Saturday, March 1, 2025

Lok Sabha shyam institute

 Lok Sabha

  • Lok Sabha was established on April 17, 1952.

  • Lok Sabha is called the Lower House and the House of the People (House of Representatives).

  • On May 14, 1954, it was named Lok Sabha.

  • The person who named it Lok Sabha: G.V. Mavalankar.

  • The person who is known as the Father of Lok Sabha: G.V. Mavalankar.

Article 81: Explains about the structure of Lok Sabha.

  • The number of members of the Lok Sabha is not mentioned in the Constitution.

  • In the first Lok Sabha in 1952, the number of members was 489 + 2.

  • Based on the 1971 census, the number of Lok Sabha seats was increased from 525 to 552.

  • Through the 42nd Constitutional Amendment, it was decided in 1976 that the number of Lok Sabha seats should not be increased until 2001.

  • Through the 84th Constitutional Amendment, it was decided in 2001 that the number of Lok Sabha seats should not be increased until 2026.

  • Current maximum number of members in Lok Sabha - 550

  • Current number of members in Lok Sabha - 543

  • State-wise number of Lok Sabha seats:

    • Uttar Pradesh - 80

    • Maharashtra - 48

    • West Bengal - 42

    • Bihar - 40

    • Tamil Nadu - 39

    • Maharashtra - 29

    • Karnataka - 28

    • Gujarat - 26

    • Andhra Pradesh - 25

    • Rajasthan - 25

    • Kerala - 20

    • Telangana - 17

    • Jharkhand - 14

    • Punjab - 13

    • Chhattisgarh - 11

    • Haryana - 10

    • Uttarakhand - 5

    • Himachal Pradesh - 4

    • Arunachal Pradesh - 2

    • Meghalaya - 2

    • Tripura - 2

    • Mizoram - 1

    • Manipur - 2

    • Sikkim - 1

    • Nagaland - 1

  • Union Territory-wise Lok Sabha seats:

    • Delhi - 07

    • Jammu & Kashmir - 05

    • Dadra and Nagar Haveli & Daman and Diu - 02

    • Andaman & Nicobar Islands - 01

    • Chandigarh - 01

    • Puducherry - 01

    • Lakshadweep - 01

    • Ladakh - 01

  • Reservations are provided for SC, ST & women in Lok Sabha.

  • In Lok Sabha:

    • SC seats → 84

    • ST seats → 47

  • Currently, the SC and ST seats in the Lok Sabha are as per the 2001 census through the 87th Constitutional Amendment Act.

  • In 2003, the number of SC seats was increased from 79 to 84 and the number of ST seats was increased from 41 to 47.

  • SC and ST reservations in Lok Sabha are applicable until 2030 (January 25).

  • SC and ST reservations in Lok Sabha were extended in 2019 through the 104th Constitutional Amendment Act. And through this Constitutional Amendment, the practice of nominating Anglo-Indians in Lok Sabha was abolished.

Article 334: Article 334 stated that reservations for SC, ST and Anglo-Indians in Lok Sabha would apply for 10 years from the commencement of the Indian Constitution.

  • Constitutional amendments related to extension of SC, ST reservations:

Serial NumberConstitutional AmendmentYear
18th Amendment1960
223rd Amendment1969
345th Amendment1980
462nd Amendment1989
579th Amendment2000
695th Amendment2009
7104th Amendment2019

Women's Reservation in Lok Sabha:

  • For the first time in India, the 81st Constitutional Amendment Bill was introduced in Parliament in 1996 by the United Front Government (HD Deve Gowda) for women's reservation in legislatures.

  • The then Law Minister who introduced this bill - "Ramakant Khalap."

  • This 81st Constitutional Amendment Bill was not passed in Parliament.

  • In 2008, the 108th Constitutional Amendment Bill was introduced in Parliament. This bill was also not passed by Parliament.

  • Narendra Modi government approved the cabinet on September 18, 2023 to provide 33% reservation for women in legislatures.

  • "On September 19, 2023, the 128th Constitutional Amendment Bill was introduced in the Lok Sabha as "Nari Shakti Vandan Adhiniyam" providing 33% reservation for women in legislatures."

  • "On September 20, 2023, Lok Sabha passed this bill."

  • In Lok Sabha, 454 members voted in favor of this bill and two members voted against it.

  • "On September 21, 2023, Rajya Sabha passed this bill."

  • 214 members voted in favor of this bill in Rajya Sabha.

  • "On September 28, 2023, President Draupadi Murmu approved the bill, and it became the 106th Constitutional Amendment Act of 2023."

  • Through the 106th Constitutional Amendment Act of 2023, 33% reservation has been provided for women in Lok Sabha and Legislative Assemblies. This will be in effect for 15 years after it comes into force.

  • Articles newly added in 2023 through the 106th Constitutional Amendment Act:

    • Article 330 (A)

    • Article 332 (A)

    • Article 334 (A)

    • Article 239 (AA) 26

Note:

  • Article 239 (AA) 26 These reservations apply only to the National Capital Territory of Delhi.

  • Lok Sabha SC seats in Andhra Pradesh: 04

  • Lok Sabha ST seats in Andhra Pradesh: 01

Article 82: Delimitation Commission

  • After the completion of census every 10 years, the President constitutes the Delimitation Commission to make changes in Lok Sabha constituencies and to change the boundaries of constituencies and to change the boundaries of constituencies according to the increased SC, ST population and to change their existing seats in Lok Sabha.

  • Chairman of Delimitation Commission: Retired Supreme Court Judge.

  • Chief Election Commissioner acts as Ex-officio Secretary. Election officers of the concerned states and MPEU, MEAN members act as members.

  • Parliament makes changes through a general law based on the report given by this Delimitation Commission.

  • There is no judicial review power over the Delimitation Commission report in the courts. That is, no one can question it.

  • Delimitation Commissions constituted since the Constitution came into force until now:

    • (1952, 1963, 1973, 2002) Delimitation Commission has been constituted 4 times.

    • 1st Delimitation Act In 1952, Delimitation Commission was constituted as per the 1952 Act.

    • 2nd Delimitation Act In 1963, Delimitation Commission was constituted as per the 1962 Act.

    • 3rd Delimitation Act In 1973, Delimitation Commission was constituted as per the 1972 Act.

    • 4th Delimitation Act In 2002, Delimitation Commission was constituted as per the 2002 Act.

Article 83: Lok Sabha Term
Lok Sabha Term of Office:

  • Lok Sabha term of office 5 years.

  • President has the power to dissolve the Lok Sabha in the middle before the completion of 5 years. (On the advice of the Prime Minister)

  • If the Lok Sabha is dissolved in the middle before the completion of Lok Sabha term of office, re-elections must be held within 6 months.

  • Through the 42nd Constitutional Amendment, the Lok Sabha term was extended from 5 years to 6 years in 1976.

  • Through the 44th Constitutional Amendment in 1978, the Lok Sabha term was changed back to 5 years, and when a national emergency is imposed, the Lok Sabha term can be extended by one year.

  • Longest serving Lok Sabha in India - 5th Lok Sabha"

    • Speakers – Gurdial Singh Dhillon, Bali Ram Bhagat (1971-77)

  • Shortest term - "12th Lok Sabha."

    • Speaker - GMC Balayogi (1998-1999)

  • Lok Sabha with the shortest term after the 12th Lok Sabha - "13th Lok Sabha"

    • Speaker: Rabi Ray - Janata Dal Party (1989-91)

Article 84: Lok Sabha Qualifications

  1. Must be a citizen of India.

  2. Minimum age must be 25 years.

  3. Must not hold any office of profit.

  4. Must possess other qualifications prescribed by Parliament.

  5. General candidates must pay a deposit of Rs 25,000.

  6. SC, ST candidates must pay a deposit of Rs 12,500.

  7. To get the deposit back, 1/6th of the valid votes polled must be obtained.

Article 88: The only person who can attend Parliament meetings without being a Member of Parliament is the "Attorney General" (has no right to vote in meetings).

Note:

  • Central Ministers, even if they are members of any House, can attend, speak, and introduce bills in both Houses. But in whichever House they are members, they must exercise their right to vote in that House only.

Article 93: After the elections to the Lok Sabha are over, members of the Lok Sabha elect one of themselves as Speaker to preside over the meetings of the Lok Sabha.

  • When the Speaker is absent, members of the Lok Sabha elect one of themselves as Deputy Speaker to preside over the meetings.

  • If the posts of Speaker and Deputy Speaker fall vacant, new persons must be elected as Lok Sabha Speaker and Deputy Speaker.

Article 97: Parliament determines the salaries and allowances of the Chairman of Rajya Sabha, Deputy Chairman, Speaker of Lok Sabha, and Deputy Speaker.

  • Their salaries and allowances are mentioned in the 2nd Schedule.

Article 98: Explains about the Parliament Secretariat.

Article 99: Oath of Office

  • Members of Parliament take oath of office in the presence of the President or in the presence of a person appointed by the President.

Article 100: Explains about Quorum & Casting Vote (Decisive Vote).
100(1): When there is a tie in votes for or against any bill in Parliament, the Presiding Officer presiding over the House may exercise a casting vote.
100(3): Explains about the Quorum of Lok Sabha and Rajya Sabha.

  • Quorum means the minimum number of members required to conduct a meeting.

  • Lok Sabha Quorum 1/10 (55 members)

  • Rajya Sabha Quorum 1/10 (25 members)
    100(4): If there is no Quorum in Rajya Sabha and Lok Sabha, the Presiding Officer shall adjourn the meeting.

Article 101: Disqualifications of Members of Parliament with Dual Membership

  1. A member shall not be a member of both Houses of Parliament at the same time. If a person is a member of both Houses, they must vacate membership of one of the Houses.

  2. If elected to Rajya Sabha and Lok Sabha at the same time, they must express their opinion within 10 days. Otherwise, Rajya Sabha membership will be cancelled.

  3. If a member is a member of one House and is elected to another House, they must express their opinion within 10 days. Otherwise, the membership in the first House will be cancelled.

  4. If a person contests from two constituencies at the same time and wins, they must declare their decision within 10 days. Otherwise, both memberships will be forfeited.

  5. A person shall not hold membership in Parliament and State Legislature at the same time. If they hold membership, they must express their opinion within 14 days, otherwise they will lose Parliament membership.

Article 101(4): According to this, if a Member of Parliament is absent from Parliament meetings for 60 days without the permission of the House, the Presiding Officer shall cancel their membership.

Article 102: Explains about the disqualifications of Members of Parliament.
Disqualifications of Members of Parliament in the following circumstances:

  1. When holding an office of profit,

  2. When of unsound mind,

  3. When bankrupt,

  4. When acquiring foreign citizenship, Losing Indian citizenship,

  5. Parliament may disqualify Parliament membership under any law passed by Parliament.

    • Eg:. SC, ST Atrocities Act, Civil Rights Protection Act, Dowry Prohibition Act.

Disqualification may also be imposed on Members of Parliament due to the following reasons:

  1. When involved in election offenses,

  2. When sentenced to imprisonment for two or more years,

  3. When expenses related to election expenditure are not submitted to the Election Commission within the stipulated time after the elections are over,

  4. When obtaining government contract,

  5. When working as Managing Director (or) Director in Public Sector Undertakings in which the government has 25% share,

  6. When the Speaker declares disqualification as per the Anti-Defection Act,

Note: If the High Court rules that the election of a Member of Parliament is invalid, they will lose membership.

Article 103: President decides on the disqualifications of Members of Parliament. (In consultation with the Central Election Commission)

Article 104: According to this, in the following circumstances, a penalty of Rs 500/- may be imposed on a Member of Parliament.

  1. If attending Parliament meetings without taking oath, voting when voting,

  2. If it is known that they are not eligible for Parliament membership,

  3. If attending meetings even after knowing that they have lost eligibility,

  4. When prohibited from participating in meetings by any law enacted by Parliament,

Article 105: Explains about the special privileges of Members of Parliament.

  • Special privileges of Members of Parliament can be classified into two types.

    1. Privileges enjoyed by each House collectively and

    2. Privileges enjoyed by members individually.

1. Collective Special Privileges:

  • Each House collectively or jointly has the following privileges.

    • It has the power to publish its reports, meetings, and proceedings. It also has the power to prohibit others from publishing them. However, the 44th Constitutional Amendment Act of 1978 restored the freedom of the press to publish true reports of parliamentary proceedings without the prior permission of the House. But, this does not apply to the secret meetings of the House.

    • It keeps strangers away from its proceedings. Holds secret meetings on important matters.

    • It establishes rules to regulate its own proceedings. Establishes judicial authority for its proceedings.

    • The House has the power to punish members of the House or others who are involved in breach of privilege or contempt of the House. It can punish these people by reprimand, reprimand, or imprisonment. (In the case of members, they may be suspended or expelled from the House)

    • The House has the power to immediately obtain information about the arrest, detention, conviction, imprisonment of any member. It also has the power to have that member released.

    • It can issue appropriate orders to make arrangements for inquiries and to summon witnesses to appear for questioning with necessary documents and records.

    • No inquiry shall be conducted into the proceedings of the House or its committees.

    • No person or member or outsider shall be arrested in the premises of the House without the permission of the Speaker and no judicial process shall be undertaken.

2. Individual Special Privileges:

  • When Parliament sessions are in progress, members shall not be arrested either 40 days before the day the sessions commence or 40 days after the sessions end. However, this applies to civil cases only. Does not apply to criminal cases and preventive detention cases.

  • Members have freedom of speech in Parliament. The court shall not inquire into any matter stated by a member or vote cast by them in Parliament or its committees.

  • A member may enjoy this freedom privilege as per the provisions of the Constitution and Parliament Procedure Rules.

  • Members are exempt from service of court processes. Exemption from attending court as a witness or to testify during Parliament session time.

Breach of Privilege and Contempt of the House: (Breach of Privilege and Contempt of the House)

  • If any person or official disrespects or violates the personal or collective special privileges, exemptions, and other rights of a member. Or if it causes contempt to the House, it becomes an offense under Breach of Privilege and becomes punishable by the House.

  • If any action causes contempt to Parliament, its members, or its functions, causes disruption to its functions or directly or indirectly causes contempt to the dignity, status, authority, it comes under contempt of court.

  • The two words 'breach of privilege and contempt of court' are often used interchangeably.

  • But there is a difference in the meanings of these two.

  • Generally, contempt of court arises due to breach of privilege.

  • Similarly, breach of privilege of House occurs due to contempt of court.

  • But contempt of court is very broad.

  • Contempt of court may occur even without breach of House privileges.

  • Similarly, actions that are not breaches of special privileges may lead to contempt of court.

Example: Failure to comply with a lawful order of the House is not a breach of House privileges. But it becomes contempt of court.

Sources of Privileges (Sources of Privileges):

  • According to Article 105 of the original Constitution, there are two special privileges.

  • Freedom of speech in Parliament and Parliament


Here's the English translation of the Telugu text, formatted for a text editor:

Parliamentary Privileges

  • Violation is a crime and punishable by the House.

  • Any action that obstructs Parliament, its members, or its functions, whether directly or indirectly, or that disrespects the dignity, status, or authority of the House, constitutes contempt of the House.

  • The terms "violation of parliamentary privileges" and "contempt of the House" are often used interchangeably.

  • However, there is a difference in the meaning of these two terms.

  • Generally, contempt of the House arises from the violation of parliamentary privileges.

  • Similarly, violation of parliamentary privileges occurs due to contempt of the House.

  • But contempt of the House is much broader.

  • Contempt of the House can occur even without violating parliamentary privileges.

  • Similarly, actions that do not violate specific parliamentary privileges can still lead to contempt of the House.

  • Example: Failure to comply with a lawful order of the House is not a violation of parliamentary privileges, but it is contempt of the House.

(Sources of Privileges):

  • Firstly, Article 105 of the Constitution provides for two special privileges.

  • These are freedom of speech in Parliament and parliamentary... (text cut off in image, likely "...proceedings").


(Page 2)

...proceedings. Regarding other special privileges, the Constitution states as follows:

  • The special privileges that exist in the British House of Commons are the same privileges that will continue in the Indian Parliament from the commencement of the Indian Constitution until Parliament enacts legislation in this regard.

  • However, the 44th Constitutional Amendment Act of 1978 made an amendment in this matter.

  • According to this, from the date the amendment came into effect, i.e., June 20, 1979, whatever other special privileges Members of Parliament have, those same privileges will continue until Parliament enacts legislation to define them.

  • In other words, this amendment only changed the wording regarding special privileges.

  • The phrase "British House of Commons" was removed, but no specific change was made.

  • The noteworthy point here is that Parliament has not defined special privileges to this day.

Note:
[Supreme Court Verdict]
There is no protection for public representatives from criminal prosecution: [Supreme Court verdict]

-> Article 105 states that Members of Parliament have special privileges.
-> Article 194 states that Members of State Legislatures have special privileges.


(Page 3)

-> P.V. Narasimha Rao Vs. State Case, JMM (Jharkhand Mukti Morcha) [1998]

  • This is known as the 'Bribery Case'.

  • As part of this, they took bribes in return for voting against the no-confidence motion.

  • Article 105 states that Parliament has special privileges. Therefore, the Supreme Court ruled, granting exemption from prosecution.

  • On March 4, 2024, a 7-judge bench of the Supreme Court ruled that public representatives who take bribes to vote or speak have no protection from prosecution. The Constitutional Bench of the Supreme Court overturned the previous ruling given in 1998.

Names in the Bench:

  • Chief Justice of India - Justice D.Y. Chandrachud

  • Justice A.S. Bopanna

  • Justice M.M. Sundaresh

  • Justice P.S. Narasimha

  • Justice J.B. Pardiwala

  • Justice Sanjay Kumar

  • Justice Manoj Misra.

Taking bribes and voting in the House is a crime:

  • Public representatives who do so have no protection.

  • The exemption from prosecution for MLAs and MPs has been overturned.


(Page 4)

  • The Supreme Court ruled that honesty is important for members in public life.

Article 106: Explains about the salaries and allowances of Members of Parliament.

  • Parliament determines the salaries and allowances of Members of Parliament.

  • The Ninth Schedule does not mention the salaries and allowances of Members of Parliament.

Article 107: Explains about the legislative procedure.
(1) India adopted the legislative procedure from Britain.
(2) There are two types of bills: Government Bills and Private Bills.
(3) A Government Bill means that only ministers in ministerial positions can introduce it. To introduce a Government Bill in Parliament, a 7-day advance notice must be given, and permission must be obtained from the Speaker.
(4) Private Bills are bills introduced by Members of Parliament who are not ministers. To introduce a Private Bill, 30 days/one month advance notice must be given and permission must be obtained.
(5) A Government Bill can be introduced on any day. (When Parliament is in session)
(6) A Private Bill must be introduced on Friday.


(Page 5)

Note:

  • There is no definition of ordinary bills in the Constitution. However, according to Article 107, bills other than money bills and financial bills are called ordinary bills.

  • There are 5 stages for an ordinary bill to become law.
    (i) Introduction Stage:
    -> Seeking permission from the House, announcing the title of the bill and seeking permission.
    -> In this stage, if voting is conducted and a majority of members do not approve, the bill is rejected. (The government is not required to resign).
    -> There are 3 reading stages for a bill to become law.
    (a) First Reading Stage
    (b) Second Reading Stage


(Page 6)

(a) First Reading Stage:
-> After permission is granted to introduce the bill, the concerned minister or private member reads the title of the bill and explains in the House about the benefits of passing the bill.
-> There is no discussion on the bill at this stage.

(b) Second Reading Stage:
-> In this stage, the documents related to the bill are distributed to the members.
-> In this stage, a general discussion on the main aspects related to the bill takes place.

Note:

  • Select Committee means a committee formed by the members who introduced the bill.

  • Joint Committee means a committee formed with members from both houses to examine the bill.

(c) Third Reading Stage:
-> In this stage, a member of the House may ask the House to consider 4 matters mentioned below regarding the bill.
(a) Members may immediately request to examine the clauses of the bill.
(b) May request to refer the bill to a Select Committee.
(c) May request to refer to a Joint Committee.
(d) May request to seek public opinion on the bill.

(c) Third Reading Stage:
-> In this stage, a discussion is held in the House on the report given by the committee.
-> In this stage, discussions are held on each clause of the bill, schedule by schedule.
-> Amendments can be made where necessary.
-> After the discussion, voting is conducted in the House.
-> In voting, more than half of the members present and voting in the House must approve.
-> If majority is not reached for the bill at this stage, the government bill is rejected. (If it's a government bill)


(Page 7)

(ii) Sending the bill to the second house:
-> After the bill is passed by the first house, it is sent to the second house for approval.
-> The above-mentioned procedures are followed in the second house.

(iii) Joint Sitting of Both Houses:
-> When there are differing opinions between the two houses on an ordinary bill, the President convenes a joint sitting of both houses.

(iv) President's Assent:
-> After both houses have passed an ordinary bill, the bill becomes law when the President gives his assent.

Article 108: Joint Sitting of Both Houses

  • India adopted the joint sitting of both houses from Australia.

  • There are the following reasons for convening a joint sitting of both houses.
    (1) When one house passes an ordinary bill and the second house rejects it.
    (2) When one house passes an ordinary bill and the second house keeps it pending for more than 6 months without passing it.
    (3) When there are differing opinions between the two houses regarding an ordinary bill (Deadlock).


(Page 8)

In the above 3 situations, the President issues a notification for a joint sitting of both houses for one reason or another.

Note:
(1) If the Lok Sabha is dissolved by the time the notification for a joint sitting of both houses is issued, then that notification shall not be issued.
(2) If the Lok Sabha is dissolved before the joint sitting of both houses is convened after the President issues a notification, the effect will not be on the joint sitting of both houses. The joint sitting of both houses will be conducted by the dissolved Lok Sabha.

  • Quorum required for a joint sitting of both houses is 1/10 (of the total number of members of Parliament).

  • The Speaker of the Lok Sabha presides over the joint sitting of both houses. In the absence of the Speaker, the Deputy Speaker of the Lok Sabha presides.

  • If the Speaker and Deputy Speaker are not present, the Deputy Chairman of the Rajya Sabha presides.

  • If none of the above are present, a person nominated by the President, i.e., one of the members present in the House.

  • Majority required to pass a bill in a joint sitting of both houses: Simple majority.

  • If an ordinary bill is not passed by a simple majority in this sitting, the bill is rejected.

  • When a bill passed in this sitting is sent for the President's assent, the President has veto power.


(Page 9)

  • If the President rejects a bill and it is passed again in a joint sitting of both houses for the second time and sent to the President for assent, the President must definitely approve it.

Note:

  • The joint sitting of both houses is conducted according to the rules of procedure of the Lok Sabha.

  • According to Article 108(4), the Speaker of the Lok Sabha presides over the joint sitting of both houses.

-> So far, joint sittings of both houses have been held 3 times.

  1. May 6, 1961 -> Dowry Prohibition Bill -> Speaker: Anantha Sayanam Ayyangar

  2. May 16, 1978 -> Banking Service Commission Bill -> R.S. Hegde, Deputy Speaker: P.M. Sayeed

  3. March 26, 2002 -> Prevention of Terrorism Bill (POTA) -> Speaker: GMC Balayogi

  • Atal Bihari Vajpayee is the person who attended all 3 joint sittings of both houses and voted in favor.

-> Joint sittings of both houses are conducted on ordinary bills and financial bills.
-> Joint sittings of both houses are not held on money bills and constitutional amendment bills.
-> Since the Chairman of the Rajya Sabha is not a member of the House, he does not preside over the joint sitting of both houses.



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