Lok Sabha & Rajya Sabha (India)

Functions of Lok Sabha

1. Legislative:

Lawmaking is the main function of the Parliament and in this field the Lok Sabha plays an important role. All types of bills can originate in the Lok Sabha and if a bill is moved in and passed by the Rajya Sabha, it has to come to the Lok Sabha for its approval.

If there is any disagreement between the two Houses, the Lok Sabha will prevail in the joint sitting with the Rajya Sabha because it has more members than the other House of the Parliament.

2. Financial:

Control over purse makes one powerful. In financial matters, the Lok Sabha has a distinct superiority over the Rajya Sabha. The Money Bill can be introduced only in the Lok Sabha. It cannot be moved in the Rajya Sabha.

Further, there is no question of joint sitting if the Rajya Sabha disagrees with the Lok Sabha on a Money Bill. It is up to the Lok Sabha to accept or reject the suggestions for change in the Money Bill made by the other House.

3. Control over Executive:

The Council of Ministers is collectively responsible to the Lower House of the Parliament. Thus, the government is accountable to the Lok Sabha for its acts of omission and commission. The Rajya Sabha cannot hold the government accountable to it. It is only the Lok Sabha which can force the Council of Ministers to resign by passing a vote of nonconfidence against it.

There are also other methods by which the Lok Sabha can exercise control over the central executive. These methods are putting questions, moving adjournment motions and call-attention motions, budget discussions, cut-motions and debates etc.

By employing any of these methods the Lok Sabha can expose the misdeeds and inefficiency of the government and warn it against repeating such mistakes.

4. Constitutional:

The Lok Sabha shares with the Rajya Sabha the power to amend the constitution.

5. Electoral:

(a) The Lok Sabha takes part in the election of the President and the Vice-President. (b) It elects the Speaker and the Deputy Speaker. (c) Its members are elected to different Committees of the Parliament.

6. Judicial:

(a) The Lok Sabha has power to punish a person on the ground of breach of privilege; (b) It takes part in the impeachment proceedings against the President of India, (c) It shares power with the Rajya Sabha to remove the Judges of the Supreme Court and the Judges of High Courts.

7. Ventilation of Grievances:

The members of the Lok Sabha are elected from different parts of India. They try to remove the difficulties of their respective constituencies by stating their grievances on the floor of the Lok Sabha.

8. Imparting Education on Democracy:

The Lok Sabha discussions would help in raising the political consciousness of people. As the discussions in the Lok Sabha on no-confidence motions and confidence motions are directly telecast, the people are able to learn of different aspects of Indian politics.

9. Other Functions:

The Lok Sabha discusses reports submitted by the U Public Service Commission (UPSC), Comptroller and Auditor-General of India, Finance Commission etc.

COMPOSITION OF THE HOUSE OF THE PEOPLE.

The House of the People has a varied composition and the Constitution prescribes a maximum number as follows:

1.     Not more than 530 representatives of the States

2.     Not more than 20 representatives of Union Territories

3.     Not more than 2 members of the Anglo-Indian community, nominated by the President, if he is of the opinion that the Anglo Indian community has not been adequately represented in the House of the People.

                                i.            The representatives of the States shall be directly elected by the people of the state on the basis of adult suffrage. Each citizen who is not less than 18 years of age and is not otherwise disqualified, e.g. by reason of non-residence, unsoundness of mind, crime or corrupt illegal practice, shall be entitled to vote at such election.

                              ii.            There shall be no reservation of seats for any minority community other than the Scheduled Castes and Tribes.

                              ii.            The members of the Union Territories are to be chosen in such manner as Parliament may by law provide.

                            iii.            Two members may be nominated from the Anglo-Indian community the President to the House of People if he is of the opinion that the Anglo Indian community has not been adequately represented in the House of the People.

The election to the House of People being direct, requires that the territory of India should be divided into suitable territorial constituencies, for the purpose of holding such election.

1.     There shall be allotted in each State a number of seats in the House of the People in the manner that the ratio between that number and the and the ratio between that number and the population of the state is, so far as practicable, the same throughout the state.

2.     Each state shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it, so far as practicable, the same throughout the state.

RAJYA SABHA

It is the Upper House of the Parliament. It consists of representatives of the states. The maximum strength of the Rajya Sabha is 250. Of these 238 represent the States and Union territories and the rest 12 are nominated by the President from amongst persons who have distinguished themselves in the field of literature, art, science, social service, etc. Representatives of the states are elected by members of State Legislative Assemblies on the basis of proportional representation through a single transferable vote. The Rajya Sabha represents the federal character of the Constitution in the Parliament. The membership of a State is based on the population of that state.

The members of the Rajya Sabha are elected according to the principle of proportional representation with a single transferable vote.

The number of members that a state or a Union Territory can send to the Rajya Sabha is determined roughly on the basis of its population. For the first five million of people, one seat is allotted for one million. But, for the people above 5 million, one seat is allotted for every two million.

As a result, the larger states send more members to the Rajya Sabha than the smaller ones. While Uttar Pradesh has 27 members in Rajya Sabha, Orissa has 10 and Nagaland, only one in that body.

Term: The Rajya Sabha is a permanent body, and not subject to dissolution. One third of its members retire every 2- year. The members are elected by the elected members of the State Legislative Assemblies for a six year term.. There are no seats reserved for Scheduled Castes & Tribes in the Rajya Sabha.

Qualifications for membership

In order to be qualified to become a member of the Rajya Sabha, a person must be:

(1) be a citizen of India; 
(2) not be less than 30 years of age; and 
(3) have registered as a voter in any parliamentary constituency.

Chairman and Deputy Chairman of Rajya Sabha

The Vice –President of India is ex-officio chairman of the Rajya Sabha . He presides over the proceedings of the Rajya Sabha. In his absence the Deputy Chairman of the Rajya Sabha presides over. The Deputy Chairman is elected by the members of the Rajya Sabha amongst themselves.

The Rajya Sabha performs several functions and these are largely as important as functions of the Lok Sabha. However, in financial matters, the Rajya Sabha plays a distinctly secondary role.

Functions of Rajya Sabha

(i) Legislative Powers:

All non-Money Bills can be introduced in either House of the Parliament and such a bill, to be an Act, must be passed by both Houses of the Parliament. Thus any non-Money Bill can originate in the Rajya Sabha, and if a non-Money Bill been initiated and approved by the Lok Sabha, it has to be approved by the Rajya Sa before it becomes an Act. Similarly, a non-Money Bill, originating in and approved by Rajya Sabha, has to be passed by the Lok Sabha before it becomes a law.

In case of disagreement between the two Houses on any non-Money Bill, the President can convene a joint sitting of both Houses to determine its fate. A non-Money Bill, passed by the Lok Sabha, can be delayed by the Rajya Sabha for a maximum period of six months. If the Rajya Sabha fails to take any action on the bill within 6 months from the date of receipt of the bill, a joint sitting of the two Houses will be convened.

In joint sittings, decisions will be taken by simple majority. As the strength of the Sabha is much larger than that of the Rajya Sabha, the views of the former will prevail over those of the latter in joint meetings of both Houses. Thus, even in case of non-Mon Bills the Rajya Sabha plays a subordinate role as compared to the Lok Sabha.

As said above, the Rajya Sabha can delay a non-Money Bill, already passed by Lok Sabha, for a period of six months. This power to delay may enable the members Rajya Sabha to properly review and revise the bill which might have been passed hastily by the other House. This is a check on hasty and ill-considered legislation.

(ii) Financial Powers:

A Money Bill cannot be introduced in the Rajya Sabha. It is the prerogative of the Lok Sabha to initiate it. After its approval by the Lok Sabha, it sent to the Rajya Sabha for its 'recommendation'. The Upper House cannot change it in form, though it may suggest some changes which may or may not be accepted by the Lok Sabha.

The Rajya Sabha has power to delay a Money Bill, but not for more than fourteen days. It may be remembered that in case of non-Money Bills the Rajya Sabha has power to delay them for six months. There is provision for joint sitting if there is disagreement between the two Houses over any non-money bill. But there is no such provision for joint sitting in case of disagreement between them over a Money Bill.

Whether a bill is a Money Bill or not will be decided by the Speaker of the Low House. The Upper House has no power to decide it.

(iii) Control over Executive:

Though the Rajya Sabha is not an equal of the Lok Sabha in controlling the Executive, its powers, in this respect, are not insignificant. True the Council of Ministers is responsible only to the Lok Sabha, but the Ministers are not totally free from control by the Rajya Sabha. Through questioning, the members of Rajya Sabha can elicit information about Ministers. They can criticize the latter, their Departments and policies. And it has to be kept in mind that criticisms by the Elders (members of the Rajya Sabha) are taken seriously by Ministers.

Moreover, the Rajya Sabha has power of investigation on any governmental affair. The Rajya Sabha has no power to pass a vote of non confidence against the Council of Ministers, while the Lok Sabha has this power. But in several ways, the Upper House can have control over the Central Executive, though such control is limited and mostly indirect.

(iv) Judicial Power:

In the impeachment of the President of India, the Rajya Sabha has coequal powers with the Lok Sabha. This power of impeachment is shared by both Houses. The Rajya Sabha can draw up charges against the President. In that case, the Lok Sabha shall sit as the Court of Investigation. If the Lok Sabha draws up charges, it is the Rajya Sabha which will sit as the Court of Investigation.

The power to remove the Vice-President of India is shared by the Upper House and the Lower House. The motion for his removal is to be passed in the Upper House by the majority of its members and then it is to be approved by the Lower House. Similarly, the two Houses share power to remove the judges of the Supreme Court and High Courts. The Upper House has power to punish persons committing the breach of privilege.

(v) Constituent Power:

The constituent powers of the Rajya Sabha are mainly two in number. First, it shares the power with the Lok Sabha to amend the Constitution. Secondly, with two-third majority vote of the members present and voting, the Rajya Sabha can empower the Parliament to make law on any matter contained in the State List on the ground of national importance.

(vi) Electoral Power:

The Rajya Sabha takes part in the election of the President as well as of the Vice-President of India. The Vice-Chairman of the Rajya Sabha is also elected by its members.

(vii) Special Powers:

(1) According to Article 249, the Parliament will be able to make law in relation to a subject in the State List if the Rajya Sabha, with the support of at least two-thirds of its members present and voting, adopts a proposal to the effect that the Parliament, in national interest, should make law in relation to that subject in the State List. (2) If the Central Government wants to create or abolish any all-India service like Indian Administrative Service, Indian Police Service and Indian Forest Service etc., it has to obtain the approval of the Rajya Sabha. (3) The resolution for removal of the Vice- President of India has to be first moved in the Rajya Sabha.