The Union Parliament

The Union Parliament

Structure

The Union Parliament consists of three distinct parts:

  1. President: The ceremonial head of state who plays a key role in the legislative process, including summoning Parliament sessions and giving assent to bills.

  2. House of People (Lok Sabha): The lower house, representing the population, directly elected by the citizens of India.

  3. Council of States (Rajya Sabha): The upper house, representing the states and Union Territories, with members elected by state legislatures and nominated by the President.

Role and Functions

The Union Parliament represents the people and holds supreme authority in the governance of India as a democratic nation. It plays a crucial role in law-making, overseeing the government, and representing the interests of the public.

Federal Government

India operates under a federal form of government where powers are divided between central (Union) and state governments. Each government operates independently within its respective sphere:

  • Central Government: Responsible for national defense, foreign affairs, and interstate matters.

  • State Government: Handles local matters such as police and public health.

Both entities derive their authority from the Constitution of India, ensuring that they operate within a framework that promotes cooperation and governance.

Importance of Federal Form of Government

  • National Unity: Prevents states from seceding from the Union, promoting a unified nation.

  • Cultural Accommodation: Provides a platform for diverse cultures and languages to flourish within a unified legal framework.

  • Administrative Efficiency: Divides administrative and legislative powers, ensuring efficiency in governance.

  • Representation: States are represented in Parliament through Rajya Sabha, ensuring their voices are heard at the national level.

Financial Resources

The Constitution mandates adequate financial resources for the government to fulfill its duties towards its citizens:

  • Rajya Sabha Representation: Varies based on state populations; more populous states have greater representation.

  • Union Territories: Are directly administered by the central government, enhancing the Union's influence.

Lok Sabha (House of People)

Composition and Elections

  • Membership: Comprised of a maximum of 552 members:

    • Up to 530 elected from states based on population.

    • 20 elected from Union Territories.

    • The President can appoint two members from the Anglo-Indian community (historical context).

Term Length and Dissolution

  • Term: Members serve for a term of five years but can be dissolved earlier by the President on the advice of the Prime Minister. In emergencies, the term may be extended by one year.

Member Qualifications

Members must:

  1. Be a citizen of India.

  2. Be at least 25 years old.

  3. Have a valid name on electoral rolls.

  4. Not hold any office of profit under the government.

  5. Be financially secure and not under debt.

  6. Not be declared a criminal and possess sound mental health.

Disqualifications

Members may be disqualified due to:

  • Holding an office of profit under central/state government.

  • Being declared of unsound mind by a court.

  • Insolvency or debts.

  • Not being an Indian citizen or willingly acquiring foreign citizenship.

  • Disqualification through laws made by Parliament.

Vacation of Seats

A member's seat may be vacated due to:

  • Resignation.

  • Absence for 60 days without permission.

  • Election to a state legislature, requiring the member to relinquish their Parliamentary seat.

Parliamentary Procedures

Sessions and Quorum

  • Sessions: Parliament must meet at least twice a year, summoned by the President. Main sessions are:

    • Budget Session: Discusses the budget and financial matters.

    • Monsoon Session: Addresses legislative matters on ongoing national issues.

    • Winter Session: Usually focuses on passing pending bills.

  • Quorum: A minimum number of members must be present for the House to conduct its business; otherwise, it may adjourn.

Question Hour

Designated time for members to question the government:

  • Starred Questions: Require oral answers from ministers.

  • Unstarred Questions: Require written answers.

  • Short Notice Questions: Must be submitted with less than ten days’ notice, subject to minister's discretion.

Types of Motions

Motions are essential for discussing urgent public matters:

  • Adjournment Motion: For discussions on pressing issues.

  • No-Confidence Motion: A critical tool to express lack of confidence in the Ministry which, if passed, forces the government to resign.

Speaker of the Lok Sabha

  • The presiding officer, elected from among the members with a term of five years. Functions include:

    • Conducting business of the House, signing bills, putting issues to a vote.

    • Maintaining order and discipline, with the power to suspend members or adjourn the House when necessary.

Rajya Sabha (Council of States)

Structure and Tenure

  • Permanent House: Cannot be dissolved but has staggered elections where one-third of members retire every six years.

  • Composition: 250 members, including:

    • 12 nominated by the President for their contributions in various fields.

    • 238 elected by State Legislative Assemblies.

Member Qualifications

Members must:

  1. Be a citizen of India.

  2. Be at least 30 years old.

  3. Not hold debts or an office of profit.

Powers and Functions of Both Houses

Legislative Powers

  • Parliament can legislate on the Union List and Concurrent List.

  • Under special circumstances, Parliament can also legislate on the State List during emergencies or with state resolutions.

  • The President can promulgate Ordinances when Parliament is not in session, acting as temporary laws.

Financial Powers

  • All bills, except Money Bills, can be introduced in either house; Money Bills must originate in Lok Sabha.

  • Parliament can request supplementary grants and is required to pass the annual budget.

Control Over the Executive

Parliament exercises control over the executive through:

  • Questioning ministers during the Question Hour.

  • Motions of No-Confidence and adjournment that draw attention to government actions.

  • Cut motions that highlight accountability on public expenditure.

Judicial Powers

  • Parliament has the authority to impeach the President and remove judges from higher courts for misconduct, under outlined procedures.

Electoral Functions

  • Responsible for electing the President and Vice President of India.

  • Elects the Speaker of Lok Sabha and Deputy Chairman of Rajya Sabha from among its members.

Constitutional Amendments

  • Amendments to the Constitution must be passed by a two-thirds majority in both Lok Sabha and Rajya Sabha.

Other Powers

  • Ability to alter state boundaries, create new states, and legislate on laws affecting Supreme Court jurisdiction.

Special Powers of Rajya Sabha

  • Lok Sabha cannot create laws on the State List unless approved by Rajya Sabha.

Special Powers of Lok Sabha

  • The initiation of No-Confidence motions is exclusive to Lok Sabha, emphasizing its role in nurturing a functional democracy.