About Indian Parliment

  • CONDITIONS WHEN A MEMBER OF PARLIAMENT VACATES SEAT (ART 101)

    • • If he has obtained membership of both Houses of the parliament , he needs to vacate one.

    • • If elected to both Parliament and state legislature , he needs to resign from state legislature .

    • • If he is disqualified under the provisions of Art 102 (anti - defection.

    • • If he resigns .

    • • If he remains absent from all meetings of the House for a period of 60 days without the permission of the House .

  • FEW CONTROLS USED BY PARLIAMENT OVER GOVERNMENT

    Questions (Interpellations ) Hour

    • •The First hour of every sitting in both House (11 am- 12 am ) is devoted to asking and answering of questions.

    • • A question is a request made by a member for an oral explanation from the concerned minister. A minister can also refuse to answer a question, but this privilege is to be used infrequently and with care.

    • • A notive of 10 days has to be given to the concerned minister before a question can be asked. But if a matter is urgent . then a shorter notice is enough. Such a questions is called Short Notice Questions.

    • • The questions are classified into 2 categories .

    • • Questions marked with a star are answered orally .

    • • Un – starred ones get a written answer .

    • • No supplementary can be asked thereon Un – starred Questions.

    Resolutions

    • • The resolution must raise some define issue and should not deal with the conduct of anyone except in his official capacity. A member can also move a resolution on a matter of public interest .

    • • These are of 2 kinds .

    • • Which recommend a particular course of action to government

    • • Which seek to censure an individual minister or whole ministry

    • • 15 days notice is required for moving a resolution.

    Motions

    • • When a member of the parliament feels that a particular matter or report should be discussed in the house, a motion for that has to be brought before the house .

    • • When a member moves a motion, he may speak l on it and so can the other members. Then the debate over it takes place.

    1. Adjournment Motion

    • • It’s an extraordinary device which enables the House to discuss matter of urgent importance and , if passed , the ordinary business of the House is adjourned and the matter, for which the adjournment motion has been moved is taken up.

    • • For passing it, 40 or more members need to support it. A debate on an adjournment motion may last only 3 hours , but not for less than 2*1/2 hours.

    • • When the debate on the motion comes to an end at the specified time, the Speaker closed the debate and puts the motion to vote.

    • • If such a motion is passed, it amounts to a censure against the government.

    • • Rajya Sabha is not permitted to make use of this device.

    2. Calling Attention Motion

    • • Device innovated in the Indian parliament in 1954; unlike zero hours it is mentioned in rules of procedure .

    • • By this method a member can ask for an explanation or a clarification from a minister on matters urgent public importance at short notice.

    • • However the Speaker is free to grant such a request or disallow it.

    3. No Confidence Motion

    • • Council of Ministers is collectively responsible to the Lok Sabha (Article 75 ) . Government stays in office so long as it enjoy confidence of the majority of the members of the Lok Sabha.

    • • Lok Sabha can remove the ministry from office by passing the No Confidence Motion. The motion needs the support of 50 members to be admitted.

    ZERO HOUR

    • • It is an informal device to raise matters without any prior notice .

    • • Starts immediately after the question hours and lasts until the agenda or regular business for the day is taken up.

    • • It is an Indian innovation ; used since 1962.

    Half an Hour Discussion

    • • Meant for raising a discussion on a matter of sufficient public importance which has been subjected to a lot of debate and he answer to which needs elucidation on a matter of fact .

    • • The Speaker can allot 3 days in a week for such discussions.

    • • There is no formal motion or voting before the house .

    Short Duration Discussion, 1/2 – Hour Discussion

    • • Discussions on a mater of urgent public importance .

    • • Speaker can allot 2 days in week for such discussions

    • • There is no formal motion or voting before the house .

    • • Used since 1953 .

  • NO COFIDENCE MOTION VS. CENSURE MOTION

    No Confidence Motion Censure Motion
    Need not state the reasons for its adoption in Lok Sabha . Need to state the reasons
    Can be moved only against entire Council of Ministers . Can be moved against an individual minister or a group of minister also .
    Moved to ascertain confidence of Lok Sabha in the Council . Moved for censuring council of ministers for specific policies & actions.
    If passed in Lok Sabha , Council of Ministers must resign from office . If passed , the Council of Ministers need not resign from the office.
  • OFFICERS OF LOK SABHA: SPEAKER & DEPUTY SPEAKER

    • •Speaker & Deputy speaker are elected by the Lok Sabha from among its own members in accordance with Article 93 in the existing procedure, this election is to be held on the very first sitting of the House . this meeting is to be presided over by a pro- tem Speaker and a tradition, the senior- most member of House is so nominated for the purpose. His position is similar to that of House of Commons in England. His functions include administering oath to the Lok Sabha members and presiding over the election of a new Speaker. The office of the Speaker pro- term sinks as soon as the speaker is elected.

    • •His salary is charged on the consolidated Fund of India to ensure his independence.

    • •He vacates his office as soon as he ceases to be the member of the House. However speaker continues in his office even if Lok Sabha is dissolved & till new lok Sabha meets. However both the speaker & his Deputy can be removed by are solution of the Lok Sabha passed by a majority of all the then members (special majority) of the House. Such a Resolution need support of 50 members for consideration by the House. Before moving such a resolution , a 14 days’ notice is necessary to exhibit the intention of members .

  • POWERS OF SPEAKER

    • • His foremost duty is to see that three is decorum & discipline in the House.

    • • He decides who shall hold the floor & speak , time to be allotted to each item, what should appear in the proceedings, which questions should not be admitted and authenticates all the bills passed by the House.

    • • Speaker presides over joint sitting of both the house of parliament [Art 118(4)] When a money Bill is transmitted form the lower House to the Upper House , the Speaker shall endorse on the bill his certificate that it is a Money Bill [Art 110(4)] .

    • • He is the custodian of the rights and privileges of members.

    • • The committees of parliament (e.g. public Accounts Committee etc.) function essentially under the Speaker and their chairpersons are also appointed or nominated by him.


    LOK SABH SPEAKER NAME
    First Lok Sabha Ganesh Vasudev Mavalankar M. Ananthasayanam Ayyangar
    Fifteenth Lok Sabha Meira Kumar
    • • Bal Ram Jakhar was longest serving Speaker of Lok Sabha (1980-1989) .

    • • 5 persons served more than 1 Lok Sabha Term.

  • CHAIRMAN AND DEPUTY CHAIRMAN OF RAJYA SABHA

    • • He must be a citizen of India , 35 years of age and eligible for election as a member of the Rajya Sabha.

    • • Vice – President of India is the ex- officio chairman of the Council of states. He is elected by members of an electoral collage consisting of members of both Houses of Parliament in accordance with the system of proportional representation be means of single transferable vote. Salary of Chairman is a same as that of speaker. Deputy Chairman is elected by the Rajya Sabha. He shall be a member of Rajya Sabha. Office of Deputy Chairman terminates if he ceases to become the member of the Council. He can also resignation submitting his resignation to the chairman in writing .

    • • He can also be removed from his office by a resolution of the Rajya Sabha., passed by a majority of all the then members of “Council. But such a resolution can only be moved by giving at least 14 days notice in advance. Chairman may be removed from his office only if he is removed from the office of Vice – president .

    • • If the office of the chairman is vacant Deputy chairman discharges his functions . but if the office of Deputy Chairman is also vacant, the duties of his office shall be discharged by such a member of the Rajya Sabha as president may appoint.

    • • The sitting of the House is presided over by the Chairman an in his absence by the deputy Chairman. But if both of them are absent then such person as may be determined by the rule of Procedure of the Council shall preside over the sitting of the House.

    • • In 2003 amendments were made to the Representation of the people Act, dispensing with the domicile requirement and introducing the open ballot system for Rajya Sabha elections.