Parliament And Legislative Procedure

Question 1

Legislative organs

Answer 1

The parliament is the Legislative organ

Pre eminent and Central position in the Indian democratic political system due to the adoption of parliamentary form of Government

It is also known as the best minister model because it was adopted from Britain

Article 79-122 deals with the organisation, composition, duration, officer, procedure etc of the Parliament

Organisation of parliament consists of three parts: House of people, Council of states and the president

In 1954 it was changed to House of people/Loksabha/lower house, Council of States/rajyasabha/states and union territories of India, upper house/represent the people of India as a whole

The president is not a member of either houses of Parliament and does not sit in the parliament. This is because a bill cannot become an act without the signature of president. He summons and prorogues both houses and dissolves the Lok Sabha and addresses both houses

The famous of the constitution relied more on the British pattern and the American

The parliamentary form of Government emphasizes on the interdependence of legislative and executive organs.

The Presidential form of Government stresses on separation of legislative and executive organs

Composition of Rajya Sabha and composition of Lok Sabha

Question 2

Composition of Rajya Sabha

Answer 2

4th schedule deals with the allocation of seats in Rajya Sabha to states and union territories

Representative of states and union territories: 233

Nominated by president: 12

Maximum strength: 250

Presently until 2019:
Representative of states and union territories: 229 from states and 4 from union territories

Nominated by president: 12

Actual strength: 245

Members of Rajya Sabha are in directly elected

Representation of states:
Representation of state in Rajya Sabha are elected by elected members of state legislative assemblies
Election is held in accordance with the proportional representation by single transferable vote
Seats are according to population, hands the number of representatives vary from state to state
For example, UP has 31 seats and Tripura has 1 seat
In the US all states are given equal representation

Representation of UTs:
Representation of union territories in Rajya Sabha is indirectly elected by electoral college specially constituted for this purpose
The election is held in accordance with proportional representation by single transferable vote
Only Delhi and Pondicherry have representation in Rajya Sabha, other union territories have too small a population to have representation
Representations from Jammu and Kashmir and Ladakh is yet to be known

Nominated members:
The president nominates 12 members from various fields of literature, Art, science, and social science. To provide eminent persons place in Rajya Sabha without going via the process of election. The American senate has no nominated members

Question 3

Composition of Lok Sabha

Answer 3

Representative of states and union territories (530 from states and 20 UTs)

Nominated by president: 2 Anglo Indians (discontinued by the 104th Constitutional amendment Act in 2019)

At present, representative of states is at 530 and 13 for UTs. Thus, actual strength is 545.

Members of Lok Sabha are directly elected by voting

Representation of States:
Representatives of state in Lok Sabha are directly elected by the people from territorial constituencies in state
Election is held in accordance with the universal adult franchise
Every citizen about 18 years of age can vote accept disqualified under the provision of constitution or any law

Representation of union territories:
Constitution has empowered Parliament to prescrib the manner of choosing the representative of union territory
Parliament has enacted union territory act of 1965 (direct election to the house of people)
Member of Lok Sabha from union territories are chosen by direct selection

Duration of Lok Sabha:
Temporary body
5 years of term from date of first meeting
President can dissolve even before the completion of 5 years and it cannot be challenged in a court of law
Can we extended during National emergency for 1 year at a time

Duration of Rajya Sabha:
Permanent body
⅓ retired every second year
Seat fill the by fresh elections and not by ballot paper
Eligible for re election
Duration: the term of members of Rajya Sabha is not fixed and left to the parliament.
The working duration is not fixed in constitution but the representative of People Act 1951 fixes the term for 6 years. 1st batch decided by lottery as who should retire
Act empowers the President to govern the order of retirement of members of Rajya Sabha

Question 4

Council of ministers

Answer 4

Article 74 deals with the status of Council of ministers

The council of ministers aids and advises the president:

It says that there shall be a council of minister, with the PM at head, who shall act in accordance with such advise and the advice shell not be enquired into any Court.

Article 75 deals with the appointment, tenure, qualification and oath of the ministers.

The PM shall be appointed by the president and other members by president on the advice of the prime minister. Total members should be 15% of the strength of Lok Sabha, including PM since the 91st Constitutional amendment Act

Members disqualified cannot become minister since 91st Constitutional amendment Act

Ministers hold position according to the pleasure of the president

Council of minister is collectively responsible to Lok Sabha

Salaries and allowances are decided by the parliament

Article 77 discusses the conduct of business of the Government of India. All the executive action on the name of president. The president makes rules convenient for transaction of business of Government of India

The orders and other instruments in the name of president are authenticated by the rules made by the president

The validity of orders are not to be questions and not made by president

Article 78 discusses the communication of all the seasons of Council of ministers. Such information shall be furnished if belated to administration as president may call for. They shall advice president on important appointments

Question 5

System of election to Lok Sabha

Answer 5

Territorial Constituencies:
That elections to Lok Sabha hence divided into territorial constituencies

Each state is allotted a number of seats in the Lok Sabha in such a way that the ratio between the number and its population is the same for all the states

Constitution ensures that there is uniformity of representation between different states and different constituencies of the same state

After every censu, readjustment is to be made in allocation of seats in Lok Sabha to States and division of state in to territorial constituencies, Parliament is empowered to determine the authority and manner, Parliament has an acted the limitation Commission acts in 1952, 1962, 1972 and 2002 to encourage limiting measures, the 42nd constitutional amendment Act of 1976 frozen the allocation of seats in Lok Sabha until 2000 then extended another 25 years by the 84th constitutional amendment Act in 2001

84th constitutional amendment Act on the basis of 1991 census for allocation and the 87th constitution amendment Act of 2003 made it 2001 census for allocation of seats

Proportional representation adopted for Rajya Sabha, but for Lok Sabha we have adopted territorial representation

Candidate who gets majority vote will win and there is no rule of 50% majority in India

In this system all sections of people get representation in proportion to their population

Even the smallest section of people get its due share of representation

Two types of voting systems: single transferable vote system adopted for Rajya Sabha, state legislative council, President and vice President + List system

Reason for not adopting the proportional representation for Lok Sabha is because it is difficult for voters to understand the system and since multiple political parties are there so there is an unsuitability to the parliamentary government

Demerits: it is highly expensive, increase significance of party system and decrease of that of voters, promotion of minority thinking

Question 6

Membership of parliament

Answer 6

Qualifications:
Must be a citizen of India
Must make and subscribe to an oath or affirmation before the person is authorised by election Commission to bear true faith and allegiance to Constitution and to uphold the sovereignty and integrity of India

Must not be less than 30 years of age of Rajya Sabha

Must not be less than 25 years of age for Lok Sabha

Must possess other qualification prescribed by parliament

Minimum age to become speaker of Lok Sabha is 25

Minimum age to become chairperson of Rajya Sabha is 30

Minimum age to become vice president is 35

Additional qualifications in the representation of People Act of 1951: must be registered as an electoral for parliamentary constituency for both Rajya Sabha and Lok Sabha

In 2003, person contesting in election to Rajya Sabha from particular stage should be elector in that state

Mastia member of SC or ST to contest for reserved seat and can also contest for non reserved seat

Question 7

Disqualification

Answer 7

According to our constitution if he holds any profit of profit (like and IAS officer and speaker of parliament together since it’s government salary), but vice president and speaker of Rajya Sabha can be held together since it’s consuming only one salary.

Unsound mind and stands so declared by Court

Insolvent, bankrupt or not a citizen of India

Disqualified under any law made by parliament

In representation of people Act of 1951, must not guilty on election offences or corrupt practices

Must not have been convicted of any offence with imprisonment for two or more years but preventive detection is not disqualified

Not have failed to lodge on account of his election expenses within time

Not have interest in government contracts or work

Not be a director or managing agent in corporation in which government has at least 25% share

Not be dismissed from government service for corruption or disloyalty to the state

Must not have been convicted for promoting enmity between different groups or for offence of bribery

Mus not have been punished for preaching social crime

President’s decision is final but should obtain the opinion of election commission

In defection (10th schedule)
Voluntarily gives up the membership of political party
If he votes or abstains from voting in the house against his political party
If any independent member joins political party
Nominated member after 6 months joins political party
This qualification under the 10th schedule by speaker in Lok Sabha, by chairman in Rajya Sabha and not by president
In 1992 it was brought under judicial review

Question 8

Vacating of seats

Answer 8

Double membership:
Person get elected in both houses of Lok Sabha and Rajya Sabha than he must tell in 10 days which house he wants to leave

If he does not clear opinion than the seat of Rajya Sabha will be automatically left

If he is already a member of one house and got elected in another then he is not interested in the first house and therefore the first house will be vacant

Got elected to two seats in house then he must clear his opinion of 1 seat if he fails to do so, then both seats will be left.

Got elected in Parliament and state legislature then seat in Parliament will be left and seat of state legislature will be maintained within 14 days

Disqualification by voluntary rejection is political party votes against the candidate

Resignation can be given to speaker of Lok Sabha or chairman in Rajya Sabha.

Speaker and chairman may except or reject resignation. If it is rejected then the candidate can’t leave his seat.

Absence: If member of parliament is absent for more than 60 days without permission

Other cases: if election is declared void by the court, expelled by the house, elected to the office of President and vice President or appointed to the office of governor

Question 9

Parliament

Answer 9

Both are affirmation:
Oath before president
For MP there are three oaths: to bear true faith and allegiance to Constitution, two faithfully discharge the duties of his house and to uphold the sovereignty and integrity of India

Unless a member takes the oath he cannot board and participate in the proceeding and no immunities and privileges are granted to him

The salaries and allowances are determined by the Parliament and while no provision of pension in constitution is granted, the Parliament has provided pension to members

Presiding officers:
Each House of Parliament has its own presiding officer called the speaker in Lok Sabha and chairman in Rajya Sabha

Others are: deputy speaker of Lok Sabha, panel of chairperson in Lok Sabha, pro tem speaker, deputy chairman of Rajya Sabha, panel of vice chairpersons of Rajya Sabha, secretariat of parliament.

Leader in Parliament:
Under the rules of Lok Sabha the leader of the house is the prime minister of India
If he is the member of Lok Sabha or a minister who is a member of Lok Sabha and his nominated by prime minister to function as the leader of house
Prime minister can also nominate a deputy leader of the house
In Rajya Sabha member nominated by PM will be the leader of Rajya Sabha
In America such a leader of parliament is called the majority leader

Leader of opposition:
The leader of the largest opposition party having not less than ⅒ seats of the total strength of the house
His main functions are to provide constructive criticism for the policies of the government
Got statutory recognition in 1977
Salary and allowance and other facilities equivalent to that of cabinet minister
In America the leader of opposition is called the minority leader and in Britain they are called the shadow cabinet

In our constitution the leader of house is given in rules of house but the leader of opposition is given in the statute

WHIP: the office of WHIP is mention neither in the constitution of India, nor in the rules of house nor in the parliamentary statute
It is based on the conventions of the parliamentary government
He is appointed by the political party
The members are supposed to follow the directive given by the WHIP
If WHIP is not followed, then against defection law, he will be terminated

Question 10

Sessions of parliament

Answer 10

Summoning:
The president from time to time summons each house of the Parliament to meet
Maximum gap between two sessions of Parliament can’t be more than 6 months
Sessions:
Budget sessions between February to May
Recess in between two sessions in time
Monsoon session from July to September
Recess in between two sessions time
Winter session from November to December

Adjournment:
Sitting of Parliament can be terminated by adjournment or adjournment sine die or Prorogation or dissolution
An adjournment suspends the work in sitting for a specific time (for hours, days or weeks)
Adjournment sine die means terminating a sitting of Parliament for an indefinite period (the parliament is not given a proper date for quantumate next)
The power lies with the presiding officer of the house (Chairman of Rajya Sabha and speaker of Lok Sabha)
He can also call a sitting of the house before the date or time to which it has been adjourned or at any time after the house has been adjoined sine die

Prorogation:
The presiting officer (chairman or speaker) declares the house adjourned sine die (when the business of a session is completed)
Within the next few days the president issues on notification for prorogation of the session. However, the president can also prorogue house while in session

Difference:
Adjournment means only a day is adjourned. Prorogation means an entire session is over
Adjournment only terminate a sitting and not a session of the house. Prorogation not only terminates a sitting but also a session of the house
Adjournment is done by presiding officer of the house but Prorogation is done by the president of India
Adjournment does not affect the bills or any other business pending before the house and the same can be resumed when the house meets again. Prorogation also does not affect the bills or any other business pending before the house, however all pending notices (apart from introducing bills) lapse on Prorogation and fresh notices have to be given for the next session.

In Britain propagation brings to an end all bills or any other business pending before the house

Question 11

Dissolution

Answer 11

Only the Lok Sabha is subjected to the dissolution

Automatic dissolution is on the expiry of its tenure of 5 years or terms as extended during national emergency

If before 5 years dissolution, then the party must have absolute majority or 50% majority

It may also dissolve whenever president decides to dissolve the house which he is authorised to do

Once the Lok Sabha is dissolved before the completion of its normal tenure, The dissolution is irrevocable

Rajya Sabha is not subjected to dissolution

When the Lok Sabha is dissolved, all businesses including bills, motions, resolutions, notices, petitions, etc pending before it or its committees lapse

Conditions:
If Bill is introduced in Lok Sabha, and the Lok Sabha dissolves then the bill will be lapsed

If Bill is introduced in rajyasabha, then passed to Lok Sabha and the Lok Sabha dissolves then the bill will be lapsed

If Bill is introduced in Loksabha, then passed to rajya Sabha and the Lok Sabha dissolves then the bill will be lapsed

If Bill is introduced in rajyasabha, not passed to lok sabha and the Lok Sabha dissolves then the bill won’t be lapsed

If Bill is introduced in Loksabha, passed to rajya sabha then to President and the Lok Sabha dissolves then the bill won’t be lapsed

If Bill is introduced in Loksabha, passed to rajya sabha then to President and president sends it to rajya sabha for further consider (bill is with rajya sabha) and Lok Sabha dissolves then the bill won’t be lapsed

If bill is not passed by two houses due to disagreement and if the president has notified the holding of a joint sitting before The dissolution of Lok Sabha then the bill won’t be lapsed

If the bill is touched by the president than the bill won’t be dissolved but if the bill is touched by the Lok Sabha the bill will be lapsed.

Question 12

Quorum

Answer 12

At least minimum numbers of people needed to start the proceedings

In Parliament, a required ⅒ of total number of ministers in each house including the presiding officer

In Loksabha, 55 members is required

In Rajya Sabha, 25 members are required for any business conducted

If there is no quorum during a meeting of the house, it is the duty of the presiding officer either to adjourn the house or to suspend the meeting until there is quorum

Question 13

Voting in the house

Answer 13

All members at any sitting of either House or joint sitting of both the houses decided by majority of votes of the members present and voting excluding the presiding officer, few by special majority and few by effective majority

Then the presiding officer asks those who are in favour say aye and against say no.

If any objection is occurred then the lobby will be cleared

After 3mins and 30 seconds, the same question as before is asked

Still if there is any objection then there shall be direct that the votes be recorded either by operating The automatic vote recorder or by using aye and no slips in the house by the members going into the lobbies

But if in the opinion of speaker, the division is unnecessarily claimed than he may ask the members who are for aye and those for no respectively to rise in their place

On a count being taken, he may declare the determination of the house in such a case the names of voters shall not be recorded

Question 14

Language in Parliament

Answer 14

Constitution has declared Hindi and English to be the languages for transacting business in parliament

However the presiding officer can permit a member to address the house in his mother language

In both the houses arrangements are made for simultaneous translation

Though English was to be discontinued as a floor language after the expression of 15 years from the commencement of the constitution in 1965, official languages act of 1963 allowed English to be continued along with Hindi

Question 15

Lame duck session

Answer 15

It refers to the least session of existing Lok Sabha after a new lok sabha has been elected

Those members of existing Lok Sabha who are not really active to New Lok Sabha are called lame darks

Question 16

Cabinet committees

Answer 16

Basics: no were in the constitution, is there a mention of extra constitutional body or rule of business provided for the establishment of standing and ad hoc cabinet committees

Cabinet committees came about to reduce the workload of the cabinet and for in depth examination of policies and taking decisions

Set up by PM according to the exigencies of time and requirement of situations. Hence, name, number and composition varies from time to time

It usually include the cabinet ministers but non cabinet ministers are not debarred

Mostly headed by PM but also headed by other cabinet ministers like the Home minister or finance minister. However if it is headed by the PM then he is the head of these committees

Types of Cabinet committees:
On political affairs: policy matters, chaired by the PM aka super cabinet
Economic affairs: directs and co-ordinate government activities in the economics sphere, chaired by the PM
On parliamentary affairs: the progress of government business in Parliament, chaired by the Home minister
Appointment committee of cabinet: decides all higher level appointments, chaired by PM
Other committees are: natural calamities, accommodation, foreign investment, infrastructure and security

Group of ministers:
Empowered group of ministers authorised to take the decisions in the matter they are looking for without any need of cabinet rectification

Group of ministers look into the matter, suggest the cabinet, and final decision is taken by the cabinet

Question 17

Devices of parliamentary precedings

Answer 17

Question hour:
First hour of every parliamentary sitting is slotted for this
During this time members ask questions and the ministers usually answer
Types of questions asked are starred questions which require an oral answer and hence, supplementary questions can follow, they are kept in green colour cards and unstarred questions which require a written answer and supplementary questions cannot follow, these are kept in white colour cards. Another type is short note is question with a notice of less than 10 days, is answered orally and kept in pink cards.

In addition to the ministers questions can also be asked to the private members, kept in yellow cards

Question over is mentioned in the rule of procedure

Zero hour:
It is not mentioned in the rule of procedure
Invented by Indian parliament in the field of parliamentary procedures and has been existence since 1962
It is an informal device available to the members of the Parliament to raise matters without any prior notice
The time get between question hour and the agenda is also called zero hour
Zero hour starts immediately after the question hour and lasts until the agenda for the day is taken up i.e. the regular business of the house

Motion:

Substantive motion:
Motions are self contained independent proposals submitted for the approval of the house
It deals with important matters like the impeachment of the president or the removal of the chief election commissioner

Substitute motion:
It means to substitute something
It is a motion that is moved in substitution of an original motion and proposes an alternative to it
If adopted by the house it supercedes the original motion

Subsidiary motion:
It is the motion that by itself has no meaning in can’t state the decision of the house without reference to the original motion or proceedings of the house
It includes three motions: ancillary motion (regular way of proceeding with various kinds of business), superceding motion (moved in the course of debate on another issue and seeks to supersede that issue), amendment (it seeks to modify or substitute only a part the original motion)

Closure motion:
It means to bring an end to something
Motion moved by a member to cut short the debate on a matter before the house
If the motion is approved by the house debate is stopped forth with & the matter is put to vote
Types:
1. Simple closure discusses like gentleman with mutual understanding to resolve the bill when a member moves that the matter having sufficiently discussed be now put the vote
2. Closure by compartments: clauses of bill or lengthy resolution are group into parts before the commencement of debate. The debate covers the part as a whole and the entire part is put to vote.
3. Kangaroo closure: jumpings of discussion and only important clauses are taken up for debate and voting. The intervening clauses are skipped over and taken as passed.
4. Guillotine closure: the undiscussed clauses of a bill or resolution output to vote along with the discussed ones due to shortage of time

Privilege motion:
It’s concerned with the breach of parliamentary privileges by a minister
It is moved by a member when they feel that a minister has committed a breach of privilege of the house or one or more of its members by with holding facts of a case or giving wrong or distorted facts
Its purpose is to censure the concerned minister

Calling Attention Motion:
Introduced in parliament by a member to call the attention of a minister
To a matter of urgent public importance
To seek an authoritative statement from him on that matter
It is also an Indian innovation in the parliamentary procedure
Exists since 1954
It is mention in the Rules Of Procedure

Adjournment motion:
It is introduced in lok sabha to draw attention of the house to a definite matter of urgent public importance
It needs support of 50 members to be admitted
It involves an element of censure against the government
Thanks rajya sabha is not permitted to make use of this device
The discussion on an adjournment motion should last for not less than 2 hours and 30 minutes
Candidates should raise a matter which is definite, factual, urgent or of public importance
It should not cover more than one matter
It should be restricted to a specific matter or recent occurrence and should not be framed in general terms
Should not raise the question on privilege
Should not revise discussion on a matter that has been discussed in the same session
It should not deal with any matter that is under adjudication of court
It should not raise any question that can be raised on a distinct motion

Censure Motion Vs No-Confidence Motion:
Censure motion States the reasons for its adoption in Lok sabha, no confidence motion does not
Censure motion can be moved against an individual minister or a group of minister or the entire council of ministers. No confidence motion can be moved against individual or entire council of ministers
Censure motion is moved for Censuring the council of ministers for specific policies and actions. No confidence motion is moved for ascertaining the confidence of lok sabha in council of ministers
If Censure motion is passed in lok sabha, The council of minister need not resigned from office but if the no confidence motion is passed in lok sabha the council of ministers must resign from office.

Motion of Thanks:
First session after each general election and First session of every fiscal year is addressed by president
In this address, the president outlines the policies and programs of the government in the preceding year and ensuring year
At the end of the discussion the motion is put to vote, this motion must be passed in the house or else it amounts to defeat of the government
The inaugural speech of president is an occasion available to the ministers of parliament to raise discussions and debates to examine and criticize the government and administration for its lapses and failures

No Day Yet Named Motion
It is a motion that has been admitted by the speaker but no date has been fixed for its discussion
The speaker, after considering the state of business in the house and in consultation with the leader of the house or on the recommendation of the business advisory committee, allots a day or days or part of a day for the discussion of such a motion

Point of order:
Means to point out something
A member can raise a point of order when the proceeding of the house does not follow the normal rules of procedure
A point of order shouldn’t relate to the interpretation or enforcement of the rules of the house
Such articles of the constitution that regulate the business of the house and should raise a question that is within the cognizance of the speaker
It is usually raised by an opposition member in order to control the government
It is an extraordinary device as it suspends the proceedings before the house

Half an hour discussion:
Discussion for 30 minutes which has been subjected to a lot of debate
The 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:
2 hour discussion should not exceed 2 hours
The members of parliament can raise such discussion on a matter of urgent public importance
There is neither a formal motion before the house nor voting
Exists since 1953

Special Mention:
A matter which is not appoint of order or can’t be raise during question hour, half an hour discussion, short duration discussion, under adjournment motion, calling attention notice, under any rule of the house can be raised under the special mention in rajya sabha
Its equivalent procedural device in lok sabha is known as Notice (mentioned under rule 377)

Resolution:
The members can move resolutions to draw the attention of the house or government to matters of general public interest
The discussion on a resolution is directly relevant to and within the scope of the resolution
Member who has moved a resolution or amendment to a resolution can’t withdraw the same except by leave of the house
3 types:
1. Private member’s resolution:
It is one that is moved by a private member (other than a minister)
It is discussed only on alternate Fridays and in afternoon sitting
Government resolution
It is one there is moved by a minister
It can be taken up any day from Monday to Thursday
2. Statutory Resolution:
Can be moved either by a private member or a minister
It’s called so because it is always tabled in pursuance of a provision in the constitution or an act of parliament
3. Government Resolution:
Resolution moved by the minister are government resolutions
Its aim is to include the resolution in the list of businesses

Question 18

Legislative procedure

Answer 18

Identical in both the houses of parliament

Bills introduced in the parliament:
Public or government bill: brought by minister. Reflecting the policies of the government. Has a greater chance to be approved. Its rejection by the house among to the no confidence in the government and may lead to resignation. Its introduction in the house require 7 days notice. Drafted by the concern department in consultation with the law department

Private bills: by private member, reflecting the stand of opposition party. Lesser chance to be passed. Its rejection by the house has no implication on the parliamentary confidence in the government. Its introduction in the house requires one month’s notice. Its drafting is the responsibility of the member concerned

Question 19

Ordinary bills, money bill and their difference

Answer 19

First reading:
Can be introduced in either houses of the Parliament
By minister or other members
The member who wants to introduce the bill has to ask for the permission of the house
The Mughal of the bill introduces its title and objective
No discussion on the bill takes place at the state
Later the bill is published in the gazette of India

Second reading:
Stage of general discussion. It may take the bail into consideration immediately or may refer the bill to a selected committee of the house or may refer the bill to a joint committee of the two houses and it may circulate the bill to elicit public opinion.
Committee stage: A committee will be formed to further intensify the bill
Consideration stage: each Clause is discussed and then voted upon separately

Third reading:
The debate is confined to the acceptance or rejection of the bill as a whole
No amendments are allowed
Thereafter the bill is authenticated by the presiding officer of the house and transmitted to the second house for consideration and approval

Once passed by the Lok Sabha the bill will be sent to Rajya Sabha

The bill in Rajya Sabha goes through the same three readings all over again

Then it may pass the bill at sent by the first house, it may pass the bill with amendments and return into the first house for reconsideration, it may reject the bill altogether, or it may not take any action and thus keep the bill pending for 6 months (keeping it in a deadlock situation).

If the deadlock situation occurs than there will be two joint sittings of the houses presided over by the speaker of Lok Sabha, the deputy speaker of Lok Sabha, and the deputy Chairman of Rajya Sabha (no Chairman of Rajya sabha since he’s the vice president of India)

If majority has approved the bill will be directed to the president

Money bill:
According to article 110, the constitution deals with the definition of money bill

Money bill will be introduced only in Lok Sabha and not Rajya Sabha

Bill will be introduced prime minister only on the recommendations of the president

Once bill is passed in Lok Sabha the bill will be sent to Rajya Sabha and the speaker will certify the bill as money bill

The bill in Rajya Sabha has low power in case of money bill, cannot reject or amend a money bill, can only make recommendations, must return the bill to Lok Sabha within 14 days with or without recommendations, Loksabha can either accept or reject all or any recommendations of the Rajya Sabha and then it will be sent to the president.

Difference between ordinary bill and money bill:
Ordinary bill can be introduced in either House. Money bill can only be introduced in Lok Sabha.

Ordinary bill can be introduced by a member or a private member. Money bill can only be introduced by a minister.

Ordinary bill is introduced without the recommendation of the president but money bill can only be introduced on the recommendation of president.

Ordinary bill can be amended or rejected by the Rajya Sabha but money bill can’t be amended or rejected by the Rajya Sabha. The bill with or without recommendations from Rajya Sabha may be accepted or rejected by the Lok Sabha.

Ordinary bill can be detained by Rajya Sabha for a maximum period of 6 months. Money bill can be detained by Rajya Sabha for a maximum period of 14 days

Ordinary bill does not required the certificate of speaker when transmitted to the Rajya Sabha (if it has originated from Lok Sabha). Money bill require certification of speaker when transmitted to Rajya Sabha.

Ordinary bill sent for president’s assent due to disagreement between the two houses, a joint sitting of both houses can be summoned by the President to resolve the deadlock. Money bill is sent for president’s assent even if it is approved only in Lok Sabha. There is no chance of any disagreement between the two houses and hence there is no provision of a joint sitting for both houses in this regard.

In the defeat of ordinary bill in Lok Sabha may lead to the resignation of the government (if it is introduced by a minister). The defeat of money bill in Lok Sabha is to the resignation of government

Ordinary bill can be rejected, approved or return for the reconsideration of president. Money bill can be rejected or approved but cannot be returned for reconsideration by the president.

Question 20

Financial bill

Answer 20

Money bill (article 110)

Financial bill I: Article 117 (1)
A bill that contains not only any or all the matters mentioned in article 110, but also other matters of general legislation

A financial bill (1) is similar to a money bill as both of them can be introduced only in Lok Sabha and not Rajya Sabha and both of them can be introduced only on the recommendation of the president

In all other respects the financial bill (1) is governed by the same legislative procedure applicable to an ordinary bill

Hence, it can either be rejected or amended by the Rajya Sabha, except that an amendment other than for the reduction or abolition of a tax cannot be moved in either House without the recommendation of the president

In case of a disagreement between the two houses over such a bill, the president can summon a joint sitting of 2 houses to resolve the deadlock

Those bills that deal with fiscal matters, like revenue or expenditure are called financial bills

Financial bill (2): Article 117 (3)
Financial bill (2) contains provisions involving expenditure from the consolidated fund of India but does not include any of the matters mentioned in article 110

It is treated as an ordinary bill in all respects and governed by the same legislative procedure applicable to an ordinary bill

The only special features of this bill is that it can’t be passed by either House of Parliament unless the president has recommended to the house the consideration of the bill

Hence Financial bill (2) can be introduced in either House of Parliament and the recommendation of president is not necessary for its introduction

In case of disagreement between the two houses over such a bill the president can summon a joint sitting of the two houses to resolve the deadlock

When the bill is presented to the president, he can either give his assent to the bill or withhold his assent to the bill or return the bill for the reconsideration of the houses

Question 21

Budget

Answer 21

The term budget has nowhere been used in the constitution

Annual financial statement is mention in article 112

Structure of government budget:
Budget receipts (revenue and capital receipts)
Budget expenditure
Revenue expenditure (capital expenditure)

Acworth committee: 1921. Bifurcated railway and general budget. Continued even after independence.

But in 2016, the government merged railway budget in general budget because only railway money is used in railway budget, due to which railways are in a big loss. So if it gets merged then the extra finances can be provided to the railways as well.

Question 22

Constitutional provisions

Answer 22

President shall, in respect of every financial year, before both the houses of Parliament, lay down a statement of estimated receipts and expenditure of the Government of India for that year

No demand for a grand shall be made except on the recommendation of the president

No money shall be withdrawn from the consolidated fund of India except under the appropriation made by law

No money bill imposing tax shall be introduced in the parliament except the recommendation of the president and such a bill shall not be introduced in the Rajya Sabha (money bill)

No tax shall be levied or collected accept my authority of law and the Parliament can reduce or abolish a tax but not increase it

Rajya Sabha has no power to vote on the demand for grant and it is exclusive to Lok Sabha

Estimates of expenditure embodied in the budget shall show separately. Expenditure charged on the consolidated fund of India and expenditure made from the consolidated fund of India.

The budget shall distinguish between expenditure on revenue account from other expenditure

Expenditure charged on the consolidated fund of India shall not be submitted to the vote of parliament, however it can be discussed by the parliament

Charge expenditure is non votable, only discussed, salary and allowances of chairman, deputy Chairman, speaker and deputy speaker, salary and allowances with pension to Supreme Court judges, CAG, UPSC chairman and members, only pension of High court judges

Made expenditure: votable and discussed

Question 23

Stages of budget

Answer 23

1. Presentation of budget:
   Finance minister present general budget with budget speech at the end of the speech at lok sabha
   Budget is laid before the rajya sabha
   Rajya sabha can only discuss it but it has no power to vote on the demands for grants

2.General discussion:
This begins a few days after its presentation
It takes place in both the House of parliament and last usually for 3 to 4 days
During this stage, the lok sabha can discuss the budget as a whole or on any question of principle involved therein but no cut motion.
The lok sabha can discuss the budget as a whole or on any question of principle involved therein but no cut motion be moved or can the budget be submitted to the vote of the house
The finance minister has annual right of reply at the end of the discussion

3. Voting on demands for grants
   They can move cut motions
   Types of cut motion:
   Policy cut motion:
   It represents disapproval of the policy underlying the demand
   It states that the amount of the demand be reduced to ₹1
   The members can also advocate an alternative policy
   For example, FM proposed PM Har Yuva Yojana (10,000 crore) but opposition argued that such policy won’t work. This passed policy cut motion. Hence, amount of such policy will be brought to ₹1.
   Economy cut motion:
   It represents the economy that can affect the proposed expenditure.
   It states that the amount of the demand be reduced by a specified amount
   For example, FM proposed Atal Khao Piyo Yojana (10,000 crore) but opposition argued that such huge amount can’t be given, so FM brought it to 4,000 crore.
   Token cut motion:
   It ventilates a specific grievance that’s within the sphere of responsibility of the GOI
   It states that the amount of the demand be reduced by ₹100
   For example, FM proposed Sardar Internet Lelo Yojana (1,000 only), if opposition applies policy cut, there will be havoc in the parliament. If economy cut motion, same will happen. So to maintain the respect of opposition, FM reduced it to ₹100.
   Conditions over cut motions
   It should be related to one demand only
   It should be clearly expressed and should not contain arguments or defamatory statements
   It should be confined to one specific matter which should be stated in precise terms
   It should not make suggestions for the amendment or repeal of existing law
   It should not refer to a matter that is not primary the concern of the union government
   It should not relate to the expenditure charged on the CFI
   It should not relate to matter that is under adjudication by court
   It should not raise the question of privilege
   It should not revive discussion on a matter on which a decision has been taken in the same session
   It should not relate to trivial matter
4. Passing of appropriation bill
   The constitution States no money shall be withdrawn from the CFI except under appropriation made by law
   Appropriation bill becomes the appropriation act after it is assented to by the president
   The Modi government started presenting budget on 1st February
   This is because it takes time to pass appropriation bill, so money was not provided in time
   The constitution has authorised lok sabha to make any grant in advance for a part of the financial year. Pending the completion of the voting of the demands for grants and the enactment of appropriation bill. This provision = vote on account
5. Passing of finance bill
   The financial bill is introduced to give effect to the financial proposals of Government of India for the following year. The finance act legalises the income side of the budget and completes the process of the enactment of the budget.
6. Scrutiny by departmental committees: after the general discussion on the budget is over the houses are adjourned for about 3 to 4 weeks.
   During this gap, the 24 departmental standing committees of parliament examine and discuss in detail the demands for grants of the concerned ministers and prepare reports on them. These reports are submitted to both houses of the parliament for consideration

Question 24

Grants

Answer 24

Supplementary grant: When insufficient

Additional grant: additional expenditure upon some new service not completed in the budget for that year

Vote of credit: It is granted for meeting an unexpected demand upon the resources of India like a blank cheque

Exceptional grant: Special purpose and forms no part of the current service of any financial year or the current service of any financial yea

Token grant: It is granted when funds to meet the proposed expenditure on a new service can be made available by re-appropriation

Excess grant: If the money has been spent on any service in excess of what has been allotted.

Question 25

Funds

Answer 25

Consolidated Fund of India, Article 266, Sarkari Tijori, Direct and Indirect Taxes, brought to CFI. It is a fund to which all receipts are credited and all payments are debited. CFI includes all revenues received by the Government of India, all loans raised by the Government by the issue of Treasury Bill loans or ways and means of advances, all money received by the Government in repayment of loans from the CFI, all legally authorized payments on behalf of Government of India are made out of this fund, no money out of this fund can be appropriated or issued or drawn except in accordance with parliamentary law with, for example, incoming revenue loans raised, loans received, whatever else Parliament may say needs parliamentary permission, surcharge, swachh bharat saif, saansh le lo saif, pani pilo saif.

Public Account of India, Article 266, Logo ki Tijori, Provident Fund, Remittance, all other public money received by or on behalf of the Government of India shall be credited to the Public Account of India, are then credited by CFI, includes Provident Fund deposits, Judicial Deposits, Saving Bank Deposits, Departmental Deposits, Remittances, etc. This account is operated by the Executive Action, hence payment from this account can be made without parliamentary appropriation, but if separate funds for specific expenditure then need permission.

Contingency Fund of India, Article 267, President ki Tijori, managed by Finance Secretary, authorized by the Constitution to establish CTFI, here amounts determined by law are paid from time to time. Parliament enacted CTFI Act in 1950, this fund is placed at the disposal of the President, he can make unforeseen expenditure pending its authorization by the Parliament. This fund held by Finance Secretary on behalf of President, likewise Public Account of India is also operated by Executive Action, Parliament approval subsequently obtained after expenditure.

Question 26

Powers of parliament

Answer 26

Position of Rajya Sabha = Lok Sabha. If Introduction and Passage of Ordinary Bills, Introduction and Passage of Constitutional Bills, Introduction and Passage of Financial Bills involving Election and Impeachment of the President, Approval of Proclamation of All Suites of Emergencies by the President, Enlargement of the Jurisdiction of the Supreme Court and the UPSC.

Rajya Sabha ≠ Lok Sabha. If Money Bill’s Introduction is only suggested but can’t be rejected (Finance Bill 1). Joint Sitting by Speaker, Can Only Discuss Budgeting, Cannot Vote, Rajya Sabha Cannot Vote, Council of Ministers by Passing a No Confidence Motion. Rajya Sabha has special powers. It can authorize the Parliament to make a law on a subject enumerated in this checklist. It can authorize the Parliament to create new All India Services, common to both State and Centre under the Article 312.

Sovereignty of the Parliament is not absolute. The Written Nature of the Constitution, Federal System of Government, System of Judicial Review and Fundamental Rights all decide it.

Question 27

Parliamentary privileges

Answer 27

Parliamentary privileges are special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, and their members, including the According General of India and the Union Minister. The President does not enjoy parliamentary privileges even though he is an integral part of the Parliament.

Types of parliamentary privileges are

1. Selective privileges: These can exclude strangers from its proceedings and hold secret meetings to discuss some important matters. It can make rules to regulate its own procedure and conduct of its business and to adjudicate upon such matters. It can punish members as well as outsiders for the breach of its privileges or its contempt by reprimand, admonition, imprisonment. Also it can suspend or expel members. It has the right to receive immediate information of the arrest, detention, conviction, imprisonment, release of members.
2. Individual privileges: They cannot be arrested during the session of Parliament, 40 days before the beginning and 40 days after the end of the session. This privilege is available only in civil cases, not in criminal cases, preventive detention cases. They have freedom of speech in Parliament, who matters is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its committees. This freedom is subjected to the provisions of the Constitution as the rules and standing orders regulating the procedure of the Parliament. They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court where Parliament is in session.

Source of parliamentary privileges are constitutional provisions, various laws made by Parliament, rules of both the House, parliamentary conventions and judicial interpretation.

Question 28

Parliamentary committees

Answer 28

The Constitution of India makes mention of these committees at different places but without making any specific provisions regarding their composition, tenure, and functions.

Conditions to form parliamentary committees is that they are appointed or elected by houses or nominated by speaker or chairman, work under the direction of speaker or chairman, present their report to the house or to the speaker or chairman, has a cemetery provided by Lok Sabha, Rajya Sabha. Consultative committees also consist of members of Parliament who are not parliamentary committees as they do not fulfill above four conditions.

Types of committees:

1. Ad-hoc: They are temporary.
2. Standing: They are permanent, and they are divided into: a) financial committees which include public accounts committee, estimate committee, committee on public undertakings, b) department related standing committee, c) committees to inquire, d) committees to scrutinize and control, e) committees relating to the day-to-day business of house, f) housekeeping committees.

All these matters are dealt by the rules of two houses.

Question 29

Parliamentary forums

Answer 29

Functions of Parliamentary forums are catered for wider consultation. First parliamentary forum was Water Conjugation Management in 2005. Seven more parliamentary forums constituted: Youth 2005, Children 2006, Population and Public Health 2006, Global Warming and Climate Change 2008, Disaster Management 2011, Artisans and Craftspeople 2013, Millennium Development Goals 2013.

Its objectives are:

1) To provide platform to members to have interactions with the ministers, concerned experts and key officials from the nodal ministries with a view to have a focus and meaningful discussion of critical issues with a result-oriented approach for speeding up implementation process.
2) To sensitize members about the key areas of concerns and also about the ground-level situation and equip them with the latest information and knowledge.
3) To prepare a database through collection of data on critical issues from ministries concerned, reliable NGOs, newspapers, United Nations, Internet, etc.
4) Will not interfere with or enroach upon the jurisdiction of the departmentally-related standing committees of the ministry, departments concerned.

Composition:
1. Speaker of Lok Sabha = Ex-Officio president of All Forums, except Population and Public Health
2. Chairman of Rajya Sabha = Ex-Officio Chairman, President of Population and Public Health, Speaker of Lok Sabha Ex-Officio, Co-President
3. Member of Each Forum, not more than 31 members, excluding President, Co-President, Vice-President, out of whom not more than 21 from Lok Sabha and 10 from Rajya Sabha. Members are nominated by Speaker, Member may also resign from forum by writing to Speaker or Chairman.

Question 30

Parliamentary groups

Answer 30

Indian Parliamentary Group is an autonomous body. Its members consist of MPs of Lok Sabha and Rajya Sabha. The membership is open to all current or former members of the Indian Parliament following a motion founded in 1949, adopted by the Constituent Assembly on 16 August 1948. It is a link between the Indian Parliament and its foreign counterparts and National Group of Inter-Parliamentary Union, main branch of Commonwealth Parliamentary Association. Indian Parliamentary Group awards parliamentary groups for Outstanding Parliamentarian Award.

Inter-Parliamentary Union, International Organization of Parliaments of Sovereign States. At present, IPU consists of 153 parliaments of sovereign nations. Its aim is to work for peace and cooperation among people for the firm establishment of representative institutions. It was founded in 1889. Its headquarters is in Geneva, Switzerland. It was founded by Frederick Passy and William Randall Cramer. It fosters contacts and coordination and exchange of experience among parliaments and parliamentarians of all member countries. It contributes to better knowledge of working of representative institutions. It also expresses its views on all burning questions of international importance for necessary effective implementation of parliamentary actions and suggests avenues for improving the working standard and capacity of international institutions.

Commonwealth Parliamentary Association is an association of 1,700 Commonwealth Parliamentarians, spread over 175 Parliaments at national, state, provincial and territorial levels. Its aim is to promote knowledge and understanding of constitutional, legislative, economic, social, cultural systems within parliamentary democratic framework. Its mission is to promote advancement of parliamentary democracy by enhancing knowledge and understanding of democratic governance. By building an informed parliamentary community, able to defend the Commonwealth’s democratic commitment and to further cooperation among its Parliaments and legislatures. Its composition is membership from all members of Parliament. Former members of Parliament can also become associate members of the group. Associate members are at limited rights only. Not entitled to Parliament representative at meetings and conferences of Indian Parliamentary Union and Commonwealth Parliamentary Association. Speaker of Lok Sabha is an ex-officio president. Deputy Speaker and Deputy Chairman are ex-officio vice presidents and Secretary General of Lok Sabha acts as an ex-officio Secretary General. The aims and objectives of parliamentary groups are to promote personal contacts between members of Parliaments of India, to study questions of public importance that are likely to come up before the Parliament, arrange seminars, discussions, orientation courses, to arrange lectures on political defense, economic, social, educational problems. By members of Parliament, distinguished persons arrange visits to foreign countries with a view to adopt, develop contacts with members of other Parliaments, functions performed by groups, groups act as a link between the Parliament of India and various Parliaments of the world, link is maintained via exchange of delegations, goodwill, mission, correspondence, documents with foreign Parliaments, groups function as national groups of Indian Parliamentary Union. Main branch of Commonwealth Parliamentary Association in India. Government of foreign countries and talks by eminent persons are arranged, seminars and symposia on parliamentary subjects of topical interest are organized periodically at national as well as international level. Only those members of Parliament who are members of group of at least 6 months, standing at the time of composition of delegation, may include in the Indian Parliamentary Delegation of foreign countries. As per decisions of group, an award of Outstanding Parliamentarian was instituted in the year 1995 to be given annually. A committee of 5 persons was constituted by the speaker of the group. It invites and finalizes the nomination for the award, encourages bilateral relations, group constitutes parliamentary friendship groups with other countries in Parliament, aim and objective of friendship group to maintain contact between two countries for political, social and cultural contacts, assistance in exchange of information and experiences on issues relating to parliamentary activities.

Question 31

Speaker of Lok Sabha

Answer 31

Speaker is elected by Lok Sabha from amongst its members, not by the PM of India or the President of India. If the office of Speaker falls vacant, then it elects new members. Absence and vacancy are different. Absence may be because of bad health. Vacancy is because of death or resignation. Date of election of Speaker is fixed by the President, as the President is an integral part of the Parliament.

The term of the Speaker remains in office during the life of Lok Sabha. They have to vacate their seat earlier in case they cease to be a member of Lok Sabha. Resign by writing to Deputy Speaker. Remove by Resolution. Removal 14 days advance notice have to be given. When the Resolution is under consideration, they can’t preside at the seating. Though they may be present, can speak and take part in the proceedings and can vote in first instance, not in case of equality. If the Resolution is passed by effective majority in Lok Sabha, Speaker is removed. When the Lok Sabha is dissolved, Speaker does not vacate their seat until new Lok Sabha meets.

The role of the Speaker is Head of Lok Sabha, Guardian of Power and Privileges of Members, House as a whole and its committees. He is a principal spokesman of the House. His decision in all parliamentary matters is final. They enjoy great honour, high dignity, supreme authority within the House.

Powers and duties: Derives his powers and duties from two sources, Constitution of India, Rules of Procedure, Conduct of Business of Lok Sabha and Parliamentary Conventions. They have to maintain order and decorum in the House for conducting its business and regulating its proceedings. This is his primary responsibility and he has final power in this regard. They are the final interpreter in the provisions of Constitution of India, Rules of Procedure and Conduct of Business of Lok Sabha. Parliamentary proceedings within the House. They adjourn the House or suspend the meeting in absence of decorum. The decorum to constitute a meeting of House is one-tenth of the strength of the House. They don’t vote in first instance but can exercise a casting vote in case of a tie. They preside over a joint majority of two Houses of the Parliament. Such a sitting is summoned by the President to settle a deadlock between two Houses on a bill. They can allow a secret sitting of a House at the request of the Leader of the House. When the House sits in secret, no stranger can be present in the Chamber, Lobby, Galleries except with permission of Speaker. They decide whether a bill is a money bill or not and his decision on this question is final. When a money bill is transmitted to Rajya Sabha for recommendation and presented to the President for assent, the Speaker endorses on the bill his certificate that it is a money bill. They decide the questions of disqualification of a member of Lok Sabha arising on the ground of defection under the provisions of 10th Schedule. In 1992, Supreme Court rules that the decision of the Speaker in the regard is subject to judicial review. They may act as an ex-officio Chairman of the Indian Parliamentary Group, which acts as a link between the Parliament of India and the various Parliaments of the world. They also act as the ex-officio Chairman of the Conference of Residing Officers of Legitimate Bodies in Country. They themselves are the Chairman of the Business Advisory Committee, Rules Committee, General Purpose Committee.

Independence and Impartiality:

The Speaker is provided with a security of tenure. His salaries and allowances are seized by the Parliament. They are charged on the Consolidated Fund of India. They are not subjected to the annual vote of Parliament. His powers of regulating procedure or conducting business or maintaining order in the House are not subject to the jurisdiction of any court. He cannot vote for votes in first instance. He is given a very high position in Order of precedence. He is placed 6th rank along with CJI.

In Britain, the Speaker is strictly a non-party man. There is a convention that the Speaker has to resign from his party and remain politically neutral. This healthy convention is not established in India, where the Speaker does not resign from the membership of his party on the election to the exalted office.

Question 32

Deputy speaker of Lok Sabha

Answer 32

Election

The Deputy Speaker is elected by Lok Sabha from amongst its members after Speaker. If Office of Deputy Speaker falls vacant, new member is elected. Date of election of Deputy Speaker is fixed by Speaker.

Term

Deputy Speaker remains in office during the life of Lok Sabha. They have to vacate their seat earlier in following cases. They cease to be a member of Lok Sabha resigned by writing to the Speaker removed by resolution. Removal is 14 days advance notice have to be given when the resolution is under consideration. They cannot preside at the seating though they may be present. They can speak and take part in proceedings and can vote in first instance not in case of equally. If resolution is passed by effective majority in Lok Sabha, Deputy Speaker is removed.

Role and Power

The Deputy Speaker performs the duties of Speaker’s office when it is vacant. He also acts as a Speaker when the latter is absent. In both cases, he assumes all the powers of the Speaker. He also presides over the joint seating of both the Houses of Parliament. In case of Speaker being absent from each setting. The Deputy Speaker is not subordinate to the Speaker. He is directly responsible to the House. Whenever he is appointed as a member of Parliamentary Committee, he automatically becomes a Chairman.

Power

When Speaker presides over the House, Deputy Speaker is like any other ordinary member of the House. Deputy Speaker is entitled to a regular salary and allowance fixed by the Parliament. He is charged on the Consolidated Fund of India.

Up to the 10th Lok Sabha session, both the Speaker and Deputy Speaker were usually from the ruling party. After the 11th Lok Sabha session, there has been a consensus that the Speaker comes from the ruling party or from the ruling alliance. It is not written in the Constitution. That the Speaker and the Deputy Speaker should be from the ruling and opposition respectively. And the post of Deputy Speaker goes to the main opposition party. The Speaker and Deputy Speaker, while assuming their office, don’t make and subscribe any separate oath or affirmation. So there is no separate oath or affirmation for the Speaker or Deputy Speaker. In 1921, the Speaker and Deputy Speaker came under provision of 1919 Act. During this time, the Speaker was the President and the Deputy Speaker was the Deputy President. Before 1921, Governor General used to preside the Parliament. The first Speaker was Frederick Whyte. First Deputy Speaker was Sachidanand Sinha by the Governor General of India. 1925, Vithal Bhai J. Patel became the first Indian and first elected Speaker. Then in 1947, the Speaker and Deputy Speaker came into being in Lok Sabha. First Independent Indian Speaker was G. V. Mavalankar. First Independent India Deputy Speaker was Anantha Sayanam Ayyangar.

Question 33

Presiding officers

Answer 33

Panel of chairpersons under Lok Sabha:
Under the rules of Lok Sabha the speaker nominate from among the members a panel of not more than 10 chairpersons
Any of them can preside over the house in absence of speaker or deputy speaker
He has same powers of speaker when so presiding
When a member of panel of chairperson is also not present any other person as determined by house can act as the speaker
This happens only when the speaker or deputy speaker is absent and not when the seat is vacant

If the position of speaker and deputy speaker is vacant, then the president will appoint a new speaker for the panel of chair persons

Speaker pro-tem:
The speaker of the last Loksabha vacates his office immediately before the first meeting of the newly elected Lok Sabha

Therefore the president appoints a member of Lok Sabha as the speaker Pro tem

It is usually the senior most member

He presides over the first sitting of the newly elected Lok Sabha

His main duty is to administer oath to the new members and also enable the house to elect the new speaker

Question 34

Chairman of Rajya Sabha

Answer 34

The vice President of India is the ex officio chairman of Rajya Sabha

When the vice president acts as a president, he does not perform the duties of the office of chairman of Rajya Sabha

The chairman of Rajya Sabha can be removed from his office only if he is removed from the office of the vice president

The powers and functions of the chairman of Rajya Sabha are similar to that of the speaker in Lok Sabha

The speaker whether a bill is a money bill or not and his decision on this question is final (the money bill is not decided by the chairman)

The speaker presides over a joint sitting of two houses of parliament (the chairman of Rajya Sabha does not do this)

The speaker is a member of house but the chairman is not a member of the house, however just like the speaker the chairman also cannot vote in the first instance

The vice president cannot preside over a sitting of Rajya Sabha as its chairman when resolution for his removal is under consideration

However he can be present and speak and house and can take part in its proceedings without voting.

But even under such circumstance, the e speaker can vote in the first instance when resolution for his removal is under consideration of Lok Sabha

The salary and allowances of the chairman are fixed by the Parliament and they are charged on the consolidated fund of India (this, not subjected to annual vote of parliament). When he acts as the President he gais a salary of president and not that of the chairman of Rajya Sabha