Parliamentary System — Study Notes

**UPSSSC PET | Indian Constitution & Public Administration**

Overview

India adopted the parliamentary system of government from the British Westminster model. This topic is a staple in UPSSSC PET, appearing in 3–5 questions covering Lok Sabha composition, Rajya Sabha powers, parliamentary sessions, types of motions, committee structures, and the anti-defection law. Understanding the constitutional provisions (Articles 79–122) and the functioning of Parliament is essential because questions often test differences between the two Houses, money bill procedures, and practical aspects like quorum, adjournment, and no-confidence motions.

Students must master the composition and tenure of both Houses, the role of presiding officers, legislative procedures, and the watchdog function of parliamentary committees. Anti-defection law (10th Schedule) is consistently tested. This chapter bridges constitutional theory with current affairs—questions may ask about recent bills, session types, or landmark committee reports. A clear grasp of procedural differences (who can introduce money bills, who has final say) is crucial for accuracy in the exam.

Key Concepts

• **Bicameral Legislature**: Indian Parliament consists of the President and two Houses—Lok Sabha (lower house) and Rajya Sabha (upper house)—as per Article 79. Both Houses participate in law-making, but Lok Sabha is more powerful in financial matters.

• **Lok Sabha Primacy**: Lok Sabha enjoys supremacy in money bills (Rajya Sabha can only recommend), confidence motions (only Lok Sabha can remove the government), and emergency approvals. It represents the people directly through universal adult franchise.

• **Rajya Sabha as Federal Chamber**: Rajya Sabha represents the states and union territories. It has special powers to create All-India Services (Article 312) and to declare a subject in State List of national importance (Article 249). It provides continuity as it is not subject to dissolution.

• **Parliamentary Sessions**: Parliament meets in three sessions annually—Budget (February–May), Monsoon (July–September), and Winter (November–December). A session is summoned by the President on Cabinet advice; gap between sessions cannot exceed six months.

• **Motions and Legislative Devices**: Motions like no-confidence (only Lok Sabha), adjournment, censure, and cut motions allow members to discuss government policies and hold the executive accountable. Money bills and ordinary bills follow distinct procedures.

• **Parliamentary Committees**: Committees conduct detailed scrutiny of bills and government functioning. Standing committees (permanent) include subject-specific departmental committees and financial committees. Ad-hoc committees are formed for specific tasks and dissolve after completing their mandate.

• **Quorum and Presiding Officers**: One-tenth of the total membership forms the quorum. The Speaker (Lok Sabha) and Chairman (Rajya Sabha, ex-officio Vice-President of India) maintain order, decide on bills, and cast deciding votes in ties.

• **Anti-Defection Law (10th Schedule)**: Added by the 52nd Amendment (1985), the law disqualifies MPs who voluntarily give up party membership or vote against party whip. The presiding officer decides disqualification cases; exceptions exist for mergers (at least two-thirds of party members) and elected presiding officers.

Formulas / Key Facts

• **Lok Sabha**: Maximum 552 members (530 states + 20 UTs + 2 Anglo-Indians, though Anglo-Indian nomination ended in 2020). Current strength: 543 elected members. Term: 5 years, extendable during emergency.
• **Rajya Sabha**: Maximum 250 members (238 elected by state/UT legislatures + 12 nominated by President for distinguished contributions). Current strength: 245. Permanent body; one-third retire every 2 years.
• **Quorum**: 1/10th of total strength—55 for Lok Sabha, 25 for Rajya Sabha.
• **Money Bill (Article 110)**: Only Lok Sabha can originate; Rajya Sabha must return in 14 days with recommendations; Lok Sabha can accept or reject. President's assent needed.
• **Ordinary Bill**: Can originate in either House; must be passed by both; President's assent required. If deadlock, joint sitting called (Speaker presides; Lok Sabha majority prevails).
• **No-Confidence Motion**: Requires support of 50 members to introduce; only in Lok Sabha; if passed, government must resign.
• **Anti-Defection Disqualification Grounds**: (a) Voluntarily giving up party membership; (b) Voting against party whip without permission; (c) Independent member joining a party; (d) Nominated member joining a party after six months.
• **Committee Types**: Standing—24 Departmental Standing Committees, Public Accounts Committee (PAC), Estimates Committee, Committee on Public Undertakings. Ad-hoc—Joint Parliamentary Committees (JPC), Select/Joint Committees on bills.
• **Sessions Gap Rule**: Not more than 6 months between two sessions (Article 85).

Worked Examples

**Example 1: Money Bill Procedure** *Question*: A money bill is introduced in Lok Sabha and passed. It is sent to Rajya Sabha, which suggests 10 amendments after 10 days. Lok Sabha rejects all amendments. What happens next? *Solution*: Money bills can only originate in Lok Sabha. Rajya Sabha has 14 days to return the bill with recommendations. Lok Sabha is not bound to accept these recommendations. Since Rajya Sabha returned the bill within time and Lok Sabha rejected suggestions, the bill is deemed passed by both Houses in the form Lok Sabha adopted. It goes to the President for assent. No joint sitting for money bills.

**Example 2: Anti-Defection Scenario** *Question*: Party A has 100 MPs in Lok Sabha. 35 MPs split from Party A and form a new group. Will they be disqualified under anti-defection law? *Solution*: The 10th Schedule allows exemption if at least two-thirds of party members (i.e., minimum 67 MPs here) merge with another party or form a separate group. Since only 35 MPs (one-third) split, they do not meet the two-thirds threshold. Hence, they are liable for disqualification under anti-defection law for voluntarily giving up party membership.

**Example 3: Joint Sitting of Parliament** *Question*: An ordinary bill is passed by Lok Sabha but rejected by Rajya Sabha twice. Can the President call a joint sitting? *Solution*: Yes. For ordinary bills, if one House rejects the bill, amends it with unacceptable changes, or does not pass it within six months, the President can summon a joint sitting (Article 108). In a joint sitting, the Speaker of Lok Sabha presides, and a simple majority of total members present decides. Since Lok Sabha has more members, it generally prevails. Money bills never have joint sittings.

Common Mistakes

• **Confusing Money Bill and Finance Bill**: Students often treat them as identical. Money bills deal solely with taxation, government expenditure, borrowing, etc. (Article 110 criteria). Finance bills can have non-financial provisions; only the financial portions follow money bill procedure. The Speaker certifies whether a bill is a money bill.

• **Assuming Rajya Sabha has no power**: While Lok Sabha dominates, Rajya Sabha has exclusive powers to create All-India Services and declare State List subjects of national importance. Students must not dismiss Rajya Sabha as powerless; it represents federal interests and provides experienced oversight.

• **Forgetting Anti-Defection Exceptions**: Many believe any split causes disqualification. Correct fix: Two-thirds of party members can merge with another party (or form a new one) without disqualification. Also, a Speaker/Deputy Speaker or Chairman/Deputy Chairman who resigns from party membership post-election to be impartial is not disqualified.

• **Mixing up Adjournment, Prorogation, and Dissolution**: Adjournment is temporary end of a sitting; prorogation ends a session; dissolution ends the Lok Sabha's term. Rajya Sabha is never dissolved. Students must use these terms precisely in descriptive answers.

• **Ignoring Committee Details**: PET may ask which committee examines Appropriation Accounts (PAC) or which body scrutinises executive performance (Departmental Standing Committees). Don't overlook the role of Estimates Committee (future spending), PAC (past spending audited by CAG), and Committee on Public Undertakings (PSU performance).

Quick Reference

• **Lok Sabha**: 543 members, 5-year term, directly elected, represents people, money bills only here, no-confidence motion only here.
• **Rajya Sabha**: 245 members, permanent body, indirectly elected + 12 nominated, federal chamber, special powers under Articles 249 & 312.
• **Quorum**: 1/10th strength; 55 LS, 25 RS.
• **Money Bills**: Lok Sabha only; Rajya Sabha 14 days; no joint sitting; Speaker certifies.
• **Anti-Defection**: 10th Schedule; disqualification for defection; exception if 2/3rds merge; Presiding Officer decides.
• **Committees**: PAC (past accounts), Estimates (future estimates), DRSCs (department-wise scrutiny), JPC (special inquiries).

--- **Exam Tip**: Practice distinguishing money bills from ordinary bills and memorise the anti-defection two-thirds rule—these are high-frequency MCQ traps in UPSSSC PET.