Parliamentary Functioning UPSC Notes

Functions of the Parliament

In order to perform its role efficiently, various mechanisms have been set up in the Constitution, and each House has been empowered to make its own rule under Article 118. Rules of communication between both houses and the Joint sitting are made by the President after consultation with the Speaker of Lok Sabha and the Chairman of Rajya Sabha.

Using these constitutional powers, the ‘Rules of Procedure and Conduct of Business in the House of the People’ and ‘Rules of Procedure and Conduct of Business in the Council of States’ have been made by each House. These mention the various aspects of parliamentary functioning, which include summoning of the Parliament, Quorum, Language and various devices of parliamentary proceedings.

Sessions of Parliament

As per Parliamentary convention, there are generally three sessions of the Parliament: budget, monsoon, and winter. Besides, these special sessions can also be called for specific purposes. However, the gap between the two sessions cannot exceed 6 months.

A ‘session of House’ spans from the first sitting of the House to its prorogation (end of the session). The period between the prorogation and reassembly of the House is called ‘recess’.

Summoning

The President summons both Houses of the Parliament to meet. In both Houses, the Secretary General of the respective Houses is responsible for issuing summons to the members, specifying the date and place of the session. Rules of procedure mention no time limit between the issue of summon and the date of session.

The President issues summons with the aid and advice of the Council of Ministers. It means the power to call the session is with the government, giving it some control over the Legislature.

Termination of sittings of Parliament

The Presiding Officers can terminate the sitting of Parliament in the following three ways:

• Adjournment: It suspends the sitting of the House for a specified amount of time; it could be a few hours, days or weeks. Generally, at the end of each day, the House is adjourned to meet again on the next day. Sometimes, however, during an uproar in the Parliament, it can be adjourned for a few hours with an intention to resolve the issues.
• Adjournment Sine Die: It means terminating the sitting of the Parliament for an indefinite amount of time. It does not end the session, which means the presiding officer can call the sitting of the House at any time without having to opt for a formal summons that can be issued only by the executive.
• Prorogation: Prorogation means the end of the session. The President is empowered to prorogue the House while in session. After prorogation, no sitting can be called by the Presiding officer, and to hold a new sitting, a fresh summon by the President would be required.

Generally, when the presiding officer intends to end the session of the House, they declare the House adjourned sine die, after which the President prorogues the session of the Parliament.

Lame Duck Session

It is based on a tradition in the US Congress in which the last session of the existing Lok Sabha is conducted after the new Lok Sabha has been constituted. Those who could not get re-elected are known as Lame-ducks.

President’s Address to Parliament

Article 87 provides for the President’s address in Parliament on two occasions.

1. President addresses the Lok Sabha and Rajya Sabha jointly at the beginning of the first session of the newly constituted Lok Sabha.
2. President also addresses the Parliament at the beginning of the first session of each year.

The address highlights the broad agenda, achievements, and upcoming government policies.

Motion of thanks: After each Presidential address, a motion to thank the President for his/her address is moved in both houses in which the content of the address and work of government is discussed. The discussion concludes with a reply from the Prime Minister in both houses. The motion is then put to vote.

Dissolution of the Lok Sabha

Dissolution of the House (only Lok Sabha) leads to the end of the life of the House, and it is reconstituted after general elections. Rajya Sabha, being a permanent body, is not subject to dissolution.

The dissolution of Lok Sabha can happen in the following situations:

1. On expiry of the tenure of Lok Sabha after 5 years;
2. Or, it can be dissolved at any time by the President on the aid and advice of the PM and the Council of Ministers.

Effects on bills post-dissolution of Lok Sabha

1. The bills pending in the Lok Sabha lapse (Whether initiated in the Lok Sabha or communicated to it by the Rajya Sabha).
2. A bill passed by the Lok Sabha but pending in Rajya Sabha lapses.
3. A bill for which holding a joint sitting of both houses is notified by the President does not lapse.
4. A bill initiated and pending in Rajya Sabha does not lapse.
5. A bill for which the President’s assent is pending does not lapse.
6. A bill passed by both houses but sent back by the President for reconsideration does not lapse.