Indian Constitution and Parliament

The Constitution of India: A Foundation

The Constitution of India is the supreme law of the land. It lays down the fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and defines fundamental rights, directive principles, and the duties of citizens. Adopted by the Constituent Assembly on November 26, 1949, it came into effect on January 26, 1950, marking India's transition to a republic.

The Constituent Assembly, formed under the Cabinet Mission Plan of 1946, had 389 members. Dr. Sachchidananda Sinha was its first temporary chairman, and later Dr. Rajendra Prasad was elected as the permanent Chairman. The Constitution was drafted by a Drafting Committee, chaired by Dr. B.R. Ambedkar, who is widely regarded as the architect of the Indian Constitution.

The original Constitution had 395 Articles, 22 Parts, and 8 Schedules. Today, it has grown significantly with amendments. The Preamble to the Constitution declares India to be a Sovereign, Socialist, Secular, Democratic Republic, and a Union of States. It also enshrines justice, liberty, equality, and fraternity as guiding ideals.

Key Features of the Indian Constitution:

• Written and Lengthiest Constitution: India has a detailed written constitution that is the longest in the world.
• Parliamentary System: It adopts a parliamentary form of government, both at the Union and State levels.
• Single Citizenship: Unlike federal states like the USA, India has a single citizenship for all its citizens.
• Fundamental Rights: Part III of the Constitution guarantees six fundamental rights to citizens (originally seven).
• Directive Principles of State Policy: Part IV outlines guidelines for the state to achieve social and economic democracy.
• Fundamental Duties: Added by the 42nd Amendment, these are obligations of citizens towards the nation.
• Secular State: The state has no religion of its own and treats all religions equally.
• Universal Adult Franchise: All citizens above 18 years of age have the right to vote, irrespective of caste, creed, or sex.
• Independent Judiciary: A hierarchical and independent judiciary ensures the rule of law and protects constitutional rights.
• Federal Structure with Unitary Bias: While it has features of federalism (division of powers), it also possesses strong unitary features (like a strong center).

The Parliament of India: The Apex Legislative Body

The Parliament is the supreme legislative body of the Republic of India. It consists of the President and two Houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This bicameral structure is a key feature of the Indian parliamentary system.

The Lok Sabha (House of the People):

The Lok Sabha is the lower house of the Parliament. Its members are directly elected by the people on the basis of universal adult franchise. The maximum strength of the Lok Sabha is stipulated as 552 members. Of these, up to 530 members are elected from territorial constituencies in the States, and up to 20 members are elected to represent the Union Territories. Additionally, the President can nominate not more than two members to the Lok Sabha to represent the Anglo-Indian community, though this provision has been recently amended.

The term of a Lok Sabha member is five years, after which it is dissolved. However, the President can dissolve the Lok Sabha before the expiry of its term on the advice of the Prime Minister. The Speaker of the Lok Sabha is the presiding officer, elected by the members themselves. The Lok Sabha holds significant financial powers, as money bills can only be introduced in this house.

The Rajya Sabha (Council of States):

The Rajya Sabha is the upper house of the Parliament and is a permanent body, meaning it is not subject to dissolution. One-third of its members retire every two years, and a new incumbent is elected to fill the vacancy. The maximum strength of the Rajya Sabha is 250 members. Of these, 238 are elected indirectly by the elected members of the State Legislative Assemblies, and 12 members are nominated by the President from among persons having special knowledge or practical experience in literature, science, art, and social service.

Members of the Rajya Sabha are elected for a term of six years. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. While the Rajya Sabha does not have the power to vote on the budget or to reject a money bill (it can only suggest amendments which the Lok Sabha may or may not accept), it plays a crucial role in scrutinizing legislation and representing the interests of the states.

Powers and Functions of the Parliament

The Parliament of India exercises extensive powers, encompassing legislative, financial, executive, constituent, electoral, and judicial functions.

Legislative Powers:

The Parliament has the power to make laws on any subject enumerated in the Union List and the Concurrent List. For subjects in the Concurrent List, Union laws generally prevail over State laws. It can also legislate on matters in the State List under certain special circumstances, such as during a national emergency or if two or more State Legislatures pass resolutions requesting Parliament to do so.

Financial Powers:

All financial business of the government, including the introduction of the Union Budget, taxation proposals, and authorization of expenditure, must be approved by Parliament. The Lok Sabha, in particular, has exclusive control over the Consolidated Fund of India, which is the repository for all government revenues.

Executive Control:

The Parliament exercises control over the executive (Council of Ministers) through various mechanisms like questions, adjournment motions, calling attention notices, and debates. The Council of Ministers is collectively responsible to the Lok Sabha, meaning it must resign if it loses the confidence of the lower house.

Constituent Powers:

Parliament has the power to amend the Constitution. Amendments can be initiated only in either House of Parliament. Certain provisions require amendment by a special majority, while others, especially those affecting the federal structure, require ratification by at least half of the State Legislatures.

Electoral Functions:

Members of Parliament participate in the election of the President of India and elect the Vice-President. The Lok Sabha also elects its Speaker and Deputy Speaker.

Judicial Powers:

Parliament has the power to impeach the President, remove the Vice-President, and remove judges of the Supreme Court and High Courts, and the Chief Election Commissioner, through a special procedure involving impeachment.

Parliamentary Procedures and Terminology

Understanding parliamentary proceedings requires familiarity with certain key terms and procedures.

Sessions of Parliament:

Parliament meets in sessions throughout the year. The main sessions are:

• Budget Session: Typically from February to May. It includes the presentation of the Union Budget.
• Monsoon Session: Usually from July to September.
• Winter Session: Generally from November to December.

The President summons each House to meet at such time and place as he thinks fit, ensuring that not more than six months elapse between the last sitting in one session and the date appointed for its first sitting in the next session.

Question Hour:

The first hour of every sitting of each House is devoted to the asking and answering of questions. This is a vital tool for parliamentary oversight of the government's functioning.

Zero Hour:

This is an Indian parliamentary innovation that starts immediately after the Question Hour at about 12 noon. During this time, members can raise important issues without prior notice. However, it is not formally provided for in the Rules of Procedure.

Motions:

A motion is a formal proposal put forward by a member for the consideration of the House. Various types of motions exist, including:

• Substantive Motion: Deals with a substantive matter, like a motion for the election of the Speaker.
• Substitute Motion: A motion that proposes an alternative to a motion under consideration.
• Adjournment Motion: Used to draw the attention of the House to a recent matter of urgent public importance. It requires the support of 50 members to be admitted and leads to the curtailment of normal business.
• No-Confidence Motion: A motion moved by the Lok Sabha members stating that the government does not have the confidence of the House. If passed, the government must resign.

Bills:

A bill is a draft of a legislative proposal. Bills can be:

• Ordinary Bills: Deal with any subject other than financial subjects. They can be introduced in either House.
• Money Bills: Deal exclusively with financial matters like taxation, government expenditure, and appropriation of funds. They can only be introduced in the Lok Sabha.
• Financial Bills: Relate to financial matters but are not exclusively money bills.

Constitutional Amendments

The Constitution of India is a living document, and its provisions can be amended to keep pace with societal changes and evolving needs. Article 368 of the Constitution deals with the powers of Parliament to amend it and the procedure therefor.

Types of Amendments:

1. Amendment by Simple Majority: Certain provisions can be amended by a simple majority of the members present and voting in each House.
2. Amendment by Special Majority: Most of the Constitution can be amended by a special majority of each House, which means a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting.
3. Amendment by Special Majority and Ratification by States: Provisions that affect the federal structure, the powers of the Supreme Court and High Courts, the distribution of legislative powers between the Centre and States, or the representation of States in Parliament require amendment by a special majority and ratification by the legislatures of at least half of the states.

Parliamentary Committees

To facilitate the functioning of Parliament, especially in examining detailed matters, various committees are constituted. These committees can be broadly classified into Standing Committees and Ad hoc Committees.

Standing Committees:

These are permanent committees that function continuously throughout the life of the Lok Sabha or from session to session. They include:

• Financial Committees: Public Accounts Committee, Estimates Committee, Committee on Public Undertakings.
• Departmental Standing Committees: These committees are attached to various ministries/departments and scrutinize their functioning.
• Other Standing Committees: Committee on Government Assurances, Committee on Privileges, Business Advisory Committee, etc.

Ad hoc Committees:

These are temporary committees appointed for a specific purpose. Once their task is completed, they cease to exist. Examples include Select Committees and Joint Committees on Bills.