Parliament + State Legislature : M Laxmikanth

Chapter 22

Parliament (Ar 79-122) Vs State Lagislature(Ar 168 -212):
Note: President is analogous to Governor in entire Notes when State is same with union.           Speaker’s discretionary power regarding defection, it underscored that the Speaker functioned as a tribunal under the anti-defection law, thereby making her/his decisions subject to judicial review

Organization of Parliament:
--Parliament ===Lower house + Upper House + President
                      --American parliament ≠ President à not an integral part of Legislature.

--State Legislature= Lower house + Upper house  + Governor
                            --Upper house= not mendatory = Bihar, Maharashtra, Andhra Pradesh, Telangana,                                   Karnatka has Upper house.
                            --Upper house abolition/construction= Special Majority resolution by State=                                         Followed by an Act passed by Parliament with Simple Majority(as not in Ar 368).
                              Ex-Andhra pradesh and TN both has abolished and passed rsolution for upper house.
--Why President:
                    1)without his sign Bill ≠ Act.
                    2)Can Prorogue +  dissolve + summon =Parliament.
                    3)Adresses Both the House
                    4)Issues Ordinance when Parliament not in session.

Composition of 2 Houses:

RAJYA SABHA:
-- Nominated = 12 by president///1/6th are nominated by Governor.
States:
--Elected = Proportional representation + Single transferable vote.///Same for State 
--Seat/States = based of Population (in US its fixed 2seats/state à 100 seat)///Seats fixed , Max=1/3rd of Legislative Assembly + Min= 40 >>>>But Actual number of seat is decided by Parliament.
Details:
Fixed Seats = Nominated + Indirectly elected
--Nominated=== 1/6th = By Gov
--Ind Elected===5/6th =1/3(from local bodies of state) + 1/12(elected by Graduates living in state) + 1/12(by teacher not lower then Secondary school) + 1/3(not member of Assembly)--Parliament has full authority to change these provisions
Union territories:
--Elected = by electoral collage(states= by elected member of legislative assembly)
                 =Proportional representation + Single transferable votes.
--Seat/States= Population
--Only Delhi + Pondicherry = R.S (rest don’t have enough population).
Nominated Members:
--President @ special knowledge =Science +art +literature + social services
                           USA ≠ nominated members

LOK SABHA:
--Seats =total 552 = 530(State) + 20(UT) + 2(Nominated) /// 60 to 500 seats in lower house of state; Exception=state like Arunachal Pradesh+Sikkim+Goa =Min 30; Mizoram(40);Nagaland(46)
State:
--General election = Universal adult franchise = 1^st past post system
Union territory:
--By union territory act,1965 =to choose members. à this provision was to end in 1960=======But amended for extension till 2020.
Nominated:
--2 members from Anglo Indian à this provision was to end in 1960========But amended to extend till  2020.///Gov can nominate 1 anglo indian---Extended simmilarlly to 2020(from 160).

System of Election to Lok Sabha:
Territorial constituencies:///Same for State
-- seats/Population = constant for all state
--seats/population = constant for all constituency in a state
--Reason= Uniform representation
Readjustment after each Census:///Same for State
--Note= the constitution doesn’t say which year population to be used
--Parliament= ↓ or ↑ seats ==enacted several  delimitation act
                      =42^nd Amendment froze 1971 for state till 2026 for population.
                      =for constituency froze 1991 census
Reservation of seats for SCs and STs:///Same for State
 --[(population of SCs/STs in state)/(Total population of State)] * total seats allocated to that state
--Population used currently = 2001 Census
--Reservation = till 1960(ten years) =====extended till 2020.
Why proportional representation not adopted?
--In RS+ President+Vice presiden+State legislative council = Proportional then why not in LS
--Hard to understand
--instablity in parliamentary system(hitler came to power because of prevelance of proportional system imposed on germany)
--no scope of by election ===If 100 seats are there and 3 party(A,B,C) à A gets 60% vote + B gets 30% vote + C gets 10% Vote  ===so in proportional system A=60 +B=30 + C=10 seats
suppose 1 member of C dies ….by election=====Again A gets 60% B=30% and so on….who will get 1 seats…….A is popular but C has lost member!!!!!!!!!
--Increases significance of Party instead of Voters.

Duration of Rajya Sabha:
--Not fixed by constitution///Fixed for State 
--Parliament through “Representation of People Act” 1951 , = 6 years///Same for State 
--President make provision to govern the order or retirement of RS.

Duration of Lok Sabha:///Same for State 
--5 Year
--President can dissolve any time
--Can be extended in emergency(by law of parliament)
                Extentesion= Any length of time
                limitation= Can’t extend 6 month after emergency ends.

Membership of Parliament:
Qualifications:
1)citizen
2)Oath/Affirmation
3)30 Year= R.S & 25 Year=L.S
4)others= prescribed by parliament
Parliament:
               --He should be voter registered vote in same state(only for LS….RS changed)
               --Only a reserved candidate(SC/ST) can contest in reserved(for SC/ST) constituency.

Disqualification:///Same for State 
--Office of profit
--Unsound à declared by court
--undischarged insolvent
--Voluntory  other citizenship
--Disqualified under law by Parliament.
--Defection ----final say = speaker/Chairmen
Parliament:  ///Same for State 
              --Not guilty in corrupt election practices.
              --convicted==(imprisonment >= 2 Years) Or bribery Or spreading hate              --Preventive detention is not counted as conviction for disqualification.
              --Account of election expense within time.
              --Must not hold any office in corporation where gov stake>=25%
              --dissmised = corruption or disloyalty.
              -- must not punished= untouchablity, dowry and sati
            --In above Disqualification----presidents decision is final on the advise of election commissioner.
State lative council = Candidate must be an elector in same State.Same State Assembly= Candidate must be an  elector in same constituency.

Consolidated fund= President + V president + Speaker+deputy speaker + Chairman +SC +CJI +HC(states fund) ===irrespective of Budget passes or not====salary/allowance be given===can’t be  voted in budget discussion.
Institution of =Speaker +  deputy Speaker = GOI 1919(Montegue—Chelmsford Reforms)

Quorum=min strength to run house= 10 % in Parliament /// 10% or 10 whichever is greater.

Sr No	Adjournment	Prorogation
1	Terminates sitting and not the session	Sitting + session= terminated
2	By presiding officer	By President
3	Bill+Business+Notices= Not lapsed	Bill + Business=Not lapsed But Notices= Lapsed

Lapse of Bill:
--Pending in = LS or RS But Joint seating announced by President=not lapse
--Not lapse= Pending in RS (yet to be passed in LS)
--Not lapse=Passed by both Houseà Pending or returned #President

Devices of Parliamentary Proceedings:
Question Hour:
--1^st hour
--Private members = different colour code for each type question.
--Qustions=1) Starred 2)Unstarred 3)Short notice
--Stared:
       --Identification = Asterisk(*) mark on question
       --Oral answer à supplementary question can be asked.

--Unstarred:
      --Writtten answer à no supplementary questions

--Short notice:
       --Less then 10 day notice
       --Hence oral

Zero hour
--Not mentioned in Rule of procedure
--informal à without prior notice.
--time= gap between Question hour and Start of Agenda
--Indian innovation(since 1962)

Motion:
--decision, action, opinion = needs motions to be passed
--3 Type= raised for discussion =1)Substantive 2)substitute 3)Subsidiary

Substantive Motion:
--independent proposal ===for very important matter===impeachment etc

Substitute Motion:
--to substitute original motion.

Subsidiary Motion:
--to support original==3 types :
                           Ancilliary motion= to support by regular way
                           Superseding Motion=to supersede some issue for current discussion
                           Ammendment= to modify original motion.


 Closure Motion:
--to cut short a debateà if approved= debate will be stopped. à and motion is put to vote for pass.
--4 types= simple closure:
1)Simple(Entire closure= enough time was provided) 
2)Compartment(closure= only part )
 3)Kangaroo(closure of non important lines….important=discussion)
 4)Gullotine(entire closure==due less time….)

Privillage motion = to censure a minister ====for breaching its privilages.

Calling attention motion(1954):
--Indian Innovation==unlike Zero hour it(CAM) is mentioned in Rules of Procedure.
--urgent public matter à authoritative statement form gov

Adjournment Motion:
--Rajya Sabha  ===can’t pass
--extremely important issues.
--needs support of 50 members of LS.
--Should not = questions on Privilege
--it consumes extra time = no question= other motions+ under adjucation by court+already discussed

Censure Motion & No- Confidence Motion

Sr. No.	Censure Motion	No-Confidence Motion
1	Shoud state reason for its adoption in Lok Sabha	No reasons are required in LS.
2	Against individual/group/council of minister	Only against entire council of Minister
3	For censuring ministers for specific policies or actions.	It is moved for ascertaining the confidence of LS in council of Ministers
4	If passed= Council of minister need not resign	If passed= gov falls

Motion of Thanks:
--1^st session of every Fiscal year/ general election = Address of President =policies and program of previous gov and ensuing gov à address followed by discussion in motion of thanks à voted= if failed= defeat of Gov.
--opportunity to criticize/discuss/highlights important issues.

No-Day-Yet-Named Motion:
--Motion admitted by speaker but no date has been fixed.
--consults = Leader of house/BAC.

Point of Order:
--passed only when proceeding in house was not as per rule.
--violtaed = Rules of Procedure/ constitutional provision related to governance of house.
--Impact= no discussion in house.= proceeding suspended

Half an Hour Discussion/Short duration Discussion::
--No formal motion / no voting
--important matter à needs discussion= speaker provides time.

Special Motion :
--Only in RS= matters that couldn’t be raised in any other matter.

Sr.No.	Resolution	Motion
1	All resolution= substantive motion	Motion=substantive/substitute/subsidiary
2	Should be voted	May or may not

Difference between Finance bill and Money bill:

Money bill	Finance bill 1	Finance bill 2
Ar 110	Ar 117(1) conatins all provisions of Ar110	Ar 117(3)
Related to taxation and their regulation	Main objective is something else. But provisions deals with finace	Expenditure from consolidated fund minus Ar 110
Prior permission of president	Prior permission of president	Prior permission of president
Introduced in Lok sabha	Introduced = Lok Sabha	Introduced = any house
Rajya Sabha has no say	Rajya Sabha can amend(other then reduction or abolition of tax,)	Rajya Sabha = amend/reject etc
Deadlock = not possible	Deadlock= joint seating	Dead lock= join seating
President=assent / pending	President= assent/pending/return	President= assent/pending/return

Article 110 of the Constitution deals with the definition of money bills. It includes the
following matters:
>The imposition, abolition, remission, alteration or regulation of any tax;
>The regulation of the borrowing of money by the Union government;
>The custody of the Consolidated Fund of India or the contingency fund of India, the payment
of moneys into or the withdrawal of money from any such fund;
>The appropriation of money out of the Consolidated Fund of India;
>Declaration of any expenditure charged on the Consolidated Fund of India or increasing the
amount of any such expenditure;
>The receipt of money on account of the Consolidated Fund of India or the public account of
India or the custody or issue of such money, or the audit of the accounts of the Union or of a
state; or
>Any matter incidental to any of the matters specified above.

However, a bill is not to be deemed to be a money bill by reason only that it provides for:
The imposition of fines or other pecuniary penalties, or
The demand or payment of fees for licenses or fees for services rendered; or
The imposition, abolition, remission, alteration or regulation of any tax by any local authority
or body for local purposes.

Stages in Enactment of Budget:
1)Presentation of Budget.=speech by FM=LS(has voting power) à RS(No voting power)
2)General Discussion.=No vote at this stageà discuss LS+RS à No cut motion
3)Scrutiny by departmental committee. à scrutinize Demand for grant(gov exp)
4)Voting on demands for grant. à after voting(only LS) Demand à Grant. à only 26 dayà cut motion
Cut Motion:
--Policy cut= 1 Rs/- = disapproval with particular policy of ministry.
--Economy cut=agreed amount = disapproval with the amount of money being spent by ministry.
--Token cut= 100 Rs/-= specific grievance within the policy of the Gov.
--Guillotin= reality= all demands are clubbed together for vote à so no policy by policy for diff cut motion. à last day= 26^th day Speaker Guillotins.
Features of Cut motion:
--must relate to one demand at a time.
--concern specific matter in demand==No suggestions.
--only imp matter
--No such thing = privileges

5)Passing of appropriation bill. à to meet (1)grant voted by LS (2)Charged exp.
                                                    -- No amendment possible(As grants already discussed)
                                                    --Bill to Act Jouney takes time ==meanwhile exp “Vote on Account”
                                                    --Vote on account= Parliament is authorized= till passing as act=after general discussion.
6)Passing of finance bill. à income side(taxes) ===Ammendment can be brought(unlike appropriation bill) = 75 days.

FUNDs
1)Consolidated fund= appropriation by parliament act=all income
2)Public account=executive control=Provident fund,judicial deposits, saving bank deposits,departmental deposits,remittances etc.
3)Contingency =fund decided by parliament= appropriated by president(executive)=emergency.

Functions of Parliament:
1)Legislative -Bills
2)Executive  -No confidence Motion, Censure Motion, Adjournment motion etc.
3)Financial- during start of year=Budget ; during rest of time= Financial committees(PAC,ES, CPU)
4)Judicial –Impeachment, removal=breach of privileges, SC, CJI, CAG, Election commissioner etc.
5)constituent –Amendment
6)Electoral power –Speaker, Deputy, Vice chairman, President, norms for their election.
7)others –Discussion of national/International issues.

Ineffectiveness of parliament:
-- ↑ ordinance
--criminal background= ethics
--↑delegated legislation= ↑beurocratic power
--weak opposition
--↑ guillotine in budget = ↓financial power.
--Financial committee = post mortem analysis.
--Majority of Executive.
--Lack of expertise
--inordinate size.

RAJYA SABHA Vs State legislative Council:
Power comparison with other country:
House of Lords(UK) < Rajya Sabha < Senate(USA)
 RS=LS:
--Ordinary bill ///Same for State--but no joint session---Lower House final say--so equal only while introducing the bill.
--Financial bill 2 (3)
--Election/impeachment of President, vice president.
--approval of ordinance. ///Same for State.
--↑  jusridiction of HC or SC. /// ↑ jurisdiction of State public service commision.
--Removal of CJI , SC judges, HC Judges, CAG, UPSC , Chief election commissioner.
--appointing Ministers/PM.///Same for State.---ie. can be from either house.
--Reports of various commissions and committee.///Same for State--reports of constitutional bodies.

RS ≠ LS:
--Money bill ///Same for State
                     ///Ordinary bill= final passing lies in Lower house
--Joint session /// No such provision in deadlock
--Budget presentation = No voting right to RS.///Same for State.
--No confidence Motion= RS not allowed to vote///Same for State
--Emergency removal= RS can not pass resolution to remove Emergency.///Only for STATE when Assembly ≠ State Council
--Constitutional Ammendment = No say of council (same as in oridnary/money bill)
--existance of council depends on ASSEMBLY---can recommend Parliament by special mejority resolution to abolish.
--Election =does not participate= Governor + member of Rajya Sabha+President.

RS > LS:
--Ar 249 à authorize parliament @ state list.
--Ar 312 à authorize to create new All India Services.
 

Contempt & Privillages:

Breach of Privileges	Contempt of Parliament
When someone disregards privileges(ex immunity and freedom of speech of MP)	Act of omission which obstructs house. impact on dignity, honor or parliament
All privileges = contempt	All contempt ≠ Privileges

GRANTs:
Additional Grant: It is granted when a need has arisen during the current financial year for
additional expenditure upon some new service not contemplated in the budget for that year.

Excess Grant: It is granted when money has been spent on any service during a financial year in
excess of the amount granted for that service in the budget for that year. It is voted by the Lok
Sabha after the financial year.

Vote of Credit: It is granted for meeting an unexpected demand upon the resources of India, when
on account of the magnitude or the indefinite character of the service, the demand cannot be stated
with the details ordinarily given in a budget. Hence, it is like a blank cheque given to the Executive
by the Lok Sabha.

Exceptional Grant: It is granted for a special purpose and forms no part of the current service of any

financial year.

State legislatures Vs Union Legislature ==== imp point:

Even though strenght Have fixed Range but Actual strenght is Fixed by Parliament for
both Sate & Union-----

Attribute	State assembly (SA)	State council (SC)	Council of Minister	Quorum
Strength	60 - 500	1/3rd of SA Or 40 whichever Max	15% of SA Or 12 Whichever Max	10% or 10 Whichever Max (Min requirement)
Equivalent At UNION	545 Max (Lok Sabha)	245 Max (Rajya Sabha)	15% Max	10% (Min Requirement)

Parliament Vs State Legislature @ Ordinary Bill Parliament State legislature Introduced= Both House Introduced=Both house By Minister+ Private member Minister+ Private member Passes 1st +2nd +3rd reading in originating house 1st +2nd +3rd reading in originating house Equal say of both house Equal say of both house Joint sitting No joint sitting one house can not override other by repassing the bill second time. Legislative assembly can override legislative council by repassing unchanged bill second time. Vicer Versa is not true The mechanism of joint sitting for resolving a deadlock applied to a bill whether originating in Lok Sabha or Rajya Sabha . If a joint sitting is not summoned by the president, the bill ends becomes dead For Deadlock= Lower house repasses same bill again. But if has originated in Upper house= No provision to resolve conflict=Bill ends. Parliament Vs State Legislature @ Money Bill
Parliament	State Legislature
Introduced= only in Lok Sabha	Only in Legislative Assembly(Lower House)
Prior recommendation of President	Prior recommendation of Governor
Introduced by Minister (and not Private member)	Introduced by Minister (and not Private member)
Rajya Sabha= can not Ammend + Reject=return as it is(Suggestion allowed) within 14 days= after 14 days Automatically passed	Legislative council= can not Ammend + Reject=return as it is(Suggestion allowed) within 14 days= after 14 days Automatically passed
Lower house can/Can not accept the recommendation of Upper house	Lower house can/Can not accept the recommendation of Upper house