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Summary
Polity Class 25

A BRIEF OVERVIEW OF THE PREVIOUS CLASS and Q&A SESSION (05:00 PM)

POWERS OF RAJYA SABHA (05:04 PM)

RAJYA SABHA HAS UNEQUAL POWERS COMPARED TO LOK SABHA 

  • Money Bill can be introduced only in Lok Sabha
  • Rajya Sabha can not amend or reject Money Bill. Rajya Sabha can keep Money Bill with itself for a period of 14 days, After that it is deemed to be passed by Rajya Sabha
  • Lok Sabha can either accept or Reject the suggestions made by Rajya Sabha regarding Money Bill. 
  • Confidence motion and No-confidence motion can be moved only in Lok Sabha. 
  • Survival of government depends only on its majority in Lok Sabha. 
  • The power to decide whether a Bill is a money Bill or not is exclusive to the speaker of Lok Sabha. 
  • Joint session of both houses is presided over by the speaker of the Lok Sabha. 
  • Rajya Sabha can discuss the budget but can not vote on it. 
  • Resolutions for discontinuance of emergency can be passed only by Lok Sabha and not by Rajya Sabha. 
  • Even if a Bill is not passed by Rajya Sabha, it does not result in the fall of the government. 

RAJYA SABHA HAS SPECIAL POWERS (05:15 PM)

  • Only Rajya Sabha can authorize Parliament to make a law for subjects in the state list under Article 249. 
  • New All India Services can be created only after Rajy Sabha gives its approval (Article 312 of the constitution). 
  • Rajya Sabha can alone initiate the motion for the removal of the Vice President. 
  • If the president issues a notification for the proclamation of a national emergency (Article 352) or President's rule (Article 356) or Financial emergency (Article 360) and Lok sabha is dissolved before it gives approval, Rajya Sabha has to approve the same. 
  • Rajya Sabha has more powers and responsibilities in comparison to the House of Lords. Our constitutional makers have opted for a bicameral legislature for the following reasons 
  • a) Lok Sabha consists of members directly elected by the people and they can take decisions with a short-term political perspective. It can result in political populism. Rajya Sabha is a permanent house need not be influenced by short-term political considerations. It can ensure proper checks and balances over the functioning of the Lok Sabha
  • b) Rajya Sabha is also known as the Council of States. In our federal polity, the Rajya Sabha is expected to protect the interest of states. Our constitutional makers have given more powers to Rajya Sabha in this regard (Article 249, Article 312). 
  • c) It is not possible for eminent personalities to get themselves elected through Lok Sabha as they do not have the necessary resources. They can become part of the law-making process through Rajya Sabha. 
  • d) If a charismatic person becomes the leader of the country, Legislature can easily become an extension of the executive. Rajya Sabha can prevent the dictatorship of the executive as it becomes difficult for any government to have a majority in Rajya Sabha also. 

PASSING OF BILLS (05:30 PM)

  • Rajya Sabha is a permanent house whereas Lok Sabha is automatically dissolved after the expiry of 5 years. 
  • When Lok sabha is dissolved all the Bills, motions, resolutions, and notices would automatically lapse. They should be re-introduced in the next Lok Sabha
  • In the case of Lapsing of Bills, the following procedure is followed
  • a) A Bill pending in Lok sabha lapses with the dissolution of the house whether it has originated in Lok Sabha or transmitted to it by Rajya Sabha
  • b) A Bill passed by Lok Sabha but pending in Rajya Sabha lapses
  • c) A Bill not passed by both houses due to disagreement and the president has called for a Joint session before the dissolution of Lok Sabha, does not lapse. 
  • d) A Bill pending in the Rajya Sabha but it is not been passed by Lok Sabha, does not lapse. 
  • e) A Bill is passed by both houses and it is pending with the president for his approval, and does not lapse. 
  • f) A Bill passed by both houses but returned to parliament by President, does not lapse.

JOINT SESSION OF PARLIAMENT (05:42 PM)

  • If the Bill is rejected by another house.  
  • If there is a disagreement among both houses regarding amendments to the Bill. 
  • If six months have lapsed without the other house passing the Bill.  
  • The joint session is applicable only to ordinary Bills or Financial Bills and not to Money Bills and Constitutional Amendment Bills 
  • [* Why?- In the case of money Bill only LS has exclusive powers. In the case of Constitutional Amendment Bills, it has to be passed by both houses independently. It was to ensure that LS does not enjoy overriding power over the RS ]
  • In case of disagreements, a joint session is held. If the Bill has lapsed due to the dissolution of the Lok Sabha, No joint session can be held. 
  • The speaker of Lok Sabha presides over the joint session of both houses. In absence of the Speaker, it is the deputy speaker of LS who presides over the joint session. In case the deputy speaker is not there, then the deputy chairman of RS presides over the Joint session. In case the deputy chairman is not there, any member of LS or RS can preside over the joint session. 
  • Since 1950, the country has witnessed joint sessions only for 3 situations- the Dowry Prohibition Bill of the 1960s, the Banking services commission Bill of 1977, and the Prevention of Terrorism Bill of 2002 (POTA). 

TYPES OF MAJORITIES (05:53 PM)

  • Absolute Majority- It means a majority of more than 50% of the total membership of the house. [50% of 545=  273]. An absolute majority is needed in the case of Bills which are part of the Type III amendment of the Constitution. 
  • The effective majority- It means more than 50% of the effective strength of the house. For example- if the effective strength of LS is 535 due to resignations, Disqualifications, and Death (Vacancies). The majority required is only 268. It is required in case of removal of the Vice President, Removal of the speaker, and the deputy speaker. 
  • Simple majority- 50% of the members present and voting. For example- the total strength of LS is 545 and only 455 members are present and voting then the majority required is 228. It is needed to pass ordinary Bills, To pass confidence and No-confidence motion, Adjournment motion, Censure motion, declares a financial emergency, & impose article 356 and for elections of the speaker and Deputy Speaker. 
  • Special majority- 
  • a) Special majority Type I- As per article 249- It requires 2/3rd of members present and vote. Under this, it requires only a majority of 2/3rd members present and vote. The total strength of RS is 245 and if 150 members are present then the majority will be 101. It is to empower parliament to make laws for subjects in the state list. 
  • b) Special Majority Type II- Special majority as per Article 368- It requires 2/3rd members present and voting which should not be less than the absolute majority. For example- The total strength of RS is 245, the Absolute majority is 123, and if 150 members are present and voting then 123 members must vote in favour. 
  • It is needed to pass a constitutional amendment that does not affect federalism, Removal of judges of SC and HC, Removal of chief election commissioner and CAG, and Approval of national emergency in both houses. 
  • It is also required while passing a Resolution by the state legislature for the creation and abolition of state legislative councils (Article 169). 
  • c) Special majority Type III- As per Article 368 + ratification by the states- The Bills have to be passed by both houses of the parliament with a special majority which is not less than the Absolute majority but it should be approved by more than 50% of the state legislative assembly with a simple majority.
  • For example- NJAC Bill was passed by parliament as well as more than 50% of the state legislative assembly, GST Bill was also passed by more than 50% of the state assembly.  

FUNCTIONING OF THE PARLIAMENT (07:11 PM)

  • Quorum- The minimum no. of members required to be present in the house for the house to transact any business. It is 1/10th of the total membership of the house for Lok Sabha it is a minimum of 55 members and for RS it is a minimum of 25 members. If the quorum is not there then the presiding officer has to suspend the proceedings of the house.   
  • It is the president of India who summons the house from time to time. The maximum gap between 2 sessions of the parliament can not be more than 6 months. It means Parliament has to meet at least twice in a year. 
  • Normally there are three sessions of our parliament- Budget session, Monsoon session, and Winter session. 
  • The budget session starts in the last week of January and ends at end of March. The monsoon session is from July to September. The winter session is from November to December. 
  • Adjournment- It means the house functioning is terminated for that particular day. 
  • Adjournment-sine-die- It means that the house is adjourned for an indefinite period of time. 
  • Prorogation- When the house is adjourned-sine-die by the speaker after completing the business of the session, the president would issue a notification for the prorogation of the session. If the house has to meet again the president has to issue a fresh notification. 
  • Dissolution of the house-  After 5 years the house gets automatically dissolved. From the first day of the meeting, the 5 years are counted. President can dissolve the house if he is convinced that no political party is in a position to form the government in the existing Lok Sabha. 

MOTIONS IN THE PARLIAMENT (07:27 PM) 

  • No discussion on a matter of urgent public importance can take place without a motion moved on the floor of the house with the consent of the presiding officer of the house. There are three different types of motion
  • a) Substantive motion- It is a self-contained independent proposal dealing with a very significant matter like the removal of the president or other constitutional bodies.  
  • b) Substitute motion- As the name itself indicates it is moved as a substitution to an original motion. It proposes an alternative to the original policy. 
  • c) Subsidiary motion- It is moved as an extension of the original motion. It can make amendments to the original motion. 
  • Privilege motion- It is concerned with the breach of privileges by a minister. 
  • Adjournment Motion- It is moved to discuss a matter of urgent public importance. It needs a minimum of 50 members for it to be admitted. It can not be introduced in Rajya Sabha because this motion can fix accountability on the part of the Council of Ministers. This motion is followed by the reply of the concerned minister and opposition parties can demand voting at the end of the discussion. If it is passed, the government need not resign.
  • No-confidence motion-
  • Under Article 75, the Council of Ministers headed by the PM is collectively responsible to the Lok Sabha. The Lok sabha can express a lack of confidence in the ability of the Council of Ministers by passing a No-confidence motion.
  • It is not part of the constitution and it is part of parliamentary procedures. It requires the support of at least 50 members for it to be introduced on the floor of the house. Once it is admitted, the house will suspend normal business and will take up the No-confidence motion. If it is passed the government will have to resign.
  • Members do not have to give any reasons for the introduction of a No-confidence Motion. 
  • [* The time gap between two No-confidence motions is six months]
  • Confidence motion- 
  • It has become part of parliamentary procedures in recent times, especially with the advent of minority and coalition governments. 
  • The president will direct the Prime Minister to move the confidence motion on the floor of the house. If it is not passed then the government will have to resign. 
  • Censure motion
  • It is moved against individual ministers or groups of ministers or against the entire CoM. 
  • It follows the same procedure as the No-confidence motion. The members will have to state the reasons for its adoption in Lok Sabha.
  • If it is passed, the CoM need not resign. 

MONEY BILL (07:50 PM)

  • Article 110 deals with Money Bills. It is the speaker of Lok sabha who certifies a particular Bill as a Money Bill. 
  • This Money Bill can be introduced only in Lok Sabha after the recommendation of the President. 
  • Once the Money Bill is passed the president shall give his/her approval i.e. the president can not use his/her veto powers. 
  • The role of the Rajya Sabha is limited. It can not reject or amend the money Bill. It can only make recommendations. 
  • Lok sabha can either accept or reject those recommendations. Rajya Sabha can keep the Money Bill with itself for a period of 14 days. After that, it is deemed to be passed by Rajya Sabha.
  • If Lok Sabha accepts recommendations made by Rajya Sabha, they will be included in the Money Bill. But the Bill will not go back to Rajya Sabha.  
  • Question:- Analyze the reasons for the declining standards of our parliamentary democracy and suggest solutions. (250 words/ 15 marks)

The topic for the next class:- Financial Bill and President.