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The Crucible of Governance

An in-depth exploration of India's Parliament, the supreme legislative body, covering its history, structure, powers, and functions.

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Parliamentary Overview

Supreme Legislative Body

The Parliament of India stands as the supreme legislative body of the Republic of India. It operates as a bicameral legislature, comprising two distinct houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President of India, acting as the head of the legislature, possesses the authority to summon, prorogue, and dissolve the Lok Sabha, contingent upon the advice tendered by the Prime Minister and the Union Council of Ministers.

Members of Parliament

Individuals elected or nominated to serve in either house are designated as Members of Parliament (MPs). The members of the Lok Sabha are directly elected by the citizenry of India, based on universal adult suffrage. Conversely, members of the Rajya Sabha are elected by the elected members of the state legislative assemblies through a system of proportional representation. Collectively, the Parliament represents the largest democratic electorate globally.

Seat of Power

The legislative proceedings of the Parliament are conducted within the hallowed halls of Sansad Bhavan in New Delhi. The inauguration of the New Parliament Building (Sansad Bhavan) on May 28, 2023, marked a significant advancement, offering enhanced capacity and modern facilities, situated adjacent to the historically significant original structure.

Historical Evolution

From Imperial Council to Republic

During the era of British rule, the Imperial Legislative Council, established via the Indian Councils Act of 1861, functioned as the primary legislative entity. Following India's attainment of independence in 1947, the Constituent Assembly of India was convened with the mandate to draft the nation's Constitution. Upon the Constitution's enforcement on January 26, 1950, the Constituent Assembly was dissolved, and its legislative functions were assumed by the Parliament of India.

Foundational Milestones

The Parliament of India officially commenced its operations on January 26, 1950. Prior to this, the Constituent Assembly played an instrumental role in formulating the foundational legal framework of the nation, the Constitution of India, before its legislative responsibilities were transferred to the newly established Parliament.

Architectural Heritage

Old Parliament House (Samvidhan Sadan)

The original Parliament House in New Delhi, designed by renowned architects Edwin Lutyens and Herbert Baker, was inaugurated in 1927. This iconic circular structure, measuring 170 meters in diameter, was constructed at an approximate cost of ₹8.3 million. It holds profound historical significance, having served as the venue for the deliberations and adoption of the Indian Constitution.

New Parliament Building (Sansad Bhavan)

Inaugurated on May 28, 2023, the new Sansad Bhavan was conceived to address the spatial limitations and structural considerations of the preceding building. This contemporary triangular edifice, encompassing approximately 65,000 square meters of built-up area, features significantly expanded chambers for the Lok Sabha (accommodating up to 888 members, with a joint session capacity of 1,272) and the Rajya Sabha (capacity for up to 384 members). The architectural design thoughtfully incorporates thematic elements inspired by India's national symbols—the peacock motif for the Lok Sabha chamber and the lotus theme for the Rajya Sabha chamber—alongside a dedicated Constitutional Hall.

Legislative Structure

Lok Sabha (House of the People)

The Lok Sabha, often referred to as the lower house, comprises 543 elected members who represent distinct single-member parliamentary constituencies. Eligibility for voting extends to all citizens of India who have attained the age of 18 years. The Lok Sabha has a maximum sanctioned strength of 550 members. Notably, it includes reserved seats: 84 for Scheduled Castes and 47 for Scheduled Tribes. The term of the Lok Sabha is five years, though it may be dissolved earlier.

Rajya Sabha (Council of States)

The Rajya Sabha, functioning as the upper house, is a permanent legislative body, not subject to dissolution. It can accommodate a maximum of 250 members. Currently, its sanctioned strength stands at 245 members, consisting of 233 members elected indirectly by the legislative assemblies of states and union territories, and 12 members nominated by the President based on their expertise in fields such as literature, art, science, and social service. Members serve a six-year term, with one-third retiring biennially. The minimum age requirement for membership is 30 years, and there are no provisions for caste-based reservations.

Parliamentary Authority

Legislative Powers

The Parliament is vested with the authority to enact laws pertaining to subjects enumerated in the Union and Concurrent Lists of the Constitution. Legislative proposals, in the form of bills, must be passed by both houses and receive Presidential assent to become Acts of Parliament. The Parliament also possesses the power to amend the Constitution through a special majority and holds exclusive jurisdiction over residuary powers.

Financial Powers

Crucially, Parliament is responsible for the formulation and approval of the Union Budget. It levies taxes, including income tax, GST, and customs duties, and exercises control over public expenditure. This financial oversight ensures governmental accountability and transparency in the allocation and utilization of national resources.

Executive Powers

The Parliament exercises indirect control over the executive branch through its oversight of the Council of Ministers, which is collectively responsible to it. Members of Parliament engage in scrutiny via Question Hour, motions, and debates. Furthermore, Parliament can remove the government from power through a vote of no confidence, provided it fails to maintain majority support in the Lok Sabha.

Oversight Powers

Parliamentary oversight is maintained through various mechanisms, including Question Hour, where ministers respond to queries. It also appoints specialized committees, such as the Public Accounts Committee and the Estimates Committee, to examine government policies and expenditures. Additionally, Parliament holds the significant power to initiate impeachment proceedings against the President, Vice President, and judges for violations of the Constitution.

Conduct of Business

Annual Sessions

The Parliament typically convenes for three primary sessions each year: the Budget Session (February to May), the Monsoon Session (July to August), and the Winter Session (November to December). The Constitution mandates that no more than a six-month gap should exist between sessions, ensuring regular parliamentary functioning. Special sessions may also be convened to address emergent national issues.

  • Budget Session: This crucial session focuses on the presentation, discussion, and approval of the annual Union Budget, outlining the government's fiscal policies and priorities.
  • Monsoon Session: Primarily dedicated to legislative business, this session allows for the introduction and debate of bills, alongside discussions on matters of national importance.
  • Winter Session: Serving as the final parliamentary session of the year, it involves a review of government performance, legislative discussions, and accountability measures.
  • Special Sessions: These are convened outside the regular schedule to address specific, urgent national concerns requiring focused deliberation and swift action.

Parliamentary Committees

Specialized Deliberation

Parliamentary committees are integral to the legislative process, formed to undertake detailed examination of specific subjects. These committees facilitate in-depth analysis, enabling members to conduct studies and formulate informed conclusions. They are broadly classified into two main categories:

  • Standing Committees: These are permanent committees established in accordance with parliamentary acts or procedural rules. Their work is continuous and covers various domains, such as the Estimates Committee, Public Accounts Committee, and departmental standing committees.
  • Ad Hoc Committees: Appointed for specific purposes or to investigate particular issues, these committees are temporary and cease to exist upon the submission of their final report. Examples include Joint Parliamentary Committees (JPCs) formed to scrutinize specific legislation or address critical national matters.

Legislative Privileges

Safeguarding Functionality

Parliamentary privileges encompass the essential rights and immunities afforded to Members of Parliament and the institution itself, ensuring the effective and independent discharge of legislative duties. These privileges are designed to protect parliamentarians from external interference and legal repercussions, thereby fostering an environment conducive to open debate and robust governance.

  • Freedom of Speech: Members are guaranteed the liberty to express their opinions and viewpoints within Parliament without fear of legal prosecution or external reprisal.
  • Immunity from Legal Action: Parliamentarians are protected from civil and criminal proceedings concerning statements made or actions taken during parliamentary proceedings or committee work.
  • Access to Information: The right to access necessary information from government bodies is granted, enabling MPs to conduct thorough scrutiny and make informed legislative decisions.
  • Control over Internal Affairs: Parliament possesses the autonomy to regulate its internal proceedings, maintain decorum, and enforce its rules and procedures, ensuring operational independence.
  • Protection from Arrest: Members are granted immunity from arrest in civil cases during parliamentary sessions, ensuring their availability for legislative duties.

Code of Conduct

Ethical Standards

To uphold principles of transparency, accountability, and ethical governance, Parliamentarians adhere to a defined code of conduct. This framework emphasizes key behavioral standards essential for maintaining public trust and the integrity of the legislative process:

  • Transparency: Mandates the disclosure of financial interests and ensures public accessibility to parliamentary proceedings for scrutiny.
  • Conflict of Interest: Requires parliamentarians to avoid situations where personal interests might conflict with public duties, supported by clear guidelines for disclosure and recusal.
  • Respectful Discourse: Encourages constructive debates, adherence to decorum, and avoidance of personal attacks, fostering a deliberative environment.
  • Attendance and Participation: Emphasizes commitment through regular attendance and active engagement in parliamentary sessions and committee work.
  • Responsible Use of Privileges: Stipulates that parliamentary privileges must be exercised ethically and not abused, ensuring they serve their intended purpose of facilitating legislative function.
  • Accountability: Promotes regular communication with constituents and responsiveness to their concerns, ensuring parliamentarians remain accountable to the electorate.
  • Prohibition of Corruption: Enforces stringent anti-corruption measures, including asset declaration and adherence to anti-corruption laws, with penalties for misconduct.

Significant Incidents

2001 Parliament Attack

On December 13, 2001, the Parliament complex was targeted in a terrorist attack, resulting in the loss of lives among security personnel and the perpetrators. This incident significantly heightened diplomatic tensions between India and Pakistan and prompted a comprehensive review and enhancement of parliamentary security protocols.

2023 Parliament Security Breach

On December 13, 2023, a security breach occurred within the Parliament premises when protestors gained unauthorized access to the Lok Sabha chamber, releasing smoke canisters. This event triggered widespread condemnation, led to investigations into security lapses, and resulted in the suspension of numerous Members of Parliament who were protesting the incident.

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References

References

A full list of references for this article are available at the Parliament of India Wikipedia page

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Important Notice

This content has been generated by an Artificial Intelligence and is intended for educational and informational purposes only. It is based on publicly available data and may not be exhaustive or entirely up-to-date.

This is not official government advice. The information provided is not a substitute for consulting official parliamentary documentation or seeking expert advice on legislative matters. Always refer to official sources for the most accurate and current information.

The creators of this page are not responsible for any errors or omissions, or for any actions taken based on the information provided herein.