Powers of lok sabha - class-XII

In case of Ordinary Bill, the powers of Lok Sabha are equal. If there is disagreement between both the houses on the passage of the bill, the President may call for a joint sitting which is presided over by the Speaker of Lok Sabha. Article 108 of Constitution deals with the provision of the joint sitting.

If the house feels that the government does not enjoy majority, then they can move a 'no-confidence' motion. It can be introduced only in the Lok Sabha. The motion is admitted for discussion when a minimum of 50 members of the house supports the motion. If the motion is passed, the Government is bound to vacate the office.

Article 75 of the Constitution says that the council of ministers shall be collectively responsible to the Lok Sabha. This implies that the Lok Sabha can remove the ministry from office by passing a vote of no confidence.

The electoral college for Presidential election consists of the elected members of both houses of Parliament, the elected members of the State Legislative Assemblies of all States and the elected members of the legislative assemblies of two Union Territories(Puducherry and Delhi). and for Vice Presidential election consists of all the elected members of both houses of the Parliament. Hen we can say that the Lok Sabha has a greater say in the election of the President and the Vice-President because of the strength of its numbers.

Lok Sabha is better placed with regard to control over the executive. Lok Sabha exercises control over the executive more effectively than Rajya Sabha because it is a directly elected body. Lok Sabha has the power to make laws, ask questions and amend the Constitution. Lok Sabha can remove the government by expressing no-confidence but Rajya Sabha cannot remove any government.

Option C is the correct answer. Committee on Private Members Bill and Resolutions and Estimates Committee exist only in the Lok Sabha.
Committee on Private Members’ Bills and Resolutions exists only in Lok Sabha and consists of 15 members. The Deputy Speaker is its Chairman when nominated as a member of the Committee.
The Estimates Committee is the largest committee of Parliament of India. The Estimates Committee has 30 members and all these members are from Lok Sabha.

D is not correctly matched as Finance Minister does not chair Business Advisory Committee of either Rajya Sabha or Lok Sabha. The Lok Sabha Business Advisory Committee has 15 members including Speaker, who is also its chairman. The Rajya Sabha Business Advisory Committee has 11 members including the Vice-President as its ex-officio chairman.

Option A is the correct answer as it carries false statement. A person cannot become the member of both Lok Sabha and Rajya Sabha at one time. If a person is elected from both the houses, he need to intimate within 10 days to the house of which he desires to serve. However, if he fails to make such intimation, his Rajya Sabha membership will end.

A Money Bill passed by the Lok Sabha has to be passed/returned by Rajya Sabha within 14 days. Money Bills exclusively contain provisions for imposition and abolition of taxes, appropriation of money out of the Consolidated Fund, etc. Money Bills can be introduced only in Lok Sabha on the approval of the President.

Option C is the correct answer. Rajya Sabha is less powerful than Lok Sabha in terms of its financial powers because it does not participate in the passing of money bill and No Money Bill can be introduced in Rajya Sabha.

Option D is the correct answer. If a Money Bill passed by the Lok Sabha is not returned by the Rajya Sabha within fourteen days, then the Bill will be sent to the President for his signature and consent. Money Bills can be introduced only in the Lok Sabha on the approval of the President according to Articles 109, 110 and 117.

Impeachment is a process by which the president
is brought down from his position as president. A president can be impeached,
if he violates constitution. The impeachment is to be initiated by either House
of Parliament.The charges are to be framed in the form of resolution, signed at
least by 1/4 th members of the total members of the House. 

The ordinary bills have to be passed from both the houses before they can be presented before the President. In case of a difference of opinion between Lok Sabha and Rajya Sabha over an ordinary bill, a joint meeting of both the houses is called for a discussion and the Prime Minister plays a very important role in this session.

A Money Bill can be introduced in Lok Sabha only. If any question arises whether a Bill is a Money Bill or not, the decision of Speaker thereon is final. The Speaker is under no obligation to consult any one in coming to a decision or in giving his certificate that a Bill is a Money Bill. The certificate of the Speaker to the effect that a Bill is a Money Bill, is to be endorsed and signed by him when it is transmitted to Rajya Sabha and also when it is presented to the President for his assent.

The Constitution of India provides for joint sittings of both the Houses to break in the case of a deadlock between the two houses of parliament. The joint sitting of the Parliament is called by the President and is presided over by the Speaker or, in his absence, by the Deputy Speaker of the Lok Sabha or in his absence, the Deputy-Chairman of the Rajya Sabha. If any of the above officers are not present than any other member of the Parliament can preside by consensus of both the House.

Maximum strength of the Lower House or Lok Sabha is 552 members - 530 members to represent the States, 20 members to represent the Union Territories, and 2 members to be nominated by the President from the Anglo-Indian Community. At present, the strength of the House is 545. Hence, Option A is correct. The rest of the numbers are not the stipulated strengths, hence, incorrect. 

While a National Emergency is in action, the Parliament may by law extend the normal term of the Lok Sabha for a period of a single year at a time, and it can renew it any number of times as thinks fit. But it cannot extend to beyond a period of 6 months after the Emergency has ceased to operate. Hence, Option A is correct. The rest of the conditions cannot extend the term of Lok Sabha, hence, incorrect. 

While the National Emergency is in action, Parliament may by law extend the normal term of Lok Sabha for a period of 1 year at a time and can renew it any number of times as thinks fir but can't extend it beyond a period of 6months after the emergency has ceased to operate. In case if the Lok Sabha is dissolved, it is the Rajya Sabha which shoulders all the responsibilities of the Union Legislature. Union Legislature that is the Parliament consist of two Houses i.e., Lok Sabha and Rajya Sabha. Thus both the houses are empowered to legislate the law. Therefore at the time of the dissolution of Lok Sabha it the Rajya Sabha which has the responsibility of legislation.

The Houses of Parliament can remove the President of India, Chief Justice of India and Judge of the Supreme Court or High Courts by impeachment.

The President and the Vice-President are not elected directly by the people, but by the members of the electoral college. The manner of election is the same in both cases. It is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot. Thus, it is true that every elected member of the Parliament stands on equal footing in the election of the President or the Vice-President.

In case of Ordinary Bill, the powers of Lok Sabha are equal. If there is disagreement between both the houses on the passage of the bill, the President may call for a joint sitting. But Lok Sabha has a stronger position in the joint sitting for passage of the ordinary bill because its total membership is larger than the Rajya Sabha.

Certain parts of the constitution can be amended by a special majority consent of the members of Parliament. Special Majority means two third members should accept. For example, if out of the 245 members in Rajya Sabha, if only 150 are present and voting, then the special majority required would be 101. This type of majority is used for most of the Constitutional amendment bills.

Simple majority or working majority refers to a majority of more than 50% of the members present and voting. Most of the normal motions and bills in the house such as No-confidence Motion, Motion of Confidence, Motion of Thanks, Censure Motion, Adjournment Motion, Money Bills, Ordinary Bills etc. are passed via the simple majority process.

The Rajya Sabha has limited powers regarding the Money Bill. It cannot reject or amend the money bill after it is passed by the Lok Sabha and transmitted to the Rajya Sabha. It has to return the bill within 14 days with or without recommendations. It is on the discretion of Lok Sabha to accept or reject any or all of the recommendations made by the Rajya Sabha.

The Speaker of the Lok Sabha (House of People) is appointed by the members of Lok Sabha amongst themselves. The speaker is appointed generally in the first meeting of Lok Sabha. If single name is proposed by members then speaker is appointed without formal vote but if more than one name is proposed the person getting majority is appointed.

Financial Bills are those bills which deal with fiscal matters. Thus, Money bills are financial bills but all financial bills are not necessarily money bills. Financial bills like money bills can only be introduced in the lok sabha only on the recommendation of the president but it can either be rejected or amended by the Rajya Sabha and must be passed by both the  Houses. In case of disagreement between both the houses the President can summon the joint sitting of both the Houses to resolve the deadlock.

A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the President. The Rajya Sabha has limited powers with regard to money bill. It cannot reject or amend a money bill but can provide recommendations. 

A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the President. The Rajya Sabha has limited powers with regard to money bill. It cannot reject or amend a money bill but can provide recommendations.

The quorum to constitute a meeting of the House is one tenth of the total strength of the House. It means that 55 members of the Lok sabha and 25 members of the Rajya Sabha including the presiding officer of each house must be present for the meeting to take place.

The Constitution lays down certain disqualification under which a person cannot be elected as a member of Parliament.

Prorogation means the termination of a session of the House by an order made by the President under article 85(2)(a) of the Constitution. Prorogation terminates both the sitting and session of the House.

The Constitution provides for a special procedure for the passing of money bills in the Parliament. A money bill can only be passed in the Lok Sabha and that too on the recommendation of the President. Every such bill is regarded as the government bill and essentially to be introduced by the minister. The Rajya Sabha has restricted power regarding the money bill. It cannot reject or amend the money bills bu can only make recommendations and that are also non binding upon lok Sabha.

The Speaker is the presiding officer of the Lok Sabha. When a resolution for the removal of the Speaker in under consideration of the House, he cannot preside at the sittings of the House, though he may be present. He can speak and take part in proceedings of the House at such a time and vote in the first instance, though not in the case of equality of votes.

The Constitution lays down special procedure for the money bill. A money bill is exclusively defined under the Constitution. Financial bills are those bills that deal with the fiscal matters i.e., revenue or expenditure. A money bill is a financial bill but all financial bills are not necessarily money bills. A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the President. The Rajya Sabha has restricted power regarding the money bill. It cannot reject or amend the money bill but can only make recommendations however with regard to financial bill other than a money bill Rajya sabha can reject,amend or detain any bill. Like that of an ordinary bill.

Joint sitting is an extra ordinary mechanism provided by the Constitution for resolving the deadlock between both the Houses over the passing of the bill. The President summons joint sitting which is presided over by the Speaker of the Lok Sabha. Basically a deadlock is seem to have occurred in following three situations after a bill has been passed by one House and transmitted to the other House:

Every bill (ordinary) after bring passed by both Houses of the Parliament is presented to the president for his assent. The President may either give his assent or he may withhold the assent to the bill. The president can also return the bill for reconsideration of the Houses, However, if it is passed by both the Houses again with or without amendments and presented to the President for his assent, he has to give assent to the bill.

The President is elected not directly by the people but by members of electoral college consisting of :-

A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the President. After a money bill is passed by the lok sabha, it is sent to the Rajya sabha. The Rajya Sabha cannot reject or amend the bill but can only make recommendations within 14 days of the transmission from the Lok Sabha.'

Money bill is a bill if it 'only' contains provisions related to to taxation, borrowing of money by the Central Government, expenses from or receipt to the Consolidated Fund of India. Bills that only contain provisions that are incidental to these matters would also be regarded as money bill. A bill may be introduced din either House of Parliament. However, a  money bill can only be introduced in the Lok Sabha which is House of the People and not in the Rajya Sabha ( the Upper house of Parliament). If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker shall be final.

Every member of either House of the Parliament, before taking his seat in the House, has to make and subscribe to an oath or affirmation before the President or some person appointed by him for this purpose. The form for the oath is set out in Third Schedule.

The Lower House can declare the seat of a member vacant if he is absent from all its meetings for a period of Sixty days without its permission. In Computing the period of sixty days, no account shall be taken of any period during which the House is prorogued or adjourned for more than four consecutive days.

Any bill except Money Bill and Financial Bill can be originated in either House of the Parliament and shall be deemed to be passed if it is approved by both the Houses of the Parliament.

The Lok Sabha usually dissolves after the Completion of its term. But the President is empowered to dissolve the Lok Sabha on the advise of the Prime Minister or on the condition of resignation of the Prime Minister. When Prime Minister offers his resignation then all the ministers lose their confidence in the parliament and hence it is dissolved by the President. Once Lok Sabha is diddolved before the completion of its normal tenure, the dissolution is irrevocable.

A bill becomes an Act only when it is given assent by the President. After bill is passed by both the Houses of the Parliament it is presented to the President for his assent. He may either give his assent or withhold his assent. The President can return the bill if it is not money bill for the reconsideration of the Parliament. However, if the bill is passed again by the Parliament, with or without amendments, the president has to give assent to the bill.

After a Bill has been passed by both Houses, it is presented to the President for his assent. The President can assent or withhold his assent to a Bill or he can return a Bill, other than a Money Bill, for reconsideration. If the Bill is again passed by the Houses, with or without amendment made by the President, he shall not withhold assent therefrom. But, when a Bill amending the Constitution passed by each House with the requisite majority is presented to the President, he shall give his assent thereto. A Bill becomes an Act of Parliament after being passed by both the Houses of Parliament and assented to by the President.