2014
CONSTITIONAL LAW PROJECT TOPIC :
UNION LEGISLATURE
SUBMITTED TO : MS. NANDITA SUBMITTED BY : SHELLY ARORA B.COM LL.B (HONS.) ROLL NO : 213
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Acknowledgement I am using this opportunity to express my gratitude to everyone who supported me throughout the course of this CONSTITUTIONAL LAW project. I am thankful for the aspiring guidance, invaluably constructive criticism and friend advice during the project work. I am sincerely grateful to them for sharing their truthful and illuminating views on a number of issues related to the project. I will strive to use gained skills and knowledge in the best possible way, and I will continue to work on their improvement. I express my warm thanks to my subject teacher Ms. NANDITA for giving me opportunity to work on this topic and without her support and guidance ,I would have not completed this project. Furthermore I would also like to acknowledge with much appreciation the crucial role of the Library staff of the department, who gave the permission to use all required equipment, books and necessary material required to complete the task, and thanks to all the people who provided me with the facilities being required and conductive conditions for my Constitutional law project. . I choose this moment to acknowledge their contribution gratefully. A special thanks goes to my class mate, who help me to assemble the parts and gave suggestion about the task . I also acknowledge with a deep sense of reverence, my gratitude towards my parents and members of my family, who has always a supported me morally as well as economically. Any omission in this brief acknowledgement does not mean lack of gratitude.
Thanking you Shelly Arora
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UNION LEGISLATURE / CENTRAL LEGISLATURE - UNION PARLIAMENT ( ARTICLE 79 TO 122 ) In regard to the constitution of the Union Parliament, the Indian Constitution has adopted the English pattern. Article 79 of the Indian Constitution provides : “ There shall be a Parliament for the Union which shall consist of the Parliament and the two houses to be known respectively as the Council of States and the House of People”.
COMPOSITION OF PARLIAMENT A parliament shall consist of President, Rajya Sabha and Lok Sabha. The parliament shall not be the member of either house of the parliament but he is integral part of the union parliament. The question of a State Legislature to be a bicameral or unicameral Legislature, has been left for each state to decide for itself.1 Bicameral Legislature provide for two houses i.e., Rajya Sabha ( Council of States ) and Lok Sabha ( House of People). It is parliament which controls the finances of the union. No tax can be levied and no expenditure can be incurred by the Union government without the approval of the Parliament. Only parliament can amend the Constitution under Article 368. The parliament elects the VicePresident. PARLIAMENT NOT THE SOVEREIGN BODY
The Parliament of India is not a sovereign body because it has to function in accordance with the Constitution of India. However , Supreme Court can declare the law passed by the Parliament as unconstitutional, if it violates the constitution. The parliament may exercise only the powers conferred by the Constitution. Parliament of India is known as SANSAD. 1
Article 169
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CONSTITUTION OF HOUSES OF PARLIAMENT COMPOSITION OF THE RAJYA SABHA ( ARTICLE 80) The Rajya Sabha or the Council of State is the upper house of the Union Parliament and was first constituted on April 3, 1952. The maximum strength of Rajya Sabha is 250. 238 out of 250 members represent the STATES and UNION TERRITORIES. 2Remaining 12 members are nominated by the PRESIDENT. The 12 members shall be person of special knowledge or practical experience in respect of literature, science, art or social service. The object is to provide representation to the certain non- political
interests. The present strength of Rajya Sabha, however, is 245, out of which 233 are representatives of the States(229) and Union territories of Delhi(3) and Puducherry (1) and 12 are nominated by the President. The members of Rajya Sabha are elected indirectly. They are elected by the elected members of the state legislative assembly of that state and by the members of Electoral College for that Union territory. The presiding officers of Rajya Sabha is known as chairman and deputy chairman. DURATION OF Rajya SABHA (ARTICLE 83(1))
Rajya Sabha is a permanent house of Parliament and therefore, cannot be dissolves. The term of each member of Rajya Sabha is 6 years. However, 1/3 rd of its members retire every second year in accordance with the provision made in that behalf by parliament by law.
COMPOSITION OF LOK SABHA ( ARTICLE 81 ) The Lok Sabha is a popular house and held its first sitting on April 17, 1952 after general election held in 1951-52. The maximum strength of Lok Sabha is 552. Sanctioned strength - 550 members
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Article 80 (1)
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530 represents states and 20 from union territories. Two (2) members of Anglo-Indian community are nominated by the President if he is satisfied that ANAGLO-Indian community is not adequately represented in the Lok Sabha. This nomination shall be over and above 550 members. Every citizen of India who has attained the age of 25 years is qualified to be elected to Lok Sabha. It elects its own presiding officers called speaker and deputy speaker. Money bill can only be introduced in Lok Sabha. DURATION OF Lok SABHA ( ARTICLE 83(2))
Lok Sabha continues for five years from date on which it holds its first meeting after being constituted. The expiration of this period of five years operates as a dissolution of the Lok Sabha. This period of five years may be extended by parliament, by law, for a period not exceeding one year at one time, during the period when a Proclamation of emergency made under article 352is in operation.
QUALIFICATION FOR MEMBERSHIP OF PARLIAMENT (ARTICLE 84) Article 84 of the Constitution lays down the qualifications for membership of Parliament. A person to be qualified for the membership of the Parliament should posses the following qualifications: 1. he must be a citizen of India and make and subscribe before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution; 2. he must be not less than 30 years of age for membership of Rajya Sabha and for membership of Lok Sabha, he must not be less that 25 years of age; 3. he must possess such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. In this respect parliament enacted the Representation of people Act 1951. Section 2 and 4 of the act require that the person must be registered as a voter in any of the parliamentary constituencies .
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DISQUALIFICATIONS FOR MEMBERSHIP Article 102 of the Constitution lays down that a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament – 1. if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder; 2. if he is of unsound mind and stands so declared by a competent court; 3. if he is an un-discharged insolvent; 4. if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State; 5. if he is so disqualified by or under any law made by Parliament. Explanation- For the purpose of this clause a person shall not be deemed to hold an office of
profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State. A person shall disqualified for being a member of either house of parliament if he is so disqualified under the TENTH SCHEDULE ( on grounds of defection ).
VACATION OF SEATS No simultaneous Membership of more than One House Article 101 lays down the conditions in which a member of parliament shall vacate his / her seat. The conditions are as follows: If a person be chosen to be member of both the houses of parliament, he/ she must vacate his / her seat in one of the two houses, must intimate within 10 days from publication of the election result, in which house he desires to serve. If a person is elected both as MLA and MP, then he / she must vacate the seat of MLA, otherwise seat of MP shall fall vacant. If the person is disqualified as per article 102, he / she shall vacate the seat. Resignation: To speaker in case of Lok Sabha and to Chairman in case of Rajya Sabha. Absence without permission: A seat can be declared vacant if a member absents himself from all meetings of the house for a period of 60 days.
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OFFICERS OF PARLIAMENT PRESIDING OFFICERS OF Rajya SABHA : Chairman and Deputy Chairman (ART. 89 & 90) The Vice-President of India is ex-officio Chairman of Rajya Sabha3. While the office of the Chairman is vacant, or during any period when he acts or discharges the functions of President, the Deputy Chairman of Rajya Sabha performs the duties of the office of the Chairman. There is no provision for removal of chairman as such. If the office of the Deputy Chairman is also vacant, the President appoints a member of the House to perform the duties of the office. He may resign at any time by writing under his hand addressed to the chairman.4 The Chairman presides over Rajya Sabha and regulates its proceedings. He maintains order in the House. He also has the power to adjourn Rajya Sabha and suspend its meeting if there is no quorum. PRESIDING OFFICERS OF Lok SABHA : The Speaker and the Deputy Speaker (ART 93,94, 95, 96)
The Speaker of the Lok Sabha is the presiding officer of the Lok Sabha. He presides over the meetings. In case of dispute whether or not a bill is a Money Bill. His decision is final. He does not take part in voting. But in case of equality of votes on any issue, he exercises a casting vote to break the tie. When the office of speaker is vacant, the duties of the office shall be performed by the Deputy Speaker. The Speaker or the Deputy speaker may be removed by a resolution passed by a majority of members of the House. At least 14 days notice has to be served before taking up the formal proposal for the removal of the Speaker. During the deliberations on the issue of removal the Speaker does not preside, but can take part in the deliberation to defend himself. The speaker may resign his office by writing, under his hand, addressed to the Deputy Speaker and deputy speaker may resign his office by addressing his resignation to the speaker.5
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Article 89(1) Article 90 (b) Article 94 (b)
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SESSIONS OF PARLIAMENT SUMMONING OF SESSIONS [ Article 85(1) ] The president summons the Sessions of each House of parliament. The word “session” refers to the
period commencing with the first meeting of the House of the Legislature duly summoned by the proper authority and ending with its propagation. There shall not be an interval of more than six months between the two Sessions of a House. PROPAGATION OF THE HOUSE [ Article 82(2)(a)] Propagation of the house means the termination of the Session. A propagation ends a Session. After
propagation, if the House is to meet, it is to be summoned in session by the president. The period between the propagation of the house and its reassembly in a new session is termed as “ recess”. The power to prorogue is vested with the president. A pending bill does not lapse if the house is
prorogued. DISSOLUTION OF THE HOUSE [Article 85(2)(b)]
To dissolve the house means to put an end to its life. The president alone has the power to dissolve it. It terminates the house. It is sometimes described as a civil death of the house. On the dissolution of the house, general elections take place to constitute a new house. A pending bill lapse if Lok Sabha is dissolved. ADJOURNMENT
Adjournment pertains to the sitting of the house. Adjournment does not end the session of the house, it merely suspends the sitting of the house. It is an internal affair of the house. The presiding officer can adjourn sitting of house. It does not affect the pending of bill. RIGHT OF THE PRESIDENT TO ADDRESS THE HOUSE (Article 86)
President may address either house of parliament or both houses assembles together. For this purpose, he may require attendance of the members of the house or houses. SPECIAL ADDRESS (ARTICLE 87)
It requires the president to address the both the houses of parliament assembled together at two occasions, viz., mentioned below, generally it is to share with houses general policies of the Government and its programme of legislation. (1) after general election (2)at the commencement of the first session of each year.
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FUCTIONS OF PARLIAMENT The prime function of the parliament is the making of laws. Legislative procedure means the procedure which is followed for making of laws. It is initiated by the introduction of the proposals for legislation in the form of a “Bill” and involves the following stages : (1) introduction of the bill in one of the houses. (2) When it is passed by that house, the bill is transmitted to the other house. (3) When the bill passed or deemed to be passed by both the houses, it is sent to the president for his assent thereto. On his assent, the bill becomes law and the legislative procedure completes. The legislative procedure is discussed in respect to the following Bills :(i) Ordinary Bill (ii) Money Bill (iii) Financial Bill (iv) Bill involving expenditure from Consolidated Fund of India.
ORDINARY BILL (Article 107) An ordinary bill may be defined as bill which is : (1) Neither a money bill nor a financial bill; and (2) Neither a bill involving expenditure from the consolidated fund of India. It may originate in either house of the parliament. The bill must be passed by both the houses and signed by the president. When bill i s passed by both the houses, it is sent for president’s assent. It becomes law when it is assented by the president. Each house has laid down the procedure for the passage of the bill. Before becoming the law , a bill pass through three stages known as : (a) At first reading stage, the bill is introduced in the house . at this stage no discussion takes place. (b) At second reading stage, the bill is at consideration stage, when the bill is discussed clause by clause. At this stage amendments takes place. (c) At the third reading stage, general discussion of the bill takes place and bill is finally passed. When the bill is passed by one house, it is sent to the other house and same procedure is repeated. If there is any disagreement the two houses over the bill, it cannot be deemed to have been passed. If two houses do not agree on the bill, the situation of dead lock is created. To resolve such a dead lock the constitution provides the method of joint sitting of both houses of parliament.
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MONEY BILL (Article 110) Money bill is that bill which contains all or any of the matters contained in sub-clause (a) to (g) of clause (1) of article 110. However, a bill shall not be deemed to be a Money bill by reason only that it provides for the imposition or fines or pecuniary penalties or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.6 If any question arises as to whether a bill is a money bill or not, the decision of the speaker of the Lok Sabha shall be final. 7
SPECIAL PROCEDURE IN RESPECT OF MONEY BILL (Article 109) Article 109 provides for special procedure for the passing of money bills .It can be introduced only in Lok Sabha. A money bill can be int roduced with the prior recommendation of the President.8 Money bill is passed by the Lok Sabha, speaker shall make an endorsement on bill that it is a money bill it is transmitted to Rajya Sabha, if there is no amendments, the bill is said to be passed by both houses. If there are some amendments recommended by Rajya Sabha and is accepted by Lok Sabha, then also bill is passed. If amendments recommended by Rajya Sabha are not accepted by Lok Sabha, then also bill is deemed to be passed. It is clear that Rajya Sabha has no power with respect to the passing of a money bill except delaying its passing for a period of 14 days.
FINANCIAL BILL The financial bill is a mixture of an ordinary and a money bill. A financial bill, like a money bill, can originate in the Lok Sabha. It cannot be introduced or moved in the Rajya Sabha. Like a money bill, for the introduction of a financial bill in the Lok Sabha prior recommendations of the President are required.9 The financial bill is therefore similar to the money bill in two respects, i.e., it can be introduced only in the Lok Sabha and secondly, prior recommendations of the president for its introduction of the president for its introduction are required. In respect to other matters, a financial bill is as good as an ordinary bill.
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Article 110(2) Article 110 (3) 8 Article 117(1) 9 Article 117(1) 7
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A BILL INVOLVING EXPENDITURE FROM THE CONSOLIDATED FUND OF India (ARTICLE 117(3)) It is that bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India. Such a bill can introduced, like an ordinary bill, in either house of parliament. No prior recommendations of the President are required for the introduction of this bill in the house. However ,such a bill cannot be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill. Such a recommendation is required in each House of the Parliament.
DEAD LOCK IN THE HOUSE OF PARLIAMENT ON THE BILL( ARTICLE 108)
Dead lock in the two houses can result only on non money bill i.e. an ord inary bill, financial bill or bill involving expenditure from consolidated fund of India. Dead lock would in following cases (1) When a bill passed by house in which it is originated and transmitted to other house, and is rejected by the other house. (2) When a bill, having been passed by the house in which it was originated, is transmitted to the other house, the other house recommends some amendments to that bill and all or any of those amendments have been rejected by the f irst house; (3) When a bill having been passed by the house in which it originated, is transmitted to the other house, the other house does not return the bill f or six months from the date of its receipt in the house without being passed by it.
ASSENT TO BILLS (ARTICLE 111)
When a bill has been passed by both houses of the parliament, it shall be presented to the president for his assent. The president may declare either that he assent. The president may declare either that he assents to the bill, or that he withholds his assent there from. When the president assents to the bill it becomes as Act, if he withholds his assent the bill lapses. The constitution does not prescribe any time limit within which the president should give or withhold his assent to the bill presented to him. The president may thus keep the bill pending with him indefinitely,10 which may be called as “ pocket veto”.11
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Thirumalpad v. State of Kerala, AIR 1961 Ker 324 President Zail Singh in 1986, kept the Indian post office bill. 1986, neither giving nor withholding his assent.
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WRIT- QUO WARRANTO Quo warranto means “what is your authority” or “Warrant your authority”.
The writ of quo warranto is issued against the holder of a public office calling upon him to show with what authority he holds that office. The writ is issued to oust a person from an office to which he is not entitled. It is issued against the usurper of an office.12 The purpose is to prevent a person from holding an office, which he is not legally entitled to hold. If the holder of the office was initially not qualified to hold it, the writ would not lie if he subsequently gets qualified for the office.13 The writ can be claimed by any member of the public, whether any right of such person, has been infringed or not. 14 CONDITIONS FOR THE SATISFACTIOB OF THE WRIT (a) The office in question must be a public office. (b) The office must be substantive in character i.e. an office in independent in title. It is not
applicable to ministerial offices who hold office at the pleasure of the master.15 (c) The respondent must not be legally qualified to hold the office or to remain in the
office. (d) The writ will not lie if the office in question is of private character.
CASE NO 1: Jamalpur arya samaj Sabha v. Dr. D. Ram 16
High court refused to issue the writ against the members of the working committee of the Bihar Arya samaj Sabha , a private association.
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T. Fenn Walter v. Hon’ble Justice E . Padmanabhan, AIR 2002 NOC 162 (MAD). Dr. Het Ram Kalia v. H.P. University, AIR 1977 NOC 246 (HP). S.N. Srinivastava v. State of U.P., AIR 2003 All. 259. Jagram v. G.T.D.A , AIR 1987 MP 11. AIR 1954 Pat 297.
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CASE NO 2: G.D. Karkare v. T.L. Shavde
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The court issued writ of quo warranto against the Advocate- General of the state, who was not qualified to hold that office.
CASE NO 3: P.L. Lakhanpal v. Justice A.N. Ray
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The petitioner challenged the appointment of justice A.N. Ray, who was junior to three judges of the supreme court, as the C.J.I . Before the court could decide the writ, the person senior to him had resigned from office, as a result the respondent became the senior most Judge of the Supreme court. The writ was refused as it had become futile. Based on the principle that he public has an interest to see that an unlawful claimant does not usurp a public office. Examples of offices of P.M , C.M. , Speaker , Advocate General, Judge, President of Zilla Parishad etc.
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AIR 1952 Nag 330. 1975 Del 66.
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Bibliography BOOKS : (A) Kumar Narender, “ Constitutional Law Of India”. Panjab University, Chandigarh : Jain Law Agency, (2002). (B) Singh M.P. , “ The Constitution of India”. Delhi : Delhi Law House , (2009).
