Articles 79 to 122 in Part V of the

Constitution

Parliament Part V Generally talks about The

Union (A.52-A151)

Article 79: Parliament of India
consists of three parts viz, the
President, the Council of
States and the House of the
People.
In 1954, the Hindi names ‘Rajya
Sabha’ and ‘Lok Sabha’ were
adopted by the Council of States
and the House of People
respectively.
President of India is not a member of
either House of Parliament and does not
sit in the Parliament to attend its
meetings, he is an integral part of the
Parliament. This is because a bill passed
by both the Houses of Parliament cannot
become law without the President’s
assent.

The parliamentary form of The presidential form of

government emphasizes on the
interdependence between the
legislative and executive organs.
Hence, we have the ‘President-
in-Parliament’ like the ‘Crown-
in- Parliament’ in Britain.
government, on the other hand,
lays stress on the separation of
legislative and executive organs.
Hence, the American president is
not regarded as a constituent
part of the Congress.
 Maximum 250
Strength

ARTICLE 80: <=238 representatives from

various states+ 12
Composition of Rajya Sabha Nominated members.

The Fourth Schedule of the Constitution Present 245 (225 members from
deals with the allocation of seats in the Strength states+3 from DL + 1 from
Rajya Sabha to the states and union PUD+ 4 from J&K+ 12
territories. nominated)
 The representatives of states in the Rajya Sabha are elected by
the elected members of state legislative assemblies.

The election is held in accordance with the system of

proportional representation by means of the single
transferable vote.
The seats are allotted to the states in the Rajya Sabha on the
basis of population. Hence, the number of representatives
Article 80 varies from state to state.

For example, Uttar Pradesh has 31 members while Tripura has

1 member only.

However, in USA, all states are given equal representation in

the Senate irrespective of their population. USA has 50 states
and the Senate has 100 members–2 from each state.
The president nominates 12 members to the Rajya Sabha from
people who have special knowledge or practical experience in
art, literature, science and social service
 Art 81: Composition of Lok Sabha
Representative of States 530 The maximum strength of the Lok
Sabha is fixed at 552.
Union Territories 20
(13:
7D; 1UT
each) Article 366(2) of the Constitution Of
India states: “An Anglo-Indian means a
Anglo Indians** 2 person whose father or any of whose
other male progenitors in the male line
Present strength is 543 is or was of European descent but who
is domiciled within the territory of India
and is or was born within such territory
One Hundred and Twenty-sixth of parents habitually resident therein
Amendment) Bill, 2019 has ended this and not established there for
nomination quota for Anglo Indians. temporary purposes only
 81: Composition of the House of the People
(1) Subject to the provisions of Article 331 the House of the People shall consist of
(a) not more than five hundred and thirty members chosen by direct election from
territorial constituencies in the States, and
(b) not more than twenty members to represent the Union territories, chosen in such
manner as parliament may by law provide
(2) For the purposes of sub clause (a) of clause ( 1 ) (a) there shall be allotted to each State
a number of seats in the House of the People in such manner that the ratio between that
number and the population of the State is, so far as practicable, the same for all States;
and(b) each State shall be divided into territorial constituencies in such manner that the
ratio between the population of each constituency and the number of seats allotted to it is,
so far as practicable, the same throughout the State: Provided that the provisions of sub
clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the
House of the People to any State so long as the population of that State does not exceed six
millions
81: Composition of the House of the People
(3) In this article, the expression population means the population as
ascertained at the last preceding census of which the relevant figures
have been published: Provided that the reference in this clause to the
last preceding census of which the relevant figures have been published
shall, until the relevant figures for the first census taken after the year
2026 have been published, be construed:
• as a reference to the 1971 census
After every census, a readjustment is to be made in
a) allocation of seats in the Lok Sabha to the states, and
b) division of each state into territorial constituencies.
This is done on the basis of recommendation of Delimitations Commission.

The 42nd Amendment Act of 1976 froze the allocation of seats in the Lok Sabha to
the states and the division of each state into territorial constituencies till the year
2000 at the 1971 level.
This ban on readjustment was extended for another 25 years (i.e. up to 2026) by
the 84th Amendment Act of 2001, with the same objective of encouraging
population limiting measures.
Later, the 87th Amendment Act of 2003 provided for the delimitation of
constituencies on the basis of 2001 census and not 1991 census. However, this can
be done without altering the number of seats allotted to each state in the Lok
Sabha.
 Article 83: Duration of both the houses
Rajya Sabha: Permanent House, never dissolved. Each member has term of 6 years
individually, but 1/3rd of members retire every 2nd year.
Presidential nomination occurs at beginning of every 3rd year.
The six years term has not been fixed by constitution rather the Representation of People’s
Act 1951.
Lok Sabha:
 Term of 5 years.
 President can dissolve it even before the expiry of 5 years (Early elections)
 Effect of emergency: the term of the Lok Sabha can be extended during the period of
national emergency be 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.
 Proclamation of emergency refers to National emergency and using this provision, the
tenure of the 5th Lok Sabha 1971 was extended twice.
Article 84: Qualifications Constitutional Under RoPA

1. He must be a citizen of Should not hold guilty of certain election offences or

India. office of profit corrupt practices in the elections
2. He must be not less than Should not be of convicted for any offence resulting in
30 years of age in the case imprisonment for two or more years
of the Rajya Sabha and unsound mind
not less than 25 years of Should not be failed to lodge an account of his election
age in the case of the Lok Undischarged insolvent expenses within the time
Sabha.
Not have acquired must not have been dismissed from
3. He must posses other citizenship on any other government service for corruption or
qualifications prescribed country disloyalty to the State
by Parliament. (Ex RPA
1950,1951) convicted for promoting enmity between
different groups or for the offence of bribery
director or managing agent nor hold an
Article 102: Disqualification=> office of profit in a corporation in which the
government has at least 25 per cent share
Office Of Profit
 may hamper their working as a legislative member.
 With lucrative government positions comes various powers and privileges
which the appointed MP would enjoy. Thus compromise with the MP's
duty to fairly question the government on important public issues and
thereby hold the government accountable.
 However, for the purpose of clause ( 1) of Article 102, a person shall not be
deemed to hold an office of profit under the government of India or the
government of any state by reason only that he is a minister either for the
Union or for such state.
 Also Parliament (Prevention of Disqualification) Act, 1959 gives the list of
positions exempted under the office of profit clause.
 2005 controversy:
 Jaya Bachchan and Uttar Pradesh Film Development Corporation (UPFDC)
(not included in Parliament (Prevention of Disqualification) Act, 1959)
 Various were holding including the then speaker Somanath Chatterjee.
 2006: Office of Profit (Amendment) Bill was passed which was seeking to
amend the Parliament (Prevention of Disqualification) Act, 1959 and include
all the positions held by MPs under this Act with retrospective effect. This
made the MPs already holding office of profit before the enactment of this
amendment immune from disqualification.
 But Dr. APJ Abdul Kalam in this bill took a high moral ground and used a
suspensive veto.
SC definition of Office of Profit
 Government has the power to appoint and remove from that
particular office
 It involves a remuneration
 It comes with some financial and administrative powers
 Even if one norm is satisfied, it's an office of profit
Article 93: The speaker and deputy
speaker of the house of the people
 The House of the People shall , as soon as may be, choose two members of the
House to be respectively Speaker and Deputy Speaker thereof and , so often as
the office of Speaker or Deputy Speaker
 becomes va cant, the House s h a l l choose a n other mem ber to be Spea ke r o
r D e p uty S p e a ker, a s thecase may be.

 Note: The position of S p e a ker and D e p uty S p e a ker were created by the
Government of India Act, 1919. In those d ays the Spea ke r a n d D e p uty S p e
a ker we re refe rred to as the Pres i d e nt a n d the Vice President res pective ly.
 Why Speaker term?
 Date of his election is fixed by President
Speaker and Deputy speaker
 As per convention , since the 11th Lok Sabha, the position of the
Deputy Speaker generally goes to the opposition party.
 The Deputy Speaker enjoys a unique privilege that, whenever he
becomes a member of any Parliamentary committee, he
automatically becomes the chairperson of that committee.
 Article 94: Vacation and resignation of and removal from
the office of Speaker and D. Speaker
A member holding office as Speaker or Deputy Speaker of the House of the People —
(a) shall vacate his office if he ceases to be a member of the House of the People;
(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to
the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his

office; and
(c) may be removed from his office by a resolution of the House of the People passed by a
majority of all the then members of the House:
Provided that no resolution for the purpose of clause (c) shall be moved unless at least
fourteen days' notice has been given of the intention to move the resolution: Provided
further that, whenever the House of the People is dissolved, the Speaker shall not vacate
his office until immediately before the first meeting of the House of the People after the
dissolution.
* No grounds have been mentioned in the constitution for the removal of the Speaker
and Deputy speaker
Article 95: Power of the Deputy Speaker or other person to
perform the duties of the office of, or to act as, Speaker.

1) While the office of Speaker is vacant, the duties of the office shall be performed
by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such
member of the House of the People as the President may appoint for the
purpose.

2) During the absence of the Speaker from any sitting of the House of the People
the Deputy Speaker or, if he is also absent, such person as may be determined
by the rules of procedure of the House, or, if no such person is present, such
other person as may be determined by the House, shall act as Speaker.
Speaker
Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, after its first sitting.)
(Protem Speaker)
Functions:
 The Speaker is the head of the Lok Sabha, and its representative.
 He is the guardian of powers and privileges of the members, the House as a whole and its committees.
 maintains order and decorum in the House for conducting its business and regulating its proceedings.
 adjourns the House or suspends the meeting in absence of a quorum.
 does not vote in the first instance. But he can exercise a casting vote in the case of a tie. (Article 100) But
not during his removal procedure(Article 96)
 He presides over a joint setting of the two Houses of Parliament.
 Final power: Money bill ex Aadhaar bill
 Decided all cases under ADL
 Decides who should hold the floor and time to be allotted to items on agenda
 Power to expunge objectionable remarks from the record of House
 can allow a ‘secret’ sitting of the House at the request of the Leader of the House. When
the House sits in secret, no stranger can be present in the chamber, lobby or galleries
except with the permission of the Speaker
 acts as the ex-officio chairman of the Indian Parliamentary Group which is a link
between the Parliament of India and the various parliaments of the world.
 appoints the chairman of all the parliamentary committees of the Lok Sabha and
supervises their functioning.
 He is the chairman of the Business Advisory Committee, the Rules Committee and the
General Purpose Committee.
Independence of the Speaker
 He is provided with a security of tenure. He can be removed only by a resolution
passed by the Lok Sabha by a special majority (ie, a majority of all the then members
of the House) [effective majority] This motion of removal can be considered and
discussed only when it has the support of at least 50 members.
 Casting vote: not allowed to speak or give his opinion
 Exemption under ADL
 Cannot be questioned in any court of law: Article 122(2)
 Salaries, allowances as charged expenditure
 7th rank In the table of precedence
 Dissociate from the day to day politics
 his conduct cannot be discussed in the house exept on a motion for his removal
Article 100(3): Quorum
 One tenth
 For states under art 189 and for them atleast 10 members or one
tenth whichever is greater
Voting procedure in Parliament
 Voice note: Aye and nay; informal voting
 Division: formal voting
 Automated vote recording equipment
 Distribution of slips or ballot papers
 Head count
 Go to lobbies
Vacancy of seat of MP
 Death
 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.
 Disqualification under ADL
 Absent for more than 60 days without taking permission of the house
 Dual membership
 A person cannot be a member of both Houses of Parliament at
the same time. Thus, the Representation of People Act (1951)
provides for the following:
(a) If a person is elected to both the
Houses of Parliament, he must intimate
(b) If a sitting member of one House is
within 10 days in which House he desires
also elected to the other House, his seat
to serve. In default of such intimation,
in the first House becomes vacant.
his seat in the Rajya Sabha becomes
vacant.

A person cannot be a member of

both the Parliament and the state
(c) If a person is elected to two seats in a
legislature at the same time. If a
House, he should exercise his option for
person is so elected, his seat in
one. Otherwise, both seats become
Parliament becomes vacant if he
vacant.
does not resign his seat in the state
legislature within 14 days.
Salaries:
Members of either House of Parliament are entitled to receive
such salaries and allowances as may be determined by
Parliament, and there is no provision of pension in the
Constitution. However, Parliament has provided pension to the
members.
 Chairman of Rajya Sabha
 The vice-president of India is the ex-officio Chairman of the Rajya Sabha.
 Chairman of the Rajya Sabha can be removed from his office only if he is removed from the office
of the Vice-President.
 powers and functions of the Chairman in the Rajya Sabha are similar to those of the Speaker in the
Lok Sabha. However, the Speaker has two special powers which are not enjoyed by the Chairman:
1. The Speaker decides whether a bill is a money bill or not and his decision on this question is final.
2. The Speaker presides over a joint sitting of two Houses of Parliament.

 Vice-President cannot preside over a sitting of the Rajya Sabha as its Chairman when a resolution
for his removal is under consideration.
 However, he can be present and speak in the House and can take part in its proceedings, without
voting, even at such a time
 (while the Speaker can vote in the first instance when a resolution for his removal is under
consideration of the Lok Sabha
Leader of the House: Under the Rules of Lok Sabha, the ‘Leader of the House’
means the prime minister, if he is a member of the Lok Sabha, or a minister who is a member
of the Lok Sabha and is nominated by the prime minister to function as the Leader of the
House.
There is also a ‘Leader of the House’ in the Rajya Sabha. He is a minister and a member of
the Rajya Sabha and is nominated by the prime minister to function as such.
Leader of Opposition: The leader of the largest Opposition party having not less
than one-tenth seats of the total strength of the House is recognised as the leader of the
Opposition in that House.
 His main functions are to provide a constructive criticism of the policies of the
government and to provide an alternative government.
 Accorded statutory recognition in 1977.
 They are also entitled to the salary, allowances and other facilities equivalent to that of
a cabinet minister.
 It was in 1969 that an official leader of the opposition was recognized for the first time.
 The same functionary in USA is known as the ‘minority leader
 Whip:
 Every political party, whether ruling or Opposition has its own whip in
the Parliament.
 He is appointed by the political party to serve as an assistant floor
leader.
 Has the responsibility of ensuring the attendance of his party
members in large numbers and securing their support in favour of or
against a particular issue.
 SESSIONS OF PARLIAMENT
President can summon the session time to time upon advice of PM.
the maximum gap between two sessions of Parliament cannot be more than six months.
Usually three sessions in a year, viz,
1. the Budget Session (February to May);
2. the Monsoon Session (July to September); and
3. the Winter Session (November to December).

An adjournment suspends the work in a sitting for a specified time, which may be hours,
days or weeks.

Adjournment sine die means terminating a sitting of Parliament for an indefinite period
The presiding officer (Speaker or Chairman) declares the House.
adjourned sine die, when the business of a session is completed.

Within the next few days, the President issues a notification for
prorogation of the session. However, the President can also prorogue
the House while in session.
The dissolution of the Lok Sabha may take place in either of two ways:
1. Automatic dissolution: on the expiry of its tenure.
2. Whenever the President decides to dissolve the House, which he is
authorized to do.
Once the Lok Sabha is dissolved before the completion of its normal tenure, the
dissolution is irrevocable.

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

A bill pending in Lok Sabha Lapses

bill passed by the Lok Sabha but pending in the Rajya Sabha lapses Lapses

bill not passed by the two Houses due to disagreement and if the president Does not Lapse
has notified the holding of a joint sitting before the dissolution of Lok Sabha

bill pending in the Rajya Sabha but not passed by the Lok Does not Lapse
Sabha does not lapse

A bill passed by both Houses but pending assent of the Does not Lapse
president

bill passed by both Houses but returned by the president Does not Lapse
for reconsideration of Houses
Quorum is the minimum number of members required to be present
in the House before it can transact any business. (including the
presiding officer.)

Quorum= 1/10th of total membership of the house.

Lame-duck Session
It refers to the last session of the existing Lok Sabha, after a newLok
Sabha has been elected. Those members of the existing Lok
Sabha who could not get re-elected to the new Lok Sabha are
called lame-ducks.
 Tools of Parliamentary Proceedings

KINDS OF BILLS AND BUDGET AND ITS QUESTION DIFFERENT KINDS OF

THEIR FEATURES PROCESS HOUR/ZERO HOUR MOTIONS
Types of Bill
 Original bills  Ordinary bills
 Amendment bills  Money bills
 Expiring law continuance bills  Financial bills
 Consolidating bills  Constitution amendment bills
 Bills to replace ordinance bills
 Repealing bills
 Private member bills
 Government bills
 Ordinary

On Basis of
Money Bill
Content

Constitutiona
Bills l Amendment

Public Bill
On basis of
Source
Private Bill
Legislative Process in Parliament

Presentation of Bill

Discussion and voting

Passed to another house

Sent for Presidential Assent

Three readings of bills
 Stage 1: introduction
 To seek the leave of the house
 Also published by govt in official gazette(legally authorized document; weekly
bulletin)
 Stage 2: discussion
 General discussion
 Detailed discussion by select committees or joint committees or public
opinion
 Stage 3: voting on the bill
 if the bill is passed it goes to second house
 1. First Reading:
Ordinary Bills: Every the mover of the bill
Member has to ask
ordinary bill has to pass introduces it by
the
through the following reading its title and
five stages leave(permission) of
objectives.
the house.

The introduction of the No discussion on

bill and its publication in the bill takes
2. Second the Gazette constitute
Reading the first reading of the place at this
bill. stage.

During this stage, the bill receives not only the general but also the
detailed scrutiny and assumes its final shape. 3 sub-stages:
• General discussion
• Committee Stage
• Consideration Stage
Third Reading
• At this stage, the debate is confined to the acceptance or rejection of
the bill as a whole
• no amendments are allowed, as the general principles underlying the
bill have already been scrutinized during the stage of second reading.
• If the majority of members present and voting accept the bill, the
bill is regarded as passed by the House.

4. Bill in the Second House: There are four alternatives

before this House:
1. it may pass the bill as sent by the first house (ie, without
amendments);
2. it may pass the bill with amendments and return it to the first House
for reconsideration;
3. it may reject the bill altogether; and
4. it may not take any action and thus keep the bill pending.
If passed without Amendment: Then moves for next stage.

If Amendments Proposed by the second house: it comes back to originating house:

• It may pass with such amendments.
• It may no agree to those amendments, and if no action is taken for 6months :
Deadlock Arises, then Joint sitting may be called by the President.

5.Assent of the President There are three alternatives before the president:

(a) he may give his assent to the bill; or

(b) he may withhold his assent to the bill; or

(c) he may return the bill for reconsideration of the Houses.

 JOINT SITTING OF TWO HOUSES
Article 108
to resolve a deadlock between the two Houses over the
passage of a bill.

Deadlock occurs When:

• if the bill is rejected by the other House;
• if the Houses have finally disagreed as to the amendments to be made in the bill; or
• if more than six months have elapsed from the date of the receipt of the bill by the other House without
any actio
No account can be taken of any period during which the other House (to which the bill has been sent) is
prorogued or adjourned for more than four consecutive days

After the President notifies his intention to summon a joint sitting of the two Houses, none of the
Houses can proceed further with the bill.
• e bill being passed by it.
The Speaker of Lok Sab If the The quorum to
ha presides over a joint Deputy Speaker is also  constitute a joint
 sitting of the absent from a joint sitti sitting is one-tenth of
two Houses and the De ng the Deputy the total number of
puty Speaker Chairman of Rajya Sab members of the two
in his absence ha presides. Houses.

If the bill in dispute is passed by a majority of The joint sitting is

the total number of members of both the governed by the Rules
Houses present and voting in the joint sitting, of Procedure of Lok
(overall Simple Majority) the bill is deemed to
have been passed by both the Houses. Sabha and not of
Rajya Sabha.
that at a joint sitting, new amendments to the bill cannot be proposed except
in two cases:
1. those amendments that have caused final disagreement between the Houses;
and
2. those amendments that might have become necessary due to the delay in the
passage of the bill.
Financial Bills: Financial bills are those bills that deal with fiscal
matters, that is, revenue or expenditure.

Mone
y Bill

Financia
l Bill

Financia Financia
l Bill- I l Bill- I

. all money bills are financial bills but all financial bills are not money bills
Money Bills
Article 110 of the Constitution deals with the definition of money bills.

Bill shall be deemed to be a Money Bill if it contains only provisions dealing

with all or any of the following matters, namely
 the imposition, abolition, remission, alteration or regulation of any tax;
 the regulation of the borrowing of money or the giving of any guarantee by the Government of
India, or the amendment of the law with respect to any financial obligations undertaken or to be
undertaken by the Government of India;
 the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys
into or the withdrawal of moneys from any such Fund;
 the appropriation of moneys out of the consolidated Fund of India;
 the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or
the increasing of the amount of any such expenditure;
 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
 any matter incidental to any of the matters specified in sub clause
Special procedure for the passing of money bills in the Parliament.

money bill can only be introduced in the Lok Sabha and that too on the recommendation of
the president.

can be introduced only by a minister

Rajya Sabha has restricted powers with regard to a money bill:

 cannot reject or amend a money bill.
 It can only make the recommendations.
 It must return the bill to the Lok Sabha within 14 days, whether with or without recommendations
 Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha
 If the Rajya Sabha does not return the bill to the Lok Sabha within 14 days, the bill is deemed to have been passed
by both the Houses in the original form.

when a money bill is presented to the president, he may either give his assent to the bill or
withhold his assent to the bill but cannot return the bill for reconsideration of the Houses.
Financial Bill- I is a bill that contains not only any or all the
matters mentioned in Article 110, but also other matters of
general legislation.

Financial Bill-I = Money Bill + X

Financial Bill can only be introduced in Lok Sabha and with Prior
Recommendation of President.

Other Features like power of Rajya Sabha etc. are same as

Ordinary Bill;

Joint Sitting is also allowed.

Financial Bill- II

contains provisions involving expenditure from the

Consolidated Fund of India, but does not include any of the
matters mentioned in Article 110.

It is treated as an ordinary bill and in all respects, it is governed

by the same legislative procedure which is applicable to an
ordinary bill.

But Requires prior consideration of President.

 Process Money Bill Financial Bill- I Financial Bill Const. Ordinary Bill Bill under
Two Amendment article 3
Bill
Prior YES YES YES NO No Yes
Recommendatio
n of President

Where it Can be Lok Sabha Only Lok Sabha Only Any House Any House Any House Any House
introduced

Role of Rajya Limited (No Only Origin is Equal as Lok Equal As Lok Equal As Lok Equal As Lok
Sabha Amendments can restricted; other Sabha Sabha (Need to Sabha Sabha
be moved; cant stop Process is same be passed
more than 14 Separately by
days..etc.) both the
houses)
Joint Sitting Not Required Allowed Allowed Not Allowed Allowed Allowed

Majority Simple Simple Simple Special** Simple Simple

Required
Veto Of Can assent or Like Ordinary Bill Like Ordinary No Veto Absolute Like Ordinary Bill
President Withhold but can Bill Suspensive
not return Pocket
 Budget in Parliament
 Constitution refers to the budget as the ‘annual financial statement’. U/A 112.

 budget is a basically a statement of the estimated receipts and expenditure of the Government of India in a
financial year.

Overall, the budget contains the following:

1. Estimates of revenue and capital receipts;

2. Ways and means to raise the revenue;

3. Estimates of expenditure;

4. Details of the actual receipts and expenditure of the closing financial year and the reasons for any deficit
or surplus in that year; and

5. Economic and financial policy of the coming year, that is, taxation proposals, prospects of revenue, spending
programme and introduction of new schemes/projects.
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.

 No demand for a grant shall be made except on the recommendation

of the President.
 No money shall be withdrawn from the Consolidated Fund of India
except under appropriation made by law.
 No tax shall be levied or collected except by authority of law.
 Parliament can reduce or abolish a tax but cannot increase any tax as
proposed by the government.
 The Rajya Sabha has no power to vote on the demand for grants; it is
the exclusive privilege of the Lok Sabha.
 The budget shall
distinguish expenditure The expenditure charged
on revenue account on the Consolidated
from other expenditure. Fund of India shall not
be submitted to the vote
of Parliament.
 Stages in Enactment
Presentation of budget.
Cut Motions:
General discussion.
a) Token Cut Motion
Scrutiny by departmental committees.

Voting on demands for grants.

b) Economy Cut Motion

Passing of appropriation bill. c) Policy Cut Motion

Passing of finance bill.

 Utility of Cut Motions

To ensure the responsible government

To make executive accountable to legislature thus upholding

the parliamentary system.

However, the cut motion do not have much utility in practice.

They are only moved and discussed in the House but not
passed as the government enjoys majority support.

Their passage by the Lok Sabha amounts to the expressions

of want of parliamentary confidence in the government and
may lead to its resignation.
Budget is divided into three sectors
 General services: defense, fiscal services
 Social/community services: health, education
 Economic services: industry, transport
 Vote on Account:
Government cannot withdraw money from the Consolidated Fund of India till the enactment
of the appropriation bill. This takes time and usually goes on till the end of April.
But the government needs money to carry on its normal activities after 31 March (the end of
the financial year).
To overcome this functional difficulty, the Constitution has authorised the Lok Sabha 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.
This provision is known as the ‘vote on account’. It is passed (or granted) after the general
discussion on budget is over. It is generally granted for two months for an amount
equivalent to one sixth of the total estimation.
Supplementary Grant: It is granted when the amount authorized by the Parliament through the appropriation act for a
particular service for the current financial year is found to be insufficient for that year.

Additional Grant: It is granted when a need has arisen during the current financial year for additional expenditure upon some
new service not contemplated in the budget for that year.

Excess Grant: It is granted when money has been spent on any service during a financial year in excess of the amount granted
for that service in the budget for that year. It is voted by the Lok Sabha after the financial year. Before the demands for excess
grants are submitted to the Lok Sabha for voting, they must be approved by the Public Accounts Committee of Parliament.

Vote of Credit: It is granted for meeting an unexpected demand upon the resources of India, when on account of the
magnitude or the indefinite character of the service, the demand cannot be stated with the details ordinarily given in a budget.
Hence, it is like a blank cheque given to the Executive by the Lok Sabha.

Exceptional Grant: It is granted for a special purpose and forms no part of the current service of any financial year.

Token Grant: It is granted when funds to meet the proposed expenditure on a new service can be made available by re-
appropriation. A demand for the grant of a token sum (of Re 1) is submitted to the vote of the Lok Sabha and if assented, funds
are made available.
 Consolidated Fund of India U/A 266(1)
 This is the most important of all accounts of the government.

 This fund is filled by: Direct and indirect taxes Loans taken by the Indian government
Returning of loans/interests of loans to the government by anyone/agency that has
taken it.
 The government meets all its expenditure from this fund.

 The government needs parliamentary approval to withdraw money from this fund.

 Each state can have its own Consolidated Fund of the state with similar provisions.

 The Comptroller and Auditor General of India audits these funds and reports to the
relevant legislatures on their management.
 Contingency Fund of India:

 Provision for this fund is made in Article 267(1) of the Constitution of India. Its
corpus is Rs. 500 crores.:
 The Secretary, Finance Ministry holds this fund on behalf of the President of
India.
 This fund is used to meet unexpected or unforeseen expenditure.
 Each state can have its own contingency fund.
 Public Accounts of India
 This is constituted under Article 266(2) of the Constitution.

 All other public money (other than those covered under the Consolidated Fund of India) received by or on
behalf of the Indian Government are credited to this account/fund.

 This is made up of: Bank savings account of the various ministries/departments National small savings fund,
defense fund National Investment Fund (money earned from disinvestment)National Calamity & Contingency
Fund (NCCF) (for Disaster Management)Provident fund, Postal insurance, etc.

 Similar funds.

 The government does not need permission to take advances from this account.

 Each state can have its own similar accounts.

 The audit of all the expenditure from the Public Account of India is taken up by the CAG.
Proceedings
of the house
Given under Rules of Procedure and Via
Conventions
 Question Hour

A starred question
The first hour of (distinguished by an
every parliamentary the members ask questions
asterisk) requires an oral
and the ministers usually
sitting is slotted for give answers.
answer and hence
supplementary questions
this. can follow.

An un-starred question, on
A short notice question is
the other hand, requires a
one that is asked by giving a
written answer and hence,
notice of less than ten days.
supplementary questions
It is answered orally.
cannot follow.
 Why is question hour important?

It has a deterrent effect on the government and keeps the ministers and civil
servants on their toes.

It also helps in exposing the lapses or mistakes of the government, which further
helps in shaping public opinion.

It helps to get information about what the government is actually doing. It may also
be used as a tool to know the official stand of the government.

It is also used as a tool to embarrass, insult and create uncomfortable situations for
the government.
 Critics of Question Hour
 Not all questions get answered: In a session, no more than 30-45 % of the questions get
answered as there are too many MPs. In the 15th Lok Sabha only 10% of the questions got
answered due to routine disruptions.
 Prone to corruption: 'Cash for Query' scam during the term of UPA-I, wherein MPs took
money from industrialists, big businesses, etc. to ask questions to the Ministers.
 Non-seriousness of members as well as Ministers: Member or the minister concerned
remaining absent on the day of answering the question.
 First casualty of disruption: Question hour, being the first hour of proceedings, often gets
disrupted when the opposition makes up its mind to disrupt the proceedings of the House that
day. (In this context, former Vice President, Hamid Ansari suggested to push the question hour
down to 3 PM, then the question hour would not become an immediate casualty of disruptions).
 Quality of questions: For the previous two Lok Sabhas, 70% of the questions were of such
nature, that answer to those questions could have been acquired by simply filing an RTI.
 The zero hour starts immediately after the question hour
and lasts until the agenda for the day (ie, regular business of
the House) is taken up

Unlike the question hour, the zero hour is not mentioned in

the Rules of Procedure.
Zero Hour
Thus it is an informal device available to the members of
the Parliament to raise matters without any prior notice.

It is an Indian innovation in the field of parliamentary

procedures and has been in existence since 1962.
Motions: To discuss any matter of public importance there has to a motion put before the
house through the presiding officer.
No discussion on a matter of general public importance can take place except on a motion made with the consent of the
presiding officer.
 Substantive Motion: It is a self-contained independent proposal dealing with a very
important matter like impeachment of the President or removal of Chief Election
Commissioner, adjournment motion etc.
 Substitute Motion: It is a motion that is moved in substitution of an original motion and
proposes an alternative to it. If adopted by the House, it supersedes the original motion.
 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: It is used as the regular way of proceeding with various kinds of
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.
Closure Motion: It is a motion moved by a member to cut short the debate on a
matter before the House. If the motion is approved by the House, debate is
stopped forthwith and the matter is put to vote

matter having been

Simple sufficiently discussed be
Closure now put to vote’.

Compartmen clauses of a bill or a

lengthy resolution are
t Closure grouped into parts
Closure
Motion only important clauses are
Kangaroo taken up for debate and
Closure voting
when the undiscussed clauses of a
Guillotine bill or a resolution are also put to
Closure vote along with the discussed ones
due to want of time
Privilege Motion
• When: breach of parliamentary privileges by a minister.
• What: When minister has presented in house withholding facts of a case or
by giving wrong or distorted facts.
• Purpose is to censure the concerned minister.

Calling Attention Motion

• When: to call the attention of a minister to a matter of urgent public
importance, and to seek an authoritative statement from him on that
matter.
• Like the zero hour, it is also an Indian innovation in the parliamentary
procedure and has been in existence since 1954.
• However, unlike the zero hour, it is mentioned in the Rules of Procedure.
 Privileges Motion Calling Attention Adjournment motion Censure Motion No Confidence
Motion
Draw attention of govt
Breach of
on a definite matter of
Parliamentary Matters of urgent
When public importance- NO No
Privileges by a public importance When it seems govt has
Minister
failed in its duty

Seek an authoritative To censure minister

Censure against statement from the Censure the govt. (Can or council of To prove the
Purpose
that minister minister on public be introduced only in LS) minister for a majority
matter specific policy
Need not state the
Any member with the Need Support of at least Should state the reason; Need
Method previous permission reasons for its
50 members Support of at least
of speaker adoption
50 Members
Can be moved
Moved Individual For the concerned Whole Council of against individual Only against whole
minister- Asking
Against Minister Questions from them Minister minister or whole council of Minister
Council

Resignation Not Required Not required Not Required Not Required Must Resign
 Adjournment Motion:

When: to draw attention of the House to a definite matter of urgent public importance,

needs the support of 50 members to be admitted.

It involves an element of censure against the government and hence Rajya Sabha is not permitted to
make use of this device.

The discussion on an adjournment motion should last for not less than two hours and thirty minutes.

Limitations:
 should raise a matter which is definite, factual, urgent and of public importance;
 should not cover more than one matter.
 should not be framed in general terms.
 should not raise a question of privilege.
 should not deal with any matter that is under adjudication by court
No-Confidence Motion: needs the support of 50 members to be admitted.
• can be introduced in Lok Sabha Only (Article….?)
• If passed, the council of minister has to resign.
Motion of Thanks (U/A 87)
 The first session after each general election and the first session of every fiscal
year is addressed by the president.
 In this address, the president outlines the policies and programmes of the
government.
 No other business is transacted till the President has addressed both Houses of
Parliament assembled together.
 discussed in both the Houses of Parliament on a motion called the ‘Motion of
Thanks.

Significance: an occasion available to the members of Parliament to raise

discussions and debates to examine and criticize the government and
administration for its lapses and failures.
PARLIAMENTARY PRIVILEGES

 Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two
Houses of Parliament, their committees and their members.
 Individually and collectively
 Not codified

Why these privileges:

 necessary in order to secure the independence and effectiveness of their actions
 Constitution has also extended the parliamentary privileges to those persons who are entitled
to speak and take part in the proceedings of a House of Parliament or any of its committees.
Collective Privileges Individual Privileges
right to publish its reports, debates and proceedings and cannot be arrested during the session of Parliament
also the right to prohibit others from publishing the and 40 days before the beginning and 40 days after the
same. end of a session
(only in civil cases and not in criminal cases or preventive
detention cases)

can exclude strangers from its proceedings and hold No member is liable to any proceedings in any court for
secret sittings to discuss some important matters anything said or any vote given by him in Parliament or
its committees.

can make rules to regulate its own procedure and the exempted from jury service.
conduct of its business and to adjudicate upon such (can refuse to give evidence and appear as a witness in a
matters case pending in a court when Parliament is in session)

Power to punish for breach: can punish members as well

as outsiders for breach of its privileges or its contempt by
reprimand, admonition or imprisonment

courts are prohibited to inquire into the proceedings of a

House or its committees
 Source of the Parliamentary Privileges:
Originally, the Constitution (Article 105) expressedly mentioned two privileges,
 freedom of speech in Parliament and
 Right of publication of its proceedings.
44th Amendment made changes in this provision, but not significantly.
Earlier: Article referred to “they were to be the same as those of the British House of Commons”.
The word House of Commons was dropped and left for parliament to make law on this. However, Parliament so
far has not enacted on this provision.
They are based on five sources:
1. Constitutional provisions,
2. Various laws made by Parliament,
3. Rules of both the Houses,
4. Parliamentary conventions, and
5. Judicial interpretations.
Leader of the house
 PM: to whichever house he belongs to
 Aka house majority leader
 Speaks on behalf of house
 Consulted by presiding officer on matters relating to arrangement of
govet business, private member business in the house , adjournment,
prorogation of the house etc
 Difficult job in todays time due to multi-party system
Leader of Opposition
 Statutory status under Salaries and Allowances of the Leader of
Opposition Act, 1977
 Statues equal to Cabinet minister
 Requirements: member of the house; recognized as LOP by presiding
officer; leader of the party in opposition with the greatest numerical
strength
 LOP
 The Direction 121 of the Speaker's Direction, issued by the first Speaker, G.V
Mavalankar, talks about the 10 percent criteria which said that the leader of the
party securing at least 10 percent of the seats in the house would be the leader of
the Opposition in the House. (10 percent was selected as a criteria because 10
percent of the House represents the quorum, so that in a scenario where the ruling
party is not interested in the session, the opposition party can on its own hold the
session independently)
 As a result of the 10 percent rule, there was no leader of opposition from 1952 to
1969. In 1969, Ram Subhag Singh of the Congress (0) became the first leader of
opposition in Lok Sabha. Again from 1971 to 1977 and from 1980 to 1989, no leader
of opposition was recognized. But since 1989 to 20 14, i.e. from the 9th Lok Sabha to
the 15th Lok Sabha, there has always been a Leader of Opposition. In the 16th and
the 17th Lok Sabha, nobody has been recognized as the Leader of Opposition.
Role of LOP
 Hold the government accountable
 Question govt on important issues
 proposal to govt for alternative ways
 Shape public opinion
State Legislatures
Articles 168 to
212 in Part VI
Legislative Assemblies/Council
only six states have two Houses (bicameral).
These are
• Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and
Karnataka.
How can a LC be created?
• If the concerned assembly passes a resolution by special majority
• Then parliament may by an act- (Simple Majority) create a LC for the state.
Composition of Assembly
 Maximum- 500
 Min- 60
 Quorum: Minimum of 10 members or 10% (whichever is higher)

Composition of Council
 Maximum: 1/3rd of total strength of respective assembly
 Min= 40
 Nominated
Members of LC
1/3 are elected by the
members of local bodies in
the state like municipalities,
district boards, etc.,
1/3 are elected by the members
of the legislative assembly of the
state from amongst persons who
are not members of the
assembly, and
1/12 are elected by graduates
of three years standing and
residing within the state,
the remainder are nominated
by the governor from
amongst persons who have a
special knowledge or practical
experience of literature,
science, art, cooperative
movement and social service.
1/12 are elected by teachers of
three years standing in the state,
not lower in standard than
secondary school,
Thus, 5/6 of the total number
of members of a legislative
council
are indirectly elected and 1/6
are nominated by the
governor
Tenure
 LA- Same as Lok Sabha
 LC- Same as Rajya Sabha
Qualification:
1. Age: 25 for LA and 30 for LC
2. Citizen of India
3. be elected to the legislative council must be an elector for an assembly constituency in the concerned state
4. to be qualified for the governor’s nomination, he must be a resident in the concerned state.
5. elected to the legislative assembly must be an elector for an assembly constituency in the concerned state
The ultimate power of passing an ordinary bill is
vested in the assembly
it may pass the bill as sent by the assembly (i.e., without amendments)- Then the bill is sent to
Governor for assent.

it may pass the bill with amendments and return it to the assembly for reconsideration.

it may reject the bill altogether

It may not take any action and thus keep the bill pending. Then the assembly may pass the bill again
and transmit the same to the council

Now if the LC does not pass the amended bill within one month- then the 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.
LC Equal with Assembly
1. Introduction and passage of ordinary bills. However, in case of disagreement between
the two Houses, the will of the assembly prevails over that of the council. governor
2. Approval of ordinances issued by the governor.
3. Selection of ministers including the chief minister. Under the Constitution the,
ministers including the chief minister can be members of either House of the state
legislature. However, irrespective of their membership, they are responsible only to the
assembly.
4. Consideration of the reports of the constitutional bodies like State Finance
Commission, state public service commission and Comptroller and Auditor General of
India.
5. Enlargement of the jurisdiction of the state public service commission.
Unequal wrt LA
1. In case of Money bill
2. Can withhold a bill from passing by more than 4 months.
3. Can only discuss cant vote budget.
4. No confidence motion can be held in Council
5. When an ordinary bill, which has originated in the council and was
sent to the assembly, is rejected by the assembly, the bill ends and
becomes dead.
6. NO participation in Election of Prez and also not in choosing
members of Rajya Sabha.