Parliament of India

Composition of Parliament and the Rajya Sabha

Core Concept

India has a parliamentary form of government in which the Prime Minister and Council of Ministers are collectively responsible to the Lok Sabha. The Parliament is described as the most important organ of this system because people elect representatives who legislate and control the executive on their behalf. The ministry remains in office so long as it enjoys the confidence of Lok Sabha, which can dislodge it through a no-confidence motion.

The Parliament consists of the President and two Houses: Rajya Sabha and Lok Sabha. Rajya Sabha is the Upper House and represents the States of India. Lok Sabha is the Lower House and is called the Popular House because it represents the people. The President is an integral part of Parliament although he or she is not a member of either House.

Rajya Sabha — Membership and Election

Rajya Sabha is a permanent body and cannot be dissolved. Its membership cannot exceed 250. The President nominates 12 members on the basis of excellence in literature, science, art and social service, while the remaining members are elected. The chapter records 245 as its then total membership.

Rajya Sabha represents the States in the Indian Union. Elected members of State Legislative Assemblies elect Rajya Sabha members by proportional representation through the single transferable vote system. States do not have equal representation: representation is based on population. The chapter gives Uttar Pradesh 31 seats, while Sikkim and Tripura have one member each; Delhi Assembly elects three members and Pondicherry sends one member. Other Union Territories are not represented in Rajya Sabha.

Qualifications and Tenure

A Rajya Sabha member should be an Indian citizen and at least 30 years of age, make an oath or affirmation of allegiance to the Constitution, and fulfil the qualifications specified in the chapter. It records that, since 2003, an Indian citizen may contest Rajya Sabha elections irrespective of the State in which he or she resides, and elections are conducted through an open voting system.

Every Rajya Sabha member has a six-year term. One-third of the members retire every two years, and members may contest again. A member elected against a mid-term vacancy serves only the remaining period. The system is intended to ensure continuity in the working of the House.

Officials of Rajya Sabha

The Vice-President is the ex-officio Chairman of Rajya Sabha and presides over its meetings. In his or her absence, the Deputy Chairman, elected by the members from among themselves, presides. The Vice-President is not a member of Rajya Sabha and normally does not vote; a casting vote may be used in case of a tie.

Lok Sabha, Qualifications, Tenure and Speaker

Lok Sabha — Membership and Election

Unlike Rajya Sabha, Lok Sabha is not a permanent body. It is elected directly by the people on the basis of universal adult franchise and is the popular or Lower House. The chapter gives the maximum permissible membership as 550, with 530 members directly elected from States and 20 from Union Territories. It also records that the President may nominate two members from the Anglo-Indian community if he or she considers that community inadequately represented.

Seats are reserved for Scheduled Castes and Scheduled Tribes. From a reserved constituency, only persons belonging to the concerned SC or ST category may contest, but all voters of the constituency participate in the election through the joint electorate system. Representation in Lok Sabha is based on population. The chapter notes Uttar Pradesh with 80 members, while Mizoram, Nagaland and Sikkim have one representative each, and Delhi has seven. States are divided into single-member constituencies on the basis of population.

Qualifications and Tenure

Citizens aged 18 years and above are entitled to vote in Lok Sabha elections subject to parliamentary laws. A candidate for Lok Sabha should be an Indian citizen, at least 25 years of age, make an oath or affirmation concerning faith and allegiance to the Constitution and sovereignty and integrity of India, satisfy other qualifications laid down by Parliament, and be registered as a voter in any constituency in India. A person contesting a reserved seat must belong to the concerned SC or ST category.

The normal term of Lok Sabha is five years. The President, on the advice of the Council of Ministers, may dissolve it before five years. During National Emergency, its term may be extended by one year at a time, but not beyond six months after the emergency ends. The chapter gives the example of the 12th Lok Sabha, elected in 1998 and dissolved in 1999.

Speaker and Deputy Speaker

The Speaker is the presiding officer of Lok Sabha and is elected by its members. The Speaker continues in office even after Lok Sabha is dissolved until the next House elects a new Speaker. In the Speaker’s absence, the Deputy Speaker presides. Both can be removed through a resolution of Lok Sabha passed by a majority of all the then members.

The Speaker conducts House meetings orderly, gives permission for members to speak, permits introduction of Bills, reports, motions and resolutions, and puts Bills or motions to vote. The Speaker normally does not vote but may exercise a casting vote in case of a tie. The Speaker’s decisions in parliamentary matters and on points of order are final, the Speaker is custodian of members’ rights and privileges, decides disqualification in case of defection, accepts resignations and decides their genuineness, and presides over a joint sitting of both Houses.

Functions and Powers of Parliament

Legislative Functions

The Parliament is basically a law-making body. The chapter explains three legislative lists: Union List, State List and Concurrent List. Parliament alone makes laws on Union List subjects. Parliament and State Legislatures both make laws on Concurrent List subjects, but where laws conflict, the central law prevails. Residuary powers are vested with Parliament. Thus, Parliament’s law-making power is described as very wide and, in certain circumstances, extends even to State List subjects.

Executive Functions

In the parliamentary system, legislature and executive have a close relationship and the executive is responsible to the legislature. The Prime Minister and Council of Ministers are responsible to Parliament individually and collectively. Parliament can dislodge a ministry through a no-confidence motion or by refusing to endorse a confidence motion. The chapter gives the 1999 example in which the Atal Bihari Vajpayee Government lost a confidence motion in Lok Sabha by one vote and resigned.

Routine control over the executive is maintained through Question Hour, supplementary questions, discussions and motions. Calling attention notices and adjournment motions can raise recent matters of urgent public importance. A Censure Motion is described as a severe indictment of the government, but it does not require resignation of the Council of Ministers. Lok Sabha may also express lack of confidence by disapproving the budget, money bill or an ordinary bill.

Financial, Electoral and Removal Functions

Miscellaneous Functions

Parliament approves proclamations of Emergency made by the President. It may create a new State by separating territory, unite two or more States, or change State boundaries and names. The chapter cites Chhattisgarh, Jharkhand and Uttarakhand as new States created in 2000. Parliament may admit or establish new States in the Union, with Sikkim in 1975 given as an example. It can abolish or create Legislative Councils in States on the request of the concerned State Assemblies.

Overall, the chapter describes Parliament as having wide functions while being shaped by the federal system. It must mirror the aspirations and needs of the people, help resolve socio-economic and political conflicts, and assist in building consensus on crucial issues such as foreign policy formulation.

Law-making Procedure, Money Bills, Budget and Quorum

Ordinary Bills

Any member of Parliament may introduce an ordinary Bill. A Bill introduced by a Minister is a Government Bill; one moved by an MP who is not a Minister is a Private Member’s Bill. Ordinary Bills pass through stages in both Houses.

1. First Reading: The Minister informs the presiding officer, the question of introduction is put to the House, and after approval the Bill is introduced.
2. Second Reading: After general discussion, the House may take the Bill into detailed clause-by-clause consideration, refer it to a Select Committee, refer it to a Joint Committee of both Houses, or circulate it among people to elicit public opinion. A committee examines clauses minutely, may seek views of professionals and legal experts, and submits its report.
3. Third Reading: The Minister may move that the Bill be passed. Normally there is no discussion; members support or oppose adoption by a simple majority of members present and voting.
4. Other House: The other House follows the same three-reading procedure. It may pass the Bill, pass it with amendments, or reject it. If there is disagreement, a deadlock may arise.
5. Joint Sitting: To remove a deadlock between the Houses over a non-money Bill, the President may call a joint sitting. The chapter says such sittings are very rare and cites three occasions: Dowry Prohibition Bill 1959, Banking Service Commission (Repeal) Bill 1978 and Prevention of Terrorism Bill 2002.
6. President’s Assent: After passage by both Houses or a joint sitting, the Bill goes to the President. The President may give assent and the Bill becomes law, or withhold assent and suggest changes. If both Houses pass it again with or without accepting the recommendations, the President has no option but to give assent. The chapter also records the Postal Bill episode of 1986 in which assent was neither given nor the Bill returned, and the Bill lapsed after clarifications were sought but never provided.

Money Bills

A Money Bill deals with money matters such as imposition of taxes, government expenditure, borrowings, guarantees and matters connected with the Consolidated Fund or Contingency Fund. If there is a dispute whether a Bill is a Money Bill, the Speaker’s decision is final.

A Money Bill can be introduced only in Lok Sabha, with prior approval of and on behalf of the President. After Lok Sabha passes it, Rajya Sabha has 14 days to consider and report. Rajya Sabha cannot reject it; it may accept it or make recommendations. Lok Sabha may accept or reject those recommendations, and the Bill then goes directly to the President. If Rajya Sabha does not return it within 14 days, it is deemed passed by both Houses and sent for assent.

Budget and Quorum

The Budget is an annual financial statement showing expected revenue and expenditure of public money and is not a Bill. The chapter says the Finance Minister presents it in Lok Sabha and describes it in two parts: Railway Budget and General Budget. The Finance Bill contains the government’s taxation proposals. Departmental select committees scrutinize demands for grants and submit recommendations to Lok Sabha.

Quorum means the minimum number of members required for a House to meet. It is one-tenth of the total membership. Without quorum, a meeting of either House cannot take place.

Rajya Sabha and Lok Sabha — Comparative Study

Core Comparison

The chapter distinguishes the two Houses on the basis of representation, election, permanence and distribution of powers. Rajya Sabha represents the States and is elected through members of State Legislative Assemblies. Lok Sabha represents the people and is directly elected. Rajya Sabha is permanent, whereas Lok Sabha is constituted for a specified five-year term.

Three Areas of Constitutional Relationship

The chapter says that the relationship between the Houses can be studied from three angles:

1. Lok Sabha is superior in certain areas: introduction and adoption of Money Bills and removal of the Cabinet by passing a no-confidence motion.
2. Rajya Sabha has certain exclusive powers: it can declare a subject in the State List to be a matter of national importance and facilitate central legislation.
3. Both Houses have equal powers in several areas: adoption of Bills other than Money Bills, approval of emergency proclamations, and moving adjournment and other motions.