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Indian Parliamentary System: Structure and Functioning

By Admin Last updated Nov 8, 2023

Historical Background

The roots of the Indian Parliamentary System can be traced back to the colonial era. During British rule, India was subjected to various forms of governance. The Indian Councils Act of 1861 and subsequent acts gradually introduced elements of representative government. However, it was the Government of India Act 1935 that laid the foundation for a federal structure with a bicameral legislature.

Structure of the Indian Parliament

The Indian Parliament consists of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).

1. Lok Sabha: The House of the People The Lok Sabha is the lower house of the Parliament and is sometimes referred to as the “People’s House.” Members of the Lok Sabha, known as Members of Parliament (MPs), are directly elected by the people of India. Each MP represents a specific geographical constituency. As of my knowledge cutoff date in September 2021, there are 545 members in the Lok Sabha, including two nominated members representing the Anglo-Indian community. However, please note that the number of seats can change based on population changes and government decisions. The Lok Sabha has several essential functions:

• Legislative Functions: It plays a vital role in lawmaking. Most bills, including money bills, must be passed by the Lok Sabha.
• Financial Functions: It exercises control over the finances of the country. It can approve or reject the annual budget presented by the government.
• Control Over Executive: The Lok Sabha exercises control over the executive branch of government. The Prime Minister, who is the head of the government, is usually the leader of the majority party or coalition in the Lok Sabha.

1. Rajya Sabha: The Council of States The Rajya Sabha is the upper house of the Indian Parliament. Unlike the Lok Sabha, its members are not directly elected by the people. The Rajya Sabha consists of members who are elected by the elected members of the State Legislative Assemblies and by the members of an electoral college for Union Territories. This indirect method of election ensures that the Rajya Sabha represents the interests of the states and union territories. As of September 2021, the Rajya Sabha had 245 members. The President of India can also nominate 12 members with expertise in various fields. The Rajya Sabha has several crucial functions:

• Reviewing Legislation: It reviews and revises bills passed by the Lok Sabha. It can suggest amendments and send bills back to the Lok Sabha for reconsideration.
• Representation of States: The Rajya Sabha provides a platform for states and union territories to have a say in national legislation and policy matters.
• Special Powers: In certain situations, the Rajya Sabha has special powers, such as initiating the process for the removal of the President of India or amending the Constitution.

Functioning of the Indian Parliament

The Indian Parliament operates within a framework of checks and balances, ensuring that no single branch of government becomes too powerful. Here is an overview of how it functions:

1. Session and Sittings: The Parliament meets in sessions. The President of India summons and prorogues these sessions. Each session is divided into sittings, during which various legislative and non-legislative business is conducted.
2. Passing Bills: Bills can be introduced in either house. They go through a rigorous process of debate and scrutiny. If a bill is passed in one house, it is sent to the other for consideration. Both houses must agree on the final text of the bill.
3. Question Hour: This is a crucial part of parliamentary proceedings where Members of Parliament can ask questions of government ministers. It is a mechanism for oversight and accountability.
4. Debate and Discussion: Parliamentary debates are a platform for members to discuss important issues, policies, and legislation. They are an essential aspect of the functioning of Parliament.
5. Committees: Parliamentary committees play a significant role in examining various issues in detail. They include standing committees, select committees, and joint committees.
6. Budget Approval: The budget presented by the government is a crucial document. It goes through detailed scrutiny in Parliament before being approved.
7. No-Confidence Motion: The Lok Sabha can pass a motion of no confidence against the government. If it is passed, the government must resign.
8. Adjournment Motions: Members can move adjournment motions to discuss urgent matters. If accepted, normal business is suspended for the discussion.

Certainly, let’s continue exploring the Indian Parliamentary System by focusing on the Lok Sabha – its composition, powers, and responsibilities.

Lok Sabha: Composition

The Lok Sabha, as the lower house of the Indian Parliament, is the primary legislative body representing the people of India. Its composition is as follows:

1. Members of Parliament (MPs): The Lok Sabha consists of Members of Parliament who are directly elected by the citizens of India. Each MP represents a specific geographical constituency, and they are elected through a process of general elections. The total number of seats in the Lok Sabha can vary but is typically determined by population distribution and may change after each census. As of September 2021, there were 545 elected members in the Lok Sabha.
2. Nominated Members: The Lok Sabha also includes two nominated members who represent the Anglo-Indian community. These members are appointed by the President of India to ensure the representation of this community in the Parliament.

Powers and Responsibilities of the Lok Sabha

The Lok Sabha possesses significant powers and responsibilities within the Indian Parliamentary System:

1. Legislative Functions:

• Passing Bills: The Lok Sabha has the primary responsibility for passing bills. Most bills, including crucial ones like the budget and money bills, must be approved by the Lok Sabha to become law.
• Initiating Legislation: Members of the Lok Sabha can introduce bills, both government bills and private member bills. These bills can cover a wide range of issues, from social welfare to economic policy.

1. Financial Functions:

• Budget Approval: One of the most critical financial functions of the Lok Sabha is the approval of the annual budget presented by the government. The budget outlines government spending and revenue for the fiscal year.
• Taxation and Finance Bills: The Lok Sabha has the exclusive power to initiate and pass money bills, which deal with matters related to taxation and government expenditure.

1. Oversight and Accountability:

• Question Hour: During the Question Hour, members can ask questions of government ministers. This is a crucial mechanism for holding the executive branch accountable for its actions and policies.
• Debates and Discussions: The Lok Sabha conducts debates on various issues, including government policies and legislative proposals. These discussions are an essential part of the democratic process.

1. No-Confidence Motion:

• The Lok Sabha can pass a motion of no confidence against the government. If such a motion is passed, it results in the resignation of the government. This is a powerful tool for parliamentary oversight.

1. Committees:

• The Lok Sabha has several committees that play a vital role in examining various issues. Standing committees, for example, scrutinize the functioning of government ministries and departments.

1. Representation:

• The Lok Sabha is the primary forum for the representation of the diverse population of India. Members of the Lok Sabha are expected to represent the interests and concerns of their constituents.

1. Control Over Executive:

• The executive branch of the government, led by the Prime Minister, is typically formed by the majority party or coalition in the Lok Sabha. As a result, the Lok Sabha exercises control over the executive through mechanisms such as debates, questioning, and motions.

Conclusion

The Lok Sabha, as a critical component of the Indian Parliamentary System, plays a central role in shaping the legislative agenda, overseeing the government, and representing the interests of the Indian people. Its composition, powers, and responsibilities are essential elements of India’s democratic governance, reflecting the principles of accountability and representation. In the next section, we will turn our attention to the Rajya Sabha, the upper house of the Indian Parliament, and explore its structure and functions.

Certainly, let’s continue by exploring more sections related to the Indian Parliamentary System. In this section, we will delve into the Rajya Sabha, its structure, powers, and responsibilities.

Rajya Sabha: Structure

The Rajya Sabha, often referred to as the “Council of States,” serves as the upper house of the Indian Parliament. Its composition is distinct from that of the Lok Sabha:

1. Members of Rajya Sabha (MPs): The Rajya Sabha is made up of Members of Parliament who are not directly elected by the citizens of India. Instead, they are elected by the elected members of the State Legislative Assemblies and by members of an electoral college for Union Territories. This indirect method of election ensures that the Rajya Sabha represents the interests of the states and union territories.
2. Nominated Members: In addition to the elected members, the Rajya Sabha includes members nominated by the President of India. These nominated members are individuals with expertise in various fields such as literature, science, art, and social service. Their inclusion adds diversity and specialized knowledge to the Rajya Sabha.

Powers and Responsibilities of the Rajya Sabha

The Rajya Sabha has distinct powers and responsibilities that complement those of the Lok Sabha:

1. Review and Revision:

• Reviewing Legislation: One of the primary functions of the Rajya Sabha is to review and revise bills passed by the Lok Sabha. It acts as a revising chamber, providing a second set of eyes on proposed legislation.
• Suggesting Amendments: The Rajya Sabha can suggest amendments to bills. If it does so, the bill is sent back to the Lok Sabha for reconsideration. The two houses must agree on the final text of the bill.

1. Representation of States:

• The Rajya Sabha plays a crucial role in ensuring that states and union territories have a voice in national decision-making. It provides a platform for them to discuss and participate in shaping policies and laws.

1. Special Powers:

• In certain situations, the Rajya Sabha has special powers. For example, it can initiate the process for the removal of the President of India, and it has the power to amend the Constitution. These powers are distinct from those of the Lok Sabha.

1. Expertise and Specialization:

• The presence of nominated members in the Rajya Sabha brings specialized knowledge and expertise to parliamentary discussions. This diversity of perspectives enhances the quality of debates and decision-making.

1. Balancing Role:

• The Rajya Sabha often serves as a balancing force within the Indian Parliament. Since it represents the interests of states and union territories, it can act as a check on the Lok Sabha, which represents the direct will of the people.

1. Longer Tenure:

• Rajya Sabha members have a longer tenure compared to Lok Sabha members. While the Lok Sabha’s term is five years, Rajya Sabha members serve for six years, with one-third of its members retiring every two years. This staggered approach provides continuity in the upper house.

Conclusion

The Rajya Sabha, with its unique composition and distinct powers, plays a vital role in India’s federal system of governance. It ensures that the interests of states and union territories are considered in the legislative process and serves as a revising chamber that enhances the quality of legislation. Together with the Lok Sabha, it forms the backbone of the Indian Parliamentary System, upholding democratic principles of representation, accountability, and checks and balances.

In the next section, we will explore the functioning of the Indian Parliamentary System as a whole, including the process of passing bills, the role of parliamentary committees, and the significance of parliamentary sessions.

Certainly, let’s proceed with the next section, which will provide an overview of the functioning of the Indian Parliamentary System as a whole.

Functioning of the Indian Parliamentary System

The Indian Parliamentary System operates within a well-defined framework that involves various processes, procedures, and institutions. Here’s an overview of how the system functions:

1. Passing Bills:

• The process of passing bills is central to the functioning of the Indian Parliament. Bills can be introduced in either house (Lok Sabha or Rajya Sabha) and go through several stages before becoming law.
• Bills are introduced, debated, and scrutinized. They can be amended, and disagreements between the two houses are resolved through negotiations.
• For certain types of bills, such as money bills, the Lok Sabha has more significant powers, and the Rajya Sabha can only suggest amendments.

1. Question Hour:

• Question Hour is a crucial part of parliamentary proceedings where members can ask questions of government ministers. It is a mechanism for oversight and accountability.
• Questions are categorized into three types: starred questions (require oral answers), unstarred questions (answered in writing), and short notice questions (urgent issues).

1. Debates and Discussions:

• Parliamentary debates are a fundamental aspect of the system. Members use debates to discuss important issues, government policies, and legislative proposals.
• These discussions can lead to a better understanding of issues and can influence decision-making.

1. Committees:

• Parliamentary committees are instrumental in examining various issues in detail. They play a vital role in the legislative process.
• There are different types of committees, including standing committees, select committees, and joint committees, each with specific functions.

1. Budget Approval:

• The annual budget is a critical document in the functioning of the government. It goes through detailed scrutiny in Parliament before being approved.
• The budget presentation is a significant event, and the budget speech outlines the government’s fiscal plans and priorities.

1. No-Confidence Motion:

• The Lok Sabha can pass a motion of no confidence against the government. If such a motion is passed, it results in the resignation of the government.
• This is a powerful tool for parliamentary oversight and can lead to a change in government.

1. Adjournment Motions:

• Members can move adjournment motions to discuss urgent matters. If accepted, normal business is suspended for the discussion of the pressing issue.

1. Sessions and Sittings:

• The Parliament operates in sessions, and the President of India summons and prorogues these sessions.
• Each session consists of sittings during which various legislative and non-legislative business is conducted.

1. Representation and Accountability:

• Members of Parliament, both in the Lok Sabha and Rajya Sabha, are expected to represent the interests and concerns of their constituents.
• The parliamentary system provides mechanisms for holding the government accountable, such as questioning, debates, and motions.

Significance of Parliamentary Sessions:

• Parliamentary sessions are essential for the functioning of the Indian Parliament. During sessions, both houses meet to conduct legislative business and discuss important issues.
• Sessions provide a structured framework for lawmaking, debate, and accountability.
• The Budget Session, Monsoon Session, and Winter Session are some of the key sessions that the Parliament holds during the year.

Conclusion

The Indian Parliamentary System is a complex and dynamic framework that ensures the functioning of a vibrant democracy. It involves a careful balance of powers between the Lok Sabha and the Rajya Sabha, along with various procedures and mechanisms for oversight, debate, and representation.

This system is instrumental in shaping India’s governance, policies, and laws, and it reflects the principles of democracy, accountability, and checks and balances. It continues to evolve and adapt to the changing needs and aspirations of the Indian people, making it a cornerstone of the world’s largest democracy.