Union Parliament Organization, Procedure regarding Enactment of Legislation, Parliamentary Privileges.

 

Union Parliament Organization, Procedure regarding Enactment of Legislation, Parliamentary Privileges :

Union Parliament Organization

The Union Parliament is the supreme legislative body of India, which consists of the President and the two Houses: the Rajya Sabha (the Council of States) and the Lok Sabha (the House of the People). The Parliament is based on the principle of bicameralism, which means that there are two chambers of equal status and power in the law-making process.

Rajya Sabha

The Rajya Sabha is the upper house of the Parliament, which represents the states and the union territories of India. It has a maximum strength of 250 members, out of which 238 are elected by the state and union territory legislatures and 12 are nominated by the President from among the eminent persons in the fields of art, literature, science, and social service. The Rajya Sabha is a permanent house, which means that it is not subject to dissolution. However, one-third of its members retire every two years and are replaced by fresh elections and nominations. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.

Lok Sabha

The Lok Sabha is the lower house of the Parliament, which represents the people of India. It has a maximum strength of 552 members, out of which 530 are elected from the states, 20 are elected from the union territories, and 2 are nominated by the President from the Anglo-Indian community. The Lok Sabha is a temporary house, which means that it has a term of five years or less, subject to dissolution by the President. The Speaker, who is elected by the members of the Lok Sabha, presides over its meetings.

Procedure regarding Enactment of Legislation

The procedure regarding the enactment of legislation in the Parliament involves the following stages:

Introduction of the Bill

A bill is a draft of a proposed law, which can be introduced in either house of the Parliament, except for a money bill or a financial bill, which can only be introduced in the Lok Sabha. A bill can be introduced by a minister or by a private member (any member other than a minister). A bill introduced by a minister is called a government bill, while a bill introduced by a private member is called a private member's bill. A private member has to give one month's notice before introducing a bill, while a minister does not need any notice. The introduction of a bill requires the permission of the house, which is usually granted without any opposition.

Publication of the Bill

After a bill is introduced in the house, it is published in the official gazette of India, and copies of it are circulated to the members of the house. The publication of the bill marks the first reading of the bill, which is a formal stage without any debate or discussion.

Referral of the Bill to a Committee

After a bill is published, it may be referred to a parliamentary committee for detailed examination and report. The committee may consist of members from both the houses (a joint committee) or from one house only (a select committee or a standing committee). The committee may invite public opinions, expert views, and stakeholder suggestions on the bill. The committee may also make amendments or modifications to the bill. The committee submits its report to the house within a specified time.

Consideration of the Bill

After the committee submits its report, or if the bill is not referred to a committee, the bill is taken up for consideration by the house. This stage marks the second reading of the bill, which involves a general discussion on the principles and provisions of the bill. The members can either support or oppose the bill, or suggest amendments or modifications to it. The amendments can be moved by the minister, the private member, or any other member of the house. The amendments are voted upon by the house, and the ones that are accepted are incorporated into the bill.

Passing of the Bill

After the consideration of the bill is completed, the bill is put to vote by the house. This stage marks the third reading of the bill, which is the final stage of the legislative process in the house. The members can either vote in favor of or against the bill, or abstain from voting. The bill is passed by the house if it receives a simple majority of the members present and voting, except for a constitutional amendment bill, which requires a special majority of two-thirds of the members present and voting, and more than half of the total membership of the house.

Transmission of the Bill to the Other House

After a bill is passed by one house, it is transmitted to the other house for its concurrence. The other house may either pass the bill without any amendments, or pass the bill with amendments, or reject the bill, or not take any action on the bill. If the other house passes the bill without any amendments, the bill is deemed to have been passed by both the houses. If the other house passes the bill with amendments, the bill is sent back to the originating house for its acceptance of the amendments. If the originating house accepts the amendments, the bill is deemed to have been passed by both the houses. If the originating house does not accept the amendments, the bill is referred to a joint sitting of both the houses for resolving the deadlock. If the other house rejects the bill or does not take any action on the bill for six months, the bill is also referred to a joint sitting of both the houses. A joint sitting is presided over by the Speaker of the Lok Sabha, and the bill is passed by a simple majority of the members of both the houses present and voting.

Assent of the President

After a bill is passed by both the houses, either with or without amendments, it is presented to the President for his assent. The President may either give his assent to the bill, or withhold his assent to the bill, or return the bill for reconsideration of the houses. If the President gives his assent to the bill, the bill becomes an act or a law of the land. If the President withholds his assent to the bill, the bill ends and does not become a law. If the President returns the bill for reconsideration of the houses, the bill is again taken up by the houses for discussion and voting. If the bill is passed again by both the houses, with or without amendments, the President is bound to give his assent to the bill. The President can return a bill for reconsideration only once, and only if it is not a money bill or a constitutional amendment bill.

Parliamentary Privileges

Parliamentary privileges are the special rights and immunities enjoyed by the members of the Parliament, individually and collectively, to enable them to perform their functions effectively and without any obstruction or interference. The parliamentary privileges are derived from Article 105 of the Constitution, which provides that:

- The members of the Parliament have freedom of speech and expression in the Parliament, subject to the rules and procedures of the Parliament.

- The members of the Parliament are not liable to any civil or criminal proceedings, arrest, imprisonment, or damages for anything said or done by them in the Parliament or any committee thereof.

- The members of the Parliament have the right to receive, publish, and circulate the reports, papers, and proceedings of the Parliament, subject to the rules and regulations of the Parliament.

- The members of the Parliament have the right to exclude strangers from the proceedings of the Parliament, and to regulate the admission and behavior of the visitors.

- The members of the Parliament have the right to punish any person for contempt of the Parliament, which means any act or omission that obstructs, insults, or lowers the dignity and authority of the Parliament. The punishment may include admonition, reprimand, suspension, expulsion, or imprisonment.

Examples of Parliamentary Privileges

Some examples of the parliamentary privileges are:

- In 1951, the first Lok Sabha expelled H.G. Mudgal, a member of the house, for accepting money from a business firm in return for asking questions in the house.

- In 1957, the Lok Sabha censured Feroze Gandhi, a member of the house, for leaking the budget proposals to a newspaper before they were presented in the house.

- In 1961, the Rajya Sabha suspended Subramanian Swamy, a member of the house, for six days for disrupting the proceedings of the house by shouting slogans.

- In 1988, the Lok Sabha imprisoned M.K. Subba, a journalist, for three months for publishing a defamatory article against the Speaker of the house.

- In 2003, the Rajya Sabha expelled Dr. Chhattrapal Singh Lodha, a member of the house, for accepting bribe from a television channel in a sting operation.