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- Difference between Lok Sabha and Rajya Sabha - Everything you need to know
- Power and Functions of Indian Parliament
- House of Representatives
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In this article we will discuss about:- 1. Introduction to the Parliament of India 2. The Rajya Sabha 3. The Lok Sabha 4. Powers of the Parliament. The Speaker. Introduction to the Parliament of India: Article 79 of the Constitution of India provides that there shall be Parliament for the Union which shall consist of the President and two Houses to be respectively known as the Council of States and the House of the People.
Thus, the Constitution has stipulated a bicameral system of legislature in which Indian Parliament consists of two Houses. The former is a permanent House in the sense that it cannot be dissolved, unlike latter i. The Lok Sabha consists of representatives directly elected by the people on the basis of universal adult franchise, except of course in the case of Anglo-Indian community, whose two representatives can be nominated in that House, when the President is satisfied that that community has not been properly represented.
This nomination has so far been made in the case of all the ten Lok Sabhas. Article SO of the constitution provides that the Council of States shall consist of 12 members to be nominated by the President in accordance with the provisions of clause 3 and not more than two hundred and thirty-eight representatives of the states and of the Union Territories.
It is also provided that allocation of seats in the Council of States to be filled in by the representatives of states and Union Territories shall be as contained in the Fourth Schedule to the constitution.
Clause 3 of the constitution also, provides that the members to be nominated by the President shall be those who have special know ledge or practical experience in respect of such matters as literature, science, art and social services. The constitution also provides that the representatives of each state in the Council of States shall be elected by the elected members of the Legislative Assembly of the state in accordance with the system of proportional representation by means of single transferable vote.
The composition of the Rajya Sabha, in term of number of seats to each state has been changing, because from time to time the states have been reorganised. Members from the Union Territories are chosen in such a manner as the Parliament may decide by law. The basis of the composition, i. Thus, each State has not been given equal representation, as is the case with the Senate of the USA where each state, big or small, is represented by two representatives or Swiss Upper House in which two representatives each come from full Canton and one member each from half Canton.
By and large, a state is given representation on the basis of one member for each million of the first five millions of its population and thereafter only one seat after every additional two millions. Position in respect of seats allocated to each State in Rajya Sabha now is as follows:. Of course, the Constitution provides that twelve members to be nominated by the President shall be those who have earned a name and lame in the field of science, art, literature and social services, yet sometimes nomination to the Rajya Sabha are made of the persons who are likely to politically support the Prime Minister and of those who have already been inducted in the cabinet but are not being asked by the party bosses to contest the Lok Sabha seat within a stipulated period of 6 months, due to one reason or the other.
Thus, each member is elected for a term of 6 years. Though it is expected that the members should be elected on the basis of interests of the state, yet in actual practice all elections are held on party lines.
The Rajya Sabha being Upper House of Parliament it is expected of it that its members should be comparatively sober and atmosphere in the House calm. The constitution provides that a person who wants to become a member of the House should be citizen of India and not less than 30 years of age.
He should be an elector for a parliamentary constituency of the state from which he is to be returned to the House. He should not hold any office of profit either in the central or state government.
He should be of sound mind and not be an alien. He also should not have been declared unqualified for membership by any court of law. He should neither have voluntarily acquired citizenship of any foreign country nor agreed to owe allegiance to any foreign power.
After his election to the Rajya Sabha a member shall ordinarily continue to be a member for a period of 6 years but his seat shall fall vacant after he has tendered his resignation or incurred some disqualification which disqualifies him from the membership of the Rajya Sabha.
He cannot simultaneously hold membership of the Lok Sabha. In case he becomes a member of the other House at any stage, he will have to give up the membership of either House of Parliament.
This also applies to the membership of state legislature as well. He will also cease to be member of the Rajya Sabha in case he remains absent from the sittings of the House continuous! He shall also cease to be a member, if the House on account of his unbecoming conduct, decides to expel him from the House as a matter of punishment.
When T. Seshan became Chief Election Commissioner he laid stress on this provision of the Representation of People Act, and decided to examine whether some members of the Rajya Sabha, including Finance Minister Man Mohan Singh, who was representing Assam in the Rajya Sabha with the support of ruling party, were ordinarily residents of the states which they claim to represent and for which they had submitted affidavits.
This of course, posed problem for sometime and embarrassment to these members as well, though ultimately none of them was affected. But an issue has been thrown open for consideration, which can be raised by some one else at some latter stage. The Representation of People Act, stipulates that only a person who is an elector of a parliamentary constituency in a state can be chosen as a representative of that state in the Rajya Sabha. In some cases it is very difficult to decide whether a person is ordinarily resident in a particular place or not.
Thus, the Act lacks clarity and precision. No one, thus, can be penalised for non- clarity or non-precision in law. Moreover, any such enquiry by any authority responsible for conduct of elections for the membership of the Rajya Sabha is bound to stand on the way of persuation of eminent persons known for their expertise in different fields to join Parliament and help in improving administration on the one hand and cleaning corrupt elements from politics on the other.
Like his counter part in the USA, the Vice-President of India is not the member of the Rajya Sabha and as such he does not enjoy any voting power or right, but he has casting vote in case of a tie and when the House is equally divided on any issue. As presiding officer of the House, he is required to maintain decorum and discipline in the House. He allows the members to speak and disposes of all the points of order which are raised in the House. When he is on his legs nobody else is supposed to stand in the House.
Any item in the House can be discussed only with his permission. He recognises the members on the floor of the House. It may, however, be remembered that though the Vice-President of India is the Chairman of the Rajya Sabha yet he is not elected by that House alone. His election procedure has already been discussed separately.
But at times the Chairman is not in a position to preside over the meetings of House due to one or several reasons. In his absence, the meetings are presided over by Vice-Chairman, who of course is elected by the Rajya Sabha from amongst its own members. When both the Chairman and Vice-Chairman are not available to preside, available member from the panel of chairmen presides. Deputy Chairman obviously holds office as long as he is member of the Rajya Sabha.
As soon as he ceases to be a member of the House, he also vacates that office. When such a resolution is under discussion he is provided an opportunity to participate in the discussions but cannot vote.
In addition, when such a charge of removal is levied against the Vice-President, he leaves the chair when the resolution is under consideration of the House. Each member is required to take an oath an allegiance to the constitution. In financial matters it has much less powers than the Lok Sabha.
In non-money matters both the Houses have co-equal powers. A non-money bill can be moved in either House of Parliament. In fact, when the government feels that the work with the Lok Sabha is heavy, it introduces non-money bills in the Rajya Sabha, so that all discussions and heat which usually is generated on a new bill, finds its expression in that House and comparatively less time of the Lok Sabha is consumed over such bills.
Every non-money bill must be passed by both the Houses of Parliament before it can be sent to the President for his approval. In that regard both the Houses are at par. There can, however, be disagreement between the two Houses on any non-money bill.
In order to solve that the President can call for a joint sitting of both the Houses. In this connection it may be pointed out that in India there is no system of conciliation committee as that obtains in the USA, under which such disputed matters are referred to such a committee, on which both the Houses have equal representation and whose decision is treated as final.
In that country Senators having more glamour and longer tenure, usually carry the day. The position is also not like the one prevailing m England where the House of Lords has the power to delay the matters Nit is ultimately forced to agree to what has been proposed by the Commons. But even then the position of the Rajya Sabha in a joint session is not as strong as that of the Lok Sabha. It is because numerical strength of the Lok Sabha is more than that of the Rajya Sabha and in case of any voting the former is likely to win, because each House is likely to vote in its own favour to save its prestige.
The Lok Sabha has advantage in another respect also, because in such a joint session Speaker of the Lok Sabha presides. Not only this, but it is the Council of Ministers which decides whether on a controversial matter view point of the Rajya Sabha is to be adjusted and whether such a matter is to be pursued or dropped. Since the Council of Ministers is jointly and collectively responsible to the Lok Sabha, therefore, it is likely to go with the view point of that House.
Thus, in actual practice the Rajya Sabha can delay a non-money Bill for period of six months but cannot kill that, if the Lok Sabha is keen to see that through. All money bills can originate only in the Lok Sabha.
No money bill can originate in the Rajya Sabha. If a money bill passed by the Lok Sabha is sent to the Rajya Sabha that House can delay it for a period not exceeding 14 days.
In case a money bill is not returned within that period that will be treated to have been passed. In case, however, the Bill is returned within this period, with any suggestions or modifications, it is for the Lok Sabha to accept such changes or not, but in both the cases the money bill need not be returned to that House. The Bill as passed by the Lower House for the second time will be treated to have been passed and sent to the President for his approval.
Then comes control over the executive government. In a parliamentary form of government the Council of Ministers is collectively responsible to the Lower House e.
The Ministers appear before the Rajya Sabha, pilot non-money bills in that House, reply to all questions put on them, leave no one unturned to satisfy the members of the House, but if even in spite of all all as the members do not feel satisfied and move a vote of no-confidence against the Ministry, that will have no effect on the life of the government, even if such a motion is unanimously carried out.
All that the House can do is that it can express its dissatisfaction on government policies and programmes, can embarrass it but nothing beyond that. But both the Houses have co-equal powers in so far as amendment of the constitution is concerned. According to the constitution, it is provided that a constitutional amendment can be proposed in either House of Parliament. Thus, in this regard there is no distinction between the two.
It is also provided that such an amendment must be approved by both the Houses of Parliament by a majority of each House, as specified in the constitution, in each House. It may be remembered that there is no provision in the constitution by which a joint sitting of the House can be called to solve a deadlock on any constitutional amendment. Both the Houses have co-equal powers in certain other matters as well, including election of the Vice-President of India, impeachment of the President and removal of the judges of the Supreme Court and High Courts and also that of the Comptroller and Auditor General of India.
In another respect in which both the Houses have co-equal powers is the approval of the declaration of emergency in the country. Unless both the Houses approve, there can be no emergency declaration in the country. If there is need for setting up martial law or suspension of fundamental rights, then also the approval of Rajya Sabha is unavoidable. Under the constitution Union Public Service Commission has a special status.
Difference between Lok Sabha and Rajya Sabha - Everything you need to know
The Office of the Speaker occupies a pivotal position in our parliamentary democracy. It has been said of the Office of the Speaker that while the members of Parliament represent the individual constituencies, the Speaker represents the full authority of the House itself. Therefore, it is expected that the holder of this Office of high dignity has to be one who can represent the House in all its manifestations. With the televising of proceedings of Parliament, the small screen brings to millions of households in the country the day-to-day developments in the House, making the Speaker's task all the more important. The Speaker is looked upon as the true guardian of the traditions of parliamentary democracy. The Constitution of India provides that the Speaker's salary and allowances are not to be voted by Parliament and are to be charged on the Consolidated Fund of India. Term of Office.
Power and Functions of Indian Parliament
Topics Covered: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies. Article 93 of the Constitution provides for the election of both the Speaker and the Deputy Speaker. They act as the presiding officer in case of leave or absence caused by death or illness of the Speaker of the Lok Sabha. Usually, the Deputy Speaker is elected in the first meeting of the Lok Sabha after the General elections from amongst the members of the Lok Sabha.
It is also called the Popular house because its members are elected directly by the people. As it is clear from its name it represents the people of India. It is a powerful and fully democratic house of the union parliament and its similar to the British house of commons. In the beginning, the total number of the member of the Lok Sabha was fixed at But later in by the 7th amendment, the membership was increased to
In any legislative chamber, a presiding officer is required to facilitate the conduct of business and maintain order.
House of Representatives
House of Representatives , one of the two houses of the bicameral United States Congress , established in by the Constitution of the United States. The House of Representatives shares equal responsibility for lawmaking with the U. As conceived by the framers of the Constitution, the House was to represent the popular will, and its members were to be directly elected by the people.
Serving for a term of five years, the speaker chosen from sitting members of the Lok Sabha House of the People , and is by convention a member of the ruling party or alliance. The Speaker should be someone who understands Lok Sabha functions and it should be someone accepted among the ruling and opposition parties. MPs propose a name to the Pro tem speaker. These names are notified to the President of India. The President through their aide Secretary-General notifies the election date.
In this article we will discuss about:- 1. Introduction to the Parliament of India 2. The Rajya Sabha 3. The Lok Sabha 4. Powers of the Parliament.
The Speaker is the most powerful man in the Lok Sabha. He enjoys supreme authority in the House. He enjoys a status equal to that of the Chief Justice of India. Normally they are elected unanimously.
The Parliament of India is a bi-cameral legislature. Parliament makes law with the help of its both the chambers. Laws passed by the parliament and approved by the president are enforced in the whole country. Its powers and functions can be classified in to following heads:. In concurrent list Parliamentary law is over riding than state legislative law.
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