System of Governance: The Parliament of India:
Posted inPolity System of Governance Union and State Governments

System of Governance: The Parliament of India:

June 5, 2024

Structure and Functions

The Parliament of India is the supreme legislative body of the country, responsible for enacting laws, representing the electorate, and overseeing the executive branch. It consists of two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). This article explores the structure and functions of the Parliament, detailing its composition, legislative process, committees, powers and privileges of members, roles of key officials, and the procedure for joint sessions.

1. Composition of Rajya Sabha and Lok Sabha

Rajya Sabha:

  • The Rajya Sabha is the upper house of Parliament, representing the states and union territories of India. It has a maximum strength of 250 members.
  • Election and Nomination: 238 members are elected by the elected members of State Legislative Assemblies and by the members of the Electoral College for Union Territories, through proportional representation by means of a single transferable vote. The President of India nominates 12 members from fields like literature, science, art, and social service.
  • Term: Members serve staggered six-year terms, with one-third of the members retiring every two years.
  • Leadership: The Vice-President of India serves as the ex-officio Chairman of the Rajya Sabha. The Deputy Chairman is elected from among its members.

Lok Sabha:

  • The Lok Sabha is the lower house of Parliament, directly representing the people of India. It has a maximum strength of 552 members.
  • Election: Members are directly elected by the people from single-member constituencies through general elections, based on universal adult suffrage.
  • Term: The Lok Sabha has a term of five years, but it can be dissolved earlier by the President.
  • Leadership: The Speaker, elected by the members, presides over the Lok Sabha. The Deputy Speaker is also elected from among its members.

2. Legislative Process: How a Bill Becomes a Law

Introduction:

  • A bill can be introduced in either house of Parliament, except for money bills which must be introduced in the Lok Sabha. Bills can be introduced by ministers (government bills) or by private members (private member bills).

Stages of a Bill:

  1. First Reading: The bill is introduced, and its objectives are read out. It is then published in the official gazette.
  2. Second Reading: This stage involves two sub-stages:
  • General Discussion: Members debate the principles and general merits of the bill.
  • Committee Stage: The bill is referred to a standing committee for detailed examination. The committee scrutinizes the bill and submits its report.
  1. Consideration Stage: The bill, along with the committee’s recommendations, is discussed clause by clause. Amendments can be proposed and voted upon.
  2. Third Reading: The final version of the bill is debated. If passed by a majority vote, it is sent to the other house.

In the Other House:

  • The process is repeated in the other house. If the second house passes the bill without amendments, it is sent to the President for assent. If amendments are made, the bill returns to the originating house for approval.

Presidential Assent:

  • The President can either give assent, withhold assent, or return the bill (except money bills) with a request for reconsideration. If both houses pass the bill again with or without amendments, the President must give assent.

3. Parliamentary Committees: Types and Functions

Standing Committees:

  • Departmental Standing Committees: These committees scrutinize the functioning of various ministries and departments.
  • Public Accounts Committee (PAC): Examines government expenditures to ensure they are in accordance with the Parliament’s decisions.
  • Estimates Committee: Examines how funds allocated by Parliament are utilized.
  • Committee on Public Undertakings: Reviews the performance of public sector enterprises.

Select and Joint Committees:

  • Select Committees: Formed for a specific purpose and to examine particular bills.
  • Joint Committees: Composed of members from both houses to address specific issues or bills.

Ad Hoc Committees:

  • Inquiry Committees: Established to investigate specific issues.
  • Consultative Committees: Facilitate discussions between ministers and members on policies and programs.

Functions:

  • Detailed examination of bills and issues.
  • Oversight of government functioning.
  • Ensuring accountability and transparency.
  • Providing expert advice on specialized matters.

4. Powers and Privileges of Members of Parliament

Powers:

  • Legislative Powers: MPs participate in the law-making process, proposing, debating, and voting on bills.
  • Financial Powers: They oversee government expenditure and revenue collection through budget discussions and committees.
  • Constituency Representation: MPs represent the interests and concerns of their constituents in Parliament.
  • Oversight Functions: They question ministers, participate in debates, and serve on committees to ensure government accountability.

Privileges:

  • Freedom of Speech: MPs can speak freely in Parliament without fear of legal action.
  • Immunity from Arrest: MPs cannot be arrested during sessions and 40 days before and after a session, except in cases of treason, felony, or breach of peace.
  • Exemption from Jury Service: MPs are exempt from serving on a jury or as witnesses in court cases during parliamentary sessions.
  • Right to Information: They have access to government information and documents necessary for their parliamentary duties.

5. Role of the Speaker and the Chairman

Speaker of the Lok Sabha:

  • Presiding Officer: The Speaker presides over Lok Sabha sessions, ensuring orderly conduct of business.
  • Maintaining Decorum: Responsible for maintaining discipline and decorum in the house.
  • Deciding Authority: The Speaker decides on points of order and has the final say in all procedural matters.
  • Casting Vote: In case of a tie, the Speaker casts the deciding vote.
  • Committee Appointments: Appoints members to various parliamentary committees.

Chairman of the Rajya Sabha:

  • Presiding Officer: The Vice-President of India, as the Chairman, presides over Rajya Sabha sessions.
  • Maintaining Order: Ensures smooth conduct of proceedings and adherence to parliamentary rules.
  • Deciding Authority: Decides on procedural issues and points of order.
  • Committee Oversight: Oversees the functioning of committees in the Rajya Sabha.

6. Joint Sessions of Parliament: Purpose and Process

Purpose:

  • Resolving Deadlocks: Joint sessions are convened to resolve deadlocks between the two houses on certain bills.
  • Constitutional Mandate: Article 108 of the Indian Constitution provides for joint sessions.

Process:

  • Convening a Joint Session: The President summons a joint session on the advice of the Prime Minister.
  • Presiding Officer: The Speaker of the Lok Sabha presides over the joint session.
  • Debate and Voting: Members from both houses debate the bill. The bill must be passed by a simple majority of the members present and voting.
  • Bill Becomes Law: If passed, the bill is considered approved by both houses and sent for the President’s assent.

Conclusion:
The Parliament of India is a vital institution in the country’s democratic framework. Understanding its structure and functions, from the composition of the Rajya Sabha and Lok Sabha to the legislative process, the role of committees, and the powers and privileges of MPs, is crucial for comprehending how laws are made and governance is conducted. The roles of the Speaker and the Chairman, along with the procedures for joint sessions, ensure that the legislative process remains robust and effective. This knowledge is indispensable for UPSC aspirants preparing for the civil services examination.