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Polity · CDS

POC07 — Parliament

⚖ POC07 · Indian Polity – VII · Chapter 7 CDS Level ★ High Priority

📌 CDS Focus: Parliament is one of the most-tested Polity topics in CDS. Key areas: Rajya Sabha vs Lok Sabha differences (special powers of RS, who elects RS members, tenure), Money Bill definition (Art. 110), anti-defection law (52nd Amendment), Speaker's powers, types of motions, Joint Sitting, and the PAC. Questions also test quorum, Question Hour vs Zero Hour, and types of bills.

Indian Parliament — Composition at a Glance

PART A — RAJYA SABHA & LOK SABHA

1. Rajya Sabha vs Lok Sabha — Comparison

Feature	Rajya Sabha (Upper House)	Lok Sabha (Lower House)
Max Strength	250 (238 elected + 12 nominated by President)	552 (530 states + 20 UTs + 2 Anglo-Indians nominated) — Anglo-Indian nomination abolished by 104th Amendment 2019
Current Strength	245	543
Elected by	Elected members of State Legislative Assemblies (MLAs) by Single Transferable Vote	Directly elected by people of India (Universal Adult Franchise)
Term of member	6 years	5 years (from date of first sitting after general election)
House tenure	Permanent body — cannot be dissolved; 1/3rd members retire every 2 years	Can be dissolved by President on PM's advice
Presiding Officer	Chairman = Vice-President (ex-officio); Deputy Chairman elected by RS members	Speaker elected by LS members; Deputy Speaker elected by LS
Minimum age	30 years	25 years
Quorum	1/10th of total membership = 25	1/10th of total membership = 55
Money Bills	Can only suggest amendments; must pass within 14 days — otherwise deemed passed by Lok Sabha	Originates here only; LS has complete control

1.1 Special Powers of Rajya Sabha PYQ Direct

📌 Exclusive Powers of RS

Article 249 — RS can pass resolution (by 2/3rd majority) to enable Parliament to legislate on a State List subject for national interest (lasts 1 year; renewable)
Article 312 — RS can pass resolution (by 2/3rd majority) to create new All-India Services
These two are exclusive to Rajya Sabha — Lok Sabha cannot do this

📌 Powers of Lok Sabha

Money Bills — LS has exclusive power; RS can only suggest, not amend/reject
No-Confidence Motion — can only be passed in Lok Sabha; defeats government
In a Joint Sitting dispute, Lok Sabha view prevails (due to larger numbers)
Annual Financial Statement (Budget) presented in Lok Sabha

1.2 Anti-Defection Law — 10th Schedule High Priority PYQ

Anti-Defection Law: Added to the Constitution by the 52nd Amendment (1985) as the 10th Schedule. A member is disqualified if: (1) Voluntarily gives up party membership, (2) Votes against party direction/abstains in a parliamentary vote contrary to party directions, (3) In case of merger — if less than 2/3rd of the party members agree. Decision on disqualification is made by the Speaker (LS) or Chairman (RS) — NOT the court (though judicial review is possible). Nominated members can join a party within 6 months.

PART B — LEGISLATIVE PROCESS & TYPES OF BILLS

2. Types of Bills & Legislative Process

Type of Bill	Key Feature	Article / Notes
Ordinary Bill	Can originate in either House; both Houses must pass; if deadlock → Joint Sitting (Art. 108)	Art. 107–109; President can return once for reconsideration
Money Bill	Only in Lok Sabha; RS cannot amend/reject (only suggest); President's prior recommendation required; RS gets 14 days; Speaker certifies	Art. 110; includes taxation, appropriation, borrowing
Financial Bill (Category I)	Contains Money Bill matters + other matters; treated like a money bill; can only originate in LS	Art. 117(1)
Financial Bill (Category II)	Involves expenditure from Consolidated Fund but NOT a Money Bill; can originate in either House; RS can amend/reject	Art. 117(3)
Constitutional Amendment Bill	Art. 368; cannot be introduced in Joint Sitting; must pass each House separately	Special majority + (some cases) state ratification; no joint sitting for such bills

2.1 Money Bill — Article 110 Maximum PYQs

Article 110 — Definition of Money Bill: A bill is a Money Bill if it contains ONLY provisions dealing with: (1) imposition, abolition, remission, alteration, or regulation of any tax; (2) regulation of borrowing by the government; (3) custody of the Consolidated Fund or Contingency Fund; (4) appropriation of moneys out of the Consolidated Fund; (5) declaring expenditure charged on the Consolidated Fund; (6) receipt of money on account of the Consolidated Fund; (7) any matter incidental to above. The Speaker certifies whether a bill is a money bill — this certification is final.

2.2 Joint Sitting — Article 108

Joint Sitting: Called by President when there is a deadlock between both Houses on an Ordinary Bill. Presided by Speaker of Lok Sabha. Since Lok Sabha has more members, the Lok Sabha's view generally prevails. Money Bills and Constitutional Amendment Bills CANNOT be passed at a joint sitting. Joint sittings have been held only 3 times in India's history: Dowry Prohibition Bill (1961), Banking Service Commission (Repeal) Bill (1978), POTA (Prevention of Terrorism Act) (2002).

PART C — PARLIAMENTARY PROCEDURES

3. Parliamentary Procedures & Sessions

📌 Sessions of Parliament

Budget Session — February to May (longest; most important — budget presented)
Monsoon Session — July to August/September
Winter Session — November to December
Minimum 2 sessions per year; gap between sessions cannot exceed 6 months
Prorogation = ending a session by President; Adjournment = temporary suspension within a session; Dissolution = end of Lok Sabha's life

📌 Question Hour & Zero Hour

Question Hour = First hour of every parliamentary sitting; MPs ask questions to ministers; 3 types: Starred (oral + supplementary), Unstarred (written answer), Short Notice Question
Zero Hour = Informal; starts at 12 noon; MPs raise matters of urgent public importance; NOT mentioned in Rules of Procedure
Zero Hour is India's own innovation — not found in UK/USA
Starred question = marked with *, requires oral answer + supplementary questions allowed

3.1 Types of Motions PYQ

Motion	Purpose / Notes	House
No-Confidence Motion	Defeats the government if passed; CoM must resign; requires absolute majority of LS (272 if all 543 present and vote)	Lok Sabha only
Censure Motion	Against a specific minister(s) for specific failure; does NOT require government to resign if passed	Lok Sabha only
Adjournment Motion	Raise urgent public matter; must specify definite matter of urgent public importance; requires leave of House; if admitted, suspends other business	Lok Sabha only
Calling Attention Motion	Member calls attention of minister to a matter of public importance; minister makes a statement; no debate	Both Houses
Cut Motions	Move to reduce expenditure demand; 3 types: Disapproval of Policy Cut, Economy Cut, Token Cut	Lok Sabha (on demands for grants)
Closure Motion	End debate on a matter before House; 4 types: Simple, Kangaroo, Guillotine, Compartmental	Both Houses

PART D — SPEAKER, COMMITTEES & PRIVILEGES

4. Speaker of Lok Sabha

📌 Election & Tenure

Elected by all members of Lok Sabha from among themselves
Convention: elected by consensus; opposition candidate also considered
Serves for full term of Lok Sabha (5 years)
Cannot be removed except by a resolution passed by effective majority (majority of all members) of LS — 14-day notice required
While removal resolution is pending, Speaker cannot preside (Deputy Speaker presides)

📌 Powers & Functions

Certifies whether a bill is a Money Bill — final and binding
Presides over Joint Sitting of Parliament
Decides on disqualification under Anti-Defection Law (10th Schedule)
Regulates proceedings of the House; maintains order
Can refuse to allow certain questions; admits or rejects notices
Casting vote — exercises when there is a tie in Lok Sabha

5. Parliamentary Committees

📊

Public Accounts Committee (PAC)

Financial Oversight

Examines CAG's audit reports — checks if money was spent as Parliament authorised
Members: 22 (15 from LS + 7 from RS)
Chairperson: conventionally from Opposition (since 1967)
PAC looks at past expenditure — not future estimates

💰

Estimates Committee

Budget Scrutiny

Examines the estimates (demands for grants) before Parliament
Suggests economies and efficiencies in expenditure
Members: 30 (all from Lok Sabha only)
Looks at future estimates — complements PAC

🏭

Committee on Public Undertakings (COPU)

PSU Oversight

Examines working of public sector undertakings (PSUs)
Members: 22 (15 from LS + 7 from RS)
Reviews CAG's audit reports on PSUs
Together with PAC and Estimates Committee = Financial Committees of Parliament

6. Parliamentary Privileges

Parliamentary Privileges (Art. 105 for Parliament; Art. 194 for State Legislatures): Special rights, immunities, and exemptions enjoyed by Parliament and its members to enable them to discharge their functions effectively. Key privilege: Freedom of speech in Parliament — members cannot be held liable in any court for anything said inside the House. Also: Freedom from arrest in civil cases during Parliament session; right to exclude strangers; publication of proceedings. However, members can be punished by the House itself for breach of privilege or contempt of the House.

⚡ POC07 Memory Chart — Fast Revision

🏛️ RS vs LS — Basics

RS: 250 max; 6-yr term; 30 yrs old
LS: 552 max; 5-yr term; 25 yrs old
RS = permanent; LS = can be dissolved
RS Chairman = Vice-President
LS Speaker = elected by LS members

💰 Money Bill (Art. 110)

Only in Lok Sabha (origination)
Speaker certifies — final
RS gets 14 days (suggest only)
President's prior recommendation required
No joint sitting for money bills

⚡ Anti-Defection

52nd Amendment 1985 — 10th Schedule
Decision: Speaker (LS); Chairman (RS)
Disqualified: voluntary leave of party
Disqualified: vote against party whip
Merger: valid if 2/3rd of party agrees

🗣️ Motions

No-confidence — LS only; govt resigns
Censure — LS; specific minister; no resign
Adjournment — LS; urgent public matter
Cut motions — on Demands for Grants
Calling Attention — both Houses

📊 Committees

PAC — CAG reports; Chair = Opposition
Estimates — future spending; LS only (30)
COPU — PSUs; 22 members
PAC + Estimates + COPU = Financial Cttees

🔑 Special Powers

RS — Art. 249 (legislate on State List)
RS — Art. 312 (create All-India Services)
LS — No-confidence motion (only here)
LS — Money Bills (only here)
Joint sitting (Art. 108) — NOT for money/constitutional bills

📄 Topic-Wise PYQs & Tricky Questions

Q1. Which of the following is an exclusive power of Rajya Sabha? CDS PYQ

(a) Passing no-confidence motion(b) Originating a money bill(c) Passing resolution to empower Parliament to legislate on State List subjects(d) Dissolving the Lok Sabha

✔ Answer: (c) Passing resolution to empower Parliament to legislate on State List subjects

Under Article 249, only the Rajya Sabha can pass a resolution (by 2/3rd majority) empowering Parliament to legislate on State List subjects in national interest. This resolution is valid for 1 year and is renewable. Similarly, under Art. 312, only RS can create new All-India Services. No-confidence motion and money bill origination are LS exclusives. The President dissolves LS — not RS.

Q2. A Money Bill introduced in Lok Sabha is sent to Rajya Sabha. What happens if RS does not return the bill within 14 days? CDS PYQ

(a) The bill lapses(b) Joint sitting is called(c) The bill is deemed to have been passed by both Houses(d) RS is deemed to have rejected it

✔ Answer: (c) The bill is deemed to have been passed by both Houses

If Rajya Sabha fails to return a Money Bill within 14 days of its receipt, the bill is deemed to have been passed by both Houses in the form in which it was passed by Lok Sabha (Art. 109). RS can suggest amendments but cannot reject or delay beyond 14 days. No joint sitting is ever held for Money Bills — LS has complete control. This is Lok Sabha's dominance on financial legislation.

Q3. The Anti-Defection Law was added to the Constitution by which Amendment? CDS PYQ

(a) 42nd Amendment 1976(b) 44th Amendment 1978(c) 52nd Amendment 1985(d) 61st Amendment 1988

✔ Answer: (c) 52nd Amendment 1985

The Anti-Defection Law was introduced by the 52nd Constitutional Amendment (1985) which added the 10th Schedule to the Constitution. It was enacted to discourage political defections by elected representatives. The decision on disqualification rests with the Speaker (Lok Sabha) or Chairman (Rajya Sabha), not courts. The 91st Amendment (2003) further amended it — the merger provision requires 2/3rd of the party's members to agree.

Q4. 'Zero Hour' in Parliament begins at: Tricky

(a) 9:00 AM(b) 11:00 AM(c) 12:00 Noon(d) 3:00 PM

✔ Answer: (c) 12:00 Noon

Zero Hour starts immediately after Question Hour, which runs from 11:00 AM to 12:00 Noon. So Zero Hour begins at 12 Noon. During Zero Hour, MPs can raise matters of urgent public importance without prior notice. Unlike Question Hour, Zero Hour is NOT mentioned in the Rules of Procedure or Constitution — it is an informal parliamentary convention unique to India, developed organically since the 1960s.

Q5. The Public Accounts Committee (PAC) examines: CDS PYQ

(a) Future budget estimates before Parliament approves them(b) Working of public sector undertakings(c) Accounts showing expenditure of money already granted by Parliament(d) Bills introduced in Parliament

✔ Answer: (c) Accounts showing expenditure of money already granted by Parliament

The PAC examines the accounts (especially CAG's audit reports) showing how money already sanctioned by Parliament was actually spent — it looks at past expenditure. The Estimates Committee looks at future estimates. COPU examines PSU functioning. PAC has 22 members (15 LS + 7 RS). By convention since 1967, the PAC Chair is from the Opposition party — making it an effective accountability tool.

Q6. Which of the following bills can be subject to a Joint Sitting of Parliament? Tricky

(a) Money Bill(b) Constitutional Amendment Bill(c) An Ordinary Bill on which both Houses disagree(d) Finance Bill

✔ Answer: (c) An Ordinary Bill on which both Houses disagree

Joint Sitting (Art. 108) can be called for an Ordinary Bill when there is a deadlock between Lok Sabha and Rajya Sabha. It is presided over by the Speaker of Lok Sabha. Money Bills and Constitutional Amendment Bills CANNOT be passed at a Joint Sitting. A Finance Bill (Category II) can be subject to a joint sitting if treated as an ordinary bill, but a Money Bill cannot. Joint sitting has been held only 3 times in India's parliamentary history.

Q7. The Rajya Sabha is a permanent body. What does this mean? Tricky

(a) Its members have permanent tenure(b) It cannot be dissolved; 1/3rd of members retire every 2 years(c) No elections are held for Rajya Sabha(d) The Vice-President is a permanent Chairman

✔ Answer: (b) It cannot be dissolved; 1/3rd of members retire every 2 years

Rajya Sabha is called a "permanent body" because it cannot be dissolved — even when Lok Sabha is dissolved. 1/3rd of its members retire every 2 years on a staggered basis, and elections are held to fill those seats. This ensures continuity of the body. Each RS member has a 6-year term. Unlike the VP who is not "permanent" in the same sense — the chairman is elected for 5 years each time. RS's permanence is a key constitutional feature.

Q8. Who certifies that a bill is a Money Bill? CDS PYQ

(a) President of India(b) Vice-President(c) Speaker of Lok Sabha(d) Finance Minister

✔ Answer: (c) Speaker of Lok Sabha

The Speaker of Lok Sabha certifies whether a bill is a Money Bill under Article 110. This certification is final and cannot be questioned in any court (protected by Art. 122). This is one of the Speaker's most important powers. If the Speaker certifies a bill as a Money Bill, Rajya Sabha can only suggest amendments (not reject) and must return it within 14 days. The Finance Minister recommends money bills but the Speaker has the certification authority.

📋 Quick Reference — POC07

🏛️ RS vs LS — Numbers

RS max: 250; current: 245
LS max: 552; current: 543
RS: 6-yr term; 30 yrs; elected by MLAs
LS: 5-yr term; 25 yrs; directly elected
Quorum: 1/10th of each House

💰 Money Bill

Art. 110; Lok Sabha only
Speaker certifies — final
RS: 14 days; suggest only
No joint sitting for money bills
Budget = Annual Financial Statement

📋 Anti-Defection

52nd Amendment 1985; 10th Schedule
Decision: Speaker/Chairman
Disqualified: leaves party; votes against whip
Merger valid: 2/3rd of party agrees

🗣️ Question/Zero Hour

Question Hour: 11 AM – 12 Noon
Starred Q: oral + supplementary
Unstarred Q: written answer only
Zero Hour: 12 Noon; informal; India's own

🔑 Joint Sitting

Art. 108; presided by Speaker of LS
Only for ordinary bills deadlock
NOT for money/constitutional bills
Held 3 times (1961, 1978, 2002)

📊 3 Financial Committees

PAC — past expenditure; opp. chair
Estimates — future estimates; LS only
COPU — PSU working
All examine government's finances

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