A Report on Indian Parliament

UNDER THE SUBJECT SEMINAR ON MANAGEMENT OF PUBLIC SYSTEM (SMPS) (MB809)

Prepared by Sonam Randive (10MBA087) Charmi Thakkar (10MBA111) MBA 2010-12, Semester IV Submitted to Mr. Gaurang Badheka

INDUKAKA IPCOWALA INSTITUTE OF MANAGEMENT (I2IM) CHAROTAR UNIVERSITY OF SCIENCE AND TECHNOLOGY (CHARUSAT)
March 2012

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Table of Contents
INTRODUCTION......................................................................................................................... 3 MEMBERSHIP QUALIFICATION FOR PARLIAMENT ..................................................... 3 FUNCTIONS OF INDIAN PARLIAMENT .............................................................................. 3 THE CONSTITUTION OF PARLIAMENT ............................................................................. 8
1. 2. 3. The President ......................................................................................................................... 8 Rajya Sabha (Council of States) ............................................................................................ 13 Lok Sabha (House of the People) ........................................................................................... 13

BILL PASSING PROCEDURE ................................................................................................ 15 SESSIONS CONDUCTED IN PARLIAMENT ....................................................................... 18 PARLIAMENTARY COMMITTEES...................................................................................... 18
COMPOSITION AND FUNCTIONS OF THE COMMITTEES ..................................................... 19

INDIAN PARLIAMENTARY PRIVILEGES ......................................................................... 28 REFERENCES ............................................................................................................................ 35

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INTRODUCTION
The Indian Parliament is representative of the democratic set up of the country. The apex legislative body in India is the Parliament of the country. A bicameral parliamentary system is followed in the country. There are two houses in the Indian Parliament, namely the Lok Sabha and the Rajya Sabha. The President is the Head of the State and can summon or dissolve either of the Houses of the Parliament. The Parliament of the country also runs on the principles set by the Indian Constitution, which came into force on 26th January, 1950.

MEMBERSHIP QUALIFICATION FOR PARLIAMENT

a) A person shall not be qualified to be chosen to fill a seat in Parliament unless heis a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule, b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age, and c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

FUNCTIONS OF INDIAN PARLIAMENT

1. To Form or To End Government The Indian Parliament, like all parliamentary democracies, forms the government. This is particularly due to the fusion of powers between the legislative and the executive branches of the Government. Members of Parliament, from the largest party in the Lok Sabha or of late from the largest coalition, form the Government at the centre. At the same time if the ruling party loses the support of the majority of the members of the House, its Government goes. No grounds, arguments, proofs or justifications are necessary. When the House clearly and conclusively pronounces that the government of the day does not command its support, it must resign.
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2. Controlling the Executive A very significant function of Parliament is to exercise its control on the Council of Ministers by way of holding it responsible for its acts of omissions and commissions. Article 75(3) expressly states that the Council of Minister remains in office, so long as it enjoys the confidence of the Lok Sabha. Parliament exercise the control by asking question to the ministers through its members, by raising adjournment motions, cut motions, censure motions or debates. More importantly the Lok Sabha can pass a vote of no confidence against the Council of Ministers which compels it to resign collectively. Thus the parliament holds the ministers responsible individually and collectively. This critical function of the Parliament ensures a responsive and responsible government. 3. Law Making Law making is the primary function of any legislature. The Parliament of India makes law on all matter included in the Union list and concurrent list of course the state legislatures share with the parliament the power to make law from the concurrent list with its prior permission. However under certain special circumstances the Parliament can make law for the states also. For examples the special circumstances are a) Promulgation of Emergency, b) A resolution passed by Rajya Sabha with special majority asking to make law for the states in the national interest which can remain valid for one year, c) A resolution by two or three states urging upon the Parliament to make law for them on certain items of the State list, d) If there is any international treaty or agreement is to be executed. An ordinary bill is initiated in either House of Parliament. When it is passed by both the Houses of Parliament it becomes law after getting the assent of the President. In case of disagreement by both the chambers of Parliament over an ordinary bill, the President of India summons a joint session of both the chambers presided over by the Speaker of Lok Sabha which decides the fate of the bill.

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4. Controlling the Finance The Parliament, particularly, the Lok Sabha exercises substantial functions in the domain of finance. The legislature of any responsible system of Government has to ensure that public funds are raised and spent with its consent and control. The Constitution of India has armed the union Parliament more particularly the Lok Sabha to exercise greater control over the National finance. The executive or the Government of the nation has no authority to spend any money on its own without the approval of the Parliament. Every financial year, the budget prepared by the Finance Minister is presented in the Lok Sabha for its approval. Any proposal for levying new taxes or any proposal for expenditure needs the sanction of the Parliament. There are also two very important Committee of the Parliament known as Public Accounts Committee and the Public Estimates Committee, and Comptroller and Auditor General, a Constitutional authority appointed by the President who examine the legality of expenditure and place a report for discussion in the Parliament. 5. Raising Deliberations As an organ of information the Parliament has a formidable role to play. All the important administrative policies are discussed on the floors of the Parliament. So that not only the Cabinets gets the advice of the Parliament and learns about its lapses but the nation as a whole is enlightened about serious matters of public importance. This undoubtedly contributes to the growth of political conscious on the part of the people. During debate and discussion on legislative proposals or Finance Bills, motion to consider and approve government policies, motion of thanks on the President`s Address, Budget, etc. members are free to express themselves and to say what is good for the country and what modifications in the existing policy are required.

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6. Constituent Functions Parliament is the only body, under the constitution, to initiate any proposal for amendment of the constitution. A proposal for amendment can be initiated in either House of Parliament. The bulk of such proposals are approved finally when passed by both the chambers with special majority of two-thirds of its members. However some provisions require the approval of at least half of the states after they are passed by the Parliament with required majority. 7. Electoral Functions The Parliament has some electoral functions to perform. It takes part in the election of the President and the Vice-President of India. It also elects various members to its committees, and the presiding officers and Deputy presiding officers. 8. Power of Removal Certain high functionaries may be removed from office on the initiative of the Parliament. The President of India may be removed through the process of impeachment. The judges of Supreme Court and of High Courts can be removed by an order of the President, which may be issued only if a resolution of their removal is passed by both Houses of Parliament by special majority. 9. Judicial Functions The judicial functions of the Parliament are no less significant. It has the power to impeach the President, the Vice-President, the judges of the Supreme Court and the High Court. The Chairman and members of the Public Service Commissions of the Union and the States as well, the Comptroller and Auditor General. Impeachment is a judicial trial of the legislature to remove high Constitutional authorities after such a proposal is passed with required majority. It can also punish its members and officials for its contempts. This power is not subject to review of the court.

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10. Miscellaneous Functions Besides the above-mentioned functions, the Parliament also performs a variety of other functions. Some of them are as followsa) While it is the power of the President to declare Emergency, the Parliament approves all such Proclamations of Emergency. Both the Lok Sabha and Rajya Sabha have to approve the Proclamation. b) Parliament may form a new State by separating the territory from any State or by uniting two or more States. It may also change the boundaries and the name of any State. c) Parliament may admit or establish new States in the Indian Union. d) The Parliament can abolish or create Legislative Councils in the States. This is done only on the request of concerned States Assemblies.

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THE CONSTITUTION OF PARLIAMENT

As per Article 79 of the Constitution of India, the council of the Parliament of the Union consists of the President and two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). 1. The President The President of the Republic is elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies (popular Houses) of the States and serves for a term of five years. Incumbents are permitted to stand for re-election. Though the President of India is a constituent part of Parliament, he does not sit or participate in the discussions in either of the two Houses. There are certain constitutional functions which he has to perform with respect to Parliament. The President summons and prorogues the two Houses of Parliament from time to time. While the Rajya Sabha is a continuing body, the power to dissolve the Lok Sabha vests in the President. His assent is essential for a Bill passed by both Houses of Parliament. When the Parliament is not in Session and he is satisfied that circumstances exist which render it necessary for him to take immediate action, the President can promulgate Ordinances having the same force and effect as laws passed by Parliament. Powers of President of India i. Legislative Powers The President summons both the Houses of the Parliament and prorogues them. He or she can dissolve the Lok Sabha. The President uses these powers according to the advice of the Council of Ministers headed by the Prime Minister. All bills passed by the Parliament can become laws only after receiving the assent of the President. When both Houses of the Parliament are not in session and if government feels the need for immediate action, President can promulgate ordinances which have the same force and effect as laws passed by Parliament. Ordinances remain valid for no more than six weeks from the date the Parliament is convened unless approved by it earlier.
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ii.

Executive Powers The President appoints the Prime Minister, he then appoints the other members of the Council of Ministers, distributing portfolios to them on the advice of the Prime Minister. The President receives the credentials of Ambassadors and High Commissioners from other countries. He is the Commander in Chief of the Indian Armed Forces. The President is responsible for making a wide variety of appointments which includes

Governors of States The Chief Justice, other judges of the Supreme Court and High Courts of India. The Attorney General The Comptroller and Auditor General The Chief Election Commissioner and other Election Commissioners The Chairman and other Members of the Union Public Service Commission Ambassadors and High Commissioners to other countries.

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Financial Powers All money bills originate in Parliament, but only if the President recommends it. He or she causes the Annual Budget and supplementary Budget before Parliament. No money bill can be introduced in Parliament without his or her assent. The President appoints a finance commission every five years. Withdrawal from the contingency fund of India is done after the permission of President.

iv.

Judicial Powers The president appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief Justice. The President dismisses the judges if and only if the two Houses of the Parliament pass resolutions to that effect by two-thirds majority of the members present. He enjoys the judicial immunity; a) No criminal proceedings can be initiated against him/her during his term in office, b) He is not answerable for the exercise of his duties.
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v.

Diplomatic powers All international treaties and agreements are negotiated and concluded on behalf of the President. However, in practice, such negotiations are usually carried out by the Prime Minister along with his Cabinet (especially the Foreign Minister). Also, such treaties are subject to the approval of the Parliament. The President represents India in international forums and affairs where such a function is chiefly ceremonial. The President may also send and receive diplomats, ie the officers from the Indian Foreign Service.

vi.

Military powers The President is the supreme commander of the defense forces of India. The President can declare war or conclude peace, subject to the approval of parliament only under the decision of the Council of the three Armed Forces Chief staffs, Military Secretary and President's Officer. All important treaties and contracts are made in president's name.

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Emergency powers The President can declare three types of emergencies: national, state and financial. a. National emergency National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory. Such an emergency was declared in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war), 1975 to 1977 (declared by Indira Gandhi on account of "internal disturbance"). Under Article 352 of the India Constitution, the President can declare such an emergency only on the basis of a written request by the Cabinet Ministers headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval, up to a maximum of three years.

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In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended. The Parliament can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the Parliament for its approval. The term of the Lok Sabha can be extended by a period of up to one year, but not so as to extend the term of Parliament beyond six months after the end of the declared emergency. b. State emergency State emergency, also known as President's rule, is declared due to breakdown of constitutional machinery in a state. If the President is satisfied, on the basis of the report of the Governor of the concerned state or from other sources that the governance in a state cannot be carried out according to the provisions in the Constitution, he/she can declare a state of emergency in the state. Such an emergency must be approved by the Parliament within a period of two months. Under Article 356 of the Indian Constitution, it can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a constitutional amendment, as has happened in Punjab and Jammu and Kashmir. During such an emergency, the President can take over the entire work of the executive, and the Governor administers the state in the name of the President. The Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). All money bills have to be referred to the Parliament for approval.

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On 19 January 2009, President's rule was imposed on the Indian State of Jharkhand, making it the latest state where this kind of emergency has been imposed. A State Emergency can be imposed via the following By Article 356: If that state failed to run constitutionally i.e. constitutional machinery has failed By Article 365: If that state is not working according to the given direction of the Union Government. This type of emergency needs the approval of the parliament within 2 months. This type of emergency can last up to a maximum of three years via extensions after each 6 month period. However, after one year it can be extended only if A state of National Emergency has been declared in the country or in the particular state. The Election Commission finds it difficult to organize an election in that state.

c. Financial emergency If the President is satisfied that there is an economic situation in which the financial stability or credit of India is threatened, he/she can proclaim financial emergency as per the Constitutional Article 360. Such an emergency must be approved by the Parliament within two months. It has never been declared. On a previous occasion, the financial stability or credit of India has indeed been threatened, but a financial emergency was avoided through the selling off of India's gold reserves. In case of a financial emergency, the President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts. All money bills are passed by the State legislatures are submitted to the President for approval. They can direct the state to observe certain principles (economy measures) relating to financial matters.

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2. Rajya Sabha (Council of States) Rajya Sabha or the Upper House of the Parliament is a permanent body as it cannot be dissolved. The Rajya Sabha is to consist of not more than 250 members. Of these, 238 members are to be elected from States and Union Territories and 12 are nominated by the President for their special knowledge or practical experience in such matters as literature, science, art and social service. The remaining seats are allocated to the various States and Union territories, roughly in proportion to their population; each State is, however, represented by at least one member. Each member has a term of 6 years and One-third of its members retire after every two years. They are entitled to contest again for the membership. But a member elected against a mid-term vacancy serves the remaining period only. This system of election ensures continuity in the working of Rajya Sabha. The total number of seats in the Rajya Sabha at present is 245, including 12 members nominated by the President. The representatives of each State in Rajya Sabha are elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of single transferable vote. The representatives of the Union territories are chosen in such manner as Parliament may by law prescribe. The minimum age for membership of the House is 30 years. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. He/she presides over the meetings of Rajya Sabha. In his absence the Deputy Chairman, who is elected by its members from amongst themselves, presides over the meeting of the House. The Deputy Chairman can be removed by a majority of all the then members of Rajya Sabha. But the Chairman (Vice-President) can only be removed from his office by a resolution passed by a majority of all the then members of Rajya Sabha and agreed to by the Lok Sabha. As the Vice-President is an ex-officio Chairman and not a member of Rajya Sabha, he/she is normally not entitled to vote. He/she can vote only in case of a tie. 3. Lok Sabha (House of the People) Unlike Rajya Sabha, Lok Sabha is not a permanent body. The Lok Sabha, as the name itself signifies, is composed of representatives of the people chosen by direct election by citizens
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of India on the basis of Universal Adult Suffrage. It is also known as the "House of the People" or the lower house. The maximum strength of the House envisaged by the Constitution is 552 up to 530 members to represent the States, up to 20 members to represent the Union territories and not more than two members of the Anglo-Indian Community to be nominated by the President if, in his opinion, that community is not adequately represented in the House. The total elective membership of the House is distributed among the States in such a way that the ratio between the number of seats allotted to each State and the population of the State is, so far as practicable, the same for all States. The qualifying age for membership of the Lok Sabha is 25 years. The Lok Sabha at present consists of 545 members. The normal term of Lok Sabha is five years. But the President, on the advice of Council of Ministers, may dissolve it before the expiry of five years. In the case of national emergency, its term can be extended for one year at a time. But it will not exceed six months after the emergency is over. On several occasions Lok Sabha was dissolved prior to the end of its term. Functions of Lok Sabha and Rajya Sabha The main function of both the Houses is to pass laws. Every Bill has to be passed by both the Houses and assented to by the President before it becomes law. The subjects over which Parliament can legislate are the subjects mentioned under the Union List in the Seventh Schedule to the Constitution of India. Broadly speaking, Union subjects are those important subjects which for reasons of convenience, efficiency and security are administered on all-India basis. The principal Union subjects are Defense, Foreign Affairs, Railways, Transport and

Communications, Currency and Coinage, Banking, Customs and Excise Duties. There are numerous other subjects on which both Parliament and State Legislatures can legislate. Under this category mention may be made of economic and social planning, social security and insurance, labor welfare, price control and vital statistics. Besides passing laws, Parliament can by means of resolutions, motions for adjournment, discussions and questions addressed by members to Ministers exercise control over the administration of the country and safeguard peoples liberties.
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BILL PASSING PROCEDURE

Basically the Parliament is a law making body. Any proposed law is introduced in the Parliament as a bill. After being passed by the Parliament and getting the Presidents assent it becomes a law. There are two kinds of bills, which come up before the Parliament ordinary bill and money bill. A Bill is a technical name given to the draft of the proposal which is moved in Parliament. NonMoney Bills can be introduced either in the Lok Sabha or in the Sabha. But the Money Bills can be introduced only in the Lok Sabha. A Money Bill, before it is introduced in the Lower House, has to receive the approval of the President. When a bill is introduced by any ministry or government department, it is known the Government Bill. On the contrary, a bill introduced by a private Member of Parliament is called a Private Member's Bill. A bill has to pass through three stages. In each stage, there is a reading of the bill, is why these three stages are known as the first reading, the second reading and the third reading. The Committee stage and the Report stage form a part of the second reading. 1. First Reading: In the first stage, the bill is introduced in one of the Houses of the Parliament. While Money Bills are to be introduced only in the Lok Sabha, all other bill can be introduced either in the Lok Sabha or in the Rajya Sabha. The mover of the bill just reads the title of the bill. Normally there is no opposition at this stage. So usually the bill is allowed to be introduced by a voice vote. If, in the stage of first reading, the bill is opposed, the mover and the opposer of the bill are required to make brief statements on the floor of the House. After that, the vote is taken. Once the bill is cleared in the first stage, the presiding officer of the House (the Speaker or the Chairman) sends the bill for publication in the Gazette. Sometimes important bills are already published in the Gazette before they are introduced in a House.
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2. Second Reading This is considered the most important stage of lawmaking in the Parliament. At this stage there are several options. First, it may go straight to the House for consideration. Secondly, it may be referred to a Select Committee of the House. Thirdly, it may also be sent to a Joint Committee of both Houses. Fourthly, it may go for circulation for eliciting public opinion. In most of cases, the bill is referred to a Select Committee. But, if the bill is of great importance, it is circulated among the public for knowing the opinions and reactions of different segments of the society. Select Committee Stage After initial discussion on the bill during the second reading, the bill is usually sent to a Select Committee for more critical considerations. The Chairman of the Committee is appointed by the presiding officer of the House (the Speaker or the Chairman). After a general discussion, the bill is discussed clause by clause. Experts and witnesses are invited to express their opinions. The Report Stage The Select Committee is expected to submit a report to the House within three months. In the Select Committee, the decision is taken by majority and the report of the committee may include the recommendations of the committee and the changes that it wants to be incorporated in the bill. Then the bill and the report of the Select Committee are placed before the House for its consideration. At this stage, amendments can be moved, but no member will be allowed to move an amendment which seeks to defeat the main purpose of the bill. The bill is discussed and put to vote clause by clause. With the completion of this process the second reading of the bill is over.

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3. Third Reading At the stage of third reading amendments are not allowed, but the members are allowed to discuss the general character of the bill. The bill, as a whole, is put to vote. If the bill is passed by a majority, it is signed by the presiding officer (the Speaker or the Chairman) and it is then sent to the other House in which the bill has to pass through three identical stages. If the bill is cleared in all three stages by the other House, it is sent to the President for his assent. If the other House does not agree to the bill, already passed by one House, it is free to make suggestions or propose amendments. But, if the amendments or changes suggested are not acceptable to the House which had passed the bill, the two Houses meet jointly to take a decision on the bill. In the joint sitting of both Houses, decision is taken on the basis of majority vote. When the bill is sent to the President for his assent, he can do one of the following two things a) He may give assent to the bill or b) He may also return the bill to the originating House for reconsideration. If the bill is again passed by both Houses of the Parliament with or without amendments, the President is bound to give his assent to the bill.

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SESSIONS CONDUCTED IN PARLIAMENT

The parliament has three sessions each year Budget session: 2035 days in the months of February to May. Monsoon session: 2035 days in the months of July to August. Winter session: 20-34 days in the months of November to December.

PARLIAMENTARY COMMITTEES
A Parliamentary Committee means a Committee which is appointed or elected by the House or nominated by the Speaker and which works under the direction of the Speaker and presents its report to the House or to the Speaker and the Secretariat for which is provided by the Lok Sabha Secretariat. Parliamentary Committees are of two types: Standing Committees and Ad hoc Committees. Ad hoc and Standing Committees Ad hoc Committees are appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report. The principal Ad hoc Committees are the Select and Joint Committees on Bills. Others like the Railway Convention Committee, the Committees on the Draft Five Year Plans and the Hindi Equivalents Committee were appointed for specific purposes. Apart from the Ad hoc Committees, each House of Parliament has Standing Committees like the Business Advisory Committee, the Committee on Petitions, the Committee of Privileges and the Rules Committee, etc.

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COMPOSITION AND FUNCTIONS OF THE COMMITTEES 1. Select and Joint Committees When a Bill comes up before a House for general discussion, it is open to that House to refer it to a Select Committee of the House or a Joint Committee of the two Houses. A motion has to be moved and adopted to this effect in the House in which the Bill comes up for consideration. In case the motion adopted is for reference of the Bill to a Joint Committee, the decision is conveyed to the other House requesting them to nominate members of the other House to serve on the Committee. The Select or Joint Committee considers the Bill clause by clause just as the two Houses do. Amendments can be moved to various clauses by members of the Committee. The Committee can also take evidence of associations, public bodies or experts who are interested in the Bill. After the Bill has thus been considered the Committee submits its report to the House. Members who do not agree with the majority report may append their minutes of dissent to the report. 2. Committee on Estimates This Committee consists of 30 members who are elected by the Lok Sabha every year from amongst its members. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The main function of the Committee on Estimates is to report what economies, improvements in organization, efficiency, or administrative reform, consistent with the policy underlying the estimates may be effected and to suggest alternative policies in order to bring about efficiency and economy in administration. From time to time the Committee selects such of the estimates pertaining to a Ministry or a group of Ministries or the statutory and other Government bodies as may seem fit to the Committee. The Committee also examines matters of special interest which may arise or come to light in the course of its work or which is specifically referred to it by the House or the Speaker.

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3. Committee on Public Undertakings The Committee on Public Undertakings consists of 15 members elected by the Lok Sabha and 7 members of Rajya Sabha are associated with it. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The functions of the Committee on Public Undertakings are a) To examine the reports and accounts of Public Undertakings; b) To examine the reports, if any, of the Comptroller and Auditor General on the Public Undertakings; c) To examine in the context of the autonomy and efficiency of the Public Undertakings whether the affairs of the Public Undertakings are being managed in accordance with sound business principles and prudent commercial practices; and d) Other functions vested in the Committee on Public Accounts and the Committee on Estimates in relation to the Public Undertakings as are not covered by clauses (a), (b) and (c) above and as may be allotted to the Committee by the Speaker from time to time. The Committee does not examine matters of major Government policy and matters of day-today administration of the Undertakings. 4. Committee on Public Accounts This Committee consists of 15 members elected by the Lok Sabha and 7 members of the Rajya Sabha are associated with it. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The main duty of the Committee is to ascertain whether the money granted by Parliament has been spent by Government "within the scope of the Demand". The Appropriation Accounts of the Government of India and the Audit Reports presented by the Comptroller and Auditor General mainly form the basis for the examination of the Committee. Cases involving losses, nugatory expenditure and financial irregularities come in for severe criticism by the Committee. The Committee is not concerned with questions of policy. It is concerned only with the execution of the policy laid down by Parliament and its results.
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5. Business Advisory Committee (Lok Sabha) The Business Advisory Committee of Lok Sabha consists of 15 members including the Speaker who is the ex-officio Chairman. The members are nominated by the Speaker. Almost all sections of the House are represented on the Committee as per the respective strength of parties in the House. The function of the Committee is to recommend the time that should be allotted for the discussion of Government legislative and other business as the Speaker, in consultation with the Leader of the House, may direct to be referred to the Committee. The Committee, on its own initiative, may also recommend to the Government to bring forward particular subjects for discussion in the House and recommend allocation of time for such discussions. The decisions reached by the Committee are always unanimous in character and representative of the collective view of the House. The Committee generally meets at the beginning of each Session and thereafter as and when necessary. 6. Committee on Private Members Bills and Resolutions (Lok Sabha) This Committee consists of 15 members and the Deputy Speaker is its Chairman when nominated as a member of the Committee. The Committee is nominated by the Speaker. The functions of the Committee are to allot time to Private Members Bills and Resolutions, to examine Private Members Bills seeking to amend the Constitution before their introduction in Lok Sabha, to examine all Private Members Bills after they are introduced and before they are taken up for consideration in the House and to classify them according to their nature, urgency and importance into two categories namely, category A and category B and also to examine such Private Members Bills where the legislative competence of the House is challenged. The Committee, thus, performs the same function in relation to Private Members Bills and Resolutions as the Business Advisory Committee does in regard to Government Business. The Committee holds office for a term not exceeding one year. 7. Rules Committee (Lok Sabha) The Rules Committee consists of 15 members including the Speaker who is the exofficio Chairman of the Committee. The members are nominated by the Speaker. The Committee considers matters of procedure and conduct of business in the House and
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recommends any amendments or additions to the Rules of Procedure and Conduct of Business in Lok Sabha that are considered necessary. 8. Committee of Privileges (Lok Sabha) This Committee consists of 15 members nominated by the Speaker. The function is to examine every question involving breach of privilege of the House or of the members of any Committee thereof referred to it by the House or by the Speaker. It determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report. 9. Committee on Papers Laid on the Table (Lok Sabha) This Committee consists of 15 members nominated by the Speaker. Its function is to examine all papers laid on the Table of the House by Ministers (other than those which fall within the purview of the Committee on Subordinate Legislation or any other Parliamentary Committee) and to report to the House a) Whether there has been compliance of the provisions of the Constitution, Act, rule or regulation under which the paper has been laid, b) Whether there has been any unreasonable delay in laying the paper, c) If there has been such delay, whether a statement explaining the reasons for delay has been laid on the Table of the House and whether those reasons are satisfactory, d) Whether both the Hindi and English versions of the paper have been laid on the Table, e) Whether a statement explaining the reasons for not laying the Hindi version has been given and whether such reasons are satisfactory, f) Such other functions in respect of the papers laid on the Table as may be assigned to it by the Speaker from time to time.

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10. Committee on Petitions (Lok Sabha) The Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this Committee. The function of the Committee is to consider and report on petition presented to the House. Besides, it also considers representations from individuals and associations, etc. on subjects which are not covered by the rules relating to petitions and gives directions for their disposal. 11. Committee on Subordinate Legislation (Lok Sabha) The Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this Committee. The Committee scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the Constitution or delegated by Parliament are being properly exercised by the executive within the scope of such delegation. 12. Committee on Government Assurances (Lok Sabha) This Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this Committee. While replying to questions in the House or during discussions on Bills, Resolutions, Motions etc., Ministers at times give assurances or undertakings either to consider a matter or to take action or to furnish the House further information later. The functions of this Committee are to scrutinize the assurances, promises, undertakings etc. given by Ministers from time to time and to report to Lok Sabha on the extent to which such assurances etc. have been implemented and to see whether such implementation has taken place within the minimum time necessary for the purpose.

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13. Committee on Absence of Members from the Sittings of the House (Lok Sabha) The Committee consists of 15 members who hold office for one year. The members are nominated by the Speaker. This Committee considers all applications from members for leave of absence from the sittings of the House and examines every case where a member has been absent for a period of 60 days or more, without permission, from the sittings of the House. In its report it makes recommendations with respect to each case as to whether the absence should be condoned or leave applied granted or whether the circumstances of the case justify that the House should declare the seat of the member vacant. 14. Joint Committee on Offices of Profit This Committee consists of 15 members. 10 members are elected from Lok Sabha and 5 from Rajya Sabha. The Committee is constituted for the duration of each Lok Sabha. The main functions of the Committee are to examine the composition and character of the Committees appointed by the Central and State Governments and to recommend what offices should disqualify and what offices should not disqualify a person for being chosen as, and for being, a member of either House of Parliament under article 102 of the Constitution. 15. Committee on the Welfare of Scheduled Castes and Scheduled Tribes The Committee on the Welfare of Scheduled Castes and Scheduled Tribes consists of 20 members elected by the Lok Sabha and 10 members of Rajya Sabha are associated with it. The term of the Committee is one year. A Minister is not eligible for election to this Committee. The main functions of the Committee are to consider all matters concerning the welfare of the Scheduled Castes and Scheduled Tribes, falling within the purview of the Union Government and the Union Territories, to consider the reports submitted by the National Commission for Scheduled Castes and Scheduled Tribes and to examine the measures taken by the Union Government to secure due representation of the Scheduled Castes and Scheduled Tribes in services and posts under its control.

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16. Railway Convention Committee The Railway Convention Committee is an ad-hoc Committee. It consists of 18 members. Out of these, 12 members are from Lok Sabha nominated by the Speaker and 6 members are from Rajya Sabha nominated by the Chairman. By convention the Minister of Finance and the Minister of Railways are members of the Committee. Besides this, Ministers of State in the Ministry of Finance and Ministry of Railways respectively are also its members. The main function of the Committee is to review the Rate of Dividend payable by the Railways undertaking to General Revenues as well as other ancillary matters in connection with the Railway Finance vis-a-vis the General Finance and make recommendations thereon. The Railway Convention Committee, 1949 was the first Committee after independence. This Committee and subsequent Committees confined themselves to determining the rate of dividend payable by Railways to General Revenues. Since 1971 the Railway Convention Committees have been taking up subjects for examination and report which have a bearing on the working of Railways. 17. Committee on Empowerment of Women This Committee came into being on 29th April, 1997, as a consequence of identical Resolutions adopted by both the Houses of Parliament on the occasion of International Womens Day on 8th March, 1996. The Committee consists of 30 members, 20 nominated by the Speaker from amongst the members of Lok Sabha and 10 nominated by the Chairman, Rajya Sabha from amongst the members of the Rajya Sabha. The term of the Committee is of one year. The Committee has been primarily mandated with the task of reviewing and monitoring the measures taken by the Union Government in the direction of securing for women equality, status and dignity in all matters. The Committee would also suggest necessary correctives for improving the status/condition of women in respect of matters within the purview of the Union Government. Besides, another important function of the Committee is to examine the measures taken by the Union Government for comprehensive education and adequate representation of women in Legislative bodies/services and other fields. The Committee would also consider the report of the National Commission for

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Women. The Committee may also examine such other matters as may seem fit to them or are specifically referred to them by the Lok Sabha or the Speaker and the Rajya Sabha or the Chairman, Rajya Sabha. 18. Departmentally Related Standing Committees A full-fledged system of 17 Departmentally Related Standing Committees came into being in April, 1993. These Committees cover under their jurisdiction all the Ministries/ Departments of the Government of India. These Committees are as under, Name of the Committee 1. Committee on Commerce 2. Committee on Home Affairs 3. Committee on Human Resource Development 4. Committee on Industry 5. Committee on Science & Technology, Environment & Forests 6. Committee on Transport, Culture and Tourism 7. Committee on Agriculture 8. Committee on Information Technology 9. Committee on Defense 10. Committee on Energy 11. Committee on External Affairs 12. Committee on Finance 13. Committee on Food, Civil Supplies and Public Distribution 14. Committee on Labor and Welfare 15. Committee on Petroleum & Chemicals 16. Committee on Railways 17. Committee on Urban and Rural Development Out of the 17 Committees, 6 Committees (Sl. No. 1 to 6) are serviced by the Rajya Sabha Secretariat and 11 Committees (Sl. No. 7 to 17) by the Lok Sabha Secretariat.

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Each of these Standing Committees consists of not more than 45 members30 to be nominated by the Speaker from amongst the members of Lok Sabha and 15 to be nominated by the Chairman, Rajya Sabha from amongst the members of Rajya Sabha. A Minister is not eligible to be nominated to these Committees. The term of members of these Committees is one year. The functions of these committees are: a) Consideration of Demands for Grants. b) Examination of Bills referred to by the Chairman, Rajya Sabha or the Speaker, Lok Sabha as the case may be. c) Consideration of Annual Reports. d) Consideration of national basic long term policy documents presented to the House and referred to the Committee by the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may be. These Committees do not consider matters of day-to-day administration of the concerned Ministries/Departments. The newly constituted departmentally related Standing Committee System is a path-breaking endeavour of the Parliamentary surveillance over administration. With the emphasis of their functioning to concentrate on long-term plans, policies and the philosophies guiding the working of the Executive, these Committees will be in a very privileged position to provide necessary direction, guidance and inputs for broad policy formulations and in achievement of the long-term national perspective by the Executive.

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INDIAN PARLIAMENTARY PRIVILEGES

In democracy, popularly elected institutions such as the Parliament or State Legislative Assemblies represent the will of people. They perform the important function of law making which forms the basis of functioning of a democratic political system. In order to enable the members of Parliament to perform their functions without any prejudice or pressure, the members are given certain rights and special treatment, which are known as Parliamentary privileges. In fact privileges are those rights which are available to a class of persons but not available to others. According to Subhash Kashyap, a noted authority on Parliament, privilege means a special or exceptional right or freedom or an immunity enjoyed by a particular class of persons or some individuals. It is special in the sense that it is a right or freedom which is not available to the rest of the people. The Parliamentary privileges are available only to two Houses, their members and their Committees. Though the President is a part of the Parliament he is not covered by these privileges. However, the President enjoys immunity on certain criminal and civil matters as specified in the Constitution. The rationale behind granting these privileges is that they enable the members of Parliament and its Committees to maintain their independence of action and dignity of position, while performing their duties or discharging their responsibilities. It should be noted that the privileges are available to members of Parliament and its Committees only during the period and to the extent they are performing their duties and responsibilities as member of the Parliament. Again, the members are not, however, exempted from the operation of ordinary laws of the land. When members are not performing their official duties, it is held that no breach of privilege or the contempt of the house is committed. Further, it should .be noted that the members do not enjoy any exemption from the operation of ordinary laws of land. Constitutional Provisions The privileges of members of Parliament are derived from three sources. First, there are certain privileges which are mentioned in the Constitution itself. Second, some of the privileges are specified in Statutes and the Rules of Procedure and Conduct of business in the Lok Sabha.

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Third, some of the privileges are derived from the precedents and conventions developed over a period of time. Some of the privileges of the members of Parliament are mentioned in Article 105 of the Constitution, while the privileges of members of Legislative Assembly are mentioned in Article 194 of the Constitution. Article 105 provides the following, (i) Subject to the provision of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament. (ii) No member of Parliament shall be liable to any proceeding in any court in respect of anything said or any vote given by him in Parliament or any Committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceeding. (iii) In other respects the power, privileges and immunities of each House of Parliament and of the members and of the Committees of each House shall be such as may from time to time be defined by Parliament by law, and until so defined, shall be those of that House and its members and Committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act 1978. (iv) The provisions of clauses (i), (ii) and (iii) shall also apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceeding of a House of Parliament or any Committees there of as they apply in relation to member of Parliament. It should be noted that before the Forty-Fourth Amendment, 1978, clause three of Article 105 provided that the privileges of members of Parliament were to be the same (with respect to the matters not mentioned in the Constitution) as those of British House of Commons, its members and Committees at the commencement of the Constitution until our Parliament defined them by law. The 44th Amendment has made only verbal changes in the position of privileges as even now without the reference of British House of Commons, the members of Parliament in India enjoy the same type of privileges as its counterpart in Britain because the privileges of Parliament are not defined by law by Parliament so far. Thus, after the 44th Amendment, there would be no mention of the term the British House of Commons in Article 105.

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Important Privileges The privileges of Parliament and its members are not codified so far. Some privileges expressly mentioned in Article 105 have been mentioned earlier. On the basis of parliamentary practices, established conventions, legal provisions and opinion of constitutional experts, the following privileges of Parliament and its members can be listed, 1. Freedom of speech inside the parliament Article 105 (1). 2. Immunity from court proceedings available to members of Parliament with respect to anything said or any vote cast by a member or anything published under the authority of parliament-Article 105 (2). 3. According to the provisions of Article 122, courts are prohibited to inquire into proceedings of Parliament. In other words, the courts cannot question the legal validity of parliamentary proceedings. 4. It is provided in the section 135 A of the code of civil procedure that a member of Parliament shall not be arrested during the continuance of the session of the House, 40 days before the commencement of the Session and 40 days after the date of the conclusion of the session. 5. Members of Parliament are exempted from the obligation to serve as juries. 6. According to the Rules 232 and 233 of the Rules of procedures of the Lok Sabha the immediate information is to be given to the House by the concerned authorities about the arrest or the release of a member of the House. The same rules also provide that a member of the Lok Sabha cannot be arrested within the premises of the House without the prior permission of the Speaker. 7. Rule 252 of the Rules of procedure of the Lok Sabha provide that the House is not liable to disclose the proceedings or decision of a secret sitting of the Lok Sabha. 8. The members and other officers of the House (Lok Sabha) cannot be compelled to appear as witness before the other House or the state Legislature. However, they can act as witness with their consent. 9. Also the officers and members of the Lok Sabha cannot be compelled to give evidence before any court of Law without the permission of the House, with respect to any matter regarding the proceedings of the House.
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10. The Parliamentary committees have the power to summons persons, papers and records relevant for an inquiry undertaken by the committee. The committee may also administer oath to the persons appearing as witnesses. The evidence submitted before the committee can not be disclosed before the Report of the committee has been laid on the Table of the House. 11. In addition to the above privileges, the House as a collective entity also enjoys certain consequential privileges such as committing persons for the breach of the privileges of the House, compelling attendance of person as witnesses, regulating its own procedure, restricting publication of its debates and proceedings or to exclude strangers from the gallery of the House. It should be noted that the most important privilege enjoyed by a member of Parliament is the freedom of speech inside the Parliament. Though, the right to freedom of speech is available to citizens also, it is subject to certain restrictions imposed under Article 19 (2). However, the members of Parliament are even free from these restrictions, while speaking inside the House. No action can be taken against them in any court of Law. This was upheld by the, Supreme Court in the famous searchlight case. Even if the speech of a member is tantamount to the contempt of the court, no action can be taken against such member in any court. In such matters, the house itself is authorised to take appropriate disciplinary action against the concerned member. The rationale behind such extensive freedom of speech given to members is to enable them to express themselves before the House without any fear or prejudice. In this respect it should be noted that certain restrictions are also imposed by the Constitution on the debates of Parliament. Thus, article 121 of the Constitution provides that no discussion shall take place in Parliament with respect to the conduct of any judge of the Supreme Court or the High Court except upon a motion for the removal of the judge is under consideration in the House. There is no distinction between the privileges of the two Houses. Same privileges are available to the members of the both Houses of Parliament. Similar privileges are also available to the members of state Legislatures.

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Breach of Privilege and Contempt of the House According to the noted constitutional expert Sub hash Kashyap, breach of privilege is an act of attack on or disregard of any privileges, rights or immunities of either House of Parliament or its committees or its members. On the other hand, the contempt of the House is defined as an act of omission which obstructs the Parliament or its members from efficient discharge of its functions or which has the effect of lowering the dignity of Parliament or its members. The notion of contempt of the House can not be strictly defined. The distinction between the breach of privilege and contempt of the House is that there can be contempt of the House without any breach of Privileges. The contempt is more concerned with an act of disrespect or disregard to the authority or dignity of the Parliament or its members. In any case, the sole authority to decide about the contempt is the Parliament. Again, there are certain practices and conventions with respect to parliament which should be followed by concerned persons in usual course, but if they are not followed, it is considered a breach of previleges. Non-observance of these practices is simply termed as improper on the part of the concerned authorities. The example of these practices is not to make policy Statement outside the Parliament if it is in session, extending full cooperation to the members of parliamentary committees during their tour, or displaying due courtesy to members of Parliament in the official functions etc. Punishment for Breach of Privilege or Contempt of the House Each House of Parliament or State Legislature is competent and empowered to punish persons including their own members, if they are found guilty of breach of privilege or contempt of the House. The punishment may be in the form of reprimanding or admonition or even imprisonment in extreme cases. The imprisonment may extend till the ongoing session of Parliament or the State Legislature as the case may be. In addition, the House may award other punishments to its members such as suspension from the House for a definite period or even expulsion from the House.

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The procedure for bringing the motion for breach of privilege or contempt of the House is given in the Rules of procedures of the Lok Sabha (Rules 222 to 228 and Rules 313 to 316). Accordingly, any member may raise the question of breach of privilege by giving notice to that effect to the Secretary-General of the concerned House before the Commencement of the sitting of the day. If the Speaker or the Chairman of the House gives his consent to raise the matter in the House, the concerned member is allowed to raise the matter just after the Question Hour is over. The member is first required to take the leave of the House. If not less than 25 members of the House agree to the motion, the leave of the House is granted. After that the matter is usually referred to the privilege committee for further examination. The Committee submits its report in the House within a stipulated period. The Report of the privilege committee is taken for consideration by the House. The House may agree or disagree with the report. The final action is taken as per the decision of the House regarding the Report of the committee. The question of privilege is given priority over other matters included in the business of the House. However, the House adopts a liberal view with respect to the majority of cases of breach of privileges. Most of the time, the unconditional apology tendered by the concerned offender may cool down the matter. Many a time, the Parliament finds it below their dignity to punish in each case of breach of privilege. The keystone of the entire edifice is the notion that the Parliament is the sole judge of the question whether there is a breach of privilege or not. Thus, their power to punish persons for the contempt of the House is not subject to judicial interference. This position was upheld by the Supreme Court in 1959 in the Searchlight case and further by the High Court of Allahabad in Keshav Singh case in 1965. The above legal position prevails even today. Thus, each House of Parliament or State Legislature is the master of its own procedure and is the sole judge of the question whether its contempt has been committed or not.

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Freedom of the Press and Parliamentary Privileges The press plays an important role in the democratic process. In fact the press is the medium between the people and the government institutions. The Freedom of the press is a fundamental right under right to freedom of speech within Article 19 (1) a. If the proceedings of the House are published under the authority of the House, the concerned persons shall not be liable to any judicial proceedings in the court of Law Normally, no restrictions are imposed on the publication of true proceedings of the House in the Newspaper. However, in the following cases, the publication in press involves the breach of privilege, a) If newspaper reports are malafide and there is deliberate misrepresentation of facts, b) If the proceeding of a committee is published before it submits its report to the house; c) If a newspaper publishes the proceedings of a secret sitting of the House; and d) If those portions of debates or proceedings are published which are expunged from the proceedings of the House.

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REFERENCES
http://legislativebodiesinindia.nic.in/PARLIAMENT%20OF%20INDIA.htm http://parliamentofindia.nic.in/ls/handbook/chapter8.pdf http://www.indianetzone.com/45/functions_indian_parliament.htm http://www.indianchild.com/Indianparliament2.htm http://www.preservearticles.com/201012251617/functions-and-powers-of-the-indianparliament.html http://www.indiastudychannel.com/forum/19245-Role-Opposition-PartyParliament.aspx http://www.mapsofindia.com/events/republic-day/indian-parliament.html http://parliamentofindia.nic.in/ls/intro/p21.htm http://www.preservearticles.com/2011091313283/what-is-the-procedure-to-pass-abill-in-indian-parliament.html
http://www.nios.ac.in/srsec317newE/317EL11.pdf

http://rajyasabha.nic.in/rsnew/Parliament_of_India.pdf http://rajyasabha.nic.in/rsnew/about_parliament/opening_parliament.asp http://parliamentofindia.nic.in/ls/intro/introls.htm

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