POLITY – PARLIAMENT

Contents

PARLIAMENT.. 2

Introduction: 2

Two Houses of Parliament: 2

Rajya Sabha: 2

Composition of Rajya Sabha: 2

Duration of Rajya Sabha: 3

Presiding officer of Rajya Sabha: 3

Special Powers of Rajya Sabha: 3

Lok Sabha. 3

Composition of Lok Sabha. 3

Duration of Lok Sabha. 4

Qualifications for Election as a Lok Sabha member: 4

Presiding officers of the Lok Sabha (Speaker and Deputy Speaker) 4

Pro Tem Speaker: 6

Sessions of Parliment. 6

Summoning: 6

Joint Sitting: 6

Prorogation: 7

Adjournment: 7

Adjournment sine die: 7

Dissolution: 7

What happens to the Bill if the Lok Sabha is dissolved.....?. 8

Quorum: 8

Lame-duck Session: 8

Devices of Parliamentary Proceedings: 8

Motions: 9

Half-an-Hour Discussion: 11

Short Duration Discussion: 11

Special Mention: 11

Resolutions: 11

Legislative procedures in Parliament: 12

Ordinary Bills: 12

Bill in the Second House: 13

Money Bills. 14

Financial Bills. 15

Constitution Amendment Bills: 15

Budget 15

Funds: 17

Powers of Parliament: 18

Important Committees of Parliament: 19


PARLIAMENT

Introduction:

Parliament is the legislative organ of the Union government. [Articles 79 to 122 in Part V of the Constitution] Article 79 provides that there shall be a Parliament for the Union which shall consist of the President and two Houses to be known as the council of states (Rajya Sabha or Upper House) and the House of the People (Lok Sabha or Lower House).
Parliament has financial control over the executive. Parliament is the sole authority to raise the taxes.

Two Houses of Parliament:

Rajya Sabha:

Composition of Rajya Sabha:

The maximum strength of the Rajya Sabha is fixed at 250, out of which, 238 are to be the representatives of the states and union territories (elected indirectly) and 12 are nominated by the president.

Present strength is 245, 229 members represent the states, 4 members represent the union territories and 12 members are nominated by the president.

1. Representation of States: The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies. The election is held in accordance with the system of proportional representation by means of the single transferable vote. The seats are allotted to the states in the Rajya Sabha on the basis of population.

2. Representation of Union Territories: The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose. This election is also held in accordance with the system of proportional representation by means of the single transferable vote. Only Delhi and Puducherry has representation to Rajya Sabha.

3. Nominated Members: The president nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in art, literature, science and social service.


Duration of Rajya Sabha:

Rajya Sabha is a permanent body and not subject to dissolution. However, one-third of its members retire every second year. The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament. Accordingly, the Parliament in the Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha shall be six years.

 

Presiding officer of Rajya Sabha:

·         The presiding officer of the Rajya Sabha is known as the Chairman. The vice-president of India is the ex-officio Chairman of the Rajya Sabha.

·         The Chairman of the Rajya Sabha can be removed from his office only if he is removed from the office of the Vice-President.

·         As a Presiding officer the powers of the chairman/Deputy Chairman is equal to Speaker of the Lok Sabha except in case of Joint sitting of the House, where Joint sitting of the houses is presided by the Speaker of the Lok Sabha.

·         Chairman of the Rajya Sabha does not have the power to decide the Bill is Money Bill or not.

·         The Vice-President cannot preside over a sitting of the Rajya Sabha as its Chairman when a resolution for his removal is under consideration.

Special Powers of Rajya Sabha:

          Some resolutions are introduced only in Rajya Sabha,

1.   Creation of All India services can only be introduced in Rajya Sabha first.

2.   A resolution seeking the removal of the Vice-President. [Art. 67]

3.   A resolution seeking legislation on any subject of the state list. [Art. 249]


Lok Sabha

Composition of Lok Sabha

The maximum strength of the Lok Sabha is fixed at 552. Out of this, 530 members are to be the representatives of the states, 20 members are to be the representatives of the union territories and 2 members are to be nominated by the president from the Anglo-Indian community. At present, the Lok Sabha has 545 members. Of these, 530 members represent the states, 13 members represent the union territories and 2 Anglo-Indian members are nominated by the President.

 

1.   Representation of States: The representatives of states in the LokSabha are directly elected by the people from the territorial constituencies in the states. The election is based on the principle of universal adult franchise.

2.   Representation of Union Territories: The Constitution has empowered the Parliament to prescribe the manner of choosing the representatives of the union territories in the Lok Sabha through direct elections.

3.   Nominated Members: The president can nominate two members from the Anglo-Indian community if the community is not adequately represented in the Lok Sabha.

 

Duration of Lok Sabha

Its normal term is five years from the date of its first meeting after the general elections, after which it automatically dissolves.

The term of the Lok Sabha can be extended during the period of national emergency be a law of Parliament for one year at a time for any length of time. This extension cannot continue beyond a period of six months after the emergency has called off.

 

Qualifications for Election as a Lok Sabha member:

·         He should be a citizen of India.

·         He should not be less than 25 years of age.

·         He should be a registered voter in any of the Parliamentary Constituencies in India.

·         He should not hold any office of profit.

 

Presiding officers of the Lok Sabha (Speaker and Deputy Speaker)

 

Speaker: He is the Chief Presiding officer of the Lok Sabha.

Article 93: The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, after its first sitting).

In case of vacancy; another member is elected from among its members.

It should be noted here that, whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly elected LokSabha meets.

Oath of Speaker: There is no procedure of oath swearing for the speaker

 

Roles, Powers and Functions of the Speaker: The Speaker is the head of the Lok Sabha.

He is the guardian of powers and privileges of the members, the House as a whole and its committees.
The Speaker of Lok Sabha has the following powers and duties:

1.    He maintains order and decorum in the House for conducting its business and regulating its proceedings.

2.   He adjourns the House or suspends the meeting in absence of a quorum.

3.   He decides whether a bill is a money bill or not.

4.   He does not vote in the first instance. But he can exercise a casting vote in the case of a tie.

5.   He presides over a joint setting of the two Houses of Parliament.

6.   He can allow a ‘secret’ sitting of the House at the request of the Leader of the House.

7.   He decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of defection under the provisions of the Tenth Schedule. He cannot be questioned in the court with regard to disqualification of members in the house.

8.   He appoints the chairman of all the parliamentary committees of the LokSabha and supervises their functioning. He himself is the chairman of the Business Advisory Committee, the Rules Committee and the General Purpose Committee.

 

Deputy Speaker

 

Like the Speaker, the Deputy Speaker is also elected by the LokSabha itself from amongst its members. The Deputy Speaker remains in office usually during the life of the Lok Sabha. He performs the duties of the Speaker’s office when it is vacant.

Ways of Vacation of office

1.   If he ceases to be a member of the Lok Sabha;

2.   If he resigns by writing to the Speaker; and

3.   If he is removed by a resolution passed by a majority of all the members of the Lok Sabha.

Such a resolution can be moved only after giving 14 days’ advance notice.

The Deputy Speaker has one special privilege, that is, whenever he is appointed as a member of a parliamentary committee, he automatically becomes its chairman.

When the Speaker presides over the House, the Deputy Speaker is like any other ordinary member of the House. He can speak in the House, participate in its proceedings and vote on any question before the House.

Pro Tem Speaker:

As provided by the Constitution, the Speaker of the last LokSabha vacates his office immediately before the first meeting of the newly elected LokSabha. Therefore, the President appoints a member of the LokSabha as the Pro tem Speaker. Usually, the senior most member is selected for this. The President himself administers oath to the Pro tem Speaker. The Pro tem Speaker has all the powers of the Speaker. He presides over the first sitting of the newly elected LokSabha. His main duty is to administer oath to the new members.

Sessions of Parliment

Summoning: The President from time to time summons each house of parliament to meet. But the maximum gap between two sessions of the parliament cannot be more than 6 months.

There are usually three sessions in a year:  

1.   The Budget Session (February to May);

2.   The Monsoon Session (July to September);

3.   The Winter Session (November to December).


The period between the prorogation of a House and its reassembly in a new session is called “recesses”.

Joint Sitting:

Under Article 108, there is a Provision of Joint sitting of both the Houses of the Parliament.
The Lok Sabha speaker presides over the joint sitting [Art. 118(4)].
There are only three occasions in the history of Indian Parliament that the joint sessions of the Parliament took place. They are as follows:

(i)  In May 1961, for Dowry Prohibition Bill, 1959.

(ii) In May 1978 for Banking Services Commission.

(iii)  In 2002 for POTA (Prevention of Terrorism Act).

 

Joint sitting of both Houses can be convened on two occasions:

(i)  For resolving any deadlock over the passage of a Bill.

(ii) Special address by the President at the commencement of the first session after each general election of the Lok Sabha; First Session of each year (the Budget Session).

Note: Joint sitting cannot be called for resolving deadlock regarding “Money Bill” and “Constitution Amendment Bill”.

 

Prorogation:
The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of a session is completed. Within the next few days, the President issues a notification for prorogation of the session. However, the President can also prorogue the House while in session.

 

Adjournment:
This is a short recess within a session of the Parliament, called by the presiding officer of the House. Its duration may be from a few minutes to days together.

Adjournment sine die:

When the House is adjourned without naming a day for reassembly, it is called adjournment sine die.

Dissolution:

Rajya Sabha, being a permanent House, is not subject to dissolution. Only the LokSabha is subject to dissolution.

The dissolution of the Lok Sabha may take place in either of two ways:

1.   Automatic dissolution, that is, on the expiry of its tenure of five years or the terms as extended during a national emergency; or

2.   Whenever the President decides to dissolve the House, which he is authorised to do. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.

 

 

 

What happens to the Bill if the Lok Sabha is dissolved.....?

1.   A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha).

2.   A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.

3.   A bill not passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.

4.   A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.

5.   A bill passed by both Houses but pending assent of the president does not lapse.

6.   A bill passed by both Houses but returned by the president for reconsideration of Houses does not lapse.

 

Quorum:
Quorum is the minimum number of members required to be present in the House before it can transact any business. It is one-tenth of the total number of members in each House including the presiding officer. It means that there must be at least 55 members present in the LokSabha and 25 members present in the RajyaSabha, to conduct the business of the house.

 

Lame-duck Session:

It refers to the last session of the existing LokSabha, after a new Lok Sabha has been elected. Those members of the existing LokSabha who could not get re-elected to the new LokSabha are called lame-ducks.

 

Devices of Parliamentary Proceedings:

Question Hour:

The first hour of every parliamentary sitting is slotted for this. During this time, the members ask questions and the ministers usually give answers. The questions are of three kinds, namely, starred, unstarred and short notice.

A starred question (distinguished by an asterisk) requires an oral answer and hence supplementary questions can follow.

An un-starred question, on the other hand, requires a written answer and hence, supplementary questions cannot follow.

A short notice question is one that is asked by giving a notice of less than ten days. It is answered orally.

 

Zero Hour:

The time gap between the question hour and the agenda is known as zero hour. The zero hour starts immediately after the question hour and lasts until the agenda for the day (i.e. regular business of the House) is taken up.

It is an Indian innovation in the field of parliamentary procedures and has been in existence since 1962.

Motions: Any matter of public importance should not be discussed without making the motion to the presiding officer.

1.   Substantive Motion: It is a self-contained independent proposal dealing with a very important matter like impeachment of the President or removal of Chief Election Commissioner.

2.    Substitute Motion: It is a motion that is moved in substitution of an original motion and proposes an alternative to it. If adopted by the House, it supersedes the original motion.

3.   Subsidiary Motion: It is a motion that, by itself, has no meaning and cannot state the decision of the House without reference to the original motion or proceedings of the House.

It is divided into three sub-categories:

(a)         Ancillary Motion: It is used as the regular way of proceeding with various kinds of business.

(b)         Superseding Motion: It is moved in the course of debate on another issue and seeks to supersede that issue.

(c)         Amendment: It seeks to modify or substitute only a part of the original motion.

Closure Motion: It is a motion moved by a member to cut short the debate on a matter before the House. If the motion is approved by the House, debate is stopped forthwith and the matter is put to vote. There are four kinds of closure motions:
(a) Simple Closure: It is one when a member moves that the ‘matter having been sufficiently discussed be now put to vote’.

(b) Closure by Compartments: In this case, the clauses of a bill or a lengthy resolution are grouped into parts before the start of the discussion/debate. The debate covers the part as a whole and the entire part is put to vote.

(c) Kangaroo Closure: Under this type, only important clauses are taken up for debate and voting and the intervening clauses are skipped over and taken as passed.
(d) Guillotine Closure: It is one when the undiscussed clauses of a bill or a resolution are also put to vote along with the discussed ones due to want of time (as the time allotted for the discussion is over).

Privilege Motion: It is concerned with the breach of parliamentary privileges by a minister. It is moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts. Its purpose is to censure the concerned minister.

Calling Attention Motion: It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter.

Adjournment Motion: It is introduced in the Parliament to draw attention of the House to a definite matter of urgent public importance, and needs the support of 50 members to be admitted. As it interrupts the normal business of the House, it is regarded as an extraordinary device. Rajya Sabha cannot use this device.

 

Censure Motion:

1. It should state the reasons for its adoption in the Lok Sabha.

2. It can be moved against an individual minister or a group of ministers or the entire council of ministers.

3. It is moved for censuring the council of ministers for specific policies and actions.
4. If it is passed in the Lok Sabha, the council of ministers need not resign from the office.

No-Confidence Motion:

1. It need not state the reasons for its adoption in the Lok Sabha.

2. It can be moved against the entire council of ministers only.

3. It is moved for ascertaining the confidence of Lok Sabha in the council of ministers.

4. If it is passed in the Lok Sabha, the council of ministers must resign from office.

Motion of Thanks: The first session after each general election and the first session of every financial year is addressed by the president.

This address of the president is discussed in both the Houses of Parliament
on a motion called the ‘Motion of Thanks’. At the end of the discussion, the motion is put to vote. This motion must be passed in the House. Otherwise, it amounts to the defeat of the government.

 

Half-an-Hour Discussion:

It is meant for discussing a matter of sufficient public importance, which has been subjected to a lot of debate and the answer to which needs elucidation on a matter of fact. The Speaker can allot three days in a week for such discussions. There is no formal motion or voting before the House.

 

Short Duration Discussion:

It is also known as two-hour discussion as the time allotted for such a discussion should not exceed two hours. The members of the Parliament can raise such discussions on a matter of urgent public importance. The Speaker can allot two days in a week for such discussions.

 

Special Mention:

A matter which is not a point of order or which cannot be raised during question hour, half-an hour discussion, short duration discussion or under adjournment motion, calling attention notice or under any rule of the House can be raised under the special mention in the Rajya Sabha.

 

Resolutions:
The members can move resolutions to draw the attention of the House or the government to matters of general public interest.

Resolutions are classified into three categories:

1. Private Member’s Resolution: It is one that is moved by a private member (other than a minister). It is discussed only on alternate Fridays and in the afternoon sitting.
2. Government Resolution: It is one that is moved by a minister. It can be taken up any day from Monday to Thursday.

3. Statutory Resolution: It can be moved either by a private member or a minister. It is so called because it is always tabled in pursuance of a provision in the Constitution or an Act of Parliament.

 

Legislative procedures in Parliament:

The legislative procedure is identical in both the Houses of Parliament. Every bill has to pass through the same stages in each House. A bill is a proposal for legislation and it becomes an act or law when duly enacted.

Bills introduced in the Parliament are of two kinds: public bills and private bills (also known as government bills and private members’ bills respectively). Though both are governed by the same general procedure and pass through the same stages in the House, they differ in various respects.

The bills introduced in the Parliament can also be classified into four categories:
1. Ordinary bills
2. Money bills
3. Financial bills
4. Constitution amendment bills

 

Ordinary Bills:

All the bills other Than Financial bills, Money bills and Constitution Amendment bills are ordinary bills. Such bills can be introduced in either House of Parliament without the recommendation of the President. These bills are passed by a simple majority in both the Houses.

Procedure for passing ordinary bill:

First Reading: An ordinary bill can be introduced in either House of Parliament. Such a bill can be introduced either by a minister or by any other member. The member who wants to introduce the bill has to ask for the leave of the House. When the House grants leave to introduce the bill, the mover of the bill introduces it by reading its title and objectives. No discussion on the bill takes place at this stage. Later, the bill is published in the Gazette of India. If a bill is published in the Gazette before its introduction, leave of the House to introduce the bill is not necessary. The introduction of the bill and its publication in the Gazette constitute the first reading of the bill.

 

 

Second Reading:

(a) Stage of General Discussion: The printed copies of the bill are distributed to all the members.
The principles of the bill and its provisions are discussed generally, but the details of the bill are not discussed. At this stage, the House can take any one of the following four actions:

(i)      It may take the bill into consideration immediately or on some other fixed date;

(ii)     It may refer the bill to a select committee of the House;

(iii)    It may refer the bill to a joint committee of the two Houses;

(iv)   It may circulate the bill to elicit public opinion.

 

(b) Committee Stage The usual practice is to refer the bill to a select committee of the House. This committee examines the bill thoroughly and in detail, clause by clause. It can also amend its provisions, but without altering the principles underlying it. After completing the scrutiny and discussion, the committee reports the bill back to the House.
(c) Consideration Stage The House, after receiving the bill from the select committee, considers the provisions of the bill clause by clause. Each clause is discussed and voted upon separately. The members can also move amendments and if accepted, they become part of the bill.

Third Reading: At this stage, the debate is confined to the acceptance or rejection of the bill as a whole and no amendments are allowed, as the general principles underlying the bill have already been scrutinised during the stage of second reading. If the majority of members present and voting accept the bill, the bill is regarded as passed by the House. Thereafter, the bill is authenticated by the presiding officer of the House and transmitted to the second House for consideration and approval. A bill is deemed to have been passed by the Parliament only when both the Houses have agreed to it, either with or without amendments.

 

Bill in the Second House: In the second House also, the bill passes through all the three stages, that is, first reading, second reading and third reading. There are four alternatives before this House:

(a) It may pass the bill as sent by the first house (ie, without amendments);
(b) It may pass the bill with amendments and return it to the first House for reconsideration;
(c) It may reject the bill altogether; and

(d) It may not take any action and thus keeps the bill pending.

 

Once after passing in both the houses, bill is sent to the president for assent. Here president may

(a) He may give his assent to the bill; or

(b) He may withhold his assent to the bill; or

(c) He may return the bill for reconsideration of the Houses.


Money Bills

Article 110 of the Constitution deals with the definition of  money bills. It states that a bill is deemed to be a money bill if it contains ‘only’ provisions dealing with all or any of the following matters:

Ø  The imposition, abolition, remission, alteration or regulation of any tax;

Ø  The regulation of the borrowing of money by the Union government;

Ø  The custody of the Consolidated Fund of India or the Contingency Fund of India, the payment of moneys into or the withdrawal of money from any such fund;

Ø  The appropriation of money out of the Consolidated Fund of India;

Ø  Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure;

Ø  The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money, or the audit of the accounts of the Union or of a state.


If any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha is final. His decision in this regard cannot be questioned in any court of law or in either House of Parliament or even the President.
The Constitution lays down a special procedure for the passing of money bills in the Parliament.

A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the president. Every such bill is considered to be a government bill and can be introduced only by a minister.

 

After a money bill is passed by the Lok Sabha, it is transmitted to the Rajya Sabha for its consideration. The Rajya Sabha has restricted powers with regard to a money bill. It cannot reject or amend a money bill. It can only make the recommendations. It must return the bill to the Lok Sabha within 14 days, whether with or without recommendations.

 

Financial Bills

Financial bills are those bills that deal with fiscal matters, that is, revenue or expenditure. However, the Constitution uses the term ‘financial bill’ in a technical sense. Financial bills are of three kinds:

1. Money bills—Article 110

2. Financial bills (I)—Article 117 (1): A financial bill (I) is a bill that contains not only any or all the matters mentioned in Article 110, but also other matters of general legislation. In one sense this bill is similar to Money Bill. This bill contains a borrowing clause, but does not exclusively deal with borrowing


3.
Financial bills (II)—Article 117 (3): A financial bill (II) contains provisions involving expenditure from the Consolidated Fund of India, but does not include any of the matters mentioned in Article 110. It is treated as an ordinary bill and in all respects; it is governed by the same legislative procedure which is applicable to an ordinary bill.

 

Constitution Amendment Bills:

Under Article 368, with the powers of Parliament to amend the Constitution, this Bill can be introduced in any of the two Houses without recommendation of the President. Such Bill must be passed by each House separately with a special majority.
Note: By the 24th Constitution Amendment Act, 1971, it is obligatory for the President to give his assent to the ‘Constitutional Amendment Bill’.

Budget

The Constitution refers to the budget as the ‘annual financial statement’. In other words, the term ‘budget’ has nowhere been used in the Constitution. It is the popular name for the ‘annual financial statement’ that has been dealt with in Article 112 of the Constitution.

Overall, the budget contains the following:

1. Estimates of revenue and capital receipts;

2. Ways and means to raise the revenue;

3. Estimates of expenditure;

4. Details of the actual receipts and expenditure of the closing financial year and the reasons for any deficit or surplus in that year; and

5. Economic and financial policy of the coming year, that is, taxation proposals, prospects of revenue, spending programme and introduction of new schemes/projects.

 

Stages in Enactment of Budget:

The budget goes through the following six stages in the Parliament:
1.
Presentation of budget.

The budget is presented in two parts—Railway Budget and General
Budget. Both are governed by the same procedure. The introduction of Railway Budget precedes that of the General Budget. While the former is presented to the LokSabha by the railway minister in the third week of February, the latter is presented to the LokSabha by the finance minister on the last working day of February. The Finance Minister presents the General Budget with a speech known as the ‘budget speech’.


2.
General discussion: The general discussion on budget begins a few days after its presentation. It takes place in both the Houses of Parliament and lasts usually for three to four days.

 

3. Scrutiny by departmental committees: After the general discussion on the budget is over, the Houses are adjourned for about three to four weeks. During this gap period, the 24 departmental standing committees of Parliament examine and discuss in detail the demands for grants of the concerned ministers and prepare reports on them.

 

4. Voting on demands for grants: In the light of the reports of the departmental standing committees, the Lok Sabha takes up voting of demands for grants. The demands are presented ministry wise. A demand becomes a grant after it has been duly voted.


5.
Passing of appropriation bill: The Constitution states that ‘no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law’. Accordingly, an appropriation bill is introduced to provide for the appropriation, out of the Consolidated Fund of India, all money required to meet:

(a) The grants voted by the Lok Sabha.

(b) The expenditure charged on the Consolidated Fund of India.



6. Passing of finance bill: The Finance Bill is introduced to give effect to the financial proposals of the Government of India for the following year. It is subjected to all the conditions applicable to a Money Bill.

 

Funds:
The Constitution of India provides for the following three kinds of funds for the Central government:

1. Consolidated Fund of India (Article 266)

2. Public Account of India (Article 266)

3. Contingency Fund of India (Article 267)

 

Consolidated Fund of India: It is a fund to which all receipts are credited and all payments are debited. In other words, (a) all revenues received by the Government of India; (b) all loans raised by the Government by the issue of treasury bills, loans or ways and means of advances; and (c) all money received by the government in repayment of loans forms the Consolidated Fund of India. All the legally authorised payments on behalf of the Government of India are made out of this fund. No money out of this fund can be appropriated (issued or drawn) except in accordance with a parliamentary law.

Public Account of India: All other public money (other than those which are credited to the Consolidated Fund of India) received by or on behalf of the Government of India shall be credited to the Public Account of India. This includes provident fund deposits, judicial deposits, savings bank deposits, departmental deposits, remittances and so on. This account is operated by executive action, that is, the payments from this account can be made without parliamentary appropriation. Such payments are mostly in the nature of banking transactions.

 

Contingency Fund of India: The Constitution authorised the Parliament to establish a ‘Contingency Fund of India’, into which amounts determined by law are paid from time to time. This fund is placed at the disposal of the president, and he can make advances out of it to meet unforeseen expenditure pending its authorisation by the Parliament. The fund is held by the finance secretary on behalf of the president. It is also operated by executive action.

Powers of Parliament:

·         The Constitution also empowers the Parliament to make laws on the subjects enumerated in the State List

·         All the ordinances issued by the president (during the recess of the Parliament) must be approved by the Parliament within six weeks after its reassembly.

·         The Parliament exercises control over the Executive through question-hour, zero hour, half-an-hour discussion, short duration discussion, calling attention motion, adjournment motion, no-confidence motion, censure motion and other discussions.

·         The first function of Parliament can be said to be to select the group which is to form the government, support and sustain it in power so long as it enjoys its confidence.

·         The parliamentary exercises control over the Executive in financial matters operates in two stages:

(a) Budgetary control, that is, control before the appropriation of grants through the enactment of the budget; and

(b) Post-Budgetary control, that is, control after the appropriation of grants through the three financial committees.

·         Parliament can amend the Constitution in three ways:

(a) By simple majority;

(b) By special majority; and

(c) By special majority but with the consent of half of all the state legislatures.
The constituent power of the Parliament is not unlimited; it is subject to the ‘basic structure’ of the Constitution. In others words, the Parliament can amend any provision of the Constitution except the ‘basic features’ of the Constitution.

·         The judicial powers and functions of the Parliament include the following:

(a) It can impeach the President for the violation of the Constitution.

(b) It can remove the Vice-President from his office.

(c) It can recommend the removal of judges (including chief justice) of the Supreme Court and the high courts, chief election commissioner, comptroller and auditor general to the president.

(d) It can punish its members or outsiders for the breach of its privileges or its contempt.

·         It serves as the highest deliberative body in the country. It discusses various issues of national and international significance.

·         It can create or abolish the state legislative councils on the recommendation of the concerned state legislative assemblies.

·         It approves all the three types of emergencies (national, state and financial) proclaimed by the President.

Important Committees of Parliament:

Public Accounts Committee: This committee was set up first in 1921 under the
provisions of the Government of India Act of 1919 and has since been in existence. At present, it consists of 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha).
The term of office of the members is one year. A minister cannot be elected as a member of the committee.

The function of the committee is to examine the annual audit reports of the Comptroller and Auditor General of India (CAG), which are laid before the Parliament by the president.
Note: Since 1967 the Chairman of the Committee has been selected invariably from the Opposition.

Estimates Committee:

The first Estimates Committee in the post-Independence era was constituted in 1950 on the recommendation of John Mathai, the then finance minister. Originally, it had 25members but in 1956 its membership was raised to 30. All the 30 members are from the Lok Sabha only.

These members are elected by the Lok Sabha every year from amongst its members.
The term of office is one year. A minister cannot be elected as a member of the committee.
The function of the committee is to examine the estimates included in the budget and suggest ‘economies’ in public expenditure.

 

Committee on Public Undertakings:

This committee has 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha). The members are elected by the Parliament every year from amongst its members. The term of office of the members is one year.

A minister cannot be elected as a member of the committee.

The functions of the committee are:

·         To examine the reports and accounts of public undertakings.

·         To examine whether the affairs of the public undertakings are being managed in accordance with sound business principles and prudent commercial practices