Parliament of India

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1. Organization and Composition (Arts 79-82)

The Parliament of India consists of three parts: the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).

Rajya Sabha (Upper House):

  • Maximum Strength: 250 (238 elected from States/UTs + 12 nominated by President from fields of art, literature, science, or social service).
  • Current Strength: 245 (225 from States + 8 from UTs + 12 nominated).
  • Allocation of seats is governed by the Fourth Schedule of the Constitution on the basis of population.

Lok Sabha (Lower House):

  • Maximum Strength: 550 (530 from States + 20 from UTs). Earlier 2 Anglo-Indians were nominated, but this provision was abolished by the 104th Amendment Act, 2019.
  • Current Strength: 543 members directly elected by the people on the basis of universal adult franchise (voting age reduced from 21 to 18 by the 61st Amendment Act, 1988).

2. Duration and Membership

Rajya Sabha: It is a continuing chamber (permanent body) and not subject to dissolution. One-third of its members retire every second year. Term of an individual member is 6 years (prescribed by Representation of the People Act, 1951, not the Constitution).

Lok Sabha: Its normal term is 5 years from the date of its first meeting. The President can dissolve it earlier. Its term can be extended during a National Emergency for one year at a time.

Qualifications for Membership:

  • Must be a citizen of India.
  • Age: Minimum 30 years for Rajya Sabha and 25 years for Lok Sabha.
  • Must be registered as a parliamentary elector for any constituency.

Disqualifications (Anti-Defection Law): Under the Tenth Schedule (added by 52nd Amendment, 1985), a member is disqualified if he voluntarily gives up party membership or votes against party directions (whip). The decision lies with the Chairman/Speaker, and is subject to judicial review.

3. Presiding Officers

Speaker of Lok Sabha: Elected by Lok Sabha from among its members. Functions:

  • Maintains order and decorum.
  • His decision in all Parliamentary matters is final.
  • He presides over a joint sitting of the two Houses.
  • He decides whether a bill is a Money Bill or not, and his decision is final.
  • He does not vote in the first instance, but exercises a casting vote in case of a tie.

Chairman of Rajya Sabha: The Vice-President of India is the ex-officio Chairman. Unlike the Speaker, he is not a member of the House. He also has a casting vote only.

4. Legislative Procedure: Types of Bills

  1. Ordinary Bills: Can be introduced in either House. Require a simple majority. In case of a deadlock, President can summon a joint sitting.
  2. Money Bills (Article 110): Contain provisions related exclusively to taxation, borrowing, consolidated fund, etc. Can be introduced ONLY in Lok Sabha, with the prior recommendation of the President. Rajya Sabha has restricted powers: it cannot amend or reject a Money Bill, and must return it within 14 days.
  3. Financial Bills (Articles 117): Contain financial matters but also other non-financial matters. They also must be introduced only in Lok Sabha on the President's recommendation, but thereafter follow the procedure of an ordinary bill.
  4. Constitution Amendment Bills (Article 368): Can be introduced in either House. Must be passed by each House separately by a special majority. No provision for a joint sitting in case of disagreement.

5. Parliamentary Proceedings and Motions

  • Question Hour: The first hour of every parliamentary sitting. Members ask questions (Starred, Unstarred, Short Notice) and ministers answer.
  • Zero Hour: Immediately follows the Question Hour. Members raise matters of public importance without any prior notice. (An Indian innovation).
  • Adjournment Motion: Introduced in Lok Sabha to draw attention to a definite matter of urgent public importance. Needs support of 50 members.
  • No-Confidence Motion (Article 75): Can be introduced only in Lok Sabha. Needs support of 50 members to be admitted. If passed, the entire Council of Ministers must resign. (There is no concept of a No-Confidence Motion in Rajya Sabha).