Indian Polity - Parliament Part - I

Indian Polity — Parliament (Part-V: Articles 79-122)

Figure 1: Parliament is the legislative organ of the Union Government and is frequently tested in UPSC examinations.

1. Introduction

• Parliament (legislative organ of the Union Government) consists of the President, the Lok Sabha (Lower House), and the Rajya Sabha (Upper House). [UPSC 2012]
• Articles 79 to 122 in Part V of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the Parliament.
• Hindi names Rajya Sabha and Lok Sabha were adopted in 1954.
• The Rajya Sabha represents the states and union territories of the Indian Union, while the Lok Sabha represents the people of India as a whole.

📝 UPSC Previous Year Questions:

• UPSC Prelims 2012: Parliament consists of the President, Lok Sabha, and Rajya Sabha. Answer: True.

2. Important Provisions — President

• President: Not a member of either house but an integral part of the Parliament. Unlike Britain and India, the American president is not an integral part of the legislature.
• Powers:
  • Summons and Prorogues both the Houses
  • Dissolves the Lok Sabha
  • Addresses both the Houses
  • Issues ordinances when they are not in session
• Can dissolve Lok Sabha before completion of 5 years and this cannot be challenged in any court of law.

3. Lok Sabha vs Rajya Sabha

Feature	Rajya Sabha	Lok Sabha
Maximum Strength	250 total: 238 (elected from States & UTs) + 12 (nominated by the President)	550 total: 530 (elected from States) + 20 (elected from UTs)
Present Strength	245 total: 225 (from States) + 8 (from UTs) + 12 (nominated)	543 total: 524 (from States) + 19 (from UTs)
Anglo-Indian Nomination	N/A	2 Anglo-Indians to be nominated by the President (Article 331) has been discontinued by the 104th CAA, 2019; no Anglo-Indian members in the 17th Lok Sabha.
Seat Allocation	Defined in the 4th Schedule; representation only for Delhi, Puducherry, and J&K	N/A
State Representation	Elected by MLAs through proportional representation via single transferable vote	Directly elected from territorial constituencies using universal adult franchise (First-past-the-post system)
UT Representation	Indirectly elected by members of a specially constituted electoral college	Directly elected as per the Union Territories (Direct Election to the House of the People) Act, 1965 [UPSC 2012]
Term	Continuing chamber; one-third of members retire every two years; each member serves a 6-year term	Not a continuing chamber; normal term is 5 years from the date of the first meeting post-elections; automatically dissolves afterward.
Emergency Extension	N/A	Can extend for one year during a National Emergency (Article 352), but cannot exceed six months after the emergency ends.
Nominations	12 members nominated by the President, having special knowledge or experience in literature, science, art, and social service (Article 80(3))	N/A

📝 UPSC Previous Year Questions:

• UPSC Prelims 2012: Lok Sabha members from UTs are directly elected as per the Union Territories (Direct Election to the House of the People) Act, 1965. Answer: True.

4. System of Elections to Lok Sabha

Constituencies

• Each state is divided into territorial constituencies for Lok Sabha elections, ensuring uniformity of representation at two levels:
  • The ratio between number of seats and population is same for all
  • Intra-State: Equal representation among constituencies within the same state.

Reservation

• Scheduled Castes (SC) and Scheduled Tribes (ST) are allocated reserved seats based on population ratios.
• All voters in a constituency elect reserved seats without a separate electorate.
• Members of SC and ST can contest general (non-reserved) seats.

Seat Allocation

• The 42nd Amendment Act of 1976 froze Lok Sabha seat allocation and territorial constituency division until 2000 at 1971 levels.
• The 84th Amendment Act of 2001 extended this freeze for another 25 years (up to 2026) to promote population control measures.

Voting Age

• The 61st Constitutional Amendment Act of 1988 reduced the voting age from 21 to 18 years.

104th CAA, 2019

• Extends reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) in Lok Sabha and legislative bodies until January 25, 2030 (Articles 330 and 332).
• Discontinues the nomination of Anglo-Indians (Article 331) to Lok Sabha (2 members) and legislative bodies (1 member).

5. Presiding Officers of Parliament

• Each House of Parliament has its own presiding officer. The Lok Sabha has a Speaker and a Deputy Speaker, while the Rajya Sabha has a Chairman and a Deputy Chairman.
• Additionally, a panel of chairpersons is appointed for the Lok Sabha, and a panel of vice-chairpersons is appointed for the Rajya Sabha.

Historical Background

• Origins: The institution dates back to the Government of India Act, 1919.
• Pre-1921: Meetings of the Central Legislative Council were presided over by Governor General of India.
• 1921: First Speaker: Frederick Whyte, First Deputy Speaker: Sachidanand Sinha. [UPSC 2024]
• 1925: Vithalbhai J. Patel became the first Indian and elected Speaker of the Central Legislative Assembly.
• 1935 Act: Renamed the President and Deputy President to Speaker and Deputy Speaker respectively.
• Post-Independence: First Speaker of Lok Sabha: G.V. Mavalankar, First Deputy Speaker of Lok Sabha: Ananthasayanam Ayyangar.

Speaker Pro-Tem

• The last Lok Sabha Speaker vacates their office just before the first meeting of the newly elected Lok Sabha.
• The Speaker Pro-Tem is a temporary office that helps transition from the old Lok Sabha to the new one, facilitating the election of the new Speaker.
• The President appoints the Speaker Pro-Tem, who also administers the oath to members; typically, the senior-most member is selected.

Speaker of Lok Sabha vs Chairman of Rajya Sabha

Feature	Speaker of the Lok Sabha	Chairman of the Rajya Sabha
Position	Elected by the Lok Sabha from among its members	Vice-President of India, ex-officio
Election	Elected whenever the office falls vacant; election date fixed by the President	Not elected; serves as long as Vice-President is in office
Tenure	Remains in office during the life of the Lok Sabha; must vacate if: Ceases to be a member. Resigns to the Deputy Speaker. [UPSC 2012/18]	Does not vacate unless removed as Vice-President (Art. 67)
Removal	Can be removed by a resolution passed by a majority of all the then members of Lok Sabha; requires 14 days' notice and support of at least 50 members. [UPSC 2024]	Can only be removed if the Vice-President is removed; may participate in proceedings as a member without voting rights
Voting Rights	Does not vote in the first instance but can exercise a casting vote in case of a tie	Similar to the Speaker; does not vote in the first instance but can cast a vote in case of a tie
Resignation Submission	Resignation submitted to the Deputy Speaker	Resignation submitted to the President
Salary and Allowance	Fixed by Parliament; charged on the Consolidated Fund of India

Indian Speaker vs British Speaker

Indian Speaker	British Speaker
Elected from among the members of the Lok Sabha after a new assembly is formed.	Elected from among the members of the House of Commons, often unopposed in subsequent elections.
Expected to be impartial, but retains membership in their political party.	Required to be completely impartial and resign from their political party upon election.
Continues in office even if the Lok Sabha is dissolved until a new Lok Sabha is formed.	Remains in office regardless of changes in government or general elections, until resignation or retirement.
Can return to active party politics after their tenure as Speaker.	Traditionally steps down from the House of Commons and is often elevated to the House of Lords.

Deputy Speaker of Lok Sabha and Deputy Chairman of Rajya Sabha

Criteria	Deputy Speaker of Lok Sabha (Art. 93)	Deputy Chairman of Rajya Sabha
Election	Elected after the election of the Speaker; date fixed by the Speaker.	Elected by the Rajya Sabha from among its members; vacancy filled similarly.
Affiliation	Since the 11th Lok Sabha: consensus that the Speaker belongs to ruling party or alliance and Deputy Speaker main opposition party.	Elected from among Rajya Sabha members; no specific affiliation.
Vacancy Procedure	Lok Sabha elects another member to fill the Deputy Speaker vacancy.	Rajya Sabha elects another member to fill the Deputy Chairman vacancy.
Presiding Duties	Presides over joint sittings (Art. 108) in the Speaker's absence.	Performs duties of the Chairman when the office is vacant or when the Vice-President acts as President.
Committee Membership	Automatically becomes chairman of a parliamentary committee if a member.	No automatic chairmanship upon membership in a committee.

📝 UPSC Previous Year Questions:

• UPSC Prelims 2024: First Speaker of Central Legislative Assembly was Frederick Whyte (1921). Answer: True.
• UPSC Prelims 2012/18: Speaker resigns to the Deputy Speaker. Answer: True.
• UPSC Prelims 2024: Speaker removal requires 14 days' notice and support of at least 50 members. Answer: True.

6. Secretariat of Parliament (Article 98)

• Separate Staff: Each House has its own secretarial staff, with some common posts.
• Regulated Recruitment: Staff recruitment and service conditions are determined by Parliament.
• Headed by Secretary-General: Each House is led by a Secretary-General, a permanent officer appointed by the President of India.

7. Leaders in Parliament

Leader of the House

• In Lok Sabha: Typically the Prime Minister or a nominated minister.
• In Rajya Sabha: A minister nominated by the Prime Minister; may have a deputy leader.
• Comparable to the majority leader in the USA.

Leader of the Opposition

• Recognized since 1969; statutory acknowledgment in 1977. [UPSC 2018]
• In order to receive the status of opposition party and the consequent Leader of Opposition Tag, a party should secure 10% of the total strength of the House i.e., 55 seats in the Lok Sabha.
• Holds a status equivalent to a cabinet minister, receiving similar salary and benefits.
• Ivor Jennings referred to this position as "Alternative Prime Minister"; similar to the minority leader in the USA.

Whip

• Definition: Not explicitly mentioned in the Constitution; based on parliamentary conventions.
• Roles: Each political party has a Chief whip and whips to ensure attendance and party alignment during votes.
• Members must adhere to the whip's directives, with potential disciplinary actions for non-compliance.
• In Lok Sabha, the Chief Whip is the Minister of Parliamentary Affairs; in Rajya Sabha, it is the Minister of State for Parliamentary Affairs.

Types of Whips

• One-Line Whip: Notifies members of a vote without instructions on how to vote.
• Two-Line Whip: Directs members to attend voting, without specific voting instructions.
• Three-Line Whip: Instructs members to vote according to the party line.

Recognized Parties and Groups

• A recognized party requires 55 members in the Lok Sabha or 25 members in the Rajya Sabha.
• A recognized group requires 30 members in the Lok Sabha or 15 members in the Rajya Sabha.
• Each party's Chief Whip provides voting instructions during parliamentary votes.

📝 UPSC Previous Year Questions:

• UPSC Prelims 2018: Leader of Opposition was recognized since 1969 and statutorily acknowledged in 1977. Answer: True.

8. Important Concepts Related to Parliament

Summoning (Article 85)

• The President summons each House of Parliament periodically or at a suitable location.
• Each House must meet at least twice a year. The gap between two sessions must not exceed 6 months. There is no provision of the minimum number of days that the Parliament is required to meet in a year. [UPSC 2020]

Sessions

• A session is the period between the first sitting and prorogation (or dissolution for Lok Sabha).
• Typically, there are three sessions annually:
  • Budget Session: February to May
  • Monsoon Session: July to September
  • Winter Session: November to December [UPSC 2020]

Recess and Adjournment

• Recess: Duration between prorogation and reassembly.
• Adjournment: The Presiding Officer can terminate a sitting temporarily, which can be for hours, days, or weeks. Pending business is resumed when the House reconvenes.
• A sitting consists of two meetings: morning (11 am to 1 pm) and post-lunch (2 to 6 pm).

Adjournment Sine Die

• Means indefinite termination of a sitting by the Presiding Officer.
• Pending business is resumed when the House reconvenes.

Prorogation

• Prorogation is notified by the President and can also occur while the House is in session.
• It terminates both the sitting and session but does not affect pending business except for notices (other than introducing bills) which lapse. [UPSC 2024]

Dissolution

• Only the Lok Sabha can be dissolved, ending its current life irrevocably.
• Dissolution may occur:
  • Automatically at the end of its tenure.
  • By the President's decision.
• All pending business lapses upon dissolution, except some bills and pending assurances for the Committee on Government Assurances. [UPSC 2024]

Lame Duck Session

• The last session of the outgoing Lok Sabha after a new Lok Sabha has been elected. Members who are not re-elected are termed lame ducks.

Quorum

• Minimum members required: one-tenth of total members (including the Presiding Officer).
• In the absence of a quorum, the Presiding Officer must adjourn or suspend the meeting.

Language in Parliament

• Hindi and English are designated for Parliamentary business. Members may use their mother tongue with the Presiding Officer's permission.
• The Official Languages Act (1963) allows English to continue alongside Hindi post-15 years from the Constitution's commencement.

Rights of Ministers and Attorney General

• Every minister and the Attorney General can speak and participate in both Houses and committees without a vote.

Voting in the House

• Decisions are made by a majority of members present and voting, excluding the Presiding Officer.
• Specific matters, like impeachment and constitutional amendments, require an effective majority or special majority.
• Proceedings are valid despite unauthorised voting or vacancies.

Methods of Voting

• Includes Voice Vote, Secret Ballot, Recording of Votes by Slips, Physical Count, and Casting Vote.

Position of Bills Regarding Lapsing

• Bill Lapses: [UPSC 2016]
  • If pending in Lok Sabha.
  • If pending in Rajya Sabha but passed by Lok Sabha.
• Bill Does Not Lapse:
  • If passed by both Houses but returned by the President.
  • If pending in Rajya Sabha and not passed by Lok Sabha. [UPSC 2016]
  • If a joint sitting is notified before Lok Sabha dissolution.
  • If passed by both Houses but awaiting the President's assent.

📝 UPSC Previous Year Questions:

• UPSC Prelims 2020: There is no provision of the minimum number of days that Parliament is required to meet in a year. Answer: True.
• UPSC Prelims 2024: Prorogation does not affect pending business except for notices which lapse. Answer: True.
• UPSC Prelims 2024: All pending business lapses upon dissolution, except some bills and pending assurances. Answer: True.
• UPSC Prelims 2016: A bill pending in Rajya Sabha but not passed by Lok Sabha does not lapse. Answer: True.

9. Devices of Parliamentary Proceedings

Question Hour

• The first hour of parliamentary sitting was dedicated to members asking questions, with ministers providing answers. Established by the Indian Council Act of 1892.

Types of Questions

• Starred Question: Requires an oral answer; supplementary questions allowed. Colour: Green
• Unstarred Question: Requires a written answer; no supplementary questions allowed. Colour: White
• Short Notice Question: Answered orally on less than 10 days notice. Colour: Light Pink
• Private Members: Colour: Yellow

Zero Hour

• An informal device for members to raise urgent public issues immediately after Question Hour until the day's agenda starts. Introduced in 1962. Not mentioned in Rules of Procedure.

Adjournment Motion

• Draws attention to urgent public matters, interrupting normal House business. Not allowed in Rajya Sabha as it involves censure.
• It allows a discussion on a definite matter of urgent public importance. [UPSC 2012]
• Discussion lasts for at least 2 hours and 30 minutes.

Criteria for Adjournment Motion

• Covers only one recent matter.
• Cannot be general or previously discussed.
• Cannot address court-adjudicated matters.
• Requires support from 50 members.

Motions

• Discussions on public matters require a motion with the Presiding Officer's consent.
• Categories of Motions:
  • Substantive Motion: Independent proposal on significant matters.
  • Substitute Motion: Proposes an alternative to replace the original motion.
  • Subsidiary Motion: Lacks meaning alone and relates to the original motion; includes:
    • Ancillary Motion: Regularly used to proceed with business.
    • Superseding Motion: Seeks to replace another issue during a debate.
    • Amendment: Modifies part of the original motion.

Closure Motion

• A member moves this to cut short the debate. If approved, the matter is put to a vote.
• Types of Closure Motions:
  • Simple Closure: Enough discussion has occurred; put to vote.
  • Closure by Compartments: Groups clauses for debate and voting.
  • Kangaroo Closure: Important clauses debated; others skipped.
  • Guillotine Closure: Undiscussed clauses voted along with discussed ones due to time constraints.

Privilege Motion

• Raised when a member believes a minister has breached the privileges of the House by withholding or distorting facts, aimed at censuring the minister.

Calling Attention Motion

• Moved to alert a minister about urgent public matters; an Indian innovation since 1954.

Confidence Motion

• A procedural tool for addressing fractured mandates and government stability.
• The President may request a demonstration of majority in the House, or governments may voluntarily propose it.
• If a confidence motion fails, it results in the collapse of the government.

No-Confidence Motion

• Article 75: Establishes that the Council of Ministers (CoM) is collectively responsible to the Lok Sabha, a principle central to Parliamentary democracy. [UPSC 2014]
• Not explicitly mentioned in the Constitution; moved under Rule 198 of the Rules of Procedure.
• Can only be introduced in the Lok Sabha and requires support from 50 members without needing to state reasons for its adoption.
• Targets the entire Council of Ministers, not individual ministers. If passed, the CoM must resign.

Censure Motion

• Moved to express disapproval of certain government policies.
• Requires reasons for adoption.
• Can be directed against an individual minister, a group of ministers, or the entire CoM.
• If passed in the Lok Sabha, the CoM does not need to resign.

Motion of Thanks

• Addresses the President during the first session after each general election and every fiscal year, outlining government policies.
• Discussed in both Houses of Parliament and must be passed; failure to pass amounts to a defeat of the government.

No-Day-Yet-Named Motion

• A motion that has been admitted by the Speaker but lacks a scheduled date for discussion.

Dilatory Motion

• A motion seeking the adjournment of debate on a bill/motion/resolution.
• Can be moved anytime after a motion is made, but debate is restricted to the motion's content.
• If deemed an abuse of rules, the Speaker may decline or proceed with a vote.

Point of Order

• Raised when parliamentary proceedings deviate from normal rules, typically by the Opposition.
• Concerns interpretation/enforcement of the Rules of the House or relevant Constitutional articles.
• An extraordinary device that suspends proceedings; debate is not allowed.

Half-an-Hour Discussion

• Intended for discussing matters of public importance.
• The Speaker can allocate three days a week for such discussions.
• No formal motion or voting occurs.

Short Duration Discussion

• Also known as a two-hour discussion; time limit is two hours.
• Speakers can allocate two days a week for such discussions; no formal motion or voting required. Established in 1953.

Special Mention

• Used to raise matters that do not fit other parliamentary categories.
• In the Rajya Sabha, this falls under special mention; in the Lok Sabha, it is termed "Notice (Mention) Under Rule 377".

Resolutions

• Types of Resolutions:
  • Private Member's Resolution: Moved by private members, discussed on alternate Fridays during afternoon sittings.
  • Government Resolution: Moved by a minister.
  • Statutory Resolution: Can be moved by either a private member or a minister; arises from provisions in the Constitution or an Act of Parliament.

Youth Parliament

• Initiated based on recommendations from the Fourth All India Whips Conference to educate younger generations about parliamentary practices and democratic values.
• The Ministry of Parliamentary Affairs supports training and implementation in states.

📝 UPSC Previous Year Questions:

• UPSC Prelims 2012: Adjournment motion allows discussion on a definite matter of urgent public importance. Answer: True.
• UPSC Prelims 2014: Article 75 establishes collective responsibility of the Council of Ministers to the Lok Sabha. Answer: True.

10. Legislative Procedure in Parliament

• The legislative procedure is identical in both Houses of Parliament.
• Every bill must pass through the same stages in each House.
• A bill is a proposal for legislation that becomes an act or law upon enactment.

Types of Bills

Based on Introduction

Feature	Public Bill	Private Bill
Introduced By	Minister	Any member of Parliament other than a minister
Reflects	Policies of the government (ruling party)	Individual member's views
Chance of Approval	Greater chance; rejection indicates lack of parliamentary confidence	Lesser chance; rejection does not affect government
Notice Required	Seven days	One month

Based on Procedure Required for Passage

• Ordinary Bill: Deals with any matter other than a financial subject.
• Money Bill: Deals with money matters.
• Financial Bill: Deals with financial matters other than a money subject.
• Constitutional Amendment Bill: Pertains to amendments of provisions in the Constitution (Article 368). There is no provision for a joint sitting in the case of a Constitutional Amendment.

Ordinary Bill

• Introduction: Can be introduced in either the Lok Sabha or the Rajya Sabha by a minister or a private member, without the President's recommendation.
• Rajya Sabha Actions: Can amend or reject the bill. It can be detained for a maximum of six months. The bill does not require the Speaker's certification when transmitted to the Rajya Sabha (if it originated in the Lok Sabha).
• Deadlock Resolution: In case of disagreement, a joint sitting can be summoned by the President. Defeat in Lok Sabha (if introduced by a minister) may lead to government resignation. The bill can be rejected, approved, or returned by the President.

Stages of Enactment of an Ordinary Bill

1. First Reading: Introduction of the bill and its publication in the India Gazette.
2. Second Reading: Discussion of the bill in the House.
3. Committee Stage: Committee review and amendments.
4. Third Reading: Final passage and passage of the bill.
5. Assent: Assent of the bill by the President.

Money Bills

• Introduction: Can only be introduced in the Lok Sabha with the President's recommendation.
• Definition: Article 110 defines a Money Bill as one dealing with:
  • Imposition, abolition, remission, alteration, or regulation of any tax
  • Regulation of borrowing of money by the government
  • Custody of the Consolidated Fund of India or Contingency Fund of India
  • Appropriation of money from the Consolidated Fund of India
  • Declaration of any expenditure as charged on the Consolidated Fund of India
  • Receipt of money on account of the Consolidated Fund of India or the public account of India
• Rajya Sabha's Role: Can only make recommendations; must return the bill within 14 days.
• Speaker's Certification: The Speaker certifies a bill as a Money Bill; the decision is final.
• President's Assent: Cannot return a Money Bill for reconsideration; must give assent.

Key Takeaways for UPSC

• Parliament: President + Lok Sabha + Rajya Sabha [UPSC 2012]
• Rajya Sabha: Continuing chamber; 6-year term; 1/3 retire every 2 years
• Lok Sabha: 5-year term; can be dissolved; 543 members
• Speaker: Elected by Lok Sabha; can be removed by majority resolution with 14 days' notice [UPSC 2024]
• Chairman: Vice-President of India (ex-officio)
• Leader of Opposition: Recognized since 1969; statutory in 1977; needs 55 seats (10%) [UPSC 2018]
• No-Confidence Motion: Rule 198; only Lok Sabha; needs 50 supporters [UPSC 2014]
• Money Bill: Article 110; only Lok Sabha; Speaker's certification final
• Ordinances: Art. 123; valid 6 weeks after reassembly

High-Yield Interactive UPSC Quiz (Parliament)

Q1. Parliament consists of which of the following?

Correct Answer: B. Parliament consists of the President, the Lok Sabha, and the Rajya Sabha. [UPSC 2012]

Q2. The maximum strength of the Lok Sabha is:

Correct Answer: B. The maximum strength of the Lok Sabha is 550: 530 elected from States and 20 from Union Territories.

Q3. The Rajya Sabha is a:

Correct Answer: B. The Rajya Sabha is a continuing chamber; one-third of its members retire every two years, and each member serves a 6-year term.

Q4. The Speaker of the Lok Sabha submits resignation to:

Correct Answer: C. The Speaker of the Lok Sabha submits resignation to the Deputy Speaker. [UPSC 2012/18]

Q5. The Chairman of the Rajya Sabha is:

Correct Answer: B. The Chairman of the Rajya Sabha is the Vice-President of India, who serves ex-officio.

Q6. The Leader of the Opposition must have a party strength of at least:

Correct Answer: A. The Leader of the Opposition must have a party strength of at least 10% of the total strength of the House i.e., 55 seats in the Lok Sabha. [UPSC 2018]

Q7. A No-Confidence Motion can be introduced in which House?

Correct Answer: C. A No-Confidence Motion can only be introduced in the Lok Sabha and requires support from 50 members.

Q8. The gap between two sessions of Parliament must not exceed:

Correct Answer: D. The gap between two sessions of Parliament must not exceed 6 months (Article 85). [UPSC 2020]

Q9. A Money Bill can only be introduced in:

Correct Answer: B. A Money Bill can only be introduced in the Lok Sabha with the President's recommendation (Article 110).

Q10. The Rajya Sabha can detain an Ordinary Bill for a maximum of:

Correct Answer: B. The Rajya Sabha can detain an Ordinary Bill for a maximum of six months. In case of disagreement, a joint sitting can be summoned by the President.

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