Parliament Summary

CHAPTER 23: Parliament
  • Legislative Organ: Parliament is the supreme legislative body of India, occupying a pre-eminent and pivotal position in the Indian democratic political system. It is covered under Articles 79 to 122 in Part V of the Constitution.

Organization of Parliament
  • Constituent Parts: Under the Constitution, the Parliament of India consists of three parts:

    • The President: Not a member of either House and does not sit in Parliament, but is an integral part. A bill passed by both Houses cannot become law without the President’s assent.

    • Rajya Sabha (Council of States): The Upper House, representing the states and union territories of the Indian Union.

    • Lok Sabha (House of the People): The Lower House, representing the people of India as a whole.

Composition of the Houses

Rajya Sabha

  • Maximum Strength: 250 members (238 elected indirectly and 12 nominated by the President).

  • Nominated Members: Persons having special knowledge or practical experience in literature, science, art, and social service.

  • Representation of States: Members are elected by the elected members of state legislative assemblies through proportional representation by means of a single transferable vote.

  • Representation of Union Territories: Only Delhi, Puducherry, and Jammu & Kashmir have representation in Rajya Sabha due to their population size.

Lok Sabha

  • Maximum Strength: 550 members (530 representing states and 20 representing Union Territories).

  • Anglo-Indian Nominees: The provision for nominating two members from the Anglo-Indian community was abolished by the 104^{th} Constitutional Amendment Act, 2019.

  • Universal Adult Franchise: Every citizen who is not less than 18 years of age is entitled to vote (reduced from 21 by the 61^{st} Amendment Act, 1988).

Duration of the Houses
  • Rajya Sabha: A permanent body and not subject to dissolution. However, one-third of its members retire every second year. The term of an individual member is fixed at 6 years.

  • Lok Sabha: Normal term is 5 years from the date of its first meeting. It can be dissolved by the President at any time. During a National Emergency, the term can be extended by Parliament for one year at a time for any length of time.

Membership Qualifications and Disqualifications
  • Qualifications:

    • Must be a citizen of India.

    • Must be at least 30 years of age for Rajya Sabha and 25 years for Lok Sabha.

    • Must take an oath before the Election Commission.

  • Disqualifications: Under the Constitution, a person is disqualified if they hold an office of profit, are of unsound mind, are an undischarged insolvent, or lose Indian citizenship.

  • Anti-Defection Law: Disqualification on grounds of defection is decided by the Presiding Officer under the Tenth Schedule.

Presiding Officers of Parliament
  • Speaker of Lok Sabha: Elected by the members from among themselves. They maintain order, interpret rules, and exercise a 'Casting Vote' in case of a tie. They also preside over joint sittings.

  • Chairman of Rajya Sabha: The Vice-President of India is the ex-officio Chairman. Unlike the Speaker, the Chairman is not a member of the House.

Legislative Procedure and Sessions
  • Sessions: The President summons each House. The maximum gap between two sessions cannot exceed 6 months.

  • Quorum: The minimum number of members required to be present to transact business is 1/10^{th} of the total number of members in each House.

  • Types of Bills:

    1. Ordinary Bills: Can be introduced in either House. In case of deadlock, a joint sitting (Article 108) may be called.

    2. Money Bills: Can only be introduced in Lok Sabha on the recommendation of the President. Rajya Sabha has restricted powers and must return the bill within 14 days (Article 110).

    3. Financial Bills: Categorized into Financial Bills (I) and (II).

Parliamentary Committees
  • Standing Committees: Permanent in nature (e.g., Financial Committees, DRSCs).

    • Public Accounts Committee: 22 members (15 from LS, 7 from RS); examines the report of the Comptroller and Auditor General (CAG).

    • Estimates Committee: 30 members (all from Lok Sabha); suggests efficiency in administration.

  • Ad Hoc Committees: Temporary committees appointed for a specific task (e.g., Select or Joint Committees on Bills).