BharatNotes Why this chapter matters for UPSC: Parliament is central to India's democratic system. UPSC Prelims test article numbers, membership numbers, and procedural details (Money Bill vs Financial Bill, types of motions). Mains questions ask about the effectiveness of parliamentary oversight, declining legislative productivity, and the role of parliamentary committees.
PART 1 — Quick Reference Tables
Lok Sabha vs Rajya Sabha — Key Differences
| Feature | Lok Sabha | Rajya Sabha |
|---|---|---|
| Constitutional name | House of the People | Council of States |
| Composition | 543 elected (2 Anglo-Indian abolished by 104th Constitutional Amendment Act, 2019 (came into force 25 January 2020)) | 238 elected by State legislatures + 12 nominated by President = 250 (max); current 245 |
| Term | 5 years (can be dissolved earlier by President on PM's advice) | Permanent house; 1/3 retire every 2 years; 6-year terms |
| Presiding officer | Speaker (elected from members) | Chairman = Vice President (ex officio) |
| Money Bills | Originate only here; Rajya Sabha cannot amend | Can suggest amendments within 14 days; Lok Sabha need not accept |
| No-Confidence Motion | Only Lok Sabha can be subject to no-confidence | Cannot be subject to no-confidence |
| Joint sitting (Art 108) | Speaker of Lok Sabha presides | Participates but numerically disadvantaged |
| Special powers | Declares national emergency ratification | Can authorise Parliament to legislate on State List (Art 249); create All-India Services (Art 312) |
| Minimum age | 25 years | 30 years |
Functions of Parliament
| Function | Description | Key Provision |
|---|---|---|
| Representative | Elected by universal adult franchise; represents people | Article 326 |
| Legislative | Makes laws on Union List and Concurrent List | Article 107–111 |
| Executive oversight | Controls government via Question Hour, motions, debates | Convention + Rules of Procedure |
| Financial control | Approves Budget; money bills; grants | Article 112–117 |
| Constituent | Amends the Constitution | Article 368 |
| Electoral | Elects President (Art 54) and Vice President (Art 66) | Articles 54, 66 |
| Judicial | Impeaches President (Art 61); removes SC/HC judges (Art 124/218) | Articles 61, 124, 218 |
Parliamentary Devices — Quick Comparison
| Device | Purpose | Where? | Constitutional basis? |
|---|---|---|---|
| Question Hour | Oral (Starred) or Written (Unstarred) answers by Ministers | Both Houses | Rules of Procedure (not Constitution) |
| Zero Hour | Urgent public importance matters; no prior notice | Convention; immediately after Question Hour | Not in Constitution (convention) |
| Adjournment Motion | Raises urgent definite matter of public importance | Lok Sabha only | Rules of Procedure |
| No-Confidence Motion | Forces government to resign if passed | Lok Sabha only | Art 75(3) read with Rules |
| Censure Motion | Against a specific minister; need not cause resignation | Lok Sabha | Rules of Procedure |
| Calling Attention Motion | Calls minister's attention to urgent matter of public importance | Both Houses | Rules of Procedure |
| Private Member Bill | Bill introduced by non-minister member | Both Houses | Article 107 |
PART 2 — Detailed Notes
Why Parliament?
In a democracy, citizens cannot govern themselves directly (except in small city-states). They elect representatives who form a Parliament to:
- Make laws on their behalf
- Hold the executive government accountable
- Control public finances (no taxation without representation)
- Represent the diversity of the country — regional, social, linguistic, religious
India's Parliament (Article 79) consists of three parts: the President + Lok Sabha + Rajya Sabha.
Lok Sabha — House of the People
The Lok Sabha is the directly elected house. Key points for UPSC:
- Maximum strength: 552 (530 from states + 20 from UTs + 2 nominated Anglo-Indians — the 2 nominated seats were abolished by the 104th Constitutional Amendment Act, 2019 (came into force 25 January 2020))
- Current elected strength: 543 seats
- Elected by First-Past-the-Post (FPTP) system from single-member constituencies
- Quorum: 1/10th of total membership
- Speaker is elected from among members; Deputy Speaker also elected; Speaker cannot vote except in case of a tie (casting vote)
- The Speaker vacates office at the first sitting of a new Lok Sabha
Rajya Sabha — Council of States
The Rajya Sabha represents India's federal character. Members of State Legislative Assemblies (MLAs) elect Rajya Sabha members by the Single Transferable Vote (STV) system with proportional representation. The 12 nominated members are experts in art, literature, science, and social service.
UPSC GS2 — Special Powers of Rajya Sabha: Although Rajya Sabha is generally subordinate to Lok Sabha (especially on Money Bills), it has two exclusive powers:
- Article 249: Rajya Sabha can pass a resolution (by 2/3 majority) authorising Parliament to legislate on a subject in the State List, for national interest. Such a law remains valid for 1 year and can be extended.
- Article 312: Rajya Sabha can create new All-India Services (AIS) by a 2/3 majority resolution if it declares it is necessary in national interest. Existing AIS: IAS, IPS, IFoS (Indian Forest Service).
Legislative Process
Ordinary Bill: Any Bill (except Money Bills and Constitutional Amendment Bills) can be introduced in either house. It goes through: Introduction → Second Reading (Committee stage + Clause-by-clause consideration) → Third Reading (final vote) → sent to other house → same process → if disagreement → Joint Sitting (convened by President; presided over by Speaker of Lok Sabha; Lok Sabha's numerical strength dominates) → Presidential assent.
Money Bill (Article 110): A Bill is a Money Bill if it deals ONLY with: imposition/abolition of tax, regulation of borrowing by government, consolidated fund or contingency fund, appropriation from consolidated fund, declaring any expenditure charged to consolidated fund, receipt/custody/issue of consolidated fund money, matters incidental to any of the above.
Money Bill vs Financial Bill:
- A Money Bill (Art 110) can only be introduced in Lok Sabha; Rajya Sabha can suggest amendments within 14 days but Lok Sabha is not bound to accept; President must give assent (cannot withhold).
- A Financial Bill (Category I) — contains some but not only Art 110 matters + other provisions — must be introduced in Lok Sabha but requires approval of both houses.
- A Financial Bill (Category II) — contains expenditure from Consolidated Fund but not Art 110 matters — can be introduced in either house; requires approval of both houses. Rajya Sabha has full powers.
Constitutional Amendment (Article 368): Three types depending on provision being amended:
- Simple majority (as for ordinary legislation) — for matters like Art 2–4 (new states), abolition of state legislature's upper house
- Special majority (2/3 of members present and voting + majority of total membership) — for most constitutional provisions
- Special majority + ratification by at least half the state legislatures — for federal provisions: election of President, 7th Schedule (Legislative Lists), Art 368 itself, representation in Parliament
Parliamentary Committees
UPSC GS2 — Parliamentary Committees: Parliamentary committees are the "eyes and ears of Parliament." Key committees:
Financial Committees:
- Public Accounts Committee (PAC): Oldest committee (1921, pre-independence); examines CAG reports; chaired by a Leader of Opposition member (convention since 1967); scrutinises whether money was spent as Parliament authorised
- Estimates Committee: Examines estimates in the Budget; suggests economies; cannot examine past expenditure (unlike PAC)
- Committee on Public Undertakings: Examines working of PSUs
Departmentally Related Standing Committees (DRSCs): 24 committees covering all Central ministries; scrutinise ministry demands for grants and Bills referred to them; members drawn from both houses; reduce need for long floor debates
Joint Parliamentary Committees (JPCs): Ad hoc; formed for specific purposes (e.g., JPC on Bofors, JPC on 2G spectrum, JPC on the Data Protection Bill)
Decline of Parliamentary Functioning
Concerns about Parliament's effectiveness:
- Declining sittings: Lok Sabha used to meet for 100–120 days/year in the 1950s–60s; now averages 55–60 days
- Disruptions and washouts: Entire sessions lost to disruptions; Question Hour and Zero Hour lost
- Ordinance overuse: Bypasses Parliament; DC Wadhwa case (1987) — SC held re-promulgation without legislative approval is fraud
- Rubber-stamp concern: Bills passed without adequate debate; some Bills passed in minutes
- Anti-defection law (10th Schedule, 52nd Amendment 1985): Prevents floor-crossing but also suppresses intra-party democracy; members cannot vote against party whip even on conscience issues
[Additional] 3a. Anti-Defection Law — Kihoto Hollohan 1992, 91st Amendment 2003, and the Split vs Merger Distinction
The chapter mentions the anti-defection law but misses the crucial Kihoto Hollohan judgment (1992) on judicial review of the Speaker's decision, the 91st Amendment (2003) that deleted the one-third split provision, and the current implications.
Key Terms — Anti-Defection Law:
| Term | Meaning |
|---|---|
| 10th Schedule | Constitutional schedule that operationalises the anti-defection law; added by the 52nd Constitutional Amendment Act, 1985 |
| Grounds for disqualification | (1) Voluntarily giving up party membership; (2) voting/abstaining contrary to party whip without prior permission (if not condoned within 15 days) |
| One-third split (deleted) | The original 10th Schedule allowed a split if 1/3rd of the legislature party split — deleted by the 91st Amendment 2003 |
| Merger (current exception) | Currently the only exception: if 2/3rd of the original legislature party merge with another party, they are not disqualified |
| Kihoto Hollohan v. Zachilhu (1992) | SC upheld the 10th Schedule's validity; struck down Para 7 (which had excluded judicial review); ruled the Speaker's decision IS subject to judicial review |
| 91st Constitutional Amendment Act, 2003 | Deleted the one-third split provision; also capped the Council of Ministers at 15% of the strength of the house |
[Additional] Anti-Defection Law — 91st Amendment and Kihoto Hollohan (GS2 — Polity):
Evolution of the anti-defection provisions:
| Stage | Amendment | Change |
|---|---|---|
| Original | 52nd Amendment 1985 | 10th Schedule added; two exceptions: (1) merger by 1/3rd split; (2) merger by 2/3rds |
| Kihoto Hollohan v. Zachilhu | 1992 | SC upheld 10th Schedule validity; struck down Para 7 (exclusion of judicial review) |
| 91st Amendment 2003 | Deleted the one-third split provision — only the 2/3rd merger exception remains |
91st Amendment 2003 — two key changes:
- Deleted one-third split exception: Only a merger (where 2/3rd join another party) avoids disqualification — a split by 1/3rd NO LONGER escapes disqualification
- Capped Council of Ministers: Total ministers (including PM/CM) cannot exceed 15% of the strength of the House; minimum 12 in smaller states (Article 75(1A) and Article 164(1A))
Kihoto Hollohan v. Zachilhu (1992) — key holdings:
| Holding | Detail |
|---|---|
| 10th Schedule validity | Upheld — does not violate the Basic Structure |
| Para 7 (exclusion of judicial review) | Struck down — Para 7 had stated no court shall have jurisdiction to make any order on the validity of disqualification proceedings |
| Speaker acts as a tribunal | Speaker deciding disqualification is a quasi-judicial function; decisions are subject to judicial review |
| Scope of judicial review | Courts can intervene on grounds of mala fide, perversity, or jurisdictional error — but typically only AFTER the Speaker's decision, not during |
Nominated members and anti-defection: Nominated members (12 in Rajya Sabha, 2 in Lok Sabha) who join a political party within 6 months of taking the oath are NOT disqualified. After 6 months, joining a party attracts disqualification.
UPSC synthesis: Key exam facts: 10th Schedule added by 52nd Amendment 1985; grounds = voluntary giving up membership + voting against whip; 91st Amendment 2003 = deleted one-third split provision + capped ministers at 15% of house strength; current only exception = merger (2/3rd); Kihoto Hollohan (1992) = upheld 10th Schedule = struck down Para 7 = Speaker's decision IS subject to judicial review (for mala fide/perversity/jurisdictional error); nominated members can join a party within 6 months without disqualification. Prelims trap: One-third split exception was deleted by 91st Amendment 2003 (many candidates still cite it as valid — it is NOT); Speaker's decision IS subject to judicial review (Kihoto Hollohan 1992 struck down Para 7 which had excluded review); Council of Ministers capped at 15% (from 91st Amendment 2003, not from original Constitution text); disqualification petition goes to Speaker (Lok Sabha) or Chairman (Rajya Sabha) — NOT to any court directly.
[Additional] 3b. Rajya Sabha's Exclusive Powers — Articles 249 and 312 in Depth
The chapter mentions Articles 249 and 312 but does not explain the constitutional rationale (federal dimension), the exact duration mechanics of the Art. 249 resolution, or the All-India Services created under Art. 312.
Key Terms — Rajya Sabha Exclusive Powers:
| Term | Meaning |
|---|---|
| Article 249 | Rajya Sabha can authorise Parliament to legislate on a State List subject in national interest — by resolution supported by 2/3 of members present and voting |
| Article 312 | Rajya Sabha can create new All-India Services by a resolution (2/3 majority) declaring it necessary in national interest |
| All-India Services (AIS) | Services common to both Centre and states — currently IAS, IPS, IFoS; IFoS (Indian Forest Service) created 1966 under Article 312 |
| IFoS vs IFS | IFoS = Indian Forest Service (an All-India Service, Group A, under Article 312); IFS = Indian Foreign Service (a Central Service — NOT an All-India Service; no state cadre) |
[Additional] Articles 249 and 312 — Federal Logic and Mechanics (GS2 — Polity):
Article 249 — Centre legislating on State List with Rajya Sabha approval:
| Parameter | Detail |
|---|---|
| Majority required | Not less than 2/3 of members present and voting in Rajya Sabha |
| Duration of law | Valid for 1 year at a time (can be renewed indefinitely) |
| Expiry | Law lapses 6 months after the resolution ceases to have effect |
| During this period | Parliament can legislate on that State List subject; state cannot legislate inconsistently |
| Federal rationale | Rajya Sabha represents states; if even the states' house agrees (2/3 majority) that Centre should legislate on a state subject, it carries federal legitimacy |
Article 312 — Creating new All-India Services:
| All-India Service | Year created | Route |
|---|---|---|
| IAS (Indian Administrative Service) | 1947 (replaced ICS) | Took over from ICS at independence |
| IPS (Indian Police Service) | 1948 | Created directly |
| IFoS (Indian Forest Service) | 1966 | Created under Article 312 by Parliament on Rajya Sabha resolution |
Why Rajya Sabha has these exclusive powers:
- These powers are designed to protect states' interests — only the body representing states (Rajya Sabha) can authorise Centre to intrude into state domains or create services that will be imposed on states
- Lok Sabha has no role in these resolutions — they are exclusively Rajya Sabha's power (cannot be passed by joint sitting)
Common confusion — IFoS vs IFS:
| Feature | IFoS (Indian Forest Service) | IFS (Indian Foreign Service) |
|---|---|---|
| Full name | Indian Forest Service | Indian Foreign Service |
| Category | All-India Service (Article 312) | Central Group A Service |
| State cadre | Yes — officers posted to states | No — only Centre |
| Recruiting body | UPSC (Civil Services Exam) | UPSC (Civil Services Exam) |
| Purpose | Forest management | Diplomacy/foreign affairs |
UPSC synthesis: Key exam facts: Article 249 = Rajya Sabha passes resolution (2/3 present and voting) = Centre can legislate on State List = law valid 1 year (renewable) = lapses 6 months after resolution lapses; Article 312 = Rajya Sabha can create new All-India Services = IFoS created 1966 under Article 312; three current AIS = IAS + IPS + IFoS. Prelims trap: IFoS (Indian Forest Service) is an All-India Service under Article 312; IFS (Indian Foreign Service) is a Central Service (NOT an AIS — has no state cadre); these two are extremely frequently confused; Art 249 resolution = 2/3 of members present and voting (NOT 2/3 of total membership — if only 150 of 245 RS members are present, then 2/3 of 150 is needed, not 2/3 of 245); Art 249 law remains valid for 1 year (not indefinitely on one resolution) and lapses 6 months after resolution lapses (not immediately).
Exam Strategy
Prelims traps:
- The 104th Constitutional Amendment Act, 2019 (came into force 25 January 2020) abolished the 2 nominated Anglo-Indian seats in Lok Sabha and State assemblies
- Zero Hour is NOT mentioned in the Constitution — it is a parliamentary convention
- Rajya Sabha can suggest (not amend) Money Bills; the distinction is important
- Speaker of Lok Sabha presides over joint sittings — NOT the Vice President/Rajya Sabha Chairman
- Joint sittings have been convened only 3 times: Dowry Prohibition Bill (1961), Banking Service Commission (Repeal) Bill (1978), Prevention of Terrorism Bill (POTA) (2002)
- No-Confidence Motion requires a minimum notice of 14 days; applies only to Lok Sabha
Mains angles:
- "Parliamentary oversight of the executive has weakened over the decades." Examine with examples
- Role of Rajya Sabha in Indian federalism — does it truly represent states?
- Discuss the significance and limitations of parliamentary committees in improving legislative quality
Practice Questions
Prelims:
Which of the following statements about the Rajya Sabha is correct?
(a) It can be dissolved by the President
(b) It is a permanent house and cannot be dissolved
(c) One-half of its members retire every two years
(d) It has the power to vote on Money BillsA joint sitting of both Houses of Parliament is presided over by the:
(a) President of India
(b) Vice President of India
(c) Speaker of the Lok Sabha
(d) Senior-most member of Parliament
Mains:
"The Anti-Defection Law has curtailed legislative independence without fully eliminating political defections." Critically examine the 10th Schedule of the Indian Constitution in this light. (CSE Mains 2023, GS Paper 2, 15 marks)
Examine the role of Parliamentary Standing Committees in enhancing the quality of legislation and oversight of the executive in India. (CSE Mains 2019, GS Paper 2, 15 marks)
