1. Emergency provisions
- Taken from Wiemar constitution
- A national emergency(art 352) can be proclaimed due to war, external aggression or armed rebellion not on the ground of internal disturbance)
- though the proclamation of national emergence requires the approval of both the houses (special majority), lok sabha’s approval( simple majority) alone suffices for revocation
- president can unilaterally revoke the proclamation of national emergency without the parliament’s approval
Discuss- differences b/w article 358 and 359 related to emergency
2. Interim budget and vote on account
- Vote on account is a statement of only expenditures while the interim budget is a complete set of accounts, including both expenditure and receipts <think of it as mini budget>
- Vote on account is passed every year before appropriation bill is passed <generally for 2 months >
- Interim budget is passed during election years
- Interim budget also contains vote on accounts <before appropriation bill of interim budget is passed>
Discuss– everything clear?? Any confusions??
3. Primacy of LS over RS
- Money bill- introduced only in LS, RS can only suggest amendments that too w/i 14 days
- A resolution for the discontinuation of national emergency can be passed only by LS by simple majority.
- Adjournment motion and no confidence motion can be passed only in LS.
- Estimates committee draws members solely from LS. It has 30 members, largest committee of parliament.
- Speaker and in the absence of speaker, deputy speaker presides over joint sitting
Discuss-any other instance of primacy of LS over RS
4. Money bill v/s financial bill
- Money bill (art 110) provisions related to only taxations, borrowings, expenditure etc i.e money matters only
- Financial bill type A- money provisions plus other general provisions
- Financial bill type B- expenditure from consolidated fund plus other provisions
- Money bill can be introduced only on recommendation of president, in the LS and only by a minister (not by pvt member). RS can only suggest amendments that too w/in 14 days thus no scope of joint sitting, President can not resend the bill to the house <though he is not bound to give his consent>. Speaker certifies the bill as money bill and certification is final
- Financial bill type A- just like money bill till introduction, after introduction, it’s ordinary bill i.e RS has to pass the bill and can reject it
- Financial bill Type B- totally ordinary bill just that president recommends consideration of bill by both the houses <as it involves expenditure from CFI>
Note 1– All financial bills are not money bills but vice versa is true
Note 2- Finance bill and financial bills are not one and the same. What’s the difference?
5. Rajya Sabha
- RS chairperson is not member of RS <VP >
- Deputy chairperson is member of RS
- In joint sittings when both speaker and deputy speaker are absent, deputy chairperson presides the sessions not chairperson
- Term of RS is not 6 years <it’s infinite>
- Term of a member of RS is 6 years while that of chairperson RS 5 years