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The Union Legislature

Parliament House, New Delhi

 Our Constitution has adopted Parliamentary Form of


Government
 Provides for harmonious blend of Legislative and Executive
Organs of State

 Functions of Parliament
a) Providing the Cabinet
b) Control of the Cabinet
c) Criticism of Cabinet and of Individual Members
d) An organ of Information
e) Legislation
f) Financial Control

 Constitution of Parliament

 Parliament consists of:

 President (as per Legislative Duties)


1) Addresses
2) Assent to Bills
3) Ordinances

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 Two Houses

House of People – Lok Sabha Council of States – Rajya Sabha

 Constitution of House of People


Reflects Federal
 530 members from different states
Character
 20 members from union territories

 2 members from Anglo Indian Community

 Composition of Council of States


 12 nominated by ‘President’ – Literature, Science, Art and
Social Service

 238 representatives of State and Union territories

 Territorial Constituencies for Election of House of People

 Election direct

 Territorial constituencies

 Each state allotted number of seats based on population

 Proportional representation for Council of States


a) Elected members of Legislative Assembly of each State

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b) Municipalities
c) District boards
d) Local Authorities
e) Graduates
f) Teachers

 Why Proportional Representation not adopted for House


of People

 Requires literacy

 Will lead to fragmentation

 Duration of Houses of Parliament

 Council of States

 Permanent Body
 1/3 Members retire every 2nd year

 House of People

 5 years
 Maybe dissolved every 2nd year

 Sessions of Parliament

 Twice a year – Gap of 6 months

 Qualification of Members of Parliament


a) Citizen of India
b) Age

 Council of State – 30 years

 House of People – 25 years

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 Disqualifications for Membership (Article 84)
a) Holds office of profit under Government of India
b) Declared unsound by Competent Court
c) Is an undischarged insolvent
d) Ceased to be citizen of India

 Acquired citizenship of Foreign State


e) Disqualified by or under any Law of Parliament

 Sex not a disqualification

 Vacation of Seats by Members


a) Dual membership
 Both Houses

 State and Union


b) Acquires any of the disqualifications
c) Resignation
d) Absence without permission

 Salaries and Allowances of Members of Parliament

 As per salaries, allowances and pension of members of


Parliament Act, 1954

 Officers of Parliament
A. SPEAKER

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 A Speaker to preside over House of People
 And a Deputy Speaker

 Elected by members of House

 Hold office during period of house

 Termination of office
i) Ceasing to be Member
ii) By resignation in writing to Deputy Speaker
iii) Removal

 Majority
 14 day prior Notice

 Speaker to be heard

 Powers of Speaker
i) Preside over the House
ii) Shall not vote in the first instance but will give
Casting Vote in case of equality
iii) Maintain order
iv) Interpret Rules of Procedure
v) Absence of quorum - Adjourn House

 Speaker’s conduct in above instances cannot be


questioned in Courts
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 Additional powers not available to Chairman of Council
of States
i) To preside over Joint sitting of Both Houses
ii) Endorse money bill stating it to be so

B. DEPUTY SPEAKER
 To preside when office of Speaker falls vacant unless
there is resolution for his removal

C. CHAIRMAN OF COUNCIL OF STATES


 ‘Vice President’ – Ex Officio

 Shall preside when not officiating as President

 In his place Deputy Chairman

 Can be removed only if removed from Office of Vice


President
 Emoluments as under Salaries and Allowances of
Officers of Parliament Act, 1953
 Functions similar to that of Speaker

 Powers, Privileges and Immunities of Parliament and its


Members

 Article 105 – Freedom of Speech

 Article 194 – Right of Publication

 Privilege as enjoyed by House of Commons


 Conflict between privileges and Fundamental Rights, former
to prevail

a) Individual Privileges
i) Freedom from Arrest

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ii) Freedom of Attendance as Witness
iii) Freedom of Speech

b) Parliamentary Privileges
i) Publication of proceedings and exclude publication
ii) Right to exclude strangers
iii) Right to regulate its own Constitution
iv) Right to regulate its proceedings
v) Right to punish for contempt

 Legislative Procedure
I. Ordinary Bills
1) Introduction
2) Motions after introduction

 Considered

 Referred to select Committee

 Referred to Joint Committee

 Circulated
3) Report by Select Committee
4) Passing of Bill in the House where it was introduced
5) Passage in the other House
6) President’s Assent

II. Money Bills

 Bill deemed to be Money Bill when it deals with any of


the following matters:
1) Tax

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2) Consolidated Fund or Contingency Fund – Custody
3) Appropriation of moneys out of Consolidated Fund
4) Regulation of borrowing money by Government
5) Expenditure charged on Consolidated Fund
6) Receipt of money into Consolidated Fund
7) Matters incidental thereon

 Speaker to endorse Money Bill – Decision Final

 Procedure
1) Not to be introduced in Council of States
2) Passed by House of People with endorsement of
Speaker then Council of States to pass it and back
to House of People
3) If recommendations of Council of States accepted
by House of People – Bill passed by both
4) If recommendations not accepted passed by both
Houses in format of House of People
5) If not returned within 14 days – passed by both in
format of House of People

III. Financial Bill (Article 117)

 Does not require Speaker’s Certificate

 When it deals with other matters along with above


matters – Generally Revenue or Expenditure
 Ordinarily containing Expenditure from Consolidated
Fund

 Removal of Deadlock in the Course of Passing Bills


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1) Money Bills – House of People overrides
2) Other Bills – Joint sitting of Both Houses

 Financial Legislation in Parliament (Article 112)


 Beginning of every financial year statement of estimated
expenditure and receipts to be laid before both houses

 States economic policy


 Votable of non votable -> Expenditure on Consolidated
Fund

 Discussed by both houses – Beyond this Council of States


has no power

 Grants voted by House of People