🔰 Chairman and Deputy Chairman of the Rajya Sabha 🔰

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1️⃣ Chairman of the Rajya Sabha

🛜 Position: The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. (Art. 64)

🛜 Role:

Presides over the sittings of the Rajya Sabha.

Maintains order and decorum in the House.

Decides on points of order.

No voting power, except casting vote in case of a tie.

🛜 Remuneration: Draws salary as Vice-President, not as Chairman.

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2️⃣ Deputy Chairman of the Rajya Sabha

🛜 Election (Art. 89(1)): Elected by the members of the Rajya Sabha from among themselves.

🛜 Role:

Presides over the House in the absence of the Chairman.

Enjoys all powers of the Chairman when presiding.

🛜 Tenure: Holds office until he/she ceases to be a member of Rajya Sabha or resigns, or is removed by a resolution of the Rajya Sabha (effective by a majority of members present and voting).

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🛜 Key Points

*️⃣ Article 64 → Vice-President is Chairman of Rajya Sabha.

*️⃣ Article 89 → Rajya Sabha elects a Deputy Chairman.

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🔘 Removal:

⏭️ Chairman (Vice-President) → removed by Rajya Sabha & Lok Sabha resolution (Art. 67(b)).

⏭️ Deputy Chairman → removed by a majority resolution in Rajya Sabha alone.

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⏹️ Conclusion

The Chairman (Vice-President) and the Deputy Chairman ensure smooth functioning of the Rajya Sabha. While the Chairman is an ex-officio presiding officer, the Deputy Chairman is elected from within the House to discharge duties in his absence.

📌 Exam Tip: Always mention Articles 64 & 89, and the fact that Chairman = Vice-President (ex-officio) while Deputy Chairman = elected by Rajya Sabha.

🔰 Speaker and Deputy Speaker of Lok Sabha 🔰

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1️⃣ Speaker of Lok Sabha

◾️ Constitutional Basis: Article 93 – Lok Sabha shall choose two members as Speaker and Deputy Speaker.

◾️ Election: Elected by the members of the Lok Sabha from among themselves.

◾️ Tenure:

👉🏻 Holds office during the life of Lok Sabha (5 years).

👉🏻 Vacates earlier if:

Ceases to be member of Lok Sabha, or

Resigns, or

Removed by a resolution of the Lok Sabha passed by a majority of all members.

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◾️ Powers & Functions:

👉🏻 Presides over sittings of Lok Sabha and maintains order.

👉🏻 Decides questions of disqualification under the Tenth Schedule (Anti-Defection Law).

👉🏻 Decides on points of order; his decision is final.

👉🏻 Refers bills to committees.

👉🏻 No voting power, except casting vote in case of a tie.

👉🏻 Acts as ex-officio Chairperson of Business Advisory Committee, Rules Committee and General Purposes Committee.

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◾️ Special Position:

Considered the guardian of the privileges of Lok Sabha.

Next to President in order of precedence.

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2️⃣ Deputy Speaker of Lok Sabha

◾️ Election: Elected by members of Lok Sabha from among themselves after election of the Speaker.

◾️ Role:

Presides over Lok Sabha in the absence of the Speaker.

When presiding, has same powers as the Speaker.

◾️ Tenure: Same as Speaker; removable by a majority resolution of the Lok Sabha.

◾️ Key Points

Article 93 → Provision for Speaker and Deputy Speaker.

◾️ Removal: By resolution of Lok Sabha (effective by majority of all then members).

⏺️ Case Law: Kihoto Hollohan v. Zachillhu (1992) – Speaker’s decision under Anti-Defection Law is subject to judicial review.

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⏺️ Conclusion

The Speaker is the presiding officer and guardian of Lok Sabha proceedings, while the Deputy Speaker assists and acts in his absence. Together, they ensure the smooth and impartial functioning of the House of the People.

📌 Exam Tip: Always write – Art. 93, Anti-Defection role, casting vote, judicial review (Kihoto Hollohan, 1992).

🔰 Disqualifications of Members of Parliament 🔰

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⛳️ Constitutional Provisions

The disqualifications of MPs are laid down mainly in:

Articles 102 & 103 of the Constitution.

Representation of the People Act, 1951 (RPA).

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1️⃣ Disqualification under the Constitution (Art. 102)

A person shall be disqualified for being chosen as, and for being, a member of Parliament if he:

⛔️ Holds any office of profit under the Union or State government (except offices exempted by Parliament).

⛔️ Is of unsound mind, declared so by a competent court.

⛔️ Is an undischarged insolvent.

⛔️ Is not a citizen of India or has voluntarily acquired the citizenship of a foreign State.

⛔️ Is disqualified under any law made by Parliament (RPA, 1951).

👉 Article 103 – Decision on disqualification is made by the President, who must act according to the opinion of the Election Commission.

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2️⃣ Disqualification under Representation of the People Act, 1951

A person is disqualified if he/she:

❌ Is convicted of certain criminal offences (e.g., corruption, terrorism, promoting enmity, certain serious crimes).

❌ Is guilty of corrupt practices in elections.

❌ Has engaged in government contracts, works or services.

❌ Fails to lodge an account of election expenses.

❌ Is a director/manager in a company owing money to government.

(Important: 2013 Supreme Court ruling in Lily Thomas v. Union of India – MPs convicted of a criminal offence and sentenced to 2 years or more are disqualified immediately; earlier they could continue till appeal.)

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3️⃣ Disqualification under Anti-Defection Law (Tenth Schedule)

An MP can be disqualified if:

⚠️ He voluntarily gives up membership of his party.

⚠️ He votes or abstains contrary to party whip without permission.

⚠️ An independent member joins a political party after election.

⚠️ A nominated member joins a party after 6 months of nomination.

⚠️ Decision lies with the Speaker (Lok Sabha) or Chairman (Rajya Sabha).

Kihoto Hollohan v. Zachillhu (1992) – Speaker’s decision under Tenth Schedule is subject to judicial review.

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⛳️ Conclusion

The disqualifications of MPs are designed to ensure that Parliament consists of persons of integrity, loyalty and accountability. The provisions under Articles 102–103, RPA 1951 and Anti-Defection Law collectively protect the sanctity of Parliament.

📌 Exam Tip: Always write – Articles 102–103, RPA 1951, Lily Thomas (2013), Kihoto Hollohan (1992).

🔰 Powers, Privileges and Immunities of Parliament and its Members 🔰

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🎲 Constitutional Basis

Articles 105 & 194 deal with the powers, privileges and immunities of Parliament/State Legislatures.

🎲 Purpose: To enable legislators to function independently and fearlessly.

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1️⃣ Powers of Parliament

🧩 Legislative Powers – Makes laws on Union List & Concurrent List (Art. 246).

🧩 Financial Powers – Controls taxation, budget, expenditure (Money Bill introduced only in Lok Sabha).

🧩 Constitutional Powers – Can amend Constitution (Art. 368).

🧩 Judicial Powers – Impeachment of President, removal of judges, punish for breach of privilege.

🧩 Electoral Powers – Elects President, Vice-President.

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2️⃣ Privileges and Immunities of Parliament & its Members (Art. 105)

🅰️ Collective Privileges of Parliament

◾️ Right to publish proceedings; others need Parliament’s permission.

◾️ Right to exclude strangers from proceedings and hold secret sittings.

◾️ Right to punish members/outsiders for breach of privilege or contempt.

◾️ Freedom to regulate its own internal proceedings.

🅱️ Individual Privileges of Members

◾️ Freedom of Speech in Parliament (Art. 105(1))

◾️ Members cannot be questioned in any court for anything said/voted in Parliament.

◾️ Subject to parliamentary rules and discipline.

◾️ Freedom from Arrest

◾️ Members cannot be arrested in civil cases during sessions, and 40 days before/after session.

◾️ No immunity in criminal cases.

◾️ Exemption from Jury Duty

◾️ Cannot be compelled to give evidence or appear as a witness while Parliament is in session.

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3️⃣ Limitations

Privileges are not absolute; they are subject to the fundamental rights of citizens (esp. freedom of speech, Art. 19).

They are undefined in many respects, hence decided on a case-to-case basis.

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4️⃣ Important Case Laws

🔲 Keshav Singh’s case (1965): Supreme Court held that Parliament’s privileges are subject to judicial review.

🔲 Shiv Sagar Tiwari case (1997): Misuse of privileges (allotment of government accommodation) was criticized.

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🎲 Conclusion

The powers, privileges and immunities of Parliament and its members are essential to maintain the independence and dignity of the legislature. However, since many privileges remain uncodified, the balance between legislative privileges and fundamental rights is maintained by the judiciary.

📌 Exam Tip: Always write – Articles 105 & 194, freedom of speech, freedom from arrest (civil cases), Keshav Singh case (1965).

🔰 Provisions as to Introduction and Passing of Bills in Parliament 🔰

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1️⃣ Types of Bills

🎯 Ordinary Bills – Any bill other than Money/Finance/Constitution Amendment Bill.

🎯 Money Bills – Related to taxation, borrowing, expenditure from Consolidated Fund (Art. 110).

🎯 Finance Bills – Financial matters, but not strictly Money Bills.

🎯 Constitution Amendment Bills – Amendments under Art. 368.

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2️⃣ Ordinary Bills (Art. 107)

Can be introduced in either House (Lok Sabha or Rajya Sabha).

Stages in Passing:

🎖 First Reading – Introduction & publication.

🎖 Second Reading – General discussion, committee stage, clause-by-clause consideration.

🎖 Third Reading – Debate & voting.

Must be passed by a simple majority in both Houses.

If disagreement: Joint Sitting (Art. 108), summoned by the President.

Requires President’s assent to become law.

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3️⃣ Money Bills (Art. 110 & 109)

🛶 Can be introduced only in Lok Sabha, on the recommendation of the President.

🛶 Rajya Sabha cannot amend/reject, can only recommend changes within 14 days.

🛶 Lok Sabha may accept or reject recommendations.

🛶 Final authority rests with Lok Sabha.

🛶 Requires President’s assent.

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4️⃣ Finance Bills

Type I (Art. 117(1)): Deals with taxation/expenditure from Consolidated Fund → same procedure as Money Bills.

Type II (Art. 117(3)): Involves financial matters, but follows procedure of an Ordinary Bill, with the condition of President’s recommendation.

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5️⃣ Constitution Amendment Bills (Art. 368)

🚜 Can be introduced in either House.

🚜 Must be passed in each House by special majority (2/3rd present and voting and majority of total membership).

🚜 No joint sitting in case of disagreement.

🚜 If it seeks to change federal provisions (e.g., representation of states, executive powers), it must be ratified by half of the State Legislatures.

🚜 Requires President’s assent.

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6️⃣ Role of President

🎯 Ordinary Bills – May give assent, withhold or return (except Money Bills).

🎯 Money Bills – Can only give or withhold assent.

🎯 Constitution Amendment Bills – Must give assent; cannot withhold or return.

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🔵 Conclusion

The Constitution provides different procedures for the passage of ordinary, money, finance and constitutional amendment bills to ensure checks and balances between both Houses of Parliament, the President and the States in a federal setup.

📌 Exam Tip: Always remember –

Art. 107–111 → Ordinary Bills

Art. 110 & 109 → Money Bills

Art. 117 → Finance Bills

Art. 368 → Constitutional Amendment Bills

🔰 Joint Sitting of Both Houses of Parliament 🔰

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🚀 Constitutional Provision

Article 108 of Indian Constitution.

A mechanism to resolve a deadlock between Lok Sabha and Rajya Sabha over the passage of an ordinary bill.

Presided over by the Speaker of Lok Sabha (or Deputy Speaker; in his absence, the Deputy Chairman of Rajya Sabha).

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🚀 When is a Joint Sitting Summoned?

The President may summon a Joint Sitting if a bill (other than Money Bill/Constitution Amendment Bill) has been rejected or delayed by the Houses:

🚦If one House rejects the bill.

🚦If the Houses finally disagree on amendments.

🚦If more than 6 months lapse without the other House passing the bill.

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🚀 Exceptions (No Joint Sitting)

Money Bills (Art. 110).

Constitution Amendment Bills (Art. 368).

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🚀 Procedure

At Joint Sitting → bill is passed by simple majority of members present and voting.

Lok Sabha dominates because it has more members.

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🚀 Important Joint Sittings Held

1961 – Dowry Prohibition Bill.

1978 – Banking Service Commission (Repeal) Bill.

2002 – Prevention of Terrorism Bill (POTA).

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🚀 Significance

Ensures legislative efficiency by resolving deadlocks.

Reflects the supremacy of Lok Sabha (directly elected House).

📌 Exam Tip: Always write – Art. 108, presiding officer = Speaker of Lok Sabha, not applicable to Money/Constitutional Amendment Bills + mention POTA 2002 example.

🔰 Money Bills 🔰

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🚁 Constitutional Provision

Article 110 of Indian Constitution.

A Money Bill is a bill that deals exclusively with matters relating to money – such as taxation, borrowing of money or expenditure from the Consolidated Fund of India.

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🚁 Definition (Art. 110(1))

A bill is deemed to be a Money Bill if it contains only provisions dealing with any or all of the following matters:

🔹 Imposition, abolition, remission, alteration or regulation of any tax.

🔹 Regulation of borrowing of money by the Government of India.

🔹 Custody of the Consolidated Fund of India or Contingency Fund of India and payment of money into or withdrawal from them.

🔹 Appropriation of money out of the Consolidated Fund.

🔹 Declaring any expenditure as charged on the Consolidated Fund.

🔹 Receipt of money on account of the Consolidated Fund or Public Account of India.

🔹 Any matter incidental to the above.

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🚁 Certification

The Speaker of the Lok Sabha decides whether a bill is a Money Bill and his decision is final (Art. 110(3)).

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🚁 Special Procedure

🔸 Can be introduced only in Lok Sabha, on recommendation of the President.

🔸 Rajya Sabha cannot reject/amend; it can only make recommendations within 14 days.

🔸 Lok Sabha may accept or reject those recommendations.

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🚁 Case Reference

Rojer Mathew v. South Indian Bank (2019): Supreme Court held that Speaker’s certification of a Money Bill is subject to judicial review in limited cases.

✅ Exam Tip: Always mention – Art. 110, Speaker’s final authority, only in Lok Sabha, Rajya Sabha’s limited role.