Mahatma Gandhi and The National Movement

 During 1917 and early 1918, Gandhiji was involved in three significant struggles. 

• Champaran Satyagaraha 1917

Indigo cultivators of Champaran were exploited by European Planters. Indigo Cultivators were bound by law to grow Indigo on 3/20th of their land and sell it to the British Planters at prices fixed by them. Gandhiji offered Satyagraha for safeguarding the interest of Indigo Cultivators in Champaran, Bihar.

• Ahmedabad Satyagaraha 1918

Gandhiji led the mill workers of Ahmedabad in a strike against the mill owners who refused to pay higher wages to the mill workers. Gandhiji undertook a fast and hence the mill owners had to give into the demands of mill workers and increased their wages by 35%

• Kheda Satyagraha 1918

Crops failed in Kheda and peasants were not able to pay land revnue. Gandhiji organized the peasants to offer satyagraha, when the government refused to forgo the land revenue, ultimately government arrived at a settlement with the peasants. 

Methods used by Mahatma Gandhi during his freedom struggle

Non Violence (Ahimsa): Means non-killing or avoiding injury, but for Gandhiji it meant avoiding injury to anything by thought, word or deed. 

Satyagraha (Satya=Truth, Agraha=Insistence to hold fast): It meant to be fearless, truthful as well as peaceful, suffering willingly while refusing to submit to what is wrong. 

Gandhiji's satyagraha movement was directed against the British system of exploitation and not the British people individually or collectively.

Swadeshi - It means producing necessary items in one's own country and using them for one's use without being dependent on imported goods. Gandhiji believed that the use of swadeshi goods would make us self-sufficient and eliminate our dependence on imported goods. 

Mass Movement: Involvement of masses to participate in the freedom movement.

Non Cooperation Movement 1920

Non cooperation is a way of protesting in which one does not cooperate with the evil-doer. 

Causes that led to the non-cooperation movement

Khilafat Movement, 1919:

• In the first world war Turkey was defeated and the ottomon empire was divided. The sultan of Turkey who was the caliph was deprived of all authority. The Caliph was looked upon by large sections of Muslims as their religious head. Muslims were angry as they felt that weakening of Caliph's position would adversely affect the position of the Muslims, hence the Muslim population in India started the 'The Khilafat Movement' under the leadership of Mohammed Ali and Shaukat Ali 
• The Khilfates formed a three point programme
• The Caliph must retain the empire
• He must be left with sufficient territory to enable them to defend the Islamic fate
• The Arab lands (Arabia, Syria, Palestine, Iraq) must remain under the Muslim rule. 

Khilfat Day, Oct 17 1919

• This movement was supported by Gandhiji as he saw this as an opportunity for uniting Hindus and Muslims 
• Gandhiji was elected as president of the All India Khilafat Conference in 1919
• By Aug 1920, the Khilafat non-cooperation movement started
• People resigned from government services
• Shops selling foreign goods were picketed
• Students boycotted schools and colleges
• Hartals and demonstration were held. 

By the end of 1920, the Khilafat movement and the congress non-cooperation movement merged into one nationwide movement

In 1921, Khilafat committee appealed to Muslims not to join the police and armed forces and not to pay taxes. This enraged the government and Ali Brothers were arrested. 

Rowlatt Act 1919

It was passed in March 1919. This act authorized the government to imprison any person without trail and convict him in a court. 

This act implied

• Arrest of a person without warrant
• In camera trail (trail in seclusion)
• Restrictions on movement of individuals
• Suspension of the right of habeas corpus 
• Gandhiji started satyagraha challenging the government. 

Jallianwala Bagh Tragedy, 1919

A large crowd gathered at the Jallianwala Bagh in Amritsar on April 13, 1919 to protest against the arrest of leaders like Dr. Saifuddin Kitchlu and Dr. Satya Pal. The Bagh had only one exit, general Dyer, the military commander of Amritsar surrounded the Bagh with his soldiers. After closing the exit with his troops, he ordered them to shoot at the crowd. About thousands of innocent demonstrators were killed and many more wounded. 

Objectives of the non-cooperation movement

• To attain self government within the British Empire if possible and outside if necessary
• Annulment of the Rowlatt Act and remedying the 'Punjab Wrong' i.e. the British government should express its regret on the happenings in Punjab, particularly in Amritsar. 
• Remedying the 'Khilafat Wrong' i.e. the British should adapt a lenient attitude towards Turkey and restore the old status of the sultan of Turkey. 

Programmes

• Boycott Programmes
• Boycott of government schools, colleges and courts
• Boycott of foreign goods
• Surrender of titles and honorary offices
• Resignation from nominated seats in local bodies
• Refusal to attend government functions

Swadeshi Programmes

• Popularization of swadeshi and khadi by reviving hand spinning and hand weaving
• Establishment of national schools and colleges
• Development of unity between Hindus and Muslims
• Removal of untouchability
• Emancipation and upliftment of women

Suspension of the noncooperation movement

Chauri Chaura, 1922

• Tragedy at chauri chaura, a village in Gorakhpur district in UP, occured on Feb 5, 1922
• A procession of about 3000 peasants marched to the police station to protest against the police officer who had beaten volunteers picketing a liquor shop
• The police fired at the peasants
• The demonstrators set the police station on fire, killing 22 policemen who were inside the policestation
• Gandhiji was greatly shocked at these incident, withdrew the non-cooperation movement on Feb 12, 1922

Impact of Non Cooperation Movement

• The national movement became a mass movement - different sections of Indian society like peasants, workers, students, teachers etc. participated in the movement
• Instilled confidence among the people - it generated a desire for freedom and inspired people to challenge the colonial rule. 
• Fostered Hindu-Muslim unity: it fostered Hindu-Muslim unity as seen in the merger of the Khilafat movement with the national freedom movement. The Congress got an opportunity to bring the urban Muslims into the national movement by convincing them that the nation was equally concerned with the problems affecting them
• Promoted social reforms
• Due to noncooperation movement, many steps were taken to prohibit and remove untouchability
• Many national schools and colleges were setup in different parts of the country
• Boycott of foreign goods led to the promotion of Indian handicrafts and industries. Khadi became the symbol of national movement
• Popularized the cult of swaraj- The goal of noncooperation movement was to attain swaraj within the British empire. 

The Civil Disobedience Movement 1930: Civil Disobedience Movement was an attempt at paralyzing the administration by breaking some specific rules and regulations

Factors leading to Civil Disobedience Movement

Simon Commission

• In Nov, 1927 the British Government under the chairmanship of Sir John Simon appointed a commission known as Simon commission to investigate the need for constitutional reforms in India.
• The commission composed of 7 British members of parliament and had no Indian members
• At its Madras Session 1927, presided by Dr. Ansari, the National Congress decided to boycott the commission went, it was greeted with hartals and black flag demonstrations under the slogan 'Simon Go Back'
• Lala Lajpat Rai was beaten up mercilessly on Oct 30, 1928 at Lahore railway station, while leading a demonstration and he lost his life. 

Recommendations of the Simon Commission

• Dyarchy should be abolished and there should be complete autonomy in the provinces including the department of law and order, but the governor should be given over riding powers in matters like the internal security
• Provincial legislature councils should be enlarged
• Federal government at the centre, should embrace not only British India but also the princely states. 
• The Governor-General should select and appoint members of his cabinet. 
• British troops and British officers should stay on in Indian regiment for many more years. 
• High courts should be under the administrative control of the government of India
• The communal representation was to continue. 

Nehru Report 1928

• Lord Birkenhead, the secretary of state for India, justified the exclusion of Indians in the Simon Commission. An all parties conference was convened in 1928 to take up the challenge of lord Birkenhead. 
• Motilal Nehru was made the chairman of the committee. The report submitted by the all parties conference is known as the Nehru Report. This report proposed
• Dominion status for India
• Parliament of India should consist of 
• The senate elected for 7 years with 200 members electe by the provincial councils. 
• The house of representation with 500 members elected for 5 years through adult franchise
• Joint electorate with reservation of seats for minorities (except in Punjab and Bengal) on population basis with the right to contest additional seats. 
• Creation of new provinces on linguistic basis
• Nineteen fundamental rights including the right to vote, freedom from arbitary arrest, searches and seizures and freedom of conscience. 

Declaration of Poorna Swaraj

• The British Government did not accept the Nehru report and the Congress passed the poorna swaraj resolution at its Lahore session in 1929
• Jawaharlal Nehru was made the president of the congress at the Lahore session
• The resolution declared Poorna Swaraj (Complete Independence) to be the objective of the congress. 

The congress working committee met in Jan 1930 and decided the following programme

• Preparation for civil disobedience
• According to poorna swaraj resolution, the word swaraj in the constitution would mean complete independence which was set as the goal of the national movement
• 26th of January was observed as Poorna Swaraj day
• Resignation by members of the legislature
• Withdrawal from all possible association with the British government

Role of Gandhiji in Civil Disobedience Movement 1930-1934

• The congress working committee met in Feb 1930 at Sabarmati Ashram and vested in Gandhiji power to launch the civil disobedience movement
• Gandhiji started the movement with Dandi march (March 12-April 6 1930) from the Sabarmati Ashram to Dandi on the Gujarat coast. 

Dandi March: On 12th March 1930, Gandhi began the historic march from Sabarmati Ashram to Dandi, a village on the Gujarat sea coast. Followed by several followers, on the morning of 6th April he violated the salt laws at Dandi by picking up some salt left by the sea waves. He selected to attack the salt laws because the salt tax affected all section of the society, especially the poor. His breaking of the salt laws marked the beginning of the civil disobedience movement. 

The programme of Dandi March movement

• The movement involved
• Defiance of salt laws
• Boycott of liquor
• Boycott of foreign cloth and British goods
• Non payment of taxes and revenues

The progress of the Dandi March movement

• Violation of salt laws was followed by violation of forest laws in Maharashtra, Karnataka and the Central Provinces (Madhya Pradesh-Chattisgarh)
• Refusal to pay the rural chaukidari tax in Eastern India
• All over the country, people joined hartals, demonstrations and the campaign to boycott foreign goods and refused to pay taxes. Many Indians offered Satyagraha. 
• Movement reached the North Western frontiers. Under the leadership of Khan Abdul Gaffar Khan, popularly known as Frontier Gandhi, the Pathans organized the society of Khudai Khidmatgars known as 'Red Shirts'. They adapted nonviolence for the freedom struggle. 
• Civil disobedience movement resulted in mass strikes and setting up-to parallel governments in several places. 

Round Table Conference

The Indian round table conference held three sessions. First Round Table Conference (Nov 12, 1930 to Jan 19, 1931) was held in London. The congress boycotted the conference but other political parties were well represented. 

Gandhi Irwin Pact: As the Satyagraha could not be suppressed, the government through Tej Bahadur Sapru and Jayakar started negotiations with Gandhiji in Jail. This resulted in signing of a pact by Gandhiji and lord Irwin, the viceroy in March 1931. This is known as Gandhi Irwin pact. 

The Government agreed to

• Withdraw all ordinances and end prosecutions
• Release all political prisoners, except those guilty of violence
• Permit peaceful picketing of liquor and foreign cloth shops
• Restore the confiscated properties of the Satyagrahis
• Permit free collection for salt by people near the sea cost. 

The Congress agreed to

• Suspend CDM
• Participate in the Second Round Table Conference
• Not to force police investigation in the past matters

Second Round Table Conference (Sep 7 - Dec 1, 1931)

• It was attended by Gandhiji as a sole representative of the congress
• Conference was soon deadlocked on the minorities issue with separate electorates demanded by Muslims, depressed classes, Indian Christians, Anglo Indians etc. 
• British government refused to concede the immediate grant of dominion status
• Gandhiji returned to India, disappointed. 

Third Round Table Conference (Nov 17 1932 - Dec 24, 1932)

• Renewal of CDM
• With the failure of second round table conference and not giving the approval for dominion status, Gandhiji came back to India  
• The great depression of 1930 in the world hit the farmers in India hard. 
• Gandhiji decided to sort out the situation with viceroy Willington but the interview was refused
• The congress passed a resolution for the renewal of the CDM
• On Jan 4, 1932 Gandhiji was arrested
• Government resorted to repression, issued ordinances and assumed special power
• Congress was declared illegal
• Congress leaders were arrested and their properties were seized
• Gradually CDM lost its force
• Congress called it off in 1934
• Gandhiji then resigned from active politics

Impact of CDM

• The movement created a tide of patriotic favor in the country. The government withdraws the ban on the congress in June 1934.
• Large number of social groups like merchants and shopkeepers, peasants, tribals and workers in different parts of the country were mobilized for the Indian National Movement
• The movement, under the leadership of Birla and the 'Harijan Sevak Sangh' changed the social conditions. Depressed classes were allowed in temples which was earlier denied. 
• The government of India act, 1935 introduced the principal of federation and the principle of provincial autonomy i.e. responsible government in the provinces. 
• Brought women out of their homes to participate in politics
• Movement revived the will to fight the elections. 

Important Years and Dates In Indian National Movement

Champaran Satyagraha         1917

Ahmedabad Satyagraha         1918

Kheda Satyagraha            1918

Khilafat Movement                 1919

Rowlatt Act                         Mar 1919

Jallianwala Bagh Tragedy Apr 13, 1919

Khilafat Day                         Oct 17, 1919

Khilafat Non Cooperation Movement Aug 1920

Non Cooperation Movement 1920

Tragedy At Chauri Chaura Feb 5, 1922

Withdrawl of Non Coop Movt Feb 12, 1922

Simon Commission         Nov 1927

Madras Session                 1927

Nehru Report                         1928

Declaration of Poorna Swaraj 1929

Poorna Swaraj Day                 Jan 26

Dandi March                         Mar 12 - Apr 6, 1930

Civil Disobediance Movt 1930-1934

The Great Depression         1930

First Round Table Conference Nov 13 1930 to Jan 19 1931

Gandhi Irwin Pact                 Mar 1931

Second Round Table Conference Sep 7 1931 - Dec 1 1931

Third Round Table Conference Nov 17 1932 - Dec 24 1932

Government of India Act         1935

The Union Legislature and Union Parliament : Rajya Sabha and Lok Sabha Summary or Short Notes

 

Amendment: The term amendment means to change or modification

Adjournment Motion: It means a motion which seeks to suspend the work so that some matters of urgent public importance can be discussed. 

Budget: It is a statement of estimated revenue and expenditure for the coming financial year. 

Residuary Power: In a federal state the constitution divides the powers between the central government and the constituent units. Matters which are not included in the division of powers are known as residuary powers. 

Question Hour: It is one of the parliamentary procedures by which members can keep control over the government.

Resolution of the house: A motion through which the house expresses its majority opinion on a matter of public interest. 

Universal Adult Franchise: It means that every citizen, not less than 18 years of age who is not otherwise disqualified under any law on grounds of unsound mind, crime or illegal practice shall be registered a voter for elections to the legislative assembly of a state or elections to the Lok Sabha irrespective of gender, caste, color or religion

Constituency: Voters in a geographical area who elects a representative to the legislative bodies. 

Quorum: It refers to minimum numbers required to be presided or present in the house before it can make the proceeding of a particular meeting valid. 

Vidhana Sabha: The lower house is known as the legislative assembly.

Bicameral: Legislature having two houses

Unicameral: Legislature having only one house. 

Crossing the Floor: Changing one's allegiance from one political party to another. 

Contempt of the House: Disobedience to the authority of the houses of the parliament or other legislative body. 

Business of the house: The relative order of all items of business to be taken upon particular day. 

Interpellation: The formal right of member of parliament to ask question on the floor of the house. 

Floor of the house: A part of the legislative chamber located between the bar of the house and the speaking chain. 

Prorogation: To discontinue the meeting of the parliament without dissolving it

Lok Sabha: Quick Review

• The Lok Sabha is the lower house of the parliament
• Its term is fixed at 5 years 
• The present strength of Lok Sabha is 545 members including two nominated members from Anglo Indian community. 
• The speaker is the presiding officer of the Lok Sabha. The speaker and the deputy speaker are elected by the newly elected house when it meets for the first time among members
• The Lok Sabha consists of directly elected representatives of Indian citizens

In order to seek membership at the Lok Sabha a person must have some basic qualification.

• He / She should 
• be a citizen of India
• not be less than 25 years of age
• not be proclaimed criminal 
• not hold any office of profit under the government of India
• have his/her name incorporated in the electoral rolls in any part of the country

Exclusive powers and functions of the Lok Sabha

• Money bills can be introduced only in the Lok Sabha
• The Lok Sabha alone can vote a minister out of office

The Rajya Sabha: Quick Review

• The Rajya Sabha is the upper house of the parliament
• The Rajya Sabha is called a permanent house as it does not dissolve as a whole. Every two years, one third of the members retire and fresh elections take place. Its members are elected for a period of 6 years. 
• The Rajya Sabha comprises of both elected as well as nominated members. Out of a total strength of 250 members 12 members are nominated by the president from among the Indian citizens who have excelled in the fields of arts, science, social service, literature, sports etc. The remaining 238 members are to be the representatives of the states and of the two union territories. 
• The vice president of India is the ex-officio chairman of the Rajya Sabha. He / She is the presiding officer of the Rajya Sabha. 

In order to seek membership of the Rajya Sabha a person:

• should be a citizen of India
• should be 30 years of age
• should not be a proclaimed criminal
• should have his/her name in the electoral list
• should not hold any office of profit under the government of India. 

Exclusive powers and functions of the Rajya Sabha

• It is privilege of the Rajya Sabha to decide that a particular subject in the state list has assumed national importance and it should be included in the Union list of subjects. 
• The Rajya Sabha can decide to setup new all India services. 
• The proclamation of emergency is approved by the Rajya Sabha alone
• When a state of national emergency is declared the Rajya Sabha looks after responsibilities of the union legislature. 

Some powers are common to both the houses of parliament

Both the houses enjoy equal rights in the election of the president and the vice president

Both the houses have equal rights in matters of impeachment of the president of India, the chief justice and the judges of the supreme court or the high court.

Powers of the Parliament

Legislative Powers: The parliament makes laws for the country

Financial Powers: It controls the union finance, prepares budgets, gives consent for raising taxes etc. 

Executive Powers: The parliament exercises control over the government through parliamentary procedures such as right of interpellation, adjournment motion and other motions of censure. 

Judicial Powers: The parliament can impeach the president of India, the judges of the Supreme Court or the High court. It can condemn a person  if he / she is found guilty of defamation and contempt of either house of the parliament. 

Electoral function: The parliament elects the president and the vice president of India and makes laws to regulate the conduct of elections in the country. 

Miscellaneous Powers: The parliament can 

• Amend some provisions of the constitution
• Change the name of the states in the country
• Alter the testimonial boundaries and divide and subdivide a state into two or more states. 

Anti Defection Act:

The constitutional act (52nd amendment) 1985, popularly known as Anti-Defection law ensures a healthy democracy. According to this act, a member of the house would be disqualified for the following. 

• If he / she defected to another political party. 
• if he / she gave up the membership of his / her political party
• if an independent member joins a political party after his / her election
• if he / she voted or abstained from voting in the house against the direction of his / her party without its prior permission

The Union Legislature and The Union Parliament: Judicial and Exclusive Powers of Rajya Sabha and Lok Sabha

Judicial Powers

Impeachment of the president

Parliament can remove the president from office through impeachment. In case of violation of the constitution or grave misconduct, either house may frame charges against the president. If a resolution is passed by a 2/3 (two-third) majority of total membership of the house and by the majority of members present and voting, the other house investigates the charges. If the other house too finds the president guilty he may be removed from office. 

Removal of Judges

Parliament can remove the judges of the supreme court and the high courts, the chief election commissioner etc. if they are found guilty of violating provisions of the constitution. 

Electoral Functions

• The parliament along with the state legislatures elects the president of India. 
• The vice-president of India is elected by both the houses of the parliament
• The Lok Sabha elects its own speaker and deputy speaker from amongst its own members while the Rajya Sabha elects its deputy chairman. 

Constitutional Function

Both houses of parliament can amend the constitution. The amendment must be passed by each house by a majority of total membership and by a two-third(2/3) majority of members present and voting. 

Executive Functions

The council of ministers is collectively responsible by the Lok Sabha. Ministers remain in office as long as they enjoy the confidence of a majority of members in the Lok Sabha. 

Parliament exercises control over the executive in the following manner. 

Interpellation

Question hour is an important device to seek information from the government about its policies and performance. The first hour of a sitting in both houses is allotted for asking and answering of questions. The questions are asked to obtain information on a matter of public importance or to highlight a grievance. 

Vote of No Confidence

If a government acts against the constitutional provisions, it can be voted out of office by passing a vote of no-confidence against the PM, or the ministry as a whole or any of its members. In such a case, the whole ministry resigns. 

Adjournment Motion: It is a proposal to lay aside all other business and take up a definite matter of urgent importance. Such motions are allowed on subjects such as a railway accident resulting in the death of several persons, natural calamity like a devastating flood or a tornado, communal tension etc. 

Monetary Control:

During the budget session a cut motion may be moved. Parliamentary committee on public accounts ensures that public money is spend in accordance with parliament's decisions. 

Other Powers (Exclusive Powers)

• Parliament may alter the name or boundary of the state if needed, it can also form a new state by merging the territories of existing states or by separating a part of a territory from a state. 
• It makes laws regarding the composition, jurisdiction and powers of the supreme court. 
• The parliament may establish a common high court, for two or more states. 

Exclusive Powers of the Rajya Sabha

• Though the Parliament cannot make laws on a state subject, the constitution states that the Rajya Sabha may by a resolution adopted by two-thirds majority, empower the parliament to make laws with respect to a matter in the state list. The Lok Sabha has no authority to assert itself in such matters. 
• If the Lok Sabha is dissolved before or after the declaration of a national emergency, the Rajya Sabha becomes the sole de-facto and de-jure parliament, i.e. it takes over the functions of the parliament. It cannot be dissolved which is a limitation on the Lok Sabha. 

Exclusive powers of the Lok Sabha

• No confidence motions can only be introduced and passed in the Lok Sabha. If passed by a majority vote, the Prime Minister and the council of ministers resign collectively. 
• Rajya Sabha has no power over such a motion, and hence no real power over the executive. 
• Money bills can only be introduced in the Lok Sabha. After it is passed by the Lok Sabha, it is sent to the Rajya Sabha for its recommendations which it must make within 14 days. 
• In case of a deadlock between the two houses over a non-financial ordinary bill, the will of the lok sabha prevails as its strength is more than double that of the Rajya Sabha

The Union Legislature and The Parliament: Rajya Sabha

Rajya Sabha: It is the upper house or the council of states

Composition: Max Strength 250 members. 238 members are representatives from various states, 12 members are nominated by the president from among peoples who have excelled in arts, music, sports etc. 

Election: The representatives of each state in the Rajya Sabha are elected by the elected members of the legislative assembly of each state in accordance with the system of proportional representation by means of a single transferable vote. 

Term: Rajya Sabha is a permanent house. It cannot be dissolved like the Lok Sabha. Each member is elected for a period of 6 years. One third of the total members of the house retire after every two years. 

Qualification: Minimum age for contesting election for Rajya Sabha is 30 years. 

• Other qualification for membership of the Rajya Sabha are the same as those of Lok Sabha. 

Disqualification: 

• If a member holds any office of profit under the court of India or the government of any state (other than an office exempted by parliament by law)
• If he / she is of unsound mind and is proved so by a competent court. 
• If he / she is an undischarged insolvent. 
• If he / she is not a citizen of India or has voluntarily acquired citizenship of a foreign state
• If he / she is disqualified by or under any law made by the parliament. 

Presiding officers

• The vice president of India is the ex-officio chairman of the Rajya Sabha. He presides over its meetings.
• Rajya Sabha elects a deputy chairman from among its members. In the absence of Chairman, he performs all functions and deputies of the chairman. 

Powers and Functions of the parliament (Rajya Sabha and Lok Sabha)

Legislative Powers

All bills, except the money bills, can originate in any house of the parliament. No bill can become a law unless agreed to by both the houses. In case of disagreement, the president may summon both the houses of parliament in a joint meeting

The parliament can make laws on:

• Matters in the Union List
• Parliament can make laws on all the 97 subjects in the union list, including important subjects like defence, communications, foreign policy etc. 
• Matters in the concurrent list:
• Along with the state legislative assemblies, the parliament can make laws on the 47 subjects in the concurrent list. In case of conflict between the union parliament and the state legislative on any law in this list, the union law will prevail. 

Residuary Powers:

It means that the parliament can make laws with respect to all those matters which are not mentioned in any of the 3 lists - union list, state list, concurrent list. 

Matters in the state list:

Parliament can legislate on subjects in the state list: 

• During the proclamation of an emergency
• When the Rajya Sabha passes on a resolution by a two-thirds majority that a subject in the state list has assumed national importance. 
• When two or more states are of the opinion that the parliament should legislate on a subject given in the sate list, parliament may make an act on that subject but that would be applicable only to the consenting state. 

Ordinances:

President is empowered to promulgate an ordinance at at time when the parliament is not in session. It has the same effect as an act. All ordinance must be put up before both the houses for their approval. Ordinances cease to operate after 6 weeks from the re-assembly of parliament, unless they are approved by the houses. 

Powers during emergency

When there is a total breakdown of the constitutional machinery in a state, the parliament becomes the legislature in the state concerned and assumes all powers including the financial powers of passing the state budget. 

Financial Powers

A money bill can originate in the Lok Sabha only. After a money bill is passed by the Lok Sabha, it is sent to the Rajya Sabha for its recommendations which it must make within 14 days, in financial matters the Rajya Sabha has only an advisory role. 

The Budget

The parliament passes the union budget containing the estimates of receipts and expenditure of the government for a financial year. The budget is presented in two parts, the railway budget and the general budget. 

Supplementary Grants:

If the amount authorized for the current financial year is not sufficient, the government may make a fresh demand known as the supplementary grant

Vote on account

If the union budget is not passed before the beginning of the new financial year, i.e. April 1, there would be no money for the executive to spend. Thus, a device known as 'vote on account' authorizes the executive to draw funds from the consolidated fund until the budget is passed by the parliament. 

Salaries

The Salaries and allowances of MPs and Ministers are determined by Parliament

Permission for Taxes

No tax can be imposed or money spent by the government without the approval of the parliament.

The Union Legislature ; The Union Parliament : Functions of the Speaker

Functions of the speaker

Business of the house

• Speaker presides over the meetings of the house. All speeches and remarks are addressed to the speaker. He allots time for discussion
• Speaker interprets the rules of procedure of the house. His/Her decision in all parliamentary matters is final
• All bills passed by the house are signed by him/her before they are sent to the Rajya Sabha or to the president for his assent. 
• Puts the issues to vote and announces the results but does not vote unless there is a situaiton of tie. 
• Decides whether a bill is a money bill or not. 

Administrative Functions

• Speaker receives all petitions and documents in the house.
• Communicates the decisions of the house to the concerned authorities. 
• Regulates the admission of visitors and press correspondents to the galleries of the house. 

Disciplinary Functions

• Maintains order in the house. If a member becomes unruly, he may order them to withdraw may suspend a member if he / she disregards the authority of the chair. 
• In case of grave disorder, he can adjourn the house. 
• If a member uses indecent or unparliamentary words, speaker may order such words to be excluded from the proceedings of the house. 
• Decides whether a member is disqualified under anti-defection law.

Parliamentary Committees

• Speaker is the ex-officio chairman of some of the committees of the house, such as the business advisory committee and the rules committee. 
• Appoints chairmen of all the committee of the house.
• Directs all chairmen in their working and procedures to be followed. 

Miscellaneous Functions

• The speaker presides over the joint sessions of both the houses of parliament
• In consultation with the chairman of the rajya sabha, he nominates personnel for parliamentary delegations to various countries
• He presides over the conference of presiding officers of legislative bodies in India

Civics: The union legislature and The union parliament, Lok Sabha and Rajya Sabha Functioning, Parliamentary Procedures

Parliamentary Procedures

Sessions: 

• The president summons each house of parliament
• As per the constitution, the interval between two sessions shoudl not be more than 6 months
• Normally there are 3 sessions in a year. The budget session (Feb-May), Monsoon session (Jul-Aug) and Winter session (Nov-Dec).

Quorum:

• It means the minimum number of members required to be present for transacting the business of the house.
• The quorum of the Lok Sabha and the Rajya Sabha is one-tenth of the total membership of each house.

Question Hour

• The first hour on every working day of the house is reserved for questions unless otherwise decided by the speaker. This hour which starts at 11:00AM is the question hour.
• All members of the house have a right to ask questions to the government on matters of public interest which is called interpellation.
• The questions have to be submitted to the speaker, addressed to the speaker and should be submitted with a 10 days notice in advance. 

Types of Questions in Question Hour 

Starred Questions: 

• Questions for which a member wishes to have oral answers on the floor of the house
• Such questions are indicated by an asterisk mark
• Supplementary questions may be asked after replies to such questions are given by the ministers.

Unstarred Questions

• Questions for which members will get only written answers
• Supplementary questions cannot be asked

Short Notice Questions

• Questions for which members will get only written answers
• Supplementary questions cannot be asked. 

Short Notice Questions

• Questions of urgent importance which can be asked with a notice shorter than 10 days
• The minister concerned has to be asked whether he can reply to such a short notice questions as it is for him to decide whether to accept or not accept the question

Zero Hour

• The period begins at 12 O Clock and continues till lunch break which begins at 1 O Clock
• Members raise all types of questions without any permission or prior notice

Motions

A motion is a formal proposal made by a member stating that the house should take up some particular matter which is of public importance. Through these motions, the members try to draw attention of the government on particular matter. 

Adjournment Motion

• It means a proposal to lay aside all other business and to take up a definite matter of urgent importance. 
• It interrupts the normal business of the house
• It is normally allowed in situations like railway accidents, resulting in death of several people, some natural calamity or a communal tension

No Confidence Motion

• It is a proposal expressing lack of confidence in the ministry
• It is passed with the support of 50 members and taken up for discussion, within 10 days from the day on which the leave is granted. 
• If the motion is passed, the government has to resign.

Confidence Motion

• It is the reverse of the no confidence motion

Adjournment and Propagation of the house

• Adjournment of the house means suspension of the sitting of the house by the speaker.
• Propagation means termination of the session of the parliament
• The power of adjournment of the house rests with the speaker of the chairman as the case may be power of propagation of a session belongs to the president

The house is Adjourned

• After the business for the day is over
• When the death of a sitting / ex-member of the house occurs
• For want of Quorum
• As and when the speaker finds it necessary

Speaker of the Lok Sabha

• The speaker is the presiding officer of the lok sabha. He / She conducts the business of the house. 

Election

• The speaker is elected from its own members soon after the newly elected house meets for the first time.
• Speaker does not vacate the office, when the house is dissolved. He / She remains in office till a new speaker is elected by the new Lok Sabha in its first meeting
• Elected for a term of 5 years
• The speaker may resign on health or on other grounds by submitting a letter of resignation to the deputy speaker. He / She can also be removed by the lok sabha if the majority of the members pass a resolution. 

Deputy Speaker

• Performs the duties of the speaker when the speaker is absent or while the speaker office of the speaker is vacant. 
• Deputy speaker is elected or removed from office in the same way as the speaker. 

Civics: The union legislature and The union parliament, Lok Sabha and Rajya Sabha Members and Qualification

Legislature: A legislature is an assembly with the authority to make laws for political entity such as a state or city.

Parliament: The parliament is the body of people's representatives who have supreme power of governance in a democratic country. Parliament is the highest legislative body of the government.

Federal: Federal system relates to a system of government in which several states are united and governed centrally by the union government and te states remain independent as separate units constituting a federation

Federal Setup: A federal setup of government divides administrative powers between the central and state governments by the constitution and both are supreme between their respective spheres

Importance of Federal Setup

• India is a large country; hence this division is essential to maintain unity and integrity
• It is suitable for India due to the inherent diversity of our country
• Division of legislative and administrative powers between the union and state governments with supreme court at the apex to look after the distribution of powers.
• With a bicameral legislature(two houses), the states get an opportunity to be a part of the functioning of the government(Rajya Sabha members are mainly representative of states)

Non Federal Features / Unitary Features

• A Strong Centre
• Single constitution for union and the states
• Flexibility of constitution
• Single citizenship
• Inequality of representation in the Rajya Sabha
• Existence of union territories

The Union Parliament

The Union legislative comprises the president and the two houses of parliament, the house of the people (Lok Sabha) and the council of the states (Rajya Sabha).

Lok Sabha: House of the People, they sit in Parliament, generally referred as Member of Parliament or MP.

Lok Sabha Members are directly elected through the Universal Adult Franchise (Public Voting) through secret ballot. 

Lok Sabha Term: 5 Years in general.

• Can be less than 5 years when the house (Parliament) is divided by the president on the advice of the prime minister.
• It is more than five years in case of emergency

Lok Sabha Composition: Max Strength 552

• 530 members representatives from states
• 20 members representatives from union territories
• 2 members (Anglo Indians) nominated by the president

Lok Sabha Member Qualification

• He / She should be an Indian citizen
• Should be at least 25 years of age
• Should have his name in the electoral rolls in some part of the country
• Should not be an insolvent
• Should not hold any office of profit under the government
• Should not be a proclaimed criminal
• Should not be of unsound mind

Disqualification of Lok Sabha / Rajya Sabha Membership 

• If a member holds any office of profit under the court of India or the government of any state (other than an office exempted by Parliament by law)
• If He / She is of unsound mind and is proved so by a competent court.
• If he / she is an undischarged insolvent
• If he / she is not a citizen of India or has voluntarily acquired citizenship of a foreign state
• If he / she is disqualified by or under any law made by the parliament 

Vacation of Seat from Lok Sabha / Rajya Sabha

• Resignation of a member in writing to the speaker (Lok Sabha) or Chairman (Rajya Sabha) of the house.
• Absence of a member without permission of the house from all meetings for a period of 60 days (including the time when the house is prorogued or adjourned for more than 4 days)
• If a member becomes subject to any of the disqualification laid down in the constitution or an act of parliament
• If a person is already a member of the state legislature and is elected to the parliament he has to vacate his seat in state legislature or vice versa
• If a person is disqualified from being a member on grounds of defection under "anti-defection law" 

According the anti-defection law, when a member of a house gives up the membership of his party or votes against the direction given by the party to which he belongs, he shall be disqualified from being a member of the house, provided there is not a split in the party with at least one third of its members.