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Indian Parliament ( Article 79 - 122; Part V ) (Rajya Sabha (Composition,…
Indian Parliament ( Article 79 - 122; Part V )
3 Parts
President of India ( Refer Legislative Functions of President)
Rajya Sabha
Lok Sabha
Proximity to British Model
Britain : Parliament = Crown + House of Lords + House of Commons ( Similar to Indian System )
America : Congress ( Parliament ) = Senate (Upper House) + House of Representatives (Lower House) ( Unlike Indian system, American President inst an integral part of Congress)
Rajya Sabha
Composition
Total - 245 members
Representatives of states - 238
Representatives of UTs - 04
Nominated by President - 12
Elections to RS
Representatives of states
Elected by 'Elected' members of state legislative assembly and election is held according to PR by the means of STV.
Seats are allotted to states on the basis of population. Thus, representation of states in RS is variable unlike in USA, where every state has equal representation in Senate ( 2 seats for 50 states each)
Representatives of UT
Elected by a 'Special Electoral Collage' formed for the said purpose. Only 2 UTs - Delhi (03) and Puducherry (01) have representation in RS as other UTs have very small population.
Nominated Members
President can nominate 12 persons to RS who have special knowledge and experience in myriad of areas. This provision is absent in American Senate.
Duration of Rajya Sabha
Continuing Chamber - permanent body and not subjected to dissolution
1/3 of members retire every year and the vacant seats are filled by fresh elections at the beginning of every third year. Retiring members are eligible for re- elections.
Term of the office of RS wasn't fixed by Constitution and so, RoPA, 1951 fixed the term of RS office at 6 years. Also, RoPA, 1951 allows the President to decide the order of retirement of members of RS.
Presiding Officers
Chairman
VP - ex officio Chairman of RS
When VP discharges the duties of President, he doesn't perform his functions as Chairman of RS
Removal
Only when he is removed as VP of India by absolute majority in RS followed by simple majority in LS
Difference with the office of Speaker in LS
Chairman cannot decide which bill shall be endorsed as money bill but Speaker can
Chairman does not preside over joint sitting of parliament but Speaker does
Chairman is not the the member of RS, ie, non- partisan person but Speaker is a member of LS or partisan person.
Chairman can not vote in the proceedings of RS when proceedings of his removal are underway but Speaker can vote in the proceedings of the LS in first instance even when proceedings for his removal are underway.
Deputy Chairman
He is elected to the office by the members of Rajya Sabha itself from among the members of RS
Vacancy
resignation letter to Chairman of RS
he vacates his RS seat
Resolution for his removal has been passed by RS with absolute majority.
Not sub- ordinate to President but is responsible to RS alone
can contribute only a Casting Vote and can not preside over sitting of RS during his removal proceedings.
Membership
Qualifications
Citizen of India
Age Limit
30 years for RS
25 years for LS
Posses other Qualifications as described by RoPA, 1951
He must be a registered elector for a parliamentary constituency in case of both the houses.
Also, a person contesting for the office of RS needn't necessarily be an elector in the state from which he has filled his candidature to RS. This provision was added in 2003 and SC upheld it's constitutionality in 2006.
He must be a member of SC/ST to contest for a seat reserved for SC/ST Category.
Vacating of Seats
Disqualification
unsound mind
undischarged insolvent- gone bankrupt but hasn't been freed of his liabilities by the court.
Not Indian citizen or voluntarily accepted foreign citizenship
On the Grounds of Defection under 10th Schedule
voluntary giving up the membership of the political party on whose ticket he won the election
doesn't respect individual responsibility under Article 75- abstains from voting or cross- votes
independent candidate joins a party after winning election
nominated member joins a political party 'AFTER THE EXPIRY OF 6 MONTHS'
Problems with implementation of Anti- Defection Law
Recent, KN incident where 13 INC- JD(S) MLAs resigned after winning elections to cause dissolution of the winning coalition to the advantage of BJP in KN
Role of speaker with respect to deciding the genuity of resignations and tenure of disqualification
Emphasis on 'look through procedure' rather than 'look at procedure'
Question of disqualification is decided by presiding officers of LS and RS and decision of presiding officers is subjected to Judicial Review (SC, 1992)
Partisan nature of Speaker of lower house
Office of profit
If a disqualified member is elected to parliament, then RoPA, 1951 enables the HC to declare the election void and the aggrieved can approach SC against HC order.
Double Membership - Prohibited by RoPA, 1951
if selected to 2 seats simultaneously, person must inform within 10 days about his preference out of 2 seats. By default, RS seat is considered vacated.
sitting member wins a seat, then his older seat is by default vacated
If a person contests on 2 seats, then he must inform about his preferred seat, otherwise both are considered vacated.
Resignation
By forwarding the resignation to presiding officer, one may vacate his seat, provided presiding officer accepts the resignation.
Absence
if one is absent for 60 days continuously, without informing the house.
Lok Sabha
Composition
Total - 545
Representatives of States - 530
Representatives of UTs - 20
Nominated Members - 02
Elections to LS
Territorial Constituencies:
Each states is divided into territorial constituencies and two types of parity are maintained
Parity between states:
Ratio of seats allotted to LS and Population of state is uniform across all states
Parity within the state:
Ratio of number of seats within a constituency and population of the constituency is uniform across all constituencies in the state.
Readjustment after every census (Article 82)
Article 82 mandates that, after every census, there must be a readjustment in seat allocation of states in Lok Sabha and seat allocation of constituency within the state.
42nd CAA,1976, froze the seat allocation in LS at 1971 level ( till 2026 by 84th CAA,2001) due to failed population control targets.
87th CAA,2003 provides for fixing of reserved seats for SC/STs on the basis of 2001 census (not for general seats)
Based on First Past the Post System (FPTP) and not PR system.
REASONS :
Difficulty to understand complicated PR system as literacy is still low in India
PR will allot seats to multiple parties in proportion of their secured votes. Too many parties will reduce stability envisaged in parliamentary system.
Highly expensive
No option for by- elections for single seat
Promotes sectarian interests and damages party system
Presiding Officers
Speaker
Speaker is elected by members of LS from among its own members and
date for election to the office of Speaker is decided by President.
Vacancy
If he ceases to be a member of LS
He resigns by writing to Deputy Speaker
Removed by absolute majority in LS and motion must be supported by at least 50 members
Whenever LS is dissolved, Speaker doesn't vacate his office and continues his office till newly elected LS is constituted.
Guardian of powers and privilege of members, house and it's committees.
His decision on all parliamentary matters is final.
Final interpreter of Indian Constitution, Rules of procedure and Conduct of Business, Parliamentary precedents, within the LS.
adjourn + prorogue the house in absence of QUORUM (= 1/10 of LS Strength)
Casting Vote
Presides over Joint Sitting
He endorses a bill as Money Bill and his decision is final (Eg. Aadhar Controversy)
Decides on the question of disqualification due to Defection under the 10th schedule and his decision can be sent for Judicial review
Parliamentary Committees of LS
Appoints Chairmen to all PCs of LS
Presides over 3 PCs in LS (ACRONYM- BGR)
Business Advisory Committee
Rules Committee
General Purpose Committee
Work and Conduct can't be discussed in LS
EXCEPT DURING SUBSTANTIVE MOTION
Unlike in Britain, Speaker in India is a Partisan person
Deputy Speaker
Elected by members of LS from amongst it's members itself
Date of election to the office of DS is decided upon by Speaker
Vacancy is on grounds similar to that of Speaker
He is automatically appointed as the chairman of the parliamentary committees of which he becomes a member.
The Speaker and Deputy Speaker, while assuming their offices, do not make/ subscribe to any oath
SESSIONS OF THE PARLIAMENT
Summoning
A SESSION is Summoned by President after RECESS
Maximum gap between 2 sessions= 6 months
Generally 3 sessions
Winter session
Monsoon Session
Budget Session
Adjournment
Session --> Meetings ---> 02 sitting each
An Adjournment SUSPENDS the work of a SITTING for a DEFINED PERIOD
If a sitting is SUSPENDED for INFINITE PERIOD, then it's known as ADJOURNMENT SINE DIE. A session is generally PROROGUED by PRESIDENT after ASD
Prorogation
After presiding officer declares ADJOURNMENT SINE DIE, president PROROGUES the SESSION. President can also prorogue before ASD.
Dissolution
President can dissolve LS and such an action ends the very life of LS and fresh erections have to be held to reconstitute a LS
Lapsing of pending bills - anything pending in LS and not passed by RS lapses