Parliament

Questions

1. Analyze the constitutional provisions that empower Parliament to amend the Constitution and assess the implications of such powers on the basic structure doctrine, examining recent instances of constitutional amendments.

2. Examine the role of Parliament in financial matters, including budgetary processes and taxation policies, and assess how this constitutional authority contributes to fiscal governance and economic development.

3. Assess the linkage between Parliament’s power to enact laws and the principles of federalism, exploring how legislative powers are distributed between the center and the states, and their impact on cooperative federalism.

4. Analyze the constitutional provisions related to parliamentary oversight, including mechanisms such as question hour, parliamentary committees, and debates, and assess their effectiveness in ensuring accountability and transparency in governance.

5. Examine the role of Parliament in the appointment and removal of key constitutional functionaries, such as judges and the Chief Election Commissioner, and evaluate the impact on the independence of these institutions.

6. Assess the constitutional provisions regarding the declaration of a national emergency and the role of Parliament in ratifying or revoking such declarations, considering the balance between executive powers and legislative scrutiny.

7. Analyze Parliament’s role in the international arena, including the ratification of treaties and agreements, and assess how this constitutional authority intersects with India’s foreign policy and global engagements.

8. Examine the constitutional provisions related to parliamentary privileges and immunities, and assess the balance between these privileges and the need for accountability and public scrutiny, especially in the context of recent debates on parliamentary conduct.

9. Evaluate the role of Parliament in ensuring social justice, examining how constitutional provisions related to reservation policies and affirmative action contribute to inclusive governance.

10. Analyze the constitutional provisions that empower Parliament to regulate citizenship and immigration policies, and assess the implications of recent legislative changes on the principles of equality and non-discrimination.

Vacancy of seats in Parl

• legislator may resign (submits resignation to PO)
• PO ensures resignation is genuine & voluntary otherwise doesn’t accept
• $>$ 60 day absent w/o perms of PO may be removed from membership by passing a resolution
• if person elected at 2 seats in LS, he choose which retain else both lost
• if person elected to both HoP, CoS, chooses which retain else CoS seat vacant
• if person in both Parl & SLA, unless previously resigned, seat in Parl shall be vacant

Salaries and Pensions

• While the 2nd Schedule mentions salaries of certain position in Government, it does NOT mention the salary of MP.
• Article 106 allows Parl to make law regarding their own salary and allowances.
  • but no mention of pensions in constitution
• consequently Salary, Allowances and Pension of Members of Parliament Act 1954 came into force
• temporarily amended during COVID (refer: Salaries of MP during COVID (Ordinance))

Presiding Officer of Parliament

1. Lok Sabha: Speaker
2. Rajya Sabha: Chairman (VP in ex-officio capacity)

   Special powers of LS Speaker

   • Presides over joint sitting of Parl (when called by President)
   • decides whether bill is money bill or not

   Link to original

refer: Presiding Officer

Sessions

At least 2 must happen, but 3 happen India

1. Budget Session
2. Monsoon Session
3. Winter Session

Day to Day Functioning

1. Question hour (1100-1200)
   • starred question
   • unstarred question
   • short notice question
2. Zero hour
   • not actually formally mentioned
     • used to be break but MP started discussing matters of public interest

Legislative Procedure

3 stages

1st Reading

• member of house introducing bill should take leave of house
• joint committee or select committee of specific house analyze and seek clarity, invite suggestions from public, CSO, members suggest amendments

2nd Reading

• general discussion of bill w/ discussion on committee report
• clause by clause discussion
• members can move amendments

3rd Reading

• quick discussion on a bill in its entirety
• bill put to vote of the house
• sent to other house for consideration

Dissolution and Bills

• if a bill has touched LS and still in Parl, it shall lapse
• if the bill has reached Prez, no lapse
• if bill introduced in RS and not reached LS at all, no lapse

Termination of Sitting and Session

1. Adjournment: Terminates sitting, but next meeting day known. Done by Presiding Officer.
2. Adjournment sine die: Terminates sitting indefinitely. Issued by Presiding Officer when session completed.
3. Prorogation: Terminates a session. Issued by President few days after adjournment sine die. Can also be issued while parl in session.
4. Dissolution: Only LS can be dissolved. New elections done.

Ground to disqualify membership of Parl

• Article 102
• applies to contesting and continuing members
• decision taken by Prez (consultation with ECI)
• if sitting MP, decision by PO of house

Article 102(1)

• holding an office of profit
• unsound mind
• bankrupt (undischarged insolvent)
• if MP not citizen of India
• if disqualified acc to a law made by Parl (eg. RoPA 1951)

See also:

• Lok Sabha
• Rajya Sabha
• Parliamentary Privileges
• Council of Ministers
• State Legislature
• Presiding Officer