Parliament – Sessions, Procedures, Motions, Committees etc

Parliament – Sessions, Procedures, Motions, Committees etc

What is Finance Bill?

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Finance Bill

Mains level : Finance Bill


The Parliament has passed the Finance Bill 2020 with 40 amendments without any discussion.

Highlights of the Bill

  • Among the important amendments included was one enabling the government to raise additional excise duty on petrol by up to Rs 18 per litre and diesel by up to Rs 12 per litre when required.
  • Amendments enabling the taxation of NRIs’ India-controlled income above Rs 15 lakh, and another extending the DDT exemption to REITs and Infrastructure Investment trusts were passed.
  • The Bill also changes the definition of ‘Resident’, as stipulated under the Income Tax Act.
  • Presently, a person is considered a resident of India, i.e. their global income is taxable in India if they are in the country for more than 182 days a year. This has now been reduced to 120 days.
  • The amendments also include provisions for levying TDS of 1 per cent on e-commerce transactions.

What is a Finance Bill?

  • As per Article 110 of the Constitution, the Finance Bill is a Money Bill.
  • The Finance Bill is a part of the Union Budget, stipulating all the legal amendments required for the changes in taxation proposed by the Finance Minister.
  • This Bill encompasses all amendments required in various laws pertaining to tax, in accordance with the tax proposals made in the Union Budget.
  • The Finance Bill, as a Money Bill, needs to be passed by the Lok Sabha — the lower house of the Parliament. Post the Lok Sabha’s approval, the Finance Bill becomes Finance Act.

Difference between a Money Bill and the Finance Bill

1) Money Bill

  • A Money Bill has to be introduced in the Lok Sabha as per Section 110 of the Constitution. Then, it is transmitted to the Rajya Sabha for its recommendations.
  • The Rajya Sabha has to return the Bill with recommendations in 14 days.
  • However, the Lok Sabha can reject all or some of the recommendations.

2) Finance Bill

  • In a general sense, any Bill that relates to revenue or expenditure is a Financial Bill.
  • The Finance Bill is introduced in Lok Sabha.
  • Rajya Sabha can recommend amendments in the bill. However, the bill has to be passed by the Parliament within 75 days of introduction.

>Types of Finance Bills

Type I

  • Financial Bill Cat-1 is a bill which contains any of the matters specified in Article 110 but does not exclusively deal with such matters.
  • For example- a bill which contains a taxation clause, but does not deal solely with taxation under Article 117 (1), has two features in common with a money bill.
  1. It cannot be introduced in the Rajya Sabha.
  2. It can only be introduced in Lok Sabha with the prior recommendation of the President.(Similarities)
  • But has one feature uncommon that is, not being a Money Bill, the Rajya Sabha has the same power to reject or amend such Financial Bill subject to limitation.

Type II

  • It is a finance bill which merely involves expenditure and does not include any of the matters specified in Article 110.
  • It is an Ordinary Bill and may be initiated in either House and the Rajya Sabha has full power to reject or ament it.
  • It is thus apparent that all Money Bills are Financial Bills but all Financial Bills are not Money Bills.

Who decides the Bill is a Finance Bill?

  • The Speaker of the Lok Sabha is authorised to decide whether the Bill is a Money Bill or not.
  • Also, the Speaker’s decision shall be deemed to be final.

Why Finance Bill is needed?

  • The Union Budget proposes many tax changes for the upcoming financial year, even if not all of those proposed changes find a mention in the Finance Minister’s Budget speech.
  • These proposed changes pertain to several existing laws dealing with various taxes in the country.
  • The Finance Bill seeks to insert amendments into all those laws concerned, without having to bring out a separate amendment law for each of those Acts.
  • For instance, a Union Budget’s proposed tax changes may require amending the various sections of the Income Tax law, Stamp Act, Money Laundering law, etc.
  • The Finance Bill overrides and makes changes in the existing laws wherever required.

What changes can be made via Finance Bill?

  • The most awaited changes in the tax proposals in the Union Budget usually pertain to personal income tax.
  • For taxpayers across the country, the most awaited moment is when the Finance Minister’s speech announces an increase in minimum income threshold, or declares any changes in income tax slabs to make it less costly, or other exemptions.
  • In addition, there might be changes in the rules, procedures, and deadlines for filing tax returns or the payment of tax itself.
  • For instance, there might be a change in the amount of penalty for missing the deadline. Those proposed changes would typically need to be brought in via amending the Income Tax Act.
  • Among other changes, the FM may propose in the Union Budget with regard to the rates or processes for payment or administration of stamp duty levied on various instruments.
  • Such a change would need to be brought in via an amendment to the Stamp Act.
  • Since the introduction of GST, there is no amendment to indirect taxes in the Union Budget, since that is under the purview of the GST Council.

 

Parliament – Sessions, Procedures, Motions, Committees etc

What are Supplementary Grants?

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Supplementary grants

Mains level : Various grants in Parliament


Supplementary Grants

Lok Sabha recently held voting on supplementary demands for grants for Jammu and Kashmir and passed the proposals on voice vote.

What are Supplementary Grants?

  • The additional grant required to meet the required expenditure of the government is called Supplementary Grants.
  • When grants, authorised by the Parliament, fall short of the required expenditure, an estimate is presented before the Parliament for Supplementary or Additional grants.
  • These grants are presented and passed by the Parliament before the end of the financial year.
  • When actual expenditure incurred exceeds the approved grants of the Parliament, the Ministry of Finance and Ministry of Railways presents a Demand for Excess Grant.

How it works?

  • The Comptroller and Auditor General of India bring such excesses to the notice of the Parliament.
  • The Public Accounts Committee examines these excesses and gives recommendations to the Parliament.
  • The Demand for Excess Grants is made after the actual expenditure is incurred and is presented to the Parliament after the end of the financial year in which the expenses were made.
Parliament – Sessions, Procedures, Motions, Committees etc

Nominated members of Rajya SabhaPriority 1

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Nominated members in RS

Mains level : Ethical issue involved


Former CJI Ranjan Gogoi has been nominated as a member of Rajya Sabha.

Nominated members in RS

  • As per the Fourth Schedule to the Constitution of India on 26 January 1950, the Rajya Sabha was to consist of 216 members of which 12 members were to be nominated by the President and the remaining 204 elected to represent the States.
  • The present strength, however, is 245 members of whom 233 are representatives of the states and union territories and 12 are nominated by the President.
  • The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year.
  • The 12 nominated members of the Rajya Sabha are persons who are eminent in particular fields, and are well known contributors in the particular field.
  • The nominated members are usually amongst persons having special knowledge or practical experience in literature, science, art and social service.

Constitutional provisions

  • 80(1)(a) of Constitution of India makes provision for the nomination of 12 members to the Rajya Sabha by the President of India in accordance with provisions of Arts.80(3).
  • 80(3) says that the persons to be nominated as members must be possessing special knowledge or practical experience in respect of such matters as the following namely : Literature, science, art and social service.

Earlier CJIs in other Offices

  • Justice Hidayatullah was appointed vice-president nine years after his tenure as CJI ended (1979).
  • Justice Ranganath Mishra was appointed six years after his retirement (1998).
  • Justice Bahraul Islam served as a member of the Rajya Sabha several years before he was elevated to the SC (1983).
  • Justice Subba Rao, who contested for the post of president (and lost to Zakir Hussain) was roundly criticised for the decision at that time.

Issues with CJI’s appointment

  • Late Arun Jaitley cautioned, in 2012, that “pre-retirement judgments are influenced by a desire for a post-retirement job”. Perhaps, those words were never more relevant than they are today.
  • The immediacy and hurried nature of the present appointment, barely four months after Justice Gogoi retired, is bound to give rise to questions about its context.
  • It was a tenure that inspired much scrutiny; a tenure which saw the repeated use of sealed envelopes, the contents of which were known only to the government; a tenure which recorded a significant and frequent number of judgments in favour of the executive.

What were the alternatives?

  • Several appointments to administrative bodies require a cooling-off period for individuals so as to eliminate the possibility or suspicion of a conflict of interest or quid pro quo.
  • Officials who retire from sensitive positions are barred from accepting any other appointment for a period of time, normally two years.
  • These cooling-off periods in posts are premised on the snapping off of the nexus between previous incumbency and new appointment by the interposition of a sufficient time gap.
Parliament – Sessions, Procedures, Motions, Committees etc

When does Speaker suspend MPs from Lok Sabha?Priority 1

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Read the attached story

Mains level : Dignity of the Parliament


Seven MPs of a political party were suspended for unruly behaviour in the Lok Sabha. The motion was passed by a voice vote.

What is the reason for suspending an MP?

  • The general principle is that it is the role and duty of the Speaker of Lok Sabha to maintain order so that the House can function smoothly.
  • This is a daunting task even at the best of times.
  • In order to ensure that proceedings are conducted in the proper manner, the Speaker is empowered to force a Member to withdraw from the House (for the remaining part of the day), or to place him/her under suspension.

What are the rules under which the Speaker acts?

Rule Number 373 of the Rules of Procedure and Conduct of Business says:

  • The Speaker, if is of the opinion that the conduct of any Member is grossly disorderly, may direct such Member to withdraw immediately from the House, and any Member so ordered to withdraw shall do so forthwith and shall remain absent during the remainder of the day’s sitting.

To deal with more recalcitrant Members, the Speaker may take recourse to Rules 374 and 374A. Rule 374 says:

  1. The Speaker may, it deems it necessary, name a Member who disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business thereof.
  2. If a Member is so named by the Speaker, the Speaker shall, on a motion being made forthwith put the question that the Member (naming such Member) be suspended from the service of the House for a period not exceeding the remainder of the session: Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated.
  3. A member suspended under this rule shall forthwith withdraw from the precincts of the House.

What is the procedure for revocation of a Member’s suspension?

  • While the Speaker is empowered to place a Member under suspension, the authority for revocation of this order is not vested in her.
  • It is for the House, if it so desires, to resolve on a motion to revoke the suspension.

What happens in Rajya Sabha?

  • Like the Speaker in Lok Sabha, the Chairman of the Rajya Sabha is empowered under Rule Number 255 of its Rule Book to “direct any Member whose conduct is in his opinion grossly disorderly to withdraw immediately” from the House.
  • Any Member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting.
  • The Chairman may name a Member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing business.
  • In such a situation, the House may adopt a motion suspending the Member from the service of the House for a period not exceeding the remainder of the session.
  • The House may, however, by another motion, terminate the suspension.
  • Unlike the Speaker, however, the Rajya Sabha Chairman does not have the power to suspend a Member.

Way Forward: Striking a balance

  • There can be no question that the enforcement of the supreme authority of the Speaker is essential for smooth conduct of proceedings. A balance has to be struck.
  • However, it must be remembered that her job is to run the House, not to lord over it.
  • The solution to unruly behaviour has to be long-term and consistent with democratic values.
  • A step in that same direction could be to discontinue the practice of herding people out of the visitors’ gallery when the House witnesses chaos.
  • So, the ruling party of the day invariably insists on the maintenance of discipline, just as the Opposition insists on its right to protest. And their positions change when their roles flip.
Parliament – Sessions, Procedures, Motions, Committees etc

Department-related Standing Committees (DRSCs)Priority 1

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Standing Committees

Mains level : Parliamentary procedures and functioning


Fewer sittings of Parliament are compensated by the working of department-related standing committees (DRSCs) praised Rajya Sabha Chairman.

What are Standing Committees?

  • Standing Committee is a committee consisting of Members of Parliament.
  • It is a permanent and regular committee which is constituted from time to time according to the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business.
  • The work done by the Indian Parliament is not only voluminous but also of a complex nature, hence a good deal of its work is carried out in these Parliamentary Committees.
  • Standing Committees are of the following kinds :
  1. Financial Standing Committees (FSC)
  2. Department Related Standing Committees (DRSC)
  3. Others Standing Committees (OSC)

About DRSCs

  • There are 24 Department-related Standing Committees (DRSCs). Each of these committees have 31 members – 21 from Lok Sabha and 10 from Rajya Sabha.
  • The 17 Departmentally Related Standing Committees were formally constituted with effect from April, 1993.
  • After experiencing the working of the DRSC system for over a decade, the system was restructured in July,2004 wherein the number of DRSCs was increased from 17 to 24.
  • These members are to be nominated by the Speaker of Lok Sabha or the Chairman of Rajya Sabha respectively. The term of office of these committees does not exceed one year.
  • These committees are serviced either by Lok Sabha secretariat or the Rajya Sabha secretariat depending on who has appointed the chairman of that committee.

Equal to 10 House sittings

  • During a usual sitting of Parliament, the Houses are convened for six hours. Calculating it accordingly, the meeting of these committees amount to 10 sittings of Parliament.
  • Proportionately, the work done by the 16 Committees of Lok Sabha amounts to another 20 sittings of the Parliament.
  • In all, the work put in by the total 24 DRSCs in examining the Demands for Grants of all the ministries equals 30 days of functioning of the Parliament, which is quite significant.
  • If the working of the committees is taken into account for the entire year, it will amount to significantly higher number of days.
Parliament – Sessions, Procedures, Motions, Committees etc

Private Members BillPriority 1

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Private Members Bill

Mains level : Difference between private and government Bills


A member in Rajya Sabha appeared to abandon his plan of introducing a private member’s Bill on the Uniform Civil Code (UCC), a code that would be applicable to all religious communities in personal matters such as marriage, divorce, inheritance and adoption.

Private Member’s Bill

  • A private member’s Bill is different from a government Bill and is piloted by an MP who is not a minister. An MP who is not a minister is a private member.
  • Individual MPs may introduce private member’s Bill to draw the government’s attention to what they might see as issues requiring legislative intervention.

Difference between private and government Bills

  • While both private members and ministers take part in the lawmaking process, Bills introduced by private members are referred to as private member’s Bills and those introduced by ministers are called government Bills.
  • Government Bills are backed by the government and also reflect its legislative agenda.
  • The admissibility of a Private Bill is decided by the Chairman in the case of the Rajya Sabha and the Speaker in the case of the Lok Sabha.
  • Before the Bill can be listed for introduction, the Member must give at least a month’s notice, for the House Secretariat to examine it for compliance with constitutional provisions and rules on legislation.
  • While a government Bill can be introduced and discussed on any day, a private member’s bill can only be introduced and discussed on Fridays.

Has a private member’s bill ever become a law?

  • No private member’s Bill has been passed by Parliament since 1970.
  • To date, Parliament has passed 14 such Bills, six of them in 1956.
  • In the 14th Lok Sabha, of the over 300 private member’s Bills introduced, roughly four per cent were discussed, the remaining 96 per cent lapsed without a single dialogue.
  • The selection of Bills for discussion is done through a ballot.
Parliament – Sessions, Procedures, Motions, Committees etc

Explained: Regulation of Parliamentary Speech and ConductExplained

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Not much.

Mains level : Regulation of parliamentary speech and conduct of the representatives.


 

Two days of heated exchanges in Parliament have brought back recurring questions around “unparliamentarily” speech and conduct.

No absolute privilege

  • Article 105(2) of the Constitution lays down that “no Member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof”.
  • However MPs do not enjoy the freedom to say whatever they want inside the House.

Checks on MPs’ speech

  • Whatever an MP says is subject to the discipline of the Rules of Parliament, the “good sense” of Members, and the control of proceedings by the Speaker.
  • These checks ensure that MPs cannot use “defamatory or indecent or undignified or unparliamentary words” inside the House.
  • Rule 380 (“Expunction”) of the Rules of Procedure and Conduct of Business in Lok Sabha regulates the speech of MPs.
  • It says: “If the Speaker is of opinion that words have been used in debate which are defamatory or indecent or unparliamentary or undignified, the Speaker may, while exercising discretion order that such words be expunged from the proceedings of the House.”
  • Rule 381 says: “The portion of the proceedings of the House so expunged shall be marked by asterisks and an explanatory footnote shall be inserted in the proceedings as follows: ‘Expunged as ordered by the Chair’.”

What are Unparliamentary expressions?

  • There are phrases and words, literally in thousands, both in English and in other Indian languages that are “unparliamentary”.
  • The Presiding Officers — Speaker of Lok Sabha and Chairperson of Rajya Sabha — have the job of keeping these bad words out of Parliament’s records.
  • For their reference and help, the Lok Sabha Secretariat has brought out a bulky tome titled ‘Unparliamentary Expressions’, the 2004 edition of which ran into 900 pages.
  • The list contains several words and expressions that would probably be considered rude or offensive in most cultures; however, it also has stuff that is likely to be thought of as being fairly harmless or innocuous.
  • The state legislatures too are guided mainly by the same book, which also draws heavily from unparliamentarily words and phrases used in the Vidhan Sabhas and Vidhan Parishads of India.

Examples of unparliamentary

  • Among the words and phrases that have been deemed unparliamentary are “scumbag”, “shit”, “badmashi”, “bad” (as in “An MP is a bad man”), and “bandicoot”, which is unparliamentary if an MP uses it for another, but which is fine if he uses it for himself.
  • If the Presiding Officer is a “lady”, no MP can address her as “beloved Chairperson”.
  • The government or another MP cannot be accused of “bluffing”. “Bribe”, “blackmail”, “bribery”, “thief”, “thieves”, “dacoits”, “bucket of shit”, “damn”, “deceive”, “degrade”, and “darling”, are all unparliamentary.
  • MPs or Presiding Officers can’t be accused of being “double minded”, having “double standards”, being of “doubtful honesty”, being “downtrodden”, indulging in “double talk”, being “lazy”, “lousy”, a “nuisance” or a “loudmouth”.
  • No Member or Minister can be accused of having “deliberately concealed”, “concocted”, of being of a “confused mind”, or being “confused and unintelligent”.
  • An illiterate MP can’t be called “angootha chhaap”, and it is unparliamentary to suggest that a member should be sent to the “ajayabghar” (museum).
Parliament – Sessions, Procedures, Motions, Committees etc

Cabinet Committee on Investment and Growth (CCIG)


  • In an austerity move, the Union government has decided to reduce wasteful expenditure on items such as travel and food by 20 percent, it is learnt.
  • A decision of this effect was taken at a recent meeting of the Cabinet Committee on Investment and Growth (CCIG) chaired by Prime Minister Narendra Modi.
  • All ministries have been directed to reduce wasteful expenditure on travel, food and conferences by 20 percent.
  • Note: The CCIG was recently created in June 2019.
Parliament – Sessions, Procedures, Motions, Committees etc

250th session of Rajya SabhaPriority 1

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Read the attached story

Mains level : Significance of Rajya Sabha in Parliamentary procedures



  • The landmark 250th session of Rajya Sabha is commencing from today.
  • A glimpse of the content relating to the journey of Rajya Sabha during the last 67 years since it’s first sitting on 13.5.1952 is furnished below:

Some unique events relating to Rajya Sabha:

Members

  • Total members of Rajya Sabha so far including those with more than one term is 2,282 including 208 women and 137 nominated members.
  • Mahendra Prasad is serving the highest number of 7th term followed by Dr.Manmohan Singh serving 6th term.
  • Najma Heptulla and late Shri Ram Jethmalani are the other two with six terms each.
  • The representation of women in Rajya Sabha increased from 15 (6.94%) in 1952 increased to 31(12.76%) in 2014 and is now  26(10.83%) in 2019.

Casting vote by the Chair

  • The first and the only time when a Presiding Officer of Rajya Sabha cast his  vote was when the Panel Chairman Shri M.A.Baby did so on 5.8. 1991.
  • The voting was tied 39-39 on the Statutory Resolution moved by the opposition seeking disapproval of the Code of Criminal Procedure (Amendment) Ordinance resulting in the victory of the opposition in the House.

President Rule approved only by Rajya Sabha

  • It happened only twice in respect of extension of President Rule in Tamil Nadu and Nagaland in 1977 and in case of Haryana in 1991 when Lok Sabha was dissolved.

Removal of a Judge

  • The only time Rajya Sabha adopted a motion for removal of a Judge was in respect of Justice Soumitra Sen of Calcutta High Court on 18.8.2011 but he resigned before the motion was taken up in Lok Sabha.

Expulsion of members

  • Rajya Sabha adopted a motion on 15.11.1976 for expulsion of Dr.Subramanian Swamy whose conduct and activities were found by a Committee to be derogatory to the dignity of the House and it’s members.
  • Chatrapal Singh was expelled on 23.11.2005 after Ethics Committee found him guilty of accepting money for asking questions.
  • Swami Sakhsi Ji Maharaj was expelled on 21.3.2006 for irregularities in recommending projects under MPLAD scheme.

Reprimand

  • Former Member of Rajya Sabha Shri K.K.Tiwari was summoned to the Bar of the House and was reprimanded on 1.6.1990 for a statement published in newspapers the same day that brought the office of Chairman and the House to indignity and contempt.

Bill passed by Rajya Sabha but negative by Lok Sabha

  • The Constitution (Sixty-fourth Amendment) Bill 1990 seeking to amend Article 356 relating to extension of President’s Rule in Punjab.

Bills passed by Lok Sabha but negatived by Rajya Sabha (5)

  • The Constitution (Twenty-fourth Amendment) Bill, 1970 seeking to terminate privy purses and privileges of former Indian States, The Banking Service Commission (Repeal) Bill, 1977, The Constitution (Sixty-fourth Amendment) Bill, 1989 seeking to insert a new Part IX in the constitution relating to Panchayats, The Constitution (Sixty-fifth Amendment) Bill, 1989 relating to Nagar Panchayats and Municipalities and The Prevention of Terrorism Bill, 2002.

Bill reconsidered by Rajya Sabha

  • Rajya Sabha passed the Parliament (Prevention of Disqualification) Amendment Bill on 17.5.2006 as earlier passed by Lok Sabha but the President referred the same for reconsideration on 30.5.2006.
  • Rajya Sabha reconsidered the same and passed as it was on 27.7.2006 and Lok Sabha passed it four later and was later assented to by the President on 18.8.2006.

Bills passed at the joint sittings of both the Houses of Parliament (3)

  • The Dowry Prohibition Bill, 1959 was first introduced in and passed by Lok Sabha. Rajya Sabha later insisted on some amendments to which Lok Sabha did not agree. The Bill was passed on 9.5.1961 at a joint sitting.
  • The Banking Service Commission (Repeal) Bill, 1978 first introduced in and passed by Lok Sabha was later rejected by Rajya Sabha. It was passed on 16.5.2018 at a joint sitting.
  • The Prevention of Terrorism Bill, 2002 passed by Lok Sabha was negatived by Rajya Sabha and was later passed at a joint sitting on 26.3.2002.

Some firsts relating to Rajya Sabha

  • First sitting of the House was held on 13.5.1952
  • First Bill passed : The Indian Tariff (Second Amendment) Bill, 1952
  • First Bill concerning social change: The Special Marriages Bill, 1952
  • First Constitution Amendment Bill passed by Rajya Sabha: The Constitution (Second Amendment) Bill, 1953 for readjustment of representation in Lok Sabha by increasing the size of population per constituency.
  • First Bill on Law and Order: The Preventive Detention (Second Amendment) Bill, 1952
  • First Bill on imports: The Live-stock Importation (Amendment) Bill, 1953
  • First media related Bill: The Press (Objectionable Matters) Amendment Bill, 1953
  • First on reorganization of States: The Andhra State Bill, 1953
  • First Bill on health education: The All India Institute of Medical Sciences Bill, 1955
  • First on urban development : The Faridabad Development Corporation Bill, 1955
  • First on agriculture: The Agriculture Produce (Development and Warehousing Corporations) Bill, 1956
  • First Bill on all-India services: The All India Services (Amendment) Bill, 1958
  • First security related Bill: The Armed Forces (Assam and Manipur) Special Powers Bill, 1958
  • First relating to animals: The Prevention of Cruelty to Animals Bill, 1959
  • First on corporate take over: The Jayanti Shipping Company (Taking Over of Management) Bill, 1966
  • First on pollution: The Prevention of Water Pollution Bill, 1969
  • First nationalization Bill: The Banking Companies (Acquisition and Transfer of Undertakings) Bill, 1970
  • First against economic offences: The Economic Offences (Incapability of Limitation) Bill, 1974
  • First Money Bill deemed to have been passed by Rajya Sabha: The Appropriation (Railways) No.4 Bill, 1978
  • First Bill referring to terrorism: The Terrorist Affected Areas (Special Courts) Bill, 1984

Bills passed by Lok Sabha and amended by Rajya Sabha

The 120 such  Bills include; The Companies Bill, 1953, The UGC Bill, 1954, The Constitution (Forty-fourth Amendment) Bill, 1978, The Chit Funds Bill, 1982, The Prevention of Corruption Bill, 1988, The Prevention of Money Laundering Bill, 2002, The Special Economic Zones Bill, 2005, The Right to Fair Compensation and Transparency in Land Acquisition Bill, 2013, The Lok Pal and Lok Ayuktas Bill, 2016, The National Medical Council Bill, 2019 and The Motor Vehicles (Amendment) Bill, 2019.

Parliament – Sessions, Procedures, Motions, Committees etc

Speaker of the Lok SabhaPriority 1

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Speaker of the Lok Sabha

Mains level : Terms of reference for Speaker


  • Om Birla, a Member of Parliament from Rajasthan, was elected Speaker of the 17th Lok Sabha.

Speaker of the Lok Sabha

  • The Speaker of the Lok Sabha is the presiding officer of the Lok Sabha (House of the People), the lower house of the Parliament of India.
  • The speaker is elected generally in the very first meeting of the Lok Sabha following general elections.
  • Serving for a term of five years, the speaker chosen from sitting members of the Lok Sabha (House of the People), and is by convention a member of the ruling party or alliance.

Election

  • Newly elected MPs from the Lok Sabha elect the Speaker among themselves.
  • It is desired Speaker should be someone who understands Lok Sabha functions and it is someone accepted among the ruling and opposition parties.
  • MP’s propose a name to Pro tem speaker. These names are notified to President of India. President through their aid Secretary- General notifies the election date. If only one name is proposed, Speaker is elected without any formal vote.
  • However, if more than 1 nomination are received, a division (vote) is called.
  • MPs vote for their candidate on such date notified by President. Successful candidate is elected as Speaker of the Lok Sabha until next general election

Powers and Functions

  • The Speaker of the Lok Sabha conducts the business in house; and decides whether a bill is a money bill or not.
  • She/he maintains discipline and decorum in the house and can punish a member for their unruly behaviour by suspending them.
  • She/he also permit the moving of various kinds of motions and resolutions such as a motion of no confidence, motion of adjournment, motion of censure and calling attention notice as per the rules.
  • The Speaker decides on the agenda to be taken up for discussion during the meeting.
  • Further, all comments and speeches made by members of the House are addressed to the Speaker.
  • The Speaker also presides over the joint sitting of both houses of the Parliament of India.

Removal from office

  • Speaker can be removed by the Lok Sabha by a resolution passed by an effective majority (>50% of total strength excluding vacancies) of the house as per Articles 94 (vacation) and 96 (resolution for removal).
  • Speaker is also removed on getting disqualified for being Lok Sabha member under sections 7 and 8 of Representation of the People Act, 1951.
  • This would arise out of speaker’s wrong certification of a bill as money bill inconsistent with the definition given in Articles 110 of the constitution.
  • When courts uphold the unconstitutional act of the speaker for wrong certification of a bill as money bill, it amounts to disrespecting the constitution deserving conviction under Prevention of Insults to National Honour Act, 1971.
  • It is applicable for disqualification of speaker’s Lok Sabha membership under section 8K of Representation of the People Act, 1951.
  • However the omissions in the procedure committed by the speaker in the Lok Sabha can not be challenged in court of law per Article 122.

 


Also read:

 

Chairman of Rajya Sabha

  • The counterpart of the Speaker in the Rajya Sabha (Council of the States) is its Chairperson; the Vice President of India is the ex-officio chairperson of the Rajya Sabha.
  • On the order of precedence, the Speaker of Lok Sabha ranks sixth, along with the Chief Justice of India. The Speaker is answerable to the House.
  • Both the Speaker and Deputy Speaker may be removed by a resolution passed by the majority of the members.
Parliament – Sessions, Procedures, Motions, Committees etc

Explained: Appointment of the Pro-tem SpeakerPriority 1

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Protem Speaker, Leader of the Rajya Sabha

Mains level : Appointment and Functions of the Protem Speaker


  • A MP from Madhya Pradesh Virendra Kumar will be the Pro-tem Speaker of the Lok Sabha.

Pro-tem Speaker

  • Pro-tem is a Latin phrase which translates to for the time being in English and so the Pro-tem Speaker is a temporary speaker appointed for a limited period of time.
  • Pro-tem speaker is chosen for the conduct of the house when the Lok Sabha and Legislative Assemblies have been elected and the vote for the speaker and deputy speaker has not taken place.
  • The Pro-tem Speaker presides over the first sitting of the Lok Sabha, administer the oath of office to the newly elected MPs, and oversee the election of the Speaker.
  • Once the new Speaker is elected, the office of the pro tem speaker ceases to exist. He also administers the floor test.

Her/his Appointment

  • After a general election and the formation of a new government, a list of senior Lok Sabha members prepared by the Legislative Section is submitted to the Minister of Parliamentary Affairs, who selects a pro tem speaker.
  • The appointment has to be approved by the President.
  • The first meeting after the election when the Speaker and the Deputy Speaker are selected by members of the Parliament is held under the pro tem Speaker.

Must Read:

Leader of Rajya Sabha

  • Besides the Chairman (Vice-President of India) and the Deputy Chairman, there is also a position called Leader of the House.
  • This is a cabinet minister – the Prime Minister if he is a member of the House, or another nominated Minister.
  • The Leader has a seat next to the Chairman, in the front row.
Parliament – Sessions, Procedures, Motions, Committees etc

Leader of OppositionPriority 1

Note4Students

From UPSC perspective, the following things are important :

Prelims level : LoP and its appointment

Mains level : Importance of LoP


  • A national political party has stated that it will not stake claim for the position of Leader of Opposition in Parliament since it is short of the necessary numbers to be eligible for the position.
  • The second largest party in the house after the majority only has 52 members which is three short of the necessary figure.

Leader of Opposition

  • The LOP is leader of the largest party that has not less than one-tenth of the total strength of the house.
  • It is a statutory post defined in the Salaries and Allowances of Leaders of Opposition in Parliament Act, 1977.
  • The Act says that LoP is the Leader in that House of the party in opposition to the Government having the greatest numerical strength and recognised as such by the Chairman/Speaker of the House.
  • In Lok Sabha, total strength is 545 members so any party that has 55 members can get the post as recognised as such by the speaker/chairman.

Importance of LoP: The shadow PM

  • The Westminster model that India follows the opposition is a recognizable entity and the LoP is referred to as the ‘shadow Prime Minister’.
  • She/he is expected to be ready to take over if the government falls.
  • The LoP also plays an important role in bringing cohesiveness and effectiveness to the opposition’s functioning in policy and legislative work.

Selection Procedure

  • The procedure for recognising the leader of the opposition is well laid down.
  • On a request being made by the numerically largest party in the opposition, its designated leader be recognised as the leader of the opposition.
  • After the request is examined by her or his secretariat, the speaker/chairman accords recognition to that person.

Legal position of 10% Formulation

  • The point to note here is that the statute gives the numerically largest party in the opposition the right to have a leader recognised as leader of the opposition by the speaker.
  • Former Deputy Chairman of RS P.J. Kurien pointed that legally the party is entitled to the position.
  • The 10% formulation is inconsistent with the law ‘the salary and allowances of leaders of opposition in Parliament Act, 1977’ which only says that the largest opposition party should get the post.
  • The “10%” rule was in fact brought in 1985 by the then LS Speaker Balram Jakhar to deny the position to a party from then Andhra Pradesh.

Way Forward

  • No matter whosoever gets the majority, the LoP is critical to effective functioning of the opposition in the Parliament.
  • Now that there is a law recognising the LoP, passed by the Parliament, it has to be enforced and
  • LoP plays a crucial role in bringing bipartisanship and neutrality to the appointments in institutions of accountability and transparency – CVC, CBI, CIC, Lokpal etc.
  • It can’t be overlooked or undermined, no matter what the flexibility or ambiguity that exist in the legal framework.
Parliament – Sessions, Procedures, Motions, Committees etc

[op-ed snap] Trickeries of the money billop-ed snap

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Money Bill, Financial Bill

Mains level : Spirit of constitution should be maintained in money and financial Bill.


CONTEXT

The Supreme Court has now heard oral arguments in Revenue Bar Association (RBA) v. Union of India, in which the validity of the Finance Act of 2017, insofar as it affects the structure and functioning of various judicial tribunals, is under challenge.

Background

  • Ordinarily, the Finance Act, which is enacted at the beginning of every accounting year, seeks to give effect to the government’s fiscal policies.
  • In 2017, however, the state wielded the statute like a blunderbuss.
  • It not only set the fiscal agenda for the year ahead but it also toppled the existing regime governing the working of 26 different judicial bodies.
  • Until recently, each of these panels was governed by a separate statute, and those laws individually contained a set of principles providing for, among other things, the criteria employed to select and remove members to and from these bodies, and for salaries, allowances and other such service conditions of the members.

Concerns

  • The petitioners argued that this move runs sharply athwart judicial independence. The new law, in their belief, deputed to the executive what was really an essential legislative function.
  • Many of these tribunals, which included the National Green Tribunal (NGT), the Income Tax Appellate Tribunal, the National Company Law Appellate Tribunal, and the Industrial Disputes Tribunal, they pointed out, performed roles that were originally undertaken by the higher judiciary.
  • To assign to the executive’s whims the task of establishing the criteria employed in selecting members to the panels and to provide for the members’ service conditions was, therefore, pernicious to the basic principle of separation of powers.
  • Despite the Supreme Court’s previous ruling that the chairperson of a judicial tribunal ought to be equivalent to the Chief Justice of the high courts, as a result of the rules now made in furtherance of the Finance Act, in 13 different tribunals, a person who is merely qualified to be appointed as a judge of a high court can be selected as the presiding officer.

Need for reforms

  • In B.R. Ambedkar’s vision, the Constitution embodied not only a charter of rights but also a foundation for republican governance. His worries that democracy in India was “only a top-dressing on an Indian soil, which is essentially undemocratic”, saw him lay stress on a need to diffuse constitutional morality among India’s citizens.

Loopholes

  • One such clause, Article 110(1), grants to the Lok Sabha Speaker the authority to certify a draft law as a money bill so long as such legislation deals only with all or any of the matters specifically listed in the provision.
  • These include subjects such as the imposition or abolition of a tax, the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India, and, significantly, also any matter otherwise incidental to the subjects specified in Article 110.
  • The ensuing clause clarifies that a draft law will not be a money bill for the reason that it also provides for the imposition or abolition of a tax.
  • In other words, substantive laws, which are not merely incidental to the subjects enlisted in Article 110(1) cannot be finagled into a bill that also happens to contain taxing rules. It is precisely such trickery that the petitioners contended the Finance Act of 2017 indulges in.
  • The Union government, for its part, argued that the Speaker of the Lok Sabha was not only correct in making the classification, but that, in any event, her decision was beyond judicial review.
  • To this end, the government relied on Article 110(3), which states that in cases where a dispute arises over whether a bill is a money bill or not, the Speaker’s decision shall be considered final.
  • But, as the Supreme Court has repeatedly held, the finality accorded to the Speaker’s decision does not altogether oust the court’s jurisdiction.
  • Ultimately, the Speaker derives her power from the Constitution. In classifying a draft law as a money bill, therefore, her decision has to be demonstrably justifiable.
  • 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 regardless of whether it, in fact, meets the conditions stipulated in Article 110(1) or not.

Way Forward

  • The idea behind a money bill is derived from British parliamentary custom.
  • But unlike in Britain, where judicial review of the Speaker’s opinion is unambiguously prohibited, in India, Article 110 avoids creating any such bar.
  • Money bills exist simply to ensure that the Rajya Sabha isn’t allowed to bring down a government by refusing it access to the exchequer for everyday governance.
  • To use it as a means to nullify the Upper House’s democratic role in making substantive legislation denigrates the Constitution’s form which Ambedkar and the Constituent Assembly considered inviolate.
  • The Supreme Court has already squandered at least two opportunities in recent times to provide a sense of sanctity to the Constitution’s carefully structured arrangements.
  • The dispute over the Finance Act of 2017, therefore, assumes particular significance.
  • In deciding the case, the court will do well to pay heed to Ambedkar’s warnings, by recognising that the niceties of constitutional form are not a matter of trifles.
Parliament – Sessions, Procedures, Motions, Committees etc

Explained: Privilege MotionPrelims OnlyPriority 1


Note4students

Mains Paper 2: Polity | Parliament & State Legislatures – structure, functioning, conduct of business, powers & privileges & issues arising out of these

From UPSC perspective, the following things are important:

Prelims level: Everything about Privilege Motion

Mains level: Read the attached story


News

Privilege Motion

  1. Parliamentary privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”.
  2. When any of these rights and immunities is disregarded, the offence is called a breach of privilege and is punishable under law of Parliament.
  3. A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.
  4. Each House also claims the right to punish as contempt actions which, while not breach of any specific privilege, are offences against its authority and dignity.

What are the rules governing privilege?

  1. Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha Rulebook govern privilege.
  2. It says that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof.
  3. The rules however mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House. Notices have to be given before 10 am to the Speaker or the Chairperson.

Role of the LS Speaker/RS Chairperson

  1. The first level of scrutiny that a privilege motion has to go through is that of the Speaker, in case the motion is moved in the Lok Sabha and that of the Chairperson when a motion is moved in the Rajya Sabha.
  2. The Speaker/Chair may decide on the privilege motion at their own discretion or they may refer it to a parliamentary committee.
  3. The Speaker/Chair has authority to admit or dismiss the Privilege Motion.
  4. The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.
  5. If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.
  6. The Speaker/Chair can seek the services of “Committee of Privileges” to establish the allegations with facts. The committee may also recommend any punishment, which the Speaker may or may not accept.

Privileges Committee

  1. In the Lok Sabha, the Speaker nominates a committee of privileges consisting of 15 members as per respective party strengths. A report is then presented to the House for its consideration.
  2. The Speaker may permit a half-hour debate while considering the report.
  3. The Speaker may then pass final orders or direct that the report be tabled before the House.
  4. A resolution may then be moved relating to the breach of privilege that has to be unanimously passed.
  5. The process is similar in the Upper House, except that the privilege committee consists of 10 members and is headed by the deputy chairperson of the Rajya Sabha.

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