SUPREME COURT OF INDIA

SUPREME COURT OF INDIA

The Supreme Court is the highest court of India. It is at the apex of the Indian judicial system. In the previous two lessons, you have learnt that the Union legislature, which is known as Parliament, makes laws for the whole country in respect of the Union and the

Concurrent Lists and the executive comprising the President, Council of Ministers and bureaucracy enforces them. Judiciary, the third organ of the government, has an equally important role to play. It settles the disputes, interprets laws, protects fundamental rights and acts as guardian of the Constitution. In this lesson, you will learn that India has a single unified and integrated judicial system and that the Supreme Court is the highest court in India.

Objectives After studying this lesson, you will be able to l recognise that India has a single integrated and unified judicial system; l describe the composition and organization of the Supreme Court of India; l explain the powers and jurisdiction of the Supreme Court of India; Structure of Government l appreciate the role of the Supreme Court of India as guardian of the Constitution and protector of Fundamental Rights; l recall that public interest litigation plays an important role in the protection of our rights.

Single Unified and Integrated Judicial System You have already read in the lesson on the Salient Features of the Indian Constitution that the distinct feature of our judiciary is that it is a single unified integrated judicial system for the whole country. A single judiciary represents a hierarchy of courts. The Supreme Court stands at the top of this single integrated judicial system with High Courts at the State level. Below the High Courts, there are several subordinate courts such as the District Courts which deal with civil cases and the Session Courts which decide criminal cases.

INDIAN JUDICIAL SYSTEM

SUPREME COURT OF INDIA

STATE HIGH COURTS

SUBORDINATE COURTS OR LOWER COURTS

The Supreme Court is the highest judicial authority of India. It consists of the Chief Justice and 25 other judges. The Parliament may increase the number of judges if it deems necessary. To begin with, besides the Chief Justice, there were only 7 other judges. The

Parliament has increased the number of judges from time to time. As in 2005, there are 25 judges besides the Chief Justice who is also called the Chief Justice of India.

The Chief Justice and other judges of the Supreme Court are appointed by the President of India. While appointing the Chief Justice, the President is constitutionally required to consult such other judges of the Supreme Court as he deems proper, but outgoing Chief Justice is always consulted. Normally, the senior most judge of the Supreme Court is appointed as the Chief Justice of India, although there is no constitutional requirement to do so. While appointing other judges, the President is bound to consult the Chief Justice and other senior judges, if he deems proper.

Whenever there is vacancy or a likely vacancy in the Supreme Court, the Chief Justice and four other senior most judges consider various names and recommend the names of the persons to be appointed as judges of the Supreme Court. This system is based on a ruling of the Constitutional Bench of a Supreme Court (handed down in 1993 and reinforced in 1999). Thus, while the Constitution still provides that the President is the appointing authority of the Supreme Court judges, the ruling of the Supreme Court, has since 1999, become virtually binding on the President. The power of selection of judges has passed on to a group of Supreme Court judges, called the Collegium of the Court. The President now Structure of Government performs the formality of appointing the nominee of the Supreme Court, after the Law Ministry formally recommends these names to him.

 Qualifications, Tenure and Removal of Judges A person is qualified for appointment as a judge only he/she is a citizen of India and if he/ she fulfils one of the following conditions:

a) he/she has been for at least five years a Judge of as High Court or two or more than two such courts; or b) he/she has been for at least ten years an advocate of a High Court or of two or more

than two such courts; or c) he/she is, in the opinion of the President, a distinguished jurist.

The Chief Justice of India and other judges of the Supreme Court hold office till they attain the age of 65 years. A judge may voluntarily resign before expiry of his term. In exeptional cases a Supreme Court judge may be removed before the age of retirement, according to the procedure laid down in the Constitution. Thus a judge of the Supreme Court can be removed from office by an order of the President passed after an address by each House of the Parliament supported by a majority of total membership of the House and not less than two-third majority of the members of the House present and voting, passed in the same session, has been presented to the President for such removal on the ground of proved misbehavior or capacity. So far, proceedings for removal were initiated only in one case against a judge of the Supreme Court. But he/she could not be removed because the resolution could not be passed by the Parliament. It is clear that Supreme Court judges enjoy security of tenure, and the executive cannot arbitrarily remove them.

No person who has held office of a judge of the Supreme Court is allowed to plead as an advocate in any court or before any authority within the territory of India.

The judges of the Supreme Court are paid such salaries as are determined by the Parliament from time to time.

 A Court of Record

The Supreme Court is a Court of Record. It has two implications. All its decisions and judgments are cited as precedents in all courts of the country. They have the force of law and are binding on all lower Courts, and indeed the High Courts. As a Court of Record, the Supreme Court can even send a person to jail who may have committed contempt of the court.

Jurisdiction of The Supreme Court

The scope of powers of Supreme Court to hear and decide cases is called its jurisdiction. The Supreme Court has three types of jurisdictions namely original, appellate and advisory.

Let us now examine the three jurisdictions.

Original Jurisdiction

There are certain cases which fall within the exclusive jurisdiction of the Supreme Court. It means that all such cases begin or originate in the Supreme Court, only. It also means that such cases cannot be initiated in any other court. The cases or disputes that come under the original jurisdiction are given below:

(i) (a) Disputes between the Government of India on the one side and one or more

States on the other side.

(b) Disputes between the Government of India and one or more States on one side

and one or more States on the other side.

(c) Disputes between two or more States.

(ii) The Supreme Court has been invested with special powers in the enforcement of

Fundamental Rights. In this connection, it has the power to issue directions or writs.

(iii) Cases under Public Interests Litigation (PIL) can also be heard directly. (This is an

extra Constituional practice; there is no mention of PIL in the Constitution).

 Appellate Jurisdiction

The power of a superior/higher court to hear and decide appeals against the judgment of a lower court is called appellate jurisdiction. The Supreme Court has vast appellate jurisdiction. It hears appeals against the judgment of the High Courts. Thus, it is the highest

and the final Court of Appeal. If one of the parties to a dispute is not satisfied with the decision of the High Court, one can go to the Supreme Court and file an appeal. The appeals can be filled in Civil, Criminal and Constitutional cases.

(i) Appeals in Civil Cases Disputes relating to property, marriage, money, contract and service etc are called civil cases. If a civil case involves a substantial point of law of public importance needing

interpretatation of the Constitution or law, an appeal against the High Court decision can be made to Supreme Court. Earlier the financial limit of such civil cases was Rs. 20,000/ - but now according to the 30th Amendment of 1972, there is no minimum amount for taking a civil appeal to the Supreme Court. If substantial question of interpretation of law or Constitution is involved, appeal may be made against the decision of the High Court.

(ii) Appeals in Criminal Cases

An appeal may be brought to the Supreme Court against a High Court decision in a Structure of Government criminal case in a number of situations. Firstly, if a High Court sets aside an appeal or an order of acquittal passed by a lower court and awards death sentence to the accused, he may bring an appeal to the Supreme Court by right.

Secondly, appeal can also be made to the Supreme Court if the High Court withdraws a case from a lower court to itself, declares the accused guilty and awards death sentence.

In this situation also appeals can be made as a matter of right and without certificate from the High Court.

The appeal in cases other than these two categories may also be brought to the Supreme Court provided the High Court grants a certificate that the case is fit for appeal to the Supreme Court.

In case where the High Court refuses to certify a case to be fit for appeal to the Supreme Court, one may seek special leave to appeal from the Supreme Court itself. The Supreme Court may grant such a special leave in its discretion but only in rare cases.

(iii) Appeals in Constitutional Cases 

A constitutional case is neither a civil dispute, nor concerning a crime. It is a case arising out of different interpretations of Constitution, mainly regarding the fundamental rights. In such Constitutional Cases an appeal can be taken to the Supreme Court only if a High Court certifies that the matter in dispute involves a substantial question of law.

If the High Court denies a certificate of fitness to appeal to the Supreme Court, the Supreme Court can use its discretion and grant special leave to appeal to itself in any case it deems fit.

Advisory Jurisdiction 

This power implies Court’s right to give advice, if sought. Under advisory jurisdiction, the President of India may refer any question of law or public importance to Supreme Court for its advice. But the Supreme Court is not bound to give advice. In case, the advice or the opinion of the Court is sent to the President, he may or may not accept it. The advice of the Court is not binding on the President. So far, whenever the Court has given its advice, the President has always accepted it. The Court refused to give its advice on the question whether a temple existed at the spot, where Babri Masjid was built at Ayodhya.

 Guardian of The Constitution

The Constitution of India is the supreme law of the land and the Supreme Court is its

interpreter and guardian. It does not allow the executive or the Parliament to violate any provision of the Constitution. It can also review any action of the Government, which allegdly violates any provision of the Fundamental Rights. This power of the Supreme

Court is called Judicial Review about which we shall study later. If it finds violation of any provision of the Constitution, it may declare the concerned law as ultra-vires, or null and void. It is on the basis of this power of Judicial Review of the Supreme Court that it is

called guardian of the Constitution. It is also called ‘a champion of liberties’ and ‘a watchdog of democracy’.

In this context the role and the functions of the Supreme Court are wide and comprehensive.

Protector of Fundamental Rights Structure of Government The Supreme Court has concurrent right with the High Courts to issue directions, orders and writs for enforcement of fundamental rights. These are in the nature of the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. These writs make the Supreme Court a protector and guarantor of fundamental rights. The idea is that in case of violation of a law or right, the Court may issue directions for compliance with the Constitution. Thus, the citizens of India are secure as far as fundamental rights are concerned. The Supreme Court has the right to declare a law passed by the legislature null and void if it encroaches upon our fundamental rights. It has rejected many legislations, which violated

fundamental rights. This shows how the Supreme Court has always served as the guardian of fundamental rights.

Writ: It is an order issued to a lower Court or a functionary of the State to take steps to restore rights of the people.

Review of Its Own Judgment

If the Supreme Court discovers that there are some new facts or evidences or if it is satisfied that some mistake or error took place in its previous decision, it has the power to review the case and alter its previous decisions. This is generally done when a review

petition is filed. Normally, review is done by a bigger bench than the one that originally decided the case.

Judicial Review

It is a process through which judiciary examines whether a law enacted by a legislature or an action of the executive is in accordance with the Constitution or not. The power of the judicial review was first acquired by the Supreme Court of the United States. Now it is freely exercised by the Supreme Court of India and in many other countries. Our High Courts also exercise this power.

Judicial Review does not mean that every law passed by the legislature is taken up by the Supreme Court for review. It only means that the Court will review the law as and when it gets an opportunity. This is possible in two ways. First, the Court can review the law if its validity is challenged. The Supreme Court or High Court may get an opportunity to Structure of Government review a law in another situation also. If a person or institution feels that his/her rights are violated, or a certain benefit due to him under a law is being denied, the Court while examining such a petition may come to the conclusion that the law, under which relief is sought, is itself unconstitutional. Therefore, relief may not be granted.

In a democratic country like India the power of Judicial Review is an important guarantee of the rights of the people. Besides, the Supreme Court has been interpreting various provisions of the Constitution. Its rulings are treated as law of the land.

Let us now see how the Supreme Court has played its role as a custodian of the civil liberties and in particular of the fundamental rights.

The Right to Equality is an important right, which ensures equality before law. The Right to Equality also means absence of special privileges and inequality of treatment. So, the Supreme Court in the name of Protective Discrimination has justified the benefits or concessions in the form of reservations or relaxation of eligibility conditions. The Right to Freedom has given various kinds of freedoms to all of us. But the freedom of press was not mentioned in the Constitution. It was decided by the Supreme Court that freedom of press as a right is implied in right to freedom of expression. Thus, the Court expanded the right to freedom.

The Supreme Court has regarded the Right to Know as an important right to be able to take part in the participatory process of development and democracy. The Court had ruled that the Right to life in, Artile 21 implies and includes the right to education and clean environment also.

Regarding the delay in deciding the cases, the Supreme Court has held that delay in trial constitutes denial of justice. It has also laid down that speedy trial, release on bail of under trials, free legal aid to the poor and accused are also the fundamental rights.

The Supreme Court has used its power of judicial review and given various historic decisions to safeguard the rights of the individuals. It has stood guard of linguistic rights of minorities, religious rights of the people, welfare of the workers and daily wage earners.

If has also taken action to protect bonded labour, prevent exploitation of women, children and deprived sections of society.

No doubt, the Supreme Court through its power of judicial review has guarded our rights in various walks of life. The Supreme Court has given momentous decisions. Through, what is called “judicial activism”, the Court has given such rulings as compulsory use of

CNG fuel for the use of public transport vehicles in Delhi so that pollution could be brought under control. Similarly, for the protection of lives of people, it has made the use of helmets compulsory for two-wheeler users, and even the pillion riders.

The power of judicial review is an important guarantee of the rights of the people. It does not allow any violation of the Constitution. It has given several new interpretations to the Constitutional provisions. Thus, it has protected as well as expanded the Constitution.

Public Interest Litigation (PIL)

Earlier, the judiciary, including Supreme Court, entertained litigation only from those parties that were affected directly or indirectly by it. It heard and decided cases only under its original and appllate jurisdiction. But subsequently, the Court permitted cases on the ground Structure of Government of public interest litigation. It means that even people, who are not directly involved in the case, may bring to the notice of the Court matters of public interest. It is the privilege of the Court to entertain the application for public interest litigation (PIL). The concept of PIL was introduced by Justice P.N. Bhagwati.

PIL is important because justice is now easily available to the poor and the weaker sections of society. The Supreme Court on the basis of letters received from journalists, lawyers and social workers and even on the basis of newspaper reports has taken up a number of

matters of public interest. Let us take some examples to know how PIL has helped the people to get justice.

Under PIL, the rights of under trials held under illegal detention have been restored. The Supreme Court ordered the release of many detenues without trial on the ground of their personal liberty, which could not be curbed due to judicial or bureaucratic inefficiency.

The Supreme Court has also taken up steps to free bonded labourers, tribals, slum dwellers, women in rescue homes, children in juvenile homes, child labour etc.

In case of environmental pollution, the Supreme Court has ordered closure of a few factories near Kanpur, Delhi and other places.

With more and more decisions coming from the Supreme Court, the scope of PIL has widened. Now a person can approach the Court through a letter and if the Supreme Court believes that the matter is of public interest, it can consider the letter to be a petition and direct the hearing of the matter so that public interest may be protected. The process of PIL has led to increased judicial activism.

i. What is judicial review?

ii. What does PIL mean?

iii. What power of the Supreme Court ensures protection of fundamental rights of people?

What You Have Learnt

The salient feature of Indian Judiciary is that it has a single integrated and unified judicialm system.

The Supreme Court is the highest court of the country. It consists of a Chief Justice with 25 other judges. The President of India appoints them. There names are decided upon and recommended by a Collegium of the Supreme Court judges. They remain in office till the age of 65. They can be removed only through a complicated process The Supreme Court hears cases under its original and appellate jurisdictions. It is guardian of the Constitution and protector of fundamental rights. It acts as a Court of Record and

can punish for its contempt.

Under Judicial Review the Supreme Court can declare any law null and void if it goes Structure of Government against the law of the land. It interprets the Constitution to explain the provisions which are not very clear.

Public Interest Litigation is very helpful to the people in getting justice. It has resulted in judicial activism.

Terminal Exercises

1. Describe the composition of the Supreme Court.

2. How can a judge of the Supreme Court be removed from office.

3. Explain the original and appellate jurisdictions of the Supreme Court.

4. ‘Supreme Court is the guardian of Indian Constitution and a protector of Fundamental

Rights.’ Explain.

5. Explain the importance of PIL in our day-to-day life.

Answers to Intext Questions

(i) President

(ii) 25

(iii) 65

(iv) Jurist

(i) original

(ii) not bound

(iii) Supreme Court

(i) Power of the Supreme Court to determine constitutional validity of a law

(ii) Public Interest Litigation - hearing of matters of public interest

(iii) Judicial Review

Parliamentary Committees

Parliamentary Committees The work done by the Parliament in modern times is not only varied in nature, but considerable in volume. The time at its disposal is limited. It cannot, therefore, give close consideration to all the legislative and other matters that come up before it. A good deal of its business is, therefore, transacted by what are called the Parliamentary Committees. Ad hoc and Standing Committees Parliamentary Committees are of two kinds: Ad hoc Committees and the Standing Committees. Ad hoc Committees are appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report. The principal Ad hoc Committees are the Select and Joint Committees on Bills. Others like the Railway Convention Committee, the Committees on the Draft Five Year Plans and the Hindi Equivalents Committee were appointed for specific purposes. Apart from the Ad hoc Committees, each House of Parliament has Standing Committees like the Business Advisory Committee, the Committee on Petitions, the Committee of Privileges and the Rules Committee. Other Committees Of special importance is yet another class of Committees which act as Parliament's 'Watch Dogs' over the Executive. These are the Committees on Subordinate Legislation, the Committee on Government Assurances, the Committee on Estimates, the Committee on Public Accounts and the Committee on Public Undertakings and the Departmentally Related Standing Committees (DRSCs). The Committee on Estimates, the Committee on Public Accounts, the Committee on Public Undertakings and DRSCs play an important role in exercising a check over governmental expenditure and Policy formulation. Composition and Functions of the Committees Select and Joint Committees When a Bill comes up before a House for general discussion, it is open to that House to refer it to a Select Committee of the House or a Joint Committee of the two Houses. A motion has to ^be moved and adopted to this effect in the

House in which the Bill comes up for consideration. In case the motion adopted is for reference of the Bill to a Joint Committee, the decision is conveyed to the other House requesting them to nominate members of the other House to serve on the Committee. The Select or Joint Committee considers the Bill clause by clause just as the two Houses do. Amendments can be moved to various clauses by members of the Committee. The Committee can also take evidence of associations, public bodies or experts who are interested in the Bill. After the Bill has thus been considered, the Committee submits its report to the House. Members who do not agree with the majority report may append their minutes of dissent to the report. Committee on Estimates This Committee consists of thirty members who are elected by the Lok Sabha every year from amongst its members. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The main function of the Committee on Estimates is to report what economies, improvements in organisation, efficiency, or administrative reform, consistent with the policy underlying the estimates, may be effected and to suggest alternative policies in order to bring about efficiency and economy in administration. From time to time, the Committee selects such of the estimates pertaining to a Ministry or a group of Ministries or statutory and other Government bodies as may seem fit to the Committee. The Committee also examines matters of special interest which may arise or come to light in the course of its work or which are specifically referred to it by the House or the Speaker. Committee on Public Undertakings The Committee on Public Undertakings consists of 15 members elected by the Lok Sabha; 7 members of Rajya Sabha are also associated with it. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The functions of the Committee on Public Undertakings are: —(a) to examine the reports

and accounts of Public Undertakings; (b) to examine the reports, if any, of the Comptroller and Auditor General on the Public Undertakings; (c) to examine in the context of the autonomy and efficiency of the Public Undertakings -whether the affairs of the Public Undertakings are being managed in accordance with sound business principles and prudent commercial practices; and fd) such other functions vested in the Committee on Public Accounts and the Committee on Estimates in relation to the Public Undertakings as are not covered by clauses (a), (b) and (c) above and as may be allotted to the Committee by the Speaker from time to time. The Committee does not, however, examine matters of major Government policy and matters of day-to-day administration of the Undertakings. Committee on Public Accounts This Committee consists of 15 members elected by the Lok Sabha; 7 members of the Rajya Sabha are also associated with it. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The main duty of the Committee is to ascertain whether the money granted by Parliament has been spent by Government "within the scope of the Demand". The Appropriation Accounts of the Government of India and the Audit Reports presented by the Comptroller and Auditor General mainly form the basis for the examination of the Committee. Cases involving losses, nugatory expenditure and financial irregularities come in for severe criticism by the Committee. The Committee is not concerned with questions of policy. It is concerned only with the execution of the policy laid down by Parliament and its results. Business Advisory Committee (Lok Sabha) The Business Advisory Committee of Lok Sabha consists of 15 members, including the Speaker who is the ex-officio Chairman. The members are nominated by the Speaker. Almost all sections of the House are represented on the Committee as per the respective strength of parties in the House. The function of the Committee is to recommend the time that should be allotted for the discussion of such Government legislative and other business as the Speaker, in consultation with the Leader of

the House, may direct to be referred to the Committee. The Committee, on its own initiative, may also recommend to the Government to bring forward particular subjects for discussion in the House and recommend allocation of time for such discussions. The decisions reached by the Committee are always unanimous in character and representative of the collective view of the House. The Committee generally meets at the beginning of each Session and thereafter as and when necessary. Committee on Private Members' Bills and Resolutions (Lok Sabha) This Committee consists of 15 members and the Deputy Speaker is its Chairman when nominated as a member of the Committee. The Committee is nominated by the Speaker. The functions of the Committee are to allot time to Private Members' Bills and Resolutions, to examine Private Members' Bills seeking to amend the Constitution before their introduction in Lok Sabha, to examine all Private Members' Bills after they are introduced and before they are taken up for consideration in the House and to classify them according to their nature, urgency and importance into two categories namely, category A and category B, and also to examine such Private Members' Bills where the legislative competence of the House is challenged. The Committee, thus, performs the same function in relation to Private Members' Bills and Resolutions as the Business Advisory Committee does in regard to Government Business. The Committee holds office for a term not exceeding one year. Rules Committee (Lok Sabha) The Rules Committee consists of 15 members, including the Speaker who is the ex-officio Chairman of the Committee. The members are nominated by the Speaker. The Committee considers matters of procedure and conduct of business in the House and recommends any amendments or additions to the Rules of Procedure and Conduct of Business in Lok Sabha that are considered necessary. Committee of Privileges (Lok Sabha) This Committee consists of 15 members nominated by the Speaker. The function is to

examine every question involving breach of privilege of the House or of the members of any Committee thereof referred to it by the House or by the Speaker. It determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report. Committee on Papers Laid on the Table (Lok Sabha) This Committee consists of 15 members nominated by the Speaker. Its function is to examine all papers laid on the Table of the House by Ministers (other than those which fall within the purview of the Committee on Subordinate Legislation or any other Parliamentary Committee) and to report to the House-(a) whether there has been compliance of the provisions of the Constitution, Act, rule or regulation under which the paper has been laid; (b) whether there has been any unreasonable delay in laying the paper; (c) if there has been such delay, whether a statement explaining the reasons for delay has been laid on the Table of the House and whether those reasons are satisfactory; (d) whether both the Hindi and English versions of the paper have been laid on the Table; (e) whether a statement explaining the reasons for not laying the Hindi version has been given and whether such reasons are satisfactory; and (f) such other functions in respect of the papers laid on the Table as may be assigned to it by the Speaker from time to time. Committee on Petitions (Lok Sabha) The Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this Committee. The function of the Committee is to consider and report on petitions presented to the House. Besides, it considers representations from individuals, associations, etc. on subjects which are not covered by the rules relating to petitions and gives directions for their disposal. Committee on Subordinate Legislation (Lok Sabha) The Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this Committee.

The Committee scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, etc. conferred by the Constitution or delegated by Parliament are being properly exercised by the Executive within the scope of such delegation. Committee on Government Assurances (Lok Sabha) This Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this Committee. While replying to Questions in the House or during discussions on Bills, Resolutions, Motions, etc., Ministers at times give assurances or undertakings either to consider a matter or to take action or to furnish the House further information later. The functions of this Committee are to scrutinize the assurances, promises, undertakings, etc. given by Ministers from time to time and to report to Lok Sabha on the extent to which such assurances, etc. have been implemented and to see whether such implementation has taken place within the minimum time necessary for the purpose. Committee on Absence of Members from the Sittings of the House (Lok Sabha) The Committee consists of 15 members who hold office for one year. The members are nominated by the Speaker. This Committee considers all applications from members for leave of absence from the sittings of the House and examines every case where a member has been absent for a period of 60 days or more, without permission, from the sittings of the House. In its report, it makes recommendations with respect to each case as to whether the absence should be condoned or leave applied granted or whether the circumstances of the case justify that the House should declare the seat of the member vacant. Joint Committee on Offices of Profit This Committee consists of 15 members. Ten members are elected from Lok Sabha and five from Rajya Sabha. The Committee is constituted for the duration of each Lok Sabha. The main functions of the Committee are. to examine the composition and character of the

Committees appointed by the Central and State Governments and to recommend what offices should disqualify and what offices should not disqualify a person for being chosen as, and for being, a member of either House of Parliament under article 102 of the Constitution. Committee on the Welfare of Scheduled Castes and Scheduled Tribes The Committee on the Welfare of Scheduled Castes and Scheduled Tribes consists of 20 members elected by the Lok Sabha; 10 members of Rajya Sabha are also associated with it. The term of the Committee is one year. A Minister is not eligible for election to the Committee. The main functions of the Committee are to consider all matters concerning the welfare of the Scheduled Castes and Scheduled Tribes, falling within the purview of the Union Government and the Union Territories, to consider reports submitted by the National Commission for Scheduled Castes and National Commission for Scheduled Tribes and to examine the measures taken by the Union Government to secure due representation of the Scheduled Castes and Scheduled Tribes in services and posts in its control. Railway Convention Committee The Railway Convention Committee is an Ad hoc Committee. It consists of 18 members. Out of these, 12 members are from Lok Sabha nominated by the Speaker and 6 members are from Rajya Sabha nominated by the Chairman. The main function of the Committee is to review the Rate of Dividend payable by the Railways undertaking to General Revenues as well as other ancillary matters in connection with the Railway Finance vis-a-vis the General Finance and make recommendations thereon. The Railway Convention Committee, 1949 was the first Committee after independence. This Committee and subsequent Committees confined themselves to determining the Rate of Dividend payable by the Railways to General Revenues. Since 1971, the Railway Convention Committees have been taking up subjects for examination and report which have a bearing on the working of the Railways.

Committee on Empowerment of Women This Committee came into being on 29 April 1997 as a consequence of identical Resolutions adopted by both the Houses of Parliament on the occasion of the International Women's Day on 8 March 1996. The Committee consists of 30 members, 20 nominated by the Speaker, Lok Sabha from amongst the members of Lok Sabha and 10 nominated by the Chairman, Rajya Sabha from amongst the members of the Rajya Sabha. The term of the Committee is of one year. The Committee has been primarily mandated with the task of reviewing and monitoring the measures taken by the Union Government in the direction of securing for women equality, status and dignity in all matters. The Committee would also suggest necessary correctives for improving the status/condition of women in respect of matters within the purview of the Union Government. Another important function of the Committee is to examine the measures taken by the Union Government for comprehensive education and adequate representation of women in Legislative Bodies/services and other fields. The Committee may also consider the report of the National Commission for Women. The Committee may also examine such other matters as may seem fit to or are specifically referred to it by the Lok Sabha or the Speaker and the Rajya Sabha or the Chairman, Rajya Sabha. House Committee The House Committee deals with the residential accommodation and other amenities for members. Joint Committee on Salaries and Allowances of Members of Parliament The Joint Committee on Salaries and Allowances of Members of Parliament constituted under the Salary, Allowances and Pension of Members of Parliament Act, 1954, apart from framing rules for regulating payment of salary, allowances and pension of members also frames rules in respect of amenities like medical, housing, telephone, postal, constituency and secretarial facilities.

Library Committee The Library Committee consisting of members from both Houses, considers matters concerning the Library of Parliament. The Committee consists of 9 members, 6 from Lok Sabha and 3 from Rajya Sabha. Ad hoc Committees Ad hoc Committees may be broadly classified under two heads: (a) Committees which are consituted from time to time, either by the two Houses on a motion adopted in that behalf, or by the Speaker, Lok Sabha/Chairman, Rajya Sabha to inquire into and report on specific subjects (e.g. Committee on the Conduct of Certain Members during the President's Address, Committees on Draft Five-Year Plans, Joint Committee to suggest Facilities and Remuneration to Members of Parliament, Joint Parliamentary Committee on Installation of Portraits/Statues of National Leaders and Parliamentarians in Parliament House Complex); and (b) Select or Joint Committees on Bills which are appointed to consider and report on particular Bills. These Committees are distinguishable from the other Ad hoc Committees in as much as they are concerned with Bills and the procedure to be followed by them is laid down in the Rules of Procedure and the Directions by the Speaker, Lok Sabha/Chairman, Rajya Sabha. Other Committees The Lok Sabha too has a Committee on Ethics, a Committee on Provision of Computers for Members of Parliament, Offices of Political Parties and Offices of the Lok Sabha Secretariat and a Committee on Member of Parliament Local Area Development Scheme. Departmentally Related Standing Committees A full-fledged system of 17 Departmentally Related Standing Committees came into being in April, 1993 covering under their jurisdiction all Central Ministries/Departments. The system was re-structured in July, 2004 whereby the number of DRSCs was increased from 17 to 24 and the membership of each DRSC has been

reduced from 45 to 31 members. These re-structured Committees are as under:- Sl.No. Name of the Committee 1. Committee on Commerce 2. Committee on Home Affairs 3. Committee on Human Resource Development 4. Committee on Industry 5. Committee on Science & Technology, Environment & Forests 6. Committee on Transport, Tourism and Culture 7. Committee on Health and Family Welfare 8. Committee on Personnel, Public Grievances, Law and Justice 9. Committee on Agriculture

10. Committee on Information Technology 11. Committee on Defence 12. Committee on Energy 13. Committee on External Affairs 14. Committee on Finance 15. Committee on Food, Consumer Affairs and Public Distribution 16. Committee on Labour 17. Committee on Petroleum & Natural Gas 18. Committee on Railways 19. Committee on Urban Development 20. Committee on Water Resources 21. Committee on Chemicals and Fertilizers 22. Committee on Rural Development 23. Committee on Coal and Steel 24. Committee on Social Justice and Empowerment Out of the 24 Committees, 8 Committees (SI. Nos. 1 to 8) are serviced by the Rajya Sabha Secretariat and 16 Committees (SI. Nos. 9 to 24) by the Lok Sabha Secretariat. Each of these Standing Committees consists of not more than 31 members-21 to be nominated by the Speaker from amongst the members of Lok Sabha and 10 to be nominated by the Chairman, Rajya Sabha from amongst the

members of Rajya Sabha. A Minister is not eligible to be nominated to these Committees. The term of members of these Committees is one year. With reference to the Ministries/Departments under their purview, the functions of these Committees are: (a) Consideration of Demands for Grants. (b) Examination of Bills referred to them by the Chairman, Rajya Sabha, or the Speaker, Lok Sabha, as the case may be. (c) Consideration of Annual Reports. (d) Consideration of national basic long term policy documents presented to the House and referred to the Committee by the Chairman, Rajya Sabha, or the Speaker, Lok Sabha, as the case may be. These Committees do not consider matters of day-to-day administration of the Ministries/ Departments concerned. The Departmentally Related Standing Committee System is a path-breaking endeavour of parliamentary surveillance over administration. With the emphasis of their functioning to concentrate on long-term plans, policies and the philosophies guiding the working of the Executive, these Committees are in a very privileged position to provide necessary direction, guidance and inputs for broad policy formulations and in the achievement of the long-term national perspective by the Executive. 

BUDGET IN PARLIAMENT

Budget In Parliament With the emergence of Welfare State, Governments have come to Look after virtually every sphere of human life. They have to perform manifold functions from maintaining law and order, protecting their territories to implementation of plans for economic and social betterment. Besides, they provide a variety of social services like education, health, employment and housing to the people. Needless to say, Government requires adequate resources to discharge these functions effectively. Where is this money to come from and who is to sanction the funds? The necessary funds are mobilized from the country's resources by way of taxes both direct and indirect, loans both long-term and short-term, to meet the Governmental expenditure. In India, the principal sources of revenue are customs and excise duties and Income-tax on individuals and companies. Need for Budget It is not as if the Government can tax, borrow and spend money the way it likes. Since there is a limit to the resources, the need for proper budgeting arises to allocate scarce resources to various Governmental activities. Every item of expenditure has to be well thought out and total outlay worked out for a specific period. Prudent spending is essential for the stability of a Government and proper earnings are a pre-requisite to wise spending. Hence, planned expenditure and accurate foresight of earnings are sine-qua-non of sound Governmental finance. Parliamentary Control over Finance Ours is a Parliamentary system of Government based on Westminster model. The Constitution has, therefore, vested the power over the purse in the hands of chosen representatives of the people thus sanctifying the principle 'no taxation without representation'. Preparation of Budget for the approval of the Legislature is a constitutional obligation of the Government both at the Centre and the State levels. Legislative prerogative over taxation, legislative control over expenditure and executive initiative in financial matters are some of the fundamental principles of the system of Parliamentary financial control. There are specific provisions in the Constitution of India incorporating these tenets. For example, article 265 provides that 'no tax shall be levied or collected except by authority of law'; no expenditure can be incurred except with the

authorization of the Legislature (article 266); and President shall, in respect of every financial year, cause to be Laid before Parliament, Annual Financial Statement (article 112). These provisions of our Constitution make the Government accountable to Parliament. The Budget The 'Annual Financial Statement', laid before both the Houses of Parliament constitutes the Budget of the Union Government. This statement takes into account a period of one financial year. The financial year commences in India on 1st April each year. The statement embodies the estimated receipts and expenditure of the Government of India for the financial year. Demands for Grants The estimates of expenditure included in the Budget and required to be voted by Lok Sabha are in the form of Demands for Grants. These Demands are arranged Ministry-wise and a separate Demand for each of the major services is presented. Each Demand contains first a statement of the total grant and then a statement of the detailed estimate divided into items. Railway Budget The Budget of the Indian Railways is presented separately to Parliament and dealt with separately, although the receipts and expenditure of the Railways form part of the Consolidated Fund of India and the figures relating to them are included in the 'Annual Financial Statement'. Presentation In India, the Budget is presented to Parliament on such date as is fixed by the President. The Budget speech of the Finance Minister is usually in two parts. Part A deals with general economic survey of the country while Part B relates to taxation proposals. General Budget was earlier being presented at 5 P.M. on the last working day of February, but since 2001 the General Budget is being presented at 11 A.M. on the Last working day of February, i.e. about a month before the commencement of the Financial year except in the year when General Elections to Lok Sabha are held. In an election year, Budget may be presented twice—first to secure Vote on Account for a few months and later in full. The General Budget is presented in Lok Sabha by the Minister of Finance. He makes a speech introducing the Budget and it is only in the concluding part of his speech that the proposals

for fresh taxation or for variations in the existing taxes are disclosed by him. The 'Annual Financial Statement' is laid on the Table of Rajya Sabha at the conclusion of the speech of the Finance Minister in Lok Sabha. Budget Documents Alongwith the 'Annual Financial Statement' Government presents the following documents: an Explanatory Memorandum briefly explaining the nature of receipts and expenditure during the current year and the next year and the reasons for variations in the estimates for the two years, the Books of Demands showing the provisions Ministry-wise and a separate Demand for each Department and service of the Ministry. The Finance Bill which deals with the taxation measures proposed by Government is introduced immediately after the presentation of Budget. It is accompanied by a memorandum explaining the provisions of the Bill and their effect on the finances of the country. Vote on Account The discussion on the Budget begins a few days after its presentation. In a democratic set-up, Government is anxious to give Parliament full opportunity to discuss the budgetary provisions and the various proposals for taxation. Since Parliament is not able to vote the entire budget before the commencement of the new financial year, the necessity to keep enough finance at the disposal of Government in order to allow it to run the administration of the country remains. A special provision is, therefore, made for "Vote on Account" by which Government obtains the Vote of Parliament for a sum sufficient to incur expenditure on various items for a part of the year. Normally, the Vote on Account is taken for two months only. But during election year or when it is anticipated that the main Demands and Appropriation Bill will take longer time than two months, the Vote on Account may be for a period exceeding two months. Discussion The Budget is discussed in two stages in Lok Sabha. First, there is the General Discussion on the Budget as a whole. This lasts for about 4 to 5 days. Only the broad outlines of the Budget and the principles and policies underlying it are discussed at this stage. Consideration of the Demands by Standing Committees of Parliament After the first stage of General Discussion .on both Railway-as well as General Budget is over,

the House is adjourned for a fixed period. During this period, the Demands for Grants of various Ministries/Departments including Railways are considered by Standing Committees concerned (Rule 331G). These Committees are required to make their reports to the House within specified period without asking for more time. The system of consideration of Demands for Grants by the Standing Committees was introduced from the Budget for the year 1993-94. The Standing Committee consists of 31 Members, 21 from Lok Sabha and 10 from Rajya Sabha. The reports of the Standing Committees are of persuasive nature (Rule 331N). The report shall not suggest anything of the nature of cut motions. After the reports of the Standing Committees are presented to the House, the House proceeds to the discussion and Voting on Demands for Grants, Ministry-wise. The time for discussion and Voting of Demands for Grants is allocated by the Speaker in consultation with the Leader of the House. On the Last day of the allotted days, the Speaker puts all the outstanding Demands to the Vote of the House. This device is popularly known as 'guillotine'. Lok Sabha has the power to assent to or refuse to give assent to any Demand or even to reduce the amount of Grant sought by Government. In Rajya Sabha there is only a General Discussion on the Budget. It does not vote on the Demands for Grants. Only so much of the amount is subject to the vote of Lok Sabha as is not a "charged" expenditure on the Consolidated Fund of India. The "charged" expenditure includes the emoluments of the President and the salaries and allowances of the Chairman and Deputy Chairman of Rajya Sabha and the Speaker and Deputy Speaker of Lok Sabha, Judges of Supreme Court, Comptroller and Auditor General of India and certain other items specified in the Constitution of India. Discussion in Lok Sabha on 'charged' expenditure is permissible but such expenditure is not voted by the House. Members have full opportunity to criticise the budgetary provisions during the course of discussion as also to make suggestions for improving the financial position of the country. Cut Motions Motions for reduction to various Demands for Grants are made in the form of Cut Motions seeking to reduce the sums sought by Government on grounds of economy or difference- of opinion on matters of policy or just in order to voice a grievance.

Appropriation Bill After the General Discussion on the Budget proposals and Voting on Demands for Grants have been completed, Government introduces the Appropriation Bill. The Appropriation Bill is intended to give authority to Government to incur expenditure from and out of the Consolidated Fund of India. The procedure for passing this Bill is the same as in the case of other money Bills. Finance Bill The Finance Bill seeking to give effect to the Government's taxation proposals which is introduced in Lok Sabha immediately after the presentation of the General Budget, is taken up for consideration and passing after the Appropriation Bill is passed. However, certain provisions in the Bill relating to Levy and collection of fresh duties or variations in the existing duties come into effect immediately on the expiry of the day on which the Bill is introduced by virtue of a declaration under the Provisional Collection of Taxes Act. Parliament has to pass the Finance Bill within 75 days of its introduction. Supplementary/Excess Grants No expenditure in excess of the sums authorized by Parliament can be incurred without the sanction of Parliament. Whenever a need arises to incur extra expenditure, a Supplementary estimate is laid before Parliament. If any money has been spent on any service during a financial year in excess of the amounts granted for that service and for that year, the Minister of Finance/Railways presents a Demand for Excess Grant. The procedure followed in Parliament in regard to Supplementary/Excess Grants is more or less the same as is adopted in the case of estimates included in the General Budget. Budget of a State/Union Territory under President's Rule Budget of a State under President's rule is presented to Lok Sabha. The procedure followed in regard to the Budget of the Union Government is followed in the case of State Budget also with such variations or modifications, as the Speaker may make. 

QUESTION HOUR IN LOK SABHA

Question Hour in Lok Sabha Generally, the first hour of a sitting of the Lok Sabha is devoted to Questions and that hour is called the Question Hour. It has a special significance in the proceedings of Parliament. Asking of questions is an inherent and unfettered parliamentary right of members. It is during the Question Hour that the members can ask questions on every aspect of administration and governmental activity. Government policies in the national as well as international spheres come into sharp focus as the members try to elicit pertinent information during the Question Hour. The Government is, as it were, put on trial during the Question Hour and every Minister whose turn it is to answer questions has to stand up and answer for his or his administration's acts of omission and commission. At the same time, through the Question Hour, the Government is able to quickly feel the pulse of the nation and adopt its policies and actions accordingly. It is through questions in Parliament that the Government remains in touch with the people inasmuch as members are enabled thereby to ventilate the grievances of the public in matters concerning the administration. Questions enable Ministries to gauge the popular reaction to their policy and administration. Questions also bring to the notice of the Ministers many an abuse which otherwise would have gone unnoticed. Sometimes, questions may lead to the appointment of a commission, a court of enquiry or even legislation when matters raised are grave enough to agitate the public mind and are of wide public importance. Types of Questions Questions are of four types: Starred, Unstarred, Short Notice Questions and Questions addressed to private Members. A Starred Question is one to which a member desires an oral answer in the House and which is distinguished by an asterisk mark. When a question is answered orally, supplementary questions can be asked thereon. Only 20 questions can be Listed for oral answer on a day. An Unstarred Question is one which is not called for oral answer in the House and on which no

supplementary questions can consequently be asked. To such a question, a written answer is deemed to have been laid on the Table after the Question Hour by the Minister to whom it is addressed. It is printed in the official report of the sitting of the House for which it is put down. Only 230 questions can be listed for written answer on a day. In addition to this, 25 more questions can also be included in the Unstarred List relating to the States under Presidential Rule and the total number of questions in the list of Unstarred Questions for a day may not exceed 255 in relaxation of the normal limit of 230 questions. A Short Notice Question is one which relates to a matter of urgent public importance and can be asked with shorter notice than the period of notice prescribed for an ordinary question. Like a Starred Question, it is answered orally, followed by supplementary questions. The Question to a Private Member is addressed to the Member himself/herself and it is asked when the subject-matter of it pertains to any Bill, Resolution or any matter relating to the Business of the House for which that member is responsible. For such Questions, the same procedure is followed as in the case of Questions addressed to a Minister with such variations as the Speaker may consider necessary or convenient. Notices of Questions A member gives notice in writing addressed to the Secretary-General, Lok Sabha, intimating his intention to ask a question. Besides the text of the question, the notice states clearly the official designation of the Minister to whom the question is addressed as also the date on which the question is desired to be placed on the List of Questions for answer as also the order of preference, if any, for its being placed on the List of Questions when a member tables more than one notices of questions for the same day. The normal period of notice of a question is not more than twenty-one and not less than ten clear days. However the Speaker can relax the required minimum notice period of ten clear days to protect the interest of the Members. A short notice question can be asked with a notice

shorter than ten days, but the member has to state briefly the reasons for asking the question at short notice. Procedure in Lok Sabha Secretariat On receipt of the notice of a question, it is scrutinised to see that the designation of the Minister and date of answer have been correctly mentioned in the notice. A preliminary ballot of identical questions is held and the member who obtains priority is deemed to have tabled the question. A ballot is then held in respect of notices received in the Secretariat at the same time to determine their inter se priority. Separate ballots are held for Starred and Unstarred Questions. Starred, Unstarred and Short Notice Questions are numbered separately and entered in separate diaries on the computer software. The next stage is to examine the question as to whether or not it is admissible under the rules and past precedents. A question is primarily asked for the purpose of obtaining information on a matter of public importance. Questions that contain arguments, inferences or defamatory statements or otherwise refer to the character or conduct of any person except in his official or public capacity, are not admitted. Questions which are in substance repetitions of those that have been answered previously or in regard to which information is available in accessible documents or in ordinary works of reference are also not admitted. Besides, if the subject matter of a question is pending for judgement before any court of law or any other tribunal or body set up under law or is under consideration before a Parliamentary Committee, the same is not permitted to be asked. Questions making discourteous references to foreign countries with whom India has friendly relations are disallowed. Similarly, questions raising larger issues of policy are not allowed for it is not possible to enunciate policies within the limited compass of an answer to a question. Questions containing more than 150 words or relating to a matter which is not primarily the concern of the Government of India are not admitted. Questions going into minor details of administration and day-to-day working of the

Government/Organisations are also not admitted. Keeping the above rules and precedents in view, a question is admitted or disallowed. Typed copies of the admitted and edited questions are then made out on a standard form. An advance copy of the admitted question is informally collected by the Ministry/Department concerned so that they may, on their side, initiate action for collection of information asked for in the question to prepare a reply. A Short Notice Question which is of wide public importance is first referred to the Ministry concerned, if necessary, for furnishing factual information in the matter and also for indicating whether the Minister concerned accepts the short notice and, if so, what date will be convenient to him to answer the question. If the Minister accepts the short notice and the matter sought to be raised is considered by the Speaker, urgent, the Short Notice Question is admitted and printed in a separate List in light pink paper in order to distinguish it from Lists of ordinary questions. The Short Notice Question is taken up after the Question Hour. Allotment of Days for Questions Immediately on the fixation of the dates of sittings of a session of Lok Sabha, allotment is made of the days available for the answering of questions relating to the various Ministries of the Government of India. For this purpose, the Ministries are divided into five Groups and fixed days are allotted to groups of Ministries during the week. There is no Question Hour on Saturday, if a sitting is fixed for that day. Separate lists are prepared for Starred and Unstarred Questions which have been admitted. Admitted questions are entered in the List of Questions for the day for oral or written answers, as the case may be, in the order of priority obtained in ballot with the orders of the Speaker. Not more than five questions are admitted in the name of a member for each sitting of which not more than one is put down for oral answer. While compiling the List of Unstarred Questions, care is taken to see that

one question of each member is included in the List of Questions of that date. The remaining Unstarred Questions are thereafter put in the List according to inter se priority obtained in the ballot. A serial number is allotted to each question. Normally, not more than twenty questions are placed on the List of Questions for oral answers and not more than two hundred and thirty questions are placed on the List of Questions for written answers on any one day. The Ministries are supplied with the Lists of finally admitted Questions at least 5 days before the date fixed for asking the questions. Mode of Asking Questions A member whose question has been admitted and which is included in the List of Questions for oral answer for a particular day, rises in the seat when the turn of the question comes and asks the question by reading out its number on the List of Questions. The Minister concerned answers the question. Thereafter, the member who had asked the question can ask only two supplementary questions. After that, the second member whose name is clubbed on the question is allowed to ask one supplementary question. Thereafter, the Speaker allows one supplementary each to members who are able to catch his eye. The number of such members depends on the importance of the question. Then, the next question is taken up. The replies to questions not reached for oral answer during the Question Hour are deemed to have been laid on the Table of the Lok Sabha. At the end of the Question Hour, i.e. after the questions for oral answer have been answered, Short Notice Question, if any, for that day is taken up and disposed of in the same way as questions for oral answers. Half-an-Hour Discussion Where answer to a question, whether Starred or Unstarred, needs elucidation on a matter of fact, any member can table a notice for raising a Half-an-Hour Discussion thereon. If the notice is admitted and gets priority in ballot, such a discussion may be allowed by the Speaker. Normally, such discussions are held on three days in a week, viz., Monday, Wednesday and Friday, except in Budget Session when such

discussion is normally not held till the financial business is completed. The discussion is usually held from 17.30 to 18.00 hrs. During the discussion, the member who has given notice makes a short statement and not more than four other members, who have given advance notice before 11.00 hours on the day on which discussion is to be held, are permitted to ask a question each for further elucidating any matter of fact. Thereafter, the Minister concerned replies. Telecasting of Question Hour The Question Hour is an interesting part of the parliamentary proceedings. Although a question mainly seeks information and tries to elicit facts on a particular subject, there are many a time lively and quicksilver repartees between the Members asking the questions and the Ministers answering them. These repartees are sometimes coupled with flashes of wit and humour. That is why the Public Galleries and the Press Galleries are packed to capacity during the Question Hour. With a view to familiarizing the public at large about the manner in which the proceedings of the Houses of Parliament are conducted in the Question Hour and how their representatives raise various issues of national/international importance, proceedings of the Question Hour are being telecast since 2 December 1991. Earlier, the pre-recorded proceedings of the Question Hour were telecast by Doordarshan on the following day in the morning. From 7 December 1994, the proceedings of the Question Hour of both the Houses are being telecast live on alternate weeks throughout the country on the national channel of Doordarshan from 1100 hrs. to 1200 hrs. All India Radio is also broadcasting the proceedings of the Question Hour of both the Houses from 2200 hrs. to 2300 hrs. the same night on their national hook up. It has been arranged in such a manner that during the telecast of the Question Hour of one House by Doordarshan, the Question Hour of the Other House is broadcast by ALL India Radio. With the formation of the LSTV Channel, the live coverage of Lok Sabha proceedings is being covered by LSTV Channel. As per practice, the proceedings of Question Hour in Lok Sabha and Rajya Sabha are telecast 'Live'/broadcast on Doordarshan/

All India Radio on their national Channels on alternate weeks. While telecasting Question Hour of one House on the national channel, Doordarshon telecasts live the Question Hour of the other House on DD News Channel. If one House is adjourned for any reason, both channels cover the other House. DD News Channel, however, switches over to other important news items temporarily, if it happens during live telecast of Question Hour. 

Bal Sambal

THE STATE LEGISLATURE (SEPS)

STATE LEGISLATURE

India is a Union of States. It means that there is one Union Government and several State Govermments, It also means that Union (Centre) is more powerful than States. At present there are 30 States in the Indian Union and each one of them has a Legislature. You have already read about the Parliament of India, which is the law making body at the Union level. The State Legislature is a law making body at state level. In this Lesson you will read about the composition of State Legislature, qualifications and election of their members, powers and functions of the Legislature, and comparison of the powers of two Houses of the Lagislature.

Composition of The State Legislature

In most of the States, the Legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha). This means that these State have unicameral Legislature. In a few States, there are two Houses of the Legislature namely, Legislative Assembly (Vidhan Sabha) and Legislative council (Vidhan Parishad) besides the Governor.Where there are two Houses, the Legislature, is known as bicameral.

Five States have the bicameral, legislature. The Lagislative Assembly is known as lower House or popular House. The Legislative Council is known as upper House. Just as Lok Sabha has been made powerful at the Union level, the Legislative Assembly has been made a powerful body in the States.

Structure of Government :

Legislative Assembly (Vidhan Sabha)

There is a Legislative Assembly (Vidhan Sabha) in every State. It represents the people of State. The members of Vidhan Sabha are directly elected by people on the basis of universal adult franchise. They are directly elected by all adult citizens registered as voters in the State. All men and women who are 18 years of age and above are eligible to be included in the voters’ List. They vote to elect members of State Assembly. Members are elected from territorial constituencies. Every State is divided into as many (single member)

constituencies as the number of members to be elected. As in case of Lok Sabha, certain number of seats are reserved for Scheduled Castes, and in some States for Scheduled Tribes also. This depends on population of these weaker sections in the State. In order to become a Member of Vidhan Sabha a person must:

be a citizen of India;

have attained the age of 25 years;

his/her name must be in voters’ list;

must not hold any office of profit i.e.;

should not be a government servant.

The number of Vidhan Sabha members cannot be more than 500 and not less than 60.

However, very small States have been allowed to have lesser number of members. Thus Goa has only 40 members in its Assembly. Uttar Pradesh (is a big state even after creation of Uttaranchal from this state in 2002) has 403 seats in the Assembly.

The Governor of the State has the power to nominate one member of Anglo-Indian community if this community is not adequately represented in the House. As in case of the Lok Sabha, some seats are reserved for the members of Scheduled Castes and Schedule Tribes. The tenure of Vidhan Sabha is five years, but the Governor can dissolve it before the completion of its term on the advice of Chief Minister. It may be dissolved by the President in case of constitutional emergency proclaimed under Article 356 of the Constitution.

In case of proclamation of national emergency (under Article 352) the Parliament can extend the term of the Legislative Assemblies for a period not exceeding one year at a time.

Presiding Officer (The Speaker)

The members of Vidhan Sabha elect their presiding officer. The Presiding officer is known as the Speaker. The Speaker presides over the meatings of the House and conducts its proceedings. He maintains order in the House, allows the members to ask questions and speak. He puts bills and other measures to vote and announces the result of voting. The Speaker does not ordinarily vote at the time of voting. However, he may exercise casting vote in case of a tie. The Deputy Speaker presides over the meeting during the absence of the Speaker. He is also elected by the Assembly from amongst its members.

A tie means that equal numbers of members have voted in favour and against a bill or resolution. To break the tie, casting vote is exercised by the presiding officer of the Legislative Assembly.

Legislative Council (Vidhan Parishad) Vidhan Parishad is the upper House of the State Legislature. It is not in existence in every State. Very few States have bicameral Legislature that means having two Houses. At present five states viz. Utter Pradesh, Bihar, Karnataka, Maharashtra and Jammu & Kashmir have Vidhan Parishad while, remaining 25 States have one House, i.e. Vidhan Sabha. Legislative Councils are legacy of the British period. The Parliament can create

Vidhan Parishad in a State where it does not exist, if the Legislative Assembly of the State passes a resolution to this effect by a majority of the total membership of the Assembly and by a majority of not less than two thirds of the members of the Assembly present and voting, and sends the resolution to the Parliament. Similarly, if a State has a Council and the Assembly wants it to be abolished, it may adopt a resolution by similar majority and send it to Parliament. In this situation Parliament resolves to abolish the concerned Legislative Council. Accordingly, Councils of Punjab, Andhra Pradesh, Tamil Nadu and West Bengal were abolished.

According to the Constitution, the total number of members in the Vidhan Parishad of a State should not exceed one-third of the total number of members of Vidhan Sabha but this number should not be less than 40. The Jammu & Kashmir is an exception where Vidhan Parishad has 36 members.

In order to be a member of the Legislative Council the person concerned should 

– be a citizen of India:

– have attained the age of 30 years;

– be a registered voter in the State;

– not hold any office of profit.

The Vidhan Parishad is partly elected and partly nominated. Most of the members are indirectly elected in accordance with the principle of proportional representation by means of single transferable vote system. Different categories of members represent different interests. The composition of the Legislative Council is as follows:

i. One-third members of the Council are elected by the members of the Vidhan Sabha. 

ii. One-third of the members of the Vidhan Parishad are elected by the electorates consisting of members of Municipalities, District Boards and other local bodies in the State;

iii. One-twelfth members are elected by the electorate consisting of graduates in the State with a standing of three years;

iv. One-twelfth members are elected by the electorate consisting of teachers of educatioal institutions within the State not lower in standard than a secondary school who have teaching experience of at least three years;

v. The remaining, i.e. about one-sixth members are nominated by the Governor from amongst the persons having special knowledge in the sphere of literature, science, arts, co-operative movement and social service.

The Vidhan Parishad, like Rajya Sabha is a permanent House. It is never dissolved. The tenure of its members is six years. One-third of its members retire after every two years.

The retiring members are eligible for re-election. In case of vacancy arising out of resignation or death by-election is held for the remaining period of such members’ tenure.

Chairman of the Legislative Council (Presiding Officer)

The presiding officer of the Vidhan Parishad (Legislative Council) is known as the Chairman, who is elected by its members. The business of Vidhan Parishad is conducted by the Chairman. He presides over the meetings and maintains discipline and order in the House.

In addition to his vote as a member, he can exercise his casting vote in case of a tie. In his absence, Deputy Chairman presides over the House. He is also elected by the members of the Parishad from amongst themselves.

Sessions of The State Legislature

The State Legislature meets at least twice a year and the inteval between two sessions cannot be more than six months.

The Governor summons and prorogues the sessions of State Legislature. He addresses the Vidhan Sabha or both Houses (if there is bi-cameral Legislature) at the commencement of the first session after each general election and at the commencement of the first session of the year. This address reflects the policy statement of the government which is to be discussed in the Legislature, and the privileges and immunities of the members of the State Legislature are similar to that of members of Parliament.

Fill in the blanks :

1. The minimum age for membership of Vidhan Parishad is ________________ years.

(25, 30, 35)

2. The Tenure of members of Vidhan Parishad is __________ years. (4, 5, 6)

3. One-third members of the Vidhan Parishad retire after every __________ years.

(2, 4, 6)

4. The ____________ is empowered to create or abolish the Vidhan Parishad.

The State Legislature

(President, Governor, Parliament) Structure of Government

5. The State of ____________ has bi-cameral Legislature. (Punjab, Haryana, Uttar

Pradesh)

Powers and Functions of The State Legislature

Law Making Function

The primary function of the State Legislature, like the Union Parliament, is law-making.

The State Legislature is empowered to make laws on State List and Concurrent List. The Parliament and the Legislative Assemblies have the right to make the laws on the subjects mentioned in the Concurrent List. But in case of contradiction between the Union and State law on the subject the law made by the Parliament shall prevail.

Bills are of two types-Ordinary bills and Money bills. Ordinary bills can be introduced in either of the Houses (if the State Legislature is bicameral), but Money bill is first introduced in the Vidhan Sabha. After the bill is passed by both Houses, it is sent to the Governor for

his assent. The Governor can send back the bill for reconsideration. When this bill is passed again by the Legislature, the Governor has to give his assent. You have read when the Parliament is not in session and if there is a necessity of certain law, the President issues Ordinance. Similarly, the Governor can issue an Ordinance on the State subjects when legislature is not in session. The Ordinances have the force of law. The Ordinances issued are laid before the State Legislature when it reassembles. It ceases to be in operation after the expirty of six weeks, unless rejected by the Legislature earlier.

The Legislature passes a regular bill, to become a law, to replace the ordinance. This is usually done within six weeks after reassembly of Legislature.

Financial Powers

The State Legislature keeps control over the finances of the State. A money bill is introduced first only in the Vidhan Sabha. The money bill includes authorisation of the expenditure to be incurred by the government, imposition or abolition of taxes, borrowing, etc. The bill is introduced by a Minister on the recommendations of the Governor. The money bill cannot be introduced by a private member. The Speaker of the Vidhan Sabha certifies that a particular bill is a money bill.

After a money bill is passed by the Vidhan Sabha, it is sent to the Vidhan Parishad. It has to return this bill within 14 days with, or without, its recommendations. The Vidhan Sabha may either accept or reject its recommendations. The bill is deemed to have been passed by both Houses. After this stage, the bill is sent to the Governor for his assent. The Governor cannot withhold his assent, as money bills are introduced with his prior approval.

Control over the Executive

Like the Union Legislature, the State Legislature keeps control over the executive. The Council of Ministers is responsible to Vidhan Sabha collectively and remains in the office so long as it enjoys the confidence of the Vidhan Sabha. The Council is removed if the Vidhan Sabha adopts a vote of no-confidence, or when it rejects a government bill.

In addition to the no-confidence motion, the Legislature keeps checks on the government Structure of Government by asking questions and supplementary questions, moving adjournment motions and calling attention notices.

 Electoral Functions

The elected members of the Vidhan Sabha are members of the Electoral College for the election of the President of India. Thus they have say in the election of the President of the Republic The members of the Vidhan Sabha also elect members of the Rajya Sabha from their respective States. One-third members of the Vidhan Parishad (if it is in existence in the State) are also elected by the members of the Vidhan Sabha.

In all these elections, members of the Vidhan Sabha (Assembly) cost their votes in accordance with single transferable vote system.

Constitutional Functions You have learnt about the procedure of amendment of the Constitution. An Amendment requires special majority of each House of the Parliament and ratification by not less than half of the States relating to Federal subjects. The resolution for the ratification is passed by State Legislatures with simple majority. However, a constitutional amendment cannot be initiated in the State Legislature.

Limitation of The Powers of the State Legislature

The powers of law-making by the Legislature are limited in the following manner:

As explained above, State Legislature can make a law on the subjects listed in the State List and also the Concurrent List. But in case, the State law on a subject in the Concurrent list is in conflict with the Union law, the law made by the Parliament shall prevail.

The Governor of the State may reserve his assent to a bill passed by the State Legislature and send it for the consideration of the President. It is compulsory in case the powers of Structure of Government the High Court are being curtailed. In some other cases, prior approval of the President for introducing the bill in the Legislature is essential such as, for imposition of restriction on the freedom of trade and commerce within the State or with other States.

The Parliament has the complete control on the entire State List at the time when the national emergency has been declared (under Art. 352), although the State Legislature remains in existence and continues to perform its functions. In case of breakdown of constitutional machinery (under Art. 356) after fall of popular Government in the State, the President’s rule is imposed. The Parliament then acquires the power to make laws for that State, for the period of constitutional emergency.

The Parliament can also make laws on a subject of the State list in order to carry on its international responsibility. If the Rajya Sabha adopts a resolution by two-thirds majority to this effect, on its own or at the request of two or more States, the Parliament can enact

laws on a specified subject of the State list.

Fundamental rights also impose limitations on the powers of the State Legislature. It cannot make laws which violate the rights of the people. Any law passed by the State Legislature can be declared void by the High Court or Supreme Court if it is found unconstitutional as violate of the fundamental rights.

Comparison of the two Houses of the State Legislature Legislative Assembly (Vidhan Sabha) like the Lok Sabha, occupies a dominant position.

Legislative Council (Vidhan Parishad) enjoys much less powers as compared to the powers of Vidhan Sabha even in relation to ordinary bills. The Rajya Sabha at the Centre enjoys equal powers in consideration of bills other than money bills; but Vidhan Parishad enjoys much lesser powers as compared to the Rajya Sabha.

The relative position of the Vidhan Sabha and Vidhan Parishad is as under:

 In Relation to Ordinary Bills

In case of the Parliament, if there is disagreement between the two Houses over an ordinary bill, the President summons a joint sitting of both the Houses and if the bill is passed there by the majority of votes, the bill is taken as passed by both Houses of the Parliament. But this provision of the joint sitting does not exist in the States.

Although an ordinary bill can originate in either House of the State Legislature, yet both Houses have unequal powers. If a bill is passed in the Vidhan Sabha, it is transmitted to the Vidhan Parishad for consideration. When it is passed by Vidhan Parishad without any amendment, the bill is sent to the Governor for his assent. In case, the bill is (a) rejected by the Parishad or (b) more than three months elapsed without the bill being passed by the Parishad, or (c) bill is passed with amendment to which the Vidhan Sabha does not agree, the Vidhan Sabha may pass the bill again in the same or in the subsequent session. After that the bill is again sent to the Vidhan Parishad. If the Vidhan Parishad does not return the bill within a period of one month, the bill is deemed to have been passed by both Houses of the State Legislature and is sent to Governor for his assent. Thus the Vidhan Parishad can delay the bill for a maximum period of four months. On the other hand, if the bill is first passed by the Vidhan Parishad and rejected by the Vidhan Sabha, the bill is rejected and cannot become a law.

Structure of Government  In Relation to Money Bills Like in the Lok Sabha, money bill is introduced first in Vidhan Sabha. It cannot be initiated in the Vidhan Parishad. The Speaker of the Vidhan Sabha certifies whether a particular bill is a money bill. After the bill is passed in the Vidhan Sabha, it is sent to the Vidhan Parishad. The Vidhan Parishad gets 14 days time to consider the bill. If the Parishad passes the bill, it is sent to the Governor for his assent. If the bill is not returned by the Vidhan Parishad within 14 days, it is deemed to have been passed by the Vidhan Parishad.

If it suggests certain changes in the bill and sends to Vidhan Sabha, the Vidhan Sabha may accept or reject the changes suggested by the Parishad. The bill is then sent to the Governor for his assent who is bound to give his assent.

Control Over the Executive The Council of Ministers of the State is responsible to the Vidhan Sabha only and remains in the office so long as it enjoys the confidenc of the Assembly (Vidhan Sabha). Although members in the Vidhan Parishad can ask questions, introduce adjournment motions, calling attention notives, etc. yet the Vidhan Parishad cannot remove the government.

 Electoral Functions

Only the elected members of the Vidhan Sabha are entitled to participate in the election of the President of India. The members of the Vidhan Sabha do so in their capacity as the members of the Electoral College. But the members of the Vidhan Parishad are not entitled to vote in the election of the President. Members of the Rajya Sabha from each State are elected only by the members of Assembly and not of the Council.

The above discussion makes it clear that the Vidhan Parishad is powerless and noninfluential House. It has become a secondary House. Thus many States prefer to have unicameral Legislature. But the Vidhan Parishad is not superflous. It serves as a check on

hasty Legislation made by Vidhan Sabha by highlighting the short bills comings or defects of the bill. It lessens the burden of the Vidhan Sabha, as some bill are initiated in the Vidhan Parishad.

What You Have Learnt The State Legislature consists of the Governor, the Legislative Council (Vidhan Parishad) and the Legislative Assembly (Vidhan Sabha). In most of the States there are unicameral Legislatures. These State Legislatures consist of the Governor and the Legislative Assembly.

The Parliament is empowered to set up or abolish the Vidhan Parishad in a State. The Vidhan Parishad is partly indirectly elected and partly nominated. It is permanent House like the Rajya Sabha. It is never dissolved. The tenure of its members is six year. One third members retire after every two years.

The minimum age for the membership of the Vidhan Parishad is 30 years, it is 25 years for Vidhan Sabha. Member of the Vidhan Sabha are directly elected by the people of the State on the basis of universal adult franchise. Its tenure is five years, but the Governor

can dissolve it earlier on the advice of the Chief Minister. In case of constitutional breakdown it may be dissolved by the President. The powers of the State Legislture are law-making, control over the finances, and the executive, electoral functions and constitutional functions.

The Vidhan Sabha occupies a dominant position. The Vidhan Parishad enjoys less powers Structure of Government as compared to the Vidhan Sabha in relation to ordinary bills, money bills, control over the exceutive and powers in regard to the election of the President, etc.

Terminal Exercises

1. Describe the composition of Vidhan Sabha (Legislative Assembly)

2. Describe the powers and functions of the State Legislature.

3. Mention the limitations of the powers of the State Legislature.