The Parliament

The Union Parliament is a three-part body created by the Constitution, with the President as an integral part of it even though the President does not sit in either House.

• Article 79: there shall be a Parliament for the Union which shall consist of the President and two Houses known as the Council of States and the House of the People.
• Parliament = President + Council of States + House of the People (three parts).
• In 1954, the Council of States and the House of the People adopted the names Rajya Sabha and Lok Sabha respectively.
• Rajya Sabha (Council of States) is the Upper House.
• Lok Sabha (House of the People) is the Lower House.
• The Lok Sabha represents the people of India; the Rajya Sabha represents the States and Union Territories of India.

The Lok Sabha is the directly elected, popular chamber of Parliament, and its composition is fixed by Article 81.

• The Lok Sabha consists of: (1) not more than 530 members directly elected from the States; (2) not more than 20 members to represent the Union Territories; and (3) earlier, not more than 2 members of the Anglo-Indian community appointed by the President.
• Maximum strength of Lok Sabha = 552 (530 States + 20 UTs + 2 Anglo-Indian).
• The present strength is 545.
• Members are directly elected on the principle of universal adult franchise (Article 326).
• The Union Territories (Direct Election to the House of the People) Act, 1965 provided for direct election of Lok Sabha members from the UTs.
• By the 104th Constitutional Amendment Act, 2019, nomination of 2 Anglo-Indian members was repealed. Article 331 had dealt with this representation.

• Under Article 330, seats are reserved for SCs and STs in the Lok Sabha: a total of 131 seats — SCs 84 and STs 47.
• Article 332 provides reservation of seats for SCs and STs in the State Legislative Assemblies.
• Reservation was originally for 70 years; after the 104th Amendment it stands extended to 2030, i.e. 80 years from the commencement of the Constitution.

The Rajya Sabha is the permanent, indirectly elected chamber that gives the States and Union Territories a voice in the Union legislature.

• The maximum representatives of the States is fixed at 238.
• The President nominates 12 members (for special knowledge in art, literature, science and social service).
• Maximum strength of Rajya Sabha = 250 (238 States + 12 Nominated).
• At present the Rajya Sabha has 245 seats.
• The Fourth Schedule deals with allocation of Rajya Sabha seats to States and UTs; seats are allotted on the basis of population.

• Representatives of each State are elected by the elected MLAs of the State (MLCs do not participate).
• Election is by the system of proportional representation through the single transferable vote.
• The Constitution prescribes proportional representation only for the States; for Union Territories it leaves the manner to Parliament.

The two Houses differ in nature, strength, mode of election, life and presiding officer — a favourite area for objective questions.

The two Houses have very different lifespans: one is permanent and renews in parts, the other lives a fixed term and dies as a whole.

• The Rajya Sabha is a permanent body and is not subject to dissolution.
• One-third (1/3) of Rajya Sabha members retire every 2 years (second year).
• The term of a Rajya Sabha member is 6 years.
• The Lok Sabha is a temporary body and is subject to dissolution; its normal term is 5 years.

To become a Member of Parliament a person must meet the conditions in Article 84 plus those added by Parliament under the Representation of the People Act.

• A member must be a citizen of India.
• A member must make and subscribe to an oath or affirmation before a person authorised by the Election Commission.
• Minimum age: Rajya Sabha = 30 years; Lok Sabha = 25 years (RS = 30, LS = 25).
• A member must possess such other qualifications as prescribed by Parliament.

• The person must be registered as an elector in any parliamentary constituency.
• To contest a seat reserved for SCs or STs, the person must be a member of that community.

A person may be barred from being chosen as, or continuing as, a Member of Parliament on the grounds laid down in the Constitution and laws made under it.

• A person chosen for both Houses, who has not taken a seat, may within 10 days intimate which House he wishes to serve in.
• If a sitting Lok Sabha member is then chosen for the Rajya Sabha, his Lok Sabha seat becomes vacant.
• If elected to more than one seat in a House, all seats become vacant unless he resigns all but one within the prescribed time (Section 70, RPA 1951).
• Under Section 33(7), RPA 1951, a person may contest from up to two parliamentary constituencies.
• A person cannot be an MP and an MLA/MLC at the same time (Article 101(2)): he must resign the State Legislature seat within 14 days (Prohibition of Simultaneous Membership Rules, 1950), else his Parliament seat becomes vacant.

• A person is disqualified if he: (i) holds an office of profit under the Government of India or any State; (ii) is of unsound mind as declared by a court; (iii) is an undischarged insolvent; (iv) is not a citizen of India or has acquired foreign citizenship/allegiance; or (v) is so disqualified under any law made by Parliament.
• Under Clause (2), a person is disqualified under the Tenth Schedule (anti-defection).

• Questions of disqualification under Article 102(1) are referred to the President, whose decision is final.
• The Election Commission advises the President, and the President's decision must be in accordance with the EC's opinion.

Parliament does not sit continuously; it meets in sessions summoned by the President, and the gap between sessions is capped by the Constitution.

• The President summons each House to meet at such time and place as he thinks fit.
• The maximum gap between two sessions cannot exceed 6 months — no more than six months may intervene between the last sitting of one session and the first sitting of the next.
• There are usually three sessions a year: Budget session (February–May), Monsoon session (July–September) and Winter session (November–December).

• Prorogation ends a session; it is done by the President.
• Dissolution ends the life of the Lok Sabha, after which a general election is held; the President has the power to dissolve the Lok Sabha.

The President, though not sitting in either House, has defined rights to address and message Parliament, and Ministers enjoy participation rights across both Houses.

• Article 87 (Special Address): the President addresses both Houses together on two occasions — (1) the first session after each general election to the Lok Sabha, and (2) at the commencement of the first session of each year.

• Article 88 gives a Minister or the Attorney General the right of participation but not of voting.
• A Minister can vote only in the House of which he is a member, though he may participate in the proceedings of the other House.

The Rajya Sabha is presided over by the Vice-President as ex-officio Chairman, assisted by an elected Deputy Chairman.

• The Vice-President of India is the ex-officio Chairman of the Rajya Sabha, and is not a member of the House.
• The Deputy Chairman is elected from amongst the members of the Rajya Sabha and resigns by writing to the Chairman.
• The Deputy Chairman is directly responsible to the Rajya Sabha and is not subordinate to the Chairman.
• Salaries of the Chairman and Deputy Chairman are fixed by Parliament and charged on the Consolidated Fund of India.
• When the Vice-President acts as President, the Deputy Chairman performs the Chairman's duties.
• The Chairman nominates 10 members to the panel of vice-chairpersons.
• The Chairman cannot vote in the first instance; he exercises a casting vote only in a deadlock.

• The Chairman can be removed only when the Vice-President is removed.
• Removing the Chairman requires a resolution passed by effective majority of the Rajya Sabha and a simple majority of the Lok Sabha.
• The Deputy Chairman is removed by effective majority of the Rajya Sabha; the Lok Sabha has no role.

The Lok Sabha elects its own Speaker as head of the House, while a temporary Speaker Pro Tem presides over the very first sitting.

• There is no separate oath for the Speaker; he takes oath only as a Member of Parliament.
• The Speaker maintains order, interprets the Constitution in the House, and decides breach of privilege or contempt.
• The Speaker cannot vote in the first instance; he uses a casting vote only in a deadlock (equality of votes).
• Both the Speaker and the Deputy Speaker are elected from amongst the members of the Lok Sabha.
• The date of the Speaker's election is fixed by the President; the date of the Deputy Speaker's election is fixed by the Speaker.
• Both are removed by a resolution passed with the effective majority of the Lok Sabha.

• The President appoints a Speaker Pro Tem (usually the senior-most member) and administers oath to him.
• The Speaker Pro Tem presides over the first sitting of a newly elected Lok Sabha and administers oath to the members.

Before sitting, every member takes an oath, and the Constitution fixes how decisions are taken and how many members must be present for the House to function.

• All questions are decided by a majority of members present and voting (simple majority), with a few exceptions needing special/effective majority.
• Casting vote: the Chairman/Speaker does not vote in the first instance but exercises a casting vote in case of equality of votes.
• Quorum = 1/10 of the total members of the House. With no quorum, the presiding officer must adjourn or suspend the House.

Bills differ by the matters they deal with and the special procedures they attract, especially around money and finance.

• A Bill does not lapse on prorogation of the Houses.
• A Bill pending in the Lok Sabha lapses on dissolution of the Lok Sabha.

• A Money Bill can be introduced only in the Lok Sabha, never in the Rajya Sabha (Article 109).
• After passing, it goes to the Rajya Sabha, which has only 14 days to return it with recommendations.
• The Lok Sabha may accept or reject any or all of those recommendations.
• Article 110 defines a Money Bill — it deals only with: (a) imposition/abolition/alteration of any tax; (b) custody of the Consolidated Fund or Contingency Fund; (c) appropriation of money from the Consolidated Fund; and (d) any incidental matter (4 heads).
• Article 111 deals with assent to Bills (President's veto power).

• A Money Bill deals only with Article 110 matters; a Financial Bill adds general legislation beyond Article 110.
• All Money Bills are Financial Bills, but all Financial Bills are not Money Bills.
• Financial Bill (I) and Money Bills share two traits: introduced only in the Lok Sabha and only on the President's recommendation.

When the two Houses deadlock over an ordinary bill, the Constitution provides a joint sitting to break the impasse.

• A joint sitting may be summoned if the other House (a) rejects the Bill, (b) disagrees on amendments, or (c) 6 months elapse without passing it.
• The President summons the joint sitting to deliberate and vote (unless the Bill has lapsed on dissolution).
• No joint sitting for a Money Bill or a Constitutional Amendment Bill.
• Bills passed in joint sittings so far: (i) Dowry Prohibition Bill, 1960; (ii) Banking Service Commission (Repeal) Bill, 1977; (iii) Prevention of Terrorism Bill (POTA), 2002.

Detailed scrutiny of finances and accounts is done by small committees that report to the Houses, drawing on the audit reports of the CAG.

• Constituted for the first time in 1950.
• Has 30 members, all from the Lok Sabha, elected every year.
• The Chairman is appointed by the Speaker; term of office is 1 year.

• Has 22 members — 15 Lok Sabha + 7 Rajya Sabha, elected every year.
• Chairman appointed by the Speaker; term 1 year; members elected by proportional representation / single transferable vote.
• Functions: examine the reports and accounts of public undertakings and the CAG reports on public undertakings.

The first hour of every sitting belongs to members, who question the government on every aspect of administration through four kinds of questions.

• Members can question every aspect of administration and governmental activity.

• Starred question: desires an oral answer, marked with an asterisk (*); supplementary questions allowed.
• Unstarred question: answered in writing; no supplementary questions.
• Short Notice question: a matter of urgent public importance, notice of less than 10 days; answered orally with supplementaries.
• Question to a Private Member: relates to a Bill, resolution or business for which that member is responsible.

Zero Hour is a uniquely Indian device that lets members raise urgent matters immediately after the Question Hour, without any prior notice.

• It starts immediately after the Question Hour.
• It is an Indian innovation in parliamentary procedure.
• Zero Hour is not mentioned in the Rules of Procedure.
• Matters are raised without any prior notice.