The Central Legislative Assembly was a legislature for India created by the Government of India Act 1919 from

the former Imperial Legislative Council, implementing the Montagu-Chelmsford Reforms. It was also sometimes called the Indian Legislative Assembly and the Imperial Legislative Assembly. As a result of Indian independence, the Legislative Assembly was dissolved on 14 August 1947 and its place taken by the Constituent Assembly of Indiaand the Constituent Assembly of Pakistan.

1920-1935
The new Assembly was the lower house of a bicameral parliament, with a new Council of State as the upper house, reviewing legislation passed by the [1][2] Assembly. However, both its powers and its electorate were limited. Initially, of its 144 members, 103 were elected and 41 were nominated. Of the 103 elected members, fifty-one came from general constituencies, thirty [3] were elected by Muslims, two by Sikhs, nine by Europeans, seven by landlords, and four by business men A new "Council House" was conceived in 1919 as the seat of the future Legislative Assembly, the Council of State, and the Chamber of Princes. The foundation stone was laid on 12 February 1921 and the building was opened on 18 January 1927 by Lord Irwin, theViceroy and Governor-General. The [4][5] Council House later changed its name to Parliament House, or Sansad Bhavan, and is the present-day home of the Parliament of India. The first elections to the new legislatures took place in November 1920 and proved to be the first significant contest between the Moderates and the Non-cooperation movement, whose aim was for the elections to fail. The Non-cooperators were at least partly successful in this, as out of almost a million electors for the Assembly, only some 182,000 voted.[6] The Assembly, the Council of State, and the Chamber of Princes were officially opened in 1921 by King George V's uncle, the Duke of Connaught and Strathearn[7] In 1923, Motilal Nehru, the father of Jawaharlal Nehru, was elected to the Assembly and became leader of the Opposition. In that role, he was able to secure the defeat, or at least the delay, of Finance bills and other legislation. He agreed to join a Committee with the object of promoting the recruitment of Indian officers into the Indian Army, but this decision contributed to others going further and joining the Government itself. In March 1926, Nehru demanded a representative conference to draft a constitution conferring fullDominion status on India, to be enacted by the parliament. When this demand was rejected by the Assembly, Nehru and his colleagues walked out and returned to the Congress.[8] In September 1923, Muhammad Ali Jinnah was elected as Muslim member of the Assembly for Bombay. He organized many Indian Independent members to work with the Swaraj Party and helped to press demands for full responsible government. He was so active that when Lord Reading retired as Viceroy in 1925 he offered Jinnah a knighthood, which was declined.[9] On 8 April 1929, great Indian revolutionary Bhagat Singh and his fellow revolutionaryBatukeshwar Dutt threw a bomb into the corridors of the Assembly in order to show their discontent and frustration against the British government's decision to implement the Defence of India Act 1915, ignoring the widespread opposition. The fake bomb explosion was followed by a shower of leaflets citing their reasons and ideology behind the act and few gun shots in the air, shouting "Inquilab Zindabad!" ("Long Live the Revolution!"). Later they surrendered themselves and the weapon without any resistance as per plan instead of escaping. No one was injured in the explosions as the bombs did not contain any sharpnels or harmful chemicals and were specifically designed not to hurt anyone, moreover they were thrown at the empty benches which had no one sitting nearby them. On June 12, 1929 they were sentenced to Penal transportation for the bombing by british court where they did not hire a lawyer and defended the case themselves.[10] Bhagat Singhwas executed on march 23,1931 at the age of 23 between 7:15-7:30 PM along with his two fellow revolutionaries Sukhdev and Rajgurufor saunder's murder case. In 1934, the Congress ended its boycott of the existing legislatures and contested the elections to the fifth Central Legislative Assembly held that year.[11] Following this move, there was a sharp increase in the number of government defeats in the Assembly. In a British House of Commons debate on 4 April 1935, the Secretary of State for India, Samuel Hoare, stated that "The number of divisions in the Legislative Assembly since the recent elections and up to the 25th March in which Government have been successful is five. The number of adverse divisions in the same period is seventeen." Henry Page Croft then asked "Can the right hon. Gentleman say whether the Government would have been successful on any occasion without the support of the nominated members?" Hoare replied "I could not answer that question without looking into the figures, but in any case I see no reason to differentiate between one class of member and another."[12] Many resolutions put forward by the Congress in opposition to the Government of India were passed only with the support of the Muslims of Jinnah's Independents, and an unspoken alliance between the two groupings electrified the atmosphere of the Assembly on great occasions. Indeed, there were reports of jubilant scenes of mutual embracing on occasions when the combination of the two succeeded.[13] [edit]1937-1947 The Government of India Act 1935 introduced further reforms. The Assembly continued as the lower chamber of a central Indian parliament based in Delhi, with two chambers, both containing elected and appointed members. The Assembly increased in size to 250 seats for members elected by the constituencies of British India, plus a further 125 seats for the Indian Princely states. The first elections to the reformed Assembly were held in 1937, and the Indian National Congress won 205 seats, with the Muslim League winning 73. With the situation in Palestine worsening, Indian troops were sent there. In the Assembly, the Viceroy, Lord Linlithgow, disallowed all questions and resolutions which asked him to express the concern of Indian Muslims about the position of Arabs in Palestine.[14]

On 27 February 1942, during the Second World War, the Assembly held a secret session to discuss the war situation. [15] The electorate of the Assembly was never more than a very small fraction of the population of India. In the British House of Commons on 10 November 1942, the Labour MP Seymour Cocks asked the Secretary of State for India Leo Amery "What is the electorate for the present Central Legislative Assembly?" and received the written answer "The total electorate for the last General Election (1934) for the Central Legislative Assembly was [16] 1,415,892." Under the provisions of the Indian Independence Act 1947, the Central Legislative Assembly was replaced in August 1947 by theConstituent Assembly [17] of India, which became a fully sovereign body at midnight on 14/15 August, and by the Constituent Assembly of Pakistan. [edit]Presidents

of the Assembly

The presiding officer (or speaker) of the Assembly was called the President. While the Government of India Act 1919 provided for the President to be elected, it made an exception in the case of the first President, who was to be appointed by the Government, and the Governor-General's choice fell on Frederick Whyte, a former Liberal member of the British House of Commons who had been aparliamentary private secretary to Winston [18][19] Churchill. Whyte was succeeded on 24 August 1925 by Vithalbhai Patel, who was elected for a second time in 1927. He succeeded in laying down clearly defined practices and procedures for the business of the Assembly and defended members' rights and privileges. In 1928, he was able to create for the first time a separate office for the Assembly, independent of the administration of the Government of India. Patel established the convention that the [18][19][20][21] President would neither take part in debates nor vote, except to use his casting vote in favour of the status quo. Sir Muhammad Yakub was the deputy president of the Assembly from 1927 until 1930 and became President in 1930.[22] Yakub's deputy president from 1931 to 1933, R. K. Shanmukham Chetty, was President from 1933 to 1934.[23] In 1935, Sir Abdur Rahim KCSI was elected as second Muslim President of the Assembly, serving until 1945.[24] He was a former Chief Justice of the Madras High Court and professor of law in the University of Calcutta.[23][25][26][26] Ganesh Vasudev Mavlankar became the last President of the Assembly in January 1946 and remained in office until the Assembly came to an end on 14 August 1947. (Mavlankar became the first Speaker of the Constituent Assembly of India, and in 1952 the first Speaker of the Lok Sabha, the lower house of the Parliament of India.

Introduction
Lok Sabha is composed of representative of the people chosen by direct election on the basis of adult suffrage. The maximum strength of the House envisaged by the Constitution is 552, upto 530 members to represent the States, up to 20 members to represent the Union Territories and not more than two members of the Anglo-Indian Community to be nominated by the President, if, in his opinion, that community is not adequately represented in the House. The total elective membership is distributed among the States in such a way that the ratio between the number of seats allotted to each State and the population of the State is, so far as practicable, the same for all States. The number is divided among the 28 States and the 7 Union Territories as follows: States (1) Andhra Pradesh-- 42 (2) Arunachal Pradesh --2 (3) Assam --14 (4) Bihar-- 40

(5) Chhattisgarh - 11 (6) Goa-- 2 (7) Gujarat-- 26 (8) Haryana-- 10 (9) Himachal Pradesh --4 (10) Jammu & Kashmir --6 (11) Jharkhand - 14 (12) Karnataka --28 (13) Kerala --20 (14) Madhya Pradesh --29 (15) Maharashtra --48 (16) Manipur --2 (17) Meghalaya --2 (18) Mizoram --1 (19) Nagaland --1 (20) Orissa --21 (21) Punjab --13 (22) Rajasthan --25 (23) Sikkim --1 (24) Tamil Nadu --39 (25) Tripura --2 (26) Uttar Pradesh --80

(27) Uttarakhand - 5 (28) West Bengal --42 Union Territories (1) Andaman & Nicobar Islands --1 (2) Chandigarh --1 (3) Dadra & Nagar Haveli --1 (4) Daman & Diu --1 (5) Delhi --7 (6) Lakshadweep --1 (7) Pondicherry --1 Anglo-lndians (if nominated 2 by the President under Article 331 of the Constitution) The qualifying age for membership of Lok Sabha is 25 years. The Lok Sabha at present consists of 545 members including the Speaker and two nominated members. Lok Sabha, unless sooner dissolved, continues for five years from the date appointed for its first meeting and the expiration of the period of five years operates as dissolution of the House. However, while a Proclamation of Emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time and not extending, in any case, beyond a period of six months after the proclamation has ceased to operate. The Constitution of India came into force on January 26, 1950. The first general, elections under the new Constitution were held during the year 1951-52 and the first elected Parliament came into being in April, 1952, the Second Lok Sabha in April,1957, the Third Lok Sabha in April,1962, the Fourth Lok Sabha in March, 1967, the Fifth Lok Sabha in March, 1971, the Sixth Lok Sabha in March, 1977, the Seventh Lok Sabha in January,1980, the Eighth Lok Sabha in December, 1984, the Ninth Lok Sabha in December, 1989, the Tenth Lok Sabha in June, 1991, the Eleventh Lok Sabha in May, 1996, the Twelfth Lok Sabha in March, 1998, the Thirteenth Lok Sabha in
October, 1999, the Fourteenth Lok Sabha in May, 2004 and the Fifteenth Lok Sabha in May, 2009.

Presiding Officers Lok Sabha elects one of its own members as its Presiding Officer and he is called the Speaker. He is assisted by the Deputy Speaker who is also elected by Lok Sabha. The conduct of business in Lok Sabha is the responsibility of the Speaker. Procedure in the House The Rules of Procedure and Conduct of Business in Lok Sabha and Directions issued by the Speaker from time to time thereunder regulate the procedure in Lok Sabha. The items of business, notice of which is received from the Ministers/ Private Members and admitted by the Speaker, are included in the daily List of Business which is printed and circulated to members in advance. For various items of business to be taken up in the House the time is allotted by the House on the recommendations of the Business Advisory Committee. Time of Sittings When in session, Lok Sabha holds its sittings usually from 11 A.M. to 1 P.M. and from 2 P.M. to 6 P.M. On some days the sittings are continuously held without observing lunch break and are also extended beyond 6 P.M. depending upon the business before the House. Lok Sabha does not ordinarily sit on Saturdays and Sundays and other closed holidays. Commencement of a Sittings At the time fixed for the commencement of a sitting the Marshal of the House after ascertaining that 55 members are present in the House which number including the Speaker is required to from the quorum, announces Hon'ble Members, Hon'ble the Speaker The Speaker then reaches his seat from his Chamber and the members rise in their seats. After bowing or doing namaskar with folded hands to all sides of the House which is reciprocated by members bowing or folding hands towards the Chair, the Speaker takes his seat. Thereafter the members take their seats and the business of the House starts. Before the business entered in the order paper is taken up, a new member who has not yet made and subscribed an oath or affirmation does so. In the case of death of a

sitting or an ex-member or a leading personality, obituary references are made and this item is also taken up before Questions. Question Hour The first hour of every sitting of Lok Sabha is called the Question hour. Asking of questions in Parliament is the free and unfettered right of members. It is during the Question hour that they may ask questions on different aspects of administration and Government policy in the national as well as international spheres. Every Minister whose turn it is to answer to questions has to stand up and answer for his Ministry's acts of omission or commission. Questions are of three types - Starred, Unstarred and Short Notice. A Starred Question is one to which a member desires an oral answer in the House and which is distinguished by an asterisk mark. An unstarred Quesion is one which is not called for oral answer in the house and on which no supplementary questions can consequently be asked. An answer to such a question is given in writing. Minimum period of notice for starred/ unstarred question is 10 clear days. If the questions given notice of are admitted by the Speaker, they are listed and printed for answer on the dates allotted to the Ministries to which the subject matter of the question pertains. The normal period of notice does not apply to Short Notice Questions which relate to matters of urgent public importance. However, a Short Notice Question may only be answered on short notice if so permitted by the Speaker and the Minister concerned is prepared to answer it at shorter notice. A Short Notice Question is taken up for answer immediately after the Question Hour. Business after Question Hour After the Question Hour, the House takes up miscellaneous items of work before proceeding to the main business of the day. These may consist of one or more of the following:Adjournment Motions, Questions involving breaches of Privileges, Papers to be laid on the Table, Communication of any messages from Rajya Sabha, Intimations regarding President's assent to Bills, Calling Attention Notices, Matters under Rule 377, Presentation of Reports of Parliamentary Committee, Presentation of Petitions, miscellaneous statements by Ministers, Motions regarding elections to Committees, Bills to be withdrawn or introduced.

Main Business The main business of the day may be consideration of a Bill or financial business or consideration of a resolution or a motion. Legislative Business Legislative proposals in the form of a Bill can be brought forward either by a Minister or by a private member. In the former case it is known as Government Bill and in the latter case it is known as a Private Members' Bill. Every Bill passes through three stages - called three readings - before it is passed. To become law it must be passed by both the Houses of Parliament, Lok Sabha and Rajya Sabha, an then assented to by the President. Financial Business The presentation of the annual Budgets - General and Railways - their discussion and voting on the various demands for grants followed by passing of Appropriation Bill and Finance Bill, which is long drawn process, take up a major part of the time of the House during its Budget Session every year. Motions and Resolutions Among the other kinds of business which come up before the House are resolutions and motions. Resolutions and motions may be brought forward by Government or by private members. Government may move a resolution or a motion for obtaining the sanction to a scheme or opinion of the House on an important matter of policy or on a grave situation. Similarly, a private member may move a resolution or motion in order to draw the attention of the House and of the Government to a particular problem. The last Two and Half hours of sitting on every Friday are generally allotted for transaction of private members' business. While private members' bills are taken up on one Friday, private members' resolutions are taken up on the succeeding Friday, and so on. Half-an-Hour Discussion. A Half-an-Hour Discussion can be raised on a matter of sufficient public importance which has been the subject of a recent question in Lok Sabha irrespective of the fact whether the question was answered orally or the answer was laid on the Table of the House and the answer which needs elucidation on a matter of fact. Normally not more than half an hour is allowed for such a discussion.

Usually, half-an-hour discussion is listed on Mondays, Wednesdays and Fridays only, In one session, a member is allowed to raise not more than two half-an-hour discussions. During the discussion, the member who has given notice makes a short statement and not more than four members who have intimated earlier and have secured one of the four places in the ballot are permitted to ask a question each for further elucidating any matter of fact. Thereafter, the Minister concerned replies. There is no formal motion before the House nor voting. Discussion on Matters of Urgent Public Importance Members may raise discussions on matters of urgent public importance with the permission of the Speaker. Such discussions may take place on two days in a week. No formal motion is moved in the House nor is there any voting on such a discussion. Debate in the House After the member who initiates discussion on an item of business has spoken, other members can speak on that item of business in such order as the Speaker may call upon them. Only one member can speak at a time and all speeches are directed to the Chair. A matter requiring the decision of the House is decided by means of a question put by the Speaker on a motion made by a member. Division A division is one of the forms in which the decision of the House is ascertained. Normally, when a motion is put to the House members for and against it indicate their opinion by saying "Aye" or "No" from their seats. The Chair goes by the voices and declares that the motion is either accepted or negatived by the House. If a member challenges the decision, the Chair orders that the lobbies be cleared. Then the division bell is rung and an entire network of bells installed in the various parts and rooms in Parliament House and Parliament House Annexe rings continuously for three and a half minutes. Members and Ministers rush to the Chamber from all sides. After the bell stops, all the doors to the Chamber are closed and nobody can enter or leave the Chamber till the division is over. Then the Chair puts the question for second time and declares whether in its opinion the "Ayes" or the "Noes", have it. If the opinion so declared is again challenged, the Chair asks the votes to be recorded by operating the Automatic Vote Recording Equipment. Automatic Vote Recording System

With the announcement of the Speaker for recording the votes, the Secretary- General presses the button of a key board. Then a gong sounds serving as a singnal to membes for casting their votes. For casting a vote each member present in the Chamber has to press a switch and then operate one of the three push buttons fixed in his seat. The push switch must be kept pressed simultaneously until the gong sounds for the second time after 10 seconds. There are two Indicator Boards installed in the wall on either side of the Speaker's Chair in the Chamber. Each vote cast by a member is flashed here. Immediately after the votes are cast, they are totalled mechanically and the details of the results are flashed on the Result Indicator Boards installed in the railings of the Speaker's and Diplomatic Galleries. Divisions are normally held with the aid of the Automatic Vote Recording Equipment. Where so directed by the Speaker in terms of relevant provision in the Rules of Procedure etc. in Lok Sabha, Divisions may be held either by distribution of 'Aye'/'No' and 'Abstention' slips to members in the House or by the members recording their votes by going into the lobbies. There is an Indicator Board in the machine room showing the name of each member. The result of Division and vote cast by each member with the aid of Automatic Vote Recording Equipment appear on this Board also. Immediately a photograph of the Indicator Board is taken. Later the Photograph is enlarged and the names of members who voted 'Ayes' and for 'Noes' are determined with the help of the photograph and incorporated in Lok Sabha Debates. Publication of Debates Three versions of Lok Sabha Debates are prepared viz., the Hindi version, the English version and the Original version. Only the Hindi and English versions are printed. The Original version, in cyclostyled form, is kept in the Parliament Library for record and reference. The Hindi version comprises all Questions asked and Answers given thereto in Hindi and the speeches made in Hindi as also verbatim Hindi translation of Questions and Answers and of speeches made in English or in regional languages. The English version contains Lok Sabha proceedings in English and the English translation of the proceedings which take place in Hindi or in any regional language.

The Original version, however, contains proceedings in Hindi or in English as they actually take place in the House and also the English/Hindi translation of speeches made in regional languages.

COMMITTEES OF RAJYA SABHA GENERAL INFORMATION

Introduction
Parliamentary Committees play a vital role in the Parliamentary System. They are a vibrant link between the Parliament, the Executive and the general public. The need for Committees arises out of two factors, the first one being the need for vigilance on the part of the Legislature over the actions of the Executive, while the second one is that the modern Legislature these days is over-burdened with heavy volume of work with limited time at its disposal. It thus becomes impossible that every matter should be thoroughly and systematically scrutinised and considered on the floor of the House. If the work is to be done with reasonable care, naturally some Parliamentary responsibility has to be entrusted to an agency in which the whole House has confidence. Entrusting certain functions of the House to the Committees has, therefore, become a normal practice. This has become all the more necessary as a Committee provides the expertise on a matter which is referred to it. In a Committee, the matter is deliberated at length, views are expressed freely, the matter is considered in depth, in a business-like manner and in a calmer atmosphere. In most of the Committees, public is directly or indirectly associated when memoranda containing suggestions are received, on-the-spot studies are conducted and oral evidence is taken which helps the Committees in arriving at the conclusions.

The Committees aid and assist the Legislature in discharging its duties and regulating its functions effectively, expeditiously and efficiently. Through Committees, Parliament exercises its control and influence over administration. Parliamentary Committees have a salutary effect on the Executive. The Committees are not meant to weaken the administration, instead they prevent misuse of power exercisable by the Executive. It may, however, be remembered that Parliamentary control in the context of the functioning of the Committees may mean influence, not direct control; advice, not command; criticism, not obstruction; scrutiny, not initiative; and accountability, not prior approval. This, in brief, is the rationale of the Committee System. The Committees have functioned in a non-partisan manner and their deliberations and conclusions have been objective. This, in a large measure, accounts for the respect in which the recommendations of the Parliamentary Committees are held.

Types

of

Committees

Rajya Sabha possesses an organised system of Committees. Appointments, term of office, functions and procedure for conducting business in these Committees are regulated under the provisions of the Rules and directions given by the Chairman from time to time.

The Committees may be classified as Ad hoc Committees and Standing Committees. Ad hoc Committees are appointed from time to time to enquire into specific subjects. They are not named as such in the Rules of Procedure of Rajya Sabha but come into being on a specific motion and become functus officio immediately after reporting to the House on matters assigned to them. Ad hoc Committees are generally Select Committees and Joint Select

Committees on Bills. Ad hoc Committees have, however, also been appointed by the House on other specific subjects, as in 1962, the House appointed an ad hoc Committee to consider its Rules of Procedure. In 1976 another Committee was appointed to enquire into the conduct of a sitting member of the House and in 1983 a Committee was constituted for reconciliation between the Nirankaris and Akalis. Again, on the 9th August, 1995 a fifteen-member Railway Wagon Committee was constituted to examine all the aspects relating to procurement of Railway Wagons.

The second category of Committees, namely, Standing Committees may be divided in terms of their functions under four broad heads:

1. Committees

to

enquire

(a) (b) (c) Committee

Committee of Ethics

on Privileges;

Petitions; and Committee.

2. Committees

to

scrutinise

and

control

(a) (b) (c)

Committee Committee Committee on on

on Subordinate Papers Laid

Government Legislation; on the

Assurances; and Table.

3. Committees

relating

to

day-to-day

business

of

the

House

(a) (b)

Business

Advisory Rules

Committee;

and Committee.

4. House

Keeping

Committees

(a) (b) (c) Committee General on Provision of

House Purposes Computers to Committee; Members of Rajya

Committee; and Sabha.

There

are

some Financial

Committees

of

Lok

Sabha with

which

Members

of

Rajya

Sabha

are

associated.

These

are:

(a) (b)

Committee Committee

on on

Public Public

Accounts;

and Undertakings.

There

are

also Joint

Parliamentary

Committees on

which

members

of

both

the

Houses

are

represented.

These

Committees

are:

(a) (b)

Committee

on Committee

the

Welfare on

of

Scheduled Offices

Castes

and of

Scheduled

Tribes; Profit;

(c) [Parliamentary Committee to review the rate of dividend payable by the Railway Committee); (d) (e)Library (f) (g) (h) Committee Committee on Installation on of on Food Portraits/Statues Security of Management National Leaders and Committee on

Undertaking to the General Revenues] (Railway Convention

Empowerment

of

Women Committee

in

Parliament Parliamentarians in the

House Parliament House House

Complex Complex Complex

Committee

Matters

in

Parliament

Some other Committees of both the Houses are constituted under the provisions of law. For example, the Joint Committee of the Houses of Parliament constituted under section 9(1) of the Salary, Allowances and Pension of Members of Parliament Act, 1954.

The members of Rajya Sabha on the Committee on Public Accounts, the Committee on Public Undertakings, the Committee on Offices of Profit and the Committee on the Welfare of Scheduled Castes and Scheduled Tribes are elected by the House, while [members of the other Joint Committees are nominated by the Chairman] The proportion of number of Members of the two Houses on these Committees is approximately in the ratio of 2 Members of Lok Sabha to 1 of Rajya Sabha.

Following is the list of Parliamentary Standing Committees which function in Rajya Sabha:

Sl. No.

Name of the Committee

No. of members in the Committee

1.

Business Advisory Committee

11

2.

Committee on Papers Laid on the Table

10

3.

Committee on Petitions

10

4.

Committee of Privileges

10

5.

Committee on Rules

16

6.

Committee on Subordinate Legislation

15

7.

Committee on Government Assurances

10

8.

General Purposes Committee

Not fixed

9.

House Committee

10

10.

Ethics Committee

10

11.

Committee on Provision of Computers for Members of Rajya Sabha

12.

Committee on Members of Parliament Local Area Development Scheme

10

Normally the Committees mentioned at Serial Nos. 1 to 9 are re-constituted every year but each one of them continues to hold office until a new Committee is nominated. The Committees at Serial Nos. 10 to 12 on the other hand generally continue with the vacancies arising therein from time to time being filled in. The functions, They are reconstituted when fairly a large number of vacancies such as due to biennial elections to Rajya Sabha arise. etc. of each of these Committees are described below in brief:

(1) Business Advisory Committee This Committee recommends the time that should be allocated for the discussion of the stage or stages of such Government Bills and other business as the Chairman in consultation with the Leader of the House may direct for being referred to the Committee. The Committee also recommends the time that should be allocated for the discussion of stage or stages of private Members' Bills and Resolutions. It has the power to indicate in the proposed time-table the different hours at which the various stages of the Bill or other business are to be completed. The Committee performs such other functions as may be assigned to it by the Chairman from time to time. The time-table in regard to the business of the Rajya Sabha as settled by the Committee, is reported by the Chair to the House, which is then notified in Rajya Sabha Parliamentary Bulletin Part- II.

(2) Committee on Papers Laid on the Table The function of the Committee is to consider, after a paper is laid before the Council by a Minister whether :- (a) there has been compliance with the provisions of the Constitution or an Act of Parliament or any other law, rule or regulations in pursuance of which the paper has been so laid; (b) there has been any unreasonable delay in laying the paper before the Council and if so, whether a statement explaining the reasons for such delay has also been laid before the Council along with the paper and whether those reasons are satisfactory; and (c) the paper has been laid before the Council both in English and Hindi and if not, whether a statement explaining the reasons for not laying the paper in Hindi has also been laid before the Council along with the paper and whether those reasons are satisfactory. The Committee performs such other functions in respect of the papers laid on the Table as may be assigned to it by the Chairman from time to time. The reports of the Committee are presented to the House from time to time by the Chairman of the Committee or, in his absence, by any member of the Committee.

(3) Committee on PetitionsThe functions of the Committee are: (a) to examine every petition referred to it, and if the petition complies with the rules, to direct that it be circulated in extenso or in summary form, as the case may be; and (b) to report to the House on specific complaints made in the petition after taking such evidence as it deems fit and to suggest remedial measures, either in a concrete form applicable to the case under consideration or to prevent recurrence of such case. The reports of the Committee are presented to the House by the Chairman of the Committee or in his absence by any member, of the Committee from time to time.

(4) Committee of Privileges The Committee examines every question of privilege referred to it either by the House or by the Chairman and determines with reference to the facts of each case, whether a breach of privilege is involved and, if so, the nature of the breach, the circumstances leading to it and makes such recommendations as it deems fit. The Committee can also report to the House the procedure that may be followed by the House in giving effect to the recommendations made by the Committee. The reports of the Committee are presented to the House from time to time by the Chairman of the Committee, or in his absence by any member of the Committee. After the report is presented, a motion for consideration of the

report may be moved by the Chairman of the Committee, or any other member of the Committee. Any member may give notice of amendment to the motion for consideration of the report in such form as may be considered appropriate by the Chairman. After the motion for consideration of the report has been carried, the Chairman or any member of the Committee or any other member, as the case may be, may move that the House agrees or disagrees or agrees with amendments, with the recommendations contained in the report.

(5) Committee on Rules The Committee considers matters of procedure and conduct of business in Rajya Sabha and recommends any amendments or additions to the rules that may be deemed necessary. Reports of the Committee are presented to the House from time to time by the Deputy Chairman or in his absence by any member of the Committee. After a report is presented, a motion for consideration of the report may be moved by the Deputy Chairman or in his absence by a member of the Committee designated by the Chairman. By giving prior notice members can move amendments to the motion for consideration of the report. After the motion for consideration of the report has been carried, the Deputy Chairman, or in his absence any member of the Committee designated by the Chairman may move that the House agrees, or agrees with amendments, with the recommendations contained in the report.

(6) Committee on Subordinate Legislation The functions of the Committee are to scrutinise and report to Rajya Sabha whether the powers to make rules, regulations, bye-laws, scheme or other statutory instruments conferred by the Constitution or delegated by Parliament are being properly exercised within such conferment or delegation, as the case may be. The Committee examines such rule, regulation, bye-law, scheme or other statutory instrument framed in pursuance of the Constitution or the legislative functions delegated by Parliament to a subordinate authority, irrespective of the fact whether it is required to be laid before the House or not and, in particular, considers: (a) whether it is in accord with the general objects of the Constitution, or the Act pursuant to which it is made; (b) whether it contains matter which in the opinion of the Committee should more properly be dealt within an Act of Parliament; (c) whether it contains imposition of any tax; (d) whether it directly or indirectly bars the jurisdiction of the Courts; (e) whether it gives retrospective effect to any of the provisions in respect of which the Constitution or the Act pursuant to which it is made does not expressly give any such power; (f) whether it involves expenditure from the Consolidated Fund of India or the public revenues; (g) whether it appears to make some unusual or unexpected use of the powers conferred by the Constitution or the Act pursuant to which it is made; (h) whether there appears to have been unjustifiable delay in its publication or in laying it before Parliament; and (i) whether for any reason its form or purport calls for any elucidation.

The Committee examines Bills which seek to delegate powers to make rules, regulations, bye-laws, etc. or amend earlier Acts delegating such powers, with a view to seeing whether suitable provisions for the laying of the rules, regulations, etc. before Parliament have been made therein. The Committee also examines representations made to it in regard to rules, regulations, bye-laws, etc. made or required to be made under an Act. The reports of the Committee are presented to the House from time to time by the Chairman of the Committee or in his absence, by any member of the Committee.

(7) Committee on Government Assurances The functions of the Committee are: (a) to scrutinise the assurances, promises, undertakings, etc. given by Ministers from time to time on the floor of the House during Question Hour as also during discussion on Bills, Resol utions, Motions, Calling Attention notices, etc.; and (b) to report to the House on the extent to which such assurances, promises, undertakings, etc. have been fully or satisfactorily implemented, and when implemented, whether such implementation has taken place within the minimum time necessary for the purpose or whether there has been an inordinate delay in the implementation of assurances and if so, the reasons therefor. The Committee determines its own

procedure in connection with all matters relating to the consideration of any question of assurances, promises, undertakings, etc. by it. The reports of the Committee are presented to the House from time to time by the Chairman of the Committee or, in his absence, by any member of the Committee.

(8) General Purposes CommitteeThe General Purposes Committee consists of the Chairman, the Deputy Chairman, members of the panel of ViceChairmen, Chairmen of all Parliamentary Standing Committees of Rajya Sabha, Leaders of recognised parties and groups in Rajya Sabha and such other members as may be nominated by the Chairman. The Chairman, Rajya Sabha, is the ex-officio Chairman of the Committee. The functions of the Committee are to consider and advise on such matters concerning the affairs of the House as may be referred to it by the Chai rman from time to time.

(9) House CommitteeThe functions of the Committee are (i) to deal with all questions relating to the allotment of residential accommodation to Members of Rajya Sabha and to exercise supervision over facilities for accommodation so allotted and other amenities given to Members in their residences and hostels in Delhi/New Delhi; and (ii) to make appropriate recommendations in regard to matters of common interest to Members of both Houses of Parliament pertaining to their residences and other amenities. For this, it is a practice that the Chairmen of the House Committees of Lok Sabha and Rajya Sabha confer together.

(10) Committee on EthicsWith the incorporation of rules relating to the Committee on Ethics in the Rules of Procedure and Conduct of Business in the Council of States w.e.f. July 20, 2004, the mandate of the Committee was widened to, apart from overseeing the moral and ethical conduct of Members, preparing a Code of Conduct for Members and to suggest amendments or additions therein from time to time in the form of reports to the Council; examining cases concerning the alleged breach of Code of Conduct by Members as also cases concerning allegations of any other ethical misconduct of Member; and tendering advice to Members from time to time on questions involving ethical standards either suo-motu or on receiving specific requests. The Committee was also bestowed with the power to recommend imposition of sanctions such as censure, reprimand, suspension from the Council for a specific period and any other sanction for proven unethical behaviour or other misconduct and contravention of the Code of Conduct / rules on the part of the Members. The Committee consists of 10 Members and as per practice, the Leaders of top ten parties as per their numerical strength in the House are generally nominated to be the members of the Committee and in case the Leaders happen to be Ministers then th e choice is extended to the Deputy Leaders of the parties. The Chairman is appointed from amongst the Members of the Committee. The reports of the Committee are presented to the House from time to time by the Chairman of the Committee or, in his absence, by any other Member of the Committee authorized by the Committee.

(11) Committee on Provision of Computers to Members of Rajya SabhaThis Committee was first constituted by the Chairman, Rajya Sabha on the 18th March, 1997 and has continued since then with vacancies therein being filled from time to time or the Committee being re-constituted as and when required. The Deputy Chairman of Rajya Sabha is the Chairman of the Committee. The Committee goes into all aspects relating to supply of Computers to Members of Rajya Sabha. It also reviews the hardware and software requirements of Members.

(12) Committee on Members of Parliament Local Area Development SchemeSince a large number of complaints were being received from Members about non-implementation of various items of work under the Members of Parliament Local Area Development (MPLAD) Scheme, it was felt that there should be some effective monitoring mechanism so that proper and quick implementation of projects under MPLAD Scheme could be achieved. With this objective in view, a ten-member Committee was constituted in Rajya Sabha on the 5th September, 1998. The Deputy Chairman of Rajya Sabha is

the

Chairman

of

this

Committee.

Department-related Parliamentary Standing Committees:-

The need to constitute some kind of subject Committees or the Department-related Parliamentary Standing Committees was being felt for the last several years. In 1989, in fact, three Standing Committees were constituted which dealt with Agriculture, Science and Technol ogy and Environment and Forests. In 1993, it was finally decided to set up seventeen Department-related Parliamentary Standing Committees each consisting of 15 members of Rajya Sabha and 30 from Lok Sabha to cover various Ministries/Departments of the Union Government in order to further strengthen the accountability of the Government to Parliament. With the addition of seven more Committees in July 2004 albeit with reduced membership of 10 from Rajya Sabha and 21 from Lok Sabha, the number of Department-related Parliamentary Standing Committees was raised to 24 out of which 8 were placed within the jurisdiction of the Chairman, Rajya Sabha and 16 within the jurisdiction of the Speaker, Lok Sabha. Rules 268 to 277 of the Rules of Procedure and Conduct of Business in the Conduct of States and Rules 331 C to 331 N of the Rules of Procedure and Conduct of Business in Lok Sabha govern the Constitution and functioning of these Committees. The following are the 24 DRSCs with the Ministries/Departments allocated to them shown against each:-

PART I**

Sl. No.

Name of the Committee

Ministries/Departments

1. 2.

Committee on Commerce Committee on Home Affairs

Commerce and Industry (1) Home (2) Development of North-Eastern Region Affairs

3.

Committee on Human Resource Development

(1) Human (2) Youth

Resource Affairs and

Development Sports

(3) Women and Child Development 4. Committee on Industry (1) Heavy Industries and Public Enterprises

(2) Micro, Small and Medium Enterprises 5. Committee on Science & Technology, Environment & Forests (1) Science (2) Space (3) Earth (4) Atomic (5) Environment & Forests 6. Committee on Transport, Tourism and Culture (1) Civil (2) Road (3) Shipping (4) Culture (5) Tourism Transport and Aviation Highways Sciences Energy & Technology

7. 8.

Committee on Health and Family Welfare Committee on Personnel, Public Grievances, Law and Justice

Health and Family Welfare (1) Law (2) Personnel, Pensions and Public Grievances Justice and

PART II*** 9. Committee on Agriculture (1) Agriculture (2) Food Processing Industries 10. Committee on Information Technology (1) Communications Technology (2) Information & Broadcasting Defence (1) New (2) Power 13. Committee on External Affairs (1) External (2) Overseas Indian Affairs 14. Committee on Finance (1) Finance (2) Corporate (3) Planning (4) Statistics and Programme Implementation 15. Committee on Food, Consumer Affairs and Public Distribution Consumer Affairs, Food and Public Distribution Affairs Affairs and Renewable Energy and Information

11. 12.

Committee on Defence Committee on Energy

16.

Committee on Labour

(1) Labour (2) Textiles

and

Employment

17.

Committee

on

Petroleum

&

Natural

Gas

Petroleum & Natural Gas

18. 19.

Committee on Railways Committee on Urban Development

Railways (1) Urban Development

(2) Housing and Urban Poverty Alleviation 20. 21. 22. Committee on Water Resources Committee on Chemicals and Fertilizers Committee on Rural Development Water Resources Chemicals and Fertilizers (1) Rural (2) Panchayati Raj Development

23.

Committee on Coal and Steel

(1) Coal (2) Mines (3) Steel

24.

Committee on Social Justice & Empowerment

(1) Social (2) Tribal

Justice

and

Empowerment Affairs

(3) Minority Affairs

The Chairmen of the first eight Committees are appointed by the Chairman, Rajya Sabha and the remaining Sixteen by theSpeaker, Lok Sabha.

These Department-related Parliamentary Standing Committees, which started functioning from the 8th April, 1993 superseded the three subject Committees set up in 1989.

While inaugurating the Department-related Parliamentary Standing Committee system in the Central Hall of Parliament on the 31st March 1993, the then Vice-President of India and the Chairman, Rajya Sabha, Shri K.R. Narayanan observed that the main purpose of these Committees is

"... to ensure the accountability of Government to Parliament through more detailed consideration of measures in these Committees. The intention is not to weaken or criticise the administration but to strengthen it by investing it with more meaningful Parliamentary support".

These

Committees

are

entrusted

with

the

following

functions:

(a) to consider the Demands for Grants of the related Ministries/Departments and report thereon. The report shall not suggest anything of the nature of cut motions;

(b) to examine Bills, pertaining to the related Ministries/Departments, referred to the Committee by the Chairman or the Speaker, as the case may be, and report thereon;

(c)

to

consider

the

annual

reports

of

the

Ministries/Departments

and

report

thereon;

and

(d) to consider national basic long term policy documents presented to the Houses, if referred to the Committee by the Chairman or the Speaker, as the case may be, and report thereon.

Provided that the Standing Committees shall not consider matters of day-to-day administration of the related Ministries/ Departments.

********

** Committees within the administrative jurisdiction of Chairman, Rajya Sabha.

*** Committees within the administrative jurisdiction of Speaker, Lok Sabha.

RAJYA SABHA - AN INTRODUCTION

Background

The Council of States which is also known as Rajya Sabha, a nomenclature that was announced by the chair in the House on the 23rd August, 1954 has its own distinctive features. The origin of the second Chamber can be traced to the Montague-Chelmsford Report of 1918. The Government of India Act, 1919 provided for the creation of a Council of State as a second chamber of the then legislature with a restricted franchise which actually came into existence in 1921. The Governor-General was the ex-officio President of the then Council of State. The Government of India Act, 1935, hardly made any changes in its composition.

The Constituent Assembly, which first met on 9 December 1946, also acted as the Central Legislature till 1950, when it was converted as Provisional Parliament. During this period, the Central Legislature which was known as Constituent Assembly (Legislative) and later Provisional Parliament was unicameral till the first elections were held in 1952.

Extensive debate took place in the Constituent Assembly regarding the utility or otherwise of a Second Chamber in Independent India and ultimately, it was decided to have a bicameral legislature for independent India mainly because a federal system was considered to be most feasible form of Government for such a vast country with immense diversities. A single directly elected House, in fact, was considered inadequate to meet the challenges before free India. A second chamber known as the Council of States, therefore, was created with altogether different composition and method of election from that of the directly elected House of the People. It was conceived as another Chamber, with smaller membership than the Lok Sabha (House of the People). It was meant to be the federal chamber i.e., a House elected by the elected members of Assemblies of the States and two Union Territories in which States were not given equal representation. Apart from the elected members, provision was also made for the nomination of twelve members to the House by the President. The minimum age of thirty years was fixed for membership as against twenty-five years for the Lower House. The element of dignity and prestige was added to the Council of State House by making the Vice-President of India ex-officio Chairman of the Rajya Sabha who presides over its sittings.

Constitutional Provisions relating to Rajya Sabha

Composition/Strength

Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of which 12 members are nominated by the President and 238 are representatives of the States and of the two Union Territories. The present strength of Rajya Sabha, however, is 245, out of which 233 are representatives of the States and Union territories of Delhi and Puducherry and 12 are nominated by the President. The members nominated by the President are persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service.

Allocation of Seats

The Fourth Schedule to the Constitution provides for allocation of seats to the States and Union Territories in Rajya Sabha. The allocation of seats is made on the basis of the population of each State. Consequent on the reorganization of States and formation of new States, the number of elected seats in the Rajya Sabha allotted to States and Union Territories has changed from time to time since 1952.

Eligibility
Qualifications

Article 84 of the Constitution lays down the qualifications for membership of Parliament. A person to be qualified for the membership of the Rajya Sabha should posses the following qualifications:

1. 2. 3.

he must be a citizen of India and make and subscribe before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution; he must be not less than 30 years of age; he must possess such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

Disqualifications

Article 102 of the Constitution lays down that a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament

1. 2. 3. 4. 5.

if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder; if he is of unsound mind and stands so declared by a competent court; if he is an undischarged insolvent; if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State; if he is so disqualified by or under any law made by Parliament.

Explanation- For the purpose of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.

Besides, the Tenth Schedule to Constitution provides for disqualification of the members on ground of defection. As per the provisions of the Tenth Schedule, a member may be disqualified as a member, if he voluntarily gives up the membership of his political party; or if he votes or abstains from voting in the House contrary to any direction issued by the political party to which he belongs, unless such voting or abstention has been condoned by the political party within fifteen days. A member elected as an independent candidate shall be disqualified if he joins any political party after his election.

A member nominated to the House by the President, however, is allowed to join a political party if he/she does so within the first six months of taking seat in the House.

A member shall not be disqualified on this account, if he voluntarily leaves the membership of his political party after he i s elected Deputy Chairman, Rajya Sabha.

Process for Election/Nomination

Electoral College:

The representatives of the States and of the Union Territories in the Rajya Sabha are elected by the method of indirect election. The representatives of each State and two Union territories are elected by the elected members of the Legislative Assembly of that State and by the members of the Electoral College for that Union Territory, as the case may be, in accordance with the system of proportional representation by means of the single transferable vote. The Electoral College for the National Capital Territory of Delhi consists of the elected members of the Legislative Assembly of Delhi, and that for Puducherry consists of the elected members of the Puducherry Legislative Assembly.

Biennial/Bye-election

Rajya Sabha is a permanent House and is not subject to dissolution. However, one-third Members of Rajya Sabha retire after every second year. A member who is elected for a full term serves for a period of six years. The election held to fill a vacancy arising otherwise than by retirement of a member on the expiration of his term of office is called Bye-election. A member elected in a bye-election remains member for the remainder of the term of the member who had resigned or died or disqualified to be member of the House under the Tenth Schedule.

Presiding Officers - Chairman and Deputy Chairman

The Presiding Officers of Rajya Sabha have the responsibility to conduct the proceedings of the House. The Vice-President of India is ex-officio Chairman of Rajya Sabha. Rajya Sabha also chooses from amongst its members, a Deputy Chairman. There is also a Panel of Vice-Chairmen in Rajya Sabha, the members of which are nominated by the Chairman, Rajya Sabha. In the absence of the Chairman and Deputy Chairman, a member from the Panel of Vice-Chairmen presides over the proceedings of the House.

Secretary-General

The Secretary-General is appointed by the Chairman of Rajya Sabha and holds rank equivalent to the highest civil servant of the Union. The SecretaryGeneral works with anonymity and is readily available to the Presiding Officers for rendering advice on parliamentary matters. The Secretary-General is also the administrative head of the Rajya Sabha Secretariat and the custodian of the records of the House. He works under the direction and control of the Chairman, Rajya Sabha.

Relation between the two Houses

Under article 75(3) of the Constitution, the Council of Ministers is collectively responsible to Lok Sabha which means Rajya Sabha cannot make or unmake the Government. It can, however, exercise control over the Government and this function becomes quite prominent, particularly when the Government does not enjoy majority in Rajya Sabha.

To resolve a deadlock between the two Houses, in case of an ordinary legislation, the Constitution provides for the joint sitting of both Houses. In fact, there have been three occasions in the past when the Houses of Parliament had met in joint sitting to resolve differences between them. Issues in joint sitting are decided by a majority of the total number of members of both Houses present and voting. The joint sitting is held in the Central Hall of Parliament House presided over by the Speaker, Lok Sabha. However, in the case of a Money Bill, there is no provision in the Constitution for a joint sitting of both Houses as Lok Sabha clearly enjoys pre-eminence over Rajya Sabha in financial matters. As regards a Constitution amendment Bill, it has been provided in the Constitution that such a Bill has to be passed by the specific majority, as prescribed under article 368 of the Constitution, by both Houses. There is, therefore, no provision for resolving a deadlock between the two Houses in regard to a Constitution amendment Bill.

Ministers may belong to either House of Parliament. The Constitution does not make any distinction between the Houses in this regard. Every Minister has the right to speak and take part in the proceedings of either House but he is entitled to vote only in the House of which he is a member.

Similarly, with regard to powers, privileges and immunities of the Houses of Parliament, their members and committees thereof, the two Houses are placed absolutely on equal footing by the Constitution.

Other important matters in respect of which both Houses enjoy equal powers are election and impeachment of the President, election of the VicePresident, approving the Proclamation of Emergency, the proclamation regarding failure of constitutional machinery in States and financial emergency. In respect of receiving reports and papers from various statutory authorities, etc., both Houses have equal powers.

It is thus clear that except in the case of collective responsibility of the Council of Ministers and certain financial matters, which fall in the domain of Lok Sabha only, both Houses enjoy equal powers.

Special Powers of Rajya Sabha

Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution. All the subjects/areas regarding legislation have been divided into three Lists - Union List, State List and concurrent List. Union and State Lists are mutually exclusive - one cannot legislate on a matter placed in the sphere of the other. However, if Rajya Sabha passes a resolution by a majority of not less than two-thirds of members present and voting saying that it is necessary or expedient in the national interest that Parliament should make a law on a matter enumerated in the State Li st, Parliament becomes empowered to make a law on the subject specified in the resolution, for the whole or any part of the territory of India. Such a resolution remains in force for a maximum period of one year but this period can be extended by one year at a time by passing a similar resolution further.

If Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting declaring that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament becomes empowered to create by law such services.

Under the Constitution, the President is empowered to issue Proclamations in the event of national emergency, in the event of failure of constitutional machinery in a State, or in the case of financial emergency. Every such proclamation has to be approved by both Houses of Parliament within a stipulated period. Under certain circumstances, however, Rajya Sabha enjoys special powers in this regard. If a Proclamation is issued at a time when

Lok Sabha has been dissolved or the dissolution of Lok Sabha takes place within the period allowed for its approval, then the proclamation remains effective, if the resolution approving it is passed by Rajya Sabha within the period specified in the Constitution under articles 352, 356 and 360.

Rajya Sabha in Financial Matters

A Money Bill can be introduced only in Lok Sabha.

After it is passed by that House, it is transmitted to Rajya Sabha for its concurrence or Rajya Sabha has to return such a Bill to Lok Sabha within a period of

recommendation. The power of Rajya Sabha in respect of such a Bill is limited.

fourteen days from its receipt. If it is not returned to Lok Sabha within that time, the Bill is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha. Again, Rajya Sabha cannot amend a Money Bill; it can only recommend amendments and Lok Sabha may either accept or reject all or any of the recommendations made by Rajya Sabha.

Apart from a Money Bill, certain other categories of Financial Bills also cannot be introduced in Rajya Sabha. There are, however, some other types of Financial Bills on which there is no limitation on the powers of the Rajya Sabha. These Bills may be initiated in either House and Rajya Sabha has powers to reject or amend such Financial Bills like any other Bill. Of course, such Bills cannot be passed by either House of Parliament unless the President has recommended to that House the consideration thereof.

From all this, however, it does not follow that Rajya Sabha has nothing to do in matters relating to finance. The Budget of the Government of India is laid every year before Rajya Sabha also and its members discuss it. Though Rajya Sabha does not vote on Demands for Grants of various Ministries - a matter exclusively reserved for Lok Sabha - no money, however, can be withdrawn from the Consolidated Fund of India unless the Appropriation Bill has been passed by both the Houses. Similarly, the Finance Bill is also brought before Rajya Sabha. Besides, the Department-related Parliamentary Standing Committees that examine the annual Demands for Grants of the Ministries/Departments are joint committees having ten members from Rajya Sabha.

Leader of the House

Apart from the Chairman and the Deputy Chairman, Leader of the House is another functionary who plays important role in the efficient and smooth conduct of the business in the House. The Leader of the House in Rajya Sabha is normally the Prime Minister, if he is its member or any Minister who is a member of the House and is nominated by him to so function. His primary responsibility is to maintain coordination amongst all sections of the House for a harmonious and meaningful debate in the House. For this purpose, he remains in close contact not only with the Government but also with the Opposition, individual ministers and the Presiding Officer. He occupies the first seat in the Chamber in first row at right the side of the Chair so that he is easily available to the Presiding Officer for consultation. Under the rules, the Leader of the House is consulted by the Chairman in regard to the arrangement of Government business in the House, allotment of days or allocation of time for discussion on the Presidents Address, Private Members business on any day other than Friday, discussion on No Day-Yet-Named Motions, Short Duration Discussions and consideration and return of a Money Bill. He is also consulted by the Chairman in the matter of adjournment or otherwise of the House for the day in case of death of an outstanding personality, national leader or international dignitary. In the era of coalition governments, his task has become more challenging. He ensures that all possible and reasonable facilities are made available to the House for a meaningful discussion on any matter that is brought before it. He works as the spokesperson of the House in expressing sense of the House and represents it on ceremonial or formal occasions. The following members have been the Leaders of the House in the Rajya Sabha:

SNo.

Name

From

To

1.

Shri N. Gopalaswami Ayyangar

May 1952

Feb. 1953

2.

Shri Charu Chandra Biswas

Feb. 1953

Nov. 1954

3.

Shri Lal Bahadur Shastri

Nov. 1954

March 1955

4.

Shri Govind Ballabh Pant

March 1955

Feb. 1961

5.

Hafiz Mohammad Ibrahim

Feb. 1961

Aug. 1963

6.

Shri Yashwantrao Balwantrao Chavan

Aug. 1963

Dec. 1963

7.

Shri Jaisukhlal Hathi

Feb. 1964

March 1964

8.

Shri Mahomadali Currim Chagla

March 1964

Nov. 1967

9.

Shri Jaisukhlal Hathi

Nov. 1967

Nov. 1969

10.

Shri Kodradas Kalidas Shah

Nov. 1969

May 1971

11.

Shri Uma Shankar Dikshit

May 1971

Dec. 1975

12.

Shri Kamlapati Tripathi

Dec. 1975

March 1977

13.

Shri Lal K. Advani

March 1977

Aug. 1979

14.

Shri K.C. Pant

Aug. 1979

Jan. 1980

15.

Shri Pranab Mukherjee

Jan. 1980

July 1981 and

Aug. 1981

Dec. 1984

16.

Shri Vishwanath Pratap Singh

Dec. 1984

April 1987

17.

Shri N.D. Tiwari

April 1987

June 1988

18.

Shri P. Shiv Shanker

July 1988

Dec. 1989

19.

Shri M.S. Gurupadaswamy

Dec. 1989

Nov. 1990

20.

Shri Yashwant Sinha

Dec. 1990

June 1991

21.

Shri S.B. Chavan

July 1991

April 1996

22.

Shri Sikander Bakht

20th May 1996

31st May 1996

23.

Shri Inder Kumar Gujral

June 1996

Nov. 1996

24.

Shri H.D. Deve Gowda

Nov. 1996

April 1997

25.

Shri Inder Kumar Gujral

April 1997

March 1998

SNo.

Name

From

To

26.

Shri Sikander Bakht

March 1998

Oct. 1999

27.

Shri Jaswant Singh

Oct. 1999

May 2004

28.

Dr. Manmohan Singh

June 2004

Leader of the Opposition (LOP)

The office of the Leader of the Opposition in a legislature is of great public importance. Its importance emanates from the central role accorded to the Opposition in a parliamentary democracy. The role of the Leader of the Opposition, in fact, is more difficult as he has to criticize, find fault and present alternative proposals/policies with no power to implement them. He has, thus, to perform a special responsibility to Parliament and to the nation.

In Rajya Sabha until 1969, there was no Leader of the Opposition in real sense of the term. Till then, the practice was to call the Leader of the party in Opposition having the largest number of the members as the Leader of the Opposition, without according him any formal recognition, status or privilege. The office of Leader of the Opposition was given official recognition through the Salary and Allowances of Leaders of the Opposition in Parliament Act, 1977. This Act defines the Leader of the Opposition in Rajya Sabha, as a member of the Council of States who is, for the time being, the Leader in that House of the party in opposition to the Government constituting the greatest numerical strength and recognized as such by the Chairman of the Council of States. Thus, the Leader of the Opposition should satisfy three conditions, namely, (i) he should be a member of the House (ii) the Leader in Rajya Sabha of the party in opposition to the Government having the greatest numerical strength and (iii) be recognized as such by the Chairman, Rajya Sabha. The following members have been the Leaders of the Opposition in the Rajya Sabha:

SNo.

Name

From

To

Shri Shyam Nandan Mishra

Decermber 1969

March 1971

Shri M. S. Gurupadaswamy

March 1971

April 1972

Shri Mamlapati Tripathi

30.3.1977

15.2.1978

Shri Bhola Paswan Shastri

24.2.1978

23.3.1978

Shri Kamlapati Tripathi

23.3.1978

2.4.1978 and

18.4.1978

8.1.1980

Shri Lal K. Advani

21.1.1980

7.4.1980

Shri P. Shiv Shanker

18.12.1989

2.1.1991

Shri M. S. Gurupadaswamy

28.6.1991

21.7.1991

Shri. S. Jaipal Reddy

22.7.1991

29.6.1992

10

Shri Sikander Bakht

7.7.1992

10.4.1996 and

SNo.

Name

From

To

10.4.1996

23.5.1996

11

Shri S. B. Chavan

23.5.1996

1.6.1996

12

Shri Sikander Bakht

1.6.1996

19.3.1998

13

Dr. Manmohan Singh

21.3.1998

21.5.2004

14

Shri Jaswant Singh

3.6.2004

4.7.2004

5.7.2004

16.5.2009

15

Shri. Arun Jaitley

3.6.2009

Rajya Sabha has played a constructive and effective role in our polity. Its performance in the legislative field and in influencing the Government policies has been quite significant. Rajya Sabha has, in fact, worked in a spirit of cooperation with Lok Sabha as per the Constitutional mandate. Rajya Sabha has prevented hasty legislation and has served as dignified chamber representing the federal principle. As a federal chamber, it has worked for the unity and integrity of the nation and has reinforced the faith of the people in parliamentary democracy.

Legislative Functions of Rajya Sabha

What is a Bill
A Bill is a draft statute which becomes law after it is passed by both the Houses of Parliament and assented to by the President. All legislative proposals are brought before Parliament in the forms of Bills.

Types of Bills and their Specific Features

(i) Bills may be broadly classified into Government Bills and Private Members Bills depending upon their initiation in the House by a Minister or a Private Member.

(ii) (a) (b) (c) (d) (e) (f) (g) (h)

Content Original Amending Consolidating Expiring Laws

wise, Bills Bills Bills which which which Bills seek which

Bills embody seek to seek to consolidate to

are new modify, existing Acts to validity which,

further proposals, amend or ideas

classified or existing particular on a specified

into policies, Acts, subject, date, Book, actions, Ordinances,

revise on a

law/enactments otherwise, cleanse to replace would

(Continuance) and

continue Bill give to

expire

Repealing Validating

amending Acts to

the

Statute certain

Bills Money and

Financial

Bills,

and

(i) Constitution Amendment Bills.

(iii) (i) (ii) (iii)

However,

procedurally,

the Ordinary

Bills

are

classified

as Bills

Money Ordinance

Bills Replacing

and

Financial Bills

Bills and

(iv) Constitution Amendment Bills.

(iv)

Money Bills are those Bills which contain only provisions dealing with all or any of the matters specified in sub-clauses (a) to (f) of clause (1) of

article 110 of the Constitution. Financial Bills can be further classified as Financial Bills Categories A and B. Category A Bills contain provisions dealing with any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 and other matters and Category B Bills involve expenditure from the Consolidated Fund of India.

Except Money Bills and Financial Bills, Category A, which can be introduced only in the Lok Sabha, a Bill may originate in ei ther House of Parliament. As per the provisions of article 109 of the Constitution, the Rajya Sabha has limited powers with respect to Money Bills. A Money Bill after having been passed by the Lok Sabha, and sent to Rajya Sabha for its recommendations, has to be returned to Lok Sabha by the Rajya Sabha, with in a period of fourteen days from the date of its receipt, with or without recommendations. It is open for the Lok Sabha, to either accept or reject all or any of the recommendations of the Rajya Sabha. If the Lok Sabha accepts any of the recommendations of the Rajya Sabha, the Money Bill is deemed to have been passed by both Houses with the amendments recommended by the Rajya Sabha and accepted by the Lok Sabha. If the Lok Sabha does not accept any of the recommendations of the Rajya Sabha, the Money Bill is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha without any of the amendments recommended by the Rajya Sabha. In case a Money Bill is not returned by the Rajya Sabha to the Lok Sabha within a period of fourteen days from the date of its receipt, it is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha after the expiry of said period.

(v)

Financial Bill Category A can only be introduced in the Lok Sabha on the recommendation of the President. However once it has been passed by

the Lok Sabha, it is like an ordinary Bill and there is no restriction on the powers of the Rajya Sabha on such Bills.

(vi)

Financial Bill Category B and Ordinary Bills can be introduced in either House of Parliament.

(vii)

Ordinance replacing Bills are brought before Parliament to replace an Ordinance, with or without modifications, promulgated by the President

under article 123 of the Constitution of a subject. To provide continuity to the provisions of the Ordinance, such a Bill has to be passed by the Houses of Parliament and assented to by the President within six weeks of the reassembly of Parliament.

(viii) (i)

As

per

the

procedure

laid

down

in

the

Constitution, for

Constitution their

Amendment passage

Bills

can in

be

of

three

types viz., House;

requiring

simple

majority

each

(ii) requiring special majority for their passage in each House i.e., a majority of the total membership of a House and by a majority of not less than two-thirds of the members of that House present and voting (article 368); and

(iii) requiring special majority for their passage and ratification by Legislatures of not less than one-half of the States by resolutions to that effect

passed by those Legislatures (proviso to clause (2) of article 368). A Constitution Amendment Bill under article 368 can be introduced in either House of Parliament and has to be passed by each House by special majority.

(ix) (a) (b) (c) is

Under provisions of article 108 of the Constitution, if after a Bill passed by one House and transmitted to the other House:rejected Houses have finally by disagreed as to the the amendments other to be made House; in the Bill; or or

the

more than six months elapse from the date of its receipt by the other House without the Bill being passed by it,

the President may, unless the Bill has elapsed by reason of a dissolution of the Lok Sabha, summon them to meet in a joint si tting for the purpose of deliberating and voting on the Bill. If at the joint sitting of the two Houses, the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed to have been passed by both Houses. However there is no provision of joint sittings on a Money Bill or a Constitution Amending Bill.

(x)

After the dissolution of Lok Sabha all Bills except the Bills introduced in the Rajya Sabha and pending therein, lapse.

Law making process (How a Bill becomes an Act)

(i) A Bill undergoes three readings in each House of Parliament. The First Reading consists of the Introduction of a Bill. The Bill is introduced after

adoption of a motion for leave to introduce a Bill in either of the House. With the setting up of the Department-related Parliamentary Standing Committees, invariably all Bills, barring Ordinance replacing Bills; Bills of innocuous nature and Money Bills, are referred to the these Committees for examination and report within three months. The next stage on a Bill i.e., second reading start only after the Committee summits its report on the Bill to the Houses. The Second Reading consists of two stages: the first stage consists of discussion on the principles of the Bill and its provisions generally on any of the following motions: that the Bill be taken into consideration; that the Bill be referred to a Select Committee of the Rajya Sabha ; that the Bill be referred to a Joint Committee of the Houses with the concurrence of the Lok Sabha; that it be circulated for the purpose of eliciting opinion thereon; and the second stage signifies the clause-by clause consideration of the Bill as introduced or as reported by the Select/Joint Committee. Amendments given by members to various clauses are moved at this stage. The Third Reading refers to the discussion on the motion that the Bill (or the Bill as amended) be passed or returned (to the Lok Sabha, in the case of a Money Bill) wherein the arguments are based against or in favour of the Bill. After a Bill has been passed by one House, it is sent to the other House where it goes through the same procedure. However the Bill is not again introduced in the other House, it is laid on the Table of the other House which constitutes its first reading there.

(ii) After a Bill has been passed by both Houses, it is presented to the President for his assent. The President can assent or withhold his assent to a Bill or he can return a Bill, other than a Money Bill, for reconsideration. If the Bill is again passed by the Houses, with or without amendment made by the President, he shall not withhold assent there from. But, when a Bill amending the Constitution passed by each House with the requisite majority is presented to the President, he shall give his assent thereto.

A Bill becomes an Act of Parliament after being passed by both the Houses of Parliament and assented to by the President.

The Lok Sabha (Hindi: ) or House of the People is the lower house of theParliament of India. Members of the Lok Sabha are elected by direct election underuniversal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India. The Constitution limits the Lok Sabha to a maximum of 552 members, including no more than 20 members representing people from the Union Territories, and two appointed non-partisan members to represent the Anglo-Indian community (if the President feels that that community is not adequately represented). Each Lok Sabha is formed for a five-year term, after which it is automatically dissolved, unless extended by a proclamation of emergency. In such cases, the term may be extended by one-year increments. The 15th Lok Sabha was formed in May 2009. An exercise to redraw Lok Sabha constituencies' boundaries has been carried out by the Delimitation Commission based on the Indian census of 2001. This exercise, which was supposed to be carried out after every census, was suspended in 1976 following aconstitutional amendment to avoid adverse [6] effects of the family planning program which was being implemented. Today, the Lok Sabha has its own TV channel, Lok Sabha TV, head-quartered within the premises of Parliament.

Membership qualifications
Membership of the Lok Sabha requires that the person be a citizen of India, aged 25 or over, mentally sound, should not be bankrupt and if the person has criminal proceedings in courts, the person has to mention it when they file their affidavit to the election commission. However, the person must not have been criminally convicted. For reserved seats, one should be member of the appropriate castes and/or tribes.

Duration of loksabha is five years, but it was increased by Indira Gandhi government to six years, by the 42nd Amendment, 1976. Later it changed back to 5 year by the 44th Amendment. [edit]Election

Model Code Of Conduct For Nomination & Scrutiny Of Candidates

As per The Model Code of Conduct set by Election Commission of India for guidance of political parties and candidates, and set norms to binds them to respect and observe same in its letter and spirit.[7]. The Election Commission of India is also implementing Supreme Courts order dated 13th March, 2003 relating to right to information of electors regarding criminal antecedents, assets and liabilities and educational qualifications of candidates. This makes it mandatory for candidates to disclosure of information about their assets and liabilities together with those of spouse or dependent children, through filing the nomination forms.[8]. Election Commission of India is also liable for publishing this information[9] [edit]Sessions

and working hours

First hour of every sitting is called the Question Hour, during which questions posed by members may be assigned to specificgovernment ministries, to be answered at a fixed date in the future. The Lok Sabha shares legislative power with the Rajya Sabha, except in the area of money bills, in which case the Lok Sabha has the ultimate authority. In the case of money bills, it is only sent to the Rajya Sabha for recommendations. In the case of other bills, the bill is sent for a period of 14 working days, and if it is not returned within that span of time, it is considered as passed. If conflicting legislationis enacted by the two Houses, a joint sitting is held to resolve the differences. In such a session, the members of the Lok Sabha would generally prevail, since the Lok Sabha includes more than twice as many members as the Rajya Sabha. Three sessions of Lok Sabha take place in a year:

Budget session: February to May. Monsoon session: July to September. Winter session: November to December.

[edit]Powers The Lok Sabha has certain powers that make it more powerful than the Rajya Sabha.

Motions of no confidence against the government can only be introduced and passed in the Lok Sabha. If passed by a majority vote, the Prime Minister and the Council of Ministers resigns collectively. The Rajya Sabha has no power over such a motion, and hence no real power over the executive. However, the Prime Minister may threaten the dissolution of the Lok Sabha and recommend this to the President, forcing an untimely general election. The President normally accepts this recommendation unless otherwise convinced that the Lok Sabha might recommend a new Prime Minister by a majority vote. Thus, both the executive and the legislature in India have checks and balances over each other. Money bills can only be introduced in the Lok Sabha, and upon being passed, are sent to the Rajya Sabha, where it can be deliberated on for up to 14 days. If not rejected by the Rajya Sabha, or 14 days lapse from the introduction of the bill in the Rajya Sabha without any action by the House, or recommendations made by the Rajya Sabha are not accepted by the Lok Sabha, the bill is considered passed. The budget is presented in the Lok Sabha by the Finance Minister in the name of the President of India. In matters pertaining to non-financial (ordinary) bills, after the bill has been passed by the House where it was originally tabled (Lok Sabha or Rajya Sabha), it is sent to the other house, where it may be kept for a maximum period of 6 months. If the other House rejects the bill or a period of 6 months elapses without any action by that House, or the House that originally tabled the bill does not accept the recommendations made by the members of the other house, it results in a deadlock. This is resolved by a joint session of both Houses, presided over by the president of

India and decided by a simple majority. The will of the Lok Sabha normally prevails in these matters, as its strength is more than double that of the Rajya Sabha.

Equal Powers with the Rajya Sabha in initiating and passing any Bill for Constitutional Amendment (by a majority of the total membership of the House and at least two-thirds majority of the members present and voting). Equal Powers with the Rajya Sabha in initiating and passing a motion for the impeachment of the President (by two-thirds of the membership of the House). Equal Powers with the Rajya Sabha in initiating and passing a motion for the impeachment of the judges of the Supreme Court and the state High Courts (by a majority of the membership of the House and at least two-thirds majority of the members present and voting). Equal Powers with the Rajya Sabha in initiating and passing a resolution declaring war or national emergency (by two-thirds majority) or constitutional emergency (by simple majority) in a state. If the Lok Sabha is dissolved before or after the declaration of a National Emergency, the Rajya Sabha becomes the sole Parliament. It cannot be dissolved. This is a limitation on the Lok Sabha. But there is a possibility that president can exceed the term to not more than 1 year under the proclamation of emergency and the same would be lowered down to six month if the said proclamation ceases to operate.

[edit]Rights

of Nominated Members

Nominated member have almost all rights as elected members. The nominated members have right to join political parties and to participate in the parliamentary debates. They also have the right to cast vote during confidence vote and other money bills. The only exception is that nominated members are not allowed to vote during presidential elections. [edit]Composition

by states and territories

No. of constituencies[10]

Subdivision

Type

Andaman and Nicobar Islands Union Territory 1

Andhra Pradesh

State

42

Arunachal Pradesh

State

Assam

State

14

Bihar

State

40

Chandigarh

Union Territory 1

Chhattisgarh

State

11

Dadra and Nagar Haveli

Union Territory 1

Daman and Diu

Union Territory 1

Subdivision

Type

No. of constituencies

[10]

Delhi

Union Territory 7

Goa

State

Gujarat

State

26

Haryana

State

10

Himachal Pradesh

State

Jammu and Kashmir

State

Jharkhand

State

14

Karnataka

State

28

Kerala

State

20

Lakshadweep

Union Territory 1

Madhya Pradesh

State

29

Maharashtra

State

48

Manipur

State

Meghalaya

State

Mizoram

State

Subdivision

Type

No. of constituencies

[10]

Nagaland

State

Orissa

State

21

Pondicherry

Union Territory 1

Punjab

State

13

Rajasthan

State

25

Sikkim

State

Tamil Nadu

State

39

Tripura

State

Uttarakhand

State

Uttar Pradesh

State

81

West Bengal

State

42

[edit]Lok

Sabha and general election

Lok Sabha is constituted after the general election as follows:

Lok Sabha

General Election

1st Lok Sabha

Indian general election, 1951

2nd Lok Sabha Indian general election, 1957

3rd Lok Sabha Indian general election, 1962

4th Lok Sabha Indian general election, 1967

5th Lok Sabha Indian general election, 1971

6th Lok Sabha Indian general election, 1977

7th Lok Sabha Indian general election, 1980

8th Lok Sabha Indian general election, 1984

9th Lok Sabha Indian general election, 1989

10th Lok Sabha Indian general election, 1991

11th Lok Sabha Indian general election, 1996

12th Lok Sabha Indian general election, 1998

13th Lok Sabha Indian general election, 1999

14th Lok Sabha Indian general election, 2004

15th Lok Sabha Indian general election, 2009

Indented line [edit]Members

by party

Total Members (Excluding H. S.) - 542 Vacant Constituencies - 2

1 Banka (Bihar ) 2 Nellore (Andhra Pradesh )

Nominated Member - 2

Present members of Lok Sabha by political party and alliance up to 10 January 2012:

[11][12][13][14]

Alliances

Party

Seats

United Progressive Alliance Seats: 270

Indian National Congress

206

All India Trinamool Congress

19

Dravida Munnetra Kazhagam

18

Nationalist Congress Party

National Conference

Jharkhand Mukti Morcha

Indian Union Muslim League

Rashtriya Lok Dal

Viduthalai Chiruthaigal Katchi

Kerala Congress (Mani)

All India Majlis-e-Ittehadul Muslimeen

Nagaland People's Front

Sikkim Democratic Front

Bodoland Peoples Front

Alliances

Party

Seats

National Democratic Alliance Seats: 152

Bharatiya Janata Party

114

Janata Dal (United)

20

Shiv Sena

11

Shiromani Akali Dal

Telangana Rashtra Samithi

Asom Gana Parishad

Third Front Seats: 78

Communist Party of India (Marxist)

16

Communist Party of India

Revolutionary Socialist Party

All India Forward Bloc

Bahujan Samaj Party

21

Biju Janata Dal

14

All India Anna Dravida Munnetra Kazhagam 9

Telugu Desam Party

Janata Dal (Secular)

Alliances

Party

Seats

Marumalarchi Dravida Munnetra Kazhagam 1

Haryana Janhit Congress

Fourth Front Seats: 26

Samajwadi Party

22

Rashtriya Janata Dal

Other Parties and Independents Jharkhand Vikas Morcha (Prajatantrik) Seats: 15

Swabhimani Paksha

Bahujan Vikas Aaghadi

Yuvajana Sramika Rythu (YSR) Congress

All India United Democratic Front(AUDF)

Independents

Vacant

Nominated

Total

545

The politics of India (Hindi: ) takes place within the framework of a federalconstitutional republic, in which the President of India is head of state and the Prime Minister of India is the head of government. Executive power is exercised by the President and is independent of the legislature. Legislative power is vested in both the government and the two chambers of the Parliament of India, the Lok Sabha and the Rajya

Sabha. Federal and state elections generally take place within amulti-party system, although this is not enshrined in law. The judiciary is independent of the executive and the legislature, the highest national court being the Supreme Court of India. India is a nation that is characterized as a "sovereign socialist secular democratic republic". Like the United States, India has had a federal form of government since it adopted its constitution. However, the central government in India has greater power in relation to its states, and its central government is patterned after the British parliamentary system. The national government has the power to dismiss state governments under specific constitutional clauses or in case no majority party or coalition is able to form a government. The central government can also impose direct federal rule known as president's rule (or central rule). Locally, the Panchayati Raj system has several administrative functions. For most of the years since independence, the federal government has been guided by the Indian National Congress (INC). The two largest political parties have been the INC and the Bharatiya Janata Party (BJP). Although the two parties have dominated Indian politics, regional parties also exist. From 1950 to 1990, barring two brief periods, the INC enjoyed a parliamentary majority. The INC was out of power between 1977 and 1980, when the Janata Party won the election due to public discontent with the corruption (promulgation of Emergency with stringent forces) of Prime Minister Indira Gandhi. In 1989, a Janata Dal-led National Front coalition, in alliance with the Left Front coalition, won the elections but managed to [2] stay in power for only two years. As the 1991 elections gave no political party a majority, the INC formed a minority government under Prime Minister P.V. Narasimha Rao and was able [3] to complete its five-year term. The years 19961998 were a period of turmoil in the federal government with several short-lived alliances holding sway. The BJP formed a government briefly in 1996, followed by the United Front coalition that excluded both the BJP and the INC. In 1998, the BJP formed the National Democratic Alliance (NDA) with several other parties and became the first non-Congress government to complete a full five-year term.[4] In the 2004 elections, the INC won the largest number of Lok Sabha seats and formed a government with a coalition called the United Progressive Alliance (UPA), supported by various parties.[5] In the 2009 Lok Sabha elections, the INC more than 200 seats, a majority. Indian democracy has been suspended once.[6] Nevertheless, Indian politics is often described as chaotic. More than a fifth of parliament members face criminal charges.[6] Contents
[hide]
[1]

1 Central and State Governments

o o o

1.1 Legislative branch 1.2 State Government 1.3 Judicial branch

2 Political parties and elections 3 Local governance 4 Role of political parties 5 Political issues

o o o

5.1 Social issues 5.2 Economic issues 5.3 Law and order

6 See also 7 References 8 Further reading 9 External links [edit]Central

and State Governments

The central government exercises its broad administrative powers in the name of the President, whose duties are largely ceremonial. The president and vice president are elected indirectly for 5-year terms by a special electoral college. The vice president assumes the office of president in case of the death or resignation of the incumbent president.

The constitution designates the governance of India under two branches, namely: the executive branch and the legislative branch. Real national executive power is centered in the Council of Ministers, led by the Prime Minister of India. The President appoints the Prime Minister, who is designated by legislators of the political party or coalition commanding a parliamentary majority. The President then appoints subordinate ministers on the advice of the Prime Minister. In reality, the President has no discretion on the question of whom to appoint as Prime Minister except when no political party or coalition of parties gains a majority in the Lok Sabha. Once the Prime Minister has been appointed, the President has no discretion on any other matter whatsoever, including the appointment of ministers. But all Central Government decisions are nominally taken in his/her name. [edit]Legislative

branch

The constitution designates the Parliament of India as the legislative branch to oversee the operation of the government. India's bicameral parliament consists of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People or Council of Ministers). [edit]State

Government

States in India have their own elected governments, whereas Union Territories are governed by an administrator appointed by the president. Some of the state legislatures are bicameral, patterned after the two houses of the national parliament. The states' chief ministers are responsible to the legislatures in the same way the prime minister is responsible to parliament. Each state also has a presidentially appointed governor who may assume certain broad powers when directed by the central government. The central government exerts greater control over the union territories than over the States, although some territories have gained more power to administer their own affairs. Local state governments in India have less autonomy compared to their counterparts in the United States, Africa and Australia., [edit]Judicial

branch

India's independent judicial system began under the British, and its concepts and procedures resemble those of Common Lawcountries. The constitution designates the Supreme Court, the High Courts and the lower courts as the authority to resolve disputes among the people as well as the disputes related to the people and the government. The constitution through its articles relating to the judicial system provides a way to question the laws of the government, if the common man finds the laws as unsuitable for any community in India. [edit]Political

parties and elections

For other political parties see List of political parties in India. An overview on elections and election results is included inElections in India. Main article: Indian general election, 2009

ed

Summary of the 2009 April/May Lok Sabha election results of India Sources: [1][2] [3] [4] [5]

Alliances

Party

Seats won Change Popular Vote Vote %

Swing

United Progressive Alliance Seats: 262 Seat Change: +80 Popular Vote: 153,482,356 Popular Vote %: 37.22% Swing: +3.96%

Indian National Congress

206

+61

119,110,776 28.55% +2.02%

All India Trinamool Congress

19

+17

13,355,986

3.20% +1.13%

Dravida Munnetra Kazhagam

18

+2

7,625,397

1.83% +0.02%

Nationalist Congress Party

8,521,349

2.04% +0.24%

National Conference

+1

498,374

0.55% +0.42%

Jharkhand Mukti Morcha

1,665,173

0.40%

-0.07%

Indian Union Muslim League

+1

877,503

0.21% +0.01%

Viduthalai Chiruthaigal Katchi

+1

735,847

0.18% +0.18%

Kerala Congress (Mani)

+1

404,962

0.10% +0.05%

All India Majlis-e-Ittehadul Muslimeen

308,061

0.07%

-0.04%

Republican Party of India (Athvale)

378,928

0.09%

National Democratic Alliance Seats: 159 Seat Change: 17 Popular Vote: 102,689,312 Popular Vote %: 24.63% Swing: -4.88%

Bharatiya Janata Party

116

22

78,435,538 18.80%

-3.36%

Janata Dal (United)

20

+12

6,331,079

1.52%

-0.83%

Shiv Sena

11

6,454,850

1.55%

-0.26%

Rashtriya Lok Dal

+2

1,821,054

0.44%

-0.19%

Shiromani Akali Dal

4,004,789

0.96% +0.06%

Telangana Rashtra Samithi

2,582,326

0.62%

-0.01%

Asom Gana Parishad

1,773,103

0.43%

-0.10%

Indian National Lok Dal

1,286,573

0.31%

-0.19%

Third Front Seats: 79

Communist Party of India (Marxist)

16

27

22,219,111

5.33%

-0.33%

Seat Change: 30 Popular Vote: 88,174,229 Popular Vote %: 21.15% Swing: -1.06%

Communist Party of India

5,951,888

1.43% +0.02%

Revolutionary Socialist Party

-1

1,573,650

0.37%

-0.06%

All India Forward Bloc

-1

1,345,803

0.32%

-0.03%

Bahujan Samaj Party

21

+2

25,728,889

6.17% +0.84%

Biju Janata Dal

14

+3

6,612,552

1.59% +0.29%

All India Anna Dravida Munnetra Kazhagam

+9

6,953,591

1.67%

-0.52%

Telugu Desam Party

+1

10,481,348

2.51%

-0.53%

Janata Dal (Secular)

3,434,082

0.82%

-0.65%

Marumalarchi Dravida Munnetra Kazhagam

1,112,908

0.27%

-0.16%

Haryana Janhit Congress

+1

816,395

0.20% +0.20%

Pattali Makkal Katchi

1,944,619

0.47%

-0.09%

Fourth Front Seats: 27 Seat Change: -37 Popular Vote: 21,456,117 Popular Vote %: 5.14% Swing: -2.30%

Samajwadi Party

23

13

14,284,638

3.42%

-0.90%

Rashtriya Janata Dal

20

5,279,059

1.27%

-1.14%

Lok Janshakti Party

1,892,420

0.45%

-0.26%

Other Parties and Independents Assam United Democratic Front Seats: 16

+1

2,184,556

0.52% +0.52%

Seat Change: +9 Popular Vote: 27,146,939 Popular Vote %: 6.51% Swing: +2.04%

Jharkhand Vikas Morcha (Prajatantrik)

+1

963,274

0.23% +0.23%

Nagaland People's Front

832,224

0.20% +0.02%

Bodoland People's Front

+1

656,430

0.16% +0.16%

Swabhimani Paksha

+1

481,025

0.12% +0.12%

Bahujan Vikas Aaghadi

+1

223,234

0.05% +0.05%

Sikkim Democratic Front

159,351

0.04%

Independents

+4

21,646,845

5.19% +0.94%

Total

364 Political Parties

543

417,156,494

Notes

* Gave unconditional external support to the UPA-led government after the election

Note: Seat change for an alliance and popular vote swing is calculated as the sum of the individual seat changes and vote % respectively for its constituent parties as given here. Note: Telangana Rashtra Samithi (TRS) joined the NDA after voting took place in Andhra Pradesh, but before the votes were counted and results were in. Due to this change, some list TRS under their former alliance, the Third Front, rather than NDA, under pre-poll alliances.

[edit]Local

governance

Main article: Panchayati Raj On April 24, 1993, the Constitutional (73rd Amendment) Act, 1992 came into force to provide constitutional status to the Panchayati Raj institutions. This Act was extended to Panchayats in the tribal areas of eight States, namely Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Orissa and Rajasthan from 24 December 1996. The Act aims to provide 3-tier system of Panchayati Raj for all States having population of over 2 million, to hold Panchayat elections regularly every 5 years, to provide reservation of seats for Scheduled Castes, Scheduled Tribes and Women, to appoint State Finance Commission to make recommendations as regards the financial powers of the Panchayats and to constitute District Planning Committee to prepare draft development plan for the district. [edit]Role

of political parties

For other political parties see List of political parties in India. An overview on elections and election results is included inElections in India. As any other democracy, political parties represent different sections among the Indian society and regions, and their core values play a major role in the politics of India. Both the executive branch and the legislative branch of the government are run by the representatives of the political parties who have been elected through the elections. Through the electoral process, the people of India choose which majority in the lower house, a government can be formed by that party or the coalition.

Indian state governments led by various political parties as of March 2009.

India has a multi-party system, where there are a number of national as well as regional parties. A regional party may gain a majority and rule a particular state. If a party represents more than 4 states then such parties are considered as national parties. In the 64 years since India's independence, India has been ruled by the Indian National Congress (INC) for 51 of those years. The party enjoyed a parliamentary majority barring two brief periods during the 1970s and late 1980s. This rule was interrupted between 1977 to 1980, when the Janata Partycoalition won the election owing to public discontent with the controversial state of emergency declared by the then Prime Minister Indira Gandhi. The Janata Dal won elections in 1989, but its government managed to hold on to power for only two years. Between 1996 and 1998, there was a period of political flux with the government being formed first by the right-wing nationalist Bharatiya Janata Party (BJP) followed by a left-leaning United Front coalition. In 1998, the BJP formed the National Democratic Alliancewith smaller regional parties, and became the first non-INC and coalition government to complete a full five-year term. The 2004 Indian elections saw the INC winning the largest number of seats to form a government leading the United Progressive Alliance, and supported by left-parties and those opposed to the BJP. On 22 May 2004, Manmohan Singh was appointed the Prime Minister of India following the victory of the INC & the left front in the2004 Lok Sabha election. The UPA now rules India without the support of the left front. Previously, Atal Bihari Vajpayee had taken office in October 1999 after a general election in which a BJP-led coalition of 13 parties called the National Democratic Allianceemerged with a majority. Formation of coalition governments reflects the transition in Indian politics away from the national parties toward smaller, more narrowly-based regional parties. Some regional parties, especially in South India, are deeply aligned to the ideologies of the region unlike the national parties and thus the relationship between the central government and the state government in various states has not always been free of rancor. Disparity between the ideologies of the political parties ruling the centre and the state leads to severely skewed allocation of resources between the states. [edit]Political

issues

Main article: Socio-economic issues in India See also: Corruption in India [edit]Social

issues

The lack of homogeneity in the Indian population causes division between different sections of the people based on religion, region,language, caste and race. This has led to the rise of political parties with agendas catering to one or a mix of these groups. Some parties openly profess their focus on a particular group; for example, the Dravida Munnetra Kazhagam's and the All India Anna Dravida Munnetra Kazhagam's focus on the Dravidian population, and the Shiv Sena's pro-Marathi agenda. Some other parties claim to be universal in nature, but tend to draw support from particular sections of the population. For example, the Rashtriya Janata Dal(translated as National People's Party) has a vote bank among the Yadav and Muslim population of Bihar and the All India Trinamool Congress does not have any significant support outside West Bengal. The Bharatiya Janata Party, the party with the second largest number of MPs in the 15th Lok Sabha, has an image of being pro-Hindu. Such support from particular sections of the population affects the agenda and policies of such parties, and call into question their claims of being universal

representatives. The Congress may be viewed as the most secular party with a national agenda; however, it also practices votebank politics to gain the support of minorities, especially Muslims, through appeasement and pseudo-secularist strategies. Many political parties are involved in caste-, religionor language-based politics, which effects India's growth and progress. The narrow focus and votebank politics of most parties, even in the central government and central legislature, sidelines national issues such as economic welfare and national security. Moreover, internal security is also threatened as incidences of political parties instigating and leading violence between two opposing groups of people is a frequent occurrence. [edit]Economic

issues

Economic issues like poverty, unemployment, development are main issues that influence politics. Garibi hatao (eradicate poverty) has been a slogan of the Indian National Congress for a long time. The well known Bharatiya Janata Party is looked upon with grace as a political party that is indeed encouraging to free market economy, businesses and others. The Communist Party of India (Marxist)vehemently supports left-wing politics like landfor-all, right to work and has strongly opposed to neo-liberal policies such asglobalization, capitalism and privatization. The economic policies of most other parties do not go much further than providing populist subsidies and reservations. As a noteworthy case, the manifesto of the Samajwadi Party, the third largest party in the 15th Lok Sabha, for the 2009 general elections promised to reduce the use of computers upon being elected. [edit]Law

and order

Terrorism, Naxalism, religious violence and caste-related violence are important issues that affect the political environment of the Indian nation. Stringent anti-terror legislation such as TADA, POTA and MCOCA have received much political attention, both in favour and opposed. Law and order issues such as action against organized crime are not issues that affect the outcomes of elections. On the other hand, there is a criminalpolitician nexus. Many elected legislators have criminal cases against them. In July 2008, the Washington Timesreported that nearly a fourth of the 540 Indian Parliament members faced criminal charges, "including human trafficking, immigration rackets, embezzlement, rape and even murder".[7]