UGC NET LAW (058) · UNIT 02 · MODULE 2: THE UNION AND STATE GOVERNMENT · TOPIC 7

Parliament

How Parliament is composed, what makes a Money Bill, the privileges of members, the anti-defection law, and how the Constitution is amended.

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  • Topic 7 of 25

What this topic covers

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  1. 7.1CompositionRajya Sabha (Article 80): Maximum 250 (238 elected + 12 nominated by President).
    • Rajya Sabha (Article 80)
    • Lok Sabha (Article 81)
  2. 7.2Money Bill (Article 110)Deals ONLY with matters in Article 110(1)(a) to (g): taxes, borrowing, Consolidated Fund, appropriation, supplementary expenditure, audit of accounts.
  3. 7.3Parliamentary Privileges (Article 105)Freedom of speech in Parliament — no liability for anything said or vote cast No arrest in civil cases during session + 40 days before/after Courts cannot question…
  4. 7.4Anti-Defection Law (Tenth Schedule: 52nd Amendment, 1985)Disqualification if: (1) voluntarily gives up party membership; (2) votes/abstains contrary to party direction without permission and party does not condone within 15 days.…
  5. 7.5Constitutional Amendment (Article 368)Simple majority: Creation of new States, changing State names Special majority (2/3 of present and voting + majority of total): Most provisions Special majority +…

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7.1Composition#

In brief

Rajya Sabha (Article 80): Maximum 250 (238 elected + 12 nominated by President).

  • Rajya Sabha (Article 80)
  • Lok Sabha (Article 81)

Rajya Sabha (Article 80): Maximum 250 (238 elected + 12 nominated by President). Permanent body — cannot be dissolved. 1/3 members retire every 2 years. Chaired by Vice President.

Lok Sabha (Article 81): Maximum 543 elected members (after 104th Amendment, 2020 — abolished Anglo-Indian nominated seats). Direct election on basis of adult suffrage. Normal term: 5 years. Chaired by Speaker.

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7.2Money Bill (Article 110)#

In brief

Deals ONLY with matters in Article 110(1)(a) to (g): taxes, borrowing, Consolidated Fund, appropriation, supplementary expenditure, audit of accounts.

Deals ONLY with matters in Article 110(1)(a) to (g): taxes, borrowing, Consolidated Fund, appropriation, supplementary expenditure, audit of accounts. Must be introduced ONLY in Lok Sabha. Rajya Sabha can only make recommendations within 14 days. Speaker's certification is final (Article 110(3)).

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7.3Parliamentary Privileges (Article 105)#

In brief

Freedom of speech in Parliament — no liability for anything said or vote cast No arrest in civil cases during session + 40 days before/after Courts cannot question…

  • Freedom of speech in Parliament — no liability for anything said or vote cast

  • No arrest in civil cases during session + 40 days before/after

  • Courts cannot question Parliamentary proceedings

  • Publication of Parliamentary reports protected

Key evolution: P.V. Narasimha Rao v. State (1998) — bribery for vote protected by Art. 105. Sita Soren v. Union of India (2024): 7-judge bench OVERRULED P.V. Narasimha Rao — bribery NOT protected by Article 105(2).

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7.4Anti-Defection Law (Tenth Schedule: 52nd Amendment, 1985)#

In brief

Disqualification if: (1) voluntarily gives up party membership; (2) votes/abstains contrary to party direction without permission and party does not condone within 15 days.…

Disqualification if: (1) voluntarily gives up party membership; (2) votes/abstains contrary to party direction without permission and party does not condone within 15 days. 91st Amendment (2003): 'split' exception abolished; only merger of 2/3 members recognised. Kihoto Hollohan v. Zachillhu (1992): Tenth Schedule upheld; Speaker's decision subject to judicial review.

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7.5Constitutional Amendment (Article 368)#

In brief

Simple majority: Creation of new States, changing State names Special majority (2/3 of present and voting + majority of total): Most provisions Special majority +…

  1. Simple majority: Creation of new States, changing State names

  2. Special majority (2/3 of present and voting + majority of total): Most provisions

  3. Special majority + Ratification by half of State Legislatures: Federal provisions (Arts. 54, 55, 73, 162, Seventh Schedule, etc.)

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