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CIVICS L-1 The Union Parliament

The Union Parliament of India consists of the President, Lok Sabha, and Rajya Sabha, with powers divided into Union, State, and Concurrent lists. It operates under a federal government structure, ensuring the division of powers and maintaining national unity while allowing states to preserve their cultural identities. The Lok Sabha is directly elected by the people, while the Rajya Sabha represents the states, and both houses have specific legislative, financial, and judicial powers, including the ability to amend the Constitution and control the Executive.

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0% found this document useful (0 votes)
8 views9 pages

CIVICS L-1 The Union Parliament

The Union Parliament of India consists of the President, Lok Sabha, and Rajya Sabha, with powers divided into Union, State, and Concurrent lists. It operates under a federal government structure, ensuring the division of powers and maintaining national unity while allowing states to preserve their cultural identities. The Lok Sabha is directly elected by the people, while the Rajya Sabha represents the states, and both houses have specific legislative, financial, and judicial powers, including the ability to amend the Constitution and control the Executive.

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GRADE 10- CIVICS

L-1 THE UNION PARLIAMENT


(OLD BUILDING) (NEW BUILDING)

The union parliament consist of the president and two houses- The house of the people known as
Lok Sabha and council pf the states known as Rajya sabha
The Parliament is a body of people’s representatives who have supreme power and authority of
governance in a democratic country.
According to article 276 in seventh schedule the power is divided into three list
1. Union list-central government has [power to make laws- defence,banking,currency,foreign
affairs and communication-total 97 subjects
2. State list-state government has power to make laws-police,trade,agriculture,irrigation-76
subjects
3. Concurrent list-Both central and state jointly makes law-
education,forest,marriage,adoption-contain 47 subjects

FEDERAL SET UP
1. India has a federal form of government which means that the power are divided between
the central and state government both central within their respective sphere.
2. Both central and state governments draw authority from the constitution of the country.
Importance of Federal government-
1. Although India has federal form of govt., it is not possible for the states to break away
from Indian union. This ensures and maintains the unity and the integrity of the country.
2. The federal setup allows them to maintain their cultural ang linguistic affiliations.
3. There is division of administrative, legislative powers between them and none can violate
any terms of the constitution.
4. The state also participate in the function of the functioning of government
5. The upper house (Rajya Sabha) mainly consist of representatives of the states.
LOK SABHA
1. The lok sabha is known as house of people as its members are directly elected by the
people of india.
2. Term/Tenure - 5 YEARS ( UNIVERSAL ADULT FRANCHISE) (2019 next 2024)
3. The members of Lok sabha are elected for the term of 5 years. It can be dissolved before
the term by president on advice of the PM and his cabinet
4. The term of the Lok sab ha can be extended for a year during an emergency.
COMPOSTION
1. The maximum strength of the Lok Sabha is 550 members
2. According to the constitution not more than 530 members can represent the state
and not more than 20 members can represent the UT.
3. Till January 2020 Anglo Indian provision is not allowed or expired
4. 80 from up,48 from Maharashtra ,Goa, Manipur and Meghalaya two each and
Mizoram, Nagaland and Sikkim one each .The UT of Delhi sends seven members to
Lok Sabha.

QUALIFICATION FOR MEMBERSHIP


1. He/She should be an Indian
2. He/She should be atleast 25 years of age
3. He/She have his name in the electoral rolls in some parts of the country
4. He/She should not be an insolvent i.e. he/she should not be in debt and should have the
ability to meet his financial commitments.
5. He/She should not hold any office of profit under the government.
6. He/She should not proclaimed criminal
7. He/She should not be of unsound mind.

DISQUALIFICATION OF MEMBERSHIP
1. Holding an Office of profit under the Government.
2. Unsoundness of mind Un-discharged insolvent.
3. Non-citizenship of India or acknowledgement of allegiance or adherence to a foreign
State.
4. Any other disqualification prescribed by Parliament.

VACANT OF SEAT

A seat in the Lok Sabha will become vacant in the following circumstances (during the normal
functioning of the House):

1. When the holder of the seat, by writing to the speaker, resigns.


2. When the holder of the seat is absent from 60 consecutive days of proceedings of the
House, without prior permission of the Speaker.
3. When the holder of the seat is subject to any disqualifications mentioned in the
Constitution or any law enacted by Parliament.
4. If a person is already a member of the state legislature and is elected to the Parliament,
he/she has to vacate his seat in the state legislature or vice versa
5. A seat may also be vacated when the holder stands disqualified under the 'Anti-Defection
Law'.

PARLIAMENTRY PROCEDURE
SESSION-
1. The president summon s each house of parliament.
2. Each house shall meet at least twice a year and the interval between two consecutive
sessions shall not be less than six months.
3. Normally there are three sessions in a year- the Budget session (Jan) is being brought by
Finance Minister, the Monsoon session (Jul-Aug) and the Winter session (Nov-Dec)
QUORUM-(Minimum number of members required to transact any business in the house)
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
a. Starred Questions are those to which the members of the House want oral answers in the
Parliament.
b. Unstarred Questions are those to which answers have to be given in a written form.
c. 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. The Presiding
Officer controls the House, when faced with heated discussion, charges and counter charges and
constant interruption by the member

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. Members draw the attention of the government on important
matters by bringing in the motions. Some important types of motions are
Adjournment Motion - (TO STOP WORK AND START DISSCUSSION ON SOME OTHER MATTER)
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- PASSES ONLY IN LOK SABHA
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


When the Government resigns because of the passing of the Motion of No-Confidence, the Prime
Minister can recommend the dissolution of the House. The President can dissolve the House
(LOK SABHA NOT RAJYA SABHA) if the Prime Minister recommends him and if there are no
parties which have the majority to form the government. The House can also be adjourned
(suspend) 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 (Om Birla -17th Lok Sabha- 19th June ,2019)
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.
1. All bills passed by the Lok Sabha have to be signed by the Speaker.
2. He puts issues to vote and announces the results.
3. The Speaker decides if a bill is an ordinary bill or a money bill.

Casting Vote-Where a bill enters a tie positions then the speaker gives a casting vote to decide
the fate of the bill concerned.

Administrative Functions
1. The Speaker receives all petitions and documents in the House.
2. He communicates all decisions which are taken in the House to the concerned authority.

Disciplinary Functions
1. The speaker maintains order in the House. He can suspend a member or in the case of
serious disorder may adjourn the House.
2. If indecent words are used by the members, the Speaker may order not to use such words in
the future.
3. The Speaker decides in accordance with the Constitution if a member stands disqualified
under the Anti-Defection Law. His decision is considered final.

Parliamentary Committees
1. The Speaker presides over some Committees of the House such as the Business Advisory
Committee and the Rules Committee.
2. He appoints the Chairmen of all committees in the House and issues directions to them.
Miscellaneous Functions
3. The Speaker presides over the joint sessions of both Houses.
4. He presides over the Conference of Presiding Officers of Legislative Bodies in India.
Rajya Sabha

The Upper House of the Parliament is known as the Rajya Sabha. It represents the states
in India. Term 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
1. The Rajya Sabha consists of 250 members.
2. Of these, 12 members are nominated by the President.
3. These are individuals who have contributed immensely to the fields of education,
sports, art, sciences, social service etc.
4. The remaining 238 members of the Rajya Sabha are elected by the members of
State Legislative Assemblies.
5. Seats are allocated to the states on the basis of their population. While Uttar
Pradesh sends 31 members, Mizoram sends only one member.
Qualification
1. He should be a citizen of India and should not be less than 30 years of age.
2. His name should be in the electoral rolls in some parts of the country.
3. He should not be under debt and should be able to meet his/her financial
requirements.
4. He should not hold any office of profit under the government.
5. He should not be a proclaimed criminal and should be of sound mind.

The Vice President is the presiding officer or the ex-officio Chairman of the Rajya
Sabha. He presides over the meetings of the Rajya Sabha and he votes in the House
only in the case of a tie. The Deputy Chairman is also elected from among the
members of the House. He performs all functions of the Chairman in the absence of
the latter.

DISQUALIFICATION SAME AS LOK SABHA

MANNER OF ELECTION FROM BOOK FOR RAJYA SABHA

Powers and Functions of the Lok Sabha and the Rajya Sabha (The Union Parliament)

Legislative Powers
1. Matter in the union list-The Lok Sabha and the Rajya Sabha make laws on the
Union List on important subjects such as foreign policy ,banking, defence etc.
2. Matter in the Concurrent list- 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.
3. Residuary power-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.
4. Matters in the State List- The State List comprises matter related to agriculture,
animal husbandry, public health, local government polices etc.
i. The Parliament can make laws on the subjects included in the State List during an
emergency.
ii. When the Rajya Sabha passes a resolution stating that the subject in the State List
is of national importance.
iii. When two or more states in the Rajya Sabha want laws on the subject in the State
List should be made by the Parliament.
5. Ordinances-The President can pass Ordinances at the time when the Parliament is
not in session. However, the Ordinances cease to exist after six weeks.
6. Power during emergency- 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.
1. The Budget-The Parliament passes the Union budget which consists of the total
income and expenditures of a financial year.
2. Supplementary Grant -The Parliament may ask for a Supplementary Grant if the
amount authorised for the current financial year is insufficient.
3. Vote on Account-If the Budget is not passed in the beginning of the financial
year i.e.April 1,there would be no money for the Executive to spend .There is,
therefore a device known as ‘Vote on account’ which the authorities the
Executive draw funds from the Consolidated Fund until the Budget is passed by
the Parliament.
4. Salaries-The Parliament decides on the salaries and allowances of the MPs.
5. Permission for the taxes- No taxes can be imposed on the people or money can
be sent by the Government without the approval of the Parliament.

Judicial Powers
1. Impeachment of the President-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.
2. Removal of Judges,etc. -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.
3. Punishment- The Parliament can punish a person for hampering the work of the
Parliament or for ridiculing them.

Electoral Functions
1. The Parliament with the State Legislatures elects the President of the country.
2. It also elects the Vice President of India.
3. 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.
Both Houses of Parliament can amend the Constitution. The amendment must be
passed by each house by majority of total membership and by a 2/3rd majority of
total members present and voting. Otherwise the amendment bill cannot be passed.
In some cases the amendment requires the ratification or approval of half of the
Legislative Assemblies of States.
Control over the Executive
1. Interpellation- 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.
2. Vote of No-Confidence- The Parliament can pass a motion of No-Confidence
against the government. If such a motion is passed, then the government has to
resign.
3. Adjournment Motion- 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.
4. Other Motion of Censure- The Parliament exercise its control over the
Government by other motions which, if passed, amount to no-confidence. They
include –motion of censure against a minister, rejection of a Government
Bill,passing of a private member’s bill against the wishes of the government etc.

CENSURE MOTION- A motion of Censure refers to strong disapproval against


an individual, minister, or entire council of ministers. A censure motion can
only be passed to criticize a particular act. A reason must be clearly stated
when a censure motion is passed.

5. 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.

CUT MOTION- A Cut Motion is a proposal moved by a Member of Parliament


against a specific allocation for a government department or ministry in the
Union Budget. These motions are usually to oppose and seek a reduction or
clarity in various Demands for Grants presented by the government.

Other Powers
1. The Parliament has the power to alter the name or the boundaries of any state. It
can also make new states.
2. It makes laws regarding the composition, jurisdiction and powers of the Supreme
Court.

Special Powers of the Rajya Sabha


1. 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.
2. If the Rajya Sabha demands that new all-India services should be made in
national interests, the Parliament may create new services.
3. 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


1. Motion of No-Confidence can be moved and passed only in the Lok Sabha. If it
is passed, the Government has to resign.
2. Money bills can only be introduced in the Rajya Sabha.
3. 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.

Differences between the Lok Sabha and the Rajya Sabha

S.NO. Sub-points LOK SABHA RAJYA SABHA


1. House It is known as the ‘House It is known as the ‘Upper House’.
of People’.
2. Elections The members are Its members are elected by the
elected directly by the members of the state Legislative
people of India. Assemblies.
3. Bill Money bills can originate Money bills cannot originate in
only in the Lok Sabha. the Rajya Sabha.
4. Presiding The Speaker is the Vice President is the presiding
Officer presiding officer of the officer of the Rajya Sabha.
House.
5. Represent It represents the people It represents states of the Indian
of India. Union.
6. Power It enjoys more powers It has less power than the Lok
than the Rajya Sabha. 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
1. 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
2. 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.
3. An independent Member of Parliament is disqualified if he joins any political
party after his election.

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