UNION LEGISLATURE

1 THE UNION
PARLIAMENT
 THE UNION PARLIAMENT

The Parliament is the body of people’s

representatives who have supreme power of
governance in a democratic country.

The Union Legislature comprises the President

and the two Houses of Parliament,i.e. The Lok
Sabha (House of People) and The Rajya Sabha
(Council of States).
 Federal Set-Up

In a federal system of government, all the

administrative powers are divided between the
Central and the State governments by the
Constitution and both are supreme within their
respective spheres.
 Importance of Federal Set-Up

1. 1.In a very vast country like India, it is not possible to break away
as a separate unit from the union of India. This is essential for
maintaining the unity and integrity of India.
2. It is also essential because we have various types of people.
3. There is a division of legislative and administrative powers
between the Union and the Sate Governments and none of them
could violate the limitations imposed by the Constitution.
4. The State have been given the right to participate in the
functioning of the govt. India has bicameral legislature.
5. NO system of federation can be successful unless both the Union
and the State have adequate financial resources to enable them to
discharge their duties.
 NON-FEDERAL OR UNITARY FEATURES

Some of the Unitary features of our Constitution are as

under:
1. A Strong Centre:
2. A single Constitution for Union and States:
3. Flexibility of the Constitution:
4. Single Citizenship:
5. Inequality of Representation in the Rajya Sabha.
6. Existence of Union Territories:
A Strong Centre:

In the division of powers 97 items are included in

the Union List, 67 items in the state List and 47
items in the Concurrent List.
Flexibility of Constitution:

In India, the Parliament can amend most of the

provisions of the Constitution single handedly, either
by a simple majority or by a two-third majority.
A Single Constitution for Union and States:

The framers of Constitution have provided for a

single common and unified Constitution, both for
centre and the States except for the State of Jammu
and Kashmir which has its own Constitution (article
370).
Single Citizenship:

Citizenship is common to all the people of various

States and Union Territories.
Inequality of Representation in the Rajya
Sabha:
Our Constitution does not accord equal
representation to all the States. It accords
representation to the various States in the Rajya
Sabha on the basis of their population. This means
that the States with larger populations send more
representatives in comparison to the States with
smaller population.
Existence of Union Territories:

Union Territories are directly governed by the

Central Government and do not enjoy any
independent powers or autonomy.
 LOK SABHA
The members are directly elected by
the people of India.
Term:
1. It is of five years.
2. It can be dissolved before the
expiry of its normal term by the
President on advice of Prime
Minister.
3. During Emergency may be
extended by Parliament for one
year at a time.
4. The new Lok Sabha must be
elected within six months after the
national emergency is lifted.
 Composition of Lok Sabha

Max. strength is 552.

Out of which :
1. not more than 530 members shall represent the
states.
2. not more than 20 members shall represent the
UT’s
3. two members of the Anglo-Indian Community
may be nominated by the President to the Lok Sabha
, in case he feels that this community is not
adequately represented.
 Qualifications for Membership

A person must:
1. be an Indian citizen
2. be at least 25 years of age
3. have his name in the electoral rolls in some part of the
country
4. not be an insolvent i.e. he should not be in debt and should
have the ability to meet his financial commitments
5. not hold any office of profit under the govt.
6. not be a proclaimed criminal
7. not be of unsound mind.
 Disqualifications for Membership

A person shall be disqualified if he :

1. holds any office of profit
2. is of unsound mind
3. Is an undischarged insolvent
4. Is not a citizen of India
5. Is so disqualified by or under any law made
by the Parliament.
 Vacation of Seats

1. If a member resigns by writing to Speaker or Chairman

2. If a member is, without permission of the House, absent
from all meetings for a period of 60 days
3. If a member becomes subject to any of the
disqualifications laid down in the Constitution or Act of
Parliament
4. If a person is already a member of the State legislature
and elected to the Parliament

5. If a person is disqualified from being a member on

ground of defection under the Anti-Defection Law.
 Parliamentary Procedure

Sessions
Quorum
Question Hour
Zero Hour
Resolution
 Sessions

Each House of Parliament shall meet at least twice

a year and the interval between two consecutive
sessions shall be less than six months.

Normally there are three sessions in a year

-the Budget session (Feb-May)
-the Monsoon session (July-august)
-the Winter session (Nov-December)
 Question Hour

The first hour on every working day of the House is reserved for
question unless otherwise decided by the Speaker.
There are three types questions:
i. Starred Questions are those to which a member wishes to have
an oral answer on the floor of the House. Supplementary questions
may be asked.
ii. Unstarred Questions are questions to which answers are given
in a written form. No supplementary question.
iii. Short Notice Questions relate to a matter of urgent
importance. Such questions are asked with a notice shorter than of ten
days. The minister concerned has to be asked whether he can reply to
the question at a short notice. It is for him to accept or not to accept
short notice questions.
 Quorum

The minimum number of the members to be

present in order to enable the House to transact its
business.
It is one-tenth of the total membership of each
house.
 Zero Hour

It refer to the period which begins at 12 o’clock

noon after the Question Hour and continues till the
lunch break which begins at one o’clock.
During ZH member raise all types of questions,
without any prior notice. The Presiding Officer
controls the House when faced with heated
discussions, charges and countercharges and
constant interruptions by the members.
 Resolution

Also a motion which is presented to House on a

matter of general public interest. A 15 days’ notice
has to be given for such a motion
The Speaker may allow a shorter period of notice,
The majority opinion on such a matter in the House
is known as Resolution of the House.
 Types of Motions:

Adjournment Motion:
⚫ An Adjournment Motion means a proposal to lay
aside all other business and take up a ‘definite
matter of importance’.
⚫ It is generally allowed on subjects such as:
⚫ a Railway accident resulting in the death of several
persons
⚫ a daring dacoty
⚫ some calamity like a devastating flood or a totnado
⚫ communal tension, etc.
No-Confidence Motion:
It is a proposal expressing lack of confidence in
the Ministry.
⚪ if the motion is passed, the Government has to resign.
⚪ confidence Motion is the reverse of the No-Confidence
Motion.
Censure Motion:
⚫ It is a motion censuring some policy of the
government or of an individual minister.
⚫ It may express indignation or surprise of the House
at the failure of the government.
 Other Motions:

⚫ Motion of Thanks:
The first session every fiscal year and the first session of Parliament after the
general elections is addressed by the President, which is moved in the House,
debated and approved. This type of motion is known as ‘Motion of Thanks’
⚫ Substantive Motion:
A resolution of the House providing opinion of the House on a particular
matter.
⚫ Motion of Impeachment:
Parliament moves a resolution to impeach a dignitary if he acts in violation of
the Constitution.
 Speaker of Lok Sabha

⚪ Is the presiding officer

of the Lok Sabha.
⚪ His position is of great
authority and
responsibility.
⚪ He has wide powers to
maintain discipline in
the House.
⚪ He ranks higher than all
Cabinet Ministers, other SPEAKER OF LOK
than the Prime Minister SABHA
himself. OM BIRLA
 Election of Speaker:

Speaker is elected from newly elected House meets

for the first time. His term is of five years. He can be
removed by the House, passing the resolution by
majority of the members.
 Role and Functions of the Speaker:

The Business of the House:

⚫ He presides over the meetings of the House.
⚫ He interprets the rules of procedure of the House.
His decision in all parliamentary matters is final.
⚫ All Bills passed by the House are signed by him
before going to Rajya Sabha or President.
⚫ He decides the admissibility of all questions and
resolutions, and motion of adjournment.
⚫ He puts the issues to vote and announces the results.
⚫ He decides whether a Bill is a Money Bill or not.
Administrative Functions:
⚫ He receives all petitions and documents in the
House.
⚫ He communicates the decisions of the House to the
concerned authorities.
⚫ He regulates the admission of visitors and Press
correspondents to the galleries of the House.
Disciplinary Functions:
⚫ He maintains order in the House.
⚫ In the case words used by a member are indecent of
unparliamentarily, the speaker may order that such words
be expunged from the proceedings of the House.
⚫ He decides whether there is a case for a matter relating to a
breach of Privilege or contempt of the House.
⚫ His decision is final in regards question whether a member
of Lok Sabha stands disqualified under Anti-Defection Law.
Parliamentary Committees:
⚫ He is the ex-officio Chairman of some of the
Committees of the House, such as Business advisory
Committee and the Rules Committee.
⚫ He appoints the Chairmen of all the Committees of
the House.
⚫ He issues directions to the Chairmen in all matters
relating to their working and the procedure to be
followed.
Miscellaneous Functions:
⚫ He presides over the joint sessions of Parliament.
⚫ In consultation with the Chairman of the Rajya
Sabha, he nominates personnel for Parliamentary
Delegations to various countries.
⚫ He presides over the Conferences of Presiding
Officers of legislative bodies in India.
 RAJYA SABHA

It is also known as
Upper House or Council
of States or Permanent
House. It represents the
federation of States of
the Indian Union.

RAJYA SABHA
 Composition:

The maximum strength of the Rajya Sabha can be 250

members. The members fall into two categories- nominated
and elected.
⚫ Nominated:
12 members are nominated by President from among
persons having special knowledge or practical experience in
matters such as: literature, Science, art and Social Service.
⚫ Elected Members:
238 members are elected by the states in the Union.
 Election:

⚫ The representatives of each State in the Rajya

Sabha are elected by the elected members of the
Legislative Assembly of each State.
⚫ The Rajya Sabha at present consists of 245
members, of whom 12 were nominated by the
President.
 Term:

⚫ The Rajya Sabha is a Permanent House.

⚫ It cannot be dissolved like the Lok Sabha.
⚫ The term of the member is of 6 years.
⚫ One-third of the total members of the House retire
after every two years.
⚫ Members can be re-elected if they so desire and if
their electors support them.
 Qualifications and Disqualifications
for Membership:
⚫
⚫ Are the same as those for membership of the Lok
Sabha except that of the age criteria. The minimum
age for contesting election for the Rajya Sabha is 30
years.
 Presiding Officers

⚫ The Vice-President of
India is the Ex-officio
Chairman of the Rajya
Sabha.
⚫ The Rajya Sabha elects a
Deputy Chairman from
among its members.
⚫ In the absence of the
Chairman, he performs
all functions and duties Chairman of Rajya Sabha
of the Chairman. Dr. Hamid Ansari.
 Special Powers of Rajya Sabha

⚫ Under article 249 of the Constitution, it may declare

that Parliament should make laws with respect to a
matter in the State list.
⚫ It may declare that the creation of new All-India
Services be made in the national interest.
Thereupon, parliament may create new services.
 Special Powers of Lok Sabha

⚫ Lok Sabha is more powerful than Rajya Sabha.

⚫ Motions of No-confidence against the government can only
be introduced and passed in the Lok Sabha. If passed Prime
Minister and the Council of Ministers resign collectively.
Rajya Sabha has no power over such motions.
⚫ Money Bills only be introduced in the Lok Sabha.
⚫ In case of deadlock over a non financial Bill, will of the Lok
Sabha normally prevails, as its strength is more than double
that of the Rajya Sabha.
Powers and Function of
Parliament
 Legislative Powers:

The Parliament is competent to make the laws on:

1.Matters in the Union List:
The Parliament can make the laws on all the 97 subjects mentioned in
the Union List, e.g. Defense, Communications, Foreign Policy, etc.
2. Matters in the Concurrent List:
Along with the Legislative Assemblies, the Parliament can make laws
on the 47 subjects listed in the Concurrent List. If there is a conflict
between the Union Parliament and the State Legislature on any law on
this list, the Union Law will prevail.
3.Residuary Powers:
The Parliament can make laws with respect to all those matters which
are not mentioned in any of the three Lists.
4.Matters in the State List: The Parliament can
legislate even on subjects included in the State List:
⚪ During the Proclamation of an Emergency.

⚪ When Rajya Sabha passes a resolution by a two-third majority that a subject

in State List has assumed national importance.
⚪ When two or mote States are of the opinion that the Parliament should
legislate on subject in the State List, the Parliament may make an Act on that
subject but that would be applicable only to the consenting States.
5.Ordinance:
When the Parliament is not in session, the President is empowered to
promulgate an Ordinance. Ordinances cease to operate after six weeks
from the re-assembly of Parliament, unless they are approved by the
Houses.
6.Period of Emergency:
When there is a total breakdown of the Constitutional machinery in a
State, a state of Emergency is declared in the State.
During the period of Emergency, the Parliament becomes the
legislature in the State concerned and assumes all powers, including the
financial powers of passing the State Budget.

7.Constitutional Functions:
Both the Houses of Parliament can amend the Constitution.
 Control over the Executive:

The Parliament exercises control over the

Executive in the following manner.
 Interpellation:
⚫ The questions are asked to obtain information on a matter of public
importance or to highlight a grievance. It is a valuable device against
injustice and slackness of the government.
Vote of No-Confidence:
⚫ If a Government acts against the Constitutional provisions, it can be
voted out of office by passing a vote of no-confidence against the Prime
Minister, or the
⚫ Ministry as a whole or any of its members. In such case, the whole
Ministry has to resign.
Adjournment Motion: An Adjournment Motion means a proposal to
lay aside all other business and take up a ‘definite matter of
importance’.
Some examples in the past:
a) Death of several persons due to the consumption of unlicensed
liquor;
b) Killing of senior IPS Officer in a place of worship, etc.

Other Motions of Censure:

They include:
⚪ motions of censure against a minister,
⚪ rejection of a Government Bill,
⚪ passing of a private member’s bill against the wishes of the
Government, etc.
Monetary Controls:
a) During the Budget session a cut motion may be
moved.
b) Parliamentary Committee on Public Accounts
ensures that public money is spent in accordance
with Parliament’s decision.
c) It examines reports of the Comptroller and
Auditor-General of India.
 Financial Powers

The Budget:
⚫ The Parliament passes the Union Budget, in two parts,
⚫ The Railway Budget,
⚫ The General Budget.
Supplementary Grants:
⚫ If the amount authorized for the current financial year is not sufficient, the
Government may make a fresh demand known as the ‘Supplementary Grant.’
Vote on Account:
⚫ If the Union Budget is not passed before the beginning of the new financial
year, there would be no money for the Executive to spend.
⚫ There is, therefore, a device known as ‘Vote on Account’ which authorizes the
Executive to draw funds from the Consolidated Fund until the Budget is passed
by the Parliament.
4) Fixating Salaries:
The salaries and allowances of Mps and Ministers are determined by
Parliament.

5) Permission for Taxes:

⚫ No tax can be imposed or money spent by the government without the
approval of Parliament.
⚫ In matters of finance the Lok Sabha enjoys mere powers than the Rajya
Sabha.
⚫ Money Bills can be introduced only in the Lok Sabha.
 Judicial Powers

Impeachment of the President:

⚫ The Parliament has the right to remove the President from
office through a procedure known as ‘Impeachment’.
⚫ In case of violation of the Constitution or grave misconduct,
either House may frame charges against the President.
⚫ If a resolution is passed by a two-third majority of total
membership of the House and by the majority of members
present and voting, the other House investigates the
charges.
⚫ If the other House too finds the President guilty he may be
impeached and removed from office.
Removal of Judges:
The Judges of the Supreme Court and High Courts, the
Chief Election Commissioner and the Comptroller and
Auditor General of India, if they are found guilty of
violating provisions of the Constitution.

Punishment:
The Parliament can punish a person for obstructing the
work of Parliament or showing disrespect to the House.
 Electoral Functions

⚫ Elects the President of India along with the State

Legislatures
⚫ Elects the Vice-President of India
⚫ The Lok Sabha elects its own Speaker and Deputy
Speaker from amongst its own members while the
Rajya Sabha elects its Deputy Chairman
 Other Powers

It may alter the name or State boundary

It can also form also new State
It make laws regarding the composition,
Jurisdiction and powers of the Supreme Court
It may establish also common High Court for two
or more States
 ANTI-DEFECTION LAW

The Constitutional Act 1985 (52nd Amendment)

This Act added a new schedule (10th Schedule) to the

Constitution setting up certain provisions regarding
vacation of seats and disqualification from
membership of Parliament and State Legislature on
grounds of defection.