. - **Legislature**: States have their legislatures, which can be unicameral (one house) or bicameral (two houses, like the Vidhan Sabha and Vidhan Parishad in some states). - **Executive**: The Chief Minister is the head of the state government, supported by the Council of Ministers. 3. **Local Governments**: Panchayats (village councils) and Municipalities (urban local bodies) play a crucial role at the grassroots level, empowering local citizens and managing local affairs. **2. Features of the Indian Federal System** The Indian federal system is characterized by several unique features that differentiate it from other federal systems around the world: 1. **Unitary Bias**: While being federal, India's system has certain unitary features. For example, the President can dismiss state governments in case of a breakdown of law and order or if a state government is not functioning according to the Constitution. 2. **Dual Governance**: The Indian federal structure involves dual governance -- Union and State -- meaning the same people are governed by two authorities: one at the central level and one at the state level. 3. **Division of Powers**: - **Union List**: Contains subjects on which only the Parliament can legislate, e.g., defense, foreign affairs, atomic energy, etc. - **State List**: Contains subjects on which only the State Legislatures can legislate, e.g., police, public health, agriculture, etc. - **Concurrent List**: Contains subjects on which both the Union and State governments can legislate, e.g., criminal law, marriage, bankruptcy, etc. - **Residual Powers**: Powers not listed in any of the above categories can be legislated upon by the Union government. 4. **Financial Relations**: The Constitution provides for a sharing of financial resources between the Union and States. The Finance Commission, constituted every five years, recommends the distribution of taxes between the Centre and the States. 5. **Autonomy of States**: The system provides autonomy to states with separate powers, legislatures, executives, and judiciaries, allowing them to manage their own affairs except in matters specified in the Union and Concurrent Lists. **3. Importance of the Federal Setup in India** The federal setup in India is crucial for maintaining unity amidst diversity. It allows states to have a say in national governance while maintaining the unity of the country. The federal setup helps in managing the cultural, linguistic, and regional diversity of India effectively by providing local governance and decision-making powers to state governments. **4. Challenges in the Federal Setup** 1. **Inter-State Disputes**: Disputes between states over water resources, borders, and other issues can strain relations between the Union and the states. 2. **Financial Imbalances**: Disparities in revenue generation between different states can lead to financial imbalances. The Centre's intervention through the Finance Commission recommendations becomes crucial in such cases. 3. **Role of the Governor**: The appointment of the Governor, who is also the representative of the President in the state, has been a point of contention, as Governors are seen to influence the state government decisions in favor of the Union government. 4. **Coordination between the Centre and States**: The need for effective coordination between the Centre and States to implement policies and maintain law and order is crucial for the smooth functioning of the federal system. **5. Comparison with Other Federal Systems** To understand the uniqueness of India's federal setup, it is helpful to compare it with other federal systems around the world: - **United States**: The U.S. federal system is based on a strict division of powers between the federal government and the states with minimal interference from the federal government in state matters. The Indian system, however, is more unitary with a federal character, allowing for significant intervention by the Centre in state matters when necessary. - **Canada**: Canada's federal system also has a dual-level governance system. However, the distribution of powers is more explicit, with clear lines between federal and provincial responsibilities. In contrast, the Indian system allows for overlapping responsibilities, especially in the Concurrent List. - **Australia**: The Australian federal system is similar to India's in the sharing of legislative powers between the federal and state governments. However, Australia has a more cooperative approach between the federal and state governments, facilitated by the High Court's role in interpreting the Constitution to resolve disputes between the levels of government. **6. Past Examples in India** 1. **1951 - Keshavananda Bharati Case**: This landmark case highlighted the Supreme Court's role in upholding the federal structure by asserting the power of judicial review over legislative actions. The case dealt with the limitations on the Union government's power to amend the Constitution, emphasizing the federal structure. 2. **1962 - Inter-State River Disputes**: The Mahadayi river dispute between Karnataka, Goa, and Maharashtra demonstrated the complexities of water-sharing issues under the federal setup. The Supreme Court's intervention was necessary to resolve the conflict. 3. **1989 - Shah Bano Case**: This case reflected the tension between the Union and states in applying personal laws under the Concurrent List. The Supreme Court's decision in favor of maintaining secular law over state-specific personal laws sparked debates on federalism in India. 4. **2006 - S.R. Bommai Case**: The Supreme Court's decision in this case was crucial in defining the powers of the President under Article 356 regarding dismissing state governments. It highlighted the unitary bias in the Indian federal system. **7. Conclusion** The federal setup in India, while providing autonomy to states, also requires continuous adaptation to address the complexities and challenges inherent in such a vast and diverse country. The system's resilience lies in its flexibility and the ability to evolve with changing political, social, and economic dynamics. Understanding this system is critical for students, policymakers, and citizens alike to engage meaningfully in governance and nation-building processes in India. **Division of the Union Parliament into the Lok Sabha and the Rajya Sabha** **1. Structure and Function of the Union Parliament** The Union Parliament of India is a bicameral legislature, meaning it consists of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This system allows for representation and legislation on various issues, with each house performing distinct roles and functions within the federal structure of India. 1. **Lok Sabha**: - **The lower house** of the Parliament. - Represents the people directly. - More powerful in terms of initiating money bills, controlling the executive, and having the final say on most legislative matters. 2. **Rajya Sabha**: - **The upper house** of the Parliament. - Represents the states and Union Territories. - Acts as a revising chamber, ensuring that legislation is thoroughly discussed and debated before becoming law. **2. Lok Sabha: Term, Composition, Qualifications, and Vacation of Seats** **a. Term of the Lok Sabha** The Lok Sabha has a maximum term of five years from the date of its first meeting. However, it can be dissolved by the President earlier if the government is defeated in a vote of confidence, or if the President, in consultation with the Prime Minister, deems it necessary to dissolve the house for any other reason. - **Exception**: Even before the five-year term ends, the Lok Sabha can be dissolved earlier. For example, the 15th Lok Sabha was dissolved in 2014 after its term of five years. **b. Composition of the Lok Sabha** 1. **Elected Representatives**: - The Lok Sabha is composed of **545 members**, out of which: - **532 members** represent states. - **2 members** represent the Union Territories. - **One member** is elected from the Anglo-Indian community, but only if the President feels the community is not adequately represented. - Members are elected by direct popular vote through a system of **proportional representation by means of the single transferable vote**. 2. **Seats from Union Territories**: - Delhi and Puducherry send **1 representative each** to the Lok Sabha. - Other Union Territories do not have representation in the Lok Sabha directly but are represented in the Rajya Sabha. 3. **Reserved Seats**: - There are **84 seats reserved** for Scheduled Castes (SCs) and **47 seats reserved** for Scheduled Tribes (STs). - These seats are allocated based on the proportion of the population of SCs and STs in the state or Union Territory. **c. Qualifications to be a Member of the Lok Sabha** To be eligible to contest elections and become a member of the Lok Sabha, a candidate must fulfill the following criteria: 1. **Citizenship**: The candidate must be a citizen of India. 2. **Minimum Age**: A candidate must be at least **25 years old** to stand for election to the Lok Sabha. 3. **Eligibility Criteria**: - The candidate should not be disqualified under any law for the time being in force. - A person convicted of certain offenses involving moral turpitude is disqualified. - A candidate should not hold any office of profit under the government (e.g., civil servant or government contractor). - A candidate should not be of unsound mind and adjudged as such by a competent court. 4. **Disqualifications**: - A sitting member of the Rajya Sabha who wishes to contest for the Lok Sabha must resign from their Rajya Sabha membership. - A member of the armed forces, police, or government service cannot stand for election unless they resign from their position. **d. Vacation of Seats in the Lok Sabha** A seat in the Lok Sabha can be vacated under various circumstances: 1. **By-election**: - If a member resigns, their seat is declared vacant. - If a member dies or resigns due to other reasons, a by-election is held to fill the vacancy. 2. **Disqualification**: - A member may be disqualified if they: - Absence themselves from the house for 60 days without permission. - Are convicted of a criminal offense punishable by imprisonment for two years or more. - Become an undischarged insolvent. - Join another political party after being elected on a ticket from a different party. 3. **Voluntary Resignation**: - A member can voluntarily resign from their seat by submitting a resignation letter to the Speaker of the Lok Sabha. 4. **Defection**: - A member who changes party allegiance can be disqualified under the Anti-Defection Law. This law applies when: - A member changes party after being elected on a party ticket. - A member abstains from voting against the party whip in the house. 5. **Disqualification on Grounds of Defection**: - The Speaker of the Lok Sabha determines disqualification on grounds of defection. - Their decision can be challenged in the courts, but the decision remains effective unless overruled by a court. **3. The Role of the Lok Sabha** The Lok Sabha plays a crucial role in the functioning of the Indian government: 1. **Legislation**: The Lok Sabha is the primary law-making body. It can make laws on the Union List and the Concurrent List, unlike the Rajya Sabha, which can only suggest amendments to the bills. 2. **Money Bills**: The Lok Sabha has the exclusive right to initiate money bills. If the Lok Sabha does not pass a money bill within 14 days of its introduction, it is deemed to be passed. 3. **Control over the Executive**: The Lok Sabha exercises control over the executive through debates, question hours, no-confidence motions, and the power to remove the Council of Ministers (including the Prime Minister) through a vote of no confidence. 4. **Financial Oversight**: The Lok Sabha plays a key role in financial oversight by approving the budget, and by debating and passing the demands for grants submitted by various ministries. **4. Differences between Lok Sabha and Rajya Sabha** The Lok Sabha and the Rajya Sabha differ significantly in their composition, powers, and roles: **Aspect** **Lok Sabha** **Rajya Sabha** ---------------------------- ----------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------- **Composition** \- 545 members (532 from states, 2 from UTs, 1 Anglo-Indian if nominated) \- 250 members (12 nominated by the President and 238 elected by the states and UTs) **Representation** Direct election by the people, through proportional representation Represents states and UTs with more of an advisory role in legislation **Term** Maximum 5 years (can be dissolved earlier) Permanent body, cannot be dissolved; members retire every 2 years **Initiation of Laws** Can initiate laws on subjects in the Union and Concurrent Lists, exclusive right to initiate money bills Cannot initiate money bills, has the power to amend or delay bills, acts as a revising chamber **Financial Control** Exercises greater control over government finances, especially through the Budget and Appropriations Bill Reviews, discusses, and revises bills referred by the Lok Sabha, but cannot reject them outright **Control over Executive** Can remove the Council of Ministers through a no-confidence motion Can only delay and suggest amendments to bills, cannot initiate or reject money bills **5. Comparison with Other Countries** India's federal structure, particularly the division between the Lok Sabha and the Rajya Sabha, has similarities and differences with other bicameral legislatures around the world: - **United States**: - **Congress** consists of the House of Representatives (similar to Lok Sabha) and the Senate (similar to Rajya Sabha). - **House of Representatives** is based on population, directly elected, and serves two-year terms. - **Senate** represents states equally (two senators per state), members serve six-year terms and cannot be dissolved. - **Key Differences**: In the U.S., the House has more power in financial matters and budget approvals, while the Senate serves as a more deliberative body. - **Canada**: - **Parliament consists of the House of Commons (similar to Lok Sabha) and the Senate (similar to Rajya Sabha)**. - **House of Commons** is elected through direct popular vote, members serve for a maximum of five years. - **Senate** is appointed by the Prime Minister and serves until retirement at age 75. - **Key Differences**: The Canadian Senate acts more like a revising chamber without the power to delay money bills, reflecting a less confrontational role than the Rajya Sabha in India. - **Australia**: - **Parliament consists of the House of Representatives (similar to Lok Sabha) and the Senate (similar to Rajya Sabha)**. - **House of Representatives** is directly elected and serves for three years. - **Senate** is elected by proportional representation, and members serve for six years. - **Key Differences**: The Australian Senate can reject legislation outright or delay it, unlike the Rajya Sabha, which can only delay but not reject bills originating in the Lok Sabha. **6. Conclusion** Understanding the roles, functions, and differences between the Lok Sabha and the Rajya Sabha is essential for grasping how the Indian federal system operates. The Lok Sabha serves as the voice of the people with its direct electoral mandate, while the Rajya Sabha provides a level of review and representation from the states, ensuring that legislation is both representative and thorough. **Lok Sabha: Parliamentary Procedures** **1. Summoning of the Houses** The Parliament of India, comprising the Lok Sabha and the Rajya Sabha, operates under a well-defined schedule for its sessions, ensuring regular legislative business and oversight functions. The President of India has the authority to summon the Houses, which means calling them into session. The President's summons are crucial for the functioning of Parliament and are typically made on the advice of the Prime Minister. - **The President can summon the Houses at any time during the year**. - **The sessions are held at the discretion of the President**, based on the advice of the Council of Ministers. - **Special sessions** can be called for specific legislative business or urgent matters, bypassing the regular annual calendar. **2. Sessions of Parliament** The Parliament of India is divided into three types of sessions: 1. **Budget Session**: - **Timing**: Usually begins in late January or early February and lasts until late April or early May. - **Purpose**: It is the most significant session as it includes the presentation of the Union Budget, discussions on the budget, and other economic issues. - **Features**: This session includes the President's Address to Parliament, where the President outlines the government's policies and programs for the year ahead. 2. **Monsoon Session**: - **Timing**: Usually begins in July and lasts until August or September. - **Purpose**: The focus is on reviewing the implementation of the Budget and dealing with financial bills. It also includes the discussion of important issues affecting the country. - **Features**: Several legislative proposals and pending bills are discussed and debated during this session. 3. **Winter Session**: - **Timing**: Typically begins in late November and lasts until late December. - **Purpose**: This session deals with pending legislative business and discussions on issues raised by members, particularly those from rural and agricultural constituencies. - **Features**: It is crucial for reviewing the performance of the government and addressing issues of public importance before the new year. - **Maximum Gap Between Two Sessions**: According to the Constitution of India, there should be a minimum gap of six months between two sessions. This ensures that there is continuous oversight and accountability from the Parliament. - **Exceptions**: While this is the norm, the President can convene a special session even if the interval between two regular sessions is less than six months, particularly to address urgent issues. **3. President's Address and Motion of Thanks** - **President's Address**: This is an important event that marks the beginning of a new session, typically the first day of the Budget Session. The President addresses both Houses of Parliament assembled in the Central Hall. - **Content**: The Address outlines the government's achievements and its plans for the future, covering both the Lok Sabha and the Rajya Sabha. - **Motion of Thanks**: After the President's Address, the Lok Sabha debates and discusses the content of the speech. This is a formal motion moved by a member expressing gratitude for the President's Address. - **Discussion**: The motion is discussed in detail, and members can highlight issues they feel are crucial or missing from the Address. - **Vote**: Once the discussion concludes, the motion is put to vote. If it is passed, it signifies the Lok Sabha's approval of the President's Address and hence, the government's agenda. If defeated, it can lead to a political crisis, signifying lack of confidence in the government. **4. Quorum** The concept of quorum is fundamental in the functioning of the Lok Sabha. A quorum refers to the minimum number of members required to be present to conduct the business of the House. If the quorum is not present, any decision or transaction of business is considered null and void. - **Rule**: According to the Rules of Procedure and Conduct of Business in Lok Sabha, a quorum consists of **one-tenth** of the total strength of the Lok Sabha, i.e., at least **55 members** must be present. - **Procedure**: When a member feels that the quorum is not present, they can draw the attention of the Speaker by shouting \"Quorum!\" If the Speaker agrees that the quorum is not met, the proceedings are suspended, and the House is adjourned for a short period to allow members to assemble. - **Impact**: If the quorum is still not met after the adjournment, the House is adjourned for the day. **5. Question Hour** The Question Hour is perhaps the most significant time of the Lok Sabha proceedings. It provides members the opportunity to ask questions and receive answers from the government on a range of issues. - **Types of Questions**: 1. **Starred Questions**: These are questions for which a member expects a written or oral answer. If the answer is to be given orally, the member has the right to ask supplementary questions. - **Rules**: These questions are listed in the daily business list, and members submit them in advance to be answered during the session. The concerned minister answers the question orally, and members can ask follow-up questions. 2. **Unstarred Questions**: These are questions for which only a written answer is provided. The response is usually laid on the table of the House and does not involve oral questioning. - **Rules**: Members submit these questions in advance. The response is circulated among members and can be checked later. 3. **Short Notice Questions**: These are asked with a notice period of less than 10 days and address urgent matters. They are answered orally, and a supplementary question can be asked. - **Rules**: 1. Questions related to foreign affairs, defense, internal security, and matters under investigation by statutory authorities are not entertained during the Question Hour. 2. The Speaker decides whether a question will be accepted, and if rejected, the reason is provided. 3. The daily schedule allocates a specific time for asking and answering questions. **6. Zero Hour** The Zero Hour is an informal device used in the Lok Sabha to discuss matters that are not included in the regular agenda. It is an Indian parliamentary innovation that is not mentioned in the rules of procedure but is widely observed. - **Timing**: It usually begins immediately after the Question Hour and continues until the agenda for the day begins. - **Significance**: It is an opportunity for members to raise issues that have not been scheduled and can cover any matter of urgent public importance. - **Procedure**: Members can raise issues without any notice, and there is no fixed timing, duration, or response from the government. It is primarily used to draw the attention of the government to various matters, often including local issues, national concerns, and political developments. **7. Motions in Lok Sabha** The Lok Sabha uses various motions to discuss and pass resolutions on different issues. The motions play a critical role in the legislative process and hold the government accountable for its actions. 1. **Adjournment Motion**: - **Purpose**: An adjournment motion is moved in the Lok Sabha to raise an urgent matter requiring the immediate attention of the House. - **Rules**: The member who moves the motion must specify the issue and request the suspension of the regular business of the House. If accepted, a debate follows, and a vote is taken. - **Outcome**: If the motion is accepted, it leads to a short adjournment of the House. If defeated, it reflects that the House does not wish to debate the issue urgently. 2. **No-Confidence Motion**: - **Purpose**: This motion is moved to express a lack of confidence in the government. If a majority in the Lok Sabha votes in favor of the motion, it can lead to the resignation of the government. - **Rules**: There is no requirement for the issues to be specified. The Prime Minister and the Council of Ministers must resign if the motion is passed. - **Procedure**: The Speaker can accept the motion, and it is debated on the floor of the House. A majority is required to pass the motion. - **Example**: In 1999, the Atal Bihari Vajpayee government faced a no-confidence motion due to a coalition crisis and lost the vote, leading to its resignation. 3. **Censure Motion**: - **Purpose**: This motion expresses disapproval of government actions but does not necessarily imply a loss of confidence. - **Rules**: The motion should specify the actions or policies being criticized. The debate is usually followed by a vote. - **Procedure**: Unlike a no-confidence motion, it does not automatically lead to the resignation of the government. The government may continue with its tenure despite the passage of the motion. - **Difference with No-Confidence**: A censure motion expresses disapproval and dissatisfaction without necessarily threatening the government's stability, while a no-confidence motion directly challenges the government's authority to govern. - **Example**: In 2018, a censure motion was moved against the Modi government over its handling of the Rafale deal but was defeated as it did not have a majority support. **8. Comparison Between Adjournment Motion, No-Confidence Motion, and Censure Motion** **Aspect** **Adjournment Motion** **No-Confidence Motion** **Censure Motion** --------------------- -------------------------------------------------------------------- -------------------------------------------------------- ------------------------------------------------------------------------------ **Purpose** To raise an urgent matter that requires immediate attention. To express lack of confidence in the government. To criticize government actions or policies. **Initiation** Requires the support of 50 members and is admitted by the Speaker. Can be initiated by any member without notice. Can be initiated by any member with prior notice. **Outcome** If passed, leads to a short adjournment of the House. If passed, leads to the resignation of the government. Expresses disapproval without affecting the government's tenure. **Debate and Vote** Debate and vote follow after the suspension of regular business. Debate and vote follow in the House. Debate and vote follow on the floor of the House. **Implication** Raises urgent issues without threatening government stability. Directly challenges government's authority. Signals government's lack of popular support without immediate consequences. This detailed analysis of the Lok Sabha's parliamentary procedures, from summoning to motions, provides a comprehensive understanding of how India's legislative body functions and holds the government accountable. This setup allows for a dynamic discussion of public and political issues, reflecting the democratic spirit of the country. **Speaker of the Lok Sabha: Election, Removal, and Functions** **1. Election of the Speaker** The Speaker of the Lok Sabha is a crucial figure in the Indian parliamentary system, playing a vital role in maintaining order and decorum in the House and ensuring the smooth conduct of its proceedings. The election of the Speaker follows specific procedures: - **Election**: The Speaker is elected by the members of the Lok Sabha from among themselves immediately after the newly elected House first meets after a general election. The President of India calls the first meeting of the newly elected Lok Sabha. During this meeting, the House proceeds to elect the Speaker. - **Proposed by**: The Speaker is proposed by a member and seconded by another. This proposal is then put to a vote. - **Majority required**: The candidate with the majority of votes is elected Speaker. The role is typically reserved for a member of the ruling party, but it is not mandatory. - **Oath of Office**: After being elected, the Speaker takes the oath of office administered by the President of India. - **Eligibility**: Any member of the Lok Sabha can be elected Speaker. However, the Speaker cannot be a member of any political party. If a member of a political party is elected Speaker, they must resign from their party before taking office. - **Functions of the Pro-tem Speaker**: Before electing the Speaker, a Pro-tem Speaker is appointed by the President to perform functions like presiding over the first session and administering the oath to new members. **2. Removal of the Speaker** The Speaker holds a significant position, and their removal from office is subject to certain procedures: - **Motion of No-Confidence**: The Speaker can be removed from office by a resolution passed by an absolute majority of the Lok Sabha members (i.e., 50% + 1 of the total members). - **Procedure**: A member must give notice of the resolution to the Speaker and obtain the support of at least 50 members. Once submitted, the Speaker reads out the notice in the House. - **Debate and Vote**: The resolution is then debated in the Lok Sabha, and a vote is taken. If the majority of members vote in favor of the resolution, the Speaker is removed from office. - **Resignation**: The Speaker can also resign voluntarily by addressing their resignation to the Deputy Speaker or directly to the President. - **No-confidence Example**: In 2008, the Speaker of the Lok Sabha was removed after a motion of no-confidence was passed against them due to allegations of partiality. **3. Functions of the Speaker** The Speaker of the Lok Sabha has several functions that ensure the smooth functioning of the House and uphold the dignity of parliamentary proceedings: 1. **Presiding over the House**: - **Maintaining Order**: The Speaker ensures decorum in the House by regulating debates, stopping disorderly conduct, and calling members to order when they breach the rules. - **Deciding Points of Order**: The Speaker decides on points of order raised by members, which concern the interpretation or application of the rules of procedure. - **Casting Vote**: In case of a tie during voting, the Speaker exercises a casting vote, typically casting it to maintain the status quo. 2. **Ensuring Effective Debates**: - **Allocation of Time**: The Speaker allocates time for debates, ensuring that members have adequate opportunity to discuss issues. - **Deciding the Admissibility of Questions**: The Speaker decides which questions can be admitted during the Question Hour and which are rejected based on the rules and relevance to public importance. - **Supervision of Legislative Process**: The Speaker oversees the legislative process, from the introduction of bills to their passage in the House. 3. **Representation and Communication**: - **Represents the House**: The Speaker represents the Lok Sabha to the President, the Rajya Sabha, and outside the Parliament. They are responsible for conveying the decisions and views of the House. - **Communication with the President**: The Speaker communicates with the President on behalf of the House for the prorogation or dissolution of the House, convening sessions, and regarding legislative proposals. 4. **Role in Legislative Procedure**: - **Bill Passage**: The Speaker plays a crucial role in the passage of bills. They ensure that the procedures are followed while presenting, debating, and voting on bills in the House. - **Certification of Bills**: The Speaker certifies bills as money bills if they pertain solely to matters such as the imposition, abolition, remission, alteration, or regulation of taxes and the appropriation of money out of the Consolidated Fund of India. - **Role in Money Bills**: The Speaker has the authority to decide whether a bill is a money bill or not. Their decision in this regard is final and cannot be questioned in the courts. 5. **Role in Maintaining Discipline**: - **Handling Breaches of Conduct**: The Speaker can suspend members for unruly behavior or breaches of conduct. - **Quorum and Adjournment**: The Speaker calls attention to quorum issues, adjourns the House when necessary, and ensures that there are sufficient members for legislative business. 6. **Presiding over Joint Sessions**: - The Speaker presides over joint sessions of the two Houses of Parliament when there is a deadlock between the Rajya Sabha and the Lok Sabha on a particular bill. - This role is crucial in breaking legislative stalemates and ensuring the passage of bills. 7. **Post-Retirement Role**: - After leaving the office, the Speaker retains a degree of influence. They may continue to serve on various committees or boards, thereby influencing the legislative process indirectly. **Comparison with Other Countries** - **Speaker of the House of Commons (UK)**: - In the UK, the Speaker is traditionally a member of the ruling party but is expected to be impartial and resign from their party upon election. - The Speaker has similar functions to that of the Lok Sabha Speaker in maintaining order, deciding on procedural matters, and representing the House. - Unlike the Indian system, the Speaker of the UK House of Commons is elected by a simple majority of members present in the House. - The removal of the Speaker in the UK requires a resolution passed by a majority of the members of the House of Commons. - **Speaker of the US House of Representatives**: - The Speaker of the US House of Representatives is elected by the entire House from among its members. They are typically a member of the majority party. - The Speaker is primarily a legislative leader with substantial influence over the legislative agenda. - The Speaker in the US presides over the House, appoints members to committees, and oversees legislative procedure. However, they do not play as active a role in maintaining discipline and order as their Indian and UK counterparts. - The removal of the US Speaker requires a majority vote in the House but does not need to be through a specific motion like a no-confidence motion as in India. Through this detailed explanation of the Speaker's role in the Lok Sabha, including their election, removal, functions, and comparisons with counterparts in other countries, one can gain a comprehensive understanding of this critical position in the Indian parliamentary system. This role ensures the fair and effective functioning of the legislative process, thus contributing to the democratic governance in India. **Rajya Sabha: Composition, Qualifications, Elections, Term, and Presiding Officer** **1. Composition of the Rajya Sabha** The Rajya Sabha, or the Council of States, is the upper house of the Parliament of India. It serves as a permanent body that provides a platform for representation to states and union territories. The Rajya Sabha has several distinctive features: - **Members**: The Rajya Sabha is composed of 250 members, of which: - 238 members represent the states and union territories. - 12 members are nominated by the President of India for their distinguished service in fields like literature, art, science, and social service. - **Representation**: - **States**: Each state is represented by a certain number of seats in the Rajya Sabha, based on its population. The allocation follows the principle of proportional representation by means of a single transferable vote. - **Union Territories**: The Union Territories of Delhi and Puducherry have one representative each in the Rajya Sabha. - **Duration**: The Rajya Sabha is a continuing body and is not subject to dissolution like the Lok Sabha. Its membership is divided into three classes, with one-third of the members retiring every two years. **2. Qualifications for Membership** To become a member of the Rajya Sabha, a candidate must fulfill certain eligibility criteria: - **Age**: The candidate must be at least 30 years old. - **Citizenship**: The candidate must be a citizen of India. - **Qualifications**: The candidate must possess the following qualifications: - Must not be an undischarged insolvent. - Must not hold any office of profit under the government of India or a state government (subject to some exceptions). - Must not be of unsound mind and should not have been adjudicated as such by a court. - Should not be disqualified from being an elected member of the Legislative Assembly of the state. **3. Election of Members** The election process for the Rajya Sabha involves the following steps: - **Electoral College**: Members are elected by the elected members of the Legislative Assemblies of states and union territories in accordance with the system of proportional representation by means of a single transferable vote. - **Nominated Members**: The 12 members who are nominated by the President are done so based on their contribution to fields like literature, science, arts, and social service. - **Method**: The election is indirect, which means the voters (MLAs) do not directly elect the Rajya Sabha members but rather choose representatives to form an electoral college who then elect Rajya Sabha members. - **Term**: Each member is elected for a term of six years, with one-third of the members retiring every two years. **4. Term of Office** The term of office of the members of the Rajya Sabha is six years. However, there is a rotation system in place where one-third of the members retire every two years. This system ensures continuity and prevents the entire membership of the Rajya Sabha from being changed in one go. The members who retire can seek re-election. - **Class System**: The Rajya Sabha is divided into three classes of members: - **Class I**: Members retire in the first two years. - **Class II**: Members retire in the subsequent two years. - **Class III**: Members retire in the final two years of their term. - **Fresh Elections**: After every two years, elections are held to replace the retiring members. **5. Presiding Officer** - **Chairman**: The Vice President of India serves as the ex-officio Chairman of the Rajya Sabha. However, they do not participate in debates except when exercising their casting vote. - **Election of the Chairman**: The Chairman of the Rajya Sabha is elected by its members from among themselves at the first meeting of the Rajya Sabha after each general election. - **Procedure**: The election of the Chairman is conducted by a simple majority vote. - **Term**: The Chairman is elected for the entire term of the Rajya Sabha, which is six years. However, they can be re-elected. - **Deputy Chairman**: The Rajya Sabha also has a Deputy Chairman who is elected by its members from among themselves at the beginning of the first session of each year. - **Function**: The Deputy Chairman presides over the Rajya Sabha when the Chairman is absent. - **Role**: The Deputy Chairman also assists the Chairman in carrying out their duties and represents the Rajya Sabha on various forums when necessary. - **Functions of the Chairman**: - **Presiding over Sessions**: The Chairman of the Rajya Sabha presides over the sessions of the House, maintaining order and discipline, and ensuring that the proceedings of the House are conducted according to the rules and conventions. - **Deciding on Questions of Privilege**: The Chairman decides on questions of privilege, such as whether a member's request for a statement or discussion on a matter is admissible. - **Casting Vote**: In the event of a tie on any matter, the Chairman exercises a casting vote. - **Representing the Rajya Sabha**: The Chairman represents the Rajya Sabha in joint sittings of Parliament with the Lok Sabha, and during the presentation of bills and budget. **Comparison with Other Parliaments** - **United States Senate**: - The US Senate has 100 members, with each state represented equally (two senators per state). Senators serve six-year terms without the rotating system used in India's Rajya Sabha. - The US Senate is also a continuing body, but unlike India, its members do not retire in classes. Instead, a third of the members are up for re-election every two years. - The US Vice President serves as the ex-officio President of the Senate, and they only vote in case of a tie. - The Speaker of the House of Commons presides over the Senate's meetings, a role analogous to the Chairman of the Rajya Sabha. - **UK House of Lords**: - The UK's upper house, the House of Lords, is not directly elected. Members include life peers, bishops, and hereditary peers. - The Lord Speaker presides over sessions and performs similar functions to the Chairman of the Rajya Sabha but does not have casting votes. - The House of Lords lacks the same representation of state interests as in the Rajya Sabha. It mainly serves as a revising chamber for legislation. By understanding the detailed composition, qualifications, elections, term, and functions of the Rajya Sabha, one can appreciate its role in representing the states and union territories in the legislative process, and its comparison with other parliamentary systems provides a broader perspective on its place in the global legislative landscape. **Powers and Functions of the Union Parliament in India: Legislative Functions** **1. Legislative Powers of the Union Parliament** The Union Parliament of India holds extensive legislative powers, allowing it to make laws on various subjects and areas. These powers are divided into three categories: Union List, State List, Concurrent List, and Residuary Powers. Let's break down each aspect in detail. **a. Union List** The Union List comprises subjects on which only the Union Parliament can make laws. These subjects are deemed critical for national interest and include: - **Defense, Foreign Affairs, Atomic Energy**: Topics like defense, foreign affairs, atomic energy, and outer space fall under the Union List. This grants the Parliament exclusive powers to legislate and regulate policies and operations. - **Communication, Banking**: Telecommunications, broadcasting, airways, and banking are also in this list, ensuring uniformity and control over national economic infrastructure. - **Union Territories**: Laws regarding union territories, including Delhi and Puducherry, fall under the Union List, giving the Parliament jurisdiction over these areas. - **Post and Telegraphs**: This allows the Union Parliament to legislate on postal services, postal savings, and telegraphs, ensuring national coordination in communication services. **b. State List** The State List comprises subjects on which only the state legislatures have the power to legislate. This ensures that states can address local concerns and issues more effectively. However, the Union Parliament can legislate on any of these subjects under certain conditions: - **Police, Public Health, Agriculture**: Subjects like police, public health, agriculture, irrigation, and local government fall under the State List, indicating their significance to state governance and administration. - **Marriage and Divorce, Transfer of Property**: Laws related to marriage, divorce, family relations, and transfer of property are within the jurisdiction of state legislatures, allowing for diverse state-specific regulations. - **Electricity, Trade Unions**: Electricity, trade unions, and industrial disputes are state-specific subjects, reflecting regional economic policies and industrial relations. **c. Concurrent List** The Concurrent List contains subjects on which both the Union and State Legislatures can legislate. However, in the event of a conflict between a central law and a state law, the central law prevails: - **Criminal Law, Bankruptcy, Insolvency**: Topics like criminal law, bankruptcy and insolvency, marriage and divorce, bankruptcy and insolvency, and bankruptcy and insolvency are found in this list, emphasizing shared governance in these areas. - **Education, Forests**: Education, marriage and divorce, forests, trade unions, and criminal law fall under the Concurrent List, providing a framework for both levels of government to address issues of national interest with local variations. **d. Residuary Powers** The Union Parliament has the exclusive power to legislate on any matter not specifically mentioned in the Union, State, or Concurrent Lists. This power is derived from Article 248 of the Indian Constitution, which grants the Parliament the authority to make laws on residuary matters. These are topics that may arise with the changing times, such as: - **Information Technology, Cybersecurity**: Issues like information technology, cybersecurity, artificial intelligence, and other modern challenges fall under the residuary powers. This enables the Union to take swift and unified action to regulate emerging technologies and sectors. - **Space Research, Biotechnology**: New areas like space research, biotechnology, and defense technology also come under residuary powers, ensuring the Union Parliament's ability to address new developments effectively. **e. Ordinances** The Union Parliament has the power to promulgate ordinances when both Houses are not in session. An ordinance is a temporary law that has the same force as an Act of Parliament but is only valid for a maximum period of six weeks after the reassembly of Parliament: - **Emergency Powers**: The President can issue an ordinance on the advice of the Union Cabinet if it is necessary to take immediate action. These ordinances are subject to parliamentary approval and can be revoked or amended by Parliament. - **Scope and Limitation**: Ordinances cannot be used to amend the Constitution, impose taxes, or deal with certain fundamental rights. They are issued during extraordinary circumstances to ensure continuous governance. **2. Financial Powers** The Union Parliament's legislative functions extend to financial matters, ensuring fiscal control over the national budget, taxation, and expenditure. These powers include: **a. Money Bill** A Money Bill is one that exclusively deals with the imposition, abolition, remission, alteration, or regulation of taxes. It also covers the regulation of public money, expenditure from the Consolidated Fund of India, and appropriation of funds. The Lok Sabha has the exclusive right to initiate money bills: - **Procedure**: A Money Bill can only be introduced in the Lok Sabha, and once passed, it is sent to the Rajya Sabha for its recommendations. The Rajya Sabha can suggest amendments within 14 days, but the final decision rests with the Lok Sabha. - **Impact**: The Money Bill gives the Parliament control over national finances, ensuring checks and balances on government spending and fiscal policy. **b. Budget** The Union Budget is a comprehensive statement of the government's financial plan for the upcoming financial year. It outlines anticipated revenues and expenditures, taxation policies, and allocations for different ministries and sectors: - **Presentation**: The Finance Minister presents the Budget to both Houses of Parliament. The Lok Sabha is the first house to consider and approve it. The Rajya Sabha has 14 days to review the budget but does not have the power to amend it. It can only make recommendations. - **Types**: The Budget includes Revenue Budget (tax and non-tax revenues) and Capital Budget (expenditure on long-term assets and projects). - **Approval**: The Lok Sabha's approval is required for the Budget to be passed. If the Budget is not approved, the government cannot withdraw money from the Consolidated Fund of India. **c. Supplementary Grants** If the government requires additional funds during the year beyond the approved Budget estimates, it can present Supplementary Grants in Parliament: - **Procedure**: Supplementary Grants are presented and discussed in the Lok Sabha, and are then reviewed by the Rajya Sabha. If approved, the government can withdraw funds from the Consolidated Fund to meet its additional expenditure. - **Limit**: These grants must not exceed the original budget estimates by more than 10%. If the additional requirements are more than this limit, the government needs to present a revised budget. **d. Salary Determination** Parliament determines the salaries and allowances of its members and the President, as well as other constitutional functionaries like the Judges of the Supreme Court and High Courts. The Parliament has the power to adjust these salaries: - **Parliamentary Control**: Any increase in salaries and allowances requires approval from both Houses of Parliament. This ensures that constitutional functionaries' pay is subject to public accountability and legislative oversight. - **Adjustments and Reviews**: The salaries and allowances are reviewed periodically, and changes are made through legislative amendments. **Comparison with Other Countries** - **United States**: - **Federal Legislative Powers**: The US Congress has similar powers over federal legislation, but unlike India, it does not have a comprehensive system of state-specific laws like the Union, State, and Concurrent Lists. US federal law supersedes state law in most cases. - **Budget Control**: The US Congress has significant influence over the federal budget, especially in terms of taxation and expenditure. It can amend the Budget through a process involving both the House of Representatives and the Senate. - **Money Bills**: In the US, spending bills (appropriations bills) can originate in either house, but revenue bills must originate in the House of Representatives. - **Ordinances**: The US President does not have the power to issue executive orders akin to ordinances. This makes India's use of ordinances a unique feature in its legislative framework. - **United Kingdom**: - **Parliamentary Powers**: The UK Parliament also deals with a range of legislative powers, but its system is more centralized, and devolved administrations in Scotland, Wales, and Northern Ireland handle certain local legislative matters. - **Budget and Finance**: The UK government presents its budget to the House of Commons. The House of Lords can review and amend but cannot ultimately block financial legislation. - **Money Bills**: The UK does not have a strict system of Money Bills; instead, all legislation related to expenditure must go through both Houses. - **Ordinances**: The UK lacks a direct equivalent to India's ordinance power. Instead, emergency legislation is enacted through Parliament, with the role of the House of Lords being largely advisory in such cases. Through these legislative powers, the Union Parliament of India plays a crucial role in maintaining the country's federal structure, regulating economic policies, ensuring financial accountability, and addressing various administrative and constitutional concerns, aligning with both national and international legislative frameworks. **Powers and Functions of the Union Parliament in India: Executive Functions** The Union Parliament of India also possesses significant executive powers, allowing it to oversee and regulate various executive functions within the government. These powers involve the administration and implementation of laws, the appointment of key officials, and control over the executive branch. The executive functions of the Union Parliament can be categorized into several key areas: **1. Ministers and the Requirement of Majority in the Lok Sabha** The executive power in India is vested in the Council of Ministers, headed by the Prime Minister. The Union Parliament plays a crucial role in determining the composition and functioning of the executive branch through its control over the ministers: - **Appointment of Ministers**: The Prime Minister is appointed by the President and is usually the leader of the majority party or coalition in the Lok Sabha. The Prime Minister then recommends the appointment of other ministers to the President. These ministers are appointed to various portfolios (ministries) to carry out different administrative functions. - **Requirement of Majority in the Lok Sabha**: For the executive to function effectively, it requires the confidence of the Lok Sabha. The government must maintain a majority in the Lok Sabha to stay in power. If it loses the confidence of the Lok Sabha, the government is obliged to resign. This ensures that the executive reflects the will of the people as represented by the elected members of Parliament. - **Vote of Confidence**: The Lok Sabha can pass a vote of confidence in the government through various means, including the traditional method of calling a division vote. If the government loses such a vote, it is required to tender its resignation. This process ensures accountability and prevents an unrepresentative government from continuing in power. - **Loss of Confidence and No-Confidence Motions**: The Lok Sabha can pass a no-confidence motion against the government. If such a motion is passed, the Prime Minister and the Council of Ministers are obligated to resign. This is a vital tool for Parliament to check the executive's actions and policies. **2. Effect of Question Hour and Parliamentary Motions** The Question Hour is an essential tool through which Parliament exercises control over the executive. It allows Members of Parliament (MPs) to ask questions related to the functioning of the government and get answers from the ministers: - **Question Hour**: This is the first hour of every parliamentary sitting when questions from MPs are answered by the ministers. It provides a mechanism for MPs to seek clarification on policies, schemes, and administrative decisions. Questions can be starred (requiring a written answer) or unstarred (requiring a verbal answer), with supplementary questions allowed to seek more detailed responses. - **Types of Questions**: - **Starred Questions**: These are indicated with an asterisk and require an oral answer. They are followed by supplementary questions to elicit more detailed responses from ministers. - **Unstarred Questions**: These do not require a verbal response in the House. The minister replies in writing, and members can then seek clarification through a follow-up question. - **Zero Hour**: Following the Question Hour, Zero Hour is an informal device that allows MPs to raise matters not listed on the agenda. It is an opportunity for members to bring up issues such as urgent matters of public importance, including complaints from their constituencies or concerns regarding policy implementation. **3. Parliamentary Motions: Types and Functions** The Union Parliament uses various types of motions to express views, opinions, or to address issues concerning the executive's actions: - **Adjournment Motion**: - **Purpose**: To bring the attention of the House to a specific issue and to facilitate a discussion on it. It is used to draw the government's attention to urgent matters of public importance that require immediate attention. - **Requirements**: Requires the support of at least 50 members in the Lok Sabha. If the Speaker admits the motion, the debate takes place, and it provides a forum for raising grievances or discussing policy failures. - **Outcome**: The discussion can lead to a vote on the motion, where if the motion is carried, it implies a lack of confidence in the government. - **No-Confidence Motion**: - **Purpose**: To test the government's majority in the Lok Sabha. If passed, it forces the resignation of the Council of Ministers. - **Procedure**: The motion must be moved by at least 50 members of the Lok Sabha. The Speaker admits it for discussion if the demand is accepted. A vote is taken after a discussion, and if a majority of MPs support the motion, the government must resign. - **Impact**: It is a critical tool for the opposition to challenge the government's policies and hold it accountable. - **Censure Motion**: - **Purpose**: To criticize specific policies or actions of the government without demanding its resignation. - **Procedure**: It can be moved by any member and debated. Unlike a no-confidence motion, it does not necessarily lead to the fall of the government. - **Outcome**: A censure motion provides a mechanism for the Parliament to register its disapproval of a policy or action of the government. - **Difference between Adjournment Motion, No-Confidence Motion, and Censure Motion**: **Motion Type** **Purpose** **Impact** **Requirement for Admission** -------------------------- ---------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------- ------------------------------- **Adjournment Motion** Brings attention to urgent issues of public importance and seeks a discussion. Allows a debate but does not necessarily lead to a vote of confidence. 50 members in Lok Sabha **No-Confidence Motion** Tests the government's majority in the Lok Sabha; if passed, forces resignation of the government. Can lead to the fall of the government if passed by a majority. 50 members in Lok Sabha **Censure Motion** Criticizes specific policies or actions of the government; does not demand resignation. Provides a forum for expressing disapproval but does not necessarily affect the government's stability. Any member can move it These motions are essential tools for the Parliament to monitor and regulate the executive's actions, ensuring accountability and responsiveness in governance. **4. Monetary Controls** The Union Parliament exercises control over the government's finances and budget through various means: - **Appropriation Bill**: Once the Budget is approved, the Appropriation Bill is presented to allocate funds from the Consolidated Fund of India for various expenditures. No money can be withdrawn from the Consolidated Fund without the approval of Parliament. - **Finance Committee**: The Parliament also has a committee to examine the estimates, suggest ways to reduce expenditure, and monitor the government's fiscal discipline. - **Finance Bill**: Any proposals related to taxes, budgetary provisions, and changes in taxation are introduced in the Finance Bill. This bill is subject to detailed scrutiny and debate in Parliament. **5. Formation or Altering of States** The Union Parliament has the exclusive power to alter the boundaries or names of states, to create new states, or to merge states: - **Process**: Changes to the boundaries, name, or status of states must be approved by a resolution in both Houses of Parliament. - **Special Status**: Articles like Article 3 of the Constitution of India enable Parliament to reorganize states, with the assent of the President. These changes require careful legislative consideration to maintain national unity and integrity. **Comparison with Other Countries** - **United States**: - **Executive Control**: In the US, the President and the Executive Branch are separate from the legislative branch. While Congress can pass resolutions and hold hearings, it does not control the day-to-day administration directly. - **Motions**: The US does not have a direct equivalent to the no-confidence motion or adjournment motion. Executive accountability is maintained through other mechanisms like impeachment and budgetary oversight. - **Monetary Control**: The US Congress controls the budget through the Appropriations Committees. However, there is no equivalent to India's extensive scrutiny of ministers through Question Hour or Parliamentary Motions. - **United Kingdom**: - **Parliamentary Control**: The UK Parliament exercises executive control through debates, questioning, and motions like censure motions. However, no-confidence motions in the UK usually lead to the dissolution of Parliament and general elections rather than direct resignation. - **Executive Functioning**: The UK's Prime Minister is both the leader of the government and a member of Parliament. This dual role allows a seamless relationship between the legislative and executive branches. - **Monetary Control**: The UK Parliament reviews the budget, and significant changes are made through the budget bills. The Chancellor of the Exchequer presents the budget and oversees public finances. By understanding these executive functions and mechanisms, the Union Parliament of India can effectively oversee the administration, ensuring that the government remains accountable to the people and reflects the will of the electorate through its elected representatives. This system not only provides checks and balances within the Indian polity but also aligns with international practices of legislative control over the executive. **Powers and Functions of the Union Parliament: Constituent Functions** The Union Parliament of India holds significant powers when it comes to making, amending, or altering the Constitution. These functions are crucial as they enable the Parliament to adapt the Constitution to changing times and needs. The constituent powers of the Union Parliament can be broadly categorized into the following areas: **1. Amendment of the Constitution: Process and Requirements** Amending the Indian Constitution is a unique power granted to the Parliament, reflecting its constituent nature. The procedure for amending the Constitution is outlined in Article 368 of the Indian Constitution. It involves a rigorous process to ensure that changes are made after careful consideration: - **Procedure**: - **Two-thirds Majority in Both Houses**: An amendment bill must be passed in both the Lok Sabha and the Rajya Sabha by a majority of not less than two-thirds of the members present and voting. - **Special Procedure for Certain Amendments**: Some amendments, particularly those affecting the basic structure or fundamental principles of the Constitution, may require special procedures. For example, changes to provisions dealing with the powers of the President, federal structure, or representation of states in Parliament, may require the approval of at least half of the states through resolutions in their respective legislatures. - **Categories of Amendments**: - **Simple Amendments**: These amendments deal with ordinary provisions of the Constitution and require only a majority vote in both Houses. - **Special Amendments**: These are more complex and pertain to fundamental changes in the structure or composition of the Constitution. For example, changes in the federal structure, powers of the judiciary, and the relationship between states and the Centre. - **Special Majority**: Some provisions of the Constitution, particularly those related to the basic structure of the Constitution, require a two-thirds majority and may necessitate ratification by the states. For example, amendments affecting the federal nature of the Constitution or the powers of the President may require ratification by a majority of state legislatures. **2. Requirements for Constitutional Amendments** The Union Parliament exercises its constituent power with a focus on both procedural and substantive requirements: - **Procedural Requirements**: - **Introduction of the Bill**: Any proposal for amendment can be initiated by the government or by private members. The proposal is then presented as a bill in either House of Parliament. - **Debate and Passage**: The bill goes through the normal legislative process of debate and voting. If it is approved by a two-thirds majority of members present and voting in each House, it is sent to the President for assent. - **Ratification by State Legislatures**: For amendments that affect the federal structure or fundamental principles of the Constitution, the assent of at least half of the state legislatures is required. - **Substantive Requirements**: - **Basic Structure Doctrine**: The Supreme Court of India has laid down that while the Parliament can amend the Constitution, it cannot alter or destroy its basic structure. The basic structure includes features like the federal character, separation of powers, and fundamental rights. - **Judicial Review**: The courts have the authority to review amendments to determine if they adhere to the basic structure principle. Amendments that violate this principle may be struck down. **3. Procedure for Specific Amendments** Some constitutional amendments have specific procedures based on the nature of the changes: - **Amendments Affecting the Federal Structure**: - These amendments require a two-thirds majority in both Houses of Parliament, as well as the approval of at least half of the state legislatures. - Examples include changes in the representation of states in the Rajya Sabha or alterations in the powers of state legislatures. - **Amendments Relating to Fundamental Rights**: - Amendments that seek to alter or reduce the scope of fundamental rights also require special procedures. This is because such changes affect the basic structure of the Constitution. - For instance, the 44th Amendment (1978) which restricted the power of the government to suspend fundamental rights during emergencies required ratification by at least one-half of the state legislatures. **4. Legislative vs. Constituent Powers** - **Legislative Powers**: These powers allow the Parliament to make laws on subjects in the Union, State, and Concurrent Lists as provided by the Constitution. Amendments to these lists require a two-thirds majority in both Houses. - **Constituent Powers**: These allow Parliament to amend the Constitution itself, reflecting its supreme authority in constitutional matters. While legislative powers are detailed and procedural, constituent powers are more overarching and transformative. **5. Comparison with Other Countries** - **United States**: - **Amendment Process**: The US Constitution is rigid, requiring approval by two-thirds of both the Senate and the House of Representatives, followed by ratification by three-fourths of the state legislatures. - **Supreme Court Review**: Amendments are reviewed by the judiciary to ensure they do not violate the Constitution's fundamental principles. This process is more straightforward compared to India's basic structure doctrine. - **Specific Amendments**: The US has had only 27 amendments since 1787, reflecting the difficulty in altering its fundamental structure. - **United Kingdom**: - **Parliamentary Sovereignty**: In the UK, there is no rigid procedure for amending the Constitution as there is no codified constitution. Changes are made through statutes passed by Parliament, which reflect the supremacy of Parliament. - **Bills of Rights**: Although there have been debates about a codified constitution, the UK's amendments tend to focus on specific changes to laws rather than altering fundamental principles. By understanding the constituent powers of the Union Parliament, it is evident that India has a structured and complex process for amending its Constitution. This reflects the country's commitment to a democratic, federal, and pluralistic framework, ensuring that changes to fundamental principles require careful consideration and widespread consensus. The comparison with other countries also highlights the unique approach of India to maintain its national integrity while adapting to changing circumstances. **Powers and Functions of the Union Parliament: Electoral Functions** The Union Parliament of India plays a crucial role in overseeing and regulating electoral processes within the country. This involves making laws related to elections, setting up guidelines for the conduct of elections, and handling disputes related to elections. The electoral functions of the Union Parliament can be understood through several key areas: **1. Enactment of Laws for Elections** The Union Parliament is empowered to legislate on various aspects of elections in India. The Constitution provides the framework, and Parliament makes laws to regulate the conduct of elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies. This includes setting rules for: - **Voter eligibility**: Who can and cannot vote. - **Nomination of candidates**: Procedures and criteria for becoming a candidate. - **Election schedules**: Timelines for the conduct of elections. - **Polling booths**: Allocation and conduct. - **Counting of votes**: Procedures and safeguards against malpractices. **2. The Representation of People Act, 1951** A landmark legislation in the context of electoral laws in India is the Representation of People Act, 1951. This Act provides detailed rules and regulations for the conduct of elections: - **Preparation of Electoral Rolls**: The Parliament makes provisions for the preparation, correction, and updating of electoral rolls to ensure all eligible voters are included. - **Conduct of Elections**: This includes the code of conduct for political parties and candidates, ensuring fair and free elections. - **Disqualification of Candidates**: The Act specifies circumstances under which candidates can be disqualified, such as criminal convictions, corrupt practices, and other unethical conduct. **3. Delimitation of Constituencies** The Union Parliament has the authority to regulate the delimitation (or reorganization) of constituencies. This is essential to maintain equality in representation: - **Redistribution of seats**: Periodically, the Parliament may alter the number and boundaries of constituencies to reflect changes in population and ensure equal representation. - **Delimitation Commission**: The Parliament can establish a Delimitation Commission to review and adjust constituency boundaries based on population growth or migration. - **Political and demographic changes**: The Commission ensures fair representation by taking into account factors like linguistic, cultural, and regional diversity. **4. Election Commission's Role and Powers** While the Parliament enacts laws related to elections, the actual conduct and supervision of elections fall under the purview of the Election Commission of India (ECI): - **Supervision and Regulation**: The ECI conducts and supervises elections to the Lok Sabha, State Legislative Assemblies, and the office of the President and Vice President. It implements the laws enacted by Parliament to ensure free and fair elections. - **Model Code of Conduct**: The ECI sets out the Model Code of Conduct which governs the behavior of political parties and candidates during the election period to prevent unfair practices. - **Representation and Decisions**: The Parliament may amend the powers and functions of the ECI through legislation to adapt to new challenges and requirements in the electoral process. **5. Voter Education and Awareness** The Parliament also takes an active role in promoting voter education and awareness: - **Voter Awareness Campaigns**: Initiatives like the National Voters Day aim to educate citizens about their rights and responsibilities as voters. - **Advisory Role**: The ECI works in coordination with the Union Parliament to inform the public and enhance the transparency of electoral processes. - **Electoral Roll Corrections**: Parliament enables procedures for corrections in electoral rolls, such as adding names, deleting names of deceased voters, and updating address changes. **6. Role in Disputes and Challenges** The Parliament plays a crucial role in resolving disputes and challenges related to elections: - **Petitions to the High Courts and the Supreme Court**: Candidates and political parties may challenge election results in the courts. The Parliament sets the grounds and procedures for these challenges. - **Election Tribunals**: In some cases, the Parliament may establish election tribunals to hear cases related to the validity of elections. These tribunals have the authority to annul elections on grounds of malpractices. **7. Comparison with Other Countries** - **United States**: - **Congressional Authority**: In the U.S., the Congress plays a crucial role in regulating federal elections through acts like the Voting Rights Act. The U.S. Congress has a substantial role in ensuring access to the vote for minorities and the disenfranchised. - **Federal vs. State Regulations**: While Congress sets broad guidelines, states have a considerable amount of power over the specifics of voting procedures, which differs from India's unitary regulatory approach by the Election Commission. - **United Kingdom**: - **Parliamentary Regulation**: In the UK, the Parliament regulates elections through acts like the Representation of the People Act 1983. However, there is less detailed legal provision compared to India, with much electoral administration carried out by the devolved governments in Scotland, Wales, and Northern Ireland. - **Electoral Commission**: The UK has an independent Electoral Commission that oversees elections, different from India's ECI which is under parliamentary control. By legislating detailed laws and overseeing their implementation, the Union Parliament of India ensures that elections are conducted fairly and transparently. This role in the electoral process is vital for the functioning of democracy in India, reflecting the complex interplay between law, regulation, and public participation. The comparison with other countries further illustrates the distinct role of the Indian Parliament in shaping electoral practices and ensuring the representation of its diverse electorate. **Powers and Functions of the Union Parliament: Judicial Functions** The Union Parliament of India holds significant powers related to the judicial functioning of the country. These powers allow it to oversee and influence the judiciary, ensuring accountability, checks and balances, and the maintenance of law and order. The judicial functions of the Union Parliament can be broadly categorized into the following key areas: **1. Impeachment of the President** One of the critical judicial functions of the Union Parliament is to impeach the President of India. The process involves: - **Grounds for Impeachment**: - The President can be impeached for **violation of the Constitution**. - Grounds may include **inability to discharge duties due to physical or mental incapacity**. - **Procedure**: - The impeachment process begins with a motion passed by either House of Parliament. - The motion must be signed by at least one-fourth of the total members of the House. - The motion is then sent to the other House (from where it originated) for consideration. - A resolution to impeach must be passed by a **two-thirds majority** of the members present and voting. - The resolution is then presented to the President for approval. - If the President does not resign after the passing of the resolution, the issue is taken to the Supreme Court, which investigates the grounds for impeachment. **2. Removal of Judges** The Union Parliament also plays a crucial role in the removal of judges of the Supreme Court and High Courts: - **Procedure for Removal**: - **Grounds for Removal**: Judges can be removed for **proven misbehavior or incapacity**. - A motion for the removal of a judge must be initiated in either House of Parliament. - The motion must be signed by **at least 100 members** in the Lok Sabha or **50 members** in the Rajya Sabha. - The motion is discussed and voted on by Parliament. - A **two-thirds majority of the members present and voting** is required in both Houses for the motion to pass. - If the motion is passed, the judge is removed from office. - **Checks and Balances**: The role of the Parliament in the removal process ensures that judges are held accountable while preventing frivolous charges or political interference. The judiciary's independence is protected through a rigorous process that requires significant parliamentary support. **3. Punishment for Disrespect to Parliament** The Union Parliament also exercises its judicial functions through mechanisms that maintain decorum and discipline among its members and those appearing before it: - **Contempt of Parliament**: The Parliament can punish any individual or entity for contempt, which includes: - **Disrespectful behavior or acts** that undermine the authority and dignity of the Parliament. - **Disregarding summons, obstruction, or interference in the proceedings** of the Parliament. - **Procedure**: - A motion for contempt can be initiated by either House of Parliament. - The motion must be supported by **at least 100 members** in the Lok Sabha or **50 members** in the Rajya Sabha. - The House discusses the motion and, if passed, the individual can face penalties such as imprisonment, fines, or both. - The Supreme Court may also intervene if the contempt is deemed severe or if there are doubts about the appropriateness of the punishment. **4. Role in Judicial Appointments** The Union Parliament also plays a role in the appointment of judges, particularly of the Supreme Court and the High Courts: - **Consultation Process**: The President of India appoints judges to the Supreme Court and High Courts based on the recommendations of the Chief Justice and consultation with other senior judges. - **Parliamentary Oversight**: While the primary role of recommending appointments lies with the judiciary, the Parliament has an advisory role through discussions, debates, and scrutiny of proposed appointments. - **National Commission for Judicial Appointments**: Recommendations for judicial appointments often pass through parliamentary committees that scrutinize the credentials and suitability of candidates. **5. Legislative Control over the Judiciary** The Parliament also legislates on matters affecting the judiciary, such as: - **Establishment and Regulation of Courts**: The Union Parliament has the power to establish and regulate the jurisdiction of various courts in the country, including their procedures, terms, and powers. - **Jurisdiction of Courts**: Parliament can specify the jurisdiction and powers of different courts to hear cases, including original jurisdiction (first hearing), appellate jurisdiction (review of decisions), and advisory jurisdiction (providing advice). - **Creation of Special Courts**: The Parliament may create special courts to handle specific types of cases, such as terrorism, economic offenses, and human rights violations. **6. Comparison with Other Countries** - **United States**: - **Impeachment of Judges**: The U.S. Congress has the authority to impeach federal judges for misconduct. The process is similar to that of the President but involves the House of Representatives initiating charges, followed by the Senate conducting the trial. A two-thirds vote in the Senate is required for removal. - **Role of the Judiciary in Legislation**: In the U.S., the judiciary has the power to review the constitutionality of laws (judicial review) and is independent of the legislative process, contrasting with the Union Parliament's role in regulating judicial appointments and controlling its members' decorum in India. - **United Kingdom**: - **Parliamentary Sovereignty**: The UK Parliament is supreme and can legislate on judicial matters without the same restrictions as in India. Judges are appointed by the monarch on the recommendation of the Prime Minister, not through a legislative body. - **Role of Judicial Appointments Commission**: The UK has an independent Judicial Appointments Commission, whereas in India, parliamentary committees play a crucial role in the process, reflecting the different approaches to judicial independence and oversight. By understanding the judicial functions of the Union Parliament, it is evident that India has a structured mechanism to oversee the judiciary while maintaining checks and balances. This reflects a nuanced approach to governance, where legislative oversight is balanced with judicial independence. The comparison with other countries illustrates the unique role of the Indian Parliament in ensuring both accountability and autonomy within the judicial system. **Exclusive Powers of Lok Sabha: Financial, Ministerial, and in Joint Sittings** The Lok Sabha, also known as the House of the People, holds several exclusive powers in the Union Parliament of India. These powers are significant for its functioning and reflect its primary role as the direct representative of the people. Below are the key exclusive powers of the Lok Sabha, divided into financial, ministerial, and joint sitting-related functions: **1. Financial Powers** The Lok Sabha is vested with special powers related to finances, which include control over national revenue, expenditure, and the power to impose and alter taxes. These powers ensure that the government is accountable to the people's representatives for its financial policies. - **Introduction and Passage of Money Bills**: - **Power to initiate money bills**: The Lok Sabha is the exclusive custodian of the power to introduce money bills. A money bill contains provisions related to: - **Imposition, abolition, remission, alteration, or regulation of taxes**. - **Borrowing of money by the government, including the issue of bonds**. - **Custody of consolidated funds**. - **Payment of money into or withdrawal from consolidated funds**. - **Special procedure**: Once introduced, a money bill can be passed by the Lok Sabha with or without amendments and sent to the Rajya Sabha for consideration. The Rajya Sabha can make recommendations which the Lok Sabha may accept or reject. - **Time frame**: The Rajya Sabha must return the bill within 14 days. If it does not, the bill is considered passed in its original form. - **No amendments by Rajya Sabha**: The Rajya Sabha cannot amend a money bill; it can only suggest changes. This provision ensures the Lok Sabha's supremacy in financial matters. - **Vote on Account, Supplementary Grants, and Excess Grants**: - **Vote on Account**: Before the annual budget is passed, the Lok Sabha grants interim approval for government expenditure for the first few months of the financial year. This ensures that the government can continue functioning without disruption. - **Supplementary Grants**: If there is a need for additional expenditure beyond what was approved, the Lok Sabha can pass supplementary grants to cover these expenses. - **Excess Grants**: If the actual expenditure exceeds the approved budget, the Lok Sabha may pass an excess grant to cover the excess spending. This process involves parliamentary scrutiny and accountability to ensure that the government does not exceed its budgetary allocations unnecessarily. **2. Ministerial Powers** The Lok Sabha holds significant powers in relation to the executive and the ministers who are accountable to it: - **No-Confidence Motion**: - **Power to initiate a No-Confidence Motion**: Only the Lok Sabha can bring a motion of no-confidence against the Council of Ministers. This motion must be supported by at least 50 members. - **Vote on No-Confidence Motion**: If passed by a simple majority, it requires the resignation of the Council of Ministers. This is a crucial check on the government's power and ensures that it has the support of the people's representatives. - **Effect of a No-Confidence Motion**: If the motion passes, it typically results in the resignation of the Prime Minister and the Council of Ministers, leading to either a new government formation or fresh elections. - **Power to remove Ministers**: - **Question of Confidence**: The Lok Sabha can also pass a motion of confidence to endorse the policies of the government. This motion is usually passed when the government seeks the Lok Sabha's approval for a particular action or policy. - **Parliamentary Debates**: The Lok Sabha can hold debates on various executive policies, allowing for discussion and scrutiny. Ministers must be prepared to explain and defend their actions and policies in the face of questioning and debate. - **Resignation of Ministers**: If a minister loses a vote of confidence, they must resign from their post. The Lok Sabha's control over the executive ensures that the government remains accountable to the people's representatives. **3. Powers in Joint Sittings** In certain situations, when there is a deadlock between the Lok Sabha and the Rajya Sabha, or when a particular bill is being discussed, the Lok Sabha's powers are especially critical: - **Resolution of Legislative Deadlock**: - **Joint Sitting of both Houses**: If a bill is rejected by the Rajya Sabha or if there is a disagreement between the two Houses over amendments to a bill, a joint sitting may be convened. - **Presiding officer**: The Speaker of the Lok Sabha presides over the joint sitting, ensuring that the decisions are aligned with the people's will as represented in the Lok Sabha. - **Decisive role**: In a joint sitting, the Lok Sabha's majority has greater influence due to its larger membership. This power reflects the democratic principle that the people's directly elected representatives (in the Lok Sabha) should have a decisive role in law-making. - **Money Bills in Joint Sittings**: - The Lok Sabha also has the exclusive power to amend and pass money bills in joint sittings. If there is a deadlock between the two Houses, the Speaker of the Lok Sabha may convene a joint sitting to pass the bill with the majority of members present and voting. - This provision ensures that financial legislation is not unduly delayed due to differences between the two Houses. **4. Comparison with Other Countries** - **United States**: - **Exclusive Powers of the House of Representatives**: Similar to the Lok Sabha, the House of Representatives in the U.S. has exclusive control over financial legislation. It initiates all revenue bills, including taxation and public expenditure bills. - **No-Confidence Motions**: Unlike in India, there is no direct counterpart to the no-confidence motion in the U.S. system. The President does not require parliamentary approval, and the impeachment process serves as a check on executive power. - **United Kingdom**: - **Financial Bills**: In the UK, the House of Commons (equivalent to the Lok Sabha) has the exclusive right to initiate financial legislation, including the annual budget. The House of Lords can suggest amendments, but the final approval rests with the Commons. - **Vote of Confidence**: The UK uses a vote of confidence to maintain control over the executive, similar to the no-confidence motion in India. If the government loses a vote of confidence, it may lead to resignation or the calling of new elections. By understanding these exclusive powers of the Lok Sabha, it is clear that they provide a crucial mechanism for ensuring democratic accountability and effective governance in India. The comparative analysis with other countries highlights the unique role of the Lok Sabha in overseeing the financial and executive actions of the government, ensuring that it remains responsive to the electorate's needs and preferences. **Exclusive Powers of the Rajya Sabha: Lawmaking in State List, Creation of All-India Services, and Permanency** The Rajya Sabha, also known as the Council of States, possesses certain exclusive powers that differentiate it from the Lok Sabha. These powers enable it to play a crucial role in lawmaking, administration, and maintaining the federal structure of the Indian government. Below are the key exclusive powers of the Rajya Sabha: **1. Lawmaking in the State List** The Rajya Sabha has the exclusive power to make laws on matters listed in the State List under the Seventh Schedule of the Indian Constitution. These matters are primarily related to the administration and control of state affairs. The Rajya Sabha's role in legislating on these subjects is crucial due to its function as a revising chamber, offering stability and continuity to the legislative process. Here's how it functions: - **Exclusive Power**: While the Lok Sabha initiates the majority of legislation, the Rajya Sabha can legislate on matters in the State List under certain circumstances: - **Concurrent Legislation**: The Rajya Sabha can legislate on issues under the Concurrent List in conjunction with the Lok Sabha. If the Rajya Sabha approves a bill on a matter in the State List that is also in the Concurrent List, it can become law. - **Resolution of Deadlocks**: If there is a deadlock between the two Houses regarding a bill on the Concurrent List, the Rajya Sabha's recommendations can be sent back to the Lok Sabha for reconsideration. If the Lok Sabha accepts the recommendations, the bill can become law. - **Procedure**: - A bill related to the State List can only be introduced in the Rajya Sabha if it is recommended by the President. - Once passed by the Rajya Sabha, the bill is sent to the Lok Sabha for approval. - The Lok Sabha may reject, accept, or amend the bill, and then it returns to the Rajya Sabha for further consideration. - The Rajya Sabha's power to recommend amendments ensures that bills undergo thorough scrutiny and debate. **2. Creation of All-India Services** The Rajya Sabha has the exclusive power to pass legislation related to the creation and regulation of All-India Services, which include the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS). These services are crucial for the uniform implementation of policies across the country, irrespective of state boundaries. The Rajya Sabha's role in this process is vital due to its representational role: - **Exclusive Power**: - **Legislation for All-India Services**: The Rajya Sabha is empowered to legislate on matters related to the All-India Services. This includes creating new services, setting the rules for their functioning, and determining their terms of service. - **Uniform Standards**: The Rajya Sabha ensures that the standards and recruitment procedures for these services are uniform across the country, maintaining consistency in administration. - **Recommendations and Amendments**: If the Rajya Sabha makes recommendations on a bill related to the All-India Services, the Lok Sabha can accept or reject these recommendations. This provision ensures that the recommendations are considered carefully before implementation. **3. Permanency of Legislation** The Rajya Sabha also plays a crucial role in ensuring the permanence of certain legislation. This involves laws that require stability, continuity, and protection from rapid changes: - **Protection of Laws**: - **Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002**: An ex

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