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BOOK: A MODEL OF NEW CONSTITUTION FOR INDIA
Parliament
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PART-VI

Parliament

53.                Constitution of Parliament.

There shall be a Parliament of Bharat, which shall consist of the President and two Houses to be known respectively as the Rajya Sabha and the Lok Sabha.

 

54.                Constitution and duration of Lok Sabha.

The Lok Sabha shall continue for fix tenure of three years from the date of its constitution by the President, on receipt of the report from the Election Commission of India, after every general election. 

 

55.                Composition of the Lok Sabha.

(1)           The Lok Sabha shall consist of not more than Seven hundred fifty, including five hundred members chosen by direct election from territorial constituencies in the country.

(2)           The each constituency shall be divided in such a manner that population in each constituency, except constituencies within the territories under Bharat Government administrative control, more or less shall, so far as practicable, the same. 

(3)           In this article, the expression population means the population as ascertained at the last preceding census of which the relevant figures have been published in the Gazette.

(4)           The determination of the area of such constituencies shall be declared by the Election Commission of Bharat, in accordance with the guidelines and procedures laid down by the Law Commission of Bharat in consultation with the National Judicial Commission, Chief Justice and three Senior Most Judges of Supreme Court and Government of Bharat.

(1)     The population having within the Territories under Bharat Government administrative control shall be given double weights or should be divided within minimum two constituencies, at the time of determination of the Lok Sabha constituencies.

(2)     So far as practicable, any constituency shall not

consist area from two States.

(3)     The balance two hundred fifty seats should be filled

up in the following manner.

(a) Every recognised National Political Party shall declare and submit before the Election Commission of India a List of the Women Candidates, not less than Two Hundred Fifty, giving priority numbers to them, fifteen days prior to Voting for General Elections starts.

(b)Non-compliance of clause shall make liable to such recognised National Political Party not to use its Election Symbol in the General Election.

(c) After result of the General Election, difference between the total percentage of Votes received and members chosen by direct election, should be covered from such list, deleting the names of the Woman Candidates referred in the list but already chosen by direct election. 

 

56.          Election of the members of Lok Sabha

(1)                 Any person who holds, or held office of a Legislative Assembly of any State for Two consecutive terms or for minimum six years shall be eligible for election to Lok Sabha.

(2)                 A person, who was never convicted, and having been not charge sheeted for any criminal offence, or not been accused in any criminal case six months prior to date of nomination paper, shall be eligible for election to Lok Sabha. Arrest in respect of any specific public movement, based on a prior Notice to the Local Police Station, shall not be construed as a criminal offence, with regards to this provision, is concerned.

(3)                 A person shall not be eligible contest the election to Lok Sabha from two constituencies at the same general election.

(4)                    A person holds any office of profit under the State on the day of his nomination paper, shall not be eligible for election to Lok Sabha.

(5)                    A person shall not be a member of any Legislature of any State or Rajya Sabha on the day of his nomination paper is presented.

(6)                    (a) A candidate could be get elected, from respective constituency, if highest votes get by him would construed as more than twenty percentage of total voters, enrolled in that constituency;

(b)                 In case no candidate gets such support, and then second voting shall be held for two candidates, who gets highest votes in first voting. 

( c)  A candidate gets highest votes in second voting, shall be member of Lok Sabha from such constituency for fix tenure of three years.

(Provided that the condition under sub clause (a) would not be applicable, if total number of candidates in first Voting is two. 

(7)                 A candidate for the election as member of the Lok Sabha shall affirm an oath before the Election Commission of India that he is not an accused in any Criminal case, registered six months prior to the date of nomination for such election, and submit detail of movable and immovable properties in his own name and in the name of wife and spouses, and another list of relations.

 

57.                 Constitution and duration of Rajya Sabha.

(1)           The Rajya Sabha shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every 500 days.

(2)           The term of every member of Rajya Sabha, except the members elected for the seats referred under clause (4), shall be one thousand and five hundred days from the date of completion of elections.

(3)           The provision under clause (2) shall not be applicable for all the first batch of the members of Rajya Sabha to be elected after commencement of this constitution. Amongst them from each State, where total number of the member representing to such State in the Rajya Sabha, one-third members shall be selected for retirement, after 500 days and another one-third members shall be selected for retirement after 1000 days from the date of completion of such election.

(4)           Three shall divide the number of seats representing to a State and undivided balance should be equated by the period of 1500 days for determination of terms of period for the member elected to such seats.

 

58.                Composition of Rajya Sabha.

(1)           The Rajya Sabha shall consist of twelve members to be nominated by the President, consist of persons having special knowledge or practical experience in respect of Literature, science, art and social service.

(2)           Not more than two hundred and fifty representatives from all the States and Territories under Bharat Government administrative control.

(3)           The allocation of seats in the Rajya Sabha to be filled by representatives of the States and the Territories under Bharat Government administrative control shall be half from the constituencies for direct elections to the Lok Sabha.

(4)           Three shall divide the number of seats representing to a State and undivided balance should be equated by the period of 1500 days for determination of terms of period for the member elected to such seats.  

 

59.           Election of the Members of the Rajya Sabha.

(1)        The representatives of each State in the Rajya Sabha shall be elected by the electoral constituencies in each State in accordance with the system of proportional representation by means of the single transferable vote.

(2)        The each electoral constituency should be comprised from the members of the State Legislature, Local-Self Governmental bodies from the respective State.

(3)        The Value of the Total Votes of Members of a State Legislature, as far as practical, should be half of the Value of the Total Votes of Members of the Local-Self Governmental bodies from the respective State.

(4)        Whenever, any seat of the Rajya Sabha become vacate, for any reason whatsoever, a Member for such seat should be elected by the Members of respective State Legislature only.

 

60.                Qualification for membership of the Rajya Sabha.

(1)           A person, who was never convicted, and having been not charge sheeted for any criminal offence, shall be eligible for election to Rajya Sabha. Arrest in respect of any public movement does not be construed as a criminal offence.

(2)                 His nomination paper shall be supported, by at least ten members of State Legislative Assembly, from a recognised National or State Political party.

(3)                 He shall not be a member of any Legislature of  any State or Lok Sabha on the day of his nomination paper is presented.

(4)                 A person holds any office of profit under the State, on the day of his nomination paper, shall not be eligible for election to Rajya Sabha.

(5)                 A person shall not contest election for the membership of the Rajya Sabha more than two terms.

(6)                 He do not lost any election to any State Legislature or Lok Sabha, within five years precedence to his nomination for election to Rajya Sabha.

(7)                 A candidate for the election as member of the Rajya Sabha shall affirm an oath before the Election Commission of India that he is not an accused in any Criminal case, registered six months prior to the date of nomination for such election, and submit detail of movable and immovable properties in his own name and in the name of wife and spouses, and another list of relations.

 

61.                Constitution of a political parliamentary party.

(1)           Every parliamentary party shall be constituted by its all Member in Parliament, plus election of equal number of members from its parent political party. Election of Members from the parent political party shall be for a term of one year and six months.

(2)           The election of such members shall be held under the supervision of the Election Commission of Bharat, by secret voting by the members of general body of such political party, in accordance with the system of proportional representation by means of the single transferable vote.

(3)           Such elected members from parent political party shall not be entitled to any benefit from the Government exchequer or any liberty for such membership in a political parliamentary party.

 

62.     Session of Lok Sabha and prorogation.

(1)           The Speaker, in consultation with President, shall from time to time summon the Lok Sabha to meet at the Sansad Bhawan, but sixty days shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2)           The Speaker, in consultation with the Chairman of Rajya Sabha, may time to time prorogue the Lok Sabha.       

 

63.    Session of Rajya Sabha and prorogation.

(1)           The Chairman, in consultation with the President, shall from time to time summon the Rajya Sabha to meet at the Sansad Bhawan, but ninety days shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2)           The Chairman, in consultation with the Speaker of the Lok Sabha, may time to time prorogue the Rajya Sabha.       

 

64.    Rights of President to address and send messages to Houses.

(1)           The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members.

(2)           The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament, or with regards to any affairs relating to administration of the Government of Bharat, or otherwise, and a House to which any message is so send shall with all convenient despatch consider any matter required by the message to be taken, in a transparent manner, into consideration.

 

65.      Special address by the President.

(1)           At the commencement of the first session after each general election of the Lok Sabha and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons.

(2)                Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address.

 

66.   Rights of Ministers and Attorney General as respects Houses.

                Every Minister and the Attorney-General of Bharat shall have the right to speak in, and otherwise take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament, but shall not by virtue of this article be entitled to vote.

 

67.          The Chairman and Deputy Chairman of the Rajya Sabha.

(1)           The Vice-President of Bharat shall be ex-officio Chairman of the Rajya Sabha.

(2)           The Rajya Sabha shall, as soon as may be, choose its a member to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Rajya Sabha shall choose another member to be Deputy Chairman thereof.

(3)           If the candidates for election to the office of the Deputy Chairman would be more than one, Deputy Chairman shall be elected by the elected members of the Rajya Sabha in accordance with the system of proportional representation by means of the single transferable vote, by secret ballot.

68.          Vacation and resignation of, and removal from, the office of Deputy Chairman.

A member holding office as Deputy Chairman of the Rajya Sabha

(a) shall be deemed to be vacated his office if he ceases to be a member of Rajya Sabha;

(b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and

(c) may be removed from his office by a resolution of the Rajya Sabha to be passed by the majority of sixty percentages of the then members of the Rajya Sabha.

(d) any resolution to remove the Deputy Chairman shall be moved only after fifteen days from the date of notice, addressed to Chairman, has been served with intention to move such resolution.

 

69.     Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

(1)           While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the function of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of the Deputy Chairman is also vacant, by such member of the Rajya Sabha as the President may appoint.

(2)           During the absence of the Chairman from any sitting of the Rajya Sabha the Deputy Chairman, or, if he is also absent, such person as determined by the rules of procedure of the Rajya Sabha, or, if no such person is present, such other person as may be determined by the Rajya Sabha, shall act as Chairman.      

 

70.   The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.

(1)           At any sitting of the Rajya Sabha, while any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, preside, or present at the time of voting, and President, in advance, shall appoint a member of the Rajya Sabha to preside such sitting for consideration and voting of such resolution, in case Chairman or Deputy Chairman are absent at the time of such sitting;

(2)           Vice-President shall have right to speak in, otherwise to take part in the proceedings, except voting, of the Rajya Sabha while any resolution in accordance with Clause (b) of the Article 41 for his removal the office of the Vice-President is under consideration;   

Provided that no political parliamentary party can issue any whip upon its members in Rajya Sabha.

 

71.            The Speaker and Deputy Speaker of the Lok Sabha.

(1)           The Lok Sabha shall, as soon as may be, choose a member to be Speaker and Deputy Speaker of the Lok Sabha and, so often as the office of Speaker or Deputy Speaker becomes vacant; the Lok Sabha shall choose another member to be Deputy Chairman thereof.

(2)           If the candidates for election to the office of the Speaker or Deputy Speaker would be more than one, the Speaker and Deputy Speaker shall be elected by the elected members of the Lok Sabha in accordance with the system of proportional representation by means of the single transferable vote, by secret ballot.

 

72.  Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.

(a)           A member holding office as Speaker or Deputy Speaker of the Lok Sabha

shall vacate his office if he ceases to be a member of the Lok Sabha;

(b)           may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c)           may be removed from his office by a resolution of the Lok Sabha passed by sixty percentage of the majority of the then members of the Lok Sabha:

(d)           any resolution to remove the Speaker or Deputy Speaker shall be moved only after fifteen days from the date of notice, addressed to Deputy Speaker or Speaker, has been served with intention to move such resolution.

 

73.    Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, speaker.  

(1)           While the office of Speaker is vacant, the duties of the office of the Speaker shall be performed by the Deputy Speaker, or, if the office of the Deputy Speaker is also vacant, by such member of the Penal to act as the Speaker of the Lok Sabha.

(2)           During the absence of the Speaker from any sitting of the Lok Sabha the Deputy Speaker, or, if he is also absent, such person as determined by the rules of procedure of the Lok Sabha, or, if no such person is present, such other person as may be determined by the Lok Sabha, shall act as Speaker.      

 

74.     The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

(1)           At any sitting of the Lok Sabha, while any resolution for removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, preside, or present at the time of voting, and President, in advance, shall appoint a member of the Rajya Sabha to preside such sitting for consideration and voting of such resolution, in case Speaker or Deputy Speaker are absent at the time of such sitting.

(2)           Speaker or Deputy Speaker  shall have right to speak in, otherwise to take part in the proceedings, except voting, of the Lok Sabha while any resolution for his removal from the office of the Speaker or Deputy Speaker is under consideration.

(3)           Such resolution shall be passed by sixty percentage of the then all members of the Lok Sabha.

(4)           No political parliamentary party shall issue any whip upon its members in Lok Sabha.

 

75.            Salaries and allowances of the Chairman and Deputy Chairman and Speaker and Deputy Speaker.

(1)           The Chairman and Deputy Chairman and Speaker and Deputy Speaker shall not hold any other office of profit.

(2)           The Chairman and Deputy Chairman and Speaker and Deputy Speaker shall be entitled without payment of Rent to the use of his of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined in accordance with the principles laid down by law made by Parliament, upon recommendations made by the Law Commission of Bharat, prepared after inviting suggestions from the people of the country.

(3)           Until such determination is made, the emoluments and allowances of the Chairman and Deputy Chairman and Speaker and Deputy Speaker shall be continued as it were prevailed prior to commencement of this Constitution.

(4)           The emoluments and allowances of the Chairman and Deputy Chairman and Speaker and Deputy Speaker shall not be diminished during his term of the office.

(5)           The person retires from the office of the Chairman and Deputy Chairman and Speaker and Deputy Speaker, shall be entitled to such emoluments, allowances and privileges as may be determined in accordance with the principles to be laid down under the law made under clause (2).  

 

76.                Secretariats of Lok Sabha and Rajya Sabha.

(1)         Lok Sabha and Rajya Sabha shall have their separate secretarial staff:

Provided that nothing in this clause shall prevent creation of posts common to both Houses of Parliament.

(2)         Parliament by law shall regulate the recruitment, invitation on deputation from Government, and the conditions of services of persons appointed, to the secretarial staff of the Lok Sabha or the Rajya Sabha, at par with the service conditions of the government.

(3)         Until provision is made by Parliament under clause (2), the President may, after consultation with the Speaker of the Lok Sabha or Chairman of the Rajya Sabha, as the case may be, make rules regulating the recruitment, invitation on deputation from government, and the conditions of service of persons appointed, to the secretarial staff of Lok Sabha or Rajya Sabha, and any rules so made shall have effect subject to the provisions of any law made under the said clause.

 

77.          Oath or affirmation by members.

(1) Every member of either House of Parliament shall, before taking his seat, make and subscribe before the person appointed in that behalf, an oath or affirmation in the following form, that is to say-

I, A.B., do (swear in the name of the God/ solemnly affirm) that I will faithfully, execute the office of the member of Parliament and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of Bharat."   

(2)                 If a person sits or votes as a member of either

House of Parliament before he has complied with the requirements under clause (1), he shall be liable to imprisonment, not less than one year and shall lost his membership of respective House.

 

78.                Attendance of the Members of Parliament.

(1)                 Working time of both Houses of Parliament shall

not be more than 8 (eight) hours in a day. 

(2)                 Unless a member is ill or takes leave from the

Chairman of the Rajya Sabha, if he is member of the Rajya Sabha, or from the Speaker, if he is member of the Lok Sabha absent, from proceeding of respective House, more than ten percentage of hours, of one Session, he shall loose his membership of Parliament and shall debarred from election to Parliament for five years.

(3)                 Records of time to time absent from a House by

any member shall be maintained by the respective secretariat and shall be published in the next working day Parliament Gazette.

(4)                 When any member debarred to attend the

proceeding of the House, for time being he shall not be deemed, as a member of the Parliament and such period shall not be calculated under clause (2).           

 

79.          Voting in Houses of Parliament.

(1)             Every Bills shall be determined and passed by a clear majority of the membership in both Houses of Parliament, other than the Speaker or person acting as Chairman or Speaker.

(2)              Chairman or Speaker or person acting as Chairman or Speaker shall not vote in any proceeding relating to a Bill.

(3)              Any person other than the member of Parliament shall not participate in voting. If any person do so, presiding officer of the respective House shall prosecute him, not less than five years imprisonment.

(4)              Any resolution, other than a mentioned in this constitution, shall be determined by a majority of the than all members of each House.

 

80.          Vacation and fill-up of the vacant seat.

(1)                 If a member of either House is died or resign or becomes subject to any provision relating to disqualification under this Constitution, Chairman of the Rajya Sabha or Speaker of Lok Sabha shall declare that such seat becomes vacant. Such declaration shall be final, subject to Appeal before the President.

(2)                 The aggrieved member shall have right to appeal before the President, within seven days from such declaration. President shall take immediate decision on such appeal, which will be final.

(3)                 Within two months, from such declaration, or if appeal is filed, the decision of President, and if election of respective House is not due within six months there from, election commission of Bharat shall fill-up such seat by re-election, in accordance with the provision for election to Lok Sabha or Rajya Sabha, as the case may be.

 

81.                Disqualifications for membership. 

(1)              If any person found to be making false statement, for any reason whatsoever, he shall be disqualified for the office of the Member of Parliament.

(2)              After election to any House of Parliament, if any member holds any office of profit under the State, other than an office exempted by this Constitution (such as the member of Council of Ministers) or Parliament, he shall disqualified for being a member of either House of Parliament.

(3)              Any person shall be disqualified for being, a member of either House of Parliament, if he-

(a)     is of unsound mind and stands so declared by a competent court;

(b)     is an insolvent; and

(c)     is so disqualified by or under any law made by Parliament.  

(4)              The meaning of the State, for the purpose of this article, shall be the same as under Part III of this constitution.

(5)              If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned under this article, the question shall be referred for the decision of the President.

(6)              President shall take his decision in considerations all material facts and after opinion from the Election Commission before his decision and shall act accordingly.

 

82.    Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.

(1)                 Proceeding of Parliament, or any committee thereof, except any criminal acts by criminal means, shall not be liable to any proceedings in any court.

(2)                 The proceeding of the Parliament shall include the publication of proceeding of the Parliament and of the committees thereof.

(3)                 The powers, privileges and immunities of each House of the Parliament, and of the members and the committees of the Parliament, shall be such as may from time to time be defined by Parliament by law, to be passed by majority of seventy percentage of all the then members of each House of Parliament.

(4)                 No Member of Parliament can misuse his powers privilege and immunities by causing any obstruction in the proceedings of any House of Parliament

(5)                 Such powers, privilege and immunities shall not cover the misuse of office of the member of the Parliament under gratification.

(6)                 When any charge of the gratification is leveled against any member of the Parliament, it shall be his duty to make requisite confessional statement before any 1st Class Judicial Magistrate, within seven days from the date of information against such charge otherwise he is liable to be declare as disqualified as a member of the Parliament.

(7)                  Unless satisfactory evidence about gratification or false statement under clause (5) and (6) is produced, court cant admit or entertain any proceeding with regards to proceedings of the Parliament.

 

83.    Salaries and allowances of members.

(1)           Every member shall be entitled to one accommodation at Delhi, at a reasonable Rent to use as his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined in accordance with the principles laid down by law made by Parliament, upon recommendations made by the Law Commission of Bharat, prepared after inviting suggestions from the people of the country.

(2)           Until such determination is made, the emoluments and allowances of the members shall be continued as it were prevailed prior to commencement of this Constitution.

(3)           The emoluments and allowances of any member shall not be diminished during his term as a member of either House of Parliament.

(4) The person retires from the membership, after completing full one term, shall be entitled to such emoluments, allowances and privileges as may be determined in accordance with the principles to be laid down in the same law made under clause (1).

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