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(Resigned)
2. K.S. Hegde 1977 to 1980
Seventh Balram Jakhar 1980 to 1985
Eighth Balram Jakhar 1985 to 1989
Ninth Rabi Ray 1989 to 1991
Tenth Shivraj Patil 1991 to 1996
Eleventh P.A. Sangma 1996 to 1998
Twelfth G.M.C. Balayogi 1998 to 1999
Thirteenth 1. G.M.C. Balayogi 1999 to 2002 (Died)
2. Manohar Joshi 2002 to 2004
Fourteenth Somnath Chatterjee 2004 to 2009
Fifteenth Ms. Meira Kumar 2009 – 2014
Sixteenth Ms. Sumitra Mahajan 2014 – 2019
Seventeenth Om Birla 2019 - till date
Table 22.9 Articles Related to Parliament at a Glance
Article No. Subject Matter
General
79. Constitution of Parliament
80. Composition of the Council of States
81. Composition of the House of the People
82. Readjustment after each census
83. Duration of Houses of Parliament
84. Qualification for membership of Parliament
85. Sessions of Parliament, prorogation and
dissolution
86. Right of President to address and send
messages to Houses
87. Special address by the President
88. Rights of Ministers and Attorney-General as
respects Houses
Officers of Parliament
89. The Chairman and Deputy Chairman of the
Council of States
90. Vacation and resignation of, and removal from,
the office of Deputy Chairman
91. Power of the Deputy Chairman or other person
92. The Chairman or the Deputy Chairman not to
preside while a resolution for his removal from
office is under consideration
93. The Speaker and Deputy Speaker of the
House of the People
94. Vacation and resignation of, and removal from,
the offices of Speaker and Deputy Speaker
95. Power of the Deputy Speaker or other person
to perform the duties of the office of, or to act
as, Speaker
96. The Speaker or the Deputy Speaker not to
preside while a resolution for his removal from
office is under consideration
97. Salaries and allowances of the Chairman and
Deputy Chairman and the Speaker and Deputy
Speaker
98. Secretariat of Parliament
Conduct of Business
99. Oath or affirmation by members
100. Voting in Houses, power of Houses to act
notwithstanding vacancies and quorum
Disqualifications of Members
101. Vacation of seats
102. Disqualifications for membership
103. Decision on questions as to disqualifications of
members
104. Penalty for sitting and voting before making
oath or affirmation under Article 99 or when not
qualified or when disqualified
Powers, Privileges and Immunities of Parliament and its
Members
105. Powers, privileges, etc., of the Houses of
Parliament and of the members and
committees thereof
106. Salaries and allowances of members
Legislative Procedure
107. Provisions as to introduction and passing of
Bills
108. Joint sitting of both Houses in certain cases
109. Special procedure in respect of Money Bills
110. Definition of “Money Bills”
111. Assent to Bills
Procedures in Financial Matters
112. Annual financial statement
113. Procedure in Parliament with respect to
estimates
114. Appropriation Bills
115. Supplementary, additional or excess grants
116. Votes on account, votes of credit and
exceptional grants
117. Special provisions as to financial Bills
Procedure Generally
118. Rules of procedure
119. Regulation by law of procedure in Parliament
in relation to financial business
120. Language to be used in Parliament
121. Restriction on discussion in Parliament
122. Courts not to inquire into proceedings of
Parliament
Legislative Powers of the President
NOTES AND REFERENCES
1. Westminster is a place in London where the British
Parliament is located. It is often used as a symbol of the
British Parliament.
2. See Table 22.5 at the end of this chapter.
3. An Anglo-Indian is a person whose father or any of
whose other male progenitors in the male line is or was
of European descent but who is domiciled within the
territory of India and is or was born within such territory
of parents habitually resident therein and not merely
established there for temporary purposes.
4. See Table 22.5 at the end of this chapter.
5. This means that the number of Lok Sabha seats
reserved in a state or union territory for such castes and
tribes is to bear the same proportion to the total number
of seats allotted to that state or union territory in the Lok
Sabha as the population of such castes and tribes in the
concerned state or union territory bears to the total
population of state or union territory.
6. Under this, the president has made the Rajya Sabha
(Term of Office of Members) Order, 1952.
7. The term of the fifth Lok Sabha that was to expire on 18
March, 1976, was extended by one year upto 18 March,
1977 by the House of the People (Extension of
Duration) Act, 1976. It was extended for a further period
of one year up to 18 March, 1978 by the House of the
People (Extension of Duration) Amendment Act, 1976.
However, the House was dissolved on 18 January 1977,
after having been in existence for a period of five years,
10 months and six days.
8. A minister in the Union or state government is not
considered as holding the office of profit. Also, the
Parliament can declare that a particular office of profit
will notdisqualify its holder from parliamentary
membership.
9. According to the Prohibition of Simultaneous
9a. Section 3 of the Salaries and Allowances of Officers of
Parliament Act, 1953 (as amended).
9b. Ibid.
9c. Ibid.
9d. Ibid.
9e. Section 5 of the Salaries and Allowances of Officers of
Parliament Act, 1953 (as amended).
9f. Ibid.
10. Kihota Hollohan Vs. Zachilhu (1992).
11. In this context, V.V. Giri observed: “The holder of an
office provided with such extensive authority and power
must discharge the duties of his office impartially. So
impartiality is regarded as an indispensable condition of
the office of the Speaker, who is the guardian of the
powers and privileges of the House and not of the
political party with whose support he might have been
elected to the office. It is not possible for him to maintain
order in the House unless he enjoys the confidence of
the minority parties by safeguarding their rights and
privileges”. (‘Powers of the Presiding Officers in Indian
Legislature’ in Journal of Consitutional and
Parliamentary Studies, New Delhi, Vol II, No. 4, Oct-
Dec. 1968, p. 22)
12. For example, in the 13th Lok Sabha, Mr. Indrajit Gupta
was appointed as Speaker Pro Tem on 20 October 1999
and remained in that office till 22 October 1999 when
the new Speaker, Mr. G.M.C. Balayogi was elected.
13. Under Article 107 (3) of the Constitution, a bill pending
in Parliament shall not lapse by reason of the
prorogation of the Houses.
Under Rule 336 of the Lok Sabha, a motion, resolution
or an amendment, which has been moved and is
pending in the House, shall not lapse by reason only of
the prorogation of the House.
14. Subhash C. Kashyap: Our Parliament, National Book
Trust, 1999 Edition, P. 135–136.
15a. T.K. Viswanathan (Editor), The Indian Parliament, Lok
Sabha Secretariat, Fourteenth Edition, 2011, p.21.
16. Subhash C. Kashyap: Our Parliament, National Book
Trust, 1999 Edition, P. 139–141.
17. Ibid, P. 139.
18. Under Rule 64 of Lok Sabha, the Speaker may, on
request being made to him, order the publication of any
bill in the Gazette, although no motion has been made
for leave to introduce the bill. In that case, it shall not be
necessary to move for leave to introduce the bill and if
the bill is afterwards introduced, it shall not be
necessary to publish it again.
19. For different kinds of veto, see ‘Veto Power of the
President’ under Chapter 17.
20. The Lok Sabha did not agree to the amendments made
by the Rajya Sabha. A joint siting was held on 6 May
1961.
21. The bill was passed by the Lok Sabha but rejected by
the Rajya Sabha. A joint sitting was held on 16 May
1978.
22. The bill was passed by the Lok Sabha but rejected by
the Rajya Sabha. A joint sitting was held on 26 March
2002. The bill was passed when 425 members voted for
it and 296 against.
23. N.N. Mallya: Indian Parliament, P. 39.
24. Kesavananda Bharati V. State of Kerala (1973);
Minerva Mills V. Union of India (1980).
25. In 1977, the sixth Lok Sabha expelled Mrs. Indira
Gandhi from its membership and sentenced her to jail
for a week for committing a contempt of House while
she was Prime Minister. But, the seventh Lok Sabha
rescinded the resolution expelling her by describing it as
politically motivated. In 1990, a former Minister, K.K.
Tiwari, was reprimanded by the Rajya Sabha.
26. Article 121 of the Constitution says that no discussion
shall take place in Parliament with respect to the
motion for presenting an address to the president
praying for the removal of the judge. Under Rules 349 to
350 of the Lok Sabha, use of unparliamentary language
or unparliamentary conduct of a member is prohibited.
27. Kaul and Shakdher: Practice and Procedure of
Parliament, First Edition, P. 157.
28. Thomas Erskine May: Parliamentary Practice, 15th
Edition, P. 109.
29. Subhash C. Kashyap: Our Parliament, National Book
Trust, 1999 Edition, P. 241.
30. Thomas Erskine May: Parliamentary Practice, 16th
Edition, P. 43.
31. The then law minister gave the following reason for
dropping reference to the British House of Commons:
“That the original provision–there was no escape from
it–had referred to the British House of Commons. Now a
proud country like India would like to avoid making any
reference to a foreign institution in its own solemn
constitutional document. Therefore, this verbal change
is being introduced so that there may not be any
reference to a foreign institution.”
23 Parliamentary Committees
MEANING
The Parliament is too unwieldy a body to deliberate effectively the
issues that come up before it. The functions of the Parliament are
varied, complex and voluminous. Moreover, it has neither the
adequate time nor necessary expertise to make a detailed
scrutiny of all legislative measures and other matters. Therefore, it
is assisted by a number of committees in the discharge of its
duties.
The Constitution of India makes a mention of these committees
at different places, but without making any specific provisions
regarding their composition, tenure, functions, etc. All these
matters are dealt by the rules of two Houses. Accordingly, a
parliamentary committee means a committee that:
1. Is appointed or elected by the House or nominated by the
Speaker / Chairman1
2. Works under the direction of the Speaker / Chairman
3. Presents its report to the House or to the Speaker /
Chairman
4. Has a secretariat provided by the Lok Sabha / Rajya Sabha
The consultative committees, which also consist of members of
CLASSIFICATION
Broadly, parliamentary committees are of two kinds–Standing
Committees and Ad Hoc Committees. The former are permanent
(constituted every year or periodically) and work on a continuous
basis, while the latter are temporary and cease to exist on
completion of the task assigned to them.
Standing Committees
On the basis of the nature of functions performed by them,
standing committees can be classified into the following six
categories:
1. Financial Committees
(a) Public Accounts Committee
(b) Estimates Committee
(c) Committee on Public Undertakings
2. Departmental Standing Committees (24)
3. Committees to Inquire
(a) Committee on Petitions
(b) Committee of Privileges
(c) Ethics Committee
4. Committees to Scrutinise and Control
(a) Committee on Government Assurances
(b) Committee on Subordinate Legislation
(c) Committee on Papers Laid on the Table
(d) Committee on Welfare of SCs and STs
(e) Committee on Empowerment of Women
(f) Joint Committee3 on Offices of Profit
5. Committees Relating to the Day-to-Day Business of the
House
(a) Business Advisory Committee
(b) Committee on Private Members’ Bills and Resolutions
(c) Rules Committee
(d) Committee on Absence of Members from Sittings of the
House
6. House-Keeping Committees or Service Committees (i.e.,
Committees concerned with the Provision of Facilities and
Services to Members):
(a) General Purposes Committee
(b) House Committee
(c) Library Committee
(d) Joint Committee on Salaries and Allowances of Members
Ad Hoc Committees
Ad hoc committees can be divided into two categories, that is,
Inquiry Committees and Advisory Committees.
1. Inquiry Committees are constituted from time to time, either
by the two Houses on a motion adopted in that behalf, or by
the Speaker / Chairman, to inquire into and report on
specific subjects. For example:
(a) Committee on the Conduct of Certain Members during
President’s Address
(b) Committee on Draft Five-Year Plan
(c) Railway Convention Committee4
(d) Committee on Members of Parliament Local Area
Development Scheme (MPLADS)
(e) Joint Committee on Bofors Contract