The Lok Sabha (House of the People) under the Constitution of India

The Lok Sabha, or the House of the People, is a crucial part of the Indian Parliament. Its composition, functions, powers, and dissolution are governed by specific articles of the Constitution of India.

Here is a detailed explanation of the Lok Sabha based on the relevant articles:

Article 79: Constitution of Parliament

• Meaning and Significance: This article establishes the structure of the Parliament of the Union. It states that the Parliament shall consist of the President and two Houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

• Legal/Political Significance: This article lays the foundation for the parliamentary system of government in India, making the Lok Sabha an integral legislative body at the Union level.

Article 81: Composition of the House of the People

• Meaning and Significance: This article defines how the Lok Sabha is constituted. It states that the House of the People shall consist of not more than five hundred and thirty members chosen by direct election from territorial constituencies in the States and not more than twenty members to represent the Union territories, chosen in such manner as Parliament may by law provide.¹

• Legal/Political Significance: This article ensures direct representation of the people of India in the Union Legislature. The allocation of seats and division into territorial constituencies are done in such a manner that there is, as far as practicable, uniformity in the ratio between the population of each constituency and the number of seats allotted to it.

• Background/Historical Context: The maximum number of members and representation of Union territories have been subject to amendments (e.g., by the Constitution (Seventh Amendment) Act, 1956, and the Goa, Daman and Diu Reorganisation Act, 1987) to reflect changes in the States and Union territories of India. The Explanation clarifies that "population" for this article means the population as ascertained at the last preceding census of which the relevant figures have been published, with a proviso regarding the 1971 census until the figures for the first census after 2026 are published.

Article 82: Readjustment after each census

• Meaning and Significance: This article mandates that upon the completion of each census, the allocation of seats in the Lok Sabha to the States and the division of each State into territorial constituencies shall be readjusted.²

• Legal/Political Significance: This process ensures that the representation in the Lok Sabha remains proportional to the population changes across the country.

• Background/Historical Context: This readjustment is carried out by an authority and in a manner determined by Parliament by law. Provisos have been added and amended (e.g., by the Constitution (Forty-second Amendment) Act, 1976, and the Constitution (Eighty-fourth Amendment) Act, 2001) to freeze the allocation of seats and delimitation of constituencies based on earlier census figures for a specified period to facilitate population control measures.

Article 83: Duration of Houses of Parliament

• Meaning and Significance: This article sets the duration of the Houses of Parliament. For the Lok Sabha, it states that unless sooner dissolved, it shall continue for five years from the date appointed for its first meeting and no longer. The expiration of this period operates as a dissolution of the House.

• Legal/Political Significance: This provides for a fixed term for the Lok Sabha, ensuring political stability, while also allowing for earlier dissolution under certain circumstances.

• Background/Historical Context: The proviso allows for the extension of this period by Parliament by law for a period not exceeding one year at a time while a Proclamation of Emergency is in operation, but not extending in any case beyond a period of six months after the Proclamation has ceased to operate. The original term was five years, which was extended to six years by the 42nd Amendment and reverted to five years by the 44th Amendment.

Article 84: Qualification for membership of Parliament

• Meaning and Significance: This article lays down the qualifications required for a person to be chosen to fill a seat in Parliament, including the Lok Sabha. A person must be a citizen of India, at least twenty-five years of age for a seat in the House of the People, and possess such other qualifications as may be prescribed by or under any law made by Parliament. They also need to make and subscribe an oath or affirmation.

• Legal/Political Significance: These qualifications ensure that members of the Lok Sabha meet basic criteria for age and citizenship and uphold the Constitution.

Article 85: Sessions of Parliament, prorogation and dissolution

• Meaning and Significance: This article deals with the sessions of Parliament, including the Lok Sabha. It states that the President shall from time to time summon each House of Parliament to meet, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. The President may also from time to time prorogue the Houses or either House and dissolve the House of the People.

• Legal/Political Significance: This article governs the summoning of Parliament and the power of the President to prorogue sessions and dissolve the Lok Sabha. Dissolution of the Lok Sabha leads to a general election.

Article 93: The Speaker and Deputy Speaker of the House of the People

• Meaning and Significance: This article mandates that the House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof.

• Legal/Political Significance: The Speaker is the principal presiding officer of the Lok Sabha, maintaining order and conducting the business of the House. The Deputy Speaker performs these duties in the Speaker's absence.

Article 101: Vacation of seats

• Meaning and Significance: This article specifies circumstances under which a member of either House of Parliament (including Lok Sabha) shall vacate their seat. These include being a member of both Houses, being a member of both Parliament and a State Legislature (unless they resign their State seat within a specified period), becoming subject to disqualifications under Article 102, or resigning their seat. A member's seat can also be declared vacant if they are absent from all meetings for sixty days without permission.

• Legal/Political Significance: This ensures that members hold only one legislative seat and maintain the necessary qualifications.

Article 102: Disqualifications for membership

• Meaning and Significance: This article lists the disqualifications for being chosen as, and for being, a member of either House of Parliament. These include holding an office of profit under the Government, being of unsound mind, being an undischarged insolvent, not being a citizen of India,³ or being disqualified by or under any law made by Parliament. A person is also disqualified if they are disqualified under the Tenth Schedule (anti-defection law).

• Legal/Political Significance: These provisions aim to maintain the integrity and independence of the members of Parliament.

Article 103: Decision on questions as to disqualifications of members

• Meaning and Significance: This article states that if any question arises as to whether a member of either House of Parliament has become subject to any of the⁴ disqualifications mentioned in Article 102(1), the question shall be referred for the decision of the President, and his decision shall be final.

• Legal/Political Significance: This article designates the President as the authority to decide on disqualification issues, acting on the opinion of the Election Commission.

Article 105: Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof

• Meaning and Significance: This article provides for the powers, privileges, and immunities of each House of Parliament, and of the members and committees of each House. It guarantees freedom of speech in Parliament and protects members from legal proceedings in any court in respect of anything said or any vote given in Parliament or any committee thereof.

• Legal/Political Significance: These privileges are essential for the effective functioning and independent deliberation of the Lok Sabha and its members.

Article 109: Special procedure in respect of Money Bills

• Meaning and Significance: This article outlines the special procedure for Money Bills, stating that a Money Bill shall not be introduced in the Council of States. After being passed by the House of the People, it is transmitted to the Council of States for recommendations, which the Lok Sabha may then accept or reject.

• Legal/Political Significance: This article grants the Lok Sabha primary authority over Money Bills, reflecting its role as the directly elected representative body responsible for controlling government finances.

Article 110: Definition of "Money Bills"

• Meaning and Significance: This article defines what constitutes a "Money Bill". It lists various matters, such as the imposition or regulation of taxes, the regulation of government borrowing, the custody of the Consolidated Fund of India, and the appropriation of moneys out of the Consolidated Fund of India. A Bill is deemed a Money Bill if it contains only provisions dealing with these matters.

• Legal/Political Significance: This definition is crucial in determining the special legislative procedure a Bill will follow, reinforcing the Lok Sabha's dominance in financial legislation.

Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People

• Meaning and Significance: This article provides for the reservation of seats in the House of the People for the Scheduled Castes and the Scheduled Tribes. The number of seats reserved is in proportion to their population in the respective States or Union territories.

• Legal/Political Significance: This provision aims to ensure adequate representation of these historically disadvantaged groups in the national legislature.

Article 334: Reservation of seats and special representation to cease after certain period

• Meaning and Significance: This article originally stated that the provisions for the reservation of seats for Scheduled Castes and Scheduled Tribes and the representation of the Anglo-Indian community by nomination in⁵ the House of the People would cease after a certain period (originally ten years from the commencement of the Constitution).

• Legal/Political Significance: This article reflects the intention for these reservations to be temporary measures, although the period has been extended multiple times through constitutional amendments.

Article 334A: Reservation of seats for women take effect

• Meaning and Significance: This newly inserted article (by the Constitution (One Hundred and Sixth Amendment) Act, 2023) states that the reservation of seats for women in the House of the People shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after the commencement of this Amendment Act have been published.

• Legal/Political Significance: This article introduces a significant change to the composition of the Lok Sabha, aiming to enhance women's representation in the national legislature. It also specifies that this reservation is for a period of fifteen years from the commencement of the Act and that rotation of reserved seats will happen after each subsequent delimitation exercise.

Summary Table

Suggestions for Learning Enhancement Tools:

To enhance your learning about the Lok Sabha and the Indian Constitution, you might find the following tools helpful:

• Digital Flashcards: Create flashcards with the Article number on one side and the key concept, meaning, and significance on the other.

• Concept Maps: Build visual diagrams connecting the different articles and their relationship to the Lok Sabha's composition, powers, and functions.

• Quizzes: Develop short quizzes based on the articles to test your understanding of the key provisions.

• Diagrams of Parliamentary Structure: Create or refer to diagrams illustrating the structure of the Indian Parliament, showing the position and relationship of the Lok Sabha with the President and Rajya Sabha.

• Timeline of Amendments: Construct a timeline highlighting the key constitutional amendments that have affected the Lok Sabha's composition or duration (e.g., 42nd, 44th, 84th, 106th Amendments).

These tools can help reinforce your understanding of the constitutional provisions related to the Lok Sabha.