Polity PPT 5 PDF

Temple of Democracy
Session 5
Shashank Ratnoo
AIR 688 (UPSC CSE 2015)
And
Supreme Court Advocate
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Parliament
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Parliament
● Legislative organ of the Union Government
○ Parliamentary form of government (‘Westminster’ model of government)
● Part V (Articles 79 to 122) - Organisation, composition, duration, officers,
procedures, privileges, powers and so on of the Parliament.
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Organisation
● Parliament (Three parts)
○ President
○ Council of States (RS) - Represents states & union territories
○ House of the People (LS) - Represents the people of India as a whole.
● President (Integral part of the Parliament):
○ Not a member of LS/RS & does not sit in the Parliament.
○ Bill passed by both the Houses cannot become law without President’s
assent.
○ Functions (related to Parliament): he summons and prorogues both
Houses, dissolves Lok Sabha, addresses both the Houses, issues
ordinances when they are not in session, etc.
Composition
● Rajya Sabha
○ Maximum Strength - 250 (238 are to be the representatives of states and
union territories (elected indirectly) and 12 are nominated by president)
○ At present- 245 members (229- states, 4 - from UTs, and 12 -Nominated)
○ Fourth Schedule: Allocation of seats in the RS to the states and union
territories
○ Election: Proportional representation (Single transferable vote)
■ Seats allocated on the basis of population of state
○ Nominated Members: (12) They have special knowledge or practical
experience in art, literature, science and social service.
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Composition
● Lok Sabha
○ Maximum strength: 552 (530- Representatives of the states, 20 of UTs, 2
Anglo Indian)
○ At present: 545 (Of these, 530 represent the states, 13 UTs & 2
Anglo-Indian)
○ Election: Based on the principle of universal adult franchise.
■ Who can vote?- Indian citizen, 18+ years,not disqualified under the
provisions of the Constitution or any law
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Lok Sabha Elections
● Territorial Constituencies
○ Ratio between that number of seats allocated to state and its population
is same for all states.
○ In Each State: the ratio between the population of each constituency and
the number of seats allotted to it is same
○ That is, Constitution ensures that there is uniformity of representation in
two respects:
a. Between different states, and
b. Between different constituencies in same state.
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Lok Sabha Elections
● Reservation to SC/STs on the basis of population ratios (Joint Electorate)
○ SC/STs can also contest from general seats
● 104th Amendment - Extended reservation for another 10 years (only SC/STs,
Anglo Indian reservation is discontinued)
● Territorial representation (First-past-the-post system) for the election
● Every member of the legislature represents a geographical area -
Constituency (single-member constituency)
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Duration - Rajya Sabha
● Continuing chamber (Permanent body and not subject to dissolution)
● One-third members retire every second year. Their seats are filled up by fresh
elections and presidential nominations at the beginning of every third year.
● Constitution- not fixed the term members of RS → left it to the Parliament.
○ Accordingly, the Parliament in the RPA (1951) provided that the term of
office of a member of the Rajya Sabha i.e. six years.
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Duration - Lok Sabha
● Normal term: Five years from the date of its first meeting (automatically
dissolves)
○ However, President can dissolve LS at any time even before five years →
cannot be challenged in a court of law.
● Term can be extended during national emergency be a law of Parliament for
one year at a time for any length of time. (This extension can not continue
beyond a period of six months after emergency)
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Duration - Lok Sabha
● Normal term: Five years from the date of its first meeting (automatically
dissolves)
○ However, President can dissolve LS at any time even before five years →
cannot be challenged in a court of law.
● Term can be extended during national emergency be a law of Parliament for
one year at a time for any length of time. (This extension can not continue
beyond a period of six months after emergency)
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Members of Parliament (MP) - Qualifications
● Constitution:
○ Citizen of India.
○ Oath - To bear true faith and allegiance to the Constitution of
India and To uphold the sovereignty and integrity of India
○ Age: 30+ Rajya Sabha and 25+ for Lok Sabha.
○ Must posses other qualifications prescribed by Parliament → RPA 1951
● RPA 1951
○ Elector for a parliamentary constituency (anywhere in India)
○ Must be a member of a SC/ST category in any state or union territory, If
contest a seat reserved for them
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Members of Parliament (MP) - Disqualifications
● Constitution:
○ Holder of Office of profit (Exceptions: minister or any other office
exempted by Parliament).
○ Unsound mind and stands so declared by a court.
○ Undischarged insolvent.
○ Not a citizen of India or has voluntarily acquired the citizenship of a
foreign state
○ Disqualified under any law made by Parliament → RPA 1951
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● RPA 1951
○ Guilty of election offences or corrupt practices in the elections.
○ Convicted →Imprisonment 2+ yrs (But, Preventive detention - not disqualification)
○ Failure to lodge an account of election expenses within time.
○ Must not have any interest in government contracts, works or services.
○ Must not hold an office of profit (eg. director) in a corporation in which the
government has at least 25 % share.
○ Must not be dismissed from gov. service for corruption or disloyalty.
○ He must not have been convicted for promoting enmity between different groups
or for the offence of bribery.
○ He must not have been punished for preaching and practising social crimes such
as untouchability, dowry and sati.
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● Disqualification on Ground of Defection: (10th Schedule)
○ Voluntarily giving up the membership of the political party on whose
ticket he is elected
○ Votes or abstains from voting in House contrary to any direction given by
his political party;
○ If any independently elected member joins any political party; and
○ If any nominated member joins any political party (after six months)
● Decided by the Chairman (RS) and Speaker (LS) → subject to judicial review
● Note - in case of disqualification other than defection, matter is decided by
the President (after opinion from EC)
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Presiding officers - LS
● Speaker of LS - Elected by the Lok Sabha from amongst its members
● On vacancy: Lok Sabha elects another member to fill the vacancy.
● Usual tenure - life of LS, however vacates office if -
○ S/he ceases to be a member of Lok Sabha;
○ S/he resigns (to the Deputy Speaker); and
○ S/he is removed by a resolution passed by a majority of all then
members of the Lok Sabha. (Only after giving 14 days’ advance notice)
● Whenever the Lok Sabha is dissolved- Speaker does not vacate the office
and continues till the newly-elected Lok Sabha meets.
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● Speaker of LS - Roles, Powers and Functions:
○ Guardian of powers and privileges of the MPs, the House as a whole and
its committees
○ Principal spokesman of the House
○ Her/his decision in all Parliamentary matters is final.
○ Source of Power: Constitution of India, the Rules of Procedure and
Conduct of Business of Lok Sabha, and Parliamentary Conventions
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● Powers of LS Speaker:
○ Maintains order and decorum in the House
○ Final interpreter of the provisions of (a) the Constitution of India, (b) the Rules
of Procedure and Conduct of Business of LS, and (c) the parliamentary
precedents, within the House.
○ Adjourns the House in absence of a quorum (Quorum- 10% of total members)
○ No vote in the first instance → exercises a casting vote in the case of a tie
○ Presides over a joint setting
○ Can allow ‘secret’ sitting → on request of the Leader of the House.
○ Decides whether a bill is a money bill or not → decision is FINAL
○ ex-officio chairman of the Indian Parliamentary Group
○ Appoints the chairman of all the parliamentary committees of the LS and
supervises their functioning.
○ Chairman of the Business Advisory Committee, the Rules Committee and the
General Purpose Committee. UPSCPREP.COM
● Speaker of LS - Independence and Impartiality ensured through-
○ Security of tenure → removed only through a resolution supported by
atleast 50 members → Passed by LS (Special majority)
○ Salaries & allowances → fixed by Parliament→ Charged on the
Consolidated Fund of India
○ Work & conduct cannot be discussed/criticised in the LS (Except:
substantive motion)
○ Powers can’t be questioned in any court
○ In Britain: Speaker resign from party and remain politically neutral.
○ India: speaker still can be a member of his/her party
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● Deputy Speaker of LS -
○ Elected by LS amongst its members
○ On vacancy: Lok Sabha elects another member to fill the vacancy.
○ Usual tenure - life of LS, however vacates office if -
■ S/he ceases to be a member of Lok Sabha;
■ S/he resigns (to the Speaker); and
■ S/he is removed by resolution passed by majority of all then
members of LS. (Only after giving 14 days’ advance notice)
○ Performs the duties of the Speaker’s office when it is vacant ( In all cases
)
○ Special privilege - when member of any parliamentary committee →
● Deputy Speaker of LS -
○ When speaker is present, Dy.Speaker is like normal MP - votes in first
instance
○ When dy speaker acts a Speaker → can’t vote in first instance (Only
casting Vote)
○ Salary and Allowance - fixed by Parliament → Charged on CFI
● Speaker/Deputy Speaker: No separate oath or affirmation (only oath as MP)
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● Panel of Chairpersons of LS -
○ Speaker nominates from MPs
○ Max. - 10
○ Any of them can preside over the House in the absence of the Speaker or
the Deputy Speaker. (Note - in absence only; NOT when office of speaker
and dy speaker is vacant! → in this case, any member of LS works as
presiding officer)
○ When speaker+dy+Panel - all absent → any member of LS presides
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● Speaker Pro Tem - temporary office
○ Speaker of the last Lok Sabha vacates office immediately before the first
meeting of the newly-elected Lok Sabha → President appoints a
member of the LS as the Speaker Pro Tem (Usually- seniormost MP).
○ President himself administers oath to the Speaker Pro Tem (of MP)
○ Has all the powers of the Speaker.
○ Main duty-
■ Administer oath to the new members.
■ Enables the House to elect the new Speaker.
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Presiding officers - RS
● Chairman of RS: Vice-president of India- ex-officio Chairman of RS.
● Removal: Only if s/he is removed from the office of the Vice-President
● Powers and function of chairman similar to Speaker of the LS, except-
○ Power to decide money bill - exclusive to LS speaker
○ Joint seating - presided by LS Speaker only
● Unlike speaker, Chairman is NOT member of the RS → still has casting vote
(No vote in first instance)
● Salaries & allowances: Fixed by Parliament → Charged on CFI (same-
speaker)
● When vice-president acts as President → He does not perform duties of
Chairman → Deputy Chairman performs
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● Deputy Chairman of RS: elected by the RS from amongst its members.
● Deputy Chairman vacates his/her office, If:
○ S/he ceases to be a member of the Rajya Sabha
○ Resigns (by writing to the Chairman); and
○ Removed by Resolution (Passed by majority of all the then members of
RS. Resolution can be moved only after giving 14 days’ advance notice.)
● Performs duties of Chairman, when-
○ Chairman absent or Chairman - acting as President
■ Otherwise he/she is just like any other member
● Note: Deputy Chairman is not subordinate to Chairman. He/She is directly
responsible to the Rajya Sabha. UPSCPREP.COM
● Panel of Vice-Chairpersons of RS
○ Nominated by Chairman from amongst the members of RS
○ Any one of them can preside over the House in the absence of the
Chairman and Deputy Chairman.
■ Only when Absent → NOT when both of these offices are vacant.
○ In their absence - any member of RS
● Secretariat of Parliament
○ Each House of Parliament has separate secretarial staff (headed by
secretary-general)
○ Recruitment and service conditions- regulated by Parliament.
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Leaders in Parliament
● Leader of the House
○ In Lok Sabha - PM (if he/she is member of LS) or Minister nominated by
PM
○ In RS- Minister nominated by PM
● Leader of the Opposition:
○ 1969 - Leader of Opposition Recognised for the first time
■ Statutory recognition given in 1977
○ Leader of largest Opposition party → having not less than one-tenth
seats of the total strength of the House
○ Functions: to provide a constructive criticism of the policies of the
government and to provide an alternative government.
Whip
● Leader of the House & Leader of the Opposition: Mentioned in Rules of the
House and Parliamentary Statute respectively.
● Whip - based on the conventions of the parliamentary government.
● Every political party in Parliament has its own Whip
● Responsibility-
○ Ensuring attendance of party members, Securing their support in favour
of or against a particular issue.
○ To regulates and monitors their behaviour in the Parliament.
○ Disciplinary action can be taken on not following directives of the Whip
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Sessions in Parliament
● Summoning: (by President) - to call the session of Parliament
○ Maximum gap between two sessions of Parliament cannot be more than
six months. In other words, the Parliament should meet at least twice a
year. Usually three sessions in a year:
1. Budget Session (February to May);
2. Monsoon Session (July to September); and
3. Winter Session (November to December).
○ ‘Session’ of Parliament - Period between first sitting to prorogation (or
dissolution of LS). During a session, House meets to transact business.
○ ‘Recess’: Period spanning between prorogation and its reassembly in
new session UPSCPREP.COM
● Adjournment: (by Presiding Officer) - to call the session of Parliament
○ Session of Parliament consists of many meetings.
○ Each meeting consists of two sittings,
■ Morning sitting from 11 am to 1 pm and
■ post-lunch sitting from 2 pm to 6 pm.
○ A sitting of Parliament can be terminated by adjournment or
adjournment sine die or prorogation or dissolution (in the case of the LS).
○ Adjournment: Suspends work in a sitting for a specified time
(hours/days/weeks)
○ Adjournment sine die: Terminating sitting of Parliament for an indefinite
period UPSCPREP.COM
● Prorogation
○ Presiding officer (Speaker or
Chairman) declares the House
adjourned sine die, when the
business of a session is completed.
○ Within the next few days, President
issues a notification for prorogation
of session.
■ President can also prorogue the
House while in session.
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● Dissolution - Only Lok Sabha (RS is permanent chamber)
○ Ends life of existing House→ new House after general elections.
● Two ways of dissolution -
○ Automatic dissolution: On the expiry of its tenure; or
○ Whenever President decides (Once LS is dissolved before the completion
of its normal tenure, the dissolution is irrevocable)
● All business including bills, motions, resolutions, notices, petitions and so on
pending before it or its committees lapse.
○ They (to be pursued further) must be reintroduced in the
newly-constituted Lok Sabha.
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Dissolution of LS
● Position over Lapsing of Bills
○ Bill pending in the Lok Sabha Lapses (can be originated in LS/RS)
○ Bill passed by the LS but pending in the RS lapses
○ A bill for which a joint sitting was called, does not lapse
○ Bill pending in RS but not passed by LS - does not lapse.
○ Bill passed by both Houses but pending assent of the president- does
not lapse.
○ A bill passed by both Houses but returned by the president for
reconsideration of Houses does not lapse.
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Language of Parliament:
● Hindi and English (As per Constitution)

● However, presiding officer can permit a member to address the House in his
mother-tongue. (arrangements are made for simultaneous translation)
● Though English was to be discontinued as a floor language after the
expiration of fifteen years from the commencement of the Constitution (that
is, in 1965)
○ Official Languages Act (1963) allowed English to be continued along with
Hindi.
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Rights of Minister and Attorney General:
● Right to speak and take part in the proceedings, joint sitting & any committee
of Parliament of which he/she is a member→ No right to vote. Reasons -
○ By this arrangement, a minister belonging to the LS can participate in the
proceedings of the RS and vice-versa.
○ A minister, who is not a member of either House, can participate in the
proceedings of both the Houses.
■ A person can remain Minister w/o being member of either house for
6 months
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● Lame-duck Session - Last session of the existing LS, after a new LS has been
elected.
● Lame-ducks - Members of the existing Lok Sabha who could not get
re-elected
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Devices of Parliamentary Proceedings
● Question Hour: (1st hour of Sitting 11-12AM)
○ MPs can ask questions (ministers usually give answers).
○ Questions Types:
■ Starred question: requires oral answer → supplementary questions
can follow.
■ Unstarred question → requires a written answer → supplementary
questions cannot follow.
■ Short notice question: Asked by giving a notice of less than 10 days→
answered orally.
○ Note: Questions can also be asked to the private members.
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● Zero Hour: (Starts immediately after Question hour - lasts until agenda for the
day)
○ Informal device (Not mentioned in the Rules of Procedure)
○ Indian innovation in the field of parliamentary procedures (since 1962)
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Motions
● No discussion on a matter of general public importance can take place
except on a motion made with the consent of the presiding officer.
● The House expresses its decisions/opinions → through the adoption/rejection
of motions
● Moved by either ministers or private members.
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Motions
Categories
1. Substantive Motion: Self-contained independent proposal dealing with a very

important matter like impeachment of President
2. Substitute Motion: Moved in substitution of an original motion & proposes an
alternative to it. If adopted by House→ supersedes original motion.
3. Subsidiary Motion: It is a motion that, by itself, has no meaning and cannot
state the decision of the House without reference to the original motion or
proceedings of the House. It is divided into three sub-categories:
■ Ancillary Motion: Used as regular way of proceeding with business.
○ Superseding Motion: It is moved in the course of debate on another issue
and seeks to supersede that issue.
○ Amendment: It seeks to modify or substitute only a part of the original
motion.
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Motions
● Closure Motion
○ Moved by a member to cut short the debate. Its types are -
■ Simple Closure: ‘matter having been sufficiently discussed be now
put to vote’.
■ Closure by Compartments: Clauses of bill/resolution- grouped into
parts → debate covers part as a whole → entire part is put to vote.
■ Kangaroo Closure: Only important clauses are taken up for debate
and voting →intervening clauses are skipped (taken as passed)
■ Guillotine Closure: When the undiscussed clauses of a bill/resolution
are also put to vote along with the discussed ones due to want of
time UPSCPREP.COM
Motions
● Privilege Motion (Purpose: to censure the concerned minister)
○ Concerned with the breach of parliamentary privileges by a minister.
○ It is moved by a member when s/he feels that a minister has committed
a breach of privilege of the House or one or more of its members by
withholding facts of a case or by giving wrong or distorted facts.
● Calling Attention Motion (Since 1954)
○ To call the attention of a minister to a matter of urgent public
importance, and to seek an authoritative statement from him/her
○ Indian Innovation → mentioned in Rules of Procedure)
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Motions
● Adjournment Motion
○ To draw attention of the House to a definite matter of urgent public
importance
○ Needs the support of 50 members to be admitted.
○ Extraordinary device → As it interrupts the normal business of the House
○ It involves an element of censure against the government → RS is NOT
permitted to make use of this device.
○ Discussion should last for not less than two hours and thirty minutes.
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Motions
● Restrictions to move adjournment motion-
○ Should raise a matter→ definite, factual, urgent & of public importance;
○ It should not cover more than one matter;
○ It should be restricted to a specific matter of recent occurrence and
should not be framed in general terms;
○ It should not raise a question of privilege;
○ It should not revive discussion on a matter that has been discussed in
the same session;
○ It should not deal with any matter that is under adjudication by court;
and
○ It should not raise any question that can be raised on a distinct motion.
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Motions
● No-Confidence Motion
○ Article 75: The council of ministers shall be collectively responsible to the
LS → Lok Sabha can remove the executive by passing a no-confidence
motion.
○ Needs the support of 50 members to be admitted.
● Confidence Motion
○ Government seeks to prove its majority by moving a motion of
confidence
○ If the confidence motion is negatived → fall of the government
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Motions
● Motion of Thanks
○ President addresses the first session after each general election and the
first session of every fiscal year → It is is discussed in both the Houses of
Parliament on a motion called the ‘Motion of Thanks’
○ This motion must be passed in the House→ Otherwise, it amounts to the
defeat of the government.
● No-Day-Yet-Named Motion
○ It is a motion that has been admitted by the Speaker but no date has
been fixed for its discussion
○ Speaker Later allots time for discussion of such motion
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Motions
● Dilatory Motion
○ A motion for adjournment of debate on a bill / motion / resolution etc. or
○ a motion to retard or delay the progress of a business under
consideration of the House.
○ Can be moved by a member at any time after a motion has been made.
○ The debate on a dilatory motion must be restricted to the matter
contained in such motion.
○ If the Speaker is of the opinion that such a motion is an abuse of the rules
of the House, he/she may either forthwith put the question thereon or
decline to propose the question.
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● Point of Order:
○ Raised when the proceedings of the House do not follow the normal rules
of procedure.
○ A point of order should relate to the interpretation or enforcement of the
Rules of the House and should raise a question that is within the
cognizance of the Speaker.
○ Usually raised by an opposition member in order to control the
government.
○ Extraordinary device as it suspends the proceedings before the House.
○ No debate is allowed on a point of order.
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● Half an Hour Discussion:
○ Meant for discussing a matter of sufficient public importance, which has
been subjected to a lot of debate and the answer to which needs
elucidation on a matter of fact.
○ Speaker can allot three days in a week for such discussions.
○ No formal motion or voting before the House.
● Short duration discussion: (two-hour discussion)
○ MPs can raise such discussions on a matter of urgent public importance.
○ Speaker can allot two days in a week for such discussions.
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● Special Motion:
○ A matter which is not a point of order or which cannot be raised during
question hour, half-an hour discussion, short duration discussion or
under adjournment motion, calling attention notice or under any rule of
the House can be raised under the special mention in the Rajya Sabha.
○ Its equivalent procedural device in the Lok Sabha is known as ‘Notice
(Mention) Under Rule 377’.
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● Resolutions:
○ To draw attention of House/government to matters of public interest.
○ Discussion on a resolution is strictly relevant to & within scope of the
resolution.
○ MP who moved resolution cannot withdraw it except by leave of House.
● Classification-
○ Private Member’s Resolution: Moved by a private member
○ Government Resolution: Moved by a minister.
○ Statutory Resolution: Moved either by a private member or a minister → it
is always tabled in pursuance of a provision in Constitution/Act of
Parliament. UPSCPREP.COM
Legislative Procedure in Parliament
● Bill —> Act
● Bills → Public/Private
● Bills
○ Ordinary Bills
○ Money Bills
○ Financial Bills
○ Constitutional
Amendment Bills
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Ordinary Bills
● Can be introduced in either House of Parliament.
○ By Minister or Pvt Members
Procedure:
● First Reading -
○ Leave of the House → when granted → Bill is introduced it by reading its
title and objectives (No discussion at this stage)
○ Bill published in the Gazette of India. (If a bill is published in the Gazette
before its introduction, leave of the House to introduce the bill is not
necessary)
○ Introduction+Publication in the Gazette constitute first reading of the bill.
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Ordinary Bills
● Second Reading - (Most Important Stage)
○ Bill receives detailed scrutiny and it assumes final shape.
Sub Stages:
a. Stage of General Discussion

● Principles and provisions of a Bill are discussed (Details - not discussed)
● At this stage, House take any one of the following actions:
1. Bill taken into consideration immediately or on some other fixed
date;
2. May refer the bill to a select committee of the House;
3. May refer the bill to a joint committee of the two Houses; and
Ordinary Bills
b. Committee Stage
● Joint/Select Committee → Examines the bill thoroughly and in detail,
clause by clause.
● It can also amend its provisions (without altering underlying principles)
● After completing scrutiny & discussion→ bill sent back to the House.
c. Consideration Stage
● After receiving bill from Committee→ House considers the provisions of
the bill clause by clause → Each clause- discussed and voted upon
separately.
● The members can also move amendments (if accepted, they become
part of the bill) UPSCPREP.COM
Ordinary Bills
● Third Reading
○ Debate confined to the acceptance/rejection of the bill as a whole
○ No amendments allowed
○ If passed → bill is authenticated by the presiding officer and transmitted
to the second House for consideration and approval.
● Bill in second House
○ Here also bill passes through all the three stages, that is, first reading,
second reading and third reading.
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Ordinary Bills
● Bill in second House
● Alternatives before this House:
a. Pass the bill as sent by the first house (ie, without amendments);
b. Pass the bill (with amendments) & return it to the first House for
reconsideration;
c. Reject the bill altogether; and
d. No action and thus keep the bill pending.
● If second House passes the bill w/o amendments or the first House accepts
the amendments suggested by second House→ bill is deemed to be passed
by both the Houses
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Ordinary Bills
● Joint Sitting: If first House rejects the amendments suggested or the second
House rejects the bill altogether or second House does not take any action for
six months→ deadlock → Joint Sitting (summoned by President)
● Last Stage: Assent of the President
Alternatives before the president:
○ May give assent to the bill; → bill becomes an act (placed in Statute
Book)
○ May withhold assent to the bill; → Bill ends
○ May return the bill for reconsideration of the Houses.
■ Both house again passes with or w/o amendments → Now,
Money Bills (Article 110)
A bill is deemed to be a money bill if it contains ‘only’ provisions dealing with all or
any of the following matters:
1. The imposition, abolition, remission, alteration or regulation of any tax;

2. The regulation of the borrowing of money by the Union government;
3. The custody of the Consolidated Fund of India or the contingency fund of
India, the payment of moneys into or the withdrawal of money from any such
fund;
4. The appropriation of money out of the Consolidated Fund of India;
5. Declaration of any expenditure charged on the Consolidated Fund of India or
increasing the amount of any such expenditure;
6. The receipt of money on 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
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● It can be introduced ONLY in LS
○ on the recommendation of the president
● Public bill only (No private member is allowed to present a money bill)
● When money bill is transmitted to RS → Speaker endorses it as a money bill.
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● Restricted powers to RS
○ It cannot reject/amend a money bill→ can only make the recommendations.
○ It must return the bill to LS within 14 days (with/without recommendation) → if

not returned → It is considered to be passed
○ LS can either accept or reject all or any of the recommendations
■ If LS accepts → bill is then deemed to have passed by both the Houses in

the modified form.
■ If the Lok Sabha does not accept any recommendation→ bill is then
deemed to have passed by both the Houses in the form originally passed
by the Lok Sabha without any change.
● President- may either give assent or withhold assent
○ cannot return the bill for reconsideration of the Houses

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Financial Bills
● Restrictions to move adjournment motion-
● Bills that deal with fiscal matters (revenue / expenditure)
● Three types:
○ Money bills–Article 110
○ Financial bills (I)–Article 117 (1)
○ Financial bills (II)–Article 117 (3)
(Note: Money Bills are special type of Financial Bills)
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Financial Bills (I) - Art. 117(1)
● Financial bill (I)- Bill that contains not only any or all the matters mentioned in
Article 110, but also other matters of general legislation.
● Similarities with Money Bill
○ Both of them can be introduced only in the Lok Sabha (Not in RS)
○ Both of them can be introduced only on the recommendation of the
president.
● In all other respects, a financial bill (I) is governed by the same legislative
procedure applicable to an ordinary bill.
● Joint sitting in case of deadlock
● President can - assent/withhold/return for reconsideration
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Financial Bills (II) - Art. 117(3)
● Contains provisions involving expenditure from Consolidated Fund of India,
but does not include any of the matters mentioned in Article 110.
● Treated as an ordinary bill → governed by the same legislative procedure
which is applicable to an ordinary bill.
● Only special feature of this bill → President’s recommended to that House the
consideration of the bill.
○ Recommendation of President is not required at the introduction stage
but is required at the consideration stage
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Joint Sitting
● Summoned by President → To resolve a deadlock between the two Houses
over the passage of a bill. Deadlock?
○ if the bill is rejected by the other House;
○ if the Houses have finally disagreed as to the amendments; or
○ if Bill is pending for 6+ months
● Applicable to ordinary bills or financial bills only
● Not applicable to money bills or Constitutional amendment bills.
● Speaker of Lok Sabha presides over a joint sitting → Deputy Speaker, in
absence → Deputy Chairman of RS
● Quorum for joint sitting → 1/10th of total number of members of two Houses.
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Joint Sitting
● Governed by the Rules of Procedure of Lok Sabha (not of Rajya Sabha)
● Constitution→ New amendments to the bill cannot be proposed except in two
cases:
○ those amendments that have caused final disagreement; and
○ those amendments that might have become necessary due to the delay
in the passage of the bill.
● The bills that have been passed at joint sittings are:
○ Dowry Prohibition Bill, 1960.
○ Banking Service Commission (Repeal) Bill, 1977.
○ Prevention of Terrorism Bill, 2002.
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Budget in Parliament (annual financial statement)
● Art. 112 (Budget word is not used→ Annual Financial Statement )
● It is a statement of the estimated receipts and expenditure of GoI in a
financial year (1 April to 31 March of the following year). Budget contains the
following:
○ Estimates of revenue and capital receipts;
○ Ways and means to raise the revenue;
○ Estimates of expenditure;
○ Details of the actual receipts and expenditure of the closing financial
year and the reasons for any deficit/surplus in that year; and
○ Economic & financial policy of the coming year, that is, taxation
proposals, prospects of revenue, spending programme and introduction
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Budget - Constitutional Provisions
● The President shall in respect of every financial year cause to be laid before
both the Houses of Parliament a statement of estimated receipts and
expenditure of the Government of India for that year (article 112)
● No demand for a grant made→ except on recommendation of the President.
● No money shall be withdrawn from the Consolidated Fund of India (CFI)
except under appropriation made by law.
● No money bill imposing tax shall be introduced in the Parliament except on
the recommendation of the President, (not to be introduced in the Rajya
Sabha)
● No tax shall be levied or collected except by authority of law.
● Parliament can reduce or abolish a tax but cannot increase it.
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Budget - Constitutional Provisions
● Relative roles/position of both Houses with regard to the budget:
○ A money/finance bill dealing with taxation cannot be introduced in the
RS–it must be introduced only in the Lok Sabha.
○ RS- no power to vote on demand for grants (exclusive privilege LS)
○ RS should return the Money bill (or Finance bill) to the LS within 14 days.
■ LS- either accept/reject these recommendations
○ Estimates of expenditure shall show separately the expenditure charged
on Consolidated Fund of India and the expenditure made from the CFI
● Budget distinguish expenditure on revenue account from other expenditure.
● Expenditure charged on the CFI→ not be submitted to the vote(Can
discussed) UPSCPREP.COM
Budget - Stages of Enactment
● Six Stages:
1. Presentation of budget.
2. General discussion.
3. Scrutiny by departmental committees.
4. Voting on demands for grants
5. Passing of appropriation bill.
6. Passing of finance bill.
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1. Presentation of budget
● Finance Minister(FM) presents budget → ‘budget speech’.

● At the end of the speech in the Lok Sabha, the budget is laid before the Rajya
Sabha (Only discuss, No power to vote on the demands for grants)
● Earlier, the Economic Survey also used to be presented to the Parliament
along with the budget.
○ Now, it is presented one day or a few days before Budget
● Budget documents presented to Parliament - given on Next page
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1. Budget Speech
2. Annual Financial Statement
3. Demands for Grants
4. Appropriation Bill
5. Finance Bill
6. Statements mandated under the FRBM Act: (a) Macro-Economic Framework
Statement (b) Fiscal Policy Strategy Statement (c) Medium Term Fiscal Policy
Statement
7. Expenditure Budget
8. Receipts Budget
9. Expenditure Profile
10. Memorandum Explaining the Provisions in the Finance Bill
11. Budget at a Glance
12. Outcome Budget
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2. General Discussion
● Begins a few days after presentation→ in both the Houses (last 3-4 days)
● Lok Sabha can discuss the budget as a whole or on any question of principle
involved therein but no cut motion can be moved nor can the budget be
submitted to the vote of the House.
○ FM has a general right of reply at the end of the discussion.
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3. Scrutiny by Departmental Committees
● After general discussion → Houses are adjourned for about 3-4 weeks→ In
this gap - 24 departmental standing committees of Parliament examine and
discuss in detail the demands for grants of the concerned ministers and
prepare reports on them.
● These reports are submitted to both the Houses of Parliament
● The standing committee system established in 1993 (and expanded in 2004)
makes parliamentary financial control over ministries much more detailed,
close, in-depth and comprehensive.
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4. Voting on Demands for Grant
● Only in Lok Sabha

● Voting is confined to the votable part of the budget– the expenditure
charged on the CFI is not submitted to the vote (it can only be discussed).
● Demands- presented ministry wise. Demand becomes a grant → when
voted.
● MPs can discuss details of budget→ Can move Motions to reduce demand for
grant (cut motion)
○ Policy Cut Motion → Represents the disapproval of the policy underlying
the demand. Amount of the demand is reduced to Re 1. (members can
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4. Voting on Demands for Grant
● Cut motion
○ Economy Cut Motion → 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 (may be a lumpsum reduction in the
demand or ommission or reduction of an item in the demand)
○ Token Cut Motion → It ventilates a specific grievance that is within the
sphere of responsibility of the GOI. It states that the amount of the
demand be reduced by ₹100.
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5. Passing of Appropriation Bill
● No money shall be withdrawn from the CFI except under appropriation made by law →
Accordingly, an appropriation bill is introduced → provide for the appropriation, out of
CFI, all money required to meet:
○ The grants voted by the Lok Sabha.
○ The expenditure charged on CFI
● Appropriation Bill becomes Act after it is assented to by President. This act authorises (or
legalises) the payments from the CFI → Government cannot withdraw money from CFI
till enactment of appropriation bill (This takes time & usually goes on till end of April) →
Constitution has authorised the LS to make any grant in advance in respect to the
estimated expenditure for a part of the financial year, pending the completion of the
voting of the demands for grants and the enactment of the appropriation bill→ known
as the ‘vote on account’.
● It is passed (or granted) after the general discussion on budget is over. It is generally
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granted for two months
6. Passing of Finance Bill
● Introduced to give effect to the financial proposals of GoI for the following
year.
● It is subjected to all the conditions applicable to a Money Bill.
● Unlike the Appropriation Bill, the amendments (seeking to reject or reduce a
tax) can be moved in the case of finance bill.
● According to the Provisional Collection of Taxes Act of 1931, the Finance Bill
must be enacted (i.e., passed by the Parliament and assented to by the
president) within 75 days.
● The Finance Act legalises the income side of the budget and completes the
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Funds
Consolidated Fund of India (Art. 266)
● Fund to which all receipts are credited and all payments are debited.
● In other words, (a) all revenues received by the Government of India; (b) all
loans raised by the Government by the issue of treasury bills, loans or ways
and means of advances; and (c) all money received by the government in
repayment of loans forms the CFI
● All the legally authorised payments on behalf of the Government of India are
made out of this fund.
● No money out of this fund can be appropriated (issued or drawn) except in
accordance with a parliamentary law.
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Funds
Public Account of India (Art. 266)
● All other public money (other than those which are credited to the CFI)
received by or on behalf of the GoI shall be credited to the Public Account of
India.
● This includes provident fund deposits, judicial deposits, savings bank
deposits, departmental deposits, remittances and so on.
● This account is operated by executive action, that is, the payments from this
account can by made without parliamentary appropriation. Such payments
are mostly in the nature of banking transactions.
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Funds
Contingency Fund of India (Art. 267)
● Constitution authorised the Parliament to establish a ‘Contingency Fund of

India’, into which amounts determined by law are paid from time to time.
● Accordingly, the Parliament enacted the contingency fund of India Act in
1950.
● This fund is placed at the disposal of the president→ S/he can make
advances out of it to meet unforeseen expenditure pending its authorisation
by the Parliament.
● The fund is held by the finance secretary on behalf of the president. Like the
public account of India, it is also operated by executive action.
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Multifaceted role of Parliament
● Legislative Powers → Power to make laws on subjects in Union List and
Residuary (exclusive), Concurrent list (along with states), and on state list in
some extraordinary circumstances.
● Delegated legislation/executive legislation/subordinate legislation:
Parliament makes laws in a skeleton form and authorises the Executive to
make detailed rules and regulations within the framework of the parent law.
● Parliament exercises control over the Executive through question-hour, zero
hour, half-an-hour discussion, short duration discussion, calling attention
motion, adjournment motion, no-confidence motion, censure motion and
other discussions.
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● Financial Powers → No tax can be levied or collected and no expenditure can
be incurred by the Executive except under the authority and with the approval
of Parliament.
● Constituent Power → Parliament is vested with the powers to amend the
Constitution by way of addition, variation or repeal of any provision.
● Judicial Power → Impeachment of President, It can punish its members or
outsiders for the breach of its privileges or its contempt
○ It can recommend the removal of judges of SC/HC, chief election
commissioner, comptroller and auditor general to the president.
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● Electoral Powers → Election of the President, Vice-President. The LS elects its
Speaker and Deputy Speaker, while the RS elects its Deputy Chairman.
○ The Parliament is also authorised to make laws to regulate the elections
to the offices of President and Vice-President, to both the Houses of
Parliament and to both the Houses of state legislature → RPA 1950, RPA
1951, Elections Act, 1952 etc.
● It serves as the highest deliberative body in the country. It discusses various
issues of national and international significance.
● It approves emergency
● Can change area/name etc. of a state
● Can create/abolish Legislative Council
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Ineffectiveness of Parliament
● The Parliament has neither time nor expertise to control the administration
which has grown in volume as well as complexity.
● Parliament’s financial control is hindered by the technical nature of the
demands for grants. The parliamentarians being laymen cannot understand
them properly and fully.
● The legislative leadership lies with the Executive and it plays a significant role
in formulating policies.
● The very size of the Parliament is too large and unmanagable to be effective.
● The majority support enjoyed by the Executive in the Parliament reduces the
possibility of effective criticism.
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Ineffectiveness of Parliament
● The financial committees like Public Accounts Committee examines the
public expenditure after it has been incurred→ Thus, they do post mortem
work.
● Increased recourse to ‘guillotine’ reduced the scope of financial control.
● The growth of ‘delegated legislation’ has reduced the role of Parliament in
making detailed laws and has increased the powers of bureaucracy.
● Frequent promulgation of ordinances→ dilutes Parliament’s legislative
powers
● The Parliament’s control is sporadic, general and mostly political in nature.
● Lack of strong and steady opposition in the Parliament, and a setback in the
parliamentary behaviour andUPSCPREP.COM
ethics, have also contributed to the
Position of Rajya Sabha
● Equal Status with LS
○ Introduction and passage of ordinary bills.
○ Introduction and passage of Constitutional amendment bills.
○ Introduction and passage of financial bills involving expenditure from the
Consolidated Fund of India.
○ Election and impeachment of the president.
○ Election and removal of the Vice-President. However, Rajya Sabha alone
can initiate the removal of the vice-president. He is removed by a
resolution passed by the Rajya Sabha by an effective majority and
agreed to by the Lok Sabha by a simple majority.
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● Equal Status with LS
○ Recommendation to President→ for removal of Judges of SC/HC, chief
election commissioner and comptroller and auditor general.
○ Approval of ordinances issued by the President.
○ Approval of proclamation of all three types of emergencies
○ Selection of ministers including the Prime Minister. (Ministers including PM
can be members of either House)
○ Consideration of the reports of the constitutional bodies like Finance
Commission, UPSC, comptroller and auditor general, etc.
○ Enlargement of the jurisdiction of the SC and UPSC
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● Unequal Status with LS
○ Money Bill can be introduced only in the Lok Sabha
■ Rajya Sabha cannot amend or reject a Money Bill.
○ A financial bill, not containing solely the matters of Article 110, also can be
introduced only in the Lok Sabha
■ But, with regard to its passage, both the Houses have equal powers.
○ Power to decide if a bill is a Money Bill or not → Speaker of the Lok Sabha.
○ Speaker of Lok Sabha presides over the joint sitting of both the Houses.
○ Rajya Sabha can only discuss the budget but cannot vote on the
demands for grants (which is the exclusive privilege of the Lok Sabha).
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● Unequal Status with LS
○ A resolution for the discontinuance of the national emergency can be
passed only by the Lok Sabha and not by the Rajya Sabha.
○ 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. But, the Rajya Sabha can discuss and criticise
the policies and activities of the government.
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● Special Powers to RS - Not to LS
○ Can authorise Parliament to make law on a subject in State List (Art. 249).
○ It can authorise the Parliament to create new All-India Services common
to both the Centre and states (Article 312).
○ It alone can initiate motion for removal of the vice- president (Article 67).
○ If a proclamation is issued by the President for imposing national
emergency or president’s rule or financial emergency at a time when the
Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes
place within the period allowed for its approval, then the proclamation
can remain effective even if it is approved by the Rajya Sabha alone
(Articles 352, 356 and 360) UPSCPREP.COM
State Legislature
Articles 168 to 212 in Part VI
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Organisation of State Legislature
● No uniformity → Unicameral/Bicameral
○ At present, these states have two Houses (bicameral): Andhra Pradesh,
Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka.
● State legislature
○ Governor,
○ Legislative council (Vidhan Parishad) - upper house (second chamber/
house of elders)
○ Legislative assembly (Vidhan Sabha) - lower house (first chamber or
popular house).
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Legislative Councils (LC)
● No uniformity → Unicameral/Bicameral
● Constitution provides for the abolition or creation of legislative councils in
states
● Parliament can abolish/create LC → if legislative assembly of the concerned
state passes a resolution (by special majority) to that effect.
● Not to be deemed as an amendment Constitution→ passed like an ordinary
piece of legislation (ie, by simple majority).
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Composition
● Legislative Assembly (- equivalent to LS)
○ Strength: Max 500 and min 60 (depending on the population of state)
■ However, in case of Arunachal Pradesh, Sikkim and Goa, the
minimum number is fixed at 30 and in case of Mizoram and
Nagaland, it is 40 and 46 respectively.
○ Territorial Constituencies
○ Direct elections→ State is divided into territorial constituencies.
○ Constitution provided for reservation of seats for SC/STs → on the basis
of population ratios.
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Composition
● Legislative Council (- equivalent to RS)
○ Strength: Max One-third of total strength of the assembly and the min. 40 →
Actual Strength decided by Parliament.
○ Elections- (5/6th - Indirectly Elected, (⅙- Nominated)
■ 1/3 - elected by members of local bodies (eg. municipalities, district
boards, etc)
■ 1/12 - elected by graduates
■ 1/12 - elected by teachers - not lower than secondary school,
■ 1/3 - elected by the members of the legislative assembly of the state
■ 1/6th (remainder)- nominated by the governor from amongst persons
who have a special knowledge or practical experience of literature,
science, art, cooperative movement and social service.
Duration
● Legislative Assembly (- equivalent to LS)
○ Normal term - 5 years → Expiration of the five years operates as
automatic dissolution of the assembly → However, the governor is
authorised to dissolve the assembly at any time
○ Term of the assembly can be extended during the period of national
emergency by a law of Parliament for one year at a time (for any length
of time).
■ However, this extension cannot continue beyond a period of six
months after the emergency has ceased to operate. This means
that the assembly should be re-elected within six months after the
revocation of emergency. UPSCPREP.COM
Duration
● Legislative Council
○ Like Rajya Sabha, the legislative council is a continuing chamber
(permanent body) → not subject to dissolution.
○ One-third of its members retire on the expiration of every second year.
○ So, a member continues as such for six years.
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Qualifications - Disqualification
Largely Similar to Parliament - Refer M Laxmikanth → Few differences are there
(between Parliament and State legislature) - locate them !
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Presiding Officers
Speaker of Assembly
● Elected by the assembly itself from amongst its members.

● Powers and duties:
○ Maintains order and decorum in the assembly for conducting its
business and regulating its proceedings.
○ Final interpreter of the provisions of (a) the Constitution of India, (b) the
rules of procedure and conduct of business of assembly, and (c) the
legislative precedents, within the assembly.
○ He/she adjourns assembly or suspends meeting in absence of a
quorum.
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Presiding Officers
Speaker of Assembly
● Powers and duties:

○ Can allow a ‘secret’ sitting of House at request of the leader of the House.
○ Decides whether a bill is a Money Bill or not and his/her decision on this
question is final.
○ Decides the questions of disqualification on the ground of defection
(Tenth Schedule)
○ Appoints chairman of all committees of assembly & supervises their
functioning. Speaker is chairman of the Business Advisory Committee,
the Rules Committee and the General Purpose Committee.
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Presiding Officers
Deputy Speaker of Assembly and Panel of Chairman
● Elected by the assembly itself from amongst its members.

● Like the Speaker, the Deputy Speaker remains in office usually during the life
of the assembly.
○ Performs the duties of the Speaker’s office when it is vacant or speaker is
absent
● Speaker nominates from amongst the members a panel of chairman. Any
one of them can preside over the assembly in the absence of the Speaker or
the Deputy Speaker
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Presiding Officers
Chairman of Council
● Elected by the council itself from amongst its members. (Note, In case of RS,
Vice-President is ex-officio chairman
● Powers and functions of the Chairman are similar to those of Speaker in the
assembly.
○ However, the Speaker has one special power → To decide Money Bill
● The salaries and allowances of the Speaker/Deputy Speaker of the assembly
and Chairman/Deputy Chairman of the council→ fixed by the state
legislature(Charged on the Consolidated Fund of State)
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Presiding Officers
Deputy Chairman of Council
● Like the Chairman, Deputy Chairman is also elected by the council itself from
amongst its members.
● Performs the duties of the Chairman’s office when it is vacant or when
Chairman is Absent
● Chairman nominates from amongst the members a panel of vice-chairman.

Any one of them can preside over the council in the absence of the Chairman
or the Deputy Chairman.
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Sessions of State Legislature
● Summoning (by Governor)
○ Maximum gap between the two sessions of state legislature cannot be
more than six months→State legislature should meet at least twice a
year.
● Adjournment
○ Suspends the work in a sitting for a specified time (hours/days/weeks)
● Adjournment sine die → terminating a sitting of the state legislature for an
indefinite period. (power of the adjournment/adjournment sine die lies with
the presiding officer of House)
● Prorogation→ terminates a session of the House.
○ Issued by Governor UPSCPREP.COM
● Dissolution:
○ Only legislative assembly is subject to dissolution. Unlike a prorogation, a
dissolution ends life of the existing House. (LC- Permanent Chamber)
● Quorum
○ Minimum number of members required to be present to transact any
business → It is 10 members or one-tenth of the total members
(including the presiding officer), whichever is greater.
● Voting in House
○ All matters at any sitting of either House are decided by a majority of
votes - Simple or special majority
○ Presiding officer - no vote in first instance (only casting vote)
● Language of State Legislature
○ Constitution - declared the official language(s) of the state or Hindi or
English, to be the languages for transacting business in the state
legislature.
○ However, the presiding officer can permit a member to address the
House in his mother-tongue.
● Rights of Ministers and Advocate General
○ In addition to the members of a House, every minister and the advocate
general of the state have the right to speak and take part in the
proceedings of either House or any of its committees they are part of
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Legislative Procedure in State Legislature
Ordinary Bills
● Bill in the Originating House

○ Can originate in either House of the state legislature (in case of a
bicameral legislature).
○ Can be introduced either by a minister or by any other member.
○ Three stages in the originating House, viz,
1. First reading,
2. Second reading, and
3. Third reading.
○ After bill is passed by the originating House, it is transmitted to 2nd House
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Ordinary Bills
● Bill in the Second House

○ Here also, the bill passes through all three stages, i.e, first reading,
second reading and third reading.
● When bill is passed by legislative assembly and transmitted to the legislative
council, the latter has four alternatives before it:
○ it may pass the bill as sent by the assembly (i.e., without amendments);
○ it may pass the bill with amendments & return it to for reconsideration;
○ it may reject the bill altogether; and
○ it may not take any action and thus keep the bill pending
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Ordinary Bills
● If council passes bill w/o amendments or assembly accepts amendments by

council → Bill is deemed be passed by both Houses → sent to Governor
● If the assembly rejects the amendments suggested by council or the council
rejects the bill altogether or the council does not take any action for three
months → the assembly may pass the bill again and transmit the same to
the council→If the council rejects the bill again or passes the bill with
amendments not acceptable to the assembly or does not pass the bill within
1 month → Bill is deemed to have been passed by both the Houses in the form
in which it was passed by the assembly for the second time.
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Ordinary Bills
● When a bill, which has originated in the council and was sent to the assembly,
is rejected by the assembly, the bill ends and becomes dead.
● No provision of Joint sitting in states (ultimate power of passing an ordinary
bill is vested in the assembly)
● Note: In case of a unicameral legislature, a bill passed by the legislative
assembly is sent directly to the governor for his assent.
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Ordinary Bills
● Assent of Governor
○ There are four alternatives before the governor:
○ May give his assent to the bill;
○ May withhold his assent to the bill;
○ May return the bill for reconsideration of the House (only once
-suspensive veto); and
○ May reserve the bill for the consideration of the President
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Ordinary Bills
● Assent of President
○ When a bill is reserved consideration of the President→ President may
either give assent or withhold assent or return the bill for reconsideration
→ When a bill is so returned, the House have to reconsider it within a
period of six months.
○ Bill is presented again to the presidential assent after it is passed by the
House with or without amendments→ It is not mentioned in the
Constitution whether it is obligatory on the part of the president to give
his assent to such a bill or not.
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Money Bills
● Introduced in legislative assembly ONLY (on recommendation of governor)

● ONLY Government Bill
● After passed by legislative assembly→ transmitted to the legislative council
● LC - restricted powers w.r.t Money Bill → cannot reject/amend Money Bill (can
only make recommendations– which can be accepted/rejected by
assembly)
● LC must return the bill within 14 days.
● Governor- may either give/withhold assent or reserve the bill for presidential
assent (but cannot return the bill for reconsideration)
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The Third Tier
Panchayati Raj | 73rd Amendment
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Evolution of PRIs
● Balwant Rai Mehta Committee (1957)
○ To examine the working & suggest measures to improve the Community
Development Programme (1952) and National Extension Service (1953)
○ It recommended → ‘democratic decentralisation’, came to be known as →
Panchayati Raj (with 3 tiers)
● Rajasthan was the first state to establish Panchayati Raj (1959)
● Most states created PRIs by mid 1960s
○ But, there were differences from one state to another (eg. number of tiers, tenure,
composition, functions, finances, etc.)
● Ashok Mehta Committee (1977) - Gave Recommendations to revive &
strengthen the declining panchayati raj system → no action could be taken
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due to fall of Janata Party govt.
Evolution of PRIs
● GVK Rao Committee (1985) → to review the existing Administrative
Arrangements for Rural Development and Poverty Alleviation Programmes
○ came to conclusion that the developmental process was gradually
bureaucratised and divorced from the Panchayati Raj.
● L M Singhvi Committee (1986) → to prepare a concept paper on
‘Revitalisation of Panchayati Raj Institutions for Democracy and Development’
● Thungon Committee (1988) → to examine the political and administrative
structure in the district for the purpose of district planning.
● Gadgil Committee (1988) → This committee was asked to consider the
question of “how best Panchayati Raj institutions could be made effective”.
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Evolution of PRIs – Constitutionalisation
● Rajiv Gandhi Government
○ Introduced 64th Constitutional Amendment Bill in Lok Sabha (1989) to
constitutionalise PRIs. Lok Sabha passed bill → BUT not approved by RS
● V.P. Singh Government
○ Constitutional amendment bill introduced in the Lok Sabha in September
1990. However, the fall of the government resulted in the lapse of the bill.
● Narasimha Rao Government
○ It drastically modified proposals in PRIs Bill→ deleted controversial
aspects → introduced a constitutional amendment bill in Lok Sabha
(1991)
● This bill finally emerged as the 73rd Constitutional Amendment Act, 1992 and
73rd Amendment Act, 1992
● Significance:
○ It gives a constitutional status to the PRIs → state governments are under
constitutional obligation to adopt the new panchayati raj system in
accordance with the provisions of the act.
○ Added a new Part-IX to the Constitution (entitled as ‘The Panchayats’) →
consists of provisions from Articles 243 to 243 O.
○ It also added a new 11th Schedule to the Constitution. This schedule
contains 29 functional items of the panchayats. It deals with Article
243-G.
○ It gave practical shape to Article 40 of the Constitution
○ It transfers the representative democracy into participatory democracy
UPSCPREP.COM
73rd Amendment Act, 1992 - Salient Features
● Gram Sabha-
○ Village assembly of all registered voters in area of a panchayat.
○ It may exercise such powers and perform such functions at as the
legislature of a state determines.
● Three-Tier System
○ Act provides for a three-tier system of panchayati raj in every state (at
the village, intermediate, and district levels)
○ Uniform structure of panchayati raj throughout the country
○ Exception- state having a population less than 20 lakh may not
constitute panchayats at the intermediate level.
UPSCPREP.COM
● Election of Members and Chairpersons
○ Direct election of members at all three levels
○ Chairperson of panchayats at the intermediate and district levels→
elected indirectly by and from amongst the elected members thereof.
○ Chairperson of a panchayat at the village level → elected in such
manner as the state legislature determines.
○ Chairperson and other members have the right to vote in the meetings
of the panchayats.
UPSCPREP.COM
● Reservation of Seats
○ To SC/STs → in proportion of their population (at all three levels)
■ State legislature provide for reservation of offices of chairperson for
the SCs and STs.
○ Reservation of not less than one-third of the seats for women (including
the number of seats reserved for women belonging the SCs and STs).
■ Further, not less than one-third of the offices of chairpersons in the
panchayats at each level shall be reserved for women.
○ The act also authorises State legislature- to make provision for
reservation of seats in favour of backward classes.
UPSCPREP.COM
● Duration of Panchayats
○ Five-year term - at every level. Can be dissolved Earlier
○ Fresh elections to constitute a panchayat shall be completed
■ before the expiry of its duration of five years; or
■ in case of dissolution- within 6 months from the date of dissolution
○ But, where the remainder of the period (for which the dissolved
panchayat would have continued) is less than six months→ no need to
hold any election
○ Panchayat constituted upon dissolution continue only for the remainder
of the period. I.e. panchayat reconstituted after premature dissolution
does not enjoy the full period of five years
● Disqualifications
○ if s/he is disqualified
■ under any law for the time being in force for the purpose of elections
to the legislature of the state concerned, or
■ under any law made by the state legislature.
○ However, no person shall be disqualified on the ground that he is less
than 25 years of age if he has attained the age of 21 years.
○ All questions of disqualifications shall be referred to such authority as the
state legislature determines.
UPSCPREP.COM
● State Election Commision
○ The superintendence, direction and control of the preparation of
electoral rolls and the conduct of all elections to the panchayats shall be
vested in the state election commission.
○ It consists of- state election commissioner (appointed by - governor)
■ Conditions of service & tenure -also determined by governor.
■ Shall not be removed from office except in the manner & on the
grounds prescribed for the removal of a judge of the state HC
■ Conditions of service - not to be varied to his/her disadvantage
○ The state legislature may make provision w.r.t all matters relating to
elections to panchayats. UPSCPREP.COM
● Powers and Functions
○ State legislature may endow the Panchayats with such powers and
authority as may be necessary to enable them to function as institutions
of self-government.
■ Preparation of plans for economic development and social justice;
■ Implementation of schemes for economic development and social
justice as may be entrusted to them, including those in relation to
the 29 matters listed in the Eleventh Schedule.
UPSCPREP.COM
● Finances
○ The state legislature may -
■ authorise a panchayat to levy, collect and appropriate taxes, duties,
tolls and fees;
■ assign to a panchayat taxes, duties, tolls and fees levied and
collected by the state government;
■ provide for making grants-in-aid to the panchayats from the
consolidated fund of the state; and
■ provide for constitution of funds for crediting all moneys of the
panchayats.
UPSCPREP.COM
● Finance Commission
○ Governor of a state shall constitute a finance commission to review the
financial position of the panchayats (after every 5 years).
○ It recommends
■ Distribution between the state and the panchayats of the net proceeds
of the taxes, duties, tolls and fees levied by the state and allocation of
shares amongst the panchayats at all levels.
■ Determination of taxes/duties/tolls that may be assigned to panchayats.
■ The grants-in-aid to panchayats from consolidated fund of the state.
■ Measures needed to improve financial position of the panchayats.
■ Any other matter referred to it by governor in interests of sound finance
UPSCPREP.COM
of panchayats.
● Application to Union Territories
○ Provisions of this Part are applicable to the UTs. But, the President may direct
that they would apply to a UT subject to such exceptions and modifications as
he may specify.
● Exempted States and Areas
○ The act does not apply to the states of Nagaland, Meghalaya and Mizoram
and certain other areas.
○ These areas include, (a) scheduled areas and tribal areas in the states; (b)
the hill areas of Manipur for which district councils exist; and (c) Darjeeling
district of West Bengal for which Darjeeling Gorkha Hill Council exists.
○ Parliament may extend to these areas (PESA- discussed later!)
UPSCPREP.COM
● Majority of states passed the panchayati raj acts in 1993 and 1994 to adopt the
new system in accordance with the 73rd Constitutional Amendment Act of 1992.
● Bar to Interference by Courts in Electoral Matters
○ The act bars interference by courts in the electoral matters of panchayats.
○ No election to any panchayat is to be questioned except by an election
petition presented to such authority and in such manner as provided by the
state legislature.
UPSCPREP.COM
● 11th Schedule - Contains 29 subjects
1. Agriculture, including agricultural extension 15. Non-conventional energy sources
2. Land improvement, implementation of land 16. Poverty alleviation programme
reforms, land consolidation & soil conservation 17. Education, including primary & secondary
3. Minor irrigation, water management and schools
watershed development 18. Technical training and vocational education
4. Animal husbandry, dairying and poultry 19. Adult and non-formal education
5. Fisheries 20. Libraries
6. Social forestry and farm forestry 21. Cultural activities
7. Minor forest produce 22. Markets and fairs
8. Small-scale industries, including food 23. Health and sanitation including hospitals,
processing industries primary health centres and dispensaries
9. Khadi, village and cottage industries 24. Family welfare
10. Rural housing 25. Women and child development
11. Drinking water 26. Social welfare, including welfare of
12. Fuel and fodder handicapped and mentally retarded
13. Roads, culverts, bridges, ferries, waterways and 27. Welfare of the weaker sections, and in
other means of communication particular, of the SCs and STs
14. Rural electrification, including distribution of 28. Public distribution system
electricity 29. Maintenance of community assets.
UPSCPREP.COM
73rd Amendment Act, 1992 - Compulsory Provisions
● Organisation of Gram Sabha
● Establishment of panchayats at the village, intermediate and district levels.
● Direct elections to all seats in panchayats at all three levels.
● Indirect elections to post of chairperson at intermediate & district levels.
● Voting rights of the chairperson and other members of a panchayat
● 21 years to be the minimum age for contesting elections to panchayats.
● Reservation (members and chairpersons) - SCs & STs at all the three levels.
● Reservation of one-third seats (both members and chairpersons) for women
in panchayats at all the three levels.
UPSCPREP.COM
73rd Amendment Act, 1992 - Compulsory Provisions
● Tenure of five years at all levels and fresh elections within 6 months in the
event of supersession of any panchayat.
● Establishment of a State Election Commission for conducting elections to the
panchayats.
● Constitution of a State Finance Commission after every five years to review
the financial position of the panchayats.
UPSCPREP.COM
73rd Amendment Act, 1992 - Voluntary Provisions
● Endowing the Gram Sabha with powers and functions at the village level.
● Manner of election of the chairperson of the village panchayat.
● Giving representation to the chairpersons of the village panchayats in the
intermediate panchayats or district panchayats.
● Giving representation to the chairpersons of the intermediate panchayats in
the district panchayats.
● Giving representation to members of the Parliament (both the Houses) and
the state legislature (both the Houses) in the panchayats at different levels
falling within their constituencies.
● Providing reservation of seats (both members and chairpersons) for
backward classes in panchayats
UPSCPREP.COM
73rd Amendment Act, 1992 - Voluntary Provisions
● Granting powers and authority to the panchayats to enable them to function
as institutions of self-government (in brief, making them autonomous
bodies).
● Devolution of powers and responsibilities upon panchayats to prepare plans
for economic development and social justice; and to perform some or all of
the 29 functions listed in the Eleventh Schedule of the Constitution.
● Granting financial powers to the panchayats, that is, authorizing them to levy,
collect and appropriate taxes, duties, tolls and fees.
● Assigning to a panchayat taxes/duties/tolls and fees levied & collected by
state government.
● Making the grants-in-aid to panchayats from consolidated fund of the state.
PESA Act of 1996
● The provisions of Part IX - not applicable to the Fifth Schedule areas.
● However, the Parliament may extend these provisions to such areas
○ Parliament has enacted the “Provisions of the Panchayats (Extension to
the Scheduled Areas) Act”, 1996, popularly known as the PESA Act or the
Extension Act.
UPSCPREP.COM
PESA Act of 1996
● Objectives:
○ To extend provisions of Part IX to scheduled areas with certain
modifications
○ To provide self-rule for the bulk of the tribal population
○ To have village governance with participatory democracy and to make
the gram sabha a nucleus of all activities
○ To evolve a suitable administrative framework consistent with traditional
practices
○ To safeguard and to preserve traditions and customs of tribals
○ To empower panchayats at the appropriate levels with specific powers
conducive to tribal requirements
○ To prevent panchayats at the higher level from assuming the powers
and authority of panchayats at the lower level of the gram sabha
UPSCPREP.COM
Finances of PRIs
● Sources of funding
○ Grants from the Union Government based on recommendations of the
Central Finance Commission as Article 280 of the Constitution.
○ Devolution from the State Government based on recommendations of
the State Finance Commission as per Art 243-I.
○ Loans / grants from the State Government.
○ Programme-specific allocation under Centrally Sponsored Schemes and
Additional Central Assistance.
○ Internal Resource Generation (tax and non-tax).
UPSCPREP.COM
Finances of PRIs
● Issues in Finance
○ Internal resource generation at the Panchayat level is weak.
○ heavily dependent on grants from Union State Governments.
○ Majority of funding is tied (scheme specific) → less flexibility
○ State Governments not keen to devolve funds to Panchayats.
○ State Panchayati Raj Acts have given most of taxation powers to Village
Panchayats. The revenue domain of the intermediate and District
Panchayats - much smaller - confined to secondary areas like ferry
services, markets, water and conservancy services, registration of
vehicles, cess on stamp duty, etc.
UPSCPREP.COM
Reasons for Ineffective Performance of PRIs
● Lack of adequate devolution: Many States have not taken adequate steps to
devolve 3Fs (i.e., functions, funds and functionaries) to the PRIs
● Excessive control by bureaucracy:
● Tied nature of funds
● Overwhelming dependency on government funding
● Reluctance to use fiscal powers: Very few Panchayats use their fiscal power to levy
& collect taxes.
● Status of the Gram Sabha: States have not spelt the powers of Gram Sabhas
● Creation of Parallel Bodies
● Poor Infrastructure
● Elected representatives of PRIs are semi- literate or literate and know little about
their roles & responsibilities, programmes, procedures, systems UPSCPREP.COM
That’s it for Today!
UPSCPREP.COM

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Temple of Democracy

● Hindi and English (As per Constitution)

1. Substantive Motion: Self-contained independent proposal dealing with a very

a. Stage of General Discussion

Alternatives before the president:

1. The imposition, abolition, remission, alteration or regulation of any tax;

○ on the recommendation of the president

● When money bill is transmitted to RS → Speaker endorses it as a money bill.

○ It cannot reject/amend a money bill→ can only make the recommendations.

○ It must return the bill to LS within 14 days (with/without recommendation) → if

○ LS can either accept or reject all or any of the recommendations

■ If LS accepts → bill is then deemed to have passed by both the Houses in

● President- may either give assent or withhold assent

○ cannot return the bill for reconsideration of the Houses

(Note: Money Bills are special type of Financial Bills)

● Finance Minister(FM) presents budget → ‘budget speech’.

● Only in Lok Sabha

● Constitution authorised the Parliament to establish a ‘Contingency Fund of

● Elected by the assembly itself from amongst its members.

● Powers and duties:

● Elected by the assembly itself from amongst its members.

● Chairman nominates from amongst the members a panel of vice-chairman.

● Bill in the Originating House

● Bill in the Second House

● If council passes bill w/o amendments or assembly accepts amendments by

● Introduced in legislative assembly ONLY (on recommendation of governor)

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