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Sessions of Parliament, Constitutional Provisions, Types, Procedures

21-11-2024

03:05 PM

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1 min read

Prelims: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.  

Sessions of Parliament are the periods during which both Houses of the Indian Parliament to conduct their business. Article 85 of the Indian Constitution empowers the President to summon each House at intervals not exceeding six months. By convention, three sessions of Parliament are held annually in India, namely the Budget Session, the Monsoon Session, and the Winter Session, with the Budget Session being the longest. 

Furthermore, these Sessions of Parliament are governed by the Indian Constitution and the Rules of Procedure and Conduct of Business in the Lok Sabha and Rajya Sabha.

Sessions of Parliament Constitutional Provisions

Sessions of the Parliament serve as a forum for people’s representatives to debate, discuss, and enact laws that shape the country’s governance and development. Article 85 of the Indian Constitution deals with the sessions of Parliament, including how and when they are held, and the President's powers to summon, prorogue, and dissolve Parliament.

  • Article 85(1): The President shall summon each House of Parliament to meet at such time and place as deemed appropriate, ensuring that no more than six months intervene between the last sitting of one session and the first sitting of the next session.
  • Article 85(2): It empowers the President to prorogue the Houses or either House of the Parliament and to dissolve the House of the People (Lok Sabha) as needed.

Sessions of Parliament Types

Sessions of the Parliament are typically conducted three times a year to ensure ongoing legislative engagement throughout the year. However, the Constitution does not specify a fixed number of sessions or sitting days. 

Budget Session

The Budget Session of the Indian Parliament begins with the President's address and includes the presentation of the Union Budget in the Lok Sabha, followed by discussions in both Houses. It is the longest and most important of the Parliament sessions, usually held from February to March. Moreover, the budget session features a recess for Parliamentary Committees to review budgetary proposals.

  • Objective: The primary objective of the Budget Session is to discuss, debate, and approve the annual Union Budget, which outlines the government's fiscal policies and priorities for the upcoming financial year.
  • Activities: Throughout the Budget session, Members of Parliament (MPs) conduct a thorough examination of budget proposals, propose amendments, and participate in constructive discussions to enhance transparency and accountability in fund allocation.
    • In addition to budgetary matters, the session also includes other legislative business and debates, which further enrich the legislative process 

Monsoon Session

The Monsoon Session of Parliament typically occurs between July and August, named for the coinciding monsoon season. This session primarily focuses on enacting legislation, allowing Members of Parliament to introduce bills, engage in extensive debates, and collectively decide on their passage.

  • In addition to legislative functions, the Monsoon session facilitates discussions on various national issues, enabling the government to address concerns raised by the opposition and seek their support.

Winter Session

The Winter Session, occurring between November and December, is the final parliamentary session of the calendar year. Its primary purpose is to conduct a thorough review of the government's policies and initiatives, enabling Members of Parliament to critically assess their effectiveness.

  • During the Winter session, bills are introduced, pending legislation is discussed, and the government's performance is examined through questions, motions, and debates.

Special Session

The "Special Session of Parliament" is a unique assembly convened by the government, outside the regular sessions of the Indian Parliament, to address urgent or specific issues. Unlike the standard Budget, Monsoon, or Winter sessions, a special session is typically called to focus on a single agenda or landmark event and can sometimes involve legislative or constitutional discussions of national importance. 

  • Although the term "Special Session" is not explicitly mentioned in the Constitution or the rules of either House of the Parliament, Article 352 refers to a special sitting of the House in the context of a Proclamation of Emergency.
  • Examples: In the past, special sessions have been called for occasions such as:
    • 1962: To address the India-China war.
    • 1971: For discussions during the India-Pakistan conflict.

Sessions of Parliament Components

The sessions of Parliament are scheduled by the Cabinet Committee on Parliamentary Affairs (CCPA), composed of several Cabinet ministers who determine both the dates and the number of sittings. Once the schedule is finalized, the President summons the MPs to gather for the upcoming session, providing them with information about the number of sittings and details regarding the tentative business of the House through an official summons.

  • Components: A session of Parliament includes multiple daily meetings, each with morning and afternoon sittings.

Sessions of Parliament Procedures

Sessions of Parliament employ various procedures from start to finish, ensuring that they are conducted in an organized and efficient manner. These carefully outlined procedures facilitate the smooth functioning of parliamentary activities. However, in some cases, sessions of Parliament are shortened or postponed to allow the government to issue Ordinances.

  • For example, in 2016, the Budget Session was divided into two distinct sessions to enable the issuance of an Ordinance.

Summoning

Parliament sessions begin with a "summoning" by the President, based on the Cabinet Committee on Parliamentary Affairs' recommendation. As per Article 85, the President must summon each House at least twice a year, with no more than six months between sessions.

Adjournment

An adjournment temporarily suspends a Parliament sitting for hours, days, or weeks, without affecting pending bills or business, which resume upon reconvening. A sitting may end by adjournment, adjournment sine die, prorogation, or dissolution (for the Lok Sabha).

Adjournment Sine Die

Adjournment sine die ends a Parliamentary sitting indefinitely without a set reassembly date. The presiding officer can adjourn, adjourn sine die, or reconvene the House anytime after an adjournment.

Prorogation

Prorogation formally ends a session of either House of Parliament by the President. A session begins with the first sitting and ends with prorogation (or dissolution for the Lok Sabha). After business concludes, the Presiding Officer adjourns the House sine die, followed by a presidential notification of prorogation. The President may also prorogue the House while in session.

Recess

Recess refers to the period between the prorogation of a House and its reassembly for a new session. Essentially, it is the time gap that exists between two consecutive sessions of Parliament. Furthermore, recess cannot exceed six months, requiring Parliament to meet at least twice a year.

Dissolution

Dissolution refers to the complete termination of the Lok Sabha, requiring new elections, and occurs either automatically after a five-year term or through a Presidential decree. Unlike prorogation, which only suspends proceedings, dissolution is final and irreversible, with only the Rajya Sabha remaining permanent.

Rules regarding Lapsing of Bills Upon Dissolution of Lok Sabha

Upon the dissolution of the Lok Sabha, all pending business, including bills, motions, resolutions, and petitions, lapses and must be reintroduced in the new Lok Sabha. However, certain bills and assurances under review by the Committee on Government Assurances do not lapse. The status concerning the lapsing of bills is outlined as follows:

  • Bills pending in the Lok Sabha or passed by it but pending in the Rajya Sabha lapse.
  • Bills with a scheduled joint sitting or passed by both Houses awaiting presidential assent do not lapse.
  • Bills pending only in the Rajya Sabha or returned by the President for reconsideration do not lapse.

Quorum

The quorum is the minimum number of members required for proceedings, set at one-tenth of the total membership, including the presiding officer. In the Lok Sabha, 55 members are needed, while the Rajya Sabha requires at least 25, and if the quorum is not met, the presiding officer must adjourn or suspend the meeting until it is reached.

Lame Duck Session

The lame duck session refers to the final session of the existing Lok Sabha after a new Lok Sabha has been elected. Members of the outgoing Lok Sabha who were not re-elected to the new Lok Sabha are referred to as lame ducks.

Voting in the House 

Voting is a method used in every session of Parliament to decide upon all parliamentary matters. Decisions are made by a majority of votes from members present and voting, excluding the presiding officer. However, specific issues outlined in the Constitution, such as the impeachment of the President, constitutional amendments, and the removal of presiding officers, require a special majority instead of an ordinary one.

Methods of Voting

The presiding officer refrains from voting in the first instance but has the right to exercise a casting vote in the event of a tie. Additionally, the proceedings of a House remain valid despite any unauthorized voting, participation, or vacancies in its membership. During sessions of Parliament, Lok Sabha applies different methods of voting, which are outlined below:

  • Voice Vote: After the debate, the Speaker/Presiding officer asks members to respond with "Aye" or "No." If unchallenged, the Speaker declares the majority opinion twice to finalize the outcome.
  • Division Vote: If contested, members have three minutes to clear the Lobby, after which votes are recorded either electronically, on slips, or by members standing. The Speaker may also conduct a count without recording names if needed.
  • Casting Vote: In case of a tie, the Speaker casts the deciding vote. The presiding officer does not vote initially but only to break a tie.

Sessions of Parliament UPSC PYQs

Question 1. Consider the following statements: (UPSC Prelims 2020)

  1. The president of India can summon a session of Parliament at such place as he/she thinks fit.
  2. The Constitution of India provides for three sessions of the Parliament in a year, but it is not mandatory to conduct all three sessions
  3. There is no minimum number of days that the Parliament is required to meet in a year.

Which of the statements given above is/are correct?

(a) 1 only 

(b) 2 only

(c) 1 and 3 only 

(d) 2 and 3 only

Ans. ( c )

Sessions of Parliament FAQs

Q1. What is a session of Parliament?

Ans. A session of Parliament is a period during which both Houses of Parliament meet to conduct legislative business and deliberations.

Q2. How many sessions are typically held each year in the Indian Parliament?

Ans. Typically, three sessions are held each year in the Indian Parliament namely, the Budget Session, the Monsoon Session, and the Winter Session.

Q3. Who has the authority to summon a session of Parliament?

Ans. The President of India has the authority to summon a session of Parliament.

Q4. What is the longest session of Parliament called?

Ans. The Budget Session is the longest session of Parliament.

Q5. What is a Special Session of Parliament?

Ans. A Special Session of Parliament is convened to address urgent matters or crises that require immediate attention, allowing for focused discussions on specific issues of national importance