Consti II PDF

COMPARATIVE ANALYSIS OF FUNCTIONS OF BRITISH AND INDIAN
PARLIAMENT
SUBMITTED BY:
TUSHAR SOLANKI
(SM0113055)
FACULTY IN CHARGE:
DR D.N. CHOUDHURY
MR. HIMANGSHU RANJAN NATH
NATIONAL LAW UNIVERSITY, ASSAM

GUWAHATI- 781007
31ST OCTOBER 2015
STUDENT CERTIFICATE
Certified that the project entitled COMPARATIVE ANALYSIS OF FUNCTIONS OF BRITISH

AND INDIAN PARLIAMENT is a piece of original bona fide research undertaken by me. It is
further certified that no part of this project has been submitted by me for any else purpose.
PLACE- Guwahati
DATE- 31st October, 2015
SIGNATURE OF STUDENT
Tushar Solanki
TABLE OF CONTENTS
1. Introduction
1.1. Literature Review
1.2. Scope and Objectives
1.3. Research Questions
1.4. Research Methodology
2. The British Parliament

2.1. Introduction
2.2. House of Commons
2.2.1. Functions of House of Commons
2.3. House of Lords
2.3.1. Functions of House of Lords
3. The Indian Parliament

3.1. Introduction
3.2. Rajya Sabha
3.2.1. Functions of Rajya Sabha
3.3. Lok Sabha
3.3.1. Functions of Lok Sabha
4. Comparative Analysis of Functions of British and Indian Parliamentary System.

4.1. House of Commons Against Rajya Sabha
4.2. House of Lords Against Lok Sabha
5. Conclusion
Bibliography
Chapter 1
Introduction
A parliamentary system is a scheme of democratic governance of a land in which the executive

branch derives its democratic legitimacy from, and is held accountable for, the legislature
(parliament); the executive and legislative branches are so interconnected. In a parliamentary
system, the head of state is normally a different person from the head of government. This is in
distinction to a presidential system in a democracy, where the head of state as well as the head of
the government, and most significantly, the executive branch does not derive its democratic
validity from the legislature.
Over the centuries, the English Parliament gradually restricted the power of the English monarchy,
which perhaps terminated in the English Civil War and the hearing and execution of Charles I in
1649. Later on the coming back of the monarchy under Charles II, and the successive Magnificent
Revolution of 1688, the supremacy of Parliament was an established norm and all forthcoming
English and later British sovereigns were limited to the determination of constitutional monarchs
with limited executive power. The Act of Union 1707 amalgamated the English Parliament with
the Parliament of Scotland to custom the Parliament of Great Britain. When the Parliament of
Ireland was abolished in 1801, its former members were amalgamated into what was now termed
as the Parliament of the United Kingdom.
Parliament is the supreme legislative body of India. The Indian Parliament includes the President
of India and the two Houses - Rajya Sabha (Council of States) and Lok Sabha (House of the
People). The President possesses the power to summon and prorogue either House of Parliament
or to disband Lok Sabha. The Constitution of India came into working on January 26, 1950. The
first general elections under the new Constitution were held during the year 1951-52 and the first
elected Parliament came into being in April, 1952, the Second Lok Sabha in April, 1957, the Third
Lok Sabha in April, 1962, the Fourth Lok Sabha in March, 1967, the Fifth Lok Sabha in March,
1971, the Sixth Lok Sabha in March, 19771, the Seventh Lok Sabha in January, 1980, the Eighth
Kashyap Subhash C., Our Constitution: An Introduction to Indias Constitution and Constitutional Law, National
Book Trust India, New Delhi, 2014.
1
Lok Sabha in December, 1984, the Ninth Lok Sabha in December, 1989, the Tenth Lok Sabha in
June, 1991, the Eleventh Lok Sabha in May, 1996, the Twelfth Lok Sabha in March, 1998,
Thirteenth Lok Sabha in October, 1999, Fourteenth Lok Sabha in May, 2004 and Fifteenth Lok
Sabha in April, 2009.
In this project, I going to discuss the basic comparison between the functioning of Parliamentary
system of both the countries, i.e., Britain and India, and try find out basic idea regarding the same.
1.1. Literature Review
Kashyap Subhash C., Our Constitution: An Introduction to Indias Constitution and

Constitutional Law, National Book Trust India, New Delhi, 2014.
The book provide the whole structure of Indian constitution and also define its various parts. I
analysis the Parliamentary Systems role in this book. A parliamentary system is a system of
democratic governance of a state in which the executive branch derives its democratic legitimacy
from, and is held accountable to, the legislature (parliament); the executive and legislative
branches are thus interconnected. In a parliamentary system, the head of state is normally a
different person from the head of government.
Bhagwan Vishnoo, Bhushan Vidya, World Consitution: A Comparative Study,

Sterling Publishers Pvt. Ltd., New Delhi, 2010.
The book provide the comparative study of the constitutions of the major countries of the world
will enable me, and enable me to learn about the functioning of Parliament of Britain. Under this
book the facts of the topics stated very simple and in lucid style which will make reading of the
work quite palatable.
1.2. Scope and Objectives

Objectives of Research are:
1. To determine the functions of Parliament of India.
2. To determine the functions of Parliament of Britain

3. To know the working of Parliament of India and Britain.
1.3. Research Questions

1. What are the functions of the parliament of India and Britain?
2. What are the Compositions of Indian and British parliament?
3. What are the differences in functioning of Indian and British Parliament?
1.4. Research Methodology

Research Design
To conduct our research project we will use these two types of research design: Exploratory and
Descriptive.
Doctrinal Method: The methodology that we used in this project is doctrinal. We went through
different books and articles in the library and tried to gather information regarding the topic and
will try to incorporate those materials in our project.
Sources of Data
We have used secondary sources of data for the purpose of our Research work which includes
books and several articles. We cannot definitely forget to acknowledge the various internet sites
which have been of immense use in conducting our study.
Limitations
The project is not without its own set of limitations however a care has been taken to reduce them
to a minimal level. As the topic of Comparative analysis of British and Indian Parliament is very
vast so researcher limits its scope to different functions of both the parliaments which is forms
different conditions and roles and I encountered two basic limitations during the compilation of
this project that is lack of time and resources to perform the extensive study.
Chapter 2
British Parliament
2.1. About British Parliament

The Parliament of the United Kingdom and Northern Ireland, usually known as the UK Parliament
or the British Parliament, is the utmost legislative body in the United Kingdom, British Crown
colonies and British overseas territories. It alone enjoys legislative supremacy and thereby ultimate
power over all other political bodies in the UK and its soils. Its crown is the Sovereign of the
United Kingdom (currently Queen Elizabeth II) and its bench is the Palace of Westminster in
Westminster, London.
The parliament is twofold, comprising of an upper house (the House of Lords) and a lower house
(the House of Commons).2 The Sovereign forms the third part of the legislative body (the Queenin-Parliament).34The House of Lords comprises of two different kinds of members: the Lords
Spiritual (the senior bishops of the Church of England) and the Lords Temporal (members of the
Peerage) whose members are not elected by the population at large, but are appointed by the
Sovereign on the advice of the Prime Minister.5 Prior to the opening of the Supreme Court in
October 2009, the House of Lords also performed a judicial role through the Law Lords.
The House of Commons is a democratically elected chamber with elections held at least every five
years.6 The two Houses meet in distinct chambers in the Palace of Westminster (commonly
acknowledged as the Houses of Parliament) in London. By constitutional convention, all
government ministers, as well as the Prime Minister, are members of the House of Commons or,
"Legislative Chambers: Unicameral or Bicameral?". Democratic Governance. United Nations Development

Programme. Retrieved 10 February 2008.
3
"Parliament and Crown". How Parliament works. Parliament of the United Kingdom. Archived from the original on
17 January 2008. Retrieved 10 February 2008.
4
Direct.gov.uk
5
"Different types of Lords". How Parliament works. Parliament of the United Kingdom. Archived from the original
on 14 January 2008. Retrieved 10 February 2008.
6
"How MPs are elected". How Parliament works. Parliament of the United Kingdom. Archived from the original on
6 February 2008. Retrieved 10 February 2008.
less commonly, the House of Lords and are thereby responsible to the particular branches of the
legislative body.
The Parliament of Great Britain was formed in 1707 succeeding the sanction of the Treaty of Union
by Acts of Union approved via the Parliament of England and the Parliament of Scotland. At the
beginning of the nineteenth century, Parliament was further extended by the Acts of Union
authorized by the Parliament of Great Britain and the Parliament of Ireland that abolished the latter
and added 100 Irish MPs and 32 Lords to the earlier to form the Parliament of the United Kingdom
of Great Britain and Ireland. The Royal and Parliamentary Titles Act 1927 officially amended the
name to the "Parliament of the United Kingdom of Great Britain and Northern Ireland", 5 years
later on the secession of the Irish Free State.
The UK parliament and its fundamentals have set the outlines for many democracies throughout
the universe, and it has been named "the mother of parliaments". Still, John Bright who coined
the epithet used it with reference to a land (England) rather than a parliament.7
In philosophy, the UK's supreme legislative power is devoted in the Crown-in-Parliament. Equally,
however, the crown acts on the advice of the Prime Minister and the forces of the House of Lords
have been reduced, de facto power is vested in the House of Commons.
2.2. The House of Commons (HOC)

The House of Commons, says Sydney Low, is the most remarkable public meeting in the world.
Its venerable antiquity, its inspiring history, its splendid traditions, its young feel and vigor, the
unrivaled influence it has exercised as the model of Parliament, its inseparableness with the verve
of the English nation, its place as the visible center and the working motor of our constitution, all
this makes it a singular place. Of the two Houses of the Parliament, the House of Commons is
indeed the most important and powerful chamber. When, once wrote Spencer Walpole, a
Minister consults Parliament, he confers with the House of Commons; when the Queen dissolves
Parliament, and she dissolves the House of Commons. A new Parliament of U.K. is simply a new
House of Commons. So, we shall start our study of the Parliament with the House of Commons
"Messers. Bright And Scholefield At Birmingham". The Times. 19 January 1865. p. 9.
not only because of its primacy but also because the position, functions and problems of the second
chamber, the House of Lords, cannot be properly understood until we realize the nature of the
House of Commons.
2.2.1. Functions of House of Commons

1. Representation
Once elected, MPs are expected to represent all of their constituents. MPs may also exemplify
'interests' such as trade unions, or specific professions, providing these interests are declared.
Almost all MPs signify political parties, and frequently vote according to the party line (the
whipping system).
2. Government Personnel
Although parliament does not appoint the government, it offers a forum in which potential
ministers can exhibit and enhance their political skills, while serving ministers can make or decay
their career dependent on their act at the Commons' dispatch box.
3. Legitimization
Identified as the 'core crucial function' of the House of Commons (Norton, 2001: 313), the
legitimization function permits the elected assembly, moving on the people's behalf, to grant (or
withhold) its approval for most actions of the regime, including legislation and the grant of money.8
4. Scrutiny of the Executive
As governments tend to enjoy large parliamentary majorities, Parliamentary approval is seldom
withheld. Nonetheless, the House of Commons plays a significant role in scrutinizing the policies
and activities of the government, in discussions, parliamentary questions and inside the influential
cross-party select committees.9
Bhagwan Vishnoo, Bhushan Vidya, World Constitutions: A Comparative Study, Sterling Publishers Pvt. Ltd.,
New Delhi, 2010, pp. 164-168.
9
Ibid, at p. 172.
8
2.3. House of Lords (HOL)

The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House
of Commons, it meets in the Palace of Westminster.10
Unlike the elected House of Commons, utmost members of the House of Lords are appointed.11
The membership of the House of Lords is made up of the Lords Spiritual and Lords Temporal.
The Lords Spiritual are 26 bishops in the well-known Church of England.12 Of the Lords Temporal,
the majority are life peers who are appointed by the monarch on the recommendation of the Prime
Minister, or on the advice of the House of Lords Appointments Commission. However, they also
comprise of some hereditary peers.13 Membership was formerly a prerogative of all hereditary
peers, other than those in the peerage of Ireland, but underneath the House of Lords Act 1999, the
right to membership was limited to 92 hereditary peers.14 Very few of these are female since most
hereditary peerages can only be inherited by men.15
While the House of Commons has a defined 650-seat membership, the number of members in the
House of Lords is not fixed. There are currently 814 sitting Lords. The House of Lords is the only
upper house of any bicameral parliament to be larger than its respective lower house.16
The House of Lords analyzes bills that have been approved by the House of Commons.17 It
regularly reviews and amends Bills from the Commons.18 While it is not able to prevent Bills
passing into law, except in certain inadequate circumstances,19 it can delay Bills and force the
Commons to reevaluate their decisions.20 In this capacity, the House of Lords acts as a check on
10
"Quick Guide to the House of Lords". Parliament of the United Kingdom. Retrieved 8 November 2011.
"Conventions: Joint Committee". Parliamentary Debates (Hansard). House of Lords. 25 April 2006.
12
"Companion to the Standing Orders and guide to the Proceedings of the House of Lords". May 2010. Retrieved 1
July 2011.
13
"House of Lords Appointments Commission website". 8 February 2011. Retrieved 1 July 2011.
14
"House of Lords briefing paper on Membership: Types of Member, Routes to membership, Parties & groups".
Parliament of the United Kingdom. Retrieved 1 July 2011.
15
Adonis, Andrew (1993). Parliament Today (2nd ed.). p. 194.
16
Alan Siaroff, Comparing Political Regimes, University of Toronto Press 2013, chapter 6.
17
"What individual Lords do". Parliament of the United Kingdom. Retrieved 29 January 2012.
18
"Guide to the House of Lords". BBC Democracy Live. 31 May 2011. Retrieved 29 January 2012.
19
UK Parliament. Parliament Act 1911 as amended (see also enacted form), from legislation.gov.uk. s.2 exempts
bills extending the life of a Parliament from the restrictions on the Lords' powers to delay bills, while s.6 excludes
Provisional Order bills.
20
Carmichael, Paul; Dickson, Brice (1999). The House of Lords: Its Parliamentary and Judicial Roles. Hart Publishing.
p. 16.
11
the House of Commons that is liberated from the electoral process.21 Bills can be presented into
either the House of Lords or the House of Commons. Members of the Lords may also take on
characters as government ministers. The House of Lords has its own backing services, separate
from the Commons, containing the House of Lords Library.
The Queen's Speech is delivered in the House of Lords during the State Opening of Parliament. In
addition to its role as the upper house, until the establishment of the Supreme Court in 2009, the
House of Lords, through the Law Lords, acted as the ultimate court of appeal in the British judicial
system.22 The House also has a Church of England role, in that Church Measures must be reserved
within the House by the Lords Spiritual.
2.3.1. Functions of House of Lords

1. Legislative Functions
The legislative function of the House of Lords is a scrutiny one. The role of the House of Lords in
this ability is to read and debate bills which have by this time passed through the House of
Commons. If the Commons have sanctioned them there is a good chance that the bill will at the
end of the day become law.
But the House of Lords can scrutinize these bills and highlight any parts which they have any
concerns with. They can also suspend a bill from passing into law although the House of Commons
can override this after a definite period of time has lapsed.
2. Law Making Function

The second major function of the House of Lords is in law. A group of Lords are known as law
Lords. They sit as the supreme court of appeal the highest court of law in the country.
Hypothetically, anyone who believes they have been the victim of a miscarriage of justice can take
21
Feldman, David (31 March 2011), The Constitutional Reform Process (Written Evidence submitted to the House of
Lords Select Committee on the Constitution), Cambridge, United Kingdom: Faculty of Law, University of Cambridge,
p. 21, retrieved 29 January 2012.
22
pp. 4041.
their plea to the Law lords, although because the significance of cases only a hardly any of cases
which pass by the UKs courts each year end up with the Law Lords.
3. Select Committees
The third function of the House of Lords is to assemble on select committees. These select
committees incorporate a wide range of functions and subjects. The Lords then discuss the rights
and wrongs of whatsoever the subject is and make23 a proclamation on it. The Lord in charge of a
select committee or an enquiry into Government affairs will often have a report named after them
which becomes part of the vernacular of the particular phase.
One prominent example is the Hutton Enquiry the report which was released subsequent to the
death of Dr. Kelly and the purported sexing up24 of a Government database. These are the types
of things which the lords investigate and make announcements on.
The Lords are not straight away elected as MPs are. They are picked in a variety of ways it used
to be that their posts were heritable and were passed down from father to son and so on. This has
largely been banned to make the system fairer. Hereditary peerage, as they can be stated to, can be
awarded by retiring Prime Ministers and in the Queens honours.25
There were also a certain people who are generally awarded peerages at the completion of their
tenure in other characters such as the speaker of the House of Commons.26 Whatever manner they
are elected as Lords, one thing is for assured that the state of the House of Lords is bound to change
in the near future.
23
Alan Siaroff, Comparing Political Regimes, University of Toronto Press 2013, chapter 6.
"Guide to the House of Lords". BBC Democracy Live. 31 May 2011. Retrieved 29 January 2012.
24
p. 16
25
UK Parliament. Parliament Act 1911 as amended (see also enacted form), from legislation.gov.uk. S.2 exempts
bills extending the life of a Parliament from the restrictions on the Lords' powers to delay bills, while s.6 excludes
Provisional Order bills.
26
"What individual Lords do". Parliament of the United Kingdom. Retrieved 29 January 2012.
23
Chapter 3
Indian parliament
3.1. About Indian parliament

Ours is a representative Democracy. Parliament and the President are our Representatives at the
Centre. They are constitutionally obliged to mirror the ambitions, aspirations and the dreams of
the people of India.27 They should endeavor to secure for our citizens, Justice-social, economic
and political; Liberty of thought, expression, faith, belief and worship, Equality of status and
opportunity and foster fraternity through constitutionally valid measures. Indian Parliament is a
creature of our Constitution.28 So, its powers and functions are those which the Constitution
proposes or has provided for. Therefore, it is wrong to describe our Parliament as Sovereign. In
its own scope of activity, it may be supreme. But, its counter- part in England is fully sovereign
and the Doctrine of Sovereignty of Parliament operates there. . It may be noted that England does
not have a written Constitution as we do have. In theory, the English Parliaments Powers are quite
prodigious. In the absence of a written Constitution, the limitations the British Parliament suffers
from, cannot be easily nor comprehensively catalogued.29 So, it is argued that it can make or
unmake any law. The sour joke, to depict the British Parliaments vast law-making power, is that
the only thing it cannot do is to transform a man into a woman or a woman into a man. But, our
Parliament can exercise its powers subject to the restrictions our Constitution inflicts and by
following the procedure given in the Constitution. For example, it cannot make a law which
imposes unreasonable restrictions on citizens Fundamental Rights, like, Freedom of Speech and
Expression, Freedom of Assembly, Freedom of Association, to mention a few, guaranteed under
Art.19. Again, in the exercise of its power to amend the Constitution, our Parliament cannot
terminate the basic or the fundamental or the essential or the paramount features of our
Constitution. Some of the Basic or Fundamental Features30 piercing out by our Supreme Court are;
27
Indian Parliament, Our Parliament, http://www.parliamentofindia.nic.in/ls/intro/p1.htm, last accessed on

04/10/2013.
28
Khanna, H.R., Making of Indias Constitution, Eastern Book Company, Lucknow, 2009, pp. 56-88.
29
Book Trust, New Delhi, 2014, pp. 2-7., at p.6.
30
Ibid, at p.23.
The Fundamental Rights The Directive Principles of State Policy Doctrine of Separation of
Powers, Rule of Law, Judicial Review (For illustrative purposes only).
3.2. Council of States (RAJYA SABHA)

The Rajya Sabha is to consist of not more than 250 members. Of these, 12 are selected by the
President for their special knowledge31 or practical experience in such matters as literature,
science, art and social service. The remaining seats are allotted to the various States and Union
territories, roughly in fraction to their population; each State is, however, represented by at least
one member. The total number of seats in the Rajya Sabha at present is 245, including 12 members
nominated by the President.32
The representatives of each State in Rajya Sabha are elected by the elected members of the
Legislative
Assembly
of
the
State
in
accordance
with
the
system
of proportionate representation by means of single transferable vote. The representatives of the

Union territories are elected in such manner as Parliament may by law prescribe. The minimum
age for membership of the House is 30 years.33
The Rajya Sabha is not matter of dissolution, but as nearly as probable, one-third of its members
retire as soon as may be on the termination of every second year in accordance with the provisions
made in that behalf by Parliament by law. The ordinary term of office of a member of Rajya Sabha
is six years from the date of election or nomination.34
3.2.1. Functions of Rajya Sabha
1. Legislative Powers
In the scope of ordinary law-making, the Rajya Sabha enjoys equal powers with the Lok Sabha.
An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless passed
Prof. Jain, M.P., Indian Constitutional Law, LexisNexis, Nagpur, 2015, pp. 565-570.
Ibid, at p. 572.
33
Basu Durga Das, Introduction to Constitution of India, LexisNexis, Nagpur, pp. 335-340.
34
Rai Kailash, Constitutional Law of India, Central Law Publications, New Delhi, pp. 67-72.
31
32
by it. In case of a deadlock between the two Houses of Parliament over an ordinary bill35 and if it
remains unresolved for six months, the President can summon a joint sitting of the two Houses for
deciding the deadlock.
This joint sitting is presided over by the Speaker of the Lok Sabha. If the bill is passed in the joint
sitting, it is sent to the President for his assent36. But if the deadlock is not resolute, the bill is
deemed to have been killed.
2. Financial Powers
In the financial scope, the Rajya Sabha is a weak House. A money bill cannot be introduced in the
Rajya Sabha. It can be introduced only in the Lok Sabha. A money bill passed by the Lok Sabha
comes before the Rajya Sabha for its deliberation. However, if within a period of 14 days, the
Rajya Sabha fails to pass the bill37, the bill is taken to have been passed by the Parliament
regardless of the fact whether the Rajya Sabha has passed it or not. If the Rajya Sabha recommends
some amendments and the bill is reverted to the Lok Sabha, it depends upon the Lok Sabha to
agree or discard the recommended modifications.
3. Executive Powers
The Union Council of Ministers is collectively accountable before the Lok Sabha and not the
Rajya Sabha. Lok Sabha alone can cause the collapse of the Council of Ministers by passing a
vote of no-confidence38.
Although the Rajya Sabha cannot remove the Ministry from its office yet the members of the Rajya
Sabha can exercise some control over the ministers by criticizing their policies, by asking questions
and additional questions, and by moving adjournment motions. Some of the ministers are also
35
Ibid, at p. 78.
Supra at p. 76.
37
38
36
taken from the Rajya Sabha. Now the Prime Minister can also be from Rajya Sabha if the majority
party in the Lok Sabha may elect/adopt him as its leader.39
4. Amendment Powers
Rajya Sabha and Lok Sabha can together amend the constitution by passing an amendment bill
with 2/3 majority in each House40.
5. Electoral Powers
The Rajya Sabha has some electoral powers also. The elected members of the Rajya Sabha along
with the elected members of the Lok Sabha and all the State Legislative Assemblies together elect
the President of India.41 The members of the Rajya Sabha Lok Sabha collectively elect the VicePresident of India. Members of the Rajya Sabha also elect a Deputy Chairman from amongst
themselves.
6. Judicial Powers
(a) The Rajya Sabha acting along with the Lok Sabha can impeach the President on charges of
violation of the Constitution.42
(b) The Rajya Sabha can also pass a special address for causing the removal of a judge of the
Supreme Court or of any High Court.43
(c) The charges against the Vice-President can be leveled only in the Rajya Sabha.44
Nariman Fali, S., The State of the Nation, LexisNexis, Nagpur, 2013, pp. 256-260.
Ibid, at p. 272.
41
42
43
Book Trust, New Delhi, 2014, pp. 55-59., at p. 57.
44
39
40
(d) The Rajya Sabha can pass a resolution for the removal of some high officers like the Attorney
General of India, Comptroller and Auditor General and Chief Election Commissioner.45
3.3. House of Peoples (LOK SABHA)

The Lok Sabha or the House of Peoples, as the name itself indicates, is composed of
representatives of the people elected by direct election on the basis of adult suffrage.46 The
maximum strength of the House envisaged by the Constitution is 552, upto 530 members to
represent the States, upto 20 members to represent the Union territories and not more than two
members of the Anglo-Indian Community to be nominated by the President if, in his opinion,47
that community is not sufficiently represented in the House. The total elective membership of the
House is distributed among the States in such a manner that the proportion between the number of
seats allotted to each State and the population of the State is, so far as attainable, the same for all
States.48 The qualifying age for membership of the Lok Sabha is 25 years. The Lok Sabha
at present consists of 545 members.
The Lok Sabha, unless rather dissolved, continues for five years from the date appointed for its
first meeting and the expiration of the period of five years operates as dissolution of the House.
However, while a Proclamation of Emergency is in operation, this period may be extended by
Parliament by law for a period not exceeding one year at a time and not exceeding in any
case beyond a period of six months after the Proclamation has ceased to operate.49
Following the first General Elections held in the country in 1952, the First Lok Sabha met for the
first time on 13 May 1952. The Second Lok Sabha met for the first time on 10 May 1957, the Third
Lok Sabha on 16 April 1962,50 the Fourth Lok Sabha on 16 March 1967, the Fifth Lok Sabha on
19 March 1971, the Sixth Lok Sabha on 25 March 1977, the Seventh Lok Sabha on 21 January
Ibid, at p. 574.
47
48
Supra, at p. 333.
49
http://lawmin.nic.in/ncrwc/finalreport/v2b3-1.htm, visited on 24th October 2015.
50
Functions of Lok Sabha, available at http://www.excellup.com/ClassEight/sseight/parliamenteight.aspx, visited on
25th October 2015.
45
46
1980, the Eighth Lok Sabha on 15 January 1985, the Ninth Lok Sabha on 18 December 1989, the
Tenth Lok Sabha on 9 July 199151, the Eleventh Lok Sabha on 22 May 1996, the Twelfth Lok
Sabha on 23 March 1998, the Thirteenth Lok Sabha on 20 October 1999 and Fourteenth Lok Sabha
on 2 June, 2004
.
3.3.1. Functions of Lok Sabha
1. Legislative Powers
An ordinary bill can become law only after it has been passed by both the Houses of Parliament.
It can be introduced either in the Lok Sabha or the Rajya Sabha. When a bill is introduced and
passed by the Lok Sabha, it is sent to the Rajya Sabha.52 After it has secured the approval of Rajya
Sabha, it goes to the President for his assent.
After this it becomes a law. Although ordinary bills can be introduced in either of the two houses
of Parliament, almost 90% of the bills are actually introduced in the Lok Sabha. In case the Rajya
Sabha rejects a bill passed by the Lok Sabha53 and returns it with or without some alterations, the
Lok Sabha reviews the bill.
If the Lok Sabha re-passes it and the Rajya Sabha is still not ready to pass it, a deadlock occurs. If
this deadlock remains unsettled for six months, the President summons a joint sitting of the two
Houses. The decision of the joint sitting is accepted by both the Houses.54
2. Executive Powers
For all its work, the Council of Ministers is collectively responsible before the Lok Sabha. The
leader of the majority in the Lok Sabha becomes the Prime Minister. Most of the ministers are
52
Functions and Role of Lok Sabha, available at http://www.yourarticlelibrary.com/constitution/lok-sabha-functionsand-position-of-the-lok-sabha/40340/, visited on 26th October 2015.
53
Ibid.
54
Supra.
51
from the Lok Sabha. The ministers stay in office so long as they enjoy the confidence of majority
in the Lok Sabha.55
The Lok Sabha can remove the ministry from office by passing a vote of noconfidence against
it. Thus, the life and death of the Ministry be subject to discretion of the Lok Sabha. The Lok
Sabha preserves a constant control over the Council of Ministers.56
MPs can ask questions from ministers about their policies and activities of administration. They
can criticize their policies. They can move and accept several types of resolutions and motions
(adjournment motion, call attention motion, censure motion and no-confidence motion) and can
discard any bill of the government.
If the Lok Sabha57:
i.
Rejects any policy or decision of the Cabinet,
ii.
Or disapproves the budget or a bill of the government, or
iii.
Passes a vote of noconfidence against the Prime Minister, it is. Taken to be a vote of noconfidence against the entire Council of Ministers and it resigns en masse.58
3. Financial Powers
The Lok Sabha has vast financial powers. A money bill can be introduced only in the Lok Sabha.
After having been passed by it, the money bill goes to the Rajya Sabha. Such a bill can be delayed
by the Rajya Sabha for a maximum period of 14 days.59
If the Rajya Sabha fails to pass a money bill and 14 days lapse from the date of the submission of
the bill to it, the money bill60 is deemed to have been passed by both the houses of Parliament. It
is sent to the President for his assent.
56
Ibid, at p. 59.
57
58
Ibid.
59
60
55
In case of any clash as to whether a particular bill is a money bill or not, the Speaker of the Lok
Sabha decide the matter. 61His decision is final and it cannot be challenged in any court or even in
the Rajya Sabha or the Lok Sabha. Thus, we can say that the Lok Sabha has the final control over
the finances of state.62 No tax can be levied or collected or altered or abolished without the approval
of the Lok Sabha. The economic policies of the government cannot be executed without the
consent of the Lok Sabha.
4. Judicial Powers
The Lok Sabha also performs some judicial functions. The impeachment proceedings can be taken
up against the President either in the Lok Sabha or the Rajya Sabha. The President can be removed
from office only when an impeachment resolution is adopted by each of the two Houses with a 2/3
majority of its members63.
The Lok Sabha also investigates the charges prepared by the Rajya Sabha against the VicePresident of India. The Lok Sabha and the Rajya Sabha64 can together pass a resolution for the
removal of any judge of the Supreme Court or of a State High Court65.
Both the Houses can jointly pass a special address and present it to the President for the removal
of some high officers of the state like the Attorney General 66, the Chief Election Commissioner
and the Comptroller and Auditor General of India. Lok Sabha can also take action against any
member or any citizen who is held to be guilty of committing contempt of the House67.
Ibid, at p. 272.
63
64
65
66
67
Functions of Lok Sabha, available at http://www.excellup.com/ClassEight/sseight/parliamenteight.aspx, visited on
25th October 2015.
61
62
5. Electoral Functions
The Lok Sabha also performs some electoral functions. The elected members of the Lok Sabha
take part in the election of the President.68 Members of the Lok Sabha and the Rajya Sabha together
elect the Vice-President of India. The members of the Lok Sabha also elect a Speaker and a Deputy
Speaker from amongst themselves.69
68
69
Supra, at p. 55.
Ibid.
Chapter 4
Comparative Analysis between British and Indian Parliamentary System
Though the Parliamentary system of India was adopted or taken from Britain Parliamentary
system, and due to that the functions or other powers are mostly same and based on equal footings.
But along there is some difference between both countries parliamentary system, which is
developed after the analysis of both Britain and Indian parliamentary system in this project.
1. House of Commons Versus Rajya Sabha (Council of States)
A. Electoral Functions
The House of Commons in Britain dont have electoral powers unlike Rajya Sabha in India, under
which the elected members of the Rajya Sabha along with the elected members of the Lok Sabha
and all the State Legislative Assemblies together elect the President of India. The members of the
Rajya Sabha, Lok Sabha together elect the Vice- President of India. Members of the Rajya Sabha
also elect a Deputy Chairman from amongst themselves.70
B. Judicial Functions
The House of Commons dont have judicial functions under their own authority, unlike Rajya
Sabha where71
a) The Rajya Sabha acting along with the Lok Sabha can impeach the President on charges
of violation of the Constitution.
b) The Rajya Sabha can also pass a special address for causing the removal of a judge of the
Supreme Court or of any High Court.
c) The charges against the Vice-President can be leveled only in the Rajya Sabha.
70
Supra, available at http://www.yourarticlelibrary.com/constitution/lok-sabha-functions-and-position-of-the-loksabha/40340/, visited on 26th October 2015.

71
Supra, at p. 257.
d) The Rajya Sabha can pass a resolution for the removal of some high officials like the
Attorney General of India, Comptroller and Auditor General and Chief Election
Commissioner.
2. House of Lords Versus Lok Sabha (House of the People)
A. Financial Functions
The House of Lords in Britain dont play any role in matters related to finance, unlike Lok Sabha
in India, where the Lok Sabha Lok Sabha has vast financial powers. A money bill can be
introduced only in the Lok Sabha.72 After having been passed by it, the money bill goes to the
Rajya Sabha. Such a bill can be delayed by the Rajya Sabha for a maximum period of 14 days.
If the Rajya Sabha fails to pass a money bill and 14 days elapse from the date of the submission
of the bill to it, the money bill is deemed to have been passed by both the houses of Parliament. It
is sent to the President for his signature.73
In case of any dispute as to whether a particular bill is a money bill or not, the Speaker of the Lok
Sabha gives the decision. His decision is final and it cannot be challenged in any court or even in
the Rajya Sabha or the Lok Sabha. Thus, we can any that the Lok Sabha has the final control over
the finances of state.74 No tax can be levied or collected or changed or abolished without the
approval of the Lok Sabha. The fiscal policies of the government cannot be implemented without
the consent of the Lok Sabha.75
B. Electoral Functions
In British Constitution, either of the House of parliament dont have any power to appoint Queen
of the Britain, unlike Indian Parliament, where the Lok Sabha also performs some electoral
72
Indian Parliament, Our Parliament, http://www.parliamentofindia.nic.in/ls/intro/p1.htm, last accessed on

04/10/2013.
73
74
Book Trust, New Delhi, 2014, pp. 2-7., at p.6
75
Ibid, at p.23.
functions.76 The elected members of the Lok Sabha take part in the election of the President.
Members of the Lok Sabha and the Rajya Sabha together elect the Vice-President of India. The
members of the Lok Sabha also elect a Speaker and a Deputy Speaker from amongst themselves.77
The Queen in England is immune from any removal or impeachment by the parliament, whereas
in India both the houses of parliament together with the majority voting can impeach the
followings:
a) The Rajya Sabha acting along with the Lok Sabha can impeach the President on charges
of violation of the Constitution.78
b) The Rajya Sabha along with Lok Sabha can also pass a special address for causing the
removal of a judge of the Supreme Court or of any High Court.79
c) The charges against the Vice-President can be leveled only in the Rajya Sabha.
d) The Rajya Sabha along with Lok Sabha can pass a resolution for the removal of some high
officers like the Attorney General of India, Comptroller and Auditor General and Chief
Election Commissioner.80
78
79
Ibid, at p. 272.
80
76
77
Chapter 5
Conclusion
After analyzing structure and functions of both the parliamentary system of Britain and India, I
have come to know how the Parliament of India is established and what are its powers and
functions. The Parliament of India consists of two houses - the Lok Sabha and the Rajya Sabha.
While we can legitimately proud of the reasonably successful working of Parliament during the
last five decades, Parliament is pertinent only as a dynamic institution ever regulating its functions
and ways to the changing needs of the times. If democracy and freedom are to sustain, if
representative institutions are to be made indestructible and if the new economic reforms and an
all-around effort at liberalization are to bear fruits, it is crucial to reinstate to Parliament and its
Members their traditional integrity and honour in the fondness of the people. Reforming the
Parliament in crucial respects is already a categorical authoritative. An integrated approach to
political and economic systems reforms is essential. No single reform can provide a phenomenon
cure. Also, parliamentary reforms cannot be affected in an urgency. We must progress with care
and caution and initiate by setting up a Parliamentary Reforms Commission or a Study of
Parliament Group exterior parliament as was done in United Kingdom hitherto the
procedural reforms. Lastly, of course, the Rules committee or a Special Procedure Committee of
the House should report on the matter.
Over the centuries, the English Parliament gradually limited the power of the English monarchy
which arguably culminated in the English Civil War and the hearing and execution of Charles I in
1649. After the reinstatement of the monarchy under Charles II, and the subsequent Magnificent
Revolution of 1688, the supremacy of Parliament was an established norm and all upcoming
English and future British sovereigns were limited to the role of constitutional monarchs with
limited executive authority. The Act of Union 1707 merged the English Parliament with the
Parliament of Scotland to form the Parliament of Great Britain. When the Parliament of Ireland
was bring to an end in 1801, its former members were amalgamated into what was now called the
Parliament of the United Kingdom.
Bibliography
Primary Sources
Statutes Referred:
Constitution of India
Constitution of Britain
Secondary Sources
Articles Referred:
Constitution of Britain and its Emergence in the world Legal System, available at
http://www.dajf.org.uk/wp-content/uploads/Presentation-by-Professor-G.W.-Jones-OBE.pdf,
visited on 25th October 2015.
Prof. Vishweshwaraiah, S.S., Parliament: Composition, Powers and Functions and State
Legislatures: Composition, Powers and Functions, available at
http://elearning.vtu.ac.in/P3/CIP71/8.pdf, visited on 26th October 2015.
Powers and Functions of Rajya Sabha, available at http://www.yourarticlelibrary.com/politicalscience/rajya-sabha-functions-and-powers-of-the-rajya-sabha/40342/, visited on 24th October
2015.
Powers and Functions of Lok Sabha, available at
http://www.yourarticlelibrary.com/constitution/lok-sabha-functions-and-position-of-the-loksabha/40340/, visited on 24th October 2015.
Introduction to UK Parliament, available at http://www.parliament.uk/education/about-yourparliament/introduction/, visited on 26th October 2015.
Books Referred:
Basu Durga Das, Introduction to Constitution of India, LexisNexis, Nagpur, 2014.
Bhagwan Vishnoo, Bhushan Vidya, World Consitution: A Comparative Study, Sterling
Publishers Pvt. Ltd., New Delhi, 2010.
Kashyap Subhash C., Our Constitution: An Introduction to Indias Constitution and
Constitutional Law, National Book Trust India, New Delhi, 2014.
Khanna, H.R., Making of Indias Constitution, Eastern Book Company, Lucknow, 2009
Nariman Fali, S., The State of the Nation, LexisNexis, Nagpur, 2013
Prof. Jain, M.P., Indian Constitutional Law, LexisNexis, Nagpur, 2012.
Rai Kailash, Constitutional Law of India, Central Law Publications, New Delhi, 2013.

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COMPARATIVE ANALYSIS OF FUNCTIONS OF BRITISH AND INDIAN

NATIONAL LAW UNIVERSITY, ASSAM

Certified that the project entitled COMPARATIVE ANALYSIS OF FUNCTIONS OF BRITISH

2. The British Parliament

3. The Indian Parliament

4. Comparative Analysis of Functions of British and Indian Parliamentary System.

A parliamentary system is a scheme of democratic governance of a land in which the executive

1.1. Literature Review

Kashyap Subhash C., Our Constitution: An Introduction to Indias Constitution and

Bhagwan Vishnoo, Bhushan Vidya, World Consitution: A Comparative Study,

1.2. Scope and Objectives

2. To determine the functions of Parliament of Britain

1.3. Research Questions

1.4. Research Methodology

2.1. About British Parliament

"Legislative Chambers: Unicameral or Bicameral?". Democratic Governance. United Nations Development

2.2. The House of Commons (HOC)

"Messers. Bright And Scholefield At Birmingham". The Times. 19 January 1865. p. 9.

2.2.1. Functions of House of Commons

2.3. House of Lords (HOL)

2.3.1. Functions of House of Lords

2. Law Making Function

3.1. About Indian parliament

Indian Parliament, Our Parliament, http://www.parliamentofindia.nic.in/ls/intro/p1.htm, last accessed on

3.2. Council of States (RAJYA SABHA)

of proportionate representation by means of single transferable vote. The representatives of the

3.2.1. Functions of Rajya Sabha

3.3. House of Peoples (LOK SABHA)

Rejects any policy or decision of the Cabinet,

Or disapproves the budget or a bill of the government, or

1. House of Commons Versus Rajya Sabha (Council of States)

Supra, available at http://www.yourarticlelibrary.com/constitution/lok-sabha-functions-and-position-of-the-loksabha/40340/, visited on 26th October 2015.

2. House of Lords Versus Lok Sabha (House of the People)

Indian Parliament, Our Parliament, http://www.parliamentofindia.nic.in/ls/intro/p1.htm, last accessed on

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