indian governance and polity_my parliament

7/25/2019 Indian Governance and Polity_MY Parliament

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Indian Governance and Polity

MY Parliament Monsoon Session 2016


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IN EX

Chapter 1 Indian Parliament through ages.. .4

Chapter 2 Parliament Structure..6

Chapter 3

Executive .10

President

Vice president of India

Prime minister of India

Council of ministers

Chapter 4 Lok Sabha.14

Speaker

Members

Chapter 5 Rajya Sabha17

Chairman

Members

Chapter 6 Bills.18

Public vs. Private Bill

Ordinary Bills

Money Bill

Financial Bill

Constitutional Amendment

Parliamentary Committees


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Chapter 7 Devices of Parliamentary Proceedings.20

Question hour

Motions

Half an hour discussion

Short duration discussion

Point of order

Lame-duck session

Resolutions

Allotment of time

Chapter 8 Budget in Parliament26

Demands for Grants

Railway Budget

Contingency Fund

Public Account of India

Consolidated Fund of India

Vote on Account

Cut Motions

Appropriation Bill

Finance Bill

Budget of a State/Union Territory under Presidents Rule

Chapter 9 Working of Parliament..31

Bibliography. .35

Annexure .....37


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CHAPTER 1

INDIAN PARLIAMENT THROUGH AGES

The Parliament of Indiais the supremelegislative body of theRepublic of India.

According to Article 79 of the Constitution of India, the Parliament consists of President of

India and the two Houses of Parliament known as Council of States (Rajya Sabha) and House

of the People (Lok Sabha).

Parliamentary institutions in India, with all their modern ramifications, owe their origin to

India's British connections. The Indian Independence Act, 1947 declared the ConstituentAssembly of India to be a full sovereign body. Apart from being a Constitution drafting body,

it also assumed full powers for the governance of the country.

There were several acts that led to the present Parliament of India. :-

Government of India Act, 1858

Government of India Act, 1858 declared that India shall be governed by and in the name of

the Queen. However, the Government of India was to be carried on by the Viceroy on behalf

of the Queen.

The Secretary of State was given the power to superintend, control and direct the affairs of

the Government of India. He would sit in the Parliament and was assisted bySecretary. The

India Council consisted of 15 members. Seven of them were elected by the Court of

Directors and the rest of the 8 members were appointed by the Crown. The Secretary of

State for India presided over the meetings of the India Council. Rules and regulations made

in India or by the Secretary of State were placed before the House of Commons.

The Act of 1858 divided the patronage between the Government of India and the Secretary

of State-in-Council. Appointments to the covenanted civil service were made by open

competition in accordance with the rules made by the Secretary of State-in-Council with the

help of the Civil Service Commissioners.

Indian Councils Act of 1861

The Indians Councils Act of 1861 introduced reforms in the legislative purpose. For the

convenience of legislation, the viceroy's executive council was expanded by the addition of

members. These members were directly nominated by the Governor General, who held

their office for tenure of two years. The legislative and the administrative authority of the

Governor-General-in-Council, was asserted over all the provinces and extended to all theinhabitants.
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Indian Councils Act, 1892

The Indian Councils Act of 1892 widened the functions of the legislature. The members

could ask questions from the executive. The Councils Act of 1892 made it obligatory that the

financial accounts of the currents year and the budget for the following year should be

presented in the legislature. The members were permitted to make general observations

and on the budget and make suggestions for increasing or decreasing revenue and

expenditure.

Apart from these the recognition of the principle of election introduced by the Acts of 1892,

was a measure of constitutional significance.


Some of its provisions were well drawn up. In later days they were found suitable for

inclusion in the constitution of independent India.

It provided for a federation that included not only the various provinces of British India but

also the princely states. A very elaborate division of power was envisaged. Some subjects

would be federal i.e. central, others provincial, and still others were 'concurrent'. Dyarchy

was introduced at the center. This meant that certain 'reserved' subjects i.e. defense,

external affairs, etc. were administered exclusively by the Governor General.


This Act provided for an All India Federation. It envisaged that the provinces would join the

federation automatically, and provided for voluntary entry by the prince of each state

executing an Instrument of Accession in favor of the Crown.

It provided for dyarchy at the Centre (that is, defense, external affairs, ecclesiastical affairs

and administration of tribal areas were to be handled by the Governor-General with the

assistance of three counselors appointed by him. In the other federal subjects, the

Governor-General was to be aided and advised by a council of ministers not exceeding 10 in

number). The federal ministry was formed on the usual cabinet lines, and in addition,

included the representation of important minorities. The Governor-General had an

Instrument of Instructions to secure the best representation. Collective responsibility, with

the ministry being responsible to the federal legislature, was its essential feature. The

Government of India Act provided for a Federal Court of India to interpret the Constitution,

with jurisdiction over the states and provinces.


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The Indian Independence Act, 1947

The British Government accorded formal approval to the Mountbatten Plan by enacting the

Indian Independence Act on 18 July 1947.

The Act provided for the transfer of power to the Constituent Assemblies of the two

Dominions India and Pakistan, which then had full authority to frame their respective

Constitutions. Lord Mountbatten was made the first Governor General of Independent

India, whereas Mohammad Ali Jinnah became the first Governor General of Pakistan.

NOTE- The Constitution framed by the Constituent Assembly was adopted on 26 November

1949 and it came into force on 26 January 1950. The first General Elections were held in

the year 1952 under the new Constitution. Until then, from 1950 to 1952, The Constituent

Assembly itself functioned as the Provisional Parliament. The two Houses of Parliament

came into being in 1952.

CHAPTER 2 - PARLIAMENT STRUCTURE

Parliament House Estate comprises

the Parliament House, Reception

Office building, Sansadiya

Gyanpeeth (Parliament Library

Building), Parliament House Annexe

and the extensive lawns.

Parliament House Estate

Note: The approach roads which cut across the Parliament House Estate and form part of

the Estate are not allowed to be used as public thoroughfares.


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The building was designed by two famous architectsSir Edwin Lutyens and Sir Herbert

Bakerwho were responsible for the planning and construction of New Delhi.

The Foundation Stone of Parliament House was laid on the 12th February, 1921 by H.R.H.

The Duke of Connaught.

Size of the Building

Parliament House is a massive circular edifice 560 feet (170.69 metres) in diameter. Itscircumference is one-third of a mile 536.33 metres and it covers an area of nearly six acres

(24281.16 square metres). The open verandah on the first floor is fringed with a colonnade

of 144 creamy sandstone columnseach 27 feet (8.23 metres) high. The building has twelve

gates among which Gate No. 1 on the Sansad Marg is the main gate.

Architectural Design

The layout of fountains both inside and outside the building, the use of Indian symbols, the

"Chhajjas" and the varied forms of "Jali" are reminders of the story of the craftsmanship

displayed in ancient monuments and memorials. With the ancient features of Indian art are

mingled modern scientific achievements in acoustics, air-conditioning, simultaneous

Interpretation and Automatic Voting etc.

Parliament Building Parliament Sessioon


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Lok Sabha Chamber

The Chamber of the Lok Sabha is semi-circular in shape with a floor area of about 4800 sq.

feet (446 square metres).

The Chair of the Speaker is placed on a raised platform at the centre of the diameter

connecting the two ends of the semi-circle. To the right of the Chair is located the Official

Gallery meant for the use of the officials required to be present in attendance on Ministers

in connection with the business of the House. To the left of the Chair is the Special Boxreserved for the Members of the family and guests of the President, Governors of States,

Heads and Prime Ministers of Foreign States and other high personalities in the discretion of

the Speaker.

Members Lobbies

Adjoining the Chamber and co-terminus with it are two covered corridors called the Inner

and Outer Lobbies. These Lobbies are well furnished to make them a comfortable place for

Members to sit and have informal discussions among themselves.

Visitors Galleries

In the first floor of the Lok Sabha Chamber are located the various public galleries and the

Press Gallery. The Press Gallery, Speakers Gallery (meant for the guests of the Speaker), the

Rajya Sabha Gallery (meant for Rajya Sabha Members) and the Special Gallery and

Diplomatic and Distinguished Visitors Galleries.

Automatic Vote Recording SystemAn Integrated System on Microphone Management, Simultaneous Interpretation and

Automatic Vote Recording has been installed in the Lok Sabha Chamber for recording vote

during the time for Division in the House. It enables the Members to record their votes

quickly in cases of Division.


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The Interpretation system is designed to interpret the proceedings of the House

simultaneously from English into Hindi and vice versa and from Assamese, Kannada,

Malayalam, Manipuri, Marathi, Oriya, Punjabi, Sanskrit,Tamil and Telugu into English and

Hindi. A Memberintending to speak in any one of these languages is to give advance

intimation to the Officer at the Table.

Simultaneous Interpretation System

Result of Voting

Immediately after the sounding of the second audio-alarm, the System starts totalling up

the affirmative and negative votes besides abstentions and the total numbers of AYES,

NOES and ABSTAIN are flashed on the Total Result Display Boards. It also indicates thetotal number of members who have exercised their vote.

Rajya Sabha Chamber

This is almost on the same pattern as that of the Lok Sabha Chamber but it is smaller in size.

It has a seating capacity of 250. It is also equipped with modern sound equipment,

Automatic Vote Recording and the Simultaneous Interpretation System.

Parliament Library Building (Sansadiya Gyanpeeth)

Till May 2002 the Parliament Library was functioning from the Parliament House. With time

the library service expanded into what is now familiarly known as LARRDIS (Library &

Reference, Research, Documentation & Information Service). The accommodation available

to the Parliament Library and its allied services in the Parliament building was too limited to

cope with the volume of literature being acquired by it. Besides, there had been a growing

demand for making available to the members of Parliament a more effective, efficient and

modern Research, Referenceand Information Service. In order to satisfy this requirement

the new Parliament Library Building (Sansadiya Gyanpeeth) was conceived.


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The foundation stone was laid by Shri Rajiv Gandhi the then Honble Prime Minister on15

August 1987 and the Bhoomi Poojan was performed by Shri Shivraj V. Patil, the then

Honble Speaker on 17 April, 1994

Components of the union government

CHAPTER 3- EXECUTIVE

PRESIDENT

The President of India is the head of the executive, legislature and judiciary of the country.

Article 52 of the Constitution of India says that there should be a President of India. Article

53 says that all the executive powers of the Union shall be exercised by him either directly

or through officers subordinates to him.

Termof office

Article 56 of the Indian Constitution says that the President shall hold office for a term of

five years from the date he takes up his post. He may resign from his office by writing his

resignation to the Vice-President of India. But, he will continue to hold his office, in spite of

tendering his resignation, until his successor takes up his office. And, before his office gets

vacated, an election should be held for the same.


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Powers

The President of India is vested with the Executive, Legislative, Emergency, Diplomatic,

Judicial and Military powers.

Executive powers

All the executive powers of the Union shall be vested in him. These powers should be

exercised by him in accordance with the Constitution of India. He appoints the Prime

Minister and the Council of Ministers. He also appoints the judges of the Supreme Court and

the High Courts in the states, besides appointing the Attorney General and Comptroller and

auditor General of India. Among other critical powers, he enjoys the pardoning power,whereby he can pardon the death sentence awarded to a convict.

Legislative powers

He dissolves the Lok Sabha and can end a session of the Parliament. He also addresses the

Parliament in its first session every year. He nominates 12 members to the Rajya Sabha who

are leading figures in the fields of science, art, literature and social service. He can also

nominate 2 members to the Lok Sabha from the Anglo-Indian Community. When a bill is

passed by the Parliament, the President can give or withhold his assent to it. He can also

return it to the Parliament, unless it's a Money Bill or a Constitutional Amendment Bill.

Emergency powers

He can declare national, state and financial emergency. National emergency can be done on

the written request of the Cabinet Ministers after the proclamation has been approved by

the Parliament. State emergency can be imposed in a state if it fails to run constitutionally.

Financial emergency can be proclaimed if there is a likelihood of the financial instability in

the country.

Financial powers

Only when the President recommends a money bill can be introduced in the Parliament. He

lays the Union budget before the Parliament and makes advances out of the Contingency

Fund.

Diplomatic, Military and Judicial powers

He appoints ambassadors and high commissioners to other countries. All international

treaties are signed on his behalf. Under Military powers, he can declare war and conclude

peace. He appoints Chief of Army, Navy and Air Force. He can dismiss judges if the two-third

majority of the members present of the two Houses of the Parliament pass the resolution to

that effect.


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VICE PRESIDENT OF INDIA

According to the Constitution of India, the office of the Vice President is the second highest

constitutional post in independent India. The Vice President is the 'ex-officio' Chairperson of

the Rajya Sabha. The office of the President and the Vice President cannot be combined in

one person, as per the Constitution of India.

Powers

The Vice President of India, after the President, is the highest dignitary of India, and certain

powers are attached to the office of the Vice President. These are:

The Vice President shall discharge the functions of the President during the temporary

absence of the President which might occur due to illness or any other cause due to which

the President is unable to carry out his functions.

The Vice President shall act as the President, in case of any vacancy in the office of the

President by reason of his death, resignation, removal through impeachment or otherwise.

The Vice President shall take over the duties of the President until a new President is

elected and resumes office.

PRIME MINISTER OF INDIA

The Prime Minister of India is the head of the executive branch of the Government of India.

His position is distinct from that of the President of India, who is the head of the State. As

India follows a parliamentary system of government modelled after the Westminster

system, most of the executive powers are exercised by the Prime Minister. He acts as an

advisor to the President and is the leader of the Council of Ministers. The President appoints

the Prime Minister of India and on his advice, appoints the Council of Ministers. The Prime

Minister can be a member of either the Lok Sabha or the Rajya Sabha.


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Powers

The various powers and authorities enjoyed by the Prime Minister are as follows:

Head of the Government:

The Prime Minister of India is the head of the Government. All the important decision-

making bodies in India, like the Union Cabinet and the Planning Commission, runs under his

supervision.

Leader of the Council of Ministers:

As far as the Prime Ministers relation to the Council of Ministers is concerned, his position

is that of First among Equals. In the case of death or resignation of the Prime Minister, the

entire Council of Ministers has to resign. The ministers directly report to the Prime Minister.He can also remove a minister by asking for his resignation or having him dismissed by the

President.

Leader of the Parliament:

The Prime Minister is the Leader of the House to which he belongs. He can also take part in

debates in the House of which he is not a member. He can also advise the President to

dissolve the Lok Sabha.

Representative of the Country:

In international affairs, he is the spokesperson of the country. The Prime Minister plays a

major role in directing Indias foreign policy.

In-Charge of Ministries:

Prime Minister also retains certain portfolios that are not allocated to other ministers. He is

generally in charge of the following ministries/departments:

Ministry of Personnel, Public Grievances and Pensions

Ministry of Planning Department of Atomic Energy

Department of Space

Appointments Committee of the Cabinet


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COUNCIL OF MINISTERS

The Union Council of Ministersis the supreme decision-making body in India.Only the

Prime Minister and ministers of the rank of "Cabinet Minister" are members of the Cabinet.

The most senior civil servant in India, called theCabinet Secretary,leads theCabinet

Secretariat,and provides administrative assistance to the Council of Ministers.\ Ministers of

State are tasked with assisting Cabinet Ministers in their work.

Regulations

As a collective, the Council of Ministers is responsible to the lower house of theIndian

Parliament,called theHouse of the People.According to theConstitution of India,the total

number of ministers in the Council of Ministers must not exceed 15% of the total number of

members of the House of the People. Ministers must be members of parliament. Any

minister who is not a member of either the lower or upper houses of parliament for six

consecutive months is automatically stripped of his or her ministerial post.

Ranking

There are three categories of ministers, in descending order of rank:

Cabinet Minister: member of cabinet; leads a ministry

Minister of State (Independent Charges): minister not reporting to a cabinet minister

Minister of State (MoS): junior minister reporting to a cabinet minister, usually tasked

with a specific responsibility in that ministry

CHAPTER 4 LOK SABHA

Lok Sabha is lower house of bicameral parliament of India, with the higher house being

Rajya Sabha. The Lok Sabha (House of the Leaders) was duly constituted for the first time on

17 April 1952 after the first General Elections held from 25 October 1951 to 21 February

1952. Lok Sabha is composed of representatives of the people chosen by direct election on

the basis of the adult suffrage.

The total elective membership is distributed among the States in such a way that the ratio

between the number of seats allotted to each State and the population of the State is, so far

as practicable, the same for all States.
https://en.wikipedia.org/wiki/Cabinet_Secretary_(India)https://en.wikipedia.org/wiki/Cabinet_Secretariat_of_Indiahttps://en.wikipedia.org/wiki/Cabinet_Secretariat_of_Indiahttps://en.wikipedia.org/wiki/Union_Council_of_Ministers#cite_note-Functions_of_Cabinet_Secretariat-3https://en.wikipedia.org/wiki/Indian_Parliamenthttps://en.wikipedia.org/wiki/Indian_Parliamenthttps://en.wikipedia.org/wiki/House_of_the_People_(India)https://en.wikipedia.org/wiki/Constitution_of_Indiahttps://en.wikipedia.org/wiki/Constitution_of_Indiahttps://en.wikipedia.org/wiki/House_of_the_People_(India)https://en.wikipedia.org/wiki/Indian_Parliamenthttps://en.wikipedia.org/wiki/Indian_Parliamenthttps://en.wikipedia.org/wiki/Union_Council_of_Ministers#cite_note-Functions_of_Cabinet_Secretariat-3https://en.wikipedia.org/wiki/Cabinet_Secretariat_of_Indiahttps://en.wikipedia.org/wiki/Cabinet_Secretariat_of_Indiahttps://en.wikipedia.org/wiki/Cabinet_Secretary_(India)


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SPEAKER

The Speaker of Lok Sabha plays a pivotal role. While the members of Parliament represent

their respective constituencies, speaker represents the whole house. The role of speaker is

very important as she is considered the authority to regulate the business of house. She

represents the dignity and integrity of the house.He holds office from the date of her

election till immediately before the first meeting of the Lok Sabha after the dissolution of

the one to which she was elected. She is eligible for re-election.In the Lok Sabha, the Lower

House of the Indian Parliament, both Presiding Officersthe Speaker and the Deputy

Speaker- are elected from among its members by a simple majority of members present and

voting in the House.

Powers:

1. She has power to decide the admissibility of a question as well as the way in which the

motion should be put forward.

2. Speaker can allow member to withdraw and can ask any member to leave the house for a

specific period.

3. The Speaker is the guardian of the rights and privileges of the House, its Committees and

members. It depends solely on the Speaker to refer any question of privilege to the

Committee of Privileges for examination, investigation and report. The entire

Parliamentary Estate is under the authority of the Speaker.

4. It is the Speaker who decides on granting recognition to the Leader of the Opposition in

the Lok Sabha. Following the 52nd Constitution amendment, the Speaker is vested with

the power relating to the disqualification of a member of the Lok Sabha on grounds of

defection.

5. Each and every action in house is regulated by the speaker.

Members

According to Constitution, Lok Sabha shall consist of 552 members directly elected by

people through adult suffrage. The 530 member should be elected from states where as 20

should be elected from UT. 2 members can be nominated by President from anglo-Indian

community, if President feels that they are not adequately represented in the house.

All members from states and union territories are elected through adult suffrage. They

are directly elected by the people.


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In Lok Sabha there is reservation of seats for Scheduled Castes and Scheduled Tribes.

Here census figures are taken into account.

Allocation of seats for Scheduled Castes and Tribes in the Lok Sabha are made on thebasis of proportion of Scheduled Castes and Tribes in the State concerned to that of the

total population, vide provision contained in Article 330 of the Constitution of India read

with Section 3 of the Representation of Peoples Act, 1950.

For Scheduled Castes, 84 seats are reserved in Lok Sabha. For Scheduled Tribes, 47 seats

are reserved in Lok Sabha. The 1st schedule to R. P. Act, 1950 as amended vide

Representation of People (Amendment) Act , 2008 gives the Statewise break up.

Leader of house is by default Prime minister. If Prime Minister is not a member of Lok

Sabha, he can nominate other member as leader of house. Leader of opposition is the

person who officially leads the opposition in the house. To the party to be named as an

opposition must have at least 10 percent seats of total strength (55 in LokSabha). The

leader of opposition is also provided with salary and allowances as determined by the

house. In current Lok Sabha, there is no official leader of opposition as none of the

parties met the prescribed criteria.

Anti-Defection Law

The 52nd amendment to the Constitution added the Tenth Schedule which laid down the

process by which legislators may be disqualified on grounds of defection. A Member of

Parliament or state legislature was deemed to have defected if:

He either voluntarily resigned from his party or disobeyed the directives of the party

leadership on a vote. That is, they may not vote on any issue in contravention to the

partys whip.

Independent members would be disqualified if they joined a political party.Nominated members who were not members of a party could choose to join a party

within six months; after that period, they were treated as a party member or

independent member.


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Exceptions:

Any person elected as speaker or chairman could resign from his party, and rejoin the

party if he demitted that post. A party could be merged into another if at least two-thirds of its party legislators voted

for the merger.

The law initially permitted splitting of parties, but that has now been outlawed.

CHAPTER 5 RAJYA SABHA

Rajya Sabha is the upper house of the Parliament. Rajya Sabha is a council of states. The

Council of States which is also known as Rajya Sabha, a nomenclature that was announced

by the chair in the House on the 23rd August, 1954 has its own distinctive features.

Chairman

The Presiding Officers of Rajya Sabha have the responsibility to conduct the proceedings of

the House. The Vice-President of India is ex-officio Chairman of Rajya Sabha. Rajya Sabha

also chooses from amongst its members, a Deputy Chairman. There is also a Panel of Vice-

Chairman in Rajya Sabha, the members of which are nominated by the Chairman, Rajya

Sabha. In the absence of the Chairman and Deputy Chairman, a member from the Panel of

Vice-Chairmen presides over the proceedings of the House.

Members

Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of

which 12 members are nominated by the President and 238 are representatives of the

States and of the two Union Territories. The present strength of Rajya Sabha, however, is

245, out of which 233 are representatives of the States and Union territories of Delhi andPuducherry and 12 are nominated by the President. The members nominated by the

President are persons having special knowledge or practical experience in respect of such

matters as literature, science, art and social service. The Fourth Schedule to the Constitution

provides for allocation of seats to the States and Union Territories in Rajya Sabha. The

allocation of seats is made on the basis of the population of each State.


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CHAPTER 6 BILLS

Passing of the Bills

Public vs. Private Bill

Public bills are the bills introduced by the government where as private bills are introduced

by individual member of the parliament. Only 14 private members bill have been passed by

both Houses and become law in the history of Indian Parliament.

Ordinary Bills

Ordinary bills are concerned with any matter other than Financial Bills, money Bills and

Constitutional Amendment Bills.Such Bills can be introduced in either House of IndianParliament (Lok Sabha or Rajya Sabha) without the recommendations of President of India.

These bills are passed by Simple Majority in both the Houses.

MoneyBill

These are defined in Article 110. These Bills deal with the taxes, borrowings, consolidated and

contingency funds, audit and accounting, etc. Article 109 of Indian Constitution gives special

procedure regarding Money Bills. A money Bill can originate only in Lok Sabha after the

recommendations of the President. Through the Bill is sent to Rajya Sabha also but even Rajya

Sabha rejects/returns the Bill (within days necessarily), the Bill is deemed to be passed. The

Appropriation Bill and Annual Financial Bill (Budget) are Money Bills.


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Financial Bill

Any Bill dealing with revenues or expenditure but not certified as Money Bill by the Speaker is a

Financial Bill. Financial Bill can only be introduced in Lok Sabha on the recommendations of the

President & should be passed by both the Houses of Indian Parliament (Lok Sabha or Rajya Sabha)

by Simple majority.

Constitutional Amendment

Under Article 368 of Indian Constitution with the powers of the Parliament to amend the

Constitution, this bill can be introduced in any of the two Houses without recommendations of

the President. Such Bills must be passed by each house (Lok Sabha and Rajya Sabha) separately

with a special majority (two third of the members present and voting which must be more than

absolute majority).By 24th Constitution amendment Act, 1971 it is obligatory for the President to

give his assent to the Constitutional Amendment Bills.

Deadlock over passage of bills- A deadlock is deemed to have taken place under any one of

the following three situations after a bill has been passed by one House and transmitted to

the other House:

1. if the bill is rejected by the other House

2. If the Houses have finally disagreed as to the amendments to be made in the bill or

3. If more than six months have elapsed from the date of the receipt of the bill by the other

House without the bill being passed by it.

In the above three situations, the President can summon both the Houses to meet in a joint

sitting for the purpose of deliberating and voting on the bill. It must be noted here that the

provision of joint sitting is applicable to ordinary bills or financial bills only and not to money

bills or Constitutional amendment bills.

Parliamentary Committees

Parliamentary Committees are of two kinds: Ad hoc Committees and the Standing

Committees. Ad hoc Committees are appointed for a specific purpose and they cease to

exist when they finish the task assigned to them and submit a report. The principal Ad hoc

Committees are the Select and Joint Committees on Bills. Others like the Railway

Convention Committee, the Committees on the Draft Five Year Plans and the Hindi

Equivalents Committee were appointed for specific purposes. Apart from the Ad hoc

Committees, each House of Parliament has Standing Committees like the Business Advisory

Committee, the Committee on Petitions, the Committee of Privileges and the RulesCommittee, etc.


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When a Bill comes up before a House for general discussion, it is open to that House to refer

it to a Select Committee of the House or a Joint Committee of the two Houses. A motion hasto be moved and adopted to this effect in the House in which the Bill comes up for

consideration. In case the motion adopted is for reference of the Bill to a Joint Committee,

the decision is conveyed to the other House requesting them to nominate members of the

other House to serve on the Committee. The Select or Joint Committee considers the Bill

clause by clause just as the two Houses do. Amendments can be moved to various clauses

by members of the Committee. The Committee can also take evidence of associations,

public bodies or experts who are interested in the Bill. After the Bill has thus been

considered the Committee submits its report to the House. Members who do not agree with

the majority report may append their minutes of dissent to the report.

A full-fledged system of 17 Departmentally Related Standing Committees came into

being in April, 1993. These Committees cover under their jurisdiction all the

Ministries/ Departments of the Government of India.

CHAPTER 7 - DEVICES OF PARLIAMENTARY PROCEEDINGS

QUESTION HOUR

The first hour of every parliamentary sitting is slotted for this. During this time, the

members ask questions and the ministers give answers to the queries posed. The

questions are of three kinds, namely, starred, unstarred and short notice.

1. A starred question(distinguished by an asterisk) requires an oral answer and hence

supplementary questions can follow.

2. An unstarred question,on the other hand, requires a written answer and hence,

supplementary questions cannot follow.

3. A short notice question is one that is asked by giving a notice of less than ten days. It

is answered orally.


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Following is the youtube link to the question hour video

https://www.youtube.com/watch?v=riZtFpjXuto

Question Hour Sample
https://www.youtube.com/watch?v=riZtFpjXutohttps://www.youtube.com/watch?v=riZtFpjXutohttps://www.youtube.com/watch?v=riZtFpjXuto


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A brief description of various types of motions has been given below:

CLOSURE MOTION

It is a motion moved by a member to cut short the debate on a matter before the

House. If the motion is approved by the House, debate is stopped forthwith and the

matter is put to vote. There are four kinds of closure motions:

(a) Simple Closure: It is one when a member moves that the matter having been

sufficiently discussed be now put to vote

(b) Closure by Compartments: In this case, the clauses of a bill or a lengthy resolution

are grouped into parts before the commencement of the debate. The debate covers the

part as a whole and the entire part is put to vote

(c) Kangaroo Closure: Under this type, only important clauses are taken up for debate

and voting and the intervening clauses are skipped over and taken as passed.

(d) Guillotine Closure: It is one 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 (as the time allotted

for the discussion is over)

NO-CONFIDENCE MOTION

Article 75 of the Constitution says that the council of ministers shall be collectively

responsible to the Lok Sabha. It means that the ministry stays in office so long as it

enjoys confidence of the majority of the members of the Lok Sabha. The Lok Sabha can

remove the ministry from office by passing a no-confidence motion. The motion needs

the support of 50 members to be admitted.

PRIVILEGE MOTION

It is concerned with the breach of parliamentary privileges by a minister. It is moved by

a member when he feels that a) a minister has committed a breach of privilege of the

House, b) one or more of its members by withholding facts of a case or by giving wrong

or distorted facts. Its purpose is to censure the concerned minister.


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MOTION OF THANKS

The first session after each general election and the first session of every fiscal year is

addressed by the President. In this address, the President outlines the policies andprogrammes of the government in the preceding year and ensuing year. This address of

the President is discussed in both the Houses of Parliament on a motion called the

Motion of Thanks. At the end of the discussion, the motion is put to vote. This motion

must be passed in the House otherwise, it amounts to the defeat of the government.

CALLING ATTENTION MOTION

It is introduced in the Parliament by a member to call the attention of a minister to a

matter of urgent public importance, and to seek an authoritative statement from him on

that matter. Like the zero hour, it is also an Indian innovation in the parliamentary

procedure and has been in existence since 1954. However, unlike the zero hour, it is

mentioned in the Rules of Procedure.

NO-DAY-YET-NAMED MOTION

It is a motion that has been admitted by the Speaker but no date has been fixed for its

discussion. The Speaker, after considering the state of business in the House and in

consultation with the leader of the House or on the recommendation of the Business

Advisory Committee, allots a day or days or part of a day for the discussion of such a

motion.

CENSURE MOTION

It can be moved against an individual minister or a group of ministers or the entire

council of ministers. It is moved for censuring the council of ministers for specific policies

and actions. If it is passed in the Lok Sabha, the council of ministers need not resign from

the office.

HALF AND HOUR DISCUSSION

It is meant for discussing a matter of sufficient public importance, which has been

subjected to a lot of debate and the answer to which needs elucidation on a matter of

fact. The Speaker can allot three days in a week for such discussions. There is no formal

motion or voting before the House.


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SHORT DURATION DISCUSSION

It is also known as two-hour discussion as the time allotted for such a discussion should

not exceed two hours. The members of the Parliament can raise such discussions on a

matter of urgent public importance. The Speaker can allot two days in a week for such

discussions. There is neither a formal motion before the house nor voting.

POINT OF ORDER

A Member can raise a point of order when the proceedings of the House do not follow

the normal rules of procedure. It is usually raised by an opposition member in order to

control the government. It is an extraordinary device as it suspends the proceedings

before the House. No debate is allowed on a point of order.

SPECIAL MOTION

A matter which is not a point of order or which cannot be raised during question hour,

half-an hour discussion, short duration discussion or under adjournment motion, calling

attention notice or under any rule of the House can be raised under the special mention

in the Rajya Sabha. Its equivalent procedural device in the Lok Sabha is known as Notice

(Mention) Under Rule 377.

ADJOURNMENT MOTION

When there is an urgent matter of public importance then a member may propose that

the business of the house be adjourned for discussing that matter. This motion can be

moved only with the consent of the Speaker.

Motions of the House


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LAME-DUCK SESSION

It refers to the last session of the existing Lok Sabha, after a new Lok Sabha has been

elected.

RESOLUTIONS

Most of the business in Parliament is transacted by means of motions. After a matter

has been discussed, the motion is put to the vote of the House, which is technically

known as putting the question. "The decision which the putting of the question has thus

elicited turns the motion into a resolution of order." Every question, when agreed to,

assumes the form either of an order or of a resolution of the House. By its resolutions,

the House declares its own opinions and purposes.

Resolutions may be categorized as: private members' resolutions, Government

resolutions and statutory resolutions. To the first category belong resolutions which are

moved by a member, other than a Minister, on an allotted day; in the second category

fall resolutions which are moved by Ministers; and the last category covers resolutions

which are moved in pursuance of a provision contained in the Constitution or an Act of

Parliament.

Allotment of time

The last two and a half hours of a sitting on every alternate Friday in the session are

allotted for the discussion of private members' resolutions. The Chairman may, in

consultation with the Leader of the House, allot any day other than a Friday for the

purpose. If there is no sitting of the House on a Friday, the Chairman may direct that two

and a half hours on any other day in the week may be allotted for private members'

resolutions.


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CHAPTER 8 - BUDGET IN PARLIAMENT

In line with the democratic principle of no taxation or expenditure without the authority of

the legislature. It is only the executive which can make demands before the legislature for

taxation and expenditure.

Article 112of the constitution of India provides that at the beginning of every financial year,

the President shall, in respect of the financial year, cause to be laid before both the houses

of Parliament. This will be in the form of a statement which is an estimated receipts and

expenditure of the Government of India for that year. This statement is called the Annual

Financial Statement which is popularly known as the Budget.

Need for Budget

The need for proper budgeting arises when there is a need to allocate scarce resources to

various Governmental activities. Everyitem of expenditure has to be well thought out and

total outlay worked out for a specific period. Prudent spending is essential for the stabilityof a Government and proper earnings are a pre-requisite to wise spending.

Parliamentary Control over Finance

The Constitution has vested the power over the purse in the hands of chosen

representatives of the people thus sanctifying the principle no taxation without

representation. Preparation of Budget for the approval of the Legislature is a Constitutional

obligation of the Government both at the Centre and the State levels.

There are specific provisions in the Constitution of India incorporating these tenets. For

example, article 265 providesthat no tax shall be levied or collected except by authority of

law; no expenditure can be incurred except with the authorization of the Legislature

(Article 266); and President shall, in respect of every financial year, cause to be laid before

Parliament, Annual Financial Statement (Article 112).


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The Budget

The Annual Financial Statement, laid before both the Houses of Parliament constitutes the

Budget of the Union Government. This statement takes into account a period of one

financial year. The financial year commences in India on 1st April each year. The statement

embodies the estimated receipts and expenditure of the Government of India for the

financial year.

The Budget


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Demands for Grants

The estimates of expenditure included in the Budget and which is required to be voted by

Lok Sabha are in the form of Demands for Grants. These Demands are arranged Ministry-

wise and a separate Demand for each of the major services is presented. Each Demand

contains first a statement of the total grant and then a statement of the detailed estimate is

divided into items.

Railway Budget

The Budget of the Indian Railways is presented separately to Parliament and dealt with

separately, although the receipts and expenditure of the Railways form part of theConsolidated Fund of India. The total figures relating to them are included in the Annual

Financial Statement.

Contingency Fund

The Contingency Fund of India is established under article 267(1) of the Indian Constitution.

It is in the nature of an imprest (money maintained for a specific purpose).The fund is held

by the Finance Secretary (Department of Economic Affairs) on behalf of the President of

India and it can be operated by executive action. Similarly, Contingency Fund of each State

Government is established under Article 267(2) of the Constitutionthis is in the nature of

an imprest placed at the disposal of the Governor to enable him/her to make advances to

meet urgent unforeseen expenditure, pending authorization by the State Legislature.

Public Account of India

Public Account of India accounts for flows for those transactions where the government is

merely acting as a banker. This fund was constituted under Article 266 (2) of the

Constitution

Consolidated Fund of India

Under Article 266 (1) of the Constitution of India, all revenues received by the Union

government as well as all loans raised by issue of treasury bills, internal and external loans

and all moneys received by the Union Government in repayment of loans shall form a

consolidated fund entitled the 'Consolidated Fund of India' for the Union Government.


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Presentation

In India, the Budget is presented to Parliament on such date as is fixed by the President. The

Budget speech of the Finance Minister is usually in two parts. Part A deals with general

economic survey of the country while Part B relates to taxation proposals.

The General Budget is presented in Lok Sabha by the Minister of Finance. He makes a

speech introducing the Budget and it is only in the concluding part of his speech that the

proposals for fresh taxation or for variations in the existing taxes are disclosed by him. The

Annual Financial Statement is laid on the Table of Rajya Sabha at the conclusion of the

speech of the Finance Minister in Lok Sabha.

Budget Documents

Along with the Annual Financial Statement Government presents the following documents:

an Explanatory Memorandum briefly explaining the nature of receipts and expenditure

during the current year and the next year while informing the public the reasons for

variations in the estimates for the two years. The Books of Demands showing the provisions

Ministry-wise and a separate Demand for each Department and service of the Ministry. The

Finance Bill which deals with the taxation measures proposed by Government is introduced

immediately after the presentation of Budget. It is accompanied by a memorandum

explaining the provisions of the Bill and their effect on the finances of the country.

Vote on Account

Vote-on-account literally means a vote on the accounts of the government. Usually, the

annual budget is presented by the end of February after which it is discussed details of

the budget are scrutinized by a Parliamentary committee and it is finally passed by mid-

May. However, this time, this could be in the middle of elections or another government

could be in power depending on the election schedule.

During elections and till a new government takes over, the caretaker government needs

funds for various routine items of expenditure like staff salaries without which there

would be a financial crisis. According to the Constitution, the government cannot spend any

money without Parliament's approval.

Hence, vote on account is taken whereby a government gets the parliamentary approval to

run the government for a few months, using funds drawn from the Consolidated Fund ofIndia.


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Automated Voting System

Discussion

The Budget is discussed in two stages in Lok Sabha. First, there is the General Discussion on

the Budget as a whole. This lasts for about 4 to 5 days. Only the broad outlines of the

Budget and the principles and policies underlying it are discussed at this stage.

Cut Motions

Motions for reduction to various Demands for Grants are made in the form of Cut Motions

which are invoked. They are invoked in order to reduce the sum sought by Government on

grounds of economy or difference of opinion on matters of policy or just in order to voice a

grievance.

Appropriation Bill

After the General Discussion on the Budget proposals and Voting on Demands for Grants

have been completed, Government introduces the Appropriation Bill. The Appropriation Bill

is intended to give authority to Government to incur expenditure from and out of the

Consolidated Fund of India. The procedure for passing this Bill is the same as in the case of

other money Bills.

Finance Bill

The Finance Bill seeking to give effect to the Governments taxation proposals which is

introduced in Lok Sabha immediately after the presentation of the General Budget, is taken

up for consideration and passing after the Appropriation Bill is passed. However, certain


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provisions in the Bill relating to levy and collection of fresh duties or variations in the

existing duties come into effect immediately on the expiry of the day on which the Bill is

introduced by virtue of a declaration under the Provisional Collection of Taxes Act.Parliament has to pass the Finance Bill within 75 days of its introduction.

Supplementary/Excess Grants

No expenditure in excess of the sums authorized by Parliament can be incurred without the

sanction of Parliament. Whenever a need arises to incur extra expenditure, a

Supplementary estimate is laid before Parliament. If any money has been spent on any

service during a financial year in excess of the amounts granted for that service and for that

year, the Minister of Finance/ Railways presents a Demand for Excess Grant. The procedure

followed in Parliament in regard to Supplementary/Excess Grants is more or less the same

as is adopted in the case of estimates included in the General Budget.

Budget of a State/Union Territory under Presidents Rule

Budget of a State under Presidents rule is presented toLok Sabha. The procedure followed

in regard to the Budget of the Union Government is followed in the case of State Budget

also with such variations or modifications, as the Speaker may make.

CHAPTER 9 - WORKING OF PARLIAMENT

There is a need for some quite stock-taking on the efficacy, relevance and standing of these

two democratic bodies that are at the apex of our democratic structure.

The biggest achievement of the two Houses of Parliament is that they are far more

representative of the Indian people now than they were 60 years ago. We can now see the

occupational democratization of the Lok Sabha.

Almost half the members of the first Lok Sabha comprised of lawyers (36 per cent),

journalists and writers (10 per cent) and most of them came from dominant Hindu castes.

The political empowerment of hitherto disadvantaged groups has brought about a change

over the last two decades and the composition of the Lok Sabha is far more balanced now interms of occupation, caste and class of members.


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The first Lok Sabha had 112 non-matriculates. This came down to 19 in the 14 Lok Sabha.

Again, the first Lok Sabha had 277 graduates, post graduates and doctorates. In the 14 Lok

Sabha as many as 428 members could boast of such qualifications. The politicalempowerment of the less privileged has also changed the composition of the state

assemblies for the better and this in turn has changed the composition of the Rajya Sabha

because the assemblies elected Rajya Sabha members.

The upper House too has begun to mirror the social, political and economic diversity of

Indian society.

A couple of other developments that are of a positive nature are the introduction of the

committee system and the televising of parliamentary proceedings by Speaker Shivraj Patil

in 1993.

In the 1950s, Parliament had an average of 123 sittings, in the 1960s it rose to 138 sittings.

This had declined drastically to just 78 sittings in the year 2003. In recent years, the total

sittings per year is down by about 30 per cent compared to the situation in the 1960s. The

irony is that while the work of government is expanding, the work of Parliament which has

oversight responsibilities is declining. How do MPs keep a watch on the working of

government?

While sittings per year and time allocated for budgetary matters is down, there is a sharp

rise in the time lost in disruptions and in the cost of Parliament. The 11 Lok Sabha lost 5 per

cent of its time to disruptions. This rose to over 10 per cent in the 12 Lok Sabha and 22.40

per cent in the 13 Lok Sabha.

So, what does the balance sheet look like? As stated earlier, the most positive development

over the last 60 years is the political empowerment of disadvantaged groups, introduction

of the committee system and better policing of members.However, we still need to address the issue of dysfunctionality of Parliament (loss of over 30

per cent of parliamentary time to disruptions), MPs' disdain for law making and the absence

of periodic audit of the working of Parliament by independent citizens.

Our Parliament is over 60, but it will neither tire, nor retire! Instead, it will go on to

perpetuity and hopefully become more efficient and more responsive to the aspirations of

the people.


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OVERVIEW:-

The percentage of MPs without secondary education has decreased from 23% in 1952 to 3% in

2009.

The current Lok Sabha has the highest number of Women MPs

%0

%2

%4

%6

8%

%10

12 %

1st 2nd 3 th 119 12 th 13 th 14 th 15 th10th8th7th6 thth5th4rd th


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In the 1950s, Lok Sabha met for an average of 127 days a year; in 2011, it met for73 days.

The number of Bills passed by Parliament has declined over the last few decades

0

20

40

60

80

100

120

140

160

195

2195

4195

6195

8196

0196

2196

4196

6196

8197

0197

2197

4197

6197

8198

0198

2198

4198

6198

8199

0199

2199

4199

6199

8200

0200

2200

4200

6200

8201

0

Days

0

20

40

60

80

100

120

140

195219541956195819601962196419661968197019721974197619781980198219841986198819901992199419961998200020022004200620082010


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BIBILIOGRAPHYChapter 1 Indian Parliament though Ages

https://factly.in/history-indian- elections/

http://www.archive.india.gov.in/govt/parliament.php

http://rajyasabha.nic.in/

http://www.parliamentofindia.nic.in/ls/intro/p2.htm

https://factly.in/history-indian- election/

Chapter 2 - Parliament Structure

https://en.wikipedia.org/wiki/Parliament_of_India

https://kamalakarduvvuru.wordpress.com/2014/04/10/a-brief- look-at- the-indian- polity/

http://parliamentofindia.nic.in/ls/intro/introls.htm


Chapter 3- Executives

http://pmindia.gov.in/en/news_updates/portfolios-of- the-union- council-of-ministers-2/

http://www.elections.in/government/prime-minister.html

https://en.wikipedia.org/wiki/Union_Council_of_Ministers

http://www.elections.in/government/president-ofindia.html

http://www.importantindia.com/12229/powers-and- position-of- president-ofindia/

http://www.elections.in/government/vice-president.html

Chapter 4- Lok Sabha

http://parliamentofindia.nic.in/ls/intro/introls.htm

https://en.wikipedia.org/wiki/Lok_Sabha

http://loksabha.nic.in/

Chapter 5- Rajya Sabha

http://rajyasabha.nic.in/rsnew/about_parliament/rajya_sabha_introduction.asp

http://www.elections.in/rajya-sabha.html

http://164.100.47.7/FAQ/output/qlist.aspx

http://rajyasabha.nic.in
http://rajyasabha.nic.in/http://rajyasabha.nic.in/http://rajyasabha.nic.in/


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Chapter 6- Bills


http://www.prsindia.org/

http://rajyasabha.nic.in/

Chapter 7- Devices of Parliamentary Procedures

http://byjus.com/free-ias- prep/devices-of- parliamentary-proceedings

http://parliamentofindia.nic.in/ls/rules/rules.html

http://www.elections.in/political-corner/what- is-zero- hour-in- parliament/

http://www.erewise.com/current-affairs/parliament- and-state-

legislatures_art527cdde8ba740.html

Chapter 8- Union Budget

http://www.preservearticles.com/2011100314488/what-is- the-financial-procedure-of-

indian-parliament.html

http://www.parliamentofindia.nic.in/ls/intro/p4.html

http://rajyasabha.nic.in/rsnew/rs_rule/rulesdrpscs.asp

Chapter 9- Rating our Parliament

http://www.prsindia.org/parliamenttrack/vital-stats/60- years-of- parliament-2309/

http://www.news18.com/news/india/indian-parliament- at-60- years-facts- statistics-

474189.html

http://www.ndtv.com/india-news/indias- parliament-60- years-on- 482269

http://www.realityviews.in/2012/05/60-years- of-indian- parliament-how- much.html


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ANNEXURES

Meanings of the words used.

Sovereign-Possessingsupreme orultimate power

Viceroy-Arulerexercisingauthority in acolony onbehalf of asovereign.

Covenant-An agreement

Constitutional-Relating to an established set of principlesgoverning a state

Federation- a group of states with a central government but independence in internal affairs.

Concurrent-existing, happening, or done at the same time.

Dyarchy-government by two independent authorities

Annexe-a building joined to or associated with a main building, providing additional space or

accommodation

Colonnade-a row of evenly spaced columns supporting a roof, an entablature, or arches.

Chhajas- Roofing.

Jali-intricate ornamental openwork in wood, metal, stone, etc.

Diplomatic-involving the work of maintaining good relations between the governments

of different countries

Abstain-to choose not to vote

Attorney General-the principal legal officer who represents the Crown or a state in legal

proceedings and gives legal advice to the government.

Comptroller General- Someone who is responsible for tracking the effectiveness of spending

policies.
http://www.oxforddictionaries.com/definition/english/possess#possess__2http://www.oxforddictionaries.com/definition/english/supreme#supreme__2http://www.oxforddictionaries.com/definition/english/ultimate#ultimate__2http://www.oxforddictionaries.com/definition/english/ruler#ruler__2http://www.oxforddictionaries.com/definition/english/exercise#exercise__13http://www.oxforddictionaries.com/definition/english/authority#authority__6http://www.oxforddictionaries.com/definition/english/colony#colony__2http://www.oxforddictionaries.com/definition/english/behalf#behalf__2http://www.oxforddictionaries.com/definition/english/sovereign#sovereign__2http://www.oxforddictionaries.com/definition/english/govern#govern__2http://www.oxforddictionaries.com/definition/english/govern#govern__2http://www.oxforddictionaries.com/definition/english/sovereign#sovereign__2http://www.oxforddictionaries.com/definition/english/behalf#behalf__2http://www.oxforddictionaries.com/definition/english/colony#colony__2http://www.oxforddictionaries.com/definition/english/authority#authority__6http://www.oxforddictionaries.com/definition/english/exercise#exercise__13http://www.oxforddictionaries.com/definition/english/ruler#ruler__2http://www.oxforddictionaries.com/definition/english/ultimate#ultimate__2http://www.oxforddictionaries.com/definition/english/supreme#supreme__2http://www.oxforddictionaries.com/definition/english/possess#possess__2


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Auditor General-

a federal official responsible for auditing government departmentsand making an annual report

Anglo-Indian- relating to both Britain and India.

Ex-officio- by virtue of one's position or status

Adult Suffrage-It is the right of citizens in a given society who are entitled to vote in an election

to select, at periodic intervals when these elections are called, a government to represent them

Integrity- the quality of being honest and having strong moral principles

Privilege- a special right, advantage, or immunity granted or available only to a particular

person or group.

Vide-see, consult.

Whip- to move (something) to a di fferent position forcefully.

Outlawed- ban or make illegal

Allowances- a sum of money paid regularly to a person to meet needs or expenses.

Closure- a procedure for ending a debate and taking a vote

Obligation- an act or course of action to which a person is morally or legally bound; a duty or

commitment.

Expenditure- the action of spending funds.

\