All-Inclusive GS-2 & GS-3 MAINS 2021

Class-6
Class-1

Parliament Functions of President vis-a-vis Parliament:

➢ Bill becomes law after his assent
➢ summons and pro-rogues both the Houses
➢ Articles 79 to 122 in Part-V of the Constitution ➢ addresses both the Houses
deal with Parliament. ➢ dissolves the Lok Sabha
➢ Indian Parliament consists of President, RS, LS. ➢ issues ordinances, etc.

Bicameral legislature

LOK SABHA RAJYA SABHA

(House of People) (Council of States)
➢ Represents people ➢ Represents States/UTs
➢ Election by FPTP ➢ Election by PR
➢ 5-year term ➢ Permanent house, not
subject to dissolution

Functions/powers of Parliament:
❑ Legislative
➢ only Parliament can make laws on Union list
➢ Ordinance needs its approval within 6 weeks of reassembly
➢ authorizes and reviews rules made by Executive (delegated legislation)
❑ Executive
➢ remove Executive through no-confidence motion
➢ control Executive through debate and discussions, censure motion, etc.
➢ supervise Executive’s activities through committees
❑ Judicial
➢ remove President, VP, Judges of SC/HC, CEC, CAG
➢ punish for breach of its privilege
❑ Constitutional
➢ only Parliament can amend the Constitution
❑ Financial
➢ approves budget
➢ supervise spending through three financial committees
❑ Electoral
➢ participates in election of President, VP
➢ elects Speaker and Deputy Chairman
❑ Miscellaneous
➢ approves three types of emergency
➢ create or abolish SLCs
➢ alter area or name of States
➢ increase powers of Supreme Court (Article 138)

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 Functioning of Parliament
Raise issues of
Make laws
public interest

Role of
Parliament

Make Executive
accountable to people

Some issues in parliament's functioning:

❑ Sittings:
➢ In 1950s, LS met for 120 days/year on average
➢ Now its less than 70 days/year
➢ Untimely curtailment of sessions. e.g. recent monsoon session ended two days before
schedule.
❑ Poor attendance:
➢ just 71% in LS and 74% in RS
❑ Bills not referred to committees:
➢ Bills refereed to committees: 71% in 15 th LS, 27% in 16th LS, 11% in current LS
➢ not one of 13 bills referred to committee in Budget session 2021 e.g. NCT Delhi Bill,
Mines amendment bill, etc.
❑ Bills are passed without discussion:
➢ 76% of budget passed without discussion
❑ Speaker:
➢ No Deputy speaker elected in current Lok Sabha.
➢ Alleged bias by Speaker in not allowing opposition speak.

Consequences of ineffective functioning of Parliament:

❑ Disruptions:
❑ Lack of avenue to express dissent leads to disruptions inside & public protests outside.
❑ Judicial activism:
❑ Judiciary is forced to step in, to fill vacuum created by Parliament.

How can Parliament's functioning be improved? (see class-5 page-1)

❑ Pre-legislative scrutiny:
➢ Releasing bill in public will give enough time for study and can help build consensus.
❑ Opposition days:
➢ In UK, on 20/100 days opposition decides subjects for discussion.
❑ Virtual meetings like Judiciary:
➢ By conducting virtual meetings, number of sittings can be increased.

Closing remarks:
➢ Parliament is the sacred temple of democracy.
➢ It should not act as an organ of Executive.
➢ It should work as per its constitutional mandate, in letter and spirit.

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 Parliament: India vs Britain
India adopted 'Westminster' model of govt from Britain.
Hence, both have many things in common, but also some differences.

Similarities:
❑ Executive is formed from members of legislature.
❑ Executive is responsible to legislature.
❑ Presence of nominal and real executives:
❑ President is Head of State, ceremonial post
❑ PM is the Head of Govt., real executive
❑ India has ‘President-in-Parliament’ like the ‘Crown-in Parliament’ in Britain.

Differences:
❑ Constitutional sovereignty:
➢ Indian parliament has restricted powers due to written Constitution.
➢ Britain has parliamentary sovereignty. Parliament is supreme.
❑ Elected Head of state:
➢ India is a Republic. Head of State is (indirectly) elected.
➢ Britain is Constitutional Monarchy. Head of state is hereditary.
❑ Head of Government:
➢ In India, PM can be from either house.
➢ In Britain, PM can be from lower house only.
❑ Eligibility to be Minister:
➢ In India, non-MPs can be made minister for 6 months
➢ In Britain, only MPs can be made minister.
❑ Legal responsibility of minister:
➢ In India, ministers do not have individual or legal responsibility.
➢ In Britain, ministers countersign official acts, so they are individually responsible for acts.
❑ No shadow cabinet:
➢ In Britain actions of cabinet ministers are closely studied by opposition MPs.
➢ No such system in India

Rajya Sabha
Equal status with Lok Sabha: Unequal status with Lok Sabha:
➢ Passing ordinary bills & Constitutional amendment bills. ❑ Money bill:
➢ Election and impeachment of the President. ➢ can't be introduced in RS
➢ Removal of Judges of SC/HC, CEC, CAG. ➢ can't amend or reject it
➢ Approving three types of emergencies. ❑ Joint sitting:
➢ Presided by Speaker of LS
Special powers of Rajya Sabha: ➢ RS has less members than LS
➢ Article 249: RS can authorize Parliament to make law ❑ Emergency:
on state list subject. ➢ resolution to discontinue can
➢ Article 312: RS can authorize Parliament to create be passed only by LS
new All-India Service. ❑ Budget:
➢ Vice-President of India: Only RS alone can initiate ➢ RS can only discuss the
removal of VP. budget, not vote on grants
Question: ❑ Council of Ministers:
Why not give these functions to LS, and abolish RS? ➢ responsible to LS, not RS
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➢ Hence, except in financial matters and control over Council of Ministers, status of RS is broadly
equal to that of LS.
➢ Position of RS is not as weak as House of Lords in Britain, nor as strong as Senate in USA.

Issues:
➢ it delays the passing of bills
➢ RS seats used to raise funds for party, leads to crony capitalism
➢ Helps in horse trading by offering RS seat for switching party.

Still useful:
➢ It checks hasty and defective bills passed by LS.
➢ It helps give representation to experts through nomination by President.
➢ It strengthens Federalism by protecting interests of the states.

Dr. S. Radhakrishnan said in 1952:

➢ There is a general impression that RS is a superfluous body.
➢ But there are functions which a revising chamber can fulfil fruitfully.
➢ Because Parliament is not only a legislative but a deliberative body.

Mains 2020: Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful
supporting organ in past few decades. Highlight the factors as well as the areas in which this
transformation could be visible. (250 words, 15 marks)

❑ Rise of regional parties:

➢ After independence, same party dominated LS and most states.
➢ With rise of regional parties, RS debates became more representative.
❑ Talented leaders:
➢ Dr. Manmohan Singh & many other leaders could serve as part of Executive due to RS.
❑ President's rule:
➢ RS approved President's rule in Haryana in 1991 when LS was dissolved.
❑ Removal of Judge:
➢ In 2011, RS passed resolution for removal of Calcutta HC Judge Soumitra Sen.
➢ He resigned before motion could be taken up by LS.
❑ Expulsion of members:
➢ Expelled MPs like Swami Sakhsi Ji Maharaj in 2006 for MPLAD irregularities.
❑ Negatived 5 bills:
➢ 5 bills passed by LS but stopped by RS. e.g. 24 th Constitution Amendment Bill, 1970
❑ Amended 120 bills:
➢ 120 bills passed by LS were amended by RS, e.g. NMC bill 2019 and MV Bill 2019
❑ Other facts:
➢ More than 3,800 laws made, more than 100 amendments done.
➢ Representation of women in RS increased from 7% in 1952 to 13% in 2014.
❑ Comments:
➢ There has been recent tendency to bypass RS, by labelling ordinary bills as money bill.
➢ e.g. Finance Act 2017 (Tribunals and Electoral bonds) and Tribunals Reform Bill 2021.
➢ Such actions negate the importance of Rajya Sabha.

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