PARLIAMENT

 
1. Introduction

The Parliament of India is the supreme legislative body and occupies a central position in the Indian democratic political system due to its adoption of the Westminster model of government. The first elected Parliament came into existence in April 1952 after the general elections held under the new Constitution of India.

2. Constitutional Provisions

Articles 79 to 122 in Part V of the Constitution deal with the organization, composition, duration, officers, procedures, privileges, and powers of the Parliament. The framers of the Indian Constitution based the structure of Parliament on the British pattern rather than the American pattern. Unlike in the USA, the President is an integral part of the Indian legislature.

3. Organs of Parliament

Rajya Sabha (The Council of States):

The Rajya Sabha is the Upper House of Parliament and represents the states and union territories of India. It is known as the permanent House of Parliament as it is never fully dissolved. The allocation of seats in the Rajya Sabha to states and UTs is specified in the IV Schedule of the Indian Constitution.

The Rajya Sabha has a maximum strength of 250 members, out of which 238 members are representatives of the states and UTs elected indirectly, and 12 are nominated by the President. Currently, the house has 245 members, with 229 representing the states, 4 representing the UTs, and 12 being nominated by the President.

Representatives of states are elected by members of state legislative assemblies, while representatives of UTs are indirectly elected by an electoral college. Only Delhi, Puducherry, and Jammu & Kashmir have representation in the Rajya Sabha, as other UTs lack sufficient population.

The Rajya Sabha has the important role of reviewing and altering laws initiated by the Lok Sabha. It can also initiate legislation, and a bill must pass through the Rajya Sabha to become law. Additionally, the Rajya Sabha provides representation to the states, and its approval is necessary for matters affecting the States or any attempt to remove or transfer a matter from the State list.

Lok Sabha (The House of the People):

The Lok Sabha is the Lower House of Parliament and represents the people of India as a whole. It consists of 543 members, with 530 members representing states and 13 representing UTs. Earlier, two members from the Anglo-Indian community were nominated by the President, but this provision was abolished by the 95th Amendment Act, 2009.

Members of the Lok Sabha are directly elected by the people from territorial constituencies in the states, and members from UTs are chosen by direct election.

One of the essential functions of the Lok Sabha is to select the executive, which implements the laws made by the Parliament. The Lok Sabha has more powers in money matters, and once it passes the budget or any money-related law, the Rajya Sabha cannot reject it, but it can suggest changes.

President:

The President of India is not a member of either House of Parliament but is an integral part of it. The President is the head of state and the highest formal authority in the country. The President is elected by elected Members of Parliament and Members of Legislative Assemblies.

The President's assent is required for a bill passed by both Houses to become law. The President also has the power to summon and prorogue both Houses, dissolve the Lok Sabha, and issue ordinances when the Houses are not in session.

4. Membership of Parliament

Rajya Sabha members must be citizens of India and at least 30 years old. They are elected by state legislative assemblies or an electoral college for UTs. Lok Sabha members must be at least 25 years old, citizens of India, and registered voters in any Indian constituency. Certain disqualifications, both on constitutional and statutory grounds, may prevent an individual from becoming a member of Parliament.

5. Tenure and Officials

Rajya Sabha members enjoy a safe tenure of six years, with one-third of its members retiring every two years. The normal term of the Lok Sabha is five years, but it can be dissolved earlier or extended in certain situations. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha, while the Lok Sabha is presided over by the Speaker or Deputy Speaker.

6. Powers/Functions of Parliament

The Indian Parliament carries out various functions as outlined in Chapter II of Part V of the Constitution. These functions can be categorized into several areas:

Legislative Functions:

The Parliament is responsible for legislating on matters mentioned in the Union List and the Concurrent List. In cases of overlap with the State List, the Union law takes precedence, except when the state law has prior presidential assent. The Parliament can also pass laws on State List items under specific circumstances, such as during emergencies, President's Rule, or with the Rajya Sabha's 2/3 majority resolution.

Executive Functions (Control over the Executive):

In a parliamentary system, the executive is accountable to the legislature, and Parliament exercises control over the executive through various means. It can pass a vote of no-confidence to remove the Cabinet from power, question ministers on their actions, and utilize measures like the adjournment motion and censure motion to scrutinize the government's performance.

Financial Functions:

Parliament holds ultimate authority over finances. The Union Budget and tax proposals require approval from Parliament. Two standing committees, the Public Accounts Committee and the Estimates Committee, monitor how the executive spends allocated funds.

Amending Powers:

The Parliament has the authority to amend the Constitution of India. Both the Lok Sabha and the Rajya Sabha must pass amendments for them to take effect.

Electoral Functions:

Parliament participates in the election of the President and the Vice President. The electoral college includes elected members from both Houses. The Parliament also has the power to remove the President through a resolution agreed upon by the Rajya Sabha and the Lok Sabha.

Judicial Functions:

The Parliament can take punitive action against members for breach of privilege. Privilege motions can be moved when there is an infringement of MPs' privileges. The Parliament also has the power to impeach high functionaries like the President, Vice President, and judges of the Supreme Court and High Courts.

7. Special Powers of Rajya Sabha

The Rajya Sabha possesses two special powers:

Authority to Declare State List Subjects as Matters of National Importance:

The Rajya Sabha can pass a resolution with the support of two-thirds of its members to declare a subject from the State List as a matter of national importance. Once such a resolution is passed, the Union Parliament gains the power to legislate on that specific state subject for a duration of one year. The Rajya Sabha has the option to pass such resolutions multiple times if necessary.

Power to Establish or Discontinue All India Services:

The Rajya Sabha holds the right to establish new All India Services or dissolve existing ones, based on considerations of national interest. This can be accomplished by passing a resolution with a two-thirds majority in favor of the decision. These All India Services play a crucial role in serving the entire country and can be created or discontinued as deemed necessary by the Rajya Sabha.

8. Leader of the House

In the Lok Sabha, the "Leader of the House" is typically the Prime Minister or another minister nominated by the Prime Minister who is a member of the Lok Sabha.

The Rajya Sabha also has a "Leader of the House," a minister and member of the Rajya Sabha nominated by the Prime Minister.

The Leader of the House wields significant influence over the conduct of parliamentary business.

While this position is not explicitly mentioned in the Constitution, it is defined in the Rules of the House.

Leader of the Opposition

The Leader of the Opposition is the leader of the largest opposition party with at least one-tenth of the total strength of the House.

This leader provides constructive criticism of the government's policies and offers an alternative government's viewpoint.

The Leader of the Opposition in both Houses gained statutory recognition in 1977, entitling them to the salary, allowances, and facilities similar to a cabinet minister.

Like the Leader of the House, this position is not mentioned in the Constitution but is recognized in the Parliamentary Statute.

Whip:

Each political party, whether in the ruling or opposition, appoints its own whip in Parliament.

The whip's role is to serve as an assistant floor leader, ensuring the party members' attendance in large numbers and securing their support for or against specific issues.

Whips regulate and monitor their party members' behavior in Parliament, and members are expected to follow their directives.

The office of the whip is not mentioned in the Indian Constitution or other parliamentary statutes but is based on parliamentary conventions.

9. Sessions of Parliament

Summoning

Summoning is the process of calling all members of Parliament to meet.

The President summons each House of Parliament from time to time, and the maximum gap between two sessions cannot exceed six months.

Sessions:

India does not have a fixed parliamentary calendar, but by convention, Parliament meets for three sessions in a year: the Budget Session, Monsoon Session, and Winter Session.

Adjournment:

An adjournment suspends the work in a sitting for a specified time, which may be hours, days, or weeks.

Adjournment sine die is when the meeting is terminated without a definite date for the next meeting, and it is done by the presiding officer of the House.

Prorogation:

Prorogation terminates a sitting as well as the session of the House and is done by the President of India.

Quorum:

Quorum refers to the minimum number of members required to be present for conducting a meeting of the House, and it is fixed at one-tenth of the total strength for both Houses.

10. Joint Session of Parliament

The joint sitting of the Lok Sabha and the Rajya Sabha is called by the President to resolve any deadlock between the two Houses.

It is presided over by the Lok Sabha Speaker or Deputy Speaker or the Deputy Chairman of the Rajya Sabha.

Lame Duck Session:

The last session of the existing Lok Sabha after a new Lok Sabha has been elected is called the lame-duck session.

Members of the existing Lok Sabha who could not get re-elected to the new Lok Sabha are called lame-ducks.

11. Parliamentary Motions and Procedures:

Privilege Motion:

A member can initiate a Privilege Motion if they believe a minister has breached the privileges of the House or its members by withholding facts or presenting distorted information.

The purpose of this motion is to censure the concerned minister.

It can be moved in both the Rajya Sabha and the Lok Sabha.

Censure Motion:

A Censure Motion is presented in the Lok Sabha and must state the reasons for its adoption.

It can be moved against an individual minister, a group of ministers, or the entire council of ministers.

The motion aims to censure the council of ministers for specific policies and actions.

Call-Attention Motion:

Members can use the Call-Attention Motion to draw the attention of a minister to a matter of urgent public importance and seek an authoritative statement on the issue.

This motion can be moved in both the Rajya Sabha and the Lok Sabha.

Adjournment Motion:

The Adjournment Motion is introduced in the Lok Sabha to highlight a definite matter of urgent public importance.

It involves an element of censure against the government.

This motion is limited to the Lok Sabha.

No-Day-Yet-Named Motion:

A No-Day-Yet-Named Motion is admitted by the Speaker but has no fixed date for discussion.

It can be moved in both the Rajya Sabha and the Lok Sabha.

No Confidence Motion:

According to Article 75 of the Constitution, the council of ministers is collectively responsible to the Lok Sabha.

The Lok Sabha can remove the ministry from office by passing a No Confidence Motion.

The motion requires the support of 50 members to be admitted.

It can be moved only in the Lok Sabha.

Motion of Thanks:

After each general election and at the beginning of every fiscal year, the President addresses both Houses of Parliament.

The ensuing discussion in both Houses on this address is known as the "Motion of Thanks."

This motion must be passed in the House; otherwise, it leads to the defeat of the government.

Cut Motions:

Cut Motions give members of the Lok Sabha the power to oppose specific allocations in the Finance Bill, part of the Demand for Grants presented by the government.

If a Cut Motion is adopted, it results in a no-confidence vote, and the government must resign if it fails to secure enough support in the lower House.

Cut Motions can be moved in the Lok Sabha only and are of three types: Policy Cut Motion, Economy Cut Motion, and Token Cut Motion.

Closure Motion:

A Closure Motion is moved by a member to curtail the debate on a matter before the House.

If approved by the House, the debate is stopped, and the matter is put to vote.

There are four types of Closure Motions: Simple Closure, Closure by Compartments, Kangaroo Closure, and Guillotine Closure.

Point of Order:

A member can raise a Point of Order when the proceedings of the House deviate from the normal rules of procedure.

This point should relate to the interpretation or enforcement of the House's rules or constitutional articles that govern its business.

A Point of Order is typically raised by an opposition member to control the government.

It is an extraordinary device that suspends the proceedings before the House, and no debate is allowed on it.

Special Mention:

In the Rajya Sabha, a matter that does not fall under a Point of Order or cannot be raised during question hour, half-an-hour discussion, short duration discussion, adjournment motion, or other House rules can be raised through Special Mention.

In the Lok Sabha, the equivalent procedural device is known as "Notice (Mention) Under Rule 377."

12. Devices of Parliamentary Proceedings

Question Hour:

The first hour of every parliamentary sitting is the Question Hour, during which members ask questions, and ministers provide answers.

Zero Hour:

The Zero Hour is an Indian parliamentary innovation that immediately follows the Question Hour and lasts until the regular business of the House begins.

Half-an-Hour Discussion:

It is meant for discussing matters of fact on issues of sufficient public importance.

Short Duration Discussion:

It allows members to raise urgent matters of public importance for discussion.

 

13. The Anti-Defection Law

The Anti-Defection Law of the Tenth Schedule of the Indian Constitution, was introduced in 1985 to prevent individual Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) from switching parties. Its purpose was to bring stability to governments and discourage legislators from changing parties frequently.

The law was added to the Constitution through the 52nd Amendment Act in response to the frequent toppling of state governments by party-hopping MLAs after the general elections of 1967. It sets provisions for the disqualification of elected members on the grounds of defection to another political party.

While the law penalizes MPs/MLAs for leaving one party for another, it allows a group of legislators to join or merge with another political party without inviting the penalty for defection. Political parties are also not penalized for encouraging or accepting defecting legislators.

Originally, a defection by one-third of the elected members of a political party was considered a 'merger,' but the 91st Constitutional Amendment Act in 2003 changed this. Now, at least two-thirds of the members of a party must be in favor of a "merger" for it to be valid in the eyes of the law.

Disqualified members under the law can still stand for elections from any political party for a seat in the same House. The decision on questions of disqualification due to defection is referred to the Chairman or the Speaker of the House, and it is subject to judicial review. However, there is no specific timeframe provided within which the presiding officer must decide a defection case.

The grounds for disqualification include voluntarily giving up party membership, voting or abstaining from voting contrary to the party's direction without prior permission, joining a political party after being elected independently or nominated, and joining a political party after the expiry of six months as a nominated member.

Several issues have been raised regarding the Anti-Defection Law:

Undermining Representative & Parliamentary Democracy: The law limits the freedom of MPs and MLAs to vote based on their judgment and makes them primarily accountable to their political party.

Controversial Role of Speaker: There is no clarity on the timeframe for action in anti-defection cases, leading to delays and uncertainty.

No Recognition of Split: The law recognizes 'merger' but not a 'split' in a legislature party, leading to certain ambiguities.

Subversion of Electoral Mandates: Defection can subvert electoral mandates as legislators switch parties for personal gains.

Affects the Normal Functioning of Government: Frequent defections lead to instability in the government and affect the administration.

Promotes Horse Trading: Defection promotes horse-trading of legislators, which goes against democratic principles.

Allows only Wholesale Defection: The law allows wholesale defection, but retail defection is not allowed, which requires amendments to address the loopholes.

 

14. Parliamentary privileges

Parliamentary privileges are special rights, immunities, and exemptions granted to the two Houses of Parliament, their committees, and their members. These privileges are enshrined in Article 105 of the Indian Constitution. Members of Parliament (MPs) are protected from civil liability (but not criminal liability) for any statement made or act performed in the course of their duties. These privileges are applicable only during a person's tenure as a member of the house and cease to exist once they are no longer a member.

The sources of these privileges are not exhaustively codified in a specific law. Instead, they are based on five sources, including constitutional provisions, various laws passed by Parliament, rules of both Houses, parliamentary conventions, and judicial interpretations.

Key parliamentary privileges are:

Freedom of Speech in Parliament: MPs have the freedom of speech and expression within the Parliament premises. However, this freedom is subject to the rules and procedures of the parliament, as stated in Article 118 of the Constitution. MPs are not allowed to discuss the conduct of judges of the Supreme Court and High Courts under Article 121.

Freedom from Arrest: MPs enjoy immunity from arrest in any civil case for 40 days before and after the adjournment of the house and also when the house is in session. No MP can be arrested within the Parliament premises without the permission of the respective house to which they belong. However, they can be arrested outside the premises for criminal charges under specific acts.

Right to Prohibit Publication of Proceedings: Under Article 105(2) of the Constitution, no person shall be held liable for publishing reports or discussions of the house authorized by the member of the house. This ensures transparency and allows important proceedings to be communicated to the public.

Right to Exclude Strangers: MPs have the authority to exclude non-members (strangers) from the proceedings. This right is crucial for ensuring confidential discussions and maintaining the sanctity of parliamentary affairs.

15. Legislative Procedure in Parliament

The legislative procedure is the same in both Houses of Parliament, and every bill must pass through the same stages in each House.

Bill: A bill is a proposal for legislation that becomes a law when duly enacted.

Types of Bills: Bills introduced in Parliament are of two kinds - public bills (government bills) and private bills.

Classification: The bills presented in Parliament can be categorized into four types:

Ordinary bills: These pertain to any matter other than financial subjects.

Money bills: These deal with financial matters such as taxation and public expenditure

Financial bills: These also address financial matters, but they differ from money bills.

Constitution Amendment Bills: These are related to the amendment of provisions in the Constitution.

16. Types of Bills: Public Bills and Private Bills

Public Bill:

  • Introduced in the parliament by a minister.
  • Reflects the policies of the government or the ruling party.
  • Has a greater chance of being passed by parliament.
  • Requires a 7-day notice for its introduction in the house.
  • Drafted by the concerned department in consultation with the Law department.

Private Bill:

  • Can be introduced by any member of the parliament other than a minister.
  • Reflects the mood of the political party on public matters.
  • Is less likely to be passed by the parliament.
  • Requires a prior notice of one month for its introduction in the house.
  • Its drafting is the responsibility of the members concerned.

Classification of Ordinary Bills

Ordinary bills go through five stages in Parliament before becoming law:

First Reading: A minister or any member can introduce the bill in either House, and it is published in the Gazette of India, marking the first reading.

Second Reading: The most crucial stage has three sub-stages:

  1. a) General Discussion: The House can take various actions, including immediate consideration, referring to committees, or seeking public opinion.
  2. b) Committee Stage: A committee examines the bill thoroughly, making amendments without altering its principles.
  3. c) Consideration Stage: The House discusses and votes on each clause separately.

Third Reading: The debate is focused on accepting or rejecting the bill. If the majority of members present and voting accept it, the bill is considered passed by the House.

Second House Consideration: The bill undergoes all three stages in the second House, which can pass it without amendments, return it for reconsideration, reject it, or keep it pending.

President's Assent: After passing both Houses (or a joint sitting), the bill is presented to the President. The President can give assent, withhold it, or return the bill for reconsideration, having a "suspensive veto."

Money Bills & Financial Bills - Characteristics

Money Bills:

Constitutional Provisions: Article 110 deals specifically with money bills.

Deals 'only' with the provisions mentioned in Article 110.

Certification of Speaker: The Speaker decides whether a bill qualifies as a money bill.

Introduced in: Money bills can only be introduced in the Lok Sabha.

President's Recommendation: President's recommendation is needed to introduce money bills.

Bills in Rajya Sabha: The Rajya Sabha cannot amend or reject money bills; it can only suggest changes.

President's Power: The President can either accept or reject a money bill but cannot return it for reconsideration.

Joint Sitting of the Houses: There is no provision for resolving a deadlock over money bills through a joint sitting.

Financial Bills:

Constitutional Provisions: Article 117(1) deals with the Finance Bill, and Article 117(3) deals with Finance Bills-II.

Also deals with matters of general legislation along with the provisions mentioned in Article 110.

Certification of Speaker: No certification by the Speaker is required for financial bills.

Introduced in: Financial bills can only be introduced in the Lok Sabha.

President's Recommendation: President's recommendation is required to introduce Financial Bill-I, but it is not required for Financial Bill-II.

Bills in Rajya Sabha: The Rajya Sabha can amend or reject both Financial Bill-I and Financial Bill-II.

President's Power: The President can return both types of financial bills for reconsideration.

Joint Sitting of the Houses: The President can summon a joint sitting to resolve a deadlock over financial bills.

Constitutional Amendment Bills:

Constitution Amendment Bills can be of three types, depending on the majority required for their passage and ratification by the States.

Simple Majority: Some amendment bills require a simple majority in each House of Parliament for their passage.

Special Majority: Other amendment bills need a special majority in each House, which means a majority of the total membership and a majority of not less than two-thirds of the members present and voting.

Special Majority and State Ratification: Certain amendment bills must be passed by a special majority in both Houses and also be ratified by the Legislatures of at least half of the States through resolutions to that effect.

House of Introduction: Constitution Amendment Bills can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha), and they must be passed by each House with a special majority.

17. Joint Sitting of Two Houses:

A Joint sitting is a provision to resolve deadlocks between the two Houses over the passage of a bill.

Conditions of Deadlock: Deadlock occurs when the bill is rejected by the other House, or if there is a disagreement over amendments, or if more than six months have elapsed without the bill's passage by the other House.

Applicability: Joint sittings apply to ordinary and financial bills but not to money bills or Constitutional amendment bills. Money bills have overriding powers of the Lok Sabha, while Constitutional amendment bills must be passed separately in both Houses.

Role of Speaker: The Speaker of Lok Sabha presides over the joint sitting, and in their absence, the Deputy Speaker or Deputy Chairman of Rajya Sabha takes charge.

Quorum: A joint sitting requires one-tenth of the total members from both Houses to constitute a quorum.

Instances of Joint Sittings: Since 1950, joint sittings have been invoked only thrice in India. Some of the bills passed through joint sittings include the Dowry Prohibition Bill in 1960, the Banking Service Commission (Repeal) Bill in 1977, and the Prevention of Terrorism Bill in 2002.

Budget In Parliament:

According to Article 112 of the Indian Constitution, the Union Budget is known as the Annual Financial Statement (AFS) and presents the estimated receipts and expenditures of the government for a financial year (from April 1 to March 31). It includes details of revenue and capital receipts, ways to raise revenue, expenditure estimates, and the economic and financial policy for the coming year.

The Budget goes through six stages in Parliament, including presentation, general discussion, scrutiny by Departmental Committees, voting on Demands for Grants, passing of the Appropriation Bill, and passing of the Finance Bill. The Budget Division of the Department of Economic Affairs in the Finance Ministry is responsible for preparing the Budget.

In 2017, the Budget presentation was advanced to February 1 from the last working day of February. The Railway Budget was merged with the General Budget, and the classification of plan and non-plan expenditure was abolished.

Key terms in the Budget include "receipts," which refers to money received by the government through earnings and borrowings. Plan expenditure pertains to spending under Five Year Plans, while non-plan expenditure covers other expenses like interest payments and pensions.

The government budget aims to reallocate resources, reduce inequalities in income and wealth, contribute to economic growth, bring economic stability, manage public enterprises, and reduce regional differences by promoting development in underdeveloped regions.

Components of Budget

Revenue Budget:

Revenue Budget comprises Revenue Expenditure and Revenue Receipts. Revenue Receipts include money earned by the government through taxes (e.g., excise duty, income tax) and non-tax sources (e.g., dividend income, profits, interest receipts). Revenue Expenditure includes expenses that do not impact the government's assets or liabilities, such as salaries, interest payments, pensions, and administrative expenses.

Capital Budget:

Capital Budget includes Capital Receipts and Capital Expenditure. Capital Receipts lead to a decrease in assets or an increase in liabilities of the government and include money earned through disinvestment and borrowings or loan repayments by states. Capital Expenditure is used to create assets or reduce liabilities and includes long-term investments in assets like roads and hospitals and loans given to states or repayment of borrowings.

Other types of budgets include:

Zero-Based Budgeting: Evaluates all expenses in each budget cycle, requiring justification for each new period.

Outcome Budget: Analyzes the progress and development outcomes of government programs.

Gender Budgeting: Incorporates a gender perspective to promote gender equality in budgetary processes.

Balanced Budget: Expected expenditure equals anticipated receipts for the fiscal year.

Surplus Budget: Expected revenues exceed estimated expenditures for the year.

Deficit Budget: Expenditure surpasses revenue for the designated year.

Measures of Government Deficit include:

Revenue Deficit: Excess of revenue expenditure over revenue receipts.

Fiscal Deficit: Gap between expenditure requirements and receipts, indicating borrowing needs.

Primary Deficit: Fiscal deficit minus interest payments, excluding previous years' interest expenditure.

18. Fiscal Policy and FRBM:

Fiscal policy refers to the government's use of revenue collection (taxes and non-tax sources) and expenditure to influence the economy. It helps control the flow of tax revenues and public spending to manage economic activity. A surplus occurs when the government receives more revenue than it spends, while a deficit occurs when it spends more than its receipts, necessitating borrowing or using foreign exchange reserves.

In India, fiscal policy aims to achieve rapid economic growth, price stability, and full employment. It plays a crucial role alongside monetary policy in managing the country's economy. It promotes capital formation, mobilizes resources through taxation, stimulates savings, and encourages private sector expansion while minimizing income and wealth disparities.

Deficit financing is used when the government cannot mobilize sufficient resources. It involves borrowing from the Reserve Bank of India, which creates money against government securities. The Fiscal Responsibility and Budget Management Act (FRBMA) of 2003 was enacted to institutionalize financial discipline, reduce fiscal deficit, and improve overall management of public funds. It set targets for reducing fiscal and revenue deficits, coordinating fiscal and monetary policies, and ensuring transparency in fiscal operations.

Amendments to the FRBM Act in 2012 mandated the presentation of Macro-Economic Framework Statement, Medium-Term Fiscal Policy Statement, and Fiscal Policy Strategy Statement along with the Annual Financial Statement and Demands for Grants. The NK Singh committee recommended fiscal deficit targets of 3% of GDP by 2020, 2.8% in 2021, and 2.5% by 2023.

19. Parliamentary committees

Parliamentary committees are a crucial aspect of India's governance system, assisting the legislature in its duties through supervision, control, and vigilance. They play a key role in sharing the workload of the legislature and offer valuable insights and detailed analysis on various issues under discussion. There are two main types of parliamentary committees: Standing Committees and Ad-Hoc Committees.

Standing Committees:

Standing Committees are permanent committees formed by Acts of Parliament and are further subdivided into different types:

Financial Committees:

  1. Public Accounts Committee (PAC): Examines the Comptroller and Auditor General of India's annual reports and consists of 22 members, elected by both Lok Sabha and Rajya Sabha, with the Chairman appointed by the opposition party's leader.
  2. Estimate Committees: Checks the annual budget estimates to assess the efficiency of existing economic policies, comprising 30 members elected by Lok Sabha, with the Chairman elected by the Speaker.
  3. Committee on Public Undertakings: Analyzes reports of Public Undertakings and CAG reports on them, consisting of 22 members, 15 from Lok Sabha and 7 from Rajya Sabha, with the Chairman elected by the Speaker.

Departmental Standing Committees: There are 24 of these committees, 16 under the Lok Sabha Speaker's jurisdiction and 8 under the Rajya Sabha Speaker's jurisdiction. Each committee has 31 members (21 from Lok Sabha and 10 from Rajya Sabha) and scrutinizes bills, annual reports of ministries, and demands for grants of concerned ministries.

Committees To Inquire: These include Committees on Petitions, Privilege, and Ethics, which handle specific inquiries related to petitions, privileges, and ethical matters.

Committees to Scrutinize and Control: Consists of various committees such as the Committee on government assurances, Committee on Subordinate Legislation, and more, which scrutinize and control different aspects of government activities.

Committees relating to the day-to-day business of the House: These include committees like the Business Advisory Committee, Committee on Private Members’ Bills and Resolutions, Rules Committee, and others, which handle day-to-day business and operational matters of the House.

House-Keeping Committees: These committees are responsible for internal housekeeping tasks like the House Committee, Library Committee, etc.

Ad-Hoc Committees:

Ad-Hoc Committees, on the other hand, are temporary and further categorized into Inquiry Committees and Advisory Committees. Inquiry Committees are appointed to investigate specific matters, while Advisory Committees provide advice on bills and refer them to select committees after passage in Lok Sabha or Rajya Sabha.

Previous year Questions

1. Consider the following statements: (UPSC 2007)
1. The Chairman of the Committee on Public Accounts is appointed by the Speaker of the Lok Sabha.

2. The Committee on Public Accounts comprises Members of Lok Sabha, Members of Rajya Sabha, and a few eminent persons of industry and trade.
Which of the statements given above is/are correct?
(a) 1 only    (b) 2 only     (c) Both 1 and 2      (d) Neither 1 nor 2

Answer: A

2.  What is the difference between “vote-on-account” and “interim budget”?(UPSC 2011)

1. The provision of a “vote-on-account” is used by a regular Government, while an “interim budget” is a provision used by a caretaker Government.
2. A “vote-on-account” only deals with the expenditure in Government’s budget, while an “interim budget” includes both expenditure and receipts.

Which of the statements; given above is/are correct?

(a.) 1 only

(b) 2 only

(c.) Both 1 and 2

(d.) Neither 1 nor 2

Answer: b

3.  When the annual Union Budget is not passed by the LokSabha (UPSC 2011)

(a.) the Budget is modified and presented again

(b.) the Budget is referred to the RajyaSabha for suggestions

(c.) the Union Finance Minister is asked to resign,

(d.) the Prime Minister submits the resignation of Council of Ministers

Answer: d

4. A deadlock between the LokSabha and the RajyaSabha calls for a joint sitting of the Parliament during the passage of (UPSC 2012)

  1. Ordinary Legislation
  2. Money Bill
  3. Constitution Amendment Bill

Select the correct answer using the codes given below :

(a) 1 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: a

5. In the Parliament of India, the purpose of an adjournment motion is (UPSC 2012)

(a) to allow a discussion on a definite matter of urgent public importance

(b) to let opposition members collect information from the ministers

(c) to allow a reduction of specific amount in demand for grant

(d) to postpone the proceedings to check the inappropriate or violent behaviour on the part of some members

Answer: a

6.  Regarding the office of the LokSabha Speaker, consider the following statements: (UPSC 2012)

  1. He/She holds the office during the pleasure of the President.
  2. He/She need not be a member of the House at the time of his/her election but has to become a member of the House within six months from the date of his/her election.
  3. If he/she intends to resign, the letter of his/her resignation has to be addressed to the Deputy Speaker.

Which of the statements given above is /are correct?

(a) 1 and 2 only

(b) 3 only

(c) 1, 2 and 3

(d) None

Answer: b

7. Which of the following special powers have been conferred on the Rajya Sabha by the Constitution of India? (UPSC 2012)

(a) To change the existing territory of a State and to change the name of a State

(b) To pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services

(c) To amend the election procedure of the President and to determine the pension of the President after his/her retirement

(d) To determine the functions of the Election Commission and to determine the number of Election Commissioners

Answer: b

8. What will follow if a Money Bill is substantially amended by the Rajya Sabha? (UPSC 2013)

(a) The LokSabha may still proceed with the Bill, accepting or not accepting the recommendations of the RajyaSabha

(b) The LokSabha cannot consider the Bill further

(c) The LokSabha may send the Bill to the RajyaSabha for reconsideration

(d) The President may call a joint sitting for passing the Bill

Answer: a

9.  The Parliament can make any law for the whole or any part of India for implementing international treaties (UPSC 2013)

(a) with the consent of all the States

(b) with the consent of the majority of States

(c) with the consent of the States concerned

(d) without the consent of any State

Answer: d

10. Consider the following statements: (UPSC 2013)

The Parliamentary Committee on Public Accounts

1. consists of not more than 25 Members of the LokSabha

2. scrutinizes appropriation finance accounts of Government

3. examines the report Comptroller and Auditor and General of India

Which of the statements given above is / are correct?

(a) 1 only

(b) 2 and 3 only

(e) 3 only

(d) 1, 2 and 3

Answer: b

11.  Consider the following statements:(UPSC 2013)

  1. The Chairman and the Deputy Chairman of the RajyaSabha are not the members of that House.
  2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: b

12. Consider the following statements regarding a No-Confidence Motion in India: (UPSC 2014)

  1. There is no mention of a No-Confidence Motion in the Constitution of India.
  2. A Motion of No-Confidence can be introduced in the Lok Sabha only.

Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: c

13.  Which one of the following is the largest Committee of the Parliament?(UPSC 2014)

  1. The Committee on Public Accounts
  2. The Committee on Estimates
  3. The Committee on Public Undertakings
  4. The Committee on Petitions

Answer: b

14.  The power to increase the number of judges in the Supreme Court of India is vested in (UPSC 2014)

  1. the President of India
  2. the Parliament
  3. the Chief Justice of India
  4. The Law Commission

Answer: b

15. Consider the following statements:(UPSC 2022)

  1. A bill amending the Constitution requires a prior recommendation of the President of India.
  2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
  3. A Constitution Amendment Bill must be passed by both the Lok Sabha and Rajya Sabha by a special majority and there is no provision for joint sitting.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: b

16. Consider the following statements: (UPSC 2021)
1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.

2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
(a) 1 only

(b) 2 only
(c) 1 and 3
(d) 2 and 3

Answer: b

17. Rajya Sabha has equal powers with Lok Sabha in (UPSC 2020)

(a) the matter of creating new All India Services

(b) amending the Constitution

(c) the removal of the government

(d) making cut motions

Answer: b

18. With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the Ilouse whether the powers to make regulations, rules, sub-rules, by-laws, etc. conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation? (UPSC 2018)

(a) Committee on Government Assurances

(b) Committee on Subordinate Legislation

(c) Rules Committee

(d) Business Advisory Committee

Answer: b

19. With reference to the Parliament of India, consider the following statements:

  1. A private member’s bill is a bill presented by a Member of Parliament who is not elected but only nominated by the President of India.
  2. Recently, a private member’s bill has been passed in the Parliament of India for the first time in its history.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: d

Previous year Mains Questions

1. Once a speaker, Always a speaker’! Do you think the practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India? (UPSC 2020)

2. Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in the past few decades. Highlight the factors as well as the areas in which this transformation could be visible. (UPSC 2020)

3. “Parliament’s power to amend the constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement, explain whether parliament under Article 368 of the constitution can destroy the basic structure of the constitution by expanding its amending power. (UPSC 2019)

4. Why do you think the committees are considered to be useful for parliamentary work? Discuss, in this context, the role of the Estimates Committee. (UPSC 2018)

5. Discuss the role of the Public Accounts Committee in establishing accountability of the government to the people. (UPSC 2017)

 


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