LEGISLATURE

LEGISLATURE

Legislature of the Union which is called Parliament , consists of President and two

Houses, known as Council of States (Rajya Sabha) and House of the People (Lok

Sabha). Each House has to meet within six months of its previous sitting. A joint

sitting of two Houses can be held in certain cases.

RAJYA SABHA

The Constitution provides that the Rajya Sabha shall consist of 12 members to be

nominated by the President from amongst persons having special knowledge or

practical experience in respect of such matters as literature, science, art and social

service; and not more than 238 representatives of the States and of the Union Territories.

Elections to the Rajya Sabha are indirect; members representing States are elected

by elected members of legislative assemblies of the States in accordance with the

system of proportional representation by means of the single transferable vote, and

those representing Union Territories are chosen in such manner as Parliament may

by law prescribe. The Rajya Sabha is not subject to dissolution; one-third of its members

retire every second year.

Rajya Sabha, at present, has 245 seats. Of these, 233 members represent the

States and the Union Territories and 12 members are nominated by the President. The

names of members of Rajya Sabha and party affiliation are given in Appendices.

LOK SABHA

The Lok Sabha is composed of representatives of people chosen by direct election on

the basis of adult suffrage. The maximum strength of the House envisaged by the

Constitution is now 552 (530 members to represent the States, 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 of the Lok Sabha 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, as far as practicable, the same

for all States. The Lok Sabha at present consists of 545 members. Of these, 530 members

are directly elected from the States and 13 from Union Territories while two are

nominated by the President to represent the Anglo-Indian community. Following the

Constitution 84th Amendment Act, 2001 the total number of existing seats as allocated

to various States in the Lok Sabha on the basis of the 1971 census shall remain

unaltered till the first census to be taken after the year 2026.

The term of the Lok Sabha, unless dissolved earlier is five years from the date

appointed for its first meeting. 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. Fourteen Lok Sabhas have been co nstituted

so far. The term of each Lok Sabha and its Speaker(s) is given in table 3.1.

The State-wise allocation of seats in the two Houses and the party position in

the Lok Sabha is given in table 3.2. The names of members of the Fourteenth Lok

Sabha, their constituencies and party affiliations are given in Appendices.

QUALIFICATION FOR MEMBERSHIP OF PARLIAMENT

In order to be chosen a member of Parliament, a person must be a citizen of India and

not less than 30 years of age in the case of Rajya Sabha and not less than 25 years of

age in the case of Lok Sabha. Additional qualifications may be prescribed by

Parliament by law.

FUNCTIONS AND POWERS OF PARLIAMENT

As in other parliamentary democracies, the Parliament in India has the cardinal

functions of legislation, overseeing of administration, passing of the Budget,

ventilation of public grievances and discussing various subjects like development

plans, national policies and international relations. The distribution of powers between

the Union and the States, followed in the Constitution, emphasises in many ways the

general predominance of Parliament in the legislative field. Apart from a wide-range

of subjects, even in normal times, the Parliament can, under certain circumstances,

assume legislative power with respect to a subject falling within the sphere exclusively

reserved for the States. The Parliament is also vested with powers to impeach the

President and to remove the Judges of Supreme Court and High Courts, the Chief

Election Commissioner and the Comptroller and Auditor General in accordance

with the procedure laid down in the Constitution.

All legislation require consent of both the Houses of Parliament. In the case of

money bills, however, the will of the Lok Sabha prevails. Delegated legislation is also

subject to review and control by Parliament. Besides the power to legislate, the

Constitution vests in Parliament the power to initiate amendment of the Constitution.

PARLIAMENTARY COMMITTEES

The functions of Parliament are not only varied in nature, but considerable in volume.

The time at its disposal is limited. It cannot make very detailed scrutiny of all legislative

and other matters that come up before it. A good deal of Parliamentary business is,

therefore, transacted in the committees.

Both Houses of Parliament have a similar committee structure, with a few

exceptions. Their appointment, terms of office, functions and procedure of conducting

business are also more or less similar and are regulated as per rules made by the two

Houses under Article 118(1) of the Constitution.

Broadly, Parliamentary Committees are of two kinds—Standing Committees

and ad hoc Committees. The former are elected or appointed every year or periodically

and their work goes on, more or less, on a continuous basis. The latter are appointed

on an ad hoc basis as need arises and they cease to exist as soon as they complete the

task assigned to them.

Standing Committees : Among the Standing Committees, the three Financial

Committees—Committees on Estimates, Public Accounts and Public Undertakings—

constitute a distinct group as they keep an unremitting vigil over Government

expenditure and performance. While members of the Rajya Sabha are associated with Committees on Public Accounts and Public Undertakings, the members of the

Committee on Estimates are drawn entirely from the Lok Sabha.

The Estimates Committee reports on ‘what economies, improvements in

organisation, efficiency or administrative reform consistent with policy underlying

the estimates’ may be effected. It also examines whether the money is well laid out

within limits of the policy implied in the estimates and suggests the form in which

estimates shall be presented to Parliament. The Public Accounts Committee scrutinises

appropriation and finance accounts of Government and reports of the Comptroller

and Auditor-General. It ensures that public money is spent in accordance with

Parliament’s decision and calls attention to cases of waste, extravagance, loss or

nugatory expenditure. The Committee on Public Undertakings examines reports of the

Comptroller and Auditor-General, if any. It also examines whether public

undertakings are being run efficiently and managed in accordance with sound

business principles and prudent commercial practices.

Besides these three Financial Committees, the Rules Committee of the Lok Sabha

recommended setting-up of 17 Department Related Standing Committees (DRSCs).

Accordingly, 17 Department Related Standing Committees were set up on 8 April

1993. In July 2004, rules were amended to provide for the constitution of seven more

such committees, thus raising the number of DRSCs from 17 to 24. The functions of

these Committees are : (a) to consider the Demands for Grants of various Ministries/

Departments of Government of India and make reports to the Houses; (b) to examine

such Bills as are referred to the Committee by the Chairman, Rajya Sabha or the

Speaker, Lok Sabha, as the case may be, and make reports thereon; (c) to consider

Annual Reports of ministries/departments and make reports thereon; and (d) to

consider policy documents presented to the Houses, if referred to the Committee by

the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may be, and make

reports thereon.

Other Standing Committees in each House, divided in terms of their functions,

are (i) Committees to Inquire: (a) Committee on Petitions examines petitions on bills

and on matters of general public interest and also entertains representations on

matters concerning subjects in the Union List; and (b) Committee of Privileges examines

any question of privilege referred to it by the House or Speaker/Chairman; (ii)

Committees to Scrutinise : (a) Committee on Government Assurances keeps track of all

the assurances, promises, undertakings, etc., given by Ministers in the House and

pursues them till they are implemented; (b) Committee on Subordinate Legislation

scrutinises and reports to the House whether the power to make regulations, rules,

sub-rules, bye-laws, etc., conferred by the Constitution or Statutes is being properly

exercised by the delegated authorities; and (c) Committee on Papers Laid on the Table

examines all papers laid on the table of the House by Ministers, other than statutory

notifications and orders which come within the purview of the Committee on

Subordinate Legislation, to see whether there has been compliance with the provisions

of the Constitution, Act, rule or regulation under which the paper has been laid; (iii)

Committees relating to the day-to-day business of the House: (a) Business Advisory

Committee recommends allocation of time for items of Government and other business

to be brought before the Houses; (b) Committee on Private Members’ Bills and Resolutions

of the Lok Sabha classifies and allocates time to Bills introduced by private members,

recommends allocation of time for discussion on private members’ resolutions and

examines Constitution amendment bills before their introduction by private members in the Lok Sabha. The Rajya Sabha does not have such a committee. It is the Business

Advisory Committee of that House which recommends allocation of time for

discussion on stage or stages of private members’ bills and resolutions; (c) Rules

Committee considers matters of procedure and conduct of business in the House and

recommends amendments or additions to the Rules; and (d) Committee on Absence of

Members from the Sittings of the House of the Lok Sabha considers all applications from

members for leave or absence from sittings of the House. There is no such Committee

in the Rajya Sabha. Applications from members for leave or absence are considered

by the House itself; (iv) Committee on the Welfare of Scheduled Castes and Scheduled

Tribes, on which members from both Houses serve, considers all matters relating to

the welfare of Scheduled Castes and Scheduled Tribes which come within the purview

of the Union Government and keeps a watch whether constitutional safeguards in

respect of these classes are properly implemented; (v) Committees concerned with the

provision of facilities to members : (a) General Purposes Committee considers and advises

Speaker/Chairman on matters concerning affairs of the House, which do not

appropriately fall within the purview of any other Parliamentary Committee; and (b)

House Committee deals with residential accommodation and other amenities for

members; (vi) Joint Committee on Salaries and Allowances of Members of Parliament,

constituted under the Salary, Allowances and Pension of Members of Parliament Act,

1954, apart from framing rules for regulating payment of salary, allowances and

pension to Members of Parliament, also frames rules in respect of amenities like

medical, housing, telephone, postal, constituency and secretarial facility; (vii) Joint

Committee on Offices of Profit examines the composition and character of committees

and other bodies appointed by the Central and State governments and Union

Territories Administrations and recommends what offices ought to or ought not to

disqualify a person from being chosen as a member of either House of Parliament;

(viii) The Library Committee consisting of members from both Houses, considers matters

concerning the Library of Parliament; (ix) On 29 April 1997, a Committee on

Empowerment of Women with members from both the Houses was constituted with a

view to securing, among other things, status, dignity and equality for women in all

fields; (x) On 4 March 1997, the Ethics Committee of the Rajya Sabha was constituted.

The Ethics Committee of the Lok Sabha was constituted on 16 May 2000.

Ad hoc Committees : Such Committees may be broadly classified under two heads :

(a) committees which are constituted from time to time, either by the two Houses on a

motion adopted in that behalf or by Speaker/Chairman to inquire into and report on

specific subjects, (e.g., Committees on the Conduct of certain Members during President’s

Address, Committees on Draft Five-Year Plans, Railway Convention Committee, Committee

on Members of Parliament Local Area Development Scheme, Joint Committee on Bofors

Contracts, Joint Committee on Fertilizer Pricing, Joint Committee to enquire into irregularities

in securities and banking transactions, Joint Committee on Stock Market Scam, Joint Committees

on Security in Parliament Complex, Committee on Provision of Computers for Members of

Parliament, Offices of Political Parties and Officers of the Lok Sabha Secretariat; Committee

on Food Management in Parliament House Complex; Committee on Installation of Portraits/

Statues of National Leaders and Parliamentarians in Parliament House Complex, etc.), and

(b) Select or Joint Committees on Bills which are appointed to consider and report on a

particular Bill. These Committees are distinguishable from the other ad hoc committees

inasmuch as they are concerned with Bills and the procedure to be followed by them

as laid down in the Rules of Procedure and Directions by the Speaker/Chairman.