Chapter 22: PARLIAMENT OF INDIA

Parliament

Parliament consists of:


  1. President
  2. Council of state [ Rajya Sabha or upper house]
  3. House of people [Lok Sabha or lower house]


Houses of Parliament

Rajya Sabha: 

It has a strength of maximum 250 out of which maximum 238 are members of states and UT’s elected indirectly and 12 are nominated by the president.

Representatives of states in the Rajya Sabha are elected by only the elected members of state legislative assemblies. Proportional representation is the system of election and seats are allocated on basis of population. For UT’s a special electoral college elects the representatives by indirect election. Proportional system of election is used.

Only Delhi and Puducherry have representation in the Rajya Sabha.

12 members to Rajya Sabha are nominated by president having special knowledge in field of arts, science, social service and literature.

Features of Rajya Sabha:

It is a permanent body and can’t be dissolved. Every two years one third of its members retire and at beginning of every third year their seats are filled by presidential nominations and re-elections.

A person can be re-elected and renominated any number of times.

The constitution has left to parliament to decide the term of office of a Rajya Sabha MP and the order of retirement of MP’s.

Special powers of the Rajya Sabha:

  1. It allows the parliament to make laws on matters in the state list.
  2. It allows parliament to create a new all India service common to centre and states.

 

Lok Sabha:

It can have maximum 550 elected and 2 nominated members. Out of which 530 are from states and 20 from UT’s. These are elected on universal adult franchise.

The voting age was reduced from 21 to 18 yrs by 61st amendment. Constitution has empowered parliament to decide how the representatives of UT can be chosen [election or otherwise].

But the parliament chose direct election. Lok Sabha automatically dissolves after 5 years from the date of its first sitting in normal circumstances.

Features of the Lok Sabha:

The constitution wants to ensure uniformity of representation between different states and within a state between different constituencies. After every census delimitation exercise id done to decide representation to each state and territorial constituencies in each state.

However the allocation of seats for states were frozen till the year 2026 [census: 1971] for encouraging population control measures. Currently 2001 census is used for delimitation but the numbers of seats of states aren’t altered. Only the numbers of SC and ST seats in a state are changed in accordance with the census.

 

Qualifications to become an MP:

1.      citizen of India

2.      not less than 30 yrs in case of Rajya Sabha and 25 yrs in case of Lok Sabha

3.      any other qualification as prescribed by parliament

4.      he must be registered as a voter in any parliamentary constituency

5.      He must be a member of SC/ST in any state or UT if he wishes to contest in reserved seats. However he can also contest from unreserved seats too.

 

Disqualifications:

1.      holds an office of profit under union or state government only [not local]

2.      unsound mind, undischarged insolvent and not a citizen of India

3.      been found guilty of electoral offences and corrupt practices in elections

4.      sentenced for more than 2 yrs imprisonment for a crime

5.      holds an office of profit in a company where govt holding is 25% and above

6.      has interest in government contracts, works

7.      Has been convicted of preaching social crimes like untouchability, dowry and sati.

8.      doesn’t lodge election expense on time

9.      has been convicted of promoting enmity between groups or bribery

10.  Has been dismissed from government service for disloyalty to state or corruption.

President decision on disqualification on these matters is final but he has to obtain advice of election commission on this matters.

 

Tenth Schedule – Anti defection 

The speaker of Lok Sabha or chairman of Rajya Sabha decides on matters of disqualification of MP’s if.

1.      he resigns from membership of party on whose ticket he contested elections

2.      he votes or abstains from voting contrary to directions given by party

3.      independently elected member joins any party

4.      nominated member joins any party after expiry of 6 months of the period on which he joined.

 

Exceptions:

(a) If a member goes out of his party as a result of a merger of the party with another party. A merger takes place when two-thirds of the members of the party have agreed to such merger.

(b) If a member, after being elected as the presiding officer of the House,voluntarily gives up the Membership of his party or rejoins it after he ceases to hold that office. This exemption has been provided in view of the dignity and impartiality of this office.


Rules against double membership

Double membership isn’t allowed so if a person is elected to both houses he must tell which house he wants to serve otherwise his seat in RS becomes vacant.

If a member of one house is elected to second house his seat in first house becomes vacant. If a person is elected to two seats in the house he must resign from one or else his both seats become vacant.

A person if elected to parliament and state legislature then he must decide in 14 days where to serve else his seat in parliament is vacated.

An MP can resign in writing anytime to the chairman of RS or speaker of LS depending on his membership. Matters regarding election of disqualified persons to parliament are handled by the H.C.

A person is liable for a penalty of Rs.500 per day if he sits and votes in house proceeding without taking an oath.





Q. The main advantage of the parliamentary form of government is that (UPSC CSAT 2017)


  1. the executive and legislature work independently.

  2. it provides continuity of policy and is more efficient.

  3. the executive remains responsible to the legislature

  4. the head of the government cannot be changed without election


Ans . C


  1. It provides for collective responsibility of the executive to the legislature.



Q. Out of the following statements, choose the one that brings out the principle underlying the Cabinet form of Government: (UPSC CSAT 2017)


  1. An arrangement for minimizing the criticism against the Government whose responsibilities are complex and hard to carry out to the satisfaction of all.

  2. A mechanism for speeding up the activities of the Government whose responsibilities are increasing day by day.

  3. A mechanism of parliamentary democracy for ensuring collective responsibility of the Government to the people.

  4. A device for strengthening the hands of the head of the Government whose hold over the people is in a state of decline


Ans . C


  1. Collectively responsible to the parliament



Q. The Parliament of India exercises control over the functions of the Council of Ministers through
1. Adjournment motion
2. Question hour
3. Supplementary questions
Select the correct answer using the code given below: (UPSC CSAT 2017)


  1. 1 only

  2. 2 and 3 only

  3. 1 and 3 only

  4. 1, 2 and 3


Ans . D


  1. The Parliament exercises control over the ministers through various devices like question hour, discussions, adjournment motion, no confidence motion



Q.Which of the following statements is/are correct? 1. A Bill pending in the Lok Sabha lapses on its prorogation. 2. A Bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, shall not lapse on dissolution of the Lok Sabha. Select the correct answer using the code given below. (UPSC CSAT 2016)


  1. 1 only


  2. 2 only


  3. Both 1 and 2


  4. Neither 1 nor 2



Ans . B


  1. Prorogation doesn’t affect the bills of any other business pending before the house.A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse


Q.The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the (UPSC CSAT 2016)


  1. Lok Sabha by a simple majority of its total membership


  2. Lok Sabha by a majority of not less than two-thirds of its total membership


  3. Rajya Sabha by a simple majority of its total membership


  4. Rajya Sabha by a majority of not less than two-thirds of its members present and voting



Ans . D


  1. When Rajya Sabha Passes a Resolution If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be supported by two-thirds of the members present and voting



Q.There is a Parliamentary System of Government in India because the (UPSC CSAT 2015)


  • Lok Sabha is elected directly by the people


  • Parliament can amend the constitution


  • Rajya Sabha cannot be dissolved


  • Council of Ministers is responsible to the Lok Sabha



Ans . D


  1. Option A points to a democratic system. It does not necessarily mean a Parliamentary Democratic system. For e.g. in USA the Congress is also elected, but it is a Presidential Democracy.

  2. Option D is correct because “Collective responsibility” of the council of ministers to the Lok Sabha (Article 75) lies at the heart of a Parliamentary democracy.

Quiz

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