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UNION LEGISLATURE PART-1 THE PARLIAMENT BY ATRISHEKHAR - Coggle Diagram

- - - - To provide equal representation to equal segments of a population.
      - Fair division of geographical areas so that one political party doesn’t have an advantage over others in an election.
      - To follow the principle of “One Vote One Value”.
      - PROCESS
        
        Under Article 82, the Parliament enacts a Delimitation Act after every Census.
        
        Under Article , 170(2) States also get divided into territorial constituencies as per Delimitation Act after every Census.
        
        Once the Act is in force, the Union government sets up a Delimitation Commission.
        
        The first delimitation exercise was carried out by the President (with the help of the Election Commission) in 1950-51.
        
        The Delimitation Commission Act was enacted in 1952.
        
        Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.
        
        There was no delimitation after the 1981 and 1991 Censuses.
      - Significance for Delimitation
        
        The uneven growth of population in different constituencies in different parts of the country as well as within the same state.
        
        Also, continuous migration of people / electorate from one place to another especially from rural areas to urban areas have resulted in strikingly different sizes of electoral constituencies even within the same State.
        
        So, after every census, a readjustment is to be made in:
        
        Allocation of seats in the Lok Sabha to the states
        
        Division of each state into territorial constituencies.
        
        However, the 42nd Amendment Act of 1976 froze the allocation of seats in the Lok Sabha to the states and the division of each State into territorial constituencies till the year 2000 at the 1971 level.
        
        Further, by the 84th Amendment Act of 2001, this ban on readjustment was extended for another 25 years (i.e., upto year 2026), without affecting the total number of seats based on the 1971 census.
        
        The 84th Amendment Act of 2001 also empowered the government to undertake readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 1991 census.
        
        Later, the 87th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of the 2001 census and not 1991 census.
        
        Delimitation of constituencies is carried out by the Simple Majority of Parliament.
        
        Also delimitation exercise cannot be questioned in any court.
    - - The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India.
        
        In the 2009 General elections, 499 out of total 543 Parliamentary constituencies were newly delimited constituencies.
        
        This affected the National Capital Region of Delhi, The Union territory of Puducherry and all other states except J&K, Arunachal Pradesh,Assam,Jharkhand,Manipur and Nagaland.
        
        Inadequate representation in Parliament
        
        • In 1971 population was 54 crores, represented by 543 MPs.
        
        • In 2011, population was 121 crores, still represented by 543 MPs.
        
        • In 2026, the population will be 140 crores, still represented by 543 MPs i.e. roughly 1 MP representing 25 lakh people.
        
        o 1 MP representing 25 lakh population diminishes the essence of representation.
        
        It also violates the principle of equal or uniform representation, as different constituencies show
        varying increases in population rise
        
        For e.g. In Malkajgiri constituency of Telangana, the MP
        represents 30 lakh people, whereas in Lakshadweep constituency, the MP represents 49,000
        
        Issues in increasing the number of seats in the parliament:
        
        o Managing a bigger house is going to be more difficult especially for the presiding officer.
        
        o Less adequate opportunities to speak and participate in parliament proceedings as the number of
        
        MPs increase.
        
        o It would result in more expense on elections.
        
        o Need to address the concerns of Southern states with respect to seat allocation vis-a-vis the
        
        Northern states based on population difference.
        
        o Hence, a simple increase in the number of seats would be insufficient. There is a need for internal i.e.
        
        intra-state delimitation among constituencies to ensure equal representation.
        
        • This issue is going to come up again in the future as 2026 is not far away.
        
        • In contrast, in the UK having a population of 6.5 crores, it is represented by 650 MPs in the House of Commons.
      - Composition:
        
        Retired Supreme Court judge
        
        Chief Election Commissioner
        
        Respective State Election Commissioners
        
        Functions:
        
        To determine the number and boundaries of constituencies to make population of all constituencies nearly equal.
        
        To identify seats reserved for Scheduled Castes and Scheduled Tribes, wherever their population is relatively large.
        
        In case of difference of opinion among members of the Commission, the opinion of the majority prevails.
        
        The Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court.
        
        Challenges with Delimitation
        
        States that take little interest in population control could end up with a greater number of seats in Parliament. The southern states that promoted family planning faced the possibility of having their seats reduced.
        
        In 2008, Delimitation was done based on the 2001 census, but the total number of seats in the Assemblies and Parliament decided as per the 1971 Census was not changed.
        
        The constitution has also capped the number of Lok Shaba & Rajya Sabha seats to a maximum of 550 & 250 respectively and increasing populations are being represented by a single representative.
    - - Inadequate sittings
        
        The number of days for which the Parliament sits has come down drastically
        
        Some commissions have recommended codifying the requirement of minimum number of sittings in a year minimum 120 days for Lok Sabha and 100 days for Rajya Sabha
        
        A major problem in this context is that the ruling party has complete discretion as to the timing and duration of the session.
        
        Another suggestion can be the UK and USA model. In the UK and USA, the annual calendar of session is preset and pre-announced and nobody has the right to alter it.
        
        The ruling party has very little discretion in deciding the timing and duration of the session.
        
        Secondly, Parliament should be convened if there is a written notification from a certain percentage of MPs (25 or 30%)
      - Disruption of Parliament
        
        Ruling parties after PM Nehru have used their brute majorities sometimes to suppress the voice of opposition, leaving nothing to the opposition but to use unparliamentary methods like disrupting the Parliament, storming the well of the house, protesting, slogan shouting,
        walking out, etc. As a result, many sessions got washed out.
        
        The 15th Lok Sabha during the term of UPA-11 was the most disrupted in the history of the Parliament. & 16th was no better
      - Opposition's allegations
        
        They have no role in deciding rules under which discussions should be held. (Rule 184, Rule 193, Adjournment Motions)
        
        Adopting House of Commons convention, which mandates that in any given year there should be a certain minimum day of Parliamentary sittings which should be fixed and on those days the opposition should decide the agenda. In the House of Commons every year, 20 such days are marked
        
        Secondly, discussion should be held under a rule if a significant minority in the house so wants.
        
        Ultimately, every society gets the leadership it deserves. If the citizens want the Parliament to behave properly and work in public interest, then the citizens themselves have to be careful with respect to the kind of MPs they are sending to the Parliament to represent them.
      - Ageing Parliament
        
        o In the 1st Lok Sabha, there was only one MP above 70 years of age and none above 75.
        
        o In the 16th Lok Sabha, there were 46 MPs above the age of 70 years and 15 MPs above the age of 75years.
        
        o The percentage of young MPs (25 to 40 years of age) was 26% in the 1st Lok Sabha and just 12% in the 17th Lok Sabha.
        
        o Also, there is no genuine representation of the youth, as most of the young MPs come from established political families.
      - Criminalization of politics
      - Criminalization of politics
        
        o In the 16th Lok Sabha, 34% of the MPs had pending criminal cases against them.
        
        o In the 17th Lok Sabha, 233/543 have pending criminal cases, and 21 % face heinous criminal charges where the minimum punishment is 5 years or more.
        
        o The criminalization of parliament goes against the dictum "Lawbreakers cannot be lawmakers".
        
        o Lot of reforms to address this issue have been implemented especially under the directions of the Supreme Court where in the recent past it has ordered the setting up of special courts for disposing
        of such cases.
      - Inadequate women's representation
        
        women reservation
        
        Issues & CHALLENGES in extending quota to women:
        
        It would perpetuate unequal status of women.
        
        It gives rise to proxy candidates (Panchayat Patis i.e. even if the woman is the member, the meeting of the Panchayat is being attended by her male counterpart.)
        
        It would give rise to resistance to field women from general seats.
        
        It also restricts choice of voters; as the seat is reserved for a woman candidate, a popular male candidate who has done exceptional work in the constituency does not get a chance to contest and thereby restricts choice of voters.
        
        It is a short term step and it ignores the real issues of socio-economic development, criminalization of politics, lack of inclusive growth, etc.
        
        It also gives rise to compulsory unseating as the quota is based on rotation and hence the sitting MPs would put no effort in nurturing their constituencies.
        
        Political parties should reserve at least 1/3rdtickets for women candidates
        
        Reflective autonomy is the ability of women to critically examine and understand their values, beliefs, and choices in the realm of politics.
        
        This self-awareness empowers women to make political decisions based on their own understanding, free from external pressures or uninformed influences.
        
        Three “E”s – Engagement, Emancipation, and Empathy
        
        Engagement: Women aspiring to be MPs need to actively participate in addressing societal issues and engage in political processes to contribute meaningfully.
        
        Emancipation: Seeking freedom and empowerment for women, particularly those from marginalized groups, becomes a crucial goal in the pursuit of political leadership.
        
        Empathy: Understanding and sharing the feelings of fellow citizens, particularly those with diverse perspectives, is essential for creating a harmonious and inclusive political environment.
        
        Key Challenges
        
        Historical Resistance: Women’s reservation faced prolonged resistance, evident in debates from Sarojini Naidu to contemporary concerns about power balance.
        
        Perception of Equality: Addressing skepticism regarding quotas and their alignment with the principle of equality.
        
        Masculinist Dominance: Overcoming the historical dominance of men in politics and shifting towards a more inclusive representation.
        
        Recently, the Lok Sabha (LS) and Rajya Sabha (RS), both passed Women's Reservation Bill 2023 (128th Constitutional Amendment Bill) or Nari Shakti Vandan Adhiniyam.(106 CAA)
        
        Articles to be amended: To achieve the goal of women’s reservation, the Bill proposed Amendments to the Constitutional provisions with respect to the NCT of Delhi
        
        Article 239AA (Special provisions with respect to Delhi),
        
        New Articles to be inserted: The Women’s Reservation Bill also introduced three new articles, namely Articles 330A, 332A, and 334A.
        
        The Articles 330A and 332A newly proposed articles want to establish women's reservation in the Lok Sabha and state legislative assemblies.
        
        Article 334a included a sunset provision that would gradually end this affirmative action policy after 15 years.
        
        Horizontal women’s reservation:
        
        Particularly, women from the Scheduled Caste (SCs) and Scheduled Tribes(STs) are proposed to have one-third of the seats allocated for SCs and STs in the Lok Sabha and legislative assemblies.
        
        These efforts are aimed at increasing women's participation in the legislative process, even among groups that have historically been underrepresented.
        
        It is noteworthy that the bill included provisions for horizontal reservation that cut across different quota categories.
        
        Rotation of seats:
        
        The designated seats for female lawmakers may be distributed by rotation to various constituencies within a state or union territory.
        
        Majority required:
        
        The Women Reservation Bill would require a special majority of the Parliament and ratification by half of the states. That is a two-thirds majority in both the Houses of Parliament and the approval from at least 50% of states.
        
        Earliest implementation
        
        : However, the earliest moment when one-third of the seats in the Lok Sabha is likely to be occupied by women in 2029
        
        Other Constitutional Amendments Needed
        
        Article 82 and Article 170(3) of the Constitution would need to be changed in order to implement delimitation, which is a requirement for the implementation of reservations.
        
        Article 82 has provisions for the readjustment of constituencies (number and boundaries) of both the Lok Sabha and state Assemblies after each Census.
        
        Similarly, Article 170(3) deals with the composition of the state Legislative Assemblies.
        
        Women’s Reservation in Panchayats
        
        Article 243D of the Constitution has a provision for the reservation of seats for SCs, STs, and women in Panchayats.
        
        Global position
        
        In national level parliaments, there are 25% women parliamentarians.
        
        Sweden -46%
        
        Rwanda-61 o/o
        
        Nepal -33% (there is quota provision in Nepal)
        
        Cuba-53%
        
        However in India, the political parties do not even honor their commitments as per party constitutions.
        
        There are 82 women Member of Parliaments in LS (15.2%) and 31 women in RS(13%
        
        While the number has increased significantly since the 1st Lok Sabha (5%) but is still far lower than in many countries.
      - Declining levels of morality:
        
        • Cash for Query Scam
        
        • MPLADS Scam
        
        • Cash for Vote scam
      - Parliament as a forum for thought leadership
      - Problem of instability in government
        
        Addressing instability:
        
        Changes in Rule 198
        
        Rule 198 talks about no confidence motion in the Lok Sabha. A change can be incorporated wherein a no confidence motion is allowed only once a year instead of once every session.
        
        Constructive vote of no confidence
        
        A constructive vote, instead, proposes an alternative government to replace the dethroned government
        
        Such a constructive vote is allowed in the German Parliament as per Article 67 of Basic Law of Germany.
        
        It mandates that the admissibility of a no confidence motion is dependent on whether it is accompanied by a proposal for alternative government or not, if not, then the motion is
        
        Coalition partners under Schedule X
        
        At least the pre-election coalitions should be brought under the Anti-defection law
      - Suggested reforms to improve the functioning of the Parliament:
        
        Need to build a better image for Parliament:
        
        Electoral reforms
        
        Check criminalization of politics
        
        Punish unruly behavior (all such behavior should be referred to the Ethics committee)
        
        The ruling party should also give adequate space to opposition MPs
        
        Reform the parliamentary committee system.
        
        Increase the number of sittings.
        
        Leaders and Chief Whips of Recognized groups and Parties in Parliament Act, 1998:
        
        It talks about some facilities to be given to the leaders and chief whips of political parties and groups.
        
        Recognized group: In Rajya Sabha, the strength of the party should be at least 15 and not more than 24; in the Lok Sabha it should be at least 30 and not more than 54.
        
        Recognized party: The term used in this context is not the same as used by the Election Commission while recognizing parties for elections.
        
        In this context, the term recognized party means a party having 25 or more seats in the Rajya Sabha and 55 or more seats in the Lok Sabha.
      - Inadequacies of Parliamentary control:
        
        Increasing technicality of government
        
        Parliament being a body of laymen, innocent of technicalities, it becomes difficult to exercise control
        over technical functions of the government.
        
        Increasing delegated legislation and inadequate parliamentary oversight:
        
        Fragmented opposition
        
        Increasing resort to guillotine
        
        Problems in working of parliamentary committees
        
        Private Member Bills
        
        Only 14 private member bills have been passed in the history of the Indian parliament since independence, the last being passed in 1970
        
        In 2015, DMK Member of Parliament Mr.T.N. Shiva introduced a Transgenders' Bill in the Rajya
        Sabha and it was actually passed in the Rajya Sabha
        
        It could not be passed in the Lok Sabha as by
        that time the government came up with its own Transgenders' Bill
      - Adverse rulings from the chair
      - Increasing number of political parties represented in the Parliament
        
        In the 17th Lok Sabha, no less than 37 political parties have representation.
        
        difficulty to build consensus
  - - - As per clause (1), an MP is free from the limitations imposed on ordinary citizens under Article 19 (2),
        while speaking on the floor of the Parliament, as his freedom of speech comes under Article 105.
    - - This provision was used to disqualify the MPs in the 'cash for query' scam. As they could not be disqualified under provisions of other articles like Article 102 or Schedule X.
        
        Thus, even though, it was not
        codified. just because the House of Commons had the right to disqualify MPs, the Lok Sabha disqualified the MPs who took money to ask questions in the Parliament. The privilege of the Parliament with respect to the
        disqualification was upheld in the Raja Rampal Case, 2007)
    - - : A minister can take part in the proceedings of the other house as well if the issue is related to his
        ministry. Also, the Attorney General and the Advocate General have the right to take part in proceedings
        of the Parliament and the State Legislative Assembly, respectively
  - - - Breach of privilege: When a MP or outsider disregards or attacks the privilege of the house. The
        house can refer the matter to the Privileges committee or collectively decide among members as well
      - Contempt of house: Anything that obstructs the functioning of the Parliament or attacks the
        independence, freedom and dignity of the House.
        
        Contempt of house is a wider term which may include breach of privilege as well
        
        every breach of privilege is also contempt of the house, but every contempt may not be a breach of privilege
      - Whether contempt or breach of privilege, the Parliament can refer the matter to the privileges committee for action to be taken or it can decide the matter collectively
        
        If the house feels, whoever is guilty of it, especially the outsiders, the presiding officer can issue warrants for his production before the House, without even specifying the reasons for it.
        
        The house collectively by adopting a motion can send the person to jail as well.
- - - - Leaders in Parliament
        
        officers in Parliament
        
        SALARY OF MP
        
        Parliament of India
        
        Indian Parliamentary Government
        
        Merits
        
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        Demerits
        
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        o Familiarity with the system
        
        o Preference for more responsibility
        
        o Avoid legislative-executive conflicts
        
        o Nature of Indian society (heterogeneous).
        
        CONSTITUTIONAL PROVISIONS
        
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        Majority Party rule
        
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        Nominal and Real Executive
        
        President is the ‘nominal’ or ‘de - jure executive’ while the Prime Minister is the
        ‘real’ or ‘de – facto executive’.
        
        Need for fast paced development
        
        More representative
        
        Continuity/experience:
        
        India a nascent democracy
        
        Councils of States
        
        Rajya Sabha
        
        5 more items...
        
        House of the People
        
        Lok Sabha
        
        4 more items...
        
        The President
        
        Head of the State
        
        1 more item...
        
        After the 2018 amendment to the Salaries and Allowances of Members of Parliament Act, 1954, the basic pay of a Member of Parliament is Rs.1 lakh/month
        
        Over and above that they also get
        Rs.70,000 as constituency allowance, Rs.60,000 as office allowance (of which Rs.20,000 is for stationary & other items and Rs.40,000 for hiring a private secretary).
        
        Apart from this, the MPs
        also get a daily allowance of Rs.2000/dayfor attending the session of the Parliament.
        
        Legislators in the US get paid around Rs.1 crores/year and another $4
        million/year for hiring adequate staff and experts
        
        The salary should not be so high that it becomes the principal attraction for the job.
        
        The salary should not be so low that suitable candidates stay away.
        
        The 2018 amendment also
        provided that the salaries would be reviewed every 5
        years since 2023 on the basis of cost inflation index.
        
        Lok Sabha
        
        Speaker
        
        Elected by ‘Lok Sabha’ from
        amongst its members
        
        He shall be a member of Lok Sabha at the time of election
        
        Date of election is ‘fixed’ by the President.
        
        Vacation
        
        Resignation by the Speaker
        
        Removal of the Speaker by a ‘resolution’
        
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        – Lok Sabha dissolution does not lead to
        Speaker immediately vacating office.
        
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        Power
        
        − Maintain Order and decorum in the house
        
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        − Speaker is the final interpreter of the provisions of-
        
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        − Speaker ‘adjourns’ the House or suspends the meeting in absence of a quorum
        
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        − he can exercise a casting vote in the case of a tie.
        
        − Speaker presides over a ‘joint setting’ of the two Houses of Parliament
        
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        − Speaker is the final authority to certify a ‘money bill.’
        
        1 more item...
        
        − Speaker can disqualify an MP under defection law under the provisions of the 10thschedule
        
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        Sources of Power
        
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        Secret Sitting - Speaker can allow a ‘secret’ sitting of the House at the request of the Leader of the House.
        
        Speaker is the ‘ex-officio’ chairman of the Indian Parliamentary Group I.e. the group is responsible for establishing a link betweenIndian Parliament and various parliaments of the world.
        
        Speaker is the ‘ex-officio’ chairman of the conference of presiding officers of legislative bodies in the country.
        
        Appointment authority - He appoints the chairman of all the ‘parliamentary committees’ of the Lok Sabha.
        
        Chairman of the Business Advisory Committee, the Rules Committee and theGeneral-Purpose
        
        Salary and allowances
        
        Salary and allowances are charged to CFI
        
        Provisions for Impartiality and Independence of the Speaker
        
        Position in order of Precedence - Equivalent to ‘Chief Justice of India’ (7th Position in order of precedence (above cabinet ministers but below PM& Deputy PM)
        
        Speaker does not need to resign from his party but if he resigns won’t be disqualified under the provisions of Anti – Defection law.
        
        Security of Tenure - A proper procedure is prescribed for his removal.
        
        Salaries and allowances are ‘charged’ on the Consolidated Fund of India.
        
        Substantive Motion is needed to discuss and criticize his work in the Lok Sabha
        
        Casting Vote ‘only’ –This helps to maintain Impartiality of the Speaker
        
        Origin
        
        Both offices came into existence as per the provisions of the ‘Govt. Of India Act. 1919’
        
        1 more item...
        
        Speaker Pro tem
        
        Appointed by ‘President’ of India.
        
        Usually, the ‘senior most member’ is selected
        
        Oath By President
        
        He possesses all the powers of the Speaker
        
        Temporary office – The office ceases to exist after the Speaker is elected.
        
        His ‘main’ duty is to administer ‘oath’ to the new members
        
        Presides over ‘1st sitting’ of newly elected LS
        
        Deputy Speaker
        
        Elected by ‘Lok Sabha’ from amongst its members
        
        • As per convention, since the 11th Lok Sabha, the position of the Deputy Speaker generally goes to the opposition party.
        
        Vacation
        
        He is removed as like the Speaker of Lok Sabha.
        
        He submits his resignation to the Speaker.
        
        Salary and allowances
        
        Salary and allowances are charged to CFI
        
        Provisions for Voting
        
        When he presides exercises a casting vote (like the Speaker).
        
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        Special Privilege
        
        Whenever appointed as member of a Parliamentary Committee, he automatically becomes its chairman
        
        Duties of the “Deputy Speaker” –
        
        Acting Speaker -
        
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        Joint Sitting
        
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        When the Speaker presides over the House, the Deputy Speaker is like any other ordinary member of the House.
        
        Panel of Chairpersons
        
        Under the Rules of Lok
        Sabha, the Speaker nominates from amongst the
        members a panel of not more than ten chairpersons
        
        Any of them can preside over the House in the
        absence of the Speaker or the Deputy Speaker.
        
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        When both speaker and deputy speaker post falls vacant(resign ,removed or due to death panel does not work , it comes to an end.
        
        also they dont preside over Joint sitting when speaker ,deputy speaker or vice chairman are asbsent ,in such circumstance president nominates a name
        
        When a member of the panel of chairpersons s also not present, any other person as determined by House acts as the Speaker.
        
        The Speaker and the Deputy Speaker, while
        assuming their offices, do not take oath
        
        Rajya Sabha
        
        Chairman
        
        The Vice - President of India is the ex-officio
        Chairman of the Rajya Sabha
        
        In his absence, the Deputy Chairman of the Rajya Sabha presides over the Rajya Sabha.
        
        He can be removed from his office only if he is removed from the office of the Vice President.
        
        The Vice-President cannot preside over a sitting of the Rajya Sabha as its Chairman when a resolution for his removal is under consideration
        
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        The powers and functions of the Chairman in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha.
        
        However, the Speaker has 2 special powers which are not enjoyed by the Chairman:
        
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        Like the Speaker, the Chairman also cannot vote in
        the 1st instance
        
        But similar to the Speaker he too
        possesses a ‘casting vote’ i.e. he can cast a vote in case of equality of votes.
        
        Deputy Chairman
        
        Elected from its members
        
        Whenever the office of the Deputy Chairman falls vacant, the Rajya Sabha elects another member to fill the vacancy.
        
        The Deputy Chairman vacates his office in any of the following 3 cases:
        
        If he ceases to be a member of the Rajya Sabha;
        
        if he resigns by writing to the Chairman;
        
        If he is removed by a resolution passed bya majority of all the members of the Rajya Sabha;
        
        Such a resolution can be moved only after
        giving 14 days’ advance notice.
        
        The Deputy Chairman performs the duties of the Chairman’s office when it is vacant or when the Vice-President acts as President or discharges the functions of the President.
        
        He also acts as the Chairman when the latter is absent from the sitting of the House. In both cases, he has all the powers of the Chairman.
        
        He is directly responsible to the Rajya Sabha.
        
        Both the ‘Chairman’ and ‘Deputy Chairman’ cannot
        preside over a sitting of the House when a resolution for theirremoval is under consideration.
        
        However, they can be present in the proceedings
        of the house.
        
        Panel of Vice Chairpersons
        
        Under the Rules of Rajya Sabha, the
        Chairman nominates from amongst the
        
        Any one of them can preside over the House in the absence of the Chairman or the Deputy Chairman.
        
        Panel of Chairperson preside only in the case of absence, in case of vacancy Chairman duties are performed by such member of the house as the President appoints for the purpose.
        
        He/ She has the same powers as the Chairman
        when so presiding
        
        He holds office until a new panel of vicechairpersons is nomina
        
        Secretary General:
        
        • Lok Sabha and Rajya Sabha have their own secretariat. It is provided for, that both the Houses will have their own secretarial staff as per Article 98.
        
        • The Secretariat is headed by the Secretary General, whose status is equivalent to that of the Cabinet Secretary.
        
        • The Secretary General is appointed by the presiding officer after consultation with the leader of the house and leader of opposition.
        
        • The Secretary General helps the presiding officer in the conduct of proceedings.
        
        • All notices are addressed to the Secretary General.
        
        • The Secretary General is also considered as the custodian of all the papers and records of the House.
        
        Leaders of the House
        
        Rajya Sabha
        
        He is a minister or a member of the Rajya Sabha
        
        And he is nominated by the prime minister to function as such.
        
        Leaders of the Opposition
        
        It is a statutory post
        
        defined in the ‘Salaries and Allowances of Leaders of Opposition’ in Parliament Act, 1977
        
        He is referred to as the ‘shadow Prime Minister’.
        
        They are also entitled to the salary, allowances and other facilities equivalent to that of a cabinet minister.
        
        She/he is expected to be ready to take over if the government falls.
        
        He is a leader of the largest party that has not less than 1/10th of the total strength of the house.
        
        Under Mavalankar's rule, the single largest opposition party must have at least 10% of the House's total strength (55 as per the current strength) in order for its leader to be designated as Leader of Opposition.
        
        In a parliamentary system of government, the leader of the opposition has a significant role
        
        His main functions are to provide ‘constructive criticism’ of the policies of the governmentand to provide an alternative government.
        
        Comparison with other Countries
        
        Britain: Officially, the opposition is known as Her Majesty’s Loyal Opposition. To counterbalance the ruling cabinet and position its members for future ministerial positions, they also establish the Shadow Cabinet.
        
        United States: Minority parties in Congress are accountable to the President. A healthy democracy must allow for the fundamental right to disagree. The inclusion of LoP lends objectivity and a contrarian viewpoint to the government’s selections and conclusions.
        
        LoP plays a crucial role in bringing bipartisanship and neutrality to the appointments in institutions of accountability and transparency – CVC, CBI, CIC, Lokpal ,ECIetc.
        
        The Public Accounts Committee is there whose chairmen are is Leader of the Opposition to check the expenditure of the ruling party.
        
        During circumstances like foreign danger or also in matters affecting the security and safety of the realms the Leader of the Opposition plays an vital role in the ruling Government
        
        can also demand debates on such crucial issues, when the government is trying to slide away without parliamentary criticism
        
        Hold the government accountable
        
        Question and occasionally confront
        
        Shape public opinion
        
        Present alternative point of views and proposals
        
        Shape the agenda of government:
        
        Problems in securing an effective opposition
        
        Party composition of Lok Sabha
        
        Inability to generate information on government activities proactively
        
        Focus on issues with immediate political payoffs
        
        Lack of unity
        
        Political parties in India are flimsy institutions
        
        Lok Sabha
        
        PM is invariably the Leader of the Lok Sabha He also acts as the majorityparty’s parliamentary chairperson.
        
        If the PM is not a member of Lower House, she or he might appoint another minister to serve as Leader of the House.
        
        WHIP
        
        It is based on the conventions of the parliamentary government.
        
        Every political party, whether ruling or Opposition has its own whip in Parliament.
        
        He is appointed by the political party to serve as an assistant floor leader.
        
        He is charged with the responsibility of ensuring the attendance of his party members in large numbers and securing their support in favour of or against a particular issue
        
        He regulates and monitors their behaviour in Parliament.
        
        The members are supposed to follow the
        directives given by the whip. Otherwise, disciplinary action can be taken.
        
        The offices of the leader of the House and the leader of the Opposition are not mentioned in the Constitution of India.
        
        They are mentioned in the Rules of the House and Parliamentary Statute respectively.
      - Budget Session
        
        The longest session of the Parliament
        
        − It starts towards the end of January
        
        − This Session splits into two periods (one month gap)
      - Winter Session
        
        − Held in mid-November to mid-December
        
        − It is the shortest session of all.
        
        − It takes up the matters that could not be considered upon earlier
      - Monsoon Session
        
        − This is after a break of two months after the budget session.
        
        − In this session, matters of public interest are discussed
      - Special session
        
        − In addition to this, there is a provision for Special Session in the Constitution as well.
        
        In this case, it can be convened by the President on the recommendations of the Council of Ministers.
        
        In another case, if the Lok Sabha is not in session, not less than 1/10 of the members can, on prior notice of 14 days, write to the President for convening a session for the revoking of national emergency under Article 352.
        
        The Council of Members does not play any role in it.
      - India does not have a fixed parliamentary calendar.
    - - o The summoning of Parliament is specified Article 85 of the Constitution.in
      - o Summoning is the process of calling all members of the Parliament to meet.
      - o The ‘President’ summons each House of the Parliament from time to time.
      - o The gap between the 2 sessions of the Parliament cannot exceed 6 months.
        
        It means the Parliament meets at least 2 times in a year.
        
        Recess - The house between sessions is se to be in recess
    - - It suspends the work in a ‘sitting’ for a ‘specified’ time
      - Done by ‘presiding’ officer.
    - - terminating a ‘sitting’ of Parliament for an indefinite period
      - Done by ‘presiding’ officer
    - - Not only terminates a ‘sitting’ but also a ‘session’
      - It lapses all pending notices but not bills
      - Done by President
    - - Only Lok Sabha, Rajya Sabha is never dissolved
      - All business including bills, motions, resolutions lapsed
        
        Situation of bills
        
        Lapse
        
        ll pending bills which originated in Lok Sabha + are present in Lok Sabha, lapse.
        
        − A bill pending in the Lok Sabha lapses (whether originating in the LokSabha or transmitted to it by the Rajya Sabha).
        
        − A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
        
        Doesn’t Lapse
        
        − A bill originated and pending in Rajya Sabha does not lapse.
        
        − A bill passed by both houses and pending with ‘President’ does not lapse.
        
        − A bill sent for ‘reconsideration’ by president does not lapse
        
        − A bill for which a joint sitting has been notified does not lapse.
      - Done by President.
    - - Session of Parliament of many meetings (Everyday meetings).
      - Each meeting of a day consists of 2 sittings.(Morning Sitting, Post Lunch sitting).
    - - Meaning - ‘Minimum number of members’ required to be present in the House before it can transact any business.
        
        It is ‘1/10th’ of the total number of members in each house including the Presiding officer. (For ‘Lok Sabha’ – it is 55 members and for ‘Rajya Sabha’ it is 25members).
        
        Course of Action when no Quorum - It is the
        duty of the ‘presiding’ officer either to ‘adjourn’ the House or to ‘suspend’ the meeting until there is a quorum.
        
        Lame-duck Session – Last session of the existing Lok Sabha, after a new Lok Sabha has been elected.
    - - After ‘conclusion of a debate’ -
        Speaker puts the question for ‘voting.’
        
        After ‘conclusion of a debate’ -
        Speaker puts the question for ‘voting.’
        
        Voice Voting – ‘Aye’/ Haan – is said by those who are in favour of the motion and ‘‘Noes’/Naa – by those who do not favor the motion.
        
        Opinion – Speaker then gives his
        opinion in favour of ‘Aye’/ Haan or ‘‘Noes’/Naa.
        
        If the speaker opinion is not
        challenged, then he gives his decision.
        
        Thus, the question before the House is
        determined (after the decision of theSpeaker).
        
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        Automatic vote recorder
        
        ‘Aye’/ Haan and ‘Noes’/Naa Slips in the House
        
        Members going into the Lobbies.
        
        Speaker can ask members to rise in their places (those in favour and against) and after a count has been taken gives his decision (this he usually does when he feels the division is unnecessarily being claimed).
        
        − In the above case (last one) the names of the voters shall ‘not’ be recorded.
    - - Constitutional Provision - Constitution has declared ‘Hindi’ and ‘English’ to be the languages for transacting business in the Parliament.
      - English was to be ‘discontinued’ as a ‘floor
        language’ after the expiry of 15 years from the commencement of the Constitution.
      - Official Languages Act (1963) allowed
        English to be continued along with Hindi.
      - A member can address the House in his ‘mother-tongue’ with ‘prior permission’ from the Presiding office
  - - - During this time, the members (of Parliament) ask questions and the ministers (Executive) usually give answers
    - - Starred question
        
        Oral answer
        
        hence FIVE supplementary questions can follow.
        
        15 days notice
        
        colour code-green
        
        5th LOK SABHA (1972) the starred Question was fixed 20 per QH in LS
        
        in RS its 15 per QH
      - Unstarred Question
        
        Written answer
        
        hence, supplementary questions cannot follow.
        
        10 days
        
        colour code-white
      - Short notice question
        
        answered orally
        
        supplementary questions cannot follow.
        
        Notice of less than ten day
        
        colour code-Light pink
      - Question to private members
        
        answered orally
        
        supplementary questions cannot follow.
        
        10 days
        
        colour code-yellow
    - - o Not all questions get answered:
        
        In a session, no more than 30-45 % of the questions get answered as there are too many MPs.
        
        . In the 15th Lok Sabha only 10% of the questions got answered due to routine disruptions.
      - Prone to corruption
        
        'Cash for Query' scam during the term of UPA-1(recent Mohua moitra issue), wherein MPs took money from industrialists, big businesses, etc. to ask questions to the Ministers.
      - o Non-seriousness of members as well as Ministers:
        
        Member or the minister concerned remaining
        absent on the day of answering the question.
      - First casualty of disruption:
        
        Question hour, being the first hour of proceedings, often gets disrupted when the opposition makes up its mind to disrupt the proceedings of the House that day.
      - Quality of questions:
        
        For the previous two Lok Sabhas, 70% of the questions were of such nature, that answer to those questions could have been acquired by simply filing an RTI
  - - - ‘Informal’ device- Normally it is 12:00 hours.
        
        The Zero hour starts immediately after the
        question hour and lasts until the agenda for the day (ie regular business of the House) is taken up.
        
        It is an Indian innovation in the field of
        parliamentary procedures and has been in It is an Indian innovation in the field of
        parliamentary procedures and has been in
  - - - Subsidiary motion:
        
        It is a motion which arises out of a pre-existing motion. For e.g. A motion to refer the bill to a select committee for further investigation (during the 2nd stage of the bill), the existence of this motion depends on whether the earlier motion of introducing the bill on the floor of the House during the 1streading was passed.
      - Substantive motion
        
        It is a self-contained proposal, not depending on any pre-existing motion, for eliciting the opinion of the House. For e.g. No confidence motion, adjournment motion.
      - SUBSTITUTIVE motion:
        
        It is a motion which substitutes another motion and proposes an alternative to it.
      - Closure motion
        
        It is the motion tabled to close the debate on an issue and put the matter to vote.
        
        Simple Closure
        
        When a member moves that the ‘matter having been sufficiently discussed be now put to vote’.
        
        Closure by Compartments
        
        It means clubbing or grouping of sections which are similar into compartments, then discussing the compartments as a whole and putting the compartments to vote
        
        Kangaroo Closure
        
        Only important clauses are taken up for debate and voting and the intervening clauses are skipped over and taken as passed.
        
        Guillotine Closure
        
        When the undiscussed clauses of a bill or a resolution are also put to vote along with the discussed ones due to want of time
      - Adjournment Motion:
        
        It is a device available only in the Lok Sabha.
        
        It is used to draw the attention of the House to a matter of urgent grave national importance.
        
        If it is allowed by the Speaker, the agenda of the day is suspended and the House sits down to discuss the issue which is highlighted in the adjournment motion proposal.
        
        Once the motion has been granted, the minimum time of discussion is two and a half hours.
        
        Before the speaker would even consider the adjournment motion, it should satisfy certain requirements
        
        Requirements for an Adjournment Motion:
        
        It should raise an urgent matter of national importance.
        
        It should involve the responsibility of the government of India.
        
        It should not raise a question of privilege.
        
        It should not revive discussion on any matter which has already been discussed in the current session.
        
        It should be specific.
        
        It should not raise a sub-judicial matter.
        
        It should be supported by atleast 50 Lok Sabha MPs
        
        Even if all these requirements are fulfilled, there is no guarantee that the speaker will allow it.
        
        the adjournment motion is passed after voting, it amounts to censure of the government i.e. the
        Parliament has reprimanded the government.
        
        Privilege Motion:
        
        o ltis a typical device available to MPs against Ministers.
        
        It can be moved against a minister who has breached the privilege of the house by providing
        misleading, distorted or false information to the House
        
        Dilatory Motion:
        
        It can be moved to delay or postpone the activities of the House on any issue
        
        No day yet named motion:
        
        A proposal for the motion is given, it is admitted, but no date or time has been appointed by the
        House to take it up.
        
        Censure Motion:
        
        No Confidence Motion:
        
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        The word 'censure' means to 'scold' or in a formal way, to 'reprimand' or 'express displeasure'.
        
        It can only be introduced in the Lok Sabha.
        
        Specific reasons have to be given for its introduction.
        
        It can be introduced against the whole government, and also against individual ministers.
    - - Half hour Discussion:
        
        It can be allowed by the speaker for three occasions/days in a week, to raise a debate on any issue of
        public importance, which has been a subject of recent question but the answer given by the short notice.
      - Short duration Discussion:
        
        Its period can range from one hour to two hours. Usually, it is allowed by the speaker for 2 days in a
        week to raise any issue of public importance.
        
        Calling attention notice:
        
        It is an Indian innovation.
        
        A member of the House, with prior permission of the presiding officer, can draw the attention of a
        Minister to an issue of urgent public importance and require him to make a brief statement on it, at short notice.
  - - - Government Resolution
        
        : It is one that is moved by a minister. It can be taken up any day from Monday to Thursday.
      - P rivate Member
        Resolution
        
        It is i ntroduced by a
        private member
        
        It is discussed only on alternate
        Fridays and in the afternoon sitting.
      - Statutory Resolution
        
        • It is a resolution which
        has provisions in the constitution or in some law.
        
        They h ave a
        statutory effect if theya re pa ssed
        
        • For e .g. parliament
        passing resolution for removal of CAG,removal of judges, speaker etc.