UNION LEGISLATURE

SYLLABUs
duuaunausdui
The Union Parliament
1. The Union Legislature
IMPORTANCE OF
FDERAL SETUP
The
the Federal Setup in India Constitution of India has
ning of federal system of
provided fora
Sabha-term, 0sition, quaijications term
Tcderation has
Government, though the
armembership. arltamentary procedures: the Constitution
nowhere been used in
abriefidea of essions, quortim, qtrestion
djournient nd no
con/igkence motion The Constitution of
hour, India
originally provided
- eleefion andiyunctions. for a two tier
Speaker goverment the Union
Rotua Sabhacomposuion, qualificattons for government and the State
governments. Later, a

embership, election, term, Presiding Officer third level of federalism was added in the form
Auers and functions of Union Parliament of Panchayats and Municipalities.
In India. the
legislatipo, financial, judeial, eleciaral, power is divided between the Central
government
gnmendpent of Me Constitution, control-over and the constituent
States.
However, the Central
acurde). Excthusive pouersof the two Houses. gOvernment is more powerful than the States

(i) India is a large country with 28 States and

FEDERAL SETUP IN INDIA eight Union Territories. It is not possible

Federalhsm is a system of government in which Important Features of Federalism

thepower is divided between a central authority
There are two or more levels of government
and various constituent units of the country. and the diflerent levels of government govern
h contrast to a federal government, a unitary the sanme citizens, but each level has its|
gWernment is the one in which there is only own jurisdiction (legal authority) in specific
level matters of legislation, administration and
te of
government with the sub units
ng Subordinate to the Central Governunent. taxation.-
The jurisdiction of each level of government
in a is specified in the Constitution
federal system of qovernment, all the
uiTIstrative powers are divided between the The fundamental provisions of theConstitution
cannot be unilaterally çhanged by any one
and the State governments and both are
level of government. Such changes can be
preme within their espective spheres according of both the levels of
the consent
he stitution. The State Governments a r e
made by
tether the ager
ents of the Central Government
government.
The disputes
diffèrent levels of
between
or do
the drawN their authority fróm it. On which arise due to the exercise
governnent
he are settled by the
hand, both the Central and State of their respective powers
mrnents draw heir authority from the courts.
for each level of
ne of revenue

ystyreConstitution
Sources
federal demarcated to ensure
n of OVefnment,
ndia has opted for a
government
are clearly

otary bias. though with a strong their financial autonomy.

161
TheUnion Parliament
 to any ofthe above
ect
P r e s i dient's
e decision, in
Inthe Monsoon
Session of Pariarnent held
the
of the Election August 2014, it was decided in
the opinion by the Gereral
be nal
Purpose Committee that.
shal
1. The Question Hour in Rajya Sabha will begin
.
be imposed upon a person at 12 noon instead of usual 11 arn from
n
Hous
e i t h e r
of Parliament Winter Session of Parliament the
votes

not qualihed or that

sor
at he is The Zero Hour will
thereof. at 11 a.m
begin in the Rajya Sabha
asgualitied
ed for
membership

This was done to check

the
disruptions in the
SEATS House caused by the
b e r of either House of Parliament tendency of MPs to raise
s a to f a
member. issues, often basedon media
following situations: reports, and
2TIS VRCant
vzacant i n t h e demanding immediate suspension of Question
resigns his seat by writing to
Hour.
ember
fa peaker o r to the Chairman, as the votes
t h e S p e a
against the direction given by the
case may be. party to which he belongs. he shall be
member
is, ithout permission of the disqualified fromn being a member of the
fa
absent from
all meetings for a period House, provided there is not a split in the
In uting the said period party with at least one third of its mernbers.
60 days.
is taken of any period during
of
a c c o u n t

no

hich the House is prorogued

or is adjourned PARLIAMENTARY PROCEDURES
more
than four
consecutive days. Some formalities which the iegislators have
or
becomes subject to any of to observe in the Parliament as well as in
famember
.
disqualification laid down in the State
the Legislatures are called Parliamentary
or a n Act of Parliament. Procedures. Sorme of them are as follows
Constitution
f a person is alTeady
a member of the SEssIONS
ceate legislature and is elected to the The President summons each House of
Parliament, he has to vacate his seat in Parliament Each House shall meet at least
o r vice v e r s a .
the State Legislature twice a year and the interval between two
a person is disqualified
from being a Consecutive sessions shall be less than six
it f
member on ground of Defection under the months. Normally there are three sessions in a
Anti-Defection Law. According to the Anti year - t h e Budget session (February-May). the

Defiection Law, when a member of a House Monsoon session (July-August) and the Winter
gives up the membership of his party or session (November-December).

PARLIAMENTARY PROCEDURES

Sessions Legislative
Procedures

Motions
Quorum (Adjournment,
No-Confdence
etc.)

nterpellation Adjournment
and Prorogation
Zero Hour

The Union Parliament 165

 heg

Ho eibers
permusse
f4isinfinitt iilliut anU
.lt tu he 'iesilig he
t Tia eana ttat the a a mfi e
pri wilh lieated dis
e wna enl
i h a i g a l i l e j h a I g e s n i n d

inteitini y ieies

e tenth at ia t a lemberabi a
Tvro ( MiN
until their in a uinil
ber
iut
1oae alunuld tuhe
nlatiny

he firs hour ctetu ny da hç rnbes

hely ol
the nolin,
o Sabh t reveted far que ntiona u'ne With thr
he
ioverhehl
to quke llabl.
Thion alfenti
Whenetse devtule! hy the eaher ion Culai ller
am) s kown
(which usually ataita at
the
the Queativn Ho l in ntended o ke Adjournment Motion

Tinetioning af the gove men pen Hett Moton means

proposaltat..
mAY An Adournmenl
A nember l the I i c a n d take up a dete
Oy the
hebetN
anide all
other bH4Sness
finite
Ak quentionn fhom the Govenment oI mltet
urent nno1lance Such n Moti n
matter of
ofpublic interes 7he right of the membeF: t to the inlerrupion
of iOal Dusiness.
hnon Ieads
questions fhom the o e n m e n t t genera Motions a r e
aNA
the House Adjounmenl ly
as interpellation s iuch Tailway acciden ias a
allowed o n ubjee
o he Chan
deatlh ot several persons
resulting i n the
are addreused
Al qustions
to
Government is obliged some n a t u r a l calamity like
and, it admitied, the daring dacoity,
answer them A member has to gIve ten days devaitating
flood oT a tornado, communal
ot
notice for a question 1here a r r three typen fensiorn, cte

questions No Confidence Motion

those to which a

(0Starred Questions are Motton 1s a proposal expressing

have a n oral answer
A No Confidence
membe wishes to lack of confidence in the Ministry The Counoi
Such questions
on the floor of the House.
asteisk nark of Ministers is collectively responsible to the
are indicated by an
may be asked cntire Lok Sabha incuding the members ofthe
Supplementary questions
given No Confidence in the Government
to such quuestions are Opposition
after replies is moved by the Opposition. The House grants
by the Ministers.
to which leave to move No Confidence Motion only when
() Unstared Questionsarr questions of at least 50 members.
in a written form. No it has the support
answers are given
discussion
questions can be asked The Motion has to be laken up for
supplenmentary
within 10 days from the day on which the leave
thereon
On conclusion of the debate, the
Short Notice uestions relate to a
matter of is
granted.
(ui) vote. If the Motion
importance. Such questions
are Speaker puts the Motion to
urgent is passed, the Government has to resign.
asked with a notice shorter than of ten
The Minister concerned has to be Sometimes a No-Confidence Motion assumes
days.
asked whether he can reply to the question much importance-even a single vote counts
at a short notice. It is for him to accept n the 12th Lok Sahha, thegovernentbeaae
one
or not to accept short notice questions by Shri Atal Bihari Vajpayee lost just by

166 Total History &Civies-10

 ay er i
n e , if he 1s elercted as the
h e r of lie: Lnk Sabha
Ai The Speaker may IEsign from his post on
call the gounds by submitting a
csignation t e Deputy Speaker.
TE taker
a n also e removed by the Lok
Sabia if he majonty o the members
pass a
Caltion to this effect

beputy peaker: The Constitution provides for

e oince of ihe Deputy Speaker,
who performs the
duties of the Speaker when the latter is absent
WI ttin while the uffice of the Speaker is
A i vacant. The
'callc Deputy Speaker is elected or is remoyed from
ofle i he same way the
as
Speaker.
t
ROLE AND PUNCTIONS OF THE SPEAKER
ittrati a Slig/ex miember
The role and functions of the Speaker may be
alegorsed under the following heads:
sines The Busjness of the House

IThe Speaker presides over the meetings of

the House, All speeches and remarks are
addressed to the Speaker. He allots time
PEAKER OF THE L.OK SABIIA
for discussion.
eslIg ne ol le Lok 2. The Speaker interprets,the rules, of
h aheoi i il
u t l a the husines ofthe IHouse. procedure of the House, His decision in
sit
l Heal atitority and all parliamentary matters is final.
e
wtliiy le tiaH Wile j w e h lo mantiain 3All Bills passed by the House are signed by
him before they are sent to the Rajya
ithe tadle t l'ccedee hr tanks higher Sabha for its consideration or to the
hAY Al&atinet AMniateta, otlier than the Prine President for his assent.i
refe tiumel With renprt to thr dinehange

wa au tinetioms, the praker is

aiWtalle tu anyon exeept the louse.

A nt law ran gointo the nerits ol a

give by hin

heMrak ihe lok Nabla in elected

after the
thgit own embers soon

N lefed tlan e e t for the iust time,

dinnolvrd the Spraker does
i
t e tive le irmaina in oltice illa
a k r r i clected by the new lok Sabh
i tmertis The praker is elected for
Om Biula, Speaker of Lok Sabha
live yeatn eek
le can re cleeton
167
he
Unfon ParHament
 In egard to a
questhm wliether a
Ans{iate t lok Sabia staTds
Anti Defection law, thedisqpualitied
qyestit
rtered to the icc 1810m1 ofhe St
SPEARER onstitition says tlar Speaker akrt
shall be final ad cout
tIsdtion n this tegar
sh

Paramentan a ise7h1.Y Parliamentary Committees

The Speaker 15 he
CA ofJic (
Miscellaneus of some ol the
hanetios Coinitters
the Busi
of
the
such
netio1s nf the Sipe.aker
as

and the Rules Conumttee

Advisury Coma
ot all
Tihe Speaker decides the admissibility Heapponts Chamen of all the
resolutions He decdes the of the Hlouse,
qiestions and
of adjournment 3 H e issues directions to the Ch
admissibility of a motion

to vote and announces all mattets relating to tairnier

their
i e puts the issues

not vote in the procedure to be tollowedworkang ae

the results The Speaker does
the House, except when
there are cqual
Miscellaneous Functions
the Treasury
Votes on both sides. i.c..

Benches and the Opposition.

The Speaker presidesoverthe jo. sessut
of both the HousCs of Pariamens
decides whether a Bill 1s a
The Speaker 2 In consultauon with the Cham
Rajya Sabha, he nominates Dersof the
Money Bill or not.

Administrative Functions for Parliamentary Delegations to Vare

and countries.
receives all petitions
1. The Speaker
documents in the House. 3. He presides over the Conference of
Officers of leg1slative bodies in inda
Tesidr
communicates the decisions of the
He
authorities.
House to the concerned
RAJYA SABHA
3He regulates the admission of visitors and
Press correspondents to
the galleries of The Upper House or
the Council of tates
the House. known as the 'Rajya Sabha It represens
federation of States of the Indian Union.
Disciplinary Functions
maintains order in the COMPOSITION
1. The Speaker
House.When members become unruly, The maximum strength ot the Rajya Sabha ce
he may order them to withdraw. He may be 250 members The members fall into
categories-nominated and elected
suspend a member, if he/she disregards
the authority of the Chair. In case of grave Nominated Members: They are nan
disorder. he can adjourn the House. by the President from among persons hav
the words used by a member are special knowledge or practical experiene a
2. In case

indecent or unparliamentary, the Speaker matters such as; literature, science, at

may order that such words be expunged sOcial service The nominated members
from the proceedings of the House. 12 in number,

3. The Speaker decides whether there isa The principle of nomination is aimt
case for a matter relating to a breach of having distinguished persons in the
privilege or contempt of the House.i Chamber. In the past, many emnent pe.x
-

168 Total History &Civics-10

 nominated by the President to 2. He should be at least 30 years of age
have been

electoral
Sabha like Raja Ramanna (nuclear He should have his n a m e in the
ie
S a b h a
3.
rolls in some part of the country.
Sen (film producer), Hema
Rajya

the Mrinal
entist),

Singh Duggal (writer) he

He should not be a n insolvent, i.e.,
actres Kartar
4.
Deshpande (social worker), etc. debt and should have the
Mala Virmala D should not be in
commitments.
ability to meet his financial
Members:238 members are elected
under
deeteates in the Union The allocation of 5 He should not hold any office of profit
ht the
States is
the Sta the government.
ne
the
not equal, as this
am0ng
6. He should not be a proclaimed criminal
seats
HOuld be
undemocrai
Seats are allocated to
mind.
and the Union Territories on the
7 He should not be of unsound
the
their
f
ulation. Thus,Uttár Pradeshis DysoUAyFICATEÓN OF MEMBERSHIP
Dasis resented in the Rajya Sábha by 31 members,
sends sevenmembers.and Goa, Manipur, Samé conditions as for Lok Sabha.
one each. The Union
halaya and Mizoram PRESIDINe OFFICERS
of Delhi
ds three members, whereas ex-officio
Territory 1. The Vice-President of India is the
membér and Jammu and
cherry sends one
Puduc
Chairman of the Rajya Sabha He presides
iour members. vote o n any
Kashmir
sends
over its meetings. He cannot
he is not
issue discussed in the House
as
ELECTION

its member. However, in

c a s e of a tie, he
ntatives of each ate in the Rajya exercises his casting ote.
The elected members of the
aha are elected by the Chaiman
State in accordance
The Rajya Sabha elects Deputy absence
oI a
pislative Assembly each
Leg
2.
the
system of proportional representation from among its members In
Th the
of a single transferable vote. The of the Chairman, he performs all functions
h means
Tepresentatives Territories are
of the Union and duties of the Chairman.
as Parliament may
chosen in such a manner THE
The three representatives from
Delhi POWERS AND FUNCTIONs OF
Drescribe.
re
the members of the Legislative SABHA AND THE LOK SABHA
are elected by RAJYA
Assembly. The Parliament of India comprises the President,
The two
TERM
cannot
theLok Sabha and the Rajya Sabha.
competing centres
TheRajya Sabha is a permanent House.Itmember houses of Parliament are not
Each of
bedissolved like the Lok Sabha of power but are co-partners in the functioning
six
of the Rajya Sabha is elected for a period of
and status
government.They enjoy equal power
of the and
vears One-third of the total members in all spheres except in financial matters
House retire after every (two) years. Members in terms of the responsibility of the Council of
can be re-clected if they so desire
and if their which are exclusively in the domain
Ministers,
electors support them of the Lok Sabha.
with
TALIFICATIONS FOR MEMBERSHIP Rajya Sabha has equal powers
matters like the
disqualification for Lok Sabha in important
Qualifications and removal of the
the same impeachment of the President,
nembership of the Rajya Sabha are

as those for membership of the Lok Sabha Vice-President, Constitutional amendments and
and
minimun removal of the Judges of the Supreme Court
KCCpt that of the age criteria. The
ge for contesting election for the Rajya Sabha the High Courts. Every Presidential Ordinance,
S 30 years. The qualifications for membership proclamation of Emergency and proclamation
in a
Kajya Sabha are given below of the failure of constitutional machinery
State must be placed before both Houses of
H e should be an Indian citizen
The Union Parliament 169
rarliament. In case of disagreement between the comprises matters
husbandry, public
to
health,
related

Ocal governme
local riculture, ahi
agricultu-

two Houses, a joint sitting of the two Houses Parliament can legisla
decided by
police etc.} The ate
where matters a r e included in the State List
convened, o n subjects

majority vote. of an Er
Erneren
the Proclamation
(a) During
LEGISLATrVE PoWERS When the Rajya Sabha passes at
(b)
originate two-thirds majority that
Bills, other than the Money Bills,
can
by a

n any House of the

Parliament. No bill in the State List has assumed subys
oed natt
both the
can become a law unless agreed to by importance.
President
the more states are ofthe.
is disagreement, two or e
Houses. If there of Parliament
When
that the Parliament shou legsla opinr
both the Houses
summon
may issues . 9
meeting. At the joint-sitting, given in the State
subject State Lis
in a joint members OI a
of the Parliament ma make an Act o
are decided by a majority
and voting subject but that would be applicable
both the Houses present
make laws on to the consenting States
is competent to
The Parliament
The
Union List: Ordinances: The President is emy
1. Matters in the 5.
exclusive powers to
make laws an
Ordinance at a time
Parliament has to promulgate
mentioned in the
Union
is not in session. It has h
Parliament
on all the subjects same
subjects like
Defence, effect as an Act. All rdinances must
List, including important Foreign Affairs, etc. up before both the Houses for their approvaiput
Communications,
Banking, Ordinances cease_to operate after sy weeks
C o n c u r r e n t List: Along
2. Matters in the from the re-assembly of Parliament unless
Assemblies, the
with the State Legislative the Houses.
listed are approved by
Parliament c a n make laws
on the subjects they
in the Concurrent List, for example
education,
6. Powers during Bmergency:When there
succession, trade union. total breakdown of Constitutio
the
forests, adoption, is a

If there is a conflict
between the Union Parliament. machinery in a
State, a state of Emereen
on any law
in th1s the StateDuring the Derin
and the State Legislature is declared in
Parliament becomes
Law will prevail. of Emergency,
the the
list, the Union
Powers: The Parliament legislature in the State concermed and assumes
3. Residuary
residuary powers.
It means that
all powers, including the inanCial powers of
possesses
those budget.
it can make laws with respect to all passing the State

are not
mentioned in any of the
matters which
Union List, the State List FINANCLAL PowEKs
three Lists-the
and the Concurrent
List. A Money Bill canoriginate in the Lok Sabha
in the State List: The
State List only./After a Money Bill is passed by the Lok
4. Matters

Parliament
Powers and Functions of the

Constitutional
Financial Executive Electoral Judicial
Legislative Amendments

Union List Budget Interpellation Election of Impeachment

the President, o the
State List Supplementary Vote of of the
Constitution
Concurrent List Grants No-confidence Vice-President, President,
Powers Votes on Account Motion, Monetary Speaker, Removal of
Residary
Ordinances Taxation Control Deputy-Speaker Judges etc.

170 Total History &Civics-10

 r 4 thPa}/ h a for it9 2. Removal of Judges, etc: The Parlhament
KttRyu}ne gttt'1at rtisrke withi
anpetnowe the Judges of the Supreme Court
(iifuiterytfhe PayR Sabha arid the High Codrts. the Chief Election
CoTmmissioner and the Cormptroller and Auditor
General of India, if they are found guilty of
dgt "t Patiatnn passes the
violating provisions of the Constitution
fte itr the stirmaes
fit iture olt tiue aurerniient 3 Punishment : The Parliament can punish
" WaY dget was a person for obstructing the work of Parliament
A unth t t t s i l g r frrn 2i7 I or showing disrespect to the House in 196
the Parliament reprimanded the Editor of the
Snypintotntary tirants h e amount
Elhitz for ridiy uhing a member of the Parliament
ftof urret tinare jalyut is tot
get fiiniGnt iuay mak frrsh ElectosdsFunctions
pr f pp Theritary ( r a n i t The fndian Parliament has to perform certain

dte tsn Act trunt Eh init Bridget 1s electoral duties as well, such as:
fr ti teKiiang the 1The Parliament of India along with the State
f bala 1fApflthertr wonuld be Legislatures elects the President of India
t t r iyetnutre ty sprind There is,

e r_VtrwTi 8sVotr ti Account' 2 The Vice-President of India is electedby

both the Houses of the Parliament
a A t LactuuYe to draw funds
atrrl Purid until the Budget 3 The Lok Sabha elects its own SpeakeT and
Pariament Deputy Speaker from amongst its own

Baisties 6h13Ties and allowances of members while the Rajya Sabha elects

Mroste rs are (ietermirrd by Parliarnent its Deputy Chairman

peraiseion fot Taxe s. t a x can be Amendment of the Constitution

i nliucy sprnt y the government the

Both Houses_of Parliament can amend
v a l of thr Parbanent In Constitution. The amendment must be passed by
S a f r thirlk Sabha enjoys more
majority of total membership
cach House by a
tPaya Satha Money Bills can and by a two-thirdmajority of members present
d totl n the R Sabhal Once the and voting.Otherwise the amendment bill cannot
r the Pajya Sabha they have be passed. In some cases the amendment
t k 1, the Lok Sabha within 14
requires the ratifcation or
approval of half of
k a b h a may accept Or Ieject the
the Legislative Assemblies of States.
attfis f the Raya Sabha,

Afeial Poers
Control over the Executive
The Council of Ministers is collectively
ireacment of the President: The Ministers
responsible to thc Lok Sabha The
ar rorms some judicial functions. It remain in office as long as they enjoy the
ahfgnto remove the President from office confidence of a majority ot members in the
protedure knowrn as 'impeachment control
f ioiafion of the Constitution or grave
Lok Sabha.Parliament exercises over

the Executive in the tollowing manner

d ' , ither House may tramne charges
resolution to this
2 Presdent f
tspassed by a tws third majority of total
Tmership of the House and by the majority
enters present arnd voting., the other House
Uigates the charges If the other House too
1. Interpellation: TheQuestion Hour,Calling
Attention Notices and Half-an-Hour Discussion
are some of the devices to seek information
from the government about its policies and
performance Of these the most important 1

s the Question Hour The first hour of a sitting

the President
guilty, he may be impeached
enover from othce in both Houses is allotted for asking and

TheUnion Parfament 171

 mmatyni ti a mattei pib
oDtain
t
mustir r
arn
ul KIDE
nyutust
vuab d v e
of the prvefnr (irsyernifient

No-Confidence:
f a

Vote of Constitutnal
proVIsIofis,

cTy agaunst the ote

by passing
voted out of office or the
a n be Prime Miustrr,
against the i aya Satbtih ,
Ti
Contidence
whle or any
of its
menters

resign
at
has o
Mirstry as a

case,
the wholr Ministry for .
Such a

3Adjourn
ment
Motion:
Motion

the
acts Parhannt iay 1ea
censuring

airncd at
js
Ministers

adjournrnent
comnission
of the on
and o c c a s i o n s

of the
omiss1on

9 irn the Pajya anna

t1 1n
some
are allowed

h e following wert
,
Motions and de ure
which
Adjournment

of
several
persons
dur
Parhanen
the functions the
the past: faj death urnlicensed
liquor of Par
to the
consumption
of
Offhcer i n
a plate be dissolved Thie 13 2
senior
IPS wk Sabha
killing of
a
b)
of worship, ète The ExcLUSTVE PowERs op THE L
of C e n s u r e :
Motions
the
4.
Other control
over The Lok Sabha has speral
exercises
its
passed,
Parliáment which, if it rnore powerful
other motions
by
motions
Government

They
include: special powers are
n o - c o n f i d e n c e .

ot 3
amount to rejection

censure
against a
minister,
nembers Motions No-conice
of private
Bill, passing of a etc. governnent car cn
Government
Government,
wishes of the passed in the Lok
the the
bill against _During
Monetary
Controls:

be
moved.
majority vote, the P
5.
motion may Council of Ministers
Dudget sesSion
a cut Public
ACcOunts

Conmittee
on
accordance
The Rajya Sabha has
Parliamentary
spent in
public n o n e yis
a motior, and 1e.CE
that reports T
It examinesof
ensures

P a r l i a r n e n t ' s decision.
the exeCutive
with Auditor-General India
and 2. Money bills can only te
of the Comptroller
Lok Sabha. and upo e
Other Powers alter the
name or
sent to the Raya Sabna
Parliarnent may also
1. The it can
deliberated on tor
boundaryof
the State if needed, t e r r i t o r i e s
the
new
State by merging 3. In case of a deadiock
form a a part
States or by separating Houses Over a no-
of existing
teritory
irom a State the will of the Lok Sabcanon
of a
the composition as its strength1S more
laws regarding
2. It makes the Supremne
and powers of ofthe Rajya Sabha
jurisdiction
Court. THE TE
establish a common RELATIONSHIP BETWEEN
Parliament may
3 The
States. HOUSES OF THE PARLLAMEN
or m o r e
Court, for two
High DIFFERENCES
oF THE RAJYA SABHA s
ExCLUSIVE PowERS
exclusive
Parliament cogsistsofw a s
has some The
Rajya Sabha bot:e
1. The
cannot. and colaboration cf
the Parliament Paricipation
powers. Though

Total History&Civics-10
172
 r all legisl uve tunctions. HoweveT Lok Sabha. which may
r i o n recøgnises the superiority of
tnergrpar ezet afnrp
Or reject a or any of the r e c a n e r d a t r s
on Sabha
ovef the Rajya Sabha the Rajye Sabha
L o k

Saba represents the eople directly

i e

The
Lok
Control over the Ezecutive
its members
m pers/are elected by the people. On
Members of both the Houses can put questin.s
hand. the
hand.
the Rajya Sabha represents the
to Tinisters about the work of trer
other

rea t e s
rhe
of the
Indian Union and its members depanrnent
But the Lok Sabha is . ore powerful tha
re elected indirectly by the members of the
ndirectj

theRajya Sabha The Cour.. Minister

State
e
Legis
ative Assemblies. They never have responsible oniy to the Lok Sabra. Paia $atr
the people. Because of this, the Lok
* g ot o
hand in
cannot pass a Motion expressing No-Contcer
Sabha. given
an upper many matters in the Council of Ministers. Adjournrmert MoOT
ncerning t h e Parliame
ndicating a strong disapprnal of the pol

We
shall discuss their relationship here below GOvernment is moved only ir. Lok Sabha
E OVER THE LEGISLATVE MATTERS Election of the President and the
Vice-President
F F E R E

lative ctions belong to two categories

Bills (b)Money Bills. Every elected menber of the Parliamernt stands
Ordinary on equal footing in the election of the President
Ordinary Bills Ordinary Bills may or the Vice-President of india However the
1.
House. If there is
nate
in either
disagreement Lok Sabha has a ggeater say on such matters
between the two iouses, the bill is referred
because of the strength of its ru.bers
ioint-sitting of both the Houses. In such
cases
hoth the Houses are placed on an equal Impeachment
the Rajya Sabha is in a
lowever, In matters of impeachment of the Presidert of
footing.
eaker position, ince the total membership India or the Chief Justice or a Judge of thE
Sabha is less than even half of the Supreme Court or of a Higr. Court. both Houses
of Rajya
of the Sabha. Besides, the
Lok nave absolutely equal pOwer chment
roTal strength
int Session is presided over by the Speaker can be initiated in either Hovse and the otner
Sabha. House has an equal say in the judgement
of the Lok
2. Money Bills: In case of Money Bills. Emergency Provision
he Rajya Sabha hás virtually no powers. It In case of proclamatuon of a National Energency
cannot reject aMoney Bill nor amnend it by and if the Lok Sabha is dissolved, it is the Rajya
irtue of its own powers. It must, within the Sabha which shoulders all he responsibilities
stipuated period of 14 days, return the Bill to the of the Union Legislature

ARTICLE 370 AND 35A REVOKED

Origin of Articles 370 and 35A to join the Dominion of India had to sign an

With the end of British rule and India gaining Instrument of Accession' (loA).

independence on August 15, 1947, Jarmmu
and Kashmir along with other Princely States
became independent as well. The lndian
Independence Act, 1947 gave these Princely
States three options: to remain an independent
tate, to join the Dominion of India or to join
the Dominion of Pakistan. The State willing
Initially, the ruler of Jammu and Kashmir
Maharaja Hari Singh, decided not to join
either India or Pakistan and chose to remain
independent. But following an attack from
tribesmen (Kabayalis) backed by Pakistan's
Army, Han Singh sought help from India and
decided to accede to India. He signed the loA

The Union Parliament 173

 uOvernor-General Lord Mountbatten AD
accepted it on October 27, 1947. Under this The Central Government took an i took an importans
lOA, Jammu and Kashmir surrendered oniy and Constitutional
political step on
three subjects Defence, External affairs 5, 2019 by abrogating Article
August 370 ang
and Communications to the Indian State bifurcating
Jammu and
Kashmir nto
Kashmir twn
This was accepted of Union Territories (UTs), ie.
by the Government separate
Jammy
India, subject to future final settlement. The and Kashmir with a Legislat
Assembly an
Assembly
matter was placed before the Constituent Ladakh without a Legislative.
35A, which originated from the provision
Assembly. Artice
Assembly of India, which was dealing with the 35A,
task of framing the Constitution of India. After Article 370
stands null and void
a lot of deliberation, Article 370 was inserted The bifurcation of Jammu and Kash
the Constitution's Twenty-First Part
that Kashm
in
into two Union
Territories into
came
effect
proclaimed it to be Temporary, Transitional on October 30, 2019. Gi
at midnight nsh
and Special Provision'. and Radha Krishna Mari.
on
Chandra Murmu athur
Included in the Indian Constitution sworn in as Lieutenant Governors
were
October 17, 1949, Article 370 accorded Special Kashmir and Ladakh respectivc.
Jammu and
Status'to Jammu and Kashmir giving Jammu
draft its October 31, 2019.
on
and Kashmir Legislature free rein to
in the areas citizen from any part of the
own Constitution and laws, except Any Indian
of Communications, Defence, and Foreign country will
now be able to buy property in
had
Affairs. As a result, Jammu and Kashmir Jammu and Kashmir,
take a government ioh
its own Constitution, Flag, and Penal Code and all the government
and enjoy scholarships
Article 35(A) was introduced through benefits as are available to the citizens of India
in 1954, on the
a Presidential Order in other States. Children of a woman marrying
of the Jammu and Kashmir ill not lose
outside Jammu and Kashmir
recommendation

Constituent Assembly. This article empowered

and Kashmir to property rights.
the legislature of Jammu
define who were the State's permanent The people of Jammu and Kashmir
residents' along with their special rights and and Ladakh, will now get all the benefits like

privileges. For instance, no one, except those the government employees will get salaries as

residents of Jammu
defined as permanent per the Seventh Pay Commission, reservation
and Kashmir' were entitled to property rights
in Government jobs and other benefits from
in the State,employment in State government, Government
social benefits
various schemes launched by the
or to scholarships and other
of India for the welfare of people.
provided by the State.
Existence of Article 370 After the Abrogation of Article 370
During the
Special power exercised by Jammu and Kashmir. | No special powers.

Dualcitizenshi Single citizenship

DE
Separate Constitution and Flag for Jammu and Constitution of India and the Tricolour wil
Kashmir the only Flag.

Article 360 (Financial Emergency) not applicable. Article 360 will be applicable.

174
TOtal History &Civics-10
 rvation 1or minorities
N TeserVation Minorities will be eligible for reservation
zens trom other
er tates cannot buy land | People from other
Indian
in arnmu aud Kashmir.
Jamm
tates will be'able to purchase
land or
p r o p e r t y
property in Jammu ánd Kashmir.
or
RTI will be
RTI not applicable.

applicable.
Duration of
of Legislarive Assembly for 6 years.
Legislai

Assembly duration in Union Territory of Jammu

and Kashmir will be for 5
years.
Denal Code for Jammu and Kashmir.
R a n b i rP e n a l The Indian Penal Code.

CHAPTERRAT A GLANCE
Legislature comprises the President and the two Houses of Parliament
Union Legisla the Lok
the Rajya Sabha
Jhe

and
Sabha
The Lok Sabha

K
The
term of the Lok Sabha is 5 years unless it is dissolved earlier.
composition: The Lok Sabha consists of not more than 552 members-530 members are
ted
elec
from States and 20 members from the Union Territories (UTs).
ualifications for membership: A candidate for election to Lok Sabha must be (i) a citizen of
India; ti) not less than 25 years of age; (ii) not holding any office of profit; (iv) not an
insolvent; () not a proclained criminal; (vi) registered in the electoral rolls; and (vi) not of
unsound mind.

Disqualification of membership: A person shall be disqualified for being chosen as, and for
being, a member of Lok Sabha-i) for holding any office of profit under the Government of
India or any State; (i) if he has an unsound mind; (ii) if he is an undischarged insolvent;
(iv) if he is not a citizen of India or has voluntarily acquired citizenship of a foreign country
and (v) if he is disqualified by or under any law made by Parliament.
Special Powers of Lok Sabha: (i) Motions of No-confidence against the government can only
be introduced and passed in the Lok Sabha; (i) Money Bills can be introduced only in the
Lok Sabha and the Rajya Sabha cannot reject or amend it. (ii) In case of a deadlock between
the two Houses, the will of the Lok Sabha prevails due to its higher numerical strength.

Speaker
Election: The Speaker is elected from among its members by Lok Sabha.
Role and Functions of the Speaker: Presiding oficer of the Lok Sabha with the following
powers-i) he regulates the proceedings of the House; (i) he certifies a bill as a Money Bill:
ii) he maintains discipline in the House; (iv) he puts the issues to vote and announces the
results; v) he does not vote in the House except when there is a tie, i.e., he has the casting
Vote; and (vi) he presides over the Joint Session of the Parliament.

ae Rajya Sabha
Term: The Rajya Sabha is a it cannot be dissolved. The term of office for
permanent body,
s members is six years, one-third of its members retire after every second year.

of not than 250 members, out of which 238

Oposition: The Rajya Sabha consists more

e clected and remaining 12 are nominated by the President.

TheUnion Parliament 175

 CTDerS of the Sabha are State Assemblies
Rajya eIecte
ystem of proportional representation by means of a Single transferable
ble semblies ith the
vote.
Qúalifications for membership: Acandidate for election to the Rajya
Rajya Sabha
Sabha
citizen of olding any
India; (1) not less than 30 years of age: (ii) not holding any office of proft unde
the government; and (iv ordinarily a resident of the State from
om which he
is contesting
Discwálification of membership: Same as Lok Sabra.
Ppecial Powers of Rajya Sabha: (i) The Rajya Sabha can declare
List as a national interest empowering the Parliament to l ubiect in the
the
subject of
Service; and It
legislate on
Permanent State
power to set up a new All-India (ii) is a
house
ouse, it It has
dissolved. cannot be
Powers and Functions of Parliament
I t enacts laws for the good governance of the country.

I t can pass a vote of No-confidence and thus dismiss the government in power

I t controls the finances of the Union.

The Members of Parliament can seek information by asking questions and supplem.

The Members of Parliament can move adjournment motions and, thus, criticise the goue ries.
Relationship Betseen the Lok Sabha and the Rajya Sabha- Differences
The Lok Sakna has more powersthan the Rajya Sabtna on account of its greater numericai st
Ordinary Bils can originaté in either House/of the Parliament, wherèas Money Bils c
can be
introduced only in the Lok Sabha. The Rajya Sabha cannot reject or amend the Mone
Bill

EXERCISES
I. Short Answer Questions
Name the three levels of government in a federal set up in India

2Name the law making body of the Union Government.

3. Name the main constituents of the Indian Parliament.

4. Name the two Houses of the Indian Parliament.

5. What is the maximum strength of members of the Lok Sabha?

6. Who is empowered to summon and to dissolve the Lok Sabha?

How are the members of the Lok Sabha elected?

8. What is the quorum to hold the meetings of the Lok Sabha?

9. How aré the Speaker and-the peputr Speaker o the Lok Sabha elected?

10. Who presides over the meetings of the Lok Sabha?

ment.
M e n t i o n the occasion on which the President addresses a joint session ot Parna

12. Who presides over the joint sitting of both the Houses of the Parliament?

76 Total History &Civics 10

 UNION
GOVERNMENT OF THE

President

(Executive) (Legislature)
Council of Ministerss Parliament

House of People
Council of States
(Lok Sabha)
(Rajya Sabha)
Not more than 550 members
Not more than 250 members

Not more Not more

12 nominated than 530 than 20
Not more than 238
by representatives of States
representatives
of States
representatives of
Union Territories
President and Union Territories

iv) He should not be an 1nsolvent i.e.. h.

CoMPOSITiON
The maximum strength of the Lok Sabha, as
provided by the Constitution is 550. Out of this,
(i) not more than 530 members shall represent
the States;
(ii) not more than 20 members shall represent
the Union Territories;
The 104th Constitutional Amendment Act
in January 2020 did away with the
passed
nomination of Anglo-Indians
provision of
Lok Sabha and certain state assemblies. The
reservation was provided for a period of 70 years
which would have expired on January 25, 2020.
The allotment of members to the various
States is made on a population basis. Uttar
Pradesh is represented in the Lok Sabha by
80 members; Maharashtra sends 48 members;
and
Goa, Manipur and Meghalaya two each;
Mizoram, Nagaland and Sikkim one each. The
Union Territory of Delhi sends seven
to the Lok Sabha.
QUALIFICATIONS FOR MEMBERSHIP
Conditions needed for a person to be a member of
Lok Sabha are:
He should be an Indian citizen.
()
(i) He should be at least 25 years of age.
(iii) He should have his name in the electoral
rolls in some part of the country.
should not be in debt and should havethe
ability to meet his inancial commitm
(v) He should not hold any office of prof
under the government.
vi He should not be a proclaimed criminal
(vii He should not be of unsound mind.
DIsQUALIFICATION OF MEMBERSHIP
A person shall be disqualified for being chosen
to as, and for being, a member of either House
of Parliament
(i) if he holds any office of profit under the
Government of India or the Government of
any State (other than an office exempted by
Parliament by law) but not a Minister for
the Union or for a State;
(i) if he is of unsound mind and stands so
declared by a competent Court;
members
(i) if he is an undischarged insolvent;
(iv) if he is not a citizen of India or has
voluntarily acquired citizenship of a foreign
State or is under an acknowledgment o
allegiance or adherence to a foreign poOwer,
() if he is so disqualified by or under any
law made by Parliament.
It any question arises as\ to whether
a member of either House of Parliament

164 TotalHistory &Civics-10