WHAT IS LEGISLATURE?
1. IT IS THE LAW MAKING BODY OF THE COUNTRY
2. IT IS CENTRAL TO DEMOCRATIC PROCESS
3. IT LAYS THE FOUNDATION OF MODERN DEMOCRACIES.
4. IT IS THE MOST REPRESENTATIVE OF ALL ORGANS OF GOVERNMENT.
5. AT LAST, WE CAN SAY IT IS VESTED WITH THE POWER TO CHOOSE AND DISMISS THE GOVERNMENT.
WHY DO WE NEED A PARLIAMENT??
THE NATIONAL LEGISLATURE OF ELECTED REPRESENTATIVES IS PARLIAMENT. AT THE STATE LEVEL IT IS CALLED LEGISLATIVE ASSEMBLY.
ARTICLE 79-122 DEALS WITH CHAPTER-II( PARLIAMENT) OF PART V(UNION).
1. THE PARLIAMENT HAS THE SUPREME POWER OF THE LEGISLATURE IN INDIA. IT MAKES, AMEND AND ABOLISHES THE LAW.
2. IN INDIA, THE EXECUTIVE- PM, COUNCIL OF MINISTERS ARE ANSWERABLE TO THE PARLIAMENT.
3. THE PARLIAMENT MAKES BUDGET FOR THE COUNTRY, PUBLIC MONEY CANNOT BE SPENT UNLESS AND UNTIL SANCTIONED BY THE PARLIAMENT.
4. THE PARLIAMENT PROVIDES FORUM FOR DISCUSSION AND DEBATE ON THR ISSUES OF THE PUBLIC AND NATIONAL IMPORTANCE.
WHY INDIA OPTED BICAMERAL LEGISLATURE?
BICAMERALISM IS THE PRACTICE OF HAVING TWO HOUSES OF PARLIAMENT.
AT THE STATE LEVEL, THE EQUIVALENT OF LOK SABHA (LEGISLATIVE ASSEMBLY) AND THAT OF RAJYA SABHA IS THE VIDHAN PARISHAD(LEGISLATIVE COUNCIL).
BECAUSE OF THE FOLLOWING RESONS-
1. THE LARGE SIZE AND DIVERSITY GETS EQUAL REPRESENTATION.
2. LEGISLATURE MAKES IT POSSIBLE TO HAVE EVERY DECISION RECONSIDERED. EVERY DECISION TAKEN BY ONE HOUSE GOES TO THE OTHER HOUSE FOR ITS DECISION.
3. IT ALSO ENSURES DOUBLE CROSS CHECKS ON IMPORTANT POLICY AND BILL.
WHEN IT COMES TO STATE LEVEL-
1. IT HAS ITS OWN STATE LEGISLATURE.
2. IT MAY BE UNICAMERALISM(LEGISLATIVE ASSEMBLY) / OR BICAMERALISM( LEGISLATIVE COUNCIL)....
STATES WITH BICAMERAL LEGISLATURE-
1. ANDHRA PRADESH
2. MAHARASHTRA
3. BIHAR.
4. KARNATAKA
5. TELANGANA
6. UTTAR PRADESH.
* THE HOUSE OF COUNCIL(AT STATE LEVEL)
- INITIALLY STATES SUCH AS TAMIL NADU, WEST BENGAL, MADHYA PRADESH, PUNJAB ETC... WERE HAVEING TWO HOUSES.
- HOWEVER, SOME OF THE STATES FELT THAT LEGISLATIVE COUNCIL WOULD BE AN "UNNECESSARY ADJUNCT".
- THE CONSTITUTION GRANTS EVERY STATE THE RIGHT TO CREATE OR ABOLISH LEGISLATIVE COUNCIL, WHICH DECIDED WHETHER IT WILL HAVE A UNICAMERAL OR BICAMERAL LEGISLATURE.
- ACCORDING TO ARTICLE 169 OF THE INDIAN CONSTITUTION, THE STATE LEGISLATIVE ASSEMBLY. HAS TO PASS A RESOLUTION DEMANDING CREATION OR ABOLITION OF THE COUNCIL.
- AS PER ARTICLE 169 OF THE INDIAN CONSTITUTION, THE STATE LEGISLATIVE ASSEMBLY HAS TO PASS A RESOLUTION DEMANDING CREATION OR ABOLITION OF THE COUNCIL.
- AS PER ARTICLE 171(1) OF THE CONSTITUTION, THE TOTAL NUMBER OF MEMBERS SHALL NOT EXCEED ONE THIRD OF THE TOTAL NUMBER OF MEMBERS IN THE LEGISLATIVE ASSEMBLY OF THAT STATE.
- THE TOTAL NUMBER OF MEMBERS IN THE LEGISLATIVE COUNCIL OF A STATE SHALL IN NO CASE BE LESS THAN 40.
- THE PARLIAMENT CAN ABOLISH A COUNCIL OR CREATE IT, IF THE LEGISLATIVE ASSEMBLY OF THE CONCERNED STATE PASSES A RESOLUTION WITH A SPECIAL MAJORITY .
BICAMERAL LEGISLATURE IN GERMANY
THE TWO HOUSES ARE-
■ FEDERAL ASSEMBLY (BUNDESTAG)
■ FEDERAL COUNCIL (BUNDESRAT)
- ELECTED BY DIRECT AND PROPORTIONATE SYSTEM FOR 4 YEARS.
- THE 16 FEDERAL STATES OF GERMANY ARE REPRESENTED IN FEDERAL COUNCIL.
- THERE ARE 69 SEATS WHICH IS DIVIDED AMONG STATES ON THE BASIS OF A RANGE OF POPULATION.
THE APPOINTED MEMBERS HOLD MINISTERIAL POSITION IN GOVERNMENT AT STATE LEVEL.
- ALL MEMBERS FROM ONE STATE HAVE TO VOTE AS A BLOC.
- FEDERAL COUNCIL DOES NOT VOTE ON ALL LEGISLATIVE INITIATIVES, BUT ALL THE AREAS IN WHICH FEDERAL STATES HAVE CONCURRENT POWERS MUST BE PASSED BY IT.
* RAJYA SABHA(HOUSE OF COUNCIL)
Article 80 of the Indian constitution states about composition of the council of states.
- RAJYA SABHA IS CALLED THE UPPER HOUSE OR COUNCIL OF STATES.
RAJYA SABHA HAS 250 MEMBERS.
-IT IS AN INDIRECTLY ELECTED BODY.
- IT REPRESENT THE FEDERAL CHARACTER OF THE CONSTITUTION.
How are members elected??
THEY ARE ELECTED BY THE MEMBERS OF STATE LEGISLATIVE ASSEMBLY BY SINGLE TRANSFERABLE VOTE SYTEM.
- THE REPRESENTATION IS FROM ALL THE STATES AND UNION TERRITORIES, WHICH HAS BEEN FIXED BY THE 4TH SCHEDULE OF THE CONSTITUTION.
- CURRENTLY HAS A MAXIMUM MEMBERSHIP OF 245, OF WHICH 238 ARE ELECTED BY THE LEGISLATURES OF THE STATES SND UNION TERRITORIES USING SINGLE TRANSFERABLE VOTES.
- 12 MEMBERS ARE NOMINATED BY THE PRESIDENT WHO HAVE SPECIAL KNOWLEDGE OR PRACTICAL EXPERIENCE IN THE FIELD OF SCIENCE, ART, LITERATURE SND SOCIAL SERVICES. THUS 238+12=250.
ALLOCATION OF SEATS:-
● THE ALLOCATION OF SEATS IS MADE ON THE BASIS OF THE POPULATION OF EACH STATE.
● UNLIKE, IN THE USA AND AUSTRALIA, THE STATES IN INDIA ARE NOT EQUALLY REPRESENTED IN THE RAJYA SABHA.
DURATION OF RAJYA SABHA: -
- IT IS THE PERMANENT HOUSE SND IS NOT SUBJECTED TO DISSOLUTION.
-1/3rd OF ITS MEMBERS RETIRE AFTER EVERY 2 YEARS.
- ELECTED BY THE ELECTED MEMBER OF STATE LEGISLATIVE ASSEMBLY FOR THE TERM OF 6 YEARS, IN ACCORDANCE WITH THE SYSTEM OF PROPORTIONAL REPRESENTATION BY MEANS OF SINGLE TRANSFERABLE VOTE.
- VICE PRESEIDENT IS THE EX OFFICIO CHAIRMAN OF RAJYA SABHA.
PRESENT VICE-PRESIDENT = JAGDEEP DHANKAR
# The advantage of this arrangement is that even when the lok sabha is Dissolved and elections are yet to take place, the meeting of the Rajya sabha can be called and urgent business can be conducted.
POWERS OF RAJYA SABHA-
1. IT APPROVES BILL PRESENTED BEFORE IT. IT CANNOT INITIATE OR REJECT THE MONEY BILL.
2. THROUGH DISCUSSION AND VOTING IT APPROVES CONSTITUTIONAL AMENDMENT
3. RAJYA SABHA CAN ONLY CRITICIZE THE GOVERNMENT BUT CANNOT REMOVE THE GOVERNMENT.
4. NEXT IMPORTANT FUNCTION IS, THIS HOUSE PLAYS A VITAL ROLE IN ELECTING PRESIDENT AND VICE PRESIDENT.
5.IT IS THE PERMANENT HOUSE OF BICAMERAL LEGISLATURE
6. THE RAJYA SABHA CANNOT INITIATE REJECT OR AMEND MONEY BILLS. THE COUNCIL OF MINISTERS IS RESPONSIBLE TO THE LOK SABHA AND NOT RAJYA SABHA. THEREFORE RAJYA SABHA CAN CRITICISE THE GOVERNMENT BUT CANNOT REMOVE IT.
7. PROVIDES POWERS TO UNION PARLIAMENT TO MAKE LAWS ON MATTERS OF STATE LIST,
8. ARTICLE 312- CREATION OF ALL INDIA SERVICES. (Special power)
7. THE MEETING OF RAJYA SABHA HAN ARE PRESIDED OVER BY CHAIRPERSON AND DEPUTY CHAIRPERSON.
LOK SABHA (HOUSE OF PEOPLE)
Articles 81 of the Indian constitution states about the composition of the house of the people.
1. LOK SABHA IS ALSO CALLED AS LOWER HOUSE OR HOUSE OF THE PEOPLE.
2. NOT MORE THAN 543 MEMBERS.
3. THE MEMBERS ARE DIRECTLY ELECTED FROM TERRITORIAL CONSTITUENCIES IN THE STATE.
4.NOT MORE THAN 20 MEMBERS TO REPRESENT THE UNION TERRITORIES, CHOOSEN AS PER THE LAW PROVIDED.
6.LOK SABHA HAD TWO MEMBERS BELONGING TO ANGLO INDIAN COMMUNITY AND WERE NOMINATED BY THE PRESIDENT. BUT DUE TO RECENT CONSTITUTIONAL AMENDMENT THIS PROVISION HAS BEEN REMOVED.
7. HEAD OF THE RULING PARTY IN LOK SABHA IS THE PRIME MINISTER.
8. CERTAIN SEATS ARE RESERVED FOR SCHEDULE CASTES AND TRIBES.
DURATION OF LOK SABHA
NORMAL TENURE/ TERM IS 5 YEARS,HOWEVER CAN BE DISSOLVED EARLIER IF THE GOVERNMENT FACES NO CONFIDENCE MOTION.
POWERS OF LOK SABHA-
-MAKE LAWS ON THE MATTERS INCLUDED IN UNION LIST AND CONCURRENT LIST.
- INTRODUCE, ENACT AND AND PASS BOTH MONEY AND NON MONEY BILLS(ORDINARY BILL).
- RESPONSIBLE TO HOLDING THE ELECTION TO PRESIDENT AND VICE PRESIDENT.
- CAN AMEND THE CONSTITUTION.
- APPROVE THE PROCLAMATION OF EMERGENCY.
- PROPOSES BUDGET
- ESTABLISH COMMITTEES AND COMMISSION.
-COUNCIL of ministers is responsible only to the lok sabha. THUS, lok sabha can remove the government if it faces no confidence motion.
- AND DEPUTY SPEAKER MANAGE THE AFFAIRS OF LOKSABHA AND MAINTAIN THE DECORUM OF THE HOUSE.
- THE PRESENT SPEAKER OF LOK SABHA IS_______ .
WHAT DOES PARLIAMENT DO?
THE NATIONAL LEGISLATURE PERFORMS VARIOUS IMPORTANT FUNCTIONS -
1. LEGISLATIVE FUNCTIONS.
THE PARLIAMENT ENACTS LEGISLATIONS FOR THE COUNTRY.( THE PARLIAMENT MAKE LAWS FOR THE COUNTRY).
DESPITE BEING THE CHIEF LAW MAKING BODY THE PARLIAMENT OF A NEARLY APPROVES LEGISLATION.
THE ACTUAL TASK OF DRAFTING THE BILL IS PERFORMED BY THE BUREAUCRACY UNDER THE SUPERVISION OF THE MINISTER CONCERNED.
THE SUBSTANCE AND EVEN THE TIMING OF THE BILL ARE DECIDED BY THE CABINET.
2. CHECKING THE EXECUTIVES.
THE MOST VITAL FUNCTION OF THE PARLIAMENT IS TO ENSURE THAT AN EXECUTIVE DOES NOT OVERSTEP ITS AUTHORITY AND REMAIN RESPONSIBLE TO THE PEOPLE WHO ELECT THEM.
3. FINANCIAL FUNCTIONS.
GOVERNMENT IS SPENDING A LOT OF MONEY ON VARIOUS MATTERS.
IN A DEMOCRACY, LEGISLATURE CONTROLS TAXATION AND THE WAY IN WHICH MONEY IS USED BY THE GOVERNMENT. IF A GOVERNMENT OF INDIA INTRODUCE A NEW TAX, IT HAS TO GET APPROVAL FROM LOK SABHA.
THE FINANCIAL POWER OF THE PARLIAMENT INVOLVES GRANT TO RESOURCES TO THE GOVERNMENT TO IMPLEMENT ITS PROGRAMMES.
THE LEGISLATURE ALSO ENSURE THAT THE GOVERNMENT DOES NOT OVER SPEND THIS IS DONE THROUGH BUDGET AND FINANCE ANNUAL FINANCIAL STATEMENT.
4. EQUAL REPRESENTATION.
PARLIAMENT REPRESENTS DIVERGENT VIEWS OF MEMBERS FROM ANOTHER REGIONAL, SOCIAL, ECONOMIC AND RELIGIOUS GROUPS OF DIFFERENT PARTS OF THE COUNTRY.
5. DISCUSSION AND DEBATES.
THE PARLIAMENT IS THE HIGHEST FORUM OF DEBATE IN THE COUNTRY. THERE IS NO LIMITATION ON ITS POWER OF DISCUSSION. MEMBERS ARE FREE TO DISCUSS ON ANY MATTERS WITHOUT FEAR.
THIS MAKES IT POSSIBLE FOR THE PARLIAMENT TO ANALYSE ANY OR EVERY ISSUE THAT FACES THE NATION WAS STOPPED THESE DISCUSSIONS CONSTITUTE THE HEART OF DEMOCRATIC DECISION MAKING.
6. ELECTORAL AND JUDICIAL FUNCTIONS.
THE PARLIAMENT HAS SOME ELECTORAL FUNCTIONS. IT ELECTS THE PRESIDENT AND VICE PRESIDENT.
JUDICIAL FUNCTION OF THE PARLIAMENT INCLUDES CONSIDERING THE PROPOSAL FOR REMOVAL OF PRESIDENT VICE PRESIDENT AND JUDGES OF HIGH COURT AND SUPREME COURT.
PARLIAMENTARY PROCEDURES-
(Normally, three sessions of parliament are held in a year:
i) Budget session (February to May)
ii) Monson session ( July- August)
iii)winter session (November- December)
1.SUMMONING OF HOUSE-: The President from time-to-time summons each house of parliament when he thinks fit.
2.PRESIDENT'S ADDRESS-: The President addresses the joint sitting of both houses of the Parliaments after every general elections and at the beginning of the year calls the Budget sessions.
3.MOTION OF THANKS-: Motion of Thanks is a vote of thanks on the speech of the President. if a government loses it, it has to resign.
4.QUESTION HOUR-
The first hour of every parliamentary sitting is slotted for the Question Hour (11 am to 12 noon in Lok Sabha).
In 2014 the Question Hour was shifted in the Rajya Sabha from 11 am to 12 noon.
There are three types of questions asked.
Starred question (distinguished by an asterisk)- this requires an oral answer and hence supplementary questions can follow.
Unstarred question- this requires a written answer and hence, supplementary questions cannot follow. Both Starred and Unstarred question needs to be submitted 15 days before it is to be asked.
Short notice question is one that is asked by giving a notice of less than ten days. It is answered orally.
Question Hour records highest presence of Members of Parliament.
Question Hour is held on all days with exception for two days. Firstly, When the President addresses MPs from both Houses. Secondly, on the day the Finance Minister presents the Budget.
In a day 20 Starred Question and 230 Unstarred questions are allowed.
To distinguish them from one another, these questions are printed in different colour. Starred Question in green, Unstarred in white, Short Notice in light pink.
5.ZERO HOUR
Zero Hour is an Indian parliamentary innovation. It is not mentioned in the parliamentary rules book. It is in existence since 1962.
Under this, MPs can raise matters without any prior notice.
The zero hour starts immediately after the question hour and lasts until the agenda for the day (i.e. regular business of the House) is taken up. So, to say this is the time gap between Question Hour and the agenda of the day.
6.ADJOURNMENT MOTION-: Adjournment Motion disrupts the normal business of the house. it proposes that the house should take up consideration of an urgent public importance, sideling all other issues.
7.CUT MOTION-: Cut motion is a proposal for reduction of a demand of grant in the budget under the consideration.
8.NO CONFIDENCE MOTION-: No-Confidence Motion is moved by the opposition in Lok Sabha when a government has to prove its majority in the House
No-Confidence Motion ensures executive accountability. No-Confidence Motion can only be introduced in the Lok Sabha. After 1989, several governments have been forced to resign due to lack of confidence of the house.
If the majority votes against the motion, the government stays.
If the majority votes for the motion, the government has to resign.
In 1996, Atal Bihari Vajpayee faced No-Confidence motion which he lost by Single Vote. NDA secured 269 votes while the opposition got 270.
9.CENSUS MOTION-: A Census Motion is based on certain issues and it criticizes the government on specific policies or acts.
10.Adjournment and Prorogation of the House-: Adjournment means suspension of the sitting of the House while prorogation means the end of the session of house.
COMMITTEES IN PARLIAMENT
SINCE THE PARLIAMENT MEET ONLY DURING SESSIONS., IT HAS VERY LIMITED TIME AT ITS DISPOSAL.
SINCE 1983 INDIA HAS DEVELOPED A SYSTEM OF PARLIAMENTARY STANDING COMMITTEES. THERE ARE OVER 20 SUCH DEPARTMENTALLY RELATED COMMITTEES.
STANDING COMMITTEES SUPERVISED THE WORK OF VARIOUS DEPARTMENTS THEIR BUDGET THEIR EXPENDITURE AND BILLS THAT COME UP IN THE HOUSE RELATING TO THE DEPARTMENT THE JOINT PARLIAMENTARY COMMITTEE IS HAVE OCCUPIED A POSITION OF EMINENCE IN OUR COUNTRY JOINT PARLIAMENTARY COMMITTEE CAN BE SET UP FOR THE PURPOSE OF DISCUSSING A PARTICULAR BILL.
THE MEMBERS OF THESE COMMITTEES ARE SELECTED FROM BOTH HOUSES.
Three main important committees-
1.STANDING COMMITTEE
2.THREE FINANCIAL COMMITTEE
3. AD HOC COMMITTEES.
STAGES OF PASSING BILL TO BECOME AN ACT-
1. Introduction of the bill-
STAGE OF THE LEGISLATION IS THE INTRODUCTION OF BILL CARRYING THE PROVISIONS OF THE PROPOSED LAW. THE STAGES ALSO KNOWN AS FIRST READING OF THE BILL.
2. Second reading of the bill
THIS STAGE CONSISTS OF DISCUSSIONS ON THE MAIN AND GENERAL PROVISIONS OF THE BILL. THERE ARE FOUR ALTERNATIVE COURSE OF ACTIONS-
A- THE BILL MAY BE TAKEN INTO CONSIDERATION AT ONCE
B- THE BILL MAY BE REFERRED TO A SELECT COMMITTEE OF THE HOUSE.,
C- THE BILL MAY BE REFERRED TO A JOINT COMMITTEE OF THE HOUSE
D- THE BILL MAY BE CIRCULATED FOR THE PURPOSE OF ELICITING PUBLIC OPINION ON IT.
E- WHEN IT IS DECIDED THAT THE BILL BE REFERRED TO THE COMMITTEE, IT IS CALLED COMMITTEE STAGE.
3. Committee stage
THIS COMMITTEE EXAMINES THE BILL THOROUGHLY AND IN DETAIL. THE COMMITTEE HAS FULL POWER TO SOME ON ANY PERSON, HERE EXPERTS, VERIFY THE DOCUMENT, AND TO MAKE SUGGESTIONS FOR THE IMPROVEMENT OF THE BILL.
AFTER EXPERT ANALYSIS, THE COMMITTEE PREPARES ITS REPORT AND TRANSMITS IT TO THE HOUSE.
4. Consideration stage
THE REPORT CONSISTS OF TWO PARTS- THE POINT THE COMMITTEE CONSIDERED TO BE INCORPORATED IN THE BILL AND THE BILL AS AMENDED BY THE COMMITTEE.
THE BILL AT THIS STAGE WILL BE DEBATED CLAUSE BY CLAUSE AND AMENDMENT AS MOVED.
EACH CLAUSE AND AMENDMENT IS PUT TO VOTE OF THE HOUSE, IF THE AMENDMENTS ARE APPROVED BY THE HOUSE BY A MAJORITY IT BECOME A PART OF THE BILL.
5. Third reading of the bill
THE THIRD READING IS THE FINAL READING. IT IS MORE OR LESS A FORMAL AFFAIR. THE DEBATE IS CONFINED TO THE ACCEPTANCE OR REJECTION OF THE BILL.
6. Bill in the other house
THE BILL REFERRED TO THE OTHER HOUSE HAS TO PASS THROUGH THE SAME PROCESS OF SAME THREE READINGS.
AFTER DELIBERATION ON THE BILL IN FIRST TWO STAGES, THE OTHER HOUSE HAS FOUR ALTERNATIVES. THESE ARE-
A- IT MAY PASS THE BILL WITH NO AMENDMENTS.
B- IT MAY PASS THE BILL WITH AMENDMENTS. IN THE CASE, THE BILL WILL BE RETURNED TO THE ORIGINATING HOUSE. IF THE HOUSE WHICH ORIGINATED THE BILL ACCEPTS THE BILL AS AMENDMENT BY THE OTHER HOUSE, IT WILL BE DEEMED TO HAVE BEEN PASSED BY BOTH HOUSES.
HOWEVER, IF THE ORIGINATING HOUSE DOES NOT AGREE TO THE AMENDMENTS, THEN THE PRESIDENT MAY SUMMON A JOINT SITTING OF THE TWO HOUSES TO RESOLVE THE DEADLOCK.
C- IT MAY REJECT A BILL ALTOGETHER. THEN THE PRESIDENT MAY SUMMON A JOINT SITTING.
D- IT MAY TAKE NO ACTION ON THE BILL BY KEEPING IT LYING ON ITS TABLE. IN SUCH A CASE, IF MORE THAN SIX MONTHS COLLAPSE FROM THE DATE OF RECEPTION OF THE BILL, THEN IT IS DEEMED THAT THERE IS A DEAD LOCK BETWEEN THE HOUSES AND THE PRESIDENT MAY SUMMON A JOIN SITTING OF THE PARLIAMENT.
7. President's assent.
THE BILL AFTER RECEIVING THE ASSENT OF THE PRESIDENT BECOMES AN ACT.
HOW DOES PARLIAMENTARY CONTROL OVER THE EXECUTIVE?
The legislature in parliamentary system and shows executive accountability through the use of various devices-
1. DELIBERATION AND DISCUSSION.
DURING THE LAW MAKING PROCESS MEMBERS OF THE LEGISLATURE GET AN OPPORTUNITY TO DELIBERATE ON THE POLICIES AND THE WAYS IN WHICH THESE LAWS ARE BEING IMPLEMENTED.
APART FROM DELIBERATING ON BILLS CONTROL MAY ALSO BE EXERCISED DURING THE GENERAL DISCUSSION IN THE HOUSE.
EX- QUESTION HOUR, ZERO HOUR
2.APPROVAL AND RECTIFICATION OF LAWS.
PARLIAMENTARY CONTROL IS ALSO EXERCISED THROUGH ITS POWER OF RATIFICATION- A BILL CAN BECOME A LAW ONLY WITH THE APPROVAL OF PARLIAMENT.
WHILE ENACTING ANY LAW IN PARLIAMENT THE GOVERNMENT NEEDS TO EXPLAIN ITS ALL PROVISIONS AND ANSWER QUESTIONS ASKED BY THE MP DOES IT IS NOT ALLOWED THE EXECUTIVE TO ENACT ANY ARBITRARY ACTS.
MANY BILL SUCH AS THE LOKPAL BILL HAVE FAILED ENACTMENT OF PREVENTION OF TERRORISM(BILL 2002) WAS REJECTED BY RAJYA SABHA.
3. FINANCIAL CONTROL.
THE GOVERNMENT IT IS REQUIRED TO PASS BUDGET AND FINANCIAL BILL IN BOTH THE HOUSES OF PARLIAMENT IS NOT ALLOWED THE GOVERNMENT TO EXPENSE UNNECESSARILY THE GOVERNMENT CANNOT WITHDRAW ANY AMOUNT OF MONEY FROM THE CONSOLIDATED FUND WITHOUT PARLIAMENTARY AUTHORITY.
4. REPRESENTATIVE CONTROL-
MPs REPRESENTS DIFFERENT SECTIONS OF PEOPLE. THEY ASK QUESTIONS TO THE EXECUTIVES AS REPRESENTATIVES AND THUS THEY SAVE THE INTEREST OF THEIR PEOPLE THROUGH REPRESENTATION.
5. COLLECTIVE AND INDIVIDUAL RESPONSIBILITY-
THE WHOLE COUNCIL OF MINISTERS IS ANSWERABLE TO LOK SABHA FOR ANY STEP TAKEN BY ANY OF THE MINISTER .
EVEN THE MINISTER IS ANSWERABLE INDIVIDUALLY TO THE LOK SABHA FOR STEPS TAKEN BY HIS MINISTRY.
IF LOK SABHA DOES NOT APPROVES THE ACT OF THE MINISTER. THE WHOLE CABINET HAS TO RESIGN, BECAUSE OF COLLECTIVE RESPONSIBILITY.
HOW DOES THE PARLIAMENT REGULATE ITSELF?
PRESIDING OFFICER OF THE LEGISLATURE IS THE FINAL AUTHORITY IN MATTERS OF REGULATING THE BUSINESS OF THE LEGISLATURE.
ANTI DEFECTION LAW-
IF A MEMBER REMAINS ABSENT IN THE HOUSE WHEN ASKED BY THE PARTY LEADERSHIP REMAIN PRESENT FOR VOTE AGAINST THE INSTRUCTIONS OF THE PARTY AND VOLUNTARY LEAVES THE MEMBERSHIP OF THE PARTY IT IS DEEMED AS DEFECTION.
AN AMENDMENT TO THE CONSTITUTION WAS MADE (52nd amendment act) IN 1985. THIS IS KNOWN AS ANTI DEFECTION AMENDMENT. IT WAS MODIFIED BY 91ST AMENDMENT.
THE PRESIDING OFFICER OF THE HOUSE IS THE AUTHORITY WHO TAKES FINAL DECISION ON ALL SUCH CASES.
IF IT IS PROVED THAT THE MEMBER HAS DEFECTED THEN SUCH MEMBER LOSES THE MEMBERSHIP OF THE HOUSE.
BESIDES SUCH A PERSON IS ALSO DISQUALIFIED FROM HOLDING ANY POLITICAL OFFICE LIKE MINISTERSHIP...ETC.
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DO YOU KNOW
What is Defection?
If a member remains absent in the house, when asked by party leadership to remain present.
Votes against the instruction of the party.
Voluntarily leaves the membership of the party.
If they aren’t following the instruction it is deemed as defection.
If it is proved a member has defected then such member loses the membership
And also disqualified from holding any political office.
Anti-defection gives power in hands of Party leadership presiding officer and fails to control defection at large.
The role and function of Parliamentary Officials Speaker-
The Lok Sabha is the Lower House of the Parliament. The Speaker must necessarily be a member of the Lok Sabha. The Primary function of the newly elected Lok Sabha is to elect a Speaker and a Deputy Speaker.
Election: The Speaker of the Lok Sabha is elected by the members of the Lok Sabha by a simple majority. Generally, the Speaker is taken from the ruling party while Deputy is taken from the opposition party.
Term of Office: The Speaker is elected for a period of five years. However, he is in office until a new Speaker is elected by the new House. The Speaker is elected by the new House. The Speaker does not vacate his office even when the House is dissolved. The Speaker has to vacate his office even if he ceases to be a member of the House. He can be elected as second term also.
Removal: He can be resign from his office at any time. He can also be removed from his office by a resolution passed by a majority of all members on the roll of the Lok Sabha .
Power and Functions of the Speaker:
1. To preside over the meetings of Lok Sabha: The Speaker presides over the meeting of the Lok Sabha. All the members of the House have to obey his orders. It is his responsibility to maintain order in the House. If the Situation goes out of Control he can adjourn or suspend the meeting of the House.
2. To grant permission for the Bills: The Speaker has the power to grant permission for the introduction of the Bills in the House. About this his decision is final.
3. Appointments: The Speaker appoints the Chairman and other members of the Select Committee. He also has the power to appoint the Chair Persons and members at the other committees at the other Committees of the house.
4. To maintain discipline among the members at the Lok Sabha: It is the most important duty of the speaker to maintain duty of the Speaker to maintain discipline and order in the House. If members disregards his authority in spite of warning, he can name him for suspension. In case a member does not leave the House on the order of, the Speaker can ask the watch and ward staff to lift him bodily and removed him from the House.
5. To suspend the meeting of the house: Since the Speaker is responsible to maintain discipline and order in the House, therefore, if he feels that the situation is out of control then he can adjourn and suspend the meeting of the House.
6. Decision about the Bills: It is for the Speaker to certify whether a particular Bill is a Money bill or not and his certificate is final on the point.
7. To Sign Bills passed in the House: Before sending bill to the Rajya Sabha or the President, the Speaker signs the Bills as a token of having been passed by the Lok Sabha.
8. Voting on the Bills: The Speaker decides about the admissibility of a Bill. After the admission of a bill in the house, he conducts the voting on the bill, after the voting he has the power to declare the results.
9. To safeguards the privileges of the members: The Speaker is the guardian of the privileges of the members of Lok Sabha. He can insist that action must be taken against any one guilty of violating the privileges of the members of the House.
10. To presides over the Joint Sessions: In case of a joint session/meeting of Rajya Sabha and Lok Sabha on a disputed Bill, the Speaker of the Lok Sabha presides the meeting or sessions.
The role and function of Deputy speaker-
Deputy Speaker is the second highest ranking legislative officer of the Lok Sabha, the lower house of the Parliament of India. They act as the presiding officer in case of leave or absence caused by death or illness of the Speaker of the Lok Sabha. It is by convention that position of Deputy Speaker is offered to opposition party in India.
Article 93 of the Constitution provides for the election of both the Speaker and the Deputy Speaker.
•The constitutional office of the Deputy Speaker of the Lok Sabha is more symbolic of parliamentary democracy than some real authority.
•There is no need to resign from their original party though as a Deputy Speaker, they have to remain impartial.
Election: Usually, the Deputy Speaker is elected in the first meeting of the Lok Sabha after the General elections from amongst the members of the Lok Sabha.
•It is by convention that position of Deputy Speaker is offered to opposition party in India.
Tenure and removal:
•The Deputy Speaker is elected for a term of 5 years from amongst the members of the Lok Sabha.
•They hold office until either they cease to be a member of the Lok Sabha or they resign.
•They can be removed from office by a resolution passed in the Lok Sabha by an effective majority of its members.
Roles and functions:
•They act as the presiding officer in case of leave or absence caused by death or illness of the Speaker of the Lok Sabha.
•In case of the absence of the Speaker, the Deputy Speaker presides over the sessions of the Lok Sabha and conducts the business in the house. He decides whether a bill is a money bill or a non-money bill.
•They maintain discipline and decorum in the house and can punish a member for unruly behavior by suspending him/her.
•They permit the moving of various kinds of motions and resolutions like the motion of no confidence, motion of adjournment, motion of censure and calling attention notice
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