BPSE - 212

3rd Part

Q. The parliamentary government is more a responsible govt than a stable government. Explain.

A. Though ideally, any democratic executive must satisfy the conditions of stability and responsibility in practical circumstances, a balancing of both has been difficult. A non-parliamentary government is not dictated by parliament as it is not dependent on a parliamentary majority for continuing in office or for its survival. By assuring a fixed tenure, a non-parliamentary system tends to value stability rather than responsibility. The government’s dependence on parliamentary majority makes it responsible for its functions as the majority is crucial for govt survival. In our parliamentary democracy, the parliament plays a vital and

deliberative role as a forum for national debate. It keeps a check upon governmental authority and functions, a kind of watchdog. The individual members of parliament and the opposition during question hour, amendment processes and general debates, have repeatedly demonstrated the importance of the parliament.

Furthermore, the restraint upon government activities and policies is maintained through the introduction of no-confidence motions, cut motions, adjournment motions and calling attention. Thus, a popular authority of the parliament in our political system is reinforced both through the continuous and periodic assessment

of governmental functioning. It is continuously assessed by the members of the parliament and periodically by the people during general elections. This is completely different from the presidential systems where this assessment is only periodic and the tenure of the executive is fixed thus making the legislature literally ineffective during normal times. The parliament plays a deliberative role as a forum for national debate. This itself checks governmental authority as it is accountable to the parliament for its actions

which is checked by different parliamentary devices. This ensures a responsible govt, though not necessarily a stable government. Thus we can say that the parliamentary government is more a responsible government than a stable government.

Q. What are the two factors that establish constitutional supremacy rather than parliamentary supremacy in India?

A. The parliamentary structure has also been replicated at the level of the states. Both the Center and the state derive their power from the same constitution and are also limited by it. The parliament respects the autonomy of states and the federal spirit which is vital for the unity of the Union. Therefore at the level of the states, the parliamentary spirit is pursued in choosing their leaders and administering government activities. By the adoption of the parliamentary system at the state level, the legislative powers of the parliament are limited. Since the federal and the state governments have separate law-making the authority that derives it is from the constitution, the Indian situation is characterized by constitutional supremacy rather than parliamentary supremacy. The supremacy of the constitution is further reinforced by the constitutional provision of guaranteeing fundamental rights and empowering the judiciary with the power to act as a custodian of these rights.

Q. What are the special powers of Rajya Sabha.

A.  Rajya Sabha is an important part of Indian democracy. The Constitution grants certain special powers to the Rajya Sabha. As the sole representative of the States, the Rajya Sabha enjoys two exclusive powers which are of considerable importance. Firstly under Article 249, the Rajya Sabha has the power to declare that in the national interest the Parliament should make laws with respect to a specific matter enumerated in the State List. If by a two-thirds majority, Rajya Sabha passes a resolution to this effect, the Union Parliament can make laws for the whole or any part of India for a period of one year.

           The second exclusive power of the Rajya Sabha given by the constitution is with regard to the setting up of All-India Services. If the Rajya Sabha passes a resolution by not less than two-thirds of the members present and voting, the Parliament is empowered to make laws providing for the creation of one or more.  All-India Services are common to the Union and the States. Thus, these special provisions make the Rajya Sabha an important component of Indian Legislature rather than just being an ornamental second chamber like the House of Lords of England.

       The constitution-makers have designed the Rajya Sabha not just to check any hasty legislation brought in the Lok Sabha, but also to play the role of an important influential advisor. Its compact composition and permanent character provide continuity and stability. As many of its members are "elder statesmen" the Rajya Sabha commands respect. Rajya Sabha is a continuing chamber as it is a permanent body not subject to dissolution. One-third of its members retire at the end of every two years and elections are held for the vacant positions. A member of Rajya Sabha has a six-year term unless he resigns or is disqualified.

Q. What are the qualifications and disqualification for a member of the Indian Parliament?

A. To be a member of the Lok Sabha, a person should be an Indian citizen, must have completed 25 years of age at the time of contesting elections. One must possess all other qualifications that are prescribed by the law of the Parliament. The candidate seeking election to the Lok Sabha can contest from any parliamentary

constituency from any of the States in India. The Constitution has laid down certain disqualifications for membership. No person can be a member of both Houses of Parliament or member both of

Parliament and of a State legislature. The candidate may contest from several seats, but if elected from more than one, he has to vacate all except one according to his choice. If a person is elected both to the State legislature and the Parliament and if he does not resign from the State legislature within the specified time period, he will forfeit his seat in Parliament.

A member should not hold any office of profit under the Central or State government except those that are exempted by a law of Parliament. He should not have been declared as an insolvent or of unsound mind by a competent court. A member also gets disqualified when he remains absent from the meetings of the

House for a period of sixty days without prior permission. A member is automatically disqualified when he voluntarily acquires the citizenship of another country. He is also disqualified if he is under any acknowledgment of allegiance to a foreign state. These are some of the reasons for the disqualification of membership of a person from membership of any house of the parliament.

Q. What are the powers of the Lok speaker.

A. The position of the Speaker of the Lok Sabha is more or less similar to the Speaker of the English House of Commons. The office of the Speaker is a symbol of high dignity and authority. Once elected to the office, the speaker severs his party affiliation and starts functioning in an impartial manner. He acts as the guardian of the rights and privileges of the members of the house.

The Speaker is conferred with a number of powers to ensure the orderly and efficient conduct of the business of the House. He conducts the proceedings of the house, maintains order and decorum in the house. The speaker decides points of order, interprets and applies rules of the house. The Speaker’s decision is final in all such matters.

       The Speaker certifies whether a bill is money bill or not and his decision is final. The Speaker authenticates that the house has passed the bill before it is presented to the other house or the President of India for his assent. The Speaker in consultation with the leader of the house determines the order of business. He decides on the admissibility of questions, motions, and resolutions. The Speaker will not vote in the first instance but can exercise a casting vote in case of a tie. The Speaker appoints the chairpersons of all the Committees of the house and exercises control over the Secretarial staff of the house.

Q. Describe the legislative procedure to enact the law

A. The first stage of legislation is the introduction of a bill that includes the proposed law and is accompanied by the "Statement of Objects and Reasons". The introduction of the bill is also called the first reading of the bill. 

There are two types of bills: ordinary bills and money bills. A bill other than money or financial bill may be introduced in either House of Parliament and requires passage in both the Houses

before it can be presented for the President's assent. A bill may be introduced either by a Minister or a private member. Every bill that is introduced in the House has to be published in the Gazette. Normally, there is no debate at the time of the introduction of a bill. The member who introduces the bill may make a brief statement indicating broadly the aims and objects of the bill. If the bill is opposed at this stage, one of the members opposing the bill may be permitted to give his reasons. After this, the question is put to vote. If the House is in favor of the introduction of the bill, then it goes to the next stage.

       In the second stage, there are four alternative courses. After its introduction, a bill (I) may be taken into consideration; (II) may be referred to a Select Committee of the House; (III) may be referred to a Joint Committee of both the Houses; (IV) may be circulated for the purpose of soliciting public opinion. While the first three options are generally adopted in case of routine legislation, the last option is resorted to only when the proposed legislation is likely to arouse public controversy and agitation. The day one of these motions is carried out, the principles of the bill and its general

provisions may be discussed. If the bill is taken into consideration, Amendments to the bill and clause by clause consideration of the provisions of the bill are undertaken.

           If the bill is referred to the Select Committee of the House, it considers the bill and submits its report to the House. Then the clauses of the bill are open to consideration and amendments are admissible. This is the most time-consuming stage. Once the

clause by clause consideration is over and every clause is voted, the second reading of the bill comes to an end.

     In the third stage, the member in charge moves that "the bill be passed". At the third reading, the progress of the bill is quick as normally only verbal or purely formal amendments are moved and discussion is very brief. Once all the amendments are disposed of, the bill is finally passed in the House where it was introduced.

Thereafter, it is transmitted to the other House for its consideration.

When the bill comes up for consideration by the other House, it has to undergo all the stages as in the originating House. 

There are three options before the House (I) it may finally pass the bill as sent by the originating House; (II) it may reject the bill

altogether or amend it and return to the originating House;

(III) it may not take any action on the bill and if more than six months pass after the date of receipt of the bill, this means rejection. The originating House now considers the returned bill in the light of the amendments. If it accepts these amendments, it sends a message to the other House to this effect. If it does not accept these amendments, then the bill is returned to the other House with a message to that effect. In case both the Houses do not come to an agreement, the President convenes a joint-sitting of the two Houses. The disputed provision is finally adopted or rejected by a simple majority of the vote of those who are present and voting.

              A bill that is finally passed by both the Houses is presented with the signature of the Speaker to the President for his assent. This is normally the last stage. If the President gives the assent, the bill becomes an Act and is placed in the Statute Book. If the President withholds his assent, there is an end to the bill. The President may also, return the bill for the reconsideration of the Houses with a message requesting them to reconsider it. If, however, the Houses pass the bill again with or without amendments and the bill is presented to the President for his assent for the second time, the President has no power to withhold his assent. Thus, law-making is a long, cumbersome and time-consuming process; it becomes difficult to pass a bill within a short time. Proper drafting of the bill saves time and skillful soliciting of opposition support makes the task easier.

Q. Define Money Bill.

A. Any bill which relates to revenue and expenditure is called a financial bill. But the financial bill is not a money bill. Article 110 states that no bill is a money bill unless it is certified by the Speaker of the Lok Sabha. A money bill cannot be introduced in the Rajya Sabha. Once a money bill is passed by the Lok Sabha, it is transmitted to the Rajya Sabha. The Rajya Sabha cannot reject a money bill. It must, within a period of fourteen days from the date of receipt of the bill, return the bill to the Lok Sabha with any recommendation. It is the prerogative of the Lok Sabha to either accept or reject all or any of the recommendations. If the Lok Sabha accepts any of the recommendations, the money bill is deemed to have been passed by both Houses. Even if the Lok Sabha does not accept any of the recommendations, the money bill is deemed to have been passed by both the Houses without any

amendments. If a money bill passed by the Lok Sabha and transmitted to the Rajya Sabha for its recommendations is not returned to it within fourteen days, it is deemed to have been passed by both the Houses at the expiry of the said period in the original form.

Q. What are the PARLIAMENTARY DEVICES TO CONTROL THE EXECUTIVE

A. A number of mechanisms are available to control the executive they are-

1) Question Hour - Every sitting in the parliament begins with the Question Hour, which is available for asking and answering questions. Asking of questions is an inherent parliamentary right of all the members, irrespective of their party affiliations. The real objective of the member is asking the question is to point out the shortcomings of the administration and to ascertain the thinking of the government in formulating its policy. In cases where the policy already exists, in making suitable modifications in that policy. In case the answer given to a question does not satisfy the member who raised it and if he feels the need for detailed ‘explanation in public interest’ he may request the presiding officer for a discussion. The presiding officer can allow discussion, usually in the last half an hour of a sitting.

2) Adjournment Motion - Members can, with the prior permission of the presiding officer, call the attention of a Minister to any matter of public importance and thus request the Minister to make a statement on the subject. The Minister may either make a brief statement immediately or may ask for time to make the statement at a later hour or date. Members can take the government to task for a recent act of omission or commission having serious consequences by resorting to adjournment motion. This motion is intended to draw the attention of the house to a recent matter of urgent public importance having serious consequences for the country. Since the matter is urgent and serious, a normal procedure of motion or a resolution can take time and hence the members resort to adjournment motion. Adjournment motion is an extraordinary procedure which, if admitted, leads to setting aside the normal

business of the house for discussing a definite matter of public importance. Adoption of an adjournment motion amounts to the censure of the government. Besides these devices, Parliament exercises control over the executive through various house committees.

3) Parliamentary Committees - Parliament establishes a series of committees with necessary powers to scrutinize the working of the different departments of the government. Among the important Committees, which scrutinize the government's works two committees need special mention: Public Accounts Committee and

Estimates Committee which look into the area of public finances

These and other Committees are expected to keep the executive on its toes. They ensure an effective and comprehensive examination of all the proposed policies. Often these parliamentary Committees provide an ideal place for discussing controversial and sensitive matters in a non-partisan manner, away from the glare of publicity. They provide a useful forum for the utilization of experience and ability that may otherwise remain untapped. They also constitute a valuable training ground for future ministers & presiding officers. In our parliamentary democracy, the parliament plays a vital and deliberative role as a forum for national debate. It keeps a check upon governmental authority and functions, a kind of watchdog. The individual members of parliament and the opposition during question hour, amendment processes and general

debates, have repeatedly demonstrated the importance of the parliament. Furthermore, the restraint upon government activities and policies is maintained through the introduction of no-confidence motions, cut motions, adjournment motions and calling attention. Thus, a popular authority of the parliament in our

political system is reinforced both through the continuous and periodic assessment of governmental functioning. It is continuously assessed by the members of the parliament and periodically by the people during general elections.