Legislature: Important Concept Encapsulated

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Legislature

PARLIAMENT

The institution of Parliament is central to a parliamentary form of government.

Art 79 to 122 in Part V of the Constitution deal with the organization, composition, duration, officers, procedures, privileges, powers and so on of the Parliament.

Art. 79 provides for a Parliament consisting of the President, Lok Sabha and Rajya Sabha.

The RAJYA SABHA (RS) represents the states and union territories of the Indian Union, while the LOK SABHA (LS) represents the people of India as a whole.

The President of India is not a member of either House of Parliament and does not sit in the Parliament to attend its meetings.

He is an integral part of the Parliament. This is because a bill passed by both the Houses of Parliament cannot become law without the President’s assent.

The president summons and pro- rogues both the Houses, dissolves the Lok Sabha, addresses both the Houses, and issues ordinances when they are not in session etc.

Key Highlights

Functions of Parliament

a) Law making functions

b) Providing the Cabinet: It is the Parliament which provides the cabinet. No person can continue to be a minister for more than six months unless he is member of either House of the Parliament.

c) Control over the Cabinet: It is one of the more important functions and duties of the Lok Sabha to ensure that the ministry remains in power only as long as it has the support of the majority in that house [Art.75(3)].

d) Daily Answerability: In the Parliamentary system of Government the ministers have to answer questions, reply to calling attention motions, move legislation and justify Government’s actions in both Houses of Parliament.

e) Financial Control: An important function of Parliament is to exercise financial control over the government. Parliament also monitors spending of government money through its own committee called Parliamentary Accounts Committee (PAC).

f) A Platform for discussion on National Issues: Parliament provides the single largest platform for discussion of all important national and public issues and thereby it creates public opinion on these issues.

Qualifications and disqualifications for being a Member of Parliament

To be qualified to become a Member of Parliament a person must be:

a) A citizen of India;
b) Not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years in the case of the Lok Sabha
c) A voter for any parliamentary constituency in India, but in the case of the Rajya Sabha a candidate must be registered as an elector in the State or Union Territory from where he is to be chosen.

There are, however, certain disqualifications for becoming a member. A person would be ineligible for being a member of either House of Parliament if the person:

a) Holds any office of profit under the government other than an office declared by Parliament by law not to disqualify its holder
b) Is of unsound mind;
c) Has ceased to be a citizen of India;
d) Is so disqualified by any law made by Parliament;
e) Is so disqualified on the ground of defection.
f) If a person has been convicted, among other things, for promoting enmity between different groups or convicted for the offence of bribery or has been punished for preaching and practicing social crimes such as untouchability, dowry, or sati, then he is disqualified from being chosen as a member.
g) There are also disqualifications for a government servant dismissed for corruption.

RAJYA SABHA

Composition

a) The Rajya Sabha is the permanent upper House and not subject to dissolution.
b) It is composed of not more than 250 members.
c) Out of these 238 are to be the representatives of the State and the Union Territories and 12 are to be nominated by the President.
d) Persons to be so nominated are required to have special knowledge or practical experience in respect of literature, science, art or social service.
e) The object of this nomination is to provide distinguished persons a place in the Rajya Sabha without going through the process of election.

Election – The representatives of the States are elected indirectly by the elected members of State Legislative Assemblies in accordance with the system of proportional representation by means of a single transferable vote.

LOK SABHA

Composition

a) The maximum strength of Lok Sabha is 552 of which 530 are elected from the states, 20 from union territories and 2 are nominated from the Anglo-Indian community.
b) The Constitution prescribes the numbers of seats in the Lok Sabha to be divided between the States and the Union territories.
c) The allocation of seats in the Lok Sabha to a particular state and division of each state into territorial constituency is done on the recommendation of the Delimitation Commission (Art. 82), which is appointed after the completion of each census.
d) By 42nd Amendment Act, 1976 the allocation and division had been frozen till the year 2000.
e) By 87th Amendment Act, 2003 it has been laid down that the allocation of seats to a State shall remain frozen till 2026.
f) The division of the State into territorial constituencies shall be done on the basis of the census figures of 2001 census.

The State Legislature

Articles 168 to 212 in Part VI of the Constitution deal with the State Legislatures’

Organization of State Legislature

a) The state legislature consists of the Governor and one or two houses.
b) The Constitution under Article 168 provides that in some States there shall be two houses known as Legislative Council (Upper House) and Legislative Assembly (Lower House).
c) There is no uniformity in the organization of state legislatures.
d) Most of the states have a unicameral system, while others have a bicameral system.
e) At present, only seven states have two Houses (bicameral). These are Andhra Pradesh, Uttar Pradesh, Bihar, Maharashtra, Karnataka , Jammu and Kashmir and Telangana The twenty-four states have unicameral system. Here, the state legislature consists of the governor and the legislative assembly.
f) In the states having bicameral system, the state legislature consists of the governor, the legislative council and the legislative assembly. The legislative council (Vidhan Parishad) is the upper house (second chamber or house of elders), while the legislative assembly (Vidhan Sabha) is the lower house (first chamber or popular house).

LEGISLATIVE ASSEMBLY

Composition (Art.170)

a) The Legislative Assembly consists of not more than 500 and not less than 60 members chosen by direct election form territorial constituencies in the state on the basis of universal adult franchise.
b) Maximum strength is fixed at 500 and minimum strength at 60, in case of Arunachal Pradesh, Sikkim and Goa, the minimum number is fixed at 30 and in case of Mizoram and Nagaland, it is 40 and 46 respectively, some members of the legislative assemblies in Sikkim and Nagaland are also elected indirectly
c) For the purpose of election, each state shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it, as far as practicable, be the same throughout the State.
d) At the end of each decennial Census, the constituencies will be recasted to make the necessary adjustments to meet the variation in population.
e) There is, however, a provision for safeguarding the interests of Scheduled Castes, Scheduled Tribes and Anglo Indian community. Therefore, some constituencies are reserved for Scheduled Caste and Scheduled Tribe.

Nominated Member

a) Constitution also empowers the Governor that when he feels that the Anglo-Indian community has not been given proper representation, he can nominate a fixed number of members belonging to that community to the State Assembly.
b) Governor nominate one member from the Anglo-Indian community.

Qualifications

a) He is a citizen of India;
b) He must be 25 years old;
c) He posses such other qualification as may be prescribed in that behalf by or under any law made by Parliament;

Duration

a) Every Legislative Assembly has a five years term from the date appointed for its first meeting unless dissolved earlier.
b) The Assembly stands automatically dissolved after five years.
c) The period of five years, may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time, and not extending in any case beyond a period of six months after the proclamation has ceased to operate.

Powers and Functions

a) It can make laws on any subject provided in the State List. It can also make a law on a subject of the Concurrent List in case; it is not in conflict with a law already made by the Parliament.
b) It has control over the State Council of Ministers – Its members may ask questions to the minister, introduce resolutions or motions, and may pass a vote of censure to dismiss the government. The Ministry is collectively responsible to the Assembly. It controls the finances of the state.
c) It has constituent powers. According to Article 368, a bill of constitutional amendment first passed by the Parliament shall be referred to the states for ratification. It is here that the Assembly has its role to play.
d) It is also provided that the President shall refer to the Assembly of the concerned state a bill desiring alteration in its territory for eliciting its views in this regard before he recommends that such a bill be introduced in the Parliament.
e) The Assembly also elects its own Speaker and Deputy Speaker and may remove them by a vote of no confidence.
f) It takes part in the election of the President of India.
g) It considers reports submitted by various independent agencies like the State Public Service Commission, Auditor-General, and others.

Parliament’s Control over State Legislature

There are many restrictions on the powers of the state legislature, which make them subservient to the will of the Parliament. The restriction on the powers of the state legislatures are as follows:-

a) State legislatures can neither legislate on an item of the Union List nor a residuary subject.
b) Though it can enact laws on a subject mentioned in the Concurrent List, it is Central law, which shall prevail and to the extent to which the state law is violative of Central law it will be constitutional.
c) Article 249 provides that Rajya Sabha may pass a special resolution by two thirds majority of members, present and voting, to transfer any item from the State List to the Union or Concurrent Lists for the period of one year on the plea that it is expedient in the national interest.
d) There are some categories that require that a bill passed by the state legislature shall be reserved by the Governor for the consideration of the President
e) The state legislatures cannot override the veto of the President.
f) There are some kinds of bills that cannot be introduced in the state legislatures without the prior permission of the President. Bills seeking to impose restrictions on trade, commerce or intercourse with other States or within the State fall within this category.
g) The President is empowered to declare a state of emergency in the country without consulting the states. But once such an emergency has been declared, the Parliament is empowered to legislate on the subject mentioned in the State List.

LEGISLATIVE COUNCIL

Abolition or creation of Legislative Councils (Art.169)

a) Article 169 states that Parliament may by law provide for the abolition of the Legislative Council or for the creation of such a Council in a State, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
b) However, no such law shall be deemed to be an amendment of this Constitution for the purpose of article 368.

Composition (Art. 171)

a) The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that state.
b) The total number of members in the Legislative Council shall in no case be less than 40, unless Parliament by law otherwise provides.

Qualifications

a) He should be a citizen of India
b) He must have completed the age of 30 years
c) Possess such other qualifications as may be prescribed by the Parliament from time to time
d) Person holding office of profit under the Union or the State Government and persons convicted by the Court of election malpractices or other crimes are also not eligible for membership of the Legislative Council.

Elections

Of the total number of members of the Legislative Council of a State-

a) As nearly as, 1/3 shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify.
b) As nearly as, 1/12 shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any University in the territory of India or have been for at least three years in possession of qualifications as equivalent to that of a graduate of such University,
c) As nearly as, 1/12 shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the state not lower in standard than that of Secondary School.
d) As nearly as, 1/3 shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not member of the Assembly;
e) The remainder shall be nominated by the Governor from among persons having special knowledge or practical experience in respect of matters such as literature, science, art, co-operative movement and social service.

Terms of Office

a) No person can be a member of both Houses of the State Legislature at the same time.
b) The Legislative Council is a permanent body, not subject to dissolution. One-third of its members retire every two years, after completing the term of six years. The quorum of the Council is one tenth of the total strength or 10 members, whichever is greater.

Powers and Functions

a) As regards with its powers, the Legislative Council plays a more advisory role.
b) Over legislative matters it has only a suspensive veto for a maximum period of 4 months.
c) Over financial matters, its powers are not absolute.
d) A Money Bill originates only in the Assembly and the Council may detain it only for a period of 14 days.
e) As similar to the case of the Parliament at the Centre, there is no provision for a joint sitting of both the Houses of the States Legislature to resolve a deadlock between them, over legislative matters, if any.
f) Thus, the Legislative Council is only a subordinate component of the Legislature.

Duration of Two Houses

a) Duration of Assembly

(i) Normal term is five years

(ii) The governor is authorized to dissolve the assembly at any time (i.e., even before the completion of five years) to pave the way for fresh elections.

(iii) The term of the assembly can be extended during the period of national emergency by a law of Parliament for one year at a time (for any length of time) cannot continue beyond a period of six months after the emergency has ceased to operate

b) Duration of Council

(i) It is a permanent body and is not subject to dissolution

(ii) One-third of its members retire on the expiration of every second year

(iii) A member continues as such for six year

(iv) Vacant seats are filled up by fresh elections and nominations (by governor) at the beginning of every third year

(v) Retiring members are also eligible for re-election and re-nomination any number of times

Vacation of Seats

a) Double Membership: A person cannot be a member of both Houses of state legislature at one and the same time. If a person is elected to both the Houses, his seat in one of the Houses falls vacant as per the provisions of a law made by the state legislature.

b) Disqualification: If a member of the state legislature becomes subject to any of the disqualifications, his seat becomes vacant.

c) Resignation: A member may resign his seat by writing to the Chairman of legislative council or Speaker of legislative assembly, as the case may be. The seat falls vacant when the resignation is accepted 11.

d) Absence: A House of the state legislature can declare the seat of a member vacant if he absents himself from all its meeting for a period of sixty days without its permission.

e) Other Cases: A member has to vacate his seat in the either House of state legislature,

(i) if his election is declared void by the court if he is expelled by the House,

(ii) if he is elected to the office of president or office of vice-president, and

(iii) if he is appointed to the office of governor of a state

For the purpose of examination, it is very important that a smart student should compare and contrast the provisions related to State and Centre Legislature. The table given below is just an example of how the properly and systematically articles of constitution have been put together.

“From Art. 79, till 108, generally one has to add 89 to get counterpart provision related to State Legislature”

Parliament		State Legislature
General
79.	Constitution of Parliament.	168	Constitution of State Legislature
80.	Composition of Council Of State.	171	Composition of Legislative Council.
	No Comparative Provision	169.	Abolition or Creation of Legislative Council of State
81.	Composition of House of People	170.	Composition of Legislative Assembly
82.	Readjustment after each census		No Comparative Provision
83.	Duration of House of Parliament	172.	Duration of State Legislature.
84.	Qualification for membership of Parliament.	173.	Qualification for membership of State Legislature.
85.	Session of Parliament, prorogation and dissolution	174.	Session of State Legislature, prorogation and dissolution.
86.	Right of President to address and send messages to Houses.	175.	Right of Governor to address and send messages to the House or Houses
87.	Special address by the President.	176.	Special address by the Governor.
88.	Rights of Ministers and Attorney General as respects Houses	177.	Rights of Ministers and Advocate General as respects the Houses.
Officers of Parliament/State Legislature
89.	The Chairman and Deputy Chairman of the Council of States.	182.	The Chairman and Deputy Chairman of the Legislative Council.

90.	Vacation and resignation of, and removal from, the office of Deputy Chairman.	183	Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
91.	Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.	184	Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
92.	The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.	185	The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
93.	The Speaker and Deputy Speaker of the House of the People.	178	The Speaker and Deputy Speaker of the Legislative Assembly
94.	Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.	179	Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
95.	Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker	180	Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
96.	The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.	185.	The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
97.	Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.	186.	Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
98.	Secretariat of Parliament.	187.	Secretariat of State Legislature.
Conduct of Business
99.	Oath or affirmation by members.	188.	Oath or affirmation by members.
100.	Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.	189.	Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
101.	Vacation of seats	190.	Vacation of seats
Disqualifications of Members
102.	Disqualifications for membership	191.	Disqualifications for membership
103.	Decision on questions as to disqualifications of members.	192.	Decision on questions as to disqualifications of members.
104.	Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.	193.	Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.
Powers, Privileges and Immunities of Parliament/State Legislatures and their Members
105.	Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof	194.	Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.
106.	Salaries and allowances of members.	195.	Salaries and allowances of members.
Legislative Procedure
107.	Provisions as to introduction and passing of Bills.	196.	Provisions as to introduction and passing of Bills.
108.	Joint sitting of both Houses in certain cases.		No Comparative Provision meaning thereby that there cannot be joint sitting of both Houses of State Legislature
	No Comparative Provision	197.	Restriction on powers of Legislative Council as to Bills other than Money Bills.
109.	Special procedure in respect of Money Bills.	198.	Special procedure in respect of Money Bills.
110.	Definition of “Money Bills”.	199.	Definition of “Money Bills”.
111.	Assent to Bills.	200.	Assent to Bills.
		201.	Bills reserved for consideration.
“From Art. 112, till 122, one has to add 90 to get counterpart provision related to State Legislature “ Procedure in Financial Matters
112.	Annual financial statement.	202.	Annual financial statement.
113.	Procedure in Parliament with respect to estimates.	203.	Procedure in Legislature with respect to estimates
114.	Appropriation Bills.	204.	Appropriation Bills.
115.	Supplementary, additional or excess grants.	205.	Supplementary, additional or excess grants.
116.	Votes on account, votes of credit and exceptional grants.	206.	Votes on account, votes of credit and exceptional grants.
117.	Special provisions as to financial Bills.	207.	Special provisions as to financial Bills.
118.	Rules of procedure.	208.	Rules of procedure.
119.	Regulation by law of procedure in Parliament in relation to financial business.	209.	Regulation by law of procedure in the Legislature of the State in relation to financial business.
120.	Language to be used in Parliament.	210.	Language to be used in the Legislature.
121.	Restriction on discussion in Parliament.	211.	Restriction on discussion in the Legislature.
122.	Courts not to inquire into proceedings of Parliament.	212.	Courts not to inquire into proceedings of the Legislature.

In this part, mostly the questions are asked on the content of article rather about what is there in which article.

Art. 79 and 168 Composition of Parliament and State Legislature

Art. 79	Art. 168
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.	(1)	For every State there shall be a Legislature which shall consist of the Governor, and
		(a)	in the States of Andhra Pradesh, Bihar, Madhya Pradesh, Maharashtra, Karnataka, Tamil Nadu, Telangana and Uttar Pradesh, two Houses;
		(b)	in other States, one House
	(2)	Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.

Parliament and State Legislature, both of these have 3 components namely the 2 Houses and President/Governor as the case may be.

Art. 80 and 171 Composition of Council Of State and Legislative Council.

		Art. 80 Composition of the Council of States.			Art. 171 Composition of the Legislative Councils.
Members	Nominated	(1)(a)		12 members are by President.	(3)(e)	the remainder shall be nominated by the Governor in accordance with the provisions of clause (5).
	Criteria for nomination of members by President/ Governor.	(3)		persons having special knowledge or practical experience in respect of such matters as the following, namely:— Literature, science, art and social service.	(5)	having special knowledge or practical experience in respect of such matters as the following, namely:— Literature, science, art, co-operative movement and social service.
	Representative	(1)(b)		Maximum 238 representatives of the States and of the Union territories	(3)(a)	1/3 shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities.
					(3)(b)	1/12 shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;
					(3)(c)	1/12 shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;
					(3)(d)	1/3 shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly.
	Maximum			250 members	(1)	1/3 of the total number of members in the Legislative Assembly of that State.
	Minimum			No such requirement.	(1) proviso	Not less than 40
How members will be elected?			(4)	By the system of proportional representation by means of the single transferable vote.	(4)	By the system of proportional representation by means of the single transferable vote.

Question

1. The total number of members in the Legislative Council of a State having such a Council shall not exceed:
one-third of the total number of members in the Legislative Assembly of that State.
two-third of the total number of members in the Legislative Assembly of that State.
one-half of the total number of members in the Legislative Assembly of that State.
the total number of members in the Legislative Assembly of that State.

Art. 81 and 170 Composition of House of People/ Legislative Assembly

		Art. 81 Composition of the House of the People.		Art. 170 Composition of the Legislative Assemblies.
Members	Elected (maximum)	(1)(a)	not more than 530 from State by direct election.	(1)	not more than 500 from State by direct election.
	Elected (maximum)	(1)(b)	not more than 20 to represent the Union territories	(1)	not more than 500 from State by direct election.
	Elected (minimum)		No such provision	(1)	not less than sixty
	Nominated	( 1) read with Art. 331	Maximum 2 members from Anglo-Indian Community	(1) read with Art 333	Maximum 1 member from Anglo-Indian Community
Census which is the basis for number of seats to be determined.			1971 census		1991 census
Readjustment of territorial constituencies shall be done on basis of census report to be published after			2026 census		2026 census

Art. 169 Abolition or Creation of Legislative Council of State

Parliament may by ordinary law abolish Legislative Council of State or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than 2/3 of the members of the Assembly present and voting

Art. 83 and 172 Duration of House of Parliament/ State Legislature.

	Art. 83 Duration of House of Parliament		Art. 172 Duration of House of State Legislature
Duration of Upper House of Parliament/ State Legislature as the case may be	(1)	Unlimited and not subject to dissolution	(2)	Unlimited and not subject to dissolution
Term of membership in Upper House of Parliament/ State Legislature as the case may be	(1)	6 years as one-third of the members thereof shall retire as soon as may be on the expiration of every second year	(2)	6 years as one-third of the members thereof shall retire as soon as may be on the expiration of every second year
Term of members of Lower House in Parliament/ State Legislature as the case may be	(2)	5 years from the date appointed for its first meeting	(1)	5 years from the date appointed for its first meeting
Maximum time period for which the term of members of Lower House may be extended during period of emergency	(2) proviso	not exceeding 1 year at a time and not extending in any case beyond a period of 6 months after the Proclamation has ceased to operate.	(1) proviso	not exceeding 1 year at a time and not extending in any case beyond a period of 6 months after the Proclamation has ceased to operate.

Art. 84 and 173 Qualification for membership of Parliament/State Legislature.

	Art. 84 Qualification for membership of Parliament		Art. 173 Qualification for membership of State Legislature
Citizenship	(a)	is a citizen of India	(a)	is a citizen of India
Minimum Age for Upper House.	(b)	30 years	(b)	30 years
Minimum Age for Lower House.	(b)	25 years	(b)	25 years
Other qualifications	(c)	As Parliament may prescribe by law	(c)	As Parliament may prescribe by law

Art 85 and 174 Session of Parliament/State Legislature, prorogation and dissolution.

	Art 85 Session of Parliament, prorogation and dissolution		Art 174 Session of State Legislature, prorogation and dissolution
Who summon either House of Parliament/ State Legislature	(1)	The President at such time and place as he thinks fit.	(1)	The Governor at such time and place as he thinks fit.
Time that shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.	(1)	6 months	(1)	6 months
Power to prorogue either House	(2)(a)	President	(2)(a)	Governor
Power to dissolve Lower House	(2)(b)	President	(2)(b)	Governor

Art. 86, 87, 175 and 176 Right of President/ Governor to address including special and send messages to House(s).

	Right of President to address including special address and send messages to House(s).		Right of Governor to address including special address and send messages to House(s).
Who has got right to address and send messages to either House	86 (1) & (2)	President	175 (1) & (2)	Governor
Who address the first session after each general election to the Lower House and at the commencement of the first session of each year.	87(1)	President	176(1)	Governor

Art. 88 and 177 Rights of Ministers and Attorney General/Advocate General as respects Houses

	Art. 88 Rights of Ministers and Attorney General as respects Houses	Art. 177 Rights of Ministers and Advocate General as respects Houses
Who has got right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament/State Legislature of which he may be named a member, but shall not by virtue of this article be entitled to vote.	Ministers and Attorney General	Ministers and Advocate General

Art. 89 and 182 The Chairman and Deputy Chairman of the Council of States/ Legislative Council.

	Art. 89 The Chairman and Deputy Chairman of the Council of States	Art.182 The Chairman and Deputy Chairman of the Legislative Council.
Who shall be the Chairman?	Vice-President shall be ex officio Chairman of the Council of States.	He is among the member of Council.
Who shall be the Deputy Chairman?	The Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman.	He is among the member of Council.

Art. 90 and 183 Vacation and resignation of, and removal from, the office of Chairman and Deputy Chairman

[editor’s note: There may be a question that why the word Chairman is missing from Art.90? Reason being but obvious that Chairman of Upper House of Parliament is Vice President and provision dealing with vacation, resignation and removal is dealt in Art. 68, 67 proviso (a) and 67 proviso (b) respectively. ]	Art. 90 Vacation and resignation of, and removal from Deputy Chairman of Council of States		Art. 183 Vacation and resignation of, and removal from Chairman and Deputy Chairman of Legislative Council
Vacation of Office.	(a)	if he ceases to be a member of the Council		(a)	if he ceases to be a member of the Council
To whom Chairman gives his resignation.	Art. 67 proviso (a)	President		(b)	Deputy Chairman
To whom Deputy Chairman gives his resignation	(b)	Chairman		(b)	Chairman
How Chairman can be removed.	Art 67 proviso (b)	by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution		(c)	by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.
How Deputy Chairman can be removed.	(c)	by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.		(c)	by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

Art. 91 and 184 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

Council of States		Legislative Council
91(1)	In absence of Chairman, Deputy Chairman discharges the function of Chairman.	184(1)	In absence of Chairman, Deputy Chairman discharges the function of Chairman.
91(2)	During absence of Chairman and Deputy Chairman, any member as may be determined by the rules of procedure of the Council discharge such function.	184(2)	During absence of Chairman and Deputy Chairman, any member as may be determined by the rules of procedure of the Council discharge such function.

Art. 92 and 185 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

These two articles are based upon the old Latin maxim Nemo judex in causa sua meaning that “no-one should be a judge in his own cause” and hence the Chairman or the Deputy Chairman have no right to preside and vote, but can be present and speak, while a resolution for his removal from office is under consideration

	House of People	Legislative Assembly
Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.	Art. 94 is almost similar to Art. 90.	Art. 179 is almost similar to art. 183.
Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.	Art. 95 is almost similar to Art. 91.	Art. 180 is almost similar to Art. 184
The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.	Art. 96 is almost similar to Art. 92	Art. 181 is almost similar to Art. 185

Conduct of Business

Question

If a Member of Parliament remains absent without notice for 60 days then –

(A) Nothing happens

(B) His seat may be declared vacant

(D) The speaker seeks an explanation from him

Who is authorized to decide a dispute regarding the disqualification of members of

Parliament ?

(A) The President

(B) Supreme Court

(D) President in consultation with the Election Commission

3. If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in Clause (1) of Article 102 of the Constitution, the question shall be referred for the decision of the _______ and his decision shall be final.
A) Vice-President
B) Speaker/Chairman of the House
c) President
D) Prime Minister

Powers, Privileges and Immunities of Parliament/State Legislatures and their Members has been dealt in Chapter of Freedom of Speech and Expression

Legislative Procedure in Parliament (Art.107-111) and State Legislature (Art.196-201)

There are, basically, two kinds of Bill:

1) Ordinary Bill

2) Financial Bill

Ordinary Bill

An Ordinary Bill is defined as a Bill other than Money Bill and Financial Bill which can originate in either House of Parliament. Each House has laid down a procedure for passage of Bill. According to the procedure, a Bill has to pass through 3 stages, commonly, known as Readings to become a law. The procedure has been dealt in detail below[1]:

First Reading

The legislative process starts with the introduction of a Bill in either House of Parliament–Lok Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a private member(Every member of Parliament, who is not a Minister, is called a Private Member). In the former case it is known as a Government Bill and in the later case it is known as a Private Member’s Bill.

It is necessary for a member-in-charge of the Bill to ask for leave to introduce the Bill. If leave is granted by the House, the Bill is introduced. This stage is known as the First Reading of the Bill. If the motion for leave to introduce a Bill is opposed, the Speaker may, in his discretion, allow brief explanatory statements to be made by the member who opposes the motion and the member-in-charge who moved the motion. Where a motion for leave to introduce a Bill is opposed on the ground that the Bill initiates legislation outside the legislative competence of the House, the Speaker may permit a full discussion thereon. Thereafter the question is put to the vote of the House. However, the motion for leave to introduce a Finance Bill or an Appropriation Bill is forthwith put to the vote of the House.

Publication in Gazette

After a Bill has been introduced, it is published in the Official Gazette. Even before introduction, a Bill might, with the permission of the Speaker, be published in the Gazette. In such cases, leave to introduce the Bill in the House is not asked for and the Bill is straightaway introduced.

Reference of Bill to Standing Committee

After a Bill has been introduced, Presiding Officer of the concerned House can refer the Bill to concerned Standing Committee for examination and make report thereon.

If a Bill is referred to Departmentally Related Standing Committee, the Committee shall consider the general principles and clauses of the Bill referred to them and make report thereon. The Committee can also take expert opinion or the public opinion who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House. The report of the Committee, being persuasive value shall be treated as considered advice given by the Committee.

Second Reading

The Second Reading consists of consideration of the Bill which is in two stages.

First Stage: The first stage consists of general discussion on the Bill as a whole when the principle underlying the Bill is discussed. At this stage it is open to the House to refer the Bill to a Select Committee of the House or a Joint Committee of the two Houses or to circulate it for the purpose of eliciting opinion thereon or to straightaway take it into consideration.

If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-by-clause just as the House does. Amendments can be moved to the various clauses by members of the Committee. The Committee can also take evidence of associations, public bodies or experts who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House which considers the Bill again as reported by the Committee.

If a Bill is circulated for the purpose of eliciting public opinion thereon, such opinions are obtained through the Governments of the States and Union Territories. Opinions so received are laid on the Table of the House and the next motion in regard to the Bill must be for its reference to a Select/Joint Committee. It is not ordinarily permissible at this stage to move motion for consideration of the Bill.

Second Stage: The second stage of the Second Reading consists of clause-by-clause consideration of the Bill as introduced or as reported by Select/Joint Committee. Discussions takes place on each clause of the Bill and amendments to clauses can be moved at this stage. Amendments to a clause have been moved but not withdrawn are put to the vote of the House before the relevant clause is disposed of by the House. The amendments become part of the Bill if they are accepted by a majority of members present and voting. After the clauses, the schedules if any, clause 1, the Enacting Formula and the Long Title of the Bill have been adopted by the House, the Second Reading is deemed to be over.

Third Reading

Thereafter, the member-in-charge can move that the Bill be passed. This stage is known as the Third Reading of the Bill. At this stage debate is confined to arguments either in support or rejection of the Bill without referring to the details thereof further than that are absolutely necessary. Only formal, verbal or consequential amendments are allowed to be moved at this stage.

In passing an ordinary Bill, a simple majority of members present and voting is necessary. But in the case of a Bill to amend the Constitution, a majority of the total membership of the House and a majority of not less than two- thirds of the members present and voting is required in each House of Parliament

Bill in the other House

After the Bill is passed by one House, it is sent to the other House for concurrence with a message to that effect, and there also it goes through the stages described above except the introduction stage.

	Parliament		State Legislature
Where it originate	107(1)	In either House	196(1)	In either House
When a Bill may or may not lapse	107(3)	A Bill pending in Parliament shall not lapse by reason of the prorogation of the Houses	196(3)	A Bill pending in the Legislature of a State shall not lapse by reason of the prorogation of the House or Houses
	107(4)	A Bill pending in the Council of States which has not been passed by the House of the People shall not lapse on a dissolution of the House of the People.	196(4)	A Bill pending in the Legislative Council of a State which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly.
	107(5)	A Bill which is pending in the House of the People, or which having been passed by the House of the People is pending in the Council of States, shall lapse on a dissolution of the House of the People.	196(5)	A Bill which is pending in the Legislative Assembly of a State, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly.

Art.108 deals with the joint sitting of the two Houses of Parliament in cases of deadlock regarding Ordinary Bill and it very interesting to note that there is no comparative provision in State Legislature regarding joint sitting. The reason for such can be found in Constitutional Assembly Debate Vol IX in the speech of Prof. N.G. Kanga, “…you will be giving, these people(member of Legislative Council) to much power to sit in judgment and delay legislation that may be passed by the Lower Chamber. Secondly, two-third; or three-fourths of this Upper Chamber is to be elected by the Lower Chamber itself. Therefore, the position will be, that the Lower Chamber will be prevented from doing its work as expeditiously as it should, by the very people it has elected.”

Instead of having a counterpart provision to Art. 108, the legislature introduced Art. 197 Restriction on powers of Legislative Council as to Bills other than Money Bills to make legislative process faster in State.

Below is the crux of Art. 197

(1)	If after a Bill has been passed by the Legislative Assembly of a State transmitted to the Legislative Council—
	a)		the Bill is rejected by the Council;
	b)		more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it;
	c)		the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree;
	the Legislative Assembly may pass the Bill again, with or without such amendments, and then transmit the Bill as so passed to the Legislative Council.
2)	If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council-
	a)	the Bill is rejected by the Council; or
	b)	more than one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or
	c)	the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree;
	the Bill shall be deemed to have been passed by the Houses of the Legislature of the State.

Question

In case of a deadlock over an Ordinary Bill between two Houses in a State Legislature, the Bill is deemed to have been passed:
A) after the Bill has been passed for the second time by the Legislative Assembly and more than one month elapses from the date on which the Bill is laid for the second time before the Legislative Council without the Bill being passed by it.
B) after the Bill has been passed for the second time by the Legislative Assembly and more than three months elapse from the date on which the Bill is laid for the second time before the Legislative Council without the Bill being passed by it.
C) only in the form in which it is passed in the joint sitting of both the Houses of the State Legislature.
D) after the Bill has been passed for the second time by the Legislative Assembly and more than six months elapse from the date on which the Bill is laid for the second time before the Legislative Council without the Bill being passed by it.
The joint sitting of both the Houses of Parliament in certain cases can be called by the President under Article:
A) 109
B) 107
C) 110
D) 108

Presidential or Governor’s Assent to Ordinary Bill

No Bill can became law without the assent of President or Governor, as the case may be. Art 111 and 200 deals with Assent to the Bill with regard to President and Governor respectively.

The President or Governor may either-

a) give his assent to the Bill, or
b) he may withhold his assent, or
c) return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill

But if the Bill is again passed by the Houses with or without amendment and presented to the President or Governor, as the case may be, for the assent the President shall not withhold the assent.

But if he withhold the assent as in case of (b), then it will amount to use of veto power of President or Governor and is generally termed as Pocket Veto. This has been exercised by Mr. Zail Singh, President of India, to prevent the Indian Post Office (Amendment) Bill from becoming law.

Financial Bill

Financial Bill is of 3 kind:-

a) Money Bill (Art. 110 & 199)
b) Financial Bill Type 1 (Art 117 (1) & 207(1))
c) Financial Bill Type 2(Art 117(2) & 207(2))

Money Bill (Art. 110 & 199)

The questions which are generally asked in examination regarding the topic is dealt in form of table below:

	Parliament		State Legislature
Where it originate	109(1)	In House of People	198(1)	In Legislative Assembly
After how many days the Upper House has to return the Money Bill to Lower House after giving recommendation	109(2)	14 days	198(2)	14 days
After how many days the Money Bill shall deemed to have been passed if it is pending in Upper House	109(5)	14 days	198(5)	14 days
Who decides the question whether the Bill is Money or not.	110(3)	The Speaker of the House of the People	199(3)	The Speaker of the Legislative Assembly

Distinction between Money Bill, Financial Bill Type 1 and Financial Bill Type 2

Money Bill

Financial Bill Type 1

Financial Bill Type 2

A Money Bill is a Bill that contains only provision dealing with the matters enlisted in (a) to (g) of Art 110 & 199

A Bill that contains any provision with the matters enlisted in (a) to (g) of Art 110 & 199 and additionally contains any other matter.(Art 117(1) & 207(1))

A Bill that is neither a Money Bill or Financial Bill Type 1 is dealing only with a) the imposition of fines or other pecuniary penalties, or b) for the demand or payment of fees for licences or fees for services rendered, or

c) by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (Art 117(2) & 207(2))

Art 112 and 202 Annual Financial Statement

The Annual Financial Statement is generally known as Budget. The President or the Governor, as the case may be, shall in respect of every financial year cause to be laid before both Houses of Parliament or State Legislature, as case may be, a statement of the estimated receipt and expenditure of the State for that year.

Questions

1. Who in respect of every financial year cause to be laid before both the Houses of Parliament, a statement of the estimated receipts and expenditure of the Government of India for that year, which is known as “annual financial statement”?
Prime Minister
President
Speaker of the House
Finance Minister

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