Parliament of India
Parliament of India
Parliament is the supreme legislative body of India, consisting of the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People) — Article 79. Part V, Chapter II (Articles 79-122) deals with Parliament. It exercises legislative, financial, constituent, judicial (impeachment), and oversight functions. Parliament is the embodiment of the sovereignty of the people and the principal organ of democratic governance.
Key Dates
First general elections held; first Lok Sabha constituted on 17 April 1952; first session began on 13 May 1952; G.V. Mavalankar elected as first Speaker
Speaker's Conference established the convention that the Speaker should be non-partisan
First actual Joint Sitting of Parliament — Dowry Prohibition Bill (earlier convened in 1954 but not needed)
Convention established: PAC Chairman to be from the opposition — suggested by PM Nehru earlier, formalized after 1967
Second Joint Sitting — Banking Service Commission (Repeal) Bill. 44th Amendment strengthened parliamentary supremacy, restored provisions altered during Emergency
52nd Amendment — Anti-Defection Law (Tenth Schedule) enacted; Speaker given power to decide disqualification
61st Amendment reduced voting age from 21 to 18 years
Third Joint Sitting — Prevention of Terrorism Bill (POTA). Only three joint sittings in 75+ years
91st Amendment strengthened anti-defection; limited Council of Ministers to 15% of LS strength
104th Amendment deleted Anglo-Indian nomination to Lok Sabha (Art 331) and state assemblies (Art 333)
Nari Shakti Vandan Adhiniyam (106th Amendment) passed — reserves 1/3 seats for women in LS and state assemblies; implementation pending delimitation after Census
Composition of Rajya Sabha (Council of States) — Articles 80-81
Article 80 provides for the composition of Rajya Sabha with a maximum of 250 members: 238 elected by the elected members of state and UT Legislative Assemblies by the system of proportional representation through single transferable vote, and 12 nominated by the President from persons having special knowledge or practical experience in literature, science, art, and social service. Currently, the effective strength is 245 (233 elected + 12 nominated). The Fourth Schedule of the Constitution allocates seats among states and UTs — UP has the highest allocation (31 seats). Rajya Sabha is a permanent body — not subject to dissolution; members serve 6-year terms with 1/3 retiring every 2 years (biennial elections). The Vice-President is the ex-officio Chairman of Rajya Sabha (Art 64). The Deputy Chairman is elected from among the members of Rajya Sabha and presides in the Chairman's absence. The Deputy Chairman can be removed by a resolution passed by a majority of all the then-members of the Rajya Sabha (effective majority) with 14 days' notice. Rajya Sabha represents the federal character of India's polity — it gives voice to the states in the Union legislature. However, unlike the US Senate (where each state has equal representation), Indian state representation in RS is proportional to population.
Composition of Lok Sabha (House of the People) — Articles 81, 331
Article 81 provides for a maximum of 552 members: up to 530 from states (directly elected from territorial constituencies), up to 20 from UTs, and 2 nominated Anglo-Indians (this nomination provision was deleted by the 104th Amendment, 2020, effective from January 2020). Currently the effective strength is 543 (530 from states + 13 from UTs). Members are directly elected by universal adult franchise on the basis of one person-one vote from territorial constituencies. Voting age was reduced from 21 to 18 years by the 61st Amendment (1988). Delimitation of constituencies is done after each Census by the Delimitation Commission (Art 82). However, the total number of seats allotted to each state was frozen based on the 1971 Census by the 42nd Amendment, extended until the first Census after 2026 by the 84th Amendment (2001). Normal term of Lok Sabha is 5 years from the date of its first meeting (Art 83(2)); it can be dissolved earlier by the President on the PM's advice. During a national emergency, its life can be extended by Parliament by one year at a time, but not beyond 6 months after the emergency ceases. The 1st Lok Sabha (1952-57) was the first democratically elected lower house. Currently, India is in the 18th Lok Sabha (constituted in 2024). Seats are reserved for SCs and STs in proportion to their population (Art 330).
Sessions, Summoning, Prorogation, and Adjournment
The President summons each House from time to time; the maximum gap between the last sitting in one session and the first sitting of the next session cannot exceed 6 months (Art 85(1)). Three sessions are typically held each year: Budget Session (February-May, the longest — often split into two parts with a recess), Monsoon Session (July-August), and Winter Session (November-December). The President can summon, prorogue, and dissolve the Lok Sabha (Art 85). Summoning = calling Parliament to meet. Prorogation = ending a session (by the President); all pending business does not lapse (bills continue in the next session). Adjournment = suspending proceedings for a specified time within a session (by the Presiding Officer); pending business remains alive. Adjournment sine die = indefinite adjournment within a session (by the Presiding Officer). Dissolution = ending the life of the Lok Sabha (only Lok Sabha can be dissolved; Rajya Sabha is permanent). Upon dissolution, all pending bills in LS lapse; bills passed by LS but pending in RS also lapse; a bill pending in RS (not yet passed by LS) does not lapse; a joint committee report is presented to the new LS. The quorum for meetings is 1/10 of total membership of each House (Art 100). If quorum is not present, it is the duty of the Presiding Officer to either adjourn the House or suspend the sitting until quorum is achieved.
Speaker and Deputy Speaker of Lok Sabha
The Speaker is elected by Lok Sabha from among its members (Art 93). Powers and functions: presides over Lok Sabha sittings; maintains order and decorum; decides points of order (decision is final); decides whether a bill is a Money Bill — this decision is final and cannot be challenged in any court (Art 110(3)); does not vote in the first instance but has a casting vote in case of a tie (Art 100(1)); chairs Joint Sittings of both Houses (Art 108(4)); decides disqualification under the Anti-Defection Law (Tenth Schedule) — the SC in Kihoto Hollohan v. Zachillhu (1992) upheld the Speaker's quasi-judicial role in anti-defection matters but made the decision subject to judicial review; can allow a "secret sitting" of the House; refers bills to DRSCs and Select Committees; determines the allocation of time for debates. The Speaker continues in office even after dissolution of Lok Sabha — until the new Lok Sabha meets and a new Speaker is elected (Art 94). Can be removed by a resolution passed by an effective majority of Lok Sabha (majority of all then-members) with 14 days' notice (Art 96). By convention, the Speaker severs ties with the party upon election (British tradition). The Deputy Speaker performs the Speaker's duties in absence; elected by LS; by convention, usually from the opposition. The Pro-tem Speaker: the senior-most member is appointed by the President to preside over the first sitting of a new LS until the Speaker is elected — swears in new members.
Legislative Process — Ordinary Bills, Money Bills, Financial Bills
Ordinary Bills can be introduced in either House by a minister or private member. They require simple majority in both Houses. If there is a disagreement between the two Houses, the President can summon a Joint Sitting under Article 108 — presided over by the Speaker, decided by a majority of total members present and voting. Only 3 joint sittings have occurred: Dowry Prohibition Bill (1961), Banking Service Commission (Repeal) Bill (1978), Prevention of Terrorism Bill (2002). Money Bills (Art 110) can only be introduced in Lok Sabha with the President's prior recommendation. Art 110 defines a Money Bill as dealing exclusively with: imposition/regulation of taxes, borrowing by the Government, Consolidated Fund/Contingency Fund, appropriation of money, expenditure charged on CFI, or related incidental matters. Rajya Sabha can only suggest amendments within 14 days; LS may or may not accept. No joint sitting for Money Bills. The Speaker certifies a Money Bill — this certification is final. Financial Bills are of two types: Category I (Art 117(1)) — contain matters listed in Art 110 plus other matters (introduced only in LS with President's recommendation; passed like ordinary bills with joint sitting possible); Category II (Art 117(3)) — contain provisions involving expenditure from CFI but not exclusively Money Bill matters (can be introduced in either House; no Presidential recommendation for introduction but recommendation needed for consideration). Constitutional Amendment Bills (Art 368) can be introduced in either House without President's recommendation. They require special majority (2/3 of members present and voting AND majority of total membership of each House). No joint sitting is possible. Certain amendments (affecting federal structure) also require ratification by at least half the state legislatures.
Types of Majorities in Parliament
Understanding different types of majorities is crucial for competitive exams. Simple Majority: majority of members present and voting — used for passing ordinary bills, no-confidence motions, adjournment motions. Absolute Majority: majority of the total membership of the House (irrespective of vacancies or absentees) — e.g., more than 50% of 545 = 273+ in LS. Not frequently used; relevant in certain procedural contexts. Effective Majority: majority of the effective strength (total membership minus vacancies) — used for removing the VP, Deputy Speaker, Deputy Chairman. Special Majority under Art 368: a majority of the total membership of each House AND a majority of not less than 2/3 of the members present and voting — used for most constitutional amendments. Special Majority under Art 368 + State Ratification: the special majority of Art 368 plus ratification by the legislatures of not less than half of the states by simple resolutions — required for amendments affecting: election of the President, extent of executive power of the Union and states, SC and HC provisions, distribution of legislative powers between Centre and states, representation of states in Parliament, Art 368 itself, and any list in the Seventh Schedule. Simple Majority of Parliament (not of each House separately): used for admission of new states (Art 2), formation of new states (Art 3), creation/abolition of state Legislative Councils (Art 169).
Question Hour, Zero Hour, and Parliamentary Devices
Question Hour is the first hour of each sitting day devoted to questions by members to ministers. Types of questions: Starred Questions — oral answer on the floor with supplementary questions allowed (marked with an asterisk); Unstarred Questions — written answer, tabled, no supplementaries; Short Notice Questions — asked with less than 10 days' notice on urgent matters, with oral answers. Zero Hour is an informal device (not in Rules of Procedure) starting immediately after Question Hour — members raise matters of urgent public importance without prior notice. It was first used in the 1960s and is unique to India. Other parliamentary devices: (a) Adjournment Motion — to draw attention to a definite matter of urgent public importance; if admitted by the Speaker, normal business is set aside; involves censure of the government; can be moved only in LS. (b) No-Confidence Motion — can be moved only in LS; requires 50 members to support introduction; simple majority to pass; no reasons needed. (c) Cut Motions — moved during budget discussion to oppose/reduce demands for grants: Disapproval Policy Cut ("reduced to Re 1"), Economy Cut (specific reduction to a rounded figure), Token Cut (specific reduction of Rs 100 to ventilate a grievance). (d) Calling Attention Motion — a member calls the attention of a minister to an urgent matter; minister makes a statement; unique to India. (e) Half-an-Hour Discussion — to raise a question inadequately answered during Question Hour. (f) Short Duration Discussion — 2-hour discussion on an urgent matter, no voting.
Parliamentary Motions — Adjournment, No-Confidence, Censure
An Adjournment Motion is moved to draw attention to a definite matter of urgent public importance requiring the interruption of normal business. If admitted and passed, it amounts to censure of the government. It can be moved only in Lok Sabha. A No-Confidence Motion under Rule 198 of LS Rules requires the support of at least 50 members. If passed by simple majority, the Council of Ministers must resign. No reasons for the motion need be stated. 27 no-confidence motions have been moved since 1952 (as of 2024). A Censure Motion differs from a no-confidence motion — it must state specific charges, can be moved against individual ministers or the Council as a whole, and the government does not have to resign if passed (though it suffers moral defeat). In practice, censure motions are rarely moved; no-confidence motions are more common. A Confidence Motion is the reverse — the PM seeks a vote of confidence, often when directed by the President. If lost, the PM must resign. Privilege Motion: moved when a member feels their privilege or the privilege of the House has been breached. The Speaker decides whether it constitutes a prima facie case; if yes, it is referred to the Privileges Committee.
Special Powers of Rajya Sabha
While Lok Sabha is generally more powerful (Money Bills, no-confidence motions, Council of Ministers responsible to it), Rajya Sabha has certain exclusive powers: (1) Article 249 — RS can pass a resolution by special majority (2/3 of members present and voting) empowering Parliament to legislate on a State List subject in the national interest; this resolution is valid for one year (renewable). (2) Article 312 — RS can pass a resolution by special majority recommending creation of new All-India Services (like IAS, IPS, IFS); once RS passes this resolution, Parliament can create such services by law. (3) The VP removal resolution must originate in RS (Art 67(b)). These powers give RS a unique role in India's federal structure. RS cannot be dissolved (permanent body), providing legislative continuity. During President's Rule (Art 356), RS alone can approve the proclamation if LS is dissolved. RS can delay ordinary bills for up to 6 months but cannot reject them indefinitely — a joint sitting resolves the deadlock. For Money Bills, RS is weakest — can only suggest amendments within 14 days; LS may ignore them entirely. RS members are not directly elected by the people but represent states, giving RS a federal character distinct from LS's popular character.
Anti-Defection Law (Tenth Schedule) and Recent Developments
The 52nd Amendment (1985) added the Tenth Schedule to the Constitution, commonly known as the Anti-Defection Law. Grounds for disqualification: (1) a member voluntarily gives up membership of the political party on whose ticket they were elected; (2) a member votes or abstains contrary to the party whip (without prior permission from the party within 15 days). Originally, the Tenth Schedule provided an exception for "splits" (when 1/3 of a party's legislators broke away) — this was deleted by the 91st Amendment (2003). Now, the only exception is a "merger" — when 2/3 of a party's legislators merge with another party. The decision on disqualification is made by the Speaker/Chairman of the respective House. In Kihoto Hollohan v. Zachillhu (1992), the SC upheld the Speaker's role but held the decision is subject to judicial review. Criticisms: the Speaker's decision is often delayed for political reasons; the law restricts the freedom of MPs to vote according to conscience; the Speaker may be biased. The SC in several observations has recommended that disqualification decisions be made by an independent tribunal or the Election Commission rather than the Speaker. Recent controversies include the mass defections in Maharashtra (2022 — Shiv Sena split) and Rajasthan (2020 — Congress crisis), highlighting ongoing challenges with the anti-defection framework.
Budget Process and Financial Powers of Parliament
The Annual Financial Statement (Budget) is laid before Parliament under Article 112. It includes estimated receipts and expenditure for the financial year. Expenditure is categorized as: (a) Expenditure Charged on the Consolidated Fund of India — not voted on by Parliament (includes President's salary, SC/HC judges' salaries, CAG's salary, debt charges, etc.); (b) Votable Expenditure — all other expenditure, voted on through Demands for Grants in Lok Sabha. The budget process: Budget Speech by Finance Minister → General Discussion → Examination by DRSCs → Voting on Demands for Grants in LS (only LS votes; RS can only discuss) → Appropriation Bill (authorizes government to withdraw money from CFI; Money Bill) → Finance Bill (implements budget proposals on taxation; must be passed within 75 days of introduction). Cut Motions can be moved during voting on demands. If the budget is not passed before 1 April, Parliament can grant a "Vote on Account" — authorizing expenditure for a part of the year (usually 2 months). Article 114: no money can be withdrawn from CFI except under appropriation by law. Article 265: no tax can be levied except by authority of law. Article 266: Consolidated Fund of India — all revenues received, loans raised, money received in repayment. Article 267: Contingency Fund of India — at the disposal of the President for urgent unforeseen expenditure.
Comparison of Powers: Lok Sabha vs Rajya Sabha
Lok Sabha is more powerful in several respects: Money Bills originate only in LS; RS has 14 days to suggest amendments; LS has final say. No-confidence motion can only be moved in LS. Council of Ministers responsible only to LS (Art 75(3)). LS approves Demands for Grants (RS can only discuss). Joint sitting (Art 108) is presided over by the Speaker, giving LS numerical advantage. Budget is presented in LS first. In matters where both Houses have equal power: ordinary legislation, constitutional amendments (Art 368), election and impeachment of the President, election and removal of the VP (RS initiates removal), approval of emergency proclamations, approval of ordinances. RS has special powers under Art 249 (resolution to legislate on State List matters) and Art 312 (creation of new All-India Services). RS also provides legislative continuity as it is permanent. The Constitution does not make LS supreme over RS in all matters — the relationship is one of complementary powers with LS dominant in financial matters and government accountability. The founding fathers designed this asymmetry to balance popular representation (LS) with federal representation (RS).
Anti-Defection Law — Tenth Schedule (52nd and 91st Amendments)
The Anti-Defection Law was introduced by the 52nd Amendment (1985) as the Tenth Schedule. It was enacted to curb political defections that undermined government stability. Grounds for disqualification: (1) If a member voluntarily gives up membership of the political party on whose ticket he was elected. (2) If a member votes or abstains from voting contrary to the direction of the party, without prior permission and without the party condoning within 15 days. (3) If a nominated member joins any political party after 6 months. Original exemptions: a "split" (1/3 of party members breaking away) was allowed without disqualification. The 91st Amendment (2003) deleted the "split" exemption — only a "merger" (2/3 of members of a party in the House merging with another party) is now permitted. The Speaker/Chairman of the House decides disqualification petitions under the Tenth Schedule. The SC in Kihoto Hollohan v. Zachillhu (1992) upheld the validity of the Tenth Schedule but held that the Speaker's decision is subject to judicial review. The SC in Nabam Rebia v. Deputy Speaker (2016) held that the Speaker cannot decide disqualification petitions while a notice for the Speaker's own removal is pending. Criticism of the anti-defection law: it reduces the MP's role to a rubber stamp; stifles intra-party dissent; the Speaker's role is not neutral; delays in deciding petitions (some pending for years); does not distinguish between dissent and defection.
Speaker of Lok Sabha — Powers, Role, and Conventions
The Speaker of Lok Sabha is the presiding officer elected from among LS members (Art 93). The Speaker's powers include: presiding over sittings; maintaining order; interpreting and applying Rules of Procedure; casting vote in case of a tie (Art 100); certifying Money Bills (Art 110 — certification is final and cannot be questioned); deciding on disqualification under the Tenth Schedule (anti-defection); allocating time for debates; deciding questions of privilege; chairing joint sittings of Parliament (Art 108); no court can inquire into the validity of proceedings on ground of any alleged irregularity of procedure (Art 122). The Speaker is expected to be impartial and non-partisan — by convention, the Speaker's own party membership becomes nominal upon election. The Speaker does not vote in the first instance but exercises a casting vote in case of a tie. Notable Speakers: G.V. Mavalankar (first, 1952-1956), M. Ananthasayanam Ayyangar, Hukam Singh, N. Sanjiva Reddy (later became President), Balram Jakhar, Somnath Chatterjee (first non-Congress Speaker in a Congress-led coalition), Meira Kumar (first woman Speaker), Om Birla (current). The Deputy Speaker (Art 93) presides in the Speaker's absence and has the same powers when presiding. The Speaker's removal requires 14 days' notice and a resolution passed by effective majority of LS.
Types of Majorities in Parliament
The Constitution prescribes different majority requirements for different purposes: (1) Simple Majority — majority of members present and voting (abstentions not counted). Used for: ordinary legislation, removal of VP (RS only), no-confidence motions, most resolutions. (2) Absolute Majority — majority of the total membership of the House (irrespective of vacancies, absences, abstentions). Used for: VP removal resolution in RS. (3) Effective Majority — majority of all the then members of the House (total membership minus vacancies). Used for: removal of Deputy Speaker, removal of VP in RS. (4) Special Majority under Art 249 — not less than 2/3 of members present and voting. Used for: RS resolution to legislate on State List matters. (5) Special Majority under Art 368 — majority of total membership of each House AND not less than 2/3 of members present and voting. Used for: all constitutional amendments. (6) Special Majority + State Ratification — Art 368 special majority + ratification by not less than half the state legislatures. Used for: amendments affecting federal provisions (e.g., election of President, Art 368 itself, Seventh Schedule distribution of powers). Understanding these majorities is critical — UPSC frequently tests which majority applies to which action.
Relevant Exams
Extremely high-yield topic across all exams. Questions cover: composition of both Houses (250/552 maximums, nominated members, 104th Amendment), Money Bill vs Financial Bill vs Ordinary Bill procedures, types of majorities (simple, absolute, effective, special), joint sittings (when applicable and when not — only 3 ever), parliamentary devices (Question Hour, Zero Hour, Cut Motions), Speaker's powers (Money Bill certification, anti-defection), committees (PAC, Estimates, DRSCs), special powers of Rajya Sabha (Art 249, 312), budget process, and the distinction between constitutional provisions and conventions.