Prime Minister
- Article 75: States that the Prime Minister is appointed by the President.
- The appointment of the leader of the majority party is a convention of the parliamentary system, not explicitly mentioned in the Constitution.
- A person not a member of Parliament can be appointed as PM, as held by the Supreme Court in the H.D. Deve Gowda case (1997) (not a constitutional provision).
- No requirement to prove majority before swearing-in: Ruled by the Delhi High Court in 1980.
- The PM advises the President on summoning and proroguing parliamentary sessions.
Council of Ministers (CoM)
- Principles of the Parliamentary System: Not detailed in the Constitution.
- Article 88:
- Ministers can participate in either House and in committees where they are members.
- Not entitled to vote in a House unless they are its member.
- Council of Ministers vs. Cabinet:
- CoM: Constitutional body, but does not meet collectively to transact business (hence, no collective function).
- Cabinet: Based on convention and has a collective function.
- Individual Responsibility of Ministers (Article 75(2)):
- Ministers are individually responsible to the President, as they serve at the Pleasure of the President.
- No provision for ‘legal responsibility’ in the Constitution, but there is a provision for individual responsibility.
- Though the Constitution does not grant immunity to ministers for official acts, they cannot be held liable in courts as they do not sign official acts.
- 91st Constitutional Amendment Act (2003):
- Council of Ministers capped at 15% of the total strength of Lok Sabha, but the actual size is determined by the Prime Minister.
Cabinet Committees
- Extra-Constitutional: Not mentioned in the Constitution but exist under the Transaction of Business Rules.
- Set up by: Prime Minister (not Speaker).
- Composition:
- Usually consists of Cabinet Ministers, but non-Cabinet Ministers can also be members.
- Membership ranges from 3 to 8 members.
Important Cabinet Committees
- Cabinet Committee on Political Affairs (CCoPA):
- Handles all major policy matters related to domestic and foreign affairs.
- Appointments Committee of the Cabinet (ACC):
- Comprises only the PM and Home Minister.
- Responsible for:
- Extending tenure and transfers of All India Services (AIS) officers.
- Resolving disagreements between ministries and the UPSC.
- Approving high-level appointments (Secretariat, Public Enterprises, Banks, etc.).
- Cabinet Committees where PM is NOT a part:
- CCo Accommodation
- CCo Parliamentary Affairs
Parliament: Lok Sabha vs. Rajya Sabha
| Feature | Lok Sabha | Rajya Sabha |
|---|---|---|
| Represents | The people as a whole | States and Union Territories (UTs) |
| Maximum Strength | 552 = 530 (States) + 20 (UTs) + 2 (Nominated) (Current: 545 = 530 + 13 + 2( 104th Constitutional Amendment Act was passed by the Indian Parliament in 2020. This amendment ended the Anglo-Indian community’s seat reservation in the Lok Sabha and State Legislative Assemblies ) | 250 = 238 (States & UTs) + 12 (Nominated) (Current: 245 = 229 + 4 + 12) |
| Representation of States | Lok Sabha: Members directly elected by the people (Territorial Representation). | Rajya Sabha: Members indirectly elected by elected members of State Assemblies (Proportional Representation). |
| Key Note on Representation | NOT ‘State Legislature’ (as it includes the Legislative Council in some states). SC/ST MLAs can vote but NOT contest RS elections. | |
| Representation of UTs | Lok Sabha: Through direct elections under the Union Territories (Direct Election to the House of the People) Act, 1965. | Rajya Sabha: Indirectly elected by a special electoral college (Only Delhi & Puducherry have RS representation). |
Rajya Sabha & Lok Sabha: Key Points
- Term of Rajya Sabha:
- Decided by Representation of the People Act (RPA), 1951, not the Constitution.
- RPA, 1951 also empowered the President to:
- Curtail the term of members of the first Rajya Sabha.
- Determine the retirement order of Rajya Sabha members.
- Allocation of Seats in Lok Sabha:
- Based on population ratio.
- Exception: Not applicable to states with a population of less than 6 million.
- Rajya Sabha Elections:
- Open Ballot System (Unlike LS elections, which use a secret ballot).
- Dissolution of Lok Sabha:
- Done by the President.
- Cannot be challenged in court and is irrevocable.
Qualifications for Membership
| As per Constitution | As per Representation of the People Act, 1951 |
|---|---|
| 1. Must be a citizen of India. | 1. Must be a registered elector in a parliamentary constituency (applies to both RS & LS). |
| 2. Must take an oath. | 2. SC/ST candidates contesting reserved seats must belong to that category. |
| 3. Minimum Age: 30 years for Rajya Sabha, 25 years for Lok Sabha. | |
| 4. Any additional qualifications prescribed by Parliament. |
Disqualifications for Membership
| As per Constitution | As per Representation of the People Act (RPA), 1951 |
|---|---|
| 1. Holding an office of profit under the government. | 1. Convicted of electoral offenses. |
| 2. Declared of unsound mind by a court. | 2. Convicted and sentenced to imprisonment of 2 years or more. |
| 3. An undischarged insolvent. | 3. Failure to report election expenses. |
| 4. Voluntarily acquired foreign citizenship or allegiance to a foreign state. | 4. Having a financial interest in government contracts. |
| 5. Any disqualification prescribed by Parliament. | 5. Being a director of a company in which the government holds 25% or more shares. |
| 6. Defection under the Tenth Schedule (Anti-Defection Law). | 6. Dismissed from government service for corruption or disloyalty. |
| 7. Promoting enmity between different groups. | |
| 8. Conviction for social crimes (e.g., bribery, dowry-related offenses, etc.). |
Office of Profit (OoP)
- Constitutional Provision:
- Holders of an OoP are barred from House membership (except Ministers, who are exempted).
- Parliament has the power to exempt certain offices from disqualification.
- Parliament (Prevention of Disqualification) Act, 1959: Lists offices exempted from disqualification.
- OoP Definition:
- Neither defined in the Constitution nor in RPA, 1951.
- Supreme Court (Pradyut Bordoloi vs. Swapan Roy, 2001): Established five conditions to determine an Office of Profit:
- Is the appointment made by the government?
- Can the government remove the appointee?
- Is there remuneration attached?
- Does the office perform functions for the government?
- Does the government exercise control over its functions?
- Jaya Bachchan vs. Union of India: Defined OoP as “an office capable of yielding profit or pecuniary gain.” → The potential for profit is the deciding factor.
Dual Membership
| Combination | Seat Becomes Vacant In |
|---|---|
| Lok Sabha + Rajya Sabha | Rajya Sabha |
| Two seats in the same House | Both |
| Parliament + State Legislature | Parliament |
- Section 33(7) of RPA, 1951: A candidate can contest a maximum of 2 seats in:
- Parliamentary elections (LS + RS)
- State Assembly elections
- Biennial Council elections
- Bye-elections
- Rajya Sabha Bye-Elections: Elected member serves only the remainder of the original term.
- Disqualified Person Elected to Parliament:
- No constitutional provision.
- Handled under RPA, 1951 → High Court decides the matter.
- No provision for MP pensions in the Constitution.
Majority Required for Election & Removal
| Position | Election (Required Majority) | Removal (Required Majority) |
|---|---|---|
| Speaker (LS) | Simple Majority | Absolute Majority (Total Membership) |
| Deputy Speaker (LS) | Absolute Majority (Total Membership) | Absolute Majority (Total Membership) |
| Chairman (RS) | Absolute Majority (Total Membership) | Not specified |
| Deputy Chairman (RS) | Absolute Majority (Total Membership) | Absolute Majority (Total Membership) |
Speaker of Lok Sabha
- Historical Origin: Office of Speaker & Chairman was first introduced in Government of India Act, 1919.
- Election Date: Decided by the President.
- Conduct in Parliament: Cannot be discussed except through a substantive motion.
- Resignation: Submitted to the Deputy Speaker (not the President).
- Removal Motion:
- Requires support of 50 members + 14 days’ advance notice.
- Can be removed only by Absolute Majority.
Deputy Speaker of Lok Sabha
- Election Date: Decided by the Speaker.
- Not subordinate to the Speaker → Directly responsible to the House.
- Notable Instance: 11th Lok Sabha → Deputy Speaker was from the Opposition party.
- Special Privilege: If a Deputy Speaker is a member of any parliamentary committee, they automatically become its Chairman.
Other Parliamentary Positions
| Position | Key Features |
|---|---|
| Panel of Chairpersons (LS) | Not in Constitution, but exists under Lok Sabha Rules. Nominated by Speaker (not President). |
| Speaker Pro Tem | Appointed by the President to administer the oath of newly elected MPs. |
| Chairman of Rajya Sabha (Vice President of India) | Not a member of the House, but can exercise a casting vote. |
| Deputy Chairman of Rajya Sabha | Elected by Rajya Sabha members, NOT appointed by the President. |
| Appeals Against Deputy Chairman’s Ruling | No appeal lies to the Chairman against a ruling by the Deputy Chairman or any other member presiding in the absence of the Chairman. However, the Deputy Chairman can reserve certain matters for the Chairman if they involve precedent or require further study. |
Leader of Opposition (LoP)
- Statutory position since 1977.
- Salary, allowances, and facilities are equivalent to those of a Cabinet Minister.
- Rajya Sabha Special Case:
- If two parties have equal numerical strength, the Chairman decides who will be LoP.
- Chairman’s decision is final and conclusive.
Suspension of Members for Disrupting Proceedings
| House | Suspension By | Revocation By |
|---|---|---|
| Lok Sabha | Speaker | House by motion (NOT by Speaker) |
| Rajya Sabha | House (Chairman has NO power) | House |
Secretariat of Parliament
- Constitutional Body under Article 98.
- Separate Secretariat for Lok Sabha & Rajya Sabha.
Sessions of Parliament
Adjournment vs. Prorogation
- Both adjournment & prorogation terminate a sitting of the House.
- Prorogation also terminates a session.
- Effects of Prorogation:
- Bills: Do NOT lapse.
- Notices: Lapse.
- PM advises President on summoning & proroguing Parliament.
Lapsing of Bills
| Bill Lapses | Bill Does NOT Lapse |
|---|---|
| Bills in Lok Sabha (Originated or transmitted by RS) | If President has notified intention for a Joint Sitting |
| Bills passed by LS, pending in RS | Bills pending in RS, NOT passed by LS |
| Bills pending for Presidential assent | All notices (except for introducing Bills) |
| Bills returned by President for reconsideration | All pending assurances before the Committee on Government Assurances |
| Impeachment motions |
Quorum
- Quorum includes:
- Elected + Nominated members + Presiding Officer.
Language in Parliament
- Constitutionally recognized languages: Hindi & English (vernaculars NOT allowed).
- Presiding officer can permit the use of a member’s mother tongue.
Devices of Parliamentary Proceedings
| Device | Moved By | Mentioned In | Description |
|---|---|---|---|
| Question Hour | Minister + Private Member | Rules of Procedure | 1. Starred – Oral + Supplementary Qs. 2. Unstarred – Written + No Supplementary Qs. 3. Short Notice Qs – Oral + Supplementary only if Speaker permits. |
| Zero Hour | NO | – | 1. Indian innovation (1962). 2. Questions without prior notice. |
| Motions | Minister or Member | MoGPI + Consent of Presiding Officer | 1. Substantive Motion – Independent motion, used for important matters like impeachment. 2. Substitute Motion – Replaces an original motion (amendments to it not allowed). 3. Subsidiary Motion – Depends on an original motion: a) Ancillary, b) Superseding, c) Amendment. |
| Closure Motion | Member | – | To cut short debates: 1. Simple Closure – When sufficient discussion has taken place. 2. Closure by Compartments – Clauses grouped together. 3. Kangaroo Closure – Debate only on important clauses. 4. Guillotine – All clauses (discussed + undiscussed) put to vote. |
| Privilege Motion | Member | – | 1. Censure of Minister for withholding/wrong facts. 2. Can be against any MP (not necessarily a Minister). 3. Rules 222 (LS) & 187 (RS). 4. Speaker/Chairman may decide directly or refer to the Privilege Committee. 5. Conditions: Incident must be recent & need House intervention. |
| Calling Attention Motion | Member | Rules of Procedure | 1. Indian innovation (1954). 2. Calls Minister’s attention to a Matter of Urgent Public Importance (MoUPI). 3. Seeks an authoritative statement. |
| Adjournment Motion | – | – | 1. Extraordinary device → Requires 50 members. 2. Brings attention to a definite MoUPI. 3. Only in Lok Sabha (as it involves censure against Govt.). 4. Restrictions: a) Matter must be definite, factual, urgent, & of PI. b) Only one matter, must be specific (not general). c) Cannot raise questions of privilege or matters already discussed. d) Cannot raise issues that can be addressed through distinct motions. |
| No-Confidence Motion | Against CoM | – | 1. Requires 50 members (Only LS). 2. Need NOT state reasons. 3. Not in Constitution → Procedure in Rule 198 of Lok Sabha Rules. 4. Speaker allocates date within 10 days. |
| Censure Motion | Against Minister/GoM/CoM | – | 1. Government need not resign. 2. Speaker’s permission NOT required (unlike No-Confidence Motion). |
| Motion of Thanks | – | – | 1. Mandatory after General Elections & each fiscal year. 2. MUST be passed. |
| Dilatory Motion | Member | – | 1. To adjourn debate on a Bill/motion/resolution. 2. Used to delay the business under consideration. |
| Point of Order | Member | – | 1. Raised when proceedings do NOT follow normal rules. 2. Raises issues within the cognizance of Speaker. 3. Usually raised by Opposition Members. |
| Half-an-Hour Discussion | Member | – | 1. Matter of sufficient PI. 2. No formal voting or motion. |
| Special Mention | – | – | 1. Rajya Sabha only. 2. Equivalent to ‘Notice Under Rule 377’ in Lok Sabha. |
| Resolutions | – | – | 1. All resolutions = substantive motions. 2. All resolutions require a vote. 3. Discussion must be strictly relevant to the scope of resolution. |
Money Bill and Financial Bills
Money Bill (Article 110)
- Matters included:
- Imposition, abolition, remission, alteration, or regulation (IARAR) of taxes.
- Regulation of Union borrowing.
- Custody, payment into, or withdrawal from:
- Consolidated Fund of India (CFI)
- Contingency Fund of India
- Appropriation from CFI.
- Declaration of expenditure as ‘charged on’.
- Receipt, custody, or issue of money from CFI/Public Account and audit of accounts of Union or States.
Financial Bills
- Financial Bill I:
- Contains any/all matters in Article 110 + General Legislation.
- Procedure:
- Can only be introduced in Lok Sabha.
- Requires President’s recommendation.
- Amendments (other than reduction/abolition of tax) require President’s recommendation.
- Financial Bill II:
- Deals with expenditure from CFI, but does NOT include matters of Article 110.
- Procedure:
- Can be introduced in either House.
- Houses cannot consider the Bill unless President recommends consideration.
Judicial Review of Money Bill
- SC (2018): Judicial review applicable on Money Bills.
Joint Sitting of Parliament
- Notified by the President in either of the following ways:
- By message to both Houses (if in session).
- By public notification (if Houses NOT in session).
Budget in Parliament
Key Constitutional Provisions
- Budget must distinguish:
- Expenditure on Revenue Account vs Other Expenditure.
- Expenditure ‘Charged on’ CFI:
- Cannot be voted but can be discussed.
Charged on Expenditure
- Includes:
- Debt charges (Interest, Sinking Fund, Redemption Charges, Loan Services).
- Sum required to satisfy judgments/decrees of courts/tribunals.
- Salaries & Allowances of Chairman, Speaker, Deputy Speaker/Chairman (but NOT pension).
Demand for Grants (DfG)
- Estimates of expenditure from CFI submitted for Lok Sabha vote.
- Includes:
- Revenue + Capital Expenditure.
- Grants, Loans & Advances to States/UTs.
- Generally, 1 Demand per Ministry, but large ministries may have multiple Demands.
Appropriation Bill
(Type: Money Bill)
- Article 114:
- No money withdrawn from CFI without appropriation by law.
- Authorizes withdrawal for:
- Grants voted by Lok Sabha.
- Charged expenditure (not votable).
- No Amendments Allowed.
Finance Bill
(Type: Money Bill)
- Purpose: Implements the financial proposals of the Government for the upcoming year.
- Legalizes the Income Side of the Budget, including:
- Levy of new taxes.
- Modification of existing tax structure.
- Continuation of existing taxes beyond approved period.
- Amendments:
- Can be moved (but only in Lok Sabha, as it’s a Money Bill).
- Special Provisions:
- Provisional Collection of Taxes Act, 1931: Finance Bill must be enacted within 75 days.
- Rajya Sabha must return it within 14 days.
Types of Grants
| Type | Purpose |
|---|---|
| Supplementary Grant | For additional funds when original allocation is insufficient. |
| Additional Grant | For a new service not mentioned in the Budget. |
| Excess Grant | For expenditure beyond the budgeted amount (Voted by Lok Sabha after the financial year, must be approved by PAC before voting). |
| Vote of Credit | For unexpected expenditures (‘Blank Cheque’). |
| Exceptional Grant | For special one-time purposes. |
| Token Grant | For reallocation of funds within the Budget (Reappropriation). |
Government Funds
1. Consolidated Fund of India (Article 266)
- Includes:
- All government revenues.
- All loans raised by the government (T-Bills, Ways & Means Advances).
- All money received in loan repayments.
2. Public Account of India (Article 266)
- Includes all other public money received by or on behalf of GoI.
3. Contingency Fund of India (Article 267)
- Constitution empowers Parliament to establish a Contingency Fund.
- Established by the Contingency Fund of India Act, 1950.
- Amount determined by law.
Parliamentary Privileges
| Collective Privileges | Individual Privileges |
|---|---|
| 1. Right to publish reports, debates, and prohibit others from publishing the same (44th CAA: Freedom of the press to publish true reporting). | 1. Exemption from arrest in civil cases during session and 40 days before & after the session. |
| 2. Right to hold secret sittings. | 2. Freedom of speech in Parliament (Article 105). |
| 3. Power to make rules for procedure and conduct of business. | 3. Exemption from jury service when Parliament is in session. |
| 4. Power to punish for breach of privilege. | |
| 5. Right to receive immediate information on the arrest of a member. | |
| 6. Courts are prohibited from inquiring into parliamentary proceedings. |
- Supreme Court Ruling: In case of a conflict between Parliamentary Privileges and Fundamental Rights (FR) of citizens, Privileges will prevail.
