Polity Terms : Daily Current Affairs

Polity Terms

1. LEGISLATIVE PRIVILEGES

Parliamentary privileges, i.e. exceptional right or advantage, are granted to the members of legislatures worldwide. Thus, in most democratic countries, the legislatures and their members enjoy certain privileges to function effectively. Privilege though part of the law of the land, is, to a certain extent an exemption from the ordinary law. It would not be wrong to say that privilege is to Parliament what prerogative is to the Crown. Just as the Crown can exercise prerogatives without help or hindrance from Parliament or the judges, the House of the Parliament can exercise privileges without help or hindrance from the Judges.
Feature of parliamentary privileges in the Indian Constitution is borrowed from the British Constitution. The British Constitution is a source of other borrowed features like parliamentary government, the rule of law, legislative procedure, single citizenship, cabinet system, prerogative writs, and bicameralism.
The Indian parliament’s privileges among other provisions are contained in Article 79 to Article 122 of the Indian Constitution. The origin of Parliamentary privileges in India can be traced as far back as 1833 when a fourth member was added to the governor-general’s council following the Charter Act of 1833. A new type of legislative machinery came into existence. This laid the foundation of an institution that ultimately grew into a full-fledged law-making body by process of evolution.
The official aversion to the legislature’s privileges was diluted after the indirect election to the legislature was provided by the Indian Council’s Act, 1909.
The Government of India Act, 1935, provided that there should be freedom of speech in the legislature.
The main articles of India’s Constitution dealing with the privileges of Parliament are 105 and 122, and the corresponding articles for the states are 194 and 212. Article 105 (1) of India’s Constitution provides that, subject to the provisions of the Constitution and the rules and standing orders regulating the procedure of Parliament, there would be freedom of speech in the Parliament.
Use of a parliamentary privilege:

The exemptions, rights or immunities provided to the members of each house of the parliament and the parliament committees secure the independence and effectiveness of the actions taken by them.

The parliamentary privileges help maintain the dignity, authority and honour of the members of parliament.

The parliamentary privileges help secure the members of the houses from any obstruction in their discharge of actions.

Types of Parliamentary Privileges: The Indian parliamentary privileges are categorised into two:

Collective Privileges –

Those privileges which are enjoyed by the Indian Parliament as a whole.

The reports, debates and proceedings can be published or denied to be published by the Indian parliament.

Note: 44th Amendment Act allowed the media to publish the true reports of the parliamentary proceedings except the same related to the house’s secret sitting.

The Indian parliament has a right to exclude strangers from its proceedings.

The secret sittings of the houses is also a part of the parliamentary privilege.

The two houses can make rules for:

the regulation of their procedures

Conduct of their business

Adjudication of their work

The parliament can suspend or expel members in case of breach of privilege

The parliament is entitled to punish the outsiders or the members for any breach of privilege by using any of the following:

Reprimand

Admonition

Imprisonment

The parliament has a right to receive immediate information of the arrest, detention, conviction, imprisonment and release of a member

Any enquiries can be initiated by the Indian parliament and so can be the right to call upon the witnesses

The proceedings of the houses and committees of the parliament can’t be inquired by the court

No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the permission of the presiding officer

Individual Privileges –

Those privileges which are secured to the members of the parliament on an individual level

No arrest of the member of the parliament can take place during its session. Also, members can’t be arrested 40 days before and after the session’s beginning and end of the session.

The members of parliament are entitled to the freedom of speech in the houses. They are not liable to any court proceedings for the speech given in the parliament or its committees. However, it is regulated using the rules guiding such provisions of the house.

They are exempted from jury service. They can refuse to give evidence and appear as a

witness in a case pending in a court when Parliament is in session.

2. MONEY BILL

Money Bill is defined in Article 110 of the Indian Constitution. Money bills are concerned with financial matters like taxation, public expenditure, etc.
In the Indian Constitution, Article 110 deals with Money Bill in India. There are few provisions for a bill to be deemed as a money bill. The provisions that make a bill a money bill in India are given below:

The imposition, abolition, remission, alteration or regulation of any tax

The regulation of the borrowing of money by the Union government

The custody of the Consolidated Fund of India or the contingency fund of India, the payment of money into or the withdrawal of money from any such fund

The appropriation of money out of the Consolidated Fund of India

Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure

The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money, or the audit of the accounts of the Union or of a state

Any matter incidental to any of the matters specified above.

Article 110 of the Indian Constitution also gives provisions following which a bill cannot be deemed as a money bill. Those provisions are given below:

Imposition of fines or other pecuniary penalties

Demand or payment of fees for licenses or fees for services rendered

Imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes

3. ORDINANCE

An ordinance is a law that is promulgated by the President of India only when the Indian parliament is not in session. President promulgates an ordinance on the recommendation of the union cabinet. Similarly, the Governor of Indian states can also initiate ordinances only when a legislative assembly is not in session when it is a unicameral legislature and when legislative assembly along with legislative council both are not in session when it is the bicameral legislature.
Ordinance Making Power of President

Article 123 deals with the ordinance making power of the President. President has many legislative powers and this power is one of them.

Details about President’s ordinance making power is given in the table below:

He can only promulgate the ordinance under these circumstances:

When both the houses or either of the house is not in session

Circumstances occur where the President thinks it necessary to act without waiting for houses to assemble

An ordinance can be retrospective in nature

An ordinance rolled out when both the houses are in session is void in nature

The Parliament has to approve the ordinance within six weeks from its reassembly

Acts, done and completed under the ordinance before it lapses, remains fully active

Unlike the Indian Constitution, most of the democratic constitution of the world don’t give such ordinance making power to their President

It has no connection with the President’s power to proclaim a national emergency

The power of ordinance making is not to be taken as a substitute for the legislative power. Only under special circumstances, ordinances can be rolled out

President’s power to roll out ordinance is justiciable on the ground of malafide.

Limitations

President can promulgate an ordinance only when both the houses are not in session or only one house is in session.

For an ordinance to be promulgated, such circumstances should be there which deem it necessary for President to legislate through the ordinance

38th Amendment Act inserted a new clause (4) in Article 123 stating that the President’s satisfaction while promulgating an Ordinance was final and could not be questioned in any court on any ground. however, the 44th Amendment to Indian Constitution reversed it and made the President’s satisfaction to bring ordinance justiciable.

Ordinances can be introduced only on those subjects on which the Indian Parliament can make laws.

Ordinances can not take away any rights of citizens that are guaranteed by the Fundamental Rights of the Indian Constitution.

Ordinance ceases to exist if parliament takes no action within six weeks from its reassembly

Ordinance also stands void if both the houses pass a resolution disapproving the ordinance

Ordinance making power of Governor

He can promulgate ordinance when the Legislative Assembly is not in session in case of the unicameral legislature or when both Legislative assembly and council are not in session in case of a bicameral legislature

He can roll-out an ordinance for only those matters on which state legislature can make laws.

His ordinances have the same effect on policies as state’s acts will have. If his ordinance legislates on matters which state government has no power on, the ordinance stands null and void

The ordinance introduced by him can be withdrawn anytime.

His power to promulgate ordinance is not a discretionary power. Council of Ministers’ (headed by CM) advice is a pre-requisite

President’s instructions on the following three cases are must:

If a bill containing the same provisions would have required the previous sanction of the President for its introduction into the state legislature

If he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the President

If an act of the state legislature containing the same provisions would have been invalid without receiving the President’s assent.

4. SUBORDINATE LEGISLATION

Subordinate legislation is a process by which the executive is given powers by primary legislation to make laws in order to implement and administer the requirements of that primary legislation. Such law is the law made by a person or body other than the legislature but with the legislature‟s authority. Article 13(3) of the Indian Constitution includes within the definition of law forms of subordinate legislation such as order, rule, regulation, notification.
The need for subordinate legislation arises due to:

limited time available for legislation in Parliament due to overburdening,

increasing complexity requiring knowledge and experience of experts.

covering those situations which have not been anticipated by the Parliament.

flexibility in meeting emergency situations.

However, the concept of subordinate legislation faces criticisms on many grounds including undermining separation of power, legislation by unelected people, lack of publicity, etc.
Mechanism for scrutiny and control of delegated legislation:

Parliamentary scrutiny and control: It occurs at various levels such as During the debate on the Act, the relevant departmental standing committee may recommend the scope of delegated legislation.

Statutory motion to discuss rules: After the rules have been tabled, MPs may move a statutory motion seeking an annulment or modification of the rules.

Question Hour

Committee on Subordinate Legislation: Both the houses have a Standing Committee on Subordinate Legislation to oversee whether the power delegated by Parliament to the government is being properly exercised.

Every delegated legislation needs to be laid before the Parliament within a stipulated time frame.

Public consultation: Some Acts mandatorily require prior publication and consultation on draft rules while in others the government may exercise its discretion and invite comments on the draft rule.

Judicial scrutiny and control: Delegated Legislation may be declared invalid on the grounds of violation of the Constitution of the India or the violation of the enabling Act.

5. STARRED AND UNSTARRED QUESTIONS

Members have a right to ask questions to elicit information on matters of public importance within the special cognizance of the Ministers concerned. The questions are of four types; two of them are:
Starred Questions: A Starred Question is one to which a member desires an oral answer from the Minister in the House and is required to be distinguished by him/her with an asterisk. Answer to such a question may be followed by
supplementary questions by members.
Unstarred Questions: An Unstarred Question is one to which written answer is desired by the member and is deemed to be laid on the Table of the House by Minister. Thus it is not called for oral answer in the House and no supplementary question can be asked thereon.
Other two types are:

Short Notice Questions: A member may give a notice of question on a matter of public importance and of urgent character for oral answer at a notice less than 10 days prescribed as the minimum period of notice for asking a question in ordinary course. Such a question is known as ‘Short Notice Question’.

Questions to Private Members: A Question may also be addressed to a Private Member (Under Rule 40 of the Rules of Procedure and Conduct of Business in Lok Sabha), provided that the subject matter of the question relates to some Bill, Resolution or other matter connected with the business of the House for which that Member is responsible. The procedure in regard to such questions is same as that followed in the case of questions addressed to a Minister with
such variations as the Speaker may consider necessary.

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