Union Legislature (Video) - Vocabulary Flashcards

Parliament—Overview

• Union legislature defined by Constitution; Article 79 says there shall be a parliament for the Union to make laws for the entire country.

• Parliament is bicameral: Rajya Sabha (Council of States) + Lok Sabha (House of the People).

• President is an integral part of Parliament; in a parliamentary democracy there is no strict separation of powers between the executive and the legislature.

• Plan for this chapter: first Rajya Sabha (upper house), then Lok Sabha (lower house); then merge to understand the entire Parliament.

Functions of the Parliament

• Ordinary law-making power: Parliament can legislate on items in the Union List and the Concurrent List (List I and List III). This covers areas like foreign affairs, communications, banking, insurance, citizenship, extradition, criminal laws, civil procedure, marriage and divorce, etc.

• Constituent power: Parliament can amend the Constitution under Article 368, subject to the basic structure (i.e., constitutional amendments must preserve basic features).

• Supplier of the executive: Prime Minister and ministers are drawn from the legislature; there is no strict separation of powers between executive and legislature.

• Quasi-judicial functions: Parliament can initiate impeachment/removal actions against high constitutional functionaries (e.g., President, Vice President, judges, Chief Election Commissioner, UPSC Chairperson, Comptroller and Auditor General) and pass resolutions for removal or impeachment.

• Custodian of the public purse: Consolidated Fund of India funds government revenue and expenditures; Parliament must approve money withdrawals; money bills are central to this control.

• Authentic source of information: Parliament debates provide authentic information; ministers answer questions asked by MPs; debates serve as a check on information provided by the executive.

• Keeping a check on the executive: Through confidence motions, no-confidence motions, adjournment motions, censure motions, questions, debates, and resolutions; Parliament continuously monitors executive actions.

• Note on balance: Parliament can scrutinize and reform but there are concerns about the balance of power in practice; reforms may be discussed later in the course.

Rajya Sabha—The Upper House

• Also known as: House of Elders; federal chamber.

• Composition: Maximum strength 250; currently 245.

  • 238 elected (from states and union territories with legislatures).

  • 12 nominated by the President on the advice of the government, from fields such as art, literature, science, social service.

  • Nominated members illustrate the Constitution’s intention to include talent beyond direct electoral politics; the list is illustrative, not exhaustive.

• UT representation: Some UTs have Legislative Assemblies and thus can have representation in Rajya Sabha; five UTs do not have a legislature and are not represented. Three UTs with legislatures cited in the transcript are Delhi, Puducherry, and Jammu & Kashmir (as per the period discussed); Parliament decides how other UTs with legislatures may be represented.

• Schedule IV: Sets out how many MPs each state contributes to Rajya Sabha (e.g., based on population; e.g., Uttar Pradesh highest, Tamil Nadu, Andhra Pradesh, etc.). This shows population-based representation rather than equal representation.

• Election mechanism (238 elected MPs): Proportional representation by single transferable vote (PR-STV) with open ballot.

  • “Open ballot” means MLAs show their preferences to party representatives before casting ballots.

  • Formula for the minimum votes needed (quota):
    $\text{Quota} = \left\lfloor \frac{V}{n+1} \right\rfloor + 1$
    where V = total valid votes and n = number of vacancies. Example discussed: V = 70 MLAs; vacancies n = 3; one calculates $\text{Quota} = \left\lfloor \frac{70}{3+1} \right\rfloor + 1 = \left\lfloor 17.5 \right\rfloor + 1 = 18 + 1 = 19.$

  • In practice, the lecturer framed it as open-ballot with the “minimum votes” being around 19 in that example; the key idea is that to win, a candidate must meet the quota.

• Representation details and examples:

  • 238 elected MPs come from states and UTs with legislatures; five UTs without legislatures do not have representation; thus the count of elected members reflects the presence of legislatures.

  • From states, MPs are elected by the Legislative Assemblies; from UTs with legislatures, the UTs elect MPs similarly (as per the schedule and constitutional provisions).

  • From states, the distribution follows Schedule 4 (population-based allocation).

  • The question of UTs with legislative assemblies: Parliament has decided that UTs with assemblies will have Rajya Sabha representation; those without assemblies do not, leading to vacancies that remain unfilled for Rajya Sabha seats.

• “One-third retirement” and term structure:

  • Rajya Sabha is a permanent body; it is not subject to dissolution like Lok Sabha.

  • Terms: MP term is six years; every two years approximately one-third of the seats retire to ensure continuity; this staggered appointment keeps the house persistent.

• Special powers of Rajya Sabha:

  • Article 67(B): Removal of the Vice President—VP can be removed by a resolution initiated in Rajya Sabha and then passed by Lok Sabha; Rajya Sabha initiates the process.

  • Article 249: Parliament may legislate on State List if Rajya Sabha passes a resolution by a special majority that it is in national interest to do so.

  • Article 312: Creation of All-India Services (e.g., IAS, IPS, IFS). Parliament can create or modify AI Services only with Rajya Sabha concurrence; those services are central in control but employed in states.

• Important observations:

  • Rajya Sabha is a federal chamber designed to protect state interests and provide checks against the direct dominance of a single party in the center, especially in coalition-era governance.

  • In practice, regional parties in Rajya Sabha can influence legislation; the “bargaining federalism” dynamic is often cited as a reason Rajya Sabha remains relevant.

  • The representation of UTs with legislatures and the role of open-ballot elections remain central to how Rajya Sabha operates.

The Lok Sabha—The Lower House

• Composition (historical and current):

  • Historically up to 552 members; later changes reduced to a current configuration of 543 elected/recognized seats (after Anglo-Indian reservations were altered recently in practice).

  • 530 elected from states; up to 20 from Union territories; historically, 2 were nominated from Anglo-Indian community (this provision has evolved over time).

• Election method: First Past the Post (FPTP).

  • Constituencies are defined territorially; from each, one MP is elected.

• Term: Five years unless dissolved earlier.

• Qualifications to be an MP:

  • Must be a citizen of India.

  • Lok Sabha MP: minimum age 25; name must appear on the electoral roll in any parliamentary constituency (not necessarily the one you represent).

• Rajya Sabha qualifications (for comparison): minimum age 30; name must appear on the electoral roll of the state from which you contest.

• Disqualifications (ground-cited provisions):

  • Change in the nature of citizenship; mental unsoundness; insolvency; holding an Office of Profit; other grounds as prescribed by Parliament via law (Representation of the People Act, 1951).

  • Anti-defection provisions: disqualification can apply if a member deflects or disobeys party whip in matters that are part of the House proceedings (e.g., budget). There are exemptions and complexities, and these rules have evolved via law and a series of court interpretations.

• Office of Profit and its rationale:

  • Purpose: to safeguard the independence of members by ensuring they do not hold positions that create conflicts of interest with parliamentary duties.

  • The Parliament has the power to prescribe additional grounds for disqualification and to define which offices count as Offices of Profit, via law (notably the Representation of the People Act, 1951, and related amendments such as the MP/MLA disqualification acts).

  • The concept of “independent existence” of an office (as clarified by the Supreme Court in Jayalalithaa-era and subsequent cases) means an office should continue to exist irrespective of the officeholder; otherwise it would not count as an Office of Profit.

• Notable cases and examples:

  • Jaya Bachchan v. Election Commission (2006): the Supreme Court clarified that an office must have independent existence; resignation before contesting elections can prevent disqualification due to Office of Profit; the case involved the UP Film Development Corporation chairperson post-

  • Sonia Gandhi, Somnath Chatterjee discussions illustrate debates around office-of-profit exemptions and the role of the president and Election Commission in disqualification proceedings.

• Parliamentary officers and roles:

  • Speaker of Lok Sabha: custodian of proceedings; presiding officer; issues rules for the House; nominates MPs to parliamentary committees; presides over joint sittings; has significant authority over business and debate scheduling (via the Business Advisory Committee).

  • Deputy Speaker (Lok Sabha) and Deputy Chairperson (Rajya Sabha): assist in presiding and maintaining order when the primary presiding officer is unavailable.

Joint Sittings and Money Bills

• Joint sittings: When there is a deadlock between Lok Sabha and Rajya Sabha on a bill (ordinary bills, not constitutional amendments), a joint sitting may be convened with the Speaker presiding to break the deadlock.

  • History: Joint sittings have occurred only a few times (three times as per the lecture), for issues like dowry, banking, and the Prevention of Terrorism Act (POTA) debates.

• Money Bills and Rajya Sabha’s role:

  • A Money Bill can only be introduced in Lok Sabha and, once passed, is sent to Rajya Sabha with a certificate from the Speaker that the bill is a Money Bill.

  • Rajya Sabha cannot reject or amend a Money Bill; it can only make recommendations, which Lok Sabha may accept or reject; if Rajya Sabha does not act within 14 days, the bill is deemed passed.

• The certificate role of the Speaker and the narrow scope of Rajya Sabha’s power over Money Bills is a key feature of the financial constitutional framework.

Key Concepts, Mechanisms, and Reforms

• Representation and federal balance:

  • Rajya Sabha’s design is intended to balance center-led legislation with state interests; the presence of regional party influence is a factor in Gujarat/Delhi/UP and other states.

  • “Bargaining federalism” refers to the practice where regional parties leverage Rajya Sabha votes for concessions (e.g., aims, institutes, special packages) in exchange for support on bills.

• Constitutional amendments vs ordinary legislation:

  • Constitutional amendments involve Article 368 and do not generally require a joint sitting; they require strong cross-house consensus and, in some cases, broad support across states (basic structure considerations).

Important Points to Memorize

• Rajya Sabha is a permanent body; Lok Sabha is dissolvable.

• Rajya Sabha MP terms are six years; one-third retire every two years; this staggered process maintains continuity.

• The maximum Rajya Sabha strength is 250; the current strength is 245 (including 12 nominated members).

• 238 MPs are elected (from states and UTs with legislatures); 12 are nominated by the President on the PM’s advice.

• 5 UTs do not have representation in Rajya Sabha due to lack of legislative assemblies; 3 UTs with legislatures (Delhi, Puducherry, Jammu & Kashmir) have representation per schedule provisions.

• Quota for Rajya Sabha elections (PR-STV, open ballot):
  $\text{Quota} = \left\lfloor \frac{V}{n+1} \right\rfloor + 1$
  where V = total valid votes and n = vacancies; a candidate must reach this quota to be elected; votes are transferred according to preferences.

• The Lok Sabha has 543 members (historically 552; adjusted over time); elected by First Past the Post from territorial constituencies; 25 years minimum age for MPs in Lok Sabha; 30 for Rajya Sabha.

• Grounds for disqualification and the Office of Profit concept are crucial for maintaining legislative independence; Parliament has the power to define additional disqualifications via law (Representation of the People Act, 1951; anti-defection law; 1959 act and amendments; Keohokaloha vs. Zachel is cited in discussions on whip and party discipline).

• The Speaker’s role in the Lok Sabha includes controlling proceedings, naming members for discipline, and presiding over joint sittings; the Speaker’s adjudicatory power and the adversarial nature of debate are central to parliamentary governance.

• Absolute veto as a constitutional concept does not exist; a President can withhold assent or return a bill for reconsideration, but the path to final enactment requires eventual assent or re-passage by Parliament; detailed mechanisms are defined in the Constitution and the Rules of Procedure.

Connections and Real-World Relevance

• The union legislature’s design reflects a balance between popular representation (Lok Sabha) and state-led checks on central power (Rajya Sabha).

• In coalition-era India, Rajya Sabha plays a decisive role in shaping policy due to the influence of regional parties; this fosters bargaining-oriented federalism.

• Understanding the composition, election methods, and disqualification rules helps explain the dynamics of India’s political stability, policy-making, and constitutional checks and balances.

References and Notable Cases (conceptual mention)

• Representation of the People Act, 1951 (and amendments) governs qualifications and disqualifications for MPs and MLAs.

• 1959 (and later) anti-defection-related provisions and office of profit jurisprudence.

• Jaya Bachchan v. Election Commission of India (2006): office of profit—independent existence test; resignation timing matters for contesting elections.

• Keohokaloha v. Zachar (1992, cited) discussions on party whip and disciplinary control in legislative voting.

• Anandpur Sahib/Anandpur Sahib Resolution-type debates referenced in context of center-state relations and All-India Services.

Quick References (summary)

• Article 79: Parliament for the Union; bicameral.

• Rajya Sabha: max 250; current 245; 238 elected (states/UTs with legislatures); 12 nominated; Schedule 4 for distribution; elections via PR-STV with open ballot; quota formula as above.

• Article 368: Constitution amendment; subject to basic structure.

• Article 67(2): Removal of Vice President (Init. in Rajya Sabha, finalized by Lok Sabha).

• Article 249: Parliament may legislate on State List in national interest with Rajya Sabha support.

• Article 312: All-India Services; creation requires Rajya Sabha consent.

• Lok Sabha: 543 members; FPTP; 5-year term; age 25+; citizenship; electoral roll requirement.

• Office of Profit: disqualification rules; four-part Supreme Court test; exemptions by Parliament via law.

• Money Bills: Rajya Sabha’s role is limited; 14-day clock; Speaker’s certificate.

• Joint sittings: used sparingly to resolve deadlocks on ordinary bills; not applicable to constitutional amendments.