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Subject: Constitution Law 2
BALLB/ BBALLB/BCOMLLB/LLB
Semester 4
Study Material
Article 52- 62 Article 52 : President 53: (1) executive Power of the President (2) Supreme Command of the defence force (3) (a)no transf er (b) of his work 54: Election of President (a) Elected members of both houses (b) Legislative assemblies of the states 55: Manner of Election 56: Term of office: 5 years 57: Eligibility for re-election 58: Qualifications for President of India:
- He/she should be a citizen of India;
- should have completed the age of 35 years;
- should be qualified to be elected as a member of Lok Sabha;
- should not hold any office of profit i.e. the candidate should not be a government servant. (The of fice of the President, the Vice-President, the Governor or the Minister of the Union or the State is not considered as an office of profit for this purpose). 59: (1) Shall not be the member of either houses (4) Allowances should not be diminished during his term. 60: Oath: Chief Justice of S.C. 61: Procedure of impeachment 62: Vacancy of the office of the president. The procedure of Election of President The President is elected by an Electoral College - elected members of both Houses of Parliament i.e. Lok Sabha and Rajya Sabha and of the State Legislative Assemblies. Nominated members of Parliament and members of State Legislative Councils are not a part of the Electoral College.
The election is held by a single transferable vote system of proportional representation. The voting is done by secret ballot. Names of all the candidates are listed on the ballot paper and the elector gives them numbers pref erences. Every voter may mark on the ballot paper as many pref erences as there are candidates. Thus the elector shall place the figure “1 ” opposite the name of the candidate whom he/she chooses for f irst preference and so on. To be elected, a candidate must get more than 50% of the total valid votes polled. This is known as Quota. The Quota is determined by calculating the total number of votes polled divided by the number of candidates to be elected plus one. In the f irst count, only f irst preference votes are counted. If any candidates reach the quota, he/she is declared elected. In case no candidate reaches the quota in the first round, then the 2nd preference votes of the candidate getting the least number of first preference votes are transferred to other candidates. Thus the candidate getting the least number of votes is eliminated. If after counting, a candidate reaches the quota, he/she is declared elected as the President. This continues till any one candidate gets the quota of votes. Oath: The President has takes an oath of office in the presence of the Chief Justice of India. Tenure: The President has a term of five years and is eligible f or re-election. He/she can resign prior to the expiry of his term, or his office may fall vacant due to his/her death. For all purposes, his term of office is said to commence from the date he takes the oath of office. Privileges of the President: The President is not answerable to any court of law for the exercise of his functions. The President can neither be arrested nor any criminal proceedings can be instituted against him in any court of law during his tenure. The President cannot be asked to be present in any court of law during his tenure. A prior notice of two months’ time is to be served before instituting a civil case against him. Functions and Powers of the President: These are divided into three heads
- Executive powers
- Legislative powers
- Financial powers Executive Powers of the President of India
- All decisions of the Union Government are communicated to him/her by the Prime Minister.
- All the f unctions are performed by the President on the advice of the Prime Minister.
- All of ficials appointed by him/her (such as Governors and Ambassadors) may be removed or recalled by him/her, on the advice of the Union Council of Ministers.
- All laws enacted by the Union Parliament are enf orced by him/her.
- All diplomatic work is conducted in his/her name (by the f oreign office and Indian envoys abroad), and all international treaties are negotiated and concluded in his/her name.
- The President appoints India’s ambassadors and high commissioners in other countries, and the President receives foreign ambassadors and high commissioners.
- The President can declare war and make peace.
- In his/her capacity as head of state, the President conducts the country’s foreign affairs.
Financial Powers of the President
- All money bills are introduced in the Lok Sabha only with the prior approval of the President.
- The President has the control over Contingency Fund of India. It enables the government to advance money for the purpose of meeting unforeseen expenses.
- Contingency Fund of India: It is a f und kept by the Union Government to meet any unforeseen expenditure f or which money is immediately needed. The President has f ull control over this Fund. The President permits withdrawals from this Fund.
- Annual budget and railway budget are introduced in the Lok Sabha on the recommendation of the President.
- Money bills are never returned for reconsideration.
- The President appoints the Finance Commission after every f ive years. It makes recommendations to the President on some specific financial matters, especially the distribution of Central taxes between the Union and the States.
- The President also receives the reports of the Comptroller and Auditor-General of India and has it laid in the Parliament. Executive powers
- Article 53 of the Indian Constitution states that all the executive powers of the Union will be vested in the President of India. President is allowed to exercise his executive powers through of ficers subordinate to him, directly or indirectly, in consonance to the provisions of the Constitution. Under this article, the President has powers regarding:
- Appointment of the high authorities of the Constitution like the Prime Minister and the Council of Ministers;
- Right of being informed about all the national affairs;
- Appointment of the judges of the constitutional courts (Supreme Court and High Courts);
- Appointment of the state Governors, the Attorney General, the Comptroller, and Auditor General, the Chief Commissioner and members of the Election Commission of India;
- Administration of Union territories and appointment of the Chief Commissioners and Lieutenant Governor of the Centrally Administered Areas;
- Removal of the Council of Ministers, the state Governors, the Attorney General. Military powers
- Article 53 also states that the President shall be the Supreme Commander of all the Armed Forces of the Union of India. It also states that no specific provisions can reduce the scope of this general principle. As the Supreme Commander of the Armed Forces of the Union, President has powers regarding:
- Appointment of all the officers, including the appointment of the chiefs of the forces;
- Wars are waged in the name of the President;
- Peace is concluded in the name of the President. Diplomatic powers The President f orms the f ace of Indian diplomacy and helps the nation to maintain cordial relationships with countries across the globe. All the Ambassadors and high commissioners in foreign nations are his representatives; He receives the credentials of the Diplomatic representatives of other nations;
Prior to ratification by Parliament, the treaties and agreements with other nations, are negotiated by the President. Miscellaneous powers:
- The President, as head of state, can pardon a criminal or reduce the punishment or suspend, commute or remit the sentence of a criminal convicted by the Supreme Court or High Courts for an offence against the federal laws.
- The President can also pardon a person convicted by a Court Martial. His/her power of pardon includes granting of pardon even to a person awarded death sentence. But, the President perf orms this function on the advice of Law Ministry. Removal of the President:
- It is done by impeachment, a quasi-judicial procedure, on the grounds of the violation of the Constitution. The President can be removed through impeachment. The Constitution lays down a dif ficult procedure f or the impeachment of the President. He can only be impeached ‘for violation of the Constitution’. The procedure of impeachment of President of India:
- The resolution to impeach the President can be moved in either House of Parliament after a notice has been given by at least one-fourth of the total number of members of the House.
- Such resolution must be passed by a majority of not less than two-thirds of the total membership of that House before it goes to the other House for investigation.
- The charges levelled against the President are investigated by the second House.
- President has right to be heard or defended when the charges against him are being investigated. He may def end himself in person or through his counsel.
- If charges accepted by two-thirds majority of the second House, the President stands removed f rom the office from the date of resolution passage. Vacancy of the Presidential office: If the of fice of the President f alls vacant either due to death or resignation or impeachment, the Vice- President officiates it for a period, not more than six months. The Constitution makes it obligatory that in case of vacancy of President’s office, t he election must be held within six months. The newly elected President then holds office for five years. In Maru Ram Etc. Etc v Union of India, Supreme Court held that pardoning power under Article 72 is to be exercised by the President, on the advice of Central Government and not on his own will and that the advice is binding on the head of the Republic. In Dhananjay Chatterjee alias Dhana v State of West Bengal, the Supreme Court reiterated the same. Nature of Pardoning Power Indian Presidents are known for the generous grant of pardons. Pardon is an act of grace and not a form of a right to be demanded by any person. Unlike the Constitutional provision, Pardon is granted by the executive as a whole and not by the President alone. This is done as it is necessary for the President to act on the aid and advice of the Council of Ministers. A pardon completely sets free an offender of all his guilt. A full pardon makes the person innocent in the eyes of law as if he has never committed a crime. It gives him the identity as that of a new man with a new set of capacities.
The Vice-President of India 63: There shall be a Vice-President of India. 64: The vice-president to be ex-officio chairman of the council of states The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit 65: The vice-president to act as president or to discharge his f unctions during casual vacancies in the of fice, or during the absence, of president (1) In the event of the occurrence of any vacancy in the office of the President by reason of this death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office. (2) When the President is unable to discharge his f unctions owing to absence, illness or any other cause, the Vice-President shall discharge his f unctions until the date on which the President resumes his duties. (3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. 66: Election of vice-president (1) The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of a single transferable vote and the voting at such election shall be by secret ballot. (2) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President. (3) No person shall be eligible for election as Vice-President unless he – (a) is a citizen on India; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Council of States. (4) A person shall not be eligible f or election as Vice-President if he holds any of fice of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. 67: Term of office of vice-president The Vice-President shall hold office f or a term of f ive years f rom the date on which he enters upon his office: Provided that (a) A Vice-President may, by writing under his hand addressed to the President, resign his office; (b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council.
(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. How the Vice President is elected in India?
- There is no direct election for the Vice-President of India however, he/she is indirectly elected by an Electoral College. The election process is quite similar to that of the President of India but the electoral college that elects President is different f rom the electoral college responsible f or the election of Vice-President of India.
- The difference between the electoral college that elects President and the one electing Vice- President of India is given below:
- In electoral college for Vice President, both elected and nominated members of both the Houses of Parliament take part. In presidential elections, nominated members are not a part of the electoral college.
- For Vice President’s elections, states have no role to play unlike in President’s elections where state legislative assemblies’ elected members are a part of the electoral college. Who can be a Vice President of India?
- An Indian citizen can qualify for the post of Vice President if he is 35 years old or more.
- Another qualification for a candidate to run f or vice-presidential elections is to be qualified to be elected as Rajya Sabha member.
- An of fice of profit cannot be held by the Vice President of India.
- The qualif ications of this post are on the same lines of Presidential qualifications. Who participates in Vice President election? An electoral college comprising below-given categories of people elect the Vice President.
- The mode of election hence is termed as ‘indirect election’.
- The principle of election used is Proportional Representation by means of Single Transf errable Vote.
- Elected members of both Lok Sabha and Rajya Sabha.
- Nominated members of both Lok Sabha and Rajya Sabha.
- There can be no more than 2 nominated members in Lok Sabha and 12 in Rajya Sabha.
- State Legislative Assemblies in case of unilateral legislatures and State legislative councils along with Assemblies in case of bilateral legislatures; don’t participate in the election of Vice President Who is qualified to become Vice President of India?
- An Indian Citizen who has completed 35 years of age is qualified to become the Vice-President of India given, he is also qualified to be a Rajya Sabha member.
- However, he should not be a member of either Lok Sabha or Rajya Sabha and if he is elected as Vice President when he has a seat in either of the house, he is deemed to have vacated that seat on his f irst day in the office.
- He also is not allowed to hold any of fice of profit under union government, state government, public authority and local authority. The f ollowing people are also qualified to become the Vice President of India:
- Sitting President of India
- Sitting Vice President of India
- Governor of State
- MPs/MLAs
Is Vice-President of India the Chairman of Rajya Sabha? Yes, Vice President is the ex-officio Chairman of Rajya Sabha. When can Vice President act as President? When the President’s office is vacant due to: Resignation Removal Death Absence due to illness Can Vice President act as himself and as the President simultaneously? No, when he acts as President, his seat as Vice President is taken over by Deputy Chairperson of Rajya Sabha What is the maximum period till Vice President serves as President? The maximum period of six months What are the major articles related to Vice President in the Indian Constitution? The articles (63-71) are related to the Vice President. (To know more about important articles in Indian Constitution, ref er to the linked article.) Has any amendment made in the constitution in relation to the office of Vice President? 11th Constitutional Amendment changed the way of election of Vice President. Originally, Vice President has to be elected by the two houses that have to assemble in a joint-sitting Can Vice President be re-elected? Yes, he/she can be What is the Vice President’s salary? Parliament is entitled to f ix Vice President’s salary. The current salary is Rs. 1.25 lakh which he/she draws as a chairperson of Rajya Sabha Any Vice-President who has served two terms or more than two terms? Dr S. Radhakrishnan (1952-1962) & Mohammad Hamid Ansari (2007-2017)
Power and Function of Prime Minister Prime Minister of India serves the country by following various functions. He performs his functions taking responsibilities as:
- The leader of Country: The Prime Minister of India is the Head of the Government of India.
- Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.
- Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference among the members.
- Of f icial Representative of the country: Prime minister represents the country f or high-level international meetings
- The link between the President and the Cabinet: The Prime Minister acts as the link between President and cabinet. He communicates all decisions of the Cabinet to the President which is related to the administration of the affairs of the Union and proposals for legislation.
- Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of Personnel, Public Grievances and Pensions.
- Chief Advisor: He acts as the chief advisor to the President Who is eligible to be a Prime Minister? To become an Indian prime minister one has to be
- A citizen of India.
- A member of either Rajya Sabha or Lok Sabha
- He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of age if he is a member of the Lok Sabha Position of the Prime Minister
- Right f rom the days of the f irst Prime Minister Pandit Jawaharlal Nehru, the Prime Minister is treated at a much higher stand. His existence rests on his commanding position in the Cabinet, coupled with fact that he is the leader of the majority party.
- All these positions of power when combined in one person make him rank much above an ordinary Minister. The death or resignation of the Prime Minister automatically brings about the dissolution of the Council of Ministers. It generates a vacuum. The demise, resignation or dismissal of a Minister creates only a vacancy which the Prime Minister may or may not like to f ill. The Government cannot f unction without a Prime Minister but the absence of a Minister can be easily compensated.
RAJYA SABHA: THE UPPER HOUSE OF INDIAN PARLIAMENT
In India, a Second Chamber was f oreseen f or the f irst time under the Montague Chelmsford Reforms proposals. The Government of India Act, 1919 accordingly, provided that the Indian Legislature shall consist of the Governor-General and the two chambers, namely the Council of State and the House of Assembly. The term of the Council was fixed at five years. Under the Government of India Act, 1935, however, the Council of State was made a continuous body, not subject to dissolution. The members were to hold their seats f or nine years and one-third of them retiring at the end of every three years. Composition of Parliament Parliament of India consists of the President and two Houses—the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Rajya Sabha, as its name suggests, represents the States although the States are not equally represented in this House. Rajya Sabha consists of the representatives of the States and the Union territories and persons nominated by the President of India. Not more than two hundred and thirty - eight representatives of the States and the Union territories can be elected to Rajya Sabha. The allocation of seats to the States and the Union territories has broadly been made on the basis of population and the number of seats to be f illed up by each of them has been specified in the Fourth Schedule to the Constitution. The representatives of the States are elected by their respective Legislative Assemblies in accordance with the system of proportional representation by means of the single transferable vote and Parliament by law prescribes the mode of choosing the representatives of the Union territories. Apart f rom elected members, Rajya Sabha has twelve members nominated by the President of India from amongst persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service. The present strength of Rajya Sabha is 245. Duration As per the provisions of the Constitution, Rajya Sabha is not subject to dissolution but one-third of its members retire every second year. The term of individual members is six years. Casual vacancies whenever occurring, are filled through bye-elections for the remaining term only. Qualification for Membership In order to be chosen a member of Rajya Sabha, a person (a) must be a citizen of India, (b) must not be less than 30 years of age. Under the Representation of the People Act, 1951, a person had to be an elector in a parliamentary constituency in the State from where he seeks election to Rajya Sabha. It may, however, be mentioned that the Representation of the People (Amendment) Act, 2003, which amended Section 3 of the Representation of the People Act, 1951, has done away with the requirement of being a resident of State or Union territory from which a person seeks to contest elections to Rajya Sabha. He/She has to be an elector in a parliamentary constituency anywhere in India. It has also provided that the election to fill a seat in Rajya Sabha shall be by open ballot.
Disqualification for Membership The f ollowing grounds could disqualify a person for being chosen and for being a member of Rajya Sabha (a) if he holds any office of profit under the Government of India or the Government of any State, other than an of fice declared by Parliament, by law, not to disqualify its holder; (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a f oreign State, or is under any acknowledgement of allegiance or adherence to a foreign State; and (e) if he is so disqualified by or under any law made by Parliament. The mere f act of a person being a Minister either of the Union or of any State does not amount to holding an office of profit. Pursuant to certain constitutional provisions, Parliament has enacted laws exempting holders of certain offices from being disqualified as members of Parliament. The President of India is the f inal authority to decide if a member has become subject to any of the disqualifications. Before giving his decision, however, the President obtains the opinion of the Election Commission of India and acts according to such opinion. Besides, the Constitution provides for dis-qualification of the members on ground of defection. As per the provisions contained in the Tenth Schedule to the Constitution a person shall be disqualified for being a member: (i) if he has voluntarily given up the membership of his political party; and (ii) if he votes or abstains from voting in the House contrary to any direction issued by the political party to which he belongs, unless such voting or abstention has been condoned by the political party within f if teen days. An elected member who has been returned to the House as an Independent candidate shall i ncur disqualification if he joins any political party after such election. A nominated member of the House shall be disqualified from the membership of the House if he joins any political party after the expiry of six months from the date of his taking seat in the House. However, disqualification on ground of defection does not apply in case of merger of political parties under the provisions contained in the Tenth Schedule to the Constitution. It may be mentioned that the Constitution (Ninety-first Amendment) Act, 2003 sought, inter alia, an amendment to the Tenth Schedule by omitting paragraph 3 pertaining to the exemption f rom disqualification in case of split in a legislature party. The provisions of disqualification, under the Tenth Schedule, do not ap ply to a member who on his election as the Speaker or the Deputy Speaker of Lok Sabha or the Deputy Chairman of Rajya Sabha, or the Chairman or the Deputy Chairman of the Legislative Council of a State or the Speaker or the Deputy Speaker of the Legislative Assembly voluntarily gives up his membership of the political party to which he belonged immediately before his election or rejoins such political party af ter he ceases to hold such of fice. The Chairman or, as the case may be, the Speaker has been given the final authority to decide questions of disqualification of a member of a House under the provisions of the Tenth Schedule to the Constitution. Presiding Officers of Rajya Sabha
(iii) Prohibition on the courts to inquire into proceedings of Parliament. (iv) Immunity to a person from any court proceedings in respect of the publication in newspaper of a substantially true report of any proceedings of either House of Parliament unless the publication is proved to have been made with malice. (v) Freedom f rom arrest of members in civil cases during the continuance of the session of the House and forty days before the commencement and forty days after its conclusion. (vi) Exemption of a member from service of legal process and arrest within the precincts of the House. Functions The f unctions of Rajya Sabha may broadly be categorised as: Legislative, Financial, Deliberative and Federal. Legislation is by far the most important business of Rajya Sabha, as indeed of Parliament and in this sphere, Rajya Sabha enjoys almost equal powers with Lok Sabha. Legislative Functions The Constitution has classified the subjects for legislation into three Lists, namely (1) the Union List, (2) the State List and (3) the Concurrent List. The Union List includes those subjects over which Parliament has exclusive authority to make laws, while the Concurrent List enumerates those subjects over which it has authority along with the States. It has been provided that if the Legislature of a State makes a law in respect of a matter enumerated in the Concurrent List which contains any provision repugnant to the provisions of a law made by Parliament with respect to that matter, then the law somade by the Legislature of such State will, if it has been reserved f or the consideration of the President and has received his assent, prevail in that State but at the same time Parliament has the power to enact any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State. The residuary power is vested in the Centre. Even in regard to the State List, over which the States have exclusive jurisdiction, Parliament can assume authority, if (1) Rajya Sabha declares by a resolution supported by not less than two-thirds of the members present and voting that such legislation is in national interest, or (2) two or more States mutually agree that Parliament may do so, or (3) it is necessary to implement treaties or international conventions. Further, when a Proclamation of Emergency is in operation, Parliament is competent to legislate on matters included in the State List. A Bill can be introduced in either House of Parliament. A Bill introduced by the Minister is known as Government Bill and a Bill introduced by a private member is known as Private Member's Bill. The procedure for the passage of the Bills is similar in both the cases. A Bill has to pass through three stages in each House of Parliament and receive Presidential assent bef ore it becomes an Act of Parliament. In the event of a deadlock between the two Houses on a Bill other than a Money Bill or a Constitution Amendment Bill, the issue is resolved at a joint sitting of the two Houses. Financial Functions Under the Constitution, f inancial legislation has been divided into two categories - Money Bills and Financial Bills. The former contains only and exclusively money clauses and the latter, apart from money
clauses also contains other matters. Neither type of Bill can be introduced in Rajya Sabha. A Bill which, if enacted and brought into operation would involve expenditure from the Consolidated Fund of India is also called a Financial Bill. Such a Bill, however, can be introduced in Rajya Sabha. It cannot be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill. With respect to Money Bills, Rajya Sabha is empowered to make only recommendations. If a Money Bill which is transmitted to Rajya Sabha f or its recommendations is not returned to Lok Sabha within f ourteen days, it is deemed to have been passed by b oth Houses at the expiration of the said period in the f orm it was passed by Lok Sabha. However, in case of Financial Bills, Rajya Sabha has full powers like an ordinary piece of legislation. The Annual Budget of the Government is laid before Rajya Sabha also, although the Budget speech is made in Lok Sabha only. Rajya Sabha has no powers to vote on the Demands f or Grants of the Ministries/Departments which is the exclusive domain of Lok Sabha. However, the twenty - four Department-related Parliamentary Standing Committees which have thirty-one members, ten from Rajya Sabha and twenty-one from Lok Sabha, examine the Demands f or Grants of the respective Ministries/Departments of the Government of India. Deliberative Functions One of the important f unctions of Rajya Sabha is to f ocus public attention on major problems affecting policies of the Government and administration and to provide a forum for ventilation of public grievances. This responsibility is discharged through deliberations on General Budget, Railway Budget, Motion of Thanks on the President's Address, Five-Year Plans and working of various Ministries/Departments and on various policy statements made by the Government. Rajya Sabha also places its views on various international issues.
General Purposes Committee: It considers and advises the Chairman on matters concerning the affairs of the House, which do not appropriately fall within the purview of any other committee. House Committee: It deals with the residential accommodation and other amenities for members. Committee on Ethics : It oversees the ethical and moral conduct of the members of Rajya Sabha and also examines cases referred to it with reference to ethical and other misconduct of members. Committee on Provision of Computers to Members of Rajya Sabha: It deals with matters relating to supply of computers to members and also reviews the hardware and software requirements of members. Committee on Members of Parliament Local Area Development Scheme: This Committee monitors the implementation of the Member of Parliament Local Area Development (MPLAD) Scheme. Members of Rajya Sabha are also associated with some of the important Committees of Lok Sabha like the Committee on Public Accounts, Committee on Public Undertakings and Committee on the Welfare of Scheduled Castes and Scheduled Tribes. Department-related Parliamentary Standing Committees With a view to f urther strengthening the Committee System, the two Houses of Parliament gave unanimous approval on 29 March 1993, for the setting up of the seventeen Department-related Standing Committees. The Department-related Parliamentary Committee System was inaugurated on 31 March 1993 and the new Committees started f unctioning from 8April 1993. Members of both Houses serve on these Committees. Six of the seventeen Department-related Parliamentary Standing Committees set up initially, viz., the Committee on Commerce; the Committee on Home Affairs; the Committee on Human Resource Development; the Committee on Industry; the Committee on Science and Technology, Environment and Forests; and the Committee on Transport, Tourism and Culture are under the administrative control of the Chairman of Rajya Sabha. It may be mentioned that in July 2004, the number of these Committees has been increased to twenty four with a view to streamlining the committee system and broadening the Parliamentary scrutiny of the executive. Out of these twenty four committees, eight f unction under the control and direction of the Chairman, Rajya Sabha. The two new Committees which f unction under the administrative control of Chairman of Rajya Sabha are the Committee on Health and Family Welfare, and the Committee on Personnel, Public Grievances, Law and Justice. These Committees encompass f or scrutiny purpose all Ministries and Departments of the Government within their ambit. The Department-related Committees are entrusted with the following functions: (a) to consider the Demands for Grants of the related Ministries/Departments and report thereon. The report shall not suggest anything of the nature of cut motions; (b) to examine Bills, pertaining to the related Ministries/ Departments, referred to the Committee by the Chairman or the Speaker, as the case may be, and report thereon; (c) to consider the annual reports of the Ministries/ Departments and report thereon; and (d) to consider national basic long term policy documents presented to the Houses, if referred to the Committee by the Chairman or the Speaker, as the case may be, and report thereon. These Standing Committees are not to consider matters of day-to-day administration of the related Ministries/Departments. Secretary-General and the Secretariat
Rajya Sabha has a Secretariat of its own headed by the Secretary-General, who is a permanent official working under the overall control of the Chairman of Rajya Sabha. The duties of the Secretary - General are to advise the Chairman and Members of Parliament on the law and the Rules of Procedure which regulate parliamentary business, to sign orders of the House, and to endorse and sign Bills sent to the President for signature in the absence of the Chairman. The Secretary-General sits at the Table during the sittings of the House, takes brief notes of the proceedings and also acts as an accounting officer for the votes of the House when there is a division. The Secretary-General is also responsible for the working of the Secretariat, which serves the House by doing the administrative work, printing of Bills and List of Business, s ervicing Committees, and keeping the records of the House. Parliament House The Parliament House, one of the massive structures which can rightly be described as 'romance in red stone’ is a circular edifice about 171 metres (560 feet) in diameter and 0.54 kilometer (one-third of a mile) in circumference. Along the entire circumference on the f irst f loor of the building runs a deep verandah f lanked by a colonnade of 144 massive sandstone columns. Each of these columns are 8.23 metres high. A circular edif ice known as the Central Hall is located in the centre of the Parliament House. Around this hall are located three chambers at three symmetrical points. In between the chambers are the garden courts. In two of these chambers are housed Lok Sabha and Rajya Sabha. A ring of Committee rooms and office rooms lies between the outer verandah and the chambers. Inside the semi-circular chambers of Lok Sabha and Rajya Sabha, the general layout is almost similar. The total number of seats in the Lok Sabha Chamber is 550 and in the Rajya Sabha Chamber 250. Rajya Sabha Chamber The Rajya Sabha Chamber is of a horse-shoe shape and its pattern is similar to that of the Lok Sabha Chamber. It is, however, smaller in size and has a seating capacity for 250 members. Originally, the Rajya Sabha Chamber had a seating capacity f or 82 members only. In 1957, when the Automatic Vote Recording Equipment was installed there, the number of seats was increased to 250 keeping in view any possible expansion of the House in f uture. The Rajya Sabha Chamber is air-conditioned and has modern acoustic system. The recently installed light - system enables television cameras to electronically record the proceedings of the House, which is telecast by the of ficial televi sion called 'Doordarshan'. The Chair of the Chairman of Rajya Sabha stands on a raised platform in the centre of the straightline connecting the two ends of the horse-shoe. Above the Chair are two galleries, which are not used at present. Starting f rom the lef t of the Chair are situated the Public Gallery, the Chairman's Gallery, the Diplomatic and the Distinguished Visitor's Galleries, the Press Gallery and the Lok Sabha Gallery. In the pit of the Chamber just below the Chairman's Chair is the table of the Secretary-General. In f ront of the table of the Secretary-General, a large table is placed which is known as the Table of the House on which papers are f ormally laid by the Ministers.
