The Indian Parliament: The Lok Sabha, Rajya Sabha, Legislative Authority, and Parliamentary Functions

Introduction

The Indian Parliament is the central legislative institution of the Union and one of the principal pillars of the country’s constitutional democracy. It provides the national forum in which laws are debated and enacted, the executive is held politically accountable, public finances are authorised, and matters of national importance are examined through representative institutions.

The Constitution establishes a bicameral Parliament consisting of the President and two Houses: the Lok Sabha, or House of the People, and the Rajya Sabha, or Council of States. Although the two Houses participate in the legislative process, they do not possess identical powers. The Lok Sabha has a particularly important position in relation to the formation and survival of the Union Council of Ministers and the passage of Money Bills. The Rajya Sabha, meanwhile, provides a continuing chamber of deliberation, represents the States at the Union level, and exercises important legislative, constitutional, and scrutiny functions.

Parliament’s authority is substantial, but it is not unlimited. India has a written and supreme Constitution, and Parliament must exercise its legislative and institutional powers within constitutional boundaries. The division of legislative competence between the Union and the States, fundamental rights, the basic structure doctrine, and judicial review all shape the scope of parliamentary authority.

Understanding Parliament therefore requires more than describing how a Bill becomes an Act. It requires examining the composition and constitutional position of both Houses, their respective powers, the relationship between Parliament and the executive, the financial and oversight functions of the legislature, and the safeguards that govern parliamentary proceedings.

This article explores these matters as part of the broader constitutional structure of India, explaining how Parliament represents the electorate and the States, makes national law, scrutinises government, and contributes to the operation of representative democracy.

1. The Constitutional Position of Parliament

The constitutional framework governing Parliament is principally contained in Part V, Chapter II, of the Constitution, Articles 79–122. These provisions establish the composition of Parliament, the qualifications and terms of its members, the offices of the presiding officers, legislative procedures, parliamentary privileges, and the basic rules governing its internal proceedings.

Article 79 provides that there shall be a Parliament for the Union consisting of the President and two Houses: the Council of States and the House of the People. This means that the President is constitutionally part of Parliament, although the President is not a member of either House and does not participate in parliamentary debates or voting.

The President’s constitutional role in the legislative process is nevertheless important. The President summons and prorogues Parliament, addresses the Houses in specified circumstances, may send messages to them, and exercises the formal power of assent to Bills. A Bill passed by the Houses generally cannot become an Act of Parliament without presidential assent.

The inclusion of the President in the constitutional definition of Parliament reflects the parliamentary character of India’s constitutional system. Legislation is not simply an act of the two Houses considered independently of the wider constitutional process. It involves representative deliberation, the prescribed legislative procedure, and the formal constitutional participation of the head of State.

Constitutional supremacy and parliamentary authority

Parliament is the principal national lawmaking institution, but it is not sovereign in the same unrestricted sense as the legislature in the traditional British constitutional model.

India follows the principle of constitutional supremacy. Parliament receives its authority from the Constitution, which also defines the limits of that authority. It may enact ordinary legislation, approve public expenditure, scrutinise the executive, and amend the Constitution in accordance with Article 368. However, it cannot legislate contrary to constitutional limitations or destroy the Constitution’s basic structure through amendment.

The Supreme Court has explained that the Constitution binds all branches of government and empowers the judiciary to invalidate legislation or executive action that violates constitutional requirements. This is a defining feature of India’s system of government. India+1

The distinction between parliamentary authority and parliamentary sovereignty is therefore fundamental. Parliament is constitutionally powerful, but its powers are legally limited.

2. The Bicameral Structure: Two Houses, Different Constitutional Roles

India has a bicameral Parliament. Bicameralism means that the national legislature consists of two separate chambers, each with its own composition, procedures, and constitutional responsibilities.

The two Houses are:

• The Lok Sabha: the House of the People, directly elected by citizens through parliamentary constituencies.
• The Rajya Sabha: the Council of States, representing the States and Union Territories through an indirect electoral system, together with nominated members.

The two-chamber arrangement serves several purposes. It combines direct democratic representation with a second legislative forum that provides continuity and a constitutional channel for regional representation. It also creates opportunities for reconsideration, debate, and scrutiny of proposed legislation.

The Houses are not identical in their powers. For most ordinary legislation, they participate on broadly equal terms. However, the Constitution gives the Lok Sabha a stronger position in financial matters and in determining whether the Union government retains the confidence of Parliament. The Rajya Sabha, in turn, possesses certain special powers that reflect its role as a federal chamber.

Why bicameralism matters

A second chamber can improve the legislative process by providing an additional opportunity to examine proposed laws. It may identify drafting problems, raise concerns affecting particular States, and provide a forum for discussion that is not identical to the electoral and political pressures operating in the directly elected House.

Bicameralism also introduces a degree of institutional continuity. The Lok Sabha may be dissolved before the end of its normal term, but the Rajya Sabha is a permanent House. Consequently, Parliament does not lose all of its membership or institutional capacity when a general election is held.

The Indian arrangement is therefore designed to combine popular representation, federal representation, continuity, and legislative review.

3. The Lok Sabha: Composition, Election, and Constitutional Position

The Lok Sabha is the lower House of Parliament and the chamber through which citizens are directly represented at the national level.

Its members are elected from territorial parliamentary constituencies. Elections are conducted on the basis of universal adult suffrage, subject to the constitutional and statutory requirements governing voter eligibility and electoral administration.

The Lok Sabha’s central democratic role is reflected in its name, the House of the People. Its members are directly accountable to the electorate through periodic general elections.

Composition of the Lok Sabha

Article 81 establishes the constitutional framework for the composition of the Lok Sabha. It provides for representation of States and Union Territories, subject to the constitutional limits and the relevant electoral laws.

The Constitution provides for a maximum of 530 representatives of the States and up to 20 representatives of Union Territories. The current elected strength is 543 members.

The former provision allowing the President to nominate up to two members of the Anglo-Indian community to the Lok Sabha was discontinued by the Constitution (One Hundred and Fourth Amendment) Act, 2019.

The allocation of seats among States is linked to population, subject to constitutional provisions governing the timing and effect of readjustment. Delimitation and the allocation of parliamentary constituencies are therefore connected with the constitutional principles of representation and electoral equality.

Direct elections and universal adult suffrage

Article 326 provides for elections to the Lok Sabha and State legislative assemblies on the basis of adult suffrage, subject to the constitutional conditions.

The right to vote is exercised through the electoral framework established by the Constitution and legislation, particularly the Representation of the People Acts.

The principle of universal adult suffrage is central to representative democracy. It means that the composition of the Lok Sabha is determined by the electorate rather than by appointment or nomination, although the Constitution provides separate arrangements for certain other parliamentary functions and institutions.

Qualifications for membership

Article 84 establishes the basic constitutional qualifications for membership of Parliament. A person must be a citizen of India, make the prescribed oath or affirmation, and satisfy the relevant age and other qualifications prescribed by the Constitution and parliamentary legislation.

The minimum age is:

• 25 years for membership of the Lok Sabha;
• 30 years for membership of the Rajya Sabha.

Additional qualifications and disqualifications are governed by the Constitution and legislation, including the Representation of the People Act, 1951.

Duration and dissolution

Under Article 83, the Lok Sabha ordinarily continues for five years from the date appointed for its first meeting, unless dissolved earlier.

The five-year period may be extended while a Proclamation of National Emergency is in operation, subject to constitutional limits. Such an extension cannot continue beyond six months after the emergency has ceased to operate.

The power of dissolution is an important characteristic of the parliamentary system. A general election may be required before the ordinary five-year period ends, allowing the electorate to determine the composition of a new House.

The Speaker of the Lok Sabha

The Lok Sabha elects one of its members to serve as Speaker and another as Deputy Speaker under Article 93.

The Speaker presides over the sittings of the House, maintains order, interprets and applies the Rules of Procedure, and performs several constitutional functions. The office is central to the orderly conduct of parliamentary business.

Among the Speaker’s responsibilities are:

• Presiding over debates and proceedings;
• Deciding questions of order under the applicable rules;
• Recognising members who wish to speak;
• Applying disciplinary rules where necessary;
• Supervising the conduct of voting;
• Certifying whether a Bill is a Money Bill under Article 110;
• Performing functions under the Tenth Schedule concerning disqualification on grounds of defection, subject to judicial review.

The Speaker is expected to exercise the office impartially and protect the rights of the House as an institution. The constitutional importance of the office is particularly evident in relation to Money Bills, where the Speaker’s certification has significant consequences for the legislative powers of the Rajya Sabha.

The Speaker remains in office until immediately before the first meeting of the new Lok Sabha, unless the office becomes vacant earlier or the Speaker resigns or is removed in accordance with the Constitution.

Political responsibility of the Lok Sabha

The Lok Sabha has a distinctive position in relation to the Union executive. Under Article 75(3), the Council of Ministers is collectively responsible to the House of the People.

This means that the government must retain the confidence of the Lok Sabha to remain in office. If it loses that confidence, it is constitutionally expected to resign or face the political consequences provided by the parliamentary system.

The Lok Sabha may express its lack of confidence through a no-confidence motion. This mechanism makes the directly elected chamber the principal institution through which the political survival of the Union government is determined.

The Rajya Sabha may debate government policy and question ministers, but it cannot remove the Council of Ministers through a no-confidence motion.

4. The Rajya Sabha: Composition, Representation, and Continuity

The Rajya Sabha is the upper House of Parliament and is constitutionally known as the Council of States.

Its principal purpose is to provide representation of the States and Union Territories at the national level. It also serves as a continuing chamber of legislative deliberation, review, and scrutiny.

Unlike the Lok Sabha, the Rajya Sabha is not dissolved. It is a permanent House, although its membership changes periodically.

Composition of the Rajya Sabha

Article 80 establishes the composition of the Rajya Sabha. The Constitution provides for a maximum of 250 members, including:

• Up to 238 representatives of the States and Union Territories;
• 12 members nominated by the President.

The nominated members are selected from among persons having special knowledge or practical experience in literature, science, art, and social service.

This arrangement introduces a limited element of expertise and public contribution into the composition of the upper House, alongside its representative function.

The elected representatives of States are chosen by the elected members of their respective State legislative assemblies through proportional representation by means of the single transferable vote. The Constitution and parliamentary legislation provide the applicable electoral rules.

The allocation of seats among States is not equal. Larger States generally have more Rajya Sabha representatives than smaller States, reflecting the population-based approach adopted in the Indian federal system.

The Rajya Sabha as a permanent House

Article 83 provides that the Rajya Sabha is not subject to dissolution. As nearly as possible, one-third of its members retire every two years.

Members ordinarily serve six-year terms, with elections held periodically to replace retiring members.

This arrangement gives the Rajya Sabha institutional continuity. It ensures that the entire chamber does not disappear when the Lok Sabha is dissolved or when a general election changes the political composition of the lower House.

The continuing character of the Rajya Sabha also has practical significance during emergencies and periods of political transition.

The Chairman and Deputy Chairman

The Vice-President of India is the ex officio Chairman of the Rajya Sabha under Article 89.

The Rajya Sabha also elects a Deputy Chairman from among its members. The Deputy Chairman presides when the Chairman is absent or when the office is vacant, subject to the constitutional rules.

The Chairman’s role is comparable in procedural importance to that of the Speaker of the Lok Sabha. The office includes presiding over proceedings, maintaining order, and applying the relevant parliamentary rules.

However, there is an important institutional difference: the Chairman of the Rajya Sabha is not ordinarily a member of that House. The Speaker of the Lok Sabha, by contrast, is elected from among the members of the Lok Sabha.

The Rajya Sabha’s special constitutional powers

The Rajya Sabha has certain powers that distinguish it from the Lok Sabha.

Under Article 249, it may pass a resolution supported by at least two-thirds of the members present and voting declaring that it is necessary or expedient in the national interest for Parliament to legislate on a matter in the State List.

Under Article 312, it may pass a similar resolution authorising Parliament to create one or more All India Services common to the Union and the States.

The Rajya Sabha also has a special role in approving certain emergency proclamations when the Lok Sabha is dissolved or when its dissolution occurs during the period relevant to parliamentary approval.

These powers reflect its federal character. The Rajya Sabha is not simply a second chamber designed to repeat the work of the Lok Sabha. It has constitutionally assigned responsibilities that connect national legislation with the interests of the States. Digital Sansad+2

5. The Relationship Between the Two Houses

The Lok Sabha and the Rajya Sabha participate in a common parliamentary system, but their relationship depends on the type of parliamentary business under consideration.

For ordinary legislation, both Houses generally enjoy equal authority. A Bill must normally be passed by each House in the same form before it can be presented to the President for assent.

For Money Bills, the Constitution gives the Lok Sabha a superior position. The Rajya Sabha may make recommendations, but it cannot prevent a Money Bill from being passed by the Lok Sabha by refusing to approve it.

For constitutional amendment Bills, both Houses have equal legislative authority. Each must pass the amendment Bill separately by the special majority required under Article 368. There is no joint sitting to overcome disagreement on a constitutional amendment.

These distinctions are fundamental to understanding the bicameral structure. The Constitution does not establish a simple hierarchy in which one House always dominates the other. Instead, it allocates different powers according to the nature of the legislative or constitutional question.

Ordinary legislative equality

A Bill dealing with an ordinary legislative subject may generally be introduced in either House, subject to the special rules governing financial legislation.

Both Houses debate and vote on the proposal. If one House makes amendments, the other must consider them. If the Houses cannot agree, the constitutional mechanism for resolving a deadlock may become relevant.

The requirement for approval by both Houses ensures that legislation ordinarily receives scrutiny from both the directly elected chamber and the chamber representing the States.

Financial asymmetry

The Lok Sabha has the stronger position in financial matters because the government must maintain the confidence of the directly elected House and because the Constitution gives that House primary authority over Money Bills and demands for grants.

The Rajya Sabha can debate financial proposals and make recommendations, but it cannot exercise the same power of approval or rejection as the Lok Sabha in relation to a Money Bill.

Constitutional amendment equality

The amendment process under Article 368 is different. A constitutional amendment Bill must be passed by each House separately by the required special majority.

Where the amendment concerns specified federal provisions, ratification by at least half of the State legislatures is also required.

The Rajya Sabha therefore has a full and independent role in constitutional amendment. A disagreement between the Houses cannot be resolved by a joint sitting.

6. Legislative Authority: How Parliament Makes Laws

Making laws is one of Parliament’s central functions. The legislative process provides a formal method through which public policy proposals are transformed into binding legal rules.

A legislative proposal is generally introduced in the form of a Bill. A Bill is a draft of a proposed law. It does not become an Act merely because it has been introduced or debated. It must complete the constitutionally prescribed process.

The ordinary legislative procedure is principally governed by Articles 107–111, together with the Rules of Procedure and Conduct of Business of each House.

Types of parliamentary Bills

Parliamentary Bills may be classified according to their purpose and the procedures applicable to them.

Government Bills are introduced by ministers on behalf of the government. They generally reflect the government’s legislative programme or policy priorities.

Private Members’ Bills are introduced by members of Parliament who are not ministers. They allow individual MPs to propose legislation independently of the government.

Ordinary Bills concern matters that do not fall within the special constitutional categories of Money Bills or Financial Bills.

Money Bills deal exclusively with the matters specified in Article 110 and are subject to a special procedure.

Financial Bills concern financial matters but do not necessarily satisfy the restrictive definition of a Money Bill. Different procedural rules apply depending on the category of Financial Bill.

Constitution Amendment Bills propose amendments to the Constitution and must follow the special procedure under Article 368.

The classification of a Bill matters because it determines where it may be introduced, what role each House plays, and what majority is required for its passage.

Introduction and the first reading

An ordinary Bill may generally be introduced in either House of Parliament.

The introduction is commonly described as the First Reading. It involves the formal presentation of the Bill and its placement before the House.

Government Bills are introduced by ministers, while Private Members’ Bills are introduced by MPs who are not members of the Council of Ministers.

Certain Bills require prior recommendation or the President’s sanction under the Constitution. These requirements apply particularly to specified financial proposals and should not be confused with the general rule allowing ordinary Bills to originate in either House.

The second reading: General debate and detailed consideration

The Second Reading is generally the most substantive stage of parliamentary examination.

Members consider the principles and objectives of the Bill. The House may decide to proceed with detailed consideration, refer the Bill to a committee, or circulate it for public opinion, subject to the applicable rules and procedures.

If the Bill proceeds to detailed consideration, its clauses are examined and amendments may be proposed.

This stage allows MPs to consider the practical consequences of the proposed legislation, identify legal or drafting problems, and debate whether the proposed regulatory framework is appropriate.

Committee examination may be particularly valuable where a Bill is technically complex or has substantial social, economic, or institutional consequences.

The third reading and passage

At the Third Reading, the House considers whether the Bill should be passed in its final form.

The debate is generally more limited than at the earlier stages, focusing on the final proposal rather than reopening every question of policy or drafting.

The House then votes on the Bill. If it is passed, it is transmitted to the other House, where the legislative process is repeated, subject to the special rules applicable to the type of Bill.

Consideration by the second House

The second House may:

• Pass the Bill without amendment;
• Pass it with amendments;
• Reject it;
• Take no final action within the relevant constitutional period.

Where the second House proposes amendments, the first House must consider them. The Bill becomes eligible for presidential assent only when the two Houses have reached agreement in accordance with the Constitution.

This process is an important feature of bicameralism. It gives the second House an opportunity to reconsider the legislation rather than treating the decision of the first House as automatically final.

Presidential assent under Article 111

Once a Bill has been passed by both Houses, it is presented to the President.

Under Article 111, the President may:

• Give assent to the Bill;
• Withhold assent;
• Return a Bill, if it is not a Money Bill, for reconsideration.

If the Houses pass the Bill again, with or without amendments, and present it to the President, the President may not withhold assent.

The special rule concerning Money Bills means that they are not returned for reconsideration under the same procedure.

Presidential assent completes the ordinary constitutional lawmaking process. The Bill becomes an Act and acquires the force of law in accordance with its commencement provisions.

The official parliamentary explanation of the legislative process describes the three readings, the role of both Houses, and the requirement of presidential assent. Digital Sansad+1

7. Parliamentary Deadlock and Joint Sittings

Bicameralism creates the possibility that the two Houses may disagree over a Bill. The Constitution provides a mechanism for resolving certain legislative deadlocks.

Article 108 authorises the President to summon a joint sitting of both Houses in specified circumstances.

A deadlock may arise where:

1. One House rejects a Bill passed by the other;
2. The Houses finally disagree over amendments to be made to the Bill;
3. More than six months elapse from the date on which the second House receives the Bill without it passing the Bill.

The six-month period is calculated in accordance with the constitutional provisions and excludes periods during which the relevant House is prorogued or adjourned for more than four consecutive days.

At a joint sitting, members of both Houses deliberate and vote together. The Bill is determined by a majority of the total number of members of both Houses present and voting, subject to the applicable procedural rules.

The joint sitting mechanism is intended to prevent legislative paralysis while preserving the participation of both chambers.

When a joint sitting is not available

Article 108 does not apply to every type of Bill.

A joint sitting cannot be used for:

• Money Bills;
• Constitution Amendment Bills.

Money Bills follow the special procedure under Article 109. Constitutional amendment Bills require separate approval by both Houses under Article 368.

The exclusion of constitutional amendment Bills is especially significant. It means that neither House can be compelled to accept a constitutional amendment through a combined vote that overrides its separate decision.

Historical use of joint sittings

Joint sittings have been relatively uncommon in India’s parliamentary history. Notable examples include:

• The Dowry Prohibition Bill, 1959;
• The Banking Service Commission (Repeal) Bill, 1977;
• The Prevention of Terrorism Bill, 2002.

These examples demonstrate that the joint sitting procedure is an exceptional mechanism rather than an ordinary stage of legislation. Digital Sansad+1

8. Money Bills and the Special Position of the Lok Sabha

The Constitution establishes a special procedure for Money Bills because they concern the raising and expenditure of public funds.

Article 110 defines a Money Bill. A Bill is a Money Bill if it contains only provisions dealing with one or more of the matters specifically listed in that Article, together with matters incidental to those subjects.

The listed matters include:

• The imposition, abolition, remission, alteration, or regulation of a tax;
• The regulation of government borrowing;
• The custody of the Consolidated Fund or Contingency Fund of India;
• The appropriation of money from the Consolidated Fund of India;
• The declaration of expenditure as charged on the Consolidated Fund;
• The receipt, custody, or issue of money from public accounts;
• Matters incidental to the subjects listed in Article 110.

A Bill does not become a Money Bill simply because it has financial implications. It must satisfy the constitutional definition.

Introduction of a Money Bill

A Money Bill can be introduced only in the Lok Sabha. It cannot originate in the Rajya Sabha.

The Bill may be introduced only on the recommendation of the President, as required by Article 117 for the relevant financial legislation.

The Rajya Sabha’s role

After the Lok Sabha passes a Money Bill, it is transmitted to the Rajya Sabha for recommendations.

The Rajya Sabha has fourteen days to return the Bill. It may recommend amendments, but the Lok Sabha is free to accept or reject those recommendations.

If the Rajya Sabha does not return the Bill within fourteen days, it is deemed to have been passed by both Houses in the form approved by the Lok Sabha.

This arrangement gives the Lok Sabha decisive authority over Money Bills.

Certification by the Speaker

The Speaker of the Lok Sabha determines whether a Bill is a Money Bill and endorses the relevant certificate when it is transmitted to the Rajya Sabha and presented for presidential assent.

This certification has major constitutional consequences because it determines whether the Rajya Sabha has a full legislative veto or only the limited recommendatory role provided by Article 109.

The classification of legislation as a Money Bill has therefore been the subject of constitutional litigation. Courts have considered the scope of Article 110 and the relationship between the Speaker’s certification and judicial review.

The distinction between Money Bills and Financial Bills

Not every Bill involving public revenue or expenditure is a Money Bill.

Article 117 recognises Financial Bills that may contain provisions dealing with taxation or expenditure but do not fall exclusively within the definition of Article 110.

A Financial Bill may therefore be subject to different procedures and may require the approval of both Houses.

The distinction is constitutionally important. Treating a Bill as a Money Bill when it does not satisfy Article 110 would deprive the Rajya Sabha of its ordinary legislative role.

9. Parliament’s Financial Powers and Control of Public Expenditure

Parliament’s control over public finance is one of its most important constitutional functions.

The executive proposes and administers public expenditure, but it cannot lawfully withdraw money from the Consolidated Fund of India without parliamentary authorisation in accordance with the Constitution.

This principle is central to democratic accountability. It ensures that public funds are raised and spent under legislative authority rather than solely at the discretion of the executive.

The Annual Financial Statement

Article 112 requires the President to cause an Annual Financial Statement to be laid before both Houses of Parliament in respect of each financial year.

This statement is commonly known as the Union Budget.

It presents the estimated receipts and expenditure of the Government of India for the financial year. It distinguishes expenditure charged on the Consolidated Fund of India from other expenditure and provides the financial basis for parliamentary consideration.

The Budget is therefore not simply an economic announcement. It is part of the constitutional process through which Parliament exercises control over public resources.

Charged expenditure and voted expenditure

The Constitution distinguishes between expenditure charged on the Consolidated Fund of India and expenditure that is subject to voting by the Lok Sabha.

Charged expenditure includes certain constitutionally protected or institutionally important expenses, such as the salaries and allowances of specified constitutional authorities and the expenses of the Supreme Court.

Such expenditure may be discussed in Parliament but is not submitted to the Lok Sabha for a vote in the same way as demands for grants.

Other expenditure is presented as demands for grants and requires approval by the Lok Sabha.

Demands for grants

Under Article 113, demands for grants are submitted to the Lok Sabha.

The House may approve, reject, or reduce the amount requested, subject to the constitutional and procedural rules.

The Rajya Sabha does not vote on demands for grants. This reflects the special position of the directly elected House in controlling public expenditure.

Appropriation Bill

After the Lok Sabha has voted on the demands for grants, an Appropriation Bill is introduced to authorise withdrawal of the required amounts from the Consolidated Fund of India.

Article 114 governs this process.

The Bill must be passed in accordance with the special financial procedure and receive presidential assent. It provides the legal authority for the withdrawal of public money for the approved purposes.

Finance Bill

The Finance Bill gives legislative effect to the government’s taxation proposals and related financial measures.

It may include provisions concerning the imposition or alteration of taxes and other matters required to implement the Budget.

Depending on its contents, it may qualify as a Money Bill or another category of Financial Bill. The applicable constitutional procedure depends on that classification.

Supplementary, additional, and excess grants

The Constitution recognises that the original Budget may not always be sufficient to cover actual expenditure or new requirements.

Article 115 provides for supplementary, additional, and excess grants.

These mechanisms allow the government to seek further parliamentary authorisation where the amount previously approved is insufficient, where a new service requires funding, or where expenditure has exceeded the authorised amount.

Article 116 provides for votes on account, votes of credit, and exceptional grants.

A vote on account allows the Lok Sabha to authorise expenditure for part of the financial year while the full Budget process is completed. A vote of credit may be used for an unexpected demand of an indefinite character, while an exceptional grant concerns a special purpose that does not form part of the ordinary services of the financial year.

Together, these provisions ensure that public expenditure remains subject to constitutional and parliamentary authorisation. They also allow the government to manage financial requirements that cannot always be anticipated at the beginning of a financial year.

10. Parliament’s Oversight of the Executive

Parliament does not exist merely to pass legislation. It is also responsible for holding the Union executive politically accountable.

India follows the parliamentary system of government. The President is the constitutional head of the Union, while executive authority is exercised through the Council of Ministers headed by the Prime Minister.

Article 75(3) establishes the principle of collective responsibility to the Lok Sabha. Ministers are therefore accountable to Parliament for government policy and administration, and the government must retain the confidence of the directly elected House.

Parliamentary oversight takes place through debates, questions, motions, committee investigations, financial scrutiny, and other procedural mechanisms.

Question Hour

Question Hour is a major mechanism through which MPs seek information from ministers.

Members may ask questions concerning government policy, administration, public expenditure, implementation of legislation, and other matters within the responsibility of the relevant ministry.

Questions may be classified according to the applicable parliamentary rules, including questions requiring oral answers and those answered in writing.

Question Hour serves several purposes:

• It requires ministers to provide information;
• It brings administrative problems into public debate;
• It allows MPs to represent constituency concerns;
• It creates a record of government explanations and commitments;
• It enables Parliament to scrutinise policy implementation.

The process is particularly important because many questions concern the practical administration of laws rather than the legislative process itself.

Zero Hour

Zero Hour is a parliamentary practice through which members raise matters of urgent public importance, generally after Question Hour.

Unlike Question Hour, it is not a formal constitutional category. Its operation is based on parliamentary practice and the relevant procedural arrangements.

Members may use the opportunity to bring attention to urgent issues that require government consideration.

Debates and discussions

Parliament provides opportunities for discussion of government policy, national events, public administration, and legislative proposals.

Debates allow members to express different positions, question ministerial decisions, and place competing arguments before the public.

They are also part of the constitutional function of deliberation. Legislation and public policy are not merely technical matters; they involve decisions about rights, responsibilities, public resources, and national priorities.

Motions and resolutions

Parliamentary rules provide for different motions and resolutions through which members may seek decisions or express the views of the House.

These include:

• Motions of no confidence;
• Motions of confidence;
• Adjournment motions;
• Censure motions;
• Calling attention motions;
• Short-duration discussions;
• Private Members’ resolutions;
• Other motions permitted under the applicable rules.

The precise legal and political consequences depend on the type of motion and the constitutional or procedural rules governing it.

No-confidence motions

A no-confidence motion is particularly significant because it tests whether the Council of Ministers continues to enjoy the confidence of the Lok Sabha.

If the motion is carried, the government cannot ordinarily continue in office as though it retained the support of the House. The constitutional principle of collective responsibility requires the government to resign or otherwise respond in accordance with parliamentary conventions and constitutional practice.

The Rajya Sabha may debate government policy and criticise the executive, but it cannot remove the Council of Ministers through a no-confidence motion.

Ministerial responsibility

Parliamentary accountability is not confined to the Prime Minister. Ministers are expected to explain the decisions and actions of their departments.

The system is based on collective responsibility, but it also involves individual ministerial accountability for administrative matters within a minister’s portfolio.

The effectiveness of parliamentary oversight depends on access to information, adequate time for debate, the functioning of committees, and the willingness of the executive to respond meaningfully to legislative scrutiny. Lok Sabha+1

11. Parliamentary Committees: Detailed Scrutiny and Legislative Expertise

Parliamentary committees are an essential part of the legislative system. The volume and technical complexity of modern government make it difficult for the two Houses to examine every legislative proposal, public expenditure decision, and administrative matter in sufficient detail during ordinary plenary proceedings.

Committees provide a smaller forum in which members can investigate particular subjects, examine documents, hear evidence, consider legislation, and prepare reports for the relevant House.

They do not replace Parliament. Their purpose is to support its work by allowing more detailed examination than is usually possible in a full parliamentary sitting.

Types of parliamentary committees

Parliamentary committees may broadly be divided into two categories:

• Standing committees: established on a continuing basis, although their membership and terms may be renewed periodically.
• Ad hoc committees: established for a particular purpose and generally dissolved after completing their assigned task.

The committee system includes financial committees, department-related standing committees, committees concerned with particular Bills, and committees examining the conduct and internal administration of Parliament.

Financial committees

Three financial committees are particularly important.

The Public Accounts Committee (PAC) examines the government’s expenditure and considers whether public money has been spent in accordance with parliamentary authorisation and applicable financial rules. It examines reports of the Comptroller and Auditor General of India and may investigate cases of financial irregularity, inefficient expenditure, or departures from approved procedures.

The PAC is an important mechanism for examining government accountability after public funds have been spent. Its work is closely connected with the constitutional position of the Comptroller and Auditor General under Articles 148–151.

The Estimates Committee examines estimates of public expenditure and considers whether economies, improvements in organisation, and greater efficiency can be achieved in government administration.

Its work is primarily concerned with the scrutiny of proposed expenditure and the administrative arrangements through which public resources are used.

The Committee on Public Undertakings examines the functioning of public sector undertakings and considers matters relating to their administration, financial performance, and accountability.

Together, these committees provide a framework for financial oversight that goes beyond the annual Budget debate.

Department-related Parliamentary Standing Committees

Department-related standing committees examine the work of particular ministries and departments.

Their responsibilities may include:

• Examining the demands for grants of the relevant ministries;
• Considering Bills referred to them;
• Reviewing annual reports;
• Examining policy documents;
• Investigating matters within their assigned areas of responsibility.

They provide a forum for more detailed examination of government policy and legislation. Members can consider technical issues, obtain information, and identify practical consequences that may not receive sufficient attention during general parliamentary debates.

The committee system is especially relevant where legislation concerns complex areas such as finance, technology, public health, environmental regulation, national security, or social policy.

Select Committees and Joint Committees on Bills

A Bill may be referred to a Select Committee of one House or to a Joint Committee of both Houses.

Such committees examine the provisions of the Bill and may consider evidence, hear representations, and recommend changes.

A committee report does not ordinarily enact amendments by itself. The relevant House must consider the report and decide what action to take.

Nevertheless, committee scrutiny can improve the quality of legislation by identifying inconsistencies, unintended consequences, implementation difficulties, and areas requiring clearer drafting.

The importance and limitations of committees

Committees contribute to informed legislative decision-making. They allow members to examine matters in greater depth and may encourage cooperation across party lines.

Their work also improves parliamentary accountability by creating opportunities to question ministries and examine public administration.

However, committees generally make recommendations rather than final legislative decisions. Their effectiveness depends on the quality of information available to them, the time allocated to examination, the willingness of ministries to cooperate, and the extent to which the Houses consider their reports.

The official parliamentary materials explain that committees undertake a substantial part of Parliament’s detailed work because the Houses cannot examine every matter comprehensively during ordinary sittings. Digital Sansad+1

12. Parliamentary Privileges and Freedom of Speech

Parliamentary privileges are special constitutional protections and procedural rights intended to enable the Houses and their members to perform their functions independently.

They are not personal privileges in the ordinary sense. Their principal purpose is institutional: Parliament must be able to debate, investigate, deliberate, and conduct its proceedings without improper external interference.

Article 105 is the principal constitutional provision governing the privileges of Parliament, its members, and its committees.

Freedom of speech in Parliament

Article 105(1) recognises freedom of speech in Parliament, subject to the Constitution and the rules and standing orders regulating parliamentary procedure.

This protection enables MPs to express opinions, criticise government policy, question ministers, and participate in debates without the ordinary constraints that apply to public statements outside Parliament.

It is nevertheless a qualified institutional freedom. Members must comply with the Constitution, parliamentary rules, and the authority of the presiding officers.

Immunity in respect of parliamentary proceedings

Article 105(2) provides that no member of Parliament is liable to proceedings in any court in respect of anything said or any vote given in Parliament or a parliamentary committee.

It also protects the publication, by or under the authority of either House, of reports, papers, votes, and proceedings.

The purpose is to protect the independence of parliamentary deliberation and prevent ordinary legal proceedings from being used to interfere improperly with legislative debate.

This protection does not create general immunity from criminal or civil law. It is connected to parliamentary proceedings and must be interpreted within its constitutional scope.

Other privileges and immunities

Article 105(3) addresses other powers, privileges, and immunities of each House and its members and committees.

The Constitution permits Parliament to define these matters by law. Until such legislation is enacted, the provision refers to the privileges and immunities that existed immediately before the commencement of the relevant constitutional amendment.

The precise scope of parliamentary privilege has been the subject of judicial interpretation.

In Sita Soren v. Union of India (2024), a Constitution Bench of the Supreme Court considered the relationship between legislative privilege and criminal liability in the context of bribery connected with parliamentary voting. The Court rejected the proposition that the constitutional protection of legislative proceedings creates immunity for bribery or other criminal conduct merely because it is connected with a member’s legislative function.

The decision is important because it distinguishes the protection of genuine parliamentary debate and voting from conduct that constitutes an independent criminal offence. IndiaCode

Parliamentary privilege and judicial review

Parliamentary privilege does not place every action of a House beyond judicial scrutiny.

Article 122 restricts courts from questioning parliamentary proceedings on the ground of an alleged irregularity of procedure. However, this does not necessarily exclude judicial examination of a claim that Parliament or one of its authorities has acted outside constitutional limits.

The distinction between procedural irregularity and substantive constitutional illegality is important. Parliament enjoys institutional autonomy, but it remains subject to the Constitution.

13. The Anti-Defection Law and Parliamentary Party Discipline

The Tenth Schedule to the Constitution contains the anti-defection framework, introduced by the Constitution (Fifty-Second Amendment) Act, 1985.

The law was designed to address political defections in Parliament and State legislatures and to protect the stability of elected governments.

It provides for disqualification of members on specified grounds relating to their political party affiliation and conduct in the House.

Grounds of disqualification

A member may be disqualified under the Tenth Schedule in circumstances including:

• Voluntarily giving up membership of the political party on whose ticket the member was elected;
• Voting or abstaining from voting contrary to a direction issued by the political party, without prior permission, where the party does not condone the conduct within the prescribed period;
• A nominated member joining a political party after the expiry of the constitutionally prescribed period;
• An independent elected member joining a political party after election.

The Tenth Schedule also contains provisions concerning mergers, subject to the conditions established by the Constitution.

The role of the presiding officer

Questions of disqualification under the Tenth Schedule are generally decided by the Speaker in the Lok Sabha or the Chairman in the Rajya Sabha, as applicable.

The decision-making function has been subject to significant judicial examination.

In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the constitutional validity of the anti-defection framework while recognising that decisions made by the presiding officer are subject to judicial review on limited grounds.

The judgment established that the presiding officer’s role under the Tenth Schedule does not create an unrestricted area of constitutional immunity.

The relationship between party discipline and legislative independence

The anti-defection law raises an important institutional question: how can Parliament preserve stable party-based government while ensuring that individual representatives retain a meaningful role in deliberation and legislative judgment?

Political parties are central to parliamentary democracy. They organise electoral competition, develop policy programmes, and provide the political basis for the formation of governments.

At the same time, excessive party control over legislative voting may affect the capacity of individual MPs to express independent views on particular legislative questions.

The Tenth Schedule therefore forms part of the wider constitutional balance between party organisation, government stability, and representative accountability.

It is important to distinguish the constitutional rules on disqualification from ordinary political disagreement within a party. Not every difference of opinion automatically results in disqualification. The legal consequences depend on the specific grounds and requirements of the Tenth Schedule.

14. Parliament’s Constitutional Functions Beyond Ordinary Legislation

Parliament performs several functions that are not limited to enacting ordinary statutes.

These include amending the Constitution, participating in specified electoral processes, exercising removal powers concerning certain constitutional authorities, and performing functions connected with national emergencies.

Constitutional amendment under Article 368

Parliament has the power to amend the Constitution under Article 368, subject to the prescribed procedure and substantive constitutional limitations.

A constitutional amendment Bill may be introduced in either House. It must be passed by each House separately by:

• A majority of the total membership of that House; and
• A majority of not less than two-thirds of the members of that House present and voting.

Certain amendments also require ratification by at least half of the State legislatures.

There is no joint sitting for constitutional amendment Bills. Each House must independently approve the proposed amendment.

The amendment power is substantial, but it is limited by the basic structure doctrine established in Kesavananda Bharati v. State of Kerala (1973). Parliament cannot use Article 368 to destroy or damage the essential features of the constitutional structure.

The doctrine protects the constitutional identity of India while allowing Parliament to adapt the Constitution to changing social, political, and institutional circumstances.

Participation in the election of the President

The elected members of both Houses of Parliament participate in the election of the President of India.

They form part of the electoral college together with the elected members of the State legislative assemblies and the elected members of the legislative assemblies of the Union Territories specified by the Constitution.

Nominated members of Parliament do not participate in the presidential election.

The electoral process is governed by Article 54 and the applicable constitutional and statutory provisions.

Election of the Vice-President

The Vice-President is elected by an electoral college consisting of the members of both Houses of Parliament.

Unlike the presidential electoral college, the Vice-President’s electoral college includes both elected and nominated members of Parliament.

Article 66 establishes the constitutional framework for this election.

Impeachment of the President

Parliament has a special constitutional role in the removal of the President.

Article 61 provides for impeachment on the ground of violation of the Constitution.

The charge may be initiated in either House. The procedure requires a resolution supported by the constitutionally prescribed majority, followed by consideration and investigation by the other House. Removal requires the prescribed special majority in both Houses.

This is a significant safeguard because it prevents the President’s removal through an ordinary political vote.

Removal of judges of the Supreme Court and High Courts

Parliament also participates in the constitutional process for the removal of judges of the Supreme Court and High Courts.

Under Article 124(4), a Supreme Court judge may be removed by an order of the President following an address by each House of Parliament supported by the required special majority, on the ground of proved misbehaviour or incapacity.

Article 217 applies the relevant constitutional framework to High Court judges.

The procedure is designed to protect judicial independence by preventing removal on ordinary political grounds or through a simple parliamentary majority.

Approval of emergency proclamations

Parliament has a constitutional role in approving Proclamations of Emergency under Articles 352, 356, and 360.

The applicable approval requirements and time limits vary according to the relevant constitutional provision.

The parliamentary approval requirement ensures that emergency powers are subject to legislative scrutiny rather than remaining solely within the executive’s discretion.

15. Parliamentary Sessions, Procedure, and Internal Organisation

Parliament operates through formal sessions and sittings. The Constitution establishes basic requirements, while the detailed conduct of business is regulated by the Rules of Procedure and Conduct of Business of each House.

Summoning and prorogation

Under Article 85, the President summons each House of Parliament to meet at such time and place as the President considers appropriate.

The Constitution requires that no more than six months elapse between the last sitting of one session and the first sitting of the next.

The President may also prorogue either House and dissolve the Lok Sabha.

The constitutional distinction between adjournment, prorogation, and dissolution is important:

• Adjournment suspends a sitting or meeting of a House until a later time.
• Prorogation terminates a parliamentary session.
• Dissolution ends the existence of the Lok Sabha and requires a new general election to constitute a new House.

The Rajya Sabha is not dissolved.

Presidential address

Article 87 requires the President to address both Houses assembled together at the commencement of the first session after each general election to the Lok Sabha and at the commencement of the first session of each year.

The address outlines the government’s programme and principal policy priorities.

It is followed by a discussion and motion of thanks, providing Parliament with an opportunity to debate the government’s agenda.

Quorum and voting

Article 100 governs voting in the Houses and establishes the constitutional rule concerning quorum.

Unless Parliament provides otherwise, the quorum to constitute a meeting of either House is one-tenth of the total number of members of the House.

Questions are ordinarily decided by a majority of members present and voting, except where the Constitution or parliamentary rules prescribe a different requirement.

The presiding officer generally does not vote in the first instance but may exercise a casting vote in the event of an equality of votes, subject to the constitutional rules.

Parliamentary secretariats

Article 98 provides for separate secretarial staff for each House of Parliament, subject to the constitutional and statutory framework.

The parliamentary secretariats support the administration of the Houses, preparation of proceedings, committee work, legislative documentation, and other institutional functions.

Their separate existence contributes to the institutional autonomy of Parliament and the orderly conduct of its business.

16. Parliamentary Limitations: Constitutional Supremacy and Judicial Review

Parliament’s lawmaking authority is broad, but the Constitution establishes legal limits that apply to all parliamentary action.

The principle of constitutional supremacy means that legislation must comply with the Constitution. Parliamentary majorities cannot remove constitutional restrictions merely by enacting an ordinary statute.

Fundamental rights

Part III of the Constitution guarantees fundamental rights. Parliament must respect these rights when legislating.

Article 13 provides that laws inconsistent with or in derogation of fundamental rights are void to the extent of the inconsistency.

The courts may therefore examine whether parliamentary legislation violates constitutional guarantees, including equality, freedoms, protections against arbitrary deprivation of life and personal liberty, and other fundamental rights.

Legislative competence

Parliament must also legislate within its constitutionally assigned sphere.

The division of powers between the Union and the States is principally governed by Articles 245–255 and the Seventh Schedule.

A parliamentary statute may be challenged if Parliament has legislated on a subject beyond its constitutional competence, unless a provision of the Constitution authorises Parliament to legislate in the relevant circumstances.

Judicial review

Judicial review is an essential feature of India’s constitutional system.

The Supreme Court and High Courts may examine the constitutional validity of legislation and executive action. The existence of parliamentary approval does not automatically make a law immune from constitutional scrutiny.

The judiciary does not replace Parliament as the ordinary lawmaking institution. Rather, it ensures that legislative authority is exercised within constitutional limits.

The basic structure doctrine

The basic structure doctrine places an additional substantive limit on Parliament’s power to amend the Constitution.

In Kesavananda Bharati, the Supreme Court held that Parliament may amend the Constitution but cannot destroy its basic structure.

The doctrine has been applied in decisions concerning constitutional amendments, judicial independence, federalism, democracy, secularism, judicial review, and other fundamental constitutional principles.

The relationship between Parliament and the judiciary is therefore based on constitutional limits rather than the unrestricted supremacy of either institution.

Parliamentary procedure and judicial scrutiny

Article 122 provides that the validity of parliamentary proceedings shall not be questioned in court on the ground of an alleged irregularity of procedure.

This protects Parliament’s internal procedural autonomy. However, it does not mean that every act undertaken within Parliament is immune from judicial review.

The courts may examine whether a constitutional requirement has been violated or whether an authority has acted beyond its lawful powers. The distinction between an internal procedural irregularity and a substantive constitutional violation remains important.

The Supreme Court’s constitutional materials explain that the Constitution binds the legislative, executive, and judicial branches and authorises judicial invalidation of unconstitutional legislation and governmental action. India+1

17. The Political and Democratic Significance of Parliament

Parliament is not merely a lawmaking institution. It is also the central national forum for representative political debate.

Its functions connect the electorate with the institutions responsible for governing the country.

Representation of citizens

The Lok Sabha provides direct representation of citizens through elected constituencies. MPs raise local concerns, participate in national debates, and bring constituency interests into the legislative process.

The Rajya Sabha adds a different form of representation by bringing State and Union Territory representatives into national lawmaking.

Deliberation and public debate

Parliament provides an institutional setting in which government proposals and public policies can be examined through debate.

The importance of deliberation lies in the opportunity to test arguments, expose weaknesses, and consider alternatives before decisions are translated into binding law.

Government accountability

The parliamentary system requires ministers to remain accountable to the Lok Sabha. Questions, motions, committee inquiries, and debates provide mechanisms for examining government conduct.

Public finance and democratic control

Parliament’s authority over taxation and public expenditure ensures that the executive must obtain legislative approval for the use of public funds.

This is a central element of democratic government because it connects financial decisions with representative accountability.

Constitutional continuity and adaptation

Through Article 368, Parliament can amend the Constitution within prescribed limits. This allows the constitutional framework to respond to changing circumstances while protecting its essential structure.

The parliamentary system therefore combines continuity with the capacity for institutional and legal adaptation.

Conclusion

The Parliament of India occupies a central position in the constitutional structure of the Union. Comprising the President, the Lok Sabha, and the Rajya Sabha, it combines direct popular representation with a second chamber that represents the States and provides institutional continuity.

The Lok Sabha is the principal directly elected chamber and has decisive authority in relation to the political survival of the Council of Ministers and the passage of Money Bills. The Rajya Sabha participates in ordinary legislation, constitutional amendments, and financial deliberation, while also exercising special powers under Articles 249 and 312.

Parliament’s functions extend far beyond the enactment of ordinary statutes. It authorises public expenditure, scrutinises the executive, examines legislation through committees, participates in constitutional amendment, and performs important electoral and removal functions concerning constitutional authorities.

Its powers, however, remain subject to constitutional limits. Fundamental rights, the federal distribution of legislative competence, parliamentary procedure, judicial review, and the basic structure doctrine all define the boundaries within which Parliament must operate.

The constitutional position of Parliament is therefore one of substantial authority within a system of constitutional supremacy. It is the central institution through which national legislation and representative deliberation take place, but it does not stand above the Constitution. Its legitimacy and effectiveness depend on the proper functioning of both Houses, respect for constitutional procedure, meaningful scrutiny of government, and the preservation of the democratic principles on which the parliamentary system is founded.

Key Takeaways

1. Article 79 establishes Parliament as consisting of the President, the Lok Sabha, and the Rajya Sabha.
2. India follows constitutional supremacy rather than unrestricted parliamentary sovereignty.
3. The Lok Sabha is the directly elected House of the People.
4. The Rajya Sabha is the Council of States and represents the States and Union Territories at the national level.
5. The Lok Sabha ordinarily has a five-year term but may be dissolved earlier.
6. The Rajya Sabha is a permanent House, with approximately one-third of its members retiring every two years.
7. The Speaker presides over the Lok Sabha, while the Vice-President is the ex officio Chairman of the Rajya Sabha.
8. The Council of Ministers is collectively responsible to the Lok Sabha under Article 75(3).
9. Ordinary Bills generally require approval by both Houses and presidential assent.
10. Money Bills can be introduced only in the Lok Sabha, and the Rajya Sabha has fourteen days to make recommendations.
11. Article 110 defines the constitutional meaning of a Money Bill.
12. Article 108 provides for joint sittings to resolve certain legislative deadlocks, but not for Money Bills or Constitution Amendment Bills.
13. Article 368 establishes the special procedure for constitutional amendments, including separate approval by both Houses.
14. Parliament exercises financial control through the Union Budget, demands for grants, appropriation legislation, and related financial procedures.
15. Parliamentary committees provide detailed scrutiny of legislation, government administration, and public expenditure.
16. Article 105 protects parliamentary freedom of speech and certain privileges and immunities.
17. The Tenth Schedule provides for disqualification on specified grounds relating to political defection.
18. Parliament participates in the election of the President and Vice-President and has constitutional powers relating to impeachment and removal procedures.
19. Judicial review allows courts to examine the constitutionality of parliamentary legislation.
20. The basic structure doctrine prevents Parliament from using its amendment power to destroy the essential features of the Constitution.

Frequently Asked Questions

1. What is the Parliament of India?

The Parliament of India is the national legislature of the Union. Under Article 79, it consists of the President, the Lok Sabha, and the Rajya Sabha. It makes laws, authorises public expenditure, scrutinises the executive, and performs several constitutional functions.

2. Why does India have two Houses of Parliament?

India has a bicameral legislature to combine direct representation of citizens with representation of States and Union Territories. The two Houses also provide additional opportunities for legislative debate, scrutiny, and reconsideration.

3. What is the difference between the Lok Sabha and the Rajya Sabha?

The Lok Sabha is directly elected by citizens and determines whether the Union government retains parliamentary confidence. The Rajya Sabha represents the States and Union Territories, is a permanent chamber, and participates in legislation and constitutional amendment. The Lok Sabha has overriding powers in relation to Money Bills, while the Rajya Sabha has special powers under Articles 249 and 312.

4. Is the President a member of Parliament?

The President is constitutionally part of Parliament under Article 79 but is not a member of either House. The President participates in the legislative process through constitutional functions such as summoning Parliament, addressing the Houses, and giving assent to Bills.

5. How long does the Lok Sabha remain in office?

The Lok Sabha ordinarily has a five-year term from the date appointed for its first meeting, unless it is dissolved earlier. Its term may be extended during a National Emergency, subject to the constitutional limits in Article 83.

6. Why is the Rajya Sabha called a permanent House?

The Rajya Sabha is not subject to dissolution. Approximately one-third of its members retire every two years, while members ordinarily serve six-year terms. This arrangement ensures institutional continuity.

7. Who presides over the Lok Sabha and the Rajya Sabha?

The Lok Sabha elects a Speaker and Deputy Speaker from among its members. The Vice-President of India serves as the ex officio Chairman of the Rajya Sabha, which also elects a Deputy Chairman from among its members.

8. Can a Bill be introduced in either House?

An ordinary Bill may generally be introduced in either House. A Money Bill, however, can be introduced only in the Lok Sabha. Constitutional amendment Bills may be introduced in either House but must be passed separately by both.

9. What is a Money Bill?

A Money Bill is a Bill containing only provisions dealing with the matters specified in Article 110, including certain taxation, borrowing, and public expenditure matters. The Speaker of the Lok Sabha certifies whether a Bill is a Money Bill.

10. Can the Rajya Sabha reject a Money Bill?

The Rajya Sabha cannot reject a Money Bill in the same way that it may reject an ordinary Bill. It may recommend amendments within fourteen days, but the Lok Sabha may accept or reject those recommendations. If the Rajya Sabha does not return the Bill within fourteen days, it is deemed to have been passed in the form approved by the Lok Sabha.

11. What happens when the two Houses disagree on an ordinary Bill?

Article 108 allows the President to summon a joint sitting in specified circumstances, including rejection of a Bill by one House, final disagreement over amendments, or failure to pass a Bill within the prescribed period. Joint sittings are not available for Money Bills or Constitution Amendment Bills.

12. What is Question Hour?

Question Hour is a parliamentary mechanism through which members ask ministers questions about government policy, administration, public expenditure, and other matters within their responsibilities. It is an important instrument of executive accountability.

13. What are parliamentary committees?

Parliamentary committees are smaller groups of MPs that examine legislation, government expenditure, ministry performance, and other matters. They allow more detailed scrutiny than is generally possible during full sittings of the Houses.

14. What is the Public Accounts Committee?

The Public Accounts Committee examines government expenditure and considers reports of the Comptroller and Auditor General. It helps Parliament scrutinise whether public money has been spent in accordance with parliamentary authorisation and financial rules.

15. What is parliamentary privilege?

Parliamentary privilege refers to constitutional protections and immunities that enable the Houses, their members, and committees to perform their functions independently. Article 105 protects freedom of speech in Parliament and provides immunity in respect of certain statements and votes made in parliamentary proceedings.

16. Can an MP be disqualified for changing political allegiance?

Yes. The Tenth Schedule provides for disqualification on specified grounds relating to defection, including voluntarily giving up membership of the political party on whose ticket the member was elected and certain forms of voting contrary to party directions.

17. Can Parliament amend the Constitution?

Yes. Parliament may amend the Constitution under Article 368, subject to the required special majorities and, for specified federal provisions, ratification by at least half of the State legislatures. The basic structure doctrine prevents amendments that would destroy the essential features of the Constitution.

18. Is Parliament subject to judicial review?

Yes. Parliamentary legislation and constitutional amendments are subject to judicial review within the relevant constitutional framework. Courts may examine legislative competence, fundamental rights, procedural constitutional requirements, and compliance with the basic structure limitation.

Further Reading and Official Legal Sources

Constitutional provisions

• The Constitution of India — Legislative Department, Ministry of Law and Justice
• Digital Sansad — Lok Sabha
• Digital Sansad — Rajya Sabha
• Lok Sabha — Introduction to Parliament
• Lok Sabha — Legislative Process
• Rajya Sabha — Introduction and Special Powers
• Lok Sabha — Parliamentary Committees

Principal constitutional provisions

• Articles 79–88: Constitution, composition, duration, and sessions of Parliament;
• Articles 89–98: Presiding officers and parliamentary secretariats;
• Articles 99–104: Membership, voting, disqualifications, and related matters;
• Article 105: Parliamentary privileges;
• Articles 107–111: Legislative procedure and presidential assent;
• Articles 108–110: Joint sittings and Money Bills;
• Articles 112–117: Parliamentary financial procedure;
• Articles 118–122: Parliamentary procedure and limitations on judicial inquiry into proceedings;
• Article 368: Constitutional amendment;
• Tenth Schedule: Disqualification on grounds of defection.

Important judicial decisions

• Kesavananda Bharati v. State of Kerala (1973) — the basic structure doctrine and limits on Parliament’s constitutional amendment power.
• Kihoto Hollohan v. Zachillhu (1992) — constitutional validity and judicial review of the anti-defection framework.
• Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007) — parliamentary privileges and judicial review.
• Sita Soren v. Union of India (2024) — the limits of legislative privilege in relation to bribery and criminal liability.

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