The Indian Parliament PDF

T he Indian Parliament LARRDIS (L.C.)/2012 © 2012 Lok Sabha Secretariat, New Delhi Published under Rule 382 of the Rules of Procedure and Conduct of Business in Lok Sabha (Fourteenth Edition). T he Indian Parliament Editor T. K. Viswanathan Secre...

T he Indian Parliament LARRDIS (L.C.)/2012 © 2012 Lok Sabha Secretariat, New Delhi Published under Rule 382 of the Rules of Procedure and Conduct of Business in Lok Sabha (Fourteenth Edition). T he Indian Parliament Editor T. K. Viswanathan Secretary-General Lok Sabha Lok Sabha Secretariat New Delhi  Foreword I n the over six decades that our Parliament has served its exalted purpose, it has witnessed India change from a feudally administered colony to a liberal democracy that is today the world's largest and also the most diverse. For not only has it been the country's supreme legislative body it has also ensured that the individual rights of each and every citizen of India remain inviolable. Like the Parliament building itself, power as configured by our Constitution radiates out from this supreme body of people's representatives. The Parliament represents the highest aspirations of the people, their desire to seek for themselves a better life. dignity, social equity and a sense of pride in belonging to a nation, a civilization that has always valued deliberation and contemplation over war and aggression. Democracy. as we understand it, derives its moral strength from the principle of Ahimsa or non-violence. In it is implicit the right of every Indian, rich or poor, mighty or humble, male or female to be heard. The Parliament, as we know, is the highest law making body. It also exercises complete budgetary control as it approves and monitors expenditure. The Executive derives its legitimacy from it and is accountable to it. A lesser known but undoubtedly very important function of the Indian Parliament has been its outstanding capacity to bring about social change, especially in a society that has been traditionally riven with stratifications. It is within the walls of this building that India has taken giant leaps towards becoming a modern and progressive society. This it has done by framing laws that have struck at the very roet of its deepest taboos and obscurantist practices. This book is a tribute to india's abiding faith in its democracy, it is also a tribute to this extraordinary Temple of the People which resonates with the sound of their collective will. The pictures contained in it showcase different aspects of the Indian Legislature, the grace and beauty of its magnificent architecture as well as the spirit that dwells within it. It also refers to the various procedural devices and institutional processes which regulate the functioning of this vibrant institution. I compliment Shri T. K. Viswanathan, Secretar-General of Lok Sabha, and his team for bringing out the seventh edition of the 'The Indian Parliament' I hope those in academia: political scientists and students and the people at large find it interesting. New Delhi Meira Kumar September 2012 Speaker, Lok Sabha  Preface The Indian Parliament is the highest deliberative body and supreme representative institution of the largest working democracy in the world. It is in its Chambers that the destiny of a nation of a billion plus people is shaped, and their expectations, concerns, problems and dreams are fulfilled. It is in this temple of democracy that the members of the two Houses of Parliament keep the Executive accountable at all times and closely monitor the policies and programmes for national welfare. The institution of Parliament, since India’s Independence, is in a continuous state of evolution, adopting and adapting itself to the changing times and striving to actualize the aspirations of the people. Needless to say, it is imperative that the performance of Parliament, its operational dynamics and its varied activities should be communicated to the people so as to sustain their trust and confidence in its efficacy as the people’s institution par excellence. This publication provides basic and essential information about our parliamentary heritage, the functioning of Parliament, the practices and procedures that are followed therein, support services for members, etc. Several photographs of Parliament House and its Chambers, Parliament House Annexe, Parliament Library Building, and those of high dignitaries connected with the Houses of Parliament, have also been incorporated in the publication. We are deeply grateful to the Hon’ble Speaker, Lok Sabha, Smt. Meira Kumar, for contributing an illuminating Foreword to the publication. The Hon’ble Speaker has been a great source of inspiration and guidance in bringing out this volume, and we are immensely indebted to her for that. We hope the publication will be found useful and informative by all readers. T. K. Viswanathan New Delhi Secretary-General September 2012 Lok Sabha  F oreward Contents Page Preface I. Towards the Establishment of Modern Parliament 1  Our Democratic Heritage 1  Development of Parliamentary Institutions 1  The Constituent Assembly 2  The Constitution 3  El ec to ra l S yst e m 4 II. The Parliament 5  The President 5  Rajya Sabha 6  LokSabha 9  C o nsti tu ti on al Sch e me 9  Relative Roles 10 III. How Parliamentary Democracy Works 11  The Prime Minister and the Council of Ministers 11  Th e Go ve rn me nt a nd t he Opp ositi o n 14  Th e Me m b e r o f P a rl i a m e n t 14  P oli tical P a rti es 15  C o alit io n Go ve rna nce 15 IV. Parliament—Role and Functions 17  Sessions and Parliamentary Business 17  Address by the President 18  P ro c e d u ra l D e vi c e s 19 Questions 19 Half-an-Hour Discussion 19 Calling Attention 20 Matters under Rule 377/Special Mentions 20 Short Duration Discussion 20 THE INDIAN PARLIAMENT | v  ‘Zero Hour’ 20 Adjournment Motion 20 No-Confidence Motion 21 Motion of Confidence 21 Resolutions 21 Statements by Ministers 21 Papers Laid on the Table of the House 21 The Legislative Process 22 First Reading 22 Reference of Bill to Standing Committee 22 Second Reading 22 Third Reading 23 Bill in the other House 23 Money Bills 23 Constitution Amendment Bill 24 Joint Sitting 24 Assent by the President 24 Financial Accountability 24 The Budget 25 General Discussion on the Budget 25 Consideration of the Demands for Grants by Departmentally-Related Standing Committees 25 Discussion on Demands for Grants 25 Guillotine 26 Vote on Account 26 Appropriation Bill 26 Finance Bill 26 Supplementary/Excess Grants 27 Decision of the House 27 Division 27 V. Parliamentary Debates 29 VI. Parliamentary Committees 31 Standing Committees 31 Financial Committees 31 Departmentally-Related Standing Committees 32 Other Standing Committees 33 Ad hoc Committees 34 VII. Parliamentary Forums 37 vi | The Indian Parliament VIII. Inter-Parliamentary Relations 41 Indian Parliamentary Group 41 Parliamentary Friendship Groups 42 IX. Parliamentary Functionaries 43 The Chairman, Rajya Sabha 43 The Speaker, Lok Sabha 43 Leader of the House 46 Leader of the Opposition 49 Deputy Chairman, Rajya Sabha 51 Deputy Speaker, Lok Sabha 52 Panel of Chairmen 52 Whips 52 The Secretary-General 54 X. The Secretariat 57 XI. Communicating Parliament 59 Telecasting of Parliamentary Proceedings–LSTV Channel 59 Parliamentary Websites 60 Parliament Library 62 Children’s Corner 63 Press and Public Relations 64 Right to Information 64 XII. Parliament Museum 65 XIII. Bureau of Parliamentary Studies and Training 67 XIV. Parliament Complex 69 Parliament House 69 Central Hall 73 Portraits in the Central Hall 73 Rajya Sabha Chamber 74 Lok Sabha Chamber 75 Lobbies and Galleries 76 Statues and Busts in Parliament House Precincts 77 Paintings 78 Inscriptions 84 Parliament House Annexe 87 Parliament Library Building 89 Extension to Parliament House Annexe 89 The Indian Parliament | vii  Mahatma Gandhi (2 October 1869 – 30 January 1948) The 16-feet high bronze statue of Mahatma Gandhi faces Building Gate No. 1 of Parliament House. The statue, sculpted by Shri Ram V. Sutar, was unveiled by Dr. Shanker Dayal Sharma, the then President of India, on 2 October 1993. 10 | The Indian Parliament  1 Towards the Establishment of Modern Parliament Our Democratic Heritage A full-fledged parliamentary system of government with its concomitant institutional framework is a gift of the Republican Constitution of 1950. However, representative institutions and democratic traditions have all along been an integral part of India’s rich heritage. The roots of our democratic institutions date back to the Vedic period, about 3000 B.C., when popular assemblies and elective monarchies were prevalent. The tradition of republicanism flourished in various parts of the country for nearly sixteen centuries from 1000 B.C. to 600 A.D. Popular assemblies like the Samiti, an assembly of people’s representatives, and the Sabha, a smaller selected body of elders, functioned for disposing of public business through consultation, discussion and debate. Democracy at the grassroots thrived in the form of Panchayats and Gram Sabhas which continued to flourish through the ancient and medieval periods till the advent of the British Rule and even thereafter, in one form or the other. Development of Parliamentary Institutions The growth of modern parliamentary institutions in India can be traced to our struggle against foreign rule and the urge for establishing democratic institutions. The democratic foundations dating back to several millennia, the democratic norms and ethos that evolved over those centuries, and above all, the inherent faith of the people in democratic functioning have greatly facilitated the adoption of parliamentary democracy through a gradual process. The Charter Act of 1833, for the first time, provided that the Governor-General’s Government may be known as the Government of India and his Council as the Indian Council and introduced centralization in the legislative sphere. There was, however, no legislative body distinct from the Executive until 1853. The Charter Act of 1853 provided some sort of a separate ‘Legislature’ in the form of a 12-member Legislative Council which included the Governor-General, four members of his Executive Council, the Chief Justice and another Judge of the Supreme Court and others. The First War of Independence in the year 1857 represented a watershed event in the history of modern India, as it shook the foundations of the century-old British Rule and compelled them to usher in legislative reforms and establish closer contact with the people of the country. As a result, the Government of India Act, 1858 was enacted which was perhaps the first statute Preamble to the Constitution of India as it appears in the original calligraphed copy The Indian Parliament | 1 towards governance of India under the direct rule of the British Government. The Indian Councils Act of 1861 set in motion the scheme of legislative devolution and the Indian Councils Act of 1892, for the first time, provided for the filling up of some seats in the Legislative Councils through elections. The expansion of the Legislative Councils and the enlargement of their powers were provided for by the Government of India Act of 1909, which implemented the Morley-Minto Reforms. The Government of India Act, 1919 which gave effect to the Montague-Chelmsford Reforms, was a landmark in the constitutional history of India as it introduced a bicameral Legislature at the Centre and introduced some elements of responsible Government in the Provinces. The Central Legislature consisted of the Governor-General and the two Houses—the Legislative Assembly and the Council of State. The first Legislative Assembly constituted under the 1919 Act came into being at the Centre in 1921. Even after the enactment of the Government of India Act, 1935, which introduced federal features and provincial autonomy in the system and also made provisions for the distribution of legislative powers between the Centre and the Provinces, the constitution of the Central Government in India, by and large, remained what it was under the Act of 1919 since the federal part of the 1935 Act never came into operation. The Central Legislature continued to function for over a quarter century from 1921 to 1947. The Constituent Assembly The Constituent Assembly, the first representative body of the people of India, which was entrusted to function as the Constitution-making body for independent India, commenced the momentous task on 9 December 1946. The members of the Constituent Assembly were chosen through indirect election by the members of the Provincial Legislative Assemblies. The Indian Independence Act of 1947 enacted by the British Parliament declared the Constituent Assembly to be a fully sovereign body and the Central Legislative Assembly and the Council of States ceased to exist from 14 August 1947. With the dawn of Independence on the midnight of 14-15 August 1947, the Constituent Assembly assumed full powers and took over as the Legislative Assembly of Independent India. The two functions of the Constituent Assembly, that is Constitution-making and Legislation, were clearly separated and the Constituent Assembly (Legislative) commenced functioning from 17 November 1947. The Constituent Assembly, with Dr. Rajendra Prasad as its President and Dr. B.R. Ambedkar as the Chairman A view of the Central Hall from the Gallery 2 | The Indian Parliament of the Drafting Committee, held intensive deliberations in the Central Hall of Parliament House for a long period of 2 years, 11 months and 17 days spread over eleven Sessions and gave an outstanding parchment, an ideal for a resurgent India. The Constitution was adopted by We, the People of India, on 26 November 1949 and the members of the Constituent Assembly appended their signatures to it on 24 January 1950. The Constitution which came into force on 26 January 1950 had 395 Articles and 8 Schedules and the distinction of being the lengthiest Constitution in the world. Immediately before the commencement of the Constitution, the Constituent Assembly became the Provisional Parliament of India and functioned as such until the first General Elections based on adult franchise were held in 1952. The Parliament so constituted was in accordance with the provisions of the new Constitution. Ever since, the nation has been guided by the ennobling ideals laid down in the Constitution which has turned out to be one of the greatest and finest republican Constitutions. The Constitution India, a Union of 28 States and 7 Union territories is a Sovereign, Socialist, Secular, Democratic Republic, governed by the Constitution—the supreme law of the land. The Constitution envisages a parliamentary form of Government in which the Executive is drawn from both the Houses of Parliament and is collectively responsible to the elected representatives of the people. The Constitution of India is federal in form but unitary in character. It is, in fact, a federation with strong unitary features. Under the scheme of the Constitution, the three main organs of the State are the Legislature, the Executive and the Judiciary. The Constitution defines their powers, delimits their jurisdictions, demarcates their responsibilities and regulates their relationship with one another and the people. The Constitution envisages separation of powers among the three organs of State and each functions within its limits; what is envisaged is a harmonious relationship among them. The relationship between the Executive and the Legislature is one that is most intimate and is envisaged as representing inseparable partners in the business of the Government. The Judiciary, on A closer view of the dais of the Central Hall the other hand, is an independent authority empowered by the Constitution to consider the legality and constitutionality of the orders of the Executive and the laws enacted by the Legislature. The Indian Constitution is rightly described as partly flexible and partly rigid due to its inherent amending procedure which provides for amendment by simple majority, special majority and in exceptional cases special majority with ratification by at least one-half of the State Legislatures. The Constitution has been amended ninety-five times thereby bringing in socio-economic changes towards building an egalitarian society. Electoral System India, a constitutional democracy with a parliamentary system of Government, is committed to holding regular, free and fair elections. The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the Parliament and to the State Legislatures and of elections to the Offices of the President and the Vice-President are vested in the Election Commission by the Constitution. The Election Commission, an independent electoral machinery, consists of the Chief Election Commissioner and two Election Commissioners. The Parliament, from time to time, makes provisions with respect to all matters relating to, or in connection with, elections to the Parliament and the State Legislatures, including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of the Houses. The Representation of the People Act, 1950 incorporates extensive provisions, especially relating to disqualification of electors, and the Representation of the People Act, 1951 deals with the overall conduct of elections, including provisions and procedure for disqualification of elected representatives on certain specified grounds. The electoral pattern of first-past-the-post system based on adult franchise ensures that direct elections, held every five years, are truly participatory in both form and content. For the Lok Sabha elections, the country is divided into 543 parliamentary constituencies and the electors (18 years and above) cast one vote each for the candidate of their choice. Voters waiting to exercise their franchise in the General Election An elderly lady being guided on how to use the Electronic Voting Machine  2 The Parliament The Parliament of India is a bicameral Legislature consisting of the President and the two Houses—the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). Though the President is not a member of either House of Parliament, he/ she is an integral part of the Parliament and performs certain functions relating to its proceedings. The President The President of the Republic is directly elected by an electoral college consisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of the States for a period of five years and is eligible for re-election to that office. The President is the Constitutional Head of State and in the discharge of all functions, the President acts on the aid and advise of the Prime Minister and the Council of Ministers, which is responsible to the House of the People, that is, the Lok Sabha. Though the President is a constituent part of the Parliament, the President does not sit or participate in the discussions in either of the two Houses. As part of the constitutional functions with respect to the Parliament, the President summons and prorogues the two Houses from time to time and also has the power to dissolve the Lok Sabha. At the commencement of the first Session after each General Election to the Lok Sabha and at the commencement of the first Session of Parliament each year, the President addresses members of both the Houses assembled together in the Central Hall of Parliament House. The President, among other things, is empowered to send messages to either House, whether with respect to a Bill pending in Parliament or otherwise. Certain Bills can be introduced and proceeded only after the recommendation of the President has been so obtained. Not only that, when both the Houses are not in Session and the President is satisfied that circumstances exist which render it necessary to take immediate action, the President promulgates Ordinances having the same force and effect as a law passed by the Parliament. The President’s assent is essential for a Bill passed by both Houses to become a law. There are certain other functions which the President performs under the Constitution in relation to the Parliament. The President appoints the Speaker pro tem of the Lok Sabha and the acting Chairman of the Rajya Sabha, as and when the need arises. The President summons the joint sitting of both the Houses in case of a disagreement between them on a Bill. The President causes to be laid, every year, before the Parliament, the Budget of the Government. Besides, the President is empowered to The Indian Parliament | 5 decide, after obtaining the opinion of the Election Commission, whether any member, duly elected, attracts disqualifications laid down in the Constitution. The President’s decision in this matter is final. In the event of the occurrence of any vacancy in the Office of the President by reason of death, resignation or removal, or otherwise, the Vice-President acts as the President until the date on which a new President is elected in accordance with the Constitution. The Vice-President of India is also the Chairman of Rajya Sabha. Rajya Sabha The Rajya Sabha, the Council of States, is an indirectly elected House consisting of not more than 250 members, out of which 238 members represent the States and the Union territories while the remaining 12 are nominated by the President for their special knowledge or practical experience in literature, science, art and social service. The members of the Rajya Sabha from each State are elected by the elected members of the Legislative Assembly of the respective State in accordance with the system of proportional representation by means of single transferable vote. Each State is, however, represented by at least one member. The members of the Union territories in the Rajya Sabha are chosen in such manner as Parliament may by law prescribe. The Rajya Sabha at present consists of 245 members, out of which 233 represent the States and Union territories and 12 are nominated members. The minimum qualifying age for the membership of Rajya Sabha is 30 years. The Rajya Sabha is a permanent body not subject to dissolution but one-third of its members retire rotationally after every two years and are replaced by newly-elected members. The term of an individual member of the Rajya Sabha is six years. The Rajya Sabha was constituted for the first time on 3 April 1952 and the first sitting of the House was held on 13 May 1952. 6 | The Indian Parliament  Presidents of India Shri Pranab Mukherjee Smt. Pratibha Devisingh Patil Dr. A.P.J. Abdul Kalam Shri K.R. Narayanan Dr. Shanker Dayal Sharma (25 July 2012–Till date) (25 July 2007–25 July 2012) (25 July 2002–25 July 2007) (25 July 1997–25 July 2002) (25 July 1992–25 July 1997) Shri R. Venkataraman Giani Zail Singh Dr. Neelam Sanjiva Reddy Shri Basappa Danappa Jatti Shri Fakhruddin Ali Ahmed (25 July 1987–25 July 1992) (25 July 1982–25 July 1987) (25 July 1977–25 July 1982) (11 February 1977–25 July 1977) (Acting) (24 August 1974–11 February 1977) Shri M. Hidayatullah Shri Varahagiri Venkata Giri Dr. Zakir Husain Dr. Sarvepalli Radhakrishnan Dr. Rajendra Prasad (20 July 1969–24 August 1969) (Acting) (24 August 1969–24 August 1974, (13 May 1967– 3 May 1969) (13 May 1962–13 May 1967) (26 January 1950–13 May 1962) 3 May 1969–20 July 1969) (Acting)  Vice-Presidents of India & Chairmen of Rajya Sabha Mohammad Hamid Ansari Shri Bhairon Singh Shekhawat (11 August 2007–Till date) (19 August 2002–21 July 2007) Shri Krishan Kant Shri K.R. Narayanan Dr. Shanker Dayal Sharma Shri R. Venkataraman Shri M. Hidayatullah (21 August 1997–27 July 2002) (21 August 1992–24 July 1997) (3 September 1987–24 July 1992) (31 August 1984–24 July 1987) (31 August 1979–30 August 1984) Shri Basappa Danappa Jatti Shri Gopal Swarup Pathak Shri Varahagiri Venkata Giri Dr. Zakir Husain Dr. Sarvepalli Radhakrishnan (31 August 1974–30 August 1979) (31 August 1969–30 August 1974) (13 May 1967–3 May 1969) (13 May 1962–12 May 1967) (13 May 1952–12 May 1962) Lok Sabha The Lok Sabha, the House of the People, as the name signifies, is the body of the representatives of the people. Its members are directly elected, once in five years, on the basis of adult suffrage. The maximum strength of the Lok Sabha, as envisaged by the Constitution, is 552. Out of this, 530 members represent the States and 20 members represent the Union territories and 2 members are nominated by the President from the Anglo-Indian community if the President is of the opinion that the community is not adequately represented in the House. For the purpose of allocation of seats, each State is divided into territorial constituencies in such a manner that the ratio between the number of seats allotted to each State and the population of the State is, so far as practicable, the same for all the States. The Constitution specifically restricts any increase in the number of seats in the Lok Sabha till the year 2026. The Lok Sabha presently consists of 545 members, including two nominated members. The minimum qualifying age for membership of the Lok Sabha is 25 years. Every citizen of India, male or female, who is 18 years of age, is entitled to vote in the elections to the Lok Sabha, unless otherwise disqualified by the Constitution. The Lok Sabha, unless sooner dissolved, continues for five years from the date appointed for its first sitting. But while a Proclamation of Emergency is in operation, the term of the Lok Sabha may be extended by law by the Parliament for one year at a time and not exceeding in any case beyond a period of six months after the Proclamation has ceased to operate. The First Lok Sabha was constituted on 17 April 1952 and the House met for the first time on 13 May 1952; so far, Fifteen Lok Sabhas have been constituted. Constitutional Scheme As in other parliamentary democracies, the Indian Parliament has the cardinal functions of legislation, overseeing of administration, passing of the Budget, ventilation of public grievances, discussion of national policies, etc. The scheme of distribution of powers between the Union and the States, followed in the Constitution, emphasises in many ways the general predominance of Parliament in the legislative field. Apart from the wide range of subjects allotted to it in the Seventh Schedule of the Constitution, even in normal times, Parliament can, under certain circumstances, assume legislative power over a subject falling within the sphere exclusively reserved for the States. Further, in times of grave emergency when the security of India or any part thereof is threatened by war or external aggression or armed rebellion, and a Proclamation of Emergency is made by the President, Parliament acquires the power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. Similarly, in the event of the failure of the constitutional machinery in a State, the powers of the Legislature of that State become exercisable by or under the authority of Parliament. Besides the power to legislate on a very wide field, the Constitution vests in the Parliament the constituent power or the power to initiate amendment of the Constitution. Under the Constitution, the Council of Ministers is collectively responsible to the Lok Sabha. One of the effective methods by which Parliament exercises check over the Executive is through its control over finance. Besides, the procedures of Parliament afford ample opportunities for the enforcement of ministerial responsibility, for assessing The Indian Parliament | 9 and influencing governmental policies as well as for ventilating public grievances. The procedure of Questions, with possibilities of supplementaries, and, in case of inconclusive or unsatisfactory answer Half-an-Hour Discussions, Calling Attentions, Motions, Short Duration Discussions, Matters under Rule 377, etc. enable information to be elicited and attention focused on various aspects of governmental activities. The more significant occasions for review of administration are provided by the discussions on the Motion of Thanks on the Address by the President, the Budget, including Demands for Grants from various Ministries and Departments, and the proposals to raise funds to meet the expenditure. These apart, specific matters may be discussed through motions on matters of urgent public importance, private members’ resolutions and other substantive motions. In extreme cases, the Government can be censured or a motion of No-confidence can be moved against the Council of Ministers. Along with these, a close and continuous check on governmental activities is exercised through a comprehensive system of Parliamentary Committees. Relative Roles As between the two Houses, the Lok Sabha has supremacy in financial matters. It is also the House to which the Council of Ministers, drawn from both the Houses, is collectively responsible. On the other hand, the Rajya Sabha has a special role in enabling Parliament to legislate on a State subject if it is necessary in the national interest. It has a similar power in regard to the creation of an All-India Service common to the Union and the States. In other respects, the Constitution proceeds on the theory of equality of status of the two Houses. Disagreement between the two Houses on amendments to a Bill is resolved at a joint sitting of both the Houses where questions are decided by a majority vote. 10 | The Indian Parliament  3 How Parliamentary Democracy Works Ours is a representative parliamentary democracy in which the people exercise their sovereign will through periodic elections and in which the directly elected representatives choose a Government that remains answerable to Parliament at all times. In this system, the political Executive heading the administration has the mandate of the people and it is through the Parliament that its accountability to the citizens is ensured. The Prime Minister and the Council of Ministers In India, the Executive powers are vested in the President, who is the Head of the State. The Constitution envisages that the President shall exercise the Executive powers with the aid and advise of the Council of Ministers, with the Prime Minister as its head. The Prime Minister, who is the Head of the Government, is appointed by the President, and the other Ministers are appointed by the President on the advise of the Prime Minister. The President appoints such person as the Prime Minister who is the leader of the largest political party who commands the majority support in the Lok Sabha after the elections. The term of the Council of Ministers is five years; however, it may remain in office only while enjoying the majority support of the Lok Sabha. The Opposition can move a No-confidence Motion in the Council of Ministers to express the want of confidence of the Lok Sabha and if such a motion is adopted, it results in the fall of the Government. The Government of the day can prove its majority in the House by moving a Motion of Confidence and winning the confidence of the Lok Sabha. Collective responsibility is the essence of Indian parliamentary democracy. There are two aspects to Executive responsibility: the Council of Ministers is collectively responsible to the Lok Sabha and the Ministers are individually responsible to Parliament for the work of the Ministries under their charge. Under ministerial responsibility, the Ministers owe responsibility for all matters and performance of the Departments they head. The accountability of the Council of Ministers involves a constant control of the Parliament over the Government as control and accountability go together. One of the basic objectives of a representative democracy is to see that governance is carried out according to the wishes of the people and it strives to meet their needs, fulfil their aspirations and promote their welfare. Parliamentary control over the The Indian Parliament | 11 A view of the colonnades along the first floor of Parliament House  Prime Ministers of India Dr. Manmohan Singh Shri Atal Bihari Vajpayee Shri I.K. Gujral Shri H.D. Deve Gowda (22 May 2004–Till date) (19 March 1998–22 May 2004, (21 April 1997–18 March 1998) (1 June 1996–21 April 1997) 16 May 1996–1 June 1996) Shri P.V. Narasimha Rao Shri Chandra Shekhar Shri Vishwanath Pratap Singh Shri Rajiv Gandhi Smt. Indira Gandhi (21 June 1991–16 May 1996) (10 November 1990–21 June 1991) (2 December 1989–10 November 1990) (31 October 1984–1 December 1989) (14 January 1980–31 October 1984, 24 January 1966–24 March 1977) Chaudhary Charan Singh Shri Morarji Desai Shri Lal Bahadur Shastri Shri Gulzari Lal Nanda Pandit Jawaharlal Nehru (28 July 1979–14 January 1980) (24 March 1977–28 July 1979) (9 June 1964–11 January 1966) (11 January 1966–24 January 1966 (Acting) (15 August 1947–27 May 1964) 27 May 1964–9 June 1964) Executive aims at ensuring that the Government of the day delivers and performs to the best of its ability for public good. Parliamentary surveillance is essential to ensure that Executive power is not misused or abused, as also a guarantee against misgovernance and malgovernance. Thus, the policies and programmes of the Executive are constantly subjected to parliamentary scrutiny. The Government and the Opposition Indian democracy is a system of alternatives—of alternative parties, alternative policies, principles, approaches and alternative leaders. In this system, today’s Opposition party could be tomorrow’s ruling party and vice-versa. A vigilant and functioning Opposition, therefore, has a positive and constructive role to play in the parliamentary system. The existence and effectiveness of the Opposition, in fact, accords greater legitimacy and strength to the Government. The Opposition provides constructive criticism of the policies and programmes of the Government and also keeps an unremmitting vigil on the ruling party by highlighting any of its acts of commission or omission. The success of democracy thus depends not only on how the Government performs but also on how responsive the Opposition is. Both the Government and the Opposition are aware that their authority rests on electoral support; thus, while criticizing the governmental policies, the Opposition pursues a supportive approach and extends its constructive cooperation in carrying out those policies, which are dictated by national interests and particularly those which involve the principle of continuity of policies. The Indian Parliament provides a forum to all members through several procedural devices to keep a constant and continued vigil on the Government. The members of the Opposition make use of such parliamentary devices to compel the Government to admit mistakes, if any, and adopt appropriate remedial measures. The General Discussion on the Budget and the Demands for Grants provide yet another opportunity to the Opposition to critically evaluate the performance of the Government. The other significant weapon in the armoury of the Opposition is the Motion of No-confidence. The Member of Parliament Every member of Parliament, before taking his/her seat in the House, is required to make the prescribed oath or affirmation as laid down in the Constitution. As an elected representative of the people, a member of Parliament is entrusted with onerous responsibilities. He is the representative and the leader of the people at one and the same time. As a representative, he reflects the hopes and aspirations of the people in the House and also conveys the message of the Government to the people. As a leader, it is his bounden duty to make the voice of the people heard, their expectations fulfilled, grievances redressed, and urges understood by the Government. He is the vital link between the Government and the society. A member of Parliament therefore fulfils a wide variety of roles and performs several functions, both inside and outside the House. Within the House, of course, he performs the classical roles ascribed to him by virtue of his elected position. In the constituency role, he functions as a safety valve, allowing citizens to express themselves in a way that might not otherwise be possible. He is an information provider to those who approach him seeking advice or information. A member is also a prominent local/regional dignitary. He functions as an active advocate too for local and provincial causes. In a different role, a member is a benefactor serving as the provider of some benefits or other to the needy. He is at once a powerful and influential friend to his constituents. Over and above all those, he is the promoter of constituency interests. How successful a parliamentarian is, depends ultimately on how well he is able to categorize priorities and then discharge the functions to the satisfaction of all concerned. 14 | The Indian Parliament Political Parties Political parties are an inseparable part of modern democracy, and the conduct of elections is largely dependent on their behaviour. Although a large number of candidates contesting the elections are independent, political parties offer candidates organizational support and a broader election campaign to help the voters make choices. In India, political pluralism prevails and is all pervasive in the Government as well as the Opposition. Over the years, the party system in the country has undergone an evolution from the one-party dominance of the 1950s and early 1960s to plurality and the coalition politics of the present. The prevalence of a multi-party system, including small and regional parties, enables a large number of political entities to participate in the elections to the Lok Sabha and the State Legislative Assemblies. Parties that wish to contest local, State or national elections are required to be registered by the Election Commission. There are as many as 38 political parties represented in the Fifteenth Lok Sabha with a strength of 545 members. The Indian National Congress (207), the Bharatiya Janata Party (115), the Samajwadi Party (22), the Bahujan Samaj Party (21), Janata Dal (United) (20), All India Trinamool Congress (19), Dravida Munnetra Kazhagam (18), Communist Party of India (Marxist) (16), Biju Janata Dal (14) and the Shiv Sena (11) are the major political parties in the House. Coalition Governance In the last twenty years or so, the political situation in India has undergone a dramatic change which has led to the emergence of an entirely new scenario. The changing political composition of Parliament and State Legislatures has led to the advent of coalition Governments. Both at the Union and the State levels, the country has witnessed parties or coalition of parties forming the Government, with the major political parties sitting in the Opposition. There are several parties which are not part of the coalition, but extend support to the Government from outside on the basis of specific issues. In the Thirteenth Lok Sabha, a coalition Government of the National Democratic Alliance led by the Bharatiya Janata Party was at the Centre. In the Fourteenth Lok Sabha, a coalition Government of the United Progressive Alliance led by the Indian National Congress was at the Centre. The Fifteenth Lok Sabha again threw up a coalition of the United Progressive Alliance headed by the Indian National Congress. The Indian Parliament | 15 A view of the lawns outside the Rajya Sabha Chairman’s Gate in Parliament House  4 Parliament—Role and Functions The Parliament of India, the supreme legislative and deliberative institution, occupies a pre-eminent and pivotal position in the country’s democratic set-up. The sovereign will of the people of India finds its full meaning and expression in the Chambers of this august institution. It encompasses into its fold a variety of roles to fulfil the hopes, aspirations and concerns of the millions of people of the country. Like other Parliaments, our Parliament too is not merely a law-making body. Over the decades, it has become more and more of a multi-functional institution performing an array of roles. It is the political nerve centre of the country, acting as a mirror of the society, accommodating the needs of the changing times, shouldering responsibilities and engaging itself fully in the process of running our parliamentary polity. As regards its leadership role, the Parliament has provided the right forum for the national leadership to guide the nation on the path of peace and prosperity and also as a training ground for elected representatives. On another plane, the Parliament, representing the diversity and plurality of the nation, also facilitates resolution of various conflicts within the polity and society and strengthens national unity and integrity. Thus, the Parliament has been rendering yeoman’s service in its conflict resolution and national integration roles. One of the important functions of the Parliament is to ensure that the administration and the Executive are accountable to the supreme representative body. This surveillance of administration is achieved through different procedural devices which provide sufficient opportunities to members to bring the Executive to book in case of any omission or commission on their part. Sessions and Parliamentary Business Parliament holds three Sessions in a year: (i) Budget Session—February-May; (ii) Monsoon Session—July-September; and (iii) Winter Session—November-December. The normal hours of sitting are from 11.00 to 13.00 hours and from 14.00 to 18.00 hours. There are, however, occasions when the Houses decide to sit late depending on the volume and importance of the business before them. The quorum to constitute a sitting of the House is one-tenth of the total members of the House. The Indian Parliament | 17 Parliamentary Business is broadly divided into Government Business and Private Members’ Business. The Government Business is further divided into two categories: (i) items of business initiated by the Government, including Legislative and Financial Business; and (ii) items of business initiated by private members but taken up in Government time. Address by the President The President addresses both the Houses of the Parliament, assembled together, at the commencement of the First Session after each General Election to the Lok Sabha and at the commencement of the First Session each year to inform the Parliament of the causes of its summons. The President’s Address is a solemn occasion. The President arrives at the Parliament House, where the President is received at the gate by the Presiding Officers and the Secretaries-General of both the Houses and conducted in a formal procession along with the Prime Minister and the Minister of Parliamentary Affairs to the Central Hall of Parliament House. As the procession enters the Hall, the Marshall announces the arrival of the President, and the members rise in their respective seats. With the President reaching the seat on the dais, a band positioned in the Lobby of the Central Hall to the right of the President, plays the National Anthem. Thereafter, as the President takes seat, the Presiding Officers occupy and the members resume their seats. The President then addresses the gathering. After the conclusion of the Address, the President rises, followed by the members when the National Anthem is played again. The President, thereafter, leaves the Hall in procession; the entire ceremony is marked by decorum and dignity befitting the occasion. The President Smt. Pratibha Devisingh Patil arriving in procession to address Members of Parliament on 21 February 2011. The Address by the President contains, inter alia, information about the policies and programmes which the Government intends to pursue and implement. A major occasion for discussion on Government policies and the review of administration by the Parliament is provided by the discussion on the Motion of Thanks on the Address by the President. Procedural Devices The Indian parliamentary system has developed several procedures and processes to help members to effectively participate in the proceedings and to ensure greater accountability of the Executive to the Parliament. Over the years, new procedures and reforms have become inevitable to meet the demands of the times and to make the Parliament perform its functions more effectively and purposively. Successive Lok Sabhas have introduced several new devices which have proved to be of immense value and have enabled the members to voice the grievances of the people; to draw the attention of the Government to important developments; to elicit information from the Executive; and to facilitate expeditious transaction of business. Questions The first hour of every sitting in both the Houses is normally devoted to Questions which are the most potent and effective device in the hands of the members. Questions are primarily asked to elicit information from the Government to ensure accountability and to ventilate the grievances of the public in matters concerning administration. There are three types of Questions: Starred, Unstarred and Short Notice. A Starred Question is one to which a member desires an oral answer in the House and answer to such a Question may be followed by Supplementary Questions, germane to the main one and arising out of the reply given by the Minister. In the case of an Unstarred Question, a written answer is laid on the Table of the House by the Minister concerned. 20 Questions are included in the List of Business for oral answers in both the Houses. 230 Questions are listed for written answers in the Lok Sabha whereas in the Rajya Sabha, upto 155 such Questions are listed each day during the Session. Certain initiatives have been taken by the Hon’ble Speaker of Lok Sabha, Smt. Meira Kumar, to further streamline the Question Hour. According to the amended/modified provisions: (i) for giving notices of Questions, a uniform period of 15 days is prescribed by doing away with the minimum and maximum period of 10 and 21 days, respectively; (ii) the Speaker has been vested with powers to direct answer to a Starred Question of a member who is absent in the House when his/her name is called; (iii) a Minister is now required to make a Statement in the House correcting the reply given earlier, irrespective of the fact whether the reply given to a Question was Starred or Unstarred or a Short Notice Question, etc.; and (iv) the number of notices of Questions which a member is entitled to give, both for oral and written answers, has been limited to 10. A Short Notice Question pertains to a matter of urgent public importance and can be asked on a shorter notice than the normally prescribed period for Questions. A Short Notice Question is answered after the Question Hour and may, as in the case of any Question for oral answer, give rise to supplementaries. Half-an-Hour Discussion Closely connected with the Question Hour is the provision for Half-an-Hour Discussion. When a member feels that the answer given to a recent Question, oral or written, is not complete and does not give the desired information or needs further elucidation, he can raise the matter under the device of Half-an-Hour Discussion for getting more information from the Minister. The Indian Parliament | 19 Calling Attention Calling Attention, an Indian procedural innovation, enables a member to draw the attention of a Minister to any matter of urgent public importance to which the Minister makes a brief Statement. There is no debate at the time the Statement is made by the Minister, but the members concerned may raise points for clarification and elucidation by the Minister. Although the process does not involve any censure of the Government as there is no discussion or voting, it helps members to point out any shortcoming in the actions of the Government in dealing with the matter. Matters under Rule 377/Special Mentions Another device for the ventilation of public grievances is what is known as ‘Matters under Rule 377’ in the Lok Sabha or ‘Special Mentions’ in the Rajya Sabha. A member who wishes to bring to the notice of the House any matter which is not a point of order can do so if he has given a notice thereof in writing to the Secretary-General and the Speaker has permitted him to raise such a matter in the House. Normally 20 members are permitted to raise such issues in the House every day; members are also permitted to read the text of the matter which should not ordinarily exceed 150 words. The relevant proceedings regarding matters raised under Rule 377 are sent to the Ministers concerned for replying directly to the respective members. Short Duration Discussion To provide opportunities to members to discuss matters of urgent public importance, a convention was established in 1953 whereby members could raise discussion for a short duration without a formal motion or vote thereon. Under the Short Duration Discussion, which later became part of the Rules, any member desirous of raising a discussion on a matter of urgent public importance may give notice in writing specifying clearly and precisely the matter desired to be raised. The notice shall be required to be accompanied by an explanatory note stating reasons for raising the discussion and supported by the signatures of at least two other members. The discussion concludes with a reply from the Minister concerned. ‘Zero Hour’ The period of time immediately after the Question Hour is over and before the regular business as entered in the List of Business is taken up, is referred to as the ‘Zero Hour’. During this period, members try to focus the attention of the House on recent developments of public interest. Although the term does not find place in the Rules of Procedure, it has become a popular device in practice. Considering that members cutting across party lines have found this practice useful, the ‘Zero Hour’ has been streamlined recently and is conducted in two phases. In the first phase, about five matters of urgent national and international importance are taken up after the Question Hour and in the second phase, the remaining matters for the day are taken up after all the listed business of the House is over. The Government is, however, under no obligation to respond to the matters raised during the ‘Zero Hour’. Adjournment Motion The primary objective of an Adjournment Motion is to draw the attention of the House to a recent matter of urgent public importance having serious consequences and in regard to which a motion or a resolution with proper notice will be too late. The Adjournment Motion is an extraordinary procedure. If admitted, it leads to setting aside the normal business of the House for discussing a definite matter of urgent public importance. While giving his consent to an Adjournment Motion, the Speaker is guided by the principles that the matter sought to be raised should be of recent occurrence, definite, urgent and of sufficient public importance to warrant interruption of the normal business of the House. Individual matters or matters pertaining to local grievances cannot be raised by way of an Adjournment Motion. Further, matters that are sub judice or do not involve direct or indirect responsibility of the Union Government cannot be raised under this device. It is also not permissible to raise a question of privilege by way of an Adjournment Motion. 20 | The Indian Parliament An Adjournment Motion involves an element of censure against the Government. In the event of an Adjournment Motion being adopted, the House automatically stands adjourned. No-Confidence Motion Collective responsibility is the essence of parliamentary democracy. The Council of Ministers must enjoy the confidence of the House at all times to remain in power. The Opposition Parties in Lok Sabha can move a No-confidence Motion in the Council of Ministers to express the lack of confidence of the House and such a motion, if adopted, results in the fall of the Government. Motion of Confidence The Motion of Confidence has come up as a new procedural device to cope with the emerging situations of fractured mandates resulting in hung Parliaments, minority Government, etc. in the last two decades or so. Governments formed with wafer-thin majority have been, in recent times, called upon by the President to prove their majority on the floor of the House. The Government of the day, sometimes, on its own, seeks to prove its majority by moving a Motion of Confidence and winning the confidence of the House. If the Confidence Motion is negatived, it results in the fall of the Government. Resolutions A member or a Minister may move a Resolution in the House relating to a matter of general public interest. It may be in the form of a declaration of opinion or a recommendation; or it may be in the form so as to record either approval or disapproval by the House of an act or policy of Government or convey a message; or commend, urge or request an action; or call attention to a matter or situation for consideration by the Government. The subject matter of a Resolution relates to a matter of general public interest, and only those matters which are primarily the concern of the Government of India form its subject matter. Resolutions are broadly divided into three categories: (i) Government Resolution; (ii) Statutory Resolution; and (iii) Private Members’ Resolution. Statements by Ministers In order to keep the House informed about matters of public importance or to state the Government’s policy in regard to matters of topical national interest, Ministers, from time to time, make Statements in the House. Papers Laid on the Table of the House Papers are laid on the Table of each House of Parliament either in compliance with specific provisions contained in the Constitution (Budget and other documents; Ordinances promulgated and Proclamations issued by the President; and Reports of various authorities constituted under the Constitution); various Union statutes (rules, sub-rules, regulations, by-laws framed by Executive authorities in exercise of the delegated powers of legislation, annual reports and audited accounts of public undertakings, reports of statutory bodies constituted under specific laws of Parliament) and the Rules of Procedure (reports of Select or Joint Committees on Bills, reports of Standing Parliamentary Committees, Petitions, Bills as passed by the Rajya Sabha, Bills returned by the President for reconsideration, etc.); or in pursuance of the directions issued by the Presiding Officers from time to time or in pursuance of the recommendations of Parliamentary Committees. These documents supply authoritative facts and information with a view to preparing ground for discussion pertaining to various matters in the House. The Indian Parliament | 21 The Legislative Process Legislation is the predominant function of Parliament. All legislative proposals are initiated in Parliament in the form of Bills. A Bill is the draft of a legislative proposal which, when passed by both the Houses of Parliament and assented to by the President, becomes an Act. Bills can be categorized as: (i) Ordinary Bills; (ii) Constitution Amendment Bills; and (iii) Money Bills. A Bill has to pass through the following three Readings in each House before it is sent to the President for assent: First Reading The legislative process starts with the introduction of a Bill in either House of Parliament—Lok Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a Private Member. In the former case, it is known as a Government Bill and in the latter case, it is called as a Private Member’s Bill. It is necessary for a member-in-charge of the Bill to ask for leave to introduce the Bill. If leave is granted by the House, the Bill is introduced. This stage is known as the First Reading of the Bill. If the motion for leave to introduce a Bill is opposed, the Presiding Officer may, in his/her discretion, allow a brief explanatory statement to be made by the member who opposes the motion and the member-in-charge who moved the motion. Where a motion for leave to introduce a Bill is opposed on the ground that the Bill initiates legislation outside the legislative competence of the House, the Presiding Officer may permit a full discussion thereon. Thereafter, the question is put to the vote of the House. Reference of Bill to Standing Committee After a Bill has been introduced, the Presiding Officer can refer the Bill to the Standing Committee concerned for examination and make report thereon. If a Bill is referred to the Standing Committee, the Committee shall consider the general principles and clauses of the Bill and make report thereon. The Committee can also take expert opinion or the opinion of the general public who are interested in the measure. Second Reading The Second Reading consists of consideration of the Bill which is in two stages. First Stage: The first stage consists of general discussion on the Bill as a whole when the principle underlying the Bill is discussed. At this stage, it is open to the House to refer the Bill to a Select Committee of the House or a Joint Committee of the two Houses or to circulate it for the purpose of eliciting opinion thereon or to straightaway take it into consideration. If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-by-clause just as the House does. Amendments can be moved to the various clauses by members of the Committee. The Committee can also take evidence of associations, public bodies or experts who are interested in the measure. The Committee submits its report to the House which considers the Bill again as reported by the Committee. 22 | The Indian Parliament If a Bill is circulated for the purpose of eliciting public opinion thereon, such opinions are obtained through the Governments of the States and Union territories. Opinions so received are laid on the Table of the House and the next motion in regard to the Bill must be for its reference to a Select/Joint Committee. It is not ordinarily permissible at this stage to move the motion for consideration of the Bill. Second Stage: The second stage of the Second Reading consists of clause-by-clause consideration of the Bill as introduced or as reported by Select/Joint Committee. Discussion takes place on each clause of the Bill and amendments to clauses can be moved at this stage. Amendments to a clause having been moved but not withdrawn are put to the vote of the House before the relevant clause is disposed of by the House. The amendments become part of the Bill if they are accepted by a majority of members present and voting. After the clauses, the Schedules, if any, clause 1, the Enacting Formula and the Long Title of the Bill are adopted by the House, the Second Reading is deemed to be over. Third Reading Thereafter, the member-in-charge can move that the Bill be passed. This stage is known as the Third Reading of the Bill. At this stage, the debate is confined to arguments either in support or rejection of the Bill without referring to the details thereof further than that are absolutely necessary. Only formal, verbal or consequential amendments are allowed to be moved at this stage. In passing an ordinary Bill, a simple majority of members present and voting is necessary. Bill in the other House After the Bill is passed by one House, it is sent to the other House for concurrence with a message to that effect, and there also it goes through the stages described above, except the introduction stage. Money Bills Bills which exclusively contain provisions for imposition and abolition of taxes, for appropriation of moneys out of the Consolidated Fund, etc., are certified as Money Bills. Money Bills can be introduced only in the Lok Sabha. Rajya Sabha cannot make amendments in a Money Bill passed by the Lok Sabha and transmitted to it. It can, however, recommend amendments in a Money Bill, but must return all Money Bills to the Lok Sabha within fourteen days from the date of their receipt. It is open to the Lok Sabha to accept or reject any or all of the recommendations of the Rajya Sabha with regard to a Money Bill. If the Lok Sabha accepts any of the recommendations of the Rajya Sabha, the Money Bill is deemed to have been passed by both Houses with amendments recommended by the Rajya Sabha and accepted by the Lok Sabha and if the Lok Sabha does not accept any of the recommendations of the Rajya Sabha, the Money Bill is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha without any of the amendments recommended by the Rajya Sabha. If a Money Bill passed by the Lok Sabha and transmitted to the Rajya Sabha for its recommendations is not returned to the Lok Sabha within the said period of fourteen days, it is deemed to have been passed by both the Houses at the expiration of the said period in the form in which it was passed by the Lok Sabha. The Indian Parliament | 23 Constitution Amendment Bill The Constitution vests in Parliament the power to amend the Constitution. A Constitution Amendment Bill can be introduced in either House of Parliament by a Minister or a Private Member. While the motion for introduction of a Constitution Amendment Bill is adopted by simple majority, a majority of the total membership of the House and a special majority of not less than two-thirds of the members present and voting is required for the adoption of effective clauses and motions for consideration and passing of these Bills. In certain cases, where the Constitution amendment affects vital provisions of the Constitution, the Constitution amendment, after having been passed by the Houses of Parliament, has also to be ratified by not less than one-half of the State Legislatures. Joint Sitting If a Bill passed by one House is: (i) rejected by the other House, or (ii) the Houses have finally disagreed as to the amendments to be made in the Bill, or (iii) more than six months elapse from the date of the receipt of the Bill by the other House without the Bill being passed by it, the President may call for a joint sitting of the two Houses to resolve the deadlock. At the joint sitting of the Houses, presided over by the Lok Sabha Speaker, if 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. This provision of joint sitting of both Houses does not apply to a Money Bill or a Constitution Amendment Bill. Assent by the President When a Bill is passed by both the Houses, it is presented to the President for his/her assent. The President may give his/her assent or withhold his/her assent to a Bill. The President may also return the Bill (except a Money Bill) with his/her recommendations to the Houses for reconsideration, and if the Houses pass the Bill again with or without amendments, the President cannot withhold his/her assent to the Bill. The President, however, is bound to give his/her assent to a Constitution Amendment Bill passed by the Houses of Parliament by the requisite special majority and, where necessary, ratified by the States. A Bill becomes an Act only after it has been assented to by the President and published in the Gazette of India Extraordinary. Financial Accountability Parliamentary control over Government’s expenditure is an essential feature of an accountable and responsible administration. It is imperative that the expenditure made from public funds be prudently made, and no waste of resources occurs. Although all the Demands for Grants and taxation proposals emanate from the Executive, expenditure can only be sanctioned by the Parliament. The Constitution has, therefore, vested the power over the purse in the hands of the chosen representatives of the people, thus sanctifying the principle ‘no taxation without representation’. 24 | The Indian Parliament To safeguard the rights and interests of the tax-payer, the Constitution makes three fundamental provisions, namely: (a) no tax can be levied or collected except by the authority of law; (b) no expenditure can be incurred from public funds except in the manner provided in the Constitution and in accordance with law, i.e. unless it has been sanctioned by the Parliament; and (c) the Executive is bound to spend money in the manner as sanctioned by the Parliament. The Budget The powers and functions of the Parliament in respect of the Budget originate from the Constitution and several other procedural devices that have evolved over the years. In respect of every financial year, the President causes to be laid before both Houses of Parliament an Annual Financial Statement, known as the ‘Budget’ of the Government. The Statement embodies the receipts and expenditure of the Government for the financial year which commences in India on 1st April each year. The Budget is presented to the Lok Sabha in two parts: the General Budget and the Railway Budget. The Finance Minister presents the General Budget in the Lok Sabha usually on the last working day in February, i.e. about a month before the commencement of the next financial year. The Railway Budget is presented by the Railway Minister sometime in the third week of February, usually after the Question Hour, in the Lok Sabha. Simultaneously, a copy of the respective Budgets is laid on the Table of the Rajya Sabha. No discussion takes place on the day the Budget is presented to the House. Budget is discussed in two stages—the General Discussion followed by detailed discussion and voting on the Demands for Grants. General Discussion on the Budget During the General Discussion, which lasts for about 4 to 5 days, the House is at liberty to discuss the Budget as a whole or any question of principles involved therein but no motion can be moved. The scope of discussion is confined to an examination of the general scheme and structure of the Budget, whether the items of expenditure ought to be increased or decreased, and the policy of taxation as expressed in the Budget and in the speech of the Finance Minister. The Finance Minister or the Railway Minister, as the case may be, has the general right of reply at the end of the discussion. Consideration of the Demands for Grants by Departmentally-Related Standing Committees With the creation of the Departmentally-Related Standing Committees of Parliament in 1993, the Demands for Grants of all the Ministries/Departments are required to be considered by these Committees. After the General Discussion on the Budget is over, the two houses are adjourned for a fixed period. During this period, the Demands for Grants of the Ministries/Departments are considered by the Committees. These Committees are required to make their reports to the House within the specified period without asking for more time and make separate report on the Demands for Grants of each Ministry. Discussion on Demands for Grants The Demands for Grants are presented to the Lok Sabha along with the Annual Financial Statement. These are not generally moved in the House by the Minister concerned. The demands are assumed to have been moved and are proposed from the Chair to save the time of the House. After the reports of the Standing Committees are presented to the House, the House proceeds for discussion and voting on the Demands for Grants, Ministry-wise. The Indian Parliament | 25 As the whole process of discussion and voting on the Demands for Grants and the passage of the Appropriation Bill and the Finance Bill is to be completed within a specified time, the Demands for Grants relating to all the Ministries/Departments cannot be discussed and demands of some Ministries get voted without discussion. The scope of discussion at this stage is confined to matters which are under the administrative control of the Ministry and to each head of the demand as is put to the vote of the House. It is open to members to disapprove a policy pursued by a particular Ministry or to suggest measures for economy in the administration of that Ministry or to focus attention of the Ministry to specific local grievances. At this stage, cut motions can be moved to reduce any Demand for Grant but no amendment to a motion seeking to reduce any demand is permissible. Guillotine On the last of the allotted days for discussion and voting on the Demands for Grants, at the appointed time, the Speaker puts every question necessary to dispose of all the outstanding matters in connection with the Demands for Grants. This is known as guillotine. The guillotine concludes the discussion on the Demands for Grants. Vote on Account The discussion on the Budget begins a few days after its presentation. In a democratic set-up, the Government is anxious to give Parliament full opportunity to discuss the budgetary provisions and the various proposals for taxation. Since Parliament is not able to vote the entire Budget before the commencement of the new financial year, the necessity to keep enough finance at the disposal of the Government in order to allow it to run the administration of the country, remains. A special provision is, therefore, made for ‘Vote on Account’ by which the Government obtains the vote of Parliament for a sum sufficient to incur expenditure on various items for a part of the year. The Vote on Account is passed by the Lok Sabha after the general discussion on the Budget (General and Railways) is over and before the discussion on the Demands for Grants is taken up. Normally, the Vote on Account is taken for two months only. But during election year or when it is anticipated that the main Demands and the Appropriation Bill will take longer time than two months, the Vote on Account may be for a period exceeding two months. As a convention, the Vote on Account is treated as a formal matter and is passed by the Lok Sabha without discussion. Appropriation Bill After the General Discussion on the Budget proposals and voting on Demands for Grants have been completed, the Government introduces the Appropriation Bill which gives it authority to incur expenditure from and out of the Consolidated Fund of India. The procedure for passing this Bill is the same as in the case of other Money Bills. The introduction of such Bill cannot be opposed. The scope of discussion is limited to matters of public importance or administrative policy implied in the grants covered by the Bill and which have not already been raised during the discussion on the Demands for Grants. However, no amendment can be proposed to an Appropriation Bill which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the Speaker as to whether such an amendment is admissible, is final. An amendment to an Appropriation Bill for omission of a demand voted by the House is out of order. Finance Bill The Finance Bill seeking to give effect to the taxation proposals of the Government is introduced immediately after the presentation of the Budget. The Finance Bill is not referred to the Departmentally-Related Standing Committee or Select Committee or Joint Committee of the Houses. Since the Finance Bill contains taxation proposals, it is taken up for consideration only after the Demands for Grants have been voted and the Appropriation Bill is passed. However, certain provisions in the Bill relating to levy and collection of fresh duties or variations in the existing duties come into effect immediately on the expiry of the day 26 | The Indian Parliament on which the Bill is introduced. After the Finance Bill is passed by the Lok Sabha, the Bill is transmitted to the Rajya Sabha, where a General Discussion takes place. The Rajya Sabha does not vote on the Demands for Grants. The Finance Bill has to be passed by the Parliament and assented to by the President within 75 days of its introduction. Supplementary/Excess Grants No expenditure in excess of the sums authorised by Parliament can be incurred without the sanction of Parliament. Whenever a need arises to incur extra expenditure, a Supplementary estimate is laid before Parliament. If any money has been spent on any service during a financial year in excess of the amounts granted for that service and for that year, the Minister of Finance/Railways presents a Demand for Excess Grant. The procedure followed in Parliament in regard to Supplementary/Excess Grants is more or less the same as is adopted in the case of estimates included in the General Budget. With the passing of the Finance Bill, the budgetary process in Parliament culminates. Decision of the House Any matter requiring the decision of the House is decided by means of a question put by the Chair on a motion made by a member. At the conclusion of a debate, the Chair puts the question to the House. Those in favour of the motion are invited to say ‘Aye’ and those against to say ‘No’; and then the Chair says ‘I think the Ayes (or the Noes, as the case may be) have it’. If the opinion of the Chair as to the decision goes unchallenged, the Chair repeats twice: “The Ayes (or the Noes, as the case may be) have it”; and the question before the House is determined accordingly. If the opinion of the Chair is challenged by any member or members exclaiming ‘The Noes (or Ayes) have it’, the Chair directs that the Lobbies be cleared. Thereupon, the Division Bells are rung. After a lapse of three and a half minutes, the Chair puts the question a second time and declares whether in the Chair’s opinion, the ‘Ayes’ or the ‘Noes’ have it. In case the opinion so declared is again challenged, the Chair directs that votes be recorded by Division. Division There are three methods of holding a Division, i.e. by operating the Automatic Vote Recorder (AVR) or by distributing slips in the House or by members going into the Lobbies. In the case of recording of votes through the AVR system, members cast their votes from their respective seats, by pressing according to their choice one of the ‘Aye’/‘No’/‘Abstain’ push buttons with one hand and vote initiation switch with the other hand simultaneously. After the results of the voting appear on the indicator boards, any member who may not have been able to cast his vote by pressing the button on account of any reason considered sufficient by the Chair, may, with the Chair’s permission, have his vote recorded through slips. Any member having by mistake pressed the wrong button may also be allowed by the Chair to correct his mistake through such slips. The final result of the Division is prepared at the Table of the House and thereafter the same is declared by the Chair. When the Chair directs that votes would be recorded on slips, each member is supplied by the Division Clerks, at his seat, an ‘Aye’ or a ‘No’ or ‘Abstain’ slip according to the choice indicated by him. On these slips, members are required to record their votes by writing their Division Numbers and signing them at the appropriate place. After the members have recorded their votes, these are counted by the Officers at the Table and the totals of ‘Ayes’ and ‘Noes’ and ‘Abstentions’ are presented to the Chair. The result of the Division is then announced by the Chair. When the Chair decides that the votes should be recorded by members going into Lobbies, the Chair directs the members for ‘Ayes’ to go to the right Lobby and those for ‘Noes’ to the left Lobby. For the purpose of recording votes, four booths each are provided in the ‘Ayes’ Lobby and in the ‘Noes’ Lobby with consecutive division numbers. The Indian Parliament | 27 After the recording of votes is completed in the Lobbies, the division lists are brought to the Table where the votes are counted by the officers at the Table and the totals of ‘Ayes’ and ‘Noes’ are presented to the Chair. Division lists once brought to the Table cannot be taken back to the Lobbies without the Chair’s permission. The result of the division is then announced by the Chair and it cannot be challenged by any member. This procedure is, however, no more in use now. The Result Display Panels in the Lok Sabha Chamber 28 | The Indian Parliament  5 Parliamentary Debates The business in the Lok Sabha is transacted either in Hindi or in English. The Speaker of Lok Sabha may, however, permit any member to address the House in any of the following scheduled languages as given in the Constitution, namely, Assamese, Bengali, Kannada, Malayalam, Maithili, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Tamil, Telugu and Urdu. Any member intending to make a speech in any of these languages is required to give at least half-an-hour’s notice to the Officer at the Table so that his speech is simultaneously interpreted into English and Hindi. The Rules of Procedure require that the Secretary-General has to arrange for the preparation of a full report of the proceedings of each sitting of the House, and as soon as practicable, get it published. Accordingly, everything said in the Lok Sabha and the Rajya Sabha—every question, remark and speech—is meticulously recorded. However, certain words or expressions, which are specifically expunged from the proceedings of the House or ordered not to be recorded by the Presiding Officer, do not form part of the record. The entire proceedings of the day’s sitting is edited, compiled and distributed to the members the same evening. Besides, the data of the day’s proceedings of both the Houses is released on the official website of the Parliament. However, these are the uncorrected version of the Debates which are not for publication. Since the official record has to be a correct reproduction of speeches actually delivered, the next day, the transcript of every speech delivered, question asked and interruption made by a member is sent to him for confirmation or correction of inaccuracies, if any. The Lok Sabha and the Rajya Sabha Debates, which are printed and published, constitute the permanent official record of the proceedings of the House. The proceedings of each House are divided into two parts. Part-I contains answers to Questions— both oral and written and answers to the supplementary questions. Part-II consists of Papers Laid on the Table, Messages, Discussions, etc. and other business transacted by the House. The Debates and proceedings of the Lok Sabha are brought out in English, Hindi and Original (Floor) version whereas in the Rajya Sabha, it is brought out in Hindi and Original version. The Debates of the Lok Sabha are later bound in volumes and ten days’ debates make one volume. The volumes and series of the published debates run concurrently with the term of each Lok Sabha. The Debates of 4 to 5 days make one volume in the Rajya Sabha. The copyright for the reproduction of any material from the Debates vests in the Lok Sabha/Rajya Sabha Secretariat under the Copyright Act, 1957. The permission of the Presiding Officer is required for reproduction of any material from the Debates. The Indian Parliament | 29 The Main Committee Room in Parliament House Annexe  6 Parliamentary Committees In India, as in other democracies, the work done by Parliament is not only varied in nature, but also considerable in volume. A good deal of parliamentary business is, therefore, transacted in the Committees, which are, in fact, microcosms and extensions of the House. These Parliamentary Committees have emerged as useful instruments for facilitating greater administrative accountability towards the Parliament. Besides performing those functions which are delegated to them and which the House by itself is not well-equipped to perform, viz. finding out the facts of a case, examining witnesses, sifting evidence and drawing up reasoned recommendations, the Committees act as a vital link among the Parliament, the Executive and the general public. Both the Houses of Parliament have a similar Committee structure with marginal variations. There are two kinds of Parliamentary Committees: Standing Committees which are elected or appointed every year or periodically and are permanent in nature as their work goes on, more or less, on a continuous basis; and Ad hoc Committees which are appointed on an ad hoc basis as and when the need arises for a specific purpose, and they cease to exist as soon as they have submitted their reports on the tasks assigned to them. Standing Committees Broadly, the Standing Committee are categorised into: (i) Financial Committees; (ii) Departmentally-Related Standing Committees; and (iii) Other Standing Commiittees. Financial Committees Among the Standing Committees, the three Financial Committees—the Committee on Estimates, the Public Accounts Committee and the Committee on Public Undertakings—constitute a distinct group. While the members of the Rajya Sabha are associated with the Committees on Public Accounts and Public Undertakings, the Members of the Committee on Estimates are drawn entirely from the Lok Sabha. The control exercised by these Committees is of a continuous and thorough nature. They gather information through questionnaries, memoranda from representative non-official organizations, experts in their respective fields and knowledgeable individuals, on-the-spot studies of organizations and oral examination of official and non-official witnesses. Together, they investigate a fairly large area of multifarious activities of the Union Government. These Committees have adequate procedures to ensure that their recommendations are given due consideration by the Government. The progress in the implementation of the recommendations as well as any unresolved differences between the The Indian Parliament | 31 Committees and the Government are set out in the Action Taken Reports which are presented to the House from time to time. Departmentally-Related Standing Committees Departmentally-Related Standing Committees Committees under Rajya Sabha Committee on Commerce Three Subject Committees, namely, Committee on Agriculture, Committee on Science and Technology and Committee on Environment and Forests, were constituted in Committee on Health & Family Welfare August 1989 to make the Committee System more specialized and subject-oriented. Committee on Home Affairs A full-fledged system of 17 Departmentally-Related Standing Committees (DRSCs) Committee on Human Resource Development came into being in April 1993, covering the entire gamut of governmental activities. Committee on Industry Each of these Committee had 45 members—30 from the Lok Sabha and 15 from Committee on Personnel, Public Grievances, Law & Justice the Rajya Sabha. Committee on Science & Technology, Environment & Forests The DRSC System was re-structured in July 2004, whereby the number of Committees Committee on Transport, Tourism & Culture was increased from 17 to 24 and the membership of each was reduced from 45 to 31. Out of the 24 Committees, 8 Committees are serviced by the Rajya Sabha Committees under Lok Sabha Secretariat and 16 Committees by the Lok Sabha Secretariat. Each of these Standing Committee on Agriculture Committees consists of not more than 31 members—21 from the Lok Sabha and 10 from the Rajya Sabha. A Minister is not eligible to be nominated to these Committee on Chemicals & Fertilizers Committees. Committee on Coal & Steel Committee on Defence These Committees, inter alia, consider the Demands for Grants of the Ministries/ Departments concerned; consider the Annual Reports of the Ministries/Departments; Committee on Energy consider national basic long term policy documents presented to the House; Committee on External Affairs and examine Bills pertaining to the Ministries/Departments as are referred to the Committee on Finance Committee by the Rajya Sabha, Chairman, or the Lok Sabha, Speaker; and make Committee on Food, Consumer Affairs & Public Distribution reports thereon to submit to the House. Committee on Information Technology The DRSCs, however, do not consider matters of day-to-day administration of the Committee on Labour Ministries/Departments concerned. They also do not generally consider matters Committee on Petroleum & Natural Gas which are under consideration by other Parliamentary Committees. These Standing Committees also do not consider the working of the Public Undertakings as they Committee on Railways exclusively fall within the jurisdiction of the Committee on Public Undertakings. Committee on Rural Development With a view to ensuring timely implementation of the recommendations made by the Committee on Social Justice & Empowerment DRSCs, a new Direction 73A was issued by the Speaker on 1 September 2004 which Committee on Urban Development provides that the Minister concerned shall make, once in six mo