Political Science Notes Part 11: Parliament and Parliamentary Committees for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 21: Parliament of India — Lok Sabha and Rajya Sabha

Introduction

The Parliament of India is the supreme legislative body, embodying the will of the people. It is responsible for law-making, executive oversight, budget approval, and constitutional amendments. As per Article 79, Parliament comprises the President, Lok Sabha (House of the People), and Rajya Sabha (Council of States). It serves as the cornerstone of India’s democracy, ensuring accountability and governance.

Structure of Parliament

• Components:
  • President: Integral to Parliament but not a member; summons, prorogues, dissolves Parliament, and assents to Bills.
  • Lok Sabha: Lower House, directly represents the people.
  • Rajya Sabha: Upper House, represents the States and Union Territories.
• Bicameralism:
  • Balances state and public interests.
  • Prevents hasty legislation through dual scrutiny.
  • Enhances deliberation and checks.

Composition of Lok Sabha

• Strength:
  • Maximum: 552 members (per Constitution).
  • Current (2024): 543 elected members (530 from States, 13 from Union Territories).
  • Note: 2 Anglo-Indian nominated seats abolished by 104th Amendment, 2020.
• Election Method:
  • Direct elections based on Universal Adult Franchise (Article 326): All citizens ≥18 years can vote.
  • First-Past-The-Post: Candidate with the highest votes wins, even without a majority.
• Term:
  • 5 years from the first sitting.
  • Can be dissolved earlier by the President.
  • Extendable by one year at a time during a National Emergency.
• Qualifications:
  • Citizen of India.
  • Minimum age: 25 years.
  • Must meet Parliament-prescribed qualifications.
  • No office of profit under government.

Composition of Rajya Sabha

• Strength:
  • Maximum: 250 members.
  • Current (2024): 245 members (233 elected, 12 nominated by President for expertise in art, literature, science, social service).
• Election Method:
  • Indirect elections by elected members of State Legislative Assemblies and Union Territory Legislatures (Delhi, Puducherry).
  • Proportional Representation by Single Transferable Vote.
  • Example: Uttar Pradesh (31 seats), Tamil Nadu (19 seats).
• Term:
  • Permanent House, not subject to dissolution.
  • One-third members retire every 2 years; new elections fill vacancies.
  • Each member serves 6 years.
• Qualifications:
  • Citizen of India.
  • Minimum age: 30 years.
  • Must meet Parliament-prescribed qualifications.

Presiding Officers

• Lok Sabha:
  • Speaker: Om Birla (2024).
  • Deputy Speaker: Vacant (requires election).
• Rajya Sabha:
  • Chairman: Vice-President of India, Jagdeep Dhankhar (2024).
  • Deputy Chairman: Harivansh Narayan Singh (2024).

Sessions of Parliament

• Frequency: Summoned by the President at least twice a year; maximum gap between sessions is 6 months.
• Types:
  • Budget Session: February–May (longest, includes Union Budget).
  • Monsoon Session: July–September.
  • Winter Session: November–December.

Powers and Functions of Parliament

1. Legislative Powers:
   • Makes laws on Union List and Concurrent List subjects.
   • Can legislate on State List during emergencies (Article 356).
2. Executive Control:
   • Oversees the Council of Ministers via:
     • Question Hour, Zero Hour.
     • No-confidence motions, adjournment motions.
3. Financial Powers:
   • Approves budget, taxes, and expenditure.
   • Money Bills introduced only in Lok Sabha; Rajya Sabha can suggest amendments (Article 110).
4. Constitutional Powers:
   • Amends the Constitution with a special majority (Article 368).
   • Ratifies amendments affecting states (e.g., GST).
5. Judicial Powers:
   • Impeaches President, Vice-President, Judges, CAG, and Election Commissioners.
6. Electoral Functions:
   • Participates in electing President (with State Legislatures) and Vice-President (both Houses).
7. Other Functions:
   • Approves Emergency Proclamations.
   • Creates/abolishes All-India Services (Article 312).
   • Alters state boundaries/names (Article 3).

Special Powers of Rajya Sabha

• Article 249: Enables Parliament to legislate on State List subjects with a 2/3rd majority resolution.
• Article 312: Initiates creation of All-India Services with a 2/3rd majority resolution.

Comparison: Lok Sabha vs. Rajya Sabha

Legislative Procedure

• Ordinary Bill:
  • Introduced in either House (except Money Bills).
  • Stages: First Reading (introduction), Second Reading (detailed scrutiny), Third Reading (final approval).
  • Sent to the other House for a similar process.
  • Requires President’s assent.
• Money Bill (Article 110):
  • Introduced only in Lok Sabha with President’s recommendation.
  • Rajya Sabha can suggest amendments but must return within 14 days.
  • Lok Sabha Speaker decides if a Bill is a Money Bill.
• Deadlock (Article 108):
  • For ordinary bills, if Houses disagree, the Joint Sitting is summoned by the President.
  • Presided by Lok Sabha Speaker.
  • Examples: Dowry Prohibition Bill (1961), Banking Service Commission Bill (1977).

Privileges of Parliament

• Freedom of Speech: Protected within Parliament.
• Freedom from Arrest: In civil cases, during sessions and ±40 days.
• Immunity: No court proceedings for parliamentary speeches.
• Punishment Power: Parliament can penalize members for breach of privilege.

Recent Developments

• Disruptions: Frequent interruptions reduce parliamentary productivity.
• Money Bill Misuse: Debates over bills like Aadhaar (2016) being classified as Money Bills.
• Committee Strengthening: Calls for more bills to be referred to committees.
• Deputy Speaker Vacancy: Ongoing demand to fill the post in Lok Sabha**.

Conclusion

The Parliament of India is the bedrock of democracy, ensuring representation, accountability, and governance. Its bicameral structure balances national and state interests, while its powers uphold constitutional integrity. As the quote states, “A strong Parliament means a strong democracy”, and efficient, independent functioning is vital for India’s democratic vitality.

Chapter 22: Parliamentary Committees

Introduction

Parliamentary Committees are critical for managing the Parliament’s heavy workload, enabling detailed scrutiny, executive oversight, and efficient legislation.. They function as “mini-Parliaments”, ensuring detailed analysis and accountability in governance. As the quote states, “Committees are the mini-Parliaments”, they enhance parliamentary effectiveness.

Constitutional Status

• Not explicitly mentioned in the Constitution (except Public Accounts Committee linked to **Article 148 via CAG)).
• Governed by Rules of Procedure and Conduct of Business in Parliament.
• Definition: A committee is appointed or elected by the House or nominated by the Speaker/Chairman, working under its direction**.

Classification

1. By Nature:
   • Standing Committees: Permanent, function year-round.
   • Ad Hoc Committees: Temporary, disbanded after completing their task.
2. By Subject:
   • Financial Committees: Public Accounts Committee, Estimates Committee, Committee on Public Undertakings.
   • Departmental Standing Committees: Cover ministries (e.g., Defence, Finance)).
   • Other Standing Committees: Rules, Privileges, Privileges, Ethics.
   • Ad Hoc Committees: Joint Parliamentary Committees (JPCs), Select Committees on Bills.

Standing Committees: Detailed Analysis

1. Financial Committees
   • Public Accounts Committee (PAC):
     • Established: 1921 (Montagu-Chelmsford Reforms)).
     • Strength: 22 members (15 Lok Sabha, 7 Rajya Sabha)).
     • Chairman: Traditionally from opposition party (since 1967)).
     • Role: Examines CAG reports, ensures proper use of parliamentary funds.
   • Estimates Committee:
     • Composition: Largest committee (30 Lok Sabha members only)).
     • Role: Suggests economies and efficiency improvements, focuses on future expenditure estimates.
     • Note: Does not audit past spending.
   • Committee on Public Undertakings ( (COPU):
     • Composition: 22 members (15 Lok Sabha, 7 Rajya Sabha)).
     • Role: Reviews Public Sector Undertakings (PSUs) performance and finances.
2. Departmentally Related Standing Committees ( (DRSCs):
   • Introduced: 1993.
   • Total: 23 (as of 2024, covering all ministries)).
   • Examples: Committees on Defence, Finance, Health, External Affairs.
   • Functions:
     • Scrutinize Demands for Grants..
     • Examine bills referred to them.
     • Monitor ministry performance..
     • Suggest long-term policies..
3. Other Standing Committees:
   • Rules Committee: Frames parliamentary procedures.
   • Privileges Committee: Addresses breach of privilege cases.
   • Ethics Committee: Handles MPs’ conduct complaints.
   • Committee on Petitions: Reviews public petitions.

Ad Hoc Committees

• Purpose: Created for specific tasks, disbanded after completion.
• Types:
  • Inquiry Committees: E.g., JPC on Bofors Scandal, 2G Spectrum (2011)..
  • Select Committees: Examine specific bills (e.g., Citizenship Amendment Bill, 2019).

Powers and Functions

• Bill Scrutiny: Detailed examination before legislation.
• Budget Oversight: Monitors allocations and spending.
• Executive Accountability: Checks misuse of power by ministries.
• Policy Improvement: Enhances legislative quality.
• Transparency: Promotes informed public debate.

Advantages

• Detailed Scrutiny: Small groups allow in-depth analysis.
• Time-Saving: Reduces Parliament’s workload.
• Expert Input: Consults specialists for informed decisions.
• Bipartisanship: Includes all parties for balanced views.
• Transparency: Public reports enhance accountability.

Limitations

• Advisory Role: Recommendations are not binding.
• Government Ignorance: Reports may be overlooked.
• Politicization: Party biases can hinder objectivity.
• Low Visibility: Limited media coverage reduces public pressure.

Recent Developments

• Increased Scrutiny Demands: Calls for more bills to be referred to committees (e.g., farm laws 2020 bypassed scrutiny)).
• Financial Accountability Concerns: Reduced sittings impact oversight.
• Strengthening Proposals: Enhance committee authority and public engagement.

Comparison: Public Accounts Committee vs. Estimates Committee

Conclusion

Parliamentary Committees are the spine of legislative efficiency, ensuring scrutiny, accountability, and transparency. By functioning as mini-Parliaments, they strengthen India’s democratic framework. As the quote states, “A strong Committee system is the spine of legislative efficiency”, their robust operation is vital for effective governance.