Quorum of the House

Constitutional Basis

Article 100(3) provides that until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House. This means 55 members in Lok Sabha (total: 545) and approximately 25 members in Rajya Sabha (total: 245).

Meaning & Significance

Quorum denotes the minimum number of members required to be present for valid transaction of business. It ensures that decisions of Parliament carry a democratic minimum of representative presence. If at any time during a meeting of a House there is no quorum, the presiding officer is duty-bound to either adjourn the House or suspend the meeting until there is a quorum.

What Happens if Quorum Is Not Met?

The Rules of Procedure mandate that if a member raises a point of quorum and the count reveals inadequate numbers, the Chair either rings the bell for a prescribed period to summon members, or adjourns/suspends proceedings. Any business transacted in the absence of quorum is not automatically void — it can only be challenged if the point of quorum is actually raised. This is a crucial distinction often tested in Prelims.

Why Quorum Is Rarely Invoked

In practice, Houses routinely function with fewer than one-tenth members present. The point of quorum is a parliamentary weapon: it is raised strategically by the opposition to embarrass the treasury benches or stall proceedings. Most routine legislative business proceeds without any member formally challenging the quorum. This raises serious questions about the democratic legitimacy of legislation passed in near-empty chambers — a recurrent theme in GS-II essays.

Lok Sabha vs Rajya Sabha

The constitutional requirement is identical for both Houses — one-tenth. There is no differential standard. However, given the smaller size of Rajya Sabha, the absolute number required (approximately 25) is significantly lower, making quorum challenges rarer in the Upper House.

Presiding Officers of Parliament

A. Role of Pro-tem Speaker

Appointment & Constitutional Basis

The Pro-tem Speaker is appointed by the President of India under constitutional convention (not explicitly mentioned in the Constitution). By convention, the senior-most member of the newly constituted Lok Sabha is appointed. The President administers the oath to the Pro-tem Speaker, who then administers the oath to other members.

Functions

• Administer the oath of office to newly elected members of Lok Sabha.
• Preside over the House until a new Speaker is elected.
• Conduct the election of the Speaker.

Limitations & Temporary Nature

The Pro-tem Speaker’s authority ceases the moment the new Speaker is elected. The office is entirely transitional and carries no continuing constitutional authority. The Pro-tem Speaker has no power regarding Money Bill certification, anti-defection adjudication, or any other substantive function of the Speaker.

B. Speaker of Lok Sabha

1. Appointment & Election

The Speaker is elected by Lok Sabha from amongst its members, as per Article 93. The election is conducted by means of a motion moved in the House. By convention, the Speaker is from the ruling party or coalition, though there is no constitutional bar on an opposition member being elected. The date for the Speaker’s election is fixed by the President. Article 94 deals with vacation and resignation of the Speaker.

2. Removal

Under Article 94, the Speaker can be removed by a resolution of the Lok Sabha passed by a majority of all the then members of the House (effective majority). A 14-day advance notice must be given for moving such a resolution. While the resolution is under consideration, the Speaker cannot preside over the House but can be present and participate in the proceedings, retaining the right to vote in the first instance (not casting vote only). This is a unique feature — the Speaker fights for survival as a member, not from the Chair.

3. Powers & Functions

A. Administrative Powers: The Speaker is the principal spokesperson and administrative head of Lok Sabha. All matters of accommodation, staff, and infrastructure of the House Secretariat come under the Speaker’s authority. The Speaker controls the allocation of rooms and other facilities to members and represents Lok Sabha in its dealings with the President, Rajya Sabha, and external bodies.

B. Legislative Powers: The Speaker determines the order of business, decides which bills and motions shall be taken up, and interprets the Rules of Procedure. The Speaker’s most constitutionally significant legislative power is the certification of Money Bills under Article 110. Once certified, this decision is final and cannot be questioned in any court — a power that has generated considerable controversy, most notably during the passage of the Aadhaar Act, 2016 as a Money Bill.

C. Disciplinary Powers: The Speaker maintains order in the House, can name and suspend disorderly members, and can order withdrawal of members from the House. The Speaker directs that unparliamentary language be expunged from records. The power to suspend members under Rule 374 and Rule 374A is exercised solely by the Speaker.

D. Financial Powers (Money Bill Certification): Under Article 110(3), the Speaker’s certification that a Bill is a Money Bill is conclusive. This makes the Speaker the final arbiter of the most significant procedural question in financial legislation — whether Rajya Sabha gets substantive amending power or merely a recommendatory voice. The Supreme Court in K.S. Puttaswamy v. Union of India (Aadhaar case, 2018) upheld the Speaker’s certification by a 4:1 majority, though Justice D.Y. Chandrachud’s dissent called for limited judicial review of this power.

E. Quasi-Judicial Powers (Anti-Defection): Under the Tenth Schedule (inserted by the 52nd Amendment, 1985), the Speaker adjudicates disqualification petitions arising from defection. This quasi-judicial role was upheld in Kihoto Hollohan v. Zachillhu (1992), where the Supreme Court held that the Speaker’s decision is subject to judicial review only on grounds of mala fide, perversity, or violation of constitutional mandate — not on merits. However, in Keisham Meghachandra Singh v. Speaker, Manipur (2020), the Supreme Court expressed concern over inordinate delays by Speakers in deciding disqualification petitions and suggested that Parliament should consider an independent tribunal mechanism.

Criticism & Neutrality Debate

The question of the Speaker’s impartiality is central to GS-II discourse. Unlike the UK Speaker who severs all party ties upon election, the Indian Speaker continues to be a member of the ruling party. This creates an inherent tension when the Speaker exercises powers under the Tenth Schedule — adjudicating defection cases where the ruling party itself is a stakeholder. The Dinesh Goswami Committee on Electoral Reforms and various Law Commission Reports have recommended that anti-defection matters should be referred to the Election Commission or a judicial body, removing this burden from the Speaker.

C. Deputy Speaker of Lok Sabha

The Deputy Speaker is also elected from among the members of Lok Sabha under Article 93. By convention (not constitutional requirement), the position is offered to a member of the opposition, though this convention has been breached on multiple occasions. The Deputy Speaker presides over sessions in the absence of the Speaker and enjoys all powers of the Speaker when so presiding. The removal procedure mirrors that of the Speaker — a resolution with 14-day notice passed by effective majority under Article 94.

A significant procedural point: when the Deputy Speaker presides, the Speaker cannot override the Deputy Speaker’s rulings. However, when a resolution for the removal of the Deputy Speaker is being considered, the Speaker (not the Deputy Speaker) presides. When a resolution for the removal of the Speaker is being considered, the Deputy Speaker presides.

D. Chairman of Rajya Sabha (Vice-President of India)

The Vice-President of India is the ex-officio Chairman of Rajya Sabha under Article 64. This is structurally different from the Speaker of Lok Sabha, who is an elected member of the House. The Chairman is not a member of Rajya Sabha and therefore does not vote in the first instance — only exercises a casting vote in the event of a tie.

Powers Compared to Speaker

The Chairman does not have the power to certify Money Bills (that power rests exclusively with the Speaker). The Chairman presides over joint sittings only if the Speaker is absent. The Chairman’s role in anti-defection cases within Rajya Sabha mirrors the Speaker’s role in Lok Sabha. However, the Chairman cannot be removed by a resolution of Rajya Sabha alone — removal follows the procedure under Article 67, which requires a resolution passed by Rajya Sabha by effective majority and agreed to by Lok Sabha (analogous to impeachment-like procedure, though less onerous than presidential impeachment).

E. Deputy Chairman of Rajya Sabha

Elected by Rajya Sabha from among its members under Article 89(2). The Deputy Chairman presides in the absence of the Chairman and exercises all the Chairman’s powers when doing so. Removal is by a resolution passed by a majority of all the then members of Rajya Sabha (Article 90), with 14 days’ advance notice — mirroring the Deputy Speaker’s removal in Lok Sabha.

F. Panel of Chairpersons (Both Houses)

Under the Rules of Procedure of both Houses, the Speaker/Chairman nominates a Panel of Chairpersons — typically not more than 10 members in Lok Sabha and a similar number in Rajya Sabha. Any member of this Panel can preside over the House in the absence of both the Speaker/Chairman and Deputy Speaker/Deputy Chairman. Their authority is temporary and limited to the session or part of session over which they preside. They do not have the power to adjudicate anti-defection matters or certify Money Bills.

🔁 Comparative Analysis — Presiding Officers

Leader of House, Leader of Opposition & Whip

A. Leader of the House

The Leader of the House in Lok Sabha is the Prime Minister (if a member of Lok Sabha) or a Minister nominated by the PM. In Rajya Sabha, the Leader of the House is a Minister nominated by the PM from among Rajya Sabha members. The Leader of the House is responsible for scheduling government business, coordinating with the opposition on the legislative agenda, and representing the government’s position on procedural and policy matters. This office is governed by parliamentary convention rather than any specific constitutional provision.

B. Leader of the Opposition (LoO)

The Leader of the Opposition enjoys statutory recognition under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977. To be recognized as LoO, the leader must belong to the largest opposition party — and by convention (upheld by successive Speakers), that party must command at least 10% of the total seats in the House (i.e., 55 seats in Lok Sabha).

This 10% threshold has been controversial. In the 16th Lok Sabha (2014–2019), the Indian National Congress won only 44 seats, and the Speaker declined to recognize an LoO. This had cascading consequences for the appointment process of bodies like Lokpal, CBI Director, CVC, and NHRC Chairperson — where the LoO is a statutory member of the selection committee. The debate centers on whether this threshold serves institutional propriety or weakens democratic accountability by depriving the opposition of a formal voice in key appointments.

C. Whip

The Whip (formally, Chief Whip) is appointed by each party to enforce party discipline, ensure attendance during crucial votes, and communicate the party leadership’s position to members. Whips are not constitutional functionaries but derive significance from the Rules of Procedure and the anti-defection law.

Types of Whips

• One-line Whip: Informational — informs members about a vote. Attendance not mandatory.
• Two-line Whip: Members expected to be present. Underlined twice.
• Three-line Whip: Most serious — members must be present and vote as per party direction. Violation can trigger disqualification under the Tenth Schedule.

Consequences of Violation

Violation of a three-line whip — voting against party direction or abstaining — can lead to disqualification under the Tenth Schedule. The party leadership reports the violation to the Speaker/Chairman, who then adjudicates the matter. This mechanism gives the whip extraordinary coercive power over individual MPs, effectively subordinating legislative conscience to party command.

Sessions of Parliament

Constitutional Basis

Article 85(1) mandates that the President shall from time to time summon each House of Parliament, and the maximum gap between two sessions cannot exceed six months. This ensures that Parliament meets at least twice a year. However, by convention, three sessions are held annually.

Types of Sessions

• Budget Session (February–May): The longest session; Union Budget is presented; Finance Bill and Appropriation Bill are passed. Often has a recess in between for Departmental Standing Committees to examine Demands for Grants.
• Monsoon Session (July–August): Legislative business and accountability mechanisms (Question Hour, debates) dominate.
• Winter Session (November–December): Typically the shortest; remaining legislative agenda is addressed.

Critical Terminology — Clearly Differentiated

Effect of Prorogation vs Dissolution

Flowchart — Fate of Bills on Dissolution

Lame Duck Session

Meaning

A lame duck session refers to the last session of the outgoing legislature, held after elections have been conducted but before the new legislature convenes. The members participating are those who may not return to the new House, making the session one of diminished democratic mandate.

Indian Context vs US Context

In the United States, the lame duck session is constitutionally defined — the period between the November election and the January inauguration of the new Congress. The 20th Amendment (1933) was specifically designed to shorten this period. In India, the concept is less formalized but functionally identical. When a Lok Sabha’s term is about to expire and elections have been announced, any remaining session is effectively a lame duck session. India does not have a constitutional prohibition on substantive legislation during this period, unlike some democratic norms elsewhere.

Relevance

Lame duck sessions raise democratic legitimacy concerns — legislators who have been voted out continue to exercise legislative power. The convention in India is to avoid major legislation during such sessions, but no binding rule prevents it. This is a useful concept for GS-II essays on democratic accountability and parliamentary conventions.

Lapse of Bills During Dissolution of Lok Sabha

Bills That LAPSE

• A Bill pending in Lok Sabha (whether at any stage — introduction, committee, consideration, or passing).
• A Bill passed by Lok Sabha but pending in Rajya Sabha.
• A Joint Sitting notification pending under Article 108, if not actually notified before dissolution.

Bills That Do NOT Lapse

• A Bill pending in Rajya Sabha that did not originate in Lok Sabha (since Rajya Sabha is a continuing chamber).
• A Bill passed by both Houses and awaiting Presidential assent — it has left the domain of Parliament.
• A Bill returned by the President for reconsideration under Article 111 — however, this is debatable and context-dependent.
• A Bill where a Joint Sitting has been notified under Article 108(5) before dissolution — survives for the joint sitting with the new Lok Sabha.

UPSC Orientation Section

A. Prelims Focus Areas

B. Mains Focus Areas

• Neutrality of the Speaker: Contrast Indian Speaker with UK Speaker. Discuss Tenth Schedule implications, the Kihoto Hollohan and Keisham Meghachandra judgments, and reform proposals (transferring anti-defection adjudication to an independent tribunal).
• Anti-Defection & Decline of Deliberation: The Tenth Schedule has transformed Parliament from a deliberative body to a vote-counting exercise. Free conscience votes are virtually impossible. Link to party whip system and its coercive nature.
• Executive Dominance Through Sessions Control: The executive decides when Parliament meets (through the President, acting on Cabinet advice). Declining number of sitting days (from 120+ in the 1950s to 60–70 in recent Lok Sabhas) indicates executive control over the legislative calendar. Raise question: should there be a minimum mandatory number of sitting days?
• Reforms Suggested: National Commission to Review the Working of the Constitution (NCRWC, 2002) recommended minimum 120 sitting days for LS and 100 for RS. Dinesh Goswami Committee recommendations on anti-defection. Law Commission proposals on Speaker neutrality.

UPSC Mains Questions (Topic-wise)

Answer Writing Frameworks

Frequently Asked Questions