SESSIONS OF PARLIAMENT PROCEEDINGS

This article is written by S M NAWAZ AHMAD pursuing B.B.A. LL.B. (Hons.) 4^th Year Student at University Institute of Legal Studies, Chandigarh University, Punjab during his internship at LeDroit India.

ABSTRACT

Parliamentary sessions are essential activities in the development of legislation and are very significant in the running of any nation. The Indian Parliament, comprising the Lok Sabha and Rajya Sabha, conducts its business through various sessions: The three such sessions are the budget session, the monsoon session, and the winter session. These are organized so as to deliberate, debate, and pass legislation that is vital in the running of the country. This article will discuss the processes, kinds of sessions, and the judiciary’s practical functioning to protect the parliamentary process’s constitutional nature. Some significant cases that demonstrate judges’ role in maintaining the delicate balance between legislatures and the judiciary include Keshav Singh’s case, P.V. Narasimha Rao vs. State, and Raja Ram Pal vs. Speaker, Lok Sabha. Further, new events also show that the phenomenon remained active in the recent years, such as the passing of major bills, including the Aadhaar Act, 2016 and the Triple Talaq Bill, 2019. Challenges of the Parliament The article discusses disruptions of the parliament session, political confrontation, and the sluggish pace of legislative work. At the same time, the concern of the author is to focus on the significance of such sessions in delivering democratic principles. The judiciary’s supervision is crucial, especially because the constitutional principles must be protected in the parliamentary operations while the legislative body of the country has to be kept accountable in case of any improper work. This article thus discusses the significance of the proceedings in the formulation of the legal and democratic fabric of India based on a consideration of the parliamentary sessions and the judicial control.

Keywords: Parliamentary Proceedings, Legislative Process, Judicial Review, Parliamentary Sessions, Indian Democracy

INTRODUCTION

Parliament of India is the supreme law-making body in India; an organization that plays the most crucial role in the functioning of the Indian republic as well as the Indian democracy. It functions through the constituted meeting times, which are the Budget Session, Monsoon Session, and Winter Session, all of which have essential functions in the legislation process. It has the responsibility of formulating, debating, and passing laws that have importance in the nation’s social-economic and political realms. Due to the structure of these sessions, members can engage in detailed debates, policy reconsiderations, and the approval of important legislation. They also carry out the function of exercising pressure on the government, expressing the concerns of the public, and providing a check that the principles of democracy, such as transparency, accountability, and participation, are observed. Each session is a pillar of the working of a healthy democracy and brings out the say of the democratically elected body in relation to the executive wing of the government. It is important to decipher the practices and importance of these parliamentary sittings to understand how exactly the legislative processes work and consequently flow the governance of India. This article explores the details of parliamentary sittings, pointing at different aspects of organization, processes, and functions of those sitting within the legal and policymaking arena of the nation.

TYPES OF PARLIAMENTARY SESSIONS WITH CONSTITUTIONAL PROVISIONS

Lok Sabha is the lower house, or the House of the People, and the upper house is the Rajya Sabha, or the Council of States together called the Indian Parliament, and its works through different sessions in a year. These sessions are prescribed by the Constitution of India to enable the Parliament to convene at fixed intervals to make laws, deliberate on national affairs, and exercise control over the government. The Constitution gives a guideline on how these sessions operate in order to make the lawmaking process effective, open, and democratic.

Budget Session

The Budget Session is the most lengthy and crucial session out of all the four sessions of the Parliament and begins in the last week of January or the first week of February. It is designed in two units with a channel in between, as indicated in the figure below. Part one is devoted to the presentation of the Union Budget in compliance with Article 112 of the Constitution of India, signifying the annual financial statement of the government. The Budget Session is important because it entails consideration and passage of the government’s financial measures, revenue and expenditure. During the first of such sessions, the President of India presents the annual executive’s report before the houses as a means of setting down the parliamentary business for the year. This session usually extends for a period of 8 to 10 weeks, enough time to cover debates on the budget proposals and the financial measures of the government.

Monsoon Session

The monsoon session normally starts early in July and runs to the first half of August. It is a simple session; nonetheless, it is a very important session in the sense that the Parliament can re-assemble after the Budget Session and transact any emergent business that is required to be passed as legislation. Article 85 of the Constitution mandates that there should not be a break of more than six months between two sessions of the Parliament, which means that the Monsoon session is important for the legislative business of the country. In this session, the Parliament mainly tends to deal with passing bills that could not be passed in the previous season, new bills and proposals, and extraordinary situations such as natural disasters or national emergencies that may happen during the monsoon session. The monsoon session is also an opportunity for the opposition to debate the government’s policies and steps taken by it.

Winter Session

The Winter Session is the latest parliamentary session of the year, and it is usually scheduled in November and December. It is a very brief meeting normally lasting 3 to 4 weeks, as it serves the important function of clearing any outstanding legislative business before the year is out. The Winter Session is in the limelight for the introduction and passing of business that are planned to be achieved in a calendar year. It is also important this session, as it is the one that usually witnesses the presentation of contentious or expedited bills. The government employs this session to fine-tune its legislative plans for the year and to take care of matters that had not been discussed in the previous sessions. The Winter Session is also a session where the Parliament discusses important issues local and global in nature. With this, the winter session also holds important debates that are fruitful.

Special Sessions

Apart from these general sessions, the Parliament can hold special ones in a situation of extraordinary importance requiring special attention. These are conferences that are not controlled by working hours or any day of a parliamentary session and therefore can be summoned as and when needed due to some urgent business that needs the attention of parliament. Art. 85 of the Constitution [1]empowers the President of India to summon the Parliament for a special sitting. They include the ordinary sessions and the extraordinary sessions whose primary purpose is to address matters of urgent nature that cannot wait for another session. For instance, the Parliament had a special session for the purpose of passing the bill for the GST, which is a major structural change in India’s tax system. Special sessions are evidence of the efficiency of the parliamentary system in adapting to the nation’s needs at the earliest possible time.

Joint Sessions

In certain circumstances, such as the stalemate as to a particular bill, a joint sitting of both houses may be summoned under Article 108 of the Indian Constitution. It is a combined sitting that is chaired by the Speaker of the Lok Sabha and is summoned with a view to deciding the disputes between the two houses of the Indian Parliament in relation to any legislation. There are few joint sessions, and they are employed only in emergencies to pass measures that cannot be settled by the two houses. The largest joint session in the history of the Indian Parliament was held in 2002 in order to pass the Prevention of Terrorism Act (POTA) that met very strong resistance in the Rajya Sabha. This is perhaps the most important aspect of joint sessions, as it reveals agreement on certain principles of lawmaking and the question of calling for balance and harmony between the two arms of Parliament. [2]

PROCEDURES DURING SESSIONS

Like any other legislature, there is a laid-down procedure for conducting business in parliamentary sessions and therefore its regulation. Among the first activities of the proceedings is the presidential opening speech delivered in the initial session of the year. It presents the government’s action plan and its legislative program.

Question Hour: Daily, the first hour of the sittings of the parliament is solely dedicated to the Question Hour. This period involves MPs questioning ministers on the workings of their respective ministries/departments. The Question Hour is one of the most important weapons that one can use to make government more accountable.
Zero Hour: While Question Hour is a formal session where members ask questions on matters of importance, the Zero Hour is a more or less unseen session where members bring up matters of importance on a more or less impromptu basis. Even though it is not officially codified in the rule book of how parliamentary business is conducted, Zero Hour has come to be almost indispensable.
Legislative Business: Among the most important activities of parliaments, bill consideration can be viewed as the basis. Bills can be introduced by either house but can perhaps be broadly classified as government bills and private member’s bills. Laws are passed through the process of readings, debates, and voting, which may be several.[3]

ROLE OF THE JUDICIARY IN PARLIAMENTARY PROCEEDINGS

The judiciary has an essential part of advocating for the constitutional legitimacy of the parliamentary business. Normally the judiciary does not venture into discussing the matters within the purview of the Parliament, but it is entitled to look into the cases involving the alleged disregard of the constitutional provisions.[4]

Landmark Judgements

Keshav Singh’s Case (1965)

This case may be considered unique in the light of privileges enjoyed by the members of the British Parliament. Singh was imprisoned by the Uttar Pradesh Legislative Assembly for being in contempt of the house. This prompted an all-important intervention by the Allahabad High Court, which presided over a constitutional crisis. In the judgment of the appeal, the Supreme Court affirmed the doctrine of judicial review: the court in this country can interpose in affairs where the legislature goes beyond its power.[5]

PV Narasimha Rao vs. State (1998)

This case involved the question of parliamentary privileges and immunities of members of parliament per se. MPs are protected from prosecution for any speech or votes in the Parliament as provided for under Article 105 of the Constitution but not for acts of bribery.[6]

Raja Ram Pal vs. Speaker, Lok Sabha (2007)

In this regard, the Supreme Court ruled that the judiciary has an ultimate authority to overturn the acts of the Parliament if the latter is engaging in the unconstitutional actions. The case emerged from MPs’ expulsion for taking money to ask questions in the Parliament.[7]

ILLUSTRATIONS AND EXAMPLES

For the purpose of analysis of the legal implications of the parliamentary proceedings, the Indian Penal Code (IPC) offers a number of illustrations. For example, Section 120A of the Indian Penal Code[8], which relates to ‘conspiracy,’ can be used to explain cases such as several MPs plotting to cause violence in the Parliament. Likewise, Section 193 of the IPC [9]referring to the offense of giving false evidence can be applied in circumstances whereby Members of Parliament utter falsehoods in sessions.

RECENT DEVELOPMENTS IN PARLIAMENTARY PROCEEDINGS

It is therefore pertinent to point out that parliamentary proceedings in the Indian context have seen another change in recent years capturing the dynamism of legislative business and the functioning of governance. These changes have been made in a bid to make transition more transparent, increase efficiency when it comes to moving data from one organization to another, and also due to the new technological developments and the recent outbreak of the coronavirus pandemic. This section elaborates on these relatively new developments and has analyzed how they have affected the working of the Indian Parliament.

Digitalization and E-Parliament Initiatives: Similarly, the Indian Parliament has not been left behind on digitalization; for instance, the National e-Vidhan Application (NeVA) seeks to eliminate papers in legislation and enhance the tempo of parliament sittings. This has been a shift in the right direction by providing MPs access to documents online and the live streaming of sittings of Parliament.[10]
Virtual Parliamentary Sessions: As a result of the COVID-19 pandemic, the shifts to virtual or hybrid parliamentary sessions became possible to maintain the continuous legislative work despite limitations on the physical meetings. This has raised debate on how to incorporate remote affiliation in normal vice to enable the MPs with limitations.[11]
Increased Use of Parliamentary Committees: Contrary to the checks and balance’s role that is performed by other bodies such as the judiciary, there has been an increasing use of parliamentary committees to oversee and fashion out legislative bills before hissing and hawing on the floor of the house is done. That way, it is easy to trim down detailed scrutiny of legislation before narrowing consultations on subject matters that really require deep and expert analysis—bringing in the consultative nature of lawmaking.[12]
Enhanced Transparency and Public Engagement: Some of the undertakings covered under transparency include the provision of live sessions and real-time updates on legislative business through redesigned websites. Further, it has also used information technology, particularly the quite popular ‘MyGov’ app, and online social media to seek public opinion on important bills, leading to increased public participation in the bill-making process.
Legislative Reforms and Modernization: New technologies, efficiency, and accessibility measures have always been sought, with the Parliament serving as a key player to effect these changes. For instance, over the years, Parliament has sought to streamline processes by simplifying the legislative process while opting for a new state-of-the art Parliament building. All these changes have been intended to improve the working conditions of the parliaments and make them relevant to national matters.
Judicial Scrutiny and Constitutional Challenges: The flow of parliamentary actions in recent years has experienced a rise in judicial oversight, especially on the aspect of constitutionality. Tremendous cases like the axing of Article 370[13] and the passing of CAA have displayed the judiciary’s function of reconciling parliamentary sovereignty with the constitution.

CASE STUDIES

The provisions of the Aadhaar Act and its passage as a money bill

The Aadhaar Act was passed as a money bill, which was a murky affair. The Apex Court, through a constitutional interpretation, conformed to the determination of the Act as a Money Bill, though at the same time it called for a stricter test to determine what constitutes a Money Bill.

Scraping Article 370

The revocation of the special status of the state of Jammu and Kashmir is yet another influential event that occurred in the same year. The most prominent events witnessed in the year 2019 included: The bill received much resistance in the Parliament, and it was passed. This informs us that some legislative proposals may create controversies.

CRITICAL ANALYSIS

The minutes of the Parliament are an important facet of the Indian democracy. The parliamentary system as an advocate of numerous opinions and a platform for highly energetic debates is not deprived of peculiarities like interruptions, political rivalry, and a relatively long time spent on the preparation of amendments. Parliamentary oversight is very sensitive to judicial interference despite the fact that such interference is limited in nature; the judiciary, however, remains instrumental in ensuring that the Parliament operates within the provisions of the Constitution.

Frequent resort to the situation where money bills and other ordinances are introduced without the approval of the Rajya Sabha is not very healthy. Suits of this kind, although legal, are quite sinister in their attack on the notion of parliamentary democracy. The judiciary, as the defender of the Constitution, has to go on facing such practices and make sure that the democratic tenets provided by the Constitution cannot be undermined.

CONCLUSION

The actual meetings of the parliament are fundamental to the Indian democracy, as these enable debates, discussions, and the making of laws. Yet these are some of the most engaging and participative sessions, many of which are nearly always interrupted, delayed, or distorted by politics as usual. The judicial system maintains the parliamentary processes and checks them to be within the guidelines of the constitution in order to protect the democracy. Nevertheless, such odds as more frequent utilization of ordinances and money bills to avoid consideration by Parliament negate this framework. To replace legislative effectivity, there should be a joint effort to improve legislative openness, noninterference, and Members of Parliament responsibility. Improvement of the parliamentary procedures is thus germane to the growth of the nation and sustenance of democratic character.

[1] Indian Constitution, art. 85

[2] BYJU’s, https://byjus.com/free-ias-prep/sessions-of-indian-parliament/ (Last Visited: 15^th August, 2024).

[3] PRSIndia, https://prsindia.org/articles-by-prs-team/an-expert-explains-what-are-question-hour-and-zero-hour-and-why-they-matter (Last Visited: 15^th August, 2024).

[4] – Indian Liberals, https://indianliberals.in/content/the-role-of-judiciary/ (Last Visited: 15^th August, 2024).

[5] Indian Kanoon, https://indiankanoon.org/doc/638013/ (Last Visited: 16^th August, 2024).

[6] Indian Kanoon, https://indiankanoon.org/doc/45852197/ (Last Visited: 16^th August, 2024).

[7] AdvocateKhoj, https://www.advocatekhoj.com/library/judgments/index.php?go=2007/january/23.php (Last Visited: 16^th August, 2024).

[8] IPC, 1860, Section 120A, No. 45, Acts of Parliament, 1860 (India).

[9] IPC, 1860, Section 193, No. 45, Acts of Parliament, 1860 (India).

[10] PIB, https://pib.gov.in/PressReleasePage.aspx?PRID=1556498 (Last Visited: 16^th August, 2024).

[11] Issuu, https://issuu.com/theparliamentarian/docs/parl2022iss1finalsingle/s/15059274#:~:text=Through%20the%20use%20of%20ICT,in%20November%202020%3B%20the%2081st (Last Visited: 16^th August, 2024).

[12] PRS India, https://prsindia.org/files/parliament/discussion_papers/Parliamentary%20Committees%20Increasing%20their%20effectiveness.pdf (Last Visited: 16^th August, 2024).