Parliament & State legislatures

Model Answer

Introduction

The Vice-President of India, as provisioned under Article 66 of the Constitution, serves as the ex-officio Chairman of the Rajya Sabha, which is the Upper House of Parliament. This role is vital for ensuring the effective functioning of the Rajya Sabha and upholding its dignity and decorum.

Key Responsibilities of the Chairman

1. Presiding Officer

As the presiding officer, the Chairman is responsible for maintaining decorum in the House. They have the authority to take disciplinary action against members who disrupt proceedings or violate rules. This role is crucial in facilitating smooth discussions and debates during sessions.

2. Deciding on Points of Order

The Chairman has the authority to decide on points of order raised by members during sessions. This responsibility ensures that the proceedings adhere to parliamentary rules, allowing members to voice concerns regarding procedural matters.

3. Referring Bills and Motions to Committees

The Chairman plays a pivotal role in the legislative process by referring bills, resolutions, and other motions to the appropriate parliamentary committees for detailed examination. This process helps in thorough scrutiny and informed decision-making.

4. Casting Vote

In the event of a tie on any matter being voted upon, the Chairman has the authority to exercise a casting vote. This provision is essential for resolving deadlocks and ensuring that legislative business progresses.

5. Representing the Rajya Sabha

The Chairman represents the Rajya Sabha in its relations with the President of India, the Lok Sabha, and other authorities. This role is significant for maintaining the parliamentary balance and ensuring cooperation between different branches of government.

6. Referral of Money Bills

While the Rajya Sabha has limited powers regarding Money Bills, the Chairman plays a critical role in certifying whether a bill qualifies as a Money Bill under Article 110 of the Constitution. This function is vital for maintaining the legislative framework.

Conclusion

The Vice-President of India, as the Chairman of the Rajya Sabha, undertakes essential responsibilities that uphold the parliamentary democracy of the country. From maintaining order and decorum to facilitating legislative processes and representing the House, the Chairman’s role is instrumental in ensuring the effective functioning of the Rajya Sabha.

Model Answer

Introduction

The Rajya Sabha, the upper house of India’s Parliament, has undergone a remarkable transformation in recent decades. Once dismissed as a ‘useless stepney tyre,’ it has evolved into an indispensable supporting organ, playing a vital role in the legislative process and safeguarding the principles of Indian democracy.

Factors Contributing to Transformation

1. Checks and Balances:
   The Rajya Sabha serves as an essential check on the actions and policies of the Lok Sabha and the executive. By scrutinizing bills and legislation, it ensures that government decisions are well-considered and that minority voices are not suppressed. For instance, in 2015, the Rajya Sabha blocked the controversial Land Acquisition Bill, which was criticized for being anti-farmer and lacking adequate compensation for land acquisition.
2. Representation of States:
   Members of the Rajya Sabha are elected by the State Legislative Assemblies, ensuring equal representation for each state regardless of population size. This balanced representation upholds federalism and protects state interests, as seen in the passage of the Goods and Services Tax (GST) Bill in 2016, where the Rajya Sabha considered the interests of all states.
3. Special Powers:
   The Rajya Sabha has unique powers, such as initiating the creation of All India Services. This was evident in 1951 when it initiated the establishment of services like the Indian Administrative Service, which are crucial for governance.
4. Review and Reconsideration:
   The Rajya Sabha reviews and reconsiders bills passed by the Lok Sabha, allowing for thorough examination and preventing hasty decisions. For example, the Triple Talaq Bill was sent back by the Rajya Sabha for further scrutiny before being passed.
5. Role in Constitutional Amendments:
   The Rajya Sabha plays a critical role in amending the Constitution, as its approval is necessary for any amendments. The 123rd Constitutional Amendment Bill, which granted constitutional status to the National Commission for Backward Classes, was passed by the Rajya Sabha in 2018.
6. Deliberation and Debate:
   The Rajya Sabha provides a platform for informed debate on key policy issues, often featuring experts and experienced politicians. This was evident during the debate on the Citizenship Amendment Act in 2019, which allowed for a detailed examination of its implications.
7. Stability and Continuity:
   Unlike the Lok Sabha, the Rajya Sabha is a permanent house, with one-third of its members retiring every two years. This structure ensures stability and continuity in legislative processes, as seen during the COVID-19 crisis when the Rajya Sabha continued its duties without disruption.

Conclusion

The Rajya Sabha has transformed into a crucial component of India’s parliamentary democracy, playing a vital role in upholding federalism and ensuring thorough legislative scrutiny. While it has made significant strides, there remains potential for further improvement, particularly in enhancing transparency and collaboration with the Lok Sabha.

Model Answer

Introduction

India’s federal structure features a bicameral legislature in several states, comprising an Upper House known as the Legislative Council (Vidhan Parishad) and a Lower House (Legislative Assembly). Currently, states like Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have Legislative Councils, established under specific constitutional provisions.

Constitutional Provisions

Establishment of Legislative Councils

• Article 169: This article empowers Parliament to create or abolish Legislative Councils in states. A resolution must be passed by a majority of the total membership of the Legislative Assembly, with not less than two-thirds of the members present and voting.

Composition and Membership

• Article 171: The composition of the Legislative Council is defined, stating that it should not exceed one-third of the Legislative Assembly’s total members and must have a minimum of 40 members. Members are elected through various methods, including:
  • Indirect elections by the Legislative Assembly.
  • Elections by local authority electorates, graduates, and teachers, as well as nominations by the Governor.

Working of Legislative Councils

• Legislative Councils review and scrutinize bills passed by the Legislative Assembly. However, their powers are limited compared to the Assembly. They can recommend amendments and delay bills but cannot permanently block them. If a bill is not passed within a certain period, the Legislative Assembly can reintroduce it, deeming it passed by both Houses.
• Notably, Legislative Councils cannot initiate or reject Money Bills; they can only suggest amendments.

Current Status and Illustrations

As of now, six states in India maintain Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. A recent example is the abolition of the Legislative Council in Jammu and Kashmir when the state was reorganized into a Union Territory in 2019.

The necessity and relevance of Legislative Councils continue to spark debate. Proponents argue they provide checks on legislation and representation for diverse groups, while critics contend they are a financial burden and often hinder legislative efficiency.

Conclusion

The discussion around Legislative Councils underscores the complexities of balancing diverse interests and effective governance within India’s federal framework, reflecting ongoing challenges in legislative processes.

Model Answer

Introduction

The practice of “Once a Speaker, Always a Speaker” implies that the Speaker should not return to active party politics even after their term ends. This approach aims to impart objectivity and neutrality to the office of the Speaker, which is crucial for maintaining the integrity of parliamentary proceedings.

Potential Benefits

1. Impartiality: Adopting this practice would reinforce the impartiality of the Speaker, as they would not be beholden to any political party during or after their term. This could lead to fairer decision-making and a more balanced approach to managing parliamentary debates.
2. Strengthening Democracy: Ensuring the neutrality of the Speaker would contribute to a healthier democratic process by promoting fair debate and discussion in the house. A non-partisan Speaker can facilitate a more inclusive environment for all political parties.
3. Enhancing Credibility: The perception of the Speaker as an unbiased figure would enhance the credibility of the office and boost public trust in the parliamentary process. This trust is essential for the effective functioning of democracy.

Potential Implications

1. Restriction of Political Career: The practice could be seen as a limitation on the political career of the individual serving as the Speaker, as they would not be able to return to active politics after their term. This might deter experienced politicians from accepting the role.
2. Reduced Incentive for Qualified Candidates: The prospect of not being able to rejoin their party after their term might discourage qualified individuals from taking up the position of the Speaker, potentially leading to a lack of experienced leadership in this critical role.
3. Detachment from Political Realities: A Speaker permanently detached from active politics might lose touch with the evolving political landscape, which could hinder their ability to effectively manage parliamentary proceedings and respond to the needs of the members.
4. Constitutional Challenges: Implementing such a practice might face constitutional challenges, as it could be perceived as an infringement on the individual’s right to participate in political activities, raising questions about the balance between impartiality and political freedom.

Conclusion

Balancing the need for impartiality with the individual’s right to engage in political activities and the practical realities of the political landscape is crucial for ensuring the robust functioning of parliamentary business in India. An alternative approach could be to focus on strengthening the existing norms and conventions that govern the office of the Speaker, rather than imposing a permanent restriction on their political career.