17. Polity Notes 25

Based on the provided topic summary, here are the detailed notes in the requested format.

Elaborate Notes

Rajya Sabha: Powers and Position

The Rajya Sabha, or the Council of States, is the upper house of the bicameral Parliament of India. Its role and powers are distinct from the Lok Sabha, reflecting the federal character of the Indian polity and the principle of checks and balances.

Unequal Powers Compared to Lok Sabha

The Constitution of India establishes a parliamentary system where the Council of Ministers is collectively responsible to the House of the People (Lok Sabha). This principle of responsible government grants the Lok Sabha primacy in several crucial areas, leading to an unequal power equation with the Rajya Sabha.

Financial Matters (Money Bills):
- Constitutional Basis: Article 109 and 110 of the Constitution exclusively deal with the procedure for Money Bills.
- Historical Context: This provision is a legacy of the British parliamentary tradition, encapsulated in the maxim “no taxation without representation.” The Constituent Assembly, under the guidance of figures like Dr. B.R. Ambedkar, endorsed this principle, arguing that the power over the public purse must rest solely with the house directly elected by the people.
- Procedure: A Money Bill, as defined in Article 110, can only be introduced in the Lok Sabha, and that too on the recommendation of the President. The Rajya Sabha cannot reject or amend it. It must return the bill within 14 days, with or without recommendations. The Lok Sabha is not bound to accept these recommendations. If the Rajya Sabha fails to return the bill in 14 days, it is deemed to have been passed by both Houses.
- Speaker’s Role: Article 110(3) states that the Speaker of the Lok Sabha’s decision on whether a bill is a Money Bill is final. This has been a subject of debate, notably with the passage of the Aadhaar Act (2016) as a Money Bill, a matter that was challenged in the Supreme Court (K.S. Puttaswamy v. Union of India, 2017).
Executive Accountability:
- Constitutional Basis: Article 75(3) explicitly states that “The Council of Ministers shall be collectively responsible to the House of the People.”
- Implications: Consequently, motions that test the government’s majority and hold it accountable, such as the Confidence Motion and No-Confidence Motion, can only be introduced and passed in the Lok Sabha. The survival of the government depends entirely on commanding a majority in the lower house. The Rajya Sabha can censure the government, but this has no legal or constitutional bearing on its stability.
Joint Sittings:
- Constitutional Basis: Article 108 provides for a joint sitting of both Houses to resolve a deadlock over an ordinary or financial bill.
- Power Imbalance: The joint sitting is presided over by the Speaker of the Lok Sabha (Article 118(4)). Due to the Lok Sabha’s larger membership (543) compared to the Rajya Sabha (245), any bill in a joint sitting is likely to be passed according to the will of the majority in the Lok Sabha. This effectively gives the lower house an overriding power in case of legislative disagreements.
Budgetary Process:
- While the Rajya Sabha can discuss the Annual Financial Statement (Budget), it cannot vote on the Demands for Grants. This is an exclusive privilege of the Lok Sabha, reinforcing its financial supremacy.
Emergency Provisions:
- A resolution for the discontinuance of a National Emergency can be passed only by the Lok Sabha. This provides a check on the executive’s emergency powers that is vested solely in the directly elected house.

Special Powers of the Rajya Sabha

Despite its subordinate position in financial and executive matters, the Constitution grants the Rajya Sabha certain exclusive or special powers, primarily to protect the interests of the states, reflecting its role as the ‘Council of States’.

Legislation on State Subjects (Article 249):
- The Rajya Sabha can declare that it is necessary in the national interest for Parliament to make laws on a matter enumerated in the State List. Such a resolution must be supported by a special majority of two-thirds of the members present and voting. This resolution remains in force for one year and empowers the Parliament to legislate on that state subject for the entire country. This provision was debated in the Constituent Assembly, with members like N. Gopalaswami Ayyangar arguing it was a necessary tool for national integration and flexible federalism.
Creation of All-India Services (Article 312):
- The Rajya Sabha can initiate the process of creating a new All-India Service (common to both the Union and the states) if it passes a resolution by a special majority (two-thirds of members present and voting) declaring it necessary in the national interest. This power reinforces its federal character, as the creation of such services directly impacts state administration. The Indian Forest Service was created in 1966 using this provision.
Removal of the Vice-President (Article 67(b)):
- A resolution for the removal of the Vice-President of India (who is also the ex-officio Chairman of the Rajya Sabha) can only be initiated in the Rajya Sabha. It must be passed by an effective majority in the Rajya Sabha and then agreed to by a simple majority in the Lok Sabha.
Approval of Emergency Proclamations during Lok Sabha’s Dissolution:
- If a proclamation of National Emergency (Article 352), President’s Rule (Article 356), or Financial Emergency (Article 360) is issued when the Lok Sabha is dissolved or if the dissolution takes place during the period allowed for its approval, the proclamation can remain effective if the Rajya Sabha approves it within the stipulated time.
Rationale for Bicameralism: The constitutional makers, including Dr. B.R. Ambedkar, envisioned the Rajya Sabha as a house of “sober, second thought.” Its functions include:
1. Checking Hasty Legislation: Acting as a revisory chamber to prevent populist but ill-conceived laws passed by the Lok Sabha.
2. Representing Federal Interests: Voicing and protecting the rights of the states at the Union level.
3. Providing a Platform for Expertise: Allowing distinguished individuals in fields like art, science, literature, and social service to contribute to national governance without facing the rigors of direct elections.
4. Preventing Executive Despotism: A government might secure a brute majority in the Lok Sabha, but obtaining a similar majority in the Rajya Sabha (due to its indirect election and staggered terms) is more difficult, thus providing a check on the executive’s power.

Legislative Procedures

Lapsing of Bills on Dissolution of Lok Sabha

The dissolution of the Lok Sabha has significant consequences for pending legislative business. The underlying principle is that a bill, to become law, must be approved by both Houses of Parliament, and the approval of a Lok Sabha that no longer exists is considered void.

Bills that Lapse:
1. A bill originating and pending in the Lok Sabha.
2. A bill originating in the Rajya Sabha, passed by it, but pending in the Lok Sabha.
3. A bill originating and passed by the Lok Sabha, but pending in the Rajya Sabha.
Bills that Do Not Lapse:
1. A bill pending in the Rajya Sabha which has not yet been passed by the Lok Sabha. (Since it has not reached the Lok Sabha, its dissolution is irrelevant).
2. A bill passed by both Houses and awaiting the President’s assent.
3. A bill returned by the President for reconsideration by the Houses.
4. A bill on which a joint sitting has been notified by the President before the dissolution of the Lok Sabha.

Joint Session of Parliament (Article 108)

This is a constitutional mechanism to resolve deadlocks between the two Houses.

Conditions for a Joint Session:
1. If a bill passed by one House is rejected by the other.
2. If the Houses have finally disagreed on the amendments to be made in the bill.
3. If more than six months elapse from the date of the reception of the bill by the other House without the bill being passed by it.
Applicability: It applies only to Ordinary Bills and Financial Bills. It is not applicable to Money Bills (Lok Sabha has overriding power) or Constitutional Amendment Bills (which must be passed by each House separately by the prescribed special majority).
Procedure:
- Presided over by the Speaker of the Lok Sabha, or in his absence, the Deputy Speaker, or in his absence, the Deputy Chairman of the Rajya Sabha.
- The proceedings are governed by the Rules of Procedure of the Lok Sabha.
- The bill is passed by a simple majority of the total number of members of both Houses present and voting.
Historical Instances: Joint sittings have been convened only three times since 1950:
1. Dowry Prohibition Bill, 1960: Passed in the joint sitting of May 1961.
2. Banking Service Commission (Repeal) Bill, 1977: Passed in the joint sitting of May 1978.
3. Prevention of Terrorism Bill (POTA), 2002: Passed in the joint sitting of March 2002.

Types of Majorities in Indian Parliament

The Constitution specifies different kinds of majorities for passing various bills and motions.

Simple Majority: A majority of more than 50% of the members present and voting. This is the most common type and is used for passing ordinary bills, confidence/no-confidence motions, and declaring emergencies.
Absolute Majority: A majority of more than 50% of the total membership of the House. For Lok Sabha, this is 273 (out of 543). This majority in itself is not sufficient for any action but is a component of the special majorities under Article 368.
Effective Majority: A majority of more than 50% of the effective strength of the House (Total Membership - Vacancies). It is used for the removal of the Vice-President (in RS), Speaker, and Deputy Speaker of Lok Sabha/State Assemblies.
Special Majority: This term covers several types:
- Type I (Article 249/312): A majority of 2/3rd of the members present and voting. This is required in the Rajya Sabha to pass resolutions to empower Parliament to legislate on a state subject or create an All-India Service.
- Type II (Article 368): A majority of 2/3rd of the members present and voting, supported by more than 50% of the total strength of the House (Absolute Majority). This is required for most Constitutional Amendment Bills, removal of judges of SC/HC, CEC, CAG, and approval of a national emergency.
- Type III (Article 368 + State Ratification): The bill must be passed by a special majority (Type II) in both Houses and also be ratified by the legislatures of not less than half of the states by a simple majority. This is required for amending provisions related to the federal structure of the Constitution (e.g., GST Act, NJAC Act).

Functioning and Motions of the Parliament

Quorum (Article 100(3)): Minimum number of members required to be present to transact business. It is one-tenth of the total membership of the House (55 for Lok Sabha, 25 for Rajya Sabha).
Sessions: The President summons each House to meet. The maximum gap between two sessions cannot be more than six months. India typically has three sessions: Budget (Jan/Feb-May), Monsoon (July-Sept), and Winter (Nov-Dec).
Adjournment: A temporary suspension of the sitting of the House. Adjournment sine die means terminating a sitting for an indefinite period.
Prorogation: The termination of a session of the House by an order of the President. It ends the session, unlike adjournment which only ends a sitting.
Dissolution: Ends the very life of the existing Lok Sabha. It can be automatic (on expiry of its five-year term) or by a presidential order.
Motions:
- No-Confidence Motion: Governed by Rule 198 of the Lok Sabha Rules of Procedure. Based on the principle of collective responsibility (Article 75). It needs the support of 50 members to be admitted. If passed, the Council of Ministers must resign. No reasons need to be stated for moving it.
- Censure Motion: Can be moved against an individual minister, a group of ministers, or the entire council for specific policies or actions. Reasons must be stated. If passed, the government is not required to resign but it is a strong expression of disapproval.
- Adjournment Motion: Moved in the Lok Sabha to draw the attention of the House to a definite matter of urgent public importance. It requires the support of 50 members. Its passage is seen as a censure against the government.
- Privilege Motion: Moved against a member or minister who has breached the privileges of the House or its members.

Prelims Pointers

Article 110: Defines a Money Bill.
Article 109: Special procedure for Money Bills (cannot be introduced in Rajya Sabha).
Article 75(3): Council of Ministers is collectively responsible to the Lok Sabha.
Article 108: Provides for a Joint Sitting of both Houses.
Presiding Officer of Joint Sitting: 1. Speaker of Lok Sabha, 2. Deputy Speaker of Lok Sabha, 3. Deputy Chairman of Rajya Sabha.
Rajya Sabha’s exclusive power to legislate on a State List subject: Article 249. Requires a 2/3rd majority of members present and voting.
Rajya Sabha’s exclusive power to create an All-India Service: Article 312. Requires a 2/3rd majority of members present and voting.
Initiation of removal of Vice-President: Only in Rajya Sabha (Article 67(b)).
Time limit for Rajya Sabha on a Money Bill: 14 days.
Quorum of the House: 1/10th of the total membership (Article 100(3)).
Maximum gap between two parliamentary sessions: Six months.
Summoning of Parliament: Done by the President.
Prorogation of a session: Done by the President.
Adjournment of a sitting: Done by the Presiding Officer.
A bill pending in Rajya Sabha but not passed by Lok Sabha: Does not lapse on dissolution of Lok Sabha.
A bill passed by Lok Sabha but pending in Rajya Sabha: Lapses on dissolution of Lok Sabha.
Constitutional Amendment Bills & Money Bills: No provision for a joint sitting.
Joint sittings held so far: Three (1961, 1978, 2002).
No-Confidence Motion: Mentioned in the Rules of Procedure of the Lok Sabha, not the Constitution. Requires support of 50 members to be admitted.

Mains Insights

The Role and Relevance of Rajya Sabha

Federal Necessity vs. Procedural Clog:
- Arguments for its necessity: The Rajya Sabha is crucial for upholding the federal principle by giving states representation at the Centre. As scholar M.V. Pylee argues in “An Introduction to the Constitution of India,” its special powers under Articles 249 and 312 are vital for a flexible federal structure. It also acts as a check against the “tyranny of the majority” of the Lok Sabha, ensuring legislation is not passed in haste or driven by purely populist motives.
- Arguments against its effectiveness (as a procedural clog): Critics argue that the Rajya Sabha often becomes a platform for political obstructionism, especially when the ruling party lacks a majority there. This can stall important legislative agendas and reforms. The use of the Money Bill route to bypass the Rajya Sabha (as alleged in the Aadhaar case) highlights the tensions in this bicameral relationship.

The Instrument of Joint Sitting: A Subversion of Bicameralism?

Cause-Effect: The provision for a joint sitting was introduced to prevent legislative deadlock. However, its effect is to dilute the power of the Rajya Sabha significantly. Given the Lok Sabha’s numerical strength, a joint sitting invariably favors the will of the government of the day, which commands a majority in the lower house. This undermines the very purpose of a second chamber as a revisory body. It effectively reduces bicameralism to unicameralism in moments of disagreement.

The Speaker’s Discretion on Money Bills: A Point of Contention

Constitutional Mandate vs. Political Misuse: Article 110(3) makes the Speaker’s decision final. The original intent was to prevent judicial interference in parliamentary proceedings and ensure smooth financial legislation.
Historiographical Debate & Judicial Scrutiny: Initially, this “finality” was considered beyond judicial review. However, the certification of bills like the Aadhaar Bill (2016) as Money Bills led to debates on whether this power was being misused to bypass the Rajya Sabha. The Supreme Court, in the Rojer Mathew vs. South Indian Bank Ltd case (2019), held that the Speaker’s decision under Article 110(3) is subject to judicial review, marking a significant shift in interpretation and providing a check on potential executive overreach through the Speaker’s office.

Declining Standards of Parliamentary Democracy

Causes for Decline:
1. Reduced Deliberation: Frequent disruptions, walkouts, and passing of bills without adequate debate. The average time spent discussing a bill has decreased significantly.
2. Weakening of Committees: Important bills are often not referred to Parliamentary Committees for detailed scrutiny.
3. Ordinance Raj: Frequent use of the ordinance-making power (Article 123) by the executive bypasses parliamentary scrutiny, a trend criticized by the Supreme Court in the D.C. Wadhwa v. State of Bihar (1987) case.
4. Guillotining Demands for Grants: A large portion of the budget is often passed without discussion due to lack of time, undermining financial accountability.
5. Politicisation of Presiding Officers’ roles: The office of the Speaker is often seen as not being entirely impartial.
Suggested Solutions:
1. Strengthening the Committee System: Mandatory referral of all bills to committees and making their recommendations more influential.
2. Adherence to Parliamentary Calendar: Fixing a calendar for sittings and legislative business to ensure predictability and adequate time for debate.
3. Code of Conduct for MPs: Enforcing discipline and penalizing disruptive behaviour more strictly.
4. Increasing Sitting Days: The number of days Parliament meets per year has declined. Increasing it would allow more time for legislative and deliberative functions.
5. Empowering Opposition: Providing the opposition with more institutional tools and time to hold the government accountable, such as the concept of a ‘Shadow Cabinet’.

Previous Year Questions

Prelims

With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, etc. conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive? (UPSC CSE 2018) (a) Committee on Government Assurances (b) Committee on Subordinate Legislation (c) Rules Committee (d) Business Advisory Committee

Answer: (b) Committee on Subordinate Legislation. This committee examines whether the executive is properly exercising its power of delegated legislation.
Consider the following statements:
1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of ‘Office of Profit’.
2. The above-mentioned Act was amended five times.
3. The term ‘Office of Profit’ is well-defined in the Constitution of India. Which of the statements given above is/are correct? (UPSC CSE 2019) (a) 1 and 2 only (b) 3 only (c) 2 and 3 only (d) 1, 2 and 3
Answer: (a) 1 and 2 only. The term ‘Office of Profit’ is not well-defined in the Constitution; it is interpreted through various judicial pronouncements.
Rajya Sabha has equal powers with Lok Sabha in: (UPSC CSE 2020) (a) the matter of creating new All-India Services (b) amending the Constitution (c) the removal of the government (d) making cut motions

Answer: (b) amending the Constitution. A Constitutional Amendment Bill must be passed by both Houses separately with the required special majority. Creating new All-India Services is a special power of the Rajya Sabha. Removal of the government and cut motions are exclusive powers of the Lok Sabha.
Consider the following statements:
1. The Speaker of the Lok Sabha has the power to adjourn the House sine die but, on prorogation, it is only the President who can summon the House.
2. Unless sooner dissolved or there is an extension of the term, the Rajya Sabha continues for five years from the date appointed for its first meeting.
3. The Constitution of India provides that the Parliament shall consist of the President and two Houses. Which of the statements given above is/are incorrect? (UPSC CSE 2022 - Question Modified for Context) (a) 1 and 2 only (b) 2 only (c) 1 and 3 only (d) 1, 2, and 3
Answer: (b) 2 only. Statement 1 is correct. Statement 3 is also correct as per Article 79. Statement 2 is incorrect because it describes the term of the Lok Sabha; the Rajya Sabha is a permanent body and not subject to dissolution.
A bill is passed by the Lok Sabha and transmitted to the Rajya Sabha. The Rajya Sabha does not take any action on the bill for a certain period. Before the expiry of that period, the Lok Sabha is dissolved. What is the fate of the bill? (UPSC CSE Pattern Question) (a) The bill lapses. (b) The bill does not lapse and will be taken up by the new Lok Sabha. (c) A joint sitting is called by the President. (d) The bill is deemed to have been passed.

Answer: (a) The bill lapses. A bill passed by the Lok Sabha and pending in the Rajya Sabha lapses upon the dissolution of the Lok Sabha.

Mains

“The Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in past few decades.” Highlight the factors as well as the areas in which this transformation has been visible. (UPSC CSE 2020 - Modified)

Answer Outline:
- Introduction: Briefly explain the initial perception of the Rajya Sabha as a secondary chamber and the context of the quote. Mention its intended role as a house of elders and a representative of states.
- Factors Leading to Transformation:
  - Rise of coalition politics and fractured mandates since the 1990s, often leading to the ruling party/coalition lacking a majority in the Rajya Sabha.
  - Increased political consciousness and assertive federalism, with regional parties using the Rajya Sabha to voice state concerns.
  - Greater media scrutiny and public awareness of parliamentary proceedings.
  - Role of nominated members in enriching debates with domain expertise.
- Areas of Visible Transformation:
  - Legislative Scrutiny: Acting as a robust check on hasty legislation from the Lok Sabha. Provide examples of bills that were stalled, amended, or defeated in the Rajya Sabha (e.g., GST-related amendments, land acquisition amendments).
  - Committee System: Rajya Sabha members play a crucial role in parliamentary committees, providing in-depth analysis of bills and policies.
  - Asserting Federal Rights: Using its powers under Article 249 and 312, and more generally, acting as a forum for states to oppose central policies perceived as encroaching on their domain.
  - Holding Executive Accountable: While it cannot bring down a government, it uses Question Hour, debates, and motions to scrutinize government actions effectively. The quality of debate is often considered more substantive than in the Lok Sabha.
- Conclusion: Conclude that the Rajya Sabha has evolved to become an indispensable part of India’s bicameral system, fulfilling its constitutional mandate as a chamber of revision and a guardian of federal interests, thus shedding the “useless stepney tyre” tag.
Why do you think the committees are considered to be useful for parliamentary work? Discuss, in this context, the role of the Estimates Committee. (UPSC CSE 2018)

Answer Outline:
- Introduction: Explain that parliamentary committees are an essential tool for detailed legislative and financial scrutiny, which is not possible on the floor of the House due to time constraints and the technical nature of subjects.
- Usefulness of Committees:
  - In-depth Scrutiny: They allow for detailed, non-partisan examination of bills, policies, and budgets.
  - Expert Engagement: Committees can summon experts, officials, and stakeholders to gather evidence and diverse perspectives.
  - Building Consensus: They work away from public glare, allowing members to discuss issues freely and build cross-party consensus.
  - Executive Accountability: They act as a “mini-parliament,” conducting detailed oversight of government departments’ functioning and expenditure.
- Role of the Estimates Committee:
  - Origin and Composition: Post-independence committee, 30 members, all from Lok Sabha, elected annually.
  - Mandate: To examine the estimates included in the budget and suggest “economies” in public expenditure. Often called a ‘continuous economy committee’.
  - Functions:
    - Reports on what economies, improvements in organization, efficiency, or administrative reform can be effected.
    - Suggests alternative policies to bring about efficiency and economy in administration.
    - Examines whether the money is well laid out within the limits of the policy implied in the estimates.
  - Significance: It acts as a crucial tool for enforcing financial accountability by scrutinizing government spending from an economic and efficiency perspective, even though its recommendations are advisory.
- Conclusion: Conclude by reiterating that committees like the Estimates Committee are the bedrock of parliamentary oversight, ensuring that governance is not just democratic in form but also efficient, economical, and accountable in substance.
The role of the Speaker in managing the proceedings of the Lok Sabha has often been a subject of debate. Analyze the challenges associated with the office and suggest measures to ensure its impartiality. (UPSC CSE Pattern Question)

Answer Outline:
- Introduction: Briefly describe the constitutional position of the Speaker as the presiding officer of the Lok Sabha, vested with immense power to conduct the business of the House.
- Challenges and Debates:
  - Partisan Allegations: Since the Speaker is elected from the ruling party and usually does not resign from their party membership, their decisions are often viewed as partisan by the opposition.
  - Discretion on Money Bills: The controversial certification of some bills as Money Bills (e.g., Aadhaar Act) to bypass the Rajya Sabha.
  - Decisions on Disqualification: Delays or partisan decisions under the Tenth Schedule (anti-defection law) have been a major challenge, as highlighted in several Supreme Court judgments.
  - Allocation of Time for Debate: The opposition often alleges that it is not given adequate time to discuss important issues.
- Measures to Ensure Impartiality:
  - Resignation from Party: Adopting the British convention where the Speaker resigns from their political party upon election to ensure complete neutrality.
  - Independent Election: Creating a collegium or a broader consensus mechanism for electing the Speaker, rather than a simple majority vote.
  - Security of Tenure and Post-Retirement: Ensuring that the Speaker is not offered any executive posts after their term ends, to prevent any perception of favouring the government for future gains.
  - Judicial Review: Clarifying the scope of judicial review over the Speaker’s decisions, especially under the Tenth Schedule and Article 110, to create a system of checks and balances.
- Conclusion: A truly independent and impartial Speaker is the cornerstone of a functioning parliamentary democracy. Implementing reforms to insulate the office from political pressures is essential to maintain the sanctity and effectiveness of the legislature.
The frequent resort to the joint sitting of the Parliament to resolve deadlocks undermines the principle of bicameralism. Critically examine. (UPSC CSE Pattern Question)

Answer Outline:
- Introduction: Define joint sitting under Article 108 as a constitutional mechanism to resolve legislative deadlocks. Explain the principle of bicameralism, which involves two houses for checks, balances, and representation of federal interests.
- How Joint Sitting Undermines Bicameralism:
  - Numerical Superiority of Lok Sabha: The Lok Sabha has almost double the strength of the Rajya Sabha. In a joint sitting, the will of the Lok Sabha majority (which is essentially the will of the government) almost always prevails.
  - Rajya Sabha Rendered Ineffective: The role of the Rajya Sabha as a revisory chamber for sober second thought is nullified. Its objections or proposed amendments can be easily overridden.
  - Federal Principle Diluted: As the Council of States, the Rajya Sabha’s ability to protect state interests in legislation is weakened when its dissent can be overruled in a joint sitting.
  - Historical Examples (POTA, 2002): Discuss how controversial bills rejected by the Rajya Sabha were passed through joint sittings, showing the mechanism being used to push through the government’s agenda.
- Counter-arguments/Justification for Joint Sitting:
  - Prevents Legislative Paralysis: It is a necessary tool to prevent a non-cooperative upper house from completely stalling the legislative program of a democratically elected government.
  - Upholds Mandate of the People: Ultimately, the will of the directly elected house, which represents the mandate of the people, is given primacy.
  - Rarely Used: The provision has been used only three times in over 70 years, suggesting it is a last resort and not a routine tool for bypassing the Rajya Sabha.
- Conclusion: While the joint sitting provision is a necessary evil to avoid legislative gridlock, its use does compromise the spirit of bicameralism. It highlights the delicate balance in the Indian Parliament between responsible government (represented by Lok Sabha’s primacy) and federalism/checks and balances (represented by Rajya Sabha’s role). Its use should remain exceptional and not become a norm.

What is a No-Confidence Motion? Differentiate it from a Censure Motion and analyze its significance in India’s parliamentary democracy. (UPSC CSE Pattern Question)

Answer Outline:

Introduction: Define the No-Confidence Motion as the ultimate tool available to the Lok Sabha to enforce the collective responsibility of the Council of Ministers, as mandated by Article 75(3).

Differentiation between No-Confidence and Censure Motion:

Feature	No-Confidence Motion	Censure Motion
Basis	Based on the principle of collective responsibility (Art 75(3)).	Moved to express strong disapproval of a policy or action.
Reason	No specific reasons need to be stated.	Reasons for its adoption must be stated.
Target	Against the entire Council of Ministers only.	Can be against an individual minister, a group, or the entire CoM.
Consequence	If passed, the Council of Ministers must resign.	If passed, the government is not required to resign.
Admissibility	Admitted if supported by at least 50 members.	Follows a similar procedure for admission.

Significance in Parliamentary Democracy:
- Ultimate Accountability Tool: It is the most potent weapon for the opposition to test the government’s majority on the floor of the House and hold it accountable.
- Forcing Debate on Government Performance: Even if the motion is defeated, it forces the government to defend its overall record and policies in a comprehensive debate, which is broadcast nationwide.
- Symbol of Parliamentary Control: The very existence of this motion keeps the executive on its toes, aware that it survives only as long as it enjoys the confidence of the Lok Sabha.
- Political Signalling: It allows the opposition to consolidate its own ranks and signal to the public the government’s perceived failures.
Conclusion: The No-Confidence Motion is more than just a procedural device; it is the embodiment of parliamentary supremacy over the executive in India. While its successful passage is rare, its true significance lies in its power to enforce accountability and facilitate public discourse on the government’s performance.

GS Notes