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Friday, October 2, 2015

Indian Parliament (Part 1)

Parliament is the supreme legislative body of India.The Indian Parliament comprises -
The President
Rajya Sabha (Council of States) and 
Lok  Sabha (House of the People).


Rajya Sabha(Council of States)- 

  • The maximum strength of Rajya Sabha shall not exceed 250.
  • The present is 245,12 members are nominated by President from amongst the person having special knowledge for in field (or experience )of Art,Science,Social Service and Literature.
  • Rest of the members are elected by the MLAs of concerned states

Term-
  • The members are elected for term of six years.One third of the members retire every two years. It is permanent House. It is also a federal chamber because it represents the states. 

Qualifications-
Article 84 of the Constitution lays down the qualifications for membership
  • Be a citizen of India.
  • Make and subscribe before some person authorized in that behalf by the Election Commission.
  • Be at least 30 years old.
  • Be elected by the Legislative Assembly of States and Union territories by means of Single transferable vote through Proportional representation.
In addition, twelve members are nominated by the President Of India ( they are not entitled to vote in Presidential elections as per Article 55)


Presiding Officers of Rajya Sabha-
The Vice-President is ex-Officio Chairman of the Rajya Sabha. The Deputy Chairman is elected among the members of the House by a simple majority.He can be removed by effective majority of the House.


Special Powers of Rajya Sabha-
  • Under Article 67(B) the resolution for removal of Vice-President can be introduced only in the Rajya Sabha.
  • Under Article 249,if Rajya Sabha passes a resolution by a majority of not less than 2/3rd members present in the House and voting authorising the Parliament to make a law on state subject on ground of national interest the Parliament can make law on that subject.NOTE-such a law will be valid only for one year at a time
  • Under Article 312, if Rajya Sabha passes a resolution by the majority of not less than 2/3rd members present and voting authorising the Parliament to create or abolish an All India Service the Parliament may by law create or abolish an all India service.

Lok Sabha( House of people)-
  • The maximum strength of the House is 552.
  • The present strength is 545, 2 members are nominated by the President from Anglo-Indian community if the President feels that the community has not been well represented in House.
  • Rest of the members are elected directly by the people through territorial constituencies.


TERM-
  • The term of the House is of five years, it can be dissolved before the end of its term or term can be extended but for not more than one year at a time during national emergency
  • There is reservations for SCs/STs in House.
Presiding Officers-
The Speaker and Deputy Speaker are elected from amongst the members of the House by a simple majority and can be removed by an effective majority of the House.
*Protem speaker-After the Lok sabha is constituted by election commission the President appoints one of the members of newly elected Lok Sabha as the protem speaker.The President conducts the oath of protem speaker.
Protem Speaker presides over the first session of the newly elected Lok Sabha.


Special Powers of Speaker-
  • Speaker presides ovewr the joint sessions of the Parliament.
  • He is soul authority to certify whether a bill is a money bill or not
  • The Parliamentary committees functions under the supervision of the speaker.He appoints the chairpersons of the various parliamentry committees.
  • If the speaker or the deputy  is the member of any of the communities, he is the chairman of that committee
  • NOTE-The Speaker enjoys the cabinet status.The speaker remains as a speaker even after the dissolution of Lok Sabha till the next general elections are held and Lok Sabha is constituted.

more next in Indian Parliament (Part 2)