The Union Parliament

 The Union Parliament consists of the President and two

houses—The House of People commonly known as the Lok
Sabha and the Council of States known as the Rajya Sabha.
 The Parliament is a body of people’s representatives who
have the supreme power and authority of governance in a
democratic country.

Federal Government

India has a federal form of Government which means that the

powers are divided between the central and state governments
and both are supreme within their respective spheres. Both
central and state governments draw their authority from the
Constitution of the country.

Importance of the Federal Form of Government

 Although India has the federal form of Government, it is not

possible for the states to break away from the Indian Union.
This ensures and maintains the unity and the integrity of the
country.
 Because people belonging to various religions, cultures and

linguistic affiliations reside in the country, the federal setup

allows them to maintain their cultural and linguistic
affiliations.
 Both union and state governments draw their power and the

authority from the Constitution. There is division of

administrative and legislative powers between them and none
can violate any terms of the Constitution.
 The states also participate in the functioning of the

government. The Upper House (Rajya Sabha) mainly consists

of the representatives of the states.
 The Constitution has provided the central and state

governments with adequate financial resources to carry out

their duties towards the people.
  The Constitution of the country does not give equal
representation to the states in the Rajya Sabha. States get
representation based on the population of their states.
 There exist administrative units known as the Union
Territories which are directly administered by the central
government. This has further increased the power of the
central government.

NON-FEDERAL OR UNITARY FEATURES

1. A strong centre
2. A single constitution for Union and States
3. Flexibility of the Constitution
4. Single Citizenship
5. Inequality of Representation in the Rajya Sabha
6. Existence of Union Territories

Lok Sabha
The Lok Sabha is known as the House of People as its members
are directly elected by the people of India.

 The members of the Lok Sabha are elected for a period of five
years. However, it can be dissolved before completing its
term by the President on the advice of the Prime Minister and
his cabinet.
 The term of the Lok Sabha can be extended for a year during
an emergency.

Composition

 The maximum strength of the Lok Sabha is 552 members.

 According to the Constitution, not more than 530 members
can represent the states and not more than 20 members can
represent the union territories.
  The president may appoint two members of the Anglo Indian
community.
 Seats in the Lok Sabha are allotted to the states on the basis
of their population. For example, Uttar Pradesh being the
most populous state in India sends 80 members to the Lok
Sabha, while Sikkim and Goa sends one and two members,
respectively.

Qualification

 He should be a citizen of India and should not be less than 25

years of age.
 His name should be in the electoral rolls in some parts of the
country.
 He should not be under debt and should be able to meet
his/her financial requirements.
 He should not hold any office of profit under the government.
 He should not be a proclaimed criminal and should be of
sound mind.

Disqualification of Membership

A Member of Parliament can be disqualified under the following

circumstances:

 If he holds any office of profit under the central or state

government.
 If any court declares him to be of unsound mind.
 If he is an insolvent or has not been able to pay his debts.
 If it is found that he is not a citizen of India or has willingly
acquired citizenship of any foreign state.
 If he is disqualified by law made by the Parliament.

Vacation of Seats

Seats of either the Lok Sabha or Rajya Sabha become vacant

under the following circumstances:

 If a member of the Parliament resigns from his seat.

 If a member remains absent from the House continuously for
a period of 60 days.
 If a member of the Parliament is elected to the State
Legislature, he has to give up his seat in the Parliament and
vice versa.

Procedures in the Parliament

There are certain procedures and sessions in the Parliament.
These are:
Sessions
 The President summons each House of the Parliament. Each
House has to meet for at least twice a year and the difference
between two consecutive sessions should not be less than
six months.
 Generally, there are three sessions—the Budget Session, the
Monsoon Session and the Winter Session.

Quorum
 No bills can be passed if the required number of members of

the Lok Sabha and Rajya Sabha are not present in the House.
This is known as quorum. The speaker may adjourn the
House until the requisite quorum or the required members are
present.

Question Hour
 Question Hour is a time in the Parliament when a member of a

House asks questions from the government on the matters of

public interests. This right of the members to ask questions
from the government is known as interpellation.
 The first hour of every working day in the Parliament is

reserved for Question Hour.

  There are three types of questions which can be asked in the
Parliament. These are
1. Starred Questions are those to which the members of the
House want oral answers in the Parliament.

2. Unstarred Questions are those to which answers have to be

given in a written form.

3. Short Notice Questions are asked with a notice shorter than

of ten days. It is up to a member to accept or to reject short
notice questions.

ZERO HOUR
The Zero Hour refers to the period which begins at 12 o'clock
soon after the Question Hour and continues till the lunch break
which begins at one o'clock.
During the Zero Hour/members raise all types of questions
without any permission or prior notice.

Types of Motions
A motion is a proposal made by a member of the House to take
some important matter related to public importance for
discussions.
Types of motions are:
Adjournment Motion
The adjournment motion is an extraordinary procedure which
leads to discussing the matters of urgent public opinion leaving
aside the normal businesses of the House. Such motions are
generally allowed on subjects such as a large-scale dacoity,
occurrence of a disastrous natural calamity, communal tension
etc.

No-Confidence Motion
A No-Confidence Motion is a proposal which expresses lack of
confidence in a Ministry. The Prime Minister and his Council of
Ministers are collectively responsible to the Parliament.
If a motion of No-Confidence is moved by the opposition with the
required support of at least 50 members, it is first discussed and
then put to vote. If the No-Confidence Motion is passed in the Lok
Sabha, the government has to resign.

Adjournment and the Prorogation of the House

Adjournment of the House means Suspension of the sitting of the
House by the Speaker.
The House can also be adjourned if a sitting or an ex member of
the House dies, there is too much disorder in the House or when
there is no quorum in the House.

Speaker of the Lok Sabha

The speaker of the Lok Sabha is the presiding officer of the
House. He/she is elected from among the members of the
Parliament after the general elections. After his/her elections, the
speaker has to act impartially. The Speaker is elected for a term of
five years. A Deputy Speaker looks after the proceedings of the
House if the Speaker is absent or his/her seat falls vacant.

Functions of the Speaker (related to conducting business of the

House)
The Speaker presides over the business of the House and allots
time for discussions. His decision in all parliamentary matters is
final.
 All bills passed by the Lok Sabha have to be signed by the
Speaker.
 He puts issues to vote and announces the results.
 The Speaker decides if a bill is an ordinary bill or a money
bill.
Administrative Functions
 The Speaker receives all petitions and documents in the

House.
 He communicates all decisions which are taken in the House

to the concerned authority.

Disciplinary Functions
 The speaker maintains order in the House. He can suspend a

member or in the case of serious disorder may adjourn the

House.
 If indecent words are used by the members, the Speaker may

order not to use such words in the future.

 The Speaker decides in accordance with the Constitution if a

member stand disqualified under the Anti-Defection Law. His

decision is considered final.

Parliamentary Committees
 The Speaker presides over some Committees of the House

such as the Business Advisory Committee and the Rules

Committee.
 He appoints the Chairmen of all committees in the House and

issues directions to them.

Miscellaneous Functions
 The Speaker presides over the joint sessions of both Houses.

 He presides over the Conference of Presiding Officers of

Legislative Bodies in India.

Rajya Sabha
The Rajya Sabha is a permanent House as it cannot be dissolved.
Members of the Rajya Sabha are elected for a period of six years
and one-third of the total members retire after every six years.

Composition
The Rajya Sabha consists of 250 members. Of these, 12 members
are nominated by the President. These are individuals who have
contributed immensely to the fields of education, sports, art,
sciences, social service etc. The remaining 238 members of the
Rajya Sabha are elected by the members of State Legislative
Assemblies. Seats are allocated to the states on the basis of their
population. While Uttar Pradesh sends 31 members, Mizoram
sends only one member.

Qualification
 He should be a citizen of India and should not be less than 30
years of age.
 His name should be in the electoral rolls in some parts of the
country.
 He should not be under debt and should be able to meet
his/her financial requirements.
 He should not hold any office of profit under the government.
 He should not be a proclaimed criminal and should be of
sound mind.

Powers and Functions of the Lok Sabha and the Rajya Sabha
Legislative Powers

 The Lok Sabha and the Rajya Sabha make laws on the Union
List on important subjects such as foreign policy and
defence.
  Both Houses also make laws on the Concurrent List. In case
of conflicts with the state governments, the laws made by the
Union Government are accepted.
 The Houses can make laws on the matters which are not
included in any of the three lists. This power is known as
residuary powers.
 The Parliament can make laws on the subjects included in the
State List during an emergency, when the Rajya Sabha
passes a resolution stating that the subject in the State List is
of national importance and when two or more states in the
Rajya Sabha want laws on the subject in the State List should
be made by the Parliament.
 The President can pass Ordinances at the time when the
Parliament is not in session. However, the Ordinances cease
to exist after six weeks.
 When there is a breakdown of Constitutional machinery in the
state, an emergency can be declared by the Parliament in that
state. The Parliament acts as the legislature in such a state
and assumes all important powers in the state.

Financial Powers
All bills except the Money Bill can originate in either House of the
Parliament. Money Bills can originate only in the Lok Sabha. The
Rajya Sabha plays only an advisory role in the financial sphere.
 The Parliament passes the Union budget which consists of

the total income and expenditures of a financial year.

 The Parliament may ask for a Supplementary Grant if the

amount authorised for the current financial year is

insufficient.
 If the Budget is not passed in the beginning of the financial

year, the executive may draw funds from the Consolidated

Fund until the Budget is passed by the Parliament.
 The Parliament decides on the salaries and allowances of the

MPs.
 No taxes can be imposed on the people or money can be sent

by the Government without the approval of the Parliament.

Judicial Powers
 The Parliament can impeach the President on the charges of

grave misconduct, violation of the Constitution etc. If the

charges against the President are passed by two-thirds
majority of both
 Houses, the President may be removed from his office.

 The Parliament can remove the judges of the Supreme Court

and High Courts, the Chief Election Commissioner, the

Comptroller and Auditor General of India if they are found to
be violating any provision of the Constitution.
 The Parliament can punish a person for hampering the work

of the Parliament or for ridiculing them.

Electoral Functions

The Parliament with the State Legislatures elects the President of

the country.
 It also elects the Vice President of India.

 Members of the Lok Sabha elect the Speaker among

themselves, while the Rajya Sabha elects its own Deputy

Chairman.

Amendment of the Constitution

 The Parliament can amend the Constitution. The amendments

should be passed by each House with two-thirds majority.

Other Powers

 The Parliament has the power to alter the name or the

boundaries of any state. It can also make new states.
 It makes laws regarding the composition, jurisdiction and
powers of the Supreme Court.

Control over the Executive

 The Parliament exercises control over the Executive by

posing questions to ministers related to public opinion during

 Question Hour. By asking questions, members can draw the
attention of the House and people towards unjust policies of
the government.
 The Parliament can pass a motion of No-Confidence against
the government. If such a motion is passed, then the
government has to resign.
 Adjournment motions can be passed on certain occasions
when a mishap takes place such as railway accidents, killing
of people during riots etc. Through this motion, the
Parliament draws the attention of the people towards acts of
omission and commission.
 A cut motion may be moved if the Parliament aims to reduce
the demand of grants presented to the Lok Sabha. It also
ensures that public money is spent in accordance with the
decisions of the Parliament.

Special Powers of the Rajya Sabha

 The Lok Sabha cannot make laws on subjects included in the
State List. Only if the Rajya Sabha passes a resolution by two-
thirds majority of the House, the Parliament can make laws on
the State List.
 If the Rajya Sabha demands that new all-India services should
be made in national interests, the Parliament may create new
services.
 If the Lok Sabha is dissolved before or after the declaration of
a national emergency, the Rajya Sabha plays the role of the
Lok Sabha.

Special Powers of the Lok Sabha

 Motion of No-Confidence can be moved and passed only in
the Lok Sabha. If it is passed, the
 Government has to resign.
 Money bills can only be introduced in the Rajya Sabha.
 In case of a deadlock over an ordinary bill, the will of the Lok
Sabha prevails as its numerical strength is double that of the
Rajya Sabha.
Anti-Defection Law
The Constitutional Act passed in 1985 is known as the Anti-
Defection Law. Members of Parliament and state legislatures can
be disqualified from the Parliament on the grounds of defecation.
These are:
 If a member of a party who is a parliamentarian abandons his

membership from a party or votes or abstains from voting

contrary to the directions issued by the party.
 A nominated Member of Parliament belonging to any party

can be disqualified if he gives up his membership and

abstains from voting contrary to the directions of the party.
 An independent Member of Parliament is disqualified if he

joins any political party after his election