(b) Union Legislature:
Lok Sabha and Rajya Sabha: Organization and Functions; Law making process; Parliamentary Committees; Parliament’s control over Executive; Privileges and immunities of Parliament and its Members.
PARLIAMENT OF INDIA
Introduction
The Parliament of India is the supreme legislative authority of the Union government. It plays a central role in the functioning of the democratic system by making laws, representing the people, controlling the executive, and discussing national issues.
The Constitution establishes Parliament under Articles 79–122 in Part V of the Constitution.
According to Article 79, Parliament consists of three components:
- The President of India
- The Council of States (Rajya Sabha)
- The House of the People (Lok Sabha)
Thus, Parliament is a bicameral legislature, meaning it has two houses.
The bicameral structure ensures:
- balanced representation
- thorough discussion of legislation
- protection of federal principles.
While Lok Sabha represents the people directly, Rajya Sabha represents the states of the Indian Union.
BICAMERAL LEGISLATURE IN INDIA
India adopted the bicameral system based on several considerations.
Reasons for Bicameralism
- Federal structure – States need representation at the national level.
- Checks and balances – Two Houses prevent hasty legislation.
- Representation of experts – Rajya Sabha includes nominated members with special knowledge.
- Deliberative body – Upper House provides opportunity for detailed debate.
Thus, bicameralism strengthens democratic governance.
LOK SABHA (HOUSE OF THE PEOPLE)
Introduction
The Lok Sabha is the lower house of Parliament and represents the people of India directly. It is the most powerful house because the executive government is responsible to it.
The Lok Sabha is sometimes referred to as the popular chamber since its members are elected directly by citizens through universal adult franchise.
COMPOSITION OF LOK SABHA
The maximum strength of the Lok Sabha is 552 members, as provided in the Constitution.
This includes:
- 530 members representing the states
- 20 members representing Union Territories
- 2 members from Anglo-Indian community (nominated by the President)
However, the 104th Constitutional Amendment (2020) abolished the Anglo-Indian nomination.
Currently, the Lok Sabha has 543 elected members.
Members are elected from territorial constituencies based on population.
ELECTION OF MEMBERS
Members of Lok Sabha are elected through direct elections using the system of universal adult franchise.
Every citizen above 18 years of age has the right to vote.
The election follows the first-past-the-post system, meaning the candidate receiving the highest number of votes wins.
QUALIFICATIONS FOR MEMBERSHIP
According to Article 84, a person must fulfill the following qualifications:
- Must be a citizen of India
- Must be at least 25 years old
- Must possess qualifications prescribed by Parliament
- Must not hold an office of profit under the government.
TENURE OF LOK SABHA
The normal term of the Lok Sabha is five years.
However, it may be:
- dissolved earlier by the President on the advice of the Prime Minister.
During National Emergency, the term may be extended by one year at a time.
OFFICERS OF LOK SABHA
The Lok Sabha has two principal presiding officers:
Speaker
The Speaker is the presiding officer of the Lok Sabha and ensures orderly conduct of proceedings.
Deputy Speaker
The Deputy Speaker performs duties in the absence of the Speaker.
POWERS OF THE SPEAKER
The Speaker holds significant authority.
Major powers include:
- Presiding over meetings of Lok Sabha
- Maintaining order during debates
- Deciding whether a bill is a Money Bill
- Interpreting rules of procedure
- Allowing motions and resolutions.
The Speaker plays an essential role in ensuring smooth functioning of Parliament.
FUNCTIONS OF LOK SABHA
Lok Sabha performs several important functions.
Legislative Functions
Lok Sabha participates in the law-making process along with Rajya Sabha.
However, in the case of Money Bills, Lok Sabha has greater authority.
Executive Control
The Council of Ministers is collectively responsible to the Lok Sabha.
The government must retain majority support in Lok Sabha to remain in power.
Lok Sabha exercises control through:
- Question Hour
- No-confidence motion
- Adjournment motion.
Financial Functions
Lok Sabha has exclusive powers in financial matters.
Key financial powers include:
- introduction of Money Bills
- passing of the Union Budget.
Rajya Sabha can only make recommendations.
Electoral Functions
Lok Sabha participates in elections of:
- President of India
- Vice-President of India.
Constitutional Functions
Parliament participates in constitutional amendments, which must be approved by both Houses.
RAJYA SABHA (COUNCIL OF STATES)
Introduction
The Rajya Sabha is the upper house of Parliament and represents the states of the Indian Union.
It is often referred to as the Council of States because its members represent the states rather than the general population.
Rajya Sabha is considered a permanent house because it is not subject to dissolution.
COMPOSITION OF RAJYA SABHA
The maximum strength of Rajya Sabha is 250 members.
This includes:
- 238 members representing states and union territories
- 12 nominated members appointed by the President.
The nominated members are selected from fields such as:
- literature
- science
- art
- social service.
Currently, Rajya Sabha has 245 members.
ELECTION OF MEMBERS
Members representing states are elected by elected members of State Legislative Assemblies.
The election follows the system of proportional representation by single transferable vote.
This ensures representation of different political parties.
TENURE OF RAJYA SABHA
Rajya Sabha is a permanent body.
However:
- one-third of its members retire every two years.
Each member serves a six-year term.
This system ensures continuity in parliamentary functioning.
OFFICERS OF RAJYA SABHA
Chairman
The Vice-President of India is the ex-officio Chairman of Rajya Sabha.
Deputy Chairman
Rajya Sabha elects a Deputy Chairman from among its members.
FUNCTIONS OF RAJYA SABHA
Rajya Sabha performs several important functions.
Legislative Functions
Rajya Sabha participates in law-making along with Lok Sabha.
Ordinary bills must be passed by both Houses.
Federal Representation
Rajya Sabha protects the interests of states.
It ensures that state perspectives are considered in national legislation.
Special Powers
Rajya Sabha enjoys certain special powers.
Article 249
Rajya Sabha can authorize Parliament to make laws on subjects in the State List if it passes a resolution supported by two-thirds majority.
Article 312
Rajya Sabha can create All India Services if it passes a special resolution.
DIFFERENCE BETWEEN LOK SABHA AND RAJYA SABHA
| Feature | Lok Sabha | Rajya Sabha |
| Nature | Lower House | Upper House |
| Representation | People | States |
| Election | Direct election | Indirect election |
| Tenure | 5 years | Permanent body |
| Financial powers | Greater powers | Limited powers |
| Executive responsibility | Government responsible | No direct control |
ROLE OF PARLIAMENT IN DEMOCRACY
Parliament performs several essential functions in democratic governance.
Law Making
Parliament enacts laws necessary for governance.
Representation
Members represent the interests of citizens and states.
Executive Accountability
Parliament ensures that the government remains accountable to the people.
Policy Discussion
Important national issues are debated in Parliament.
SIGNIFICANCE OF BICAMERAL PARLIAMENT
The bicameral system provides several advantages.
- Prevents hasty legislation
- Provides opportunity for detailed debate
- Protects federal principles
- Ensures representation of diverse interests.
CHALLENGES FACED BY PARLIAMENT
Despite its importance, Parliament faces several challenges.
Disruptions
Frequent disruptions reduce productivity.
Decline in Debate Quality
Political polarization sometimes affects meaningful discussions.
Executive Dominance
Strong governments may dominate parliamentary proceedings.
LEGISLATIVE PROCEDURE IN PARLIAMENT
Introduction
One of the most important functions of the Indian Parliament is law-making. The legislative procedure refers to the process through which a proposal becomes a law after being debated and approved by Parliament.
In India, laws are made through Bills introduced in either House of Parliament. Once a bill passes through various stages and receives the assent of the President, it becomes an Act of Parliament.
The legislative process in India is designed to ensure careful deliberation, transparency, and democratic participation. It involves discussion in both Houses of Parliament and allows members to debate, amend, and scrutinize proposed legislation.
TYPES OF BILLS IN PARLIAMENT
Bills introduced in Parliament can be classified into different categories depending on their nature and subject matter.
1. Ordinary Bills
Ordinary bills deal with matters other than financial issues. These bills can be introduced in either House of Parliament.
Examples include laws related to education, environment, health, and social welfare.
2. Money Bills
Money Bills deal exclusively with financial matters such as taxation, borrowing of money, and expenditure from the Consolidated Fund of India.
According to Article 110, a bill is considered a Money Bill if it deals with:
- imposition or abolition of taxes
- regulation of government borrowing
- custody of the Consolidated Fund of India
- appropriation of money from the Consolidated Fund.
Money Bills can be introduced only in the Lok Sabha.
3. Financial Bills
Financial Bills deal with financial matters but are different from Money Bills.
There are two types:
- Financial Bill (Category A) – similar to Money Bills but includes additional provisions.
- Financial Bill (Category B) – deals with expenditure from the Consolidated Fund but does not fall strictly under Money Bill definition.
4. Constitutional Amendment Bills
These bills are introduced to amend provisions of the Constitution under Article 368.
Such bills require special majority in Parliament.
STAGES OF LAW-MAKING PROCESS
Every bill passes through several stages before becoming law.
These stages include:
- Introduction of the bill
- First reading
- Second reading
- Third reading
- Passage in the other House
- Presidential assent.
INTRODUCTION OF THE BILL (FIRST READING)
The first stage of the legislative process is the introduction of the bill.
The member introducing the bill seeks permission of the House to introduce it.
Bills may be introduced by:
- a minister (Government Bill)
- a private member (Private Member Bill).
After introduction, the bill is published in the Official Gazette.
This stage is also known as the First Reading.
SECOND READING
The second reading is the most important stage of the legislative process because detailed discussion takes place.
It consists of three sub-stages.
General Discussion
In this stage, the principles and objectives of the bill are discussed by members.
Members debate the overall policy and purpose of the legislation.
Committee Stage
After the general discussion, the bill may be referred to a Parliamentary Committee for detailed examination.
Committees examine the bill clause by clause and may suggest amendments.
This stage ensures thorough scrutiny of legislation.
Consideration Stage
After the committee submits its report, the bill returns to the House for detailed consideration.
Members may propose amendments to various provisions of the bill.
Each clause is debated and voted upon.
THIRD READING
In the third reading, the bill is put to vote.
Debate is limited to whether the bill should be passed.
If the majority of members vote in favor, the bill is considered passed in that House.
PASSAGE IN THE OTHER HOUSE
Once a bill is passed by one House, it is sent to the other House of Parliament.
The second House may:
- Pass the bill without amendments
- Pass the bill with amendments
- Reject the bill
- Keep the bill pending.
If the second House passes the bill without amendments, it is sent to the President for assent.
DEADLOCK BETWEEN THE HOUSES
Sometimes disagreement may arise between the two Houses regarding a bill.
This situation is known as deadlock.
Deadlock may occur when:
- One House rejects the bill.
- The Houses disagree on amendments.
- The second House delays the bill for more than six months.
JOINT SITTING OF PARLIAMENT
To resolve deadlocks, the Constitution provides for joint sitting of both Houses under Article 108.
The joint sitting is presided over by the Speaker of the Lok Sabha.
In a joint sitting, the bill is passed by simple majority of members present and voting.
However, joint sittings are rare.
They have been used only a few times in Indian history.
PRESIDENTIAL ASSENT
After the bill is passed by both Houses, it is sent to the President for assent.
The President has several options:
- Give assent to the bill.
- Withhold assent.
- Return the bill for reconsideration (except Money Bills).
If the Parliament passes the bill again, the President must give assent.
Once assent is granted, the bill becomes an Act of Parliament.
MONEY BILL PROCEDURE
Money Bills follow a special legislative procedure.
Introduction
Money Bills can be introduced only in the Lok Sabha and require the recommendation of the President.
Role of Rajya Sabha
After passing in Lok Sabha, the bill is sent to Rajya Sabha.
Rajya Sabha can:
- suggest amendments
- return the bill within 14 days.
However, Lok Sabha may accept or reject these recommendations.
If Rajya Sabha does not return the bill within 14 days, it is considered passed.
Speaker’s Certification
The Speaker of Lok Sabha decides whether a bill is a Money Bill.
This decision is final.
BUDGET PROCEDURE
The Union Budget is the most important financial statement presented annually in Parliament.
The Budget outlines:
- government revenue
- government expenditure.
The Budget process includes several stages.
Presentation of Budget
The Finance Minister presents the Budget in Lok Sabha.
General Discussion
Members discuss the overall economic policy of the government.
Voting on Demands for Grants
Each ministry presents its demand for funds.
Lok Sabha votes on these demands.
Appropriation Bill
After approval of demands, an Appropriation Bill is introduced to authorize expenditure.
Finance Bill
The Finance Bill implements taxation proposals.
PRIVATE MEMBER BILLS
Bills introduced by members who are not ministers are called Private Member Bills.
Such bills provide opportunities for MPs to propose legislative ideas.
However, very few Private Member Bills become law.
IMPORTANCE OF THE LEGISLATIVE PROCESS
The legislative procedure plays an essential role in democracy.
It ensures:
- transparency in law-making
- accountability of government
- participation of representatives.
Through debates and committee scrutiny, Parliament ensures that laws reflect public interest.
CRITICISM OF THE LEGISLATIVE PROCESS
Despite its importance, several challenges exist.
Decline in Parliamentary Debate
Sometimes bills are passed without adequate discussion.
Ordinance Route
Frequent use of ordinances reduces parliamentary scrutiny.
Party Discipline
Strong party discipline may limit independent debate.
PARLIAMENTARY COMMITTEES
Introduction
The functioning of Parliament involves a vast range of legislative, financial, and administrative responsibilities. However, because Parliament meets for limited periods and deals with a large number of issues, it is not always possible for the entire House to examine every matter in detail. To address this challenge, Parliamentary Committees have been established.
Parliamentary Committees are smaller groups of Members of Parliament (MPs) appointed to examine specific matters in detail and report their findings to Parliament. These committees perform an important role in assisting Parliament in its legislative, financial, and supervisory functions.
Parliamentary Committees are often described as the “mini-Parliament” because they carry out detailed examination of issues that cannot be adequately addressed during parliamentary debates.
NEED FOR PARLIAMENTARY COMMITTEES
Parliamentary committees are essential for several reasons.
Detailed Scrutiny of Legislation
Bills introduced in Parliament often contain complex provisions that require detailed examination. Committees analyze these provisions and suggest amendments.
Efficient Use of Parliamentary Time
Since Parliament has limited time, committees help reduce the workload by examining issues outside the House.
Expert Examination
Committees can consult experts, officials, and stakeholders to gain a deeper understanding of issues.
Accountability of the Executive
Committees examine government policies and expenditure, thereby ensuring executive accountability.
Thus, parliamentary committees strengthen the democratic functioning of Parliament.
CHARACTERISTICS OF PARLIAMENTARY COMMITTEES
Parliamentary committees possess certain distinctive features.
- They consist of Members of Parliament from both Houses.
- Members are usually nominated by the Speaker of Lok Sabha or Chairman of Rajya Sabha.
- Committees work in a non-partisan manner, allowing detailed discussions without political confrontation.
- They submit reports and recommendations to Parliament.
CLASSIFICATION OF PARLIAMENTARY COMMITTEES
Parliamentary committees can be broadly classified into two categories:
- Standing Committees
- Ad Hoc Committees
1. STANDING COMMITTEES
Standing committees are permanent committees that continue to function regularly.
These committees are constituted annually or periodically.
Standing committees include:
- Financial Committees
- Departmental Standing Committees
- Committees to inquire and investigate
- Committees to scrutinize and control
- Housekeeping committees.
FINANCIAL COMMITTEES
Financial committees play an important role in examining government expenditure and ensuring financial accountability.
The three main financial committees are:
- Public Accounts Committee (PAC)
- Estimates Committee
- Committee on Public Undertakings
PUBLIC ACCOUNTS COMMITTEE (PAC)
The Public Accounts Committee examines government expenditure and ensures that money granted by Parliament is used appropriately.
Composition
The committee consists of 22 members:
- 15 members from Lok Sabha
- 7 members from Rajya Sabha.
The Chairperson is usually from the opposition party, which strengthens impartial scrutiny.
Functions
Major functions include:
- examining reports of the Comptroller and Auditor General (CAG)
- ensuring that government expenditure conforms to parliamentary approval
- detecting cases of financial irregularities.
Thus, PAC acts as the guardian of public finances.
ESTIMATES COMMITTEE
The Estimates Committee examines budget estimates and suggests ways to improve efficiency in government expenditure.
Composition
The committee consists of 30 members, all from Lok Sabha.
Functions
Key functions include:
- examining estimates included in the budget
- suggesting alternative policies for efficient administration
- identifying areas where expenditure can be reduced.
The Estimates Committee is often called the “Economy Committee” because it promotes financial efficiency.
COMMITTEE ON PUBLIC UNDERTAKINGS
This committee examines the functioning of public sector enterprises.
Composition
The committee consists of 22 members:
- 15 from Lok Sabha
- 7 from Rajya Sabha.
Functions
Its functions include:
- examining reports of public sector companies
- evaluating performance and management
- ensuring efficient functioning of government enterprises.
DEPARTMENTAL STANDING COMMITTEES
The Departmentally Related Standing Committees (DRSCs) were introduced in 1993 to strengthen parliamentary oversight over government departments.
Currently, there are 24 departmental standing committees.
Composition
Each committee consists of 31 members:
- 21 members from Lok Sabha
- 10 members from Rajya Sabha.
Functions
These committees perform several important functions:
- examine demands for grants of ministries
- review government policies
- scrutinize bills referred to them.
These committees enable Parliament to conduct detailed examination of government activities.
COMMITTEES TO INQUIRE AND INVESTIGATE
Certain committees are established to examine specific issues or conduct investigations.
Examples include:
- Committee on Petitions
- Committee of Privileges
- Ethics Committee.
COMMITTEE ON PETITIONS
This committee examines petitions submitted by citizens regarding public grievances.
It ensures that citizens’ concerns are addressed by Parliament.
COMMITTEE OF PRIVILEGES
This committee examines cases involving breach of parliamentary privilege.
Parliamentary privileges are special rights granted to MPs to perform their duties without interference.
ETHICS COMMITTEE
The Ethics Committee ensures ethical conduct among Members of Parliament.
It investigates cases of misconduct by MPs.
COMMITTEES TO SCRUTINIZE AND CONTROL
These committees supervise the functioning of government departments.
Examples include:
- Committee on Subordinate Legislation
- Committee on Government Assurances.
COMMITTEE ON SUBORDINATE LEGISLATION
This committee examines rules and regulations made by the executive under delegated legislation.
It ensures that such rules conform to the authority granted by Parliament.
COMMITTEE ON GOVERNMENT ASSURANCES
This committee monitors promises made by ministers in Parliament and ensures that they are fulfilled.
HOUSEKEEPING COMMITTEES
Housekeeping committees deal with internal matters of Parliament.
Examples include:
- Business Advisory Committee
- Rules Committee
- Committee on Absence of Members.
BUSINESS ADVISORY COMMITTEE
This committee determines the time allocation for parliamentary business.
It ensures smooth scheduling of debates and legislative work.
RULES COMMITTEE
This committee reviews and suggests changes to the rules of procedure of Parliament.
AD HOC COMMITTEES
Ad hoc committees are temporary committees created for a specific purpose.
They cease to exist after completing their assigned task.
Examples include:
- Select Committees on Bills
- Joint Parliamentary Committees (JPC).
SELECT COMMITTEES
Select committees examine specific bills in detail before they are passed.
JOINT PARLIAMENTARY COMMITTEES (JPC)
Joint Parliamentary Committees consist of members from both Houses of Parliament.
They are formed to investigate important national issues.
Examples include:
- Bofors investigation committee
- 2G spectrum investigation committee.
IMPORTANT PARLIAMENTARY COMMITTEES (TABULAR LIST)
Financial Committees
| Committee | Members | Key Function |
| Public Accounts Committee | 22 | Examines CAG reports and government expenditure |
| Estimates Committee | 30 | Suggests improvements in government expenditure |
| Committee on Public Undertakings | 22 | Examines functioning of public sector enterprises |
Departmentally Related Standing Committees
| Feature | Details |
| Total Committees | 24 |
| Members per Committee | 31 |
| Lok Sabha Members | 21 |
| Rajya Sabha Members | 10 |
| Major Role | Examine ministry demands and policies |
Committees to Inquire and Investigate
| Committee | Function |
| Committee on Petitions | Examines public petitions |
| Committee of Privileges | Investigates breach of parliamentary privileges |
| Ethics Committee | Ensures ethical conduct of MPs |
Committees to Scrutinize and Control
| Committee | Function |
| Committee on Subordinate Legislation | Examines delegated legislation |
| Committee on Government Assurances | Monitors promises made by ministers |
Housekeeping Committees
| Committee | Function |
| Business Advisory Committee | Allocates time for parliamentary business |
| Rules Committee | Reviews rules of procedure |
| Committee on Absence of Members | Examines absence of MPs |
SIGNIFICANCE OF PARLIAMENTARY COMMITTEES
Parliamentary committees play a vital role in strengthening democracy.
Detailed Legislative Scrutiny
Committees carefully examine bills and suggest improvements.
Financial Accountability
Financial committees ensure transparency in government expenditure.
Executive Oversight
Committees monitor the functioning of government departments.
Expert Consultation
Committees consult experts, which improves the quality of legislation.
CHALLENGES FACED BY COMMITTEES
Despite their importance, parliamentary committees face certain limitations.
Limited Public Awareness
Committee discussions are not widely publicized.
Non-binding Recommendations
Committee recommendations are advisory in nature.
Political Influence
Party politics sometimes affects committee functioning.
CONCLUSION
Parliamentary committees are an indispensable part of the legislative system in India. They provide a mechanism for detailed examination of legislation, financial scrutiny, and executive accountability.
By enabling thorough discussion and expert analysis, committees enhance the efficiency and effectiveness of Parliament. Thus, parliamentary committees contribute significantly to the functioning of democratic governance and responsible government in India.
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