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Indian Polity 21- Union Legislature (Indian Parliament) - Key Vocabulary Flashcards

Union Legislature – Comprehensive Study Notes (Lecture 21)

  • Purpose of today’s session: understand the Union Legislature (Indian Parliament) as the cornerstone for exam questions across Prelims and Mains; knowledge here helps avoid separate state legislature study for many topics like ordinary bills, money bills, financial bills, Speaker/Deputy Speaker roles, passing of bills, joint sittings, etc.
  • Structure overview:
    • Constitution reference: Article 79 – there shall be a Parliament for the Union (the lawmaking body for the entire country).
    • Parliament is bicameral: Rajya Sabha (Council of States) + Lok Sabha (House of the People).
    • President of India is an integral part of the Parliament (and the executive) because of the lack of strict separation of powers in a parliamentary system.
    • Plan: first discuss Rajya Sabha, then Lok Sabha, then merge to understand the entire Parliament.

Functions of the Parliament (Key Roles and Powers)

  • Function 1: Lawmaking power
    • Primary role is to legislate on items in the Union List and the Concurrent List (List I and List III).
    • Federal structure with division of powers among Union List, State List, and Concurrent List.
    • Examples of items: foreign affairs, communication, banking, insurance, citizenship, extradition, criminal laws, civil procedure, marriage and divorce.
  • Function 2: Ordinary lawmaking vs Constituent power
    • Parliament can pass ordinary laws for items in Union List and Concurrent List.
    • Constituent power: Parliament’s power to amend the Constitution under Article 368, subject to the basic structure (basic structure doctrine).
  • Function 3: Supplier of the Executive
    • Ministers and the Prime Minister are drawn from the Legislature; there is no strict separation of powers in a parliamentary system.
  • Function 4: Quasi-judicial functions
    • Parliament can initiate impeachment/removal proceedings against constitutional functionaries (e.g., President, Vice President, judges, CEC, UPSC Chair, CAG).
  • Function 5: Custodian of the Public Purse
    • Consolidated Fund of India holds government money; Parliament must approve withdrawal (through money bills) for spending on welfare schemes, defense, infrastructure, etc.
    • Parliament acts as a check on government spending to ensure funds are used for intended purposes.
  • Function 6: Authentic source of information
    • Parliamentary debates provide authentic information; ministers answer questions from legislators in debates.
  • Function 7: Check on the Executive
    • Council of Ministers is collectively responsible to the Legislature; mechanisms include confidence motion, no-confidence motion, adjournment motions, censure motions, etc.
    • These tools help keep the government answerable to Parliament.
  • Note: The speaker and the opposition play crucial roles in ensuring debate and accountability; later sections elaborate on these mechanisms.

Rajya Sabha (Rajya Sabha – The Upper House)

  • Names and identity:
    • Also called: the House of Elders; the Federal Chamber of Parliament.
  • Composition:
    • Maximum strength: 250
    • Current strength (as per lecture): 245
    • Of these: 238 MPs are elected; 12 are nominated by the President on the Prime Minister’s advice from fields such as art, literature, science, social service.
    • Nominated members’ eligibility is illustrative, not exhaustive; President can nominate from broader fields if warranted.
  • Representation and UTs:
    • Rajya Sabha represents the states (federal chamber) and some Union Territories with legislatures can be represented; five UTs without legislatures currently do not have representation in Rajya Sabha.
    • Schedule 4 details (representation by population):
    • Uttar Pradesh: 31, Tamil Nadu: 19, Andhra Pradesh: 11, Telangana: 7, Jammu & Kashmir: 4, and other state-wise allocations based on population.
    • UTs with legislatures (Delhi, Puducherry, Jammu & Kashmir) can have representation; UTs without legislatures may not.
  • Election method (from states/UTs with legislatures):
    • Proportional representation by single transferable vote (open ballot).
    • Open ballot means MLAs/Legislative Assembly members may need to reveal their ballot to party representatives (concept explained with examples).
    • Example calculation framework:
    • Quota for election from a state/UT is given by: Q=igg\lceil \dfrac{TV}{V+1} \bigg\rceil + 1, where TV is total valid votes and V is vacancies.
    • Example: Delhi – Legislative Assembly strength = 70; vacancies = 3; quota = \lceil 70/ (3+1) \rceil + 1 = \lceil 17.5 \rceil + 1 = 18 + 1 = 19 votes.
    • If a candidate reaches the quota, they are elected; remaining votes are redistributed according to preferences.
  • Practical examples and dynamics:
    • If a party has a large MLAs count (e.g., 62 MLAs from AAP) and opposes others, most Rajya Sabha seats from Delhi will go to their nominees; if opposition strength surpasses quota, seats may go to others.
    • Open ballot requirement means party discipline can influence voting; the party can see the ballot before it is cast and instruct members accordingly.
  • UT representation and ongoing debate:
    • The Makings of UT representation in Rajya Sabha depend on the presence of a legislature and Parliament’s decision on methodology; Parliament has opted to extend the same proportional representation logic to UTs with assemblies; for UTs without assemblies, representation is contingent on future decisions.
  • Special powers of Rajya Sabha (protecting states’ interests):
    • Article 67(2)(b): Removal of the Vice President – initiation in Rajya Sabha only; Lok Sabha cannot initiate this process.
    • Article 249: Parliament can legislate on State List if Rajya Sabha passes a resolution by a special majority declaring national interest; without Rajya Sabha’s approval, Parliament cannot legislate on the State List.
    • Article 312: Creation of All-India Services – Parliament cannot create new All-India Services without Rajya Sabha’s consent (e.g., creation of All India Forest Service required Rajya Sabha approval).
  • Permanent nature and terms:
    • Rajya Sabha was established in 1952 as a permanent house, not subject to dissolution.
    • MP term: not specified in the Constitution; typically six years (represented under the Representation of the People Act 1951). One-third of members retire every two years to maintain continuity.
    • Explanation of staggered terms: to ensure continuity, terms are arranged so that not all seats are up for election at once.
    • Jammu & Kashmir’s representation has evolved with special arrangements, including talk of staggered terms for J&K MPs, which has faced government rejection in some periods.
  • Important practical notes:
    • Joint sittings occur to resolve deadlocks on ordinary bills; the will of Lok Sabha usually prevails due to numerical superiority.
    • Joint sittings have occurred only a handful of times (three times since 1952): on certain bills like Davari/Banking/POTA-related instances.
    • Critics argue Rajya Sabha is a “stepney tire” or irrelevant for money bills; supporters argue it provides essential checks, regional voices, and deeper deliberation.
  • Bargaining Federalism: role of regional parties in Rajya Sabha
    • Since regional parties dominate Rajya Sabha representation, central government often negotiates with these parties (offers to their states in exchange for support on national legislation).
    • This phenomenon strengthens certain federal dynamics and is cited as a feature of Rajya Sabha’s relevance in modern governance.
  • Summary point on relevance:
    • Despite debates on its relevance, Rajya Sabha retains a meaningful role, especially for constitutional amendments, state interests, and as a venue for broader regional representation and deliberation.

Lok Sabha (Lok Sabha – The Lower House, House of the People)

  • Composition and strength:
    • Traditionally, maximum strength was 550+2 (552): 530 elected from states, 20 from Union Territories, and 2 from Anglo-Indian community (nominated by President).
    • Post-104th Constitutional Amendment, reservation for SC/ST in Lok Sabha extended for ten more years; Anglo-Indian nominations were not extended, and the presidential nomination feature was effectively ended, so current maximum strength stands at 543.
    • UT representation in Lok Sabha varies: most UTs have one seat each; Delhi has a higher representation (historical note: 7). Jammu and Kashmir has several seats; Dadra & Nagar Haveli and Daman & Diu have representations; other UTs have single seats.
  • Election method:
    • Direct election by the people through first-past-the-post (FPTP).
    • Term: five years unless dissolved earlier.
  • Qualifications to contest:
    • Citizen of India; age: 25 years for Lok Sabha; 30 years for Rajya Sabha.
    • Name must be on the electoral roll in any parliamentary constituency (not necessarily the one you represent).
  • Disqualifications (key grounds):
    • Change in the nature of citizenship.
    • Mental unsoundness.
    • Being an insolvent (bankruptcy).
    • Holding an office of profit (unless exempted by Parliament under law).
    • Other disqualifications as per Constitution (and extended by law such as the Representation of the People Act, 1951). Parliament can prescribe additional qualifications or grounds of disqualification via law (e.g., Section 8 of the Representation of the People Act, 1951).
  • Office of Profit and its significance:
    • Purpose: ensure the independence of legislators and prevent executives from indebting legislators through offices of profit.
    • However, anti-defection law introduces whip-based discipline, creating tension with the intended independence.
    • Parliament can create exemptions (exemption list) to allow holding certain offices while remaining eligible for election.
    • Key jurisprudence:
    • Jaya Bachchan v. Union of India (2006): office of profit is adjudged and defined through a four-fold test: existence of an office, whether it has independent existence, whether it is an office of profit, and whether it is under the government (and whether exemptions apply).
    • The case also clarifies resignation before contesting elections for positions that may fall under the office of profit; a valid resignation prior to nomination can avoid disqualification.
  • Anti-defection law (defection and whip):
    • Anti-defection law (the Tenth Schedule) limits party members’ freedom to vote against party lines; whip is binding in most matters under the party’s discipline, but there are debates about its extent and reforms needed.
    • The apparent contradiction between ensuring independence (office of profit) and party discipline (anti-defection law) is highlighted in discussions about the relevance of office of profit today.
  • Speaker of Lok Sabha (Presiding Officer) – Role and Powers
    • Role: custodian of Lok Sabha proceedings; presiding officer who maintains order and decorum, ensures proper conduct in the house, and decides on disciplinary measures.
    • The Speaker certifies Money Bills (the Rajya Sabha has an inferior role in Money Bills; only the Lok Sabha’s decision matters after certification).
    • The Speaker appoints members to parliamentary committees and presides over joint committees during investigations (e.g., under the Judges Inquiry Act).
    • The Speaker is the presiding officer of the Business Advisory Committee (BAC), which allocates speaking time and determines how much time each party gets to debate.
    • The Speaker also presides over joint sittings of Parliament when there is a deadlock on certain ordinary bills; in a joint sitting, the will of Lok Sabha prevails due to numerical superiority.
    • The Speaker can name members who cross the floor or violate rules; the Speaker has the power to disqualify a legislator under anti-defection provisions.
    • Election and removal:
    • The Speaker is elected by a simple majority of Lok Sabha members and can be removed by an effective majority (majority of all the then- members of the house).
    • Notable historical note: Speakers can be accused of biased behavior; Somnath Chatterjee (2004–2009) is cited as an example where a Speaker faced political pressures but argued that the Speaker belongs to the House, not a party.
  • Assembly discipline: voice votes vs. divisions
    • The Speaker may use voice votes for quick decisions, but has the power to demand a division (breakdown of votes) if needed to know who supported or opposed a measure.
    • A division provides a formal record of who voted for/against and who abstained.
  • Joint sittings and their dynamics
    • Joint sittings are convened to resolve deadlocks between the two Houses; the Lok Sabha’s numbers usually prevail.
    • This mechanism reflects the need for compromise and deliberation, but is used sparingly (three times since 1952).
  • Reforms and contemporary relevance
    • The speaker’s role has been debated in terms of partisanship vs. neutrality; examples of perceived bias show how political dynamics can influence procedural outcomes.

Why a Second Chamber? – Rationale for Rajya Sabha

  • Rationale and historical reasoning:
    • The constituent assembly designed a second chamber to prevent hasty legislation and to provide a space for second deliberation.
    • It acts as a check, balance, and a forum for wider regional and federal interests, especially in coalition-era politics with strong regional parties.
  • Role in coalition/federal dynamics (Bargaining Federalism):
    • Regional parties wield significant influence in Rajya Sabha; central government often negotiates with these parties to secure support for legislation, including offering targeted state-level packages.
  • Arguments for and against:
    • For: It ensures federal balance, provides regional perspectives, and offers a revising chamber for better legislation.
    • Against: In money bills, Rajya Sabha’s role is inferior; some argue it delays or obstructs by blocking or delaying bills; the question of its ongoing relevance is debated.
  • Data point – joint sittings in practice:
    • Only three joint sittings in Indian history (Jan 2001, 2002, 2002–2003 era bills like Davari, Banking, POTA); this demonstrates that while it exists, it is rarely used, underscoring Rajya Sabha’s continued significance.
  • Modern challenges and reforms:
    • In the context of coalition politics, Rajya Sabha’s future relevance depends on how it balances state interests with national priorities and how it engages with regional parties.

Office of Profit – Detailed Concept

  • What is “office of profit”?
    • A person is disqualified for being chosen as and for being a member if they hold an office of profit under the Government (central or state), subject to exemptions listed by Parliament.
  • Key principles:
    • An office must have an independent existence (i.e., not dissolve with the occupier; otherwise not an office of profit in the constitutional sense).
    • The profit can be pecuniary (salary) or other benefits like influence or other forms of pecuniary gain.
    • An office held under private entities or non-government bodies may not constitute an office of profit under the government unless specifically designated.
    • Parliament can create exemptions (an “exemption list”) for offices deemed not to impair independence (e.g., certain commissions, ministerial roles, or other specified posts).
  • Important jurisprudence:
    • Jaya Bachchan vs. Union of India (2006): Supreme Court laid out a four-part test to determine whether an office is an “office of profit” and whether it’s under the government for the purposes of disqualification. It also clarified that resignation before filing nomination can avoid disqualification.
  • Notable examples and discussion:
    • Sonia Gandhi and others were discussed in the context of office of profit; the debate highlighted complexities when figures hold chairs in national advisory bodies or commissions while also being MPs.
    • Deputy Chairperson of the Planning Commission (an example of an office later exempted by law) to illustrate how exemptions can prevent disqualification.
    • Kept in mind: the existence of an “exemption list” means that the mere existence of an office doesn’t automatically trigger disqualification.
  • Interaction with anti-defection law:
    • Office of Profit focuses on financial/positional independence from the executive,
    • Anti-defection law binds legislators to party whips; this creates tension between independence and party discipline.
  • Practical implications for elections and governance:
    • Before filing nomination for elections, MPs may need to resign from qualifying offices to avoid disqualification.
    • If, after filing nomination, a member accepts an office of profit (that is not exempted), disqualification can occur; if they resign before filing, they can contest.
  • Notable illustrations from the discourse:
    • The parliamentary process includes scenarios where ministers or leaders occupy offices that were meant to be exempt, necessitating a list update through the MP Prevention from Disqualification Act (1959) and its amendments (last significant reform around 2006).
    • The “exemption list” includes roles such as Leader of the Opposition, Deputy Chairman of the Planning Commission (historical example), and various National Commissions.

Important Legal Precedents and Notable Cases Mentioned

  • Jaya Bachchan v. Union of India (2006): Office of Profit – four-part test and resignation-before-contest principle.
  • Kyoto Holbha v. Zajilhud (1992): Supreme Court on the binding nature of party whip in parliamentary voting; supports that the whip binds on party members for ideological or policy matters, while some contexts (e.g., Rajya Sabha elections) may not be binding.
  • Sonia Gandhi and Sonia’s case (referenced in the context of office of profit and other posts) – illustrates the complexities when high-profile politicians hold multiple roles; outcomes depend on exemption lists and court interpretations.
  • Pranab Mukherjee vs PS Sangma (2006): A discussion about office of profit and resignation before nomination for the presidency; the Supreme Court accepted resignation before contesting the election.

Quick Reference: Key Terms and Concepts

  • Union Legislature: Parliament (Article 79) – bicameral: Rajya Sabha (upper) + Lok Sabha (lower);
  • Rajya Sabha: Upper House – composition, elections, permanence, special powers, and representation dynamics;
  • Lok Sabha: Lower House – directly elected; five-year term; stronger powers in many contexts; money bills certification by Speaker;
  • Money Bill: A special category of bill with limited Rajya Sabha powers; certification by Speaker; 14-day window for Rajya Sabha to respond; otherwise bill proceeds;
  • Open ballot: Voting in Rajya Sabha elections where voters may reveal preferences to their party representatives;
  • Proportional Representation with Single Transferable Vote (PR-STV): Used in Rajya Sabha elections to translate party strength into seats;
  • Droop quota / Quota formula: In practice, the quota formula discussed is: Q = \left\lceil \dfrac{TV}{V+1} \right\rceil + 1; (Note: lecturer’s example used 70 votes, 3 vacancies leading to 19 as the quota);
  • Schedule 4: Representation of states in Rajya Sabha; population-based seat allocation (e.g., UP, TN, AP, Telangana, J&K);
  • All-India Services: Central government services working under state governments but recruited and trained by the Centre; creation requires Rajya Sabha concurrence (Article 312);
  • Office of Profit: A disqualification rule to ensure independence of legislators; exemptions via law; fourfold test per Jaya Bachchan case; pre-nomination resignation rule;
  • Anti-defection law: Whip binding; changes in party loyalty; tension with independence; debates about reform and relevance in the contemporary context;
  • BAC (Business Advisory Committee): Role in time allocation for debates and business of the Lok Sabha;
  • Special majority: A two-thirds majority of those present and voting is a typical standard for certain Rajya Sabha decisions (e.g., Article 249 resolutions).

Connections to Foundational Principles and Real-World Relevance

  • Federal structure and representation:
    • Rajya Sabha embodies a federal chamber that protects state interests in a diverse, multi-party landscape; it complements the directly elected Lok Sabha.
  • Checks and balances:
    • The combination of Bastion-like deliberation (Rajya Sabha) and popular legitimacy (Lok Sabha) helps balance swift popular mandates with broader, longer-term deliberation.
  • Modern governance dynamics:
    • Bargaining federalism underlines how coalition politics influences lawmaking in India; regional parties leverage Rajya Sabha positions to secure favorable outcomes for their states.
  • Practical implications for governance and reform:
    • The Office of Profit and Anti-Defection tension raises important questions about the independence of legislators in a party-centered system; ongoing calls for reform reflect evolving expectations of accountability and governance.
  • Ethical and philosophical implications:
    • Balancing representation, independence, and discipline raises deeper questions about the nature of democratic representation, accountability, and the legitimacy of legislative power in a federal system.

Summary – Core Takeaways

  • Parliament = Union Legislature; bicameral: Rajya Sabha (federal chamber) + Lok Sabha (popular house) with President as an integral executive figure.

  • Rajya Sabha: upper house, 250 max strength (245 current in lecture), 238 elected (from states/UTs with assemblies), 12 nominated by President; representation is population-based (Schedule 4) and not equal like the US Senate; elections via PR-STV with open ballot; permanent body with one-third retirement every two years; has special powers to protect states’ interests (Art. 67(2)(b), Art. 249, Art. 312).

  • Lok Sabha: lower house, 543 seats currently; direct elections via FPTP; qualifications: Indian citizen, age 25+, on any parliamentary constituency; disqualifications include changes in citizenship, mental unsoundness, insolvency, and office of profit (subject to exemptions); Speaker certifies Money Bills; BAC manages business and time; joint sittings resolve deadlocks with Lok Sabha’s will prevailing.

  • Office of Profit: designed to safeguard independence; exemptions list allows certain offices to be held without disqualification; Jaya Bachchan v. Union of India (2006) clarifies tests; pre-nomination resignation rules apply.

  • Anti-defection law vs office of profit: tension between party discipline and legislative independence; reforms are discussed to resolve this tension.

  • The two-chamber structure remains relevant due to revising deliberations, regional representation, and check on executive power, even as it faces debates about efficiency and representativeness.

  • Exam-ready points: remember the composition, election methods, quotas (as per lecturer’s example), major powers of the Speaker, and the key differences between Rajya Sabha and Lok Sabha in terms of powers over money bills, joint sittings, and representation.

  • Note: All numerical references, percentages, and formulas are included in LaTeX format as … where applicable. Examples and real-world anecdotes in the transcript illustrate how theory plays out in political practice.