Parliament Flashcards
Legal restrictions on Ind Pa
- Written C
- diff bw constituent and legislative powers. - Federal system
- UL,SL CCL - Judicial Review
- FR
Ind Pa is more similar to UK or USA Pa in context of sovereignty ?
USA more than UK.
Similarities
- Written C
- Fed govt
- Judicial review
- Bill of Rights
States with max no of LS seats
LS
1. UP- 80
2. MH- 48
3. WB- 42
4. BH- 40
5. TN- 39
States with max no. of RS seats
- UP- 31
- MH- 19
3.TN- 18 - WB- 16
- BH-16
State w/ max no of reserved seats for SC and STs
SC- UP—17 seats
ST- MP- 6 seats
MH seats in
LS
RS
Reserved SC
Reserved ST
LS- 48
RS- 19
SC- 5
ST- 4
Seats of UTs in LS
Delhi- 7
JK - 5
DNHDD- 2
Rest 5 have 1 seat each.
Seats of UTs in RS
JK-4
Delhi- 3
Puducherry- 1
Rest 5 have no seats in RS.
Which UTs have seats reserved for SC/ST?
SC—-Delhi- 1 seat.
ST—-LD- 1 seat.
Parliamentary privileges meaning
Spl rights
immunities
exemptions
enjoyed by
house
committees
members
Need: ensuring independence, dignity of house.
Parliamentary privileges are extended to whom
Members + those entitled to speak and take part in proceedings eg Attorney general of India and Union ministers.
Parlia privileges don’t extend to whom
President, tho she is an integral part of the Parliament.
Classification of parliamentary privileges
- Collectively- available to the house.
- Individually available- to members
Collectively available Parliamentary privileges
- Publish and prohibit reports
- secret meetings
- make own rules
- punish for breach of privilege
- imm info abt member-arrest,etc
- inquiries and order attendance
- courts cant inquire abt house proceedings
- no one can be served legal process w/in precincts of the house
Individually available Parliamentary privileges
- Can’t be arrested during session, 40 days before/after session. Only for civil cases. Not for criminal/ preventive detention.
- Vote/words cant be challenged in courts. But subject to Const and rules of Parlia
- exempted from jury service when Pa is in session
Difference bw breach of privilege and contempt of court
Breach of privilege is a clear violation of the privileges immunities of powers included in.
contempt of House is a more general concept that applies to anything that causes an inability to carry out the members duties.
Actions which are not breaches of any specific privilege but are offences against the dignity and authority of the house amount to contempt of the house.
Contempt of house def
Actions which are not breaches of any specific privilege but are offences against the dignity and authority of the house amount to contempt of the house.
Relation bw breach of privilege and contempt of house
Contempt of house is not always a breach of privilege
while a breach of privilege is always a contempt of of House
Source of privileges of House
- A105- freedom of speech in Parlia + right to publish proceedings
- Const- other privileges same as that of British House of Commons on date of comm of C.
- 44th CAA- other privileges same as that on date of comm of C ie removed ref to Bri House of Commons.
Has Parliament made any exclusive law to codify Parlia privileges?
No.
They are based on 5 sources
1. const provisions
2. Various laws of Parliament
3. Rules of houses
4. Parlia conventions
5. Judicial interpretations.
5 source of Parliamentary privileges
They are based on 5 sources
1. const provisions
2. Various laws of Parliament
3. Rules of houses
4. Parlia conventions
5. Judicial interpretations.
Legislative powers of the Pa
- Union list
- Residuary powers
- Concurrent list- overriding powers
- Ordinances w/in 6 weeks
- State list on five occasions
- Nat emergency
- RS passes reso
- 2/ more states request
- President’s rule
- Int agreements - Skeleton laws- authorizes executive to frame rule
Skeleton laws made by Parliament are called?
Delegated legislation/
Executive legislation/
Subordinate legislation
Executive powers of the Parliament
Controlling executive via
1. Motions- No confidence, adjournment, censure, etc
2. Committees
3. Hold office as long as enjoy Parlia’s confidence
4, Zero hour, question hour, etc.