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