The Parliament of India By Jatin Verma

THE PARLIAMENT OF INDIA
BY JATINVERMA
© JATIN VERMA ALL RIGHTS RESERVED 20/01/2018 0

OUTCOME OF THE LESSON
 Learning about the Parts of Parliament and its functions in a Representative democracy.
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THE PARLIAMENT OF INDIA
 The Articles 79-122 in the Constitution deal with the Parliament. They contain the
organization, composition, duration, officers, procedures, privileges etc. related to the
Parliament of India.
 Article 79 states:
“There shall be a Parliament for the Union which shall consist of the President and
two Houses to be known respectively as the Council of States and the House of the
People.”
 Thus, the Parliament has three parts- The President, Lok Sabha and Rajya Sabha.
 Lok Sabha is also known as Lower House and the House of the People and the Rajya
Sabha is known as the Upper House and the Council of States.

ROLE OF THE PARLIAMENT OF INDIA
 The Parliament conducts sessions where debates on policy, legislation etc. are carried out.
 The Parliament is necessary for a representative democracy where the grievances or issues of
national importance can be discussed and solutions can be found for them.
 The laws of the land originate from the parliament, which is the supreme body responsible for
the law making procedure in India.
 A well-functioning Parliament is necessary for good governance of the country, however it is
dependent on the commitment of the Members of the Parliament.

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Lok Sabha Rajya Sabha
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PRESIDENT ASTHE PART OFTHE PARLIAMENT

PRESIDENT AS A PART OF THE PARLIAMENT
 The President is not a Member of either of the Houses.
 The Article 59 states that:
“The President shall not be a member of either House of Parliament or of a House of the
Legislature of any State, and if a member of either House of Parliament or of a House of
the Legislature of any State be elected President, he shall be deemed to have vacated his
seat in that House on the date on which he enters upon his office as President.”

 Although the President cannot be a Member of Parliament or a Member of the Legislative
Assembly of any of the Indian states, he is an integral and inseparable part of the Parliament.
 This is because of his role in the legislative procedure or the law making procedure.
 The legislative functions of the President:
 Article 85- The President has the power to summon, prorogue the Houses of the Parliament
and dissolve the Lok Sabha if the circumstances call for its dissolution before the completion
of the term.

 Article 108- Under certain specific circumstances, the President has the power to
summon a joint sitting of both Lok Sabha and Rajya Sabha. The joint sitting is
presided over by the Lok Sabha Speaker.
 Article 87- special opening address of the President to both the Houses of the
Parliament assembled during:
(I) The first session after each general election to the House of the People.
(II) Commencement of the first session of each year where both Houses of
Parliament are assembled together.

 Article 86(1)- This article confers the Right to the President for addressing either of the
Houses of the Parliament or the Joint sitting of both the houses at any time.
 Article 86(2)- This article confers the Right to the President for sending messages to either
House of the Parliament.
 Article 80(1)- The President can nominate 12 members to the Rajya Sabha. These members
are person with substantial and special knowledge or practical experience in the fields of
Literature, Science, Art and Social Service.

 Article 331- If the President is of the view that the Anglo-Indian community is not
adequately represented in the Lok Sabha (House of the People), he can nominate NOT more
than 2 members belonging to the Anglo-Indian community to the House.
 There are certain bills on specified legislation matters that require the previous sanction or
the recommendation of the President before these bills are introduced in the Parliament.

 The President in his power and duty, causes the laying of the Annual Financial
Statement (colloquially called Budget)
 Reports of Comptroller & Auditor-General relating to the accounts of the Indian
Government
 Annual report of Union Public Service Commission. Explanation is provided for the
reasons for any case where the advice of UPSC was not accepted
 Reports of Finance Commission along with explanatory memorandum of action taken
on the recommendations of the Commission
 Reports of Special officers of Scheduled Castes (SC) & Scheduled tribes (ST) and
Report of the Special officers of Linguistic Minorities and Backward Classes.
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 When a bill is passed by both the Houses, it is sent for the Presidential Assent. When the
President gives the assent, the Bill becomes as Act.
The Article 111 entitles the President to take the following actions when a bill is
presented for his/her assent:
1. Give his/her assent so that the bill becomes an Act.
2. Declare that he is withholding his/her assent to the Bill.
3. In case of any bill other than Money Bill, he/she may return the Bill for the Houses to
reconsider. He cannot return a Money Bill.
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 The Article 111 gives the President veto power to withhold his assent to the Bill. Indian
President can use Absolute Veto, Suspensive Veto and Pocket Veto
 Article 123 of the Indian Constitution empowers the President to promulgate an ordinance
when the Parliament is in recess.

CONDUCT OF PRESIDENT OR GOVERNOR
 The Parliament has been advisedly charged with the power and the duty of enforcing the
‘obligation of the minister to follow the directions given in the Instrument of Instructions’
and ‘to compel the ministry to give proper advice to the President’.
 Is such a Parliament precluded from discussing any failure on the part of the PM to
discharge a duty imposed by a constitutional provision despite the publication of credible
reports of such a lapse?
 This question arose in 1987 when the PM, Rajiv Gandhi claimed that the President was kept
informed on matters of national interest while the President contradicted the claim which
revealed a case of violation of Article 78.
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 Rule 352 of rules of procedure and conduct of business in the Lok Sabha provides that
 A member while speaking shall not .. reflect upon the conduct of persons in high authority
unless the discussion is based on a substantive motion drawn in proper terms.
 An explanation adds that ‘the words ‘persons in high authority’ mean persons whose
conduct can only be discussed on a substantive motion drawn in proper terms under the
Constitution or such other persons whose conduct, in the opinion of the Speaker, should be
discussed on a substantive motion drawn up in term to be approved by him’.

 Under the Constitution (Article 121) the only persons whose conduct cannot be discussed in
Parliament except upon a motion, and that too for their removal, are judges of the SC and
the HCs.
 The President and the governors fall under the category of ‘other persons’ in ‘high authority’
whose conduct can be discussed only on the basis of a substantive motion (impeachment for
the President and censure and a motion of no-confidence for the ministers).
 Rule 352 also provides that an MP shall not ‘use the President’s name for the purpose of
influencing the debate’.

 In 1989, LS Rules of procedure was amended to include ‘It shall not refer to or seek
disclosure of information about matters which are in their nature secret such as cabinet
discussions or advice given to the President in relation to any matter in respect of which
there is a constitutional, statutory or conventional obligation not to disclose information’.
 The fundamental principle of PMs accountability to the Parliament is ignored in the above
clause.
 There is a clear constitutional obligation to reveal to the Parliament whether or not the
President is being properly advised and informed.
 The courts have expanded the scope of judicial review. The SC ruled in 1994 that while
Article 174(2) bars the courts from inquiring into the advice tendered to the President, it is
open to them to examine the material on which the advise was based.

 A G Noorani says
 No one is immune to accountability under the Constitution.
 A procedural rule that constricts such accountability is unconstitutional.
 Properly read, the rules of procedure do permit discussion on substantive and proper
motions of the conduct of both the heads of state and of government, with due propriety and
decorum and when the situation warrants such discussion.
 The language must be precise and dignified and the debate limited to its terms. The speaker
must ensure all this.

ELIGIBILITY TO BECOME A MEMBER OF PARLIAMENT

QUALIFICATIONS
 Article 84 of the Constitution lays down the qualifications for membership of Parliament. A
person to be qualified for the membership of the Parliament should possess the following
qualifications:
 he must be a citizen of India and make and subscribe before some person authorized in that
behalf by the Election Commission an oath or affirmation according to the form set out for
the purpose in the Third Schedule to the Constitution;
 he must be not less than 30 years of age in case of Rajya Sabha and not less than 25 years
of age in case of Lok Sabha.
 he must possess such other qualifications as may be prescribed in that behalf by or under
any law made by Parliament.
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DISQUALIFICATION
 Article 102 of the Constitution lays down that a person shall be disqualified for being chosen
as, and for being, a member of either House of Parliament –
 if he holds any office of profit under the Government of India or the Government of any
State, other than an office declared by Parliament by law not to disqualify its holder;
 if he is of unsound mind and stands so declared by a competent court;
 if he is an undischarged insolvent;
 if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State,
or is under any acknowledgement of allegiance or adherence to a foreign State;
 if he is so disqualified by or under any law made by Parliament.
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DISQUALIFICATION UNDER TENTH SCHEDULE
 The Tenth Schedule to Constitution provides for disqualification of the members on ground
of defection.
 As per the provisions of the Tenth Schedule, a member may be disqualified if:
 he voluntarily gives up the membership of his political party OR
 if he votes or abstains from voting in the House contrary to any direction issued by the
political party to which he belongs, unless such voting or abstention has been condoned by
the political party within fifteen days.
 A member elected as an independent candidate shall be disqualified if he joins any political
party after his election.
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PARLIAMENTARY SESSIONS AND BUSINESS OF
THE PARLIAMENT

PARLIAMENTARY SESSIONS IN INDIA
 The sessions of the Parliament refers to the periods during which each House- Lok Sabha and
Rajya Sabha conduct their respective business.
 According to the Indian Constitution, the President needs to summon each House at such
intervals that there should not be more than a six-month gap between the two sessions.
Hence the Parliament must meet at least twice a year.
 Usually the parliament conducts three sessions each year:
 Budget session: February to May.
 Monsoon session: July to September.
 Winter session: November to December.

 Summoning- It means that the members of the Parliament have to be present for conducting
the parliamentary business. The President of India summons the two Houses of the Parliament
under Article 85(1) of the Constitution.
 Adjournment- It suspends the sitting of the house for a specified time that may be hours,
days or weeks. If the meeting is postponed for an indefinite time without stating a fixed
time for next meeting, it is called Adjournment sine die.
 Prorogation- It means the a session of the House has been terminated by an order made by
the President under article 85(2)(a) of the Constitution.
 Prorogation terminates both the sitting and session of the House whereas adjournment just
postpones a sitting. The time between the Prorogation and Reassembly of the Houses is called
Recess.

 Dissolution of Lok Sabha- Rajya Sabha is a permanent house, therefore the term dissolution
is used in the context of Lok Sabha.
 Lok Sabha gets dissolved at the completion of the term of 5 years from the date appointed for
its first meeting. The outgoing Union Cabinet recommends the President to dissolve the Lok
Sabha to pave the way for the newly constituted Lok Sabha after the general election results.
 Another manner in which Lok Sabha gets dissolved is when the ruling party loses majority. In
that case, the Council of Ministers must resign and the prerogative to dissolve Lok Sabha is
transferred to the President. He may ask other party to prove its majority, failing which fresh
elections need to be held.
 With the dissolution of Lok Sabha, its business including bills, motions, resolutions, notices,
petitions and so on pending before it or its committees lapse.

PREMATURE DISSOLUTIONS
 The Lok Sabha did its full term in 1957, 1962, 1967 and 1989.
 The first premature dissolution was readily granted to Indira Gandhi in 1970 and the second,
during the Emergency in 1977.
 In the second instance, the collapse of alternatives led to a dissolution after just two years in
1979.
 But in 1991 and again in 1997, the Lok Sabha was dissolved after about one year of its
term.
 Law Commission in its Report on Simultaneous Polls recommended introduction of
Constructive No Confidence Motion.

 Dr B. R. Ambedkar told the Constituent Assembly in 1948, that under a parliamentary
system of government, there are only two prerogatives which the king or the head of state
may exercise,
1. Appointment of the Prime Minister
2. Dissolution of the Lok Sabha

DISSOLUTION OF THE LOK SABHA
 There may arise many situations when the government loses majority in the Lok Sabha
1. Is the PM bound to resign or is he entitled to secure a verdict on his stewardship from
the Lok Sabha?
2. If the PM is allowed to prove his confidence and his motion of confidence is defeated, is
he entitled to dissolve the Lok Sabha in favour of a verdict of the people?
3. Is the President bound to ask the single largest party in the LS to form a government, if
the government is defeated on the floor of the LS?
4. If the party so asked fails to form a majority and asks the President for LS’s dissolution,
is the President bound to grant it?

5. Whether it is PM’s sole prerogative to tender such advise or must be based on a decision
by his Council of Ministers?
6. Can dissolution of the LS be accepted
from a PM facing a censure motion
from a PM who heads a minority government
from a PM who has resigned

 Article 74. Council of Ministers to aid and advise President
(1) There shall be a Council of Ministers with the Prime Minister at the head to aid
and advise the President who shall, in the exercise of his functions, act in accordance
with such advice: Provided that the President may require the council of Ministers to
reconsider such advice, either generally or otherwise, and the President shall act in
accordance with the advice tendered after such reconsideration
 (2) The question whether any, and if so what, advice was tendered by Ministers to the
President shall not be inquired into in any court

 Before we answer these questions, Let's understand some terms:
A minority government, or minority cabinet or minority parliament, is a cabinet formed in
a parliamentary system when a political party or coalition of parties does not have a majority of
overall seats in the parliament.
Minority Party in Government: If a Party has relatively largest number of seats but is
short of the golden number 273 (50% of 545 total seats of Lok Sabha). A party may be single
largest political party in Lok Sabha but it may not be having sufficient number of MPs
Minority Coalition Government: If two or more parties join hands to form govt. but are still
short of Golden number 273.
Majority Political Party Govt: A Party having 273 or more MPs on its own.
Majority Coalition of Parties: If two or more Political parties join hands and have a combined
strenght of more than 273 MPs

INDIAN POLITICS SINCE INDEPENDENCE: MINORITY
GOVERNMENTS IN INDIA'S HISTORY
 India has enough experience with the functioning of unstable and opportunistic coalition
governments both at the central and the state levels. Presidents/Governors have often asked
the leader of a newly formed coalition government to seek a vote of confidence to prove
majority support.
Shankar Dayal Sharma invited A B Vajpayee, leader of a minority party in the Lok Sabha in
1996, to form the government. This first BJP-led government at the Centre lasted from May
16 to June 1, 1996. It resigned without facing the vote of no-confidence moved by parties
opposed to it.
That was not the first time that a minority-party led government has functioned at the
Centre. The classic example of a minority-led government was of Indira Gandhi from 1969
till she asked for the dissolution of the Lok Sabha at the end of 1970.

 The Congress party had split in 1969 on the issue of ‘conscience vote’ for the office of
President of India and Indira Gandhi-led Congress was reduced to the position of the
largest party with minority of seats in the Lok Sabha.
Legality or constitutionality of Indira Gandhi’s government from 1969 to the end of 1970
was not at all questioned because it was left to the opposition parties to either move a vote
of no confidence or allow such a government to continue in office.

 This story was repeated in 1991 when P V Narasimha Rao formed a Congress-led
government that had the largest number of seats, but was in a minority in the Lok Sabha.
Incidentally, to characterise the V P Singh or the Chandra Shekar governments at the Centre
from 1989 to 1991 or the purely temporary primeministerships of H D Deva Gowda and I K
Gujral from 1996 to 1998 as coalition governments is a complete misnomer.

 In Samsher Singh case, 1974 the Supreme Court mentioned dissolution as the few
exceptional situations in which the President is free to exercise his discretion when the
PM advises him to dissolve the LS
 42nd Amendment Act made the advise of the CoM binding on the President.

1. Is the PM bound to resign or is he entitled to secure a verdict on his
stewardship from the Lok Sabha?
 Three contingencies
1. A single party ministry losing its majority because of a split or defections
2. A coalition falling apart
3. A majority government being ‘subsequently denied’ support by one of the supporting
parties
 The Committee of Governors report, 1971 says the governor should ask the CM to prove his
majority within the shortest possible time in the first and the third case.
 President, R. Venkataraman advised the PM, V P Singh to prove his majority in the LS after
BJP withdrew its support to the National Front in 1990.

2. If the PM is allowed to prove his confidence and his motion of confidence is defeated, is
he entitled to dissolve the lok sabha in favour of a verdict of the people?
 According to both the Bhagwan Sahay Committee (1971) and the Sarkaria Commission
(1986), the principle appears to be that dissolution must always be granted to a Ministry that
enjoys a majority. But the logic of this is greatly skewed. The converse proposition may be
acceptable. Thus dissolution may be refused to a minority Ministry to explore alternatives
for government formation. On that logic, a premature dissolution must be refused to a
majority government as the need for an alternative does not arise.
 Dissolution may be refused if: "(1) there is the belief that the existing Parliament was still
vital, viable and capable of doing its job; (2) there is belief that a general election would be
detrimental to the national economy; and (3) an alternative Prime Minister is found who
would be capable of commanding a working majority ... and thus able to form a government
for a reasonable period."

3. Is the President bound to ask the single largest party in the LS to form a
government, if the government is defeated on the floor of the LS?
 The report of the Committee of Governors says that the leader of the largest single party in
the house has no right to claim that he should be entrusted with the task of forming a
government to the exclusion of all others.
 The relevant test is not the size of a party but its ability to command the support of the
majority of the legislature.
 Defeated on a motion of no-confidence, V.P. Singh government resigned in 1990, without
advising the President to dissolve the Lok Sabha.
 Chandra Shekar was sworn in PM with Rajiv Gandhi’s support and some small groups.

5. Upholding the view that a pre-poll alliance should be treated as one political party, it
lays down the order of precedence that ought to be followed by the governor in case of
a hung house:
First, Call the group with the largest pre-poll alliance commanding the largest number;
Second, The single largest party with support of others;
Third, The post-electoral coalition with all parties joining the government; and
At-last, The post electoral alliance with some parties joining the government and
remaining including Independents supporting from outside. Sequence
1 2 3 4
Pre-Poll
Alliance
234
Single
largest
Party
238
members
Post-Poll
Coalition
240
Post
Electoral
Alliance
250

4. If the party so asked fails to form a majority and asks the President for LS’s
dissolution, is the President bound to grant it?
 Analysts are of the view that if an alternative government assumed office and asked for an
immediate dissolution or was at once defeated on a critical division, it would be the duty of
the Crown (the President) ‘to recall the former Government and grant it dissolution’.

5. Whether it is PM’s sole prerogative to tender such advise or must be based
on a decision by his Council of Ministers?
 The SC has time and again ruled that the Constitution must be read in the light of the
established conventions of the British Parliamentary system on which the framers of the
Constitution avowedly modelled it.
 Article 74(1) does not rob the President of his discretion on dissolution.
 Successive Presidents have recorded that implicitly in communiques issued from the
Rashtrapati Bhavan while ordering mid-term dissolutions of 1979 and 1991.
 No PM, especially one who heads a coalition, but also one who heads a single party
ministry, has the right to advise the termination of the life of the LS on his own.
 No President should act on such advice without consulting the PM’s colleagues in the
cabinet, if differences are suspected, not to forget the parties in the opposition.

DISSOLUTION BY A PM FACING A CENSURE MOTION
 Eugene Forsey formulated that ‘if a motion of censure or want of confidence is under debate
but has not yet been voted on, and the Cabinet tries to forestall a probable or even possible
defeat by asking for dissolution, then it is clearly the crown’s duty to refuse’.
 The report of the Governor’s committee (1971) held the same view for CM and the
governor.

DISSOLUTION BY A PM HEADING A MINORITY GOVT.
 A minority government can advise dissolution.
 Its advice would be accepted if no alternative government is in sight.
 A govt. defeated on a motion of no-confidence is also within its rights in seeking the
people’s verdict.
 Circumstances alter cases
 If the house is viable, recently elected, and the govt., having lost its confidence, seeks to
prevent an alternative govt. from assuming power by advising dissolution, such advise
should be rejected.

A CASE OF DISSOLUTION
 The Ministry headed by Shri Morarji Desai submitted its resignation on July 15, 1979 on its
being reduced to minority owing to large scale of defections.
 After the resignation of Shri Morarji Desai, the President first, invited the leader of the
Opposition, Shri Y.B. Chavan, to explore the possibility of forming a stable government.
 But Shri Chavan conveyed his failure to form an alternative Government.
 Soon after, the President, Shri Sanjiva Reddy invited Charan Singh to form the Government
and also asked him to seek a vote of confidence by the third week of August 1979.
 Mr. Charan Singh resigned before a vote was taken on the motion of confidence in the
specially convened session of the Lok Sabha.
 Moreover, he advised the President to dissolve the Lok Sabha and order a mid term poll as
'the only way out of the present unstable situation'.

A CASE OF DISSOLUTION
 From the President's point of view1, it was too complex a situation. He, in fact, had three
options before him. These were:
1) To invite Mr. Jagjiven Ram to form a government led by the Janata Party and ask him to
prove his majority in the House.
2) To dissolve the Lok Sabha and order fresh elections. This is to be accompanied by
inducting a new government under a non-controversial leader chosen by consensus of
various parties and acceptable to Mr. Senjiva Reddy.
3) To accept the advice of Mr. Charan Singh's Government to dissolve the Lok Sabha and
let it continue as a caretaker government.
 However, on August 22, the President accepted the recommendation of Mr. Charan Singh
for the dissolution of the Lok Sabha because he himself was satisfied that no other leader
could form the Government and the general election was the only alternative.

DISSOLUTION BY A PM WHO HAS RESIGNED
 On 28th November, 1997, Congress (I) withdrew its support to the UF govt and staked its
claim to form a government.
 The President, K. R. Narayanan accepted PM, Inder Kumar Gujaral’s resignation on the
same day and requested him and his colleagues to continue in office till alternative
arrangements were formed.
 The President dissolved the LS on the advice of I. K Gujaral, on 4th December, 1997 .
 The dissolution so secured after the PM’s resignation is said to have been unconstitutionally
secured by experts.
 Given the situation, it is a moot question whether the President should or could have
insisted that the govt. face the LS

OPTIONS IN A HUNG LOK SABHA
 1. An incumbent PM should not be invited to form a govt. once his party loses its majority
in an election even if it emerges as the single largest party.
 2. The President should, in such a case, invite the next single largest party to form a
government.
 3. Both rules are, however, subject to the overriding proviso that any coalition that
commands a majority in the house is entitled to be invited to form the government.
 4. The President ought to insist on clear agreement on the coalition’s leader, besides a
common minimum programme plus an accord to work in coalition, both of which should be
in writing and made public. There must be a written undertaking not to seek dissolution for
a specified, reasonable period of time in order to avert the kind of situation that the Rajiv
Gandhi-R. Venkataraman deal created in 1991.

OPTIONS IN A HUNG LOK SABHA
 5. No party is entitled to demand any assurances from the President that he grant a
dissolution in the event of its government’s collapse. Such a demand would be improper.
The established rules as to grant of dissolution should prevail in all cases.
 6. In extreme cases the President can ask the parties to hold discussions among themselves
under his auspices but without his participation.
 7. At all times a government must be in place to tender advice to the President, if need be, as
a caretaker government. The govt. must go on. Indian democracy brooks no interruption.

THE BUSINESS OF THE PARLIAMENT
 The main business of the Parliament are:
 Consideration of a Bill
 Financial business
 Consideration of a resolution or a motion.

 Legislative Business
 Legislative proposals in the form of a Bill can be brought forward either by a Minister or
by a private member.
 In the former case it is known as Government Bill and in the latter case it is known as a
Private Members' Bill.
 Every Bill passes through three stages called three readings before it is passed.
 To become law it must be passed by both the Houses of Parliament and then assented to by
the President.

 Financial Business
 This includes the presentation of the Annual Budget.
2017 onwards, the railway and annual budget were merged.
 The discussion and voting on the various demands for grants followed by passing of
Appropriation Bill and Finance Bill is carried out during the Budget Session every year.

 Motions and Resolutions
 Resolutions and motions may be brought forward by Government or by private members.
 Government may move a resolution or a motion for obtaining the sanction to a scheme or
opinion of the House on an important matter of policy or on a grave situation.
 Similarly, a private member may move a resolution or motion in order to draw the
attention of the House and of the Government to a particular problem.

THE RAJYA SABHA

BRIEF HISTORY
 The origin of the Council of States (Rajya Sabha) as a second Chamber can be traced to the
Montague-Chelmsford Report of 1918.
 The Government of India Act, 1919 provided for the creation of a ‘Council of State’ as a
second chamber of the then legislature with a restricted franchise which actually came into
existence in 1921.
 The Governor-General was the ex-officio President of the then Council of State. The
Government of India Act, 1935, hardly made any changes in its composition.
 The Constituent Assembly, which first met on 9th December 1946, also acted as the Central
Legislature till 1950, when it was converted as ‘Provisional Parliament’.

COMPOSITION OF RAJYA SABHA
 Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of
which 12 members are nominated by the President and 238 are representatives of the States
and of the two Union Territories.
 The present strength of Rajya Sabha, however, is 245, out of which 233 are representatives of
the States and Union territories of Delhi and Puducherry and 12 are nominated by the
President.

ALLOCATION OF SEATS
 The Fourth Schedule to the Constitution provides for allocation of seats to the States and
Union Territories in Rajya Sabha.
 The allocation of seats is made on the basis of the population of each State.
 With the reorganization of States and formation of new States, the number of elected
seats in the Rajya Sabha allotted to States and Union Territories has changed from time to
time since 1952.
 Question. Do you think representation of States in in Rajya Sabha should be Equal?

DEBATES AROUND CONTINUING THE SECOND CHAMBER
 Utility of Rajya Sabha
 Extensive debate took place in the Constituent Assembly regarding the utility of a Second
Chamber in Independent India.
 Ultimately, it was decided to have a bicameral legislature for independent India.
 This is because a federal system was considered to be most feasible form of Government
for a large country with large diversities.
 A single directly elected House was considered inadequate to meet the challenges before
free India.

DEBATES AROUND CONTINUING THE SECOND CHAMBER
 Thus, a second chamber known as the ‘Council of States’ was created with altogether
different composition and method of election from that of the directly elected House of the
People.
 It was meant to be the federal chamber i.e., a House elected by the elected members of
Assemblies of the States and two Union Territories in which States were not given equal
representation.
 Apart from the elected members, provision was also made for the nomination of twelve
members to the House by the President.
 The minimum age of thirty years was fixed for membership as against twenty-five years for
the Lower House.
 The Vice-President of India was made the ex-officio Chairman of the Rajya Sabha.
20/01/2018 59

PUNCHHI COMMISSION ON RAJYA SABHA
 On Rajya Sabha to be a Chamber to protect States' rights
 The essence of federalism lies in maintaining a proper balance of power in governance and in
this respect the Council of States (Rajya Sabha) occupies a significant role.
 There is no doubt that Rajya Sabha is representative of States of the Union and is supposed to
protect States' rights in Central policy making.
 The Commission is of the considered view that factors inhibiting the composition and
functioning of the Second Chamber as a representative forum of States should be removed or
modified even if it requires amendment of the Constitutional provisions.
 This is felt more important now when centralization tendencies are getting stronger and
fragmentation of the polity is becoming intense.
20/01/2018 60

 On Rajya Sabha to be a Chamber to protect States' rights
Whenever Central policies are formulated in relation to one or more States, it is only proper
that Committees of Rajya Sabha involving representatives of concerned States are allowed
to discuss and come up with alternate courses of action acceptable to the States and the
Union.
 Thus, compensating the mineral rich States or the Hill States can well be negotiated in the
Rajya Sabha Committee.
 Similarly, States adversely affected by the Centre entering into treaties or agreements with
other countries can get appropriate remedies if the forum of the Rajya Sabha is utilized for the
purpose. In fact, Rajya Sabha offers immense potential to negotiate acceptable solutions to the
friction points which emerge between Centre and States in fiscal, legislative and
administrative relations.

 On Equal representation of States in Rajya Sabha
 The principle of equality and equal representation in institutions of governance is
as much relevant to States as to individuals in a multi-party, diverse polity.
 Equally applicable is the idea of preferential discrimination in favour of backward
States in the matter of fiscal devolution from Union to States.
 There are other federations which give equal number of seats to the federating
units in the Council of States irrespective of the size of their territory and
population. [U.S.]

 On Equal representation of States in Rajya Sabha
 The number of seats in the House of People (Lok Sabha) anyway is directly linked to the
population and there is no need to duplicate the principle. A balance of power between
States inter se is desirable and this is possible by equality of representation in the Rajya
Sabha. If the Council of States has failed to function as representative of States as
originally envisaged, it is because of the asymmetry of coalition politics and the way the
party system developed.
 The functioning of Rajya Sabha can be reformed to achieve the original purpose of
federal equilibrium. The Commission, therefore, strongly recommends amendment of
the relevant provisions to give equality of seats to States in the Rajya Sabha, irrespective
of their population size.

 On Equal representation of States in Rajya Sabha: The Commission is also of the
considered opinion that the reasoning of the Supreme Court in Kuldip Nayyar V. Union of
India, 2006 rejecting the status of Rajya Sabha as a Chamber representing the States in the
federal Union is faulty and deserves review.
 Meanwhile, Parliament should act restoring section 3 of the Representation of People Act
as it originally stood to redeem the federal balance in shared governance.
 The territorial link as prescribed by the Representation of People Act is necessary and
desirable to let the States realize that they are equal partners in national policy making and
governance.

ABUSE OF RAJYA SABHA
 Representation of Peoples Act, 1951 provides that
 ‘A person shall not be qualified to be chosen as a representative of any state in the Council
of States unless he is an elector for a parliamentary constituency in that state.
 A person must be ordinarily resident in a constituency of the assembly in order to qualify
for enrolment as a voter in that assembly constituency and thus in the parliamentary
constituency of which it is a part.’

 Representation of Peoples Act, 1950 prescribes a detailed procedure for enrolment as voter
in an assembly constituency.
 The electoral roll for every parliamentary constituency consists of the electoral rolls of all
the assembly constituencies in that parliamentary constituency.
 No person shall be entitled to be registered in the electoral roll for more than one assembly
constituency or in its roll more than once.
 Two conditions prescribed for enrolment- minimum age of 18 years and that the person is
‘ordinarily resident in a constituency’. Such residence must be obtained at the time of
enrolment (i.e ordinarily resident).

 A person shall not be deemed to be ordinarily resident in a constituency on the ground that
he owns, or is in the possession of, a dwelling house therein. But this has precisely been the
one ground advanced in recent years by almost all the delinquents to claim ordinary
residence.
 The issue of MPs securing election by false declarations on their ‘ordinary residence’
concerns both federalism and the probity of public life.
 Moreover, section 31 of the Representation of the peoples Act of 1950 makes it a criminal
offense, punishable with imprisonment for one year or with fine or both, to make false
declarations with the inclusion or exclusion of any entry in or from an electoral roll.
 This offense also falls within the ambit of Section 199 of the Penal Code and constitutes the
offense of giving false offense which is punishable with a 7 year tem and is not subject to
any period of limitation.

AMENDMENT
 REMOVAL OF DOMICILE REQUIREMENT
In 2003, the Parliament passed the amendment to Section 3[1] of the Representation of
People’s Act. The qualification for membership to Council of States stated that, for
qualification to Council of States, the requirement was that one should be an elector for a
Parliamentary constituency ‘in India’ as opposed to ‘in that State or territory’ which was the
previous position. Thus, the earlier domicile requirement was removed by effect of this
amendment.

PROCESS FOR ELECTION/NOMINATION TO RAJYA SABHA
 Electoral College:
 The representatives of the States and of the Union Territories in the Rajya Sabha are
elected by the method of indirect election.
 The representatives of each State and two Union territories are elected by the elected
members of the Legislative Assembly of that State and by the members of the Electoral
College for that Union Territory in accordance with the system of proportional
representation by means of the single transferable vote.
 The Electoral College for the National Capital Territory of Delhi consists of the elected
members of the Legislative Assembly of Delhi, and that for Puducherry consists of the
elected members of the Puducherry Legislative Assembly.

 Biennial/By-election
 Rajya Sabha is a permanent House and is not subject to dissolution.
 However, one-third Members of Rajya Sabha retire after every second year.
 A member who is elected for a full term serves for a period of six years.
 The election held to fill a vacancy arising otherwise than by retirement of a member on the
expiration of his term of office is called ‘Bye-election’.
 A member elected in a bye-election remains member for the remainder of the term of the
member who had resigned or died or disqualified to be member of the House under the
Tenth Schedule.
20/01/2018 70

 Representation of States:
The representatives of states in the Rajya Sabha are elected by the elected
members of state legislative assemblies.
The election is held in accordance with the system of proportional representation
by means of the single transferable vote.
The seats are allotted to the states in the Rajya Sabha on the basis of population.
Uttar Pradesh has 31 members while Tripura has 1 member only.
 Hence, the number of representatives varies from state to state.

 Representation of Union Territories: Out of the seven union territories, only two
(Delhi and Puducherry) have representation in Rajya Sabha.
 The representatives of each union territory in the Rajya Sabha are indirectly elected by
members of an electroral college specially constituted for the purpose.
 This election is also held in accordance with the system of proportional representation by
means of the single transferable vote.. The populations of other five union territories are
too small to have any representative in the Rajya Sabha.

 The system of election of members to the Rajya Sabha is by proportional
representation by means of the single transferable vote (STV).
 The STV system is similar to the one followed in the election to the President of India
and members of the legislative council in states. The vote is transferred from one
candidate to another.
 In STV, each voter ranks the list of candidates in order of preference. In the ballot
paper,
they place a ‘1’ beside their most preferred candidate,
a ‘2’ beside their second most preferred, and so on.
 The completed ballot paper therefore contains the candidates in the order of
preference as marked by the voter.

20/01/2018
Single Transferrable vote Explained:
NOTA
74© JATINVERMAALL RIGHTS RESERVED

Out of 31 Rajya
Sabha members
from UP, Memebrs
would be chosen
by MLAs of
different political
parties

Recent Controversy

 Page-1: NOTA option to stay in Rajya Sabha polls. [August 4, 2017]
[Polity & Governance- Parliamentary Functioning]
 The Supreme Court refused to stay an Election Commission circular issued in January 2014 that
introduced NOTA in the Rajya Sabha elections.
 Refusing to also quash a circular to include NOTA in the ballot papers, the court paid scant regard to
submissions made by a senior advocate that NOTA would be a “recipe for corruption”.
 Senior Advocate raised the concern that MLAs could defy the party whip and invalidate their votes
by opting for NOTA.
 The court issued notice to the Election Commission of India, saying the poll body should be heard
in detail as any judicial decision on NOTA may have a ripple effect on elections conducted from
January 24, 2014, to the present day.
 The court asked why the Congress was challenging the circular now, while noting that so many
elections were held since January 24, 2014.
 Arguments against NOTA in Rajya Sabha: The system of NOTA makes the system of
proportional representation by means of single transferable vote nugatory and otiose and cannot
be made applicable in Rajya Sabha elections.
20/01/2018
78

 Page-11: Congress, BJP not in favour of NOTA
in Rajya Sabha polls.
Since there was no secrecy in Rajya Sabha
election, NOTA is not of much Rajya Sabha,
parties issue whip for these elections and NOTA
option went against the nature of the whip.
Party A. Party B
NOTA
 Kuldip Nayar case: The Supreme Court’s
judgment in Kuldip Nayar vs Union Of India &
Ors is significant in this regard.
 In the Kuldip Nayar case, amendments
introducing the open ballot system were under
challenge, but were dismissed by the court.
 The Supreme Court observed: “The contention
that the right of expression of the voter at an
election for the Rajya Sabha is affected by open
ballot is not tenable, as an elected MLA would
not face any disqualification from the
membership of the House for voting in a
particular manner.
 The Court said the member “may at the most
attract action from the political party to which he
belongs.”
20/01/2018 79© JATINVERMAALL RIGHTS RESERVED

 Impact of NOTA:
The impact of the decision of MLAs to exercise the NOTA (none of the above) option in elections to the
Rajya Sabha will be the same as that of an abstention.
 Nor does it attract the anti-defection law, though it can be a sign that an MLA is dissatisfied with his party
leadership or official candidate.
 Process of Rajya Sabha election:
-In the Rajya Sabha polls, a winning candidate should get a required number of votes calculated
through a formula.
-The total number of votes are divided by the number of seats going to the polls from the State, adding one
vote to the number. To this whole, a value of one vote is again added.
 The polls are held by means of a single, transferable vote, and the candidates reaching the requisite
number are declared elected.
If a candidate from a party exercises the NOTA option, the total votes will go down and this will bring
down the number required to win.
 This can benefit a candidate from another party, in case MLAs from that party vote for their official
candidate, neither abstaining nor exercising the NOTA option.
 Abstentions — an option even before NOTA — produced the same results by bringing down the total
number of votes.
20/01/2018 80© JATINVERMAALL RIGHTS RESERVED

PRESIDING OFFICERS - CHAIRMAN AND DEPUTY CHAIRMAN
 The Presiding Officers of Rajya Sabha have the responsibility to conduct the proceedings of
the House.
 The Vice-President of India is ex-officio Chairman of Rajya Sabha. Rajya Sabha also
chooses from amongst its members, a Deputy Chairman.
 There is also a Panel of Vice-Chairmen in Rajya Sabha, the members of which are
nominated by the Chairman, Rajya Sabha.
 In the absence of the Chairman and Deputy Chairman, a member from the Panel of Vice-
Chairmen presides over the proceedings of the House.
20/01/2018 81

SPECIAL POWERS OF RAJYA SABHA
 Article 249: If Rajya Sabha passes a resolution by a majority of not less than two-thirds of
members present and voting saying that it is “necessary or expedient in the national interest”
that Parliament should make a law on a matter enumerated in the State List, Parliament
becomes empowered to make a law on the subject specified in the resolution, for the
whole or any part of the territory of India.
 Such a resolution remains in force for a maximum period of one year but this period can be
extended by one year at a time by passing a similar resolution further.

 Article 312. All India Services
If Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members
present and voting declaring that it is necessary or expedient in the national interest to create
one or more All India Services common to the Union and the States, Parliament becomes
empowered to create by law such services.
20/01/2018 83

 The President is empowered to issue Proclamations:
[i] in the event of national emergency,
[ii]in the event of failure of constitutional machinery in a State, or
[iii]in the case of financial emergency.
 Every such proclamation has to be approved by both Houses of Parliament within a stipulated
period.
 Under certain circumstances, however, Rajya Sabha enjoys special powers in this
regard: If a Proclamation is issued at a time when Lok Sabha has been dissolved or the
dissolution of Lok Sabha takes place within the period allowed for its approval, then the
proclamation remains effective, if the resolution approving it is passed by Rajya Sabha within
the period specified in the Constitution under articles 352, 356 and 360.

RAJYA SABHA IN FINANCIAL MATTERS
 A Money Bill can be introduced only in Lok Sabha.
 After it is passed by Lok Sabha, it is transmitted to Rajya Sabha for its approval or
recommendation.
 The power of Rajya Sabha in respect of Money Bill is limited.
 Rajya Sabha has to return such a Bill to Lok Sabha within a period of fourteen days from its
receipt.
 If it is not returned to Lok Sabha within that time, the Bill is deemed to have been passed by
both Houses at the expiration of the said period in the form in which it was passed by Lok
Sabha.
 Again, Rajya Sabha cannot amend a Money Bill; it can only recommend amendments and
Lok Sabha may either accept or reject all or any of the recommendations made by Rajya
Sabha.

 Apart from a Money Bill, certain other categories of Financial Bills also cannot be introduced
in Rajya Sabha.
 There are, however, some other types of Financial Bills on which there is no limitation on the
powers of the Rajya Sabha.
 These Bills may be initiated in either House and Rajya Sabha has powers to reject or amend
such Financial Bills like any other Bill.

 The Budget of the Government of India is laid every year before Rajya Sabha also and its
members discuss it.
 Though Rajya Sabha does not vote on Demands for Grants of various Ministries which is a
matter exclusively reserved for Lok Sabha - no money, however, can be withdrawn from the
Consolidated Fund of India unless the Appropriation Bill has been passed by both the
Houses.
 Similarly, the Finance Bill is also brought before Rajya Sabha.
 Also, the Department-related Parliamentary Standing Committees that examine the annual
Demands for Grants of the Ministries/Departments are joint committees having ten members
from Rajya Sabha.

LEADER OF THE HOUSE
 Leader of the House is another functionary who plays important role in the efficient and
smooth conduct of the business in the House.
 The Leader of the House in Rajya Sabha is normally the Prime Minister, if he is its member
or any Minister who is a member of the House and is nominated by him to so function.
 The primary responsibility is to maintain coordination amongst all sections of the House for a
harmonious and meaningful debate in the House. For this purpose, he remains in close
contact not only with the Government but also with the Opposition, individual ministers and
the Presiding Officer.

LEADER OF THE OPPOSITION
 In Rajya Sabha until 1969, there was no Leader of the Opposition in real sense of the term.
 Till then, the practice was to call the Leader of the party in Opposition having the largest
number of the members as the Leader of the Opposition, without according him any formal
recognition, status or privilege.
 The office of Leader of the Opposition was given official recognition through the Salary and
Allowances of Leaders of the Opposition in Parliament Act, 1977.

 This Act defines the Leader of the Opposition in Rajya Sabha, as a member of the Council of
States who is, for the time being, the Leader in that House of the party in opposition to the
Government constituting the greatest numerical strength.
 He/she is recognized as the leader of the opposition by the Chairman of the Council of States.
 The Leader of the Opposition should satisfy three conditions, namely, (i) he should be a
member of the House (ii) the Leader in Rajya Sabha of the party in opposition to the
Government having the greatest numerical strength and (iii) be recognized as such by the
Chairman, Rajya Sabha.

PM FROM RAJYA SABHA
 The chief executive, be he the PM or the CM, has the power to select his colleagues in the
cabinet, advise the head of the state to dismiss them, advise dissolution of the lower House,
preside over the cabinet, besides the powers of patronage.
 A G Noorani says that it is absurd that he should not be a member of the House directly
elected by the people to whom he is responsible and which alone controls the public purse.
 He asks ‘what respect can he command in the eyes of the nation and the world outside if he
is seen to be avoiding his own election by the people?’

PRIME MINISTERS FROM RS
 First Rajya Sabha MP to become the PM was Indira Gandhi when she became the Prime
Minister on 24 January 1966. She took over the reins from caretaker PM Gulzarilal Nanda
who had to take charge for 13 days post Lal Bahadur Shastri’s assassination.
 Second Rajya Sabha MP to sit on the PM’s chair was H. D. Deve Gowra of the Janta Dal
government, who took the charge on 1 June 1996. He resigned not even completing 1 full
year as the Prime Minister on 21 April 1997.
 Third person to be the PM from Rajya Sabha was Deve Gowra’s successor - Inder Kumar
Gujral of the Janta Dal government on the same day that Deve Gowra resigned.
Unfortunately, his tenure was also short lived, just completing 332 days, till 19 March 1998.
 The last (as of now) Rajya Sabha MP to become the PM of India is Dr. Manmohan Singh,
who lasted 2 full terms - from 22 May 2004 to 26 May 2014; before BJP swept the polls and
formed the government.

THE LOK SABHA

COMPOSITION OF LOK SABHA
 Lok Sabha is composed of representative of the people chosen by direct election on the basis
of adult suffrage.
 The maximum strength of the House envisaged by the Constitution is 552, upto 530 members
to represent the States, up to 20 members to represent the Union Territories and not more than
two members of the Anglo-Indian Community to be nominated by the President, if, in his
opinion, that community is not adequately represented in the House.
 The total elective membership is distributed among the States in such a way that the ratio
between the number of seats allotted to each State and the population of the State is
practicably the same for all States.

TERM OF LOK SABHA
 Unlike Rajya Sabha, Lok Sabha has a fixed term.
 Lok Sabha, unless sooner dissolved, continues for five years from the date appointed for its
first meeting.
 However, while a Proclamation of Emergency is in operation, this period may be extended by
Parliament by law for a period not exceeding one year at a time and not extending beyond a
period of six months after the proclamation has ceased to operate.

PRESIDING OFFICERS
 Lok Sabha elects one of its own members as its Presiding Officer and he is called the Speaker.
 He is assisted by the Deputy Speaker who is also elected by Lok Sabha.
 The conduct of business in Lok Sabha is the responsibility of the Speaker.

LEADER OF THE HOUSE
 Leader of the Lok Sabha, is the Prime Minister by default if he is a member of the Lok
Sabha.
 If the Prime Minister is not a member of the Lower House of Parliament he can nominate
another minister as the Leader of the House.
 Currently, The Prime Minister of India Shri Narendra Modi is the Leader of the House.

 Leader of the opposition in the Lok Sabha enjoys the rank of a cabinet minister and also
serves on crucial selection panels for the Lokpal, Chief Information Commissioners, Chief
Vigilance Commissioner, Central Bureau of Investigation Director, National Human Rights
Commission Chairman and so on.
 However, the largest opposition party must have at least 10% of the total strength of the
House (55 seats in the Lok Sabha). If any party fails to get 10% seats in opposition, the House
will not have recognised leader of the opposition.
 This is the case with the current 16th Lok Sabha. There is no formal leader of the Opposition.

LEADER OF THE OPPOSITION CONTROVERSY……
 Background
Leader of Opposition was accorded statutory status and defined under Salary and
allowances of Leaders of Opposition in Parliament Act, 1977.
 Importance of LoP:
• Constructive criticism on the policies of the government.
• Helps to represent a view contrary from that of government.
• LoP is required on the panels that recommend key appointments like Lokpal, CVC,
CIC etc.
• 2nd ARC recommended setting up of a Civil service Board- for transfer posting of top
bureaucratic posts, the members of this Committee, will be selected by PM and LoP.
© JATINVERMAALL RIGHTS RESERVED 20/01/2018
99

MONEY BILL
 Article 110: Only those financial bills which contain provisions exclusively on matters
listed in article 110 of the constitution are called Money Bills.
 On the basis of definition given in Art 110, a bill is money bill only if:
1. It results in imposition, abolition, remission, alteration or regulation of any tax at union
or state level but NOT at local level. Thus, money bills exist in Parliament and State
legislature only. If a financial bill results in imposition, abolition, remission, alteration
or regulation at local level by a local body, it is not considered to be a money bill.
2. It results in regulation of borrowing of money or results in any guarantee by
Government of India.
3. Results in withdrawal of money from Consolidated or Contingency fund
4. Receipt of money in consolidated fund and public account.
Question of whether a financial bill is money bill or not, is decided by Speaker. Such bill
needs to be endorsed by Speaker when passed by Lok Sabha and sent to Rajya Sabha.
10
0

MONEY BILL
 Procedure for Passing of the Money Bills
 The procedure for the passage of money bill in the Parliament is distinct:
A money bill can be introduced / originated only in Lok Sabha {or in legislative assembly
in case of bicameral legislature in states}.
 A money bill can be introduced only on prior recommendations of the President {or
governor in case of state}
10
1

 A money bill can be a government bill only i.e. it has to be introduced
by a Minister only. No private bill can be a money bill.
 Once a money bill is passed in Lok Sabha, it is transmitted to Rajya
Sabha for its consideration. But Rajya Sabha has limited powers in this
context. It can neither reject nor amend the money bill. It can make
only recommendations and has to return the bill with or without
recommendations to Lok Sabha in 14 days.
10
2

 The Lok Sabha may or may not accept the recommendations of Rajya Sabha. Even if the Rajya
Sabha does not even return the bill in 14 days, it is considered passed in both houses.
 President has limited power: He can withhold assent to money bill but cannot return it for
reconsideration of the Lok Sabha.
 No Joint sitting: There is no question of joint sitting in case of money bills because opinion of
Rajya Sabha is immaterial in their case.
 Example of a money bill is Finance Bill which is introduced with Budget in India. Usually such
bill has provisions related to article 110 (1)(a) {imposition, abolition, remission, alteration or
regulation of any tax} and is certified as a money bill.
 It has its endorsement by speaker as money bill and Rajya Sabha has no power to change its
fate. The decision of the Speaker in this regard is final.
10
3

 Financial Bill Category-I and Category-II
 Sometimes, a bill apart from being a money bill {i.e. having provisions of article 110}, may also
have other provisions. Example of such bill is Central Road Fund Bill (now Central Road Fund
Act), which proposed to establish a non-lapsable fund to impose cess/tax by the Union
Government on the consumption of Petrol and High Speed Diesel to develop and maintain
National Highways. This bill contained provisions of not only imposition of taxes but also putting
its proceeds in Consolidated Fund and withdrawing the same from it for development of roads. It
has other detailed provisions on how it will be used, what will be duties of government etc. etc.
Thus, apart from being a money bill, it also has other provisions and thus called Financial Bill of
Category-I.
 A financial bill of category-I is considered same as Money Bill and introduced in the Lok Sabha
on the recommendation of the President. However once it has been passed by the Lok Sabha, it is
like an ordinary Bill and there is no restriction on the powers of the Rajya Sabha on such Bills.
Rajya Sabha has powers to reject it and also there is a provision of joint sitting in this case.
10
4

 A financial bill of category-II is one which although has provisions involving expenditure
from Consolidated Fund of India but does not have anything mentioned in article 110. We
may take the example of “President’s (Emoluments and) Pension Act” to understand this
kind of bill. This bill has provisions that money has to be taken out of the Consolidated
Fund to pay salary to president but there is nothing in the bill as per provisions of article
110.
 Such a bill is ordinary in all respects and both Lok Sabha and Rajya Sabha enjoy equal
powers in this bill. However, only special feature of this bill is that recommendation of
the President is essential for consideration and passing of these Bills by either House.
10
5

 Financial Bill Category-I and Category-II
 Sometimes, a bill apart from being a money bill {i.e. having provisions of article 110}, may also
have other provisions. Example of such bill is Central Road Fund Bill (now Central Road Fund
Act), which proposed to establish a non-lapsable fund to impose cess/tax by the Union
Government on the consumption of Petrol and High Speed Diesel to develop and maintain
National Highways. This bill contained provisions of not only imposition of taxes but also putting
its proceeds in Consolidated Fund and withdrawing the same from it for development of roads. It
has other detailed provisions on how it will be used, what will be duties of government etc. etc.
Thus, apart from being a money bill, it also has other provisions and thus called Financial Bill of
Category-I.
 A financial bill of category-I is considered same as Money Bill and introduced in the Lok Sabha
on the recommendation of the President.
10
6

 However once it has been passed by the Lok Sabha, it is like an ordinary Bill and there is no
restriction on the powers of the Rajya Sabha on such Bills. Rajya Sabha has powers to reject it.
 There is a provision of joint sitting in this case.
 A financial bill of category-II is one which although has provisions involving expenditure from
Consolidated Fund of India but does not have anything mentioned in article 110.
Example: “The High Court And Supreme Court Judges (Salaries And Conditions Of Service) Amendment
Act, 2018.
This bill has provisions that money has to be taken out of the Consolidated Fund to pay salary to
president but there is nothing in the bill as per provisions of article 110.
 Such a bill is ordinary in all respects and both Lok Sabha and Rajya Sabha enjoy equal powers in
this bill.
 However, only special feature of this bill is that recommendation of the President is essential
for consideration and passing of these Bills by either House. 20/01/2018

THANKYOU

The Parliament of India By Jatin Verma

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