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AS A SOURCE OF LAW

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• Every Government generally consists of Three organs. Such organs are Legislature, Executive and Judiciary.

• The Legislative wing of the union government is known as PARLIAMENT.

• Article 79 of the Indian Constitution States that there shall be a PARLIAMENT which consists of Indian President, the house of people (LOKASABHA) and the council of States(RAZYASABHA)

• Indian PARLIAMENT is Bicameral in nature.

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The president• Art 52 -there shall be a president• The President of India is not a member of any

House • He summons the Houses and gives assent to

the Bills passed by the two Houses• The president can promulgate ordinance if

parliament is not in session

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2. Lok Sabha

1. Rajya Sabha

TWO HOUSES OF THE PARLIAMENT

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The Constitution prescribes certain qualifications for the members of LOKASABHA , Such qualifications are :->

He must be a citizen of India.

He must be above 25 years age.

He must passes such other qualifications as prescribed by the PARLIAMENT under the peoples representation act of 1950-51.

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It is otherwise known as “Lower House”

Total strength is 552, which includes 2 anglo indian representatives

Life of the Lok Sabha is 5 years

House shall meet atleast twice a year & the interval b/w 2 consecutive sessions shall be less than 6 months

• The quorum for the Lok Sabha is 1/10th of the total members of the House

• A money Bill can be initiated only in Lok Sabha;

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Qualifications of MP of Rajya Sabha are :-

He must be a citizen of India.

He must have attained the age of 30 years.

He must passes such other qualifications as prescribed by the PARLIAMENT under the peoples representation act of 1950-51. He should not hold any office of profit under any Government.

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The maximum strength of the House is 250, 238 from states & Union Territories & 12 are nominated by the President from distinguished personalities(art,sports,literature,social service)

The term of a member is 6 years

It is not subject to dissolution,every 2 years 1/3rd of the members retires

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TYPES OF QUESTIONS

Questions are of four types:-

Starred, Unstarred, Short Notice Questions and Questions addressed to private Members :

A Starred Question is one to which a member desires an oral answer in the House and which is distinguished by an asterisk mark.

An Unstarred Question is one which is not called for oral answer in the House and on which no supplementary questions can consequently be asked.

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A Short Notice Question is one that is asked by giving a notice of less than ten days. It is answered orally.

The Question to a Private Member is addressed to the Member himself/herself and it is asked when the subject matter of it pertains to any Bill,  Resolution or any matter relating to the Business of the House for which that Member is responsible.

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Officers of the Parliament• Chairman and Deputy Chairman of the Council of States

The Vice-President of India is ex-officio Chairman of the Council of States. The Council of States elects a member of the Council to be a Deputy Chairman

Speaker and Deputy Speaker of the House of the People

The House of the People chooses two members of the House to be respectively Speaker and Deputy Speaker thereof.

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Legislative ProcedureEvery Bills has to be read three times and passed through five stages in each House before it is considered to have been passed by the ParliamentThey are • First Reading• Second Reading• Select Committee Stage• Report Stage• Third Reading

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First Reading→In the first reading, the Bill is introduced in the House and Published in the Gazette of India. → An ordinary Bill can be introduced in either House of the Parliament by any member after giving a notice of one month. → At the outset, a copy of the Bill is presented to the secretariat of the House in which it is initiated. → The Bill is included in the list of business on a sated selected by the speaker → After introduction in the House, the Bill is immediately published in the Gazette of India.

Second Reading

→ In the second reading, the member who moves the Bill, may adopt any of the three alternatives. → Firstly, he may move that the Bill be taken into consideration by the House at once or on some future date specified in the motion. → Secondly, he may move that the Bill be referred to a select committee. → Thirdly, he may move that the Bill be circulated for eliciting public opinion on the desirability or other wise of the Bill.

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Select Committee Stage→ After second reading, the Bill is usually referred to select committee, which includes other members in charge of the Bill and a Law Member who is an ex-officio member. → The chairman of the Committee is appointed by the speaker. During this committee stage, the committee examines the Bill thoroughly. → The select committee can make any change in the Bill as it pleases.

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The Report Stage→ After the Bill has been examined and discussed thoroughly, the select committee prepares its report. It consists of two parts → the first contains the points which the committee considers should be incorporate into the Bill and the second part consists of the Bill as amended by the select committee.

1. The decision are arrived at by the majority of the members present and voting.

2. The chairman of the committee presents the reports to the House

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Third Reading

→ At the time of third reading, discussion is confined to the submission or arguments either in support of the Bill or its rejection.

→ Only verbal amendments are allowed at this stage.

→ It is then authenticated by the secretary of the House and transmitted to the other House, where it undergoes the same process.

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Legislative Bills

The Bills can be broadly categorized as 1. Ordinary Bills2. Money Bills3. Constitution Amendment Bills

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Ordinary Bills:

• OB may originate in either House of the Parliament.• Bill passed by both the Houses- becomes an Act after having been

assented to by the President. • Difference of opinion between the Houses- final decision is taken in

the Joint Session- presided over by the Speaker of the LS.• LS enjoys a predominant position in a Joint Session as the

membership of the LS is more than the RS.

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Money Bills• RS has practically no powers.• MB relating to taxation and expenditure must be initiated in the

LS.• Passed in the LS – referred to the RS for its approval.• RS- must return the Bill with or without recommendations

within 14 days from the date of its receipt. • If not returned within this period the Bill shall e deemed to have

been passed by both the Houses.• If returned within 14 days with recommendations LS has the

liberty to accept or reject the recommendations by RS.• MB- RS is mere Constitutional formality. • Note: RS- Rajya Sabha,LS-Lok Sabha, MB- Money Bill

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Amendment ProvisionsArt 368 provides provisions for amendments1. Amendments by simple majority (eg: formation of new states )2. Amendments by Special Majoritya majority ( that is , more than 50 per cent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The provisions which can be amended by this way include:• Fundamental Rights• Directive Principles of State Policy• All other provisions which are not covered by the first and third

categories.

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3. By special Majority and Ratification by States Amendments requires in addition to the special majority mentioned above, ratification by not less than half of the State Legislatures. These are fundamental matters where States have important power under the Constitution and any unilateral amendment by Parliament may vitally affect the fundamental basis of the system built up by the ConstitutionThe following provisions require such ratification by States.• Election of the President – Articles 54 and 55• Extent of the Executive powers of the Union and States – Articles 73

and 162• Article 368

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State Legislature

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• Has exclusive powers to make laws for the State on the 66 Subjects included in the State List and can also make laws on the 47 Subjects mentioned in the Concurrent List

• During a conflict between the Union Laws and State Laws on any subject of Concurrent List then the Union Laws prevail over those made by the State Legislature.

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THANK YOU