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UPSC Civil ServicesStage 2: Main Examination

Parliament and State Legislatures

What the official syllabus says

Main Examination, Paper III: General Studies II (Governance, Constitution, Polity, Social Justice and International relations):

  • Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

Topics in detail

Structure

  • Parliament: the President, the Lok Sabha and the Rajya Sabha (Article 79)
  • Composition of the Lok Sabha (Article 81) and the Rajya Sabha (Article 80); election of Rajya Sabha members by proportional representation through the single transferable vote; nominated members
  • Delimitation (Article 82) and the freeze on seat allocation; reservation of seats for SCs and STs (Articles 330 and 332) and for women (106th Amendment)
  • Qualifications and disqualifications of members (Articles 84, 102, 191); the Tenth Schedule (anti-defection) and Kihoto Hollohan (1992)
  • State legislatures: unicameral and bicameral states (Article 168); creation and abolition of Legislative Councils (Article 169); composition of the Council (Article 171)

Presiding officers and their role

  • Speaker and Deputy Speaker (Articles 93 to 96); pro tem Speaker
  • Chairman of the Rajya Sabha (the Vice-President) and Deputy Chairman
  • Speaker’s powers: certifying money bills, deciding disqualification under the Tenth Schedule; debates on neutrality

Functioning and conduct of business

  • Sessions: summoning, prorogation and dissolution (Article 85); adjournment and adjournment sine die by the presiding officer
  • Question Hour, Zero Hour, adjournment motion, calling attention, no-confidence and censure motions, short-duration discussions
  • Legislative procedure: ordinary bills, money bills (Article 110), financial bills (Article 117), constitutional amendment bills; joint sitting (Article 108)
  • The President’s assent and veto (Article 111); ordinances (Article 123); state bills and the Governor (Article 200)
  • Budget process: Annual Financial Statement (Article 112), demands for grants, cut motions, Appropriation Bill (Article 114), Finance Bill, vote on account (Article 116)
  • Consolidated Fund, Contingency Fund and Public Account (Articles 266 and 267)

Parliamentary committees

  • Financial committees: Public Accounts Committee, Estimates Committee, Committee on Public Undertakings
  • Departmentally Related Standing Committees (since 1993); joint and select committees on bills
  • Business Advisory Committee, Committee of Privileges, Ethics Committee, Committee on Subordinate Legislation
  • Role of committees in scrutiny of bills, budgets and delegated legislation

Powers and privileges

  • Articles 105 and 194: freedom of speech in the House, immunity from court proceedings, the right to publish proceedings
  • Collective and individual privileges; breach of privilege and contempt of the House
  • Debate on codifying privileges; privilege and freedom of the press

Issues arising out of these

  • Declining number of sittings and frequent disruptions; time for debate on bills
  • Bills passed without committee scrutiny; use of the money bill route; frequent ordinances
  • Anti-defection law: role of the Speaker, delays in deciding petitions, effect on members’ freedom
  • Criminalisation of politics and quality of representation
  • Role of the Rajya Sabha as a federal chamber; relevance and cost of Legislative Councils
  • Private members’ bills, the office of Leader of the Opposition, parliamentary research support

Overlaps

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