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Striking Features of Parliament and its session for CLAT - Practice Questions & MCQ

Edited By admin | Updated on Oct 03, 2023 03:26 PM | #CLAT

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Which house of the Indian Parliament offers direct representation to the people?

Which session of Parliament deals with discussions on economic policies and government spending?

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Striking Features of Parliament and its session

Bicameral Structure:

  • The Indian Parliament consists of two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).
  • Rajya Sabha: This house represents the federal nature of India's polity. Its members are not directly elected by the people but are chosen by the elected members of State Legislative Assemblies and Union Territories. Each state and union territory has a specific number of representatives. This ensures that regional interests are well-represented at the national level.
  • Lok Sabha: The Lok Sabha, on the other hand, directly represents the citizens of India. Its members, known as Members of Parliament (MPs), are elected by eligible voters during general elections. The number of seats in the Lok Sabha is determined by population, with each state getting a certain number of seats based on its population. This house is crucial in representing the people's will and forming the government.

Federal Nature:

  • The federal nature of India is reflected in the structure of the Parliament, particularly in the Rajya Sabha.
  • The Rajya Sabha ensures that states and union territories, regardless of their size or population, have a voice in the legislative process. This safeguards the interests of smaller states.
  • The Lok Sabha, while representing the unity of the nation, acknowledges the diverse cultural, linguistic, and regional identities within India.

Direct vs. Indirect Representation:

  • The Lok Sabha offers direct representation to the people. Citizens across the country vote for their preferred candidates, and those with the majority of votes become MPs.
  • In contrast, the Rajya Sabha members are indirectly elected. State legislators choose members to represent their state in the Rajya Sabha. This system helps ensure that state governments have a say in national matters.

Sovereign Body:

  • The Indian Parliament holds sovereign authority in making and amending laws. This means that its decisions are final and binding, and no other institution or authority can override them.
  • The Parliament can legislate on subjects listed in the Union List, Concurrent List, and matters affecting the entire nation, as specified in the Constitution.

Parliament Sessions:

  • Monsoon Session:
    • Held during the monsoon season, typically in July and August.
    • This session focuses on a wide range of legislative matters, debates, and discussions.
    • It is especially notable for the presentation of the annual Union Budget, which outlines the government's financial plans and allocations for various sectors.
  • Winter Session:
    • Usually conducted in November and December.
    • The Winter Session is primarily dedicated to legislative work, including debating and passing bills.
    • It includes the "question hour," where MPs can ask questions of government officials, the "zero hour" for matters of urgent public importance, and the introduction of private member bills.

Budget Session:

  • Commences in late February and extends until May.
  • The highlight of this session is the presentation of the Union Budget, a comprehensive financial plan that addresses government spending, revenue, and taxation.
  • The Budget Session also deals with various legislative matters, including discussions on economic policies and the passage of financial bills.

Case Law Example: Raja Ram Pal v. Hon'ble Speaker, Lok Sabha (2007)

  • Background: Raja Ram Pal was elected as an independent Member of Parliament (MP) in the Lok Sabha but later joined the Bahujan Samaj Party (BSP).
  • Disqualification: Pal's disqualification was sought under the Anti-Defection Law, alleging that he had violated it by voluntarily leaving the BSP, which he had joined after being elected as an independent candidate.
  • Legal Issue: The central issue was whether Pal's actions amounted to voluntarily giving up his membership of the BSP, as defined under the Tenth Schedule of the Indian Constitution.
  • Supreme Court Decision: The Supreme Court ruled that Raja Ram Pal had indeed voluntarily given up his BSP membership through his actions. The court stressed that the Anti-Defection Law aimed to prevent defections and maintain political party stability and integrity. Any action indicating a conscious decision to leave a party could result in disqualification.

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