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| Parliament House, India |
The
Parliament of India, representing as it does all politically organized shades
of public opinion at the national level, occupies a preeminent and pivotal
position in the country's constitutional set-up. It has also, over the years,
carved out for itself a unique place in the esteem and affection of the people
as the forum through which they articulate and realize their grievances and aspirations
and seek solutions to their problems. The Constitution of India provides for a bicameral
Parliament consisting of the President and two Houses known as the Council of
States (Rajya Sabha) and the House of the People (Lok Sabha).
RAJYA SABHA
The Rajya Sabha is to consist of not more than 250
members. Of these 12 are nominated by the President from amongst persons having
special knowledge or practical experience in respect of such matters as
literature, science, art or social service. The remaining seats are allocated
to the various States and Union territories, roughly in proportion to their population;
each State is, however, represented by at least one member. The representatives
of a State are elected by the elected members of the Legislative Assembly of
that State in accordance with the system of proportional representation by
means of the single transferable vote. The minimum age for membership of the
House is 30 years.
The Rajya Sabha was constituted for the first time on 3
April 1952 and had its first Session on 13 May 1952. It is a permanent body and
is not subject to dissolution, but one-third of its members retire every second
year by rotation and are replaced by newly-elected members. The term of an
individual member of Rajya Sabha is six years.The Rajya Sabha at present consists
of 245 members: 233 represent the States and Union territories and 12 are nominated members. The distribution of seats
among the States is as under:
• Andhra Pradesh 18
• Arunachal Pradesh 1
• Assam 7
• Bihar 16
• Chhattisgarh 5
• Goa 1
• Gujarat 11
• Haryana 5
• Himachal Pradesh 3
• Jammu £t Kashmir 4
• Jharkhand 6
• Karnataka 12
• Kerala 9
• Madhya Pradesh 11
• Maharashtra 19
• Manipur 1
• Meghalaya 1
• Mizoram 1
• Nagaland 1
• Orissa 10
• Punjab 7
• Rajasthan 10
• Sikkim 1
• Tamil Nadu 18
• Tripura 1
• Uttarakhand 3
• Uttar Pradesh 31
• West Bengal 16
• Delhi 3
•
Puducherry 1
LOK SABHA
The Lok Sabha is composed of representatives of the people
chosen by direct election on the basis of adult suffrage. The maximum strength of
the House envisaged by the Constitution is 552: upto 530 members to represent
the States, up to 20 members to represent the Union territories and not more
than two members of the Anglo-Indian community to be nominated by the President
of India if the President is of opinion that the community is not adequately represented
in the House. The total elective membership is distributed among the States in such
manner that the ratio between the number of seats allotted to each State and
the population of the State is, so far as practicable, the same for all States.
The qualifying age for membership of the Lok Sabha is 25 years.
The Lok Sabha, unless sooner dissolved, continues for five
years from the date appointed for its first meeting and the expiration of the period
of five years operates as dissolution of the House. However, while a
Proclamation of Emergency is in operation, this period may be extended by Parliament
by law for a period not exceeding one year at a time and not extending in any
case beyond a period of six months after the Proclamation has ceased to
operate. Following the first General Elections held in the country in 1952, the
First Lok Sabha was constituted on 17 April 1952 and met on 13 May 1952.
The Second Lok Sabha came into being in April 1957; the
Third Lok Sabha in April 1962; the Fourth Lok Sabha in March 1967; the Fifth Lok
Sabha in March 1971; the Sixth Lok Sabha in March 1977; the Seventh Lok Sabha
in January 1980; the Eighth Lok Sabha in December 1984; the Ninth Lok Sabha in
December 1989; the Tenth Lok Sabha in June 1991; the Eleventh Lok Sabha in May
1996; the Twelfth Lok Sabha in March 1998; the Thirteenth Lok Sabha in October
1999; and the Fourteenth Lok Sabha in May 2004. The Lok Sabha at present
consists of 545 members, including two nominated members. The distribution of
seats among the States is as under:
• Andhra Pradesh 42
• Arunachal Pradesh 2
• Assam 14
• Bihar 40
• Chhattisgarh 11
• Goa 2
• Gujarat 26
• Haryana 10
• Himachal Pradesh 4
• Jammu fr Kashmir 6
• Jharkhand 14
• Karnataka 28
• Kerala 20
• Madhya Pradesh 29
• Maharashtra 48
• Manipur 2
• Meghalaya 2
• Mizoram 1
• Nagaland 1
• Orissa 21
• Punjab 13
• Rajasthan 25
• Sikkim 1
• Tamil Nadu 39
• Tripura 2
• Uttarakhand 5
• Uttar Pradesh 80
• West Bengal 42
• Andaman & Nicobar Islands 1
• Chandigarh 1
• Dadra & Nagar Haveli 1
• Daman & Diu 1
• Delhi 7
• Lakshadweep 1
• Puducherry 1
SESSIONS
Normally, three
Sessions of Parliament are held in a year: (i) Budget Session (February-May); (
ii) Monsoon Session (July-August); and (iii) Winter Session
(November-December). With a view to ensuring that the Demands for Grants of
various Ministries could be discussed by the Depart men tally- related Standing
Committees which were constituted in 1993, the Budget Session of Lok Sabha in
1994 was split into two periods, i.e. from 21 February 1994 to 19 March 1994
and 18 April 1994 to 13 May 1994. The intervening period of about a month was
utilized by the Committees for consideration of the Demands for Grants. Such breaks
during the Budget Session have become a regular feature now.
Functions
As in other parliamentary democracies, the Parliament
in India has the cardinal functions of legislation, overseeing of
administration, passing of the Budget, ventilation of public grievances,
discussing national policies, etc.
The scheme of distribution of powers between
the Union and the States, followed in the Constitution of India, emphasises in
many ways the general predominance of Parliament in the legislative field.
Apart from the wide range of subjects allotted to it in the Seventh Schedule of
the Constitution, even in normal times Parliament can, under certain
circumstances, assume legislative power over a subject falling within the
sphere exclusively reserved for the States.
Further, in times of grave emergency when the security of
India or any part thereof is threatened by war or external aggression or armed
rebellion, and a Proclamation of Emergency is made by the President, Parliament
acquires the power to make Laws for the whole or any part of the territory of
India with respect to any of the matters enumerated in the State List.
Similarly, in the event of the failure of the constitutional machinery in a
State, the powers of the Legislature of that State become exercisable by or
under the authority of Parliament.
Besides the power to Legislate on a very
wide field, the Constitution vests in the Union Parliament the constituent
power or the power to initiate amendment of the Constitution. Under the
Constitution, the Union Council of Ministers is collectively responsible to the
Lok Sabha. One of the effective methods by which Parliament exercises check
over the Executive is through its control over finance. This financial power in
the hands of Parliament helps in securing Executive accountability. Besides,
the procedures of Parliament afford ample opportunities for the enforcement of Ministerial
responsibility, for assessing and influencing governmental policies as well as
for ventilating public grievances. The procedure of Questions, with
possibilities of supplementaries, and, in case of inconclusive or
unsatisfactory answer, of Half-an-Hour Discussions, Calling Attentions,
Motions, Short Duration Discussions, Matters Under Rule 377, etc. enable information
to be elicited and attention focussed on various aspects of governmental
activities.
The more significant occasions for review of administration
are provided by the discussions on the Motion of Thanks on the Address by the President,
the Budget, including Demands for Grants from various Ministries and
Departments, and the proposals to raise funds to meet the expenditure. These
apart, specific matters may be discussed through motions on matters of urgent
public importance, private members' resolutions and other substantive motions.
In extreme cases, the Government can be censured or a motion of no-confidence
can be moved against them. Along with these, a close and continuous check on
governmental activities is exercised through a comprehensive system of Parliamentary
Committees.
Relative Roles of the two Houses
As between the two Houses, the Lok Sabha has supremacy in
financial matters. It is also the House to which the Council of Ministers,
drawn from both Houses, is collectively responsible. On the other hand, the
Rajya Sabha has a special role in enabling Parliament to legislate on a State
subject if it is necessary in the national interest. It has a similar power in
regard to the creation of an All-India Service common to the Union and the
States. In other respects, the Constitution proceeds on the theory of equality of
status of the two Houses. Disagreement between the two Houses on amendments to
a Bill is resolved by both the Houses meeting in a joint sitting where
questions are decided by majority vote. However, this provision of joint
sitting does not apply to Money Bills and Constitution Amendment Bills.
The Presiding Officers
In the Lok Sabha, both the Presiding Officers-the Speaker
and the Deputy Speaker—are elected from amongst its members. In the Rajya Sabha,
the Vice-President of India is the ex officio Chairman. He is elected by the
members of an electoral college consisting of the members of both the Houses of
Parliament in accordance with the system of proportional representation by
means of a single transferable vote. The Deputy Chairman of the Rajya Sabha is,
however, elected by the members of the Rajya Sabha from amongst themselves.
The Constitution of India makes certain specific provisions
in regard to the office of the Speaker of Lok Sabha, laying particular emphasis
on the importance and the independent character of the office in the context of
a parliamentary polity. His salary and allowances are charged on the
Consolidated Fund of India.
The Speaker of Lok Sabha enjoys vast authority and
powers under the Constitution and the Rules, as well as inherently. As the
conventional head of the Lok Sabha and as its principal spokesman, the Speaker
represents its collective voice. He is the guardian of the rights and
privileges of the House, its Committees and members. It is through the Speaker
that the decisions of the House are communicated to outside individuals and
authorities; he issues warrants to execute the orders of the House, wherever
necessary, and delivers reprimands on behalf of the House. Within the precincts
of the House, his authority is supreme. His conduct cannot be discussed, except
on a substantive motion.
All the Committees of the House function under his
overall directions and their Chairmen are nominated by him. Any procedural
problems in the functioning of the Committees are referred to him for
directions. Committees like the Business Advisory Committee, the General Purposes
Committee and the Rules Committee, however, work directly under his
Chairmanship.
The Speaker enjoys a special position insofar as the relations
between the two Houses of Parliament in certain matters are concerned. He
certifies Money Bills and decides finally what are "m oney" m atters
by reason of the Lok Sabha's over-riding powers in financial matters. It is the
Lok Sabha Speaker who presides over joint sittings called in the event of a
disagreement between the two Houses on a legislative measure.
Leader of the House
The Prime Minister, who is the Leader of the majority party in the Lok
Sabha, functions as the Leader of the House in the Lok Sabha except when he is
not a member of the Lok Sabha. The seniormost Minister, who is a member of the Rajya
Sabha, is appointed by the Prime Minister as the Leader of the House in Rajya
Sabha.
In 1966, 1997 and in 2004 the appointment of a Prime Minister who was a
member of the Rajya Sabha necessitated the appointment of a separate Leader of
the House in the Lok Sabha. In July 1991 and again in 1996, at the time of constitution
of the Tenth and the Eleventh Lok Sabhas, respectively, the Prime Minister who was
not a member of either House of Parliament, nominated another Minister as the
Leader of the House in the Lok Sabha as well as in the Rajya Sabha.
The Leader
of the House is an important parliamentary functionary and exercises direct influence
on the course of business. The whole policy of the Government, especially
insofar as it is expressed in the inner life of the House and in measures
dealing with the course of its business, is concentrated in his person.
The
arrangement of Government business is the ultimate responsibility of the Leader
of the House. He makes proposals for the dates of summoning and prorogation of
the House for the approval of the Speaker. He has to draw up the programme of
official business to be transacted in a Session of Parliament; he also fixes
inter se priorities for various items of business to ensure their smooth
passage. Besides, he deals with procedural matters relating to the business of
the House and advises the House in case any difficulty arises. The Leader of
the House normally occupies the first seat in the Chamber at the right side of
the Chair except in cases when he or she is not the Prime Minister.
Leader of
the Opposition
Prior to the 1977 General Elections to the Lok Sabha, except for
a brief spell of one year (December 1969-December 1970), there had been no
official 'Opposition' in the sense the term is used in the parliamentary system
of Government. In November 1969, for the first time since Independence, the Lok
Sabha had a recognised Opposition party and a Leader of the Opposition.
Similarly, in the Rajya Sabha also, until 1969, there was no Leader of the Opposition
in the real and accepted sense of that expression.
The Leaders of the Opposition
in the Rajya Sabha and the Lok Sabha are now accorded statutory recognition and
given salary and certain other facilities and amenities under the Salary and Allowances
of Leaders of Opposition in Parliament Act, 1977. The Leader of the Opposition
occupies a seat in the front row left to the Chair. He/she also enjoys certain privileges
on ceremonial occasions like escorting the Speaker-elect to the rostrum and a
seat in' the front row at the time of the Address by the President to members
of both the Houses of Parliament.
Whips
In the parliamentary form of
Government, a party has its own internal organisation inside Parliament and is
served by a number of officials known as the Whips, chosen from members of the
party itself. The main function of the Whips is to keep members of their party
within sound of the Division Bell whenever any important business is under
consideration in the House. During sessions, the Whips of different parties send
to their supporters periodic notices, also sometimes called 'Whips', apprising
them when important Divisions are expected, telling them the hour when a vote
will probably take place, and requesting them to be in attendance at that time.
Realizing the vital role played by the Chief Whips and leaders of parties and
groups in Parliament as important party functionaries, an Act namely the
Leaders and Chief Whips of Recognized Parties and Groups in Parliament
(Facilities) Act {Act 5 of 1999) was passed during the Twelfth Lok Sabha. The
Act inter alia provides additional Secretarial assistance and telephone
facilities to the Leaders and Chief Whips.
Government Chief Whip:
The Chief
Whip of the Government Party in the Lok Sabha is the Minister of Parliamentary
Affairs. In the Rajya Sabha, the Minister of State for Parliamentary Affairs
holds this position. The Chief Whip is directly responsible to the Leader of
the House. It is part of his duties to advise the Government on parliamentary business
and to maintain a close liaison with the Ministers in regard to parliamentary
business affecting their Departments. The Chief Whip is assisted by one or two
Ministers of State and at times by Deputy Ministers also.
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