Parliament

Parliament

  • The Parliament is the legislative organ of the Union government in India, central to the democratic political system.

  • Articles 79 to 122 in Part V of the Constitution detail its organization, composition, powers, etc.

Organization of Parliament

  • Consists of: The President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).

  • Rajya Sabha represents states and union territories; Lok Sabha represents the people of India.

  • The President, though not a member, is integral as bills require their assent to become law; they also summon/prorogue Houses, dissolve the Lok Sabha, address Houses, and issue ordinances.

Composition of the Two Houses
Composition of Rajya Sabha

  • Maximum strength: 250 (238 from states/UTs, 12 nominated by the President).

  • Current: 245 members (229 states, 4 UTs, 12 nominated).

Representation of States

  • Elected by state legislative assemblies via proportional representation.

  • Seats allotted based on population.

Representation of Union Territories

  • Indirectly elected by an electoral college; only Delhi, Puducherry, and Jammu & Kashmir have representation.

Nominated Members

  • 12 members nominated by the President for special knowledge in arts, literature, science, and social service.

Composition of Lok Sabha

  • Maximum: 552 (530 states, 20 UTs, 2 nominated Anglo-Indians).

  • Current: 545 (530 states, 13 UTs, 2 Anglo-Indians).

Representation of States

  • Directly elected by the people via universal adult franchise (18+ years).

Representation of Union Territories

  • Chosen by direct election as per the Union Territories Act, 1965.

Nominated Members

  • The president can nominate two members from the Anglo-Indian community if the community is not adequately represented in the Lok Sabha.

System of Elections to Lok Sabha
Territorial Constituencies

  • States are divided into territorial constituencies to ensure uniform representation.

Readjustment after each Census

  • Readjustment is made in the allocation of seats and division of states into constituencies after each census.

Reservation of Seats for SCs and STs

  • Seats are reserved for Scheduled Castes and Scheduled Tribes based on population ratios.

First-Past-The-Post System

  • India uses the First-Past-The-Post system for Lok Sabha elections, where the candidate with the majority of votes wins.

Duration of Two Houses
Duration of Rajya Sabha

  • The Rajya Sabha is a permanent body with \frac{1}{3} of members retiring every two years.

  • Members serve six-year terms.

Duration of Lok Sabha

  • The Lok Sabha has a five-year term but can be dissolved earlier by the President.

  • Term can be extended during a national emergency.

Membership of Parliament
Qualifications

  1. Citizen of India.

  2. Oath to uphold the Constitution.

  3. Minimum age: 30 for Rajya Sabha, 25 for Lok Sabha.

  4. Other qualifications prescribed by Parliament.

Disqualifications

  • Holding an office of profit, unsound mind, undischarged insolvent, non-citizen, or disqualified by Parliament.

Ground of Disqualification on Defection

  • Disqualification occurs if a member defects from their political party.

Vacating of Seats

  1. Double Membership

  • Cannot be a member of both Houses or Parliament and state legislature simultaneously.

  1. Disqualification

  • Subject to disqualifications specified in the Constitution.

  1. Resignation

  • A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha, as the case may be. The seat falls vacant when the resignation is accepted. However, the Chairman/Speaker may not accept the resignation if he is satisfied that it is not voluntary or genuine.

  1. Absence

  • A House can declare the seat of a member vacant if he is absent from all its meetings for a period of sixty days without its permission.

  1. Other cases

  • A member has to vacate his seat in the Parliament:

    • If his election is declared void by the court

    • If he is expelled by the House

    • If he is elected to the office of President or Vice-President; and

    • If he is appointed to the office of governor of a state.

Oath or Affirmation

  • Every member must take an oath or affirmation before taking their seat.

Salaries and Allowances

  • Determined by Parliament; includes salaries, allowances, pension, and other facilities.

Presiding Officers of Parliament

  • Each House has its presiding officer: Speaker and Deputy Speaker for Lok Sabha, Chairman and Deputy Chairman for Rajya Sabha.

Speaker of Lok Sabha

  • Elected by the Lok Sabha; maintains order, interprets rules, and presides over the House.

Deputy Speaker of Lok Sabha

  • Elected by the Lok Sabha; performs Speaker's duties in their absence.

Panel of Chairpersons of Lok Sabha

  • Nominated by the Speaker to preside over the House in the absence of the Speaker and Deputy Speaker