SESSIONS OF PARLIAMENT

Summoning

The President from time to time summons each House of Parliament to meet. The maximum gap between two sessions cannot be more than six months. In other words, the Parliament must meet at least twice a year.There are usually three sessions in a year:

• Budget Session (February to May)
• Monsoon Session (July to September)
• Winter Session (November to December)

A session is the period spanning between the first sitting of a House and its prorogation (or dissolution in the case of Lok Sabha). During a session, the House meets every day to transact business. The period between the prorogation of a House and its reassembly in a new session is called recess.

ADJOURNMENT

A session of Parliament consists of many meetings. Each meeting of a day consists of two sittings:

• Morning sitting (11 am to 1 pm)
• Post-lunch sitting (2 pm to 6 pm)

A sitting of Parliament can be terminated by:

• Adjournment
• Adjournment sine die
• Prorogation
• Dissolution (only for Lok Sabha)

An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks.

ADJOURNMENT SINE DIE

Adjournment sine die means terminating a sitting of Parliament for an indefinite period. In other words, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die.The power of adjournment and adjournment sine die lies with the presiding officer of the House. He can also call a sitting of the House before the date or time to which it has been adjourned.

PROROGATION

The presiding officer (Speaker or Chairman) declares the House adjourned sine die when the business of a session is completed. Within the next few days, the President issues a notification for prorogation of the session.The President can also prorogue the House while it is in session.

DISSOLUTION

The Rajya Sabha, being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject to dissolution.Unlike prorogation, dissolution ends the very life of the existing House, and a new House is constituted after general elections are held.The dissolution of the Lok Sabha may take place in two ways:

1. Automatic dissolution on expiry of its tenure of five years (or extended period during emergency).
2. Dissolution by the President before completion of tenure.

Effect of Dissolution on Bills

• A bill pending in the Lok Sabha lapses (whether originating there or transmitted from Rajya Sabha).
• A bill passed by Lok Sabha but pending in Rajya Sabha lapses.
• A bill pending in Rajya Sabha but not passed by Lok Sabha does not lapse.
• A bill passed by both Houses but pending assent of the President does not lapse.
• A bill returned by the President for reconsideration does not lapse.
• A bill where joint sitting has been notified before dissolution does not lapse.

All other business including motions, resolutions, notices and petitions lapse and must be reintroduced in the newly constituted Lok Sabha.

ADJOURNMENT VS PROROGATION

Adjournment

• Terminates a sitting and not a session
• Done by Presiding Officer of the House
• Does not affect bills or pending business

Prorogation

• Terminates a session of the House
• Done by the President of India
• Ends session but does not affect pending bills

QUORUM

Quorum is the minimum number of members required to be present in the House before it can transact any business.It is one-tenth of the total number of members of each House including the presiding officer.

• Lok Sabha: 55 members
• Rajya Sabha: 25 members

If there is no quorum during a meeting, it is the duty of the presiding officer to adjourn the House or suspend the meeting until quorum is met.

LAME-DUCK SESSION

A lame-duck session refers to the last session of the existing Lok Sabha after a new Lok Sabha has been elected.Members of the existing Lok Sabha who could not get re-elected to the new Lok Sabha are called lame-ducks.

DEVICES OF PARLIAMENTARY PROCEEDINGS

Question Hour

The first hour of every parliamentary sitting is allotted to Question Hour. During this time, members ask questions and ministers provide answers.Types of questions:

• Starred Question: Requires oral answer and allows supplementary questions
• Unstarred Question: Requires written answer and no supplementary questions
• Short Notice Question: Asked with less than 10 days’ notice, answered orally

Questions can also be addressed to private members if related to any bill, resolution or matter for which that member is responsible.

ZERO HOUR

Zero Hour is not mentioned in the Rules of Procedure. It is an informal device available to members to raise matters without prior notice.It starts immediately after Question Hour and lasts until the agenda for the day is taken up.It is an Indian innovation in parliamentary procedures and has been in existence since 1962.

MOTIONS

No discussion on a matter of general public importance can take place except on a motion made with the consent of the presiding officer. The House expresses its decisions through adoption or rejection of motions.

Types of Motions

1. Substantive Motion
   A self-contained independent proposal dealing with a very important matter such as impeachment of the President or removal of Chief Election Commissioner.
2. Substitute Motion
   A motion moved in substitution of an original motion, proposing an alternative. If adopted, it supersedes the original motion.
3. Subsidiary Motion
   A motion that by itself has no meaning and cannot stand independently.

CLOSURE MOTION

A Closure Motion is moved by a member to cut short the debate on a matter before the House. If approved, debate stops and the matter is put to vote.

Types of Closure

• Simple Closure: Matter is sufficiently discussed and put to vote
• Closure by Compartments: Clauses are grouped and voted part-wise
• Kangaroo Closure: Only important clauses are taken up, others are skipped
• Guillotine Closure: Undiscussed clauses are also put to vote due to lack of time

PRIVILEGE MOTION

Privilege Motion is concerned with breach of parliamentary privileges by a minister or member. It is moved when a member feels that facts have been withheld or incorrect information has been given.Its purpose is to censure the concerned minister or member.

ADJOURNMENT MOTION

Adjournment Motion is introduced to draw attention of the House to a definite matter of urgent public importance.

• Requires support of 50 members
• Interrupts normal business of the House
• Has an element of censure against the government
• Not permitted in Rajya Sabha
• Discussion should last for not less than two hours and thirty minutes

Restrictions

• Must be definite, factual and urgent
• Should relate to a specific and recent matter
• Should not raise a question of privilege
• Should not revive a matter already discussed in the same session
• Should not deal with a matter under adjudication
• Should not raise issues that can be raised through other motions

NO-CONFIDENCE MOTION

Under the principle of collective responsibility, the Council of Ministers remains in office only as long as it enjoys the confidence of the Lok Sabha.A No-Confidence Motion is moved to test this majority. If passed, the government must resign.

CONFIDENCE MOTION

The Confidence Motion has emerged as a procedural device to deal with situations arising from fractured mandates, minority governments and coalition governments. Governments formed with wafer-thin majority may be called upon by the President to prove their majority on the floor of the House.The government may also, on its own, seek to prove its majority by moving a Confidence Motion and winning the confidence of the House. If the motion is negatived, it results in the fall of the government.

CENSURE MOTION VS NO-CONFIDENCE MOTION

Censure Motion

• Must state reasons for its adoption in the Lok Sabha
• Can be moved against an individual minister, group of ministers or entire Council of Ministers
• Moved for censuring specific policies or actions
• If passed, the Council of Ministers need not resign

No-Confidence Motion

• No reasons need to be stated
• Can be moved only against the entire Council of Ministers
• Moved for ascertaining confidence of Lok Sabha in the Council of Ministers
• If passed, the Council of Ministers must resign

MOTION OF THANKS

The first session after each general election and the first session of every fiscal year is addressed by the President.In this address, the President outlines the policies and programmes of the government for the preceding and ensuing year. This address corresponds to the ‘speech from the throne’ in Britain.The address is discussed in both Houses on a motion called the Motion of Thanks. At the end of the discussion, the motion is put to vote. It must be passed in the House; otherwise, it amounts to the defeat of the government.

NO-DAY-YET-NAMED MOTION

A No-Day-Yet-Named Motion is a motion that has been admitted by the Speaker but no date has been fixed for its discussion.The Speaker, after considering the business of the House and in consultation with the leader of the House or on the recommendation of the Business Advisory Committee, allots time for discussion of such motion.

DILATORY MOTION

A Dilatory Motion is moved for the adjournment of debate on a bill, motion or resolution, or to delay the progress of business under consideration of the House.It can be moved by a member at any time after a motion has been made. The debate must be restricted to the matter contained in the motion. If the Speaker considers it an abuse of rules, he may either put the question immediately or refuse to admit it.

POINT OF ORDER

A member can raise a Point of Order when the proceedings of the House do not follow the normal rules of procedure.It must relate to the interpretation or enforcement of the Rules of the House.

SPECIAL MENTION

A matter which is not a point of order and cannot be raised during Question Hour, Half-an-Hour Discussion, Short Duration Discussion, Adjournment Motion or Calling Attention Notice can be raised under Special Mention in the Rajya Sabha.Its equivalent in the Lok Sabha is known as Notice (Mention) under Rule 377.

LEGISLATIVE PROCEDURE IN PARLIAMENT

The legislative procedure is identical in both Houses of Parliament. Every bill has to pass through the same stages in each House. A bill becomes an Act when duly enacted.Bills introduced in Parliament are of two types:

• Public Bills (Government Bills)
• Private Bills (Private Members’ Bills)

Classification of Bills

1. Ordinary Bills – Concerned with matters other than financial subjects
2. Money Bills – Concerned with taxation, public expenditure etc.
3. Financial Bills – Concerned with financial matters but different from money bills
4. Constitution Amendment Bills – Concerned with amendment of the Constitution

PUBLIC BILL VS PRIVATE BILL

Public Bill

• Introduced by a minister
• Reflects policies of the government (ruling party)
• Has greater chance of approval
• Rejection amounts to want of parliamentary confidence and may lead to resignation
• Requires seven days’ notice
• Drafted by concerned department in consultation with law department

Private Bill

• Introduced by any member other than a minister
• Reflects stand of opposition on public matter
• Has lesser chance of approval
• Rejection has no implication on government stability
• Requires one month’s notice
• Drafted by the member concerned

STAGES OF AN ORDINARY BILL

1. First Reading

An ordinary bill can be introduced in either House by a minister or any other member. The member must take the leave of the House.At this stage, the bill is introduced by reading its title and objectives, and no discussion takes place. The bill is later published in the Gazette of India.If published before introduction, leave of the House is not necessary.

2. Second Reading

This is the most important stage, involving detailed scrutiny. It consists of three sub-stages:

(a) General Discussion

The principles and provisions of the bill are discussed, but not the details.The House may:

• Take the bill into consideration
• Refer it to a Select Committee
• Refer it to a Joint Committee of both Houses
• Circulate it for public opinion

(b) Committee Stage

The committee examines the bill clause by clause, can amend provisions but cannot alter the basic principles. It then submits its report.

(c) Consideration Stage

The House considers the bill clause by clause. Amendments may be moved and adopted.

3. Third Reading

Debate is confined to acceptance or rejection of the bill as a whole. No amendments are allowed. If passed, the bill is transmitted to the other House.

4. Bill in the Second House

The bill goes through all three readings again. The second House may:

• Pass the bill as it is
• Pass with amendments and return it
• Reject the bill
• Keep it pending

If both Houses agree, the bill is deemed passed.In case of disagreement, a deadlock arises.

JOINT SITTING OF TWO HOUSES

Joint sitting is an extraordinary mechanism to resolve deadlock between the two Houses.Deadlock arises when:

1. One House passes the bill and the other rejects it
2. Houses disagree on amendments
3. More than six months elapse without passage

The President summons a joint sitting. If the majority present and voting approves, the bill is deemed passed.Joint sitting is applicable to ordinary bills and financial bills only, and not to money bills or constitutional amendment bills.

ASSENT OF THE PRESIDENT

After being passed by both Houses, the bill is presented to the President. The President may:

• Give assent
• Withhold assent
• Return the bill for reconsideration

If passed again, the President must give assent. Thus, the President has only a suspensive veto.

MONEY BILL (ARTICLE 110)

A bill is deemed a Money Bill if it contains provisions dealing with:

• Imposition, abolition or regulation of tax
• Borrowing of money by the Union
• Custody of Consolidated Fund or Contingency Fund of India
• Appropriation of money out of Consolidated Fund
• Declaration of charged expenditure
• Receipt or audit of Union accounts
• Matters incidental to above

The decision whether a bill is a Money Bill is final with the Speaker of Lok Sabha.

PROCEDURE OF MONEY BILL

• Can be introduced only in Lok Sabha
• Only on recommendation of the President
• Can be introduced only by a minister

After passing in Lok Sabha, it is sent to Rajya Sabha:

• Rajya Sabha cannot reject or amend
• Can only make recommendations
• Must return within 14 days

Lok Sabha may accept or reject recommendations.If not returned within 14 days, it is deemed passed.Finally, the President may:

• Give assent
• Withhold assent
  But cannot return the bill for reconsideration

FINANCIAL BILLS

Financial bills deal with revenue or expenditure and are of three types:

1. Money Bills (Article 110)
2. Financial Bills (I) – Article 117(1)
3. Financial Bills (II) – Article 117(3)

All Money Bills are Financial Bills, but all Financial Bills are not Money Bills.

FINANCIAL BILL (I)

• Contains matters of Article 110 + other provisions
• Introduced only in Lok Sabha
• Requires President’s recommendation
• Can be amended or rejected by Rajya Sabha
• In case of deadlock, joint sitting possible
• President can return the bill

FINANCIAL BILL (II)

• Involves expenditure from Consolidated Fund but does not contain matters of Article 110
• Treated like an ordinary bill
• Can be introduced in either House
• President’s recommendation required only at consideration stage
• Governed by ordinary legislative procedure

ORDINARY BILL VS MONEY BILL

Ordinary Bill

• Introduced in either House
• Introduced by minister or private member
• No recommendation of President required
• Rajya Sabha has equal powers
• Can be detained up to six months
• Joint sitting possible
• President can return the bill

Money Bill

• Introduced only in Lok Sabha
• Introduced only by a minister
• Requires President’s recommendation
• Rajya Sabha has limited powers
• Can be detained only for 14 days
• No joint sitting
• President cannot return the bill

KEY UPSC TAKEAWAYS

• Speaker decides Money Bill → Final authority
• 14 days rule → Rajya Sabha limitation
• Joint sitting → Not for Money Bill / Constitutional Amendment
• Financial Bill (I) ≠ Money Bill
• President → Suspensive veto (not absolute in ordinary bills)

 BUDGET & PARLIAMENTARY FINANCIAL PROCEDURE – QUICK REVISION

BUDGET IN PARLIAMENT

• The Constitution refers to the budget as “Annual Financial Statement” (Article 112)
• It contains:
  • Estimated receipts & expenditure
  • Taxation proposals
  • Economic policy of government

Components of Budget

• Revenue & Capital Receipts
• Expenditure Estimates
• Fiscal Deficit/Surplus
• Policy proposals

 RAILWAY BUDGET MERGER

• Earlier:
  • Railway Budget (1924 – Acworth Committee)
  • General Budget
• Merged in 2017 → Now only “Union Budget”

STAGES OF BUDGET IN PARLIAMENT (VERY IMPORTANT)

👉 (PDSSVAF Trick)

1. Presentation of Budget
2. General Discussion
3. Scrutiny by Departmental Committees
4. Voting on Demands for Grants
5. Passing of Appropriation Bill
6. Passing of Finance Bill

1. PRESENTATION OF BUDGET

• Presented by Finance Minister in Lok Sabha
• Since 2017 → 1st February
• No discussion on same day

 2. GENERAL DISCUSSION

• Takes place in both Houses
• No voting
• Only broad discussion on policy

3. SCRUTINY BY COMMITTEES

• 24 Departmental Standing Committees
• Examine Demands for Grants
• Strengthens parliamentary financial control

4. VOTING ON DEMANDS FOR GRANTS

• ONLY LOK SABHA votes
• Rajya Sabha → NO voting power

🔸 Important Points

• Each demand voted separately
• Applies only to votable expenditure
• Charged expenditure → NOT voted (only discussed)

CUT MOTIONS (VERY IMPORTANT)

Used to reduce demand for grants

Types:

1. Policy Cut Motion
   • Amount reduced to ₹1
   • Shows disapproval of policy
2. Economy Cut Motion
   • Reduction by specific amount
3. Token Cut Motion
   • Reduction by ₹100
   • Highlights specific grievance

👉 Rarely passed → because govt majority

GUILLOTINE

• Remaining demands put to vote without discussion
• Used due to time constraint

5. APPROPRIATION BILL

• Based on Article 114
• Authorizes withdrawal from:
  • Consolidated Fund of India (CFI)

🔸 Key Points

• Covers:
  • Voted expenditure
  • Charged expenditure
• No amendments allowed
• Becomes Appropriation Act

👉 Govt cannot withdraw money without this Act

VOTE ON ACCOUNT

• Temporary grant for 2 months
• Usually 1/6th of total expenditure
• Used when budget not fully passed

6. FINANCE BILL

• Gives effect to tax proposals
• Must be passed within 75 days

CHARGED EXPENDITURE

👉 NOT VOTED, ONLY DISCUSSEDIncludes:

• President’s salary
• Judges of Supreme Court & High Court
• CAG
• Chairman & Speaker salaries
• Debt charges

OTHER GRANTS (EXAM FAVORITE)

• Supplementary Grant → extra requirement
• Additional Grant → new service
• Excess Grant → overspending
• Vote of Credit → emergency/unforeseen
• Exceptional Grant → special purpose
• Token Grant → reallocation

FUNDS OF INDIA (ARTICLE 266 & 267)

🔹 1. CONSOLIDATED FUND OF INDIA (CFI)

• All:
  • Revenues
  • Loans
  • Recoveries
• Withdrawal ONLY after Parliamentary approval

🔹 2. PUBLIC ACCOUNT OF INDIA

• Includes:
  • PF deposits
  • Savings deposits
  • Judicial deposits
• No parliamentary approval needed
• Operated by Executive

🔹 3. CONTINGENCY FUND OF INDIA

• For emergency expenditure
• Controlled by President
• Later approved by Parliament

KEY EXAM HIGHLIGHTS (MOST IMPORTANT)

• Lok Sabha dominates financial matters
• Rajya Sabha has limited role
• Money Bill → ONLY Lok Sabha
• Charged expenditure → No voting
• Cut motions = tool of opposition
• Guillotine = time-saving device
• Vote on Account = temporary funding

ULTRA-SHORT REVISION (1 MINUTE)

• Budget = Annual Financial Statement (Art 112)
• Stages = PDSSVAF
• LS votes, RS discusses
• Cut motions = 3 types
• Appropriation Bill → withdraw money
• Finance Bill → taxation
• Charged expenditure → NOT voted
• Funds = CFI + Public Account + Contingency