Houses of Parliament

We are sure that you are aware of the parliament of the country. Too often you come across
such news wherein the members of the parliament have taken some decisions for the country.
But, have you ever wondered what gives parliament the power to do so? Who elects this body
and what powers does it have? In this chapter, let us know more about the political
institutions, parliament and its two houses. First, we will start with the need for such
institutions.

Need for Political Institutions

The government is responsible for providing various things and facilities to the people. It is
responsible for providing security to the people. It constantly works for the welfare of the
people. The government collects taxes. This way, it can get money to carry out various
welfare programmes.

The money from the tax is also used for the maintenance of the government machinery. There
are various organs and departments of the government with separate roles and
responsibilities. These are the government institutions. We need such institutions in our
country for the smooth functioning of the government.

Pertaining to civil matters, there are primarily three main institutions that are at work. They
are as follows:

 The Prime Minister and the Cabinet take important decisions on all policy matters.
 The Civil Servants who comprise of the bureaucrats and they implement the decisions
which are taken by the cabinet.
 The Supreme Court plays a role whenever there is a dispute between the public
interest and the government.

Disadvantages of Institutions

Presence of various institutions leads to a delay in the making of various decisions. This
could be quite frustrating and troublesome for many common people in our country.

Advantages of Institutions

Presence of various institutions ensures that a broad consensus is arrived at before any major
decision is taken. Institutions also prevent the governing bodies from making any bad
decision.

Introduction to Parliament
In India, there are two houses of Parliament. They are the House of States (Rajya Sabha) and
the House of People (Lok Sabha). Rajya Sabha is the Upper House, while the Lok Sabha is
the Lower House. Bicameral Legislature is this system of two houses in the legislature.
People directly elect the members of the Lok Sabha. On the other hand, indirect elections
choose the members of the Rajya Sabha. The Lok Sabha is more powerful compared to the
Rajya Sabha. This is because Lok Sabha is directly elected by and answerable to the people.
However, the Rajya Sabha has some special powers to look after the interests of states or
regions.

The Role of Parliament

The Parliament is the final authority for making laws in the country. The task of making a
law is called legislation. Hence, the parliament or the assemblies are called legislatures. The
legislature can make a new law. It can also change the existing laws or abolish existing laws.

Parliaments have some control over those who run the government. In India, the control of
the parliament is direct and full. A government is empowered to take a decision only till it
enjoys the support of the Parliament.

In most of the democratic countries, the public money can only be spent after the sanction of
the parliament. Parliament is the highest forum of discussion and debate on public issues and
national policy in any country. Parliament has the right to seek information on any matter.

Both the houses need to pass any ordinary law. A bill can become a law only after both the
houses pass it. In case of any difference between the houses, a joint session takes the final
decision. Since the Lok Sabha has more members than the Rajya Sabha, so the view of the
Lok Sabha is likely to prevail during a joint session.

Lok Sabha and Rajya Sabha

Lok Sabha has more powers in case of money bills. Once the budget or any other money bill
is passed by the Lok Sabha, the Rajya Sabha cannot reject it. The Rajya Sabha can only delay
it by 14 days or suggest changes in it. The Lok Sabha may or may not accept those changes.

The Lok Sabha controls the Council of Ministers. A person who enjoys the majority support
in the Lok Sabha becomes the Prime Minister of the country. Once the Lok Sabha says that
its members have ‘no confidence’ in the Council of Ministers, the Prime Minister and all the
ministers have to quit. The Rajya Sabha does not enjoy this power.
Political Executive

The Prime Minister and the Council of Ministers constitute the political executive. The task
of the Council of Ministers is to execute the programmes and policies of the government.
Hence, it is called the executive. People elect the members of the political executive.

Permanent Executive

The Civil Servants form the permanent executive. All India Civil Services exam select these
candidates. They continue their job even if the government changes. Since the political
executive is answerable to the people, hence, it enjoys more power than the permanent
executive. However, people in the permanent executive are technically more knowledgeable
and capable compared to those in the political executive.

Solved Example
Q1. What is the tenure of the members of the Rajya Sabha?

a. 3 Years
b. 5 Years
c. 4 Years
d. 6 Years

Sol: The correct answer is the option ”d”. Rajya Sabha is a permanent House and is not
subject to dissolution. However, one-third Members of Rajya Sabha retire after every
second year. A member who is elected to a full term serves for a period of six years.

Parliamentary Procedures
India has a unique and substantial form of parliamentary system and the parliamentary
procedures, which holds a novel identity among the parliamentary frameworks all across the
world. By virtue of its nature and substance, the Indian parliamentary framework is only a
strong set of rules and directions that govern the Indian democracy. Here, we’ll explain you,
in brief, the importance of parliamentary procedures.

The Essence of the Indian Parliamentary System

The fact that the Indian parliament continues to survive and exist even today, is a great
achievement for the Indian democracy. It can be even said that the Indian parliamentary
system is an achievement of the trust of the Indian people and their resolve to make the
Indian democracy as a success.

This is perhaps the reason why the framework of the parliament is such that it consists of
some colossal powers which ensure that the democracy system takes place in an exact
manner that it was initially intended by the policymakers.

Some of the most important and pivotal parliamentary procedures contain certain rules and
regulations that ensure that the Indian democracy functions seamlessly and governance takes
place in a fair and systematic manner. As per the Article 79 on the Constitution of India, a
parliamentary council in India consists of two separate houses, the Rajya Sabha and the Lok
Sabha respectively.

As stated in article 74 of the Constitution of India, A council of ministers, headed by the

Prime Minister of India, shall be responsible for assisting the president of the country, to
exercise and perform the functions entrusted to him, with the help of such council. It can be
rightly said that this council is truly vested with some exceptional administrative powers.

Under the parliamentary procedures, the role of the two houses is to seat it many Members of
the parliament (MP’s) and allow the formulation of various laws and orders, which would
help in the better functioning of the country.
The Powers of the Indian Parliament
Question the Functioning of the Government and its Performance

Whenever the parliament is undergoing a session, it begins with a typical question hour. This
question hour is a unique procedure through which the members can inquire about the
information relating to the functioning of the government and its performance.This is a very
pivotal method through which the Parliament decides what to amend in the system.

Making rules and regulations

At the same time, the Opposition party also plays a central role in the proper functioning of
the system. They highlight the key issues in various programmes and functioning of the
government and use the support for their own people for policyformation.The upfront work
of the Parliament is to engage in making rules and regulations for the good and ideal
governance of the country. The parliament holds unique powers to make and break a law.

Issue Laws

The Parliament forms and issues laws on those subjects which are titled in the Union List.It
can also make laws on various subjects which listed under the Concurrent List. If there is a
case where there is an issue or overlapping in the provisions which are present in the Union
and State provisions, the Union law shall succeed. During an emergency, the Parliament can
also pass laws on subjects that come under the State List.

Supervision Functions over the Executives

The Parliament of India also performs supervision functions over the Executives through a
question-hour, half-an-hour discussion, zero hours, short duration, and more.

Control over Financial Matters

The parliament also possesses various powers over the control of the financial matters of the
government. It operates in two phases, one of which is the “budgetary control” which implies
that the parliament would have the final call before the appropriation of any grants through
the application of the budget and “post-budgetary control” which means that the government
would exercise control after the appropriation of grants through one of the financial
committees.

Decisions on Judicial Functions

Finally, the Parliament also makes a decision in regard to judicial functions. These powers
include the performance of the judicial functions. Furthermore, the Parliament of India also
participates in the elections for choosing the President and Vice President of India.

Question For You

Q. Describe the legislative powers of the Parliament of India.

Ans: By way of the parliamentary powers, amendments can take place in the constitution of
India using the following three ways:

 Voting for a simple majority of members

 Voting by a special majority of members
 Special majority with the affirmation of half of all the state legislatures.

In conclusion, the Parliament has the power to makes amends in any provision of the
constitution only except the ‘basic features’ of the Constitution. The budget session of the
Parliament will be held in two phases — from January 31, 2020, to February 11, 2020, and
March 2, 2020, to April 3, 2020. Nirmala Sitharaman is all set to present her second Union
budget on February 1, 2020.

Important parliamentary terms are crucial from the polity and governance perspectives in the
UPSC exam. IAS aspirants should thoroughly understand their meaning and application, as
questions can be asked from this static portion of the UPSC syllabus in both the UPSC Prelims
and the UPSC Mains exams.
In this article, you can read about the sessions of the Parliament in India for the civil services
exam.

Sessions of Parliament
A session of the Indian Parliament is the period during which a House meets almost every day
uninterruptedly to manage the business. There are typically three sessions in a year. A session
contains many meetings.
The process of calling all members of the Parliament to meet is called Summoning of Parliament.
It is the President who summons Parliament.
In general, the sessions are as follows:

 Budget session (February to May)

 Monsoon session (July to September)
 Winter session (November to December)

Budget Session
  The budget session is held in February to May every year.
 It is considered to be a highly crucial session of the Parliament.
 The Budget is usually presented on the last working day of the month of February.
 Here, the members discuss the various provisions of the budget and matters concerning
taxation, after the Finance Minister presents the budget.
 The budget session is generally split into two periods with a gap of one month between
them.
 This session every year starts with the President’s Address to both Houses.

Monsoon Session
 The monsoon session is held in July to September every year.
 This is after a break of two months after the budget session.
 In this session, matters of public interest are discussed.

Winter Session
 The winter session of Parliament is held in mid-November to mid-December every year.
 It is the shortest session of all.
 It takes up the matters that could not be considered upon earlier and makes up for the
absence of legislative business during the second session of the Parliament.

Joint Session of Parliament

 The Constitution of India provides for the joint sitting of the Parliament’s two Houses, the
Lok Sabha and the Rajya Sabha, in order to break any deadlock between the two.
 The joint sitting of the Parliament is called by the country’s 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.
 Article 108 of the Constitution talks about a joint Parliament session.
When is a Joint Session called?
If a bill is passed by one House and passed on to the other and – 

1. The bill is rejected by the other House

2. The Houses disagree on the amendments made to the bill
3. If 6 months have passed since the passing of the bill by one House and the bill has been
received by the other House without it being passed (the President cannot summon a
joint sitting if the bill was not passed because of the dissolution of the Lok Sabha). Also,
in calculating the 6 months, days, when House was prorogued or adjourned for more
than 4 consecutive days, are not counted.

Exceptions to Joint Sittings

1. Money Bills: Money bills do not require the approval of the Rajya Sabha. Only Lok
Sabha needs to pass it. Even if the Upper House does not pass a money bill within 14
 days, it is deemed to have been passed by both Houses of Parliament after the expiry of
the above period. So, there is no case for a joint sitting in the case of a money bill.
2. Constitution Amendment Bills: According to Article 368, the constitution of India can
be amended by both the Houses by a 2/3rd majority. In case of a disagreement between
both the houses, there is no provision for a joint session of Parliament.

How long does a parliament session last?

The budget and the monsoon sessions last for about 4 and 3 months respectively. The winter
session lasts for about one month only.

Who has the power to summon and prorogue the sessions of Parliament?
The President has this power.

What is the adjournment of Parliament?

An adjournment terminates a sitting of the House.

Who presides over a joint session of Parliament?

The Speaker presides over a joint session. In his absence, the Deputy Speaker, and in his
absence, the Deputy Chairman of the Rajya Sabha.

How many sessions are there in Parliament?

There are three sessions in Parliament.