Leader in Parliament and Parliamentary provisions

Leader in Parliament and Parliamentary Provisions is an important topic under Indian Polity, dealing with the role, powers, and responsibilities of key leaders who manage government business in the legislature. It highlights how parliamentary provisions ensure coordination between the executive and legislature, maintaining order, discipline, and effective law-making. This topic also reflects the procedural framework that upholds democratic governance in India’s parliamentary system.

Role of Leaders in Parliament

Role of Leaders in Lok sabha

• Leader of the House
  • It is only in the rules and regulations, not in the Constitution.
  • In the Lok Sabha, the Prime Minister is the leader of the House, provided he is a member of the Lok Sabha.
  • If the Prime Minister is from the Rajya Sabha, he appoints another minister from the Lok Sabha as the leader of the House.
  • In the Rajya Sabha, the Prime Minister himself or a minister nominated by him is the leader of the House.
• Historical facts
  • First Leader of the House in Lok Sabha: Jawaharlal Nehru
  • First Leader of the House in Rajya Sabha: N. Gopalaswami Ayyangar
  • Dr. Manmohan Singh (Prime Minister) was from Rajya Sabha, at that time Pranab Mukherjee (2004-12) and Sushil Kumar Shinde (2012-14) were the leaders of the House in Lok Sabha.
  • When Indira Gandhi became Prime Minister for the first time in 1966, she was a member of the Rajya Sabha and M.C. Chagla was the Leader of the Rajya Sabha.
• Present Status (18th Lok Sabha, 2024)
  • Leader of the House in Lok Sabha: Narendra Modi
  • Leader of the House in Rajya Sabha: JP Nadda
• In the Rajya Sabha
  • The Prime Minister nominates a Rajya Sabha member minister as the leader of the House.
• Importance:
  • They play an important role in the proper conduct of the proceedings of the House.
  • This is similar to the ‘Majority Leader’ of America.

Leader of the Opposition

• Recognition of the position
  • There is one Leader of the Opposition in each House.
  • To get the status of opposition party, a party needs at least 1/10 (10%) of the total number of seats in the House.
    • Lok Sabha: At least 55 seats.
    • Rajya Sabha: Minimum 25 seats.
  • This provision is not in the law but in the direction 121 of the Speaker of the Lok Sabha.
  • It is only in the rules and regulations, not in the Constitution.
• Role:
  • Criticizing the government and presenting alternative policies.
  • To prepare for an alternative government.
• Historical facts
  • 1965: First recognized.
  • 1977: This post got legal recognition.
  • December 18, 1969: Congress (O) was granted opposition status in the Rajya Sabha. First Leader of the Opposition: Shyam Nandan Mishra.
  • December 17, 1969: Congress (O) recognized in the Lok Sabha. First Leader of the Opposition: Ram Subhag Singh.
  • The Page Committee had recommended that this status be given to the leader of the largest opposition party.
  • The “Leader of the Opposition (Salaries and Allowances) Act” of 1977 came into force, giving statutory status to the post.
• Special Facts
  • There was no Leader of the Opposition in the Lok Sabha from 1980-89 and in the 16th Lok Sabha (2014-19) and 17th Lok Sabha (2019-24) as no party could secure 10% seats.
  • 18th Lok Sabha (2024): Congress secured 99+ seats → got opposition status.
  • Rahul Gandhi became the Leader of the Opposition from 9 June 2024.
• Importance
  • Consent of opposition leader is necessary for appointment to posts like Lokpal, Human Rights Commission, Central Vigilance Commission, Information Commission etc.
  • This post is even more important in coalition governments.
• Foreign comparisons
  • In America, the leader of the opposition is called “Minority Leader”.
  • Britain has a “Shadow Cabinet” system, where the opposition leader is called the “Alternative Prime Minister”.
  • Ivor Jennings:The leader of the opposition is called the “alternate Prime Minister”.

Whip

• Constitutional Status:
  • The position of whip is not mentioned in the Constitution of India, the Rules of the House, or parliamentary statutes. It is based on the conventions of parliamentary government.
  • Whip = “Hunter/Whip” (symbolizes enforcement of discipline).
• Appointment
  • Every political party (ruling/opposition) appoints its own whip.
  • There is a Chief Whip and other Deputy Whips.
• Role:
  • Ensuring the attendance of your team members.
  • Voting and controlling behavior.
  • If a member violates the whip, he may face termination of membership under the Anti-Defection Act.
• Special Facts
  • The Chief Whip of the ruling party is the Minister of Parliamentary Affairs.
  • The whip is criticized because it limits the freedom of MPs.
  • Whips are a feature of parliamentary rule, not presidential rule.

Privileges of Members of Parliament

Article 105: Privileges of Members of Parliament

General Provisions

• Parliamentary privileges are special rights, immunities and exemptions enjoyed by both Houses of Parliament, their committees and members.
• Their objective is to maintain the independence, dignity and efficiency of the Parliament.
• Parliamentary privileges are determined by the Parliament itself through law.
• Until the privileges were fixed by Parliament (44th Constitutional Amendment, 1978), the same privileges continued to apply as were enjoyed by the members of the British Parliament (House of Commons) on 26 January 1950.
• The 44th Amendment, 1978, only removed the reference to the British Parliament, but did not make any changes to the privileges.
• The privileges of the Lok Sabha, Rajya Sabha and State Legislatures are equal under Articles 105 (Parliament) and 194 (Legislature) of the Constitution.
• These rights are also available to the Attorney General of India and Union Ministers when they speak or participate in Parliament.

Note:The President does not enjoy these privileges, even though he is a part of the Parliament.

Classification:

1. Collective Privileges

1. Individual Privileges
2. Privileges of Parliamentary Committees

Privileges Committees

• Lok Sabha → 15-member committee nominated by the Speaker
• Rajya Sabha → 10-member committee nominated by the Chairman

Individual Privileges

1. Exemption from arrest
   • A member cannot be arrested 40 days before and 40 days after the session of the House, committee meeting or joint meeting.
   • This exemption is only in civil cases, not in criminal or preventive detention cases.
2. Exemption from attendance as a witness
   • No MP can be summoned to testify during the session.
3. Freedom of speech
   • An MP will not be held accountable in court for what he says in Parliament/Committee.
   • But this freedom is subject to the internal functioning and rules of the House.

Collective Privileges

• The two Houses of Parliament collectively have the following powers:
  1. Right to publish proceedings, debates, reports etc. and not to allow others to publish them without permission.
     • Note: According to the 44th Amendment (1978), the press has the freedom to publish true reports even without the permission of the House (except on secret meetings).
  2. Can call a secret meeting and expel guests from the House.
  3. It can make rules for the conduct of its work.
  4. Can punish anyone for breach of privilege or contempt (can also expel members).
  5. The right to be informed immediately of the arrest or conviction of a member.
  6. Right to investigate and call for witnesses and documents.
  7. Courts cannot inquire into the proceedings of Parliament.
  8. No member can be arrested within the House premises without the permission of the Presiding Officer.

Breach of privilege and contempt of the House:

• Breach of Privilege:
  • When any person or organization violates the privileges of the Parliament or its member, that is, defames the Parliament, it is called Breach of Privilege.
  • Article 122: The court shall not inquire into the proceedings of Parliament.
  • This is a punishable offence.
• Contempt of the House:
  • Any act or omission which disrupts the proceedings of Parliament or lowers its dignity.
  • This is broader than breach of privilege.
• Significant difference:
  • Every breach of privilege may amount to contempt of the House, but not every contempt is a breach of privilege.
  • Disobeying the order of Parliament – ​​Not a breach of privilege, but may amount to contempt.
• Example:
  • 1976 → Subramanian Swamy expelled from Rajya Sabha.
  • Indira Gandhi expelled from the Lok Sabha.
  • Amrinder Singh vs Special Committee (2010): A member cannot be expelled for past actions.
  • S.M. Sharma vs Srikrishna Sinha (1958): Privileges of Parliament vs Fundamental Rights – Parliament privileges will take precedence.

Sources of Privileges:

1. Constitution (Article 105)
   • Freedom of speech and right to publication of proceedings.
2. Traditions of the British House of Commons
   • Until Parliament codifies them, they are recognised as of 26 January 1950.
3. 44th Amendment (1978)
   • Other privileges were also considered valid from 20 June 1979.
4. Special Laws– Laws made by the Parliament
5. Rules and traditions of the House.
6. Judicial decisions and interpretations

PV Narasimha Rao case (1998)

1. Subject
   • The matter is related to the privileges of MPs and MLAs.
   • Particularly relating to the interpretation of Articles 105(2) and 194(2).
   • This provision gives MPs/MLAs protection from judicial action for speaking or voting in the House.
2. Article 105(2)
   • No action will be taken in the court on anything said or any vote given by an MP in Parliament or in a committee.
   • There will be no judicial proceedings on the publication of proceedings, votes, letters or reports of Parliament or its committees.
3. Background (1993)
   • The CPI(M) moved a no-confidence motion against the Congress government of Prime Minister P.V. Narasimha Rao.
   • Congress did not have a clear majority.
   • The government secured 265 votes (251 against) with the support of Jharkhand Mukti Morcha (JMM) and Janata Dal MPs.
   • The government survived, but allegations arose that JMM MPs had been bribed.
   • This case became famous as the “note for vote” scandal.
4. Supreme Court verdict (1998)
   • The case reached the Supreme Court after three years.
   • The five-member bench gave a majority decisionVoting in the House is a privilege of MPs (Article 105(2)).
   • MPs cannot be criminally prosecuted even if they accept bribes.
   • That means JMM MPs got security.
5. Sita Soren case (2012)
   • JMM MLA Sita Soren took bribe and cast her vote in the Rajya Sabha elections.
   • A criminal case was filed against him.
   • Soren sought protection from the Supreme Court under the PV Narasimha Rao case (1998) judgment.
6. New decision (March 2024)
   • The matter again went to a larger bench (7 members) headed by Chief Justice DY Chandrachud.
   • The bench reviewed the 1998 decision and unanimously overturned it.
7. Decision:
   • Bribery will not be exempted from parliamentary privileges
   • .Legislative privileges must conform to constitutional norms.

Distribution of seats in Parliament

S. No.	States/Union Territories	Rajya Sabha seats	Lok Sabha seats
State
1	Andhra Pradesh	11	25
2	Arunachal Pradesh	1	2
3	Assam	7	14
4	Bihar	16	40
5	Chhattisgarh	5	11
6	Goa	1	2
7	Gujarat	11	26
8	Haryana	5	10
9	Himachal Pradesh	3	4
10	Jammu and Kashmir	4	6
11	Jharkhand	6	14
12	Karnataka	12	28
13	Kerala	9	20
14	Madhya Pradesh	11	29
15	Maharashtra	19	48
16	Manipur	1	2
17	Meghalaya	1	2
18	Mizoram	1	1
19	Nagaland	1	1
20	Odisha	10	21
21	Punjab	7	13
22	Rajasthan	10	25
23	Sikkim	1	1
24	Tamil Nadu	18	39
25	Telangana	7	17
26	Tripura	1	2
27	Uttarakhand	3	5
28	Uttar Pradesh	31	80
29	West Bengal	16	42
Union Territories
1	Andaman and Nicobar Islands	–	1
2	Chandigarh	–	1
3	Dadra and Nagar Haveli	–	1
4	Daman and Diu	–	1
5	Delhi (National Capital Territory)	3	7
6	Lakshadweep	–	1
7	Puducherry	1	1
Nominated Member
1	Member nominated by the President	12	2(104th Amendment Act, 2019) Repealed
Total		245	545(Present -543)

Seats reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in the Lok Sabha(Positions in Parliament after 2008 delimitation)

States/Union Territories	Total	SC	A.J.J.
Rajasthan	25	4	3
Total Seats	543	84	47

Duration and dissolution details of Lok Sabha

Session, prorogation and dissolution of Parliament

Sessions of Parliament

Summoning

• The President summons each House of Parliament from time to time for session.
• Maximum gap: Cannot exceed 6 months between two sessions.
• Annual Sessions: There are usually 3 –
  • Budget Session: February – May
  • Monsoon Session: July – September
  • Winter Session: November – December

Prorogation

• This is the formal process of ending the session by the President.

Adjournment

• To suspend the sitting of Parliament for some time (hours/days/weeks).
• Meetings are usually held in two sessions:
  • Morning: 11:00 AM – 1:00 PM
  • Afternoon: 2:00 PM – 6:00 PM

Summoning of Parliament – ​​Article 85(1)

• The President summons both the Houses of Parliament (Lok Sabha and Rajya Sabha), that is, orders the members to be present in the House.
• There can be a maximum gap of 6 months between the last meeting of one session and the first meeting of the next session.
• This means that Parliament must meet at least twice a year.
• The President can also call a special meeting at times.
• The period between two sessions is called recess.

Ordinary sessions of Parliament

• There are usually three sessions of Parliament in India:
  1. Budget Session – February 1st to May 7th (the longest and most important).
  2. Monsoon Session – July 15th to September 15th.
  3. Winter Session – November 5th (or the fourth day after Diwali, whichever is later) to December 22nd.

Summoning order

• The President can summon both Houses of Parliament by separate order under Article 85(1).
• It is not necessary that the Lok Sabha and the Rajya Sabha be summoned and prorogued simultaneously or on the same date.
• Since 1962, the meetings of both the houses usually start together.
• Specific example: 28 February 1977 – Lok Sabha was dissolved and election process was underway, but only Rajya Sabha was called to extend the period of President’s rule.

Prorogation – Article 85(2)(a)

• The termination of the session of a House by the order of the President is called prorogation.
• This is the end of the session, not of Parliament.
• The President prorogues the session after consultation with the Prime Minister and the Council of Ministers.
• The prorogation can be done at any time, even if the House is in session.
• The order takes effect immediately (not retroactive or past target).
• After prorogation:
  • Resolutions and motions pending in the House lapse.
  • But the bills don’t end there.
• The period between the recess of the session and the next session is called Inter-session / Recess.
• The period between the adjournment of a meeting and the next meeting is called Adjournment.

Adjournment

• Adjournment means – temporarily stopping the work of the House.
• Adjournment can only be done by the Speaker (Lok Sabha) or the Chairman (Rajya Sabha).
• This can be done for a fixed period or indefinitely (Adjournment Sine Die).
• After an adjournment sine die, the President generally prorogues the House.
• If the quorum is not complete, the presiding officer can suspend the meeting.
• If the meeting is stopped for any other reason, it is called adjournment and not suspension.

Adjournment sine die

• This means adjourning the House without announcing the date of its next meeting.
• This decision is taken by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
• The Speaker/Chairman may call the meeting before or after the pre-decided date/time as per the requirement.

Adjournment vs. Prorogation

S. No.	Postponement	Prorogation
	It just ends a meeting and not a session.	This ends not only the meeting but also the session of the House.
	This is done by the presiding officer of the House.	This is done by the President.
	This does not affect any bill or business pending in the House as the same work can be taken up in the next meeting.	This also does not affect any bill, but a new notice must be given in the next session for the remaining business.13 In Britain, a prorogation is considered to terminate a bill or other pending business.

Sittings

• The Speaker/Chairman of each House has the right to decide the dates of meetings.
• Government consent is not necessary for this.
• Usually this decision is taken on the wishes of the House or on the recommendation of the Business Advisory Committee.

Dissolution of the Lok Sabha – Article 85(2)(b)

• Dissolution occurs only in the Lok Sabha (Rajya Sabha is a permanent house, it cannot be dissolved).
• The President dissolves the Lok Sabha on the advice of the Prime Minister and the Council of Ministers.
• Consequences of Disintegration:
  • The term of the Lok Sabha ends.
  • General elections are held for the new Lok Sabha.
• Dissolution can be of two types:
  • On completion of the term of Lok Sabha for 5 years (Article 83(2)).
  • Before completion of 5 years by order of the President.
• After dissolution, the Lok Sabha can reassemble only after elections.
• After the dissolution of the Lok Sabha:
  • All motions, resolutions, petitions, etc. are abolished.
  • The status of bills varies.

Status of Bills after the dissolution of the Lok Sabha – Article 107

• Expiring Bills
  • A bill under consideration in the Lok Sabha (whether introduced for the first time or coming from the Rajya Sabha).
  • Bill passed by Lok Sabha but pending in Rajya Sabha.
• Non-expiring bills
  • A bill pending due to disagreement between the two Houses, if the President has summoned a joint sitting.
  • A bill under consideration in the Rajya Sabha which originated there and has not reached the Lok Sabha.
  • A bill passed by both the Houses and pending assent of the President.
  • A bill passed by both the Houses and returned by the President for reconsideration.

Quorum

• The minimum number of members required to conduct the proceedings of the House is called “quorum”.
• This number is 1/10th of the total number of members of the House:
• Lok Sabha: 55 members
• Rajya Sabha: 25 members
• If the quorum is not complete, the Speaker/Chairman has to adjourn the House or stop the proceedings.

Voting in the House

• In ordinary cases, the decision is taken by a majority of the members present.
• In some special cases (like impeachment, constitutional amendment etc.) special majority is required.
• The Speaker/Chairman does not normally vote, but has a casting vote in case of a tie.
• The proceedings are considered valid despite the presence of unauthorized members or vacancies.

Voting process in Lok Sabha

1. The Chairman finally asks the question:
   • Members in favour of the motion say ‘Aye’.
   • In protest, the members say ‘No’.
2. The Chairman declares: “I think the motion is in favour of the Ayes (or Noes).”
   • If no member objects, they say: “Ayes (or Noes) have it” and the motion is passed.
3. If the decision is challenged:

1. The Speaker orders the lobby to be cleared.
2. Ask the question again after 3 minutes and 3 seconds.
3. If there is still an objection, the votes are recorded:
   1. Automatic Vote Recorder
   2. voting by slip
   3. Go to the lobby and vote
4. If the Speaker thinks that a division is not necessary, he may say:
   1. Members with “Ayes” and “Noes” should stand in their places.
   2. The result will be announced after the vote count. (The names of the voters are not recorded.)

Language in Parliament

1. According to the Constitution, the language of proceedings of Parliament is Hindi and English.
2. The presiding officer may permit a member to speak in his mother tongue.
3. Parallel translation arrangements are available in both the Houses.
4. There was a provision in the Constitution that the English language would be abolished after 15 years (i.e. in 1965) from the date of implementation of the Constitution (1950).
5. Under the Official Languages ​​Act, 1963, English was allowed to be used along with Hindi.

Session and powers of Ministers and Attorney General

• The daily meeting of the Houses of Parliament is called a sitting.
• Powers of ministers
  • Any minister can attend and speak in the meetings of both the Houses.
  • He can vote only in the House of which he is a member.
  • Even if a minister is not a member of any House, he can still participate in the meeting and speak, but cannot vote.

• The Parliamentary Secretary does not have this authority.
• Attorney General
  • Can attend meetings of both Houses, joint sittings and parliamentary committees.
  • Can speak, but does not have the right to vote.
  • The Attorney General is not a member of Parliament, yet can attend meetings.

Lame-duck Session

• This is the last session of the current Lok Sabha before the new Lok Sabha is formed.
• Those members of the current Lok Sabha who are not re-elected to the new Lok Sabha are called ‘lame ducks’.

Rajya Sabha and Lok Sabha powers

Equal powers of Rajya Sabha and Lok Sabha:

• Presentation and passing of ordinary bills and Constitution Amendment Bills.
• Election of the President and the process of impeachment.
• The Vice President is elected (by both Houses), but the Rajya Sabha takes the initiative to remove him.
  • Rajya Sabha passes the resolution → then Lok Sabha’s consent is required.
• To recommend to the President for the removal of judges of the Supreme Court and High Courts, the Chief Election Commissioner and the Comptroller and Auditor General (CAG).
• To approve the ordinance issued by the President.
• To approve all three types of emergency (national, state, financial) declared by the President.
• The Prime Minister and Ministers can be members of any House.

Special powers of the Lok Sabha

• Adjournment Motion, No-Confidence Motion, Confidence Motion and Censure Motion can be introduced only in the Lok Sabha.
• The Council of Ministers is collectively responsible only to the Lok Sabha.
• Money Bill can be introduced only in the Lok Sabha.
• The Rajya Sabha cannot amend a money bill, it can only make recommendations. The final decision rests with the Lok Sabha.
• The Rajya Sabha can discuss the budget, but not vote on it. Only the Lok Sabha has the right to vote on demands for grants.
• The joint sitting of both the Houses is presided over by the Speaker of the Lok Sabha.
• The majority of the Lok Sabha is effective in a joint sitting.
• Only the Lok Sabha can pass a resolution to end the National Emergency (Article 352).

Special powers of Rajya Sabha:

1. Can allow legislation on the State List – Under Article 249.
2. Can create new All India Services – Under Article 312.
3. Resolution to remove the Vice President.

Instruments of parliamentary proceedings

Question Hour

• The first hour of Parliament (11–12 am) is called Question Hour.
• MPs ask questions to ministers. There are three types of questions:
  • Starred Questions – Answered orally; supplementary questions may be asked. (15 days’ notice)
  • Unstarred question – a written answer is given; there are no supplementary questions.
  • Short Notice Question – Question of public importance, 10 days prior notice, answer orally and supplementary questions can be asked.
• Questions can be asked not only to ministers but also to private members, if the subject is related to their work.
• Printing colour of questions:
  1. Starred – Green
  2. Unstarred – White
  3. Short Notice – Pink
  4. Private Member Question – Yellow
• Lok Sabha
  • A member can ask only 1 starred question per day.
  • Total 20 starred questions in a day.
  • Maximum 230 unstarred questions per day.
  • A member can ask a maximum of 4 unstarred questions if he asks a starred question and 5 unstarred questions if he does not ask a starred question.
• Rajya Sabha
  • Maximum unstarred questions per day – 175
  • Other rules same as Lok Sabha.

• Zero Hour
  • After Question Hour from 12–1 pm.
  • In practice since 1962, a special contribution of the Indian parliamentary tradition.
  • Discussion on important topics without prior notice.
  • The minister is not bound to give an immediate reply.
  • It is not mentioned in the constitution or rules; it is an informal process.
  • In the words of Prof. N. G. Ranga – “The beginning of Zero Hour is a very unique and exciting event.”

• Short-term discussions
  • A gift of Indian tradition.
  • Usually two days a week, about 2 hours.
  • Discussion on matters of public importance.
• Half an hour debate
  • On a matter of substantial public importance.
  • Usually three days a week.
  • Permission of the presiding officer is required.
• Motions
  • Members bring motions to express their views/wishes.
  • Debate on any issue of public importance is possible only with the presiding officer’s approval. The House expresses its opinion or decision on various subjects by adopting or rejecting a motion introduced by a minister or private member.
  • Main types:
    • Original proposal (Substantive Motion) – Independent motions like impeachment, removal of Chief Election Commissioner, vote of thanks etc.
      • Motion of no confidence
      • breach of privilege motion
      • Motion of Thanks on Special Address
  • Substitute Motion –It replaces the original offer. Upon acceptance, the original offer is revoked.
  • Subsidiary Motion –Dependent on the original motion, such as a motion to amend a bill.
  • It has no meaning on its own; it is related to the original proposition. There are three types:
    • Supporting proposals– Used to assist with routine tasks.
    • Motion to substitute– Takes the place of a motion during debate.
    • Amendment proposal– It is brought to change any part of the original proposal.

No-Confidence Motion

• According to Article 75(3), the Council of Ministers is collectively responsible to the Lok Sabha.
• It is not necessary to give reasons for accepting it in the Lok Sabha.
• It can be brought only against the entire Council of Ministers.
• It is brought to determine the confidence of the Lok Sabha in the Council of Ministers.
• If it is passed in the Lok Sabha then the Council of Ministers has to resign.
• This proposal requires the support of 50 members.
• The debate on the no-confidence motion against the Cabinet takes place within 10 days from the date of obtaining the permission of the House to bring the no-confidence motion in the House.
• Mentioned in Rule 198(1) of the Lok Sabha Rules of Procedure.
• First no-confidence motion: 1963, against the Nehru government, by J.B. Kripalani.

Motion of Confidence

• It is brought by the government, not by the opposition party.
• Under “Matters of Public Interest” under Rule 184 of Lok Sabha Procedure.
• First time used: 1979, President asked Charan Singh to prove majority.
• Example: V.P. Singh (1990) and Deve Gowda (1997) lost the vote of confidence.
• Atal Bihari Vajpayee (1999) lost the vote of confidence by one vote.
• Manmohan Singh (2008) won the confidence motion.
• Till August 15, 2023, 9 confidence motions have been moved.

Censure Motion

• Only in the Lok Sabha.
• For criticism of any minister/ministers by the opposition.
• It is necessary to give reasons.
• It is against an individual minister or a group of ministers (not against the entire Council of Ministers).
• It differs from a no-confidence motion in that it only condemns a policy or action; if passed in the Lok Sabha, the Council of Ministers does not have to resign.

Motion of no confidence	Censure motion
No reason is required to be given	Reasons must be given (reasons for censure must be explained)
Against the entire Council of Ministers	Against a single minister or a group of ministers
To determine the confidence of the Council of Ministers	To criticize the policies or actions of ministers
If passed, the Council of Ministers is required to resign compulsorily.	Resignation not necessary if passed
Accepted with the permission of the Lok Sabha (House)	The decision of the Chairman is final

• Calling attention motion
  • This procedure is outlined in rules and has been in existence since 1954. Indian Parliamentary Gifts.
  • To draw the attention of a Minister to a matter of immediate public importance with the permission of the Chairperson.
• Adjournment Motion
  • To adjourn the proceedings only to discuss matters of grave, urgent, public importance of national importance.
  • Only in the Lok Sabha.
  • Support of 50 members required.
  • General proceedings adjourned, then discussion for at least 2.30 hours.
  • Only on one specific subject, that too of public importance.
• Breach of privilege motion
  • It is brought when a member feels that a minister has violated the privilege of the House or its members.
  • Its purpose is to condemn the concerned minister.
  • One can approach the judiciary on contempt of the House.
• Cut Motions
  • Only in the Lok Sabha, for reduction in budgetary grants. Type:
    • Economy Cut Motion – A deduction of a fixed amount.
    • Token Cut Motion – A deduction of only ₹100 for criticizing a policy.
    • Disapproval of Policy Cut Motion – A reduction of a grant of only ₹1 for disapproving a policy.
  • A cut motion is introduced when a member calls for a vote to end the discussion. There are four main types:
    • Simple deduction: The discussion is over, now voting should be done.
    • Cut into components: A bill or a group of proposals is taken up for discussion and the entire clause is voted on.
    • Kangaroo Cut: Only important clauses are debated, the rest are considered passed.
    • Guillotine motion: If parts of a bill have not been discussed, then due to time limit they are put to vote without discussion.
  • The Speaker of the Lok Sabha decides whether to accept the cut motion or not.

• Motion of Thanks
  • The address given by the President in the inaugural session of Parliament is discussed.
  • It must be passed by both houses. If rejected, it is considered a defeat for the government.
• Motion on No-Day-Yet-Named
  • A motion for which no date is fixed for discussion.
  • The date is fixed in consultation with the Speaker and the Leader of the House.
• Justification Question (Point of Order)
  • When the proceedings of the House do not proceed as per the rules, then the members draw attention through this.
  • There is no debate allowed on this.
• Special Mention
  • Provision for raising important matters in the Rajya Sabha.
  • In the Lok Sabha, this procedure is known as ‘notice’ under Rule 377.
• Resolution
  • It is brought to draw attention to matters of general public interest.
  • Type:
    • Private Member’s Resolution: Brought in by a private member on Friday.
    • Government Resolution: Moved by the Minister between Monday to Thursday.
    • Statutory Resolution: It is brought in accordance with the provisions of an Act or the Constitution.
  • Every resolution is a motion, but not every motion is a resolution.
  • Such resolutions which are laid on the table of the House in accordance with the provisions of the Constitution or any Act of Parliament are called statutory resolutions.
  • Under the Constitution, resolutions can be introduced in Parliament for the following purposes:
    • Impeachment of the President – ​​Article 61
    • Removal of the Vice President from office – Article 67
    • Removal of the Deputy Chairman of the Rajya Sabha – Article 90
    • Removal of the Speaker or Deputy Speaker of the Lok Sabha – Article 94
    • Approval of ordinances promulgated by the President – ​​Article 123
    • Parliament can legislate on any matter in the State List – Article 249
    • Approval of emergency proclamations –
      • National Emergency (Article 352)
      • Failure of the constitutional machinery in the State (Article 356)
      • Financial Emergency (Article 360)

Difference between resolution and motion

• All resolutions fall into the category of original motions. Every resolution is a type of motion, but not every motion is necessarily a resolution.
• Voting is compulsory on all resolutions, while voting is not necessary on all motions.
• A substitute motion cannot be moved on a resolution.
• Substitute motions may be submitted to the original motions.

Some important rules of parliamentary procedure (Lok Sabha)

1. Rule 193
   • Used to discuss a matter of urgent public importance.
   • Any member gives written information to the Secretary General with clarity and facts.
   • Under this rule, only discussion takes place, not voting.
2. Rule 184
   • With the permission of the Chairman, matters of public interest are discussed.
   • Under this rule, voting also takes place along with discussion.
   • Confidence Motion comes under this rule.
3. Rule 377
   • Provision for raising matters which cannot be raised under other rules (questions, short notice questions, motions, etc.).
   • Under this rule, Lok Sabha members can raise a maximum of 20 matters in a day.

Youth Parliament

• This scheme was started on the recommendation of the Fourth All India Whips Conference.
  • Objective:
    • To make the youth aware of the parliamentary procedures.
    • To increase understanding of discipline and democratic values.

Legislative process in Parliament

Main functions of the Parliament

• The main function of the Parliament is law making.
• The stages of every bill are the same in both the Houses (Lok Sabha and Rajya Sabha).

Types of Bills in Parliament

• There are two types of bills in the Parliament –

1. Government Bill
2. Private Member’s Bill

Government Bill vs. Private Member Bill

S.No.	Government Bill	private member’s bill
1	It is presented in the Parliament by the Minister.	It is presented in the Parliament by a member other than the Minister.
2	This bill reflects the policies of the government.	This bill reflects the opinion or suggestion of the opposition or other members.
3	It has a higher chance of passing.	It is less likely to pass.
4	If rejected, the government may have to resign.	If rejected, there is no impact on the government.
5	A notice of 7 days has to be given to present it.	To present it, a notice of 1 month has to be given.
6	This bill is prepared in consultation with the Law Department.	Its draft is prepared by the concerned member himself.
7	–	Only 14 private members’ bills have been passed till 2023-24.First: The Muslim Waqf Bill, 1952 (passed in 1954, introduced by Syed Mohammad Ahmad Kasni).Final: Extension of the Supreme Court (Criminal Appellate Jurisdiction), 1970.

Types of Bills Based on Procedure

1. Ordinary Bill –
   • All Bills other than those on financial matters and Constitution Amendment Bills.
2. Money Bill –
   • Related to financial matters like taxation, public expenditure etc.
3. Finance Bill –
   • Related to financial matters other than Money Bill.
4. Constitutional Amendment Bill –
   • For constitutional amendment.
5. Ordinary Bill:
   • It is not specifically defined in any article of the Indian Constitution.
   • Bills introduced in the Indian Parliament that do not fall into the categories of constitutional amendments, money bills, or financial bills are called general laws.

Steps in Passage of Ordinary Bill

1. First Reading:
   • According to Article 107, an ordinary bill can be introduced in either House.
   • It can be both government or non-government.
   • Before presentation, advance notice has to be given to the presiding officer.
   • If the bill is published in the Gazette before its presentation, no permission is required.
   • After presentation (if not earlier) it is published in the Gazette.
   • The presenter states the title and purpose of the bill.
   • There is no discussion at this stage.
   • The presentation of the bill and its publication in the gazette is called the first reading.
   • Any number of ordinary bills can be introduced in a day.
2. Second Reading:
   • This stage involves a detailed review of the bill. It consists of three sub-stages:
3. Stage of simple debate:
   1. Copies of the Bill are distributed among the members.
   2. There is a general discussion on the objectives and principles of the bill.
   3. Four options:
      1. The House itself should immediately discuss it.
      2. be sent to the Select Committee.
      3. be referred to the Joint Committee.
      4. It should be made public for public opinion.

1. Select Committee: Members of the same House only.
2. Joint Committee: Members of both the Houses.
   • Committee Stage:
     • Normally, the bill is referred to the Select Committee.
     • The committee reviews the bill clause-wise and in detail.
     • The committee cannot change the basic form/subject of the bill.
     • After review, the Committee returns it to the House with its suggestions.
   • Discussion Stage:
     • The House discusses each section of the Bill in detail.
     • Voting takes place on each clause.
     • Amendments may be proposed, which, if accepted, become part of the Bill.
3. Third Reading:
   • The bill is discussed only for acceptance or rejection.
   • Amendment not possible.
   • If passed by majority, it is sent to the other house.
4. Procedure in the Second House:
   • The same three readings take place in the second house also.
   • The second house has four options –
     • Pass it as it is, without amendment → will be sent to the President.
     • Pass the amendment and return it to the first house → If the first house rejects it then there is a deadlock.
     • Rejection of the bill.
     • Not taking action on the bill and keeping it pending for 6 months.
   • If deadlock occurs in the above 3 situations, then to resolve the deadlock –
     • The President can call a joint meeting of both the Houses.
     • If it is passed by a majority in the joint sitting, the bill is considered passed.
5. President’s assent (under Article 111):
   • The bill is sent to the President. The President has three options:
     • To give approval– The bill becomes an Act (law).
     • Withhold approval– The President can delay taking a decision.
     • Send back for reconsideration– If the President returns the bill to the Parliament for reconsideration and the Parliament returns it to the President with or without amendments, the President is bound to give his assent to it.
   • The President can only use the “Suspensive Veto”.

Money Bill

• Article 110 –The definition of a money bill is given.
• Article 109 –States the procedure for passing a Money Bill.
• Subjects of a Money Bill (Article 110)
  • The imposition, removal or alteration of any tax (imposition, abolition, remission, alteration or regulation).
  • Borrowing of money by the government.
  • Custody of the Consolidated Fund or Contingency Fund of India and deposit or withdrawal of money therein.
  • Appropriation of money from the Consolidated Fund.
  • To charge any expenditure to the Consolidated Fund.
  • Receipt of money from the Consolidated Fund or the Public Accounts Fund and audit of the accounts of the Union or the State.
  • The Appropriation Bill and the Annual Finance Bill are considered Money Bills.
• But the following are not included in the Money Bill:
  • Imposing fines,
  • License fees,
  • Taxes levied by local authority/body.
• Certification of Money Bill
  • If a question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the Lok Sabha is final. [Article 110(3)]
  • The Speaker of the Lok Sabha must give a certificate on every money bill. This happens twice:
    • (i) When the bill is sent to the Rajya Sabha.
    • (ii) When it is presented for the assent of the President.
• Procedure for passing (Article 109)
  1. A money bill is introduced only in the Lok Sabha, not in the Rajya Sabha. A bill can be introduced only on the recommendation of the President.
  2. It can be introduced only by the Minister (Government Bill).
  3. After being passed by the Lok Sabha, a copy is sent to the Rajya Sabha, bearing the Speaker’s certificate. The Speaker’s decision on whether a bill is a money bill or not is final.
  4. The power of the Rajya Sabha is very limited.
     • It cannot amend it, it can only recommend it.
     • He has to return the bill with or without recommendations within 14 days.
     • If it is not returned within 14 days, the bill is automatically considered passed.
  5. The Lok Sabha can accept or reject the Rajya Sabha’s recommendations. In either case, the bill is considered passed.
  6. After this the bill goes to the President for approval.
  7. The President can only give his assent to it or withhold it but cannot return it for reconsideration, as it is presented in the Lok Sabha only on his recommendation.
  8. It is mandatory for the President to give permission.

Ordinary Bill vs Money Bill

S. No.	Ordinary Bill	Money Bill
1	It can be introduced anywhere in the Lok Sabha or Rajya Sabha.	It can be introduced only in the Lok Sabha.
2	It can be presented by a Minister or a private member.	It can be presented only by the Minister.
3	It can be presented even without the recommendation of the President.	The recommendation of the President is mandatory before presenting it.
4	The Rajya Sabha can amend or reject it.	The Rajya Sabha cannot amend or reject it.
5	Rajya Sabha can stop it for a maximum period of 6 months.	Rajya Sabha can stop it for a maximum of 14 days only.
6	It does not require certification by the Speaker to send it to the Rajya Sabha.	It is necessary for the Speaker to declare it a money bill.
7	If there is a difference of opinion between the two houses, the President can call a joint meeting.	There is no provision for a joint sitting as only the approval of the Lok Sabha is required.
8	If rejected in the Lok Sabha (if presented by a minister), the government may have to resign.	If it is rejected in the Lok Sabha then the government has to resign.
9	The President can reject it, pass it or return it for reconsideration.	It can only be passed or rejected by the President and cannot be returned for reconsideration.

Finance Bill

• The Finance Bill generally deals with revenue and expenditure.
• It contains provisions related to imposition of new taxes or amendment of taxes in the coming financial year.
• Types of Finance Bill:
  1. Money Bill – Article 110
     • Every Money Bill is a Finance Bill, but every Finance Bill is not a Money Bill.
     • Only those Finance Bills are called Money Bills which are mentioned in Article 110.
  2. Finance Bill (I) – Article 117(1)
     • It is like a money bill in two ways –
       • (i) It is presented only in the Lok Sabha.
       • (ii) It is introduced only on the recommendation of the President.
     • In other respects it is like an ordinary bill –
       • Rajya Sabha can amend it.
       • It can be stopped for a maximum of 6 months.
       • It can also be rejected.
     • The Finance Bill (First) must be passed by the Rajya Sabha.
     • If there is a final disagreement, a joint sitting is called under Article 108.
     • Joint sitting is possible only in all matters except money bill.
  3. Finance Bill (II) – Article 117(3)
     • It includes expenditure on the Consolidated Fund which is not covered under Article 110 (Money Bill).
     • It is treated like a normal bill and does not require the President’s assent. It can be approved or rejected by either House of Parliament.
     • It can be introduced in either House.
     • It has one peculiarity – it cannot be passed by either House unless the President recommends it.
     • The President can approve it, withhold it or send it back for reconsideration.

Money Bill vs Finance Bill

Point	Money Bill	Finance Bill (I and II)
Article	110	117(1) and 117(3)
Power to present	Only in the Lok Sabha	In both houses
Prior recommendation of the President	Essential I in	Required, not in II
Power of Rajya Sabha	Only recommendation	Full power (acceptance, rejection, amendment)
joint meeting	Would not have been	Might be possible
Role of the Speaker of the Lok Sabha	Certification Mandatory	Not necessary

Role of Lok Sabha and Rajya Sabha

Party	Lok Sabha	Rajya Sabha
Introduction of a Money Bill	✔️	❌ Can’t be done
Voting on Demands for Grants	✔️	❌ can’t do it
Return of Money Bill within 14 days	—	✔️ Required

Joint Sitting of Parliament

• Constitutional basis
  • Article 108 provides for a joint sitting of Parliament.
  • Source: Section 31 of the Government of India Act, 1935.
  • It is not derived from the Constitution of Australia.
• Circumstances for calling a joint sitting
  • If a bill is passed by one House and sent to the other House and –The bill has been rejected by the other House.
    1. Article 108 (1) (a)Both Houses have finally disagreed on the amendment to the Bill.
    2. Article 108 (1) (b)The word “disagree” is used only in Article 108 of the Constitution.
       • More than six months have passed since the Bill was received by the other House and has not been passed by it.
    3. 108(1)(c)Note: This 6-month period does not include days when the other House is adjourned for four or more days.
  • In the above three situations, the President can call both the Houses for a joint meeting.

Intimation by President

• The President must intend to call a joint sitting to discuss and vote on the deadlocked bill.
• There are two ways to provide information –
  • If the House is in sitting → by message.
  • If the House is not in sitting → By Public Notification.
• For whom is a joint meeting possible?
  • Ordinary Bill
  • Finance Bill
• When does a joint sitting not take place?
  • Joint sitting is not applicable on Money Bill.
  • There is no joint meeting even on the Constitutional Amendment Bill.
    • If both Houses do not pass it in identical words as per Article 368, the Bill lapses.
  • Joint sitting can be called only on ordinary bills and financial bills.
• Bills and amendments in joint sittings
  • If the Bill (including amendments) is passed in the joint sitting by a majority of the members present and voting → it will be deemed to have been passed by both the Houses.
• Dissolution of Lok Sabha
  • If the notice for the meeting was issued before the dissolution of the Lok Sabha, the meeting can be called and the bill can be passed in it notwithstanding the dissolution of the Lok Sabha.
  • But if the notice is not issued and the Lok Sabha is dissolved, a joint sitting cannot be called.
• Procedure of joint sitting (Article 118(3))
  • The President, in consultation with the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha, makes rules relating to joint sittings.
  • Using these powers, the Parliament (Joint Sittings and Communication) Rules, 1952 were made.
    • (a) Time and adjournment of the meeting
      • The time is decided by the President with the consent of the Prime Minister, the Council of Ministers and the Speaker of the Lok Sabha.
      • Rule 4: The Speaker of the Lok Sabha decides when the sitting will be adjourned and on what day/time it will reconvene.
    • (b) Presiding OfficerArticle 118(4): The Speaker of the Lok Sabha shall preside over a joint sitting.
      • Order in case of absence:
        • Deputy Speaker of the Lok Sabha
        • Deputy Chairman of the Rajya Sabha
        • Another member elected by the members present.
      • The Chairman of the Rajya Sabha (Vice President) does not preside as he is not a member of either House.
      • Example: Joint sitting of March 26, 2002 – Deputy Speaker P.M. Sayeed presided when the post of Speaker of the Lok Sabha fell vacant.
    • (c)Quorum\
      • Quorum: 1/10 of the total number of members of both the Houses.
      • This is not provided for in the Constitution, but in the Rules of 1952.
• How is a bill passed?
  • If the bill is passed by a majority of the members present and voting in the joint sitting, it is deemed to have been passed by both the Houses.
  • Generally, due to the large number of members in the Lok Sabha, its role is influential.
• Joint meetings held in India so farTill now,
  • joint sittings have taken place only 3 times in independent India –
    • 1961 – Dowry Prohibition Bill,
      • 1959Passed in Lok Sabha, stuck in Rajya Sabha →Passed in joint sitting in May 1961.
    • 1978 – Banking Service Commission (Repeal) Bill, 1978
      • Passed in Lok Sabha, dissented in Rajya Sabha → Passed in a joint sitting in May 1978.
    • 2002 – Prevention of Terrorism Act, 2002 (POTA)
      • Passed by Lok Sabha, rejected by Rajya Sabha → Passed by joint sitting in March 2002.
• Atal Bihari Vajpayee was present as a member in all three meetings.

Budget in Parliament

• The word ‘Budget’ is not used in the Indian Constitution, instead it is called “Annual Financial Statement”.
• This is mentioned in Article 112.
• Budget period
  • The budget is prepared for a financial year:
  • From 1st April to 31st March.

Historical facts

• 1921 – On the recommendation of the Acworth Committee, the Railway Budget and the General Budget were separated from 1924.
• They remained separated until 2016.
• 2017 – On the recommendation of the Vivek Debroy Committee, a combined budget was presented by combining the Railway and General Budget.
• Merger of Railway Budget and General Budget
  • Earlier there were two budgets in India:
    • Railway Budget – related to the Ministry of Railways only
    • General Budget – Details of all Ministries (Except Railways)
  • The Railway Budget was merged with the General Budget in 2017.
  • (This announcement was made by the then Finance Minister Arun Jaitley in September 2016.)
• First Joint Budget On 1 February 2017, for the first time, the Railway Budget and the General Budget were presented together.
• Earlier the budget was presented on the last working day of February at 5 pm.
• From 1999 it started being presented at 11 am.Since 2017, the budget is presented every year on 1 February.
• Today there is only one budget in India – the General Budget (Railway + General).

What does the budget include?

• Estimated Revenue and Capital Receipts
• Measures to increase revenue through taxes and other means
• Expenditure of various ministries
• Actual receipts and expenditure of the previous year
• Economic policy, new schemes, tax proposals and financial plans for the coming year

Constitutional provisions relating to the budget

1. The President presents the budget in both the Houses every financial year.
2. Demands for grants cannot be made without the recommendation of the President.
3. The demand for grants is presented only in the Lok Sabha and only the Lok Sabha can vote on it.
4. Rajya Sabha does not have the right to vote on the demand for grants.
5. No money can be withdrawn from the Consolidated Fund without the permission of Parliament.
6. No tax can be levied or collected unless authorized by law.
7. Parliament can reduce or abolish any tax, but cannot increase it.

Two types of budget expenditures

• Consolidated Fund Expenditure –
  • These can be discussed and voted upon in the House.
  • These can be reduced.
• Expenditure charged on the Consolidated Fund of India –
  • These can only be discussed, not voted on or criticized.
  • These cannot be reduced except in case of financial emergency.
  • List of Charged Expenses:
    • Salary, allowances and office expenses of the President
    • Salaries and allowances of Vice-President, Speaker of Lok Sabha, Vice-Speaker, Vice-Speaker of Rajya Sabha
    • Salary, allowances and pension of Supreme Court judges
    • Pension of High Court Judges
    • Salary, allowances and pension of the Comptroller and Auditor General (CAG)
    • Salary, allowances and pension of the Chairman and Members of the Union Public Service Commission
    • Administrative expenses of the above offices
    • Debts that are borne by the Government of India include:
      • Interest
      • Deposit
      • Fund burden
      • redemption load
• Other expenses related to borrowing, debt servicing and debt redemption
• Amounts required to comply with a judgment, order or decree of any court, arbitral tribunal or authority
• Any other expenditure declared by Parliament by law to be charged expenditure

Budget passage process

Process of passing the Budget (Article 112):- The process of passing the Budget in the Indian Parliament goes through six major stages:

Presentation of the Budget

• The budget is first presented by the Finance Minister in the Lok Sabha, then in the Rajya Sabha.
• The budget is only placed for consideration in the Rajya Sabha; it does not have the right to vote or cut grants.
• The speech given by the Finance Minister is called the Budget Speech.
• From 2017, the budget started being presented on 1 February.
• Record –
  • Morarji Desai – 10 times (most)
  • P. Chidambaram – 9 times
  • Pranab Mukherjee – 8 times
  • Nirmala Sitharaman – First Finance Minister to present the budget 7 times in a row (2024).

General Discussion

• A few days after the presentation of the budget, a general debate takes place in both the houses for 3–4 days.
• In this debate, the principles, policy and the entire proposal of the budget are discussed.
• At the end of the debate the Finance Minister replies, there is no voting.
• After this the budget is handed over to the departmental committees.
• After the general debate, Parliament is adjourned for 3–4 weeks.

Inquiry by Departmental Committees

• During this period, 24 departmental standing committees examine the demands for grants of the concerned ministries and prepare reports.
• These reports are placed before both the Houses for consideration.
• This system began in 1993, and was expanded in 2004.

4. Voting on Demands for Grants

• The demands of various ministries are debated and voted upon.
• Rajya Sabha does not have voting rights (it can only discuss).
• Expenditure charged on the Consolidated Fund can only be discussed and not voted upon.
• Cut Motions are also moved at this stage:
• Types of Cut Motion:
  • Policy Cut Motion:
    • against the policies of the government
    • Motion to increase the demand amount to ₹1.
  • Economic Cut Motion:
    • Objection to the economic impact of the expenditure.
    • A proposal to deduct a certain amount from a demand.
  • Token Cut Motion:
    • Draws attention to some obligation of the government.
    • A proposal to reduce the demand by ₹100.
• Terms of the cut motion:
  • Clear, related to one subject, not involving unnecessary/judicial/burdensome expenditure etc.
  • Not a single cut motion has been passed in India so far.
  • If the cut motion is passed, the resignation of the government is not necessary, but it is considered that the government has lost its majority in the Lok Sabha.
  • Guillotine – Passing of demands without debate when the debate remains incomplete due to lack of time.
  • A total of 26 days has been set aside for discussion on the grant demands.

Passing of the Appropriation Bill – (Article 114)

• Money can be withdrawn from the Consolidated Fund only through an Appropriation Bill.
• It is a money bill and is introduced only on the recommendation of the President.
• The Bill regulates two items:
  • Grants approved by the Lok Sabha
  • expenditure charged on the Consolidated Fund
• Modifications cannot be made (as it involves withdrawal of funds).
• This Act becomes an Act only after the approval of the President.
• The government cannot spend any money until this bill is passed.
• As an interim arrangement, the government gets the Vote on Account passed.
  • This allows for 2 months of expenses.
  • It is passed after general debate.

Passing of the Finance Bill

• This is the final stage of the budget’s passage.
• In this, the financial proposals of the government for that year are given legal form (such as increasing or decreasing taxes).
• It falls under the category of Money Bill – hence passed only in the Lok Sabha.
• Modifications are possible.
• It is required to be passed within 75 days (as per the Provisional Collection of Taxes Act, 1931).
• This bill provides legitimacy to the income side of the budget and makes the budget fully effective.

Other Grants: Article 116

• Apart from the general budget, the following types of grants are given by the Parliament in special circumstances:

1. Vote on account
   • The government can withdraw money from the Consolidated Fund only after the Appropriation Bill is passed.
   • But by the time the Appropriation Bill is passed, April-May arrives, whereas expenditure is required from April 1.
   • Therefore, the provision of vote on account was made.
   • It is passed after the general debate on the budget.
   • This is 1/6th of the total budget and is for 2 months.
2. Vote of Credit:
   • This is a blank cheque given by the Lok Sabha to the executive.
   • When a service/item requires a large sum of money unexpectedly, this grant is given without any debate/detailed assessment.
3. Exceptional Grant:
   • given for a specific purpose,
   • A grant that is not part of any previous service.

Other Grants: Article 115

1. Supplementary Grant:
   • When the amount sanctioned for a particular service becomes insufficient,
   • Additional funds are required in the same financial year,
   • Then approval for supplementary grant is taken from the Parliament.
2. Additional Grant:
   • When no amount has been allocated for a new service in the budget and suddenly during the year there is a need to spend for that service.
3. Token Grant:
   • When a proposed service requires additional costs,
   • So a nominal amount is proposed and voting takes place on it.
   • Note: The same procedure is followed for all these grants as for the general budget.

Funds

• The Constitution of India provides for three types of funds for the Central Government:
  • Consolidated Fund of India [Article 266(1)]
  • Public Account of India [Article 266(2)]
  • Contingency Fund of India [Article 267]

Consolidated Fund of India – Article 266(1):

• In this, all the revenue income of the government, loans taken, and repayment of loans given are deposited.
• This results in two types of expenditure:
  • Ordinary Expenditure
  • Charged Expenditure
• Charged Expenditure can only be discussed in Parliament, but cannot be criticized or voted upon.
• This fund is under the control of the Lok Sabha. Any expenditure from it requires prior approval from Parliament.
• Article 357: Under Article 356 (President’s rule), the President can authorise expenditure from the Consolidated Fund of the State when the Lok Sabha is not in session, pending the approval of Parliament.

Public Accounts of India – Article 266(2):

• This is like banking transactions.
• All public money except the Consolidated Fund is deposited in it.
• This includes:
  • Provident Fund Deposits
  • Savings
  • Departmental Deposits
• This fund is controlled by the Executive.

Contingency Fund of India – Article 267:

• A fund set up to meet unforeseen expenses.
• It was enacted by Parliament in 1950.
• It is under the control of the President and the Finance Secretary is its steward.
• The President has the power to authorise expenditure from this fund for any contingency and unexpected expenditure, without prior parliamentary approval.
• This allows advance payments to be made, which are later approved by Parliament.

Parliamentary Committees

• Parliament conducts most of its work through parliamentary committees.
• These are used for law making and control over the executive.
• These are called “mini parliaments”.
• In India, it started with the Government of India Act, 1919.
• There are two types of parliamentary committees –
  • Ad-hoc committees
  • Standing Committees

1. Ad-hoc Committees

• These are temporary committees and they dissolve after the work is completed.
  • Select Committee / Joint Select Committee
    • Constituted for the consideration of a particular bill.
    • It dissolves after submitting the report.
    • Select Committee – Maximum 30 members.
    • Joint Select Committee – Lok Sabha 30 + Rajya Sabha 15 = Total 45 members.
    • Time limit for submitting the report – 3 months or as may be determined by the House.
  • Inquiry Committees
    • They may be constituted of separate Houses or jointly.
    • One House Committee – 30 members.
    • Joint Committee – 45 members (Lok Sabha 30, Rajya Sabha 15).
    • Automatically dissolved after reporting.

• Important Joint Screening Committees (JPCs)
  • 1987 – B. Shankaranand Committee → Bofors scandal.
  • 1992 – Ram Niwas Mirdha Committee → Harshad Mehta share scam.
  • 2003 – Sharad Pawar Committee → Pesticides in soft drinks.
  • 2007 – Prakashmani Tripathi Committee → Ketan Parikh share scam.
  • 2011 – PC Chacko Committee → 2G spectrum scam.

2. Standing Committees

• These are formed every year.
• The work continues continuously.
• Their recommendations are advisory in nature.
• Three major financial committees + 24 departmental committees + others.

1. Financial Committee
   1. Public Accounts Committee
      • Established in – 1921 (based on the Government of India Act 1919).
      • Number of members – 22 (Lok Sabha 15 + Rajya Sabha 7).
      • The Speaker has been from the opposition since 1969. First Speaker: Minu Masani (1969).
      • Work –
        • Investigation of legality, irregularities, corruption, wastage and inefficiency in expenditure of money by the executive.
        • It works on the basis of the report of the Comptroller and Auditor General (CAG).
        • It is called the “watchman of public money” and friend of CAG.
      • Criticism – It only performs “autopsy” (i.e. review after the money has been spent).
      • Members of Lok Sabha – elected by the system of proportional representation by single transferable vote
      • Members of Rajya Sabha – Nominated.
      • No minister can be a member.
   2. Estimates Committee / Estimates Committee
      • Established – 1950 (on the recommendation of Finance Minister John Mathai).
      • Members – 30 (all from Lok Sabha).
      • Ministers cannot be members.
      • Election – By single transferable vote system.
      • Function – To give suggestions for economy in government expenditure.
   3. Public Undertakings Committee
      • Established in – 1964 (on the recommendation of Krishna Menon Committee).
      • Number of members – 22 (Lok Sabha 15 + Rajya Sabha 7).
2. (B) Departmental Standing Committees
   • Start – 1993.
   • In 1998 the number was 17.
   • 7 more committees were formed in 2004.
   • Present strength – 24 committees.
   • Chairman –
     • Chairmen of 16 committees appointed by the Speaker of the Lok Sabha.
     • Chairmen of 8 committees appointed by the Rajya Sabha Chairman.
   • Work –
     • Checking your department’s budget estimates.
     • To consider departmental grant demands and submit a report.
     • Discussion on the merits and demerits of departmental bills.
     • Review of departmental reports.
   • Tenure – 1 year.
   • No minister can be a member.
   • An MP can be a member of more than one committee.
3. Other Standing Committees
   1. Privileges Committee –
      • Protection of the privileges of the House and its members.
      • Investigation of breach of privilege cases
   2. Committee on Government Assurances –
      • Review of assurances given by Ministers in the House.
      • Let us see to what extent the assurances were fulfilled.

Other provisions:

• A member can resign by addressing the Speaker → this takes effect automatically, the Speaker/Chairman’s approval is not required.
• Quorum for committee meeting – approximately 1/3 of the total members.
• Decision – By majority of the members present and voting.