Chapter 8: Parliament

8.1 Parliament
8.2 Is Parliament a Sovereign Body?
8.3 Parliament of India
8.3.1 Evolution and Constitutional Provision for the Indian Legislature
8.3.2 Bicameral Institutions: Rajya Sabha and Lok Sabha
8.4 Functions and Powers of Parliament
8.5 Decline of parliament
8.6 Conflict between Judiciary and Parliament
8.7 Parliamentary Privileges
8.7.1 key aspects of parliamentary privileges in India:
8.7.2 Types of Privileges in India
8.8 Parliamentary Proceedings and Motions
8.9 Motions
8.10 Types of Bills
8.11 Stages of Passing of Bills
8.12 Budget in Parliament and Financial Process
8.13 Budgetary Motions
8.14 Funds of Government of India
8.15 Grants of the Government
8.16 Parliamentary Committees
 Chapter 8 : Parliament

8.1 Parliament
Parliament is a legislative body that plays a significant role in democratic governance in many countries around the
world. It is typically responsible for making laws, representing the interests of the people, and overseeing the actions
of the government.
In parliamentary systems, such as those found in the United Kingdom, Canada, Australia, India, and many others, the
parliament is the highest legislative authority. It is composed of elected representatives, often referred to as
members of parliament (MPs), who are chosen by the citizens through general elections.

The functions of parliament vary from country to country, but they generally include:

1. Legislation: Parliament is responsible for making laws, either by proposing new legislation or by amending
existing laws. Proposed laws, known as bills, are introduced and debated in parliament before being voted
upon.
2. Representation: Members of parliament represent the interests and concerns of the people who elected
them. They bring forward issues, concerns, and grievances from their constituents and work to address
them through legislation or other means.
3. Oversight: Parliament exercises oversight over the government, ensuring that it is accountable for its
actions. This includes scrutinizing government policies, budgetary decisions, and the overall performance
of government departments and agencies.
4. Debate and Discussion: Parliament provides a forum for open debate and discussion on various issues
affecting the country. MPs engage in debates, ask questions to government ministers, and hold discussions
on matters of national importance.
5. Budgetary Approval: Parliament plays a crucial role in approving the government's budget. MPs review
the proposed budget, suggest changes, and ultimately vote on its approval. This process helps ensure that
public funds are allocated in a transparent and accountable manner.
6. Representation of Minority Voices: Parliament serves as a platform for minority voices to be heard. MPs
from different political parties represent diverse viewpoints, allowing for a broad range of perspectives to
be considered in the decision-making process.
The parliamentary systems can vary in their specific structures and processes. Some countries have bicameral
parliaments, with two separate chambers, while others have unicameral parliaments. The powers and
responsibilities of parliament can also be influenced by constitutional frameworks and the specific political system of
each country.
8.2 Is Parliament a Sovereign Body?

The concept of parliamentary sovereignty refers to the supreme legislative authority of a parliament within its
jurisdiction. In some countries, such as the United Kingdom, parliamentary sovereignty is a fundamental principle of
their constitutional framework. In a parliamentary sovereignty system, the parliament has the ultimate power to
make and change laws, amend the constitution, and hold the government accountable. This means that no other
institution, including the executive branch or the judiciary, can override or invalidate the decisions made by the
parliament.

However, the concept of parliamentary sovereignty may not apply universally. Different countries have different
constitutional arrangements and principles that shape the powers and limitations of their parliaments. In some
countries, such as those with a constitutional or federal system, the power may be distributed among multiple
institutions, including the parliament, executive branch, and judiciary, with checks and balances in place.
Therefore, while parliament is often considered a sovereign body in the sense of having supreme legislative
authority within its jurisdiction, the extent of that sovereignty can vary depending on the specific constitutional
arrangements of each country.

British Parliament

" British Parliament can do everything except make a woman a man and a man a woman".

According to A.V.Dicey (A British jurist) principle of sovereignty has three implications

 1. Can make, amend, substitute or repeal any law.
2. Parliament can make constitutional laws by the same procedure of ordinary laws.
3. Parliamentary laws cannot be declared invalid by the judiciary (No Judicial review).

Indian Parliament

Indian parliament, on the other hand, cannot be agreed as a sovereign body as there are legal restrictions on its
authority and jurisdiction.
1. Written constitution of India: Parliament has to work within the limit prescribed by the constitution.
There is no legal distinction between the legislative authority and constituent authority of parliament.
2. System of Judicial Review (Article 13): Article 13 declares that the states must not make any laws
inconsistent with part III of the constitution violating Fundamental Rights or that take away or abridge
Fundamental Rights. Thus, the article provides a judicial review of the pre-constitutional and post
constitutional laws providing a synchronizing approach to the provisions of the constitution. It is one of the
checks and balances in the separation of powers. Judicial review is headed by Article 21 – Due process of
law. The court has power to declare any law as null and void if it goes against the constitution. N.J.A.C Act
2014 was declared unconstitutional by the supreme court as it would undermine the independence of
judiciary.
3. Federal system of government: The parliament has the authority to make laws to the subject mentioned
under Union list and concurrent list and not to the State list.
4. Fundamental Rights (Part - III of constitution): Fundamental rights also restrict the authority of
parliament. In normal circumstances, parliament cannot take the FR from the people.
5. Basic Structure Doctrine: Keshvananda Bharati v State of Kerala AIR 1973 SC 1461 provides that the basic
structure of the Constitution cannot be amended.
6. Limited power on election matters: Parliament does not have any say in matters pertaining to the
elections as the powers regarding such matters is vested with the election commission of India as per
Article 324.
7. Charges on consolidated fund of India: The expenses and salary of the Comptroller and Auditor General,
Supreme Court Judges, members of UPSC etc. are charged out of the consolidated fund of India and
Parliament does not have the power to diminish such allowances except during financial emergency.
Parliament has limited sovereignty over union servants as they are elected at the pleasure of the President
under Article 310.
8. Parliament itself derives its Power from Constitution: In India, Parliamentary Powers derive their
mandate from the Constitution and parliament has no unfettered or arbitrary jurisdiction to override the
constitution

8.3 Parliament Of India

The Parliament of India is the supreme legislative body of the country. According to Article 79, the Parliament
of India consists of the President and the two Houses namely the Lower House or Lok Sabha (House of the
People) and the Upper House or Rajya Sabha (Council of States). The President is an integral part of the
Parliament though he is not a member of either House. As an integral part of the Parliament, the President has
been assigned certain powers and functions.

8.3.1 Evolution and Constitutional Provision for the Indian Legislature

1. The Indian Council Act of 1861 introduced non-official members in the Executive Council and allowed them to
participate in the transaction of legislative business. The Legislative Council was neither deliberative nor
representative.
2. Indian Councils Act of 1892 empowered the council to discuss the budget and address questions to the
Executive.
3. Indian Councils Act of 1909 for the first time introduced both representatives as well as popular features.
4. The Government of India Act of 1919 brought further legislative reforms in the form of responsible
government in the Provinces. At the Centre, the legislature was made bicameral and an elected majority was
introduced in both the Houses.
5. The Government of India Act of 1935 contemplated a federation consisting of British Indian Provinces and
native states. It demarcated legislative power of the Centre and the Provinces through three lists: the Central
List, the Provincial List and the Concurrent List.
6. The Indian Independence Act of 1947 gave the legislature of the Indian Dominion full legislative sovereignty.
7. Articles 79-122 of Part V of the Indian Constitution deal with Constitution, structure, tenure, appointment of
ministers, powers and immunities of the Legislature. Parliamentary system is also known as Westminster
Model.

8.3.2 Bicameral Institution: Rajya Sabha and Lok Sabha

It is a bicameral institution, consisting of two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House
of the People).

1. Rajya Sabha (Council of States): The Rajya Sabha is the upper house of Parliament. It is composed of
members, known as Rajya Sabha members who are not directly elected by the people but are instead elected
by the members of the State Legislative Assemblies. The Rajya Sabha has a total of 245 members, with 233
members representing the states and union territories of India and 12 members nominated by the President of
India for their expertise in various fields. The Rajya Sabha plays a crucial role in reviewing and amending
legislation proposed by the Lok Sabha. Every member of the Rajya Sabha is elected for a tenure of six years.
One-third of its members retire after every two years. They are entitled to contest again for membership-term
elections take place to fill vacancies every two year.

1.1Election Procedure in Rajya Sabha: The members of the Rajya Sabha are elected by the b elected members of
the respective State Legislative Assembly in accordance with the principle of proportional representation by the
means of single transferable vote. Formula for election to Rajya Sabha

( )

1.2 Qualifications of the Member

1. Member of Rajya Sabha should be a citizen of India and at least 30 years of age.
2. He/She should make an oath or affirmation stating that he will bear true faith and obedience to
the Constitution of India.
3. Any Indian citizen can contest the Rajya Sabha elections irrespective of the State in which he
resides.
4. Elections are to be conducted through an Open Voting System.

1.3 1Presiding Officers-Chairman and Deputy Chairman: The Presiding Officers of Rajya Sabha have the
responsibility to conduct the proceedings of the House. The Vice-President of India is the ex-officio Chairman of
Rajya Sabha according to Article-89(1). Rajya Sabha also chooses from amongst its members, a Deputy Chairman
according to Article 89(2). There is also a Panel of Vice-Chairman in Rajya Sabha, the members of which are
nominated by the Chairman of the Rajya Sabha. In the absence of the Chairman and Deputy Chairman, a member
from the Panel of Vice-Chairman presides over the proceedings of the House.

1.4 Functions and Powers of Rajya Sabha: Some of functions and powers of Rajya Sabha are as follows:

1. Legislative Powers: In the sphere of ordinary law-making the Rajya Sabha enjoys equal powers with the Lok
Sabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless passed by it.
2. Financial Powers: In the financial sphere, the Rajya Sabha is a weak House. If the Rajya Sabha proposes some
amendments and the bill is returned to the Lok Sabha, it depends upon the Lok Sabha to accept or reject the
proposed amendments.
3. Electoral Powers: The elected members of the Rajya Sabha along with the elected members of the Lok Sabha
and all the State Legislative Assemblies together elect the President of India. The members of the Rajya Sabha
and Lok Sabha together elect the Vice-President of India. Members of the Rajya Sabha also elect a Deputy
Chairman from amongst themselves.
4. Amendment Powers: Rajya Sabha and Lok Sabha can together amend the Constitution by passing an
amendment bill with a 2/3 majority in each House.
5. Executive Powers: The Union Council of Ministers is collectively responsible to the Lok Sabha and not the Rajya
Sabha.

1.5 Special Powers of Rajya Sabha

1. According to Article 249, the Rajya Sabha can pass a resolution by 2/3rd majority of its members for declaring a
State List subject as a subject of national importance.
2. Such a resolution empowers the Union Parliament to legislate on such a state subject for a period of one year.
Such resolutions can be repeatedly passed by the Rajya Sabha.
3. According to Article 312, the Rajya Sabha has the power to create one or more new All India Services. It can do
so by passing a resolution supported by a 2/3rd majority on the plea of national interest.
4. In a similar way, the Rajya Sabha can disband an existing All India Service.

2. Lok Sabha (House of the People): The Lok Sabha is the lower house of Parliament and is directly elected by the
people of India through general elections. It is composed of Members of Parliament, known as Lok Sabha members
or Lok Sabha MPs. The Lok Sabha has a maximum strength of 552 members, with 530 members representing the
states and 20 members representing the union territories. Two members are nominated by the President of India to
represent the Anglo-Indian community, if the President believes that the community is not adequately represented.

The distribution of seats among the states is based on the principle of territorial representation which means each
state is allotted seats on the basis of its population in proportion to the total population of all the states. Each state
is divided into territorial units called constituencies which are more or less of the same size with regard to the
population. The normal term of Lok Sabha is five years. But the President, on the advice of the Council of Ministers,
may dissolve it before the expiry of five years.

2.1 Qualifications of the Members: Any Indian citizen can become a member of Lok Sabha provided he/she fulfils
the following qualifications.
1) He/She should be not less than 25 years of age.
2) He/She should declare through an oath or affirmation that he has true faith and allegiance in the Constitution
and he will uphold the sovereignty and integrity of India.
3) He/She must possess such other qualifications as may be laid down by the Parliament by law. He must be
registered as a voter in any constituency in India.

2.2 Reservation in Lok Sabha

According to Article 330, there is a provision of reservation in Lok Sabha for Scheduled Tribes and Scheduled Castes
on the basis of proportion of their population. At present, 84 seats for Scheduled Castes and 47 seats for Scheduled
Tribes are reserved in Lok Sabha.
2.3 Election to the Lok Sabha
For the purpose of holding direct elections to the Lok Sabha, each state is divided into territorial constituencies for
uniformity of representation in following two respects: Between the different States and Between the different
constituencies in the same State. The 42nd Amendment Act of 1976, froze allocation of seats in the Lok Sabha to the
States and the Territorial Constituencies till the year 2000 at the 1971 level. This ban on readjustment was extended
upto year 2026 by the 84th Amendment Act of 2001.

2.4 Officials of the Lok Sabha

1) Speaker is the presiding officer of Lok Sabha. The members of the House elect him. He/She remains in position
even after Lok Sabha is dissolved till the election of a new Speaker is done in his place by next Lok Sabha.
2) Deputy Speaker who is also elected by the House presides over the meetings. Both the Speaker as well as the
Deputy Speaker can be removed from office by a resolution of Lok Sabha passed by a majority of all the then
members of the House.
3) Secretary of Lok Sabha the permanent official of Lok Sabha and he is accountable to the speaker. He invites
members of Lok Sabha to its proceedings on behalf of the President.

2.5 Powers and Functions of Lok Sabha: Some of powers and functions of Lok Sabha are as follows:
1) Legislative Powers: It can make any law along with the Rajya Sabha in Union and Concurrent Lists. Whenever
the Rajya Sabha passes a resolution that a certain matter has national importance, then Lok Sabha can make
law on state subjects as well. Its legislative powers increase immensely during emergency.
2) Executive Powers: The President of India makes an annual speech in Lok Sabha which contains the policy of the
Government for the upcoming year and can be discussed by the members of the Lok Sabha only.
3) Under Article 75(3) of the Constitution, the Council of the Ministers has been made responsible to the House of
people that is Lok Sabha. The Council of Ministers remains in office till it enjoys the confidence of the Lok Sabha
if, it loses the confidence of Lok Sabha, the Council of Ministers shall have to resign.
4) Financial Powers: The Lok Sabha has a superior position in the financial matter as a Money Bill can only be
introduced in the Lok Sabha. Once a Money Bill is approved by the Lok Sabha, it is virtually enacted by the
 Parliament itself. The Lok Sabha alone has the exclusive power of sanctioning all Government expenditures. In
case of any dispute as to whether a particular bill is a Money Bill or not, the decision of the speaker of the Lok
Sabha is final.
5) Constitutional Powers: All bills of the Amendment of the Constitution require to be passed in the Lok Sabha.
Otherwise, the Amendments will not come into force with the exception of those which requires special
approval by one half of the State Legislature.
6) Judicial Powers: It has power to present proposal for the impeachment of the judges of Supreme Court and
High Court. Apart from this, it has power to punish those who violate its privileges.
7) Other Powers: It takes part in the election of the President, vice-President, Speaker and Deputy Speaker of Lok
Sabha. It gives permission to the declaration of emergency.

2.6 Special Powers of Lok Sabha: Some of special powers of Lok Sabha are as follows:
1) Motions of No-Confidence against the government can only be introduced and passed in the Lok Sabha.
2) Money Bills can only be introduced in the Lok Sabha.
3) In case of a deadlock between the two Houses over an ordinary bill, the will of the Lok Sabha normally prevails.

2.7 Equal Powers of Rajya Sabha and Lok Sabha

1. Equal right with the Lok Sabha in the election and impeachment of the President (Articles 54 and 61).
2. Equal right with the Lok Sabha in the election and removal of the Vice-President (Article 66). However, Rajya
Sabha alone can initiate the removal of the Vice-President. He is removed by a resolution passed by the Rajya
Sabha by a special majority and the Lok Sabha by a simple majority.
3. Equal right with the Lok Sabha to make law defining parliamentary privileges and also to punish for contempt
(Article 105).
4. Equal right with the Lok Sabha to approve the Proclamation of Emergency (issued under Article 352),
proclamations regarding failure of the constitutional machinery in states (issued under Article 356) and even a
sole right in certain circumstances.
5. Enlargement of the jurisdiction of the Supreme Court and the UPSC.
6. Approval of ordinances issued by the President.
7. Equal right with the Lok Sabha to receive reports and papers from various statutory authorities:
 Annual Financial Statement [Article 112(1)]. I
 Audit reports from the Comptroller and Auditor General of India/CAG [Article 151(1)].
 Reports of the Union Public Service commission. [Article 323(1)].
 Reports of the Special Officer for the Scheduled Castes and Scheduled Tribes [Article 338(2)].
 Report of the Commission to Investigate the Conditions of the Backward Classes [Article 340(3)].
 Report of the Special Officer for Linguistic Minorities [Article 350 B(2)].

2.8 Special Powers of Lok Sabha with Respect to Rajya Sabha

1. A Money Bill can be introduced only in the Lok Sabha and not in Rajya Sabha.
2. Rajya Sabha cannot amend or reject a Money Bill. It should return the Bill to the Lok Sabha within 14 days with
or without recommendations.
3. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha. In both cases,
the Money Bill is deemed to have been passed by the two Houses.
4. A Financial Bill, not containing solely the matters of Article 110, also can be introduced only in the Lok Sabha
and not in the Rajya Sabha. But, with regard to
5. its passage, both have equal powers. The final power to decide whether a particular Bill is a Money Bill is vested
in the Speaker of the Lok Sabha.
6. The Speaker of Lok Sabha presides over the joint sitting of both the Houses.
7. The Lok Sabha with greater number wins the battle in a joint sitting except when the combined strength of the
ruling party in both Houses is less than that of opposition parties.
8. Rajya Sabha can only discuss the budget, but cannot vote on the demands for grants.
9. A resolution for the discontinuance of the National Emergency can be passed only by the Lok Sabha and not by
the Rajya Sabha.
10. The Rajya Sabha cannot remove the Council of Ministers by passing a no-confidence motion. This is because
the Council of Ministers is collectively responsible only to the Lok Sabha.

2.9 Special Powers of Rajya Sabha with Respect to Lok Sabha

Rajya Sabha enjoys some special powers with respect to Lok Sabha such as:
1. Legislation on State Matters
1. As a federal chamber, it can initiate Central intervention in the state legislative field.
2. Article 249 of the Constitution provides that the Rajya Sabha may pass resolution, by a majority of not less
than two-third of the members present and voting, to the effect that it is necessary or expedient in the national
interest that Parliament should make laws with respect to any matter enumerated in the State list.
3. If such a resolution is adopted, Parliament will be authorised, to make laws on the subject specified in the
resolution, for the whole or any part of the territory of India.
4. A resolution about the matters of state list will remain in force for a period not exceeding 1 year or as may be
specified therein. This period can be extended by 1 year at a time by passing further resolution.

2. Creation of All India Services

1. Another exclusive power of the Rajya Sabha is contained in Article 312 of the Constitution wherein if the Rajya
Sabha passes a resolution by a majority of not less than two-third of the members present and voting declaring
that it's necessary or expedient in the national interest to create one or more All India Services.
2. It can be common to the Union and the States and Parliament will have the power to create by law such services.

3. Approval of Proclamation
1. The provision to Clause (4) of the Article 352 of the Constitution, provides that if a proclamation of Emergency is
issued when the House of the people remains dissolved and a resolution approving the 1 proclamation is passed
by the Council of States. In this case, the proclamation would be legally effective upto a maximum period of 30
days from the date on which the House of the people first sits after its reconstitution.
2. This provision, therefore, appears to suggest that there might be an occasion when the Council of States could be
called into a session at a time when the House of people stands dissolved.
3. The provision to Clause (3) of the Article 356 of the Constitution which relates to the proclamation to be issued by
the President in case of failure of constitutional machinery in a state, contains a similar stipulation.

2.10 Difference between powers of Lok Sabha and Rajya Sabha

Rajya Sabha Lok Sabha

The members of the Rajya Sabha are elected by the Legislative
Assemblies of the respective States on the basis of
proportional representation
The Money Bills cannot be introduced in the Rajya Sabha
The Council of Ministers is no responsible to the Rajya Sabha
Therefore, a no-confidence motion cannot be introduced in
the Rajya Sabha.
The Vice-President is the representative of Rajya Sabha.
The Rajya Sabha has lesser powers than Lok Sabha in certain
areas.
The members of the Lok Sabha are elected by the people
directly on the basis of the secret vote and Universal Adult
Franchise
The Money Bills can be introduced only in the Lok Sabha.
The Council of Ministers is responsible to the Lok Sabha. It can
remove a government from office by passing a resolution of
no-confidence.
The representative of Lok Sabha is the speaker of Lok Sabha.
The Lok Sabha is more powerful.

8.4 Functions and Powers of Parliament

The functions and powers of the Indian Parliament can be divided into Legislative, Executive, Financial and other categories.

1. Legislative Functions and Powers

1) Parliament is a Law-making body. There are three lists namely Union List, State List and the Concurrent List. Only
Parliament can make laws on the subjects mentioned in the Union List.
2) Along with the State Legislatures, the Parliament is empowered to make laws on the Concurrent List. In case, both
the Centre as well as the States make a law on the subject mentioned in the Concurrent List then the Central law
prevails upon the state law if there is a clash between the two.
3) Any subject not mentioned in any list i.e., residuary powers are vested with the Parliament.

2. Financial Functions and Powers

1) Parliament enjoys the supreme authority in financial matters. The executive cannot spend any money without
Parliament's approval. No tax can be imposed without the authority of law. According to Article 112 of the Indian
Constitution, the Union Budget of a year is referred to as the Annual Financial Statement.
2) The Government places the budget before the Parliament for approval. The Budget goes through six stages:
Presentation of Budget, General Discussion, Scrutiny by Departmental Committees, Voting on Demands for Grants,
Passing of the Appropriation Bill and Passing of the Finance Bill. The passage of the Budget means that the
Parliament has legalized the receipts and expenditures of the government.
3) The Public Accounts Committee and the Estimates Committee keep a watch on the spending of the government.
These Committees scrutinize the account and bring out the cases of irregular, unauthorized or improper usage in
public expenditure.
4) The Financial powers of the Parliament are really exercised by the Lok Sabha. The Money Bill can be introduced
only in the Lok Sabha. After getting passed, a Money Bill goes to the Rajya Sabha, which cannot be delayed for
more than 14 days.
5) Parliament exerts budgetary as well as post-budgetary control on the government. If the government fails to spend
the granted money in a financial year, the remaining balance is sent back to the Consolidated Fund of India. This is
known as the 'rule of lapse'.
3. Power to Control the Executive
1) The Council of Ministers is directly responsible to the Parliament for all its decisions and policies. Members of
Parliament can put questions and supplementary questions to the ministers for getting information regarding the
working of the administration.
2) Parliament exerts control over the executive through procedural devices such as question hour, zero hours,
calling attention motion, adjournment motion, half-an-hour discussion, etc.
3) Members of different political parties are elected/nominated to the Parliamentary Committees. Through these
committees, the Parliament controls the government.
4) The defeat of a Government Bill or decision in the Lok Sabha is taken as a loss of confidence by the Council of
Ministers and it resigns.

4. Judicial Powers and Functions

1) It has the power to impeach the President, the Vice-President, the Judges of the Supreme Court and the High
Court. It can also punish its members or outsiders for the breach of privilege or its contempt.

5. Electoral Functions
1) The elected members of the Lok Sabha and the Rajya Sabha form one part of the Electoral College which elects
the President. All the members of the Parliament participate in the election of the Vice-President.
2) The members of the Lok Sabha elect two of their members as the Speaker and Deputy Speaker. The members of
the Rajya Sabha elect their own Deputy Chairman. Members of various Parliamentary Committees are also
elected.

6. Power to Amend the Constitution

1) The Union Parliament enjoys the power to amend the Constitution in accordance with the provisions of Article
368. A bill for amending the Constitution can be introduced in either House of the Parliament.
2) The Constitution can be amended by the Union Parliament by passing an amendment bill by a 2/3rd majority of
members in each House.
3) However, the amendment for certain specific subjects in the Constitution, can only become an Act when it gets
ratified by at least one-half of all the State Legislatures.

The Parliament of India is a significant institution that plays a crucial role in the democratic governance of the country.
It reflects the principles of representative democracy, where elected representatives make laws and represent the
interests of the people.

8.5 Decline of parliament

The concept of the decline of parliament in India refers to the perception that the role and effectiveness of the
Parliament of India have diminished over time. While opinions on this matter may vary, here are a few factors that
have been cited as contributing to this perceived decline:

1. Legislative Productivity: One criticism often leveled against the Parliament of India is the declining legislative
productivity. The number of bills passed and the time spent on meaningful legislative debates have decreased in
recent years. This is attributed to frequent disruptions, adjournments, and the inability to conduct constructive
discussions on important issues.
2. Delegated Legislation: The growth of delegated legislation is perhaps the most important factor for the decline of
 Parliament. In the present-day world, it is not possible for the Parliament to devote its entire time to the details
of legislative measure. Parliament lays down general principles of law and entrusts to Ministers (in effect, the
Departmental Secretaries) the power to frame regulations necessary for their amplification. Thus, delegated
legislation robs the Parliament to a great extent, the law-making power, resulting in the decline of the prestige of
the Parliament while those of the administrative departments have increased.
3. Judicial Review and confrontation between Parliament & Judiciary: It is true that the instrument of judicial
review places a very heavy hand of the judiciary on the supremacy of the Parliament; it is equally true that the
overriding control of judiciary can be further over-ridden by the Parliament itself acting at the behest of the
Cabinet. The result is that the Parliament has come to live under the redeemable control of the judiciary on the
one hand and of the generally irredeemable control of the Cabinet on the other.

For Example: The rulings of the Supreme Court on the National Eligibility-cum-entrance Test (NEET), i.e., the
single exam for admission to medical college, the reformation of the Board of Cricket Council in India (BCCI),
Filling of the post of judge, etc. were regarded by the government to be the Judicial Interventions while the
rashness with which the Government of Mrs. Gandhi managed to have the 24th and 25th Constitution
amendment Act passed in 1971 and the 38th and 39th amendment Acts in 1975 constitutes concrete evidence of
the political axiom that the Cabinet can make use of the Parliament in repudiating the challenge of the judiciary.

4. Use of frequent Ordinances: Even in the conduct of the general business of Parliament we see the Executive
gaining power at the expense of Parliament. The ordinance-making power is freely used by the Executive, thus
reducing the relevance of Parliament. Often Parliament is a mere rubber stamp endorsing Executive action.
Between 2004 and 2014, 61 ordinances were passed at an average of around six ordinances per year. After 2014,
more than 80 ordinances have been passed in eight years, at around ten per year.

5. Use of Guillotine: The financial powers vested in parliament are really powers at the disposal of the Executive.
Only a part of the Budget is discussed, while the rest is voted upon using the guillotine. Even important
expenditures outside the budget are announced to be accommodated in the supplementary budget. A
comfortable majority thus ensures Executive dominance over Parliament.

6. Public Accounts Committee is not functioning as per its mandate: The financial committees like Public Accounts
Committee examines the public expenditure after it has been incurred by the Executive. Thus, they do
postmortem work.

7. Suspension of Question hour: The government’s legislations are set to vote in Parliament before they become
law, there are procedures like the Question Hour in Parliament to give legislators the forum to scrutinize and
question the government which has been suspended since 2020.

8. Weaking of Rajya Sabha and use of money bill: Two very important trends in recent years have weakened the
Rajya Sabha and its potential for being an important tool for accountability- change in its constitution process
(Rajya Sabha members are elected by the Legislative Assemblies of the States. The requirement that Rajya
Sabha members belong/reside to the state they represent in the house was done away with by an amendment
to the Representation of the People Act in 2003) and the frequent use of the money bill route.
th
National Democratic Alliance-majority 16 Lok Sabha (from 2014-2019) which referred only 27% of proposed
legislation to committees. Several important Bills in the last few years have been passed with no reference to
standing committees, denying the opportunity to subject laws and their impact and unintended consequences
to scrutiny.

9. Deputy Speaker post lying empty: For the first time since Independence the post of Deputy Speaker in Lok
Sabha has been lying vacant for about three years. By convention, the post of Deputy Speaker is given to an
Opposition member.

10. Short duration discussions held: Matters of urgent national/public importance can be raised on the floor of the
House as a short discussion under Rule 193 of the Rules of Procedure and Conduct of Business in Lok
Sabha/Rule 176 of the Rules of Procedure and Conduct of Business in the Rajya Sabha. This is mostly used by
the Opposition to hold discussions that might put the Government on the back foot. In the 14th (2004-09) and
15th Lok Sabha (2009-14), a total of 113 short duration discussions were held. In the 16th (2014-19) and 17th
(2019-present) Lok Sabha, that has declined to 42.
11. Lack of strong and steady opposition in the Parliament, and a setback in the parliamentary behavior and ethics,
have also contributed to the ineffectiveness of legislative control over administration in India.

12. Lack of impartiality of the presiding officers: The gradual loss of confidence in the impartiality of the presiding
officers of the legislatures also is a point of importance. They have shown an inclination to side with the
government and the ruling party, almost functioning as their representatives, not as guardians of the public
interest.

13. Complex task of elected members: The primary duty of Members of Parliament is of course to enact laws. But
in the Indian context these popularly elected representatives are expected to perform so many varied tasks that
their role has become highly complex and multifaceted. In Parliament, the issues coming up for discussion cover
a wide range of national and international affairs.

14. The absence of inner party democracy, the declining status and stature of members in public life, the growing
cost of the electoral process, the ascendency of party leaders are some of the factors that have contributed to
the decline of Parliament.

15. The ever changing political and moral conditions in India are also responsible for the decline of prestige and
position of Parliament. Dominance by the party, the lack of party organisation, the malaise of political
defections, corruption and the decline of the morale of politician have all contributed to the erosion of the
prestige of Parliament.

16. The decline of Parliament is, indeed, a worldwide phenomenon, but even more striking in India. In India, except
for brief periods, a single party has been in majority in both Houses of Parliament. Thus, party bosses have had
much more say in policy matters than Parliament as such.

17. The rigidity of party discipline has tied down party members to follow the dictates of party bosses once elected
to the Legislature. He or she votes according to the directions of the party whip even if larger social and national
interests are being sacrificed to short-sighted policies for short-term political gains.

18. Due to the technicality and complexity of government business. Legislation on technical issues necessitates
prior consultation with experts and individual institutions concerned. Much data has to be collected and
studied before a Bill is drafted. All this is beyond the easy reach of private members. As a result, Bills, when
introduced, are pushed through rapidly, and the members do not get enough time even to express their points
of view.

The decline of parliament is a complex issue influenced by various factors, and opinions may vary. Efforts have
been made in recent years to address these concerns and enhance the functioning of the Parliament, including
reforms aimed at improving legislative procedures, encouraging greater participation, and promoting
constructive debates.

8.6 Conflict between Judiciary and Parliament

The conflict between the executive and judiciary is a long time back existing since the Constitution came into force.
The political establishment of function sharing between both wings of the Union is depicted in the Constitution of
India. The thrust of power acquiring sometimes creates tensions when the executive starts assuming the power of
the judiciary then the government becomes autocratic. The executive is that wing of the government which makes
policies and implements it.

The judiciary has been bestowed with the power to check such actions. The separation of power exists between all
the wings of the Government which is exercised by the method of Check and Balance. It means that any oppressive
action of the administrative action is subject to judicial review. Examples:

1. Case of Aarogya Setu

The government decision of making it mandatory to install “Aarogya Setu” application by the executive order shows how
the executive used its powers in an arbitrary manner overlooking the data privacy concerns of the citizen. However, later
due to judicial intervention the government eased off itsorder.
2. Conflict regarding National Judicial Appointment Committee
The National Judicial Appointment Committee has been a great example which shows the conflict of powers between the
executive and the judiciary. While deciding over the question over the appointment of the judges the SC struck down it
because it was a foray into the independence of the judiciary providing primacy to the executive.

3. Conflict over recommendation of Collegium

Prasad wrote a letter to the CJI Deepak Mishra segregating the recommendation of Supreme Court recommendation of
appointing two judges to the Supreme Court. The Government returned the recommendation of Collegium of elevating
Uttarakhand Chief Justice K.M Joseph to the Supreme Court back for reconsideration.

4. Migrant labour crisis

Even, the migrant labour crisis that happened recently is also a good example of a clash between the executive and
judiciary. However, at first instance, the apex court had refused to entertain the issue referring to it as a part of the
administrative policy to be exercised by the executive.

However, the Andhra Pradesh and Madras High Court took a serious note on the matter issuing guidelines to the Central
and State government to take necessary steps for the migrant labours. Later, on facing a huge criticism the SC again
revisited its view on the issue and issued necessary directions to the Government.

8.7 Parliamentary Privileges

Parliamentary privileges in India refer to certain rights, immunities, and powers granted to members of Parliament to ensure
the independence and effective functioning of the legislature. These privileges are essential for MPs to perform their duties and
responsibilities without any hindrance or fear of legal action. Parliamentary privileges are mentioned in the Article 105 of the
Constitution." Originally, the Constitution expressedly mentioned two privileges, that is freedom of speech is Parliament and
right of Publication of its proceeding.

8.7.1 key aspects of parliamentary privileges in India:

1. Freedom of Speech: Members of Parliament enjoy freedom of speech within the Parliament and its committees. This
privilege allows them to express their opinions, criticize the government, and raise issues of public importance without
fear of legal consequences. It grants them immunity from any civil or criminal liability for their statements made during the
proceedings of the House.
2. Immunity from Legal Action: Parliamentary privileges provide MPs with immunity from civil and criminal proceedings for
any actions or speeches made within the Parliament. This protection ensures that they can perform their parliamentary
duties without being subjected to legal harassment or pressure.
3. Right of Publication: Members of Parliament have the right to publish their speeches, reports, and proceedings of the
Parliament. This privilege allows them to communicate with the public and disseminate information related to
parliamentary activities.
4. Freedom from Arrest: During the session of Parliament, MPs are protected from arrest in civil cases. This privilege ensures
that MPs can attend parliamentary proceedings without being detained or obstructed due to civil disputes.
5. Access to Information: Parliamentary privileges grant MPs the right to access official documents, records, and information
required for their legislative and oversight functions. This privilege enables them to gather relevant information and
scrutinize the actions of the government effectively.
6. Right to Regulate Internal Affairs: Parliament has the power to regulate its own proceedings and maintain discipline
within its premises. This includes the authority to punish members for misconduct or breach of parliamentary rules and
procedures.

8.7.2 Types of Privileges in India

1. Individual Privileges
They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in court when
Parliament is in session. They cannot be arrested during the session of Parliament and 40 days before the beginning and 40
days after the end of a session.
2. Collective Privileges
It has the right to publish its reports, debates and proceedings and also the right to prohibit others from publishing the same. It
can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters. It can
punish members for breach of its privileges or its contempt by reprimand, admonition or imprisonment. The courts are
prohibited to inquire into proceedings of a house or its committees.

8.8 Parliamentary Proceedings and Motions

Both the Houses of the Indian Parliament have different devices of Parliamentary proceedings and motions. These devices are
employed to make the members act according to the rules of the House. Prominent hours in the parliamentary proceedings
are:

1. Question Hour: Generally, the first hour of a sitting of Lok Sabha is devoted to questions and that hour is called the Question
Hour. It has a special significance in the proceedings of Parliament. Asking of questions is an inherent and unrestricted
Parliamentary right of members. It is during the Question Hour that the members can ask questions on every aspect of
administration and governmental activity.

Types of Questions: Questions are of three types: starred, unstarred and short notice questions are as follows:

1. Starred Question: It is a question for which a member desires an oral answer in the House and which is distinguished by an
asterisk mark. When a question is answered orally, supplementary questions can be asked thereon. Only 20 questions can
be listed for oral answer on a day.

2. Unstarred Question: It is a question which is not called for oral answer in the House and on which no supplementary
questions can consequently be asked. To such a question, a written answer is deemed to have been laid on the table after
the Question Hour by the Minister to whom it is addressed. It is printed in the official report of the sitting of the House for
which it is put down. Only 230 questions can be listed for written answer on a day.

3. Short Notice Question: It is a question which relates to a matter of urgent public importance and can be asked with
shorter notice than the period of notice prescribed for an ordinary question. Like a starred question, it is answered orally
followed by supplementary questions.

2. Zero Hour: The time immediately following the Question Hour and laying of papers and before any listed business is taken up
in the House has come to be popularly known as the Zero Hour. As it starts around 12 noon, this period is termed as 'Zero
Hour'. For raising matters during the so-called Zero Hour in Lok Sabha, members give notice before 10 am every day to the
Speaker stating clearly the subject which they consider to be important and wish to raise in the House.

The Speaker is responsible allowing or not allowing raising of such matters in the House. The term 'Zero Hour' is not formally
recognized in our Parliamentary procedure.
 Rule 184 Any simple motion can be taken up under this rule. The only special provision under this rule is that it calls for a
vote at the end of the discussion
 Rule 377 Of the Rules of Procedure and Conduct of Business in Lok Sabha, members are allowed to raise matters which
are not points of order or which have not been raised during the same session under any other rule.

3. Short Duration Discussion: In order to provide opportunities to members to discuss matters of urgent public importance, a
convention was established in March, 1953. It was incorporated later into the Rules of Procedure and conduct of Business in
Lok Sabha under Rule 193 as Short Duration Discussion. Under this rule, members can raise discussion for short durations
without a formal motion or vote thereon.
4. Half-an-Hour Discussion: Where answer to a question whether starred or unstarred needs elucidation on a matter of fact,
any member can table a notice for raising half-an-hour discussion thereon.If the notice is admitted and gets priority in ballot
such a discussion may be allowed by the Speaker.

8.9 Motions
The term 'motion' in Parliamentary language means any proposal made for the purpose of eliciting a decision of the House. It is
phrased in such a way that, if passed, it will purport to express the will of the House. Motions may be classified as substantive
or substitute or subsidiary:
 Substantive motion is a self-contained independent proposal made in reference to a subject which the mover wishes to
bring forward.
 Substitute motion is moved in substitution of an original motion and proposes an alternative to it.
 Subsidiary motion has by itself no meaning and cannot state the decision of the house without reference to the original
motion or proceedings of the House.

Types of Motion: Types of motions in the parliamentary proceedings are:

1. Calling Attention Motion: Under this procedural device, a member may, with the prior permission of the Speaker, call the
attention of a Minister to any matter of urgent public importance and the Minister may make a brief statement or ask for
time to make a statement later. The calling attention procedure is an Indian innovation which combines asking a question
with supplementaries and making brief comments; the government also gets adequate opportunity to state its case.

2. Adjournment Motion: Adjournment Motion (Rule 56) is the procedure for adjournment of the business of the House for
the purpose of discussing a definite matter of urgent public importance, which can be moved with the consent of the
Speaker. The adjournment motion, if admitted, leads to setting aside of the normal business of the House for discussing
the matter mentioned in the motion.

To be in order, an adjournment motion must raise a matter of sufficient public importance to warrant interruption of
normal business of the House and the question of public importance is decided on merit in each individual case. The
purpose of an adjournment motion is to take the government to task for a recent act of omission or commission having
serious consequences. Its adoption is regarded as a sort of censure of the government. The adjournment motion is voted
upon after the discussion. Rajya Sabha does not have this power to raise an adjournment motion.

3. No-Confidence Motion: The government must always enjoy majority support in the popular House to remain in power. If
need be, it has to demonstrate its strength on the floor of the House by moving a motion of confidence and winning the
confidence of the House.The Constitution does not mention either a confidence motion or a no-confidence motion. Rule
198 of the rules of procedure and conduct of business in Lok Sabha lays down the procedure for moving a motion of no-
confidence against the Council of Ministers.

The usual format of such a motion is that "this House expresses its want of confidence in the Council of Ministers”. A
motion of no-confidence need not set out any grounds on which it is based. A no-confidence motion is allowed only in Lok
Sabha.

4. Censure Motion: Censure motion can be moved only in Lok Sabha under Rule 184. A censure motion is moved against an
individual minister or whole of the Council of Ministers for a dereliction of duties or breach of privilege. The grounds for
moving a censure have to be tabled before the Speaker. Speaker can also disallow a censure motion. The motion is voted
upon after a debate. If the censure motion is passed against the good, the Council of Ministers shall pass a confidence
motion to regain the trust of the House.

5. Motion of Thanks: The President's address at the first session of the House each year is put to vote in the house by Motion
of Thanks. This motion must be passed in the House. The scope of the discussion on the motion of thanks is very wide and
members have liberty to speak on any matter of national and international importance.

Difference between Censure Motion and N0-Confidence Motion

Censure Motion No-Confidence Motion
It should state the reasons for its adoption in the Lok Sabha. It need not state the reasons for its adoption in the Lok Sabha.
It can be moved against an individual minister or a group of It can be moved against the entire Council of Ministers only.
ministers of the entire council of Ministers
It is moved for censuring the Council of Ministers for specific It is moved for ascertaining the confidence of the Lok Sabha in
policies and actions. the Council of Ministers.
If it is passed in the Lok Sabha, the Council of Ministers need If it is passed in the Lok Sabha, the Council of Ministers must
not resign from the office. resign from the office.

6. Cut Motion: Members of Parliament can also move motions to reduce any demand for grant. Such motions are called cut
motion, which are of three kinds :
1) Policy Cut It represents the disapproval of the policy underlying the demand. It states that the amount of the demand be
reduced to ₹ 1.
2) Economy Cut It represents the economy that can be affected in the proposed expenditure it states that the amount of the
demand be reduced by a specified amount.
3) Token Cut It represents a specific grievance that is within the sphere of responsibility of the Government of India. It states
that amount of the demand be reduced by ₹100.

8.10 Types of Bills

Bills introduced in Parliament are of two kinds: Public Bills and Private Bills, which are also known as Government Bills and
Private Member's Bills respectively. Public Bill is presented in Parliament by a minister only while Private Bill can be presented
by any Member of Parliament. Public Bill has a greater chance to be passed by Parliament whereas Private bill is less likely to
be passed by the Parliament. Public Bill's introduction in the House requires 7 days’ notice. On the other hand, Private Bill
introduction in the House requires one month.

Other Types of Bills

All legislative proposals are initiated in the Parliament in the terms of Bills. The Bill is a proposed legislation. It becomes a law
when it is asserted by the President. The bill can broadly be categorized as:
1. Ordinary Bills: All the bills other than financial bills, Money bills and the Constitutional Amendment bills are Ordinary bills.
Such bills can be introduced in either House of the Parliament (in Lok Sabha or the Rajya Sabha) without the
recommendation of the President, except those bills under Article 3 (i.e., bills related to reorganization of the territory of a
State).

These bills are passed by a simple majority by both the Houses. Both the Houses enjoy equal jurisdiction over such bills. In
case of a deadlock due to any reason, the tie is resolved by a joint sitting. Only once, the President can return such bills for
reconsideration to the Parliament for the second time, he is bound to give his assent. Each House has laid down a
procedure for the passage of a Bill. According to the procedure of the House, a bill has to pass through three stages
commonly known as Readings.
 First Reading The bill is introduced in the House. At this stage, no discussion takes place.
 Second Reading This is the consideration stage when the Bill is discussed clause by clause
 Third Reading During this stage, a brief general discussion of the bill takes place and the bill is finally passed. When
the Bill is passed by one House, it is sent to the other House for its consideration.

2. Money Bill: According to Article 110, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or
any of the following matters, namely:
1) the imposition, abolition, remission, alteration or regulation of any tax;
2) the regulation of the borrowing of money or the amendment of the law with respect to any financial obligations
undertaken or to be undertaken by the Government of India;
3) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of money into or the withdrawal
of money from any such fund;
4) the appropriation of money out of the Consolidated Fund of India;
5) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the
amount of any such expenditure;
6) the receipt of money an account of the Consolidated Fund of India or the public account of India or the custody or
issue of such money or the audit of the accounts of the Union or of a State or
7) any matter incidental to any of the matters specified in sub-clauses (a) to (f).

 If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon
shall be final. Money Bills can be introduced only in Lok Sabha. Rajya Sabha cannot make amendments in a Money Bill
passed by Lok Sabha. It can, however, recommend amendments in a Money Bill, but must return all Money Bills to Lok
Sabha within 14 days from the date of their receipt.
 It is open to Lok Sabha to accept or reject any or all of the recommendations of Rajya Sabha with regard to a Money Bill. If
Lok Sabha accepts any of the recommendations of Rajya Sabha, the Money Bill is deemed to have been passed by both
Houses with amendments recommended by Rajya Sabha and accepted by Lok Sabha.
 If Lok Sabha does not accept any of the recommendations of Rajya Sabha, Money Bill is deemed to have been passed by
both Houses in the form in which it was passed by Lok Sabha without any of the amendments recommended by Rajya
Sabha. If a Money Bill passed by Lok Sabha and transmitted to Rajya Sabha for its recommendations and it is not returned
to Lok Sabha within the said period of 14 days, it is deemed to have been passed by both Houses at the expiration of the
said period in the form, in which it was passed by the Lok Sabha.
3. Financial Bill: While a Money Bill deals solely with matters specified in Article 110(1) (a) to (g) of the Constitution, a financial
bill does not exclusively deal with all or any of the matters specified in the said Article that is to say it contains some other
provisions also. Financial Bills can be introduced in House of Parliament like any other ordinary Bill. However, recommendation
of the President is essential for consideration of these Bills by either House and unless such recommendation is received, House
can pass the Bill. However, the Bill may be introduced without President's recommendation, but in such a case its consideration
cannot take place.

Financial bills can be the divided into two categories. In the first category are the Bills which inter-alia (among other things)
contain provisions attracting Article 110(1) (a) to (f) of the Constitution. They are categorized as financial bills under Article
117(1) of the Constitution. Like money bills, they can be introduced only in Lok Sabha on the recommendation of the President.
However, other restrictions in regard to money bills do not apply to this category of Bills. Financial bill under Article 117(1) of
the Constitution can be referred to a Joint Committee of the houses.

In the second category are those Bills which inter-alia contain provisions, which would on enactment involve expenditure from
the Consolidated Fund of India. Such Bills are categorised as Financial Bills under Article 117 (3) of the Constitution.

4. Constitution Amendment Bill: The Constitution vests in Parliament the power to amend the Constitution. Constitution
Amendment Bill can be introduced in House of Parliament. The Constitution Amendment Bill affecting vital issues as enlisted in
the provision to Article 368(2) of the Constitution after having been passed by the Houses of Parliament, have also to be ratified
by not less than one half of the State Legislatures.

While motions for introduction of Constitution Amendment Bills are adopted by simple majority, a majority of the total
membership of the House and a majority of not less than two-third of the members present and voting is required for adoption
of effective clauses and motions for consideration and passing of these Bills. In the case of Constitutional Amendment Bill, there
is no provision for joint sitting of both the Houses to resolve the deadlock in the passage of Bill. If one House rejects the Bill or
suggests amendments that are not acceptable to the original House, the Bill comes to an end.

8.11 Stages of Passing of Bills

There are two types of bills; Ordinary Bills and Money Bills. In the sphere of ordinary law-making, i.e., non-financial legislation,
the two Houses of Parliament enjoy co-equal powers. A bill becomes an Act only after the two Houses have passed it in
identical terms.
 A bill other than a Money or Financial Bill may be introduced in either House of Parliament and requires passage in both
the Houses before it can be presented for the President's assent.
 A bill may be introduced either by a minister or a private member. Every bill that is introduced in the House has to be
published in the Gazette.

First Stage: This stage of legislation is the introduction of a bill that embodies the proposed law and is accompanied by the
"Statement of Objects and Reasons". The introduction of the bill is also called the first reading of the bill. There is no debate at
the time of the introduction of a bill.

Second Stage: A bill may be taken into consideration; referred to a Select Committee of the House; referred to a Joint
Committee of both the Houses; circulated for the purpose of soliciting public opinion.

Third Stage: The member in charge moves that the bill be passed. At the third reading, the progress of the bill is quick as
normally only verbal or purely formal amendments are moved and discussion is very brief. Once all the amendments are
disposed of, the bill is finally passed in the House where it was introduced.

Passing of Bill in Another House

 After the third stage, Bill is passed to the other house for consideration where it has to undergo all the stages as in the
originating House. The House may finally pass the bill reject the bill or amend it and return to the originating House. If it
does not take any action on the bill and if more than six months pass after the date of receipt of the bill, this means
rejection.
 In case both the Houses do not come to an agreement, the President convenes a Joint Sitting of the two Houses. The
disputed provision is finally adopted or rejected by a simple majority by vote of those who are present and voting. A bill
that is finally passed by both the Houses is presented with the signature of the Speaker to the President for his assent. This
is normally the last stage. If the President gives the assent, the bill becomes an Act and is placed in the Statute Book.
Joint Session of Parliament
 According to Article 108 of the Constitution of India, provides for the joint sitting of both the House of the Parliament, the
Lok Sabha and the Rajya Sabha, in order to break any deadlock between the two. The Joint Sitting is called by the
President. Such a session is presided over by the Speaker, and in his/her absence, by the Deputy Speaker of the Lok Sabha.
In the absence of both, it is presided over by the Deputy Chairman of the Rajya Sabha. If any of the above are not present
any other Member of the Parliament can preside by consensus of both the Houses.

8.12 Budget in Parliament and Financial Process

Budget is a Money Bill introduced in Lok Sabha. The Constitution refers to the budget in Article 112 as the 'Annual Financial
Statement'. According to Article 112 of the Indian Constitution, the President is responsible for presenting the budget to the
Lok Sabha. The Annual Financial Statement takes into account a period of one financial year.

Stages of Enactment of Budget : There are six stages of the enactment of budget:
1) Presentation of Budget It starts with a budget speech. The finance minister gives a budget speech and at the end of it; the
budget is laid before both houses.
2) General Discussions Only the general principles of Budget or the Budget as a whole can be discussed. No motions of
reduction of grants or votes can be made. The finance minister has the right to reply at the end of the discussion. This
happens in both houses.
3) Scrutiny by Dept Committees An in-depth scrutiny of demand for grants by the department is made by each departmental
Standing Committee of Parliament. Three to four weeks are given for this and the house remains in recess during the same
time. The Standing Committees make a report to the House at the end.
4) Voting on the Demand for Grants The Members of Parliament of Lok Sabha study and vote on each non demand for a
grant.

Note:
1) The Lok Sabha only can vote on a demand for grants and no voting is allowed on the expenditure charged on the
Consolidated Fund of India. Member's of Parliament can move a motion for reduction of a grant called Cut Motions.
2) Appropriation Bill and Finance Bills: The Appropriation bill contains voted demand for grants and also expense
charged on the Consolidated Fund of India. No amendments can be made on these in any House. After the bill
receives the assent of the President it becomes an Appropriation Act. This allows expenses from the Consolidated
Fund of India.
3) A Finance Bill is also presented containing provisions for taxation. It is like a Money Bill however, amendment can be
moved seeking to reduce or remove a tax. This allows taxes to be levied.

8.13 Budgetary Motions

There are three motions used by members in connection with the budget. The demand for grants is considered and passed by
Lok Sabha. Hence, these motions can be moved only in Lok Sabha.
1) Economy Cut It signals that the government has done undue spending and asks the government to undertake cost-cutting
measures to improve efficiency.
2) Policy Cut It signals the complete disapproval of the budget by the House and recommends that the amount of the grant
be reduce to 1.
3) Token Cut It signals disapproval in the overall allocation of budgetary items and asks the House to cut the amount by 100.
Token cut is of symbolic nature. So far, no cut motions have been passed.
4) Cut Motion If a cut motion is adopted and passed, a no-confidence motion can be proceeded against government.

8.14 Funds of Government of India

There are three types of funds of the Central Government viz. Consolidated Fund of India [Article 266(1)], Contingency Fund of
India (Article 267) and Public Accounts of India [Article 266(i)] are mentioned in the Indian Constitution.

1. Consolidated Fund of India: This is the most important of all accounts of the government. This fund contains direct and
indirect taxes and the Loans taken by the Indian Government. The Government meets all its expenditure from this fund. The
government needs Parliamentary approval to withdraw money from this fund. The Comptroller and Auditor General of India
audit these funds and report to the relevant legislatures on their management.

2. Contingency Fund of India: The corpus of this is ₹500 crores. It is in the nature of imprest money maintained for a specific
purpose. The Finance Secretary holds this fund on behalf of the President of India. This fund is used to meet unexpected or
unforeseen expenditures.
3. Public Accounts of India: All other public money (other than those covered under the Consolidated Fund of India) received
by or on behalf of the Indian Government are credited to this account/fund. This fund is made up of a Bank savings account of
the various ministries/departments. These are National small savings fund, defense fund, money earned from disinvestment,
National Calamity and Contingency Fund (NCCF) (for Disaster Management), Provident Fund, Postal insurance, etc. The
government does not need permission to take advances from this account.

8.15 Grants of the Government

1) Votable Expenditures This is the actual budget. The expenditures in the budget are actually in the form of Demand for
Grants. The Demands for Grants are presented to the Lok Sabha along with the Annual Financial Statement. Generally, one
Demand for Grant is presented for each Ministry or Department.
2) Supplementary Grants Supplementary grants are granted when the sum approved by the Parliament via Appropriation Act
for a certain service for the current financial year is found to be inadequate.
3) Additional Grants These are granted when a need has emerged for the duration of the current financial year for
additional expenditure for a certain new services, not considered in the budget for that year.
4) Excess Grants Excess Grant is granted when the cash spent on any provision in a financial year exceeds the amount
granted for that service in the budget.
5) Token Grant It is granted when the funds to meet the proposed expenditure on a new service can be made available by
reappropriation.

8.16 Parliamentary Committees

There are three types of committees viz. Ad Hoc Committees, Joint Parliamentary Committees and Standing Committees.

1. Ad Hoc Committees: Ad Hoc committees are constituted by the House or by the Presiding Officers, singly or jointly, for a
specific purpose and cease to exist when they finish the task assigned to them and submit a report. The usual Ad Hoc
committees are the Select or Joint Committees on Bills and others like the Railway Convention Committee, setup to review the
rate of dividend payable by railways to the general revenues, and those constituted to enquire into and report on specific
subjects.

2. Joint Parliamentary Committees: Joint Parliamentary Committee (JPC) is one type of Adhoc Parliamentary Committees
constituted by Parliament. It is mandated to inquire into a specific subject.A JPC is constituted either through a motion adopted
by one House and concurred by the other or through communication between the presiding officers of the two Houses. The
members are either elected by the Houses or nominated by the presiding officers.The strength of a JPC may vary. The terms of
reference of a JPC are decided by the Parliament itself. JPC have overarching powers of summoning any authority including the
Prime Minister and seeking attendance.

3. Standing Committees: Standing Committees are permanent committees. Each House of Parliament has Standing
Committees. Some important committees are Public Accounts Committee, Estimates Committee, and Committee on Public
Undertakings.

4. Public Accounts Committee: It examines the annual reports of the Government and scrutinizes the reports of the
Comptroller and Auditor Generals laid in the Parliament by the President. It has 22 members. All the members are taken from
the Indian Parliament. Out of 22 members, 15 are elected from Lok Sabha (Lower House) and 7 members are elected from
Rajya Sabha (Upper House). Lok Sabha Speaker has the authority to appoint the Chairman of the Committee.

5. Estimates Committee: It examines the estimates of the expenditure proposed by the government in the budget and suggests
'economies' in public expenditure. It has 30 members. All the members are taken from Lok Sabha (Lower House). The Chairman
of the Estimates Committee is appointed invariably from the ruling party. It was first constituted in 1950 on the
recommendations of John Mathai.

6. Committee on Public Undertakings: It examines the reports and accounts of public undertakings. This Financial Committee
has 22 members. Out of 22 members, 15 are elected from Lok Sabha (Lower House) and 7 members are elected from Rajya
Sabha (Upper House). This was constituted for the first time on the recommendation of Krishna Menon Committee (1964).

7. Other Parliamentary Committees

1) Business Advisory Committee This committee regulates the programme and time table of the house. It allocates time for
the transaction of legislative and other business brought before the hence by the government.
2) Committee on Government Assurances This committee examines the assurances, provinces and undertakings given by
ministers from time to time on the floor of the house and reports on the extent to which they have been carried through.
3) Committee on Subordinate Legislation This committee examines 8 reports to the House whether the powers to make
regulations, rules subrules, 8 bye-laws delegated by the Parliament or conferred by the Constitution to the executive are
properly exercised by it.
4) Committee on Private Member's bill and Resolutions This is a special committee of Lok Sabha and consists of 15 members
including the Deputy speaker as its chairman. The committee classifies bills allocates time for the discussion on bills and
resolutions introduced by private members.