Parliamentary Procedures

Certain formalities which the legislators observe in the Parliament are called Parliamentary Procedures

1. Oath

The elected members have to take an Oath or affirm solemnly before taking part in the proceedings of the House, according to the form set up in the third schedule.

Oath requires the elected member: to bear true faith and allegiance to the Constitution of India as by law established, to uphold the sovereignty and integrity of India and faithfully discharge the duty upon which he/she is about to enter.

2. Quorum

• Is the minimum number of the members required to be present in the Houses before it can transact any business.

• 10% of the total membership of the Rajya Sabha and 10% of the total membership of the Lok Sabha.

3. Casting Vote

• If the votes for and against a proposition are equal, i.e. if there is a tie, the Speaker of the House has the power to cast his vote in order to decide an issue.

4. Question Hour

• First Hour of the every working day of the House is normally reserved for questions to be asked by the members.

• Purpose of the question: to seek information and to draw attention of the Government to grievances of public importance.

5. Resolution

• Is a motion through which the House expresses its majority opinion on a matter of public interest. Member must give 15 days notice before bringing up such a notice.

6. Motion

• A matter of urgent public interest is sought to be discussed in the House.

• Types 1. Motion of Thanks2. Substantive Motion3. Motion for impeachment4. Adjournment Motion

Powers of the Parliament

1. Legislative Powers2. Financial Powers3. Judicial Powers

1.Legislative Powers• Main business of the Parliament is: to deal

with matters relating to the Legislature or to the making of laws.

Subjects

Central Govt

State Govt

Concurrent List

47 subjects97 subjects

Legislative Powersa) As the law making body at the national level, the Parliament has

exclusive legislative jurisdiction over 97 subjects in the Union Listb) Both the Parliament and the State Legislatures have the right to

make law on subjects on Concurrent List.c) Parliament also can enact laws on 66 subjects on the State List if: • If Rajya Sabha passes resolution by a 2/3 rds majority-on a particular

subject on the State List has assumed national importance.• 2 or more States request the Centre to pass a law mutually agreed

upon regarding particular subjects on the State List- only on requests.

• a state of national emergency is proclaimed by the President.• the State laws come in conflict with the discharge of the international

commitments made by the Central Govt.• Breakdown of Constitutional machinery in the State and a state of

Emergencyd) Parliament can make laws of Residuary Subjects.e) The Parliament can amend the constitution – these amendments must

be ratified by a majority of the states.f) All ordinances issued by the President must be approved by the

Parliament within 6 weeks after its session begins.

g) Emergency proclamations made by the President must be approved by the Parliament within a month from the date of their proclamation.

Financial Powers

a) Annual Budget:• Parliament passes the Union Budget • Budget: statement containing estimates of income

and expenditures for the financial year- from 1st April to 31st March

• The Union Finance Minister, with the prior approval of the President, presents in the Parliament.

• Parliament has the power to approve or reject the budget.

Financial Powers

b) CFI: Central Fundi) The President, Judges of the Supreme

Court &other top officials.ii) Reason- to safeguard the dignity of top

ranking officials and keeps them free from undue Parliamentary influence.

Financial Powers

• C) Supplementary Demands: The Finance Minister may put up some supplementary demands during the course of the financial year. These demands are called the “Supplementary Budget”. The procedure followed in passing the budget is same.

Financial Powersd) Salary of the Members of the Parliament- Decides

the salaries and allowances of its members of its members and other dignitaries.

• Money bill originate only in Lok Sabha.• Passed in LS – sent to RS for its recommendation.• RS can send its recommendations within 14 days

after the receipt of a money bill to the LS – accept or reject.

Control over the Executive

• Control over the Government• Right of Interpellation• Adjournment Motions• Other Motions of Censure• Monetary Controls

1. Control over the Government

• Constitution- UCM is collectively responsible to the LS. • If LS passes a vote of no-confidence against the ruling

Govt, the Ministry will have to resign.• If LS rejects any of the Govt Bills or disapproves some

major official policy, it shall amount to the passing of no- confidence in the COM- consequence – Ministry will have to resign.

2. Right to Interpellation

• When the Parliament is in Session, one hour a day is reserved for asking questions from the Govt.

• This hour is known as QH.• The right of asking questions is called the ROI.• Questions relating to the policies of the Union Govt.• Through the right to interpellation, the Ministers may

be censured for the flaws in their policies and for lapses on their part.

• QH brings the inefficiency of the Govt to light.

3. Adjournment Motions

• The Parliament can exercise its control over the Govt through the AM which is tabled on serious matters such as:

1. A fatal railway accident2. Atrocities on the weaker sections of society 3. Police firing on a peaceful procession.• Purpose: to depict the inefficiency of the Govt in

handling a particular situation.

4. Other Motions of Censure

• Other motions which if passed, would amount to no- confidence:

1. Motion of censure against a minister or ministers,2. Rejection of a Govt Bill,3. Passing a private member’s bill against the

wishes of the Govt.

5. Monetary Controls

• Parliament can exercise a monetary control over the Govt by voting a cut in the budget or a cut in the salaries of the Ministers against opposition from the members of the Parliament of the political party in power.

• The Parliament also appoints the Public Accounts Committee to look into the Govt expenditures.

3. Judicial Powers

• The Parliament can impeachment the President for any violation of the Constitution.

• The charges against the President can be framed by either of the two Houses of the Parliament by a 2/3rd of its total membership.

• Parliament can remove the Judges of the Supreme Court, High Courts, the Election Commissioner and the Controller and Auditor General of India, if found guilty of violating any clause of the Constitution.

• The Motion can be moved if supported by 1/4th members of the either House and carried only if 2/3rd members of each House vote in favour of the motion.

• Resolution is presented to the President who issues orders of removal.

• The Parliament can condemn a person irrespective of his status, if he is found guilty of Defamation and Contempt of either House of Parliament.

Electoral Functions

• It along with the State Legislative Assemblies elects the President of India.

• Both the Houses of the Parliament elect the VP of India

• The LS elects its Speaker and Deputy Speaker from among its members.

• The RS elects its Deputy Speaker.• The Parliament also makes laws to regulate the

conduct of elections in the country.

Relationship between the two Houses of the Parliament

• Theoretically speaking both the Houses enjoy equal powers.

• Members of LS are directly elected by the people- LS represents people.

• Members of the RS are indirectly elected by the members of the SLA – RS represents- the Sabha of the Indian Union.

• LS has the upper hand in the Parliament.

Difference in the Legislative field.

• Legislative matters are either concerned with Ordinary Bills or Monetary Bills.

1. Ordinary Bills: • OB may originate in either House of the

Parliament.• Bill passed by both the Houses- becomes an Act

after having been assented to by the President. • Difference of opinion between the Houses- final

decision is taken in the Joint Session- presided over by the Speaker of the LS.

• LS enjoys a predominant position in a Joint Session as the membership of the LS is more than the RS.

2 .Money Bills• RS has practically ha no powers.• MB relating to taxation and expenditure must be initiated

in the LS.• Passed in the LS – referred to the RS for its approval.• RS- must return the Bill with or without recommendations

within 14 days from the date of its receipt. • If not returned within this period the Bill shall e deemed

to have been passed by both the Houses.• If returned within 14 days with recommendations LS has

the liberty to accept or reject the recommendations by RS.• MB- RS is mere Constitutional formality.

Legislative Procedure in the Parliament

• A bill has to pass through various stages before it becomes an Act.

1. Introduction2. Committee Stage 3. Second Reading 4. Third Reading 5. The Bill in the Second House 6. The President’s Assent

1. Introduction

• 1 month’s notice (in case of a Private bill) to the Speaker by a MP other than a Minister, regarding his intention to move a bill

• In case of Govt Bill- no need to give a month’s notice to the speaker.

• After submitting to the with its aims and objectives- date & time is fixed on the agenda of the House for its introduction.

• On the scheduled date and time mover of the bill begs leave of the House to introduce the bill.

• Initiator of the Bill speaks, a discussion follows.• The request for introduction of the bill is put to vote.• If House votes in its favour then the Bill is formally passed.• Introduction of the Bill is also known as FRB

2. Committee Stage

• After granting leave to introduce the Bill, the House may do one of the following.

1. It may immediately take up the Bill for consideration.

2. Refer it to a select Committee of the House .3. It may circulate the bill for eliciting public opinion.• Usual practice- refer the bill to a Select Committee.

3. Second Reading (Report Stage)

• Submission of the report of the committee – beginning of the third stage.

• House takes up the Bill for consideration after a debate on the Committee’s Report

• This is called the Second Reading.• Amendments if any are proposed n included if

passed by a majority vote.• Completion of Second Reading- Once every Clause

is voted upon.•

4. Third (Final) Reading

• TRB is a formality.• No changes at this change.• Members can speak for or against the Bill as a

whole.• With minor amendments if any the bill is put to

vote.• Either passed or rejected as a whole by a majority

vote of the house.• Receives the Sign of the Chairman of the House.

5. The Bill in the Second House

• Once passed it is referred to the Second House for consideration .

• In Second House it goes through all the sages of procedure as in the First House .

• When passed by both the Houses then it is considered to be passed by the Parliament.

• Any disagreement- joint session of both the Houses takes place.

• Decision is taken by the majority vote of the members present.

• Receives the Sign of the Chairman of the House.

6. The President’s Assent

• Having been passed in both the Houses – is referred to the President for his assent.

• Treatment by President .1. President may give his assent. It becomes an Act

and is placed on the Statue Book2. May reject it and send it back to Parliament for

consideration I passed again by both Houses with or without amendments will be sent to President for Second Time. President has to give his assent and thus it becomes an Act with his sign

3. Parliament is not bound to accept the suggestion made by the President.

Passing of Money Bills/Budget

• Having been passed in both the Houses – is referred to the President for his assent.

• Treatment by President .1. President may give his assent. It becomes an Act

and is placed on the Statue Book2. May reject it and send it back to Parliament for

consideration I passed again by both Houses with or without amendments will be sent to President for Second Time. President has to give his assent and thus it becomes an Act with his sign

3. Parliament is not bound to accept the suggestion made by the President.