UPSC COURSE

VIDEO- 59

POLITY

PARLIAMENT

PART 2
 Vacating of Seats of Parliament
1. Double Membership

(a) If a person is elected to both the Houses of Parliament, he must intimate within 10
days in which House he desires to serve. In default of such intimation, his seat in the
Rajya Sabha becomes vacant.

(b) If a sitting member of one House is also elected to the

other House, his seat in the first House becomes vacant.

(c) If a person is elected to two seats in a House, he should exercise his option for one.
Otherwise, both seats become vacant. If a person is so elected, his seat in Parliament
becomes vacant if he does not resign his seat in the state legislature within 14 days.

(d) A person cannot be a member of both the Parliament and the state legislature at the same time. If a
person is so elected, his seat in Parliament becomes vacant if he does not resign his seat in the state
legislature within 14 days.
2. Disqualification
A member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his
seat becomes vacant.

3. Resignation
A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha, as
the case may be. The seat falls vacant when the resignation is accepted. However, the
Chairman/Speaker may not accept the resignation if he is satisfied that it is not voluntary or genuine.

4. Absence
A House can declare the seat of a member vacant if he is absent from all its meetings for a period of
sixty days without its permission.
5. Other cases
A member has to vacate his seat in the Parliament:

(a) if his election is declared void by the court

(b) if he is expelled by the House;

Article 106 of the Constitution of India provides that the members of

either House of Parliament shall be entitled to receive salaries and
allowances as may from time to time be determined by Parliament.
Leader of the Opposition

• For a party leader to qualify to be

the Opposition Leader that party
should have won a minimum 10%
(55) of the Lok Sabha seats & 10%
(25) of the Rajya Sabha seats.

• The opposition leader qualifies to

get perks, salaries and allowances
that are the same as a Cabinet
minister under the existing rule.

Ghulam Nabi Azad

 Whip
A whip is the instruction issued by political parties to vote according to the party line in a legislature. Violation of
the party whip could lead to expulsion under the Anti Defection Act.

But usually, in case of an important vote, a whip is issued.

 Sessions of Parliament

Summoning

Article 85(1) of the Constitution empowers the President to summon each House of Parliament to meet at
such time and place as he thinks fit.

There should be not more than 6 months of gap b/w 2 sessions of the parliament, Hence the parliament
must meet atleast twice a year.
Budget
Feb – May Longest
Session

Monsoon
July – August
Session

Winter
Nov – Dec Shortest
Session

Special Convened by President on request of

session COMs
 Adjournment

A sitting can be terminated by a Adjournment.

It does not terminate the session of the house. It only terminate the sitting for a specified time, which
may be hours, days or weeks.

It is terminated by by presiding officer of the house.

Adjournment sine die

Termination of a sitting of the House without any definite date being fixed for the next sitting. The
power of adjournment and adjournment sine die lies with the presiding officer of the house.
Prorogation of the Houses

Under Article 85(2) of the Constitution, the President may from time to time prorogue Houses or
either House of Parliament.

It not only terminate the sitting but also session of the house.

Dissolution

When the term, “Dissolution of Parliament” is used, it only means the Lok Sabha, the House of the
People, the Lower House of Parliament. It is done by President

After the Lok Sabha is dissolved, elections are held to constitute the next Lok Sabha
Summary

• Adjournment – terminates a sitting.

• Prorogation – terminates a session.
• Dissolution – terminates the life of a House.
When Does a Bill Lapse in Indian Parliament?
Please remember that only the Lok Sabha and the Legislative Assemblies are subject to dissolution
(and there is no dissolution for Rajya Sabha and State Legislative Council).

When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices,
petitions and so on pending before it or its committees lapse.

Cases when a bill lapse:

1. A bill originated in the Lok Sabha but pending in the Lok Sabha – lapses.

2. A bill originated and passed by the Rajya Sabha but pending in Lok Sabha – lapses.

3. A bill originated and passed by the Lok Sabha but pending in the Rajya Sabha – lapses.
Cases when a bill does
not lapse:
• A bill pending in the Rajya Sabha but not passed by
the Lok Sabha does not lapse.

• 2.If the president has notified the holding of a joint

sitting before the dissolution of Lok Sabha, does not
lapse.

• 3.A bill passed by both Houses but pending assent of

the president does not lapse.

• 4.A bill passed by both Houses but returned by the

president for reconsideration of Rajya Sabha does
not lapse.
Quorum

• The minimum no. of members of the

House of parliament required to be present
for a proceeding to start is called Quorum.

• It is 1/10th of the total membership of

the House.

• The Presiding Officer has power to

prorogue a sitting in case of absence of
quorum or suspend the sitting until there is
quorum. For the Lok Sabha, the Quorum is
55 and for the Rajya Sabha, it is 25
 Devices of Parliamentary Proceedings
Question Hour (11AM – 12 Noon) It is mentioned in the Rules of Procedure of the House.

1st hour of business

During this time, the members ask questions and the ministers usually give answer

Starred questions (they are always distinguished by an asterisk. )

•Starred questions are one of whom a member desires an oral answer.

•Answer to such question may be followed by supplementary questions by other members

 Unstarred questions

An Unstarred Question is one to which written answer is desired by the member and is deemed to be laid on
the Table of the House by Minister.

Thus it is not called for oral answer in the House and no supplementary question can be asked thereon.

Short Notice Questions:

A member may give a notice of question on a matter of public importance and of urgent character for oral answer at a
notice less than 10 days prescribed as the minimum period of notice for asking a question in ordinary course.

Such a question is known as ‘Short Notice Question’.

Zero Hour (12 – 1 PM)

This is about 12 noon, which is why it is called Zero Hour. During this hour members can raise matters of
great importance without prior 10 days notice.

The Zero Hour denotes the time immediately following the Question Hour in both Houses of Parliament

The idea behind zero hour is that there are certain matters of urgent public
importance which cannot wait for 10 days notice.
What is the Difference Between a Motion and a Resolution?
All motions are not put to vote in the house, whereas resolutions are required to be voted upon. Resolutions are the
part of the motion only i.e voted part of motion is known as resolutions.

Motions in Parliament
Basically a proposal brought before the house for expressing the opinion to the house during general public
importance . House express there opinion by accepting or rejecting the motions.
 Types of Motions in Parliament (3 principal category)

Substantive Motions: A substantive motion is a self-contained independent proposal submitted for the
approval of the House. Example- Impeachment of president , removal of cec etc.

Substitute Motions: Motions moved in substitution of the original motion

Subsidiary Motions: Replace the provision of pending orginal motion.

 Types of Motions in Parliament

Privilege Motion

Moved by a member, if in his opinion, any minister/ any

member commits a breach of privilege of the house by
withholding any fact or by giving distorted version of facts

Adjournment Motion (only in LS)

Setting aside normal business of the house for discussing a matter of urgent public importance. Minimum need support
of 50 Members.
 Calling attention motion
Calls the attention of ministries on matter of urgent public importance & seek statement from him.

Difference between Censure Motion and Motion of No Confidence

Censure Motion (Only in LS) No confidence Motion (Only in LS)

The council of ministers need not resign from the office if censure motion is
passed in the Lok Sabha while in case of motion of no confidence, the council
of minister must resign from office if the motion is passed.
Confidence Motion (Only in LS)

• Process is similar to no confidence motion except it is moved by the gov.

itself to prove & ensure confidence of LS

• If this motion is defeated, COMs is bound to resign

Motion of Thanks in Indian Parliament

• Motion of Thanks is a motion

in Indian Parliament which
follows the address of the
President of India to the joint
sitting of Lok Sabha andRajya
Sabha at the commencement
of first session of a new Lok
Sabha and first session of
every year.
 President’s address is the speech delivered by the President of India to both Houses of Parliament assembled
together at the commencement of the first session after each general election to Lok Sabha and at the
commencement of the first session of each year.

The president highlights legislative and policy activities of the government, achievements of the previous year and
broad agenda of the upcoming year.

The deliberations allow the opposition to critically discuss the government’s vision, scope and policies. At the end of
these discussions, the Prime Minister gives replies to the points or questions raised.

This address is followed by a Motion of Thanks, which is

moved in each house. If the motion defeated in lok
sabha government will fall down.