Parliment

 


The part v of the constitution deals with the government at the union level i,e the functions and powers of the president, prime minister, attorney general (CAG), and parliament :
In this blog post, we will discuss only parliament.
India has a parliamentary form of government. This can be derived from the fact that the government is accountable to parliament which has two houses i,e lok sabha and rajah sabha.
The constitution of India provides for a parliamentary form of government, both at the center as well as state levels. Articles 74 and 75 deal with the parliamentary system at the center and articles 163 and 164 in states.

In all democracies, elected representatives enjoy supreme political authority. In India assembly of elected members is called Parliament (NATIONAL LEVEL), and at the state level, it's called Legislature or legislative assembly. Parliament in India controls the government because government enjoys its powers only till it has the support of the parliament. It's also noteworthy that parliament holds all the money the government has. Parliament in India has two houses and a president, although the president is not a member of either of the house.
Features of parliamentary government 
Nominal and real executive: The president is the nominal executive (de jure or titular executive) while the prime minister is the real executive (de facto) 
council of ministers: Article 74 provides for a council of ministers headed by the prime minister, to aid and advise the president in the exercise of his functioning. the advice so tendered is binding on the president.
Majority party rule: The political party which secures the majority sets in the lok sabha forms the government. the leader of that party is appointed as Prime minister by the president 
The other ministers are appointed by the president on the advice of the prime minister (article 75 i )
Collective responsibility: the ministers are collectively responsible to parliament in general and to the Lok sabha in particular. They act as a team i,e sink and swim together (Article 75 (3) ) 
Minister as a member: A minister must be a member of either house of parliament or be elected so within six months of assuming office ( under article 75(5)) 
Minister can be removed: Ministers are also responsible for their department and can be removed from office by the president on the advice of the prime minister (Article 75 (2) ) 
Secrecy: The ministers operate on the principle of secrecy of procedure, the minister cannot provide information about the proceedings, policies, and discussions. They take the oath of secrecy before entering their office under article 75 (4).
 Dissolve of lok sabha: the lower house of the parliament can be dissolved by the president on the advice of the prime minister, before the expiry of its term, and hold a fresh election.
DISQUALIFICATION 
Under the constitution a person shall be disqualified from being elected as a member of parliament:
  1. If he holds any office of profit under the union or state government, except that of a minister or any other office exempted by the parliament.
  2. If he is of unsound mind and stands so declared by a court.
  3. If he is an undischarged insolvent 
  4. if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under acknowledgment of allegiance to a foreign state,
The following is the additional disqualifications laid down by the parliament under the representation act 1951 
  • He|she must not have been found guilty of certain election offenses or corrupt practices in the election
  • one must not have been convicted of any offense resulting in imprisonment for two or more years, the preventive detention.
He must not have been dismissed from government services for corruption or disloyalty to the state.
  • one must not have been convicted for promoting any enmity between different groups or for offense of bribery.
One must not have indulged in practicing social crimes such as untouchability dowry and Sati.
note: on the question whether a member is subjected to any of the above disqualifications the president's decision is final, however, he should obtain the opinion of the election commission and act accordingly. Similarly, the question of disqualification under the 10th schedule is decided by the chairman in the case of rajya sabha and the speaker in the case of Lok sabha (and not by the president ) 


Lok sabha.,its functions; 

Lok Sabha, also known as the House of the People, is the lower house of the Parliament of India. It consists of Members of Parliament (MPs) who are elected by the citizens of India through a general election. The Lok Sabha has several functions and responsibilities, including:

Legislation: The Lok Sabha is responsible for passing laws and regulations that govern the country. It can pass or reject bills introduced by the government or private members.

Budgetary Control: The Lok Sabha is responsible for passing the annual budget and scrutinizing the government's financial policies and programs.

Financial Control: The Lok Sabha has the power to approve or reject government expenditures and can also initiate discussions on financial matters.

Representation: The Lok Sabha is a forum where the citizens of India are represented and their views and concerns can be expressed and discussed.
Qualification  
The qualifications and disqualifications for a person to become a member of the Lok Sabha are outlined in the Constitution of India and the Representation of the People Act, 1951. A person must be:
A citizen of India
At least 25 years of age
Mentally and physically fit
Not holding an office of profit under the governments

DISQUALIFICATION 
Disqualifications include being of unsound mind, not being a citizen of India, or being convicted of a crime with a sentence of two or more years.
The election procedure for the Lok Sabha is as follows:
ELECTION PROCEDURE .
Notification: The Election Commission of India (ECI) issues a notification for the conduct of elections.

Filing of Nominations: Candidates interested in contesting the elections file their nominations with the Returning Officer.

Scrutiny of Nominations: The Returning Officer scrutinizes the nominations to ensure that they meet the required qualifications and are in order.

Campaigning: Candidates are given time to campaign and address the voters.

Polling: The ECI conducts the polling on the designated day and the voters cast their votes.

Counting of Votes: The votes are counted on the same day and the results are declared by the Returning Officer.
Winner:  the person who gets highest votes is declare as winner. 


Rajya sabha 
Rajya Sabha is the upper house of the Parliament of India. The qualifications and disqualifications of its members are specified in the Constitution of India.
Qualification 
Age: A person must be at least 30 years old to be eligible to become a member of the Rajya Sabha.
Citizenship: A person must be an Indian citizen to be eligible to become a member of the Rajya Sabha.
Domicile: A person must be a resident of India and must have stayed in the country for a total of not less than 182 days in the preceding 12
months.
Disqualifications:
Insanity: A person who is of unsound mind and stands so declared by a competent court is disqualified from becoming a member of the Rajya Sabha.
Disqualification by the President: The President can disqualify a member of the Rajya Sabha on the grounds of defection under the provisions of the Tenth Schedule of the Constitution.
Conviction: A person who has been convicted of a criminal offense and sentenced to imprisonment for two or more years is disqualified from becoming a member of the Rajya Sabha.
ELECTION  procedure:
Rajya Sabha members are elected through indirect elections. The elected members of the Legislative Assemblies of the States and Union Territories vote to elect the members of the RajyaSabha.
The election is held in accordance with the system of proportional representation by means of the single transferable vote.
The elected members of the Rajya Sabha hold office for a term of six years, with one-third of the members retiring every two years.

 the Rajya Sabha plays a crucial role in the functioning of the Indian parliamentary system. The qualifications, disqualifications, and election procedure of its members are well-defined in the Constitution of India.

FUNCTIONs: 
Representation of the States: The Rajya Sabha represents the interests of the States and Union Territories in the Parliament.
Deliberative Body: It serves as a forum for discussion and deliberation on various national and international issues.
Legislative Functions: It has the power to pass legislation on a variety of subjects, including those that fall under the Concurrent List.
Check on Lok Sabha: The Rajya Sabha serves as a check on the Lok Sabha, particularly in cases where the ruling party has a majority in the lower house.

 Both the houses of the Indian Parliament have distinct functions and play a crucial role in the legislative and democratic process of the country. The Rajya Sabha provides representation to the States and acts as a check on the Lok Sabha, while the Lok Sabha represents the people of India and has financial lowers.











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