Role of Indian Parliament in Democracy -

Parliament is the central legislative organ of the Union Government; complements the Executive and Judiciary.
Core institution in India’s parliamentary democracy, ensuring accountability and representation.
Central to law-making, budget approval, and policy debate.
Upholds representative democracy by reflecting diverse socio-economic backgrounds.
Functions as a watchdog of executive accountability and public interest.

Constitutional Framework (Articles 79–122, Part V)

Article 79: Parliament = President + Rajya Sabha + Lok Sabha.
Articles 80–81: Composition of Rajya Sabha and Lok Sabha.
Article 82: Delimitation after each Census.
Articles 83–122: Cover term, sessions, privileges, procedures, quorum, and other aspects.

Structure of Parliament

Three Components: President (not a member), Rajya Sabha (Upper House), Lok Sabha (Lower House).
Hindi Names adopted in 1954 – Rajya Sabha and Lok Sabha.
President has powers to summon, prorogue, dissolve, and issue ordinances.
Resembles British Parliamentary model: President-in-Parliament like Crown-in-Parliament.

Rajya Sabha (Council of States) – Article 80

Maximum strength: 250 (238 elected + 12 nominated).
Current strength: 245 (229 from States, 4 from UTs, 12 nominated).
Election: Indirect, through proportional representation via single transferable vote.
Nominations: Experts in art, literature, science, social service.
States represented based on population (not equal like US Senate).

Lok Sabha (House of the People) – Article 81

Maximum strength: 552 (530 states + 20 UTs + 2 Anglo-Indians – deleted via 104th CAA).
Current strength: 543 (530 states + 13 UTs).
Election: Direct by people based on universal adult franchise.
Representation of Anglo-Indians ended in 2020 by 104th Amendment Act.

Electoral Mechanism of Lok Sabha

Each state divided into territorial constituencies.
Representation ratio among states and within states should be uniform.
Delimitation Acts passed in 1952, 1962, 1972, and 2002.
Seat allocation frozen by 42nd Amendment (1976) till 2000 (later extended to 2026 by 84th CAA).
87th Amendment (2003): Delimitation based on 2001 Census.

Reservation in Lok Sabha

SC/ST reservation based on population – extended till 2030 (104th CAA).
No separate electorate; elected by all voters.
SC/ST candidates can also contest general seats.

First Past the Post (FPTP) System

Candidate with highest votes wins, not necessarily majority.
Simple, direct, ensures constituency-representative link.
Adopted for Lok Sabha, State Assemblies, and all direct elections.
Criticised for vote-seat mismatch and underrepresentation of minorities/small parties.

Proportional Representation (PR) in India

Adopted for indirect elections: President, Vice-President, Rajya Sabha, Legislative Councils.
Used via single transferable vote system.
Promotes diversity and better representation but may weaken voter-candidate bond.
Leads to coalition politics and government instability if applied directly.

Proportional Representation vs. First Past the Post System

Aspect	Proportional Representation (PR)	First Past the Post (FPTP)
Constituency Size	Large constituencies; the entire country may be a single constituency (e.g., Israel, Netherlands)	Country divided into small constituencies (e.g., India, UK)
Number of Representatives per Constituency	More than one representative per constituency	Only one representative per constituency
Voting Preference	Voters vote for a party	Voters vote for a candidate
Seat Allocation	Parties get seats in proportion to the votes they receive	A party may win more seats than votes it receives
Winning Criteria for Candidate	Candidate must secure majority (50%+1) votes	Candidate can win without majority, just more than others
Nature of Representation	Ensures fair and inclusive representation of smaller groups and parties	May exclude smaller parties; favors larger or regional ones
Political Outcome	Leads to coalition governments; may cause instability	Generally ensures stable governments with clear majorities
Examples	Israel, Netherlands	India, United Kingdom

Duration & Dissolution: Lok Sabha vs Rajya Sabha

Lok Sabha: 5-year term (Art. 83), dissolves automatically; can be dissolved earlier by President (non-justiciable).
Term extendable during National Emergency—1 year at a time; not beyond 6 months after Emergency ends.
Rajya Sabha: Permanent body; not subject to dissolution. 1/3rd of members retire every 2 years (6-year term as per RPA 1951).

Membership Qualifications (Art. 84 & RPA 1951)

Must be an Indian citizen, minimum 25 years (LS) and 30 years (RS).
Must take oath/affirmation (Schedule III) and be a registered voter.
SC/ST candidates: Can contest reserved and unreserved seats.
2006 SC judgment: Rajya Sabha candidates need not be state electors.

Disqualification Grounds

Constitutional (Art. 102): Office of profit, unsound mind, undischarged insolvent, foreign allegiance.
Statutory (RPA 1951): Conviction ≥2 years, corrupt practices, unfiled expenses, conflict of interest, dismissal from service, social offences (sati, dowry).

Anti-Defection Provisions (Tenth Schedule)

Applies if MP resigns from party, defies whip, joins party (independent/nominated).
Presiding Officer decides; decision subject to judicial review (Kihoto Hollohan case, 1992).

Vacation of Seats

By resignation, death, absence (60 days), disqualification, dual membership, election void, expulsion, or holding high office.
RPA 1951: High Court can void election of disqualified MP; appeal lies with SC.

Dual Membership

Cannot be MP in both Houses, or in Parliament & State Legislature.
Must vacate one seat within deadline (10 days for Parliament Houses; 14 days for state & Parliament).

Oath & Parliamentary Privileges

MPs must take oath before President or delegate.
No voting, participation or privileges without oath.
No separate oath for Speaker or Deputy Speaker.

Salaries & Allowances

Decided by Parliament.
Speaker, Deputy Speaker, Chairman & Deputy Chairman salaries charged on Consolidated Fund of India.
MPs receive pension (since 1976).

Speaker of Lok Sabha (Art. 93)

Elected by LS; remains till new LS forms.
Removal: Resolution by absolute majority with 14-day notice.
Powers: Final interpreter of rules, presides over joint sittings, decides on money bills, adjudicates anti-defection cases.
Chairs key committees (Business Advisory, Rules, etc.).

Criticisms of Speaker’s Role

Accusations of partisanship, misuse of money bill certification (e.g., Aadhaar Bill).
Influence in defection cases questioned.
No cooling-off period post-tenure; lacks neutrality like UK system.

Suggested Reforms

Transfer defection adjudication to EC or neutral body.
Establish non-party convention for Speaker like UK.
Ensure transparent decision-making and no post-retirement political posts.

Deputy Speaker (Art. 93)

Usually from opposition; elected by LS.
Assumes all powers of Speaker when absent.
Presides over joint sessions if Speaker is absent.
Removable by absolute majority; resigns to Speaker.

Speaker Pro Tem (Art. 95)

Appointed by President (usually senior-most MP).
Administers oath to new MPs and conducts Speaker’s election.
Ceases to exist after Speaker is elected.

Panel of Chairpersons

10 members nominated by Speaker.
Preside in absence (not vacancy) of Speaker/Deputy Speaker.
Hold same powers temporarily.

Chairman of Rajya Sabha (Art. 89)

Vice-President of India is ex-officio Chairman.
Not a RS member; cannot vote in first instance.
Cannot preside during own removal motion.
Decisions similar to Speaker but does not decide on money bills.

Deputy Chairman (Rajya Sabha)

Elected by RS; presides in Chairman’s absence.
Not subordinate to Chairman.
Removable by absolute majority; resigns to Chairman.

Panel of Vice-Chairpersons

Nominated by Chairman; act in absence (not vacancy) of Chair/Deputy Chair.
Hold same powers temporarily.

Parliamentary Secretariat (Art. 98)

Separate secretariats for both Houses.
Headed by Secretary-General, appointed by presiding officer.
Service rules framed by Parliament.

Leader of the House

Not constitutional; defined in Rules of House.
Coordinates House business, liaison with Speaker, party floor leader.
In Lok Sabha, usually PM or nominated minister.

Leader of Opposition

Statutorily recognized (1977); not in Constitution.
Must head largest opposition party with ≥10% strength.
Functions: Critique government, suggest alternatives, cabinet rank.

Shadow Cabinet (UK System)

Created by Opposition to “shadow” government ministers.
Prepares for ministerial roles if power changes.

Role of Opposition

Ensures accountability, checks abuse, represents minorities, raises issues.
Helps in law-making, policy feedback, and shaping debates.

Challenges Facing Indian Opposition

Obstructionist tactics, unethical conduct, weakening of debates.
Disruptions, scams, personality-based attacks over policies.
Poor quality of questions in Question Hour.
Rising costs vs falling performance.

Role and Function of Whips in the Indian Parliament

Whip System: A parliamentary convention; not mentioned in the Constitution, House Rules, or statute.
Party Appointment: Each political party (ruling or opposition) appoints its own whip.
Functions:
- Ensures attendance of party members during sessions.
- Secures party support on crucial legislative matters.
- Regulates and monitors member behavior during proceedings.
Disciplinary Powers: Members disobeying the whip may face disciplinary action including disqualification under the anti-defection law.

Parliamentary Sessions in India (Article 85)

Session Requirement: Parliament must meet at least twice a year; gap between sessions cannot exceed 6 months.
Three Regular Sessions:
- Budget Session (Feb–May) – Longest.
- Monsoon Session (July–Sept).
- Winter Session (Nov–Dec).
Session Definition: Period from first sitting to prorogation/dissolution.
Recess: Period between prorogation and reassembly.

Adjournment and Related Concepts

Adjournment:
- Suspension of a sitting for hours, days, or weeks.
- Decided by the Presiding Officer.
Adjournment Sine Die:
- House adjourned without fixing a reassembly date.
- Power lies with the Presiding Officer.
Prorogation:
- Formal end of a session.
- Declared by President after adjournment sine die or while House is in session.
Dissolution (Only Lok Sabha):
- Ends the life of the House; may occur:
  - Automatically after 5 years.
  - Earlier if President dissolves the House.
- On dissolution, all pending business lapses, except:
  - Pending Rajya Sabha bills.
  - Joint sitting notices.
  - Assurances before the Committee on Govt Assurances.

Lapsing of Bills

Lapse:
- Bills pending in Lok Sabha.
- Bills passed by Lok Sabha but pending in Rajya Sabha.
Do Not Lapse:
- Pending in Rajya Sabha only.
- Passed by both Houses but awaiting presidential assent.
- Referred back by President.
- Joint sitting notified by President but not yet held.

Key Roles in Session Management

President: Summons, prorogues, dissolves.
Presiding Officer: Adjournment and adjournment sine die.

Quorum

Definition: Minimum number for valid meeting = 1/10th of total strength.
Lok Sabha Quorum: 55 members (out of 550).
Rajya Sabha Quorum: 25 members (out of 250).
Shortage: Meeting is suspended until quorum is restored.

Lame Duck Session

Last session of Lok Sabha after new elections.
Outgoing members not re-elected are referred to as “lame ducks”.

Legislative Procedure in Parliament (Ordinary Bills)

First Reading

Introduction of bill in either House.
Title and objectives are read.
Published in the Gazette of India.

Second Reading

Detailed scrutiny in two stages:
- General Discussion – principles debated.
- Committee Stage – bill may be referred to Select or Standing Committee.
- Consideration Stage – clause-by-clause discussion and voting.

Third Reading

Debate limited to acceptance/rejection.
No amendments allowed.
Voting and authentication by presiding officer.

Second House

Follows same 3 stages.
In case of deadlock, President may summon Joint Sitting (Article 108).

Presidential Assent

Options: Assent / Withhold Assent / Return (not for money bills).
If assented, bill becomes an Act.

Public vs Private Member’s Bill

Aspect	Public Bill	Private Member’s Bill
Introduced by	Minister	Any MP (non-minister)
Reflects	Govt. policy	Opposition views
Approval Chances	High	Low
Notice Required	7 days	1 month
Drafted by	Govt. departments	Individual MP
Rejection leads to	No confidence (Govt falls)	No implication on Govt.

Only 14 private member’s bills have become laws so far.
They cannot introduce Money Bills, but can propose Constitutional Amendments.

Money Bill (Article 110)

Definition

A bill that only deals with:

Taxation (imposition, alteration, etc.)
Borrowing of money by Govt.
Consolidated Fund of India (CFI): custody, withdrawal, etc.
Appropriation of money from CFI
Expenditure charged on CFI
Receipt/custody of public accounts
Audit of Union/state accounts

Excluded: fines, fees, local taxes.

Key Features

Speaker’s Certification is final (not judicially reviewable).
Can only be introduced in Lok Sabha by a Minister.
Needs President’s recommendation before introduction.
Rajya Sabha can only suggest changes—no power to amend/reject.
Rajya Sabha must return in 14 days, else deemed passed.
President can’t return the bill—only assent or withhold.

Financial Bills (Article 117)

Types

Money Bill – Art. 110
Financial Bill I – Art. 117(1)
Financial Bill II – Art. 117(3)

Financial Bill I

Contains money bill elements + other matters.
Introduced in Lok Sabha only, by Minister, with President’s recommendation.
Amendment to reduce/abolish tax doesn’t need prior recommendation.
Rajya Sabha can amend/reject; Joint Sitting possible.

Financial Bill II

Contains provisions for expenditure from CFI.
No money bill matters.
Introduced in either House, by any MP.
President’s recommendation needed only at consideration stage.
Treated as an Ordinary Bill otherwise.

Ordinary Bill vs Money Bill

Feature	Ordinary Bill	Money Bill
Introduced in	Either House	Lok Sabha only
Introduced by	Any MP	Minister only
President’s Recommendation	Not needed	Mandatory
Rajya Sabha Powers	Amend/reject	Only recommend
Time limit in Rajya Sabha	6 months	14 days
Speaker Certification	Not needed	Mandatory
Joint Sitting	Applicable	Not applicable
Defeat effect	May lead to Govt resignation	Leads to Govt resignation
President options	Approve, return, withhold	Only approve/withhold

Issues with Money Bill Certification

Article 110(1) gives unchallengeable power to the Speaker.
Rajya Sabha sidelined—undermines bicameralism.
Aadhaar Act, Finance Act 2017 classified as money bills to bypass scrutiny.
Undermines Constitutional checks envisaged by Ambedkar.

Issues with Money Bill Certification

Article 110(1) gives unchallengeable power to the Speaker.
Rajya Sabha sidelined—undermines bicameralism.
Aadhaar Act, Finance Act 2017 classified as money bills to bypass scrutiny.
Undermines Constitutional checks envisaged by Ambedkar.

. Joint Sessions in Parliament (Art. 108)

Purpose: To resolve a legislative deadlock between the Lok Sabha and Rajya Sabha.
Conditions for Joint Sitting:
- Bill rejected by the other House.
- Disagreement on amendments.
- Bill pending for more than 6 months.
Not applicable to:
- Money Bills (Art. 110)
- Constitutional Amendment Bills (Art. 368)
Presiding Officer: Speaker of Lok Sabha (others in hierarchy: Deputy Speaker, Deputy Chairman of Rajya Sabha, member elected by the House).
Quorum: 1/10th of total members of both Houses.
Rules Applied: Lok Sabha rules govern joint sitting.
Voting: Simple majority of members present and voting.
Restrictions on Amendments: Only final disagreement or delay-related amendments allowed.
Instances of Joint Sittings: 1961, 1978, 2002.

Budgeting Process in Indian Parliament (Art. 112)

Budget Overview

Presented: By Finance Minister on 1st February.
Constitutional term: Annual Financial Statement.
Financial Year: 1 April to 31 March.
Union Budget Components:
- Revenue & capital receipts
- Expenditure details
- Economic policy
- Past performance

Stages of Budget Enactment

Presentation
General Discussion
Scrutiny by Standing Committees
Voting on Demands for Grants
Passing of Appropriation Bill
Passing of Finance Bill

Role of Rajya Sabha

Can discuss the budget but cannot vote on demands for grants.

Cut Motions

Purpose: To reduce demands for grants and ensure executive accountability.
Types:
1. Policy Cut – Reduce to ₹1 to oppose policy.
2. Economy Cut – Reduce by a specific amount.
3. Token Cut – Reduce by ₹100 to raise specific grievance.
Effect: If passed, implies loss of parliamentary confidence.
Limitations: Rarely passed; Guillotine method used to speed passage.

Appropriation Bill

Allows withdrawal of money from Consolidated Fund of India.
Covers:
- Voted grants
- Charged expenditures
Non-amendable
Becomes law after President’s assent

Vote on Account

Temporary approval for government expenditure until Appropriation Act is passed.
Valid for 2 months; usually 1/6th of total budget.

Finance Bill

Legalises income side of the budget.
Introduced only in Lok Sabha.
Must be enacted within 75 days.

Constitutional Funds :

Fund	Article	Purpose
Consolidated Fund of India	Art. 266	All govt revenues and loans credited here; requires Parliamentary approval for expenditure
Public Account of India	Art. 266	Includes deposits like PF, judicial deposits; no legislative approval needed
Contingency Fund of India	Art. 267	For unforeseen expenditure; operated by President

Charged vs. Votable Expenditure

Charged: Not subject to vote (e.g., salaries of President, SC Judges, CAG).
Votable: Requires Lok Sabha approval via grants.

Parliamentary Privileges (Art. 105)

Privileges include:
- Freedom of speech in Parliament
- Immunity from legal action for parliamentary proceedings
Applicable to:
- MPs, committees, AGI, Union Ministers
Sources:
- Constitution, laws, rules of procedure, conventions, court rulings
Not applicable to:
- President (not a member of either House)

Parliamentary Privileges in India

Individual Privileges of MPs

Freedom from arrest in civil cases during the session and 40 days before and after the session. Not available in criminal/preventive detention cases.
Freedom of speech in Parliament—members not liable for any vote given or speech made in the House/committees.
Exemption from jury service and can refuse to appear as a witness when Parliament is in session.

Collective Privileges of Parliament

Power to publish proceedings and prohibit others from doing so.
44th CAA (1978) restored press freedom to publish true reports.
Can exclude strangers and hold secret sittings.
Power to regulate procedure, punish breach of privilege/contempt, and receive info on arrest/detention of MPs.
Cannot arrest or serve legal process within House precincts without presiding officer’s consent.

Breach of Privilege vs Contempt of House

Breach of Privilege: Disrespect of individual or collective House rights.
Contempt of House: Wider term; includes any obstruction or insult to the authority/dignity of the House.
A Privilege Committee (15 LS/10 RS members) investigates cases and recommends action.
Breach ≠ always contempt; contempt may not involve privilege breach.

Codification of Privileges –

Arguments For:

Clarity, consistency, less ambiguity.
Avoids conflicts between Parliament and Judiciary.
Promotes accountability and adherence.

Arguments Against:

May bring privileges under Article 13(2) scrutiny.
Codification risks politicization (majority party bias).
Reduces interpretive power of presiding officers.
Judiciary may need to reconcile with Part III (FRs).

Challenges to Parliament’s Effectiveness

Lack of time/expertise to handle complex administration.
Financial scrutiny weakened by guillotine tactics.
Weak Opposition, unruly behaviour, declining sittings.
Delegated legislation & frequent ordinances dilute law-making.
Rising criminalization, aging MPs, underrepresentation of women.
Increasing tokenism and dynastic politics.

Multifunctional Role of Indian Parliament

Legislative Powers

Make laws for Union & residuary subjects; override state laws in Concurrent List.
Ordinances need Parliament’s approval within 6 weeks.
Can legislate on State List in 5 exceptional cases.

Executive Control

Tools: Question Hour, Zero Hour, Motions, Committee Oversight.
Council of Ministers (CoM) is collectively responsible to LS.
CoM can be removed via No-Confidence Motion.

Financial Powers

No tax/expenditure without Parliament’s approval.
Budget control before and after appropriation.
Annuity and Rule of Lapse principles followed.

Constituent Powers

Parliament can amend Constitution in 3 ways (Simple, Special, Special+States).
Subject to Basic Structure doctrine (Kesavananda Bharati case).

Judicial Powers

Impeachment of President, Removal of VP, Judges, CEC, CAG.

Electoral Powers

Elects President and VP.
Regulates electoral laws (RPA Acts).
Elects Speaker, Deputy Speaker (LS), Deputy Chairman (RS).

Other Powers

Approves national emergencies, alters state boundaries.
Can create/abolish legislative councils.
Discusses national/international issues.

Parliamentary Sovereignty: India vs Britain

British Parliament is legally sovereign—no restrictions, no judicial review.
Indian Parliament is constitutionally restricted due to:
- Written Constitution
- Federalism
- Judicial Review
- Fundamental Rights

Lok Sabha vs Rajya Sabha: Comparative Role

Lok Sabha Dominance

CoM accountable to LS (Art. 75).
Exclusive power on Money Bills, Vote on Grants, and Emergency discontinuance.
More representation in JPCs and Standing Committees.

Rajya Sabha – Role and Influence

Can allow Centre to legislate on State List (Art. 249).
Can initiate removal of Vice President (Art. 67).
Approval of emergencies when LS is dissolved.
Equal in ordinary bills, constitutional amendments, electoral powers.

Significance:

Federal balance, intellectual input, revision chamber.
Protects Constitution from executive overreach.

Criticism:

Not fully federal (nominated members, unequal state representation).
Weak performance as revision chamber and guardian of states’ rights.
Used as rehabilitation platform for elite.

Women’s Reservation in Parliament

Background

108th CAA Bill (2008): Reservation for women in LS and state assemblies.
1/3rd of seats reserved for SC/ST women as well.
Lapsed despite RS approval in 2010.

The Constitution (106th Amendment) Act, 2023, aims to improve women’s representation in Indian politics by reserving one-third of seats for women in the Lok Sabha and State Assemblies. Despite the passing of this act, women’s participation remains low, reflecting ongoing challenges in a patriarchal political landscape. Addressing these barriers is crucial for achieving true gender equality in governance.

Advantages

Gender-inclusive democracy.
Empowers women politically and economically.
Positive multiplier effects on society.
Brings gender lens to policymaking.

Concerns

Proxy candidature by male relatives.
Restriction on voter choice.
Rotation system causes instability.
Ignores Rajya Sabha, State Councils.

Alternatives:

1/3rd party tickets to women (as done by AAP, BJD).
Dual membership seats, focus on weak constituencies.
Amend RPA 1951, strengthen intra-party democracy.

Relationship Between Legislature and Executive in India

Essential Functions of the Indian Parliament

Forms the government based on popular mandate (Article 75).
Legislative role: Enacts fair, objective and sound laws.
Financial role: Parliament is the custodian of public finances.
Ensures executive accountability through discussions and tools.
Serves a representative role—MPs link citizens with the government.
Functions as a national forum for unity and a temple of democracy.
Acts as an organ of information—communicating policies, debates, and issues.

Need for Parliamentary Monitoring in India

India follows an indirect parliamentary democracy.
Parliament ensures checks on the executive, especially with majority dominance.
Helps shape public policy and sensitize government to people’s issues.
Guarantees fair legislation and accountable governance.

Tools for Executive Oversight

Zero Hour
Question Hour
All types of motions and resolutions
Discussion on President’s Address
Budgetary Procedure
No-confidence and censure motions
Parliamentary Committee system

Challenges to Parliamentary Oversight

Technical complexity of administration hampers meaningful scrutiny.
Rise in delegated legislation lacks parliamentary checks.
Quality of debate has declined.
Reduced sittings weaken legislative-executive engagement.
Fragmented Opposition and disruptions impair functioning.
Question Hour/Zero Hour losing efficacy.
Parliamentary Committees lack technical depth in some domains.

Contemporary Developments and Trends

Coalition Era made committees more representative and active.
Spike in Private Members’ Bills (300+ in last Lok Sabha), though few passed.
Presiding officer’s rulings gaining influence.
Off-the-record meetings becoming normal.
Rise in regional party assertiveness.
Overuse of Guillotine bypasses debates on budget demands.
Ordinance route increasingly used, bypassing legislature.
Consensus-building across parties becoming harder.

Improving Coalition Governance

Adopt a Common Minimum Programme (CMP) before elections.
Anti-defection law to ensure coalition stability.
Observe Coalition Dharma—ethical cooperation.
Set up a Coordination Committee for conflict resolution.
Avoid personal attacks and promote mutual respect.
Promote free electoral alliances with ideological alignment.
Establish a uniform media strategy among partners.