Indian Parliament

Indian Parliament

• The Parliament of India is the highest law-making authority of the Union. It occupies a central position in India's democratic system and functions under the parliamentary form of government (Westminster Model).
• The first general elections (1951–52) under the Constitution, the first elected Parliament was constituted in April 1952.
• Constitutional Framework: Part V (Articles 79–122) of the Constitution lays down the provisions relating to the composition, organisation, duration, officers, legislative procedure, powers, privileges, and functioning of Parliament.

o The Constituent Assembly adopted the British parliamentary model rather than the American presidential model, making Parliament the cornerstone of responsible government.

• Position of the President: Unlike the United States, where the President is not a part of the legislature, the President of India is an integral part of Parliament under Article 79, along with the Rajya Sabha and the Lok Sabha.

What Does the Indian Parliament Comprise?

The Parliament of India is the supreme legislative body of the Union. Under Article 79, Parliament consists of:

1. The President of India
2. Rajya Sabha (Council of States) – Upper House
3. Lok Sabha (House of the People) – Lower House

Article 79: "There shall be a Parliament for the Union which shall consist of the President and two Houses, to be known respectively as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha)."

Why is the President Part of Parliament?

• The President is not a member of either House.
• However, no Bill becomes law without the President's assent (Article 111).
• The President summons, prorogues Parliament, dissolves the Lok Sabha, and addresses Parliament under the Constitution.

Structure of the Indian Parliament

President

• Constitutional Head of Parliament.
• Summons and prorogues Parliament (Article 85).
• Dissolves the Lok Sabha.
• Gives assent to Bills (Article 111).
• Addresses the first session after each general election and the first session each year (Article 87).
• Can promulgate Ordinances when Parliament is not in session (Article 123).

Rajya Sabha (Council of States)

• Upper House of Parliament.
• Represents the States and Union Territories.
• Maximum Strength: 250 members (Article 80)

• 238 elected representatives of States and UTs.
• Election of UT Representatives: Representatives of Union Territories in the Rajya Sabha are indirectly elected by members of an electoral college constituted in accordance with the law made by Parliament.
• At present, Delhi, Puducherry, and Jammu & Kashmir are represented in the Rajya Sabha, while the remaining Union Territories do not have representation due to the absence of the required constitutional and statutory framework, including a Legislative Assembly.

• 12 members nominated by the President for excellence in literature, science, art, and social service. Note- No nominated member in USD Senate

• Present Strength: 245 members.
• Permanent House; never dissolved.
• One-third of members retire every two years.

• Tenure of each member: 6 years (RPA, 1951).

• Presiding Officer: Vice-President of India (Ex-officio Chairman).

U.S. Senate vs Indian Rajya Sabha (Upper House)

Lok Sabha (House of the People)

• Lower House of Parliament.
• Directly elected by the people through universal adult suffrage.
• Maximum Strength (Article 81): 552

• Up to 530 from States.
• Up to 20 from Union Territories. Union Territories (Direct Election to the House of the People) Act, 1965: This Act provides that members representing Union Territories in the Lok Sabha are elected directly by the people through direct elections.
• (The provision for 2 Anglo-Indian nominated members was abolished by the 104th Constitutional Amendment Act, 2019.)

• Present Strength: 543 elected members.
• Normal tenure: 5 years (Article 83), unless dissolved earlier.
• Presiding Officer: Speaker of the Lok Sabha.

Key Constitutional Articles

Election System of Lok Sabha

Territorial Constituencies

• Under Article 81, each State is divided into territorial constituencies for the direct election of Lok Sabha members.
• Each constituency elects one Member of Parliament (Single-Member Constituency).
• Constituencies are delimited to ensure, as far as practicable, equal population-to-seat ratio within a State.

Union Territories

o Article 81(1)(b) does not require Union Territories to be divided into territorial constituencies in the same manner as States.

o Their representation is provided as Parliament may by law prescribe (e.g., the Union Territories (Direct Election to the House of the People) Act, 1965).

Small States

o Under the proviso to Article 81, the requirement of maintaining a uniform population-to-seat ratio does not apply to States having a population below 6 million (60 lakh).

o However, they are still divided into territorial constituencies.

Delimitation after Census

• Article 82 provides that after every Census, Parliament shall enact a Delimitation Act, following which the Delimitation Commission redraws the boundaries of constituencies. Following Delimitation Commission Acts enforced by parliament: 1952 (1951 Census), 1962 (1961 Census), 1972 (1971 Census), and 2002 (2001 Census).
• The objective is to ensure equal representation based on population changes.

Constitutional Amendments Related to Delimitation

Current Status: The next readjustment of Lok Sabha seats among States will take place after the first Census conducted after 2026.

Reservation of Seats for SCs and STs

• Articles 330 and 332 provide for the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs).
• Reserved seats are allocated in proportion to the SC/ST population of a State.
• Only candidates belonging to the respective category can contest from reserved constituencies, while all eligible voters of the constituency can vote.
• 104th Constitutional Amendment Act, 2020 extended the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies until 25 January 2030.
• Note: The same amendment abolished the nomination of two Anglo-Indian members to the Lok Sabha (Article 331).

Why Did India Not Adopt Proportional Representation for Lok Sabha?

India adopted the First-Past-the-Post (FPTP) system instead of Proportional Representation (PR) for Lok Sabha elections because:

• Simple and easy to understand for voters and administrators.
• Ensures stable governments by generally producing clear legislative majorities.
• Provides a direct link between the elected representative and a specific geographical constituency.
• Suitable for a large and diverse country with high levels of illiteracy at the time of Independence.
• Facilitates quick election results and a simpler counting process.
• The Constituent Assembly, influenced by the British parliamentary model, considered FPTP more appropriate for India's parliamentary democracy.

Membership of Parliament

Qualifications

A. Constitutional Qualifications (Article 84)

• Must be a citizen of India.
• Must take and subscribe an oath or affirmation before a person authorized by the Election Commission.
• Lok Sabha: Minimum 25 years of age.
• Rajya Sabha: Minimum 30 years of age.
• Must possess other qualifications prescribed by Parliament.

B. Statutory Qualifications

(Representation of the People Act, 1951)

• Must be registered as an elector in a parliamentary constituency.
• For a reserved (SC/ST) seat, the candidate must belong to the respective Scheduled Caste or Scheduled Tribe.
• Must satisfy all other qualifications prescribed under the Representation of the People Act, 1951.
• A Rajya Sabha candidate had to be registered as a voter in the State from which they contested (RPA, 1951).

o Since 2003: Any Indian citizen registered as an elector anywhere in India can contest Rajya Sabha elections from any State or Union Territory.

Disqualifications

A. Constitutional Disqualifications (Article 102)

A person is disqualified if he/she:

• Holds an office of profit under the Union or State Government.
• Is declared to be of unsound mind by a competent court.
• Is an undischarged insolvent.
• Is not an Indian citizen, has voluntarily acquired foreign citizenship, or owes allegiance to a foreign State.
• Is disqualified under any law made by Parliament.
• Is disqualified under the Tenth Schedule (Anti-Defection Law).

B. Statutory Disqualifications

(Representation of the People Act, 1951)

A person is disqualified if he/she:

• Is convicted of specified criminal offences.
• Is found guilty of corrupt electoral practices.
• Fails to lodge election expense accounts within the prescribed time.
• Has an interest in government contracts.
• Holds an office in a government-controlled corporation (where disqualification applies).
• Has been dismissed from government service for corruption or disloyalty.
• Is convicted of offences relating to bribery, promoting enmity, untouchability, dowry, or sati.

If any question arises regarding the disqualification of a Member of Parliament, the President's decision shall be final. However, the President is required to obtain the opinion of the Election Commission of India and act in accordance with that opinion.

Vacation of Seats in Parliament

Dual Membership

• A person cannot simultaneously remain a member of both Houses of Parliament. If elected to both Houses, the member must choose one seat within the prescribed period (10 days); otherwise, the Rajya Sabha seat becomes vacant.
• If a member of one House is elected to the other House of Parliament, the seat in the first House becomes vacant.
• If a person is elected from two constituencies to the same House, they must vacate one seat otherwise, both seats become vacant.
• A person cannot simultaneously be a member of Parliament and a State Legislature; failure to resign from the State Legislature within 14 days; otherwise, their seat in Parliament becomes vacant.

Resignation

• A Lok Sabha member submits resignation to the Speaker, while a Rajya Sabha member submits it to the Chairman.
• The resignation must be voluntary and genuine; otherwise, the presiding officer may refuse to accept it.

Absence

• Under Article 101(4), a House may declare a member’s seat vacant if the member remains absent from all its meetings for 60 days without permission.
• Periods during which the House is prorogued or adjourned for more than four consecutive days are excluded while calculating 60 days.

If a disqualified person is elected to Parliament, the Constitution does not provide any procedure to declare such an election void. Such disputes are governed by the Representation of the People Act, 1951. Under this Act, the High Court may declare an election void, and any aggrieved party may file an appeal before the Supreme Court.

Powers and Functions of Parliament

Legislative Powers

• Enacts laws on subjects in the Union List and Concurrent List.
• Can legislate on the State List under special circumstances (Articles 249, 250, 252, 253).
• Amends, repeals, or replaces existing laws.

Executive Powers

• Exercises control over the Council of Ministers through questions, motions, debates, and committees.
• The Council of Ministers is collectively responsible to the Lok Sabha (Article 75(3)).
• Can remove the government by passing a No-Confidence Motion.

Financial Powers

• Authorizes taxation and public expenditure.
• Passes the Union Budget, Appropriation Bill, and Finance Bill.
• No tax can be imposed or expenditure incurred without parliamentary approval.
• Examines public expenditure through financial committees.

Constituent Powers

• Amends the Constitution under Article 368.
• Can amend most constitutional provisions by following the prescribed procedure.

Electoral Powers

• Participates in the election of the President and Vice-President.
• Elects the Speaker, Deputy Speaker, Deputy Chairman, and members of parliamentary committees.

Judicial Powers

• Impeaches the President (Article 61).
• Removes the Vice-President, Judges of the Supreme Court and High Courts, CAG, CEC, and other constitutional authorities as per constitutional provisions.
• Punishes for breach of parliamentary privileges and contempt of the House.

Emergency Powers

• Approves the proclamation and continuation of National Emergency (Article 352), President's Rule (Article 356), and Financial Emergency (Article 360).
• Reviews and exercises control over emergency powers of the Executive.