Parliament & Legislative Process

🟢 Lite — Quick Review (1h–1d)

Rapid summary for last-minute revision before your exam.

Parliament of India — MHC-CET (Law) Quick Recall

India has a bicameral Parliament at the Centre ( Lok Sabha + Rajya Sabha) and unicameral legislatures in States. The Parliament is the supreme legislative body of the Indian Union.

Key Quick Facts:

• President — Nominal head of Parliament (summons, prorogues, dissolves Lok Sabha — Article 85)
• Lok Sabha — Lower House; 543 elected members; directly elected by people; term 5 years; controls financial power (Money Bill)
• Rajya Sabha — Upper House; 245 members; 233 elected by state MLAs + 12 nominated by President; permanent body (1/3 retire every 2 years); cannot be dissolved
• Parliament House — Sansad Bhavan, New Delhi; first Parliament session was 8 May 1952

⚡ Exam Tip: The most frequently tested concept: Money Bill — Only Lok Sabha can introduce a Money Bill; Rajya Sabha cannot amend or reject it (can only recommend changes within 14 days, which Lok Sabha may accept or reject).

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🟡 Standard — Regular Study (2d–2mo)

Standard content for students with a few days to months.

Parliament of India — Structure and Composition

Lok Sabha (House of the People)

Composition: 543 members directly elected from single-member territorial constituencies (at least 20 from States, minimum from UTs). The President can nominate 2 Anglo-Indian members if the community is not adequately represented.

Qualifications (Article 84):

• Must be a citizen of India
• Must be not less than 25 years of age
• Must possess such other qualifications as may be prescribed by Parliament
• Must be registered as an elector in a parliamentary constituency

Term: 5 years from date of its first sitting. Dissolved earlier in case of emergency under Article 83(2) read with Article 352.

Speaker:

• Presides over Lok Sabha
• elected from amongst members in first meeting
• exercises casting vote in case of tie
• When office of Speaker is vacant, Deputy Speaker (elected similarly) performs duties
• A resolution for removal of Speaker requires 14 days’ notice and needs support of not less than 50 members

Rajya Sabha (Council of States)

Composition: Maximum 250 members. Currently 245 (233 elected + 12 nominated). Each State has a specific number of seats based on population (e.g., Uttar Pradesh — 31, Maharashtra — 19, Tamil Nadu — 18).

Nominated Members: 12 eminent persons from fields like literature, art, science, social service, etc. (Article 80).

Term: 6 years; one-third retire every 2 years (system of rotation). Cannot be dissolved.

Qualifications (Article 84):

• Must be a citizen of India
• Must be not less than 30 years of age
• Must possess such other qualifications as Parliament may prescribe

Chairman: Vice President of India is the ex-officio Chairman (Article 64). Deputy Chairman elected from amongst members.

Vice President

• Elected by Electoral College comprising members of both Houses of Parliament (Article 66)
• Serves as Chairman of Rajya Sabha
• Acts as President when President is unable to discharge duties
• Holds office for 5 years; eligible for re-election
• Can resign to Vice President by writing to President

Legislative Process

Ordinary Bill — Passage Through Both Houses

Stage 1 — Introduction:

• Any member (including Minister) can introduce a bill
• No leave required; simply lays bill on Table of House
• Bill introduced by leave of House or notice with 1 month’s advance intimation for private member bills

Stage 2 — First Reading:

• Title of Bill read; motion moved that Bill be taken into consideration
• Bill is published in Gazette

Stage 3 — Second Reading (Detailed Stage):

• Three motions possible:
  1. That Bill be taken into consideration
  2. That Bill be referred to Select Committee (recommended)
  3. That Bill be referred to Joint Committee of both Houses
• In Committee stage, clauses are debated and amendments moved
• Report stage — committee reports Bill to House

Stage 4 — Third Reading:

• Only question of passage — no amendments (except trivial/typographical)
• Passed by simple majority of members present and voting

Stage 5 — Other House:

• Bill transmitted to other House
• Other House can: pass, amend, reject, or keep pending (if not passed within 6 months, Bill falls)
• In case of disagreement — Joint Sitting can be convened (Article 108)

⚡ Exam Focus: Joint Sitting — convened by President on request of Houses. Has happened only 3 times: for the Dowry Prohibition Act, 1961; for the Banking Service Commission Repeal Bill; and for the Anti-Defection Act, 1985 (P印).

Money Bill (Article 110)

Definition: A Bill containing only provisions relating to:

• Taxation, borrowing, Consolidated Fund/Contingency Fund
• Receipt or expenditure of the Consolidated Fund
• Audit of Union/State accounts

Procedure:

• Only Lok Sabha can introduce a Money Bill
• Must be introduced in Lok Sabha
• President must recommend (Article 117)
• Rajya Sabha must return within 14 days with recommendations or else deemed passed
• Lok Sabha may accept/reject Rajya Sabha recommendations — final decision rests with Lok Sabha
• Speaker certifies Bill as Money Bill (final authority on certification)
• Cannot be discussed in Rajya Sabha

⚡ Exam Tip: The Speaker’s certificate on a Money Bill is final and not subject to judicial review (Kamesh Eles v. Union of India).

Financial Bills (Article 117)

Financial Bills (I): Apart from Money Bill provisions; also contain other matters. Follow ordinary bill procedure but cannot be introduced in Rajya Sabha.

Financial Bills (II): All other Bills containing financial provisions. Follow ordinary bill procedure but Rajya Sabha has same powers (can reject/amend).

President and Parliament

Summons (Article 85): President summons each House; can prorogue (end session) and dissolve Lok Sabha.

Address (Article 87): President addresses both Houses at commencement of first session each year (Budget Session) and may address at other times.

Message: President may send messages to Houses regarding any matter; Houses must consider when requested.

Bill Reservation for President’s Consideration (Article 111): After Parliament passes a Bill, it goes to President for assent. President may:

• Give assent
• Withhold assent (rare)
• Return Bill for reconsideration (once; except Money Bill)
• President has 14 days to decide (in session); if no decision within 3 months outside session, Bill is deemed assented

Ordinance Making Power (Article 123):

• President can promulgate ordinance when both Houses are not in session
• Must be laid before Parliament within 6 weeks of reassembly
• Maximum life: 6 weeks if Parliament disapproves; or ceases to operate if not laid
• Cannot be issued on financial matters requiring parliamentary legislation

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🔴 Extended — Deep Study (3mo+)

Comprehensive coverage for students on a longer study timeline.

Detailed Parliamentary Procedure and Privileges

Committees of Parliament

Public Accounts Committee (PAC): 22 members (15 from Lok Sabha, 7 from Rajya Sabha); examines accounts and audit reports of Union government. Chaired by a non-ministry member of Lok Sabha.

Estimates Committee: 30 members (all from Lok Sabha); examines estimates of expenditure. Chaired by Speaker.

Committee on Public Undertakings: 15 members; examines working of public sector undertakings.

Departmental Standing Committees: 8 subject-wise committees; examine bills, demands for grants.

Parliamentary Privileges

Under Article 105, members enjoy:

• Freedom of speech in Parliament (cannot be questioned in any court outside Parliament)
• Freedom from arrest in civil cases during session and 40 days before/after
• Prohibition on disclosure of proceedings (breach of privilege is contempt)

Breach of Privilege: When a person or authority contempts Parliament by obstructing a member or disregarding parliamentary orders. Punishable by each House independently.

Anti-Defection Law (52nd Amendment, 1985; 10th Schedule)

• Voluntarily giving up party membership: If a member resigns or acts contrary to party whip
• Defection by party merger: If 2/3 of party members merge into another party
• Vote on policy: If a member or party abstains/votes against party directive on a motion of Salary/Allowance/Financial Bill — defection
• Exceptions: Anti-defection does not apply if 2/3 of party’s MPs merge into another party

Exceptions to disqualification:

• If a member goes against party whip but does not resign/join another party — disqualified
• If member is elected as Speaker/Chairman, resigns from party and joins another — not disqualified if he resigns within 6 months

Key Case: Kihoto Hollohon v. Zachillu (1992) — Supreme Court upheld anti-defection but said Speaker’s decisions under 10th Schedule are judicially reviewable.

The Parliament’s Control Over Executive

• Question Hour: Every day (first hour of sitting) — ministers answer questions
• Zero Hour: Informal period after Question Hour (Indian innovation); members raise matters of urgent public importance
• Adjournment Motion: Moved to draw attention to matter of urgent public importance; if passed, discussion takes precedence over other business
• Calling Attention Motion: Member draws minister’s attention to a matter of urgent importance; minister must respond
• No-Confidence Motion (Article 75): Any 50+ members can move; if passed, government must resign. Only introduced in Lok Sabha.
• Censure Motion: Expression of disapproval; Lok Sabha can censure government for specific policies

Constitutional Amendments — Article 368

Procedure:

• Bill can be introduced in either House
• Must be passed by 2/3 majority of members present and voting (not total membership)
• Must be transmitted to other House and passed similarly
• Then presented to President for assent (President must give assent)
• No ratification by states required (except for changes affecting federal structure, which require ratification by 1/2 states)

What can be amended: Any provision of the Constitution (no part is unamendable except basic structure — Kesavananda Bharati).

Subjects requiring state ratification:

• Election of President
• Extent of executive power of Union/states
• Any of the Lists in Seventh Schedule
• Representation of states in Parliament
• Any provision of Supreme Court/High Court

Sessions of Parliament

Budget Session (February–May): Longest; starts with President’s Address; Railway Budget presented separately; Union Budget presented on 1st February.

Monsoon Session (July–September): Usually 3–4 weeks.

Winter Session (November–December): Usually 3–4 weeks.

Key Articles to Remember

Article	Subject	Significance
79	Parliament established	-
84	Qualifications for Parliament	Age 25 (LS), 30 (RS)
85	Summons, Prorogue, Dissolution	President’s power
100	Voting in Parliament	Quorum 1/10 of total membership
108	Joint Sitting	Vote in case of disagreement
109	Special procedure for Money Bill	Rajya Sabha limited role
110	Definition of Money Bill	Speaker’s certificate final
111	President’s Assent	14 days’ time limit
112	Annual Financial Statement (Budget)	Consolidated Fund
117	Financial Bills	Procedure
123	Ordinance Power	President’s emergency power
368	Amendment Power	2/3 majority; basic structure
75(3)	Collective Responsibility	Council of Ministers
105	Parliamentary Privileges	Freedom of speech

Exam Strategy

1. Lok Sabha vs. Rajya Sabha differences — dissolution, composition, term, powers over Money Bill. Draw a clear comparison table.
2. Joint Sitting — only 3 instances in history; remember these as examples.
3. Money Bill procedure — Rajya Sabha has only 14 days and recommendations can be rejected by Lok Sabha. This is the most frequently tested aspect.
4. Speaker’s role — certifies Money Bill; presides over Lok Sabha; decides defection cases (controversial after Kihoto Hollohon).
5. Anti-Defection — know the 2/3 merger exception and voluntary giving up of membership.
6. Question Hour, Zero Hour, Adjournment Motion — understand the distinction between these parliamentary devices.

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