a. Citizen of India.
b. Atleast 25 yrs of age.
c. Mustn’t hold any office of profit.
d. No unsound mind/insolvent.
e. Has registered as voter in any Parliamentary constituency.
a. If he voluntarily gives up the membership of party.
b. If he over – rules the `whip’.
c. Absent for 60 days without intimation.
Rajya Sabha
- Maximum Strength – 250 [Out of these, President nominates 12 amongst persons having special knowledge or practical experience in the fields of literature, science, art and social service].
- Presently, the Parliament, by law, has provided for 233 seats for the States and the Union Territories. The total membership of Rajya Sabha is thus 245.
- All the States and the Union Territories of Delhi and Pondicherry are represented in the Rajya Sabha.
- Representatives of the State are elected by members of state legislative assemblies on the basis of proportional representation through a single transferable vote.
- States are represented on the basis of their population
- There are no seats reserved for Scheduled Castes and Scheduled Castes and Scheduled Tribes in Rajya Sabha.
The qualification to become a member is:
a. Citizen of India.
b. 30 yrs of age.
c. Be a parliamentary elector in the state in which he is seeking election.
d. Others as prescribed by parliament from time-to-time.
- For 6 years, as 1/3rd Members retire every 2 years.
- Vice-President is the ex-officio chairman of Rajya Sabha. He presides over the proceedings of the Rajya Sabha as long as he does not act as the President of India during a vacancy in the office of the President of India.
- Also a deputy Chairman is elected form its members.
- In Rajya Sabha any bill can originate, apart from money bill (including budget).
Special Powers of the Rajya Sabha
a. A resolution seeking the removal of the Vice-President can originate only in the Rajya Sabha.
b. If the Rajya Sabha possess a resolution by a majority of not less than two-third of the members present and voting that it is necessary in the national interest that Parliament should make laws with respect to any matter enumerated in the State List, it shall be lawful for Parliament to make law for a period of not more than one year.
c. If the Rajya Sabha passes a resolution by a majority of not less than two-third of the members present and voting that it is necessary in the national interest to create one or more All-India services, Parliament by law, provided for such service or services.
Quorum, Penalty, Privileges of MPs
- Quorum for Either House (According to Article 100(c)) is 1/10 of the total no. of members.
- If a person sits or votes as a members of either House of the Parliament before he has complied with the requirements of Article 99(Oath), or when he knows that he is not qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt to the Union.
- A Member of Parliament enjoys immunity for arrest, 40 days before the commencement and 40 days after the prorogation of a session of the House. This immunity is only in Civil cases and does not extend to Criminal proceedings, or the contempt of the Court or preventive detention. Also, a member of the Parliament cannot be compelled to give witness in the case pending in the Court of law when the Parliament is in session.
- Also, an MP enjoys Freedom of speech providing immunity from Court action for anything said in the House. However, the freedom is `subject to the rules’ framed by the House, so that the dignity of the House may be maintained. The Constitution, too, imposes a restriction that the conduct of judges of Supreme Court and High Courts in the discharge of their duties shall be not discussed by Parliament except when considering the removal of a judge.
Stages of Passage of Bills
- Bills may be classified under four heads viz., Ordinary, Money, Financial and Constitutional Amendment Bills.
- Money and Financial Bills cannot be introduced in the Rajya Sabha. The other Bills can be introduced in either House.
- Bills are of two types viz., Government and Private Member’s Bills. Money, Financial and an Ordinary Bill can be introduced only on the recommendation of the President. It means they cannot be introduced as Private Member’s Bill.
- The legislative procedure adopted for passing Government and Private Member’s Bills is the same.
- The different stages in the passage of Bills other than the Money Bills are as follows:
- The legislative procedure adopted for passing Government and Private Member’s Bills is the same.
The difference stages in the passage of Bills other than the Money Bills are as follows:
a. Introduction of the Bill:
- It involves introduction of Bill embodying the provisions of the proposed law, accompanied by the `Statement of Objects and Reasons’. If a private members wishes to introduce a Bill, he must give one month notice of his intention to introduce the Bill.
- After the Bill has been introduced in the House it is published in the Gazette of India. The introduction of the Bill and its publication in the Gazette constitutes the First Reading of the Bill.
b. Second Reading of the Bill:
- In the second reading principles of the Bill are discussed in thoroughness and the treasury and the opposition members make speeches in support or against the Bill.
- The second reading is divided into two stages. The first stage consists of a general discussion of the principles of the Bill and the second stage relates to discussion of clauses, schedules and amendments.
- There are four alternate courses of action open at the second state: (i) The Bill may be taken into consideration at once; (ii) The Bill may be referred to a Select Committee of the House; (iii) The Bill may be referred to a Joint Committee of the House; (iv) The Bill may be circulated for the purpose of electing public opinion on it.
- If the Bill is referred to the Select Committee or Joint Committee it is expected to give its report within a specified date.
- The Committee submits its report to the House. The report and the Bill as amended by the Committee are printed and made available for the use of members of the House. This is called the report stage of the Bill. The Bill then undergoes long discussions clause and may undergo substantial change.
c. 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. The Bill is submitted to the vote of the House and has to be accepted or rejected in toto.
After the Bill has been passed by one House, it is transmitted to the other House, where it has to pass through the same process. The other House has four alternatives before it.
These are: (i) It may pass the Bill with no amendments. In this case, will be deemed to have been passed by both the Houses;
(ii) It may pass the Bill with amendments. In this case, the Bill will be returned to the originating House. If the House which originated the Bill accepts the Bill as amended by the other House, it will be deemed to have been passed by both the Houses. However, if the originating House does not agree to the amendments made by the other House and if there is final disagreement as to the amendments between the two Houses, the President summons the Joint Sessions;
(iii) It may reject the Bill altogether. Again the President can summon a Joint Session; (iv) It may take no action on the Bill by keeping it lying on the table. In such a case if six months passes from the date of reception of the Bill, the President summons for the Joint Session.
Joint Session
Can be ordered by President to consider a particular bill in case:
a. A bill passed by one house in rejected by other.
b. The amendments made by the other house are not acceptable to the house where the bill originated.
c. In case, a bill remains pending unpassed for more for more than 6 months.
- Joint session is presided over by the Speaker of Lok Sabha or in his absence or in his absence by the Deputy Speaker, or in his absence by the Deputy Chairman of the Rajya Sabha or in his absence any other member of the Parliament who is agreed upon by the Houses.
- If the Lok Sabha is dissolved before the President notifies a joint sitting, the Bill lapses and no joint sitting is possible. However, if the President has notified his intention to summon the Houses for joint sitting and then the Lok Sabha is dissolved, the joint sitting takes place not withstanding the dissolution of the House.
- The deadlock over a Bill is resolved by a majority of the total number of the members of both the Houses present and voting.
- Since the Lok Sabha has larger membership, its will prevails.
- No fresh amendment can be done in Joint session.
Sessions of Parliament
At the discretion of the President.
Gap Parliament generally meets in three sessions in a year. These are:
a. Budget Session: In Feb-May, longest.
b. Monsoon Session: July-August
c. Winter Session: Nov-Dec, shortest.
Prorogation of House
Means ending the session.
Pending bills/business does not lapse; they are taken in the next session.
The Budget
- The Budget is the annual financial statement of the Government. It is presented to the Lok Sabha upon the recommendation of the President. It is presented by the Finance Minister.
- It is the statement of the estimated receipts and expenditures of the Government of India for the following Financial Year. It also contains the actual receipts and expenditure of the precious year with a review of the financial position during that period.
- After introduction of the Budget, the Lok Sabha discusses the demands for grants (i.e. proposed expenditure) of various ministries and departments and is approved by it, one by one. All the expenditures approved through various demands for grants and expenses charged on the Consolidated Fund of India, are the presented in the form of a single Bill called the ‘Appropriation Bill’. The proposals for taxation to raise revenue are presented in the form of ‘Finance Bill’.
Dissolution of House
- Only of Lok Sabha.
- By President on advice of PM.
- Bills pending in Rajya Sabha, passed by Lok Sabha also lapses unless President call a joint sitting of the 2 houses.
- Bills pending is Rajya Sabha, not passed by Lok Sabha
Conduct of Business in Parliament
- Ordinary Bills: All bills, except money bills, are introduced in either house. [Speaker of Lok Sabha decides whether the bill is a money bill or not].
- Money Bills: It deals with the imposition or abolition of taxes, matters pertaining to borrowing of money by the govt. custody & maintenance of consolidated funds, etc.
- It can originate only in Lok Sabha on the recommendation of the President. The Rajya Sabha can only delay it by 14 days. Its final authority lies with Lok Sabha only.
Parliament’s Control over the Financial System
- Article 265 states that no tax can be levied or collected except by authority of law. The executive, therefore, cannot impose any tax without the sanction of the Parliament.
- All the revenue and loans raised by the authority of law are paid into the Consolidated Fund of India. Under Article 266 no money can be withdrawn or spent or appropriated from the Consolidated Fund of India without the sanction of the Parliament.
- The parliament, thus, controls the revenue expenditure and appropriation of Government of India.