INDIAN PARLIAMENT

The parliament is the legislative organ of the union government

The word Parliament is derived from the French word parler which means to
Talk

The parliamentary from of government is also known as Westminster model

government. ( Westminster is place in London where the British parliament
located)

Part V article 79- article 122 of the Indian constitution deals with the parliament

Article 79; - There shall be a Parliament

om

The Indian parliament consists three parts; - The president

The council of states

t.c

The house of the people

The presence of two houses is known as Bicameralism

The system of Bicameralism for the first time introduced in India by GOI Act of

sp

rin

1919.
either house

nt

The president is an integral part of constitution though he is not a member of

le

The Hindi names Rajya sabha and Loksa bha were adopted in 1954

The Rajya sabha was constituted on 3rd April 1952

The Lok sabha was constituted on 17th April 1952

Indian parliament held its first meeting on 13th May 1952

G.V. Mavalankar was elected as first Speaker and Ananta sayanam Ayyangar

w
w
.ta

was the first Deputy Speaker

British viceroy Lord Chelmsford laid foundation stone for Indian parliaments on
12th Feb 1921

On 18th Jan 1927 India parliament was inaugurated by Lord Irwin.

Terrorist attacks on Indian Parliament on 13th Dec 2001 ( 2008 Gr-2)

Article 80:- Composition of council of states (Rajya sabha)

Rajya sabha is considered as Upper house of parliament

The strength of Rajya sabha is decided by Parliament

INDIAN PARLIAMENT

According to Representation of Peoples Act of 1951 its maximum strength is

fixed at 250.

Out of which 238 are to be representatives of the states and Union Territories (
elected indirectly )

12 members are nominated by the president

The IV schedule of the Constitution deals with the allocation seats in Rajya
Sabha

Maharashtra

19

Andhra Pradesh

18

Tamil Nadu

18

West Bengal

16

Bihar

16

t.c

31

rin

U.P

sp

om

States which have maximum seats in Rajya sabha a follows:

Except Assam (7)

state.

No reservations in Rajya sabha seats.

w
w
.ta

all North Eastern states and Goa have one seat from each

le

nt

States which have minimum seats in Rajya sabha

Article 81 Composition of House of people (Lok Sabha) .

The Maximum strength of the Lok Sabha is fixed at 552

Out of this 530 are to be representatives of states

20 members are to be representatives of Union territories

2 members are to be nominated by president from Anglo Indian Community.

Its present strength is 543 +2. It was fixed by 31st constitutional Amendment

Act 1973
Article 82

Read justment after each census

After every census government constitute a Delimitation commission based on its

recommendations a readjustment is to be made.

INDIAN PARLIAMENT

Accordingly

parliament

has

enacted

the

Delimitation

commission

Act

in

1952,1962,1972,2002.

42nd Amendment Act 1976 froze the allocations of seats in Lok Sabha to the states
till the year 2000 at the 1971 level

84th Amendment Act 2001 extended this ban up to 2026

87th

Amendment Act 2003 provided for delimitation of constituencies on the basis

of 2001 census.

The delimitation of Constituencies is known as Gerri Maundering.

After Delimitation of constituencies Largest Constituencies in the country in terms

Smallest ones: -

South Mumbai and North- West Mumbai.

Article 330 of constitution provides for reservation seats for scheduled castes

t.c

om

of area are 1. Ladakh (J & K ) 2. Bar mar ( Rajasthan )

and scheduled tribes based on their population.

95th Constitutional Amendment Act 2009 extended the reservations up to 2020

As per Delimitation commission 2008 order 412 are general seats, 84 seats are

sp

rin

Duration of the Houses of parliament.

le

Article 83

nt

reserved for SCs and 47 for STs earlier it was 79 for SCs and 41 for STs.

w
w
.ta

Rajya Sabha

The Rajya Sabha is continuing chamber it is not subjected to dissolution.

1/3 of its members retire for every two years

The retiring members are eligible for re election

The constitution has not fixed the term of office of the Rajya Sabha, it is decided

by parliament.

The Representation of the People Act provided that the term of office shall be six
years.

Lok Sabha

It is not a continuing chamber

Its normal tenure is five years. After which it automatically dissolve.

President is authorized to dissolve the Lok Sabha at any time even before
completion of five years.

INDIAN PARLIAMENT

Its normal tenure can be extended during the operation of National Emergency.

Elections should conduct within six months after the emergency has ceased to
operate.

Article 84

Qualification for membership of parliament

He must be citizen of India.

He must not less than 30 years of age in case of Rajya Sabha, and 25 years of
age in case of Lok Sabha.

Must be a member of scheduled caste or scheduled tribe in any state if he wants

om

to contest to a seat reserved for them

Must not have any interest in government contracts, work.

Must not be director or hold a office of profit in as corporation in which the

t.c

Sessions of parliament.

sp

Article 85

rin

government has at least 25% share.

The president shall from time to time summon each house of parliament.

He can prorogue the houses

He can dissolve the house of people.

w
w
.ta

le

nt

Article 86: Right of president to address and send message to Houses

Article 87: Special address by the president

President can address the parliament at the commencement of first session after
each general election.

He can address the first session of each year.

Officers of parliament
Each of parliament of has its own presiding officer there is Speaker and a Deputy
Speaker for the Lok Sabha and Chairmen and Deputy Chairmen for Rajya Sabha A
panel of chairpersons for Lok Sabha and a panel of vice chairpersons for the Rajya
Sabha also appointed.
4

INDIAN PARLIAMENT

The Chairmen and Deputy Chairmen of Rajya Sabha

Article 89 states that vice president of India shall be ex-officio chairmen of Rajya
Sabha

He is elected by members of both the houses of parliament

He can be removed from office by a resolution passed by Rajya Sabha by an

absolute majority.
14 days prior notice should be given

Constitution does not provide any ground for his removal

He cannot preside over a sitting of the Rajya Sabha as its chairmen during his

t.c

removal motion is under consideration ( Article 92)

om

He can take part in proceedings without right to vote. His salaries and allowances

rin

are fixed by Parliament.

sp

Deputy Chairmen of Rajya Sabha

He is elected by the members of Rajya Sabha only.

He act as chairmen whenever vacancy occurs in chairmens office

His tenure is 5 years

He can resigns by writing to chairmen ( Article 90 )

He can be removed by a resolution passed by a majority of all members of Rajya

14 days prior notice should be given to presiding officer

w
w
.ta

Sabha

le

nt

Panel of Vice Chairpersons of Rajya Sabha

The chairmen of Rajya Sabha of nominates from amongst the members a panel of vicechairperson.
Any one of them can preside over the Rajya Sabha during the absence of the Chairmen or
Deputy Chairmen
Article 91 Powers of the Deputy Chairman of Rajya Sabha
Speaker of Lok Sabha (Article 93).
5

INDIAN PARLIAMENT

The institution of speaker originated in 1921 under the provisions of GOI Act of
1919
Initially the office of speaker was called as president

GOI Act 1935 was re designated it as speaker

G.V Mavalankar was the first speaker

The speaker is elected by the members of Lok Sabha

He presides the over the meetings of Lok Sabha

The date of election of speaker is fixed by the president

The tenure of speaker office is 5 years

He can resign at any time by addressing deputy speaker

He can be removed from his office if Lok Sabha passed a resolution by a

om

t.c

majority

He cannot preside over the Lok Sabha during the consideration of his removal
Whenever the Lok Sabha is dissolved the speaker does not vacate his office and

sp

rin

motion

nt

continues till the newly elected Lok Sabha meets.

le

Powers of Speaker

He adjourn the house or suspends the house in case of absence of a quorum

He does not vote in case first instance. He can exercise a casting vote in case of
tie.

w
w
.ta

He decides whether a bill is money bill or not

Money bills transmitted to Rajya Sabha only on his certification

He presides over the joint sitting of the two houses

He appoints the chairman of all parliamentary committees

He act as chairman of the Business Advisory Committee.

He decides the question of disqualification of member of Lok Sabha on the

grounds of defection under 10th schedule

Longest served speaker: ----

Balaram Jakkar ( 1980 1989

First women speaker: ----

Smt. Meera Kumar

INDIAN PARLIAMENT
Deputy Speaker

He is elected by members of Lok Sabha.

His is elected after Speaker election takes palce.

The date of election is fixed by the speaker.

He act as speaker whenever vacancy occurs in speakers office.

His normal tenure is 5 years.

He can resign at any time by addressing his letter to speaker

He can removed by a resolution passed by a majority of all members of Lok

Sabha.
His removing resolution can be moved only after giving 14 days prior notice.
Quorum:-

t.c

Article 100

om

rin

It is the minimum required to conduct the business of the parliament.

sp

At present quorum is 1/10 of that house.

nt

It can be increase or decrease by simple majority parliament.

le

Speaker proTem

w
w
.ta

Pro-tem speaker is mainly an operating and temporary speaker. To conduct the works in
the center pro-tem speaker is appointed for a limited time period. Generally in such a
condition when the Lok Sabha have been elected, but the vote for the speaker and deputy
speaker has not taken place, the pro-tem speaker is chosen. Pro-tem speaker is chosen

with the agreement of the members of the Lok Sabha so that he can carry on the
activities till the permanent speaker is not chosen.

Senior Congress leader Kamal Nath sworn in as the Pro-tem Speaker by President
Pranab Mukherjee for the 16th Lok Sabha. He will preside over the proceedings of
the House till the election of the Speaker.

Article 101

vacating of seats

A member of parliament vacate his seat in the following cases.

INDIAN PARLIAMENT
If he elected for both houses of parliament. He must be intimate within 10 days in
which he desires to serve if he fails to do so his seat in Rajya Sabha becomes
vacant.
If he elected to two seats in house he should opt either of seat otherwise both the
seats becomes vacant.
If he elected for both parliament and state legislature at a time he has to resign
his seat in state legislature within 14 days otherwise his seat in parliament
becomes vacant.

A person shall be disqualified on the following grounds

om

Article 102: Disqualifications for membership.

If holds any office of profit during his tenure

If he is of a unsound mind declared by a competent court

If he is not citizen of India or has voluntarily acquired foreign citizenship.

rin

t.c

sp

The question of disqualification on above ground is decided by president in consultation

nt

with election commission of India.

le

10th Schedule of the Indian Constitution (added by 52nd Amendment Act of 1985)

w
w
.ta

popularly known as Anti Defection Law is also provides following ground for
disqualification of members.

If an elected member gives up his party membership after he is elected to the

House.

If any nominated member joins after six months from the date of nomination

If any independently elected member joins in any political party.

If he dis obey the orders of his political party.

The question of disqualification on above ground is decided by presiding officer. His

decision is final and it cannot be challenged in any court.
Article 103 office of profit
Article 105 powers privileges of members of parliament.(2012 gr-2)
No member shall be arrest before and within 40 days of sessions of parliament without
presiding officer permission.
8

INDIAN PARLIAMENT
Article 106: salaries allowances of parliament members.
Article 107: Legislative procedure
Article 108: Joint sitting of both houses of parliament

President can call for a joint sitting of both houses in case of deadlock between
them over the passage of a bill.

The joint sitting is presides over by speaker of Lok Sabha.

The quorum to constitute a joint sitting is 1/10

Joint sitting applicable to ordinary bills and finance bills only and not money bill

om

and constitutional amendment bills.

t.c

Since 1950 parliament was held three joint sitting in following cases.

Dowry Prohibition Bill, 1960 The Lok Sabha did not agree to the amendments
Banking service Commission Bill 1977; the bill was passed by the Lok Sabha but

sp

rin

made by Rajya Sabha. A Joint sitting was held on 6th May 1961
rejected by the Rajya Sabha. A joint sitting was held on 16th May 1978.
POTA (Prevention of Terrorism) Bill 2002. The bill was passed by the Lok Sabha

nt

le

but rejected by the Rajya Sabha . A joint sitting was held on 26th March 2002

w
w
.ta

Article 109: Special procedure for passing of money bills

(2012 gr-2)

Article 110: Definition of money bill.

Article 111: Presidential Assent to the bills passed by parliament.

Article 112: Annual Financial Statement (Budget)
Article 116: Vote on account and votes of credit.
Article 117: Definition of finance bill
Article 120: All parliamentary proceedings takes place in Hindi and English.
Article 122: No parliamentary proceedings can be challenged in any court.

INDIAN PARLIAMENT

Bills in Parliament
The bills introduced in parliament can be classified in to following four kinds
a) Ordinary bills
b) Money bills
c) Finance bills
d) Constitutional amendment bills.

om

The constitution laid down separate procedure for the enactment of each bill
Enactment of ordinary bills

An ordinary bill can be introduced in either house of parliament

It can be initiated either by a minister or by a private member ( MP )

Prior permission of president does not required for its initiation.

Rajya Sabha can amend ordinary bill

There is a provision for Joint sitting in case of dead between houses.

President can exercise all his veto powers.

w
w
.ta

Enfacement of Money bills

le

nt

sp

rin

t.c

Definition of Money bill (Article 110): a bill said to be money bill if it contains
following provision.

The imposition, abolition remission, alteration of any tax

The appropriation of money out of the consolidated Fund of India.

The custody of the consolidated or contingency fund of India.

The regulation of the borrowing of money by the Union government.

Declaration of any expenditure charged on the Consolidated Fund of India.

Procedure for passing of Money Bills.

A money bill can be introduced in Lok Sabha only ( Not in Rajya Sabha )

It should be introduced by minister only

Previous recommendation of the president required.

Rajaya Sabha can suggest amendments but they are not binding on government
10

INDIAN PARLIAMENT

Rajya Sabha cannot reject the money bill

Rajya Sabha cannot retain the money bill not more than 14 days with itself.

There is no provision for joint sitting between houses

If it defeat in the Lok Sabha leads to the resignation of the government.

President has no veto powers.

Procedure for passing of finance bills.

A finance bill can be introduced in Lok Sabha only

It should be introduced by a minister only

It requires prior permission of president

It can be either rejected or amended by Rajya Sabha

In case of disagreement between houses the president can summon joint sitting
of the two houses.
President can exercise all his veto powers.

rin

t.c

om

sp

Constitutional Amendment Bill

nt

Article 368 Part XX of the Constitution empowers the parliament to amendment the

le

constitution

amendment;

w
w
.ta

Articles of the constitution have been classified into three categories for the purpose of

a) Article amendable by simple majority

b) Articles which requires special majority for their amendment

c) Articles which requires a special majority as well as ratification of state legislature
not less than 50% of the states with simple majority.
Amendment by simple majority.

A bill seeking to amend the following provisions of the

constitution requires only simple majority and such a bill is not considered as Constitution
Amendment bill under art. 368 of Constitution.
a) Admission or establishment of new States, formation of new states and alteration of
areas, boundaries or names of existing states (Art. 2, 3 & 4).
b) Creation or abolition of Legislative Councils in the State (Art. 169)
c) Quorum in the parliament

11

INDIAN PARLIAMENT
d) Use of official language
e) Provisions in second schedule
f) Salaries and allowances of the members of parliament. Etc...
Amendment by Special Majority. A number of provisions in the constitution requires
special majority for their amendment. That is a majority of total membership of that
house and by a majority not less than 2/3 members of that house present and voting.
Special majority is required only for voting at the third reading stage of the Bill.
Example: Fundamental Rights, DPSPs, Provisions under 7th schedule etc.
A bill seeking to amend the

om

Amendment by Special Majority and Ratification by States.

following provisions of the constitution has to be passed by special majority of both

t.c

houses of Parliament and has also to be ratified by 50% of state legislatures.

rin

a) The election of president

sp

b) The extension of the executive power of union and the states

Note:

nt

c) Distribution of legislative powers between the Union and States. etc.

The Constitution does not provide for any time limit within which the states must

w
w
.ta

purpose.

le

signify their ratification of a Constitution Amendment bill referred to them for this

Procedure for passing of Constitution Amendment Bill

A bill can be either house of parliament only

It can be initiated by either a minister or by a private member

Previous permission of the president does not require for its initiation

It should passed by both houses with special majority

Rajya Sabha enjoy equal status with Lok Sabha

There is no provision for Joint Sitting of the houses in case of disagreement

between them

President cannot exercise veto powers. (This provision was added by 24th
amendment act 1976).

12

INDIAN PARLIAMENT
DEVICES OF PARLIAMENTARY PROCEEDINGS
Question hour:

It is the first hour every parliamentary sitting

The questions directed towards the proper implementation of the national and
international policies as declared by the government.

The questions are three types

It is mentioned in the Rules of Procedure

These are distinguished by an asterisk

Requires oral answer

Supplementary questions cannot follow

rin

An un-starred question
These questions written answer

Supplementary questions cannot follow

le

nt

sp

A short notice question

t.c

om

A Starred questions:

It requires 10 days prior notice

Requires oral answer.

Zero Hour

w
w
.ta

It starts immediately after question hour

It is an India innovation

It has been in existence since 1962

Members are free to raise any matter without any prior notice

It is not mentioned the Rules of Procedure.

Adjournment Motion

It is introduced in the parliament to draw attention of the House on a definite

matter of urgent public importance

It requires 50 members support to be admitted

It interrupts the normal business of the House

13

INDIAN PARLIAMENT

Rajya Sabha not permitted to make use this device

It should not cover more than one matter

It should not move against any matter which is sunder adjudication by court

No Confidence Motion.
There is no provision in the Constitution regarding this

It requires 50 members support to admit this

It should be introduced in Lok Sabha only

If Lok Sabha passes this motion the council of ministers has to resign.

No confidence motion for the first time moved against Nehru

Maximum time No confidence motion moved against P.V. Narasimha Rao (8

om

t.c

times)

rin

COMMITTEES OF PARLIAMENT.

The Constitution of India makes a mention of these committees

These committees are appointed or elected by the house or nominated by

sp

It presents its report to the house.

w
w
.ta

Public Accounts Committee:

le

nt

presiding officer

This was set up first in 1921 under the provisions of GOI act 1919

It consists 22 members ( 15 from Lok Sabha and 7 from Rajya Sabha)

The members elected by parliament for every year

A minister cannot be elected as a member

The chairmen of the committee appointed by speaker from opposition party

Estimates Committee

It was constituted in 1950 on the recommendations of John Mathai

It consists 30 members

All members are drawn from Lok Sabha only

Rajya Sabha has no representation

The members are elected by the house every year

The chairman is appointed by speaker from ruling party.

14

INDIAN PARLIAMENT

The committee is also known as a continuous economy committee.

Committee on Public Undertakings

It was created in 1964

It was created on the recommendations of the Krishna Menon Committee

It consists 22 members (15 from Lok Sabha and 7 from Rajya Sabha)

It submits its report to speaker.

BUDGET IN PARLIAMENT

om

Article 112: of the constitution define budget as Annual Financial Statement.

Art 113: no demand for grants shall be made except on the recommendations of the

t.c

president

rin

Art 114 : no money shall be withdrawn from consolidated fund of India except under
appropriation made by law

sp

Art 117 no money bill shall be introduced in parliament except on the recommendations of

nt

the president and such a bill shall not introduce in Rajya Sabha.

le

Art 265 no tax shall be levied or collected except by authority of law

w
w
.ta

Railway budget was separated from general budget in 1921 on the recommendations of
ACWORTH COMMITTEE

Funds

Gullitone :-- disposal of all demands and put for voting without discussion

1. Consolidated & public account art 266

2. Contingency fund Art 267

15