Important Legal Terminology of Indian parliament

Important Legal Terminology of Indian Parliament is a key component of Indian Polity, focusing on the technical terms and expressions used in parliamentary functioning and legislative procedures. These terminologies—such as adjournment, prorogation, ordinance, and quorum—help in understanding the legal and procedural framework of Parliament. A clear grasp of these terms is essential for interpreting debates, laws, and constitutional provisions effectively.

Important Legal and parliamentary Terminology mentioned in indian parliament

Kangaroo termination and kangaroo reduction

• When a bill is not scrutinized thoroughly but only the main provisions are discussed and then voted upon, it is called Kangaroo Enclosure.
• This is also called Kangaroo Cut Motion.
• The remaining clauses are considered passed without discussion.

Guillotine

• When a bill, motion or resolution is voted on without discussion → it is called guillotine.
• It mainly deals with demands for grants.
• Many demands are not discussed on the last day → they are also put to vote.
• Most of the demands are passed without discussion → this is called guillotine.

Casting Vote

• In Parliament, the presiding officer votes only when the votes of the ruling party and the opposition are equal.
• This is his casting vote.

Hung Parliament

• When no party gets a clear majority after the general elections.

Lame Duck Session

• The last session of the current Lok Sabha before the formation of the new Lok Sabha.
• Members who are not re-elected are called “lame ducks”.
• Lame Ducks Conference
  • When the elections have been held and the results have been declared but the new Lok Sabha has not been constituted, the old Lok Sabha is in session in the meantime → this is called lame duck session.
• Lemdak Session in India
  • This happened only twice (1957 and 1962).
  • Objective – To pass the Vote on Account so that the government can function till the formation of the new Lok Sabha.
  • There was no lame duck conference in the third Lok Sabha and later.

Floor crossing

• When a member leaves his party and works in the interest of another party or takes membership of it.

Deadlock

• When both houses have equal rights on a bill but there is no consensus.

Whip

• Officials appointed by each political party.
• He controls the conduct and voting of the members of his party in the House.

Shadow Cabinet

• British Parliamentary Tradition.
• The future or alternative cabinet of the opposition party.

Quorum

• Minimum number of members required for a meeting of the House.
• In the absence of quorum, the presiding officer suspends/adjourns the meeting.

Gerrymandering

• The system prevalent in America.
• The ruling party delimits the constituencies in such a way that it gets electoral advantage.

Minority Government

• A government that does not have a sufficient majority.

Interim Government

• Transitional Government.
• Government of India from 15 August 1947 to April 1952.

Caretaker Government

• When the government fails to secure a vote of confidence and continues to function until the elections.
• It only performs general functions and cannot take policy decisions.

Rest period and adjournment

• Recess – The period between two sessions.
• Adjournment – ​​The period between two meetings of the same session.

Joint meeting”, “joint session”, “joint session”, and “assembly meeting”

Joint Session

• The word “Joint Session” is not mentioned in the Constitution.

Joint Meeting

• Article 66 of the original Constitution provided for the election of the Vice President.
• It was removed by the 11th Amendment (1961).

Joint Sitting

• Joint sitting of both the Houses under Article 108.

Assembled Together

• According to Article 87(1), the President addresses both Houses after a general election and at the commencement of the first session of each year.

MP LADS

• Beginning – 1992-93.
• An MP can spend Rs 5 crore per year on development work.
• Funds → Expenditure through District Magistrate (DM).
• Member of Lok Sabha → in his constituency.
• Rajya Sabha member → in his state.
• Nominated Member → Anywhere in India.
• Supervised by – Ministry of Statistics and Implementation, Government of India.
• The Second Administrative Reforms Commission had recommended its abolition.

Types of majority

Simple majority

• One-half of the number of members present and voting.
• Use:
  • Passing the Money Bill, Finance Bill and the Budget.
  • Cut motion and adjournment motion.
  • Article 3: Alteration of area, boundaries or name of States.
  • Motion of confidence and motion of no confidence.
  • Majority of the Lok Sabha to remove the Vice President.
  • Approval of President’s rule (Article 356) and financial emergency (Article 360).
  • Election of the Speaker and Deputy Speaker of the Lok Sabha.
  • Constitutional amendments under Article 368 which are not sent to the states.
  • Article 169: Creation and abolition of Legislative Council.

Effective Majority

• One more than half the actual strength of the House (after deducting vacancies).
• Use:
  • Removal of the Vice President by the Rajya Sabha (Article 67(b)).
  • Removal of the Speaker and Deputy Speaker by the Lok Sabha.

Absolute Majority

• More than one-half of the total membership of the House
• Use:
  • The majority required to form a government after a general election.

Special Majority

• There are four types of special majority:
  1. Under Article 249 and Article 312
     • A two-thirds (⅔) majority of those present and voting.
     • Use:
       • Article 249: Rajya Sabha to declare a subject in the State List to be of national importance.
       • Article 312: Resolution by the Rajya Sabha declaring any service to be an All India Service.
  2. Article 368 – Constitutional Amendment
     • Majority of the total number of members of the House.
     • A two-thirds (⅔) majority of those present and voting.
       • Both conditions must be met.
     • Use:
       • Changes in Fundamental Rights and Directive Principles of State Policy.
       • Constitutional amendment under Article 368.
       • Article 169: Creation and abolition of Legislative Council.
       • Article 352: Proclamation of National Emergency.
       • Article 148: Removal of CAG.
       • Article 124(5): Removal of Judges of the Supreme Court.
       • Article 217(1): Removal of Judges of High Court.
  3. Article 368 – Amendment of the second kind
     • Majority of the total number of members of the House.
     • A two-thirds (⅔) majority of those present and voting.
     • Ratification by a simple majority of the legislatures of half the states.
       • The Assembly can pass a resolution to ratify the constitutional amendment.
       • The Assembly can reject the resolution
       • No amendment can be proposed to such a resolution.
     • Use:
       • Article 54: Electoral College of the President.
       • Article 55: Method of election of the President.
       • Extension of executive powers of the Union and the States.
       • Subject changes in the lists of the Seventh Schedule.
       • Articles 245–255: Legislative relations between the Union and the States.
       • Part V (Articles 124–147): Provisions relating to the Supreme Court.
       • Part VI (Articles 214–231): Provisions relating to High Courts.
       • Article 241: High Courts for Union Territories.
       • Article 279(A): GST Council.
       • Representation of states in Parliament.
       • Amendment to Article 368 itself.
  4. Article 61 – Impeachment of the President
     • Condition: Two-thirds (⅔) majority of the total membership of the Lok Sabha and the Rajya Sabha.
     • Use:
       • Impeachment of the President.
       • Removal of judges (majority of total members + ⅔ of those present and voting).
       • Removal of the Vice President: Majority of the current membership of the Rajya Sabha + consent of the Lok Sabha.
       • Articles 249 and 312: Resolution by Rajya Sabha with ⅔ majority.
       • Article 108: Majority of those present and voting at a joint meeting.

Order of Precedence of the Government of India

The Government of India’s order of precedence was issued on May 26, 1979, and is amended from time to time. The current table is as follows:

Sr. No.	Designation
1	President.
2	Vice President.
3	Prime Minister.
4	Governors in their respective states.
5	Former President.
5A	Deputy Prime Minister.
6	Chief Justice of India, and Speaker of the Lok Sabha.
7	Cabinet Ministers, Chief Ministers of States in their respective states, Vice Chairman of NITI Aayog, Former Prime Ministers, Leaders of Opposition in Rajya Sabha and Lok Sabha.
7A	A person awarded with Bharat Ratna.
8	Ambassadors Extraordinary and Plenipotentiary of other nations and High Commissioners of Commonwealth countries stationed in India, Chief Ministers of States outside their respective States, Governors of States outside their respective States.
9	Judge of the Supreme Court.
9A	Chairman of the Union Public Service Commission, Chief Election Commissioner, Comptroller and Auditor General of India.
10	Deputy Chairman of the Rajya Sabha, Deputy Chief Ministers of States, Deputy Speaker of the Lok Sabha, Members of the NITI Aayog, Ministers of State in the Union Council of Ministers (and other Ministers for Defence in the Ministry of Defence).
11	Attorney General of India, Cabinet Secretary or Cabinet Secretary,Lieutenant GovernorIn their respective Union Territories.
12	Chief of Army Staff with the rank of General or equivalent.
13	Envoy Extraordinary and Minister with full powers to the Foreign Office based in India.

Salient features of parliamentary government

1. Nominal and real executive
2. Majority party rule
3. Collective responsibility
4. Political homogeneity
5. Dual Membership
6. Prime Minister’s leadership
7. Dissolution of the lower house
8. The principle of confidentiality

Merits of Parliamentary System

The parliamentary system adopted in India has the following major merits/advantages:

1. Harmony between the legislature and the executive
2. responsible government
3. Prohibition of authoritarianism 
4. alternative government system

• According to Dr. Ivor Jennings: “The Leader of the Opposition is the alternate Prime Minister.”

5. Broad Representation

Demerits of the parliamentary system

1. Unstable Government – ​​Lack of Policy Continuity

• In a parliamentary system, the government depends on the support of a majority. Losing the majority can lead to the fall of the government, leading to frequent changes of government.
• Frequent changes in government prevent long-term policies from being effectively implemented. Changes in power often alter the policies of the previous government.
• Example:
  • Morarji Desai (1977–79)
  • Charan Singh (1979–80)
  • V. P. Singh (1989–90)
  • Chandrashekhar (1990–91)
  • H. D. Deve Gowda (1996–97)
  • I. K. Gujral (1997–98)

2. Cabinet Dictatorship

• When the ruling party has a clear majority, the cabinet becomes extremely powerful. Parliament’s control is weakened.
• Comment:
  • H.J. Laski: “The parliamentary system gives the executive the opportunity to be dictatorial.”
• Example:
  • Indira Gandhi (1975–77)
  • Rajiv Gandhi’s tenure

3. Against Separation of Powers

• There is no clear separation between the legislative and executive branches. The cabinet is comprised of both branches.
• Begahot:“The Cabinet is like a hyphen between the executive and the legislature.”

4. Rule by Inexperienced Individuals

• Ministers are selected from among members of Parliament, who may not necessarily be administratively skilled. The option of appointing outside experts as ministers is limited.

Reasons for the acceptance of the parliamentary system

• The framers of the Indian Constitution adopted the British parliamentary system over the American presidential system for the following reasons:

1. Proximity to the system
   • K. M. Munshi said: “Our constitutional tradition has become parliamentary, so why go back now?”
2. Greater priority for accountability
   • Dr. Bhimrao Ambedkar clarified in the Constituent Assembly that:
     • “A democratic executive must satisfy two conditions – stability and accountability.”
   • The presidential system provides stability, but not accountability.
   • The parliamentary system emphasizes accountability, which is more important in a democracy.
3. Avoiding conflict between the legislature and the executive
   • In the American presidential system, there is often conflict between the legislature and the executive.
   • Such conflicts could have brought instability at the beginning of democracy in India.
   • In the parliamentary system, cooperation between the two organs remains intact.
4. Nature of Indian society
   • India is a diverse, multilingual, multi-religious and multi-ethnic country.
5. Swaran Singh Committee
   • The committee concluded: “The parliamentary system is working well, so there is no need to change it to a presidential system.”

Conclusion

• The framers of India’s Constitution valued democratic accountability over political stability. Therefore, a parliamentary system was considered more appropriate and acceptable given the country’s pluralistic and complex social structure.

Ineffectiveness of parliamentary control in India

• The Indian Parliament’s control over the executive and administration is strong in theory, but in practice it appears to be ineffective. There are several reasons for this:
• The main reasons for the ineffectiveness of parliamentary control:
  • The vastness and complexity of administration– The Indian administration is so large and complex that Parliament lacks the time and expertise to exercise effective control.
  • Technical nature of Demands for Grants– Due to the complexity of financial matters, the financial control of the Parliament becomes weak.
  • Legislative dependence on the executive– Parliament itself depends on the executive in policy making.
  • Larger Parliament size– Due to this the process of operation and control becomes complex.
  • Majority support for the executive– Criticism of the ruling party becomes difficult due to its majority in the Parliament.
  • Limited role of financial committees– Institutions like the Public Accounts Committee investigate expenditure after it has been incurred, making the process akin to a post-mortem.
  • Use of the guillotine systemThis limits discussion on grant demands and weakens financial control.
  • Extent of delegated legislation– This shifts legislative powers to the executive.
  • Excessive ordinances –The President’s repeated promulgation of ordinances weakens the legislative role of Parliament.
  • Control of political nature –Parliamentary control is often loose, formal, and politicized.
  • Lack of a strong oppositionThe absence of an effective opposition and parliamentary decorum weakens control.

New Parliament House

• This building is part of the Central Vista project.
• Its total capacity is 1272 seats.

Construction and design

• Architect: Bimal Hasmukh Patel.
• The shape of the building is triangular.
• Foundation stone laying ceremony: Prime Minister Narendra Modi, 10 December 2020.Construction: By Tata Projects Limited.

Lok Sabha Chamber

• Theme: National Bird – Peacock.
• Peacock feather-like carvings on the walls and ceiling.
• Old building:
  • Capacity of Central Hall = 436 members.
  • Around 200 temporary seats were added to the aisles during joint sittings.
• New apartment:
  • Lok Sabha seats: 888 (earlier 552).
  • The Lok Sabha Chamber will now be used for joint sittings (in absence of Central Hall).

Rajya Sabha Chamber

• Theme: National Flower – Lotus.
• Decoration: Red carpet.
• Old Capacity: 250 members.
• New capacity: 384 members.

Other characteristics

• The Constitution Hall: Documenting the Journey of Indian Democracy.
• Construction Material:
  • Sandstone of Dholpur (Sarmathura).
  • Granite from Jaisalmer (Lakha village).
  • Nagpur wood.
  • Traditional handwoven carpets by weavers from Bhadohi, Uttar Pradesh.

Important symbols and statues

• Mahatma Gandhi Statue (16 feet high):
  • Installed at the main entrance of Parliament in 1993.
  • Now moved between the old and new building.
• National Emblem (Lion of Ashoka Pillar): Installed on the top of the building.
• Ashoka Chakra and Satyameva Jayate: inscribed on stones at the entrance.
• Golden Scepter (Sengol):
  • Given to Jawaharlal Nehru by priests from Tamil Nadu.
  • Now placed near the Speaker’s podium in the Lok Sabha chamber.
  • Meaning of “Sengol”: Follow policy, Relation: Chola Empire.
• Guardian statues at the entrances: elephant, horse, eagle, swan.

Central Vista Complex

• Includes: Rashtrapati Bhavan, Parliament House, North and South Blocks, India Gate, National Archives.
• Old Parliament House:
• Architect: Edwin Lutyens and Herbert Baker.
• Style: European Classicism.

Opening

• New Parliament building dedicated to the nation: Prime Minister Narendra Modi, May 28, 2023.
• Main gates: Gate of Knowledge, Gate of Power and Gate of Action.