LUXMIKANT POLITY CRUX NOTES-CHAPTER-22

·         Based on the British pattern – Westminster model of government.

·         Part V – Article 79-122 – deal with organisation, composition, duration,officers, producers, privileges, powers etc of the Parliament.

·         The Rajya Sabha (The Council of states, upper House)

·         The President

a.       The President is not a member of either House and does not sit in Parliament.

b.       Bill passed by both the houses cannot become a law without the President’s assent.

c.        He can only prorogue and summon both the houses

d.       Addresses both the houses at the beginning of each year and on the first session of both the houses

Art 331

Not more than 530= 530 (state)

Not more than 20 (UT)

Member: 545

↓            ↓           ↓

530                 13                   2

(state)            (UT)             (nominated)

a.       Ration b/w seat & population should be maintained.

b.       Uniformity b/w different state and b/w diff constituency in same state Art 82

c.        After every census, a readjustment is to be made –

–          Allocation of seat to LS in state

–          Division of seat in each constituency.

d.       Delimitation Commission – 19, 52, 62, 72, 02

42^nd Amendment Act – froze allocation of seat to LS to division of seat into territorial constituencies till the year 2000 at the 1971 level (i.e, upto year 2026) by the 84th Amendment Act of 2001.

84^th CA-  set territorial constituency on the base of 1991

87^th CA- on base of 2001 not on 1991.

4 Schedule

Composition – not more than 250 max (238 from UT & state + 12 nominated)

Member 245

↓                    ↓                    ↓

229            4          12 (Nominated)

§  Literature

§  Art

§  Science

§  Social service

System of Proportional Representation

Single transferable vote

For UT – Parl. may prescribe.

·         Initially it was for 10 year, in 1960

·         By extend + 10 year each time.

·         95th CA 2009 – till 2020.

Ø  25 years (Art 84)), t = 5 years (Temporary) (Art 83), must be citizen of India, – [Lok Sabha]

Ø  30 years (Art 84), t = 6 years (Art 83), 1/3 retires every year.

·         Unsound mind, insolvent

·         If found quality (RPA 1951)

·         On the ground of anti-defection law (not following whip)

·         Exception – expelled members

·         2/3rd merger allowed.

·         Max time 10 days to inform

·         If a sitting member of one house elected for other house, his seat on first house will become vacant.

·         If a person, member of both Parl. & state legislature within 14 day, Parl. seat vacant.

·         If casual vacancy, filled by new election (DOE-President)

·         Vacate Earlier – If he ceases to member of LS

Ø   Resign by writing

Ø   Removed by a resolution of then majority by giving 14 days notice.

·         Casting vote.

·         Does not vote at first Instances.

·         When is dissolve, speaker does not vacant his office continues till new – elected LS meets.

·         Guardian of power & privileges

·         Principal spokesman, decision is final.

·         Order and decorum, final interpreter of Constitution of India

·         Decided disqualification of member→ Judicial Role.

·         Salary fixed → not subject to vote as from CFI.

·         Whenever the office of Deputy Speaker, LS elect.

·         Removed or term of office →similar to LS speaker.

·         If speaker is absent.

·         Presides joint sitting in case of speaker absence.

·         While presiding over the house – Deputy sp. (speaker) – casting vote

·         Regular salary by Parl. from CFI.

·         In the presence of sp. Work as ordinary member.

·         Origin – 1921 – Act of 1919 (Montague Chelmsford)

·         Panel of Chairperson of LS – The speaker nominated – then chairperson

·         Same power as sp. While presiding. Hold office till new is chairperson nominate.

·         When members of chairperson are absent any of the member determined by house act as speaker.

·         Panel of chairperson cannot presides over the house when the office of sp & Deputy sp. Is vacant.

·         During such time sp. Duty is performed by the such member of the house as appointed by President.

·         Presides the first sitting of new selected LS.

·         The vice-president of India is the ex-officio Chairman of the Rajya Sabha.

·         The Chairman of the Rajya Sabha can be removed from his office only if he is removed from the office of the Vice-President.

·         The powers and functions of the Chairman in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha.

·         2 special powers of LS Speaker – not with Chairman:

a.       The Speaker decides whether a bill is a money bill or not

b.       The Speaker presides over a joint sitting of two Houses of Parliament.

·         The Deputy Chairman vacates his office:

1. if he ceases to be a member of the Rajya Sabha;

2. if he resigns by writing to the Chairman; and

3. if he is removed by a resolution passed by a majority of all the then members of the Rajya Sabha. – moved only after giving 14 days’ advance notice.

·         Leader of Opposition – 1/10^th of the majority in opposition

·         Whip – appointed by the political party to serve as an assistant floor leader

SESSIONS OF PARLIAMENT

1. the Budget Session (February to May);

2. the Monsoon Session (July to September); and

3. the Winter Session (November to December).

·         A ‘session’ –  the period spanning between the first sitting of a House and its prorogation/dissolution

·         Period spanning between the prorogation and its reassembly – ‘recess’.

·         Within the next few days – President issues a notification for prorogation

·         LS –  subject to dissolution.

·         Dissolution ends the very life of the existing House, and a new House is constituted after general elections are held.

·         The dissolution – two ways:

1. Automatic dissolution – expiry of its tenure/terms as extended during a national emergency; or

2. Whenever the President decides to dissolve the House

·         Quorum – 1/10^th  of the total number of members in each House including the presiding officer.

DEVICES OF PARLIAMENTARY PROCEEDINGS

·         Members ask questions and the ministers give answers.

·         The questions – three kinds:

a.       A starred question (distinguished by an asterisk) requires – an oral answer – supplementary questions allowed.

b.       An unstarred question requires – a written answer – supplementary questions cannot follow – Notice period min- 10 days, max 21 – LS unstarred (white paper), RS (yellow paper).

c.        Short notice question – Relates matter of general pub imp –  Ques asked to PVT Mem. – By MP to any MY on the matter the later belongs.

·         Hr after the ques hr.

·         Raised matter of general public imp, which cannot be delayed.

·    3 categories:

a.       Substantive – Self-contained independent proposal dealing with imp Like impeachment of President, CJI, and CEC.

b.       Substitute – Move in substitution to original motion & proposes an alternative if adopted, supersedes other.

c.        Subsidiary – No meaning can’t state the decision of House without reference to original motion of the proceeding of house.

i.            Ancillary Motion: the regular way of proceeding with various kinds of business.

ii.            Superseding Motion: in the course of debate on another issue and seeks to supersede that issue.

iii.            Amendment: Modify or substitute only a part of the original motion.

·         Closure Motion – Member to cut short the debate, if matter is put to vote:

a)       Simple Closure: ‘Matter having been sufficiently discussed now put to vote’.

b)       Closure by Compartments: Groupedintoparts & put for debate after whole is put to vote.

c)       Kangaroo Closure: Only important clauses taken up for debate and voting.

d)       Guillotine Closure: Undiscussed clauses of a bill or a resolution are also put to vote along with the discussed ones due to want of time.

·         Privilege Motion – Against Minister/ other member breach of privilege giving wrong info by a member.

·         Calling attention motion – (Indian Innovation)/ Mentioned in Rule of Procedure, with prior permission of speaker – call attention of any motion on General Public Importance.

·         Adjournment Motion – introduced in Parliament to draw attention of the House to a definite matter of urgent public importance – 50 members support/cannot be used against RS as it is total against govt/censure – Should not be less than 2 hr 30 min

·         No confidence Motion – Art 75, COM collectively responsible to LS. LS can remove the ministry from passing a no-confidence motion. 50 members support needed. Within 10 days from date on which have asked, reason should not be expressed.

·         Censure Motion – State the reason for its adoption/ can be against a minister or group of minister or the entire council/moved by opposion; passed against a COM than he is bound to seek confidence in LS.

·         Motion of Thanks – • After every 1st session after every general election as addressed by the president, Concept similar as “speech from throne in England” – At the end – motion is put to vote.

·         2 days allotted by speaker.

·         no a point of order, only in RS, similar as ‘Notices’ in LS under 377

[By 1950] 500 Cr

Held by finance secretary on the behalf of President.

Public Account Fund (266)

·         All public money

·         Provided fund

·         Judicial deposit

·         Bank deposit

·         Departmental deposit without parl. appropriation can be made.

·         There are four types of bills:

a.       Ordinary bill.

b.       Money bill.

c.        Financial bill.

d.       Constitutional amendment bills

Ordinary Bill:

1.       It can be introduced in either house of the Parliament-by a minister or any other member. – called First Reading

2.       During second reading a lot of scrutiny is put into the language of the bill – stages:

a.       General discussion.

b.       Committee stage.

c.        Consideration stage

3.       At the third reading the debate is confined to the acceptance or rejection of the bill as a whole – no amendments allowed – once other route it is deemed to be passed by that house and sent to the second house.

4.       In the second house the first reading, second reading, third reading – post which the bill is either excepted, returned with amendments, rejected or no action

5.       The first house in case of amendments makes them or reject them – if rejected president can summon a joint sitting of both houses.

6.       Once it is passed in single or joint setting – presented before President for assent he can:

a.       Give assent.

b.       Withhold at an assent.

c.        Return the bill for reconsideration

7.       If assent given – deemed to be Law.

8.       If returned and both houses pass the bill the President must give his assent to the Bill – President enjoys only a suspensive Veto.

Money Bill:

1.       It can be introduced only in Lok Sabha not a Rajya Sabha.

2.       Can only be introduced by a minister.

3.       Only introduced on the recommendation of the President.

4.       Cannot be amended or rejected by the Rajya Sabha – Rajya Sabha returnable with/without a recommendation to LS.

5.       LS is not bound to accept the recommendation of RS

6.       Rajya Sabha can detain bill maximum for 14 days – after which deemed excepted.

7.       It can be rejected or approved but not returned for reconsideration by the President.

Financial Bill:

1.       Of two types:

a.       Bill that contains not only all matters in article 110 but also general legislation.

b.       Bill containing provisions involving expenditure from CFI – not mentioned in article 110 – treated as ordinary bill

·         Can be ordered by the President in three situations:

a.       If the bill is rejected by the other house.

b.       If houses have finally disagreed to amendments made to the bill.

c.        If more than six months have elapsed from the date of receipt of the bill by either house – without being passed by it.

·         The Speaker of the LS recites over the joint session – deputy Speaker in his absence.

·         Statement of the estimated receipts and expenditures of the GOI in financial year – 1^st April to 31^st March.

·         Till 2017 there were two budgets Railway budget and general budget – separated to introduce flexibility in Railway finance, secure stability of general revenues by providing annual contribution from Railway revenues.

·         Stages of enactment

i.                     Presentation of budget.

ii.                    General discussion.

iii.                  Scrutiny by departmental committees.

iv.                  Voting on demands for grants.

v.                   Passing of appropriation Bill.

vi.                  Passing of finance Bill

Can make law for list (100), List (52), Residuary and even on state list provided, Art 249, 250, 252, 253, 356.

Approval of ordinance.

2.          Financial Power – Art 265, budget

3.          Const. Power – Amendment (Simple 50%), Special, Absolute.

4.          Judicial power – Impeachment of POI, (V) POI, CJI, CEC, CAG etc.

5.          Electoral Power – elections to the offices of POI, (V)POI + sp + dy Sp (RS +LS)

6.          Other Power – approves emergency/ create or abolish SLC

Art- 2, 3, 9, 10 etc.

POSITION OF RAJYA SABHA –  RS =LS

·            Ordinary, CA bill, Election and Impeachment of POI, VPOI

·            Intro of passage of financial bill.

·            For CJIO & Judge impeachment, CAG, CEC

·            Approval of ordinance, Pro of Emergency

·            Selection of Minister.

·            Consideration of reports of Const. Bodies (UPSC,SFC, CAG)

·            Enlargement of jurisdiction of the Supreme Court (SC) and the Union Public Service Commission (UPSC).

RS ≠ LS – Money Bill

·         Retake of Emergency

·         Finance bill only in LS

·         Speaker LS preside Joint session – LS wins.

·         Cannot pass no confidence motion, special power to LS – art 249, 312.

No arrested during session & before & after today of session.

Rt. to speech & vote cannot be challenged in Court, Art (105) MP 194 (MLA)

2.       Collective Privileges

If can punish members as well as other courts are prohibited in any enquiry.

b.       Can authorise the Parliament to create all India services common to both Centre and state – article 312.

c.        Can alone initiate move for removal of Vice President – article 67.

d.       During National Emergency, President’s rule, financial emergency – when Lok Sabha is dissolved – powers with RS alone.