Polity notes · Chapter 14 of 19

Parliamentary Business

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Sessions of the House

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Sessions of the House
  • Number of Sessions -> According to Parliamentary Convention: 3
  • – 1. Budget Session → February - May
  • – 2. Monsoon Session → July - September
  • – 3. Winter Session → November - December
  • Initiating the Session : Summoning by → President (Article 85) → At such time and place as he thinks fit
  • Not more than 6 months must be passed between two sessions (Article 85)
  • Session cycle: Summon → sittings of the House (adjournment and reassembly between sittings) → prorogation (or dissolution of Lok Sabha) → recess → summon again for the new session
  • Sitting of the house → 1st hour = Question House → Zero Hour → Lunch → Agenda of the day : Legislative bills
  • Question hour → Asking questions to government/ministers/private members + Mentioned in Rules of Procedure
  • Zero Hour = Time gap between Question hour and agenda + Informal device → not mentioned in Rules of procedure + Indian innovation

Joint Sitting of the Houses (Article 108)

Ordinary BillMoney BillConstitution Amendment Bill
Gives Assent✔✔✔
Withholds Assent✔✔x
Returns the bill for reconsideration✔xx

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Joint Sitting of the Houses (Article 108) · part 1
  • When?
  • – Bill passed by one House; rejected by the other House.
  • – Houses disagree on amendments to the Bill.
  • – Bill not passed for more than 6 months by the other House.
  • Who Summons?
  • – President
  • Who Presides?
  • – Speaker of Lok Sabha
  • – Deputy Speaker of Lok Sabha (if Speaker is absent)
  • – Deputy Chairman of Rajya Sabha (if both are absent)
Joint Sitting of the Houses (Article 108) · part 2
  • Quorum
  • – One-tenth of the total members of both Houses
  • Passage of Bill
  • – Majority of total members present and voting
  • Joint Sitting Applies to:
  • – Ordinary Bill
  • – Money Bill (No joint sitting, Rajya Sabha has no veto power)
  • – Constitutional Amendment Bill (Must be passed separately by both Houses)
President's approach to Bills
  • Gives Assent — ✔ — ✔ — ✔
  • Withholds Assent — ✔ — ✔ — x
  • Returns the bill for reconsideration — ✔ — x — x

Motions

MotionDescription
Closure MotionMotion to end debate and vote. Types include Simple, Compartment, Kangaroo, and Guillotine Closures.
Privilege MotionAddresses a breach of parliamentary privileges by a minister, aiming for censure.
Calling AttentionHighlights urgent public matters and seeks an official statement.
Adjournment MotionHighlights urgent public matters with potential to interrupt regular House business.
No-Confidence MotionRemoves the ministry from office if it loses the motion.
Moved by Lok Sabha members.
Confidence MotionGovernment seeks to affirm its majority in the House.
Negation results in the government's fall.
Censure MotionMotion of disapproval, distinct from a no-confidence motion.
Motion of ThanksFollows the President's annual address; its passage or failure implies government support or defeat.
No-Day-Yet-Named MotionAccepted but undated motion; date set based on House business status and leader discussions.
Dilatory MotionAdjourns, delays, or slows debate; can be moved anytime after a motion is made.

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Motions
  • Regulated by the Presiding Officer
  • A proposal by a member to discuss an issue in the House
  • Basis of parliamentary proceedings
Types of Motions · Substantive Motion
  • 1. Substantive Motion:
  • – Self-contained
  • – Important matter
  • – Examples:
  • – Impeachment of the President
  • – No confidence motion
  • 2. Substitute Motion:
  • – Acts as a substitute for the original motion [Depends on the original motion]
  • – Example: Present international situation
  • – Unsatisfactory
  • – Conduct not up to mark
  • – Kuwait and Iraq
Types of Motions · Subsidiary Motion
  • 3. Subsidiary Motion:
  • – Meaningless by itself
  • – Must refer to the original motion
  • – Examples:
  • – Conduct of members
  • – Situation in Kuwait
  • – Types:
  • – Ancillary Motion
  • – Way of doing business in the House
  • – Example:
  • – Motion that a bill be taken into consideration
  • – Superseding Motion:
  • – To supersede a question in the House
  • – Example: Bill to
  • – Select Committee
  • – Joint Committee
  • – Elicit public opinion
  • – Amendment Motion:
  • – To amend a question in the House
  • – Example:
  • – Motion to amend a bill
Types of Motions in Parliament
  • Motion → Opinion of the House → Resolution
  • Closure Motion — Motion to end debate and vote. Types include Simple, Compartment, Kangaroo, and Guillotine Closures.
  • Privilege Motion — Addresses a breach of parliamentary privileges by a minister, aiming for censure.
  • Calling Attention — Highlights urgent public matters and seeks an official statement.
  • Adjournment Motion — Highlights urgent public matters with potential to interrupt regular House business.
  • No-Confidence Motion — Removes the ministry from office if it loses the motion.
    Moved by Lok Sabha members.
  • Confidence Motion — Government seeks to affirm its majority in the House.
    Negation results in the government's fall.
  • Censure Motion — Motion of disapproval, distinct from a no-confidence motion.
  • Motion of Thanks — Follows the President's annual address; its passage or failure implies government support or defeat.
  • No-Day-Yet-Named Motion — Accepted but undated motion; date set based on House business status and leader discussions.
  • Dilatory Motion — Adjourns, delays, or slows debate; can be moved anytime after a motion is made.

Types of Bills in Parliament

Type of BillDescription
Ordinary BillsAny matter other than financial matters.
Money BillsConcern financial matters like taxation, borrowing, expenditure, etc.
Financial BillsInclude financial subjects but are not Money Bills.
Constitutional Amendment BillsPropose changes to the provisions of the Constitution.

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Types of Bills in Parliament
  • Ordinary Bills — Any matter other than financial matters.
  • Money Bills — Concern financial matters like taxation, borrowing, expenditure, etc.
  • Financial Bills — Include financial subjects but are not Money Bills.
  • Constitutional Amendment Bills — Propose changes to the provisions of the Constitution.

Comparison of Money Bill and Financial Bill

AspectMoney BillFinancial Bill
Constitutional ReferenceArticle 110Article 117
DefinitionOnly matters specified under Article 110:
● Taxation,
● Borrowing by Centre,
● Consolidated & Contingency Funds → Custody and Payment
● Matters related to the Consolidated Fund → Appropriation of money + Charged Expenditure Penalty and fees Tax by local authority		3 types-
● Money Bill (Article 110)
● Financial Bill 1 (Article 117(1)), Financial Bill 2 (Article 117(3))
FB1: Matters of Article 110 and also other financial matters;
FB2: Expenditure from Consolidated Fund but no matters of Article 110
IntroductionOnly in Lok SabhaFB1: Only in Lok Sabha; FB2:
Any House
President's RecommendationMust before introductionFB1: Must before introduction; FB2: Before consideration
Procedure of PassagePassed by Lok Sabha
⬇
Cannot be amended/rejected by Rajya Sabha
⬇
Rajya Sabha must return within 14 days with/without recommendations		Like an Ordinary Bill
Speaker's CertificationRequired before sending to Rajya SabhaNot required
President's ChoiceAssent, WithholdAssent, Withhold, Return
Joint SittingNoYes

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Comparison of Money Bill and Financial Bill
  • Constitutional Reference — Article 110 — Article 117
  • Definition — Only matters specified under Article 110:
    ● Taxation,
    ● Borrowing by Centre,
    ● Consolidated & Contingency Funds → Custody and Payment
    ● Matters related to the Consolidated Fund → Appropriation of money + Charged Expenditure Penalty and fees Tax by local authority — 3 types-
    ● Money Bill (Article 110)
    ● Financial Bill 1 (Article 117(1)), Financial Bill 2 (Article 117(3))
    FB1: Matters of Article 110 and also other financial matters;
    FB2: Expenditure from Consolidated Fund but no matters of Article 110
  • Introduction — Only in Lok Sabha — FB1: Only in Lok Sabha; FB2:
    Any House
  • President's Recommendation — Must before introduction — FB1: Must before introduction; FB2: Before consideration
  • Procedure of Passage — Passed by Lok Sabha
    ⬇
    Cannot be amended/rejected by Rajya Sabha
    ⬇
    Rajya Sabha must return within 14 days with/without recommendations — Like an Ordinary Bill
  • Speaker's Certification — Required before sending to Rajya Sabha — Not required
  • President's Choice — Assent, Withhold — Assent, Withhold, Return
  • Joint Sitting — No — Yes

Presiding Officers of Parliament

PositionElected byResigns toRemoved by
ChairmanAll Rajya Sabha MPsPresidentEffective majority in Rajya Sabha; agreed to by Lok Sabha
Deputy ChairmanAll Rajya Sabha MPsVice-Presid entEffective majority in Rajya Sabha
SpeakerAll Lok Sabha MPsDeputy SpeakerEffective majority in Lok Sabha
Deputy SpeakerAll Lok Sabha MPsSpeakerEffective majority in Lok Sabha
AspectDetails
Election1. Date fixed by President
2. Elected by Lok Sabha members from amongst its members
3. Does not resign from party (unlike the UK)
Does the Speaker Vote?1. Does not vote in the first instance
2. Votes in case of a tie (casting vote)
3. When resolution for removal is being considered, does not preside and votes in the first instance, not in case of a tie
Speaker Vacates Seat When1. The house is dissolved
2. Ceases to be a member of the House
3. Removed by effective majority of Lok Sabha
When House is DissolvedSpeaker continues in office until immediately before the first meeting of the new House (as given in the Constitution)
SpeakerHolds office during the pleasure of the President
Must become a Member of Parliament within 6 months of becoming Speaker
1st SpeakerG.V. Mavalankar
1st Deputy SpeakerAnanthasayanam Ayyangar

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Presiding Officers of Parliament
  • Chairman — All Rajya Sabha MPs — President — Effective majority in Rajya Sabha; agreed to by Lok Sabha
  • Deputy Chairman — All Rajya Sabha MPs — Vice-Presid ent — Effective majority in Rajya Sabha
  • Speaker — All Lok Sabha MPs — Deputy Speaker — Effective majority in Lok Sabha
  • Deputy Speaker — All Lok Sabha MPs — Speaker — Effective majority in Lok Sabha
Speaker of the Lok Sabha
  • Election — 1. Date fixed by President
    2. Elected by Lok Sabha members from amongst its members
    3. Does not resign from party (unlike the UK)
  • Does the Speaker Vote? — 1. Does not vote in the first instance
    2. Votes in case of a tie (casting vote)
    3. When resolution for removal is being considered, does not preside and votes in the first instance, not in case of a tie
  • Speaker Vacates Seat When — 1. The house is dissolved
    2. Ceases to be a member of the House
    3. Removed by effective majority of Lok Sabha
  • When House is Dissolved — Speaker continues in office until immediately before the first meeting of the new House (as given in the Constitution)
  • Speaker — Holds office during the pleasure of the President
    Must become a Member of Parliament within 6 months of becoming Speaker
  • 1st Speaker — G.V. Mavalankar
  • 1st Deputy Speaker — Ananthasayanam Ayyangar
Deputy Speaker
  • Election:
  • – Date of election fixed by Speaker.
  • – Usually, the post goes to the main opposition party.
  • – Seat vacant since 26th May 2019 (as of 8th March 2022).
  • – Automatically becomes Chairman of any parliamentary committee of which he is a member.
  • Note:
  • – Speaker and Deputy Speaker do not take any separate oath (other than as an MP).
Speaker Pro Tem
  • Appointed by President.
  • Usually the senior-most member of the House.
  • Has all powers of Speaker.
  • Presides over the first sitting of the new Lok Sabha, administers the oath to new members, and lets the House elect the Speaker.
  • Ceases to exist once the new Speaker is elected.
Leader of Opposition
  • Salaries and Allowances of Leaders of Opposition in Parliament Act 1977 (SALOP Act, 1977) defines Leader of Opposition in Lok Sabha/Rajya Sabha.
  • Leader of the party with at least 1/10th seats.
  • Leader of the largest opposition party recognized by Speaker/Chairman.
  • Official recognition in 1969.
  • Statutory recognition in 1977.
  • Salary/allowance same as Cabinet Minister.
  • Table of precedence: CJI at #6, Leader of Opposition at #7, CEC at #9.
  • Leader of Opposition in Lok Sabha is part of the selection committee for Lokpal, CVC, CIC, CBI Director.
Directions by Speaker (1956)
  • To get rooms, etc., a party/group should have strength at least equal to quorum.
Whip
  • Issued by political parties to regulate the action of party members in Parliament.
  • Not mentioned in Constitution, laws, rules, etc.; it is a convention.
All 19 chapters of Polity notes
  1. Making of the Constitution1 sections
  2. Preamble3 sections
  3. Union & its Territory2 sections
  4. Citizenship2 sections
  5. Fundamental Rights8 sections
  6. Fundamental Duties3 sections
  7. Directive Principles8 sections
  8. Amendment & Basic Structure4 sections
  9. Parliamentary System1 sections
  10. Federal System3 sections
  11. Judiciary5 sections
  12. Parliament & the President2 sections
  13. Houses, Council of Ministers & PM5 sections
  14. Parliamentary Business6 sections
  15. Committees & State Legislature4 sections
  16. Centre–State Relations1 sections
  17. Inter-State Relations1 sections
  18. Emergency Provisions1 sections
  19. Constitutional & Statutory Bodies2 sections