Parliamentary System and the Structure of Indian Parliament

Why India Adopted Parliamentary Form of Government

  • India's Constitution makers, inspired by the freedom struggle and representing diverse communities, chose a Parliamentary form of government.
  • This system is based on Joint Ministerial Responsibility.
  • The President invites the leader of the majority party in the Lok Sabha to form the government.
  • Reasons for adopting the Parliamentary system:
    1. Inspiration from British Parliamentary Democracy.
    2. Familiarity with Parliamentary institutions established under the Acts of 1919 and 1935.
    3. The system is based on responsibility, with the Council of Ministers accountable to the Lok Sabha, preventing autocracy or dictatorship.
    4. Parliament controls Ministers through mechanisms like the Question Hour and No-Confidence Motions.

Meaning of Parliament

  • The Union Legislature in India is called Parliament.
  • It has the power to make or change laws and control the Union Executive (Council of Ministers).
  • The Parliament includes the President and two Houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
  • The President is an integral part of the Parliament, addressing either or both Houses and sending messages.
  • A Bill passed by the Parliament becomes a law only after the President's assent.

The Lok Sabha

  • The Lok Sabha is the Lower House of Parliament, also known as the 'House of the People'.
  • Members are directly elected by the people.

Composition

  • The Constitution provides for a maximum strength of 552 members.
  • Up to 530 members are elected from the states, and not more than 20 represent the Union Territories.
  • Originally, there were 500 members in 1950; currently, there are 543 members.
  • The provision for 2 additional members nominated by the President from the Anglo-Indian Community was abolished in 2019 via the 104th amendment.

Reservation of Seats

  • Currently, the Lok Sabha has 84 seats reserved for Scheduled Castes and 47 for Scheduled Tribes.
  • Allocation of general and reserved seats varies by state and Union Territory.

Franchise

  • Elections are based on Universal Suffrage.
  • Every citizen, male and female, aged 18 years and above, is entitled to vote unless disqualified.

Qualifications of Members

  • To be elected to the Lok Sabha, a person must:
    • Be a citizen of India.
    • Be at least 25 years of age.
    • Possess qualifications prescribed by Parliament.
  • A person is disqualified if:
    • They hold an office of profit under the government.
    • They are of unsound mind, as declared by a competent court.
    • They are disqualified under any law made by Parliament.

Duration of the House

  • The term of the Lok Sabha is five years, unless dissolved earlier.

Quorum

  • The quorum for a meeting is one-tenth of the total number of members, including the Speaker.

Leader of the Opposition

  • A party needs a minimum of 10 percent of seats to secure the position of Leader of Opposition.
  • The Leader of the Opposition has the status and facilities of a Union Cabinet Minister.
  • The opposition is sometimes called the 'alternative government'.

Speaker of the Lok Sabha

  • The Speaker represents dignity, honor, and authority.
  • The Lok Sabha elects its Speaker from among its members.
  • The Speaker presides over the sittings of the House.
  • There is also a Deputy Speaker, elected and removed in the same way as the Speaker.
Powers and Functions of the Speaker
  1. Functions concerning the business of the House:
    • Presides over meetings and sessions.
    • Authenticates bills passed by the House before sending them to the Rajya Sabha or the President.
  2. Disciplinary functions:
    • Maintains order and discipline.
    • May adjourn the House in case of grave disorder.
  3. Administrative functions:
    • Receives petitions and documents addressed to the House.
    • Communicates the decisions of the House to concerned authorities.
  4. Control over parliamentary committees:
    • Ex-officio Chairman of some committees.
  5. Other powers and functions:
    • Presides over the joint sitting of both Houses of Parliament.
  • Since no political party secured 10 percent of seats in 2014 and 2019, there has been no officially recognized Leader of Opposition in the Lok Sabha since 2014.

The Rajya Sabha

  • The Rajya Sabha is the Upper House or the second chamber of the Parliament.

Composition

  • The maximum strength can be up to 250 members.
  • There are two categories of members: nominated and elected.
    • 12 members are nominated by the President for contributions to literature, science, arts, and social service.
    • The remaining members represent the States and Union Territories, with seats allocated based on population.
  • Currently, the Rajya Sabha consists of 245 members, with 12 nominated by the President.

Manner of Election

  • Members are elected by the elected members of the Legislative Assembly of each State through a 'single transferable vote'.
  • Representatives of the Union Territories are chosen in a manner prescribed by the Parliament.

Qualifications for Membership

  • To be a member of the Rajya Sabha, a person must:
    • Be a citizen of India.
    • Be at least 30 years of age.
    • Possess additional qualifications prescribed by law.

Duration of the House

  • The Rajya Sabha is a permanent body and is not subject to dissolution.
  • One-third of its members retire at the end of every second year.
  • Members are elected for a term of six years.

The Presiding Officer

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

Powers and Functions of the Rajya Sabha

  1. Legislative Powers: All bills, other than Money Bills, can originate in the Rajya Sabha.
  2. Financial Powers: Money Bills can only originate in the Lok Sabha.
    • After passage in the Lok Sabha, a Money Bill is sent to the Rajya Sabha for recommendations.
    • The Rajya Sabha must return the Bill within 14 days with recommendations; its role is advisory in financial matters.
  3. Amending the Constitution: A Bill to amend the Constitution may originate in either House and must be passed separately by each House.
  4. Special powers of the Rajya Sabha:
    • Represents the States of the Indian Union.
    • Can declare that Parliament should make laws on a matter in the State List in the national interest via a resolution.
    • Can declare that the creation of a new All India Service is in the national interest, enabling Parliament to create such a service by law.

Powers of the Union Parliament

  • The Lok Sabha is designed as the dominating chamber due to direct election by the people, but both Houses together form the Parliament of India.
  1. Legislative powers:
    • The Parliament can make laws on matters in the Union List and the Concurrent List.
    • It can legislate on subjects in the State List during a Proclamation of Emergency.
    • If the Rajya Sabha passes a resolution by a two-thirds majority that a State List subject has assumed national importance, the Union Parliament can legislate on it.
    • All Ordinances issued by the President when the Parliament is not in session must be laid before both Houses for approval.
  2. Financial powers:
    • Money Bills can only be introduced in the Lok Sabha.
    • The Lok Sabha can accept or reject the recommendations made by the Rajya Sabha in money matters.
    • The Parliament also passes the Union Budget.
  3. Control over the Executive:
    • The Council of Ministers is collectively responsible to the Lok Sabha, giving Parliament control over the Union Executive.
  4. Amending the Constitution:
    • A Bill to amend the Constitution may originate in either House and must be passed by a majority of the total membership of that House and by a two-thirds majority of the members present and voting.
    • Amendments affecting 'specified' matters also require approval by at least half of the State legislatures.
  5. Elective functions:
    • Elected members of both Houses, along with elected members of the State Legislative Assemblies, elect the President of India.
    • The Vice-President is elected by members of both Houses of Parliament.

How Does a Bill Become a Law?

  • Legislative proposals are introduced as Bills, either Money Bills or Ordinary Bills.
  • Money Bills deal with taxes or other financial matters.
  • Both types of Bills go through various stages to become an Act.
  • A Bill can be introduced in either House by a Minister or any private member.
  • A bill has to pass through three Readings before it becomes an Act.

First Reading

  • The Minister or member introduces the Bill, stating its main features.
  • For important Bills, the Minister may make a brief speech.

Second Reading

  • The Bill is thoroughly considered by the House and is divided into sub-stages.

    • In the first sub-stage, the Bill may be straightaway taken into consideration or referred to a Standing Committee.
    • In the second stage, the Committee minutely examines the Bill clause-by-clause and then submits its report to the House.
    • In the third stage, the House takes up a thorough consideration of the Bill in the same way as was done in the Standing Committee.
    • When all clauses have been voted on and disposed of, the Second Reading is over.

Third Reading

  • Debate is restricted to arguments for or against the Bill.
  • After being passed in one House, the Bill is sent to the other House where the same procedure is repeated.
  • If passed by the Second House, it is presented to the President for approval.
  • With the President's assent, the Bill becomes an Act or a Law.
Procedure Relating to Ordinary Bills
  • An Ordinary Bill can originate in either House but must be passed by both before submission to the President.
  • In case of disagreement, the President may summon a joint sitting of the two Houses with the Speaker of the Lok Sabha in the Chair.
  • If a majority of the members of the joint session pass the bill, the Bill is deemed to have been passed by both the Houses.
  • As the membership of the Lok Sabha is more than double the membership of the Rajya Sabha, the decision of the Lok Sabha would naturally prevail at a joint sitting.
Procedure Relating to Money Bills
  • The Money Bill can originate only in the Lok Sabha.
  • After passage by the Lok Sabha, it is sent to the Rajya Sabha for recommendations.
  • The Rajya Sabha must return it within 14 days with recommendations.
  • The Lok Sabha may accept or reject all or any of the recommendations of the Rajya Sabha.
  • If the Lok Sabha does not accept the recommendations of the Rajya Sabha, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha.
  • If a Money Bill is not returned to the Lok Sabha by the Rajya Sabha within 14 days, it shall be deemed to have been passed by both the Houses.
  • The President shall not withhold his/her assent from a Money Bill passed by the Parliament.
  • Therefore, the assent of the President is merely a constitutional formality.
  • Thus, it is clear that Lok Sabha is more powerful in financial matters.