The Parliament of India
The Parliament of India
INDIA
NAME : ABHIJEET SHASHIKANT BHOSALE.
ROLL NO: 605 LLB - I
The Articles 79-122 in the Constitution deal with the
Parliament. They contain the organization,
composition, duration, officers, procedures, privileges
etc. related to the Parliament of India.
Article 79 states: “There shall be a Parliament for the
THE Union which shall consist of the President and two
PARLIAMENT Houses to be known respectively as the Council of
States and the House of the People.” Thus, the
OF INDIA Parliament has three parts- The President, Lok Sabha
and Rajya Sabha.
Lok Sabha is also known as Lower House and the
House of the People and the Rajya Sabha is known as
the Upper House and the Council of States.
The Parliament conducts sessions where debates on
policy, legislation etc. are carried out.
The Parliament is necessary for a representative
democracy where the grievances or issues of national
ROLE OF THE importance can be discussed and solutions can be
found for them.
PARLIAMENT The laws of the land originate from the parliament,
OF INDIA which is the supreme body responsible for the law
making procedure in India.
A well-functioning Parliament is necessary for good
governance of the country, however it is dependent on
the commitment of the Members of the Parliament.
The President is not a Member of either of the Houses.
PRESIDENT The Article 59 states that: “The President shall not be a
member of either House of Parliament or of a House of
AS A PART OF the Legislature of any State, and if a member of either
THE House of Parliament or of a House of the Legislature of
any State be elected President, he shall be deemed to
PARLIAMENT have vacated his seat in that House on the date on
which he enters upon his office as President.”
The legislative functions of the President:
Article 331- If the President is of the view that
the Anglo-Indian community is not adequately
PRESIDENT represented in the Lok Sabha (House of the
AS A PART OF People), he can nominate NOT more than 2
members belonging to the Anglo-Indian
THE community to the House.
PARLIAMENT There are certain bills on specified legislation
matters that require the previous sanction or
the recommendation of the President before
these bills are introduced in the Parliament.
Article 84 of the Constitution lays down the
qualifications for membership of Parliament. A person
to be qualified for the membership of the Parliament
should possess the following qualifications:
he must be a citizen of India and make and subscribe
before some person authorized in that behalf by the
Election Commission an oath or affirmation according
QUALIFICATIONS to the form set out for the purpose in the Third
Schedule to the Constitution;
he must be not less than 30 years of age in case of
Rajya Sabha and not less than 25 years of age in case of
Lok Sabha.
he must possess such other qualifications as may be
prescribed in that behalf by or under any law made by
Parliament.
Article 102 of the Constitution lays down that a person
shall be disqualified for being chosen as, and for being, a
member of either House of Parliament –
If he holds any office of profit under the Government of
India or the Government of any State, other than an office
declared by Parliament by law not to disqualify its holder;
DIS-
If he is of unsound mind and stands so declared by a
QUALIFICATION competent court; if he is an undischarged insolvent;
If he is not a citizen of India, or has voluntarily acquired
the citizenship of a foreign State, or is under any
acknowledgement of allegiance or adherence to a foreign
State;
If he is so disqualified by or under any law made by
Parliament.
The Presiding Officers of Rajya Sabha have the
responsibility to conduct the proceedings of the House
. The Vice-President of India is ex-officio Chairman of
PRESIDING Rajya Sabha. Rajya Sabha also chooses from amongst
OFFICERS - its members, a Deputy Chairman.
CHAIRMAN There is also a Panel of Vice-Chairmen in Rajya Sabha,
AND DEPUTY the members of which are nominated by the Chairman,
Rajya Sabha.
CHAIRMAN In the absence of the Chairman and Deputy Chairman,
a member from the Panel of Vice-Chairmen presides
over the proceedings of the House.
Article 249: If Rajya Sabha passes a resolution by a
majority of not less than two-thirds of members
present and voting saying that it is “necessary or
expedient in the national interest” that Parliament
should make a law on a matter enumerated in the State
SPECIAL List,
POWERS OF Parliament becomes empowered to make a law on the
subject specified in the resolution, for the whole or any
RAJYA SABHA part of the territory of India.
Such a resolution remains in force for a maximum
period of one year but this period can be extended by
one year at a time by passing a similar resolution
further.
The President is empowered to issue Proclamations:
[i] in the event of national emergency
[ii]in the event of failure of constitutional machinery in a State, or
[iii]in the case of financial emergency. Every such proclamation
SPECIAL has to be approved by both Houses of Parliament within a
POWERS OF stipulated period. Under certain circumstances, however, Rajya
Sabha enjoys special powers in this regard:
RAJYA SABHA If a Proclamation is issued at a time when Lok Sabha has been
dissolved or the dissolution of Lok Sabha takes place within the
period allowed for its approval, then the proclamation remains
effective, if the resolution approving it is passed by Rajya Sabha
within the period specified in the Constitution under articles 352,
356 and 360.
A Money Bill can be introduced only in Lok Sabha.
After it is passed by Lok Sabha, it is transmitted to
Rajya Sabha for its approval or recommendation.
The power of Rajya Sabha in respect of Money Bill is
limited. Rajya Sabha has to return such a Bill to Lok
RAJYA SABHA Sabha within a period of fourteen days from its receipt.
If it is not returned to Lok Sabha within that time, the
IN FINANCIAL Bill is deemed to have been passed by both Houses at
MATTERS the expiration of the said period in the form in which it
was passed by Lok Sabha
Again, Rajya Sabha cannot amend a Money Bill; it can
only recommend amendments and Lok Sabha may
either accept or reject all or any of the
recommendations made by Rajya Sabha.
Leader of the House is another functionary
who plays important role in the efficient and
smooth conduct of the business in the House.
The Leader of the House in Rajya Sabha is
normally the Prime Minister, if he is its member
or any Minister who is a member of the House
LEADER OF and is nominated by him to so function.
THE HOUSE The primary responsibility is to maintain
coordination amongst all sections of the House
for a harmonious and meaningful debate in the
House. For this purpose, he remains in close
contact not only with the Government but also
with the Opposition, individual ministers and
the Presiding Officer.
Lok Sabha is composed of representative of the people
chosen by direct election on the basis of adult suffrage.
The maximum strength of the House envisaged by the
Constitution is 552, up to 530 members to represent
the States, up to 20 members to represent the Union
Territories and not more than two members of the
COMPOSITION Anglo-Indian Community to be nominated by the
OF LOK SABHA President, if, in his opinion, that community is not
adequately represented in the House.
The total elective membership is distributed among
the States in such a way that the ratio between the
number of seats allotted to each State and the
population of the State is practicably the same for all
States.
Unlike Rajya Sabha, Lok Sabha has a fixed
term.
Lok Sabha, unless sooner dissolved, continues
for five years from the date appointed for its
TERM OF LOK first meeting.
However, while a Proclamation of Emergency
SABHA
is in operation, this period may be extended by
Parliament by law for a period not exceeding
one year at a time and not extending beyond a
period of six months after the proclamation has
ceased to operate.
Lok Sabha elects one of its own members
as its Presiding Officer and he is called
the Speaker.
PRESIDING He is assisted by the Deputy Speaker who
OFFICERS is also elected by Lok Sabha.
The conduct of business in Lok Sabha is
the responsibility of the Speaker.
Procedure for Passing of the Money Bills
The procedure for the passage of money
bill in the Parliament is distinct:
A money bill can be introduced /
MONEY BILL originated only in Lok Sabha {or in
legislative assembly in case of bicameral
legislature in states}.
A money bill can be introduced only on
prior recommendations of the President
{or governor in case of state}
THANK-YOU
FOR YOR ATTENTION.