Why this chapter matters for UPSC: Parliament is central to India's democratic system. UPSC Prelims test article numbers, membership numbers, and procedural details (Money Bill vs Financial Bill, types of motions). Mains questions ask about the effectiveness of parliamentary oversight, declining legislative productivity, and the role of parliamentary committees.
PART 1 — Quick Reference Tables
Lok Sabha vs Rajya Sabha — Key Differences
| Feature | Lok Sabha | Rajya Sabha |
|---|---|---|
| Constitutional name | House of the People | Council of States |
| Composition | 543 elected (2 Anglo-Indian abolished by 104th Amendment 2020) | 238 elected by State legislatures + 12 nominated by President = 250 (max); current 245 |
| Term | 5 years (can be dissolved earlier by President on PM's advice) | Permanent house; 1/3 retire every 2 years; 6-year terms |
| Presiding officer | Speaker (elected from members) | Chairman = Vice President (ex officio) |
| Money Bills | Originate only here; Rajya Sabha cannot amend | Can suggest amendments within 14 days; Lok Sabha need not accept |
| No-Confidence Motion | Only Lok Sabha can be subject to no-confidence | Cannot be subject to no-confidence |
| Joint sitting (Art 108) | Speaker of Lok Sabha presides | Participates but numerically disadvantaged |
| Special powers | Declares national emergency ratification | Can authorise Parliament to legislate on State List (Art 249); create All-India Services (Art 312) |
| Minimum age | 25 years | 30 years |
Functions of Parliament
| Function | Description | Key Provision |
|---|---|---|
| Representative | Elected by universal adult franchise; represents people | Article 326 |
| Legislative | Makes laws on Union List and Concurrent List | Article 107–111 |
| Executive oversight | Controls government via Question Hour, motions, debates | Convention + Rules of Procedure |
| Financial control | Approves Budget; money bills; grants | Article 112–117 |
| Constituent | Amends the Constitution | Article 368 |
| Electoral | Elects President (Art 54) and Vice President (Art 66) | Articles 54, 66 |
| Judicial | Impeaches President (Art 61); removes SC/HC judges (Art 124/218) | Articles 61, 124, 218 |
Parliamentary Devices — Quick Comparison
| Device | Purpose | Where? | Constitutional basis? |
|---|---|---|---|
| Question Hour | Oral (Starred) or Written (Unstarred) answers by Ministers | Both Houses | Rules of Procedure (not Constitution) |
| Zero Hour | Urgent public importance matters; no prior notice | Convention; immediately after Question Hour | Not in Constitution (convention) |
| Adjournment Motion | Raises urgent definite matter of public importance | Lok Sabha only | Rules of Procedure |
| No-Confidence Motion | Forces government to resign if passed | Lok Sabha only | Art 75(3) read with Rules |
| Censure Motion | Against a specific minister; need not cause resignation | Lok Sabha | Rules of Procedure |
| Calling Attention Motion | Calls minister's attention to urgent matter of public importance | Both Houses | Rules of Procedure |
| Private Member Bill | Bill introduced by non-minister member | Both Houses | Article 107 |
PART 2 — Detailed Notes
Why Parliament?
In a democracy, citizens cannot govern themselves directly (except in small city-states). They elect representatives who form a Parliament to:
- Make laws on their behalf
- Hold the executive government accountable
- Control public finances (no taxation without representation)
- Represent the diversity of the country — regional, social, linguistic, religious
India's Parliament (Article 79) consists of three parts: the President + Lok Sabha + Rajya Sabha.
Lok Sabha — House of the People
The Lok Sabha is the directly elected house. Key points for UPSC:
- Maximum strength: 552 (530 from states + 20 from UTs + 2 nominated Anglo-Indians — the 2 nominated seats were abolished by the 104th Constitutional Amendment 2020)
- Current elected strength: 543 seats
- Elected by First-Past-the-Post (FPTP) system from single-member constituencies
- Quorum: 1/10th of total membership
- Speaker is elected from among members; Deputy Speaker also elected; Speaker cannot vote except in case of a tie (casting vote)
- The Speaker vacates office at the first sitting of a new Lok Sabha
Rajya Sabha — Council of States
The Rajya Sabha represents India's federal character. Members of State Legislative Assemblies (MLAs) elect Rajya Sabha members by the Single Transferable Vote (STV) system with proportional representation. The 12 nominated members are experts in art, literature, science, and social service.
UPSC GS2 — Special Powers of Rajya Sabha: Although Rajya Sabha is generally subordinate to Lok Sabha (especially on Money Bills), it has two exclusive powers:
- Article 249: Rajya Sabha can pass a resolution (by 2/3 majority) authorising Parliament to legislate on a subject in the State List, for national interest. Such a law remains valid for 1 year and can be extended.
- Article 312: Rajya Sabha can create new All-India Services (AIS) by a 2/3 majority resolution if it declares it is necessary in national interest. Existing AIS: IAS, IPS, IFoS (Indian Forest Service).
Legislative Process
Ordinary Bill: Any Bill (except Money Bills and Constitutional Amendment Bills) can be introduced in either house. It goes through: Introduction → Second Reading (Committee stage + Clause-by-clause consideration) → Third Reading (final vote) → sent to other house → same process → if disagreement → Joint Sitting (convened by President; presided over by Speaker of Lok Sabha; Lok Sabha's numerical strength dominates) → Presidential assent.
Money Bill (Article 110): A Bill is a Money Bill if it deals ONLY with: imposition/abolition of tax, regulation of borrowing by government, consolidated fund or contingency fund, appropriation from consolidated fund, declaring any expenditure charged to consolidated fund, receipt/custody/issue of consolidated fund money, matters incidental to any of the above.
Money Bill vs Financial Bill:
- A Money Bill (Art 110) can only be introduced in Lok Sabha; Rajya Sabha can suggest amendments within 14 days but Lok Sabha is not bound to accept; President must give assent (cannot withhold).
- A Financial Bill (Category I) — contains some but not only Art 110 matters + other provisions — must be introduced in Lok Sabha but requires approval of both houses.
- A Financial Bill (Category II) — contains expenditure from Consolidated Fund but not Art 110 matters — can be introduced in either house; requires approval of both houses. Rajya Sabha has full powers.
Constitutional Amendment (Article 368): Three types depending on provision being amended:
- Simple majority (as for ordinary legislation) — for matters like Art 2–4 (new states), abolition of state legislature's upper house
- Special majority (2/3 of members present and voting + majority of total membership) — for most constitutional provisions
- Special majority + ratification by at least half the state legislatures — for federal provisions: election of President, 7th Schedule (Legislative Lists), Art 368 itself, representation in Parliament
Parliamentary Committees
UPSC GS2 — Parliamentary Committees: Parliamentary committees are the "eyes and ears of Parliament." Key committees:
Financial Committees:
- Public Accounts Committee (PAC): Oldest committee (1921, pre-independence); examines CAG reports; chaired by a Leader of Opposition member (convention since 1967); scrutinises whether money was spent as Parliament authorised
- Estimates Committee: Examines estimates in the Budget; suggests economies; cannot examine past expenditure (unlike PAC)
- Committee on Public Undertakings: Examines working of PSUs
Departmentally Related Standing Committees (DRSCs): 24 committees covering all Central ministries; scrutinise ministry demands for grants and Bills referred to them; members drawn from both houses; reduce need for long floor debates
Joint Parliamentary Committees (JPCs): Ad hoc; formed for specific purposes (e.g., JPC on Bofors, JPC on 2G spectrum, JPC on the Data Protection Bill)
Decline of Parliamentary Functioning
Concerns about Parliament's effectiveness:
- Declining sittings: Lok Sabha used to meet for 100–120 days/year in the 1950s–60s; now averages 55–60 days
- Disruptions and washouts: Entire sessions lost to disruptions; Question Hour and Zero Hour lost
- Ordinance overuse: Bypasses Parliament; DC Wadhwa case (1987) — SC held re-promulgation without legislative approval is fraud
- Rubber-stamp concern: Bills passed without adequate debate; some Bills passed in minutes
- Anti-defection law (10th Schedule, 52nd Amendment 1985): Prevents floor-crossing but also suppresses intra-party democracy; members cannot vote against party whip even on conscience issues
Exam Strategy
Prelims traps:
- The 104th Amendment (2020) abolished the 2 nominated Anglo-Indian seats in Lok Sabha and State assemblies
- Zero Hour is NOT mentioned in the Constitution — it is a parliamentary convention
- Rajya Sabha can suggest (not amend) Money Bills; the distinction is important
- Speaker of Lok Sabha presides over joint sittings — NOT the Vice President/Rajya Sabha Chairman
- Joint sittings have been convened only 3 times: Dowry Prohibition Bill (1961), Banking Service Commission (Repeal) Bill (1978), Prevention of Terrorism Bill (POTA) (2002)
- No-Confidence Motion requires a minimum notice of 14 days; applies only to Lok Sabha
Mains angles:
- "Parliamentary oversight of the executive has weakened over the decades." Examine with examples
- Role of Rajya Sabha in Indian federalism — does it truly represent states?
- Discuss the significance and limitations of parliamentary committees in improving legislative quality
Previous Year Questions
Prelims:
-
Which of the following statements about the Rajya Sabha is correct?
(a) It can be dissolved by the President
(b) It is a permanent house and cannot be dissolved
(c) One-half of its members retire every two years
(d) It has the power to vote on Money Bills -
A joint sitting of both Houses of Parliament is presided over by the:
(a) President of India
(b) Vice President of India
(c) Speaker of the Lok Sabha
(d) Senior-most member of Parliament
Mains:
-
"The Anti-Defection Law has curtailed legislative independence without fully eliminating political defections." Critically examine the 10th Schedule of the Indian Constitution in this light. (CSE Mains 2023, GS Paper 2, 15 marks)
-
Examine the role of Parliamentary Standing Committees in enhancing the quality of legislation and oversight of the executive in India. (CSE Mains 2019, GS Paper 2, 15 marks)
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