VisionIAS - Video Classroom Lecture

Polity Class 02

Previous Class Topic

The office of the Speaker
Types of majorities and the fate of bills upon dissolution of the Lok Sabha

Key Terms Under Article 85

Summon
- The authority to call a session of Parliament.
- Exercised by the President on the advice of the Prime Minister.
Prorogue
- The formal termination of an ongoing session of Parliament.
- Ended by the President on the advice of the Prime Minister.
Dissolution
- Applicable only to the Lok Sabha.
- Can occur at the end of the Lok Sabha’s five-year term or earlier if the ruling party/coalition loses its majority support.

Minimum Days for Parliament to Meet

The Constitution does not fix a minimum number of annual sitting days for Parliament.
It stipulates only that the interval between two sessions must not exceed six months.

Parliamentary Sessions

Conventional Three Sessions
- Budget Session: Usually the longest and begins early in the year.
- Monsoon Session: Held roughly in mid-year.
- Winter Session: Occurs toward the end of the year.
Additional or special sessions may be called at any time.
The executive, through the President, controls session scheduling.

Adjournment and Adjournment Sine Die

Adjournment
- A temporary pause in a day’s sitting.
- Declared by the presiding officer (Speaker/Chairperson).
- House reconvenes at a specified time (e.g., after lunch, next day, or after a weekend).
Adjournment Sine Die
- An indefinite adjournment of a sitting within a session.
- Tends to signal that the session might soon be prorogued.
- If the House is only adjourned sine die and not prorogued, the Speaker can recall it before the formal presidential order of prorogation.

Recess

The interval between the prorogation of one session and the commencement (summoning) of the next session.
During recess, the House is not conducting business, and all notices from the previous session typically lapse (except specific bill introduction notices).

Basic Parliamentary Devices

Motions

Used to discuss and decide various issues in Parliament.
Can be classified into broad categories based on their purpose and level of importance.

Substantive Motion

A standalone proposal addressing significant matters (e.g., impeachment).
Once passed, it reflects the formal decision or opinion of the House.

Subsidiary Motion

Refers to or modifies an original substantive motion.
Makes a minor alteration while retaining the essence of the original motion.

Substitute Motion

Proposes a different approach to replace the original motion entirely.
If adopted, it supersedes the original motion in question.

Resolutions

A resolution is a type of substantive motion that expresses the collective opinion or decision of the House.
All resolutions require voting; not all motions do.
Private Member’s Resolution: Introduced by a member who is not a minister.
Government’s Resolution: Brought in by a minister representing the government.
Statutory Resolution: Tied to a legal provision (e.g., approving President’s Rule under a specific act).

Question Hour

Conducted at the start of Parliament’s day (most often 11:00 a.m. to 12:00 p.m.).
Ensures executive accountability by allowing members to question ministers.
Starred Questions: Require an oral reply; supplementary questions are permitted.
Unstarred Questions: Require a written reply; no supplementary questions allowed.
Short Notice Question: Asked with short notice (often 10 days); usually warrants an oral reply on matters of urgent importance.

Zero Hour

An Indian innovation, not formally in the Rules of Procedure.
Occurs immediately after the Question Hour and before the day’s formal business.
Allows members to raise urgent matters of public importance without prior notice.
Serves as an additional outlet for drawing government attention to pressing issues.

Confidence and No-Confidence Motions

No-Confidence Motion
- A tool to test whether the government still enjoys the majority of the Lok Sabha.
- Brought exclusively in the Lok Sabha and requires support from at least 50 members to be admitted.
- Passage leads to the fall of the government; failure means the government continues.
- No justification/reason is mandatory when moving it; the essence lies in proving majority support.
Confidence Motion
- Introduced by the governing party/coalition itself to affirm its majority in the House.
- Passage indicates the government’s survival; failure leads to its fall.
- Often required when the President (or Governor in a state) requests the government to prove its numerical strength.

Adjournment Motion

Focuses on an urgent issue that requires immediate discussion.
Implies a form of censure toward the government.
Moved only in the Lok Sabha.
Signifies a request to suspend regular business to debate a critical matter of current interest.
Requires the support of a specified number of members (commonly 50) to be admitted.

Calling Attention Motion

Another Indian innovation in parliamentary practice.
A procedure where a member draws a minister’s attention to an important matter, seeking a statement or clarification.
Can target individual ministerial accountability.
Mentioned in rules to ensure pressing topics receive parliamentary notice without necessarily forcing a vote.

Point of Order

Invoked when any member believes that parliamentary rules or constitutional provisions are not being followed in the proceedings.
Requires the presiding officer to bring the House back into proper procedure.
No debate or discussion is generally allowed on a Point of Order—only a ruling from the presiding officer.

Budget

Annual Financial Statement

Termed the Annual Financial Statement in the Constitution (Article 112).
Commonly referred to as the budget in practice (the word “budget” itself not mentioned in the Constitution, but in parliamentary rules).
Presented each financial year to outline the government’s estimates of receipts (income) and expenditure (outflow).

Revenue and Capital Expenditure

Revenue Expenditure
- Covers operational expenses such as salaries, pensions, and subsidies.
- Does not create permanent assets.
Capital Expenditure
- Spent on building assets (e.g., infrastructure like roads, hospitals).
- Aims at long-term investment and development.
Revenue Receipts
- Mostly composed of tax and non-tax income.
- Used for day-to-day running of the government.
Capital Receipts
- Loans raised by the government or recoveries of loans extended.
- Generally linked to expenditures that can create or improve assets.

Finance Bill and Appropriation Bill

Finance Bill
- Details the imposition or modification of taxes each year.
- Parliament can only adopt or reduce the proposed tax rates, not increase them beyond the executive’s proposal.
- Once enacted, it governs the revenue side of the budget.
Appropriation Bill
- Deals with authorization of expenditure from the Consolidated Fund of India.
- Follows the process of voting on demands for grants for each ministry in the Lok Sabha.
- Once enacted, enables the government to withdraw money from the Consolidated Fund for approved expenditures.

Preparation and Presentation Process

Preparation
- Primarily carried out by the Ministry of Finance’s Department of Economic Affairs in collaboration with other finance departments.
- Ensures all projected receipts and expenditures are accounted for.
- Involves consultations with ministries for allocation decisions and forecasting.
Presentation in Lok Sabha
- The Finance Minister gives a budget speech and places all documents before Parliament.
- No immediate discussion on the same day.
- Printed copies are also laid before the Rajya Sabha thereafter.
General Discussion
- Held over several days where members broadly debate the proposed budget’s policies and allocations.
- Provides an overview of parliamentary and political sentiment on the fiscal plan.
Department-Related Standing Committees (DRSCs)
- Initially introduced to improve scrutiny of each ministry’s demands.
- Now 24 committees, each overseeing specific ministries.
- Examine budgetary proposals, annual reports, and policy matters.
- Offer recommendations to support more informed parliamentary debate and accountability.
Voting on Demands for Grants
- Conducted in the Lok Sabha ministry-wise after committees’ study period.
- If approved, demands become grants.
- Forms the basis for drafting the Appropriation Bill.
Passing Finance Bill and Appropriation Bill
- Both Houses must pass them, but only the Lok Sabha holds decisive power on money matters.
- The Rajya Sabha may discuss but cannot indefinitely delay a Money Bill.
- Once the President assents, they become Acts, concluding the budget cycle.
Key Constitutional Provisions
- Article 265: No tax can be levied or collected without legislative authority.
- Article 266: No money can be withdrawn from the Consolidated Fund of India without authorization by law.
- Money Bills: Must originate in the Lok Sabha; the Rajya Sabha has restricted powers to amend or delay them.

Topic to be Discussed in the Next Class

State legislature and its structure
Multifunctional role of Parliament and further parliamentary committees