| Parliament name (generic / translated) |
Sansad / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Rajya Sabha / Council of States |
| Related chamber (for bicameral parliaments) |
Lok Sabha / House of the People
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the 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 of the Constitution, Rules 5 and 6 of the Rules of Procedure and Conduct of Business in Rajya 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 tenure of a Member of the Council expires (Art. 83 (1) of the Constitution; the Council of States cannot be dissolved) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 101 (3) of the Constitution, Rule 213 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
· Procedure (Art. 101 (3) of the Constitution, Rule 213 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
· Authority competent to accept the resignation: the Chairman
|
| 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 Rajya Sabha Disqualification on Ground of Defection Rules (Appendix II of the Rules of Procedure and Conduct of Business in Rajya 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 215 of the Rules of Procedure and Conduct of Business of Rajya 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 |
· Within Parliament:
1. The Chairman
2. The Deputy Chairman
3. The other MPs
· 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 238A of the Rules of Procedure and Conduct of Business in Rajya 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 222A to 222C of, and Second Schedule to, the Rules of Procedure and Conduct of Business in Rajya 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 proceedings 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:
- 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.
· Handbooks of parliamentary procedure:
- Handbook for Members of Rajya Sabha (1996)
|
| 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 215 of the Rules of Procedure and Conduct of Business in Rajya Sabha): loss of mandate
· Body competent to judge such cases/to apply the penalties: the Council of States
|
| Discipline |
· The rules governing discipline within Parliament are contained in Rules 187 to 203, 238A, 240, 255 to 257, 259, 261, and 262 of the Rules of Procedure and Conduct of Business in Rajya Sabha, and in customary law.
· Disciplinary measures foreseen:
- Order to discontinue the speech (Rule 240 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Order to withdraw for the rest of the sitting (Rule 255 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Naming and suspension (Rule 256 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Adjournment of the House or suspension of the sitting (Rule 257 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
· Specific cases:
- Defamatory or incriminatory allegation (Rules 238A, 261, and 262 of the Rules of Procedure and Conduct of Business in Rajya Sabha): prohibition of the allegation, expunction from the proceedings
- Contempt of the House (breach of privilege) in cases of misconduct within the Council (Rules 187 to 203 of the Rules of Procedure and Conduct of Business in Rajya Sabha): reprimand or admonition, imprisonment, suspension, expulsion (penal jurisdiction)
· Competent body to judge such cases/to apply penalties (see also Rule 259 of the Rules of Procedure and Conduct of Business in Rajya 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 Chairman
- Naming and suspension: the Chairman, the Council of States
- Contempt of the House (breach of privilege) in cases of misconduct within the Council: the Council of States
· Procedure:
- Order to discontinue the speech (Rule 240 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Order to withdraw for the rest of the sitting (Rule 255 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Naming and suspension (Rule 256 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Adjournment of the House or suspension of the sitting (Rule 257 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Defamatory or incriminatory allegation (Rules 238A, 261, and 262 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Contempt of the House (breach of privilege) in cases of misconduct within the Council (Rules 187 to 203 of the Rules of Procedure and Conduct of Business in Rajya 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 187 to 203 of the Rules of Procedure and Conduct of Business in Rajya Sabha, The Members of Rajya Sabha Disqualification on Ground of Defection Rules (Appendix II of the Rules of Procedure and Conduct of Business in Rajya Sabha)).
· 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 Council of States
- Disqualification from membership on ground of defection: the Chairman or an elected Member
· Procedure:
- Reprimand or admonition, imprisonment, suspension, expulsion (Rules 187 to 203 of the Rules of Procedure and Conduct of Business in Rajya Sabha).
- Disqualification from membership on ground of defection (Art. 102 (2), and 104 of the Constitution, Tenth Schedule to the Constitution, The Members of Rajya Sabha Disqualification on Ground of Defection Rules (Appendix II of the Rules of Procedure and Conduct of Business in Rajya Sabha)). In this case, MPs have no means of recourse.
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
