Relation Between Lok Sabha and Rajya Sabha

Relation between Lok Sabha and Rajya Sabha
Introduction
The Constituent Assembly, comprised of indirectly elected representatives and was set up to
draft a constitution for India. It stayed in being for very nearly three years, going about as the
principal parliament of India after independence in 1947. The Assembly was not chosen
based on universal adult suffrage; additionally Muslims and Sikhs were given exceptional
portrayal as minorities. The Constituent Assembly took just about three years to finish its
noteworthy assignment of drafting the Constitution for Independent India. Since 1952 India
has had a President and a parliament with 2 chambers.
The Parliament of India

Parliament of India comprises of three organs. The President, the Council of State (the Rajya
Sabha) and the House of the People (the Lok Sabha). In spite of the fact that President isn't
the individual from either House of Parliament yet, similar to the British Crown, he is a basic
part of the Parliament and plays out specific capacities relating to its events. The President of
America isn't an indispensable part of the Legislature. In India, the President gathers the two
Houses of Parliament, dissolves the House of People and give approval of Bills.
Despite the fact that the Indian Constitution accommodates the parliamentary type of
Government yet not at all like Britain, the Parliament isn't supreme under the Indian
Constitution. In India, the Constitution is preeminent. In England, laws passed by the
Parliament can't be announced unconstitutional while the Indian Constitution explicitly vests
this authority in the Courts. The Indian Parliament is the creature of the Constitution and gets
every one of its forces from the Constitution. It is not a sovereign body.1
Each part of parliament is set up to take on various duties, but then they need to cooperate to
ensure the law passes.
Rajya Sabha and Lok Sabha and its power
The Rajya Sabha or the Council of States is the Upper House of the Union Parliament. The
highest participation of the Rajya Sabha is fixed at 250 of whom 12 shall be assigned by the
president, and the rest of 238 shall be representatives of States and the Union Territories.
The Lok Sabha is a well-known House. Its members are straightforwardly chosen by the
general public for 5years. Lok Sabha can be dissolved by the President. Span of Lok Sabha
can be stretched out by a maximum of one year during declaration of national emergency
(Article 352).
Special powers of Rajya Sabha-
 A resolution seeking removal of Vice President can be initiated only in Rajya Sabha
(Article 67).
 Under Article 249, it can make laws on state list subjects, if Rajya Sabha passes a
resolution by majority of not less than 2/3 rd of members present and voting and
declares that subject is of national interest.
 Under Article 252, it can make laws on state list subjects if the legislature of two or
more states demand parliament to make law for a thing in state list.
1
Dr. J.N.Pandey, Constitution of India 503 (54th ed. 2017)
 It can empower the parliament to create new All India Services common to both
Centre and State under Article 312.
Special powers of Lok Sabha-
 Motion of no-confidence can only be initiated and approved in Lok Sabha.
 Money and Financial Bill can only be initiated in Lok Sabha.
 Under Article 352, if the Lok Sabha in a special meeting passes a resolution to
withdraw an enduring National Emergency, a National Emergency will be stopped
(As per the 44th Amendment Act, 1978).
Functional Relationship of both the Houses

A Bill is a draft resolution which becomes law after it is passed by both the Houses of
Parliament and consented to by the President.
If there should arise an occurrence of Ordinary Bill other than Money Bill and Financial Bills
may begin in either House of Parliament. The Bill must be passed by both the Houses of
Parliament and then only can be sent for president's consent. In the event if there is any
contradiction between the Houses over any Bill, the Bill can't be esteemed to have been
passed. To determine such a deadlock the constitution arrange for the strategy of joint sitting
of the Houses.
In the event of Money Bill, it must be presented in the Lok Sabha. It can't presented in Rajya
Sabha [Article 109(1)]. After a Money Bill has been passed by the Lok Sabha, it is sent to the
Rajya Sabha for its recommendation which must be come back to the Lok Sabha inside
14days from the receipt of the Bill with its proposal. The Lok Sabha may either acknowledge
or dismiss all or any of the recommendations of the Rajya Sabha. Whenever acknowledged
any by the Lok Sabha then the Money Bill will be considered to have been passed by both the
Houses. On the off chance that the Lok Sabha dismisses all the suggestions of the Rajya
Sabha, the Bill will be considered to have been passed by both the Houses in the structure
wherein it was passed by the Lok Sabha. Further, if the proposals for the equivalent isn't
come back to the Lok Sabha inside 14 days, the Bill will be regarded to have been passed by
both the Houses at the lapse of the 14 days’ time frame. Thus, the Rajya Sabha can at most
detain a Money Bill for 14 days only (Article 109). The Money Bill can become law without
the simultaneousness of the Rajya Sabha, therefore, no inquiry emerges for bringing the joint
sitting of the two Houses for expelling a deadlock.
If there should be an occurrence of Financial Bill Category A, it must be presented in the Lok
Sabha on the recommendation of the President. Anyway once it has been passed by the Lok
Sabha, it resembles an Ordinary Bill and there is no limitation on the forces of Rajya Sabha
on such Bills.
The two Houses need to work inside the capacities allocated to them under the Constitution.
The Constitution requires the laying of various papers on the Table in both the Houses,
remarkably among them are the Budget, Supplementary demands for Grants, Ordinances and
Proclamations gave by the President, reports of Constitutional functionaries, for example, the
Comptroller and Auditor-General, the Finance Commission, the Commissioner for the
Scheduled Castes and Scheduled Tribes, the Backward Classes Commission, the
Commissioner for Linguistic Minorities. The two Houses additionally take an interest in
issues of election of the President and the Vice-President, prosecution of the President,
expulsion of the Vice-President, a Judge of the Supreme Court or of a High Court.2
Despite the fact that, the Rajya Sabha is a perpetual body however in regard of influences it
appreciates inferior position versus the Lok Sabha. A Money Bill must be presented in the
Lok Sabha. The Rajya Sabha has no forces in regard of a Money Bill. A vote of no-
confidence can't be passed against the Government by the Rajya Sabha. Indeed, even if there
should arise an occurrence of Ordinary bill if a deadlock is formed between the two Houses
and the joint Session is held then by ideals of the numerical superiority, the Lok Sabha will
likewise to pass that bill. Taking into account the weak position of the Upper House,
constitutional legal scholars question the shrewdness of having the second chamber and they
argue for its annulment. But then again, it is said that in a Federal Constitution a second
chamber is a requisite and had an important role in matters of legislation and therefore, it
should be retained. The Rajya Sabha goes about as a reviewing House over the Lok Sabha
which being a standard House might be enticed to act rather speedily keeping in view of
communal opinion. The presence of Rajya Sabha stops the exceptional changes in the law of
the Country made in the emotion of transient enthusiasm and bears prospect for its
reexamination by postponing its implementation for a restricted period.
Other significant issues in regard of which both the Houses appreciate equivalent power are:
 The order of emergency
 The order regarding failure of constitutional machinery in states
 Financial emergency
During this circumstances in the nation, the houses are relied upon to work correspondingly
and together. In regard of getting reports and papers from different specialists and so on, the
two houses have equivalent powers. This guarantees no House can have any uncalled for
advantage over the other in running the Country. This additionally maintains the goal of
fairness and intensity of individuals in the democratic system. The two Houses of Parliament
are significant and their functioning is accomplished only with one another.
Conclusion
Indian Constitution creators embraced parliamentary democratic framework, with the
conviction that it most appropriate our ethos and culture and understood that a representative
democracy working with the elected representative functioning in accord with the leader and
the legal executive is most appropriate to address the difficulties of assorted variety
multicultural personality, equitable ethos and the advancement needs of the individuals. Also,
there is a definite in-constructed system, mostly exuding from the Constitution and partly
advanced through practices and resolutions which creates and controls the smooth connection
between the Rajya Sabha and the Lok Sabha. Apart from the constitutional arrangements,
Rules of Procedure additionally add to the advancement of strong and smooth connection
between the two Houses.
2
Relationship between the constituents of Parliament, Relations between the Houses,
https://rajyasabha.nic.in/rsnew/rsat_work/CHAPTER%E2%80%945.pdf.

Relation Between Lok Sabha and Rajya Sabha

Uploaded by

Copyright:

Available Formats

Relation Between Lok Sabha and Rajya Sabha

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Relation Between Lok Sabha and Rajya Sabha

Uploaded by

Copyright:

Available Formats

Relation between Lok Sabha and Rajya Sabha

The Parliament of India

Functional Relationship of both the Houses

You might also like