Indian Parliamentary Procedures (Articles 100-109)
Indian Parliamentary Procedures, as outlined in Articles 100-109 of the Constitution, govern the conduct of business in both Houses. These articles define rules for voting, quorum, member disqualifications, privileges, and the legislative process, including bill introduction, joint sittings, and special procedures for money bills, ensuring orderly and effective parliamentary operations.
Key Takeaways
Voting rules ensure fair decisions and prevent ties.
Members face disqualification for various constitutional reasons.
Parliamentary privileges protect members' speech and actions.
Bills follow specific legislative procedures to become law.
Money Bills have unique, Lok Sabha-centric processes.
What are the rules for voting and quorum in Indian Parliament?
Article 100 of the Indian Constitution outlines fundamental rules for voting and quorum within both Houses of Parliament, ensuring proper functioning even with vacancies. The presiding officer, such as the Speaker or Chairman, does not initially vote but exercises a casting vote only in case of a tie. This breaks deadlocks and ensures decisions. Furthermore, the article mandates a minimum attendance, known as quorum, for parliamentary proceedings to be valid. If this quorum is not met, the meeting must be adjourned, preventing business without sufficient representation. These provisions maintain the integrity and legitimacy of parliamentary decisions.
- Speaker/Chairman does not vote initially.
- Casting vote used only in case of a tie.
- Quorum requires minimum 1/10th of total members.
- Meetings adjourn if quorum is not met.
Under what circumstances do parliamentary seats become vacant?
Article 101 details conditions under which a member's seat in Parliament may become vacant, ensuring only eligible individuals hold office. A seat can be vacated if a member holds simultaneous membership in both Houses of Parliament or in a State Legislature and Parliament concurrently, as this is prohibited. Disqualification under Article 102, resignation submitted to the Speaker or Chairman, or prolonged unauthorized absence also lead to seat vacation. Specifically, if a member is absent for 60 days without permission, their seat may be declared vacant, upholding accountability and active participation.
- Simultaneous membership in both Houses not allowed.
- Simultaneous membership in State Legislature and Parliament not allowed.
- Disqualification as per Article 102.
- Resignation to Speaker or Chairman.
- Absence for 60 days without permission.
What are the grounds for disqualification of a Member of Parliament?
Article 102 specifies various grounds leading to a Member of Parliament's disqualification, ensuring individuals holding public office meet eligibility criteria and maintain integrity. These include holding an office of profit under the Government, being declared of unsound mind by a court, or being an undischarged insolvent. A member also loses their seat if not a citizen of India, having acquired foreign citizenship, or disqualified by any law made by Parliament. This includes the People's Representation Act, 1951, for imprisonment over two years, and disqualification under the 10th Schedule for defection.
- Holding Office of Profit.
- Unsound Mind (declared by court).
- Undischarged Insolvent.
- Not a Citizen of India or acquired foreign citizenship.
- Disqualification by law made by Parliament.
- Disqualification under 10th Schedule (Defection).
- Imprisonment > 2 years (People's Representation Act).
How does the Anti-Defection Law (10th Schedule) disqualify members?
The Anti-Defection Law, in the 10th Schedule (52nd Constitutional Amendment 1985), prevents political defections by members of Parliament. It outlines specific grounds for disqualification: an independent member joining a political party, a nominated member joining a party after six months, or a member voting against their party's whip. Voluntarily giving up party membership also constitutes defection. While the Presiding Officer makes the initial decision, judicial review is possible, as established in the Kihoto Hollohan vs Zachilhu case, ensuring a check on the decision-making process.
- Independent members joining a political party.
- Nominated members joining a party after 6 months.
- Voting against party whip.
- Voluntarily giving up party membership.
- Exception: Merger if 2/3rd members leave.
- Decision by Presiding Officer.
- Judicial review possible.
Who decides on the disqualification of a Member of Parliament?
Article 103 of the Indian Constitution vests the authority to decide on questions of disqualification of Members of Parliament primarily with the President. The President's decision on such matters is considered final and binding. However, before making any determination, the President is constitutionally mandated to obtain the opinion of the Election Commission of India. This consultation ensures the decision is based on expert advice and legal interpretation, maintaining impartiality and upholding the democratic process. The Election Commission's role is advisory, but its opinion carries significant weight.
- President's decision is final.
- President obtains Election Commission's opinion.
What is the penalty for members sitting or voting without taking an oath?
Article 104 imposes a penalty on individuals who sit or vote in either House of Parliament before making the required oath or affirmation, or when they know they are not qualified or are disqualified from membership. The prescribed penalty is a fine of five hundred rupees for each day they so sit or vote. This provision ensures adherence to constitutional formalities and prevents unauthorized participation in parliamentary proceedings. It underscores the importance of fulfilling all prerequisites for membership before exercising parliamentary duties, though it does not apply to criminal proceedings against the President.
- 500 Rs per day penalty.
- Applies if sitting/voting without oath or disqualified.
- Exception: No criminal proceedings against President.
What are the key powers and privileges of Members of Parliament?
Article 105 grants specific powers, immunities, and privileges to Members of Parliament, essential for their effective functioning and the independence of the legislative body. These include freedom of speech within Parliament, allowing members to express views without fear of external legal action. Members also enjoy immunity from court proceedings for anything said or any vote given in Parliament. Furthermore, they have arrest immunity during parliamentary sessions, extending 40 days before and after, though this does not apply to criminal or preventive detention cases. These privileges also extend to those entitled to speak in Parliament, such as the Attorney General.
- Freedom of speech in Parliament.
- Immunity from court proceedings for speech/vote.
- Arrest immunity during session (40 days before/after).
- Not applicable in criminal/preventive detention cases.
- Privileges extend to those entitled to speak.
Who determines the salaries and allowances of Members of Parliament?
Article 106 of the Indian Constitution addresses the remuneration of Members of Parliament, specifying that their salaries and allowances are determined by Parliament itself. This provision empowers the legislative body to establish the financial compensation for its members through law. By allowing Parliament to set these terms, it ensures that the emoluments reflect the responsibilities and duties of the elected representatives, while also maintaining legislative autonomy in financial matters related to its own functioning. This mechanism provides a clear framework for the regular review and adjustment of parliamentary salaries and allowances.
- Salaries and allowances are determined by Parliament.
How are bills introduced and passed in the Indian Parliament?
Legislative procedures in the Indian Parliament, governed by Articles 107, 108, and 109, outline the process for introducing and passing bills. Ordinary bills can originate in either House and do not lapse due to prorogation or adjournment, only upon the dissolution of the Lok Sabha. Money Bills, however, have a special procedure, originating exclusively in the Lok Sabha with limited powers for the Rajya Sabha, and no provision for a joint sitting. A joint sitting, summoned by the President, resolves deadlocks on ordinary bills when one House rejects a bill passed by the other after six months, ensuring legislative progress.
- Article 107: Provisions for Introduction and Passing of Bills
- Bill can originate in either House.
- Bill does not lapse due to prorogation or adjournment.
- Bill lapses only on dissolution of Lok Sabha.
- Types of Bills: Ordinary, Constitutional Amendment, Financial, Money Bills.
- Article 108: Joint Sitting of Both Houses
- Conditions for Joint Sitting: Bill rejected by one House after 6 months.
- President summons Joint Sitting.
- Procedures regulated by Lok Sabha Speaker.
- Presiding Officer: Lok Sabha Speaker/Deputy Speaker/Rajya Sabha Deputy Chairman.
- Rajya Sabha Chairman cannot preside.
- Resolves deadlock in Ordinary Bill passage by simple majority.
- Article 109: Special Procedure for Money Bills
- No deadlock possible for Money Bills.
- Originates only in Lok Sabha.
- Rajya Sabha can recommend amendments, but not amend.
- No provision for joint sitting for Money Bills.
- Rajya Sabha has limited powers regarding Money Bills.
Frequently Asked Questions
What is the quorum requirement for parliamentary meetings?
A quorum requires a minimum of 1/10th of the total members of the House to be present. If this threshold is not met, the meeting must be adjourned, ensuring sufficient representation for valid proceedings.
Can a Member of Parliament hold seats in both Houses simultaneously?
No, a Member of Parliament cannot hold simultaneous membership in both the Lok Sabha and Rajya Sabha, nor can they be a member of a State Legislature and Parliament concurrently. This ensures singular focus.
What is the primary purpose of the Anti-Defection Law?
The Anti-Defection Law aims to prevent political defections by members, ensuring party loyalty and stability. It disqualifies members who vote against their party's whip or voluntarily give up membership, promoting legislative discipline.
Who has the final say on a Member of Parliament's disqualification?
The President of India makes the final decision on a Member of Parliament's disqualification. However, the President must first obtain and consider the opinion of the Election Commission of India before making a determination.
What is the key difference between Ordinary Bills and Money Bills regarding their passage?
Ordinary Bills can originate in either House and may require a joint sitting to resolve deadlocks. Money Bills, however, originate only in the Lok Sabha, and the Rajya Sabha has limited powers, with no provision for a joint sitting.
