| The
Parliament in India consists of the President
and two Houses. They are called Lok Sabha and
Rajya Sabha. Though the President is not a member
of either House of Parliament, he is a part
of the Parliament. Let us now proceed to read
about the composition of the two Houses of Parliament.
The Lok Sabha is also called House of the People
Its membership cannot be more than 550. Of these,
not more than 530 members are elected from
the states and not more than 20 from the union
territories. In addition, not more than two
members may be nominated by the President from
the Anglo-Indian community, if the President
feels that the Anglo-Indians have not got adequate
representation in Parliament. Let us now read
how members
of both the houses
are elected.
Members of Lok Sabha are directly elected
by the people. Each State and union territory is
allowed to elect as many members as are on
the basis at its imputation. Each state is
divided into constituencies, which are roughly
of the same size in terms of population.
One member is elected from one constituency.
This means that there will be as many constituencies
in India as there are members to be elected
to the Lok Sabha. The members are elected on
the basis of universal adult franchise-You
have read earlier that this means all Indian citizens
who are above the age of 18 years have the right
to vote and elect their representatives.
The Rajya Sabha consists-of not more than
250 members. Of these 250 members not more than
238 are elected indirectly by state Legislative
Assemblies arid. 12 are nominated by the President.
These 12 are eminent people such as writers,
artistes, scientists etc. The 238 elected members
of the Rajya Sabba are elected by the 'elected'
members of the Legislative Assemblies of the
States in accordance with the method of proportional
representation through a single transferable
vote system.
TERM
The term of the Lok Sabha is five years. But
the Lok Sabha may be dissolved even earlier
by the President on the advice of the Council
of ministers headed by the Prime Minister. During
an emergency however the tem of the Lok Sabha
may be extended by six months at a time by a
law passed by the Parliament.
Rajya Sabha, on the other hand, is a permanent
House and it cannot be dissolved by the President.
But, its members are elected for a term of 6
years with 1/3rd members retiring after every
two years. Elections are held ay two years for
1/3rd seats of the Rajya Sabha.
QUALIFICATION OF MEMBERS
The following qualifications are necessary
to be elected to the Lok Sabha:
1. The candidate should be a citizen of India.
2. He or She should be at least 25 years
of age.
3. He or She should possess such other qualification
as may be specified by Parliament from time
to time.
To become the member of the Rajya Sabha, a
person should be a citizen of India and above
30 years of age. The other qualifications are:
1. He or. She should be of a sound mind;
2. He or She should not hold any office of
profit, and
3. He or She should not be a bankrupt.
Office of Profit: This means any post
directly under the central or state Government.
Thus, no government servant can become a member
of Parliament.
The only difference is that to be elected
to the Lok Sabha, a citizen should be a voter
from any constituency in the country. In order
to be elected to the Rajya Sabha, a citizen
should be a registered voter in the State that
he/ she seeks to represent.
SESSIONS AND PRESIDING OFFICERS OF THE
PARLIAMENT
At least two sessions of the Parliament are
held every year. The time gap between the last
day of the previous session and the first day
of the next session should not be more than
six months. In practice, however, normally three
sessions are held every year. Sessions of the
Parliament are summoned and prorogued by the
President on the advice of the Prime Minister.
The Lok Sabha is presided over by the Speaker.
He/she is elected from among its members by
the House itself. In the Speaker's absence,
the Deputy Speaker presides over the sittings
of the Lok Sabha. He is also elected by the
House from amongst its members. The Speaker
is an important official of the Lok Sabha. He
conducts the proceedings of the Lok Sabha and
presides over its meetings. He fixes the time
table for the House. Without his permission,
no member can speak in the House. If any member
is behaving in an unruly manner, the Speaker
can ask him to leave the House. He regulates
the entry of visitors into House. He protects
the privileges of members of the House. When
there is disorder in the House, he can adjourn
its meetings. The Speaker presides over the
joint sittings of both Houses of Parliament.
He decides whether a bill is a money bill or
not. In short, his authority is supreme within
the House. He may vote in the House, but in
practice he does not cast his vote. He only
exercises a casting vote.
The presiding officer of the Rajya Sabha is known
as the Chairman. The Vice President of
India is the ex-officio chairman of the Rajya
Sabha. In his absence, the Deputy Chairman presides
over the meetings of the Rajya Sabha. The Deputy
Chairman is elected by the Rajya Sabha from
amongst in members. The Chairman of the Rajya
Sabha performs the work of presiding over the
meetings of the Rajya Sabha. But, he cannot
vote as he is not a member of the House. He
can only exercise a casting vote.
Casting Vote: When an equal number of
members have voted both in favour and against
a bill, it is called a tie. The presiding officer
may cast their vote so that a decision may be
taken. Such a vote is called a Casting Vote.
FUNCTIONS OF PARLIAMENT
The Parliament performs a variety of functions.
The foremost of these is law-making.. Let us
see these in detail.
1.Law making-
The Parliament makes laws for the whole country taking into account the crucial subjects and issues of India such as defense, communications, airways, foreign affairs etc. It passes both money bills and ordinary bills.
Bill: A draft of a proposed law is called
a bill. It is normally drafted by the Law Ministry.
When a bill is passed it becomes a Law and is
known as an Act.
A bill is considered a money bill if it is
concerned with income or expenditure of the government.
If it proposes to impose a new tax or lift a
tax or wants to change any of the existing taxes,
it is a money bill. Similarly, a bill that provides
a permit for expenditure of certain funds is
a money bill. It is the Speaker of the Lok Sabha who
decides wether a bill is a money bill or not.
And his decision is final, that means, no
one can question his decision.
All other bills are called ordinary bills
or a non-money bill.
Money bills can be introduced only in the
Lok Sabha, whereas non-money bills or ordinary
bills can be introduced in any House of Parliament.
After a bill is passed by both the Houses it
is sent to the President for his signature.
Only after the bill receives the assent of the
President does it become a law. President can
send an ordinary bill back for reconsideration
once. After the two Houses have reconsidered
the bill on his recommendation, it goes back
to the President and the second time, the President
must sign the bill. However, the President has
no power to refuse to sign a Money Bill. He
must sign it the first time that it comes to
him.
2. Electoral Functions
The members of Parliament perform certain
electoral functions. Firstly, the elected members
of both Houses of Parliament along with the
elected members of the state Legislative Assemblies
form the electoral college which elects the
President of India. Besides this, all the members
of Parliament also elect the Vice President
of India.
3. The Power of Removal
The Parliament has the power of removing the
President through a process of impeachment.
You will read about the method of impeachment
of President in the next lesson.
The Vice President of India can be removed
by a resolution of the Rajya- Sabha passed by
a majority of its members and agreed upon to
it by the Lok Sabha. Parliament also has the
power of removing the Chief Justice and judges
of the Supreme Court on grounds of proven misbehavior.
4. Control over the Executive
The Parliament keeps a check on the functioning
of the Council of Ministers which is the real
executive. The most important devise is the
�No Confidence Motion�. When the opposition feels
that the government deserves to be removed from
power it may move a vote of no-confidence in
the Lok Sabha. If it is passed by the Lok Sabha,
the government has to resign. You may be aware
that in 1993 a vote of no confidence was proposed
by Lok Sabha against the Narsimha Rao government
but it was not be passed. Hence the government
continued to remain in power. The other method
of keeping a check on the government is by asking
questions. The members of Parliament can ask
questions from any minister and the latter must
reply. This will keep the ministers alert about
how their departments are functioning. Besides
the main questions, the members of the Parliament
can also ask the minister supplementary questions.
These are questions which are related to the
main question. In some cases the normal business
of the House can be suspended or adjourned to
discuss some urgent matter. This is done by
moving a motion, which is called an Adjournment
Motion. The government is also kept under check
through measures such as debate on the purposed
budget and cuts in the proposed expenditure.
It may be mentioned that if the Parliament does
not pass the proposed budget, it is considered
a vote of no-confidence against the government.
It is through these devises that the Parliament
keeps a check on the functioning of our ministers
and the Prime Minister.
5. Amendment of the Constitution
There are times when the conditions and situations
in the country have changed and it is not possible
to meet the new or changed conditions with the
existing provisions of the Constitution. So,
the Constitution may need to be suitably changed
to meet the demands of time. This can be done
by amendment of the Constitution. Parliament
of India has the power to amend the Constitution.
Some of the parts of the Constitution can be
amended by Parliament only if legislatures of
half of the states also agree. |