| Parliament name (generic / translated) |
Sansad / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Lok Sabha / House of the People |
| Related chamber (for bicameral parliaments) |
Rajya Sabha / Council of States
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When results are declared. However, privileges and immunities accrue to MPs only when they have taken the oath or have subscribed affirmation and have signed the Roll of Members (Art. 99 and 104 of the Constitution of 26.01.1950, as amended to the 78th Amendment Act 1995, Third Schedule to the Constitution, Rules 5 and 6 of the Rules of Procedure and Conduct of Business in Lok Sabha, Chapter 1 of the Directions by the Speaker of Lok Sabha). Procedure. |
| Validation of mandates |
· No validation except in case of challenge by parliamentary election petitions (election trials, (in)validation by the appropriate judiciary (Art. 102 (1) (e) of the Constitution, Art. 100 of the Representation of the People Act 1951)) or in case of legal disabilities ((in)validation by the President (Art. 102 (1), 103, and 104 of the Constitution)). See Loss of mandate (b) and (d). |
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (see Art. 83 (2) and 85 (2) (b) of the Constitution) |
| Can MPs resign? |
Yes |
· Of their own free will (Art. 101 (3) of the Constitution, Rule 240 of the Rules of Procedure and Conduct of Business in Lok Sabha)
· Procedure (Art. 101 (3) of the Constitution, Rule 240 of the Rules of Procedure and Conduct of Business in Lok Sabha, Direction 47B of the Directions by the Speaker of Lok Sabha)
· Authority competent to accept the resignation: the Speaker
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Disqualification from membership on ground of defection (Art. 102 (2), and 104 of the Constitution, Tenth Schedule to the Constitution, The Members of Lok Sabha Disqualification on Ground of Defection Rules; Appendix IV of the Rules of Procedure and Conduct of Business in Lok Sabha); see also Code of conduct)
- Expulsion (see also Discipline, and Code of conduct)
- Loss of mandate for not attending sittings of Parliament (Art. 101 (4) of the Constitution, Rule 241 of the Rules of Procedure and Conduct of Business of Lok Sabha)
(b) Loss of mandate by judicial decision: election trials (Art. 102 (1) (e) of the Constitution, Art. 100 of the Representation of the People Act 1951)
(c) Loss of mandate for incompatibilities (Art. 101 (1) to (3) of the Constitution)
(d) Disqualification from membership by the President of India (Art. 102 (1), 103, and 104 of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Outside Parliament: the official order of precedence ranks the MPs in the 21st position. |
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary: INR 16,000 per month
+ Constituency Allowance: INR 6,000 per month
+ Office Expense
Allowance: INR 5,500 per month (see also Art. 97 and 106 of the Constitution, and the Second Schedule to the Constitution)
· Total exemption from tax
· Special pension scheme
· Other facilities:
(a) Secretariat: stenographic assistance
(b) Assistants (see also Art. 98 of the Constitution)
(c) Official housing
(d) Telephone services
(e) Travel and transport
(f) Others
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 105 (1) and (2) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: defamatory or incriminatory allegation (Rule 353 of the Rules of Procedure and Conduct of Business in Lok Sabha; see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 105 (3) of the Constitution).
· It applies only to civil proceedings, covers all offences with the exception of particularly serious and minor offences and protects MPs only from arrest. In case of arrest on a criminal charge or for a criminal offence, sentence to imprisonment by a court, arrest under an executive order, or release, the Parliament has to be informed (Rules 229 to 231 of, and Third Schedule to, the Rules of Procedure and Conduct of Business of Lok Sabha). For an arrest or legal process, civil or criminal, within the precincts of the House, the permission of the Speaker has to be obtained (Rules 232 to 233 of the Rules of Procedure and Conduct of Business in Lok Sabha).
· No derogations are foreseen.
· Parliamentary inviolability does prevent MPs from being called as witnesses before a judge or tribunal in respect of matters relating to business before the House.
· Protection is provided from 40 days before a session of the House to 40 days after the session. Since it does not cover judicial pro-ceedings in general, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) cannot be lifted.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of imprisonment under the emergency legislation or on criminal charges, the MPs concerned can be authorised to attend sittings of Parliament [references, texts or comments]:
- Competent authority:
- Procedure: the MP may approach the competent authority which may permit him to attend the sitting and return to jail.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the Bureau of Parliamentary Studies and Training. Senior MPs, leaders of political parties and experts are involved.
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings, committee meetings or other meetings.
· Penalties foreseen in case of absence (Art. 101 (4) of the Constitution, Rule 241 of the Rules of Procedure and Conduct of Business in Lok Sabha): loss of mandate
· Body competent to judge such cases/to apply the penalties: the House of the People
|
| Discipline |
· The rules governing discipline within Parliament are contained in Rules 222 to 228, 353, 356, 373 to 375, 378, 380, and 381 of the Rules of Procedure and Conduct of Business in Lok Sabha, and in customary law.
· Disciplinary measures foreseen:
- Order to discontinue the speech (Rule 356 of the Rules of Procedure and Conduct of Business in Lok Sabha)
- Order to withdraw for the rest of the sitting (Rule 373 of the Rules of Procedure and Conduct of Business in Lok Sabha)
- Naming and suspension (Rule 374 of the Rules of Procedure and Conduct of Business in Lok Sabha)
- Adjournment of the House or suspension of the sitting (Rule 375 of the Rules of Procedure and Conduct of Business in Lok Sabha)
· Specific cases:
- Defamatory or incriminatory allegation (Rules 353, 380, and 381 of the Rules of Procedure and Conduct of Business in Lok Sabha): prohibition of the allegation, expunction from the proceedings
- Contempt of the House (breach of privilege) in cases of misconduct within the House (Rules 222 to 228 of the Rules of Procedure and Conduct of Business in Lok Sabha): reprimand or admonition, imprisonment, suspension, expulsion (penal jurisdiction)
· Competent body to judge such cases/to apply penalties (see also Rule 378 of the Rules of Procedure and Conduct of Business in Lok Sabha):
- Order to discontinue the speech, order to withdraw for the rest of the sitting, adjournment of the House or suspension of the sitting, defamatory or incriminatory allegation: the Speaker
- Naming and suspension: the Speaker, the House of the People
- Contempt of the House (breach of privilege) in cases of misconduct within the House: the House of the People
· Procedure:
- Order to discontinue the speech (Rule 356 of the Rules of Procedure and Conduct of Business in Lok Sabha)
- Order to withdraw for the rest of the sitting (Rule 373 of the Rules of Procedure and Conduct of Business in Lok Sabha)
- Naming and suspension (Rule 374 of the Rules of Procedure and Conduct of Business in Lok Sabha)
- Adjournment of the House or suspension of the sitting (Rule 375 of the Rules of Procedure and Conduct of Business in Lok Sabha)
- Defamatory or incriminatory allegation (Rules 353, 380, and 381 of the Rules of Procedure and Conduct of Business in Lok Sabha)
- Contempt of the House (breach of privilege) in cases of misconduct within the House (Rules 222 to 228 of the Rules of Procedure and Conduct of Business in Lok Sabha)
|
| Code (rules) of conduct |
· This concept does exist in the country's juridical system in a customary form. There are also some relevant written provisions (Art. 102 (2) and 104 of the Constitution, Tenth Schedule to the Constitution, Rules 222 to 228 of the Rules of Procedure and Conduct of Business in Lok Sabha, The Members of Lok Sabha Disqualification on Ground of Defection Rules (Appendix IV of the Rules of Procedure and Conduct of Business in Lok Sabha)). Moreover, recommendations on a written code of conduct have been made by the Committee on Ethics and Privileges (for the recommendations made with respect to a declaration of interests, see Obligation to declare personal assets).
· Penalties foreseen for violation of those provisions:
- Reprimand or admonition
- Imprisonment
- Suspension
- Expulsion
- Disqualification from membership on ground of defection (Art. 102 (2) of the Constitution, Tenth Schedule to the Constitution)
· Competent body to judge such cases/to impose penalties:
- Reprimand or admonition, imprisonment, suspension, expulsion: the House of the People
- Disqualification from membership on ground of defection: the Speaker or an elected Member
· Procedure:
- Reprimand or admonition, imprisonment, suspension, expulsion (Rules 222 to 228 of the Rules of Procedure and Conduct of Business in Lok Sabha).
- Disqualification from membership on ground of defection (Art. 102 (2), and 104 of the Constitution, Tenth Schedule to the Constitution, The Members of Lok Sabha Disqualification on Ground of Defection Rules (Appendix IV of the Rules of Procedure and Conduct of Business in Lok Sabha)). In this case, MPs have no means of recourse.
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
