Prelims tit-bits- Polity part 2

1. Emergency provisions

  • Taken from Wiemar constitution
  • A national emergency(art 352) can be proclaimed due to war, external aggression or armed rebellion not on the ground of internal disturbance)
  • though the proclamation of national emergence requires the approval of both the houses (special majority), lok sabha’s approval( simple majority) alone suffices for revocation
  • president can unilaterally revoke the proclamation of national emergency without the parliament’s approval

Discuss-  differences b/w article 358 and 359 related to emergency

2. Interim budget and vote on account

  • Vote on account is a statement of only expenditures while the interim budget is a complete set of accounts, including both expenditure and receipts <think of it as mini budget>
  • Vote on account is passed every year before appropriation bill is passed <generally for 2 months >
  • Interim budget is passed during election years
  • Interim budget also contains vote on accounts <before appropriation bill of interim budget is passed>

Discuss– everything clear?? Any confusions??

3. Primacy of LS over RS

  • Money bill- introduced only in LS, RS can only suggest amendments that too w/i 14 days
  • A resolution for the discontinuation of national emergency can be passed only by LS by simple majority.
  • Adjournment motion and no confidence motion can be passed only in LS.
  • Estimates committee draws members solely from LS. It has 30 members, largest committee of parliament.
  • Speaker and in the absence of speaker, deputy speaker presides over joint sitting

Discuss-any other instance of primacy of LS over RS

4. Money bill v/s financial bill

  • Money bill (art 110)  provisions related to only taxations, borrowings, expenditure etc i.e money matters only
  • Financial bill type A- money provisions plus other general provisions
  • Financial bill type B- expenditure from consolidated fund plus other provisions
  • Money bill can be introduced only on recommendation of president, in the LS and only by a minister (not by pvt member). RS can only suggest amendments that too w/in 14 days thus no scope of joint sitting, President can not resend the bill to the house <though he is not bound to give his consent>. Speaker certifies the bill as money bill and certification is final
  • Financial bill type A- just like money bill till introduction, after introduction, it’s ordinary bill i.e RS has to pass the bill and can reject it
  • Financial bill Type B- totally ordinary bill just that president recommends consideration of bill by both the houses <as it involves expenditure from CFI>

Note 1– All financial bills are not money bills but vice versa is true

Note 2- Finance bill and financial bills are not one and the same. What’s the difference?

5. Rajya Sabha

  • RS chairperson is not member of RS <VP >
  • Deputy chairperson is member of RS
  • In joint sittings when both speaker and deputy speaker are absent, deputy chairperson presides the sessions not chairperson
  • Term of RS is not 6 years <it’s infinite>
  • Term of a member of RS is 6 years while that of chairperson RS 5 years

 

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