CENTRAL UNIVERSITY OF PUNJAB

SEMINAR REPORT

TOPIC: INDIAN PARLIAMENT

DEPARTMENT OF: SOUTH AND CENTRAL
ASIAN STUDIES

SUBMITTED BY SUBMITTED TO
KOTUB UDDIN AHMED DEPARTMENT OF SOUTH AND
COURSE CODE: POL.541 CENTRAL ASIAN STUDIES
19MAPLSC14
2019-20
 INTRODUCTION

The Parliament of India is a magnificent reflection of the democratic ethos of

our country. Historically India was the democratic and representative
institutions, “Sabhas” and “Samitis” were one of popular assemblies in Vedic
period1. In the Post-Vedic period “Ganarajya” or “Sangha” were functioning as
self government institutions. Evolution of modern democratic institutions in
India was a gradual process which stemmed from the Indian freedom struggle
against the British rule and gradually the British government giving more rights
to Indian people for their struggle; finally in 1947 they transferred full freedom.

After independence a full-fledged parliamentary system of government with

modern institutional framework was established in India following by the Indian
constitution “India, that is Bharat, shall be a Union of States"2.Articles 79 to 122
in Part V of the Constitution deal with the organisation, composition, duration,
officers, procedures, privileges, powers and so on of the Parliament. The
parliament of India has three constituents, the President of India, the Rajya
Sabha (Council of States) and the Lok Sabha (House of people).

ORGANISATION
Under the article 79 of Indian constitution the Parliament of India comprises
of three sections, the President, the Council of States and the House of the
People. In 1954, the Hindi names 'Rajya Sabha' and 'Lok Sabha' were embraced
by the Council of States and the House of People. The Rajya Sabha is the Upper
House (Second Chamber or House of Elders) and the Lok Sabha is the Lower
House (First Chamber or Popular House).

The President of India isn't an individual from either House of Parliament

and doesn't sit in the Parliament to go to its gatherings; he is a basic piece of the

1
An Introduction to Parliament of India by Dr. yogendra Narain
2
Indian constitution, its define that India shall be a union of states by following the roles of constitution
Parliament. This is on the grounds that a bill passed by both the Houses of
Parliament can't move toward becoming law without the President's consent. He
likewise plays out certain power and capacities identifying with the procedures
of the Parliament, as like he summons and pro-rogues both the Houses, breaks
down the Lok Sabha, addresses both the Houses, issues statutes when they are
not in session, etc. In this regard, the composers of the Indian Constitution
depended on the British example as opposed to the American example. The
parliamentary type of government stresses on the relationship between the
administrative and official organs. Thus, we have the 'President in Parliament'
as the 'Crown-in-Parliament' in Britain.

COMPOSITION
 PRESIDENT
According to article 52 of Indian constitution, there shall be a President
for the “Union of States”3 India. The President will be the head of the state; the
President shall be elected by the elected members of the central and state
legislature by the system of proportional representation by means of single
transferable vote4.

 RAJYA SABHA

The Rajya Sabha is a permanent body and is not subject to dissolution.

However, one-third of its members retire biennially. A member who is chosen
for a full term holds his participation for six years. He is eligible for re-election.

The Council of States (Rajya Sabha) consists of not more 250 members,
out of which 238 members represent the States and Union territories and 12
members are nominated by the President5. The IV Schedule of the Constitution
provides for allocation of seats to various States and Union territories. The
representatives of the seats are elected by the elected members of State
Legislature in accordance with the system of proportional representation by
means of the single transferable vote. The delegates of the Union regions in
Rajya Sabha are picked as per laws ordered by Parliament 12 members are
nominated by the President are from amongst the persons having special
knowledge and practical experience in respect of such matters as literature,

3
Indian Constitution, Article 1
4
Article 54 of Indian Constitution
5
Under the article 80(1)
science, art and social service. The actual strength of Rajya Sabha, at present, is
245 members, out of this 233 elected from the State and Union territories and
12 members are nominated by the President.

In the Rajya Sabha have a Deputy Chairman and Chairman, they are the
presiding officer of Rajya Sabha, and The Vice-President of India is ex office
chairman and Deputy Chairman elected amongst its members. There also have a
Leader of Opposition and one from ruling party.

 LOK SABHA
Lok Sabha is the people’s house or popular house in Indian Parliament and
it’s also tenure based house, the members of house shall be changing in 5 years
that means term of the house is 5 years after this it shall be dissolve and new
election will be held. The members of Lok Sabha are elected on the basis of
universal adult franchise that means every Indian citizen above the age of 18
can participate in the electing process.

The maximum strength of Lok Sabha is fixed at 552. Out of these 530
members from the states and 20 members form union territories and 2 members
are to be nominated by the president from the Anglo-Indian community. At
present, the Lok Sabha has 545 members. Out of these 530 members represent
the states, 13 members represent the union territories and 2 Anglo-Indian
members are nominated by the President.6

There have a Speaker and Deputy Speaker in Lok Sabha as a presiding

officer. The Speaker elected among the members of Lok Sabha and his office
independence and impartiality. The presiding officers maintain the order in Lok
Sabha and his decision is final on any debate of the house. As like Rajya Sabha
in Lok Sabha also have a ruling and opposition party’s leader.

SESSION
The president time to time summons Lok Sabha and rajya Sabha to meet.
But, the maximum gap between two sessions of Lok Sabha and rajya Sabha
can’t be more than six months, that means Lok Sabha and rajya Sabha should
meet at least twice a year. There are usually three sessions in a year; e.g.

1. The Budget Session

6
Article 81(1) of Indian constitution
 2. The Monsoon Session

3. The Winter Session

A ‘session’ of Lok Sabha and rajya Sabha is the period spanning between
the first sitting of a House and its prorogation or dissolution in the case of the
Lok Sabha. During a session, the Lok Sabha and rajya Sabha meets every day to
transact business. The period spanning between the prorogation of a House and
its reassembly in a new session is called ‘recesses’.

A session of Lok Sabha and rajya Sabha consists of many meetings of

few days. Each meeting of a day consists of two sittings, e.g. a morning sitting
and an evening sitting. A sitting of Lok Sabha and rajya Sabha can be
terminated by adjournment or adjournment sine die or prorogation or
dissolution (in the case of the Lok Sabha). An adjournment suspends the work
in a sitting for a specified time, which may be hours, days or weeks. The
presiding officer of each houses can 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.

MOTION
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 Lok
Sabha and rajya Sabha expresses its decisions or opinions on various issues
through the adoption or rejection of motions moved by either ministers or
private members. The motions moved by the members to raise discussions on
various matters fall into three principal categories;

1. Substantive Motion: It is self-contained independent proposal, which

dealing with the impeachment of the President or removal of Chief Election
Commissioner.
2. 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 Lok Sabha
and rajya Sabha, it supersedes the original motion.
3. Subsidiary Motion: It is a motion that, by itself, has no meaning and
can’t state the decision of the Lok Sabha and rajya Sabha without reference to
the original motion. It is divided into three subcategories;
 (a) Ancillary Motion: It is used as the regular way of proceeding with
various kinds of business.
(b) Superseding Motion: It is moved in the course of debate on another
issue and seeks to supersede that issue.
(c) Amendment: It seeks to modify or substitute only a part of the original
motion.
Closure Motion: It is a motion rise by a member of the house to cut short
the debate on a matter before the House. If the motion is passed by the House,
then debate shall be stop forthwith and the matter is put to vote.
Calling Attention Motion: It is introduced in the Parliament by a
member for paying attention of a minister to a matter of urgent public
importance and to seek an authoritative statement from him on that matter.
Adjournment Motion: It is introduced in the Parliament to draw attention of
definite matter for urgent public importance, and needs the support of 50
members to be admitted it.
No-Confidence Motion: Under Article 75 of the Constitution says that
the council of ministers shall be responsible to the Lok Sabha for their functios.
It means that the ministry stays in office so long as it enjoys confidence of the
majority of the members of the Lok Sabha, it means that the Lok Sabha can
remove the ministry from office by passing a no-confidence motion. The motion
needs the support of at least 50 members to be admitted.

LEGISTATIVE PROCEDURE
The legislative procedure is identical in Lok Sabha and Rajya Sabha of
Parliament. Every bill has to pass through the same procedure in each House. A
bill is a proposal for legislation and it becomes an act or law when duly enacted.
Two types of bills introduced in the Parliament are, Public Bills and Private
Bills. The Public bill introduced by the government and the Private Bills
introduced by the any of members basically opposition.

The bills introduced in the Parliament are classified into four types:

1. Ordinary bills: The Ordinary Bills concerned with any matter other
than financial subjects.

2. Money bills: The Money Bills concerned with the financial matters
like taxation, public expenditure, etc.

3. Financial bills: The Financial Bills also concerned with financial

matters but are different from money bills.
 4. Constitution amendment bills: The Constitutional Amendment Bills
concerned with the amendment of the provisions of the Constitution.

The Constitution has the different procedures for the enactment of all the
four types of bills. But every bill needed to introduce in the Parliament, after the
introduction there shall be discussion, debate and correction on the bill and also
there have various stages. Bills passed by the support of the members of the
houses, that means the members shall be vote for accept or reject the bill. But
every bill has different passing criteria which shall be based on the on bill. After
the passed a bill in both the houses it sends to President for his ascent. After
President’s ascent the bill become law.

 JOINT SITTING OF TWO HOUSES

Joint sitting is extraordinary machinery provided by the Constitution to

resolve a deadlock between the two Houses over the passage of a bill. A
deadlock is deemed to have taken place under any one of the following three
situations after a bill has been passed by one House and transmitted to the other
House;

1. If the bill is rejected by the other House.

2. If the Houses have finally disagreed as to the amendments to be made in

the bill.

3. If more than six months have elapsed from the date of the receipt of the
bill by the other House without the bill being passed by it.

In the above three conditions president can summon both the Houses to meet
in a joint sitting for the purpose of debating and voting on the bill. It must be
remember that the provision of joint sitting is applicable to ordinary bills or
financial bills only and not to money bills or Constitutional amendment bills.

BUDGET
Budget is the ‘annual financial statement’7 of a country. In the
constitution of India the term ‘budget’ has nowhere been used. The budget is a
statement of the estimated receipts and expenditure of the Government of India
in a financial year, which begins on 1st April and ends on 31st March of the
following year. The Government of India has two budgets, the Railway Budget

7
Article 112, The Constitution of India
and the General Budget. The Railway Budget was separated from the General
Budget in 1921 under the recommendations of the Acworth Committee. But in
August 2016, the Central Government merged the railway budget into the
general budget; this move to discard the age-old practice of a separate railway
budget is part of PM Modi’s reform agenda. Following reason was the
objectives of the separation;

1. To introduce flexibility in railway finance.

2. To facilitate a business approach to the railway policy.

3. To secure stability of the general revenues by providing an assured

annual contribution from railway revenues.

4. To enable the railways to keep their profits for their own development.

The budget goes through the following six stages in the Parliament:

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.

In Parliament the Finance Minister introduced the budget and also he

delivering his speech on the objective of budget. After introduction it shall be
open for general discussion, in this stage the Member of Parliament asked
questions to the finance minister and debate. In the next stage the various
departmental committees make their report on budget, after this the members of
the house voting for demands. In the last stage the bill send to president for his
ascent.

POWER AND FUNCTIONS

In democratic India the Parliament captured a central position in public
administration and has a multifunctional role. It enjoys extensive powers and
performs a variety of functions towards the fulfillment of its constitutionally
expected role. Its powers and functions of the Parliament can be classified under
the following;

1. Legislative Powers and Functions: One of the important powers

of central legislature is legislative power. The parliament can make any law,
which is needed to maintain the law and order situation of India. In Indian
constitution there has mention about the central list. The parliament of India
playing a dominated role in the central list, and also parliament influence in
others list by the provisions of constitution.

2. Executive Powers and Functions: The Constitution of India

established a parliamentary form of government in this form of Government the
Executive is responsible to the Parliament for its policies and functions. Hence,
the 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, and censure motion and
other various discussions.

The Executive continue in office so long as they enjoy the confidence of

the majority members in the Lok Sabha that means the council of ministers can
be removed from office by the Lok Sabha by passing a no-confidence motion.

3. Financial Powers and Functions: No tax can be collected and

no expenditure can be incurred by the Executive except under the authority and
with the approval of Parliament. Hence, the budget is placed before the
Parliament for its approval. The enactment of the budget by the Parliament
legalises the receipts and expenditure of the government for the ensuing
financial year. The Parliament also scrutinises government expenditure and
financial performance with the help of its financial committees. These include
public accounts committee, estimates committee and committee on public
undertakings. Therefore, the parliamentary control over the Executive in
financial matters operates in two stages:

(a) Budgetary control, that is, control before the appropriation of grants
through the enactment of the budget; and

(b) Post-budgetary control, that is, control after the appropriation of

grants through the three financial committees.
 4. Constituent Powers and Functions: The Parliament has the
powers to amend the Constitution by way of addition, variation or repeal of any
provision. The major part of the Constitution can be amended by the Parliament
with special majority, that means more than 50 per cent of the total membership
of each House and a majority of not less than two-thirds of the members present
and voting in each House. Some other provisions of the Constitution can be
amended by the Parliament with simple majority that means a majority of the
members present and voting in each House of Parliament. Only a few
provisions of the Constitution can be amended by the Parliament by special
majority and with the approval of at least half of the state Legislatures. However
the Parliament can amend the Constitution in three ways:

(a) By simple majority

(b) By special majority

c) By special majority but with the consent of half of all the state
legislatures.

The constituent power of the Parliament is not unlimited; it is subject to

the ‘basic structure’ of the Constitution. In others words, the Parliament can
amend any provision of the Constitution except the ‘basic features’ of the
Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati
case (1973) and reaffirmed in the Minerva Mills case (1980).

5. Judicial Powers and Functions: The parliament of India can

make high and lower court in Union Territories and they can increase and
decrease the number of judges of court. The Parliament also can pass resolution
for remove the chief judges.

6. Electoral Powers and Functions: The Parliament of India can elect

the President, Vice-President through vote. As like election they also can
remove them if they doing unconstitutional work. The Parliament of India also
can take action on about functions of Chief Justice of India, Chief election
commissioner and others high rank officers.

7. Other powers and functions: The Parliament of India has

miscellaneous powers. The various other powers and functions of the
Parliament include:
 (a) It serves as the highest deliberative body in the country. It discusses
various issues of national and international significance.

(b) It approves all the three types of emergencies (national, state and
Financial) proclaimed by the President.

(c) It can create or abolish the state legislative councils on the

recommendation of the concerned state legislative assemblies.

(d) It can increase or decrease the area, alter the boundaries and change
the names of states of the Indian Union.

(e) It can regulate the organisation and jurisdiction of the Supreme Court
and high courts and can establish a common high court for two or more
states.

CONCLUSION
In the conclusion we can say that Indian parliament is the sovereign
authority of democratic India. The Parliament holds the all basic powers,
because the members of the parliament represent the people of India and the
people send them towards parliament with their issues and demands. So, it’s
make sure that the Parliament is for the people and they try to fulfillment the
needs of country.
Bibliography
 Fadia B.L, Indian Government And Politics; Sahitya Bhawan, 938-48-
856-22
 Guhain Nabin, Indian Administration; Bidya Bhawan (Assam Jurhat),
978-93-81784-77-8
 Hatiboruah Diganta, Indian Government and Politics; Swaraswati
Prakashan (Assam Gulaghat), 978-81-922265-2-1
 Laxmikanth M, Indian Polity;McGraw Hill Education (India) Private
Limited, 93-5260-363-X
 Narain Yogerdra, An Introduction To parliament of India; Rajya Sabha
Secretariat( New Delhi)
Web link
https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf
https://rajyasabha.nic.in/
https://loksabha.nic.in/
https://presidentofindia.nic.in/
https://www.india.gov.in/my-government/constitution-india/amendments