Legislative System - Union Legislature
In India we have Bicameral
legislature at Union level Bicameralism is optional at state level.
Bicameralism is optional at state level.
· Bicameralism
was introduced at central level during 1919, Montagu – Chelmsford Act.
· State
level Bicameralism in 1935 GOI act.
· Legislature
at central level is known as Parliament.
· Art-79 defines
parliament as president + LS + RS.
· The
lower house is called “House of People”.
· The
Upper house is called “Council of States”.
· Art-80 deals
with structure and composition of R.S maximum strength of R.S is 250, currently
= 245.
· Of
250,238 are elected indirectly, through the system of proportional
representation indirectly by elected members of state Leg. Ass. (MLAs)
· Remaining
12 are nominated by president in fields of Art, lit, science, social service.
· Presently
233 are elected, 12-nominated.
Election:
- Members of RS
are elected on basis of state.
- Tenure of RS is
parliament.(No dissolution)
- Members
are elected for a term of 6 years. For every 2 years 1/3rd members
retire.
Note: Same procedure is also followed in election of state leg.
Council.
Ex: From A.P 18 members are elected to RS same 18 members from Tamil
Nadu, UP 31 members, Maharashtra= 19 members. Lower house AP members is equal
WB.
Loksabha: {Art-81} Deals with structure of LS
- Maximum L.S
strength: 552
- States elected:
530
- U.T elected: 20
- Anglo Indian
Nominated: 2 (by president if their comm. Do not have proper
representation)
- As of now, it is 545 members. Elected are 543 members.
Note: Original strength of L.S was 525 (1st L.S). But
eventually increase to 552 in 1973 (31st Amend.)
- In 1976,
42nd Amend; strength of L.S was stabilized till 2000
years.
- By 84th Amend,
in NDA Govt., it was extending till 2026. The base population was 1971
census. (Population had uniform growth)
Election:
· Elected
directly
· They
are elected on the basis of territorial representation.
· They
are elected on the majority vote (=1 majority)
· This
is technically known as “First past the post” means “Let the winner get all
votes”.
Note: Some procedure for MLA elections, no. of L.S seats depends on
population.
· L.S
constituencies are delimited according to population. So far 4 times
delimitation committees were appointed.
· Latest
delimitation comm. was appointed under chairman of Justice Kurdeep Singh.
· Accordingly
15 LS seats were delimited. Same also happened in case of MLAs.
Note: For SC, ST Reservation 2001 population was taken as base. So no.
of SC, ST seats have increased.
· The
reservation for SC, ST in L.S and MLAs has been extended till 2020.
· So
far reservation has been extended 10 times.
Qualification:
Loksabha – 25yrs, RajyaSabha - 30yrs. (attained)
-4 pairs of states have same no. of L.S seats.
Tenure:
-
L.S tenure is 5yrs, but may be dissolved
before.
-
President dissolves L.S on the advice of
PM.
-
However president may/may not dissolve on PM’s
advice.
-
Normal tenure of L.S can be extended beyond 5yrs, 1yr
at a time, during times of National Emergency.
-
Parliament extends the normal L.S tenure with simple
resolution. No L.S has been extended due to emergency.
-
However 5th L.S
extended by 1yr but 42nd Amend, 1976, normally 6 yrs.
-
However by 44th Amend,
1978, normal tenure of L.S of 5 yrs has been reverted.
-
5th L.S is longest L.S.
-
Similar procedure can be applied to state
assembly. This extension is also done by parliament.
Note: For qualification of R.S, there was condition that he must be an
ordinary resident of the state from which he is contesting. This has been removed
since 2003.
- Members of R.S
are “elected in an open ballot system”. If necessary, to prevent cross
voting/horse trading.
- Candidate
contesting for MP has to make deposit of Rs/-25,000. (General), SC, ST
(12,500).
Salary:
· Salary
of MPs is determined by parliament itself under Art.106.
· The
salary of MP is not mentioned in 2nd schedule.
· Basic
Honorarium
= 50,000.
Constituency Allowance
= 45,000.
Misc. Expenses
= 45,000
Daily Allowance
= 2000/day.
1, 45,000
· Rent
free accommodation, electricity, gas, and internet.
Disqualifications:
· Art-102,
in case of MP parliament, Art-191 in case of MLAs, MLCs deals with
disqualification.
1. If
any member acquire foreign citizenship.
2. If
any member misuses his office.
3. Proven
criminal charges.
4. Election
malpractices.
5. Non
submission of election accounts in stipulated time.
6. If
he is convicted under untouchability, dowry prohibition.
7. Under
Anti-defection act.
-Governor disqualifies MLAs, MLCs, by consulting EC of India, but
except on 1 group by Anti-defection, “Presiding Officer” disqualifies, on the
complaint of party president.
Vacating Procedure of Seats:
· Resignation,
addressed to presiding officer, with their own handwriting.
· Seat
is said to be vacant if a member is continuously absent for 60 days to the
proceeding of the house without prior permission of president officer.
· Having
deal membership in both the houses
a) Member of one house subsequently
elected to other house, he has to give his intent within 14days else the
membership of former house is deemed to be vacant.
b) If a candidate is elected to both
the houses at a time, he has to opt his intent within 41 days. In such cases
membership of R.S is vacant.
c) If he is elected from 2 constituencies
simultaneous he has to exercise his option within 10 days else both are assumed
to be vacant.
รจ As a rule, no
candidate is allowed to contest in more than 2.
d) If
he is elected for parliament and assembly, he has to resign to assembly else
the membership of parliament is deemed to be vacant.
· If
a member is expelled from the house.
· If
an MP or MLA is elected as President or as Governor, seat is deemed to be
vacant.
· By
election should be conducted within 6 months from the date of vacancy.
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