GS Notes

PARLIAMENTNOTES

Parliament of India

Quorum to constitute a sitting of the House is onetenth of the total number of members of the Houseunderarticle100(3) Qualifications: to become a member of the Lok Sabha, a person should be a citizen of India, not less than 25 years of age and possess such other qualifications as may be prescribed by or under anylawmadebyParliament[Art.84] Deadlock between the two Houses: In the case of Bills other than Money Bills and Constitution Amendment Bills, a disagreement between the two Houses may arise when a Bill passed by one HouseisrejectedbytheotherHouse;ortheHouseshavefinallydisagreedastotheamendments tobe made in theBill; or more than six months have elapsed from the date of receiptof the Bill bytheotherHousewithouttheBillbeingpassedbyit. "Adjournment" is a postponement of the sitting or proceedings of the House from one time to another specified for the reassembling of the House. During the course of a Session, the Lok Sabha may be adjourned from day to day or for more than a day. It may also be adjourned sine die which means the termination of a sitting of the House without any definitedatebeingfixedforitsnextsitting. "Prorogation" means the termination of a Session of the House by an order made by the President under article 85(2)(a) of the Constitution. The Prorogation of the House may take place any time, even while the House is sitting. However, usually, prorogation follows the adjournmentofthesittingoftheHousesinedie. "Dissolution" of the House means the end of the life of the Lok Sabha either by an order made by the President under article 85 (2) (b) of the Constitution or on the expiration of the period of five years from the date appointed for its first meeting. Dissolution puts an end to therepresentativecharacteroftheindividualswhoatthetimecomposetheLokSabha. On adjournment of the Lok Sabha or its adjournment sine die, the pending business does not lapse. Bills pending before either House or Select/Joint Committee, Motions, Resolutions, and amendments which have already been moved and pending in the House, and business pending before a Parliamentary Committee do not lapse on prorogation whereas all business pending beforethe Houseoranyof its Committeelapse ondissolution.Prorogationterminates aSession anddoesnotconstituteaninterruptioninthecontinuityoflifeoftheLokSabhawhichisbrought toanendonlybydissolution.

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GS Notes
WhatarethemethodsofvotingintheLokSabha?

Parliament of India

The procedure regarding Voting and Divisions in the House is governed by article 100(1) of the Constitution and Rules 367, 367A, 367AA and 367B of the Rules of Procedure and Conduct of BusinessinLokSabha.ThevariousmethodsadoptedforvotingintheLokSabhaare: (i) Voice Vote: It is a simple method for deciding a question put by the Chair on a motion made by a member. Under this method, the question before the House is determined bythe`Ayes'orthe`Noes',asthecasemaybe. (ii) Division: There are three methods of holding a Division, i.e. (a) by operating the Automatic Vote Recording Equipment; (b) by distributing `Ayes' and `Noes' slips in the House;and(c)bymembersgoingintotheLobbies (iii) Secret Ballot: During an 'open' voting period, the individual results are shown by the three characters 'A', 'N' and 'O' on the Individual Result Display Panel. Secret voting, if any,isonsimilarlines (iv) Recordingofvotesbydistributionofslips:Themethodofrecordingofvotesbymembers on `Aye' and `No' slips is generally resorted to in the eventuality of (i) sudden failure of the working of the Automatic Vote Recording Equipment; and (ii) at the commencement ofthenewLokSabha,beforetheseats/divisionnumbershavebeenallottedtomembers. (v) PhysicalcountofMembersintheirplacesinsteadofaformaldivision:Ifintheopinionof the Chair, a Division is unnecessarily claimed, he/she may ask the members who are for `Aye' and those for `No',respectively,torise in their places and on acount being taken, he/she may declare the determination of the House. In such a case, the particulars of votingofthemembersarenotrecorded. (vi) Casting Vote: If in a Division the number of `Ayes' and `Noes' is equal, the question is decided by the casting vote of the Chair. Under the Constitution, the Speaker or the person acting as such cannot vote in a Division; he/she has only a casting vote which he/shemustexerciseinthecaseofequalityofvotes. Question Hour: Rule 32 of the Rules of Procedure and conduct of Business in Lok Sabha provides that unless the Speaker otherwise desires the first hour of every sitting of the House shallbeavailablefortheaskingandansweringofQuestions.Thus,itistakenupfrom1100hrsto 1200hrsineverysitting.

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GS Notes
DifferenttypesofQuestions

Parliament of India

Starred:Amemberwhodesiresan oralanswertohis questionis requiredtodistinguish itby an asterix. Maximum 20 Questions are included in the list of Starred Questions for a particularday.Thisisprintedongreenpaper.Minimumof15cleardaysnoticeisrequiredfor tabling Starred Questions. The Questions not orally answered in the Starred list of questions aretreatedasaUnstarredQuestionsandtheirrepliesarelaidontheTableoftheHouse.

Unstarred: These do not carry the asterix mark and are meant for obtaining written reply. Notmore than 230 Questions canbe placedonthe Unstarred list fora particular sitting. This list is printed on white paper. Minimum of 15 clear days notice is required for tabling Unstarred Questions. Written answers given by the Ministers are deemed to have been laid ontheTableoftheHouseatendofQuestionHour.

Short Notice Question: Question can also be asked on a matter of urgent public importance atanoticeoflessthantheperiodspecifiedforordinaryQuestion.ThelistofadmittedSNQis printed on a pink paper. The procedure of SNQ is regulated by Rule 54 and the basic test for itsadmissibilityistheurgencyofmatter.SNQisaskedandansweredsoonaftertheQuestion Hour.

QuestiontoPrivateMembers:AQuestionmayalsobeaddressedtoaPrivateMemberunder Rule 40 of the Rules of Procedure and Conductof Business inLok Sabha, whichprovidesthat thesubjectmatterof thequestionshouldbe relatedtosome Bill,Resolutionor other matter connected with the Business of the House for which that member is responsible. For instance, the Questions which relates to matters under the purview of Parliamentary Committees can be addressed to respective Chairman. Similarly, Members piloting Private Members Bills and Resolutions can be addressed questions, which are within cognizance of them under this provision. The procedure in regard to such questions is the same as that followedinthecaseofquestionsaddressedtoaMinisterwithsuchvariationsastheSpeaker mayconsidernecessary.

HalfanHour Discussion: Another instrument available to the members of Lok Sabha for raising issue of public importance is the HalfanHour Discussion. Under this, a Member may raise discussion on a matter of sufficient public importance which has been the subject of a recent question, Starred, Unstarred or Short Notice Question and the answer to which needs further elucidationonamatteroffact. Parliamentary Forums have been constituted with the objective of equipping members with information and knowledge on specific issues of national concern and in assisting them to adopt

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Parliament of India
a resultoriented approach towards related issues. These Forums provide an opportunity to memberstocometogetheranddiscussaparticularissueanditswiderramifications. 1. 1STWaterConservationandManagementwasconstitutedin2005. 2. ParliamentaryForumonYouth 3. Children 4. PopulationandPublicHealth 5. GlobalWarmingandClimateChange 6. DisasterManagement StepsinvolvedinthepassageofaBill A Bill while being considered has to undergo three stages in each House of Parliament. The firststageconsistsoftheintroductionoftheBillwhichisdoneonamotionmovedbyeithera Ministeroramember. During the second stage, any of the following motions can be moved: that the Bill be taken intoconsideration;thatitbereferredtoaSelectCommitteeoftheHouse; that itbereferred to a Joint Committee of the two Houses; or that it be circulated for the purpose of eliciting opinion thereon. Thereafter, the Bill is taken up for clausebyclause consideration as introducedorasreportedbytheSelect/JointCommittee. ThethirdstageisconfinedtothediscussiononthemotionthattheBillbepassedandtheBill is passed/rejected either by voting or voice vote (or returned to the Lok Sabha by the Rajya SabhainthecaseofaMoneyBill). CallingAttentionMotion Under this procedural device, a member may, with the prior permission of the Speaker, call the attention of a Minister to any matter of urgent public importance and the Minister may makeabriefstatementoraskfortimetomakeastatementlater. There can be no debate on such a statement at the time it is made. But, brief clarifications can be sought from the Minister by the member who has initiated the Calling Attention and othermemberswhoarecalledbytheSpeaker. Only those matters which are primarily the concern of the Union Government can be raised throughaCallingAttentionnotice. The Calling Attention procedure is an Indian innovation which combines asking a question with supplementaries and making brief comments; the Government also gets adequate opportunitytostateitscase.

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GS Notes
TheCallingAttentionmatterisnotsubjecttothevoteoftheHouse.

Parliament of India

MOTION `Motion'inparliamentaryparlancemeansanyformalproposalmadetotheHousebyamember forthepurposeofelicitingadecisionoftheHouse.Itisphrasedinsuchawaythat,ifadopted,it willpurporttoexpressthejudgementorwilloftheHouse.Anymatterofimportancecanbethe subjectmatterof a motion.Themoverof amotionframes it in a form in whichhe/shewishes it ultimately to be passed by the House and on which a vote of the House can conveniently be taken. 3broadcategories:substantivemotions,substitutemotionsandsubsidiarymotions. 1. A substantive motion is a selfcontained, independent proposal made in reference to a subject which the mover wishes to bring forward. All Resolutions, Motions for election of theSpeakerandDeputySpeaker,andMotionofThanksontheAddressbythePresident,etc. areexamplesofsubstantivemotions. 2. A substitute motion, as its name suggests, is moved in substitution of the original motion for taking into consideration a policy or situation or statement or any other matter. Amendmentstosubstitutemotionsarenotpermissible. 3. Subsidiary motions depend upon or relate to other motions or follow up on some proceedings in the House. By itself, it has no meaning and is not capable of stating the decision of the House without reference to the original motion or the proceedings of the House. Adjournment Motion is the procedure for adjournment of the business of the House for the purpose of discussing a definite matter of urgent public importance, which can be moved with theconsentoftheSpeaker. The Adjournment Motion, if admitted, leads to setting aside of the normal business of the Housefordiscussingthemattermentionedinthemotion. Tobeinorder,anadjournmentmotionmustraiseamatterofsufficientpublicimportanceto warrant interruption of normal business of the House and the question of public importance isdecidedonmeritineachindividualcase. The purposeof anAdjournment Motion istotaketheGovernmenttotask for arecentactof omissionorcommissionhavingseriousconsequences. ItsadoptionisregardedasasortofcensureoftheGovernment.

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GS Notes
MotionofNoconfidence

Parliament of India

The Government must always enjoy majority support in the popular House to remain in power. If need be, it has to demonstrate its strength on the floor of the House by moving a MotionofConfidenceandwinningtheconfidenceoftheHouse.

In view of the express constitutional provision regarding collective responsibility of the Council of Ministers to the Lok Sabha, a motion expressing want of confidence in an individual Minister is out of order; under the Rules, only a motion expressing want of confidenceintheCouncilofMinistersasabodyisadmissible.

AMotionofNoconfidenceneednotsetoutanygroundsonwhichitisbased. Evenwhengrounds arementionedinthenoticeandreadoutintheHouse,theydonotform partoftheNoconfidenceMotion.

NoDayYetNamed Motion:If theSpeaker admits notice of amotion andnodate is fixed forits discussion, it is called a "NoDayyetNamed Motion" and a copy of the admitted motion is forwardedtotheMinisterconcernedwiththesubjectmatterofthemotion. DiscussionunderRule193 does not involve a formal motion before the House. Hence no voting can take place after discussiononmattersunderthisrule. Thememberwhogivesnoticemaymakeashortstatementandsuchofthemembersashave previously intimated to the Speaker, may be permitted to take part in the discussion. The memberwhoraisesthediscussionhasnorightofreply. Attheendofthediscussion,theMinisterconcernedgivesabriefreply.

Short Duration Discussion: In order to provide opportunities to members to discuss matters of urgent public importance, a convention was established. Under this Rule, members can raise discussionforshortdurationswithoutaformalmotionorvotethereon. Matters under Rule 377: Matters, which are not points of order can be raised by way of Special Mentions under Rule 377. This procedural device, framed in 1954, provides opportunity to the memberstoraise matters of general public interest.At present, the numberof matters that can beraisedbymembersunderRule377onasingledayis20. "Zero Hour" : The time immediately following the Question Hour and laying of papers and before any listed business is taken up in the House has come to be popularly known as the `Zero

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GS Notes

Parliament of India
Hour'. For raising matters members give notice before 10 a.m. everyday to the Speaker stating clearlythesubjectwhichtheyconsidertobeimportantandwishtoraise Resolution A Resolution is a formal expression of the sense, will or action of the Legislative Body. Resolutionsmaybebroadlydividedintothreecategories: Resolutions which are expression of opinion by the House since the purpose of such a Resolution is merely to obtain an expression of opinion of the House, the Government is not boundtogiveeffecttotheopinionsexpressedintheseResolutions. Resolutions which have statutory effect the notice of a Statutory Resolution is given in pursuance of a provision in the Constitution or an Act of Parliament. Such a Resolution, if adopted,isbindingontheGovernmentandhastheforceoflaw. Resolutions which the House passes in the matter of control over its own proceedings. It has the force of law and its validity cannot be challenged in any court of law. The House, by such a Resolution, evolves, sometimes, itsown procedure to meeta situation not specifically providedforintheRules. PointofOrder relates to the interpretation or enforcement of the Rules of Procedure and Conduct of Business in the House or convention or such articles of the Constitution as regulate the businessoftheHouseandraisesaquestionwhichiswithinthecognizanceoftheSpeaker. A Point of Order may be raised only in relation to the business before the House at the moment, provided that the Speaker may permit a member to raise a Point of Order during the interval between the termination of one item of business and the commencement of another if it relates to maintenance of order in, or arrangement of business before, the House. A member may formulate a Point of Order and the Speaker shall decide whether the point raisedisaPointofOrderandifsogivehis/herdecisionthereon,whichisfinal. Parliamentaryprivileges The term `parliamentary privilege' refers to certain rights and immunities enjoyed by each House of Parliament and Committees of each House collectively, and by members of each House individually, without which they cannot discharge their functions efficiently and effectively.

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GS Notes

Parliament of India
Objective: to safeguard the freedom, the authority and the dignity of Parliament. The powers, privileges and immunities of either House of Parliament and of its Committees and membershavebeenlaiddowninarticle105oftheConstitution. The House has the power to punish any person who commits a contempt of the House or a breachofanyofitsprivileges. Codification: No law has so far been enacted by Parliament in pursuance of article 105(3) of theConstitutiontodefinethepowers,privilegesandimmunitiesavailabletoeachHouseand its members and the Committees thereof. In the absence of any such law, the powers, privileges and immunities of the Houses of Parliament, and of the members and the Committees thereof, shall be those of that House and of its members and Committees immediately before the coming into force of section 15 of the Constitution (Fortyfourth Amendment)Act,1978. DifferencebetweenbreachofprivilegeandcontemptoftheHouse? When any of the privileges, either of the members individually or of the House in its collective capacity, is disregarded or attacked by any individual or authority, the offence is called a `breach ofprivilege'. Contempt of the House may be defined generally as any act or omission which obstructs or impedes either House of Parliament in the performance of its functions, or which obstructs or impedesanymemberorofficersofsuchHouseinthedischargeofhisorherduty,orwhichhasa tendency,directlyor indirectly,toproduce suchresults eventhoughthere isnoprecedentofthe offence. Whereas all breaches of privilege are contempts of the House whose privileges are violated,apersonmaybeguiltyofacontemptoftheHouseeventhoughhedoesnotviolateany oftheprivilegeoftheHouse,e.g.whenhedisobeysanordertoattendaCommitteeorpublishes reflectionsonthecharacterorconductofamemberinhiscapacityasamember. RelationbetweenthetwoHouses Under article 75(3) of the Constitution, the Council of Ministers is collectively responsible to Lok Sabha which means Rajya Sabha cannot make or unmake the Government. It can, however, exercise control over the Government and this function becomes quite prominent, particularlywhentheGovernmentdoesnotenjoymajorityinRajyaSabha. To resolve a deadlock between the two Houses, in case of an ordinary legislation, the Constitution provides for the joint sitting of both Houses. In fact, there have been three occasions in the past when the Houses of Parliament had met in joint sitting to resolve differences between them. Issues in joint sitting are decided by a majority of the total

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GS Notes

Parliament of India
numberofmembersofbothHousespresentandvoting.ThejointsittingisheldintheCentral Hall of Parliament House presided over by the Speaker, Lok Sabha. However, in the case of a Money Bill, there is no provision in the Constitution for a joint sitting of both Houses as Lok Sabha clearly enjoys preeminence over Rajya Sabha in financial matters. As regards a Constitution amendment Bill, it has been provided in the Constitution that such a Bill has to be passed by the specific majority, as prescribed under article 368 of the Constitution, by both Houses. There is, therefore, no provision for resolving a deadlock between the two HousesinregardtoaConstitutionamendmentBill. Ministers may belong to either House of Parliament. The Constitution does not make any distinction between the Houses in this regard. EveryMinister has the right tospeak and take part in the proceedings of either House but he is entitled to vote only in the House of which heisamember. Similarly,withregardtopowers,privilegesand immunitiesoftheHousesofParliament,their members andcommitteesthereof,thetwoHousesareplacedabsolutelyonequal footingby theConstitution. Other important matters in respect of which both Houses enjoy equal powers are election and impeachment of the President, election of the VicePresident, approving the ProclamationofEmergency,theproclamationregardingfailureofconstitutionalmachineryin States and financial emergency. In respect of receiving reports and papers from various statutoryauthorities,etc.,bothHouseshaveequalpowers. It is thus clear that except in the case of collective responsibility of the Council of Ministers and certain financial matters, which fall in the domain of Lok Sabha only, both Houses enjoy equalpowers. SpecialPowersofRajyaSabha Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution. All the subjects/areas regarding legislation have been divided into three Lists Union List, State List and concurrent List. Union and State Lists are mutually exclusive one cannot legislate on a matter placed in the sphere of the other. However, if Rajya Sabha passes a resolution by a majority of not less than twothirds of members present and voting saying that it isnecessaryor expedient inthe national interest thatParliamentshould make a law onamatterenumerated inthe StateList, Parliamentbecomesempoweredtomakea lawon the subject specified in the resolution, for the whole or any part of the territory of India. Such a resolution remains in force for a maximum period of one year but this period can be extendedbyoneyearatatimebypassingasimilarresolutionfurther.

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Parliament of India
If Rajya Sabha passes a resolution by a majority of not less than twothirds of the members present and voting declaring that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament becomesempoweredtocreatebylawsuchservices. Under the Constitution, the President is empowered to issue Proclamations in the event of national emergency, in the event of failure of constitutional machinery in a State, or in the case of financial emergency. Every such proclamation has to be approved by both Houses of Parliament within a stipulated period. Under certain circumstances, however, Rajya Sabha enjoysspecialpowersinthisregard.IfaProclamationisissuedatatimewhenLokSabhahas been dissolved or the dissolution of Lok Sabha takes place within the period allowed for its approval, then the proclamation remains effective, if the resolution approving it is passed by RajyaSabhawithintheperiodspecifiedintheConstitutionunderarticles352,356and360. RajyaSabhainFinancialMatters A Money Bill can be introduced only in Lok Sabha. After it is passed by that House, it is transmitted to Rajya Sabha for its concurrence or recommendation. The power of Rajya Sabha in respect of such a Bill is limited.Rajya Sabha has to return such a Bill to Lok Sabha withinaperiodoffourteendaysfromitsreceipt.IfitisnotreturnedtoLokSabhawithinthat time, the Bill is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha. Again, Rajya Sabha cannot amend a Money Bill; it can only recommend amendments and Lok Sabha may either accept or reject alloranyoftherecommendationsmadebyRajyaSabha. Apart from a Money Bill, certain other categories of Financial Bills also cannot be introduced in Rajya Sabha. There are, however, some other types of Financial Bills on which there is no limitationonthepowersoftheRajyaSabha.TheseBillsmaybeinitiated ineitherHouseand Rajya Sabha has powers to reject or amend such Financial Bills like any other Bill. Of course, such Bills cannot be passed by either House of Parliament unless the President has recommendedtothatHousetheconsiderationthereof. From all this, however, it does not follow that Rajya Sabha has nothing to do in matters relating to finance. The Budget of the Government of India is laid every year before Rajya Sabha also and its members discuss it. Though Rajya Sabha does not vote on Demands for Grants of various Ministries a matter exclusively reserved for Lok Sabha no money, however,canbewithdrawnfromtheConsolidatedFundofIndiaunlesstheAppropriationBill has been passed by both the Houses. Similarly, the Finance Bill is also brought before Rajya Sabha. Besides, the Departmentrelated Parliamentary Standing Committees that examine

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GS Notes

Parliament of India
the annual Demands for Grants of the Ministries/Departments are joint committees having tenmembersfromRajyaSabha. AllocationofSeats The Fourth Schedule to the Constitution provides for allocation of seats to the States and Union Territories in Rajya Sabha.The allocation of seats is made onthe basis ofthepopulation of each State. Consequent on the reorganization of States and formation of new States, the number of elected seats in the Rajya Sabha allotted to States and Union Territories has changed from time totimesince1952. Eligibility Qualifications Article 84 of the Constitution lays down the qualifications for membership of Parliament. A person to be qualified for the membership of the Rajya Sabha should posses the following qualifications: 1. he must be a citizen of India and make and subscribe before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for thepurposeintheThirdScheduletotheConstitution; 2. hemustbenotlessthan30yearsofage; 3. hemustpossesssuchotherqualificationsasmaybeprescribedinthatbehalfbyorunderany lawmadebyParliament. Disqualifications Article 102 of the Constitution lays down that a person shall be disqualified for being chosen as, andforbeing,amemberofeitherHouseofParliament 1. if he holds any office of profit under the Government of India or the Government of any State,otherthananofficedeclaredbyParliamentbylawnottodisqualifyitsholder; 2. ifheisofunsoundmindandstandssodeclaredbyacompetentcourt; 3. ifheisanundischargedinsolvent; 4. ifheisnotacitizenofIndia,orhasvoluntarilyacquiredthecitizenshipofaforeignState,oris underanyacknowledgementofallegianceoradherencetoaforeignState; 5. ifheissodisqualifiedbyorunderanylawmadebyParliament.

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Parliament of India
Explanation For the purpose of this clause a person shall not be deemed to hold an office of profit under the Government of India or theGovernmentof any State byreason onlythat heis a MinistereitherfortheUnionorforsuchState. Besides, the Tenth Schedule to Constitution provides for disqualification of the members on ground of defection. As per the provisions of the Tenth Schedule, a member may be disqualifiedasamember,ifhevoluntarilygivesupthemembershipofhispoliticalparty;orif hevotesorabstainsfromvotingintheHousecontrarytoanydirectionissuedbythepolitical party to which he belongs, unless such voting or abstention has been condoned by the political party within fifteen days. A member elected as an independent candidate shall be disqualifiedifhejoinsanypoliticalpartyafterhiselection. A member nominated to the House by the President, however, is allowed to join a political partyifhe/shedoessowithinthefirstsixmonthsoftakingseatintheHouse. A member shall not be disqualified on this account, if he voluntarily leaves the membership ofhispoliticalpartyafterheiselectedDeputyChairman,RajyaSabha. History Extensive debate took place in the Constituent Assembly regarding the utility or otherwise of a Second Chamber in Independent India and ultimately, it was decided to have a bicameral legislature for independent India mainly because a federal system was considered to be most feasible form of Government for such a vast country with immense diversities. A single directly elected House, in fact, was considered inadequate to meet the challenges before free India. A second chamber known as the Council of States, therefore, was created with altogether different composition and method of election from that of the directly elected House of the People. It was conceived as another Chamber, with smaller membership than the Lok Sabha (House of the People). It was meant to be the federal chamber i.e., a House elected by the electedmembersofAssembliesoftheStatesandtwoUnionTerritoriesinwhichStateswerenot given equal representation. Apart from the elected members, provision was also made for the nomination of twelve members to the House by the President. The minimum age of thirty years was fixed for membership as against twentyfive years for the Lower House. The element of dignity and prestige was added to the Council of State House by making the VicePresident of IndiaexofficioChairmanoftheRajyaSabhawhopresidesoveritssittings.

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COMMITTEESOFRAJYASABHA Introduction

Parliament of India

Parliamentary Committees play a vital role in the Parliamentary System. They are a vibrant link between the Parliament, the Executive and the general public. The need for Committees arises out of two factors, the first one being the need for vigilance on the part of the Legislature over the actions of the Executive, while the second one is that the modern Legislature these days is overburdened with heavy volume of work with limited time at its disposal. It thus becomes impossiblethateverymattershouldbethoroughlyandsystematicallyscrutinisedandconsidered on the floor of the House. If the work is to be done with reasonable care, naturally some Parliamentary responsibility has to be entrusted to an agency in which the whole House has confidence. Entrusting certain functions of the House to the Committees has, therefore, become anormalpractice.ThishasbecomeallthemorenecessaryasaCommitteeprovidestheexpertise onamatterwhich isreferredtoit.InaCommittee,thematterisdeliberatedatlength,viewsare expressed freely, the matter is considered in depth, in a businesslike manner and in a calmer atmosphere. In most of the Committees, public is directly or indirectly associated when memoranda containing suggestions are received, onthespot studies are conducted and oral evidenceistakenwhichhelpstheCommitteesinarrivingattheconclusions. TheCommitteesaidandassisttheLegislatureindischargingitsdutiesandregulatingitsfunctions effectively, expeditiously and efficiently. Through Committees, Parliament exercises its control and influence over administration. Parliamentary Committees have a salutary effect on the Executive. The Committees are not meant to weaken the administration, instead they prevent misuse of power exercisable by the Executive. It may, however, be remembered that Parliamentary control in the context of the functioning of the Committees may mean influence, not direct control; advice, not command; criticism, not obstruction; scrutiny, not initiative; and accountability, not prior approval. This, in brief, is the rationale of the Committee System. The Committees have functioned in a nonpartisan manner and their deliberations and conclusions have been objective. This, in a large measure, accounts for the respect in which the recommendationsoftheParliamentaryCommitteesareheld. TypesofCommittees Rajya Sabha possesses an organised system of Committees. Appointments, term of office, functions and procedure for conducting business in these Committees are regulated under the provisions of the Rules and directions given by the Chairman from time to time.

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TheCommitteesmaybeclassifiedasAdhocCommitteesandStandingCommittees. AdhocCommitteesareappointedfromtimetotimetoenquireintospecificsubjects.

Parliament of India

TheyarenotnamedassuchintheRulesofProcedureofRajyaSabhabutcomeintobeingon a specific motion and becomefunctus officioimmediately after reporting to the House on mattersassignedtothem.

AdhocCommitteesaregenerallySelectCommitteesandJointSelectCommitteesonBills.

The second category of Committees, namely, Standing Committees may be divided in terms of theirfunctionsunderfourbroadheads: 1.Committeestoenquire (a)CommitteeonPetitions; (b)CommitteeofPrivileges;and (c)EthicsCommittee. 2.Committeestoscrutiniseandcontrol (a)CommitteeonGovernmentAssurances; (b)CommitteeonSubordinateLegislation;and (c)CommitteeonPapersLaidontheTable. 3.CommitteesrelatingtodaytodaybusinessoftheHouse (a)BusinessAdvisoryCommittee;and (b)RulesCommittee. 4.HouseKeepingCommittees (a)HouseCommittee; (b)GeneralPurposesCommittee;and (c)CommitteeonProvisionofComputerstoMembersofRajyaSabha. TherearesomeFinancialCommitteesofLokSabhawithwhichMembersofRajyaSabhaare associated.Theseare: (a)CommitteeonPublicAccounts;and (b)CommitteeonPublicUndertakings. TherearealsoJointParliamentaryCommitteesonwhichmembersofboththeHousesare represented.TheseCommitteesare:

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(a)CommitteeontheWelfareofScheduledCastesandScheduledTribes; (b)CommitteeonOfficesofProfit;

Parliament of India

(c)[ParliamentaryCommitteetoreviewtherateofdividendpayablebytheRailwayUndertaking totheGeneralRevenues](RailwayConventionCommittee); (d)CommitteeonEmpowermentofWomen (e)LibraryCommittee (f)CommitteeonFoodManagementinParliamentHouseComplex (g)CommitteeonInstallationofPortraits/StatuesofNationalLeadersandParliamentariansinthe ParliamentHouseComplex (h)CommitteeonSecurityMattersinParliamentHouseComplex The functions, etc. of each of these Committees are described below in brief: (1)Business Advisory CommitteeThis Committee recommends the time that should be allocatedforthediscussionofthestageorstagesofsuchGovernmentBillsandotherbusinessas the Chairman in consultation with the Leader of the House may direct for being referred to the Committee. The Committee also recommends the time that should be allocated for the discussion of stage or stages of private Members' Bills and Resolutions. It has the power to indicate in the proposed timetable the different hours at which the various stages of the Bill or otherbusinessaretobecompleted. (2)CommitteeonPapers Laidonthe TableThe function ofthe Committeeistoconsider,after apaperislaidbeforetheCouncilbyaMinisterwhether: (a) there has been compliance with the provisions of the Constitution or an Act of Parliamentoranyotherlaw,ruleorregulationsinpursuanceofwhichthepaperhasbeensolaid; (b) there has been any unreasonable delay in laying the paper before the Council and if so, whether a statement explaining the reasons for such delay has also been laid before the Councilalongwiththepaperandwhetherthosereasonsaresatisfactory;and (c) the paper has been laid before the Council both in English and Hindi and if not, whether a statement explaining the reasons for not laying the paper in Hindi has also been laid beforetheCouncilalongwiththepaperandwhetherthosereasonsaresatisfactory.

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(3)Committee on PetitionsThe functions of the Committee are: (a) to examine every petition referred to it, and if the petition complies with the rules, to direct that it be circulated inextensoor in summary form, as the case may be; and (b) to report to the House on specific complaints made in the petition after taking such evidence as it deems fit and to suggest remedial measures, either in a concrete form applicable to the case under consideration or to preventrecurrenceofsuchcase (4)Committee of PrivilegesThe Committee examines every question of privilege referred to it eitherby the Houseorby theChairman and determineswithreference tothe facts ofeachcase, whether a breach of privilege is involved and, if so, the nature of the breach, the circumstances leadingtoitandmakes suchrecommendations as it deemsfit.TheCommitteecan also reportto the House the procedure that may be followed by the House in giving effect to the recommendationsmadebytheCommittee. (5)Committee on RulesThe Committee considers matters of procedure and conduct of businessinRajyaSabhaand recommendsany amendments oradditionstotherulesthatmay be deemednecessary. (6)Committee on Subordinate LegislationThe functions of the Committee are to scrutinise and report to Rajya Sabha whether the powers to make rules, regulations, byelaws, scheme or other statutory instruments conferred by the Constitution or delegated by Parliament are being properlyexercisedwithinsuchconfermentordelegation,asthecasemaybe. The Committee examines such rule, regulation, byelaw, scheme or other statutory instrument framed in pursuance of the Constitution or the legislative functions delegated by Parliament to a subordinate authority, irrespective of the fact whether it is required to be laid before the House or not and, in particular, considers: (a) whether it is in accord with the general objects of the Constitution, ortheActpursuanttowhichitismade;(b)whether itcontainsmatterwhichin the opinionoftheCommitteeshouldmoreproperlybedealtwithinanActofParliament;(c)whether it contains imposition of any tax; (d) whether it directly or indirectly bars the jurisdiction of the Courts; (e) whether it gives retrospective effect to any of the provisions in respect of which the Constitution or the Act pursuant to which it is made does not expressly give any such power; (f) whether it involves expenditure from the Consolidated Fund of India or the public revenues; (g) whether it appears to make some unusual or unexpected use of the powers conferred by the Constitution or the Act pursuant to which it is made; (h) whether there appears to have been

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unjustifiable delay in its publication or in laying it before Parliament; and (i) whether for any reasonitsformorpurportcallsforanyelucidation. The Committee examines Bills which seek to delegate powers to make rules, regulations, bye laws, etc. or amend earlier Acts delegating such powers, with a view to seeing whether suitable provisionsforthelayingoftherules,regulations,etc.beforeParliamenthavebeenmadetherein. The Committee also examines representations made to it in regard to rules, regulations, bye laws,etc.madeorrequiredtobemadeunderanAct. (7)Committee on Government AssurancesThe functions of the Committee are: (a) to scrutinise the assurances, promises, undertakings, etc. given by Ministers from time to time on the floor of the House during Question Hour as also during discussion on Bills, Resolutions, Motions, Calling Attention notices, etc.; and (b) to report to the House on the extent to which such assurances, promises, undertakings, etc. have been fully or satisfactorily implemented, and when implemented, whether such implementation has taken place within the minimum time necessary for the purpose or whether there has been an inordinate delay in the implementation ofassurancesandifso,thereasonstherefor. (8)General Purposes Committee. The functions of the Committee are to consider and advise on such matters concerning the affairs of the House as may be referred to it by the Chairman fromtimetotime. (9)House CommitteeThe functions of the Committee are (i) to deal with all questions relating to the allotment of residential accommodation to Members of Rajya Sabha (10)CommitteeonEthicsWiththeincorporationofrulesrelatingtotheCommitteeonEthics in the Rules of Procedure and Conduct of Business in the Council of Statesw.e.f.July 20, 2004, the mandate of the Committee was widened to, apart from overseeing the moral and ethical conduct of Members, preparing a Code of Conduct for Members and to suggest amendments or additions therein from time to time in the form of reports to the Council; examining cases concerning the alleged breach of Code of Conduct by Members as also cases concerning allegations of any other ethical misconduct of Member; and tendering advice to Members from time to time on questions involving ethical standards eithersuomotuor on receiving specific requests. The Committee was also bestowed with the power to recommend imposition of sanctions such as censure, reprimand, suspension from the Council for a specific period and any other sanction for proven unethical behaviour or other misconduct and contravention of the Code of Conduct / rules on the part of the Members. The Committee consists of 10 Members

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and as per practice, the Leaders of top ten parties as per their numerical strength in the House aregenerallynominatedtobethemembersoftheCommitteeandincasetheLeadershappento be Ministers then the choice is extended to the Deputy Leaders of the parties. The Chairman is appointed from amongst the Members of the Committee. The reports of the Committee are presented to the House from time to time by the Chairman of the Committee or, in his absence, by (11)CommitteeonProvisionofComputerstoMembersofRajyaSabha (12)Committee on Members of Parliament Local Area Development SchemeSince a large number of complaints were being received from Members about nonimplementation of various items of work under the Members of Parliament Local Area Development (MPLAD) Scheme, it was felt that there should be some effective monitoring mechanism so that proper and quick implementationofprojectsunderMPLADSchemecouldbeachieved.Withthisobjectiveinview, a tenmember Committee was constituted in Rajya Sabha on the 5th September, 1998. The Deputy DepartmentrelatedParliamentaryStandingCommittees: The need to constitute some kind of subject Committees or the Departmentrelated Parliamentary Standing Committees was being felt for the last several years. In 1989, in fact, three Standing Committees were constituted which dealt with Agriculture, Science and TechnologyandEnvironmentandForests. In 1993, it was finally decided to set up seventeen Departmentrelated Parliamentary Standing Committees each consisting of 15 members of Rajya Sabha and 30 from Lok Sabha to cover various Ministries/Departments of the Union Government in order to further strengthentheaccountabilityoftheGovernmenttoParliament. WiththeadditionofsevenmoreCommitteesinJuly2004albeitwithreducedmembershipof 10 from Rajya Sabha and 21 from Lok Sabha, the number of Departmentrelated Parliamentary Standing Committees was raised to 24 out of which 8 were placed within the jurisdiction of the Chairman, Rajya Sabha and 16 within the jurisdiction of the Speaker, Lok Sabha. Chairman of Rajya Sabha is the Chairman of this Committee. any other Member of the Committee authorized by the Committee.

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