HISTORY

UNION PARLIAMENT

A1. A Federal Setup involves a dual government i.e the national government
and the governments of the component states. Our constitution has the
following federal features: i) There is a distribution of legislative, executive
and financial powers between the union and the states, ii) Supremacy of
the constitution , and iii) Supreme Court is the final interpreter and
Guardian of the constitution.

A2. Two sets of authority under federal set up in India are-a) the
government of the whole country called the union government, and b)
governments of the component units.

A3. The three constituents of the Indian Parliament are the Lok Sabha, the
Rajya Sabha and the Legislative assembly.

A4. The two houses of the Indian Parliament are Lok Sabha and Rajya
Sabha.

A5. The maximum strength of the Lok Sabha provided by the constitution is
552. Out of this, upto 530 members can represent the States and not more
than 20 members shal represent the Union Territories.

A6. Two members may be nominated by the President. Two members of

the Anglo-Indian community represent.

A7. Members of the Lok Sabha are elected by direct election on the basis of
universal adult franchise. Thus every person who has attained the age of 18
years is entitled to vote provided he is not otherwise disqualified.

A8. Seats have been reserved in the Lok Sabha for a) the Scheduled Castes
and b) the Scheduled Tribes. In a reserved constituency persons belonging
only to these castes and Tribes can contest an election, but all electors are
allowed to vote.

A9. In order to be chosen a member of the Lok Sabha a person should have
the following qualifications-

i) Must be a citizen of India

ii) Must be not less than twenty-five years of age

iii) Must possess such other qualifications as may be prescribed under any
law made by Parliament.

iv) Must be registered as a voter in any of the Parliamentary constituencies.

A10. Every member of the Parliament shal, before taking his seat, take an
oath before the Present or some person appointed by him.

A11. The normal duration of the Lok Sabha is five years.

A12. The Session means a period during which the House meets to conduct
its business. The sessions of each House of Parliament are summond by the
President. This is subject to the condition that six months shall not
intervene between the two sessions. In other words, Parliament should
hold at least two sessions in a year. Normally three sessions are held in a
year: i) Budjet session, ii) Mosoon session and iii) Winter session.

A13. as above.

A14. A quorum is the minimum number of members required to be present

before a meeting is allowed to begin.

The quorum to constitute a meeting of the House is one-tenth of the

total number of members. This includes the Speaker or the person who
presides over the meeting. Thus atleast 55 members should be present at
the beginning of the sitting each day.

A15. In Lok Sabha a party gets recognition as a Parliamentary Party if it has

one-tenth of the total membership of the House. The leaders of the largest
among the opposition parties are recognised as Leaders of Opposition of
Lok Sabha.

A16. An Act of Parliament bestowed on the Leaders of Opposition the same

status as is enjoyed by a Union Cabinet Minister.

A17. The Speaker is the Principal Presiding Officer of the Lok Sabha.

A18. The Speaker is elected by the House from among its members by a
simple majority of members present and voting.

19. Functions of the Speaker are as -

i) The Speaker preserves order in the House. He/She may name a member
for suspension, if he disregards the authority of the chair. In case of grave
disorder, the Speaker may adjurn the House.

ii) If a word or words used in the debate are indecent or unparliamentary,

the Speaker may expunge such words from the proceedings of the House.

A20. The Rajya Sabha consists of not more than 250 members.

A21. The President nominate twelve members to the Rajya Sabha.

The persons having special knowledge or practical experience in

matters such as literature, science, art and social service should be
nominated.

A22. Members of the Rajya Sabha are elected by the elected members of
the Legislative Assembly of each State. This is done in accordance with the
system of proportional representation by means of single transferable vote.
The representatives of the Union Territories shall be chosen as such manner
as Parliament may prescribe. Three representatives from Delhi are elected
by the members of the Legislative Assembly.

A23. In order to be chosen a member of the Rajya Sabha , a person -

i) Must be a citizen of India.

ii) Must be not less then 30 yrs of age.

iii) Must possess such additional qualifications as maybe prescribed by law

from time to time.

A24. Unlike the Lok Sabha, which can dissolved by the President before its
term expires, Rajya Sabha is a permanent body and is not subject to
dissolution.

A25. The term of office of members of Rajya Sabha is 6 yrs.

A26. The Vice President of India is ex-officio chairman of the Rajya Sabha.

The Deputy chairman presides at the sittings of the house

in thr absence of the chairman.

A27. A money bill cannot be introduced in the Rajya Sabha.

A 28. One exclusive power assigned to the Rajya Sabha is as -

Making of law on a matter in the State list in the National Interest: The
Rajya Sabha has the power to declare that it would be in the national
interest for the Parliament to enact a law on a matter in the State list. If
Rajya Sabha passes such a resolution by a two-thirds majority, the
Parliament can make laws for the whole or any part of the country on any
matter given in the State list.

A 29. One exclusive power assigned to the Lok Sabha by the Constitution is
as -

Amoney bill can be introduced only in the Lok Sabha.

A 30. The three lists which distribute the subjects of legislation between the
Union and the States are -

i) The Union list. ii) The State list. iii) The Concurrent list.

A31. Both the Parliament and the State Legislatures have the right to make
laws on subjects mentioned in the Concurrent list.
 In the case of conflict between a central and State law, the law made by
Parliament shall prevail.

A32. 'Residuary powers' means that it can make laws with respect to all
those matters which are not mentioned in any of the three lists - the Union
list, the State list and the Concurrent list.

The Parliament possesses residuary powers.

A33. The two circumstances are-

a) When the Rajya Sabha passes a resolution by a two-thirds majority that a

subject in the State list has assumed national importance.

b) When two or more States desire that the Parliament should legislate on a
subject given in the State list.

A34. Control over the National Treasury gives proof of the Lok Sabha's
superiority. A money bill can only be introduced in the Lok Sabha. It is then
transmitted to the Rajya Sabha for its recommendation. The Rajya Sabha
must return the bill to the Lok Sabha within a period of 14 days with its
recommendations. The Lok Sabha is free to accept or reject the
recommendations made by Rajya Sabha in money matters.

A35. All revenues received by the Government, all moneys raised by loan
and all moneys received in repayment of loans shall form one consolidated
fund and will be called '' consolidated fund of India''. No moneys can be
issued out of this fund except in accordance with a law made by Parliament.
However, certain expenditure charged upon the consolidated fund of India
does not require the annual approval of Parliament.

The expenditure charged on the consolidated fund of India includes the

salaries and allowances of the President, the Speaker, the Deputy Speaker,
the Chairman, the Deputy Chairman, Judges of the Supreme Court and High
Courts etc.

A36. Expenditure charged on the Consolidated fund of India is not put to

vote in the Parliament.

A37. The control over the executive are as -

i) Interpellation - The first hour of a sitting in both Houses is alloted for

asking and answering of questions. The purpose of the question is to obtain
information on a matter of public importance. The Question Hour keeps the
ministers on their toes. It is a valuable protection against injustice and
slackness on the part of the government.

ii) Adjournment Motion - Motion for adjournment furnishes the

opportunity to censure the acts of omission and commission of ministers
and administrators. An adjournment motion pinpoints the failure of the
government in the performances of its duties.

A38. Two electoral functions are -

i) Elected members of both Houses of Parliament and members of

Legislative Assemblies elect the President of India.

ii) The Speaker is elected by the Lok Sabha from among its members by a
simple majority of members present and voting.

A39. Judicial functions of the members of the union Parliament -

i) The President can be removed from his office by Impeachment. A

resolution accusing the President must be passed by a majority of not less
than two-thirds of the total membership of the House.

ii) A judge of the Supreme Court or of the High Court cannot be removed by
the President, except on a Joint Address by both Houses.

A40. Two important privileges of the members of the Parliament are -

i) Freedom of Speech - The Constitution lays down that there shall be

freedom of speech in the Parliament. No member shall be liable to
proceedings in any court for anything said or any vote given by him in
Parliament.
ii) Freedom from arrest - The Mps enjoy freedom from arrest during the
continuance of the session of the House and during a period of 40 days
before and after such session. This immunity is confined to arrest only in
civil cases.

A41. The President addresses a joint sitting of the two Houses -

a) at the commencement of the first session after each General Election.

b) at the commencement of first session of each year, i.e, the Budget

Session.

A42.a) Starred Questions - These questions are those to which a member

wishes to have an oral answer on the floor of the House. Such questions are
distinguished by an asterisk. Suplementary questions may be asked after
replies to such questions are given by the ministers.

b) Unstarred Questions - Unstarred Questions do not carry an asterisk mark.

Answers to them are given in a written form. No supplementary questions
can be asked thereon.

c) Same as 37 (ii).

d) A casting vote is the vote that the Speaker or Chairman gives when equal
number of votes have been given for and against a Bill or a resolution. This
vote decides whether or not the Bill or resolution will be passed.

A43. When a no confidence motion is passed by the Lok Sabha, it implies

loss of confidence in the government and the Prime Minister is obliged to
submit his resignation.

A44. Distinguish between Censor Motion and No confidence Motion:

Censor Motion No confidence Motion

i) It can be moved in Lok Sabha against i) It is moved against the entire

an individual minister or a group of council of ministers.

ministers.

ii) Member should state the reasons ii) It need not record the grounds

why he is moving the censor motion. on which it is based.

A45. Defection means '' giving up the membership of that party to which a
person belonged or on whose ticket he or she contested an election and
joining another party or group''. Voting in the House against directions of
the party also amounts to defection.

A46. A Bill is the draft of a '' Legislative Proposal'', which, when passed by
both Houses of Parliament and assented to by the President, becomes an
Act.

A47. A Money Bill can be delayed by the Rajya Sabha not more than
fourteen days.

A48. An Ordinary Bill can be delayed by the Rajya Sabha not more than six
months.

A49. The procedure is as -

i) A Joint Sitting is provided by the Constitution to reslve a deadlock

between the two Houses over passing of a Bill.

ii) The President may summon a Joint Sitting of the two Houses.

iii) Speaker of the Lock Sabha presides over the Joint Session of both
Houses and Deputy Speaker in his absence.

iv) The Bill is deemed to have passed by both the Houses if a majority of the
members agrees to it.

v) When the Bill has been passed, it is presented to the President for his
assent.

A50. The Speaker of the Lok Sabha presides over the Joint Sitting and
Deputy in his absence. If Deputy is also not present, Deputy Chairman of
Rajya Sabha presides. If he is also not present, any other person as may be
determined by the members present in the Joint Sitting, presides over the
Sitting. It is clear that Chairman of Rajya Sabha cannot presides over the
Joint Sitting as he is member of the both the Houses.

A51. The Lok Sabha may accept or reject all or any of the recommendations
of the Rajya Sabha. The President shall not withhold his assent from a
Money Bill passed by Parliament. These provisions clearly establish the
supremacy of the Lok Sabha in financial matters.

A1a) The maximum strength of Lok Sabha provided by the Constitution is

552.

The present strength of LokSabha is 545.

b)

c) The term of the House is five years.

d) Normally, three Parliamentary sessions are held in a year:

i) Budget Session ( February-May )

ii) Monsoon Session ( July-September )

iii) Winter Session ( November-December )

A2.a) The four powers of Speaker are as -

i) Speaker presides over meetings of the House. All speeches and remarks
are addressed to the chair.

ii) The Speaker decides the admissibility of questions and all

Resolutions.He/She is the final judge to decide on the admissibility of a
motion of Adjournment.

iii) All Bills passed by the House are authenticated by his/her signatures
before they are sent to the Rajya Sabha for its consideration or to the
President for his assent.
iv) If any question arises whether a Bill is a Money Bill or not, the decision
of the Speaker thereon shall be final.

b) The disciplinary functions of Speaker are as -

i) The Speaker preserves order in the House. He/She may name a member
for suspension, if he disregards the authority of the chair. In case og grave
disorder, the Speaker may adjourn the House.

ii) If a word or words used in the debate are indecent or unparliamentary,

the Speaker may expunge such words from the proceedings of the House.

c) Two administrative functions are as -

i) The Speaker communicates the decisions of the House to the concerned

authorities and requests them to comply with such decisions.

ii) The allows the admission of strangers and press correspondents to the
galleries of the House.

d) Under the Anti-Defection Act of 1985 if there is a question as to whether

a member of Lok Sabha stands disqualified, the question is referred to the
decision of the Speaker. His/Her decision is final in this regard. Under the
provisions of the Constitution Act 2003, the defectors will not only lose
membership of the House, they are also debarred from holding any public
office as that of a Minister till they are elected again.

3a) Representatives of States in the Rajya Sabha are elected by the elected
members of the Legislative Assembly of each State. This is done in
accordance with the system of proportional representation by means of the
Single Transferable Vote.

b) The disqualifications are as-

i) Holding an office of profit under the Government of India or of the States

except such offices as have been exempted by a law enacted in 2006.

ii) Being of unsound mind.

iii) Being an undischarged insolvent.

iv) Being an alien.

v) Being disqualified under any law of Parliament.

c) Term of Rajya Sabha is six years.

4a) Two Legislative powers are as -

i) Residuary power- Parliament possesses residuary powers. It means that it

can make laws with respect to all those matters which are not mentioned in
any of the three lists - the Union List, the State List and the Concurrent List.

ii) Ordinances - The President may promulgate an Ordinance at a time when

the Parliament is not in session. All Ordinances must be laid before both the
Houses for their approval. Ordinances cease to operate at the expiration of
six weeks from the re-assembly of Parliament unless they approved by the
Houses.

b) Two Judicial powers are as -

i) Ajudge of the Supreme Court or of the High Court cannot be removed by

the President, except on a Joint Address by both Houses.

ii) The Parliament may punish a person for obstructing the work of
Parliament or showing disrespect for the House.

c) Electoral functions are as -

i) The President of India is elected by the elected members of both Houses

of Parliament and Legislative Assemblies.

ii) The Vice-President is elected by members of both Houses of Parliament.

iii) The Speaker is elected by the Lok Sabha from among its members by a
simple majority of members present and voting.

d) Parliament is the supreme forum where people, through their

representatives, seek to ventilate their grievances or desires. The MPs keep
a watch over the behaviour of administration. The opposition exposes
weaknesses and failures of the Government. Moreover, there is a series of
demonstrations by peasants, workers, women, students and others for and
against something when the Lok Sabha is in session.

5a) Same as 34

b) The Union Council of Ministers is collectively responsible to the Lok

Sabha. The President invites the leader of the party or parties having the
support of more than half the members of the Lok Sabha to form the
Government. An important function of the Lok Sabha is to make and throw
out Governments. The ministers continue in office so long as they enjoy the
confidence of a majority of memebers in the Lok Sabha.

6a) The Rajya Sabha has the power to declare that it would be in the
national interest for the parliament to enact a law on a matter in the state
list. If Rajya Sabha passes such a resolution by its two-third's majority, the
parliament can make laws for the whole or any part of the country on any
matter given in the state list.

b) Rajya Sabha may by a two-third's majority pass a resolution that it is

necessary in the national interest to create one or more all india services.

7a) The parliament has exclusive powers to make laws with respect to
matters mentioned in thr union list. Both the parliament and the state
legislatures have the right to make laws on subjects mentioned in the
concurrent list. In the case of conflict between a central and state law, the
law made by parliament shall prevail.

b) Same as 4a) i)

c) Same as 4a) ii)