Sunday, March 27, 2022

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

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