All You Need To Know About Lok Sabha
Introduction
The Rajya Sabha serves as the upper house of India's bicameral Parliament, with the Lok Sabha serving as its lower house, sometimes known as the popular chamber or House of the People. On the basis of universal adult suffrage, MPs are chosen by direct election to the Lok Sabha. MPs, or members of parliament, are the terms used to describe Lok Sabha members. These representatives are chosen from different states and union territories. Every five years, elections are held for Lok Sabha seats.
Lok Sabha – Historical Background
Following the initial General Elections, which were held from 25 October 1951 to 21 February 1952, the Lok Sabha (House of the People) was legally established for the first time on 17 April 1952.
What Rules Regulate The Lok Sabha's Membership?
The Lok Sabha's composition is covered in Article 81. According to this article, the maximum should be as follows:
• There can be no more than 530 state legislators.
• Maximum twenty MPs from the Union Territories.
• If the President believes the Anglo Indian Community is not sufficiently represented in the parliament, he or she may nominate no more than two members of the Anglo Indian Community.
• This increases the Lok Sabha's total membership to 530 + 20 + 2 = 552.
Representation of Anglo-Indians Community
• Article 331 of the Constitution provides for the representation of the Anglo-Indian Community.
• According to Article 331, the President may nominate up to two members of the Anglo-Indian community for the House of the People if s/he believes the community is not sufficiently represented there.
• The Constitution (126th Amendment) Bill was approved by Parliament, extending the SC/ST reservation but eliminating the option to nominate Anglo Indians to the Lok Sabha and some state assemblies.
What Qualifications Must Be Met To Join The Lok Sabha?
The Constitution's Article 84 outlines the requirements for membership in Parliament. The following qualifications must be met in order to qualify for Lok Sabha membership:
• S/He must be an Indian citizen and swear or affirm before someone the Election Commission has authorised in this regard using the form outlined in the Third Schedule to the Constitution.
• S/He must also be at least 25 years old and meet any additional requirements imposed in this regard by or pursuant to any law passed by Parliament.
What Constitutes A Member of The Lok Sabha Being Disqualified?
• According to Article 102 of the Constitution, a person is ineligible to be elected to, and to serve as, a member of either House of Parliament.
• If he holds a position of profit under the control of the Government of India or the Government of any State that is not one for which Parliament has passed a law exempting the holder.
• If a court of competent jurisdiction has determined that s/he is mentally incompetent.
• If s/he has not been declared insolvent.
• If s/he is not an Indian citizen, has chosen to become a citizen of another country, or has pledged his allegiance to another country, s/he is ineligible to run for office under any law passed by Parliament.
• The Representation of People Act (1951) specifies the additional disqualifications listed below by the Parliament:
1. S/He must not have been convicted of any election-related crimes or unethical behavior.
2. S/He must not have been convicted of any crime that resulted in a sentence of two years or more in prison. However, being detained under a legislation that allows for preventative detention is not a bar to eligibility.
3. S/He must not have missed the deadline for submitting an account of his election-related expenses.
4. S/He must not be interested in any projects, services, or contracts with the government.
5. S/He cannot occupy a position of profit or serve as a director or managing agent for a company in which the government owns at least a quarter of the shares.
6. S/He can't have had his employment with the government terminated due to dishonesty or corruption.
7. S/He must not have been guilty of bribery or encouraging animosity between various groups.
Procedure For Voting
The following criteria are used to elect members of the Lok Sabha:
• Every citizen who has reached the legal voting age of 18 (as defined by the 61st Amendment Act) is entitled to cast a ballot in Lok Sabha elections. But it's crucial that his name be on the list of registered voters in his district.
• Seats are set aside for Scheduled Castes and Scheduled Tribes in a number of seats. Reserved Constituencies are what they are known as. Only SC or ST candidates, if appropriate, may run for office from each reserved constituency. However, every voter in each of these constituencies exercises their right to vote to choose one SC or ST candidate to serve as their representative. Currently, 131 seats (84 for SCs and 47 for STs) are reserved.
• Single-member territorial constituencies: The number of territorial constituencies equal to the number of Lok Sabha members to be elected divides the entire nation. One MP is chosen from each district.
• Simple Majority and Direct Election Vote-Victory system: The Lok Sabha's members are all chosen by popular vote. Any voter may cast a ballot to elect any candidate from his or her constituency of choice. The candidate who receives the most votes out of all the candidates in a constituency is chosen to serve as the Lok Sabha representative for the residents of that constituency.
How Long Does A Lok Sabha Member Serve?
• The Lok Sabha's regular term is five years. In an emergency, its term may be extended for one additional year.
• The President can dissolve the Lok Sabha at any moment when the Prime Minister may advise him to do so or when no party may be in a position to form a government, but new elections to the Lok Sabha must be held within six months of the end of the emergency.
• A new Lok Sabha must effectively be elected in this situation within six months.
• Sessions: The President may convene a session of the Parliament at any time, although no more than six months must pass between meetings. It implies that the Lok Sabha must hold at least two sessions in a calendar year.
• The Lok Sabha must have at least 1/10th of its total members present to meet the requirements for a quorum. The Speaker of the House has the authority to adjourn a Lok Sabha meeting for lack of quorum if 1/10th of the members are not present.
Functions And Powers of The Lok Sabha
Legislative Powers
• Once a regular bill has been approved by both Houses of Parliament, it can then become law.
• Although common legislation may be introduced in either of the two chambers of Parliament, the Lok Sabha receives over 90% of the introductions.
• If a law passed by the Lok Sabha is rejected by the Rajya Sabha and returned with or without changes, the Lok Sabha reconsiders the bill. A deadlock results if the Lok Sabha approves it again but the Rajya Sabha is still unwilling to approve it.
• If this impasse is not broken after six months, the President calls a combined meeting of the two Houses in accordance with Article 108's rules. Both Houses have agreed to the combined sitting's decision.
Executive Authority
• The Council of Ministers is jointly liable before the Lok Sabha under Article 75(3). The Prime Minister is chosen by the majority in the Lok Sabha. The Lok Sabha is home to the majority of the ministries.
• As long as the majority in the Lok Sabha has confidence in them, the ministers remain in their positions. In accordance with the mechanism outlined in Rule 198 of the norms of procedure and conduct of business of the Lok Sabha, the Lok Sabha has the power to remove the ministry from office by voting a vote of no-confidence against it.
• As a result, the Lok Sabha has the power to make or break the Ministry. The Council of Ministers remains under constant Lok Sabha control.
• Ministers can be questioned by MPs about the administration's policies and activities. They are free to criticize their actions. The Indian Constitution's Article 75 grants the right to ask inquiries.
• A motion for adjournment, a call for attention, a censure motion, or a vote of no confidence can all be moved and adopted.
Financial Authority
• The Lok Sabha has extensive budgetary authority. A money bill may only be introduced in the Lok Sabha in accordance with the guidelines provided by Article 109. The money bill then moves on to the Rajya Sabha after being approved by it.
• The Lok Sabha Speaker decides if a certain law qualifies as a money bill or not in the event of a disagreement. His choice is final, it cannot be contested in a court, the Lok Sabha, or even the Rajya Sabha.
• As a result, we can assert that the Lok Sabha has ultimate authority over the state's finances. No tax can be imposed, collected, modified, or eliminated without the Lok Sabha's consent.
• Without the Lok Sabha's approval, the government cannot carry out its fiscal policy.
Judicial authority
• Additionally, the Lok Sabha has some judicial duties. Either the Lok Sabha or the Rajya Sabha may initiate the impeachment procedures against the President referred to in Article 61. Only when an impeachment resolution is approved by both Houses with a 2/3 majority of their members can the President be removed from office.
• The Rajya Sabha's allegations against India's vice president are also the subject of an investigation by the Lok Sabha.
• According to the guidelines provided in Article 124(4), the Lok Sabha and the Rajya Sabha may vote jointly to remove any judge of the Supreme Court or of a State High Court.
• For the dismissal of some high-ranking state officials, such as the Attorney General, the Chief Election Commissioner, and the Comptroller and Auditor General of India, both Houses may pass a special address jointly and submit it to the President.
• Any member or citizen found guilty of violating the House's rules may also face punishment from the Lok Sabha.
Election-related duties
• Additionally, the Lok Sabha has some electoral duties. The Lok Sabha's elected members participate in the presidential election.
• In accordance with Article 66 of the Indian Constitution, members of both the Lok Sabha and the Rajya Sabha vote to choose the vice president of India. The Lok Sabha's members also choose the Speaker and Deputy Speaker from among themselves.
The Following Duties Are Shared By The Lok Sabha And The Rajya Sabha:
• Approval of the President's ordinances [Article 123 (2)]
• A change in the state's borders.
• Naming of any state differently, and the creation of new states.
• changes in the RPA Act of 1951's
• requirements for members of the state and federal legislatures
• Adjusting the members of Parliament's pay and benefits.
• Creating a Joint Public Service Commission with at least two other states.
• Passing a resolution to dissolve or establish a state legislature's upper chamber (Article 169)
• Approval of an emergency declaration.
What Is The Recent Controversy Over The Operations of The Lok Sabha?
• According to a PRS (PRS Legislative Research) report, during the 15th Lok Sabha (2009–14), frequent disruptions of Parliamentary proceedings forced the Lok Sabha and Rajya Sabha to work for 61% and 66% of their allotted time, respectively.
• The 16th Lok Sabha (2014–19), according to a separate PRS study, lost 16% of its allotted time due to disruptions, which is less than the 15th Lok Sabha's (37%), but more than the 14th Lok Sabha (13%).
Parliamentary Privileges
• The Constitution specifically refers to the privileges in Article 105. Only when a person is a member of the house can they make use of the privileges. The following are the privileges that each member has access to:
• The freedom of speech and expression guaranteed by Article 19(2) to a citizen is distinct from that guaranteed to a member of parliament. This right is safeguarded by Article 105(1) of the Indian Constitution.
• Members are not subject to arrest in any civil matter for 40 days before to and following the house's adjournment, as well as when the house is in session.
• Freedom from having to testify: - The members of the parliament have special rights and are not required to testify in court. They are given complete freedom to go to the house and carry out their responsibilities without the court getting in the way.
The Following Are The Privileges That All Members Enjoy Collectively:
• Without the consent of the presiding officer of the house, no one (whether a member or an outsider) may be detained or have a legal proceeding (either criminal or civil) commenced on the property of the house.
• The actions of the House or any of its committees cannot be the subject of an investigation by a court.
• Parliament has the power to exclude outsiders from its meetings and, in special cases involving matters of national significance, to organize a secret meeting to discuss any important matter.
• For breaking the privileges of or showing disrespect for the Parliament, both members and non-members may receive a reprimand, admonition, or imprisonment (as well as suspension or expulsion in the case of members).
Conclusion
So, it can be said that Lok Sabha plays a big part in how parliament works. Despite the ups and downs of Indian politics, the Lok Sabha has remained a leader for political and social values and a melting pot of cultural diversity. Along with the Rajya Sabha, it serves as a flag bearer for the independent, socialist, secular, and democratic republic of India.