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Tuesday, September 9, 2008

Indian Lok Sabha

Lok Sabha

Lok Sabha is composed of representatives of the people chosen by direct election on the basis of the adult suffrage. The maximum strength of the House envisaged by the Constitution is 552, which is made up by election of upto 530 members to represent the States, upto 20 members to represent the Union Territories and not more than two members of the Anglo-Indian Community to be nominated by the Hon'ble President, if, in his opinion, that community is not adequately represented in the House. The total elective membership is distributed among the States in such a way that the ratio between the number of seats allotted to each State and the population of the State is, so far as practicable, the same for all States.

Each Lok Sabha is formed for a five year term, after which it is automatically dissolved, unless extended by a Proclamation of Emergency which may extend the term in one-year increments. The 14th Lok Sabha was formed in May 2004 and will be in place till the next General Elections.

An exercise to redraw Lok Sabha constituencies' boundaries has been carried out by the Delimitation Commission based on the Indian census of 2001. This exercise which was supposed to be carried out after every census was suspended in 1976 following a constitutional amendment to avoid adverse effects of the family planning program which was being implemented.

Qualifications required to become a member

To become a member of the Lok Sabha, a person must be a citizen of India, not less than 25 years of age. The person must be mentally sound and should not be bankrupt. The person should also declare in an affidavit that there are no criminal procedures against him/her. For reserved seats one should be member of scheduled caste or/and tribes. To become a member a person has to win a general election.

Lok Sabha sessions and Working hours
On normal business days, the Lok Sabha assembles from 11 a.m. to 1 p.m., and again from 2 p.m. to 6 p.m. The first hour of every sitting is called the Question Hour, during which questions posed by members may be assigned to specific government ministries, to be answered at a fixed date in the future.

The Lok Sabha shares legislative power with the Rajya Sabha, except in the area of Money Bills, in which case the Lok Sabha has the ultimate authority. If conflicting legislation is enacted by the two Houses, a joint sitting is held to resolve the differences. In such a session, the members of the Lok Sabha would generally prevail, since the Lok Sabha includes more than twice as many members as the Rajya Sabha.

Three sessions of Lok Sabha take place in a year:

Budget Session: February to May.
Monsoon Session: July to September.
Winter Session: November to December.

Powers, including the Special powers of the Lok Sabha
The special powers of the Lok Sabha is the reason why the Lok Sabha is de facto and de jure more powerful than the Rajya Sabha.

A motion of no confidence against the government may be introduced and passed only in the Lok Sabha. If passed by a majority vote, the Prime Minister and his council of Ministers shall collectively resign. The Rajya Sabha has no power over such a motion, and hence no real power over the executive. However, the Prime Minister may threaten the dissolution of the Lok Sabha and recommend this to the President, forcing another untimely general election. The President normally accepts this recommendation unless he is otherwise convinced that the Lok Sabha might recommend a new Prime Minister by a majority vote. Thus, both the executive and the legislature in India have checks and balances over each other.
A money bill can be introduced only in the Lok Sabha. After it is passed by the Lok Sabha, it is sent to the Rajya Sabha, where it can be deliberated upon for a maximum period of 14 days. If not rejected by the Rajya Sabha, or 14 days lapse from the introduction of the bill in the Rajya Sabha without any action by the House, or recommendations made by the Rajya Sabha are not accepted by the Lok Sabha, the bill shall be considered passed. The budget is presented in the Lok Sabha by the Finance Minister in the name of the President of India
In matters pertaining to non-financial (ordinary) bills, after the bill has been passed by the House where it was originally tabled (Lok Sabha or Rajya Sabha), it shall be sent to the other house, where it may be kept for a maximum period of 6 months. If the other House rejects the bill or a period of 6 months elapses without any action by that House, or the recommendations made by the members of the other house are not accepted by the House which originally tabled the bill, it results in a deadlock. This is resolved by the President by calling a joint session of both Houses which is presided over by the speaker of the Lok Sabha and decided by a simple majority. The will of the Lok Sabha normally prevails in these matters, as its strength is more than double that of the Rajya Sabha
Equal Powers with the Rajya Sabha in initiating and passing any Bill for Constitutional Amendment (by a majority of the total membership of the House and at least two-thirds majority of the members present and voting)
Equal Powers with the Rajya Sabha in initiating and passing a motion for the impeachment of the President (by two-thirds of the membership of the House)
Equal Powers with the Rajya Sabha in initiating and passing a motion for the impeachment of the judges of the Supreme Court and the state High Courts (by a majority of the membership of the House and at least two-thirds majority of the members present and voting)
Equal Powers with the Rajya Sabha in initiating and passing a resolution declaring war or national emergency (by two-thirds majority) or constitutional emergency (by simple majority) in a state
If the Lok Sabha is dissolved before or after the declaration of a National Emergency, the Rajya Sabha becomes the sole de facto and de jure Parliament. It, of course, cannot be dissolved. This is a limitation on the Lok Sabha.

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