PARLIAMENT: LOK SABHA AND RAJYA SABHA

Introduction
Parliament is the legislative organ of the Union Government. Along with the Executive and Judiciary, it forms the foundation of Indian democracy. India follows a Parliamentary system, giving Parliament a central role in policymaking, accountability and representation. Being the most representative institution, Parliament reflects the diversity and aspirations of the people.

Constitutional Provisions (Articles 79–122)
• Article 79: Parliament consists of the President, Rajya Sabha (Council of States) and Lok Sabha (House of the People).
• Article 80: Composition of Rajya Sabha.
• Article 81: Composition of Lok Sabha.
• Article 82: Readjustment and Delimitation after every census.
These Articles cover organisation, composition, duration, privileges, powers and procedures of Parliament.

Organisation of Parliament
• Parliament has three parts: President, Rajya Sabha and Lok Sabha.
• President is an integral part but not a member of either house.
• 1954: Council of States became Rajya Sabha; House of People became Lok Sabha.
• Lok Sabha = Lower House, represents the people.  
• Rajya Sabha = Upper House, represents states and UTs.
President’s Parliamentary Functions:
• Summons and prorogues both houses.  
• Addresses Parliament.  
• Dissolves Lok Sabha.  
• Issues ordinances when Parliament is not in session.

RAJYA SABHA – Composition (Article 80)
• Maximum strength: 250 (238 elected + 12 nominated).  
Present: Total 245  
• States: 229  
• UTs: 4  
• Nominated: 12 (eminent persons in art, literature, science, social service)

Representation of States
• Elected by MLAs through proportional representation with single transferable vote.  
• Seats allotted based on population → unequal representation.  
• Not like USA Senate where all states have equal seats.

Representation of Union Territories
• Indirectly elected by specially constituted electoral college.  
• Only Delhi, Puducherry and J&K have representation.

Nominated Members
• 12 nominated by the President.  
• Rationale: bring expertise into Parliament.

LOK SABHA – Composition (Article 81)
• Maximum strength: 552 (530 states + 20 UTs + 2 Anglo-Indian – now discontinued).  
Present strength: 543  
• States: 530  
• UTs: 13  

Representation of States
• Direct elections based on universal adult franchise (voting age: 18 years after 61st CAA, 1988).

Representation of UTs
• Parliament decides the manner of choosing representatives.  
• UTs (Direct Election to LS) Act, 1965 → direct elections in UTs.

Nominated Members (No longer applicable)
• Earlier, President nominated 2 Anglo-Indians (Art 331).  
• Abolished by 104th Constitutional Amendment, 2019.

Territorial Constituencies
• States divided into constituencies ensuring population-seat uniformity.  
• Uniform representation:  
  – Across states  
  – Across constituencies within a state

READJUSTMENT AFTER EACH CENSUS (Article 82)
• Readjustment of Lok Sabha seats and constituencies after every census.
Delimitation done through Acts: 1952, 1962, 1972, 2002.
Major Amendments:
• 42nd CAA (1976): Freeze on delimitation till 2000 (based on 1971 census).
• 84th CAA (2001): Freeze extended till 2026.
• 87th CAA (2003): Constituencies redefined based on 2001 census.

RESERVATION FOR SC/ST
• Seats reserved based on population proportion.  
• Extended repeatedly; 104th CAA (2019) extended till 2030.  
• SC/ST candidates elected by all voters (no separate electorate).

WHY FIRST PAST THE POST (FPTP) FOR LOK SABHA?
• Simple system; easy to understand.  
• Clear choice between candidates.  
• Ensures accountability – voters know their representative.  
• Facilitates stable government formation.  
• Encourages social coalitions in constituencies.

PROPORTIONAL REPRESENTATION – Limited Use
Used for indirect elections:
• President  
• Vice President  
• Rajya Sabha  
• Legislative Council  
(PR with Single Transferable Vote)

DURATION OF HOUSES (Article 83)
LOK SABHA
• Not a permanent body.  
• Normal term: 5 years; may be dissolved earlier by President.  
• During Emergency: term can be extended by one year at a time (max six months after Emergency ends).

RAJYA SABHA
• Permanent body; not subject to dissolution.  
• Members’ term: 6 years (RPA 1951).  
• One-third members retire every 2 years.

MEMBERSHIP OF PARLIAMENT (Article 84)
Constitutional Qualifications:
• Citizen of India.  
• Oath or affirmation.  
• Age: 25 (Lok Sabha), 30 (Rajya Sabha).  
• Other qualifications set by Parliament.

RPA 1951 Qualifications:
• Registered voter.  
• SC/ST qualification for contesting reserved seats.

DISQUALIFICATION (Constitutional)
• Office of profit.  
• Unsound mind.  
• Insolvent.  
• Loss of citizenship.  
• Disqualified under law.

RPA 1951 Disqualifications:
• Conviction for offences (imprisonment ≥ 2 years).  
• Election malpractice.  
• Failure to submit poll expenses.  
• Interest in government contracts.  
• Dismissal from government service.  
• Promoting enmity, bribery, social crimes.

DEFECTection (Tenth Schedule)
Grounds:
• Voluntarily giving up party membership.  
• Voting/abstaining against party direction.  
• Independent member joining a party.  
• Nominated member joining a party after 6 months.
Deciding Authority: Presiding Officer.

VACATING OF SEATS
• Resignation.  
• Absence for 60 days.  
• Disqualification.  
• Court declaring election void.  
• Expulsion.  
• Taking office as President/Vice-President/Governor.

OATH/AFFIRMATION
• Must be taken before participating in House proceedings.

SALARIES AND ALLOWANCES
• Decided by Parliament.  
• Speaker/Chairman salaries charged from Consolidated Fund of India.

PRESIDING OFFICERS – LOK SABHA

SPEAKER (Article 93)
Origin: 1919 reforms; first Indian Speaker: Vithalbhai Patel (1925).
Election & Tenure:
• Elected by Lok Sabha.  
• Remains till LS dissolves.  
• Can resign or be removed by resolution.

Powers:
• Maintains order; conducts business.  
• Final interpreter of Constitution, rules and precedents.  
• Casting vote in case of tie.  
• Decides if a Bill is a Money Bill (final decision).  
• Presides over joint sittings (except money & constitutional amendment bills).  
• Adjudicates defection cases.  
• Chairs key committees.

IMPARTIALITY MECHANISMS
• Secure tenure.  
• High removal threshold.  
• Conduct not subject to court jurisdiction.  
• Salary charged on CFI.

DEPUTY SPEAKER (Article 93)
• Elected after Speaker.  
• Often from opposition.  
• Performs Speaker’s duties in absence.  
• Removal by absolute majority.

SPEAKER PRO TEM (Article 95)
• Senior-most MP appointed by President.  
• Administers oath; presides till new Speaker is elected.

PANEL OF CHAIRS (Lok Sabha)
• Up to 10 members nominated by Speaker.  
• Preside in absence (not vacancy) of Speaker/Deputy Speaker.

RAJYA SABHA PRESIDING OFFICERS

CHAIRPERSON (Article 89)
• Vice-President is ex-officio Chairman.  
• Similar powers as Speaker.  
• Not a member of the House.  
• Has casting vote only.

DEPUTY CHAIRPERSON (Article 89)
• Elected by Rajya Sabha.  
• Performs Chairperson’s duties in absence.  
• Removal by absolute majority.

PANEL OF VICE-CHAIRPERSONS
• Nominated panel to preside in absence of Chairperson/Deputy Chairperson.

SECRETARIAT OF PARLIAMENT (Article 98)
• Each house has separate secretariat.  
• Headed by Secretary-General.

LEADER OF THE HOUSE
• Not constitutional; defined in rules.  
• In Lok Sabha: PM or nominated minister.  
• In Rajya Sabha: nominated minister.  
• Coordinates government business.

LEADER OF THE OPPOSITION
• Statutory position (1977).  
• Largest opposition party with ≥10% seats.  
• Status equal to Cabinet Minister.

WHIP
• Not constitutional; internal party mechanism.  
• Ensures attendance, discipline and voting direction.  
• Violations can invite disciplinary action.

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Subject: Polity

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