Legislature — Practice

Question 1

Compare Lok Sabha and Rajya Sabha across FOUR parameters: method of election/nomination, maximum strength, tenure, and powers regarding Money Bills.

Accepted Answer

| Parameter | Lok Sabha | Rajya Sabha |
|---|---|---|
| **Method of election** | Direct election by voters through FPTP system in single-member constituencies | Indirect election by elected members of STATE LEGISLATIVE ASSEMBLIES through STV (Proportional Representation) + 12 members nominated by President |
| **Maximum strength** | 543 elected (+ 2 Presidential nominees if community not represented) | 250 (238 elected + 12 nominated by President for expertise in arts/science/social service) |
| **Tenure** | 5 years from first sitting (can be dissolved earlier by President on PM's advice). NOT a permanent house. | Permanent — NEVER dissolved. Members serve 6-year terms; 1/3 retire every 2 years |
| **Money Bills** | Money Bills can be introduced ONLY in Lok Sabha. Rajya Sabha has NO power to reject or amend. Can only suggest changes; if not returned in 14 days, deemed passed. | Rajya Sabha's role is ADVISORY only on Money Bills — can suggest changes but cannot reject. Its suggestions can be accepted or rejected by Lok Sabha. NO real power on financial legislation. |

Question 2

Explain the process by which an Ordinary Bill becomes law in India. At which stages can the Rajya Sabha delay or block a bill? What happens if both Houses cannot agree?

Accepted Answer

**Ordinary Bill: Process**

*Stage 1 — Introduction*: Bill may be introduced in EITHER house by a minister (government bill) or private member. Three readings in the house of introduction: First Reading (formal introduction, title read), Second Reading (general discussion + committee stage + clause-by-clause consideration), Third Reading (final vote on bill as a whole).

*Stage 2 — Second House*: If passed by the first house, the bill goes to the OTHER house. Same three-reading process. The second house may: (a) Pass the bill as is → bill proceeds to President; (b) Pass with amendments → returned to first house; (c) Reject the bill; (d) Take no action for 6+ months.

*Rajya Sabha's power to delay/block*:
- In situations (c) or (d) above, there is a DEADLOCK between the houses.
- In situation (b) — the first house can accept amendments or reject them — potentially creating a deadlock.
- Rajya Sabha can delay a bill by up to 6 months (treating it as 'no action') before a joint session can be called.
- Rajya Sabha CANNOT permanently block — it can only delay.

*Stage 3 — Joint Session (Art 108)*:
If both houses cannot agree, the President may (not 'shall') call a joint session of BOTH houses. In the joint session: Lok Sabha's 543 members + Rajya Sabha's 245 = 788 members vote together. Lok Sabha's larger membership means its position almost always prevails. Three joint sessions have been held in India's history: Dowry Prohibition Bill (1961), Banking Service Commission Act (1978), Prevention of Terrorism Bill (2002).

*Stage 4 — Presidential Assent*: After both houses pass the bill, it goes to the President, who can: (a) Give assent → becomes law; (b) Return for reconsideration ONCE (not for Money Bills); (c) 'Pocket veto' — sit on it (no time limit for ordinary bills). If Parliament re-passes after return, President MUST sign.

Question 3

Parliament is constitutionally supreme, yet India's Parliament is often criticised for poor functioning — short sessions, disruptions, low-quality debates. Explain the instruments of parliamentary accountability (Question Hour, Committees, No-Confidence) and critically evaluate whether Parliament is effectively holding the government accountable.

Accepted Answer

**Instruments of Parliamentary Accountability**:

*1. Question Hour (11 AM–12 PM every sitting day)*:
- MPs submit questions in advance; ministers must answer. Three types: Starred (oral answer + supplementaries), Unstarred (written answer), Short Notice (urgent).
- Effectiveness: Forces ministers to prepare; creates a public record of government position; supplementary questions probe beyond prepared answers.
- Limitation: Only ~20 starred questions can be answered orally per day out of hundreds submitted. Government ministers sometimes give evasive answers. During COVID (virtual sessions), Question Hour was initially suspended.

*2. Zero Hour (12 PM onwards)*:
- Unscheduled: MPs raise urgent matters. No notice required, ministers not obligated to respond.
- Effectiveness: Raises urgent issues immediately. But no formal accountability mechanism.

*3. Parliamentary Committees (Standing + Select)*:
- 24 Departmentally Related Standing Committees scrutinise ministries' budgets, bills, and policy.
- PAC (Public Accounts Committee): examines CAG reports; identifies wasteful/fraudulent government expenditure. Traditionally chaired by OPPOSITION leader — symbolically important.
- Effectiveness: Most detailed scrutiny happens in committees, away from floor disruptions. Key bills (FRBM, IT Act, Aadhaar) were examined by committees.
- Limitation: Government often bypasses committee scrutiny by using 'urgent' route for major bills (CAA passed in 3 days, 2019).

*4. No-Confidence Motion (Art 75)*:
- If majority of Lok Sabha members vote against the government, the entire Cabinet must resign.
- Most powerful accountability instrument. Used 27 times in India's history; succeeded 3 times (Morarji Desai 1979, V.P. Singh 1990, Vajpayee 1999).
- Limitation: Coalition governments survive by securing enough coalition partners; loyalty is maintained through ministerial posts, not policy performance.

*5. Budget and Financial Accountability*:
- Union Budget requires Parliament's approval. Demands for Grants allow MPs to 'cut' specific expenditure items — though cut motions rarely pass, the debate is informative.
- CAG report after expenditure → PAC scrutiny → action taken reports.

**Critical Evaluation**:

*Weaknesses*:
(i) **Declining session days**: India's Parliament met for ~66 days in 2022 vs ~120 days in 1950s. UK Parliament meets 150+ days. Less time = less scrutiny.
(ii) **Disruptions**: Proceedings washed out by opposition protests. 2021 Monsoon Session: 20% productivity in Lok Sabha. Lost Question Hour = lost accountability.
(iii) **Anti-defection**: MPs who must vote with party cannot use Parliamentary debates to genuinely represent constituents — they will vote as the party directs regardless.
(iv) **Money Bills bypass**: Certifying controversial bills as Money Bills (Aadhaar 2016, Finance Act 2017 inserting 40+ amendments) bypasses Rajya Sabha — reduces legislative scrutiny.
(v) **Executive dominance**: Whip system + coalition management means MPs rarely vote against party line. Parliament debates more than it decides.

*Strengths that remain*:
- Opposition parties can use Question Hour, Zero Hour, and media coverage of Parliament to communicate government failures to the public.
- CAG + PAC combination still creates financial accountability.
- Parliamentary debates (even when disrupted) create a legal record used by courts.
- Select Committees do genuine scrutiny when allowed to function.

**Conclusion**: India's Parliament is constitutionally sovereign but practically weakened by short sessions, party discipline undermining MP independence, and executive dominance. Reform priorities: mandatory 120+ sitting days, committee scrutiny for all major bills, and Speaker appointment by consensus (not ruling party alone) to restore Parliament's role as a genuine accountability forum.

Practice — Legislature

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