Parliament and the Legislative System

Definition and Nature

Parliament: The supreme legislative body of India consisting of the President and two Houses - Lok Sabha and Rajya Sabha. It is the primary institution for lawmaking, financial control, and executive accountability.

Constitutional Basis:

• Articles 79-123 (Lok Sabha and Rajya Sabha structure and functioning)
• Articles 245-263 (Legislative powers and federal distribution)

Significance:

• Highest authority for lawmaking (subject to Constitution)
• Holds executive accountable through debates, questions, motions
• Controls finances through budget approval
• Makes constitutional amendments (with 2/3 majority)
• Represents people through elected representatives

Bicameral Structure

Lok Sabha (House of the People - Lower House)

Composition (Article 81):

• 545 members total
• 530 elected from states (proportional to population)
• 13 Union Territory members (appointed)
• 2 Anglo-Indian members (nominated by President if underrepresented)

Qualifications:

• Indian citizen
• Minimum 25 years of age
• Registered voter
• Not convicted of crime (with specific exceptions)
• No conflict of interest

Term:

• 5 years
• Can be dissolved before term expires
• Fresh elections held

Powers (Article 110):

• Money Bills: Only Lok Sabha can introduce money bills
• Confidence Motion: Can remove PM through no-confidence motion
• Appropriation: Must approve government spending
• Exclusive Powers: Some powers belong to Lok Sabha alone

Officers:

• Speaker: Presides, maintains order, decides questions
• Deputy Speaker: Assists Speaker

Rajya Sabha (Council of States - Upper House)

Composition (Article 80):

• Maximum 250 members
• 238 elected from states and union territories (proportional to population)
• 12 nominated by President from arts, science, literature, social service

How Members Elected:

• Indirect election (elected by State Legislative Assemblies, not directly by people)
• Elections use proportional representation

Term:

• 6 years
• Continuous existence (never dissolved)
• 1/3 members retire every 2 years (rotating membership)

Qualifications:

• Indian citizen
• Minimum 30 years of age
• Voter of state/UT or resident
• No conflict of interest

Powers (Article 109):

• Can initiate most bills (except money bills)
• Veto power on Non-Money Bills: Can delay by 6 months
• Constitutional Amendments: Participates equally with Lok Sabha
• Impeachment: Can impeach President or judges

Officers:

• Chairman: Vice-President of India (ex-officio)
• Deputy Chairman: Elected from members

Comparison: Lok Sabha vs. Rajya Sabha

Functions of Parliament

Legislative Functions

Bills and Laws:

• Parliament makes all laws except where Constitution reserves power to states
• Bills go through three readings (introduction, general discussion, detailed)
• Need simple majority for ordinary bills
• Need 2/3 majority for constitutional amendments

Types of Bills:

1. Government Bills: Introduced by government
2. Private Members' Bills: Introduced by MPs
3. Money Bills: Only Lok Sabha can introduce
4. Constitutional Amendment Bills: Need special procedure

Executive Functions

Executive Accountability:

• Question Hour: Ministers answer questions from MPs (first hour of sitting)
• Supplementary Questions: MPs ask follow-up questions
• Starred Questions: Oral answers; allow supplementary questions
• Unstarred Questions: Written answers only
• Short Notice Questions: Asked with shorter notice period

Debates:

• MPs debate government policies
• Can criticize government
• Government defends its position

Motions:

• No-Confidence Motion (Lok Sabha only): MPs can remove PM/government
• Confidence Motion: Government can demand confidence vote
• Adjournment Motion: Discuss urgent matter
• Cut Motion: Cut government budget to pressure on policy

Impeachment (Rajya Sabha role):

• President can be impeached
• Judges can be impeached
• Procedure: 1/4 members give notice, 2/3 of both houses required to impeach

Financial Functions

Budget Process:

1. Presentation (February): FM presents annual budget
2. General Discussion: Parliament debates budget priorities
3. Detailed Examination: Discussed item-by-item
4. Guillotine (if time expires): Unexamined items voted on without discussion
5. Appropriation Bill: Passed to allocate funds
6. Finance Bill: Passed to implement tax changes

Money Bills (Article 110):

• Only government can introduce
• Must originate in Lok Sabha
• Rajya Sabha can discuss for 14 days
• If Rajya Sabha rejects, Lok Sabha can pass again and it becomes law
• President must assent (no veto power)

Supplies: Parliament controls all government spending through voting demands

Parliamentary Procedures

Question Hour:

• First 60 minutes of sitting
• MPs ask questions; ministers answer
• Allows public scrutiny
• Supplementary questions allow deeper probing

Zero Hour:

• After Question Hour
• MPs raise matters of public importance
• No questions asked; MPs make statements
• Government responds