The Union Parliament

- The President, and the 2 Houses of Parliament- The Parliament is the body of people's representatives who have supreme power of governance in a democratic country

The Union Parliament- Intro

Federal Set-up

           In a federal system of government, all the administrative powers are divided between the Central and the State governments by the Constitution and both are supreme within their respective spheres.- both draw authority from the Constitution.- India has opted for a federal system with a strong unitary bias.

Importance of Federal set-up:1. It is not possible for states to break away from      the Union of a country as big as India.2. Federal System suits a country like India with so much Diversity.3. The Supreme Court stands at the Head of Judiciary to safeguard the distribution of powers.4. India has a bicameral Legislature- States have been given the right to participate in the functioning of the government.5. Provisions for equitable distribution of revenues for the smooth functioning of the Centre and State have been made.

1. Strong Centre: 3 lists- Union (97), State(66) and Concurrent(47)2. Single Constitution: Single, common and unified constitution, except for Jammu and Kashmir (article 370)3. Flexibility: Parliament can amend the constitution single-handedly by simple or 2/3rds majority.4. Single Citizenship: 1 common citizenship for all5. Inequality of Representation: No. of Representative depends on population. Also there are 12    nominated members in the Rajya Sabha.6. Union Territories: These units are directly governed by the Centre - no autonomy.

Unitary Features

Lok Sabha- House of The People

Term: - 5 years (under normal circumstances)- can be dissolved before expiry of the normal term by the President on the behest of the Prime Minister.- period can be extended on the proclamation of an emergency- new Lok Sabha must be elected within 6 months after Emergency is lifted

Composition:- 530 members- state representatives- 20 members- union territory representatives- 2 members - anglo-indian representatives (by the President if not adequately represented.

Membership

Qualifications: 1. Citizen of India2. 25 +3. Name in Electoral roll4. Not an Insolvent5. No Office of Profit6. Not a Proclaimed Criminal7. Not of Unsound MindDisqualifications: If he1.holds Office of Profit2.is of unsound mind

3.is an Undischarged Insolvent4.is not a citizen of India or has voluntarily acquired foreign citizenship5.is disqualified by any other law in the ConstitutionVacation of Seats: If he1. resigns his seat2. is absent for all meetings for a period of 60 days3. becomes subject to any disqualifications4. is disqualified under Anti Defection Law5. is already a member in State legislature

Parliamentary Procedures

1. Sessions: 2 sessions/yr/House - max. 6 months interval2. Quorum:  1/10th*Total membership - no procedure without quorum - may be adjourned or suspended till 3. Question Hour: 10 days notice before question - 1st hour is QH - functioning under scrutiny>Starred: oral answer on the floor- *mark - may ask supplementary questions after>Unstarred: written answers - no supplementary questions after>Short Notice: urgent importance ->10 days notice - option to minister whether or not to accept question4. Zero Hour: all types of questions without any notice - presiding officer controls the House

5. Motions: formal proposal to take to take up a matter:>Adjournment: definite matter of urgent importance >No-Confidence: lack of confidence in Ministry - moved by the opposition (50 members) >Adjournment and Prorogation of House: -A: suspension of a sitting of the House ~after business of the day ~death of member ~too much disorder ~want of quorum ~when Speaker finds it necessary -P: termination of a session of Parliament

• Role and Functions of the Speaker

Speaker

Election:-Elected from among its own members soon after the newly elected House meets for the first time.-Remains till next speaker is elected after dissolution of House-For a term 5 yearsDeputy Speaker:-Performs duty of the Speaker when he is absent or when the spot is empty

Rajya Sabha- Council of States

Term: -Permanent house that cannot be dissolved-Members elected fro a period of 6 years-1/3rd of total members retire every 2 yearsComposition: Total 250 membersNominated Members: 12 members- Nominated by the President among persons having special knowledge in fine arts, literature and scienceElected Members: 238 members-  Elected by the Stats in the Union

Election:State representatives elected by the elected members of Lok Sabha on the basis of proportional representation by means of a Single Transferable VotePresident may prescribe manner of election of Union Territory representationQualifications: Same as LS, but must be 30+Disqualifications: Same as LSPresiding Officers:1. Vice President- ex-officio chairman- presides over meeting- cannot vote- tie:casts deciding vote2. Dept. Chairman from among members

Powers and Functions of Lok Sabha and Rajya Sabha

Special Powers of Rajya Sabha:1. By 2/3rds majority - can make laws on state subject2. May create All-India Services3. If LS is dissolved before or after proclamation of an emergency, Rajya Sabha becomes de facto and de jure ParliamentSpecial Powers of Lok Sabha:1. Motions of No Confidence2. Money Bills3. Lok Sabha prevails if there is conflict between 2 housesRelationship between Houses:1. Lok Sabha over Rajya Sabha2. Lok Sabha represents people whereas Rajya Sabha represents State 

• Powers and Functions of the Rajya Sabha and Lok Sabha

Anti- Defection Law

A _____________ will be disqualified under Anti-Defection Law if ___________________:1. Elected Member of Parliament or state - voluntary relinquishes his membership of such political party or   abstains from voting in the House contrary to any direction of such party. 2. Nominated Member---->who is a member of a political party- voluntarily gives up his membership of such political party or   abstains from voting in the House contrary to any direction of such party. ---->who is not a member of a political party- if he joins a political party after expiry of said period of 6 months 3. Independent member- joins any political party after electionsExemption: -Speaker, dept., Chairman and dept. shall not be disqualified if he voluntarily gives up membership of the  political party he once belonged to upon election to his office and rejoins his political part after he ceases to  hold such an office.-No disqualification will take place if a member claims he belongs a split of a group (split of not less that 1/3rd  members) .