Indian Parliament PDF

## 12. The Indian Parliament ### Let Us Learn * Need for a Parliamentary Form of Government * Indian Parliament * Lok Sabha * Rajya Sabha * From Bill to Law ### Tune In What do you mean by a government? Who elects them? Do you think they can bring about change in the country? How? India is a di...

## 12. The Indian Parliament ### Let Us Learn * Need for a Parliamentary Form of Government * Indian Parliament * Lok Sabha * Rajya Sabha * From Bill to Law ### Tune In What do you mean by a government? Who elects them? Do you think they can bring about change in the country? How? India is a diverse country that is home to different communities of religions, castes, cultures, and languages. Our country is governed by a federal form of government in which the power is divided between the Central and state governments. You already know that India has a parliamentary form of government; that is, a government chosen by the citizens of the country through Universal Adult Franchise. This makes the government accountable to the legislature. The powers of the constitutional head can be used in special cases only. ### Need for a Parliamentary Form of Government India was a British colony for over 200 years. The prolonged freedom struggle, which witnessed the participation of people from all sections of society, and the inspiration from the ideas of freedom and equality are the main reasons why independent India adopted a parliamentary form of government. The authors of the Indian Constitution felt the need for a government that would be sensitive to people's needs and fulfill them as they were deprived of the same during the oppressive British rule. A parliamentary government has three branches - Legislature, Executive, and Judiciary. In this chapter, we will study about the Union Legislature or the Parliament. ### Indian Parliament The Indian Parliament consists of the President and the two houses: namely, the Lower House - Lok Sabha (House of the People), and the Upper House - Rajya Sabha (Council of States). India has a bicameral legislature, meaning the two Houses of Parliament function independently. The two Houses of Parliament meet at least twice a year. The Indian Parliament enacts laws on all subjects covered in the Union and Concurrent Lists as specified in the Seventh Schedule of the Indian Constitution. **Did You Know** The Seventh Schedule of the Indian Constitution specifically deals with the distribution of powers between the central and state legislatures. This is defined in three lists of the Schedule: namely, the Union List, State List, and Concurrent List. ### The President The President is the Constitutional head of the Union Legislature. The President is elected for a term of five years by an electoral college which consists of elected members of the Lok Sabha, Rajya Sabha, and state legislative assemblies. The President of India has constitutional and ceremonial powers and acts on the advice of the Prime Minister. The President is assisted by the Vice-President. **Tickle Your Brain** Why does the President, despite being the Constitutional head of the Union Legislature, only have ceremonial powers? Who has the actual powers of government in India? ### Lok Sabha Article 79 of the Constitution designates the House of the People, or the Lok Sabha, as the lower House of the Parliament. Members of the Lok Sabha directly represent the people who elect them on the basis of adult suffrage. *** ### Qualification of Membership * The member should be an Indian citizen. * He/She should be 25 years of age or older. * He/She should not hold any office of profit in the government. * His/Her name should be on the electoral list. * Should possess sound mind and not be an insolvent. ### Composition The Lok Sabha can have a maximum of 550 members (Of these, 530 members should represent the various states of India, and 20 members should be from the Union Territories). ### Election The members of the Lok Sabha are elected directly by the citizens on the basis of Universal Adult Suffrage. ### Term of Office Members are elected for a period of five years. The President of India has the power to dissolve the Lok Sabha on the advice of the Prime Minister. The President also has the power to extend the term, in case of an emergency, but only for one year. **Did You Know** Each House of the Indian Parliament has a designated leader. For the Lok Sabha, it is the Prime Minister, who is also the Leader of the majority party in the House. The Prime Minister appoints the senior-most minister in the Rajya Sabha as its Leader. ### Presiding Officer The presiding officer of the Lok Sabha is the Speaker who is elected by the members of the Lok Sabha. He/She is assisted by a Deputy Speaker, elected in the same way as the Speaker. ### Powers and Functions **Legislative powers** * The primary function of the Lok Sabha is the introduction of bills that finally become laws. * Under certain exceptional circumstances, Parliament can legislate on subjects in the State List if it’s in the national interest or if a state legislature requests it. In such cases, a two-thirds majority in both the Lok Sabha and Rajya Sabha is needed to pass the law. However, the Lok Sabha cannot legislate on subjects exclusively under the state jurisdiction. Bills passed by the Lok Sabha are sent to the Rajya Sabha. Following this, if the Rajya Sabha does not pass the bill within six months, a joint session of both Houses is held. If, at the joint sitting of the Houses, the Bill is passed by a majority of the total number of Members of both the Houses present and voting, with the amendments, if any, accepted by them, the Bill is deemed to have been passed by both the Houses. There cannot be a joint sitting of both Houses on a Constitution Amendment Bill. * Money bills moved to the Rajya Sabha have to be passed within fourteen days. In case the Rajya Sabha fails to meet this deadline, the bill is deemed to have been passed. **Financial powers** * Only the Lok Sabha has the power to introduce money bills. * The Lok Sabha sanctions and passes the budget. * It can change or abolish any tax by passing a bill. **Power to control the Executive** The Council of Ministers is accountable to the Lok Sabha. If the Council's work is found to be unsatisfactory, the Lok Sabha can compel it to resign by passing a vote of no confidence against it. This is a special power reserved for the Lok Sabha. **Constitutional power** The Lok Sabha, along with the Rajya Sabha, has the power to amend the Constitution of India. **Electoral powers** * The Lok Sabha takes part in the election of the President and Vice President. * The Lok Sabha also elects the Speaker and Deputy Speaker. **Judicial power** Members of the Lok Sabha can participate in the impeachment procedure of the President of India. **Rapid Round** 1. Why did India adopt a parliamentary form of government post-independence? 2. What are the qualifications of membership to the Lok Sabha? 3. How does the Lok Sabha control the Executive of India? ### Rajya Sabha The Rajya Sabha is the Upper House of the Indian Parliament, comprising the Council of States. The members of the Rajya Sabha represent the states and Union Territories and are also nominated by the President of India. *** ### Qualification of Membership * The member should be an Indian citizen. * He/She should have completed 30 years of age. * He/She should not hold any office of profit in the government. * His/Her name should be on the electoral list. * He/She should possess sound mind and not be an insolvent. ### Composition The Rajya Sabha can have a maximum of 250 members of which 12 are nominated by the President of India from among persons with special knowledge or practical experience in the fields of literature, science, art, sports, etc. ### Election Rajya Sabha members are elected by the members of the State Legislative Assemblies. ### Term of Office Members of the Rajya Sabha are selected for a period of six years. One-third of the members retire every two years and the same number of members is elected again. The Rajya Sabha cannot be dissolved. ### Presiding Officer The Vice President is the ex-officio Chairperson of the Rajya Sabha. He is supported by the Deputy Chairman, who presides over sessions in the absence of the Chairman. ### Powers and Functions **Legislative powers** * A bill becomes a law only after it is passed by the Rajya Sabha. * Under certain exceptional circumstances, the Lok Sabha can legislate on matters on the State List only after the approval of two-third members of the Rajya Sabha. * The Rajya Sabha has the power to initiate a bill on any subject, except for a money bill. * The Rajya Sabha can delay a bill for six months. This power enables it to check hurried legislations. **Constitutional power** The Rajya Sabha, along with the Lok Sabha, can amend the Indian Constitution. **Electoral power** The Rajya Sabha takes part in the election of the President and Vice-President of the country. **Judicial power** Members of the Rajya Sabha can participate in the impeachment procedure of the President of India. **Special power** * The Rajya Sabha can declare a subject to be of national importance and ask the Parliament to legislate on it. * In the event of the dissolution of the Lok Sabha, the Rajya Sabha takes over its functions. ### From Bill to Law **BILL TO LAW** * **First Reading:** The bill is introduced by a member of Parliament in either of the Houses. * **Second Reading:** Each clause of the bill is discussed and changed, if required. * **Third Reading:** The member to have introduced the bill states that 'the bill be moved'. The discussion is very limited. After the bill is passed, it is moved to the other House for its approval. * **Procedure in the other house:** The same procedure of three readings is followed in the second House as well. * **Joint Sitting of the two houses:** If the bill is not passed by the second House, a joint session of the Houses is held and the bill is voted upon. When both the Houses pass the bill, it is sent to the President for approval. * **President Assent:** If the President does not approve of the bill, it is sent back to the House from where it originated and the same procedure is repeated. If the President signs the bill, eventually, the bill becomes a law. However, the President can reject a bill only once. If it comes to him/her again, with or without amendments, the President is bound to sign it. **Word Galaxy** * **assent -** the expression of approval or agreement **Rapid Round** 1. Describe the composition of the Rajya Sabha. 2. What are the legislative powers of the Rajya Sabha? 3. What does "President Assent" mean? ### Case Study - Payment of Wages Act The Payment of Wages Act, 1936, regulates the payment of wages to workers in the railways, oilfields, mines, factories, and other industries. It protects workers from illegal deduction in wages and unnecessary delays in the payment of wages. The main provisions of the Act are: * The wage period should be fixed by every employer and it should not exceed a month. * The wages should be paid on a working day. In a company of less than 1000 employees, the wages should be paid before or on the 7th day of the last day of the wage period. In a company with more than 1000 employees, this can be stretched till the 10th day. * Workers should be issued wage slips that contain all the details of the wages paid to them. * Wages can be deducted according to specified rules given in the Act, for example, fines, absence from duty, housing accommodation provided, etc. Following amendments, the Act is known as the Payment of Wages (Amendment) Act 2017. Under this Act, wages are to be paid in coin or cash or by cheque or by crediting it into his/her bank account. The Payment of Wages Act is applicable to employees earning wages up to INR 24,000/- per month **Did You Know** The POCSO Act, or the Protection of Children from Sexual Offences Act, is a law in India that protects children from sexual abuse and exploitation. It was enacted in 2012 and has been amended several times since then. The POCSO Act was amended in 2019 to make the law more stringent and effective in protecting children. Some of the key amendments include: * Increasing the minimum punishment for aggravated sexual assault on a child below the age of 16 to a term of 20 years or more, with a possibility of life imprisonment. * Introducing new offences such as stalking online /digital sexual abuse, and the use of children for inappropriate content. It is proposed to levy fine for not destroying/or deleting/ or reporting the inappropriate material involving a child. The POCSO Act amendments are a testament to the commitment of the Indian Parliament to protecting children from sexual abuse and exploitation. However, it is important to remember that everyone has a role to play in keeping children safe. Parents, caregivers, and children themselves all need to be aware of the risks of sexual abuse and take steps to prevent it. **Rapid Round** 1. What is the Payment of Wages Act? 2. What is the Payment of Wages (Amendment) Act? ### Global Connection #### The British Parliament The House of Commons, the House of Lords, and the British sovereign make up the British Parliament, which is also referred to as the "Mother of Parliaments." The word 'Parliament,' which originally meant "a talk," was first used in the thirteenth century to refer to conversations between monks after supper. The phase was first used in a council meeting between bishops, earls, and barons in 1239 by the English monk Matthew Paris of the Abbey of St. Albans. The Model Parliament of 1295 saw the inclusion of the lower clergy for the first time, along with two knights from each county, two burgesses from each borough, and two citizens from each city. The Model Parliament is generally viewed by historians as the first representative parliament. *** ### The Indian Parliament * **President:** President * Assent * **Need for a Parliamentary Form of Government:** * Indian Parliament * President of India * Lok Sabha * Qualifications * Composition * Election * Term of Office * Presiding Officer * Powers and Functions * First Reading * Second Reading * Third Reading * Procedure in Other House * Joint Sitting of Two Houses * From Bill to Law * Rajya Sabha * Qualifications * Composition * Election * Term of Office * Presiding Officer * Powers and Functions * Case Study - Payment of Wages Act <br> *** This image describes the Indian Parliament with specific information on the Lok Sabha and the Rajya Sabha. The image also includes information on The President and the process from bill to law. There is a case study on the Payment of Wages Act. It also includes a concept map for the Indian Parliament and information on "The British Parliament" as a global connection.