Rajya Sabha and Lok Sabha

Introduction to the Indian Parliament

• The Parliament of India is a bicameral legislature, consisting of:
  1. Rajya Sabha (Council of States) - Upper House.
  2. Lok Sabha (House of the People) - Lower House.
• The President of India is an integral part of the Parliament.

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Rajya Sabha: The Upper House

1. Composition:

   • Maximum Strength: 250 members.
   • Current Strength: 245 members:
     • 233 elected members from states and Union Territories (UTs).
     • 12 nominated members by the President for their expertise in literature, science, art, and social service.

2. Election Process:

   • Elected by members of State Legislative Assemblies through proportional representation by single transferable vote.

3. Representation:

   • Members represent states and UTs based on their population.
   • UTs like Delhi and Puducherry have representation in Rajya Sabha.

4. Tenure:

   • Permanent body; not subject to dissolution.
   • One-third of its members retire every two years.
   • Each member serves a six-year term.

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Powers and Functions of Rajya Sabha

1. Legislative Powers:

   • Equal status with Lok Sabha in passing ordinary bills.
   • Cannot introduce or amend money bills but can recommend amendments.

2. Exclusive Powers:

   • Can authorize Parliament to make laws on a subject in the State List (Article 249).
   • Can approve the creation of new All-India Services (Article 312).

3. Role in Constitutional Amendments:

   • Participates in amending the Constitution with equal powers as Lok Sabha.

4. Electoral Powers:

   • Participates in the election of:
     • President of India.
     • Vice President of India (along with Lok Sabha members).

5. Control over the Executive:

   • Questions and discussions in Rajya Sabha hold the executive accountable, though it cannot pass a no-confidence motion.

6. Special Powers During Emergency:

   • Functions jointly with Lok Sabha in decision-making during a national emergency.

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Lok Sabha: The Lower House

1. Composition:

   • Maximum Strength: 552 members.
     • 530 members represent the states.
     • 20 members represent Union Territories.
     • 2 members may be nominated by the President from the Anglo-Indian community (now abolished by the 104th Amendment, 2019).
   • Current Strength: 543 members.

2. Election Process:

   • Members are directly elected by the people through universal adult suffrage.
   • Elections are conducted using the first-past-the-post system.

3. Tenure:

   • Normally five years, but can be dissolved earlier by the President.
   • During a national emergency, its term can be extended by one year at a time.

4. Representation:

   • Based on the population of states and Union Territories.
   • Delimitation ensures fair representation, with boundaries adjusted by the Delimitation Commission.

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Table: Comparison of Rajya Sabha and Lok Sabha

Aspect	Rajya Sabha	Lok Sabha
Strength	245 members	543 members
Tenure	Permanent body; 6 years for members	5 years; subject to dissolution
Presiding Officer	Vice President of India (Chairman)	Speaker
Election Process	Indirect, by State Legislative Assemblies	Direct, by the people
Money Bill Role	Advisory role only	Decisive role
Dissolution	Not subject to dissolution	Can be dissolved by the President

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Special Features of Rajya Sabha and Lok Sabha

1. Rajya Sabha:

   • Represents the federal character of India.
   • Acts as a deliberative body to provide stability and continuity.

2. Lok Sabha:

   • Reflects the popular will of the people.
   • Plays a decisive role in financial and legislative matters.

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Presiding Officers

1. Rajya Sabha:

   • Chairman:
     • The Vice President of India is the ex-officio Chairman of Rajya Sabha.
     • Role: Maintains decorum, decides on points of order, and ensures smooth functioning.
   • Deputy Chairman:
     • Elected from among the members of Rajya Sabha.
     • Role: Presides in the absence of the Chairman.

2. Lok Sabha:

   • Speaker:
     • Elected by Lok Sabha members.
     • Role: Conducts proceedings, decides on points of order, and ensures impartiality.
     • Has casting vote in case of a tie.
   • Deputy Speaker:
     • Elected from among the members of Lok Sabha.
     • Presides in the absence of the Speaker.

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Legislative Powers and Functions

1. Ordinary Bills:

   • Can be introduced in either house.
   • Requires approval of both Rajya Sabha and Lok Sabha.
   • In case of disagreement, a joint sitting (Article 108) is convened, where Lok Sabha’s larger membership gives it an advantage.

2. Money Bills (Article 110):

   • Can only be introduced in Lok Sabha with prior approval of the President.
   • Rajya Sabha can make recommendations but cannot amend or reject the bill.
   • Lok Sabha can either accept or reject the recommendations of Rajya Sabha.

3. Financial Bills (Article 117):

   • Require approval of both houses, but Lok Sabha has the final say.
   • Rajya Sabha cannot amend financial bills to alter taxation or expenditure.

4. Constitutional Amendment Bills (Article 368):

   • Requires approval by a special majority in both houses.
   • Rajya Sabha and Lok Sabha have equal powers in amending the Constitution.

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Control Over the Executive

1. Rajya Sabha:

   • Questions the government through discussions, motions, and debates.
   • Does not have the power to pass a no-confidence motion.

2. Lok Sabha:

   • Exercises direct control over the government.
   • Can pass a no-confidence motion, forcing the Council of Ministers to resign.

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Special Powers of Lok Sabha

1. Money Bills:

   • Exclusive right to introduce and pass money bills.
   • Rajya Sabha has a limited role in discussing and recommending changes.

2. No-Confidence Motion:

   • Lok Sabha alone can pass a no-confidence motion, leading to the resignation of the government.

3. Budget:

   • Approves the Annual Financial Statement (Budget) presented by the Finance Minister.

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Special Powers of Rajya Sabha

1. Legislation on State List:

   • Rajya Sabha can pass a resolution (Article 249) authorizing Parliament to make laws on a subject in the State List if it is of national importance.

2. Creation of All-India Services:

   • Rajya Sabha can initiate a resolution for creating new All-India Services under Article 312.

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Joint Sitting of Parliament (Article 108)

1. When Convened:

   • In case of a deadlock on an ordinary bill (e.g., disagreement between the two houses or if Rajya Sabha does not pass a bill within six months).

2. Presiding Officer:

   • Speaker of Lok Sabha presides over the joint sitting.

3. Not Applicable:

   • Does not apply to money bills or constitutional amendment bills.

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Table: Legislative Powers of Rajya Sabha and Lok Sabha

Power	Rajya Sabha	Lok Sabha
Ordinary Bills	Can introduce, amend, and pass	Can introduce, amend, and pass
Money Bills	Can only recommend changes	Decisive authority
Constitutional Amendments	Equal role	Equal role
State List Legislation	Can authorize Parliament (Article 249)	No such power
No-Confidence Motion	Cannot move or pass	Exclusive authority

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Parliamentary Privileges

1. Collective Privileges:

   • Right to publish or withhold proceedings.
   • Exclusion of outsiders from its sessions.
   • Right to receive information about governmental affairs.

2. Individual Privileges:

   • Freedom of speech in the house (Article 105).
   • Freedom from arrest in civil cases during the session.

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Parliamentary Committees

1. Types of Committees:

   • Parliamentary Committees are classified into:
     1. Standing Committees (Permanent):
        • Function throughout the year.
        • Examples:
          • Public Accounts Committee (PAC): Examines government expenditure to ensure it is as authorized by Parliament.
          • Estimates Committee: Suggests improvements in organizational efficiency and economy in expenditure.
          • Committee on Public Undertakings: Reviews the performance of public sector enterprises.
     2. Ad Hoc Committees (Temporary):
        • Formed for a specific purpose and dissolved after completing the task.
        • Examples: Joint Committee on a Bill, Select Committees.

2. Role of Committees:

   • Aid in scrutinizing legislation and government activities.
   • Provide a detailed examination of policies and bills, which is not feasible during parliamentary sessions.

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Sessions of Parliament

1. Types of Sessions:

   • Budget Session (February–May): Presentation and approval of the annual budget.
   • Monsoon Session (July–September): Discusses and passes pending legislation.
   • Winter Session (November–December): Focuses on urgent matters.

2. Summoning and Prorogation:

   • The President summons each session of Parliament (Article 85).
   • Prorogation: Ends the session but does not dissolve the house.

3. Adjournment:

   • Temporary suspension of proceedings in a house.

4. Quorum:

   • Minimum number of members required to conduct proceedings:
     • One-tenth of the total membership of each house.

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Legislative Process

1. Stages of a Bill:

   • Introduction:
     • Introduced as a draft bill in either house (except money bills, introduced only in Lok Sabha).
     • Requires prior approval of the President for certain types (e.g., financial bills).
   • Second Reading:
     • Detailed discussion and examination by the house or a committee.
   • Third Reading:
     • Final debate and voting.
   • Approval by Other House:
     • The other house must approve the bill in the same form.
   • President’s Assent:
     • The bill becomes an act after the President's approval.

2. Special Types of Bills:

   • Money Bill:
     • Can only originate in Lok Sabha (Article 110).
   • Financial Bill:
     • Requires approval from both houses.
   • Constitutional Amendment Bill:
     • Requires a special majority in both houses (Article 368).

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Parliamentary Procedures

1. Question Hour:

   • Scheduled at the beginning of the day’s proceedings.
   • Types of Questions:
     • Starred: Requires an oral answer; supplementary questions allowed.
     • Unstarred: Written answers only.
     • Short Notice: Requires answers to urgent questions with short notice.

2. Zero Hour:

   • An informal session where members raise matters without prior notice.

3. Motions:

   • Adjournment Motion:
     • Raises a discussion on urgent public matters.
   • No-Confidence Motion:
     • Lok Sabha can express lack of confidence in the Council of Ministers.
   • Censure Motion:
     • Criticizes specific government policies or actions.

4. Budgetary Process:

   • Annual Financial Statement is presented in Lok Sabha.
   • Budget is discussed and passed in stages:
     • General discussion.
     • Voting on demands for grants.
     • Appropriation Bill and Finance Bill.

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Privileges and Limitations

1. Privileges of Parliament:

   • Freedom of speech (Article 105).
   • Immunity from proceedings in courts for actions within Parliament.

2. Limitations:

   • Parliament cannot override fundamental rights.
   • Judicial review ensures laws are consistent with the Constitution.

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Table: Key Differences Between Rajya Sabha and Lok Sabha

Aspect	Rajya Sabha	Lok Sabha
Membership	245 members	543 members
Tenure	Permanent body; 6-year terms	5 years or earlier dissolution
Presiding Officer	Vice President (Chairman)	Speaker
Money Bills	Can only make recommendations	Decisive authority
Control Over Executive	Limited, no no-confidence motion	Can pass no-confidence motion

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Significance of Rajya Sabha and Lok Sabha

• Rajya Sabha:
  • Ensures representation of states and UTs.
  • Balances popular demands with considered deliberation.
• Lok Sabha:
  • Reflects the will of the people.
  • Plays a decisive role in shaping legislation and holding the executive accountable.

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