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Parliament of India

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Parliament of India

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You are on page 1/ 31

PARLIAMENT IS MORE THAN PROCEDURE - IT IS THE

CUSTODIAN OF THE NATION'S FREEDOM


JOHN DIEFENBAKER
Parliament of India
Presented by
S.B. Lakshme Pavithraa
II MA History
215203111
Parliament of India
PARLIAMENT
Members
Qualification
Vacancy
Oath
Disqualification
Composition
Differences
Presiding officers

Contents
Leaders
Sessions

LOK SABHA
Powers and functions
Speaker Protem
Speaker
Dissolution

RAJYA SABHA
PARLIAMENT
Parliame
nt

6 years 2 or ⅓ Council House of


of States Represen
of the 5 years
1
tatives
members
retire every
year
Total - 250 12 Members Total -543 2 Anglo-
members238 nominated by Members elected Indians
members elected the President by the Universal nominat
by the State MLAs; for Adult Franchise ed by
229 represent contributions 530 from States, the
states, and 4 to art, science, And 13 from UTs. Presiden
represent UTs social service, t3
and so on.
Parliament
1. The Parliament is the legislative organ of the Union government. It occupies a pre-eminent and
central position in the Indian democratic political system due to the adoption of the parliamentary
form of government, also known as the ‘Westminster 1 model of government.’
2. Articles 79 to 122 in Part V of the Constitution deal with the organization, composition, duration,
officers, procedures, privileges, powers, and so on of the Parliament.
3. Under the Constitution, the Parliament of India consists of three parts, the President, the Council of
States, and the House of the people 2.
4. The President is a member of neither of the houses but is an integral part 3 of the two because a bill
passed by the House cannot become a law without President’s assent. He also summons and
prorogues both houses, dissolves Lok Sabha, issues ordinances, and so on.
Members of Parliament
QUALIFICATION :
Art 83 says, in order to be eligible to be chosen as a member, a person must

Be a citizen of India,
Be not less than 30 years of age for Rajya Sabha, and 25 years in the case of Lok Sabha.
VACATION OF SEATS:
A member shall be required to vacate his/her seat in a house if

he/she is elected to both the Houses of Parliament or to a House of State Legislature.


If the member does not resign the seat in the State Legislature, his/her seat in the House of Parliament may be declared
vacant.
If a member becomes subject to any disqualification or voluntarily resigns the seat
If the member fails to attend the house for more than 60 days without permission
OATH BY MEMBERS:
Disqualification of Members
He holds a profit-making office (within the Government of India or any State government) that is not
listed in the law of parliament.
If he is found to be mentally ill by a competent court,
If he is discovered to be an unsolved insolvent.
If he is not an Indian citizen, or if he has deliberately gained citizenship of another country, or if he has
pledged allegiance or commitment to another country.
If any law passed by Parliament disqualifies him.
If he resigns from his position by notifying the presiding officer of his decision.
If he is absent without giving the presiding officer notice for more than 60 days.
Disqualification on Grounds of The Anti-Defection law
Giving up one's membership in a political party voluntarily
Abstain from voting or acting in opposition to his or her political party's directives.
After being elected, he joins a political party.
If he or she is a nominated member and joins a political party after the six-month period has expired.
Composition of
Parliament
Lok Sabha
Rajya Sabha
Council of States and House of the people
BASIS OF
RAJYA SABHA LOK SABHA
DISTINCTION

Representation of Proportional representation by Directly elected by the


States means of single transferable vote1; people above 18 years2
on the basis of population3. from the territorial
constituencies.

Representation of Elected by the electoral college Direct Election to the House of


Union Territories specially constituted for the the People (Act of 1965).
purpose. 4

Duration First constituted in 1952 is a continuing Automatically dissolves in 5


chamber i.e., a permanent body. years from its 1st meeting.

Qualification Minimum of 30 years Minimum of 25 years


PRESIDING OFFICERS OF PARLIAMENT
1. Speaker of Lok Sabha
2. Deputy Speaker Of Lok Sabha if the Speaker is absent.
PANEL OF CHAIRPERSONS OF LOK SABHA - 10 Chairpersons
3. Chairman of Rajya Sabha (Vice-President).
4. Deputy Chairman of Rajya Sabha if the Chairman is
absent.
PANEL OF VICE CHAIRPERSONS OF RAJYA SABHA - Not More
than 6 chairpersons
5. Speaker Pro Tem of Lok Sabha to preside over the first
session of the new Lok Sabha.
Leaders in the Parliament
1. Leaders of the Houses 1:
The leader of the house is an important functionary and exercises direct influence on
the conduct of business.
He can also nominate a deputy leader of the House.
Lok Sabha:
-> Prime Minister if he is a member of Lok Sabha
-> if not; a minister of Lok Sabha nominated by the Prime Minister
Rajya Sabha:
-> A minister and a member of Rajya Sabha nominated by the Prime Minister.
1. Leader of the Opposition :
2

The leader of the largest opposition party 3 must be having not less than 1/10 th seats
of the total strength of the House. In 1969 such an official leader was recognized for
the first time.
In a Parliamentary form of government, the leader of the opposition has a significant
role to play.
His main functions are to provide constructive criticism of the policies of the
government and to provide an alternative government.
1. Whip:

Every political party whether ruling or opposition has its own whip in Parliament. He
is appointed by the political party to serve as an assistant floor leader.
He is charged with the responsibility of ensuring the attendance of his party
members in large numbers and securing their support in favor of or against a
Present-day officers
and leaders of the
Parliament
Speaker 1
of Lok SabhaVP of India and Chairman of Rajya Sabha
Deputy Chairperson of Rajya Sabha

Om Birla Jagdeep Dhankar Harivansh Narayan Singh

Leader of Lok Sabha Leader of Rajya Sabha Leader of Opposition -RS 2

PM Narendra Modi Piyush Goyal Mallikarjun Kharge


Sessions
Sessions:
A session of Parliament is the period spanning between the first sitting of a House and its
prorogation(dissolution in LS).
During a session, the house meets every day to transact business. 1
There 3 sessions every year,
Budget session from February to May;
Monsoon session from July to September;
Winter session from November to December.
Summoning:
The President from time to time summons each House to meet. But the maximum gap between two
sessions cannot be more than 6 months.
The Parliament should meet at least twice a year.
Adjournment:
A session of Parliament consists of many meetings. Each meeting of a day consists of two sittings, that
is, a morning sitting from 11 am to 1 pm and post-lunch from 2 pm to 6 pm.
A sitting of Parliament can be terminated by adjournment or adjournment sine die 2or prorogation or
dissolution.
An adjournment suspends the work in a sitting for a specified time, which may be hours, days, or weeks.
Sessions
Adjournment Prorogation
Only terminates a sitting not the session of the house Not only terminates a sitting but also a session of the
House

Done by the presiding officer of the House Done by the President of India

Does not affect the bills or any other business pending It also doesn’t affect the bills, however,all pending
before the House, and the same can be resumed notices lapse on prorogation and fresh notices
when the house meets again.
have to be given for the next session. 1

Quorum 2:
The minimum number of members required to be present in the House before it
can transact any business.
It is one-tenth of the total number of members including the presiding officer.
If there is no quorum during a meeting of the House, it is the duty of the presiding
officer either to adjourn the House or to suspend the meeting until there is a
quorum.
Lok Sabha
1
Members

Art 81 (2) (a) states that the ratio between the number of sets allotted to each state and the
population of the state is, so far as possible, the same for all states. Population for this purpose is
the population ascertained in the 1971 census. Per the 84th Amendment, the 1971 census is used
and will continue to be used until 2026. 2

Seats are reserved for the SCs and STs in Lok Sabha state-wise on the basis of population ratios. 3
In January 2020, the Anglo-Indian reserved seats in the Parliament and State Legislatures of India
were abolished by the 104th Constitutional Amendment Act, 2019. 4
When a Proclamation of Emergency is in force, the term of Lok Sabha can be extended by
Parliament for a period not exceeding 1 year at a time and not exceeding in any case a period of 6
months after the proclamation has ceased to operate (Art 83).
Powers and Functions
The Lok Sabha has more powers than the Rajya Sabha on account of its greater numerical strength.
Lok Sabha can make any law along with the Rajya Sabha in Union and Concurrent Lists. Sometimes it can make law in
the State List.
All the financial bills are initiated in the Lok ‘Sabha’ and not in the Rajya Sabha.
Members of both the Houses of Parliament can put questions to ministers about the work of their departments, the Lok
Sabha being more powerful as the Council of Ministers is responsible to the Lok Sabha. Adjournment motion, indicating
strong disapproval of the policy of the Government is moved only in Lok Sabha.
In a Parliamentary form of government, the most important function of a lower House is “Control over the Executive”.
The Lok Sabha shares the power of impeaching the President for violation of the constitution with the Rajya Sabha, and
the power of removing the judges of the Supreme Court or High Courts by an address to the President if supported by the
majority of the total membership.
Motions of No-Confidence against the government can only be introduced and passed in the Lok Sabha.
SPEAKER PROTEM
Protem is a Latin word meaning, “for the time being.”
Need:

The speaker of the Lok Sabha/legislative assembly vacates the office immediately before the first
meeting of the newly elected house.
So, the President/governor appoints the member of the Lok Sabha as the pro-tem
speaker to preside over the sittings of the newly elected house.
Usually, the senior member of the house is made the pro-tem speaker.
The President himself administers the oath to the Speaker Pro Tem.
Duties :
1.

1. The Pro-tem Speaker presides over the first sitting of the Lok Sabha and administers the oath of
office to the newly elected MPs as he/she has all the powers of the Speaker.
2. To enable the house to conduct the vote for the speaker.
Speaker
The Speaker represents the full authority of the House, whereas the members of Parliament represent the individual
constituencies.
The Office of the Speaker symbolizes the dignity, honor, and power of the House over which he/she is presiding.
The Speaker is considered as the true guardian of the traditions of parliamentary democracy.
The activities/actions of the Speaker are under scrutiny in the House, and he/she can’t overlook any aspect of
parliamentary life.
The Office of the Speaker has been given a very high position (Seventh Rank) in the Warrant of Precedence in India,
positioned along with the Chief Justice of India and next only to the President, the Vice-President, and the Prime
Minister. He/she has a higher rank than all cabinet ministers.
The Speaker doesn’t vacate his/her office immediately whenever the Lok Sabha is dissolved but continues till the first
meeting of the newly elected Lok Sabha.
When the Lok Sabha is dissolved, the Speaker ceases to be a member of the house, but he/she doesn’t vacate
his/her office.
Dissolution
A dissolution ends the very life of the existing House, and a new House is constituted after
general elections are held.
Rajya Sabha, being a permanent House, is not subject to dissolution. Only the Lok Sabha
is subject to dissolution.
The dissolution of the Lok Sabha may take place in either of two ways:

1. Automatic dissolution: On the expiry of its tenure – five years or the terms as
extendedduring a national emergency.
2. Order of President: If President is authorized by CoM, he can dissolve Lok Sabha,
even before the end of the term. He may also dissolve Lok Sabha if CoM loses
confidence and no party is able to form the government. Once the Lok Sabha is
dissolved before the completion of its normal tenure, the dissolution is irrevocable.
Rajya Sabha
Chairman
Rajya Sabha is a permanent body and is not subject to dissolution.
The Vice President of India is the ex-officio Chairman of Rajya Sabha.
The House also elects a Deputy Chairman from among its members. Besides, there is also a panel of "Vice
Chairmen" in the Rajya Sabha.
The senior-most minister, who is a member of Rajya Sabha, is appointed by the Prime Minister as Leader of
the House.
The chairman of Rajya sabha sometimes serves as the “Presiding Officer” of the Parliament. The chairman
has power over everything related to passing any bills.
The chairperson has the right to explain the rules and regulations of the Indian constitution. On the other
hand, the chairperson also plays a role as the principal spokesperson of the Indian parliament.
He can be removed as the chairman of Rajya Sabha only when he is removed from the seat of Vice-President
of India.
While the resolution is moved, he can’t preside over the house as chairman, though he can be a part of the
house, and speak in the house.
DIFFERENCE BETWEEN SPEAKER AND
CHAIRMAN
BASIS OF DISTINCTION SPEAKER OF LOK SABHA CHAIRMAN OF RAJYA SABHA

Membership necessarily a member of Lok Vice President of India is the ex


Sabha officio chairman and not a
member of any houses

First Official G.V.Mavalankar Dr. Radhakrishnan

Resignation to Deputy Speaker to the President of India

Vote Can vote in the first instance and Cannot vote in the first instance
in times of tie. and can only vote in times of
equality
SALARIES AND ALLOWANCES

1. Member of either House of Parliament is 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 pensions to the members since 1978.
2. In 1954, the Parliament enacted the Salaries, Allowances, and Pension of Members of Parliament
Act. Besides they are provided with traveling facilities, free accommodation, telephone, vehicle
advance, medical facilities, and so on.
3. In 2018,
a. the salary of members was increased from ₹50,000 to ₹100,000 per month,
b. the constituency allowance from ₹45,000 to ₹70,000 per month, and
c. the office expenses allowance from ₹45,000 to 60,000 per month.
4. In 2010, the daily allowance was increased from ₹1000 to ₹2000 each day of residence on duty.
5. The Salaries and allowances of the Speaker and Deputy Speaker of Lok Sabha, and the Chairman,
and Deputy Chairman of Rajya Sabha are also determined by the Parliament. They are charged to
the Consolidated Fund of India and thus are not subject to the annual vote of Parliament.
Difference between deputy chairman and deputy speaker
BASIS OF DISTINCTION DEPUTY CHAIRMAN DEPUTY SPEAKER
Role He presides the upper house whenever The Deputy Speaker performs the duties
given-below conditions arise: of the Speaker’s office when it is vacant.
Seat of chairman falls vacant The Deputy Speaker has one special
When Chairman/Vice-President has to act privilege, that is, whenever he/she is
as President appointed as a member of a
When Chairman is absent from the parliamentary committee, he/she
sitting automatically becomes its chairman.
The parliamentary convention for the
Republic of India states, for the Deputy
Speaker to come from the Opposition
benches.
Removal He can be removed by a resolution passed He/she is removed by a resolution passed by
by a majority of all the members of the Rajya a majority of all the then members of the Lok
Sabha Sabha. Such a resolution can be moved only
after giving 14 days’ advance notice.
Membership Member of the Upper House Member of the Lower House
Vote When he presides as the chairman, he Like the Speaker, they also get to cast the
too cannot vote in the first instance but deciding vote if there is a tie during voting
can exercise casting vote in case of a tie. within Parliament or between both houses.
When Chairman is present in the house,
Deputy Chairman is an ordinary member
in the house and can speak, participate
in proceedings and even vote in the
questions of house
References
1. Laxmikant, M, “Indian Polity,” McGraw Hill,

Chennai, 2020.

2. Saxena, A.K., “Constitutional History of

India,” ABD Publishers, Jaipur, 2019, p.

155,156, 163-180.

20XX presentation title


thank you

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