Anti-defection law
Applicable to members of Lok Sabha + Rajya Sabha +MLA+ MLCs and not local bodies.
ADL is applicable in case of party split but not in case of merger of one political party with other.
Decision related to disqualification under ADL is taken by presiding officer of that house.
Disqualification in all other matters except under 10th schedule (disqualification) is decided by President and he is bound to act on the advice of Election commission.
Member disqualified under ADL shall also be disqualified to be appointed as a minister or
hold any remunerative post under Government.
ADL does not apply in case of Rajya sabha/Legislative council voting. So a member is free to vote for the candidate of his liking which may go against directive issued by his party.
Independent member will get disqualified if he happens to join any political party after getting elected.
ADL has no automatic and immediate effect; disqualification can only happen if presiding
officer decide so.
Presiding officer can only act on complain and not suo moto.
There is no time limit as per the law within which the Presiding Officers should decide on
a plea for disqualification.
The courts also can intervene only after the presiding officer has made a decision.
The decision of Chairman / Speaker in this condition is subject to judicial review.
ADL gave for the first time, a clear-cut constitutional recognition to the existence of
political parties.
Indian Parliament
Parliament= LS+RS+President.
Rajya Sabha represent states and UTs of India.
Seats of UTs in RS = Delhi: Puducherry: J&K= 3:1:4
Nomination of anglo Indians in LS and Vidhan sabha has been ended by 126th CAA.
Election from multiple seats:
Both Lok Sabha and Rajya Sabha at one time= RS seat vacated.
If a person has contested elections on two seats and is elected on both, he needs to choose
one. If he fails to do so, both the seats will get vacated.
A person cannot be MLA and MP at the same time. If it happens that a person is both an MLA
and MP, his MP seat will vacate.
Qualification for contesting Parliamentary election:
Reservation of seats for scheduled castes and scheduled tribes in the Lok Sabha on the basis of
population ratios i.e. no fixed reservation.
Member of scheduled castes and scheduled tribes can also contest from non-reserved seat.
Reserved seat is not akin to Separate electorate. Example separate electorate for women= only
women voters can vote for women candidate.
There is no reservation for Women in parliamentary elections but they enjoy reservation of not less than 33% in local bodies election.
Candidate name should be in electoral list from any constituency.
Domicile of same state is not needed to contest election form parliamentary seat of that state.
This applies to both Lok Sabha and Rajya Sabha seats.
For MLA and MLC, candidate’s name should be in electoral list of the same state.
A person can’t vote if he is in jail convicted prisoner/under trial/lawful custody of police.
A person can vote (through postal ballot) if he is arrested under preventive detention law.
Those who are under trial or serving jail sentence of less than two years can contest election but not vote.
Those serving jail sentence of two or more than two years are not allowed to contest election.
A defeated candidate who fails to secure more than one sixth of the valid votes polled in the
constituency will lose his security deposit.
All electoral disputes related to MP+MLA+MLC ide decided by HC subjected to appeal in SC.
Electoral disputes related to election of President and VP is decided by SC and not HC.
Parliamentary proceedings:
Zero Hour
Zero Hour’ is not mentioned in the Rules of Procedure or Constitution. Thus, it is an informal
device available to MPs.
Under this, MPs can raise matters without any prior notice.
Speaker, Lok Sabha / Chairman, Rajya Sabha may allow or decline a Member to raise a matter
of importance.
For the Rajya Sabha, the day starts with the Zero Hour and not the Question Hour as it is for
the Lok Sabha.
Parliamentary privileges:
Parliamentary privileges do not extend to the president, These include the attorney general of
India + Union ministers + all members of Parliament.
House can impose a punishment of imprisonment for contempt or breach of privilege. It further held that the duration of such imprisonment cannot extend the duration of the session of the House.
Privileges to Parliamentarians are not mentioned in Constitution but rule books of Parliament.
Parliamentary committees
Public Accounts Committee:
22 Member (15 LS, 7 RS).
Criteria: Through Proportional representation.
Thus, all parties get due representation in it.
The term of office of the members is one year.
A minister cannot be elected as a member of the committee.
The chairman of the committee is appointed from amongst its members by the Speaker (Not
Chairman).
convention has developed whereby the chairman of the committee is selected invariably from the Opposition.
Limitation:
Its work is post facto. I.e. When expenditure is already incurred.
Thus, its work have only post mortem utility only.
It cannot intervene in the matters of day-to-day administration.
advisory and not binding.
not vested with the power of disallowance of expenditures by the departments.
It is not an executive body and hence, cannot issue an order. Only the Parliament can take a
final decision on its findings.
Sometimes, party politics may mar effective functioning.
Estimates Committee:
Members: 30. (Larger than PAC)
Comprise of only Lok Sabha members
all parties get due representation in it.
The term of office is one year.
A minister cannot be elected as a member of the committee. The chairman of the committee is
appointed by the Speaker from amongst its members and he is invariably from the ruling party.
(PAC: opposition party chairman)
Estimates Committee Vs PAC:
EC is bigger than PAC.
EC draws member only from LS.
Chairman of EC is from Ruling party.
EC does not have assistance of expert body like CAG.
Committee on Public Undertakings
This committee was created in 1964 on the recommendation of the Krishna Menon Committee.
Members: 22 (15 from the Lok Sabha and 7 from the Rajya Sabha).
Tenure: 1 Year.
A minister cannot be elected as a member of the committee.
The chairman of the committee is appointed by the Speaker from amongst its members who
are drawn from the Lok Sabha only.
Thus, the members of the committee who are from the Rajya Sabha cannot be appointed as the
chairman.
Departmental standing committees
31 members.
The members of the Lok Sabha are nominated by the Speaker from amongst its own members.
Members of the Rajya Sabha are nominated by the Chairman from amongst its members.
Speaker:
Office of Speaker is not coterminous with LS.
No automatic vacancy and continues till the newly-elected Lok Sabha meets.
The quorum to constitute a meeting of the House is one-tenth of the total strength of the
House.
Only a member of LS can become Speaker.
He is elected by absolute majority in Lok sabha.
Removal:
He can be removed by absolute majority in Lok sabha and does not need approval of Rajya
sabha.
He resigns by writing to the Deputy Speaker not President.
During resolution for the removal of the Speaker is under consideration of the House, he cannot
preside at the sitting of the House.
He can vote in removal proceedings in first instance only and not casting vote.
Powers of Speaker:
The Speaker is the head of the Lok Sabha.
Guardian of powers and privileges of the LS
Final interpreter of the provisions of the Constitution of India within house.
He adjourns the House or suspends the meeting in absence of a quorum.
He decides the questions of disqualification of a member of the Lok Sabha in case of ADL, his
decision is open to judicial review.
He does not vote in the first instance. But he can exercise a casting vote in the case of a tie.
Such vote is called casting vote, and its purpose is to resolve a deadlock.
He presides over a joint setting of the two Houses of Parliament.
Joint sitting is summoned by President.
He decides whether a bill is a money bill or not and his decision on this question is final.
Salary is charged on Consolidated Fund of India.
His powers of regulating procedure not open to Court scrutiny.
Higher rank than all cabinet ministers.
Speaker does not resign from the membership of his party on his election. (unlike British Speaker)
Deputy Speaker:
Deputy Speaker performs the duties of the Speaker’s office when it is vacant.
Deputy Speaker is also elected by the Lok Sabha itself from amongst its members.
He is removed by a resolution passed by a majority of all the members of the Lok Sabha.
He also presides over the joint sitting of both the Houses of Parliament, in case the Speaker is
absent from such a sitting.
Deputy Speaker has one special privilege, that is, whenever he is appointed as a member of a
parliamentary committee, he automatically becomes its chairman.
Since the 11th Lok Sabha, there has been a consensus that the Speaker comes from the ruling party (or ruling alliance) and the post of Deputy Speaker goes to the main opposition party. (it is not legal obligation)
Speaker and the Deputy Speaker, while assuming their offices, do not make and subscribe any separate oath or affirmation.
Institutions of Speaker and Deputy Speaker originated under the provisions of the Government of India Act of 1919 .
Panel of Chairpersons of Lok Sabha: Speaker nominates from amongst the members a panel of
not more than ten chairpersons. Any of them can preside over the House in the absence of the
Speaker or the Deputy Speaker.
Speaker Pro Tem
Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the
newly-elected Lok Sabha.
Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro Tem.
Usually, the senior most member is selected for this. (it is parliamentary convention not
constitutional obligation)
The President himself administers oath to the Speaker Pro Tem.
Function:
administer oath to the new members.
He also enables the House to elect the new Speaker.
Once new speaker is elected, office of Pro tem speaker cease to exist.
Legislative council
LC does not participate in President election process.
Members of LC do not vote for Rajya Sabha election.
LC approval not required in Constitutional amendment Process.
Ministers including CM can be from LC.
Any bill originating in LC but not passed by LA becomes dead.
Ordinance of governor has to be approved by LA and LC both.
LC can’t vote of demand for grants.
Maximum strength of LC is fixed to 1/3rd of state assembly but minimum is 40.
The Constitution has fixed the maximum and the minimum limits, the actual strength of a
Council is fixed by Parliament.
Creation or abolition of LC is not CAA under 368 but ordinary amendment.
It is not mandatory for all states to have second chamber.
1/6th of its members are nominated by Governor.
Grounds of governor’s nomination in any case cannot be challenged in the courts.
Governor decide on the matter of disqualification of members of state assembly (LA+LC) on the basis of advice of ECI and advice of ECI is binding over governor.
Under anti defection law, chairman of the house decide for disqualification of MLA and MLCs.
Initially it was out of judicial review but after kihoto Holohan case decision of the chairman can be challenged in HC/SC.
LA have overriding powers WRT LC in passing of bills.
At the most, the council can detain or delay the bill for a period of four months—three months
in the first instance and one month in the second instance.
When a bill, which has originated in the council and was sent to the assembly, is rejected by
the assembly, the bill ends and becomes dead.
No confidence motion can’t be introduced in LC.
The council can be abolished by the Parliament on the recommendation of the assembly.
LC powers are reflection of house of lords (upper house) of Britain.
Rajya Sabha vs Senate
Rajya Sabha
members of the Rajya Sabha are indirectly
elected. They are elected by the legislatures of
the state governments. They do not have direct
representation of the people.
Rajya Sabha members where each state’s
representation depends upon population. More
populated states get a louder voice and hence
rule of the majority is very common.
Ex UP have 30 members but Nagaland have just
one.
Making India as unequal/asymmetric federalism
The Rajya Sabha in comparison has no control
over the Budget, except for a “delaying” power.
It has 250 members from different states.
US Senate
The Senators are in fact directly elected by the
citizens of the states. Hence, they have direct
support and approval of the people.
The Senate gives equal representation to all
states irrespective of size or population. This
means that both small states and large states get
two members.
US an Equal/symmetric federalism.
Senate has almost complete control over the
Budget.
US have 50 states and thus 100 senate members.
Rajya Sabha Vs. House of Lords
Rajya Sabha
Elected body. (indirect election)
Accommodate federal principles.
PM can be from RS
Have almost equal power to LS except money bill.
House of Lords (UK)
Fully Nominated body by Crown on advice of PM.
Accommodate royal and church representatives
in Parliament.
PM can only be from lower house (house of
commons)
It is purely recommendatory body and its
advices are not binding on house of the
commons.