B.6. Various Motions in the Indian Parliament: Procedures, Significance, and Implications:

Substantive Motion in the Indian Parliament for Addressing Major Matters – It is a self-contained independent proposal dealing with a very important matter like impeachment of the President or removal of Chief Election Commissioner.
Subsidiary Motion in the Indian Parliament in Relation to Original Motions – It is a motion that, by itself, has no meaning and cannot state the decision of the House without reference to the original motion or proceedings of the House.
Substitute Motion in the Indian Parliament as an Alternative to Original Motions

It is a motion that is moved in substitution of an original motion and proposes an alternative to it.
If adopted by the House, it supersedes the original motion

Simple Closure	Closure By Compartments	Kangaroo Closure	Guillotine Closure
It is one when a member moves that the ‘matter having been sufficiently discussed be now put to vote’.	The clauses of a bill or a lengthy resolution are grouped into parts before the commencement of the debate. The debate covers the part as a whole and the entire part is put to vote.	Only important clauses are taken up for debate and voting and the intervening clauses are skipped over and taken as passed.	It is one when the undiscussed clauses of a bill or a resolution are also put to vote along with the discussed ones due to want of time.

Related Topics	Details
What is the Procedure and Purpose of Privilege Motion in the Indian Parliament ?	It is concerned with the breach of parliamentary privileges by a minister. It is moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members. Motion can be moved on grounds of withholding facts of a case or by giving wrong or distorted facts. Its purpose is to censure the concerned minister.
What is the procedure and significance of Calling Attention Motion in the Indian Parliament for Addressing Urgent Public Concerns?	It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter. This motion is also an Indian innovation (since 1954)in the parliamentary procedure. It is mentioned in the Rules of Procedure (unlike the zero hour)
Adjournment Motion in the Indian Parliament	It is introduced in the Parliament to draw attention of the House to a definite matter of urgent public importance. This motion needs the support of 50 members to be admitted. It is regarded as an extraordinary device as it interrupts the normal business of the House. It involves an element of censure against the government. Rajya Sabha is not permitted to make use of this device. The discussion on an adjournment motion should last for not less than two hours and thirty minutes. Criteria for Admissibility It must deal with matters of urgent public importance. It must be on a specific matter. It should involve the responsibility of the government. It should not raise the question of privileges. It should not raise sub judice matters. At least 50 Lok Sabha MPs must support it
No-Confidence Motion in the Indian Parliament	Article 75– The council of ministers shall be collectively responsible to the Lok Sabha. This principle is the bedrock of parliamentary democracy. It means that the ministry stays in office so long as it enjoys the confidence of the majority of the members of the Lok Sabha. The Lok Sabha can remove the ministry from office by passing a no- confidence motion. Can be raised only once in a session. (Maximum thrice a year) Motion is explicitly mentioned in Rules 198 of Lok Sabha. No grounds required to introduce this motion. It is always moved against the entire CoM, not against individual ministers. The motion needs the support of 50 members to be admitted.
Confidence Motion in the Indian Parliament: Procedure, Implications, and Government Stability	The motion of confidence has come up as a new procedural device to cope with the emerging situations of fractured mandates resulting in hung parliament, minority governments and coalition governments. The governments formed with wafer-thin majority have been called upon by the President to prove their majority on the floor of the House. The government of the day, sometimes, on its own, seeks to prove its majority by moving a motion of confidence and winning the confidence of the House. If the confidence motion is negative, it results in the fall of the government.
Motion of Thanks in the Indian Parliament	The first session after each general election and the first session of every fiscal year is addressed by the president. In this address, the president outlines the policies and programmes of the government in the preceding year and ensuing year. This address of the president is discussed in both the Houses of Parliament on a motion called the ‘Motion of Thanks’. At the end of the discussion, the motion is put to vote. This motion must be passed in the House. Not passing the motion amounts to the defeat of the government. This inaugural speech of the president is an occasion available to the members of Parliament to raise discussions and debates to examine and criticise the government and administration for its lapses and failures.
No-Day-Yet-Named Motions in the Indian Parliament: Procedure and Allocation for Discussion	A motion that has been admitted by the Speaker but no date has been fixed for its discussion. The Speaker, after considering the state of business in the House and in consultation with the leader of the House or on the recommendation of the Business Advisory Committee, allots a day or days or part of a day for the discussion of such a motion.
Dilatory Motions in the Indian Parliament: Impact on Legislative Proceedings	It is a motion for the adjournment of the debate on a bill / motion / resolution etc. or a motion to retard or delay the progress of a business under consideration of the House. It can be moved by a member at any time after a motion has been made. The debate on a dilatory motion must be restricted to the matter contained in such motion.
Point of Order in the Indian Parliament	A point of order should relate to the interpretation or enforcement of the Rules of the House or such articles of the Constitution that regulate the business of the House and should raise a question that is within the cognizance of the Speaker. It is usually raised by an opposition member in order to control the government. It is an extraordinary device as it suspends the proceedings before the House. A member can raise a point of order when the proceedings of the House do not follow the normal rules of procedure. No debate is allowed on a point of order.
Half-an-Hour Discussions in the Indian Parliament	It is meant for discussing a matter of sufficient public importance, which has been subjected to a lot of debate and the answer to which needs elucidation on a matter of fact. The Speaker can allot three days in a week for such discussions. There is no formal motion or voting before the House.
Short Duration Discussions in the Indian Parliament: Procedure, Purpose	It is also known as “two-hour discussion” as the time allotted for such a discussion should not exceed two hours. The members of the Parliament can raise such discussions on a matter of urgent public importance. The Speaker can allot two days in a week for such discussions. There is neither a formal motion before the house nor voting. This device has been in existence since 1953.
Special Mention in the Indian Parliament	A matter which is not a point of order or which cannot be raised during question hour, half-an hour discussion, short duration discussion or under adjournment motion, calling attention notice or under any rule of the House can be raised under the special mention in the Rajya Sabha. Its equivalent procedural device in the Lok Sabha is known as ‘Notice (Mention) Under Rule 377’.
Resolutions in the Indian Parliament: Procedures and Significance in Legislative Proceedings	The difference between the resolution and motion is less of content and more of procedural aspect. Members can move resolutions to draw the attention of the House or the government to matters of general public interest. Resolutions are always formally voted upon. All resolutions can be viewed as substantive motion. A member who has moved a resolution or amendment to a resolution cannot withdraw the same except by leave of the House.
Types of Resolutions in the Indian Parliament	Private Member’s Resolution – This is moved by a private member(other than a minister). It is discussed only on alternate Fridays and in the afternoon sitting.
	Government Resolution – This is moved by a minister. It can be taken up any day from Monday to Thursday.
	Statutory Resolution – This can be moved either by a private member or a minister. It is always tabled in pursuance of a provision in the Constitution or an Act of Parliament.
Challenges with Guillotine Motion in the Indian Parliament	This dilutes the accountability of the legislature over the executive. Passage of guillotine frequently could lead to misappropriation of allocation. Guillotine reduces the role and oversight of opposition over public finances. Misuse of provision – e.g less than about 40 percent part of Budget 2019 got discussed. Moreover it was passed as a guillotine due to lack of time.
Solutions of Guillotine Motion	Guillotine motion should be used in exceptional circumstances. Before passing such a motion, opposition should be consulted. It should not be passed in case of important provisions in the bill. Selective and Case-by-case approach could be delineated
Legislative Proceedings in the Indian Parliament	A bill is a proposal for legislation and it becomes an act or law when duly enacted. The legislative procedure is the same in both the Houses of Parliament. Every bill has to pass through the same stages in each House.
Ordinary Bills in the Indian Parliament	Bills which are concerned with any matter other than financial subjects are ordinary bills. Every ordinary bill has to pass through the following five stages- 1. FIRST READING- Introduction of the bill and publication in gazette of india. 2. SECOND READING- General but also the detailed scrutiny and assumes its final shape. Bill may refer to the select committee or departmental committee. Each clause is discussed and voted upon separately. 3. THIRD READING Debate is confined to the acceptance or rejection of the bill as a whole and no amendments are allowed. Voting on the bill stage and authentication by the presiding officer. 4. BILL IN THE SECOND HOUSE Bill passes through all the above three stages. The President can summon a joint sitting of the two Houses in case of a deadlock. 5. ASSETS OF THE PRESIDENT He may give his assent, withhold his assent, return the bill for reconsideration. If the president gives his assent to the bill, the bill becomes an act 14 private member’s bills — five of which were introduced in Rajya Sabha – have become law so far. They can bring in constitutional amendment bills but not money bills.
Article 110: Definition and Scope of Money Bills in the Indian Parliament	Money bills, which are concerned with financial matters like taxation, public expenditure, etc. Article 110 deals with the definition of money bills. It states that a bill is deemed to be a money bill if it contains ‘only’ provisions dealing with all or any of 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.
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 The demand for payment of fees for licenses or fees for services rendered The imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
Key Features of Money Bills in the Indian Parliament	Decision of the Speaker of the Lok Sabha is final, if any question arises whether a bill is a money bill or not. Such decisions cannot be questioned in any court of law or in either the House of Parliament or even the president. The Speaker endorses it as a money bill when a money bill is transmitted to the Rajya Sabha and presented to the president for assent. Money bills can only be introduced in the Lok Sabha on the recommendation of the president. Money bill is considered to be a government bill and so it can be introduced only by a minister. Rajya Sabha cannot reject or amend a money bill, can only make the recommendations. Rajya Sabha must return the bill to the Lok Sabha within 14 days, whether with or without recommendations. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha. If the Rajya Sabha fails to return the bill to the Lok Sabha within 14 days, the bill is deemed to have been passed by both the Houses in the form originally passed by the Lok Sabha. When a money bill is presented to the president, he may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for reconsideration of the Houses. Normally, the president gives his assent to a money bill as it is introduced in the Parliament with his prior permission.
Financial Bills in the Indian Parliament: Distinctions and Types	Financial bills, which are also concerned with financial matters (but are different from money bills). All money bills are financial bills but all financial bills are not money bills. Only those financial bills are money bills which contain exclusively those matters which are mentioned in Art. 110 of the Constitution. Types of Finance Bills – Money bills–Art. 110 Financial bills (I)–Art. 117 (1) Financial bills (II)–Art. 117 (3)
Financial Bill – I	A financial bill (I) contains any or all the matters mentioned in Art. 110 and also other matters of general legislation. A financial bill (I) is similar to a money bill in following aspects – Both of them can be introduced only in the Lok Sabha and not in the Rajya Sabha Both of them can be introduced only on the recommendation of the president. In all other respects, a financial bill (I) is governed by the same legislative procedure applicable to an ordinary bill. It can be either rejected or amended by the Rajya Sabha(except that an amendment other than for reduction or abolition of a tax cannot be moved in either House without the recommendation of the president i.e., In case of a disagreement, the president can summon a joint sitting of the two Houses to resolve the deadlock. When the bill is presented to the President, he can either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration of the Houses.
Financial Bill – II	A financial bill (II) contains provisions involving expenditure from the Consolidated Fund of India, but does not include any of the matters mentioned in Art. 110. It is treated as an ordinary bill and in all respects, it is governed by the same legislative procedure which is applicable to an ordinary bill. The only special feature of this bill is that it cannot be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill. A financial bill (II) can be introduced in either House of Parliament and recommendation of the President is not necessary for its introduction, but required at the consideration stage. Bill can be either rejected or amended by either House of Parliament. The President can summon a joint sitting of the two Houses to resolve the deadlock in case of a disagreement between the two Houses. When the bill is presented to the President, he can either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration of the Houses.
Issues with Money Bills in the Indian Parliament	Article 110(1) grants to the Speaker of the Lok Sabha the authority to certify a draft law as a money bill and his decision cannot be questioned and is beyond judicial review. Rajya Sabha has very limited powers and role w.r.t. money bill. This makes speakers a very powerful institution. An immunity from judicial scrutiny would effectively allow the government to elude the Rajya Sabha’s constitutional checks by simply having the Speaker classify a draft law as a money bill. Misuse of Art. 110 to bypass the oversight and scrutiny of Rajya Sabha. Aadhar act labeled as Money bill by speaker. Recently, Finance Act 2017 not only abolished some of the tribunals but also altogether repealed the standards provided in the different statutes which governed their functioning and divested this power to the executives. To use money bill as a means to nullify the Upper House’s democratic role in making substantive legislation undermines the Constitutional form which Ambedkar and the Constituent Assembly envisaged.
Way Forward	Finality according to the speaker’s decision in assigning Money bill too cannot be taken out from the court’s jurisdiction as the Supreme Court has repeatedly held that Judicial Review is a part of Basic Structure The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha. In case of non-acceptance by Lok Sabha, reasons should be mentioned. So that element of accountability could be induced. BRITAIN model of non-party member as speaker, so that misuse of powers for political gains could be curbed, although to a limited extent. Exploring the possibility of constituting a special committee to ascertain whether the proposed bill comes under the ambit of the money bill or not. This will reduce arbitrariness of speakers in endorsement of money bills.
Joint Sessions & Sittings: Challenges, Solutions
Joint Sessions in the Indian Parliament (Art. 108)	Under 108, the Constitution provided an extraordinary machinery of Joint sitting to resolve a deadlock between the two Houses over the passage of a bill. Potential situations of deadlocks – after a bill has been passed by one House and transmitted to the other House – If the bill is rejected by the other House If the Houses have finally disagreed as to the amendments to be made in the bill If more than six months have elapsed from the date of the receipt of the bill by the other House without the bill being passed by it. In the above situations, the president has power to summon both the Houses to meet in a joint sitting for the purpose of deliberating and voting on the bill. In reckoning the period of six months, no account can be taken of any period during which the other House (to which the bill has been sent) is prorogued or adjourned for more than four consecutive days. Provision of joint sitting is applicable to ordinary bills or financial bills only If the dispute bill has already lapsed due to the dissolution of the Lok Sabha, no joint sitting can be summoned, except the President has notified his intention to summon such a sitting(as the bill does not lapse in this case). After the President notifies to summon a joint sitting of the two Houses, none of the Houses can proceed further with the bill. Note: Provision of joint sitting is not applicable to following type of bills – Money bills (Art. 110) – Lok Sabha has overriding powers over Rajya Sabha Constitutional amendment bills (Art. 368) – Must be passed by each House separately with special majority.
Presiding Officer for Joint Sittings in the Indian Parliament	The Speaker of Lok Sabha presides over a joint sitting of the two Houses and the Deputy Speaker, in his absence. If the Deputy Speaker is also absent from a joint sitting, the Deputy Chairman of Rajya Sabha If he is also absent, such other person as may be determined by the members present at the joint sitting, presides over the meeting. Quorum for Joint Sitting– one-tenth of the total number of members of the two Houses. The joint sitting is governed by the Rules of Procedure of Lok Sabha and not of Rajya Sabha. Majority required in joint sitting – Majority of the total number of members of both the Houses present and voting in the joint sitting (Simple majority). Most of the time, the Lok Sabha with greater numbers wins the battle in a joint sitting. The Constitution has specified that at a joint sitting, new amendments to the bill cannot be proposed except in two cases: Those amendments that have caused final disagreement between the Houses. Those amendments that might have become necessary due to the delay in the passage of the bill. Note: The Chairman of Rajya Sabha does not preside over a joint sitting as he is not a member of either House of Parliament.
Joint Sittings in the Indian Parliament (SINCE 1950)	1961 – Dowry prohibition bill (Lok Sabha was disagreed with proposed amendments) 1978 – Banking services commission reform bill (rejected by Rajya Sabha) 2002 – Prevention of terrorism bill (Rajya Sabha rejected the bill)
Challenges and Critiques of Joint Sittings in the Indian Parliament (Art – 108)	Because of the sweeping majority, most of the bills easily get passed by Lok Sabha in joint sitting. This makes the position of Rajya Sabha virtually weak in the federal democratic polity of india. Moreover, joint sitting is usually presided over by the Lok Sabha speaker. Joint sitting is also governed by Rules of Lok Sabha. Majority required in joint sitting is simple majority present and voting. This makes passage of disputed bills even easier. In the last 70 years, only three joint sittings have been held. This fact implies the ineffectiveness of Rajya Sabha in ensuring scrutiny of the bill and its failure as a revising chamber to avoid hasty, ill-conceived legislation.
Solutions of the above challanges	Strengthening position of Rajya Sabha in proceedings of joint sitting. Rajya Sabha should function as a revising chamber more effectively and upto the expectations of constitution makers. Simple majority in joint sitting should be revised as a Special majority. This will ensure effective say of Rajya Sabha in resolving deadlocks in joint sitting. Exploring the possibility and feasibility of presiding officers other than speakers to impart independent and impartial viewpoints to resolve conundrum. Focus in joint sitting must be on “3Ds” – dialogue, discussion and dissention – This will strengthen the democratic fabric of Indian polity.
Budgeting Processes: Details, Challenges
Budgeting Process in the Indian Parliament (Annual Financial Statement) – Art. 112	Annual budgeting started in India in 1860. The term “budget” has nowhere been used in the Constitution rather refers to the budget as the “annual financial statement” under Art. 112. The budget is a statement of the estimated receipts and expenditure of the GoI in a financial year along with other provisions. Financial year of GoI – Begins on 1 April and ends on 31 March of the following year. Overall, the budget contains the following – Estimates of revenue and capital receipts Ways and means to raise the revenue Estimates of expenditure Details of the actual receipts and expenditure of the closing financial year and the reasons for any deficit or surplus in that year Economic and financial policy of the coming year. Prior to 2017, the Government of India had two budgets Railway Budget: Consisted of the estimates of receipts and expenditures of only the Ministry of Railways General Budget: Consisted of the estimates of receipts and expenditure of all the ministries of the Government of India (except the railways). The Railway Budget was separated from the General Budget in 1924 on the recommendations of the Ackworth Committee Report (1921) In 2017, the Central Government merged the railway budget into the general budget. Henceforth, there is only one budget for the GoI called the Union Budget.
Constitutional Provisions Governing the Budget Process in India	The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of estimated receipts and expenditure of the GoI for that year. No demand for a grant shall be made except on the recommendation of the President. No money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law. No money bill imposing tax shall be introduced in the Parliament except on the recommendation of the President, and such a bill shall not be introduced in the Rajya Sabha. No tax shall be levied or collected except by authority of law. Parliament can reduce or abolish a tax but cannot increase it. A money bill or finance bill dealing with taxation must be introduced only in the Lok Sabha and cannot be in the Rajya Sabha. Vote on the demand for grants is the exclusive privilege of the Lok Sabha, Rajya Sabha has no power. The Rajya Sabha should return the Money bill (or Finance bill) to the Lok Sabha within fourteen days. The budget shall distinguish expenditure on revenue accounts from other expenditure. The expenditure charged on the Consolidated Fund of India shall not be submitted to the vote of Parliament. However, it can be discussed by the Parliament.
Enactment of the Budget in the Indian Parliament	The budget goes through the following six stages in the Parliament: Presentation of budget. General discussion Scrutiny by departmental committees. Voting on demands for grants. Passing of appropriation bill. Passing of finance bill.
Introduction of the Budget in the Indian Parliament	Conventionally, the budget is presented to the Lok Sabha by the finance minister on the last working day of February with a speech known as the ‘budget speech’. Since 2017, the presentation of the budget has been advanced to 1st of February. Now, the Economic Survey (prepared by the finance ministry) presented one day or a few days before the presentation of the budget. This report is and indicates the status of the national economy There shall be no discussion of the budget on the day on which it is presented to the House. The budget is laid before the Rajya Sabha, which can only discuss it and has no power to vote on the demands for grants.
The budget documents presented to the Parliament consist of –	Budget Speech Annual Financial Statement Demands for Grants Appropriation Bill Finance Bill Expenditure Budget Receipts Budget Expenditure Profile Memorandum Explaining the Provisions in the Finance Bill Budget at a Glance Outcome Budget
Statements mandated under the FRBM Act –	Macro-Economic Framework Statement Fiscal Policy Strategy Statement Medium Term Fiscal Policy Statement
General Discussion on the Budget in the Indian Parliament	This begins a few days after its presentation. It takes place in both the Houses of Parliament and lasts usually for three to four days. During this stage, the Lok Sabha can discuss the budget as a whole or on any question of principle involved therein. No cut motion can be moved nor can the budget be submitted to the vote of the House. The finance minister has a general right of reply at the end of the discussion.
Scrutiny of Budget Demands by Departmental Committees in India	Post general discussion on the budget, the 24 departmental standing committees of Parliament examine and discuss in detail the demands for grants of the concerned ministers and prepare reports on them. These reports are submitted to both the Houses of Parliament for consideration. The standing committee system established in 1993 makes parliamentary financial control over ministries much more detailed, close, in-depth and comprehensive.
Demands for Grants: Voting Process and Cut Motions in the Indian Lok Sabha	Voting of demands for grants is the exclusive privilege of the Lok Sabha. Rajya Sabha has no power of voting the demands. Voting is confined to the votable part of the budget (the expenditure charged on the Consolidated Fund of India is not submitted to the vote). The demands are presented ministry wise. Each demand is voted separately by the Lok Sabha. A demand becomes a grant after it has been duly voted. Motions can also move to reduce any demand for grants. Such motions are called as ‘cut motion’, which are of three kinds: 1. Policy Cut Motion – It represents the disapproval of the policy underlying the demand. It states that the amount of the demand will be reduced to Rs 1. The members have an option to advocate an alternative policy. 2. Economy Cut Motion – It represents the economy that can be affected in the proposed expenditure. It states that the amount of the demand will be reduced by a specified amount. 3. Token Cut Motion – It ventilates a specific grievance that is within the sphere of responsibility of the GoI. It states that the amount of the demand will be reduced by Rs. 100.
Conditions for Cut Motion: Guidelines for Focused Parliamentary Debate in the Indian Parliament	It should relate to one demand only. It should be clearly expressed and should not contain arguments. It should be confined to one specific matter. It should not make suggestions for the amendment or repeal of existing laws. It should not refer to a matter that is not the primary concern of the Union government. It should not relate to the expenditure “charged upon” the Consolidated Fund of India. It should not relate to a matter that is under adjudication by a court. It should not raise a question of privilege. It should not revive discussion on a matter on which a decision has been taken in the same session. It should not relate to a trivial matter. It should not seek to raise a discussion on a matter pending before any statutory tribunal or statutory authority performing judicial or quasi-judicial functions or any commission or court of enquiry.
Significance of Cut Motion: Promoting Accountability and Parliamentary Scrutiny in the Indian Parliament	Facilitating the initiation of concentrated discussion on a specific demand for grant. Upholding the principle of responsible government by probing the activities of the government. Passage of motion by the Lok Sabha amounts to the expression of want of parliamentary confidence in the government and may lead to its resignation.
Issues with Cut Motion –	The cut motion does not have much utility in practice. They are only moved and discussed in the House but not passed as the government enjoys majority support. Frequent recourse to ‘guillotine’– Speaker puts all the remaining demands to vote and disposes them whether they have been discussed by the members or not.
Passing the Appropriation Bill in the Indian Parliament for Fiscal Authorization	The Constitution states that “no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law”. An appropriation bill is introduced to provide for the appropriation out of the Consolidated Fund of India, all money required to meet: The grants were voted on by the Lok Sabha. The expenditure charged on the Consolidated Fund of India. The government cannot withdraw money from the Consolidated Fund till the enactment of the appropriation act. Amendment cannot be proposed to the appropriation bill in either house of the Parliament that will vary the amount or altering the destination of any grant voted, or of varying the amount of any expenditure charged on the Consolidated Fund of India. The Appropriation Bill becomes the Appropriation Act after it is assented to by the President. The Appropriation act authorises the payments from the Consolidated Fund of India.
Vote on Account: Empowering the Indian Parliament for Interim Fiscal Authorization	Passing an appropriation act takes time and usually goes on till the end of April. However, the government needs money to carry on its normal activities after 31 March (the end of the financial year). To resolve this, the Constitution has authorised the Lok Sabha to make any grant in advance in respect to the estimated expenditure for a part of the financial year. It is generally granted for two months for an amount equivalent to one- sixth of the total estimation.
Passage of the Finance Bill in the Indian Parliament	The Finance Bill is introduced to give effect to the financial proposals of the Government of India for the following year. The Finance Act legalises the income side of the budget and completes the process of the enactment of the budget. It is subjected to all the conditions applicable to a Money Bill. The amendments can be moved in the case of the finance bill. Finance Bill must be enacted (i.e., passed by the Parliament and assented to by the president) within 75 days.
Charged Expenditure and Parliamentary supervision	Expenditure ‘charged’ upon the Consolidated Fund of India– This charged expenditure is non-votable by the Parliament. It can only be discussed by the Parliament. Expenditure ‘made’ from the Consolidated Fund of India – This Type of expenditure has to be voted by the Parliament.
Challenges in Indian Budgeting	The Indian budget is by and large deficit oriented. The Indian budget is weak in public participation and involvement – less inclusive. Limited transparency and accountability w.r.t budgeting. Less observance and disregard to FRBM act 2003. Although implementing gender based budgeting, more needs to be done to implement it in letter and spirit.
Three Funds Defined by the Constitution of India	The Constitution of India provides for the following three kinds of funds – Consolidated Fund of India (Art. 266) Public Account of India (Art. 266) Contingency Fund of India (Art. 267)
Consolidated Fund of India: – Article 266	It is a fund to which all receipts are credited and all payments are debited. All revenues received by the Government of India All loans raised by the Government by the issue of treasury bills, loans or ways and means of advances All money received by the government in repayment of loans. All the legally authorised payments on behalf of the GoI are made out of this fund. Parliamentary law (Legislative action) is required for appropriation (issued or drawn) of funds from this account.
Contingency Fund of India – Article 267	The Constitution authorised the Parliament to establish a ‘Contingency Fund of India ‘into which amounts determined by law are paid from time to time. The Parliament enacted the contingency fund of India Act, 1950. This fund is placed at the disposal of the president, and he can make advances out of it to meet unforeseen expenditure pending its authorisation by the Parliament. The fund is held by the finance secretary on behalf of the president. Similar to the public account of India, it is also operated by executive action.
Public Account of India: Functions and Relevance in the Indian Parliamentary System – Article 266	All other public money (other than credited to the Consolidated Fund) received by or on behalf of the GoI shall be credited to the Public Account of India. Includes provident fund deposits, judicial deposits, savings bank deposits, departmental deposits, remittances among others. This account is operated by executive action. Payments from this account are mostly in the nature of banking transactions.
Classification of Majorities in the Indian Parliament	There is no explicit classification of majorities in the Indian constitution. A careful reading of different articles in the Indian Constitution would provide an idea about four types of majorities.
Simple Majority in the Indian Parliamentary System	50 percent + 1 of present and voting of the house.
Cases where the simple majority is used:	To pass Ordinary/Money/Financial bills. To pass Non-Confidence Motion, Adjournment Motion, Censure Motion, Confidence Motion. For the removal of the Vice President majority required in Lok Sabha is the simple majority – Art. 67(b). To declare a financial emergency. To declare a state emergency – President’s rule. Election of Speaker/Deputy Speaker of Lok Sabha and State legislatures. Constitution Amendment Bill under Art. 368 which needs to be ratified by states, requires only a simple majority at State Legislatures.
Absolute Majority in the Indian Parliament	50 percent + 1 of total membership of the house. E.g. Total membership of Lok Sabha is 545, an absolute majority in Lok Sabha means – 50% of 545 plus 1, i.e. 273.
Effective Majority in the Indian Parliament	Majority of the effective strength of the house. Effective strength of the house = Total membership minus vacancies. E.g. actual members are 540, then 50 percent + 1 of 540 members.
Cases where the effective majority is used –	Removal of Vice president in RS – Art. 67(b). Removal of Speaker and Deputy Speaker of Lok Sabha and State Legislative Assembly.
Special Majority in the Indian Parliament	As per Art. 249 – Two-third of present and voting, E.g. To pass the Rajya Sabha resolution to empower the parliament to make laws in the state list. As per Art. 368– Two-third of present and voting + majority of the house (More than 50 percent)
Cases where special majority as per article 368 is used:	To pass a constitutional amendment bill which does not affect federalism. Removal of judges of SC/HC. Removal of CEC/CAG. Approval of national emergency requires a special majority as per Art. 368 in both houses. Resolution by the state legislature for the creation/abolition of Legislative Council (Art. 169). As per Art. 368 – Two-third of present and voting + more than 50 percent of the state legislatures by simple majority. E.g. To pass a constitutional amendment bill which affects federalism like the position of high court judges.
Parliamentary Privileges: Safeguarding Independence and Effectiveness in the Indian Parliament	These are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members. They are necessary in order to secure the independence and effectiveness of their actions. In absence of privileges, the Houses can neither maintain their authority, dignity and honour nor can protect their members from any obstruction in the discharge of their parliamentary responsibilities. The Constitution has also extended the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. These include the attorney general of India and Union ministers. Parliamentary privileges do not extend to the president who is also an integral part of the Parliament. The President is not a member of either house.
Origins and Development of Parliamentary Privileges in the Indian Parliament	Originally, the Constitution in Art. 105 expressly mentioned two privileges- Freedom of speech in Parliament Right of publication of its proceedings. With respect to other privileges, it provided that they were to be the same as those of the British House of Commons, its committees and its members on the date of its commencement (26 January1950)until defined by Parliament. The 44th amendment has made only verbal changes by dropping a direct reference to the British House of Commons, without making any change in the implication of the provision. Till now, Parliament has not made any special lawton exhaustively codify all the privileges. Important Sources of Privileges are – Constitutional provisions, Various laws made by Parliament, Rules of both the Houses, Parliamentary conventions, Judicial interpretations.
Individual Privileges of Members in the Indian Parliament	They cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session. (available only in civil cases and not in criminal cases or preventive detention cases) They have freedom of speech in No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its committees. This freedom is subject to the provisions of the Constitution and to the rules and standing orders regulating the procedure of Parliament. They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session.
Collective Privileges of the Indian Parliament	It has the right to publish its reports, debates and proceedings and also the right to prohibit others from publishing the same. The 44th CAA of 1978 restored the freedom of the press to publish true reports of parliamentary proceedings without prior permission of the House. Case of a secret sitting of the House is an exception to this. It can exclude strangers from its proceedings and hold secret sittings to discuss some important matters. It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters. It can punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition or imprisonment (also suspension or expulsion, in case of members). It has the right to receive immediate information on the arrest, detention, conviction, imprisonment and release of a member. It can institute inquiries and order the attendance of witnesses and send for relevant papers and records. The courts are prohibited to inquire into the proceedings of a House or its committees. No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the permission of the presiding officer.
Breach of Privileges and Contempt of the House in the Indian Parliament	Breach of Privilege: “When any individual or authority disregards or attacks any of the privileges, rights and immunities, either of the member individually or of the House in its collective capacity, this is punishable by the House” Contempt of the House: Any act or omission which obstructs a House of Parliament, its member or its officer in the performance of their functions or which has a tendency, directly or indirectly to produce results against the dignity, authority and honour of the House Note: Parliamentary Committee on privileges – Standing committees constituted in each house of the Parliament/state legislature. Consists of 15 members in Lok Sabha (LS) and 10 members in Rajya Sabha (RS) to be nominated by the Speaker in LS and Chairman in RS. Its function is to investigate the cases of breach of privilege and recommend appropriate action to the Speaker/Chairperson. Phrases “breach of privilege” and “Contempt of the House” are used interchangeably, they have different implications. A breach of privilege may amount to contempt of the House. Likewise, contempt of the House may include a breach of privilege also. Contempt of the House comparatively has wider implications. There may be a contempt of the House without specifically committing a breach of privilege. Similarly, actions which are not breaches of any specific privilege but are offences against the dignity and authority of the House amount to contempt of the House. E.g. Disregard to a legitimate order of the House is not a breach of privilege, but can be punished as contempt of the House
Debating the Codification of Parliamentary Privileges
Advocating for the Codification of Parliamentary Privileges in India	Unless they are codified, they remain vague and subject to different interpretations. Codification would prevent conflict between judiciary and legislature. Codification will also result in adherence and observance of privileges.
Challenges and Considerations Regarding the Codification of Parliamentary Privileges in India	Codification would bring them within ambit of Art. 13 (2) Bills seeking to codify privileges would reflect the perspective of the ruling party, which ideally should be conceived independently. What constitutes breach of privileges or contempt cannot be delineated. Codification would impair the authority of the presiding officer to widen privileges by liberal interpretation. This may erode prestige and sovereignty of parliament. Judiciary, at this juncture needs to reconcile privileges with Part III (FR) By and large, privileges are not violated and abused.
Challenges to Parliamentary Effectiveness in India	The parliamentary control over government and administration in India is more theoretical than practical. However, following are some contributing factors – The Parliament lacks time and expertise to control the administration which has grown in volume as well as complexity. Technical nature of the demands for grants impedes Parliament’s financial control. The voluminous size of the Parliament to manage effectively. The majority support enjoyed by the Executive in the Parliament reduces the possibility of effective criticism, resulting in erosion of accountability. Post mortem work by the financial committees like Public Accounts Committee The increased recourse to ‘guillotine‘ eroded the scope of financial control further. The growth of ‘delegated legislation’ has reduced the role of Parliament in making detailed laws and has increased the jurisdiction of bureaucracy. The frequent promulgation of ordinances by the president dilutes the Parliament’s power of legislation. The Parliament’s control is sporadic, general and mostly political in nature. Lack of strong, steady and coherent opposition in the Parliament. Setback in parliamentary behaviour and ethics.
Solutions and Way Forward	We need to renovate the image and stature of the parliament by fast tracking parliamentary and electoral reforms. Relevant amendments to Anti-defection act considering extended coalition parties and prohibiting bye elections post defection. Making membership financially less attractive and more motivated by the spirit of the public service. Relevant amendments to the Rule 198 to allow no-confidence motion once in a year (presently its once in a session) Stringent penalties for unruly behaviour and unethical conduct. Introducing constructive vote of confidence based on the German model. Strengthening parliamentary committee system. Prescribing a minimum number of days, for which parliament must sit in a year. NCRWC recommended 120 days and 100 days for Lok Sabha and Rajya Sabha respectively.
Doctrine of Parliamentary Sovereignty	The doctrine of “sovereignty of Parliament” is associated with and cardinal feature of the British Parliament. Sovereignty entails the supreme power within the State. That supreme power in Great Britain lies with the Parliament. There are no ‘legal’ restrictions on its authority and jurisdiction. According to AV Dicey (British jurist) principle has three implications: The Parliament can make, amend, substitute or repeal any law. Note: In the USA also, the sovereignty of Congress (Legislature) is legally restricted by the written character of the Constitution, the federal system of government, the system of judicial review and the Bill of Rights, similar to Indian Parliament. There is no legal distinction between the constituent authority and the legislative authority of the British Parliament. The Parliamentary laws cannot be declared invalid by the Judiciary as being unconstitutional. No system of judicial review in Britain The Indian Parliament cannot be regarded as a sovereign body as there are ‘legal’ restrictions on its authority and jurisdiction Factors that limit the sovereignty of Indian Parliament are: Federal system of government with a constitutional division of powers between the Union and the states. Written nature of the constitution– defined the authority and jurisdiction of all the three organs of the Union government and the nature of interrelationship between them. System of Judicial Review– independent Judiciary with the power of judicial review Codification of justiciable fundamental rights under Part III of the Constitutio There is no codification of justiciable fundamental rights in the Constitution of Britain. The British Parliament has also not made any law that lays down the fundamental rights of the citizens. Yet,there is maximum liberty in Britain due to the existence of the Rule of Law.
Dominance and Special Powers of Lok Sabha in the Indian Parliament	Article 75 – CoM is directly responsible to Lok Sabha. As far as money bill is concerned, Lok Sabha is superior to Rajya Sabha. Joint sitting presided by Lok Sabha Speaker and governed by Rules of Lok Sabha. Lok Sabha has an advantageous position in dealing with resolution of deadlock, attributed to numerical strength and want of a simple majority. Power to withdraw national emergency Numerical strength of members of Lok Sabha is more in most parliamentary standing committees. Dominance of Lok Sabha in all joint parliamentary committees.
Role and Influence of Rajya Sabha in the Indian Parliament
Exclusive Powers of Rajya Sabha in the Indian Parliament	It can authorise the Parliament to make a law on a State List (Art. 249). It can authorise the Parliament to create new All-India Services common to both the Centre and states (Art. 312). Only RS can initiate a move for the removal of the vice-president (Art. 67). Note: In our constitutional system, the position of the Rajya Sabha is not as weak as that of the House of Lords in the British constitutional system nor as strong as that of the Senate in the American constitutional system. If a proclamation is issued by the President for imposing national emergency or president’s rule or financial emergency at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place within the period allowed for its approval, then the proclamation can remain effective even if it is approved by the Rajya Sabha alone (Art. 352, 356 and 360). Exception financial matters and control over the CoM, the powers and status of the Rajya Sabha in all other spheres are broadly equal and coordinate with that of the Lok Sabha
Significance of Rajya Sabha in the Indian Parliament	It enables participation of the senior politicians and statesmen in politics. Prevents hasty and ill-conceived, defective, careless legislations – house of corrections Rajya Sabha ensures that the constitution does not become a playing card in the hands of the ruling party. Gives representation to the states and protects their interests– maintains federal equilibrium. Facilitation of intellectuals and persons from all walks of life. It is not as powerful as the US Senate nor as weak as the House of Lords in Britain. Checks arbitrariness of Lok Sabha where it has equal powers.
Comparison of Roles of Rajya Sabha vs. Lok Sabha in the Indian Parliament
Equal Status of the Rajya Sabha with the Lok Sabha in the Indian Parliament	Introduction and passage of ordinary bills. Introduction and passage of Constitutional amendment bills. Introduction and passage of financial bills involving expenditure from the Consolidated Fund of India. Election and impeachment of the President Election and removal of the Vice-President (Rajya Sabha alone can initiate the removal of the vice-president). Making recommendation to the President for the removal of Chief Justice and judges of SC and HC, CEC and CAG. Approval of ordinances issued by the President. Approval of proclamation of all three types of emergencies by the President. Selection of ministers including the Prime Minister. Consideration of the reports of the constitutional bodies like Finance Commission, UPSC, CAG, etc. Enlargement of the jurisdiction of the SC and the UPSC.
Unequal Status of the Rajya Sabha Compared to the Lok Sabha in the Indian Parliament	A Money Bill can be introduced only in the Lok Sabha. Rajya Sabha cannot amend or reject a Money Bill. It should return the bill within 14 days to LS. A financial bill, not containing solely the matters of 110, also can be introduced only in the Lok Sabha. With regard to its passage, both the Houses have equal powers. The final power to decide whether a particular bill is a Money Bill or not is vested in the Speaker of the Lok Sabha. The Speaker of Lok Sabha presides over the joint sitting of both the Houses. Voting on the demands for grants is the exclusive privilege of the Lok Sabha. A resolution for the discontinuance of the national emergency can be passed only by the Lok Sabha. The Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion. Council of ministers is collectively responsible only to the Lok Sabha. However, the Rajya Sabha can discuss and criticise the policies and activities of the government.
Role and Criticisms of the Rajya Sabha in the Indian Parliamentary System	Rajya Sabha is Federal chamber with non– federal features Representation to UTs Presence of nominated members Removal of domicile requirement since 2003. Unequal representation to the states. Role of RS as a revision chamber has been poo – in 60 years only 3 instances of deadlocks. RS has failed to check encroachment of the centre on state domain. RS is the pale shadow of LS, Rajya Sabha has failed to establish a separate identity for itself so failed to emerge as “house of elders.” Becoming heaven or rehabilitation platform for capitalists, retired bureaucrats and former judges (E.g. Ranjan Gogoi) Abuse and misuse of provision of nomination. Its role as guardian of the constitution has been poor and eroding further.
Rationale for a Second Chamber- Global Practices and Constitutional Principles	Federal structure of the constitution is one of the oldest traditions in the USA. Historical and constitutional tradition – house of commons in Britain. Urge for reviewing and revision mechanism for legislation. Functional representation which is based on class or occupation. Ensures federal equilibrium in democratic polity.
Challenges to Equal Representation in the Rajya Sabha	Our constitution is not the result of an agreement between formerly independent colonies. It may increase demand for smaller states. Population and territorial size varies significantly across states. A few small states may hold back an important amendment and legislation. The Nehru committee report of 1928 also opposed it.
Punchhi Commission: Restoring Domicile Norms in the Indian Parliament	Recommended restoration of domicile norm, which was removed in 2003. Reason– Loyalty towards the party and not the state to which he/she represents.
Challenges facing the Indian Parliament	Politics of disruption by oppositio– frequent walkouts, unruly behaviour and shouting on the floor of the house. Days for which parliament sits and devotes time to transaction of business come down drastically. Time for law making has been ceasing day by day – 48 percent in first LS, less than 20 percent in the 16th Lok Sabha. Criminalisation of politics– more than 35 percent members facing criminal charges (ADR report). This violates the basic principle that “lawbreakers cannot be lawmakers”. Increasing average age of MPs – from 45 years to more than 50 years in the present Lok Sabha. Prevalence of nepotism and corruption to get elected. Representation to women is far less – 17th Lok Sabha 2019 has 78 women members (About 15 percent). This implies that mere 15 percent represents 49 percent of the population. Most women come from Bahu, Beti, Bivi of established politicians. Too few women come and represent mainstream women movements.
Women’s Reservation in the Indian Parliament	Women members from constituent assembly were, by and large, opposed. The 108 th constitutional amendment bill was introduced in 1996, 1998, 1999. In 2010, a bill was passed in Rajya Sabha, but lapsed later.
Expectations from Indian Polity: Promoting Socio-Economic development and gender equality through women’s empowerment	Socio-economic development would address equity in terms of access to education, health care and employment opportunities. Political parties shall allocate tickets to women on larger no. Women would not allow corruption and criminalisation.
Key Provisions of the 108th Constitutional Amendment Bill 2008	Reservation will cease after 15 years of time. Reservation of one third seats in Assemblies and Lok Sabha. Reservation of one third of total SC/STs seats shall be allotted to women. Reservation of seats shall be allotted on a rotational basis for different constituencies.
Advantages of Gender Reservation in the Indian Parliament	This will make democracy more broader, deeper and representative with an element of Enhanced representation to women is both a means and an end in itself. Gender perspective in policy formulation and implementation. Political empowerment of women will translate into economic empowerment. Empowerment of women has a positive multiplier effect on family, society. Would increase the decision making role of women along with stature and dignity.
Challenges and Concerns Surrounding Gender Reservation in the Indian Parliament	Issues with proxy candidature – as witnessed in panchayat raj institutions. It would perpetuate unequal status of women. Resistance from political squares to letting women contest election from non-reserved seats. It would restrict the choice of voters only to women candidates. There is no provision of reviewing post 15 years. It would divert attention from larger issues such as ‘Electoral reforms’ inequity to access to ‘development’. Bill is silent on reservation in state councils and Rajya Sabha. One third members shall be unsettled every election and compulsory un-sitting violates principles of democracy.
Exploring Alternative Strategies in Indian Politics	Parties can allocate one third party tickets to women candidates – also favoured by ECI. Moreover this required amendments to RPA 1951. One third constituencies could be converted to “dual membership constituencies” Women candidates may be allotted tickets where the party is weak. No guarantee that political parties would honour reservation commitments under their political constituency. BJD and AAP are notable exceptions. Strengthening intra party democracy, which would ensure democratic representation to women in party positions.
Relationship Between Legislature and Executive in India
Essential Functions of the Indian Parliament	To produce the government on the basis of popular mandate. Legislative role – Enactment of objective, fair and sound legislations. Financial role – Parliament is custodian of public finances. Holding the government accountable on the floor of the house. Representative role – MPs are bridge and link between government and citizenry. Parliament is a symbol of national unity and a temple of democracy. Parliament is an organ of information.
Democratic Accountability: Parliamentary Monitoring Is Essential in India	India has indirect representative parliamentary democracy. Parliament is custodian of public finances It checks authoritarian tendencies of the government commanding the majority. To sensitise the incumbent government on public issues. To shape public opinion and ensure equilibrium in public policy. To ensure enactment of objective, fair and sound legislation.
Mechanisms of Parliamentary Observation in the Indian Parliament	Zero hour Question hour All motions and resolutions Discussion on presidential speech Budgetary procedure. Parliamentary committee mechanism No confidence and censure motion
Challenges Facing Parliamentary Oversight in India	Administration is becoming more and more technical. Increasing resort to delegated legislation with poor oversight. Declining quality and merit of debates. Decreasing no of sittings in the house, this translates in erosion of economic resources. Fragmented opposition with obstructionist tendencies. Rising infectivity of question hour and zero hour. Standing committees are less acquainted with technical aspects of working of the house.
Contemporary Trends and Developments in the Indian Parliament	With the advent of the coalition era, committees became more representative and assertive. Exponential increase in private members bill (more than 300 in last LS) although the passing rate is dismal. Governments also have become vulnerable to adverse ruling of presiding officers. Meetings behind the chair now became the new normal. Increasing representation of political parties. Regional parties are playing a pivotal role in flagging issues of local importance. Frequent recourse to guillotine became law rather than exception. Consensus building among different stakeholders became more challenging. Increase in ordinance route, bypassing legislative procedure to some extent.
Why did the Constituent Assembly choose the Parliamentary System for the Indian Parliament?	More democratic and representative– to sections, regions, interests. As we were incipient democracy, we chose accountability over stability. Historical legacy and constitutional tradition: GoI act 1919, GoI act 1935 etc. Preference for avoidance of Legislative–Executive Conflicts. Nehru report and Tej Bahadur Sapru committee
How can coalition Governance in the Indian Parliament be enhanced for greater effectiveness and efficiency?	Common minimum programme before elections. For ensuring stability, coalition partners could be brought under ambit of anti-defection law. Coalition partners should observe the “Coalition Dharma” Delineation of common media policy. Giving preference to a free electoral coalition. Members should restrain from personal attacks and criticism. Formation of coordination committee for troubleshooting.
Importance of Parliamentary Committees in the Indian Parliament CONTEXT– In recent sessions of Parliament, certain bills were passed without the scrutiny by parliamentary standing committees.
Relevance and Impact of Committees in the Indian Parliament	System of parliamentary committees can be traced back to the GoI act 1919. In the post-independence period, they are mentioned in various rules of the houses. Rules of the Houses: E.g., PAC, Estimate committee, Committee on PSU Constitution of India (Art. 344) Statute and Laws: Joint committee on salary, allowances of MPs. Through adoption of motion and resolution– Select Committee Under powers of presiding officers– General Purpose Committee
Relevance and Impact of Committees in the Indian Parliament	Useful in dealings with technical aspects. Help in utilising limited parliamentary time for other important works. Upholds principle of accountability of executive to legislature. Parliament is assisted by a number of committees in the discharge of its duties. Ensure detailed scrutiny and uphold government accountability. work in non-partisan manner aids the Opposition to play a greater role in exercising control over the executive. engage with relevant stakeholders ensure financial prudence
Criteria and Functions of Parliamentary Committees	Is appointed or elected by the House or nominated by the Speaker / Chairman Works under the direction of the Speaker / Chairman Presents its report to the House or to the Speaker / Chairman. Note: The consultative committees consisting of members of Parliament are not parliamentary committees as they do not fulfil above four conditions. Has a secretariat provided by the Lok Sabha / Rajya Sabha
Parliamentary Committees: Role and Types in Indian Legislation CONTEXT– In recent sessions of Parliament, certain bills were passed without the scrutiny by parliamentary standing committees.
TYPES OF COMMITTEES	Sanding Committee and Ad-hoc Committees Ad-Hoc Committees vs Standing Committees in the Indian Parliament STANDING COMMITTEE Permanent in nature Constituted every year work on a continuous basis.
Dynamics of Ad-Hoc Committees in the Indian Parliament	Temporary in nature Cease to exist on completion of the task assigned to them.
Evolution and Functioning of the Public Accounts Committee (PAC) in the Indian Parliament	First setup in 1921 under the provisions of the GoI Act of 1919. In 1921, PAC was headed by the Finance minister. Presently, it consists of 22 members (Lok Sabha – 15 and Rajya Sabha – 7) Note: Since 1967 a convention has developed whereby the chairman of the committee is selected invariably from the Opposition. Earlier was from the ruling party. Election of members– Every year by the Parliament from amongst its members according to the principle of proportional representation by means of the single transferable vote. It ensures that all parties get due representation in it. Term of office of the members– one year. A minister cannot be elected as a member of the committee. Chairperson– Appointed from amongst its members by the Speaker.
Role and Responsibilities of the Public Accounts Committee in the Indian Parliament	Examine the annual audit reports of the CAG, which are laid before the Parliament by the President. The CAG submits three audit reports to the President Audit report on appropriation accounts Audit report on finance accounts Audit report on public undertakings. Examines public expenditure also from the point of view of economy, prudence, wisdom and propriety. Note: PAC is assisted by the CAG and the CAG acts as a guide, friend and philosopher of the Public Account Committee (PAC). To examine the appropriation accounts and the finance accounts of the Union government and any other accounts laid before the Lok Sabha. To examine the accounts of state corporations, trading concerns and manufacturing projects and the audit report of CAG on them. To examine the accounts of autonomous and semi- autonomous bodies, the audit of which is conducted by the CAG. To examine the money spent on any service during a financial year in excess of the amount granted by the Lok Sabha.
Constraints and Scope of the Public Accounts Committee in the Indian Parliament	It is not concerned with the questions of policy in a broader sense. It conducts a post-mortem examination of accounts. It cannot intervene in the matters of day-to-day administration. Its recommendations are advisory and not binding on the ministries. It is not vested with the power of disallowance of expenditures by the departments. It is not an executive body and hence, cannot issue an order.
Evolution and Composition of the Estimate Committee in the Indian Parliament	The origin can be traced to the standing financial committee set up in 1921. The first Estimates Committee was constituted in 1950 on the recommendation of John Mathai, the then finance minister. All the 30 members are from Lok Sabha only. The Rajya Sabha has no representation in this committee. Note: The Estimates Committee Has been described as a ‘continuous economy committee’ and is largest among all parliamentary committees. Election of members– Every year by the Lok Sabha from amongst its members according to the principle of proportional representation by means of the single transferable vote. It ensures that all parties get due representation in it. Term of office– one year. A minister cannot be elected as a member of the committee. Chairman of the committee– Appointed from amongst its members by the Speaker And he is invariably from the ruling party
Functions of the Committee on Estimates in the Indian Parliament	To examine the estimates included in the budget and suggest ‘economies’ in public expenditure. To report and recommend economies, improvements in organisation, efficiency and administrative reform aligning with policies. To suggest alternative policies in order to bring about efficiency and economy in administration. To examine whether the money is well laid out within the limits of the policy implied in the estimates. To suggest the form in which the estimates are to be presented to Parliament. The Committee may continue the examination of the estimates from time to time, throughout the financial year and report to the House as its examination proceeds. It shall not be incumbent on the Committee to examine the entire estimates of any one year. The demands for grants may be finally voted down despite the fact that the Committee has made no report.
Limitations of the Committee on Public Accounts in the Indian Parliament	It examines the budget estimates only after they have been voted by the Parliament, and not before that. It cannot question the policy laid down by the Parliament. Its recommendations are advisory and not binding on the ministries. It examines every year only certain selected ministries and departments. It lacks the expert assistance of the CAG which is available to the PAC. Its work is in the nature of a post-mortem.
Committee on Public Sector Undertakings in the Indian Parliament	First created in 1964 on the recommendation of the Krishna Menon Committee. Presently, it consists of 22 members (Lok Sabha – 15 and Rajya Sabha – 7) Election of members– Every year by the Lok Sabha from amongst its members according to the principle of proportional representation by means of the single transferable vote. It ensures that all parties get due representation in it. Term of office– one year. A minister cannot be elected as a member of the committee. Chairman of the committee– Appointed from amongst its members by the Speaker who is drawn from the Lok Sabha only.
Functions of Public Undertakings Committee in the Indian Parliament	To examine the reports and accounts of public undertakings. To examine the reports of the CAG on public undertakings. To examine whether the affairs of the public undertakings are being managed in accordance with sound business principles and prudent commercial practices. To exercise such other functions vested in the PAC and the estimates committee in relation to public undertakings which are allotted to it by the Speaker from time to time.
Limitations of Public Undertaking Committee in the Indian Parliament	It cannot take up the examination of more than ten to twelve public undertakings in a year. Post-mortem nature of the work. It does not look into technical matters as its members are not technical experts. Its recommendations are advisory and not binding on the ministries.
Business Advisory Committee: Organizing House Proceedings in the Indian Parliament	Committee regulates the programme and time table of the House. It allocates time for the transaction of legislative and other business brought before the House by the government. Lok Sabha Committee consists of 15 members including the Speaker as its chairman. Rajya Sabha Committee consists of 11 members including the Chairman as its ex-officio chairman.
Rules Committee of the Indian Parliament: Governing House Procedure and Conduct	Committee considers the matters of procedure and conduct of business in the House and recommends necessary amendments or additions to the rules of the House. Lok Sabha committee consists of 15 members including the Speaker as its ex-officio chairman
General Purpose Committee in the Indian Parliament	Committee considers and advises on matters concerning affairs of the House, which do not fall within the jurisdiction of any other parliamentary committee. In each House, this committee consists of the presiding officer as its ex- officio chairman, Deputy Speaker (Deputy Chairman in the case of Rajya Sabha), members of panel of chairpersons (panel of vice- chairpersons in the case of Rajya Sabha), Chairpersons of all the departmental standing committees of the House, leaders of recognised parties and groups in the House and such other members as nominated by the presiding officer.
Role of the Parliamentary Committee on Women Empowerment	Committee was constituted in 1997 Consists of 30 members (20 from Lok Sabha and 10 from Rajya Sabha). It considers the reports of the National Commission for Women Examines the measures taken by the Union Government to secure status, dignity and equality for women in all fields.
Committee on Privileges in the Indian Parliament	The functions of this committee are semi-judicial in nature. Examines the cases of breach of privileges of the House and its members and recommends appropriate action. The Lok Sabha committee has 15 members. The Rajya Sabha committee has 10 members.
Mandate of the Committee on Subordinate Legislation in the Indian Parliament	The Committee examines and reports to the House whether the powers to make regulations, rules, sub-rules and bye-laws delegated by the Parliament or conferred by the Constitution to the Executive are being properly exercised by it. In both the Houses, the committee consists of 15 members.
Committee on Ethics in the Indian Parliament	Committee was constituted in Rajya Sabha in 1997 and in Lok Sabha in 2000. It enforces the code of conduct of members of Parliament. It examines the cases of misconduct and recommends appropriate action. Ensures discipline and decorum in Parliament.
Role of the Committee on Absence of Members in the Indian Parliament	Committee considers all applications from members for leave of absence from the sittings of the House. Examines the cases of members who have been absent for a period of 60 days or more without permission. It is a special committee of the Lok Sabha and consists of 15 members. There is no such committee in the Rajya Sabha.
Role and Composition of Consultative Committees in the Indian Parliament	These committees are attached to various ministries / departments of the Central Government. They consist of members of both the Houses of Parliament. The Minister in charge of the Ministry concerned acts as the chairman of the consultative committee of that ministry. These committees provide a forum for informal discussions. Ministry of Parliamentary Affairs Constitution these committees. The membership of these committees is voluntary and subject to maximum 30 and the minimum is 10. These committees shall stand dissolved upon dissolution of every Lok Sabhaand shall be reconstituted upon the constitution of each Lok Sabha. Separate Informal Consultative Committees Of the members of Parliament are also constituted for all the Railway Zones (Total 18 Railway zones) Members of Parliament belonging to the area falling under a particular Railway Zone are nominated on the Informal Consultative Committee of that Railway Zone. Informal Consultative Committees are to be arranged during the session periods only.
Overview of Departmental Standing Committees in the Indian Parliament	Constituted on the recommendation of the Rules Committee of the Lok Sabha, 17 DRSCs were set up in the Parliament in 1993. Increasing their number from 17 to 24 in 2004. Objective of the standing committees is to secure more accountability of the Executive to the Parliament in general and financial accountability in They also assist the Parliament in debating the budget more effectively. The 24 standing committees cover all the ministries / departments of the Central Government. Each standing committee consists of 31 members. 21 from Lok Sabha 10 from Rajya Sabha The members of the Lok Sabha are nominated by the Speaker from amongst its own members and by Chairman in case of Rajya Sabha. A minister is not eligible to be nominated as a member of any of the standing committees. Term of office– each standing committee is for one year from the date of its constitution. Out of the 24 standing committees – Under Rajya Sabha- 8 Under LokSabha–16
Role and Responsibilities of Standing Committees in the Indian Parliament	To consider the demands for grants of the concerned ministries / departments before they are discussed and voted in the Lok Sabha. To examine bills pertaining to the concerned ministries / departments. To consider annual reports of ministries / departments. To consider national basic long-term policy documents presented to the Houses.
Challenges in the Operation of Standing Committees within the Indian Parliament	They should not consider the matters of day-to-day administration. They should not generally consider the matters which are considered by other parliamentary committees. Recommendations of these committees are advisory in nature.
Merits of Standing Committees in the Indian Parliament	Their proceedings and work are devoid of any party bias. More flexible procedural approach than in the Lok Sabha. Ensures parliamentary control over the executive much more detailed, close, continuous, in-depth and comprehensive. The system ensures economy and efficiency in public expenditure. Committees Facilitate opportunities to all the MPs to participate and understand the functioning of the government and contribute to it. They can avail of expert opinion or public opinion to make the reports. They are authorised to invite experts and eminent persons.
Office of Profit Disqualification CONTEXT– Recently, the President has rejected a petition demanding disqualification of Delhi MLAs for allegedly holding office of profit.
Significance of the ‘Office of Profit’ Clause in Indian Parliament	Art. 102 (Parliament) and Art.191 (State legislature) mention disqualifications on the basis of Office of Profit. It is neither defined in the constitution or under Representation of People’s Act 1951.
Criteria for Determining ‘Office of Profit’ in Indian Jurisprudence	SC in Pradyut Bordoloi vs Swapan Roy (2001)case provided following questions for the test for office of Profit: Whether the government makes the appointment; Whether the government has the right to remove or dismiss the holder; Whether the government pays the remuneration; What are the functions of the holder and does he perform them for the government; Does the government exercise any control over the performance of those functions? In Jaya Bachchan v. Union of India Case, defined it as “an office which is capable of yielding a profit or pecuniary gain.” Conclusively, it is not the actual ‘receipt’ of profit but the ‘potential’ for profit that is the deciding factor in an ‘office of profit’ case.
Growth of Parliamentary Forums in the Indian Parliament	Initiated by the then Speaker of Lok Sabha, Somnath Chatterjee On 12th May 2005, the first such forum was Parliamentary forum on water conservation. Subsequently, seven more Parliamentary forums were constituted. At present, there are eight Parliamentary forums in total. The Secretary-General of Lok Sabhais the Secretary to the forums.
Role of Parliamentary Forums in the Indian Parliament	To provide a platform to the MPs to have interactions with the ministers concerned, experts and key officials to have a focused and meaningful discussion on critical issues with a result-oriented approach. Note: Parliamentary Forum will not interfere with or encroach upon the jurisdiction of the Departmentally-Related Standing Committees. To sensitive MPs about the key areas of concern and equip them with the latest information and latest knowledge. Hereby, enabling them to raise these issues effectively in the House. To prepare a data-base through collection of data on critical issues from ministries concerned, reliable NGOs, newspapers, United Nations, Internet.
Parliamentary Forums Addressing Key Issues in the Indian Parliament	Parliamentary Forum on water conservation and management (2005) Parliamentary Forum on Youth (2006) Parliamentary Forum on Children (2006) Parliamentary Forum on Population and Public Health (2006) Parliamentary Forum on Global Warming and Climate Change (2008) Parliamentary Forum on Disaster Management (2011) Parliamentary Forum on Artisans and Crafts-people (2013) Parliamentary Forum on Millennium Development Goals (2013)
Indian Parliamentary Group: Enhancing Engagement and Collaboration Among Legislators	Setup in 1949, through a resolution of constituent assembly. Membership open to all MPs and Ex-MPs. The Executive Committee manages the Group, with the Speaker of the Lok Sabha serving as the ex-officio President. The Group promotes interaction among MPs and provides information through seminars on issues before Parliament. It also organizes lectures on various topics and arranges visits to foreign countries to foster international parliamentary contacts. It connects the Indian Parliament with other Parliaments worldwide through delegations, goodwill missions, and correspondence. The Group serves as the National Group of the Inter-Parliamentary Union and the Main Branch of the Commonwealth Parliamentary Association in India.
Youth Parliament Scheme: Empowering youth through the Indian Parliament	The scheme of Youth Parliament was started on the recommendation of the Fourth All India Whips Conference. The ministry of parliamentary affairs provides necessary training and encouragement to the states in introducing the scheme. Its objectives are as mentioned follows – To acquaint the younger generations with practices and procedures of Parliament To imbibe the spirit of discipline and tolerance cultivating character in the minds of youth To inculcate in the student community the basic values of democracy To enable them to acquire a proper perspective on the functioning of democratic institutions.