THE PARLIAMENT OF INDIA-2

FUNCTIONS OF PARLIAMENT

The Parliament legislates on subjects in the Union and Concurrent Lists. It can also legislate on subjects in the State List if

The Rajya Sabha passes a resolution saying it is in the national interest to do so and/or

The legislatures of two or more states recommend to Parliament to so legislate

The power to legislate on residuary subjects also vests with the Parliament

The Parliament (via the Lok Sabha) exercises control over Union finances

The Parliament (via the Lok Sabha) exercises control over the functioning of the Executive

The Parliament is responsible for legislating on amendments to the Constitution

The Parliament elects the Vice-President and can initiate impeachment proceedings against the President

It recommends the creation of All India Services, the removal of judges of the Supreme Court and High Courts

Parliamentary approval is essential for the continuance of a proclamation of Emergency made by the President.

LEGISLATIVE PROCEDURES IN PARLIAMENT

Ordinary Bills: Ordinary Bills can originate in either House of Parliament and have to pass through the following stages before being sent for assent by the President

First Reading: a brief description of the Bill is read, and its aims and objectives announced. Opponents can also make a brief speech. After a vote, the Bill is published in the Gazette

Second Reading: the general principles of the Bill are discussed, and the Bill is sent to the appropriate committee for its reference. No amendments are possible at this stage

Committee Stage: the appropriate committee reviews the Bill and suggests amendments

Report Stage: the committee submits its report to the House, where it is thoroughly discussed. Amendments may be proposed. Voting is held on a clause-by-clause basis

Third Reading: general discussion of the Bill followed by formal voting for its acceptance or rejection. No amendments possible at this stage. After the Bill has been accepted, it is sent to the other House for a repeat procedure, and thereupon to the President for assent.

Money Bills: Money Bills can originate only in the Lok Sabha on the recommendation of the President.Since they deal with public finances, their passage is crucial to the functioning of government. After a Money Bill has been passed by the Lok Sabha, it is sent to the Rajya Sabha for deliberations.The Rajya Sabha is given 14 days to make recommendations.If the Rajya Sabha fails to make recommendations within this period, the Bill is considered to have passed both Houses and is sent to the President for assent.If the Rajya Sabha does make its recommendations, the Lok Sabha may or may not decide to accept those recommendations.Regardless, the Bill is considered to have passed both Houses and is sent to the President

TYPES OF MONEY BILLS

Annual Financial Statement:

At the beginning of every financial year, the President causes to be laid before both Houses, a statement of estimated receipt and expenditure for the ensuing year. Expenditure is of two types:

Expenditure charged on the Consolidated Fund of India, which is not subject to vote of Parliament, although it can be discussed by both Houses

Expenditure charged outside the Consolidated Fund, which are submitted to the Lok Sabha in the form of grants, which may or may not approve them

Appropriation Bill:

after the grants are approved by the Lok Sabha, an Appropriation Bill is introduced. 

Appropriations out of the Consolidated Fund of India can be made only after passage of the Appropriation Bill.This Bill is never opposed in the Lok Sabha.Since the grants have already been approved, the discussion is limited to administrative policy etc

No amendments are possible at this stage

IMPORTANT PARLIAMENTARY PROCEEDINGS

Point of Order

A member may raise a Point of Order if proceedings do not follow normal rules

The Presiding Officer decides whether the Order may be allowed or not

Vote on Account

This procedure covers government expenditure between the presentation and the passage of the BudgetThe Vote on Account allows the Lok Sabha to make a grant in advance for a part of the financial year. It is usually passed by the Lok Sabha without discussion

It is passed after the general discussion on the Budget is over and before the demand for grants in taken up

Guillotine

Certain demands for grants of various Ministries are taken up by the Lok Sabha without discussion. This is called guillotine.Usually done due to lack of timeTo avoid this, Parliament in 1993 established 17 Parliamentary Committees to study these demand for grants.The Committees scrutinize the demand for grants and report to the House

The reports are not binding on the House.

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