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(THE PARLIAMENT)
Origin
Meaning
Constitution of Parliament
Composition of Rajya Sabha
Duration of Rajya Sabha
Officers of Rajya Sabha
Composition of Lok Sabha
Duration of Lok Sabha
Officers Of Lok Sabha
Salaries and Allowances of Parliament
Qualification for Parliament
Disqualification for Parliament
Secretariat of Parliament
Termination of Parliament
Function of Parliament
Parliamentary Privileges
Supremacy of Indian Parliament
Anti-defection Law
THE PARLIAMENT
ORIGIN:
Derived from the medieval French word ‘talking’, (Parlement) it originally meant an
Appellate court (one of thirteen) in the pre-revolutionary French court system. The word was
adapted by the English who used it to refer to the council that the King was obliged (by a
clause in Magna Carta originally) to call to impose new taxes and which eventually became
the primary means of creating new Laws.
It consists (in the English and now British case) of two parts, the House of Commons and
House of Lords, with differing compositions and differing powers.
It was the inspiration for similar systems in other countries.1
MEANING:
In simple terms Parliament is an institution where elected representatives meets, create bill to
run country, discuss important issues, create check and balance on power of Government,
ensure proper utilization of finance.2
Article 79 of the Indian constitution provides: “There shall be a Parliament for the Union
which shall consist of the president and two houses to be known as the Council of States and
the house of people.”3
CONSTITUTION OF PARLIAMENT
India’s Parliament is Bicameral. The Lower House is designated as the ‘House of the People’
or Lok Sabha, and the Upper House as the ‘Council of States’ or Rajya Sabha. The two
Houses along with the President constitute Parliament [Art.79]. 4
1
About the history of Parliament, available at: https://historyofparliamentonline.org/about (Visited on September
16, 2018)
2
Narendar Kumar, Constitutional law of India 628 ( Allahabad Law Agency, Faridabad, 10 th edition)
3
The Constitution of India.
4
Supra note 2.
PARLIAMENT
The President though cannot be a member of either House, but, he is an integral part of the
Union Parliament. He has certain important functions to discharge in relation thereto, as for
example, he summons the houses, dissolve the Lok Sabha, gives assent to the Bills passed by
the two Houses, etc.5
The two Houses of Parliament in India differ from each other in many respects. They are
constituted on entirely different principles, and, from a functional point of view, they do not
enjoy a co-equal status.
The seats in the House are allotted among the various States and the Union Territories on the
basis of population, the formula being one seat for each million population for the first five
millions and thereafter one seat for every two million population or part thereof exceeding
one million. Proportionately larger representation has been given to the Union Territory of
Delhi in view of the fact that it has no local legislature of its own and Parliament itself
function as such.7
5
M.P. Jain, Indian Constitutional Law 703 (Lexis Nexis, 14th edition)
6
Supra note 3.
7
Basu Durga Das, Introduction to the Constitution of India 34 (LexisNexis, Gurgaon, 22 nd edition).
The allocation of seats in the House among the States and the Union territories is as follows
[Art.80 and the Fourth Schedule]:
Clause (4) of Article 80 provides that “the representatives of each State in the Rajya Sabha
shall be elected by the elected members of the Legislative Assembly of the State in
accordance with system of proportional representation by means of single transferable vote.
The representatives of the Union Territories are chosen in such manner as Parliament may by
law prescribe.8
According to Representation of the people Act (1951), term of office of a member shall be
six years and one third of its members vacate office every 2nd year and their positions are
filled by fresh elections at the beginning of every 3rd year.9
OFFICERS OF RAJYA SABHA- The Chairman and Deputy Chairman (Article 89 and
90):
8
Supra note 2 at 630
9
Supra note 2 at 633
Article 89(1), declares that the Vice President of India shall be ex-officio Chairman of the
Rajya Sabha.
There is no provision for the removal of the Chairman. He is the ex-officio holder of the
office. So long as he is the Vice-President, he shall hold the office of the chairman of Rajya
Sabha. If he ceases to be the Vice-President, he shall no more be the Chairman of the House.
The Deputy Chairman shall vacate his office if he ceases to be a member of the Rajya
Sabha.10
The Deputy Chairman may at any time, resign his office, by writing under his hand addressed
to the Chairman.11
The Deputy Chairman may be removed from his office by a resolution passed by the Rajya
Sabha by the majority of all the members of the House. However, no resolution for this
purpose shall be moved unless at least 14 days’ notice has been given of the intention to move
the resolution.12
Article 91 provides that while the office of the Chairman is vacant,13 or during any period
when the Vice-President is acting as, or discharging the functions of President, the duties of
the office of the Chairman shall be performed by the Deputy Chairman.
If the office of the Deputy Chairman is also vacant, then the duties of the office of the
Chairman shall be performed by such member of the Rajya Sabha as the President may
appoint for the purpose.
During the absence of the Chairman from any sitting of the House, the Deputy Chairman, or,
if he is also absent, such persons as may be determined by the rules of procedure of the house,
or if no such person is present, such other person as may be determined by the house, shall as
Chairman.14
10
Article 90(a)
11
Article 90(b)
12
Article 90(c)
13
It would be when the Vice president has resigned or been removed or died.
14
Articles 91(2)
Article 92 provides that the Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.
Lok Sabha is the popular Chamber and is directly elected by the people.
a) Not more than 530 members chosen by direct elections from territorial constituencies
in the States; and
b) Not more than 20 members to represent the Union Territories, chosen in such a
manner as Parliament may by law provide.15
The President can nominate not more than 2 members of the Anglo-Indian community if in
his opinion this community is not adequately represented in the house [Article 331].
Seats in the House are allotted to each state in such a way that, as far as practicable, the ratio
between the number of seats allotted to a state and its population is the same for all states
[Arts.81(2)(a) and Art. 81(3)]. This provision does not apply to a State having a population of
less than six millions [Provision to Art.81 (2)].
Officers of Lok Sabha: The Speaker and the Deputy Speaker [Articles 93, 94, 95 and 96]
Article 93 says that the Lok Sabha shall elect two of its member to be the Speaker and the
Deputy Speaker of the House. So often as the office of the Speaker or Deputy Speaker
15
Constitution of India
becomes vacant, the House shall elect another member to be the Speaker or the Deputy
Speaker, as the case may be.16
The Speaker is the chief officer of Lok Sabha. He presides at its sitting. His authority and
power arise from the fact that his powers are the powers of the House which the House has
committed to him for the convenience and practical purposes.
The Deputy Speaker performs the duties of the Speaker’s office when it is vacant. In case
Deputy Speaker’s office is also vacant, the Speaker’s duties are to be performed by such
member of the House as the President may appoint for the purpose till any of the offices is
filled by election by the House [Article 95(2)].
The Speaker and the Deputy Speaker are chosen by the House itself from amongst its
members [Article 93]
The Speaker and Deputy Speaker remain in office so long as they are members of the house
and they vacate their offices as soon as they cease to be its members [Article 94(a)]. The
Speaker or Deputy Speaker may resign his office by writing to each other [Article 94(b)].
Any one of them may be removed from his office by a resolution passed by a majority of all
the members of the House [Article 94(c)]. Such a resolution can be moved only after at least
fourteen days’ notice has been given of the intention to move it.
The Speaker and the Deputy Speaker are paid such salaries and allowances as are fixed by
Parliament by law, and until such a provision is made, as specified in the Second Schedule to
the Constitution [Article 97].
The office of the Speaker enjoys great prestige, position and authority within the house. He
has extensive power to regulate the proceedings of the House under its rules of procedure.
The ordinary interpretation of the procedural laws, rules and customs of the House is his
function and he allows no debate or criticism of his ruling except on a formal resolution. He is
responsible for the orderly conduct of its proceedings and maintains the discipline and order
in the house.
The Speaker has power to decide whether a bill before the House is a Money Bill or not
[Article 110(3)].
16
Supra note 2 at 644
The Speaker is much more than a merely a presiding officer of the House. He is the
representative and spokesman of the House in its collective capacity and is chief custodian of
its power and privileges. According to majority opinion in Kihota17
“The office of the Speaker is held in the highest esteem and respect in Parliamentary
traditions. The evolution of the institution of Parliamentary democracy has as its pivot the
institution of the Speaker. The Speaker holds a high, important and ceremonial office…the
Speaker is said to be the very embodiment of propriety and impartiality”.
17
AIR 1993 SC at 452 : 1992 Supp (2) SCC 651.
18
Supra note 7 at 62.
to be qualified for the membership of the Parliament must be registered as a voter in
any of the Parliamentary constituencies.
SECRETARIAT OF PARLIAMENT
(Article 98)
Each House has separate Secretarial staff of its own though there may be some posts common
to both the Houses. The terms of recruitment and conditions of service of persons appointed
to the secretarial staff of a House may be regulated by law by Parliament. Until such law is
made, the President may, after consultation with the Speaker of the Lok Sabha, or the
Chairman of the Rajya Sabha, as the case may be, make rules for the purpose. The rules so
made have effect subject to the provisions of any law which Parliament may make.19
TERMINATION OF PARLIAMENT
19
Narendar Kumar, Constitutional law of India 647 ( Allahabad Law Agency, Faridabad, 10th edition)
a)PROROGATION:
Prorogation of the house means the termination of the Session. A prorogation ends a Session.
After prorogation, if the house is to meet, it is to be summoned in Session by the President.
The period between the prorogation of the House and its reassembly in a new session is
termed as “recess”. The power to prorogue the House is vested with the president under
Article 85(2)(a).
b)ADJOURNMENT: Adjournment pertains to the sitting of the House. Adjournment does not
end the Session of the House. It merely suspends the sitting of the House. Thus, on
Adjournment, the House continues in Session.20 It is not to be re-summoned.
Adjournment motion: Adjournment motion is moved to discuss the definite matter of urgent
public importance.
c) DISSOLUTION:
Dissolution puts an end to the life of the House. It terminates the House. It leads to the
election of a new House. It is sometimes describes as a civil death of the House. On
dissolution of the House, general elections take place to constitute a new House.
The power to dissolve the House is with the President. It may be noticed that it is only Lok
Sabha which is subject to Dissolution.
If not dissolved earlier, the Lok sabha stands dissolved on the expiration of its tenure of five
years.21
FUNCTIONS OF PARLIAMENT
The prime function of Parliament is the making of laws. The other functions performed by the
Parliament are:
20
Om prakash chautala v. state of Haryana, Air 1998 P and H. 80.
21
Basu Durga Das, Introduction to the Constitution of India 79 (LexisNexis, Gurgaon, 22nd edition).
a. Legislative Functions:
The Parliament makes laws on all subjects listed in the Union List. It can also make laws on
subjects listed under the Concurrent List. In case there is any conflict or overlapping in the
provisions existing in the Union and State enactment, the Union law prevails. In cases when
an emergency has been declared, the Union Parliament can also make laws on subjects that
fall within the State List.
b.Financial Control:
Union Parliament has exclusive powers to provide ways and means through which revenue
has to be raised for public services. To that end it imposes taxes and also ensures that the
money sanctioned for expenditure to various departments of the Government has been spent
for the authorized purposes.
PARLIAMENTRY PRIVELEGES
With the view to enabling Parliament to act and discharge its high function effectively,
without any interference or obstruction from any quarter, without fear or favour, certain
privileges and immunities are attached to each House collectively, and to the members thereof
individually.
Parliamentary privileges are defined in Article 105 of the Indian Constitution. The members
of Parliament are exempted from any civil or criminal liability for any statement made or act
22
Functions of Parliament, available at: http://www.yourarticlelibrary.com/parliament/top-9-functions-of-the-
parliament-of-india-explained/32174, last visited on 19 September 2018.
done in the course of their duties. The privileges are claimed only when the person is a
member of the House. As soon as he ends to be a member, the privileges are said to be called
off. The privileges given to the members are necessary for exercising constitutional functions.
These privileges are essential so that the proceedings and functions can be made in a
disciplined and undisturbed manner.
In India Parliamentary privileges are available not only to the members of House but also to
those who, though not members of a House, are under the constitution entitled to speak and
take part in the proceedings of a House or any of its committees. These persons are Ministers
and the Attorney General.
Parliamentary Privileges can be classified into two broad categories:
1. Those that are enjoyed by each House of Parliament collectively, and
a) The Right to Publish debates and proceedings.
b) The right to exclude strangers and
c) The right to punish members and outsiders for breach of its privileges.
2. Those that are enjoyed by the members individually.
a) Freedom of Speech
b) Freedom from arrest and
c) Exemption from attendance as jurors and witnesses.
Freedom of Speech:
According to the Indian Constitution, the members of Parliament enjoy freedom of speech
and expression. No member can be taken to task anywhere outside the four walls of the House
(e.g. court of law) or cannot be discriminated against for expressing his/her views in the
House and its Committes.
The basic idea of extending this freedom being the necessity that every member would put
forward without fear or favour his/her arguments for or against any matter before the House.
23
K. Anandan Nambiar v. Chief Secretary, Govt. of Madras AIR 1966 SC 657
24
Pandit M. S. M. Sharma vs Dr. Shree Krishna Sinha, 1960 AIR 1186
of the publicly seen and heard proceedings that took place in the House or of that part of the
proceedings which had been directed to be expunged.
The right to punish members and outsiders for breach of its privileges:
The Parliament has been given punitive powers to punish those who are adjudged guilty of
contempt of the House. Such contempt can be committed by the members of any House or
any outsider. When a member of the House is involved for parliamentary misbehavior or
commits contempt he can be expelled from the House.
The right to regulate the internal affairs of the House: In Indian Union, each House is a High
court of Parliament. Therefore, the House has the right to regulate its internal affairs. A
member of the House is free to say whatever he likes subject only to the internal discipline of
the House or the Committee concerned.25
25
Parliamentary privileges, available at: http://www.thehansindia.com/posts/index/Young-Hans/2017-07-
17/Powers-and-privileges-of-Parliament-of-India/312931, last visited on 22 September 2018.
Appointments are made by chief justice of Supreme Court with the help of two senior judges
and in case of appointment of state High Court Judges with the advice of chief justice of state.
In this way Parliament has no say in appointment of judges.26
ANTI-DEFECTION LAW
What is the Anti-Defection Law?
The Tenth Schedule — popularly known as the Anti-Defection Act — was included in the
Constitution in 1985 by the Rajiv Gandhi ministry and sets the provisions for disqualification
of elected members on the grounds of defection to another political party.
The law was added via the 52nd Amendment Act, 1985, soon after the Rajiv government
came to power with a thumping majority in the wake of the assassination of prime minister
Indira Gandhi. The Congress had won 401 seats in the Lok Sabha.
What are the grounds for disqualification under the Anti-Defection Law's Articles 102 (2)
and 191 (2)?
a) If an elected member voluntarily gives up his membership of a political party;
b) If he votes or abstains from voting in such House contrary to any direction issued by his
political party or anyone authorized to do so, without obtaining prior permission.
As a pre-condition for his disqualification, his abstention from voting should not be condoned
by his party or the authorized person within 15 days of such incident.
26
Supremacy of Indian Parliament, available at: https://www.owlgen.com/question/mean-parliamentary-
sovereignty-india, last visited on 23 September 2018
Finally the 91st Constitutional Amendment Act, 2003, changed this. So now at least two-
thirds of the members of a party have to be in favour of a "merger" for it to have validity in
the eyes of the law. "The merger of the original political party or a member of a House shall
be deemed to have taken place if, and only if, not less than two-thirds of the members of the
legislature party concerned have agreed to such merger," states the Tenth Schedule.27
BIBILOGRAPHY
27
Anti-defection Law, available at: https://www.sansarlochan.in/en/anti-defection-law/, last visited on 25
September, 2018.
BOOKS
WEBSITES
https://historyofparliamentonline.org/about
http://www.yourarticlelibrary.com/parliament/top-9-functions-of-the-
parliament-of-india-explained/32174
http://www.thehansindia.com/posts/index/Young-Hans/2017-07-
17/Powers-and-privileges-of-Parliament-of-India/312931
https://www.owlgen.com/question/mean-parliamentary-sovereignty-india
https://www.sansarlochan.in/en/anti-defection-law/